Loading...
HomeMy WebLinkAbout2024/04/23 Post Agenda Packet Date:Tuesday, April 23, 2024, 5:00 p.m. Location:Council Chambers, 276 Fourth Avenue, Chula Vista, CA REGULAR CITY COUNCIL MEETING Watch live in English and Spanish: chulavistaca.gov/councilmeetings or Cox Ch. 24 (English only). Free Spanish interpretation is available on-site. _______________________________________________________________________________________ In-Person Public Comments: Submit a request to speak to City Clerk staff before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. Electronic Public Comments: At chulavistaca.gov/councilmeetings, locate the meeting and click the comment bubble icon. Select the item and click "Leave Comment." You may also email cityclerk@chulavistaca.gov. eComments, emails, and other written comments must be received by noon for a regular City Council meeting. Watch Live or Recorded (English and Spanish): Visit chulavistaca.gov/councilmeetings. Click "ES" at the bottom to switch to Spanish. Closed captioning is available in both languages. Accessibility: In compliance with the American Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at cityclerk@chulavistaca.gov or (619) 691-5041. Providing at least 48 hours' notice will help ensure that reasonable arrangements can be made. Gov. Code § 84308: Parties to any proceeding involving a license, permit, or other entitlement for use pending before the City Council must disclose any campaign contribution over $250 (aggregated) within the preceding 12 months made by the party, their agent, and those required to be aggregated with their contributions under Gov. Code § 82015.5. The disclosure must include the amount contributed and the name(s) of the contributor(s). "G.C. § 84308: Yes" on this agenda indicates that the item is subject to these regulations. PUBLIC PARTICIPATION Complete Agenda Packet: The complete agenda packet, including staff reports, draft resolutions and ordinances, and other backup materials, is available at chulavistaca.gov/councilmeetings or the City Clerk's Office. Time Allotted for Speaking (subject to change by the presiding officer) - Consent Calendar (any or all items): 3 minutes - Agenda Items (not on Consent): 3 minutes - General Public Comment (not on agenda): 3 minutes Individuals who use a translator will be allotted twice the time. General Public Comments: Twenty-one (21) minutes are scheduled near the beginning of the meeting. The first seven (7) speakers will be heard during the first Public Comment period. If there are additional speakers registered, they will be heard during the continued Public Comment period. If all registered speakers present at the time address the City Council during the first Public Comment period, there will be no continued Public Comment period. Submitting Request to Speak: A request to speak must be submitted to the City Clerk before the close of the public comment period on an item or before the close of the general Public Comment period for non-agenda items. GETTING TO KNOW YOUR AGENDA AGENDA SECTIONS Consent Calendar items are routine items that are not expected to prompt discussion. All items are considered for approval at the same time with one vote. Before the vote, there is no separate discussion of these items unless a member of the City Council or staff removes the item from the Consent Calendar. Public Comment provides an opportunity to address the City Council on any matter not listed on the agenda that is within the jurisdiction of the City Council. Under the Brown Act, the City Council cannot take action on matters not listed on the agenda. Public Hearings are held on matters specifically required by law. Action Items are items expected to cause discussion and/or action by the City Council but do not legally require a public hearing. Closed Session may only be attended by members of the City Council, support staff, legal counsel, and others as specified on the agenda. Closed session may be held only in very limited circumstances as authorized by law. CITY COUNCIL ACTIONS: Resolutions are formal expressions of opinion or intention of the City Council and are usually effective immediately. Ordinances are laws adopted by the City Council. Ordinances usually amend, repeal, or supplement the Municipal Code; provide zoning specifications; or appropriate money for specific purposes. Most ordinances require two hearings and go into effect 30 days after the final approval. Proclamations are issued by the City to honor significant achievements by community members, highlight an event, promote awareness of community issues, and recognize City employees. City of Chula Vista - City Council April 23, 2024 Post Agenda Page 2 of 886 Pages 1.CALL TO ORDER 2.ROLL CALL 3.PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE 4.SPECIAL ORDERS OF THE DAY 4.1 Chula Vista Bayfront Update by San Diego Port Commissioner Ann Moore 12 4.2 Presentation of a Proclamation to San Diego County Fair Executive Team Proclaiming June 12, 2024, San Diego County Fair Day in the City of Chula Vista 4.3 Presentation by Fire Department Deputy Chief Chris Manroe and Emergency Manager Marlon King Regarding the 2024 San Diego County Multi-Agency Wildland Preparation Exercise To Be Held in Chula Vista 4.4 Presentation of a Proclamation to Tamar Caspi Proclaiming April 29, 2024, End of Jew Hatred Day in the City of Chula Vista 5.CONSENT CALENDAR (Items 5.1 through 5.10) Consent calendar items are considered together and acted upon by one motion. There is no separate discussion of these items unless a member of the City Council or staff removes the item from the Consent Calendar. RECOMMENDED ACTION: City Council approve the recommended action on the below consent calendar items. 5.1 Approve Meeting Minutes 26 RECOMMENDED ACTION: Approve the minutes dated: March 19 and 26 and special meetings April 4 and 9, 2024. 5.2 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. City of Chula Vista - City Council April 23, 2024 Post Agenda Page 3 of 886 5.3 Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed-Use Zone 47 Report Number: 24-0088 Location: Generally, north of Birch Road, east of State Route 125 (“SR-125”), south of Olympic Parkway, and west of Eastlake Parkway Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR 02-04; SCH #1989010154; certified by City Council Resolution No. 2003-131 on April 1, 2003). RECOMMENDED ACTION: Adopt an ordinance approving amendments to the Planned Community District Regulations contained within the Otay Ranch Freeway Commercial SPA Plan. (Second Reading and Adoption) 5.4 Agreement: Approve a First Amendment to the Acquisition/Financing Agreement Relating to California Municipal Finance Authority’s Community Facilities District No. 2021-11 (Otay Ranch Village 8 West) and Authorize Related Actions 118 Report Number: 24-0032 Location: Otay Ranch Village 8 West Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt a resolution approving the first amendment to the Acquisition/Financing Agreement for California Municipal Financing Authority (“CMFA”) Community Facilities District 2021-11 (City of Chula Vista - Otay Ranch Village 8 West) and related actions. City of Chula Vista - City Council April 23, 2024 Post Agenda Page 4 of 886 5.5 Agreements: Approve Agreements With Best, Best & Krieger for Legal Services and Bond and Disclosure Counsel Services for Two New Community Facilities Districts 176 Report Number: 24-0077 Locations: 565 Broadway (prior Sears property at Chula Vista Center) and 676 Moss Street Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Adopt resolutions approving legal services agreements for legal services, bond, and disclosure counsel services between the City and Best, Best & Krieger (“BB&K”) for two separate Community Facilities Districts: A) BB&K Agreement CFD 2024-1 (Citrus Bay) and, B) BB&K Agreement CFD 2024-2 (676 Moss Street). 5.6 Equipment Lease Agreement and Appropriation: Approve an Equipment Lease Agreement with Lenovo Financial Services to Purchase Mobile Data Computers for the Police Department and Appropriate Funds for That Purpose 205 Report Number: 24-0058 Location: No specific geographic location Department: Police G.C. § 84308: Yes 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 an equipment lease agreement with Lenovo Financial Services to fund the purchase of Mobile Data Computers from CDW+G LLC for the Police Department and appropriating funds for that purpose. (4/5 Vote Required) City of Chula Vista - City Council April 23, 2024 Post Agenda Page 5 of 886 5.7 Contract: Award a Citywide Pest Control Service Contract to Corky’s Pest Control, Inc. 217 Report Number: 24-0065 Location: City Facilities, City Maintained Parks, and Right-of-Way/Open Space areas Department: Public Works G.C. § 84308: Yes Environmental Notice: The activity qualifies for Exemption pursuant to California Environmental Quality Act (CEQA) State Guidelines Section 15251(i) (List of Certified Programs). Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. RECOMMENDED ACTION: Adopt a resolution awarding a contract for Citywide pest control services to Corky’s Pest Control, Inc. in an amount not to exceed $950,000 for up to five years. 5.8 Apparatus/Vehicle Purchase and Appropriation: Waive the Competitive Bidding Requirements, Approve the Purchase of One BME Type 6 Squad Apparatus from South Coast Fire Equipment, and Appropriate Funds for That Purpose 245 Report Number: 24-0123 Location: No specific geographic location Department: Fire G.C. § 84308: Yes 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 one BME Type 6 Squad apparatus from South Coast Fire Equipment and appropriating funds for that purpose. (4/5 Vote Required) City of Chula Vista - City Council April 23, 2024 Post Agenda Page 6 of 886 5.9 Agreement: Approve an Agreement with Rogers, Anderson, Malody & Scott LLP to Provide Financial Audit Services 262 Report Number: 24-0122 Location: No specific geographic location Department: Finance G.C. § 84308: Yes 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 an agreement with Rogers, Anderson, Malody & Scott LLP to provide financial audit services. 5.10 Agreement: Award a Progressive Design-Build Agreement with Erickson Hall Construction Company, Amend the Fiscal Year 2023/24 Capital Improvement Program Budget, Establish a New CIP Project and Appropriate Funds for That Purpose 325 Report Number: 23-0260 Location: La Media Rd. and Santa Luna St. Department: City Manager G.C. § 84308: Yes Environmental Notice: The Project was adequately covered in a previously- certified Final Environmental Impact Report (FEIR 10-03; SCH No. 2010062093) for Otay Ranch Village 8 West Sectional Planning Area (SPA) and Tentative Map. RECOMMENDED ACTION: Adopt a resolution A) Awarding a Progressive Design-Build Construction Agreement between the City and Erickson-Hall Construction Company for design and construction of Temporary Fire Station 11; B) Amending the Fiscal Year 2023/24 Capital Improvement Program (CIP) budget by establishing a new CIP Project, GGV0273 “Temporary Fire Station 11”; and C) appropriating funds for that purpose. (4/5 Vote Required) 6.PUBLIC COMMENTS 411 Twenty-one minutes are scheduled for the public to address the City Council for three minutes each on any matter within the jurisdiction of the City Council that is not on the agenda. The remaining speakers, if any, will be heard during the continued Public Comment period. 7.BOARD AND COMMISSION REPORTS City of Chula Vista - City Council April 23, 2024 Post Agenda Page 7 of 886 7.1 Charter Review Commission Report Regarding Councilmember Suspension Charter Provision 413 Location: No specific geographic location Department: City Attorney G.C. § 84308: No 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: Hear the report and provide feedback to the Commission. 8.PUBLIC HEARINGS 8.1 General Plan Amendment: Amend the Chula Vista General Plan to Establish a Safety Element by Consolidating and Updating Safety Goals and Policies in Compliance with State Law 414 Report Number: 24-0130 Location: No specific geographic location Department: Development Services G.C. § 84308: No Environmental Notice: Pursuant to State of California Environmental Quality Act (“CEQA”) Guideline Section 15162, a subsequent Environmental Impact Report (“EIR”) or a Negative Declaration is not required for the update to the City’s Safety Element in that substantial changes are not proposed, the circumstances to which the General Plan was adopted have not changed, and no new information of substantial importance has arisen since the prior environmental documents have been certified. Furthermore, it has been determined that the proposed consolidation of safety goals and policies is exempt from the CEQA Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments are primarily limited to policy modifications and updates in compliance with Government Code Section 65302(g)1 through 9 and are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. RECOMMENDED ACTION: Conduct the public hearing and adopt a resolution amending the Chula Vista General Plan to establish a Safety Element by consolidating and updating Safety goals and policies in compliance with state law. 9.ACTION ITEMS City of Chula Vista - City Council April 23, 2024 Post Agenda Page 8 of 886 9.1 Mobilehome Space Rent Review: Reduce the Administrative Fee for Mobilehome Rent Control Services to $5 for Fiscal Year 2024/25 and Amend Chula Vista Municipal Code Chapter 9.50 “Mobilehome Space Rent Review” to Streamline Administration 755 Report Number: 24-0134 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Place ordinance A) on first reading amending Chapter 9.50 of the Chula Vista Municipal Code “Mobilehome Park Space Rent Review” to add section 9.50.025 “Mobilehome Rent Review Hearing Officer – Creation of Position – Authority”, amend section 9.050.030 “Administrative fee” to update reporting requirements, amend section 9.50.070 “Initiation of space rent review” to update procedures, and update references accordingly (First Reading); ordinance B) on first reading repealing section 2.31 of the Chula Vista Municipal Code “Mobilehome Rent Review Commission” (First Reading); and adopt a resolution amending Chapter 18 of the City’s Master Fee Schedule and reducing the administrative fee from $10 to $5 for Fiscal Year 2024/25. 9.2 Unsheltered Policy: Add Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code to Establish a Permitting Process for Service Providers, and Amend Chapter 4 of the City’s Master Fee Schedule to Add Service Providers Fees 824 Report Number: 24-0121 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. City of Chula Vista - City Council April 23, 2024 Post Agenda Page 9 of 886 RECOMMENDED ACTION: Place an ordinance on first reading adding Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code requiring an operational permit for service providers conducting outreach and/or placing unsheltered person(s) in Chula Vista (First Reading); and adopt a resolution amending Chapter 4 of the City’s Master Fee Schedule to adopt fees related to the Service Provider permit. 9.3 State Legislation: Report on Senate Bill 1208 “Waste Discharge Permits: Landfills” and Adopt a Resolution Expressing Support of Senate Bill 1208 846 Report Number: 24-0109 Location: Unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from Interstate 905, one-quarter mile from Loop Road/Paseo De La Fuente and east of State Route 11 Department: City Manager G.C. § 84308: No Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. RECOMMENDED ACTION: Hear the report and adopt a resolution in support of Senate Bill 1208: Waste Discharge Permits: Landfills. 10.PUBLIC COMMENTS (CONTINUED) There will be no continued Public Comment period if all speakers present at the first Public Comment period are heard. 11.CITY MANAGER’S REPORTS 12.MAYOR’S REPORTS 12.1 Appointment to the Human Relations Commission 881 - Tiffany Hecklinski 13.COUNCILMEMBERS’ COMMENTS 14.CITY CLERK'S REPORTS 15.CITY ATTORNEY'S REPORTS 16.CLOSED SESSION Announcements of actions taken in closed session shall be made available by noon on the next business day following the City Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act (Government Code 54957.7) 16.1 Conference with Legal Counsel-Anticipated Litigation (Paragraph (4) of subdivision (d) of Gov. Code § 54956.9) Initiation of Litigation: One (1) case City of Chula Vista - City Council April 23, 2024 Post Agenda Page 10 of 886 16.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government code Section 54956.9(1) A) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB B) Name of case: Estate of Bradley Munroe, et al. v. City of Chula Vista, et al., United States District Court, Case No. 23cv2253RBM-SBC 16.3 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency designated representatives: Maria Kachadoorian, Marco Verdugo, Courtney Chase, Tanya Tomlinson, and Sarah Schoen Employee organization: ACE and POA 17.ADJOURNMENT in memory of Assistant Chief of Police Phillip Collum, March 20, 1970 - April 12, 2024. to the regular City Council and Successor Agency to the Redevelopment Agency and special Housing Authority meeting on May 7, 2024, at 5:00 p.m. in the Council Chambers. Materials provided to the City Council related to an open session item on this agenda are available for public review, please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or (619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. City of Chula Vista - City Council April 23, 2024 Post Agenda Page 11 of 886 Chula Vista City Council Update April 23, 2024 Commissioner Ann MoorePage 12 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2Page 13 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 3 Gaylord Pacific –Grand Opening 2025! Page 14 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 4 Gaylord Pacific Construction Page 15 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 5Page 16 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 6 Gaylord Pacific –Grand Opening 2025! Page 17 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 7 Sweetwater Park –Conceptual Renderings Page 18 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 19 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 9 •Scope: o Removal and replacement of asphalt pavement on Parking Lots 1, 2,and 3 and portion of Marina Way •Contract Award: o April 2024 BPC Meeting o Construction Contract:$1.5M •Construction: o Start: May 2024 (approx.) o Duration:3 months •Major Maintenance PARKING LOT 1 PARKING LOT 2 PARKING LOT 3 MARINA WAY Bayfront Park Pavement Repair Page 20 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 10 Bayfront Park Torrey Pines Page 21 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 11 Harbor Park Next Steps Secured Funding •$10,000,000 Page 22 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 12 Tidelands Activation Programs: Civic EventSouth Bay Earth Day at Bayfront Park Page 23 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 13 Saturday, June 29, 2024 Noon to 5 p.m. Chula Vista Bayfront Park THEME:A Day at the Park ̵ Multicultural Celebration Free and Open to All Ages FEATURES:Kids Zone Local Music and Dance Performances Refreshments RFP:7 Responsive Applicants SELECTED: Ed Arguelles Imagine Media Group, LLC Chula Vista based Small Business Certified Chula Vista’s A Day at the Park Page 24 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 25 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES March 19, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; Deputy Director of City Clerk Services Turner; Director of City Clerk Services Malone Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:03 p.m. 2. ROLL CALL Deputy Director of City Clerk Services Turner called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Deputy Mayor Gonzalez. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation to Public Information Specialist Diane Howell in Recognition of Her Retirement and 22.5 Years of Dedicated Service with the City of Chula Vista Mayor McCann spoke regarding Public Information Specialist Howell's tenure and accomplishments; he and the City Councilmembers presented a proclamation to Ms. Howell. 5. CONSENT CALENDAR (Items 5.1 through 5.5) The following members of the public spoke regarding Items 5.1 through 5.5.  Alan C.  Mark John Acosta, Chula Vista resident, spoke regarding Items 5.2 and 5.3. Delia Dominguez-Cervantes, Chula Vista resident, spoke regarding Item 5.3. Page 26 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 2 Robert spoke regarding Item 5.4. Moved by Mayor McCann Seconded by Councilmember Chavez To approve the recommended actions appearing below consent calendar Items 5.1 through 5.5. The headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) 5.1 Approve Meeting Minutes Approval of the minutes dated: February 20, 2024, and February 26, 2024. 5.2 Waive Reading of Text of Resolutions and Ordinances Robert submitted written comments. Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.3 Housing Report: Accept the Housing Element 2023 Annual Progress Report and Housing Successor Annual Report for Fiscal Year 2022/23 Jason Smith submitted written comments expressing a neutral position on the item. Acceptance of the Housing Element 2023 Annual Progress Report and the Housing Successor Annual Report for Fiscal Year 2022/23. 5.4 Community Facility District: Declare Intention to Form Community Facilities District 16M CFD (El Dorado Ridge) for Maintenance and Monitoring of Open Space Adopt a resolution approving the proposed boundaries of Community Facilities District 16M (“CFD 16M”), declaring the intention of the City Council to authorize the formation of the proposed CFD 16M, levy a special tax, and set a time and place for the public hearing. Item 5.4 heading: RESOLUTION NO. 2024-043 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 16M (EL DORADO RIDGE) OF THE CITY OF CHULA VISTA AND TAKING OTHER ACTIONS RELATING THERETO 5.5 Grant Award and Donation Appropriation: Accept the California for All Animals Grant to Provide Public Spay/Neuter Services, and the Ethel Chisholm Keyes Trust Donation and Appropriate Funds Adopt a resolution 1) accepting $52,500 in grant funds from the California for All Animals to provide public spay/neuter services and preventative vaccinations to the Page 27 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 3 community; and 2) accepting a $100,000 donation from the Ethel Chrisholm Keyes Trust and appropriating funds for these purposes. (4/5 Vote Required) Item 5.5 heading: RESOLUTION NO. 2024-044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING GRANT FUNDS FROM CALIFORNIA FOR ALL ANIMALS AND A DONATION FROM THE ETHEL CHISHOLM KEYES TRUST (4/5 VOTE REQUIRED) The meeting was recessed at 6:09 p.m. and resumed at 6:25 p.m. 6. PUBLIC COMMENTS The following members of the public spoke regarding various topics:  Alan C.  John Acosta Joseph Raso, Chula Vista resident, spoke in opposition to the Tenant Protection Ordinance. Deborah Schlemmer, spoke regarding cameras in City parks and various other topics. Salvador Abrica, representing Teamsters Local 542, spoke regarding the franchise agreement between the City and Republic Services. At the request of Councilmember Preciado, there was a consensus of the City Council to direct staff to return to a future meeting with an analysis of the forced majeure clause related to the franchise agreement extension with Republic Services. Robert Johnson submitted written communications. The following members of the public spoke regarding the closure of the labor and delivery department at Scripps:  Linda Castillea  Susanna Chou 7. PUBLIC HEARINGS 7.1 Bond Approval: Approve the Issuance of Tax-Exempt Multifamily Housing Revenue Bonds for the Construction of the Congregational Place Project and Certain Other Matters Relating Thereto Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor McCann opened the public hearing. The following members of the public spoke in opposition to the item:  John Acosta, Chula Vista resident  Mark  Alan C.  Paul Henkin Page 28 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 4 The following members of the public spoke expressing a neutral position on the item:  Delia Dominguez-Cervantes, Chula Vista resident  Robert The following members of the public submitted written communications expressing a neutral position on the item:  Jason Smith  Paul Henkin There being no additional members of the public who wished to speak, Mayor McCann closed the public hearing. At the request of Councilmember Preciado, Housing Manager Warwick gave a presentation. The meeting was recessed at 6:09 p.m. and resumed at 6:25 p.m. Moved by Councilmember Preciado Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-045, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) Item 7.1 heading: RESOLUTION NO. 2024-045 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE ISSUANCE OF TAX-EXEMPT MULTIFAMILY HOUSING REVENUE BONDS FOR THE CONSTRUCTION OF THE CONGREGATIONAL PLACE PROJECT AND CERTAIN OTHER MATTERS RELATING THERETO 8. ACTION ITEMS 8.1 Council Referral: Report on Implementing Senate Bill 10 Within the City of Chula Vista Principal Planner Donaghe gave a presentation on the item. Planning Commissioner Torres spoke regarding the item. The following members of the public spoke in opposition to the item:  Mark  Pamela Gilles  Delia Dominguez-Cervantes, Chula Vista resident  Rosemarie Ballard  Alan C.  Lora Duzyk  Cheryl P. Page 29 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 5  Dale Stevenson  Eva Adolfsson, Chula Vista resident  Paul Henkin  Lillie Herbert. Chula Vista resident  Robert  Laura  Elain Lucca, Chula Vista resident  John Acosta, Chula Vista resident  Christine Brady, Chula Vista resident The following members of the public submitted written communication in opposition to the item:  Carolina Ramirez  Kathleen M. Adams 8.2 Financial Report and Appropriation: Accept Quarterly Financial Report for Quarter Ending December 31, 2023, Appropriate Funds to Implement Required Budget Adjustments, Create New CIP Project, and Accept $47,162 from California State Library Grants The following members of the public spoke in opposition to the item:  Mark  Alan C. Christine Brady, Chula Vista resident, spoke regarding arts and culture in the City. The meeting was recessed at 8:05 p.m. and resumed at 8:17 p.m. Moved by Councilmember Preciado Seconded by Mayor McCann To adopt Resolution Nos. 2024-046 and 2024-047, the headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) Item 8.2 headings: A) RESOLUTION NO. 2024-046 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2023- 24 BUDGET TO ADJUST FOR VARIANCES, ACCEPTING FUNDS FROM CALIFORNIA STATE LIBRARY GRANTS, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) B) RESOLUTION NO. 2024-047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, PRK0345 “MACKENZIE CREEK PICKLEBALL COURTS;” AND APPROPRIATING FUNDS FROM THE AVAILABLE Page 30 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 6 BALANCE OF THE AMERICAN RESCUE PLAN ACT FUND THEREFOR (4/5 VOTE REQUIRED) 9. PUBLIC COMMENTS (CONTINUED) The following members of the public spoke regarding various topics related to the Ralph Brown Act:  Mark  Robert Johnson The following members of the public spoke regarding the closure of the labor and delivery department at Scripps:  Letisa Carson  Sheighla  Carolina Ramirez  Delia Dominguez Cervantes  Paul Henkin  Aisha Pratt At the request of Mayor McCann, there was a consensus of the City Council to direct staff to assess how the City might provide support to keep the labor and delivery department at Scripps Chula Vista open. The following members of the public thanked staff for their efforts to clean up Industrial Blvd:  Roberto Ramirez, he also spoke about addressing other conditions in the area.  Stephanie Rojas Oscar Salas spoke regarding the franchise agreement between the City and Republic Services. 10. CITY MANAGER’S REPORTS There were none. 11. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11.1 Appointments to the Board of Ethics Board of Ethics - Robert Maisonet - Bobby Ray Salas Mark spoke in support of the item. Moved by Mayor McCann Seconded by Councilmember Preciado Page 31 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 7 To ratify the appointments of Robert Maisonet and Bobby Ray Salas to the Board of Ethics Commission. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) 12. COUNCILMEMBERS’ COMMENTS Councilmembers reported on attendance at recent events and made community announcements. Deputy Mayor Gonzalez distributed a memorandum regarding SB 1208 relating to Waste Discharge Permits: Landfills and AB 2783 relating to Transparency and Accountability in Port governance. At the request of Deputy Mayor Gonzalez there was a consensus of the City Council to add a discussion regarding support of SB 1208 to a future meeting agenda. 13. CITY CLERK'S REPORTS 13.1 City Council Vacancy: Discussion and Direction to Staff on the Appointment Process for the District 4 City Council Vacancy Deputy Director of City Clerk Services Turner spoke regarding the item. Alan C. spoke in support of a special meeting being held to conduct interviews. Paul Henkin submitted written comments in support of filling the seat by appointment. There was a consensus of the City Council to interview all eight qualified applicants and return to the March 26, 2024, City Council meeting to determine the date and format of the interviews as well as the interview questions. 14. CITY ATTORNEY'S REPORTS There were none. 15. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. Acting City Attorney Maland announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 9:30 p.m. The City Council convened in closed session at 9:32 p.m., with all members present. 15.1 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) A) Name of case: Hanna Wells v City of Chula Vista, San Diego Superior Court, Case No. 37-2023-00036274-CU-CR-CTL. Page 32 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-19 Regular City Council Meeting Minutes Page 8 Action: No Reportable Action B) Name of case: CV Amalgamated LLC v City of Chula Vista, et al., San Diego Superior Court, Case number 37-2020-33446-CU-MC-CTL Action: Item not heard. 15.2 Conference with Legal Counsel - Anticipated Litigation - Initiation of Litigation Pursuant to Government Code Section 54956.9(d)(4): Moved by Councilmember Preciado Seconded by Councilmember Chavez Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) One (1) Case Action: Authorization to initiate litigation. 16. ADJOURNMENT The meeting was adjourned at 10:12 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 33 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Regular City Council Meeting MINUTES March 26, 2024, 5:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian; Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Clerk Bigelow; Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 5:01 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Chavez 4. SPECIAL ORDERS OF THE DAY 4.1 Oaths of Office for Board of Ethics Board of Ethics - Robert Maisonet - Bobby Ray Salas City Clerk Bigelow administered the oaths of office, and Councilmember Gonzalez presented the certificates of appointment. 4.2 Presentation of a Certificate of Recognition to Castle Park High School Coach Victor Vargas and the CIF Division 5 Champion Boys Soccer Team Mayor McCann read the certificate of recognition, and he and the City Councilmembers presented it to Coach Victor Vargas and the CIF Division 5 Champion Boys Soccer Team. 5. CONSENT CALENDAR (Items 5.1 through 5.5) Alan C. spoke regarding items 5.1 through 5.4. John Acosta, Chula Vista resident, spoke regarding Items 5.1 and 5.2. Page 34 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-26 Regular City Council Meeting Minutes Page 2 Item 5.5 was removed from the consent calendar at the request of Deputy Mayor Gonzalez. Acting City Attorney Maland announced that a revised resolution for Item 5.2 had been distributed and that action on the item would be on the revised document. Moved by Mayor McCann Seconded by Councilmember Preciado To approve the recommended actions appearing below consent calendar Items 5.1 through 5.4. The headings were read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) 5.1 Waive Reading of Text of Resolutions and Ordinances Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 Employee Benefits: Approve a Consultant Services Agreement with Marsh & McClennan Agency, LLC. to Provide Employee Benefits Insurance Broker Services Adopt a resolution approving the consultant services agreement with Marsh & McClennan Agency, LLC. Item 5.2 heading: RESOLUTION NO. 2024-048 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONSULTANT SERVICES AGREEMENT TO PROVIDE EMPLOYEE BENEFITS INSURANCE BROKER SERVICES BETWEEN THE CITY AND MARSH & MCLENNAN AGENCY, LLC. 5.3 Agreement and Appropriation: Approve a Third Amendment to the Legal Services Agreement with Gatzke, Dillon & Ballance, LLP to Provide On-Call Legal Services for the Development Services Department and Appropriate Funds for that Purpose Adopt a resolution approving the third amendment to the Legal Services Agreement with Gatzke, Dillon & Balance, LLP for on-call legal services to assist the Development Services Department for an additional $250,000 and amending the fiscal year 2023-24 Development Services Fund budget for that purpose. (4/5 Vote Required) Item 5.3 heading: RESOLUTION NO. 2024-049 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO THE LEGAL SERVICES AGREEMENT FOR ON-CALL LEGAL SERVICES TO ASSIST THE DEVELOPMENT SERVICES DEPARTMENT BETWEEN THE CITY AND GATZKE Page 35 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-26 Regular City Council Meeting Minutes Page 3 DILLON & BALLANCE LLP, AMENDING THE FISCAL YEAR 2023-24 BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 5.4 Agreement: Authorize the Use of a Cooperative Agreement Between Sourcewell and Mansfield Oil Company of Gainesville, Inc. for the Purchase of Motor Vehicle Fuel, and Approve Entering Into an Agreement with Mansfield Adopt a resolution approving the City’s use of the cooperative purchasing agreement between Sourcewell and Mansfield Oil Company of Gainesville, Inc. (Mansfield) for the purchase of motor vehicle fuel, on an as-needed basis, with a term starting on April 24, 2024 and ending on or before February 10, 2028, in a maximum amount of $7 million; and authorizing the City Manager to negotiate, execute, and finalize an agreement with Mansfield. Item 5.4 heading: RESOLUTION NO. 2024-050 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE USE OF THE COOPERATIVE CONTRACT BETWEEN SOURCEWELL AND MANSFIELD OIL COMPANY OF GAINESVILLE, INC. FOR THE PURCHASE OF MOTOR VEHICLE FUEL, AND APPROVING ENTERING INTO AN AGREEMENT WITH MANSFIELD ITEMS REMOVED FROM THE CONSENT CALENDAR 5.5 University-Innovation District: Appropriate Funds for Development of a University-Innovation District Phase One Feasibility Study City Manager Kachadoorian gave an overview of the item and responded to questions from the City Council. The following members of the public spoke regarding the item:  Alan C.  John Acosta, Chula Vista resident Moved by Councilmember Preciado Seconded by Councilmember Chavez To adopt Resolution No. 2024-051, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) Item 5.5 heading: RESOLUTION NO. 2024-051 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING FUNDS FOR DEVELOPMENT OF A UNIVERSITY- INNOVATION DISTRICT PHASE ONE FEASIBILITY STUDY (4/5 VOTE REQUIRED) Page 36 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-26 Regular City Council Meeting Minutes Page 4 6. PUBLIC COMMENTS Alan C. spoke regarding various topics. Joseph Raso, Chula Vista resident, spoke in opposition to the Tenant Protection Ordinance. John Acosta, Chula Vista resident, spoke regarding cannabis permitting and various other topics. Carol Leromnimon, representing LAFCO, spoke regarding a recent decision to add the Port of San Diego to the LAFCO registry as an independent Special District. John Fischer, Chula Vista resident, thanked staff for their efforts related to securing funding for fencing along Industrial Blvd. The following members of the public spoke regarding the condition of soccer fields at City parks:  Hector Diaz  Benito Delgado  Ryan Marquez  Vince Ortiz Sharmane Estolanno, Chula Vista resident, expressed interest in the District 4 vacancy. Robert Johnson submitted written comments. The meeting was recessed at 5:58 p.m. and resumed at 6:04 p.m. 7. ACTION ITEMS 7.1 Ratification of Temporary Appointment: City Manager’s Appointment of the Interim Director of Parks and Recreation - CalPERS Retiree Lisa Rudloff Deputy City Manager Chase spoke regarding the item. John Acosta, Chula Vista resident, spoke in opposition to the item. Robert Johnson submitted written comments in opposition to the item. Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To adopt Resolution No. 2024-052, the heading was read, text waived. The motion was carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Result, Carried (4 to 0) Item 7.1 heading: RESOLUTION NO. 2024-052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE NECESSITY OF TEMPORARILY APPOINTING CALPERS RETIREE LISA RUDLOFF, PURSUANT TO GOVERNMENT CODE SECTIONS 7522.56 AND 21221(h) Page 37 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-26 Regular City Council Meeting Minutes Page 5 8. PUBLIC COMMENTS (CONTINUED) There were none. 9. CITY MANAGER’S REPORTS There were none. 10. MAYOR’S REPORTS Mayor McCann reported on attendance at recent events and made community announcements. 11. COUNCILMEMBERS’ COMMENTS Councilmembers reported on attendance at recent events and made community announcements. At the request of Deputy Mayor Gonzalez, there was a consensus of the City Council to direct City Clerk staff to review the process for requesting to speak and its impact on the order of speakers. At the request of Councilmember Chavez, there was a consensus of the City Council t o add a discussion regarding AB 2783 relating to transparency and accountability in Port governance to the next regularly scheduled City Council meeting. Councilmember Chavez gave a SANDAG report concerning the toll road. 12. CITY CLERK'S REPORTS 12.1 City Council Vacancy: Determine a Date and Time to Conduct the Interviews of Applicants for Potential Appointment to the Vacant District 4 Council Seat, and Take Possible Action Regarding Interview Procedures City Clerk Bigelow gave a presentation. Alan C. spoke in support of the D4 appointee representing the needs of the District 4 community. John Acosta, Chula Vista resident, spoke in opposition to applicant Nicolas Segura Jr. The following members of the public spoke in support of the District 4 seat remaining vacant and, if appointed, that the individual represent the needs of the D4 community:  Delia Dominguez Cervantes, Chula Vista resident  Cheryl P., Chula Vista resident There was a consensus of the City Council to hold a special City Council meeting on April 4, 2024, at 4 p.m. to interview all eight qualified candidates and determine the interview questions; to set the interview time at 10 minutes to include a three- minute introduction, one question from each City Councilmember and a one-minute closing; and to approve the appointment procedure as follows: Each City Councilmember would have an opportunity to make a motion and request a second in the pre-determined seniority order of Mayor McCann, Deputy Mayor Gonzalez, Councilmember Chavez, and Councilmember Preciado. The four initial Page 38 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-03-26 Regular City Council Meeting Minutes Page 6 nominations would be held without action until each City Councilmember had the opportunity to nominate one finalist. Following the initial four nominations, the City Council would vote upon nominations. The process would be repeated if necessary, and the first affirmative vote of three Councilmembers would result in an appointment being made. 13. CITY ATTORNEY'S REPORTS There were none. 14. CLOSED SESSION Pursuant to Resolution No. 13706 and City Council Policy No. 346-03, the City Attorney maintains official minutes and records of action taken during closed session. Acting City Attorney Maland announced that the City Council would convene in closed session to discuss the items listed below. Mayor McCann recessed the meeting at 6:54 p.m. The City Council convened in closed session at 7:04 p.m., with all members present. 14.1 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Alan C. spoke in opposition to closed-session discussions. Agency designated representatives: Maria Kachadoorian, Jill Maland, Courtney Chase, and Tanya Tomlinson Employee organization: EXEC and SM Action: No Reportable Action 14.2 Conference with Legal Counsel Regarding Existing Litigation Pursuant to Government Code Section 54956.9 (d)(1) Name of case: Estate of Oral Nunis, Sr., et al v. City of Chula Vista, et al., United States District Court, Case No. 21-cv-1627-AJB-DEB. Action: Item not discussed. 15. ADJOURNMENT The meeting was adjourned at 7:39 p.m. Minutes prepared by: Tyshar Turner, Deputy Director, City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 39 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Special City Council Meeting MINUTES April 4, 2024, 4:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney, City Clerk Bigelow, Deputy Director of City Clerk Services Turner Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 4:14 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Preciado. 4. ACTION ITEMS 4.1 District 4 City Councilmember Vacancy: Determine Interview Questions, Interview Finalists, Make the Appointment to Fill the Vacancy for the Remaining Term, and Administer the Oath of Office to the Newly Appointed Councilmember Mayor McCann explained the appointment process. Acting City Attorney Maland spoke regarding the preliminary analysis of the economic interest disclosures. Michael Hamanaka spoke regarding corruption. John Acosta, Chula Vista resident, spoke regarding conflicts of interest. Rudy Ramirez, Chula Vista resident, spoke regarding appointments to City Council. The following members of the public spoke in support of Rachel Morineau:  Alma Rincon Gallardo Page 40 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-04-18 Special City Council Meeting Minutes Page 2  Gaby Hampton  Salvador Garcia  Lilian Villarreal  Marisela Moreira  Beatriz Zamora, Chula Vista resident  David Olivera  Gabriela Hernandez  Isaiah Morineau  Reverend Hung Nguyen  Emilia Cuellar  Michelle Rodriguez  Jose Mireles Guillermina Valenzuela spoke regarding various topics related to District 4. The following members of the public spoke in support of Nicholas Segura Jr.:  Cori Schumacher  Cristina Marquez  Beau Coleman  Anthony Dang, representing the Climate Action Campaign  Michelle Krug  Nate Fairman  Leticia Segura  Sandy Keaton  Nicholas Segura III  Victor Avina  Matthew Leyba-Gonzalez, representing San Diego Building Trades  AJ Estrada Tanya Castaneda spoke in support of an appointment being made and spoke in support of Rachel Morineau and Nicholas Segura Jr. Ken Muraoka spoke in support of Sharmane Estolano. Harold DeMoss spoke regarding various issues. The following members of the public submitted written communications in support of Nicholas Segura Jr.:  David Johnson  Johnny Swanson Sara Ochoa spoke in support of Rachel Morineau and Nicholas Segura Jr. Joanne Fischer spoke in support of Christine Brady. Al Sanchez spoke in opposition to Nicholas Segura Jr. The meeting was recessed at 6:05 p.m. and resumed at 6:23 p.m. The City Council discussed and determined the questions that would be asked of each candidate. Page 41 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-04-18 Special City Council Meeting Minutes Page 3 The City Council conducted interviews with the eight finalists: Guadalupe Ruiz, Daniel Zavala-Soto, Christine Brady, Sharmane Estolano, Nicholas Segura Jr., John Volland, Rachel Morineau, and Megan Moore. The meeting was recessed at 8:13 p.m. and resumed at 8:24 p.m. Michael Hamanaka spoke regarding various issues. The following members of the public spoke in opposition to Nicholas Segura Jr.  Cindy D., and she spoke in support of Sharmane Estolano  Anna R., and she spoke in support of Sharmane Estolano  John Acosta, Chula Vista resident  Diana MJC The following members of the public spoke in support of Nicholas Segura Jr.  Cori Schumacher  Cristina Marquez  A.J. Estrada  Michelle Krug  Ricardo Sanchez Delia Dominguez Cervantes spoke regarding conflicts of interest. Cheryl spoke in support of Sharmane Estolano. The following members of the public spoke in support of Rachel Morineau:  Joseph Wesley  Barbara Lugo Estela Stachoritz spoke in support of Sharmane Estolano or someone involved in the community. Guillermina Valenzuela spoke regarding various topics related to District 4. Roberto Ruiz spoke in support of Guadalupe Ruiz. The following members of the public submitted written communications regarding the item:  Jessica Sanders  Theresa Acerro City Councilmembers each had an opportunity to make a motion and request a second in the pre-determined seniority order of Mayor McCann, Deputy Mayor Gonzalez, Councilmember Chavez, and Councilmember Preciado. The four initial nominations were held without action until each City Councilmember had the opportunity to nominate one finalist. Following the initial four nominations, the City Council voted upon the nominations as follows: Moved by Mayor McCann Seconded by Councilmember Chavez Page 42 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-04-18 Special City Council Meeting Minutes Page 4 To appoint Rachel Morineau to the office of District 4 City Councilmember for the term expiring December 2024. The motion carried by the following vote: Yes (4): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Preciado, and Mayor McCann Carried (4 to 0) 5. ADJOURNMENT The meeting was adjourned at 9:23 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 43 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Special City Council Meeting MINUTES April 9, 2024, 4:00 p.m. Council Chambers, 276 Fourth Avenue, Chula Vista, CA Present: Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, Mayor McCann Also Present: City Manager Kachadoorian, Jill Maland representing Lounsbery Ferguson Altona & Peak LLP, Interim Acting City Attorney; City Attorney Verdugo; City Clerk Bigelow; Deputy Director of City Clerk Services Turner, Minutes are prepared and ordered to correspond to the agenda. _____________________________________________________________________ 1. CALL TO ORDER The meeting was called to order at 4:04 p.m. 2. ROLL CALL City Clerk Bigelow called the roll. 3. PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Led by Councilmember Morineau. 4. SPECIAL ORDERS OF THE DAY 4.1 Presentation of a Proclamation in Recognition of Outgoing Acting City Attorney Jill Maland in Honor of Her Service to the City of Chula Vista Mayor McCann read the proclamation and the City Council presented it to Ms. Maland. 5. CONSENT CALENDAR (Items 5.1 through 5.2) Moved by Mayor McCann Seconded by Deputy Mayor Gonzalez To approve the recommended actions appearing below consent calendar Items 5.1 and 5.2. The headings were read, text waived. The motion was carried by the following vote: Yes (5): Councilmember Chavez, Deputy Mayor Gonzalez, Councilmember Morineau, Councilmember Preciado, and Mayor McCann Carried (5 to 0) Page 44 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-04-09 Special City Council Meeting Minutes Page 2 5.1 Waive Reading of Text of Resolutions and Ordinances Robert Johnson submitted written comments. Approval of a motion to read only the title and waive the reading of the text of all resolutions and ordinances at this meeting. 5.2 City Election: Recite the Fact of the March 5, 2024 Election for Districts 3 and 4 Councilmembers and Runoff Election for City Attorney, Declare Results, Call a General Municipal Election on November 5, 2024, and Adopt Candidate Statement Regulations Adopt resolutions A) Reciting the fact of the primary and special runoff municipal election held on March 5, 2024, declaring the results thereof, and other related matters; B) Calling a general municipal election to be held on Tuesday, November 5, 2024, to conduct a runoff election to elect two City Councilmembers, representing Districts 3 and 4, consolidating the election with the statewide election, and requesting the County of San Diego Board of Supervisors to permit the Registrar of Voters to perform certain services for the conduct of the election; and C) Adopting regulations for candidate statements of qualifications. Item 5.2 Headings: A) RESOLUTION NO. 2024-053 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RECITING THE FACT OF THE PRIMARY MUNICIPAL ELECTION FOR TWO CITY COUNCILMEMBERS, REPRESENTING DISTRICTS 3 AND 4 AND THE SPECIAL RUNOFF ELECTION FOR A CITY ATTORNEY HELD IN THIS CITY ON TUESDAY, MARCH 5, 2024, DECLARING THE RESULTS THEREOF, AND OTHER MATTERS AS ARE PROVIDED BY LAW B) RESOLUTION NO. 2024-054 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CALLING A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2024, FOR THE PURPOSE OF CONDUCTING A RUNOFF ELECTION TO ELECT TWO CITY COUNCILMEMBERS, REPRESENTING DISTRICTS 3 AND 4; CONSOLI DATING THE ELECTION WITH THE STATEWIDE ELECTION; AND REQUESTING THE COUNTY OF SAN DIEGO BOARD OF SUPERVISORS TO PERMIT THE REGISTRAR OF VOTERS TO PERFORM CERTAIN SERVICES FOR THE CONDUCT OF THE ELECTION C) RESOLUTION NO. 2024-055 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO MATERIALS SUBMITTED TO THE ELECTORATE AT THE MUNICIPAL ELECTION TO BE HELD TUESDAY, NOVEMBER 5, 2024 6. OATHS OF OFFICE OF NEWLY ELECTED AND APPOINTED OFFICIALS 6.1 Oath of Office - City Attorney-Elect Marco Verdugo Mayor McCann introduced the newly elected City Attorney, Marco Verdugo. Robert Johnson submitted written comments. Guadalupe Verdugo administered the ceremonial Oath of Office to City Attorney Verdugo. Page 45 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2024-04-09 Special City Council Meeting Minutes Page 3 City Attorney Verdugo thanked his supporters and spoke regarding his upcoming term. 6.2 Oath of Office - Newly Appointed District 4 Councilmember Mayor McCann introduced the newly appointed Councilmember Rachel Morineau. Robert Johnson submitted written comments. Martin Morineau administered the ceremonial Oath of Office to Councilmember Rachel Morineau. Councilmember Rachel Morineau thanked her supporters and spoke regarding her upcoming term. 7. ADJOURNMENT The meeting was adjourned at 4:29 p.m. Minutes prepared by: Tyshar Turner, Deputy Director of City Clerk Services _________________________ Kerry K. Bigelow, MMC, City Clerk Page 46 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 03 P a g e | 1 April 23, 2024 ITEM TITLE Otay Ranch Freeway Commercial Sectional Planning Area: Amend the Plan’s Planned Community District Regulations to Streamline Modifications to Approved Permits and Allow Medical Offices within the Commercial Mixed-Use Zone Location: Generally, north of Birch Road, east of State Route 125 (“SR-125”), south of Olympic Parkway, and west of Eastlake Parkway Department: Development Services G.C. § 84308: Yes Environmental Notice: The Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan (FEIR02-04; SCH #1989010154; certified by City Council Resolution No. 2003-131 on April 1, 2003). Recommended Action Adopt an ordinance approving amendments to the Planned Community District Regulations contained within the Otay Ranch Freeway Commercial SPA Plan. (Second Reading and Adoption) Summary This ordinance was placed on first reading on April 9, 2024. The original staff report can be accessed at the following link: https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=40236 Please note, the original staff report may include information beyond the scope of the ordinance proposed for adoption with this action. For questions, please contact the staff indicated in the original staff report or cityclerk@chulavistaca.gov. Page 47 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, the area of land that is the subject of this Ordinance is represented in Exhibit 1, attached hereto and incorporated herein by this reference, and for the purpose of general description is bounded on the north of Birch Road, east of State Route 125 (“SR-125”), south of Olympic Parkway, and west of Eastlake Parkway (“Project Site”); and WHEREAS, on September 18, 2023, a duly verified application was filed with the City of Chula Vista by PA-12A, LLC (“Applicant”) requesting approval of amendments to the land use regulations for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan to add medical offices as a permitted use within the C/MU (Commercial Mixed-Use) zone and authorize the Zoning Administrator to approve certain modifications to previously approved Design Review permits (“Project”) (Exhibit 2); and WHEREAS, the Project is intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (“GDP”) to implement the City of Chula Vista General Plan for Eastern Chula Vista, to promote the orderly planning and long-term phased development of the Otay Ranch GDP, and to establish conditions that will enable the Otay Ranch Freeway Commercial SPA to exist in harmony within the community; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Therefore, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission, 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 ten (10) days prior to the hearing; and WHEREAS, the hearing was held at 6pm on February 28, 2024, as advertised in the Council Chambers, 276 Fourth Avenue, and the Planning Commission voted 7-0-0 to recommend to the City Council approval of the Project; and Page 48 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance No. Page No. 2 WHEREAS, the City Clerk set the time and place for a hearing before the City Council 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 ten (10) days prior to the hearing; and WHEREAS, a duly noticed public hearing was held before the City Council of the City of Chula Vista to approve the Project. NOW, THEREFORE, THE CITY COUNCIL of the City of Chula Vista does hereby order and ordain as follows: I. PLANNING COMMISSION RECORD The proceedings and all evidence introduced before the Planning Commission at its February 28, 2024, public hearing and the Minutes and Resolution resulting therefrom are hereby incorporated into the record of this proceeding. These documents, along with any documents submitted to the decision-makers, shall comprise the entire record of the proceedings. II. COMPLIANCE WITH CEQA The City Council hereby finds, based upon their independent review and judgement, that the adoption of the Ordinance approving amendments to the Planned Community District Regulations for the Project, are consistent with those land uses analyzed and described in FEIR 02-04 and would have no new effects that were not examined in said FEIR. III. ACTION The City Council hereby adopts an Ordinance approving the Otay Ranch Freeway Commercial Planned Community District Regulations on file at the office of the City Clerk, finding that they are consistent with the City of Chula Vista General Plan, the Otay Ranch GDP , and all other applicable plans and that the public necessity, convenience, general welfare, and good planning and zoning practice support their approval and implementation. IV. 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. Page 49 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance No. Page No. 3 V. 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. VI. EFFECTIVE DATE This Ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. VII. 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 Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Exhibits: 1. Otay Ranch Freeway Commercial Location Map 2. Otay Ranch Freeway Commercial Planned Community District Regulations Page 50 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 3 RESOLUTION NO. 2024-03 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA RECOMMENDING APPROVAL OF AMENDMENTS TO THE OTAY RANCH FREEWAY COMMERCIAL PLANNED COMMUNITY DISTRICT REGULATIONS WHEREAS, on September 18, 2023, a duly verified application was filed with the City of Chula Vista by PA-12A, LLC (“Applicant”) requesting approval of amendments to the land use regulations for the Otay Ranch Freeway Commercial Sectional Planning Area (“SPA”) Plan to add medical offices as a permitted use within the C/MU (Commercial Mixed-use) zone and authorize the Zoning Administrator to approve certain modifications to previously approved Design Review permits (“Project”); and WHEREAS, the area of land that is the subject of this Resolution is generally bounded on the north of Birch Road, east of State Route 125 (SR-125), south of Olympic Parkway, and west of Eastlake Parkway (“Project Site”); and WHEREAS, the Project is intended to ensure that the Otay Ranch Freeway Commercial SPA Plan is prepared in accordance with the Otay Ranch General Development Plan (“GDP”) to implement the City of Chula Vista General Plan for Eastern Chula Vista, to promote the orderly planning and long-term phased development of the Otay Ranch GDP, and to establish conditions that will enable the Otay Ranch Freeway Commercial SPA to exist in harmony within the community; and WHEREAS, the Director of Development Services has reviewed the proposed Project for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA Plan (FEIR 02-04; SCH #1989010154; adopted by City Council Resolution No. 2003-131 on April 1, 2003). Therefore, no further environmental review is required; and WHEREAS, the Director of Development Services set the time and place for a hearing before the Planning Commission, 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 ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials and the Staff recommendation for approval of the Project, the hearing was held before the Planning Commission at 6:00 p.m. on Wednesday, February 28, 2024, in the Chula Vista City Council Chambers, 276 Fourth Avenue, and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Chula Vista that it hereby makes the following findings: DocuSign Envelope ID: 0CECE8D2-3F20-4E92-9C71-640DEF7EB583 Page 51 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PC Resolution No. 2024-03 Page 2 of 3 I. SECTIONAL PLANNING AREA FINDINGS The proposed Sectional Planning Area plan, as amended, is in conformity with the Otay Ranch General Development Plan, as amended, any adopted specific plans, and the Chula Vista General Plan, as amended, and its several elements. The addition of medical offices as a permitted use is consistent with other permitted commercial uses already specified within the Otay Ranch Freeway Commercial SPA Plan and is consistent with the intent of the General Plan Land Use Designations of Retail Commercial and Mixed Use Residential, as well as the Otay Ranch GDP designations of Freeway Commercial and Mixed Use. In addition, an administrative process to modify previously approved Design Review permits is consistent with the City’s relevant adopted plans established to streamline the development review process. Modifications shall comply with all applicable standards of the Otay Ranch Freeway Commercial SPA Plan. The proposed Sectional Planning Area plan, as amended, would promote the orderly, sequentialized development of the involved Sectional Planning Area. The addition of medical offices as a permitted use is consistent with other permitted commercial uses under the Otay Ranch Freeway Commercial SPA Plan, and establishing an administrative review process for most Design Review permit modifications will continue to promote the orderly, sequential development of the Otay Ranch Freeway Commercial SPA Plan. Any proposed modifications shall comply with all applicable standards of the SPA Plan. The proposed Sectional Planning Area plan, as amended, would not adversely affect adjacent land use, residential enjoyment, circulation, or environmental quality. The Project will not adversely affect the overall land uses as previously envisioned in the Otay Ranch GDP and Otay Ranch Freeway Commercial SPA Plan. Additionally, it has been determined that the Project is adequately covered in the previously adopted Final Environmental Impact Report for the Otay Ranch Freeway Commercial SPA. BE IT FURTHER RESOLVED that the Planning Commission of the City of Chula Vista, after hearing public testimony and the Staff presentation, and after reviewing all of the subject documents, hereby recommends that the City Council adopt the attached draft Ordinance approving the Project in accordance with the findings and subject to the conditions contained therein and that a copy of this Resolution and the draft Ordinance be transmitted to the City Council. II. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission 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 DocuSign Envelope ID: 0CECE8D2-3F20-4E92-9C71-640DEF7EB583 Page 52 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PC Resolution No. 2024-03 Page 3 of 3 the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 28th day of February 2024, by the following vote, to-wit; AYES: Burroughs, Combs, Felber, Leal, Torres, Zaker, De La Rosa NOES: ABSENT: ABSTAIN: Michael De La Rosa, Chair ATTEST: Mariluz Zepeda, Secretary DocuSign Envelope ID: 0CECE8D2-3F20-4E92-9C71-640DEF7EB583 Page 53 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPA23-0005 Page 54 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PC DISTRICT REGULATIONS Otay Ranch Freeway Commercial Sectional Planning Area (SPA) Adopted April 1, 2003 by Resolution No. 2003-132, Ordinance No. 2903 Amended September 21, 2004 by Resolution No. 2004-300, Ordinance No. 2977 Amended by Resolution No. 2016-187 on September 13, 2016 and Adopted by Ordinance No. 3376 on September 20, 2016 Amended by Resolution No. 2019-214 on June 18, 2019 and Adopted by Ordinance No. 2459 on July 23, 2019 Amended by Resolution No. 2024-XXXon [date] and Adopted by Ordinance No. XXX on [date] Project Sponsor: Baldwin & Sons 610 West Ash, Suite 1500 San Diego, CA 92101 Contact: Nick Lee (619) 234-4050 Prepared by: Cinti Land Planning PO 439030, PMB 101 San Diego, CA 92143 Contact: Gary P. Cinti (619) 223-7408 gary@cinti.com Page 55 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ii OTAY RANCH FREEWAY COMMERCIAL SPA PLANNED COMMUNITY DISTRICT REGULATIONS TABLE OF CONTENTS SECTION PAGE I. General Provisions .................................................................................................................... 1 A. Purpose & Scope ............................................................................................................... 1 B. Private Agreements ........................................................................................................... 1 C. Conflicting Ordinances ..................................................................................................... 1 D. Establishment of Land Use Districts ................................................................................. 1 1. Adoption of Land Use Districts Map ........................................................................ 2 2. Amendments to the Land Use Districts Map ............................................................ 2 E. Clarification of Ambiguity ................................................................................................ 2 F. Effect of Regulations ......................................................................................................... 3 G. Definitions of Terms ......................................................................................................... 3 II. Land Use Districts Map ............................................................................................................ 4 A. District Boundaries ............................................................................................................ 4 III. Freeway Commercial District .................................................................................................... 6 A. Purpose .............................................................................................................................. 6 B. Permitted & Conditional Uses ........................................................................................... 7 C. Accessory Uses & Buildings ........................................................................................... 11 D. Sign Regulations .............................................................................................................. 11 1. Sign Permit Exceptions ........................................................................................... 11 2. Prohibited Signs & Lighting ................................................................................... 14 3. Signs Permitted ....................................................................................................... 15 4. Signs Relating to Inoperative Activities ................................................................. 16 5. Enforcement, Legal Procedures & Penalties ........................................................... 17 6. Construction & Maintenance .................................................................................. 17 7. Design Standards..................................................................................................... 17 8. Landscaping ............................................................................................................ 18 9. Illumination & Motion ............................................................................................ 18 10. Sign Copy ............................................................................................................... 18 11. Relationship to Streets ............................................................................................ 18 12. Design Review & Approval .................................................................................... 18 E. Property Development Standards .................................................................................... 19 1. General Requirements ............................................................................................. 19 a) Standards for Commercial Use Districts (FC-1 and Hotel) .................................... 19 b) Standards for Residential and Mixed-Use District ................................................. 20 2. Additional Requirements ........................................................................................ 23 3. Special Requirements .............................................................................................. 23 Page 56 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda iii F. Parking & Loading Facilities ......................................................................................... 26 1. Size and Access Requirements ................................................................................ 26 2. Number of Spaces Required for Designated Land Use .......................................... 28 3. Loading Facilities .................................................................................................... 31 4. General Provisions .................................................................................................. 32 5. Parking Screening Requirements ............................................................................ 33 6. Parking Area Landscaping ...................................................................................... 33 7. Parking Area Lighting ............................................................................................. 33 G. Outdoor Storage & Sales Areas ...................................................................................... 33 H. Trash Storage & Recycling Facilities .............................................................................. 34 I. Wall Requirements ........................................................................................................... 35 J. Landscaping ..................................................................................................................... 35 K. Performance Standards .................................................................................................... 35 L. Park and Ride Facilities................................................................................................... 37 IV. Special Uses & Conditions ..................................................................................................... 38 A. Purpose ............................................................................................................................ 38 B. Temporary Uses & Special Events ................................................................................. 38 1. Purpose .................................................................................................................... 38 2. Temporary Uses Listed ........................................................................................... 38 3. Permits & Bonds .................................................................................................... 39 4. Extension or Modification of Limits ...................................................................... 39 5. Condition of Site Following Temporary Use .......................................................... 39 6. Fee ........................................................................................................................... 39 C. Recreational Facilities ..................................................................................................... 39 V. Legislative Procedures ............................................................................................................ 43 A. Purpose ............................................................................................................................ 43 B. Adoption of Planned Community District Regulations .................................................. 43 C. Amendments .................................................................................................................... 43 VI. Administrative Procedures, Conditional Uses & Variances .................................................... 44 A. Purpose & Intent.............................................................................................................. 44 B. Zoning Administrator - Authority ................................................................................... 44 C. PLANNING COMMISSION ......................................................................................... 48 D. Planning Commission - Appeals Procedure .................................................................... 49 E. Site Plan & Architectural Approval ................................................................................ 49 F. Site Plan & Architectural - Appeals ................................................................................ 51 G. Conditional Use Permit ................................................................................................... 52 H. Conditional Use Permit - Appeals................................................................................... 53 I. Variance ........................................................................................................................... 53 J. Variance - Appeals .......................................................................................................... 54 VII. Exceptions & Modifications .................................................................................................... 56 A. Height Limitation Exceptions ......................................................................................... 56 Page 57 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda iv B. Projections into Required Yard Permitted ...................................................................... 56 VIII. ENFORCEMENT .................................................................................................................. 57 A. Enforcement by City Officials ........................................................................................ 57 B. Actions Deemed Nuisance............................................................................................... 57 C. Remedies ......................................................................................................................... 57 D. Penalties ........................................................................................................................... 57 I. General Provisions ................................................................................................................... 1 A. Purpose & Scope ............................................................................................................... 1 B. Private Agreements............................................................................................................ 1 C. Conflicting Ordinances ..................................................................................................... 1 D. Establishment of Land Use Districts .............................................................................. 2 1. Adoption of Land Use Districts Map ........................................................................ 2 2. Amendments to the Land Use Districts Map............................................................ 2 E. Clarification of Ambiguity ................................................................................................ 2 F. Effect of Regulations ......................................................................................................... 3 G. Definitions of Terms ......................................................................................................... 3 II. Land Use Districts Map ............................................................................................................. 4 A. District Boundaries ............................................................................................................ 4 III. Freeway Commercial District ................................................................................................... 6 A. Purpose .............................................................................................................................. 6 B. Permitted & Conditional Uses .......................................................................................... 7 C. Accessory Uses & Buildings ........................................................................................... 11 D. Sign Regulations .............................................................................................................. 11 1. Sign Permit Exceptions ........................................................................................... 11 2. Prohibited Signs & Lighting ................................................................................... 14 3. Signs Permitted ....................................................................................................... 15 4. Signs Relating to Inoperative Activities ................................................................. 17 5. Enforcement, Legal Procedures & Penalties ........................................................... 17 6. Construction & Maintenance .................................................................................. 17 7. Design Standards..................................................................................................... 17 8. Landscaping ............................................................................................................ 18 9. Illumination & Motion ........................................................................................... 18 10. Sign Copy ............................................................................................................... 18 11. Relationship to Streets ............................................................................................ 19 12. Design Review & Approval .................................................................................... 19 E. Property Development Standards .................................................................................... 19 1. General Requirements ............................................................................................. 19 a) Standards for Commercial Use Districts (FC-1 and Hotel) .................................... 19 b) Standards for Residential and Mixed-Use District ................................................. 20 2. Additional Requirements ........................................................................................ 23 3. Special Requirements .............................................................................................. 23 Page 58 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v F. Parking & Loading Facilities ......................................................................................... 26 1. Size and Access Requirements ................................................................................ 26 2. Number of Spaces Required for Designated Land Use .......................................... 28 3. Loading Facilities .................................................................................................... 31 4. General Provisions .................................................................................................. 32 5. Parking Screening Requirements ............................................................................ 33 6. Parking Area Landscaping ...................................................................................... 33 7. Parking Area Lighting............................................................................................. 33 G. Outdoor Storage & Sales Areas ...................................................................................... 34 H. Trash Storage & Recycling Facilities .............................................................................. 34 I. Wall Requirements ........................................................................................................... 35 J. Landscaping ..................................................................................................................... 35 K. Performance Standards.................................................................................................... 35 L. Park and Ride Facilities................................................................................................... 37 IV. Special Uses & Conditions ...................................................................................................... 38 A. Purpose ............................................................................................................................ 38 B. Temporary Uses & Special Events ................................................................................. 38 1. Purpose .................................................................................................................... 38 2. Temporary Uses Listed ........................................................................................... 38 3. Permits & Bonds .................................................................................................... 39 4. Extension or Modification of Limits ...................................................................... 39 5. Condition of Site Following Temporary Use ......................................................... 39 6. Fee ........................................................................................................................... 39 C. Recreational Facilities ..................................................................................................... 39 V. Legislative Procedures ............................................................................................................. 43 A. Purpose ............................................................................................................................ 43 B. Adoption of Planned Community District Regulations................................................... 43 C. Amendments .................................................................................................................... 43 VI. Administrative Procedures, Conditional Uses & Variances .................................................... 44 A. Purpose & Intent.............................................................................................................. 44 B. Zoning Administrator - Authority ................................................................................... 44 C. Planning Commission ..................................................................................................... 48 D. Planning Commission - Appeals Procedure .................................................................... 48 E. Site Plan & Architectural Approval ................................................................................ 49 F. Site Plan & Architectural - Appeals ................................................................................ 51 G. Conditional Use Permit ................................................................................................... 52 H. Conditional Use Permit - Appeals................................................................................... 52 I. Variance ........................................................................................................................... 53 J. Variance - Appeals .......................................................................................................... 54 VII. Exceptions & Modifications .................................................................................................... 55 A. Height Limitation Exceptions ......................................................................................... 55 B. Projections into Required Yard Permitted ....................................................................... 55 VIII. ENFORCEMENT .................................................................................................................... 56 A. Enforcement by City Officials ........................................................................................ 56 B. Actions Deemed Nuisance............................................................................................... 56 C. Remedies ......................................................................................................................... 56 Page 59 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda vi D. Penalties ......................................................................................................................... 56 LIST OF EXHIBITS EXHIBIT PAGE Exhibit PC-1 ..................................................................................................................................... 5 Exhibit PC-2 .................................................................................................................................... 25 LIST OF TABLES TABLE PAGE Table A. Commercial Property Development Standards ................................................................ 20 Table B. Residential and Mixed-Use Development Standards ...................................................... 21 Table C. Parking Requirements ....................................................................................................... 29 Table D. Required Handicapped Parking ........................................................................................ 30 Page 60 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda GENERAL PROVISIONS 1 OTAY RANCH FREEWAY COMMERCIAL SPA PLANNED COMMUNITY DISTRICT REGULATIONS I. General Provisions A. PURPOSE & SCOPE For the purpose of promoting and protecting the public health, safety and welfare of the people of the city of Chula Vista, to safeguard and enhance the appearance and quality of development in the Freeway Commercial Sectional Planning Area (SPA) of the Otay Ranch General Development Plan (GDP) area, and to provide the social, physical and economic advantages resulting from comprehensive and orderly planned use of land resources, these Planned Community (PC) District Regulations defining land use districts and regulations within those districts are hereby established and adopted pursuant to Title 19 (Zoning Ordinance) of the Chula Vista Municipal Code (CVMC), specifically Chapter 19.48 P -C Planned Community Zone. The Freeway Commercial Planned Community District Regulations are intended to: • Ensure that the SPA Plan is prepared and implemented in accordance with the provisions of the Otay Ranch GDP. • Implement the Chula Vista General Plan for the Eastern Territories. • Promote the orderly planning and long-term phased development of the Freeway Commercial portion of the Otay Ranch GDP area. • Establish conditions which will enable the Freeway Commercial SPA to exist in harmony within the larger community. B. PRIVATE AGREEMENTS The provisions of this ordinance these regulations are not intended to abrogate any easements, covenants, or other existing agreements which are more restrictive than the provisions contained within this ordinance these regulations. C. CONFLICTING ORDINANCES Whenever the provisions of these regulations this ordinance impose more, or less, restrictive regulations upon construction or use of buildings and structures, or the use of lands/premises than are imposed or required by other ordinances/plans previously adopted, the provisions of these regulations this ordinance or regulations promulgated hereunder shall apply. D. ESTABLISHMENT OF LAND USE DISTRICTS Page 61 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda GENERAL PROVISIONS 2 In order to classify, regulate, restrict and separate the use of land, buildings and structures, and to regulate and limit the type, height and bulk of buildings and structures in the various districts, and to establish the setback areas and other open space areas abutting and between buildings and structures, and to regulate the density of population, the Freeway Commercial SPA is hereby divided into the following Land Use Districts: FREEWAY COMMERCIAL SPA LAND USE DISTRICTS DEFINITIONS SYMBOL DEFINITION FC-1 Freeway Commercial: District which permits regional uses which require an automobile orientation near regional transportation systems, including, but not limited to thoroughfare commercial, visitor commercial, and regionally oriented retail and service commercial uses. FC-1 additionally permits major (>500,000 square feet) regional retail facilities. FC-2 Freeway Commercial North (FC-2) is divided into three sub-categories. H is primarily intended to contain hotels. RM is primarily intended for multi-family residential in an urban character with a urban park provided at the core of the planning area. C/MU and R/MU are primarily intended to contain mixed-use multi-family residential and commercial. 1. Adoption of Land Use Districts Map Land Use Districts and boundaries are established and adopted as shown, delineated and designated on the Freeway Commercial SPA Land Use Districts Map (see Exhibit PC-1) of the city of Chula Vista and San Diego County. This map, together with all notations, references, data, district boundaries and other information thereon, is made a part of these Freeway Commercial SPA Planned Community District Regulations and adopted concurrently here with. 2. Amendments to the Land Use Districts Map Changes to the boundaries of the land use districts shall be made by Ordinance and shall be reflected on the Freeway Commercial SPA Official Land Use Districts Map, as provided in Section VI.C herein. Minor changes resulting on the basis of an approval of a tentative or final map may be made to the Land Use Districts Map as an administrative matter. E. CLARIFICATION OF AMBIGUITY If ambiguity arises concerning the proper classification of a particular land use within the meaning and intent of these regulationsthis Ordinance, or if ambiguity exists with respect to height, setback requirements, area requirements or land use district boundaries as set forth herein, it shall be the duty of the Zoning Administrator to ascertain all pertinent facts concerning such ambiguity and forward said findings and recommendations to the Planning Commission, or on appeal, to the City Council. If approved by the Commission, or on appeal, by the City Council, the established interpretation shall govern thereafter. Page 62 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda GENERAL PROVISIONS 3 Should any provision of these regulations conflict with the regulations of the Municipal Code, the requirements herein shall apply. F. EFFECT OF REGULATIONS The provisions of these regulations this Ordinance governing the use of land, buildings, structures, the size of setbacks abutting buildings and structures, the height and bulk of buildings, standards of performance, and other provisions are hereby declared to be in effect upon all land included within the boundaries of each and every land use district established by these regulationsthis Ordinance. G. DEFINITIONS OF TERMS For the purposes of these regulationsthis ordinance, certain words, phrases and terms used herein shall have the meaning, assigned to them by Title 19 of the City of Chula Vista Municipal Code. When consistent with the context, words used in the present tense include the future; words in the singular number include the plural; and those in the plural number include the singular. The word "shall" is mandatory; the word "may" is permissive. Any aspect of land use regulation within the Freeway Commercial SPA not covered by these district regulations or subsequent plan approvals, shall be regulated by the applicable chapter of the CVMC. The following specific definitions are provided for the Freeway Commercial SPA: 1. Floor Area Ratio (FAR): The total Floor Area of FC-1, divided by the total site area in FC-1, excluding the enhancement buffer. 2. Major Regional Retail Facility: A retail complex serving the broader regional and consisting of at least 500,000 square feet of retail facilities. 3. Floor Area for Major Regional Retail Facility: The total floor area of buildings, including customer sales, service and storage areas, excluding: covered or screened delivery areas; transit shelters; kiosks; cart sales areas; building walls and architectural projections; mechanical rooms; covered or screened refuge disposal areas; covered patios; maintenance rooms; fire corridors; an d, sign structures. 4. Enhancement Buffer (measurement): An area seventy-five feet from the curb line of EastLake Parkway and Birch Road, excluding therefrom: entry streets and drives; acceleration and deceleration lanes; and, the right-of-way for SR-125. The buffer may be reduced to 30 feet along Olympic Parkway. Page 63 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda LAND USE DISTRICTS MAP 4 II. Land Use Districts Map This chapter consists of the Land Use Districts (Zoning) Map for Freeway Commercial SPA included in a reduced form as Exhibit PC-1. The original Freeway Commercial SPA Official Land Use Districts Map shall be kept on file with the City Clerk and shall constitute the original record. A copy of said map shall also be filed with the City Planning Department. A. DISTRICT BOUNDARIES The land use district boundaries shown on the map coincide with proposed streets, alleys, driveways, parking bays, or lot lines. Minor amendments to these boundaries resulting from the relocation of a boundary street, alley or lot line by the approval of a tentative or final subdivision map shall be incorporated in the Land Use Districts Map as an administrative matter. Page 64 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda LAND USE DISTRICTS MAP 5 EXHIBIT PC-1 Page 65 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 6 III. Freeway Commercial District A. PURPOSE The Freeway Commercial SPA is designated with Freeway Commercial and Residential Land Uses in the Otay Ranch GDP. Freeway Commercial is intended to serve as the site for regional automobile-oriented commercial uses, complementing the Eastern Urban Center, adjacent to the south, which is to serve as a more pedestrian-oriented, mixed-use focal pointfor the Otay Ranch community. The SPA’s location adjacent to the SR-125 freeway and surrounded by arterial roads, while also served by the SANDAG transit line, allows it to provide a unique mix of regionally oriented commercial uses. Two commercial land use districts, Freeway Commercial (FC-1 & FC-2), are designated to accommodate these uses. A portion of FC-2 has been designated as RM and R/MU, which permits residential uses to provide walkable, transit-oriented housing opportunities. The Freeway Commercial District is included in these Planned Community District Regulations to achieve the following: • To provide an area for retail stores and service establishments offering commodities and services required by residents onsite and within surrounding communities and the South County region. • To provide an integrated mixture of walkable transit -served commercial and residential uses. • To provide appropriate development standards for retail commercial, residential, and support facilities; • To encourage retail and service commercial uses, and related support uses, to concentrate for the convenience of the public and for a more mutually beneficial relationship to each other. • To provide adequate space to meet the needs of modern commercial activity, including off- street parking and loading areas. • To minimize traffic congestion and avoid overloading utilities by restricting construction of buildings of excessive size in relation to the amount of land around them. • To promote high standards of site planning, architectural and landscape design for developments which have a mix of commercial and residential uses within the city of Chula Vista. Page 66 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 7 B. PERMITTED & CONDITIONAL USES The following uses shall be permitted where the symbol “P” appears and shall be permitted subject to a Conditional Use Permit where the symbol “C” appears. Uses where the symbol “N” appears shall not be permitted. PERMITTED USE MATRIX – FREEWAY COMMERCIAL DISTRICT 1 P = permitted; C=Conditional use permit; N= not permitted 2 Medicaloffice use is limited to maximum 3,500 square feet of gross floor area. 3 Refer also to Section III-K-13, herein. LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Administrative and professional services: Business or professional office P P N N P Financial institution or office P P N N P Medical, dental & health services and offices (including laboratories) P N N N N P2 Real estate sales office P P P P P General commercial uses: Antique shop (no outdoor storage) P P N N P Apparel store P P N N P Appliance store, including repair (no outdoor storage) P N N N N Arcade and electronic games (subject to chapter 19.58 CVMC) 3 C P N N C Art, music or photographic studio or supply store P P N N P Athletic and health club P P N N P Automobile and/or truck services and car wash facilities (subject to chapter 19.58 CVMC) C N N N N Bakery, retail P P N N P Barber and beauty shop P P N N P Bicycle shop, non-motorized P P N N P Printing and photocopy services P P N N P Books, gifts and stationery store P P N N P Candy store or confectioner P P N N P Catering establishment P P N N N Cleaners P P N N P Cocktail lounge, bar or tavern, including related entertainment C C N N C Page 67 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 8 LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Commercial recreation facilities not otherwise listed (subject to chapter 19.58 CVMC) C C N N C Electronics store, including sales and repair P N N N P Equipment rental (enclosed in building) P N N N N Fast food restaurants with drive-in or drive-through (subject to Chapter 19.58 CVMC) P C N N N Fast food restaurants without drive-in or drive-through P N N N N Food Trucks (Walk up mobile food restaurant) N P N N P Florist shop P P N N P Food store, Specialty Market (<40,000 square feet. P C N N C Drug store, pharmacy P P N N P Furniture, carpet or home furnishings store P N N N N Gasoline service station (subject to Chapter 19.58 CVMC) C C N N C Hardware or home improvement store P N N N P Hobby shop P P N N P Hotel or motel (subject to Chapter 19.58 CVMC) P P N N P Jewelry store P P N N P Junior department or department store, discount or membership department store P N N N N Kiosk, including photo sales, located in parking lot P P N N P Kiosk, including photo sales, located in plaza area P P N N P Laundry (coin-operated) P P P P N Liquor store, package off-sale C N N N C Newspaper and magazine store, including printing and publishing P P N N P Nursery or garden supply store in enclosed area P N N N P Page 68 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 9 LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Office supplies/stationery store P N N N P Outdoor sales and display (subject to Chapter 19.58 CVMC) P N N N P Parking facilities, commercial (subject to Chapter 19.58 CVMC) P P N N P Pet store, pet supplies and services including grooming (no boarding) P N N N P Printing shop P P N N P Recycling collection center (subject to Chapter 19.58 CVMC) P N N N N Restaurant serving alcoholic beverages with live entertainment or dancing C C N N N Restaurant with cocktail lounge or bar serving alcoholic beverages P P N N C Restaurant with incidental serving of beer/wine but without cocktail lounge, bar, entertainment or dancing P P N N C Restaurant, coffee shop, delicatessen P P N N P Restaurant, drive-through P C N N N Retail, wholesale, including membership stores and manufacturer's outlets which require extensive floor areas for the storage and display of merchandise, and the high volume, warehouse-type sale of goods and uses which are related to and supportive of existing on-site retail distribution centers or manufacturer's outlets P N N N N Retail store or shop P P N N P Snack bar or refreshment stand contained within a building P P N N P Stamp and/or coin shop P P N N P Stores, shops and offices supplying commodities or performing services for the residents of the city as a whole or the surrounding community such as department stores, specialty shops, banks, business offices, and other financial institutions and personal service enterprises P N N N P Swimming pool supply store P N N N N Page 69 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 10 LAND USE1 ZONING DISTRICT FC-1 Comm H Hotel RM Resid R/MU Resid C/M Comm Television, stereo, radio store, including sales and repair P N N N N Theater, movie, multiplex C N N N N Tire sales and service P N N N N Travel agency P N N N P Veterinary office and/or animal hospital C N N N N Public and Semi-Public Uses: Assembly Uses N N N N N Day nursery, daycare school or nursery school (for profit) P P N N P Day nursery, daycare school or nursery school (non-profit) N P N N P Educational institution C C N N C Public utility and/or public service sub-station, reservoir, pumping plant and similar installation C C C C C Public Park NA P P P P Outdoor recreational facilities, including but not limited to: tennis and swim clubs, basketball, racquetball and handball courts C C P P C Residential Uses: Single Family Detached Residential N N N N N Multi-family Residential N N P P P Residential Care Facilities and Housing for Seniors N N N N N Temporary Uses: Subject to the provisions of Section VI.B P P P P P Other Uses: Unclassified uses (subject to Chapter 19.54 CVMC) C P C C C Page 70 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 11 C. ACCESSORY USES & BUILDINGS Accessory uses and accessory buildings customarily appurtenant to a permitted use are allowed subject to the requirements of Chapter 19.58 CVMC. Roof mounted satellite dishes shall be permitted as accessory structures subject to the following standards or conditions: • The dish shall be screened using appropriate matching architectural materials or parapet walls; • Dishes shall be of a neutral color, match the building, or as otherwise approved by the Planning Director; • A building permit shall be required; and, • No advertising material shall be allowed on the satellite dish antenna. Satellite dish antennae containing advertising material shall be considered signs. D. SIGN REGULATIONS No person, except a public officer or employee in performance of a public duty, shall post, paint, erect, place or otherwise fasten any sign, pennant or notice of any kind, visible from a public street except as provided herein. To ensure compliance with this section, a sign permit shall be required for any sign, pursuant to Chapter Section 19.60.030 of the Chula Vista Municipal Code, except as provided by the following. The following provisions that refer to type, size and content of the sign are only guidelines, but shall no t restrict any First Amendment rights to speech. 1. Sign Permit Exceptions The following signs shall be exempt from the sign permit requirements, however an electrical and/or building permit may be required. Any signage in excess of the specific exemptions listed below is prohibited: a. Real Estate Kiosk Signs: Signs installed pursuant to a Real Estate Kiosk Program sanctioned by the city of Chula Vista. b. Political Signs: Signs having to do with any issue, ballot measure, political statements and expressions, or candidate in any municipal, County, State or Federal election shall be permitted.  All political signs shall be placed, erected, constructed, painted or assembled no earlier than thirty calendar days prior to the election and shall be removed no later than ten calendar days following the date of the election.  A political sign shall not exceed five square feet in total area for one side in a residential district, and twelve square feet in a commercial district. Double- faced signs shall not exceed five square feet per side in residential districts and Page 71 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 12 twelve square feet per side in commercial districts. No signs shall be placed in a manner that would obstruct the visibility of, or impede pedestrian or vehicular traffic, or endanger the health, safety, or welfare of the community.  All political signs shall not exceed an overall height of six feet from the finished grade immediately around the sign.  No political sign shall be lighted either directly or indirectly unless said sign is erected, painted, or constructed on an authorized structure already providing illumination.  No political sign shall be placed or affixed to a traffic signal, street light, tree, fence, utility pole or existing sign, nor shall it be posted on any public property or in the right-of-way if, in the opinion of the Zoning Administrator, said sign impedes or renders dangerous public access to any public improvement, including but not limited to, utility poles and fire hydrants; or obstructs the vision of any sign designed to regulate, control or assist public or private transportation or obstructs the vision of any user of a public right -of-way.  No political sign shall be posted in violation of any provisions of this section. Further, the Zoning Administrator or his designated representative shall have the right to remove all signs placed contrary to the provisions of this section. Any political sign placed on private property without the consent of the owner may be removed by said owner or representative of said owner. c. Temporary Subdivision Signage: Temporary billboards, directional signs and staff-mounted flags are allowed in FC-2, as shown in Master Precise Plan. Such signs shall be for the identification of a subdivision, price information and the developer’s name, address and telephone number. Canvas signs, banners, advertising flags, and similar devices are permitted. Flagpole height shall not exceed 21 feet in height. Billboards shall not exceed 400 square feet on each side. Directional signs shall not to exceed 64 square feet in total area for two (2) sides or 32 square feet for one (1) side and a total overall height of twelve (12) feet may be permitted on each street frontage of each neighborhood. Temporary signs installed in the City public right-of-way shall require an encroachment permit from Land Development Department. There shall be no visibility obstructions within fire feet from any driveway. Said signage shall be allowed until the units within the subdivision are sold out, or a period of thirty- six months, whichever comes first. Extensions of twelve (12) months may be approved by the Development Services Director/Zoning Administrator prior to the expiration date. Such signs shall be removed within thirty (30) calendar days from the date of the final sale of the land and/or residences. Signs shall be maintained in good repair. Page 72 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 13 d. Temporary Construction Sign: Two directory signs shall be permitted on the construction site for all contractors (may include financial institutions, real estate agents, subcontractors, etc.) not exceeding thirty -two square feet each, unless legally required by government contracts to be larger. No sign shall exceed eight feet in overall height and shall be located no closer than ten feet to any property line. Such sign shall be removed upon the granting of occupancy by the City. For all other projects, a total of two signs per development site may be installed with a maximum of four square feet in area and five feet in height for each sign. Such sign(s) shall be removed upon finalization of building permits. e. Interior Signs: Signs within a structure or building when not visible or readable, nor intended to be read from off -site or from outside of the structure or building. f. Memorial Tablets, Plaques or Directional Signs: Signs for community historical resources, installed by a City-recognized Historical Society or civic organization. g. Convenience and Secondary Directional Signs: Signs not to exceed four square feet in area or ten feet in height. h. Official and Legal Notices: Notices issued by any court, public body, person, or officer or in furtherance of any non-judicial process approved by State or local law. i. Signs Providing Direction, Warning or Information: Signs or structures required or authorized by law or by Federal, State, County or City authority. j. A Single Official Flag: The flag of the United States of America and/or two flags of either the State of California, or other states of the United States, counties, municipalities or official flags for nations, and flags of internationally or nationally recognized organizations or the company flag. Flags shall be a maximum of five feet by eight feet, unless otherwise specifically approved on a site plan k. Signs of Public Utility Companies: Signs indicating danger, or which serve as an aid to public safety, or which show locations of underground facilities or public telephones. l. Safety Signs: Safety signs on construction sites. m. “No Trespassing”: “No dumping” and similar warning signs not exceeding four square feet. n. Signs on Public Transportation Vehicles: Signs regulated by a political Page 73 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 14 subdivision, including but not limited to buses and taxicabs. o. Signs on Licensed Commercial Vehicles: Provided such vehicles are not used or intended for use as portable signs or as may be prohibited in Section III.D.2. p. A Change of Copy: Copy conforming to an approved Comprehensive Sign Program. All other changes of copy shall comply with this section. 2. Prohibited Signs & Lighting All signs and lighting not expressly permitted are prohibited in all districts including, but not limited to the following: a. Roof signs. b. Flashing lights or signs. c. Animated signs or lights that convey the illusion of motion d. Revolving or rotating signs e. Vehicle signs (when parked or stored on property to identify a business or advertise a product). f. Portable signs (except where permitted by these regulations). g. Off-site signs (except temporary subdivision or real estate signs). h. Signs within the public right-of-way (except those required by a governmental agency). No sign shall be placed, erected or constructed on a utility pole, traffic device, traffic sign, warning sign, or so as to impede access to any public improvement. i. Signs located on public property except as may be permitted by Section III.D.1.b or required by a governmental agency. j. Signs within the public right-of-way prohibited by the Streets and Highway Code (Sec. 101 et. seq. and Sec. 1460 et. seq.), the Vehicle Code (Sec. 21400 et. seq.) and the Public Utilities Code (Sec. 7538 et. seq.). k. Signs blocking doors or fire escapes. l. External light bulb strings and exposed neon tubing outside of buildings (except for temporary uses such as Christmas tree lots, carnivals and similar events having prior approval of the City). Page 74 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 15 m. Inflatable advertising devices of a temporary nature, including hot air balloons (except for special events as provided for in Section V.B). n. Advertising structures (except as otherwise permitted in this section). o. Statuary (statues or sculptures) advertising products or logos of the business located outside of the structure that houses the business. p. The use of decals, stick-on or transfer letters, or tape on the walls or parapets of buildings, fences, walls and other structures. q. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic. This does not include traffic or directional signs installed on private property to control on-site traffic. 3. Signs Permitted The following signs may be placed with approval of a sign permit provided it is in compliance with all other applicable laws and ordinances. These signs are subject to the individual special provisions listed: a. Convenience Signs: On-site signs no greater than six square feet necessary for public convenience or safety may be approved by the Zoning Administrator. Signs containing information such as “entrance,” “exit,” or directional arrows shall be designed to be viewed from an area adjacent to the site by pedestrians or motorists. Signs that convey advertising or products shall not be considered a convenience sign. b. Public and Quasi-Public Signs: Schools, community centers and any other public or institutional building, shall be allowed the following signs: • Public and quasi-public uses are permitted one wall or monument sign, not to exceed thirty square feet in area and a bulletin board or announcement sign not to exceed fifty square feet in area and twelve feet in height. Any bulletin board or announcement sign not attached flat against the building shall maintain a ten-foot setback from the streets. • Public and quasi-public uses may request permit allowing for temporary use of a sign announcing a special event. Either wall-mounted, or freestanding signs of paper, cardboard, plastic or fabric are permitted; provided that the Zoning Administrator finds that the copy, color and design of the sign will not adversely affect the order, amenity, or residential enjoyment of the neighborhood in which it is located. • Special event signs shall be located on the premises of the institution or Page 75 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 16 organization having the special event, and shall not exceed five feet in height, nor contain more than twenty-five square feet of sign area. Freestanding signs shall maintain a minimum ten-foot setback from any property line abutting a street right-of-way. Only one sign shall be allowed for each street frontage. • Upon application for a permit, the applicant shall submit a statement and diagram noting the nature of the special event, indicating the occasion, size, copy and colors of the proposed sign. No less than one permit for a special event sign shall be issued to any one institution or organization in one calendar year subject to Chapter Section 19.60.290 CVMC. c. Community Special Event Signs: Special event signs may be approved for a limited period of time as a means of publicizing special events such as grand openings, Christmas tree lots, parades, rodeos and fairs that are to take place within the Freeway Commercial SPA. Community special events such as a rodeo or community fair may be permitted the following signage: • No more than four off-site signs up to thirty-two square feet in size and eight feet in height to publicize the event. • Temporary advertising signing consistent with the requirements set forth in Section V.B. d. Commercial Special Events: Events such as grand openings and painted seasonal holiday window displays may be permitted the following signage: • No more than four signs, thirty-two square foot or smaller in size, eight feet in height, on-site, freestanding special event signs. • All other on-site special event signs can be either wall and window signs, flags, banners and pennants. Inflatable advertising devices of a temporary nature may be permitted. In no case shall any signage, flag, pennant, inflatable device, or banner be placed above the roof line. e. Comprehensive Sign Program: Any and all signs approved in a comprehensive sign program adopted as a component of a Design Review submittal and pursuant to the Freeway Commercial Design Plan or Master Precise Plan are permitted. 4. Signs Relating to Inoperative Activities Signs pertaining to activities or businesses which are no longer in operation, except for temporary closures for repairs, alteration or similar situations, shall be removed from the premises or the sign copy shall be removed within thirty days after the premises have been vacated. Any such sign not removed within the specified time shall constitute a nuisance and shall be subject to removal under the provisions of this section and local ordinance. Page 76 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 17 5. Enforcement, Legal Procedures & Penalties Enforcement, legal procedures and penalties shall be in accordance with the enforcement procedures established by Chapter 19.60 CVMC. Unauthorized illegal signs may be abated by the City in accordance with local ordinance. If said sign is stored by the City, the owner may recover said sign from the City upon payment to the City of any storage and/or removal charges incurred by the City. The minimum charge shall be no less than three dollars per sign. All signs removed by the City may be destroyed thirty calendar days following removal. If any sign, in the opinion of the Zoning Administrator, is an immediate threat to the public health and safety, said sign shall be immediately and summarily removed with the cost of removal charged to the property owner in accordance with local ordinances. 6. Construction & Maintenance a. Construction Every sign and all parts, portions and materials shall be manufactured, assembled and erected in compliance with all applicable State, Federal and City regulations and the Uniform Building Code. b. Maintenance Every sign and all parts, portions and materials shall be maintained and kept in proper repair and safe structural condition at all times. The display surface of all signs shall be kept clean, neatly painted and free from rust and corrosion. Any cracked or broken surfaces, and malfunctioning or damaged portions of a sign shall be repaired or replaced. Noncompliance with such a request shall constitute a nuisance and will be replaced within thirty calendar days following notification of the business by the City and will be abated. 7. Design Standards Each sign shall be designed with the intent and purpose of complementing the architectural style of the main building or buildings, or type of business on the site. Signs located on institutional or community purpose sites, but in a predominantly residential area, shall take into consideration compatibility with the residential area to the extent possible. a. Relationship to Buildings Signs located upon a lot with only one main building housing the use which the sign identifies shall be designed to be compatible with the predominant visual elements of the building such as construction materials, color, or other design details. Each sign located upon a lot with more than one main building, such as a shopping center or other commercial or industrial area developed in accordance with a common development plan, shall be designed to be compatible with the predominant visual design elements common or similar in all such buildings or the buildings occupied by the “main tenants” or principal uses. Page 77 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 18 The Zoning Administrator may place conditions of approval on any sign permit to require incorporation of such visual elements into the design of the sign where such an element(s) is necessary to achieve a significant visual relationship between the sign and building or buildings. b. Relationship to Other Signs Where there is more than one freestanding sign located upon a lot, all such signs shall be complementary and consider the following five design elements: • Type of construction material (such as cabinet, sign copy or supports). • Letter style of sign copy. • Type or method used for support, uprights or structure on which sign is supported. • Sign cabinet or other configuration of sign area. • Shape of the entire sign and its several components. 8. Landscaping Each freestanding sign shall be located in a landscaped area which is of a shape, design and size (equal to at least the maximum allowable sign area) that will provide a compatible setting and ground definition to the sign. The landscape area shall be maintained in a neat, healthy and thriving condition. 9. Illumination & Motion Signs shall be stationary structures (in all components) and illumination, if any, shall be maintained by artificial light which is stationary and constant in intensity and color at all times (non-flashing). 10. Sign Copy The name of the business, use, service and/or identifying logo shall be the dominant message on the sign. The inclusion of advertising information such as lists of products (more than one product), is prohibited. 11. Relationship to Streets Signs shall be designed so as not to obstruct any pedestrian, bicyclist, or driver's view of the street right-of-way. 12. Design Review & Approval A signage plan including sign locations, size, style, materials, lettering size and style, and any other information necessary to adequately review the proposal shall be prepared and submitted for review and approval by the Zoning Administrator prior to construction. Off-site signs for Town Center in the Olympic Parkway corridor are permitted, but require, Page 78 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 19 in addition to a sign permit, consideration of required input from adjacent property owners. E. PROPERTY DEVELOPMENT STANDARDS The following property development standards apply to all land and buildings other than accessory buildings authorized in the Freeway Commercial District. In FC-1, any legal lot may be used as a building site, except no building permit shall be issued for any lot having lot size less than 10,000 square feet. 1. General Requirements The standards in the following table are minimums unless otherwise stated. An approved Master Precise Plan, the contents of which are to be determined by the Zoning Administrator, will be required for all areas within the Freeway Commercial North (FC-2). This Master Precise Plan will establish specific design districts within FC-2 and may limit the location of certain uses (e.g. fast food restaurants, auto repair, etc.). This Master Precise Plan shall be prepared in accordance with the Otay Ranch Freeway Commercial SPA Plan, Design Plan, and adopted City standards. a) Standards for Commercial Use Districts (FC-1 and Hotel) Purpose: The provisions of this section shall apply to commercial and hotel uses within FC-1 and Hotel site. Page 79 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 20 TABLE A COMMERCIAL PROPERTY DEVELOPMENT STANDARDS STANDARD DIMENSION FC-1 Comm FC-2 H Hotel Lot area, net sq. ft. (000's) 401 SP Lot width (feet) 100 SP Lot depth (feet) 100 SP Front yard setback (feet to other FC zoned lot) SP SP Side yard setback, each (feet to other FC zoned lot) SP SP Rear yard setback (feet to other FC zoned lot) SP SP Building setback from Olympic Parkway, EastLake Parkway and Birch Road (measured from curb in feet) Note: Transit Structures, signs, entry monuments, and pedestrian oriented facilities are excluded. 75 30 Public Transit ROW setback (feet) SP SP Internal vehicular travel way setback (measured from curb in feet) 10 10 Building height, maximum for main building (feet) 602 65 Building feature, maximum height (feet) 75 75 Lot coverage, maximum (% net lot area) SP SP Landscaping, minimum (% net lot area) SP SP SP=per approved site plan. (May also be set at the Master Precise Plan or Design Review Phases). Refer also to Section III-M, herein for property development standards for Residential uses. 1 Map for condominium development does not need to meet lot area requirement. Minimum lot area may be reduced to 10,000 sq. ft. for master planned building complexes with Design Review approval. Such plans shall be for a total area of no less than 60,000 sq. ft. 2 Maximum stories for buildings <20,000 square feet shall be further limited to no more than two floors, and buildings >20,000 square feet shall be limited to no more than three floors. b) Standards for Residential and Mixed-Use District (1) PURPOSE The provisions of this section shall apply to residential uses within the RM District and mixed-use arrangement of commercial and residential uses within the R/MU and C/MU Districts. . Page 80 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 21 TABLE B FC-2 RESIDENTIAL AND MIXED-USE DEVELOPMENT STANDARDS (RM, R/MU, AND MU) STANDARD DIMENSION5 RM (RESIDENTIAL) R/MU (MIXED USE) C/MU (MIXED USE) Lot Size DR DR DR Lot width and depth DR DR DR Setbacks (front, rear, and side yards) DR DR DR Architectural feature projections such as awnings, building massing projections, cantilevers, bay windows, patio/balcony pop-outs, and other similar features are permitted to project into a required front or rear setback for a distance not to exceed two feet, provided any adopted Building Code requirement for separation of structures is maintained. FAR (Floor Area Ratio) N/A N/A N/A Building Height1 50' 75’1 75’1 Lot coverage (maximum %) DR DR DR Landscaping (minimum %) DR DR DR Parking required3 Refer to Table B. Refer to Table C, Mixed Use. Refer to Table C, Mixed Use. Common Useable Open Space4 200 sq. ft. per unit4 Where above standards cannot be met, up to one-third of the Common Useable Open Space requirement may be met through excess Private Open Space, as long as the Private Open Space is equally distributed among all units. 200 sq. ft. per unit. N/A Private Useable Open Space (Minimum square feet per unit)2 Studios, 1-bedroom, and units above first story: 60 sq. ft. Ground floor units: 80 sq. ft. for 2-bedroom units 100 sq. ft. for 3-bedroom units Where above standards cannot be met, amenitized common open space will be provided instead at a 2:1 ratio. Note: No dimension of usable private open space shall be less than 6 feet. 60 sq. ft. per unit. N/A DR= Determined by Design Review approval; NA = Not Applicable 1 Building features may exceed maximum building height with Design Review approval 2 May be modified subject to Design Review approval. 3 Requirements for bicycles parking shall be determined during the Design Review process. 4 Exceptions and alternatives that meet the intent may be approved during Design Review. Excludes driveways, drive aisles, sidewalks and walkways that serve only as access to the units, unless they are part of a paseo or larger enhanced common useable area. Enhanced motor courts designated as “No Parking” can count towards Open Space. 5 Dimensions approved on a Master Precise Plan shall establish the dimension requirements for Design Review. Page 81 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 22 (2) COMMON USEABLE OPEN SPACE Common usable open space (CUOS) shall be provided for all multi -family developments. CUOS shall take the form of passive and active recreation areas such as swimming pools, picnic areas, ballcourts, paseos, etc. These areas shall not be fragmented or consist of left over land, parking areas, areas dedicated exclusively for access or refuse storage areas, and must be pedestrian linked and/or easily accessible to the majority of resid ents in the development. Driveway are not counted towards open space, unless they are enhanced as plazas and not used for parking. Any portion of a lot which is relatively level (maximum five percent grade), developed for recreational or leisure use, and which contains 60 square feet with no dimension less than six feet, shall be considered open space. Where above standards cannot be met, up to one-third of the CUOS requirement may be met through excess Private Open Space, as long as the Private Open Space is equally distributed among all units. (3) PRIVATE USABLE OPEN SPACE In a high-density urban environment, the common space is what defines the character of the neighborhood. As generously sized yards associated with single- family development are not possible, the benefits of private open space taking form of upstairs balconies and patios diminish in their recreational, aesthetic, and environmental value. Private open space areas in multi -family homes are frequently used for storage rather than for enjoyment of their intended use due to their limited size. Expanding and enhancing common usable open space becomes more beneficial to the residents. High quality recreational amenities and landscaped garden areas serve for social gathering, active and passive recreation. The project will meet its open space requirement through a combination of private balconies, terraces, porches, and common usable open space to satisfy open space needs for residents. Private usable open space (PUOS) shall be provided for all multi-family residential dwelling units. PUOS shall take the form of yard area, porches, decks, patios, terraces, and balconies. If intended to satisfy the PUOS requirements, PUOS areas shall meet the Residential Development Standards in Table D above. Where minimum requirement for individual units cannot be met per the above allowances, the project shall provide two (2) times the required PUOS area as highly amenities Common Useable Open Space to satisfy their PUOS requirement. Amenities may include community gardens, sports courts, dog park, lounge areas, and cabanas. Page 82 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 23 Modifications may be allowed subject to approval by the Director of Planning and Building. 2. Additional Requirements: a. Conveniently located common laundry facilities shall be provided for units which do not have individual hook -ups. b. Conveniently located and well screened enclosures for trash and recyclables shall be provided consistent with the City of Chula Vista’s solid waste and recycling guidelines. c. Mailbox kiosks shall be conveniently located throughout the complex. d. Units may be approved for either rental, condominium ownership, or fee simple, subject to the applicable City of Chula Vista regulations. e. Masonry walls shall be constructed where required for noise attenuation. F. Recreational vehicle parking areas shall be provided fully screened, unless parking of recreational vehicles on-site is specifically prohibited. 3. Special Requirements a. Ownership: Boundaries for several requirements are based on ownership boundaries as of the adoption of this SPA Plan. In the event that these boundaries are adjusted, the Zoning Administrator shall adjust the requirement to the new ownership boundary if determined to be in substantial conformance to the adopted plan. b. The Enhancement Buffers, as depicted on the Land Use Districts Map (Exhibit PC- 1), identifies an enhancement area of 30 to 75 feet back from the adjacent curb. No buildings greater than 25,000 square feet may encroach into this buffer zone. Buildings less than 25,000 square feet may only encroach where it can be clearly demonstrated that encroachment improves pedestrian orientation, provides pedestrian oriented amenities and does not negatively impact the streetscape. Parking areas, drive aisles, driveways, seating areas, and patios may encroach, subject to Design Review approval, providing parking is screened and the encroachment is for a limited distance as opposed to a continuous encroachment. Transit lanes and station facilities may be located within the buff er zone. c. Design Review and Site Plan and Architectural approval shall be required for all uses within the Freeway Commercial Districts. Site plans and architectural designs shall comply with the provisions of the Freeway Commercial Design Plan. Submittals shall, at a minimum, include an entire Design Review Area as shown on Page 83 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 24 Exhibit PC-2 and contain the information required per Chapter III Design Review Process of the Design Plan. As an alternative to preparing detailed plans for an entire Design Review Area, a Precise Plan may be approved for the entire area and implemented through phased Design Review approvals. The subsequent phases shall be reviewed for consistency with the Precise Plan. Public notice to property owners within five hundred feet of the project shall be provided for all reviews requiring public hearings. The area on Exhibit PC-2 designated as “Orange” is primarily intended for hotels. The area designated as “Red” is primarily intended for mixed-use, with multi- family and commercial uses. The areas designated “Yellow” is primarily intended for multi- family residential uses, including a centrally located urban park (”Blue”). These areas shall be developed in phases based on an overall Master Precise Plan, which will satisfy many of the components of the required Design Review requirements. The area on Exhibit PC-2 designated as the “Green” Planning Area is intended for a major regional retail facility, which will have Design Review performed in phases as follows: 1. Initial Master Plan Level: This will be subject to Design Review of the regional retail facility on an overall basis, including the site plan and arrangement of buildings and parking areas. At this level an overall signing program, landscape design, and architectural standards shall be established. The The Design Review Committee Planning Commission shall review and approve the project at this level. 2. Major Buildings Design Review. This will include the Design Review of any single building (user) in excess of 20,000 square feet. The The Design Review Committee Planning Commission shall review and approve all major buildings at this level. 3. Design Review for individual free-standing buildings (<20,000 square feet), The Zoning Administrator shall review and approve the Administrative Design Review at this level. 4. Individual tenant store fronts, specific signs requiring a sign permit, or other similar improvements shall be reviewed and approved by the Zoning Administrator during the building permit process. Page 84 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 25 EXHIBIT PC-2 Page 85 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 26 F. PARKING & LOADING FACILITIES These regulations are for the purpose of providing convenient on- and off-street parking space for vehicles. The parking requirements of this section are to be considered as the minimum necessary for such uses permitted by the respective zone. All parking lots shall be subject to the requirements of the City of Chula Vista Storm Water Manual, dated January 2011. The intent of these regulations is to provide adequately designed parking areas with sufficient capacity and adequate circulation to minimize traffic congestion and promote public safety. It shall be the responsibility of the developer, owner, or operator of the specific use to provide and maintain adequate off-street parking. 1. Size and Access Requirements The following property development standards shall apply to all parking areas: a. General Requirements The following are minimums unless otherwise stated: 1) Automobile: Standard: • Uncovered: 9 feet by 19 feet each space • Covered in a garage: 9 feet by 19 feet for single-car garage 18 feet by 20 feet for side-by-side two-car garage 10 feet by 39 feet for tandem two-car garage Size and configuration of automobile parking spaces shall, as a minimum, comply with the City of Chula Vista’s adopted parking table (PL-30) which establishes stall sizes relative to parking angle and aisle width. 2) Motorcycle Space: 4 feet by 8 feet each space 3) Bicycle Space: 2 feet by 6 feet each space or as provided in a manufactured storage rack/device 4) Motorized Cart Space: 4 feet by 6 feet each space; may also use automobile spaces • Automobile, handicapped, motorized cart, motorcycle, and bicycle spaces: All parking stalls and maneuvering areas shall be paved and permanently maintained with asphalt, concrete or any other all-weather surfacing approved by the Zoning Administrator and subject to current City standards. All parking facilities shall be graded and drained to provide for the disposal of all surface water on the site, except as may be deemed preferable to satisfy NPDES requirements. Page 86 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 27 Off-street parking areas for more than three vehicles shall be provided with a concrete curb not less than six inches in height to confine vehicles to the parking area. 6) Striping & Identification a) Automobile: All parking stalls shall be clearly outlined with lines on the surface of the parking facility. b) Handicapped: All handicapped spaces shall be striped and marked according to the applicable State standards. c) Motorcycle: All motorcycle spaces shall have bollards installed and appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they can be clearly identified for motorcycle use. d) Bicycle: All bicycle parking facilities shall be clearly visible. 7) Storm Water Management: Parking lots of 5,000 square feet or more or containing 15 or more parking spaces, and potentially exposed to urban runoff, shall comply with the City of Chula Vista Urban Storm Water Mitigation Plans (SUSMPs). b. Access & Driveways 1) No parking area may be located so as to require or encourage the backing of automobiles or other vehicles across any street lot line, to effect egress from the places of parking. 2) Driveways for parking areas shall be a minimum of fifteen feet wide for one-way traffic and twenty-four feet wide for two-way traffic. The minimum vertical clearance shall be ten feet to allow for the passage of emergency vehicles, based on minimum standards administered by the Director of Engineering. 3) All aisles and turning areas shall be adequate to provide safe and efficient access to and from parking spaces, based on minimum standards administered by the city traffic engineer. c. Special Requirements 1) Shared parking may be permitted pursuant to the following criteria: a) The applicant shall show that there is no substantial conflict in the principal operating hours of the buildings or uses for which the shared parking is Page 87 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 28 proposed. b) Parties involved in the shared use of a parking facility or facilities shall evidence agreement for such shared use by a proper legal instrument approved by the City Attorney as to form and content. c) Any shared parking facility shall be provided with adequate signs on the premises indicating the availability of that facility for patrons of the participating uses. 2) All shopping cart storage areas shall be screened from public view from the parking lot areas and public streets. 2. Number of Spaces Required for Designated Land Use a. The number of parking spaces required shall be as set forth in the table below. Page 88 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 29 TABLE C PARKING REQUIREMENTS LAND USE MINIMUM OFF-STREET PARKING REQUIRED Commercial (FC-1 and Hotel) Administrative & professional services offices 1 space/300 square feet of gross floor area; minimum 4 spaces Appliance, furniture, home furnishings store 1 space/600 square feet of gross floor area Auto or truck sales 1 space/10 car storage/display spaces Bowling alley or billiard hall 5 spaces/alley plus 2 for each billiard table plus required parking of any other uses on the site Eating & drinking establishment (non-fast food) 1 space/each 2½ seats or 1 space/50 square feet of seating area where there are no fixed seats Fast food restaurant w/ drive-in or drive through 1 space/each 7 seats plus 1 space per employee, minimum 15 spaces and on-site queue line for at least 8 vehicles when drive through is included Gasoline dispensing and/or automotive services stations 2 spaces plus 4 for each service bay Hotel or motel 1 space per room Medical, dental or veterinary office or clinic 1 space/200 square feet of gross floor area; minimum 5 spaces Theater, movie 1 space/3½ seats Shopping Center and General Commercial, not otherwise listed 1 space/200 square feet of gross floor area (5:1000 sf) Max. 10% of sq. ft. may be restaurants on this basis. Major Regional Retail Facility (>500,000 square feet) 4.5 spaces per 1,000 square feet as an overall blended total for all uses (including shared park & ride spaces). Public and Semi-public Uses Day nurseries, daycare schools, nursery schools 1 space/staff member plus 2 spaces/5 children or 1 space/10 children if adequate drop-off facilities are provided. Drop-off facilities must be designed to accommodate a continuous flow of passenger vehicles to safety load and unload children. The adequacy of proposed drop-off facilities shall be determined by the Zoning Administrator. College or vocational school 1 space/2 faculty member or employee plus 1 space/3 students Place of public assembly 1 space/3½ seats within the main auditorium or 1 space/45 square feet of gross floor area within the main auditorium where there are no fixed seats Public utilities, civic uses To be determined by the Zoning Administrator Page 89 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 30 TABLE C- CONTINUED LAND USE MINIMUM OFF-STREET PARKING REQUIRED* West Residential RM 2 assigned covered spaces/unit plus minimum 0.33 guest spaces/unit. Tandem garage spaces are permitted. A two-car tandem garage will count as 1.75 parking spaces. The remaining 0.25 spaces will be provided as common unassigned parking. Senior, Congregate Care, or Affordable Housing To be determined by Design Review. Tandem spaces are permitted. Parking requirements may be reduced for developments restricted to Affordable and Senior Citizens at the discretion of the Planning Commission through a Conditional Use Permit procedure. Mixed-Use** R/MU Studio units: 1.0 spaces/unit 1- bedroom units: 1.5 spaces/unit 2- bedroom units: 2.0 spaces/unit 3- bedroom units: 2.25 spaces/unit Guest parking ratio of 0.33 is included in above ratios. C/MU 4 spaces per 1,000 sq. ft. * Parking on Town Center Drive shall not be used to satisfy residential parking requirements. **Parking on Town Center Drive may be used to satisfy the Commercial component of Mixed- Use parking requirements. Page 90 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 30 b. Handicapped Parking Requirements a. Handicapped parking for residential uses shall be provided at the rate of one space for each dwelling unit that is designated for occupancy by handicapped persons. b. Handicapped parking spaces for all uses, other than residential, shall be provided at the following rate: TABLE D REQUIRED HANDICAPPED PARKING NUMBER OF AUTOMOBILE SPACES PROVIDED NUMBER OF HANDICAPPED SPACES REQUIRED 1 – 25 1 26 – 50 2 51 – 75 3 76 – 100 4 101 – 150 5 151 – 200 6 201 – 300 7 301 – 400 8 401 – 500 9 501 – 1000 2% of Total Spaces Over 1000 20 plus 1 space for every 100 spaces (or fraction thereof) over 1001 2) Handicapped parking spaces required by this section shall count toward fulfilling off-street automobile parking requirements. c. Bicycle Parking Requirements Commercial uses are required to install bicycle parking facilities providing a minimum of four bicycle parking spaces per tenant/user greater than 25,000 square feet. Bicycle parking facilities shall be stationary storage racks or devices designed to secure the frame and wheel of the bicycle. Bicycle parking facilities shall be distributed throughout the commercial center and located in close proximity to the entrance of each commercial use requiring provision of the facility. Commercial uses in FC-2 that are specifically related to bicycle sales and repair should consider providing changing rooms and showers. Page 91 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FREEWAY COMMERCIAL DISTRICT 31 d. Motorcycle Parking Requirements Motorcycle parking areas shall be provided for all uses at the following rate: • Uses with 25 to 100 automobile parking spaces shall provide one designated area for use by motorcycles (minimum two spaces). • Uses with more than 100 automobile parking spaces shall provide motorcycle parking areas at the rate of one motorcycle parkingarea (minimum two spaces) for every 100 automobile parking spaces provided. e. Fuel Efficient Vehicle Parking Requirements Parking spaces for electric vehicles, if provided, shall satisfy the amount of conventional parking space requirements. The project shall meet all City of Chula Vista requirements for electric vehicle parking. f. On-Street Parking f. On Street Parking On-street parking may be permitted on the internal streets and drives, subject to approval by the City Engineer. Any approved on-street parking may be applied to meet the parking requirements for adjacent uses. The assignment of specific spaces to individual buildings/uses shall be made in the Design Review approval, or as specified on an approved the Master Precise Plan. On-street parking restrictions, enforcement, and provisions for dual-use spaces shall be under the control of the home or business owners association for the mixed-use area in MU. 3. Loading Facilities a. Adequate loading area shall be provided for each building and/or user such that loading operations do not interfere with public access and circulation. If feasible, separate access and circulation routes shall be provided for loading and service areas. b. Loading and service areas shall be located to the rear of buildings to minimize visibility from right-of-ways, circulation conflicts and adverse noise impacts, unless specifically approved in Design Review. Any loading and/or service area which would be visible from Olympic Parkway, EastLake Parkway or Birch Road shall be adequately screened to maintain the streetscape appearance. c. Loading facilities shall be adequately screened from adjacent land uses along the boundary of FC-1 and FC-2 by walls and covered trellises. Formatted: Line spacing: single Formatted: List Paragraph, Right, Indent: Left: 1.33", Space Before: 0 pt, Tab stops: 1.33", Left + 1.33", Left Formatted: Font: 12 pt Page 92 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 32 d. Loading/unloading facilities shall implement Best Management Practices (BMPs) to prevent pollution of the storm drainage systems. Storm drain inlets shall not be located near the loading/unloading areas. 4. General Provisions a. Parking facilities, for both motor vehicles and bicycles, shall be provided for any new building constructed; for any new use established; for any addition or enlargement of an existing building or use; and for any change in the occupancy of an existing building. b. For additions or enlargement of any existing building or use, or any change of occupancy or manner of operation that would increase the number of parking spaces required, the additional parking spaces shall be required only for such addition, enlargement or change, not for the entire building or use, unless required as a condition of approval of a Conditional Use Permit. c. The required parking facilities needed for any development shall be located on the same site or, if an irrevocable access and/or parking easement is obtained, the parking may be on an adjacent site. Property within the ultimate right-of-way of a Commercial Promenade Street may be used, to the extent available, and subject to sight distance criteria per City standards, to provide required on-site parking or loading/unloading facilities so long as at least one stall is provided on site. d. All required off-street parking spaces shall be designed, located, constructed, and maintained to be fully usable during workday periods or as needed by the use of the premises. Temporary uses for which a temporary use permit has been secured may utilize parking areas as allowed by the temporary use permit. e. Where the application of these schedules results in a fractional parking space, the fraction shall be rounded to the higher whole number. f. The parking requirement for uses not specifically listed in the matrix shall be determined by the approval body for the proposed use on the basis of requirements for similar uses, and on any traffic engineering and planning data that is appropriate to the establishment of a minimum requirement. g. In situations where a combination of uses are developed on a site, parking shall be provided for each of the uses on the site according to the schedule given in this section. h. Parking areas shall be separated from buildings by landscaping, bollards, and/or a raised concrete walkway. Parking lots shall be designed so that pedestrians will generally walk parallel to the flow of vehicles when approaching the adjacent building. Page 93 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 33 i. All parking facilities required by this section shall be maintained in good operating condition for the duration of the use requiring such facilities. Such facilities shall be used exclusively for the parking of vehicles. Parking facilities shall not be used for the storage of merchandise, or, for the storage or repair of vehicles or equipment. Parking facilities shall not be used for the sale of merchandise, except on a temporary basis, pursuant to Section V.B Temporary Uses. j. A maximum of five drive-through facilities for fast food restaurants are permitted within the Freeway Commercial SPA. 5. Parking Screening Requirements Off-street parking areas for more than five vehicles, adjacent to a public street, shall be effectively screened by a ten-foot wide landscaped strip. The requirements specified herein may be eliminated in whole or in part where, in the opinion of the zoning administrator, such requirements are not necessary for the proper protection of abutting property because of substantial grade differentials, the existence of adequate walls or other equally valid reasons. 6. Parking Area Landscaping a. Parking areas shall be landscaped in accordance with the City’s Landscape Manual and Freeway Commercial SPA Design Plan (Section II.A.4). b. Any unused space resulting from the design of the parking area shall be used for landscaping purposes, if determined to be of appropriate size and location. Refer to the Freeway Commercial SPA Design Plan (Section II.C.6) for additional guidelines relating to parking lot landscaping. c. All landscaped parking lot islands shall have a minimum inside dimension (landscaped area) of three feet and shall contain a twelve-inch-wide walk adjacent to the parking stall and be separated from vehicular areas by a six inch high, six inch wide concrete curbing. d. All landscaped areas shall be irrigated automatically with reclaimed water and kept in a healthy and thriving condition free from weeds, debris and trash. 7. Parking Area Lighting All parking facilities shall have lighting in accordance with City of Chula Vista standards. The lighting shall be designed and installed with cut-offs to confine direct rays to the site. Parking lot light standards shall be a maximum height of 35 feet from the finished grade of the parking surface in the major parking fields and directed away from the property lines. Light standards in pedestrian oriented areas shall not exceed 12 feet in height. G. OUTDOOR STORAGE & SALES AREAS Page 94 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 34 Exceptwhere otherwise approved on a site plan, outdoor storage areas shall be entirely enclosed by solid walls not less than six feet in height to adequately screen outdoor storage areas. Stored materials shall not be visible above the required walls. Permanent outdoor sales areas shall be screened to improve site aesthetics when viewed from a distance, but the screening materials need not be solid or opaque. Filtered, close-range views of the materials for sale are allowed. Screening materials and design shall be consistent and integrated with the design and materials of the adjacent commercial building. H. TRASH STORAGE & RECYCLING FACILITIES A. Commercial: 1. All developments shall provide areas for trash storage. These areas shall be enclosed within a minimum five-foot high masonry wall, or higher if deemed necessary in site plan approval, to adequately screen the trash area, built to standards adopted by the City for a freestanding wall and shall be designed to accommodate the trash containers used by the trash service company contracted with the City. Recycling facilities, including compactors and similar equipment, shall be located adjacent to trash storage areas and similarly screened from view. Recycling facilities shall be designed to meet best management practices and current available technologies. 2. The number of containers required shall be not less than required by the sanitary service operator on the site and a specified number by the zoning administrator for all commercial or other uses as determined by the actual use. 3. Trash areas shall be kept neat and clean. Storage enclosures or containers for recyclables shall be designed to protect stored materials from the elements or spilling. 4. The location of any trash area(s) shall be approved on the Design Review site plan and not block circulation during loading operations. 5. The trash and recycling facilities enclosure shall be permanently maintained. 6. Trash storage areas and recycling facilities shall be located away from storm drain inlets and be covered, bermed or otherwise protected to prevent rainwater from reaching stored materials and/or the flow of polluted water from such materials onto paved areas and into storm drains. B. Residential Residential projects will comply with the Recycling and Solid Waste Standards for central collection bin services or accommodate the storage and curbside pickup of individual trash, and recycling containers (2 total), as approved for a small-quantity Page 95 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 35 generator, to the satisfaction of the Director of Public Works and the Waste Management Manager. I. WALL REQUIREMENTS There shall be no zoning wall requirement for development within the Freeway Commercial SPA. Any walls deemed necessary shall be approved as part of the Master Precise Plan and shown on the Design Review submittal. J. LANDSCAPING Required landscaping shall be identified on the approved site plan. Said landscaping shall consist predominantly of plant materials except for necessary walks and drives. All planting and irrigation shall be in accordance with the City Landscape Manual. All required landscaping shall be permanently maintained in a healthy and thriving condition, free from weeds, trash and debris. K. PERFORMANCE STANDARDS 1. The noise level emanating from any commercial use or operation shall not exceed the standards established in the Chula Vista Municipal Code. 2. All ground mounted mechanical equipment, including heating and air conditioning units, backflow prevention devices, and trash receptacle areas, shall be completely screened from public view and surrounding properties by use of a wall or fence, or shall be enclosed within a building. No material or equipment so screened shall have a height greater than that of the enclosing wall, fence or building. Structural and design plans for any screening required under the provisions of this section shall be approved by the Director of Planning as part of the Design Review process. 3. All roof appurtenances including, but not limited to, air conditioning units, and mechanical equipment shall be shielded and architecturally screened from view from on-site parking areas, internal circulation routes and adjacent public streets. 4. Reciprocal ingress and egress, circulation and parking arrangement shall be required to facilitate the ease of vehicular movement between adjoining properties. Provisions shall be integrated into the circulation design to permit the Freeway Commercial district to function as an integrated commercial center. 5. All light sources shall be shielded in such a manner that the light is directed away from streets or adjoining properties. Safety and security lighting may be placed a maximum of 35 feet above grade. Illuminators should be integrated within the architecture of the building. Lighting plans shall be submitted and approved as a part of the Design Review process. Page 96 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 36 6. All utility connections shall be designed to coordinate with the architectural elements of the site so as not to be exposed to public view except where required by utility provider. Pad mounted transformers and/or meter box locations shall be included in the site plan with an appropriate screening treatment such as berms, walls and/or landscaping. 7. There shall be no emission on any site, for more than one minute in any hour, of air contaminants which, at the emission point or within a reasonable distance of the emission point, are as dark or darker in shade as that designated as No. 1 on the Ringelman Chart as published by the United States Bureau of Mines Information Circular #7718. 8. No use shall be permitted which creates an offensive odor, in such quantities as to be readily detectable beyond the boundaries of the lot on which it was created, except the normal odors coming from restaurants and cooking establishments. 9. Buildings should be located on the site to provide adjacent buildings adequate sunlight for solar access when practical. Buildings should be designed to minimize energy consumption, including but not necessarily limited to the following conservation measures: • Co-generation • Windows placement • Shading for windows • Deciduous shade trees on southerly or westerly orientations • Dual glazing and improved insulation • Energy efficient lighting • Recycling 10. Automobile service, washing and rental facilities shall have designated areas for washing and detailing vehicles which are equipped with water recycling units, shall drain to the sanitary sewer system, or use other measures deemed appropriate by the Zoning Administrator. 11. All food preparation facilities shall have grease traps on their sanitary sewer connections and have designated areas for washing floor mats, or mops which drain to the sanitary sewer system. 12. Nurseries and garden supply stores/areas shall implement BMPs to prevent flow or polluted rainwater or irrigation water into the storm drainage system. Typical pollution from such areas includes sediments, fertilizers, pesticides and herbicides. 13. Arcade and Electronic games facilities shall be designed and operated in a manner that discourages illegal activities and truancy. Page 97 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 37 L. PARK AND RIDE FACILITIES: The required 200 Park and Ride spaces within the Major Regional Retail Facility may use shared parking standards, without an increase in parking spaces otherwise required, providing the parking area is identified by signing as available for Park & Ride use from the hours of 6:00 AM to 6:00 PM and available for general use after 6:00 PM. Page 98 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 38 IV. Special Uses & Conditions A. PURPOSE This section provides additional regulation for special uses and conditions which require special review standards beyond those of the basic land use districts. Temporary uses and recreation amusement facilities are addressed in this section. Where this section prescribes regulation, which is more restrictive than that of the Land Use District, the provisions of this section shall apply. B. TEMPORARY USES & SPECIAL EVENTS 1. Purpose The provisions of this section shall apply to uses allowed for a limited amount of time, as specified herein. Temporary uses are subject to administrative approval by the Zoning Administrator, except as noted. 2. Temporary Uses Listed a. Circuses, rodeos, parades or similar outdoor entertainment or enterprises, subject to not more than five days of operation in any calendar year. Requests exceeding these time limitations will require a Conditional Use Permit. b. Christmas tree sales, Halloween pumpkin sales and other holiday sales subject to not more than forty days of site occupation and operation in any calendar year. c. Outdoor art and craft shows and exhibits, subject to not more than three calendar days of operation or exhibition in any sixty -calendar day period. d. Contractors' offices and storage yards on the site of an active construction project. e. Mobile home residences for security purposes on the site of an active construction project. f. Charitable or school sponsored drop-off bins for recycling of cans, newspapers, or similar items, or for drop-off of clothes and small items. Bins shall be located in the parking lots of businesses or other public or semi -public property on a temporary basis when written permission is granted by the property owner or business owner. Said bins shall be kept in a neat and orderly manner. Collection of bottles, cans and newspapers shall also be regulated by Chapter Section 19.58.345 CVMC. g. Temporary tract signs for marketing purposes. h. Additional uses determined to be similar to the foregoing in the manner prescribed Page 99 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 39 by these regulations. 3. Permits & Bonds All temporary uses shall be subject to the issuance of a Temporary Use Permit by the Zoning Administrator and other necessary permits and licenses, including but not limited to, building permits, sign permits and solicitors or vending licenses. In the issuance of such a permit, the Zoning Administrator shall indicate the permitted hours of operation and any other conditions, such as walls, fences or lighting, which are deemed necessary to reduce possible detrimental effects to surrounding developments and to protect the public health, safety and welfare. Prior to the issuance of a permit for a temporary use, a cash deposit may be required to be deposited with the City. This cash deposit shall be used to defray the costs of property cleanup by the City in the event the permittee fails to do same. 4. Extension or Modification of Limits Upon written application, the Zoning Administrator may extend the time within which temporary uses may be operated or may modify the limitations under which such uses may be conducted if the Zoning Administrator determines that such extension or modification is in accord with the purposes of the zoning regulations. 5. Condition of Site Following Temporary Use Each site occupied by a temporary use shall be left free of debris, litter or any other evidence of the temporary use upon completion or removal of the use and shall thereafter be used only in accord with the provisions of the zoning regulations. 6. Fee The application shall be accompanied by a fee established by the Master Fee Schedule to cover the cost of processing the application prescribed in this section. C. RECREATIONAL FACILITIES Construction of recreation courts, including necessary fencing and lighting, may be permitted subject to administrative review and a finding that adjacent properties will not be unduly affected. Recreation courts shall meet the following minimum standards: 2. A maximum 20-foot high fence (measured from the finished grade of the court) shall be allowed. Fences shall include a screening material which screens the court activity from off-site view and which improves the appearance of the fence. 3. Setbacks for the court shall be: Side yard: 10 feet; Rear yard: 10 feet Page 100 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPECIAL USES &CONDITIONS 40 4. Maximum of eight lights permitted, mounted at a height not to exceed twenty-two feet. All lights and light fixtures shall be certified by a qualified lighting engineer to: a) Be designed, constructed, mounted and maintained such that, the light source is cut off when viewed from any point five feet above the ground measured at the lot line. b) Be designed, constructed, mounted and maintained such that the maximum illumination intensity measured at the wall of any residential building on abutting property shall not exceed ½ foot candle above ambient levels. c) Be used between 7:00 a.m. and 10:00 p.m. 5. The surface area of any recreational court shall be designed, painted, colored and/or textured to reduce the reflection from any light incident thereon. 6. Landscaping shall be installed as required between the fence and the property line. Page 101 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda LEGISLATIVE PROCEDURES 43 V. Legislative Procedures A. PURPOSE Zoning is a legislative act involving police power asserted in the interests of the public health, safety and general welfare. These Planned Community District Regulations are adopted to provide zoning for the Freeway Commercial SPA of the Otay Ranch Planned Community. B. ADOPTION OF PLANNED COMMUNITY DISTRICT REGULATIONS These Planned Community (PC) District Regulations are adopted pursuant to Title 19, Zoning, of the Chula Vista Municipal Code and are intended to implement and integrate the Chula Vista General Plan, the Otay Ranch General Development Plan (GDP), and the Freeway Commercial Sectional Planning Area (SPA) Plan. The SPA is zoned P-C Planned Community pursuant to the adoption of the Otay Ranch GDP and Chapter 19.48 CVMC. These regulations provide for the implementation of the GDP and P-C zone by setting forth the development and use standards for all property within Otay Ranch Freeway Commercial SPA Planned Community District. These PC District Regulations, along with the Freeway Commercial SPA Plan, delineate precisely the allowable use of the property. C. AMENDMENTS Application for any change in district boundaries, use listing, property development standard or any other provision of these regulations shall be considered a zone change and be processed in accordance with the provisions of Chapter 19.12 CVMC. Approval of a zone change requires affirmative action following a public hearing by both the Planning Commission and City Council. Page 102 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 44 VI. Administrative Procedures, Conditional Uses & Variances A. PURPOSE & INTENT The purpose of this chapter is to define certain administrative procedures and requirements to provide clear instructions and notice to property owners and developers within Freeway Commercial SPA regarding permit and plan approvals. The general intent of these regulations is to use the standard procedures provided in Chapter 19.14 CVMC except where special procedures are required or defined herein. The administration of the Freeway Commercial SPA Plan shall be as provided for in Chapter 19.48 of the.090 et. seq. CVMC, except that the Zoning Administrator may accept less detail or require additional detail to suit the development concepts included in the SPA plan. For matters relevant to the proper development and use of property within Freeway Commercial SPA and not addressed herein, the provisions of Title 19 CVMC (Zoning Ordinance) shall apply. In the event of conflicting standards, these Planned Community District Regulations shall apply. B. ZONING ADMINISTRATOR - AUTHORITY The Zoning Administrator is authorized to consider and to approve, disapprove or modify applications on the following subjects and/or issue the following required permits without setting the matter for a public hearing: 1. Conditional Use Permit The Zoning Administrator shall be empowered to issue Conditional Use Permits, as defined herein, in the following circumstances: a. Where the use requiring the permit would make use of an existing building and does not involve substantial remodeling thereof. b. For signs, as defined herein, and temporary tract houses, as limited herein. c. Establishments that include the sale of alcoholic beverages for off - site use or consumption. The Zoning Administrator shall hold a public hearing in accordance with Sections 19.14.060-19.14.090 of the CVMC (Chapter 19.14 Administrative Procedures, Conditional Uses and Variances: sections .060 = Conditional Use Permit - Defined- Purpose and Intent, .090 = Conditional Use Permit - Public Hearing Procedure - Finding of Facts and .080 = Conditional Use Permit - Prerequisites For GradingGranting) of the CVMC upon giving notice thereof in accordance with Sections 19.12.070-19.12.080 of the CVMC (Chapter 19.12 Legislative Zoning Procedures: Sections .070 = Hearings - Notices Required - Methods And Additional Contents Of Notice, And .080 = Hearings - Notice Required – Contents) A Conditional Use Permit shall not be granted unless the Page 103 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 45 Zoning Administrator or other issuing authority finds in his/her sole discretion, and based on substantial evidence in view of the entire record, that all of the facts required by Section 19.14.080 of the CVMC (Administrative Procedures , Conditional Uses and Variances: Conditional Use Permit - Prerequisites for Grading) of the CVMC exist, and that approval of the permit will not result in an over concentration of such facilities. Over concentration may be found to exist based on: 1) the number and location of existing facilities; 2) compliance with State Alcohol Beverage Control over concentration standards in effect at the time of project consideration; 3) the impact of the proposed facility on crime; and, 4) the impact of the proposed facility on traffic volume and traffic flow. The Police Department or other appropriate City departments may provide evidence at the hearing. A permit to operate may be restricted by any reasonable conditions including but not limited to limitations on hours of operation. d. The City Clerk shall inform the City Council of the decision on each such permit when the decision is filed in accordance with Section 19.14.090 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit - Public Hearing Procedure - Finding of Facts). The decision of the Zoning Administrator may beappealed. e. Such appeal shall be directed to the City Council, rather than the Planning Commission, and must be filed within 10 business days after the decision if filed with the City Clerk, as provided in Section 19.14.100 of the CVMC. (Administrative Procedures, Conditional Uses and Variances: Conditional Use Permit– Appeals Procedure Generally.) If appealed within the time limit, said appealshall be considered in a public hearingconducted by the City Council, in the same manner as other appeals pursuant to Sections 19.14.120 and 19.14.130 of the CVMC (Administrative Procedures, Conditional Uses and Variances: sections .120 – Conditional Use Permits – Appeal - City Clerk - Duties and section .130 – Conditional Use Permits – Appeal - City Council Action – Resolution) of the CVMC, except that the Council must make the same written findings required of the Zoning Administrator herein, in order to grant the permit. 2. Variances The Zoning Administrator shall be authorized to grant variances for limited relief in the case of: a. Modification of distance or area regulations. b. Additions to structures, which are nonconforming as to side yard, rear yard or lot coverage, providing the additions meet the requirements of the zoning ordinance affecting the property. c. Walls or fences to exceed heights permitted by ordinances. Modifications requested in said applications for relief to be administered with the requirement for a public hearing shall be limited to deviations not to exceed 25% of the requirements imposed by ordinances. 3. Site, Architectural and Landscape Plan Approvals Page 104 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 46 The Zoning Administrator shall be empowered to grant site plan, architectural plan and landscape plan approval as provided herein. 4. Performance Standard Procedure The Zoning Administrator shall be authorized to issue a zoning permit for uses subject to performance standards procedures, as provided herein. 5. Home Occupations The Zoning Administrator shall be authorized to grant permits for home occupations, as defined and regulated in Section 19.14.490 of the CVMC (Administrative Procedures, Conditional Uses and Variances: Home Occupations Permit Required when – Restrictions and Requirements). 6. Design Review The Zoning Administrator (ZA) has the discretion, with the concurrence of the applicant, to act in the place of the Planning Commission (PC) in the case of minor projects, including new construction or additions to signs, commercial, industrial, or institutional projects which constitute less than a 50% increase with a total floor area of 20,000 square feet or less, any multi-family residential projects of ten units or less. A decision of the Zoning Administrator may be appealed to the City Council Planning Commission as set forth in Section 19.14.583 588 (Planning CommissionDesign Review – Appeal Procedure) of the CVMC. a. Legal description, legend, scale, north arrow, vicinity map and identification of designer. b. The boundary lines of subject property fully dimensioned together with the name and dimensions of adjoining streets. c. Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations and percent of slope on streets, driveways and other graded areas. d. Existing and proposed streets, utilities and easements e. Access: Pedestrian, vehicular and service, points of ingress and egress, with driveway locations and dimensions. f. Loading and trash areas, walls and/or fences (including height). g. Proposed location, height and dimensions of buildings, including color and materials on all elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. h. Parking layout, including dimensions, number of stalls and circulation flow. I. Location, height and size of signs proposed on the property. Page 105 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 47 j. All Landscape Areas: Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on the site shall be identified with a note as to proposed disposition. k. Lighting, including the location, type and hooding devices to shield adjoining properties. l. Location and design of recreational areas. The Zoning Administrator shall determine from data submitted whether the proposed use will meet the development standards and design guidelines established in the e Design Plan, and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted or may be approved subject to conditions, specific changes or additions. The approval of the Zoning Administrator shall be noted by endorsement upon two copies of all sketches. In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific case any or all of the following principles as may be appropriate: a. It is not a purpose of this section to control design character so rigidly that individual initiative is stifled in the layout of any particular building or site and substantial additional expense incurred; rather, it is the intent of this division that any control exercised be the minimum necessary to achieve the over-all objective of the Freeway Commercial SPA plan and associated regulatory documents. b. The siting of any structure on the property, as compared to the siting of other structures in the immediate neighborhood, shall be considered. c. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set herein. d. Landscaping as provided in accordance with the Freeway Commerci al SPA Plan and associated regulatory documents shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible. e. Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety. 7. Substantial Conformance: The Zoning Administrator may determine if a variation in an application from an adopted SPA document or statistic is in substantial conformance to the adopted document, subject to the findings below and providing the statistical variation is less than ten percent. Zoning Administrator - Required Findings: a. That the proposed project or use is consistent with the Chula Vista General Plan and adopted policies of the city; Page 106 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 48 b. That the proposed project or use is consistent with, or found to be in substantial conformance with, the SPA Plan, the purpose and intent of these Planned Community District Regulations, and the Design Plan; c. That the proposed project or use will not, under circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity; and, d. That the proposed project or use is consistent with the principles and overall quality of design established for the Otay Ranch Planned Community. 8. Modification to Existing Approvals (Substantial Conformance Review) The Zoning Administrator shall have the authority to approve modifications to previously approved Design Review applications if one or more of the changes listed below are proposed: 1) An increase in density, provided the resulting density does notexceed the maximum allowed by the land use district; 2) A change in setbacks or lot coverage; 3) A change in building height; 4) A change in the type and/or location of access-ways, drives or parking areas; 5) A reduction of the area reserved for common open space; or 6) Change to a condition of approval. Modification Approval Criteria. The Zoning Administrator approves, denies, or approves with conditions an application for modification based on written findings that the modification is in compliance with all applicable standards of the SPA Plan and Master Precise Plan in effect at the time of the current land use submittal; or is in substantial conformance with the adopted SPA document if the variation from the applicable standard is less than ten percent; and continues to comply with the conditions of approval in the original decision. The scope of review is limited to the modification request and does not open the entire site up for additional review. In regard to applications on any of the aforementioned subjects, the Zoning Administrator shall set a reasonable time for the consideration of the same and give notice thereof to the applicant and to other interested persons as defined in the Chula Vista Municipal Code. In the event objections or protests are received, the Zoning Administrator shall set the matter for public hearing as provided herein. C. PLANNING COMMISSION The Planning Commission shall review applications or conditional use permits and shall Page 107 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 49 approve, conditionally approve or deny such plans. In cases which the application meets the criteria of Section VI.B.1 above, the application shall be directed to the Zoning Administrator. The Planning Commission shall review all appeals filed to contest sign design rulings of the Zoning Administrator. The Planning Commission shall make its findings and action upon the provisions of the Otay Ranch General Development Plan, Freeway Commercial Sectional Planning Area Plan, Planned Community District Regulations, Design Plan and other associated regulatory documents. D. PLANNING COMMISSION - APPEALS PROCEDURE Decision of the Planning Commission may be appealed to the City Council within 10 businessworking days after the decision is filed with the City Clerk. Further procedures regarding appeals shall follow the provisions within CVMC Section 19.14.588. The appeal shall be in writing and filed in triplicate with the Development Services Department on forms prescribed for the appeal and shall specify therein the argument against the decision of the Planning Commission. If an appeal is filed within the time limit specified, it automatically stays proceedings in the matter until the City Council makes a determination. Upon the hearing of such appeal, the Planning Commission may, by resolution, affirm, reverse or modify, in whole or in part, any determination of the Planning Commission. Additionally, tThe resolution must contain a Finding of Facts showing wherein the project meets or fails to meet the requirements of this Chapter and the provisions of the Otay Ranch General Development Plan, Sectional Planning Area Plan, Planned Community District Regulations, Design Plan and other associated regulatory documents. E. SITE PLAN & ARCHITECTURAL APPROVAL The purpose of site plan and architectural approval is only to determine compliance with the Freeway Commercial Sectional Planning Area Plan, Planned Community District Regulations, Design Plan, and associated regulatory documents. A Building Permit shall not be issued until site plan and architectural approval has been obtained for any land use requiring site plan and architectural approval. A site plan and architectural approval application shall be accompanied by the following plans. Additional plans or information may be necessary to enable the Zoning Administrator to make the determinations for these applications. 9. Legal description, legend, scale, north arrow, vicinity map and identification of designer. 10. The boundary lines of subject property fully dimensioned together with the name and dimensions of adjoining streets. Page 108 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 50 11. Existing topography and proposed grading plan showing, slope, retaining walls, pad elevations and percent of slope on streets, driveways and other graded areas. 12. Existing and proposed streets, utilities and easements. 13. Access: Pedestrian, vehicular and service points of ingress and egress, with driveway locations and dimensions. 14. Loading and trash areas, walls and/or fences (including height). 15. Proposed location, height and dimensions of buildings, including color and materials on all elevations. The floor area, number of stories, number of units and bedrooms (when applicable) shall be given. Proposed uses shall be indicated including floor area devoted to each use. 16. Parking layout, including dimensions, number of stalls and circulation flow. 17. Location, height and size of signs proposed on the property. 18. All Landscape Areas: Such areas shall be defined with a written proposal outlining the landscaping concept, as well as the proposed method of irrigation. In addition, all existing trees on the site shall be identified with a note as to proposed disposition. 19. Lighting, including the location, type and hooding devices to shield adjoining properties. 20. Location and design of recreational areas. 21. The Zoning Administrator shall determine from data submitted whether the proposed use will meet the development standards and design guidelines established in the Freeway Commercial Planned Community District Regulations and Design Plan and shall approve the application upon making a positive finding. The application may be disapproved, may be approved as submitted or may be approved subject to conditions, specific changes or additions. The approval of the Zoning Administrator shall be noted by endorsement upon two copies of all sketches. In carrying out the purpose of this division, the Zoning Administrator shall consider in each specific case any or all of the following principles as may be appropriate: a. It is not a purpose of this section to control design character so rigidly that individual initiative is stifled in the layout of any particular building or site and substantial additional expense incurred; rather, it is the intent of this division that any control exercised be the minimum necessary to achieve the over-all objective of the Freeway Commercial SPA plan and associated regulatory documents. b. The siting of any structure on the property, as compared to the siting of other Page 109 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 51 structures in the immediate neighborhood, shall be considered. c. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures shall be reviewed. No sign shall be approved in excess of the maximum limits set herein. d. Landscaping is provided in accordance with the Freeway Commercial SPA Plan and associated regulatory documents shall be required on the site and shall be in keeping with the character or design of the site and existing trees shall be preserved whenever possible. e. Ingress, egress and internal traffic circulation shall be so designed as to promote convenience and safety. F. SITE PLAN & ARCHITECTURAL - APPEALS Appeals from determinations by the Zoning Administrator shall be to the Planning Commission, upon written request for a hearing before the Commission. Further procedures regarding appeals shall follow Further procedures shall follow the provisions within CVMC Section 19.14.588. In the absence of such request being filed within seven days after determination by the Administrator, the determination shall be final. The appealshallbe filed with the Development Services Department on the form required by the City and be accompanied by the non -refundable Required Fee. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised before the Zoning Administrator. Upon the proper filing of the appeal, the Development Services Director shall cause the matter to be set for public hearing, giving the same notice as required in Sections 19.12.070 and 19.12.080 of the CVMC (19.12 Legislative Zoning Procedures: .070 = Hearings - Notices Required - Methods and Additional Contents Of Notice and .080 = Hearings - Notice Required – Contents). Upon the hearing of an appeal, the Planning Commission may by resolution, affirm, reverse or modify, in whole or in any part, any determination of the Zoning Administrator. The resolution shall contain Findings of Facts showing wherein the project meets or fails to meet any applicable site plan and architectural principles or development standards and design guidelines established in the Freeway Commercial Sectional Planning Area plan and Village Design Plan. A copy of the decision resolution of the Planning Commission shall be filed with the City Clerk and mailed to the applicant. The decision of the Planning Commission shall be final on the eleventh day after its filing, except where further appeal is taken as provided herein. The applicant or other interested person may appeal the decision of the Planning Commission granting or denying site plan and architectural approval to the City Council within 10 days after said decision is filed with the City Clerk. Said appeal shallbe filed with the City Clerk in writing upon forms provided by the City and be accompanied by the non -refundable Required Fee therefore. The appeal shall include a statement of the reasons supporting the appeal, including a demonstration that any issues being raised were raised during the public hearing. If a proper Page 110 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 52 appeal is filed within the time limits specified, it automatically stays proceedings in the matter until a determination is made by the City Council on the appeal. After hearingthe appeal, the City Council may, by resolution, affirm reverse or modify, in whole or in any part, any determination of the Zoning Administrator or the Planning Commission. The Councilresolution bywhich the appeal is decidedshallcontain Findings of Facts showingwherein the project meets or fails to meet the applicable site plan and architectural principles in Section 19.14.470 of the CVMC (Administrative Procedures,Conditional Uses and Variances - Site Plan and Architectural Approval– Principles to be Observed), the provisions of the Design Manual, any design standards required for the project, or other non-conformity with the requirements of this Chapter. A copy of the decision resolution of the City Council shall be filed with the City Clerk and mailed to the applicant. G. CONDITIONAL USE PERMIT The granting of a Conditional Use Permit is an administrative act to authorize permitted uses subject to specific conditions because of the unusual characteristic or need to give special consideration to the proper location of said uses in relation to adjacent uses, the development of the community and to the various elements of the general plan. The purpose of this section is to set forth the findings necessary for such administrative action and to establish a procedure for granting Conditional Use Permits. After the public hearing, the Planning Commission or the Zoning Administrator may, by resolution, grant a Conditional Use Permit if the Planning Commission or the Zoning Administrator finds from the evidence presented at said hearing that all of the following facts exist: 22. That the proposed use at the particular location is necessary or desirable to provide a service or facility which will contribute to the general wellbeing of the neighborhood or the community. 23. That such use will not, under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity, or injurious to property or improvements in the vicinity. 24. That the proposed use will comply with the regulations and conditions specified in this code for such use. 25. That the granting of this conditional use will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The Planning Commission or the Zoning Administrator shall make a written finding which shall specify facts relied upon in rendering said decision and attaching such conditions and safeguards as deemed necessary and desirable not more than 10 business days following the decision of the Commission or the Zoning Administrator and shall fully set forth wherein the facts and circumstances fulfill or fail to fulfill the requirements. A copy Page 111 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 53 of this written Finding of Facts shall be filed with the City Clerk, with the Development Services Director and mailed to the applicant. The decision of the Planning Commission or Zoning Administrator shall be final on the eleventh day following its filing in the office of the City Clerk, except where appeal is taken as provided herein. H. CONDITIONAL USE PERMIT - APPEALS The applicant or other interested party may appeal the decision of the Zoning Administrator to the Planning Commission within 10 business days. Further procedures regarding appeals shall follow the provisions within CVMC Section 19.14.588.aftersaid decision is filed with the City Clerk. Said appeal shall be in writing and filed in triplicate with the Development Services Department on forms provided by said department and shall specify wherein there was an error in the decision of the Zoning Administrator. If an appeal is filed within the time limit specified, it stays proceedings in the matter until the Planning Commission makes a determination. Where the Planning Commission denies an application by less than four votes, the applicant shallhave the right to either a rehearingatthe next Planning Commission meetingor an appealto the City Council without payment of additional fees. The choice of alternatives shall be discretionary with the applicant. All other proceedings pertaining to appeals shall continue to apply. I. VARIANCE The granting of a Variance is an administrative act to allow a variation from the strict application of the adopted Freeway Commercial development regulations of the particular zone, and to provide a reasonable use for a Neighborhood of property having unique characteristics by virtue of its size, location, design or topographical features, and its relationship to adjacent or surrounding properties and developments. The purpose of the Variance is to bring a particular Neighborhood up to parity with other property in the same zone and vicinity insofar as a reasonable use is concerned, and it is not to grant any special privilege or concession not enjoyed by other properties in the same zone and vicinity. The Variance may not be used to correct improper zoning. It is the purpose of this section to set forth the findings necessary for such administrative action and to establish a procedure for granting variances. In no case shall a Variance be granted to permit a use other than a use permitted in the district in which the subject property is situated. The Zoning Administrator shall grant a Variance only when the following facts are found: That a hardship peculiar to the property and not created by any act of the owner exists. Said hardship may include practical difficulties in developing the property for the needs of the owner consistent with the regulations of the zone; but in this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations are not hards hips justifying a Variance. Further, a previous Variance can never have set a precedent, for each case must be considered only on its individual merits. 26. That such Variance is necessary for the preservation and enjoyment of substantial Page 112 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ADMINISTRATIVE PROCEDURES, CONDITIONAL USES &VARIANCES 54 property rights possessed by other properties in the same zoning district and in the same vicinity, and that a Variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbor. 27. That the. authorizing of such Variance will not be of substantial detriment to adjacent property and will not materially impair the purposes of these regulations or the public interest. 28. That the authorizing of such Variance will not adversely affect the general plan of the City or the adopted plan of any governmental agency. J. VARIANCE - APPEALS The applicant or other interested persons may appeal the decision of the Zoning Administrator to the Planning Commission within 10 business days after the decision is filed with the City Clerk. Further procedures regarding appeals shall follow the provisions within CVMC Section 19.14.240. and the hearing on said appeal shall be processed by the Planning Commission in the same manner as a Conditional Use Permit within the original jurisdiction of the Planning Commission. The applicant or other interested persons shall have the same right of appeal from any determination of the Planning Commission in such instances as set forth in Sections 19.14.110 through 19.14.130 of the Chula Vista Municipal Code (Administrative Procedures, Conditional Uses and Variances: .110 = Conditional Use Permit – Appeals Form – Contents – Effects of Filing, .120 = Conditional Use Permit – Appeals – City Clerk Duties and .130 = Conditional Use Permit – Appeals City Council Action – Resolution) of the Chula Vista Municipal Code. Upon the hearing of such appeal, the City Council may, by resolution, affirm, reverse or modify in whole or in partany determinationof the Planning Commission, subject to the same limitations. The resolution must contain a Findingof Facts showingwhereinthe conditionaluse meets or fails to meet the requirements of CVMC Sections 19.14.080 through 19.14.100 of the CVMC (Administrative Procedures, Conditional Uses and Variances: .080 = conditional use permit - prerequisites for grading, .090 = Conditional Use Permit – Public Hearing Procedure – Finding of Facts and .100 = Conditional Use Permit – Appeals Procedure Generally). Not later than 10 days following the adoption of said resolution, the City Clerk shall transmit a copy of the resolution and finding to the Development Services Director and shall mail a copy to the applicant. Any Conditional Use Permit or Zone Variance granted by the City as herein provided shall be utilized within one year after the effective date thereof. A Variance or Conditional Use Permit shall be deemed to be utilized if the property owner has substantially changed his/her position in reliance upon the grant thereof. Evidence of change of position would include completion of construction or any expenditures of money by the property owner preparatory to construction and shall also include the use of the property as granted. If there has been a lapse of work for the three months after commencement, the Conditional Use Permit or Zone Variance shall be void. Page 113 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENFORCEMENT 55 The Commission may, by resolution, grant an extension of time contained in a currently valid Zone Variance or Conditional Use Permit without a public hearing upon appeal of the property owner, provided that there has been no material change or circumstances since the granting of the Variance or Conditional Use Permit which would be injurious to the neighborhood or otherwise detrimental to the public welfare. VII. Exceptions & Modifications A. HEIGHT LIMITATION EXCEPTIONS Height limitations stipulated in these regulations shall not apply to the following unless specifically stated: 1. Spires, belfries, cupolas and domes, monuments, flagpoles, masts and aerials, or to parapet walls extending not more than four feet above the limiting height of the building; 2. Places of public assembly in permitted public and semi-public buildings, provided that these uses are located on the ground floor of such buildings, and provided further, that for each one foot by which the height of such building exceeds the maximum height otherwise permitted in the district, its side and rear yards shall be increased in width or depth by an additional foot over the side and rear yards required for the highest building otherwise permitted in the district; 3. Bulkheads, elevator and stair penthouses, provided no lineal dimension of any such structure exceeds fifty percent of the corresponding street lot line frontage; or towers and monuments; provided however, that no such structures above the heights otherwise permitted in the district occupy more than twenty-five percent of the area of the lot and are no less than twenty-five feet from any lot line which is not a street lot line. B. PROJECTIONS INTO REQUIRED YARD PERMITTED Certain architectural features may project into required yards or courts as follows: 4. Cornices, canopies, eaves or other architectural features may project a distance not exceeding four feet into any front or rear yard and forty percent into any side yard to a maximum of four feet. In the case of a side yard which is less than five feet, a two- foot projection is permitted, provided that such projection does not extend closer than one foot to the property line; 5. Fire escapes may project a distance not exceeding four feet, six inches; 6. An uncovered stair and any necessary landings may project a distance not to exceed six feet, provided such stair and landing shall not extend above the first floor of the building except for a railing not exceeding three feet in height; Page 114 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENFORCEMENT 56 7. An open, unenclosed stairway not covered by a roof or canopy may extend or project into a required rear or side yard not more than three feet. VIII. ENFORCEMENT A. ENFORCEMENT BY CITY OFFICIALS The City Council, City Attorney, City Manager, City Engineer, Director of Public Works, Fire Chief, Chief of Police, Director of Building & Housing, Director of Parks and Recreation, Planning Director, City Clerk and all officials charged with the issuance of licenses or permits shall enforce the provisions of these regulationsthis ordinance. Any permit, certificates or license issued in conflict with the provisions of these regulations this ordinance shall be void. B. ACTIONS DEEMED NUISANCE Any building or structure erected hereafter, or any use of property contrary to the provisions of a duly-approved Design Review, Site Plan, Variance, Conditional Use Permit, or Administrative Review and/or these regulations this ordinance shall be declared to be unlawful and a public nuisance per se and subject to abatement in accordance with local ordinance. C. REMEDIES All remedies concerning these regulations this ordinance shall be cumulative and non- exclusive. The conviction and punishment of any person hereunder shall not relieve such persons from the responsibility of correcting prohibited conditions or removing prohibited buildings, structures, signs or improvements, and shall not prevent the enforced correction or removal thereof. D. PENALTIES Any person, partnership, organization, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of these regulations this ordinance or violating or failing to comply any order or regulation made hereunder, shall be guilty of an infraction and, upon conviction thereof, shall be punishable as provided by local ordinance. Page 115 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Development Services Department Planning Division Development Processing List the names of all persons having a financial interest in the project that is the subject of the application, project or contract (e.g., owner, applicant, contractor, subcontractor, material supplier). If any person* identified in section 1. above is a corporation or partnership, list the names of all individuals with an investment of $2000 or more in the business (corporation/partnership) entity. If any person* identified in section 1. above is a non-profit organization or trust, list the names of any person who is the director of the non-profit organization or the names of the trustee, beneficiary and trustor of the trust. Please identify every person, including any agents, employees, consultants, or independent contractors, whom you have authorized to represent you before the City in this matter. Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, had any financial dealings with an official** of the City of Chula Vista as it relates to this contract, project or application within the past 12 months? Yes No If yes, briefly describe the nature of the financial interest the official** may have in this contract. 1. 2. 3. 4. 5. Disclosure Statement Pursuant to City Council Policy 101-01, prior to any action on a matter that requires discretionary action by the City Council, Planning Commission or other official legislative body of the City, a statement of disclosure of certain ownerships, financial interest, payments, and campaign contributions must be filed. The following information must be disclosed: 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 4of9 APPLICATION APPENDIX B Form 320 Rev 07.14 PA-12A, LLC N/A X Al Baldwin Village II Town Center, LLC, the sole member of PA-12A, LLC The Estate of Deeann Baldwin Page 116 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Development Services Department Planning Division Development Processing Disclosure Statement - Page 2 Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, made a campaign contribution of more than $250 within the past (12) months to a current member of the City of Chula Vista Council ? Yes No if yes which council member? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, provided more than $420 (or an item of equivalent value) to an official** of the City of Chula Vista in the past (12) months? (This includes any payment that confers a personal benefit on the recipient, a rebate or discount in the price of anything of value, money to retire a legal debt, gift, loan, etc.) Yes No If yes, which official** and what was the nature of the item provided? Has any person *identified in 1., 2., 3., or 4., above, or otherwise associated with this contract, project or application, been a source of income of $500 or more to an official** of the City of Chula Vista in the past (12) months? Yes No If yes, which official** and the nature of the item provided? Date Signature of Contractor/Applicant Print or type name of Contractor/Applicant Person is identified as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any other group or combination acting as a unit. official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission or committee of the City, and City employee or staff members. This disclosure Statement must be completed at the time the project application, or contract, is submitted to City staff for processing, and updated within one week prior to consideration by legislative body. Last Updated: March 16, 2010 6. 7. 8. * ** *** 276 Fourth Avenue Chula Vista California 91910 (619) 691.5101 5of9 APPLICATION APPENDIX B Form 320 Rev 07.14 X X X 4/4/2023 Maria Miller, AICP Page 117 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE Agreement: Approve a First Amendment to the Acquisition/Financing Agreement Relating to California Municipal Finance Authority’s Community Facilities District No. 2021-11 (Otay Ranch Village 8 West) and Authorize Related Actions Report Number: 24-0032 Location: Otay Ranch Village 8 West Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt a resolution approving the first amendment to the Acquisition/Financing Agreement for California Municipal Financing Authority (“CMFA”) Community Facilities District 2021-11 (City of Chula Vista - Otay Ranch Village 8 West) and related actions. SUMMARY The Acquisition/Financing Agreement dated October 1, 2021 for CFD No. 2021-11 Otay Ranch Village 8 (“Acquisition Agreement”) is a three-party agreement between the City of Chula Vista, CMFA and HomeFed Village 8, LLC (“Developer”) (Attachment 1). The purpose of the Acquisition Agreement is to establish the policies and procedures under which CFD No. 2021-11 (City of Chula Vista – Otay Ranch Village 8 West) (the “Village 8 West CFD”) may acquire public improvements constructed by the Developer as well as pay development impact fees to the City. The City and the Developer have identified several changes to the Agreement that are mutually desirable. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposed activity consists of governmental fiscal/administrative activity which does not result Page 118 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 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. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Background The Bond Opportunities for Land Development Program (the “BOLD Program”) is a program offered by the California Municipal Finance Authority(“CMFA”) to provide its members a means to accommodate formation of community facilities districts (“CFDs”) and bonding within their jurisdiction. On August 10, 2021, the City Council authorized the use of the BOLD Program and authorized CMFA to form CFDs within the boundaries of the City. Subsequently, on August 10, 2021, at the request of the Developer of the Otay Ranch Village 8 West development project (the “Village 8 West”), the City Council authorized the formation of the Village 8 West CFD. The Village 8 West CFD is authorized to finance capital improvements to be constructed by the Developer and acquired by the City (“Acquisition Improvements”). Additionally, Developer is obligated to pay certain development impact fees (“City Fees”) to be paid to and then used by the City to pay for constructing additional capital improvements (“City Infrastructure”) and, together the City Fees and Acquisition Improvements (the “Facilities”) are authorized to be financed under the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”). The City, CMFA, and the Developer entered into the Acquisition Agreement, which took effect on October 1, 2021. The Acquisition Agreement set forth the terms and conditions pursuant to which the Acquisition Improvements may, upon completion of the construction thereof, be acquired by the City using proceeds of Special Tax Bonds (the “Bonds”). The Acquisition Agreement has additional terms and provisions relating to the City Fees. CMFA issued the Bonds in 2022. City staff, CMFA, and Developer have determined that it is prudent to amend the Acquisition Agreement to more clearly delineate how proceeds of the Bonds should be segregated to pay for each component of the Facilities. Tonight’s action will consider the adoption of a resolution approving the first amendment to the Acquisition Agreement (Attachments 2 and 3). On October 24, 2023, the City Council discontinued future participation in the BOLD program by adopting Resolution No. 2023-171. However, the Village 8 West CFD was financed through BOLD prior to the City’s discontinuation in the BOLD program. Village 8 West Otay Ranch Village 8 West, located generally in the vicinity of La Media Parkway and Main Street, is a 300- acre site with residential and commercial land uses, community purpose facilities, a community park, town square, a neighborhood park, open space and preserve areas. Page 119 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 The project’s approved tentative map allows 2,334 residential units. Residences will include affordable apartments, market rate apartments, town homes, triplexes, clustered motor court detached homes, and conventional single-family detached homes. Commercial uses will range from a low of 117,000 square feet of building space to as much as 300,000 square feet. Construction commenced in late 2018 and approximately 1,500 units have been built to-date. CMFA Bonds and Amendment to the Acquisition Agreement In July of 2022, CMFA issued its first series of Bonds in the amount of $39,380,000. Of this amount, $34,316,719 was deposited in the Project Fund. Amounts on deposit in the Project Fund are available to pay for the Facilities, upon CMFA providing a requisition to the trustee for the Bonds for costs incurred. City staff, CMFA, and Developer recommend amending the Acquisition Agreement in order to allocate the proceeds of the Bonds to specific accounts, in order to better track the portion of the Bond proceeds allocable to the Acquisition Improvements and the portions allocable to City Fees. The First Amendment to Acquisition/Financing Agreement (the “Amendment”) will accomplish this goal, as well as provide clarifications to the Acquisition Agreement. Some of the most significant actions accomplished by the Amendment are set forth below: 1. Amends Exhibit B of the Acquisition Agreement to identify each discrete phase of construction of Acquisition Improvements, 2. Clarifies the procedure for Developer to be reimbursed for Acquisition Improvements, 3. Directs the trustee for the Bonds to amend the indenture for the Bonds to establish three separate accounts within the Project Fund – the City Construction Account, the DIF Acquisition Account, and the Non-DIF Acquisition Account: a. The trustee will transfer $8,000,000 to the City Construction Account to be used for City Infrastructure b. The trustee will transfer $18,200,000, less amounts already disbursed to Developer, to be used for Acquisition Improvements including La Media Parkway and Main Street c. The trustee will transfer the remaining funds in the Project Fund to the Non-DIF Acquisition Account, to be used toward Avenida Caprise. Next Steps Approval of the Resolution would approve the form of the Amendment. Upon approval, the Amendment will be executed, and CMFA and the trustee for the Bonds will amend the Bonds’ indenture to effectuate the direction set forth in the Amendment. 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. Page 120 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4 CURRENT-YEAR FISCAL IMPACT There is no current-year fiscal impact to the General Fund or the Development Services Fund as a result of this action. All expenses incurred by the City in considering participation in the BOLD Program and the Amendment will be reimbursed from a deposit made by the Developer. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. The City is not liable to repay the Bonds issued by CMFA or the special taxes imposed on the participating properties within the Village 8 West CFD, and the City has no contractual relationship with Bond owners or the Bond trustee. The Bonds are issued through CMFA, with no involvement of the City other than the duties under related agreements. The Developer has made a deposit to cover the City’s expenses in the formation of the Village 8 West CFD, approval of the Acquisition Agreement, Amendment and related actions. Execution and implementation of the Amendment will result in $8,000,000 from Bond proceeds deposited into a separate account available to pay for City Infrastructure. ATTACHMENTS 1. Acquisition/Financing Agreement 2. First Amendment to Acquisition/ Financing Agreement 3. Attachment No. 2 to Acquisition/Financing Agreement Staff Contact: Kim Elliott, Facilities Financing Manager Laura C. Black, AICP, Director of Development Services Page 121 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\42037372.1 1 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO ACQUISITION/FINANCING AGREEMENT RELATING TO CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2021-11 (CITY OF CHULA VISTA – OTAY RANCH VILLAGE 8 WEST) AND AUTHORIZING RELATED ACTIONS WHEREAS, the City of Chula Vista (the “City”) is a municipal corporation and charter city duly organized and existing under and pursuant to the Constitution and the laws of the State of California (the “State”) and has previously authorized the use of the California Municipal Finance Authority’s (“CMFA”) Bond Opportunities for Land Development Program (the “BOLD Program”) to allow the owners of property to be developed within the City to participate in the BOLD Program subject to the approval of the City Council of the City (the “City Council”); and WHEREAS, at the request of HomeFed Village 8, LLC (“HomeFed”), the master developer of the Otay Ranch Village 8 West development project (the “Project”), the City Council of the City has authorized the formation of the California Municipal Finance Authority Community Facilities District No. 2021-11 (City of Chula Vista – Otay Ranch Village 8 West) (the “Village 8 West CFD”) through the BOLD Program and the terms and provisions of the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”); and WHEREAS, the Village 8 West CFD is authorized to finance City capital facilities and related costs (the “City Infrastructure”) in satisfaction of certain City development impact fees (“City Fees”) authorized to be financed under the Act and certain City capital facilities to be constructed by or on behalf of HomeFed (“Acquisition Improvements” and with the City Infrastructure and the City Fees, the “Facilities”); and WHEREAS, the City Council previously authorized execution of that certain Acquisition/Financing Agreement by and among the City, CMFA and HomeFed (the “Acquisition Agreement”) to establish the terms and conditions pursuant to which the City Fees may be reimbursed or prepaid and the Acquisition Improvements may, upon the completion of the construction thereof, be acquired by the City through financing provided by the Village 8 West CFD at prices determined pursuant to and in accordance with such agreement , which took effect as of October 1, 2021; and WHEREAS, the City Council now wishes to approve that certain First Amendment to Acquisition/Financing Agreement, by and among CMFA, the City, and HomeFed (“Amendment”), in order to make certain clarifications, changes, and modifications to the Acquisition Agreement, which are in the interest of all parties involved. Page 122 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. 2024- Page No. 2 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that the foregoing recitals are correct and are incorporated herein by this reference, and that the form of Amendment as presented to the City Council and on file with the City Clerk is hereby approved. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the City Manager and such other official or officials of the City as may be designated in writing by this City Council (each, an Authorized Officer” and together, the “Authorized Officers”) are each authorized to execute the Amendment for and on behalf of the City with such changes thereto as such Authorized Officer, following consultation with the City Attorney and Best Best & Krieger LLP, deem to be in the best interests of the City. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that the Authorized Officers and other officers, employees and agents of the City, are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessary or advisable in order to consummate the transactions herein authorized and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that all actions heretofore taken by the Authorized Officers and other officers, employees and agents of the City with respect to CMFA, the BOLD Program and the Village 8 West CFD and the matters described herein are hereby approved, confirmed and ratified. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that this Resolution shall take effect immediately upon its adoption. Prepared by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 123 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 1 ACQUISITION/FINANCING AGREEMENT CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2021-11 CITY OF CHULA VISTA – OTAY RANCH VILLAGE 8 WEST) THIS ACQUISITION/FINANCING AGREEMENT (the “Agreement”), dated as of October 1, 2021 (the “Effective Date”), is made and entered into by and between the CITY OF CHULA VISTA, a chartered municipal corporation duly organized and validly existing under the Constitution and laws of the State of California, (the “City”), the CALIFORNIA MUNICIPAL FINANCE AUTHORITY (the “Authority”), on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2021 11 (City of Chula Vista Otay Ranch Village 8 West), a community facilities district formed and existing pursuant to the laws of the State of California (the “CFD”), and HOMEFED VILLAGE 8, LLC, a Delaware limited liability company (the “Developer”). WHEREAS, the Developer is the master developer of the property depicted in Exhibit “A” attached hereto and incorporated herein by this reference (the “Property”) and Developer has obtained certain land use entitlements from the City which permit the development of the Property as entitled, (the “Development Project”); and WHEREAS, as a part of the development of the Development Project, the Developer has caused, or will cause to be constructed certain public improvements to serve the Development Project that will be owned, operated or maintained by the City, including the improvements identified in Exhibit “B” attached hereto and incorporated herein by this reference (the Acquisition Improvements”); and WHEREAS, in connection with the development of the Development Project, certain City capital improvement fees described in Exhibit “B” hereto (the “City Fees”) are required to be paid and then used by the City to pay the costs of constructing or acquiring capital improvements to be owned, operated or maintained by the City (“City Infrastructure” and with the City Fees and Acquisition Improvements, the “Facilities”), including financing costs and program administration costs; WHEREAS, the Developer requested that the City consider and the City did consider authorizing the Authority to form the CFD under the terms and conditions of the “Mello-Roos Community Facilities Act of 1982,” as amended (Government Code Section 53311 and following) the “Act”), for the purpose of financing the acquisition or construction of the Facilities; and WHEREAS, pursuant to its Resolution Nos. 2021-148, 2021-149 and 2021-183 (the Resolutions”), the City Council authorized the City’s participation in the Authority’s program, the Authority’s formation of the CFD and the execution of this Agreement; and WHEREAS, on October 8, 2021, the governing board of the Authority adopted Resolution No. 21-287 (the “Resolution”) forming the CFD, under the provisions of the Act. The Authority is authorized to levy special taxes upon land within the CFD (the “Special Taxes”) and issue bonds the “Bonds”) in one or more series to provide financing for the Facilities to be owned, operated or maintained by the City. The boundaries of the CFD are illustrated on Exhibit “A” hereto; and ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 R2021-183 Page 124 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 2 WHEREAS, Developer, in order to proceed in a timely way with development of the Development Project, desires to construct the Acquisition Improvements that will, following the completion of the construction thereof, be acquired, owned, operated and/or maintained by the City; and WHEREAS, the City, CFD and Developer agree that the Acquisition Improvements to be constructed by the Developer may, upon the completion of the construction thereof, be acquired by the City through financing provided by the CFD at prices determined pursuant to and in accordance with the provisions of this Agreement; and WHEREAS, the City and the Developer further agree that the Facilities shall be funded solely from (a) the proceeds of the Bonds which shall be issued by the CFD and which shall be secured by the levy of Special Taxes within the CFD and (b) Available Special Taxes (defined below) levied within the CFD; and WHEREAS, it is the intent of this Agreement that Developer shall be entitled pursuant to the provisions of this Agreement to be paid for each of the Acquisition Improvements constructed by or on behalf of the Developer at the prices as determined by the City pursuant to this Agreement upon: (a) the sale and delivery of Bonds by the CFD the proceeds of which shall be authorized and designated to make the payments to acquire such Acquisition Improvements, or the receipt of Available Special Taxes and (b) the completion of the construction of each such Acquisition Improvement; and WHEREAS, the City and CFD are willing to have the CFD finance the Facilities, subject to the requirements of the Act, City Council Policy No. 505-04 (Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts, the “Goals and Policies”) (except those provisions of the Goals and Policies that have been waived in accordance with the Resolutions and this Agreement), and this Agreement and Developer desires that the CFD so finance the Facilities. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Plans and Specifications. All plans, specifications and bid documents for the Acquisition Improvements (the “Plans and Specifications”) and all changes in the Plans and Specifications necessitated by change orders shall be prepared by the Developer at the Developer’s initial expense, subject to City approval. The costs of acquisition of such Acquisition Improvements shall include costs of the preparation of the Plans and Specifications and all related documentation as set forth in Section 7 below. Developer shall not award contracts for construction, commence construction or cause commencement of construction of any Acquisition Improvement until the Plans and Specifications for such Acquisition Improvement have been approved by the City. SECTION 3. Design, Bid and Construction of Improvements. Developer covenants and agrees that each Acquisition Improvement shall be designed, bid and constructed: ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 125 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 3 a) in substantial compliance with the approved Plans and Specifications for such Acquisition Improvement; b) in a good and workmanlike manner by well-trained adequately supervised workers; c) in strict compliance with all governmental and quasi-governmental rules, regulations, laws, building codes and all requirements of Developer’s insurers and lenders; d) free of any known design flaws and defects; and e) except as provided below, in substantial compliance with the requirements of Exhibit “D” hereto which is incorporated herein by this reference. In the event of a protest by a bidder to the award of a contract for the construction of an Acquisition Improvement or Acquisition Improvements to the apparent low bidder, the Developer may, in its sole discretion, elect to: a) award the contract to the apparent low bidder pursuant to the provisions of Exhibit “D” hereto if the Developer has determined that the bid of the apparent low bidder was, in fact, responsive and that the irregularity upon which the protest is based was minor in nature, i.e., the irregularity did not create an unfair competitive advantage for the apparent low bidder; b) reject the bid of the apparent low bidder if the Developer determines that the irregularity upon which the protest is based did create an unfair competitive advantage for the apparent low bidder and the bid of the apparent low bidder was, therefore, not responsive and award the contract to the lowest responsive bidder; or c) reject all bids and solicit new bids for the construction of the applicable Acquisition Improvement or Acquisition Improvements. Should a legal action be filed challenging the validity of the Developer’s decision regarding any such bid protest and/or the award of any contract for the construction of any Acquisition Improvement, the Developer shall, at Developer’s sole expense, defend such action and shall defend, indemnify, and hold harmless the City, its officers, directors, employees and agents and the CFD and Authority and their officers, directors, employees and agents (each, an “Indemnified Party” and collectively, the “Indemnified Parties”). SECTION 4. Inspection and Acceptance of the Acquisition Improvements. The construction activities relating to the Acquisition Improvements to be constructed by the Developer shall be subject at all reasonable times to inspection by authorized representatives of City. Once an Acquisition Improvement to be acquired by City is substantially completed in accordance with the approved Plans and Specifications, then such Acquisition Improvement shall be eligible for payment of the Base Increment of the Purchase Price (as defined in Section 7 below) therefor. Prior to acceptance by the City of any Acquisition Improvement constructed by the Developer for purposes of paying the Retained Increment (as defined in Section 7 below) of the Purchase Price, the Developer shall provide to the City Engineer of the City, or his or her designee ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 126 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 4 the “City Engineer”), the documentation set forth in this Section 4 and Section 7(c)(ii) below and obtain approval of as-built drawings for the Acquisition Improvement in accordance with the process described below in this Section 4. The engineer of record for any such Acquisition Improvement (“Engineer of Record”) shall file form PW-E-106 (Request for Release of Bonds) with the City Engineer. Within 20 working days of such filing, the field inspector of the City or his or her designee (“Field Inspector”) shall issue and transmit to the Engineer of Record a letter requesting (i) as-built drawings and soils reports (when applicable) and (ii) a punchlist of work to be completed or corrections to work to be completed before such Acquisition Improvement will be eligible for payment of the Retained Increment. Within 20 working days of receipt of the Field Inspector’s letter, the Engineer of Record shall prepare redline as-built drawings and submit them, together with any necessary soils reports, to the Field Inspector and the Developer shall complete the items of work and/or corrections specified in the punchlist. Within 10 working days of the Engineer of Record’s submittal of the red lined as-built drawings, the Field Inspector shall review such drawings and provide comments. The Engineer of Record shall revise the redline as -built drawings per the Field Inspector’s comments and resubmit within 10 working days. The Field Inspector shall make his final review within 5 working days of the Engineer of Record’s resubmittal and notify the Engineer of Record to prepare mylar as-built drawings and a microfiche copy and submit both to the City Engineer or his designee and notify the Developer of any punchlist items which remain to be completed. The City and Developer shall make best efforts to perform within the time periods described above. The inability of City or Developer to perform within each time period, notwithstanding its best efforts, shall not constitute a breach of this Agreement. SECTION 5. Warranty of Acquisition Improvements Constructed by the Developer. At all times prior to the City’s acceptance of any Acquisition Improvement constructed by the Developer, the Developer shall be responsible for maintaining such Acquisition Improvement at the Developer’s expense. The Developer shall be obligated for the period of twelve (12) months immediately following the City’s acceptance of such an Acquisition Improvement to repair or replace, at Developer’s expense, any defects or failures resulting from the work of Developer, its contractors or agents. Upon the expiration of such twelve (12) month period, Developer shall assign to the City its rights in and to any warranties, guarantees or other evidence of contingent obligations of third persons with respect to such Acquisition Improvement. As a condition precedent to the payment of the Retained Increment (as defined in Section 7 below) of the Purchase Price, Developer shall post a maintenance bond in a form reasonably approved by the City, cause such a maintenance bond to be posted, or assign Developer’s rights under such a maintenance bond naming the City as beneficiary in an amount equal to fifteen percent (15%) of the Purchase Price of such Acquisition Improvement in order to secure Developer’s obligations pursuant to this Section. Upon posting of such maintenance bond, the City shall release any performance, labor and material bonds for such Acquisition Improvement. SECTION 6. Notice of Completion and Lien Releases. Upon completion of the construction of an Acquisition Improvement, Developer shall notify the City Engineer in writing of such completion and shall prepare and execute a Notice of Completion for such Acquisition Improvement in the form prescribed by Section 3093 of the California Civil Code and shall record such notice in the Official Records of the County of San Diego. Developer shall cause its contractors to provide unconditional lien releases for such Acquisition Improvement in accordance with Section 3262 of the Civil Code. Notwithstanding the foregoing, City may waive the ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 127 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 5 requirement for a Notice of Completion and lien releases if City determines that as of the date of payment of the Retained Increment of the Purchase Price for an Acquisition Improvement, title to such Acquisition Improvement or portion thereof satisfies the requirements for Acceptable Title as hereinafter defined). SECTION 7. Payment of Purchase Price. a) Amount of Purchase Price. The amount to be paid by the CFD for the Acquisition Improvements to be constructed by and acquired from Developer (the “Purchase Price”) shall, as to each such Acquisition Improvement, (i) be determined by City in accordance with the provisions of this Section 7, (ii) equal the lesser of the cost or the value thereof, (iii) include the reasonable cost or value of eligible appurtenant public facilities, (iv) include the costs of the title insurance policy described in Section 9 (a), and (v) include all other costs of construction and incidental costs eligible under the Act and the Goals and Policies as a part of the cost of the Acquisition Improvements. The costs of each Acquisition Improvement to be included in the Purchase Price of such Acquisition Improvement shall include the following: i) the actual hard costs for the construction of the Acquisition Improvement, including labor, materials and equipment costs; ii) the costs of grading related to the Acquisition Improvement; iii) the costs incurred in designing, engineering and preparing the plans and specifications for the Acquisition Improvement; iv) the costs of environmental evaluation and mitigation of or relating to the Acquisition Improvement; v) fees paid to governmental agencies for, and costs incurred in connection with, obtaining permits, licenses or other governmental approvals for the Acquisition Improvement; vi) costs of construction administration and supervision up to one and three quarters percent (1.75%) of the total cost of the Acquisition Improvement; vii) professional costs associated with the Acquisition Improvement, such as engineering, legal, accounting, inspection, construction staking, materials and testing and similar professional services, subject to the limitations established in the Goals and Policies; and viii) costs of payment, performance and/or maintenance bonds and insurance costs directly related to the construction of the Acquisition Improvement. In no event shall the cost or value of the construction of the Acquisition Improvements be deemed to exceed the construction contract prices set forth in the contracts and change orders approved by City (“Approved Change Orders”) pursuant to the applicable provisions of Exhibit ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 128 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 6 D” hereto, which is incorporated herein by this reference, or otherwise authorized pursuant to this Agreement. Notwithstanding anything in this Section to the contrary, the City may elect, by written notice to the Authority and Developer, to have the audit and payment processes described in this Section 7 administered by the Authority’s third party/consultant, rather than City personnel. b) Incremental Payment of Purchase Price of an Acquisition Improvement. The Purchase Price for any Acquisition Improvement constructed by the Developer shall be payable in not to exceed two increments: (i) the “Base Increment” which shall be an amount equal to 75% of the audited, eligible costs as reflected in the written request for payment of the Base Increment submitted by the Developer and as approved by the Director of Development Services of the City, or his or her designee (the “DSD Director”) and shall not exceed 75% of the cost estimate set forth in Exhibit “B” for such Acquisition Improvement; and (ii) the “Retained Increment” which shall be an amount not to exceed the remaining, unpaid portion of the Purchase Price for such Acquisition Improvement determined pursuant to the provisions of (a) above. c) Requisition for Incremental Payment of Purchase Price of an Acquisition Improvement. i) Base Increment. The Developer may submit only one (1) written request to the DSD Director for the payment of the Base Increment for an Acquisition Improvement constructed by the Developer upon the substantial completion of the construction of such Acquisition Improvement in accordance with the approved Plans and Specifications. The criteria for determining “substantial completion” of each such Acquisition Improvement is described in Exhibit “C” and shall mean generally that construction, or work with respect to such Acquisition Improvement has progressed to the point where it is sufficiently complete so that such Acquisition Improvement can be utilized for the purpose for which it was intended. Substantial completion of such an Acquisition Improvement shall also mean that all components of such Acquisition Improvement are substantially complete, e.g., in the case of Acquisition Improvement including streets, the components are described in Exhibit “C.” Each Base Increment payment request must be in the form attached hereto as Exhibit “E,” which is incorporated herein by this reference, and conform to the requirements of (f) below. The request for payment of the Base Increment for an Acquisition Improvement shall be accompanied by a copy of the following documents related to the construction of such Acquisition Improvement: (1) each construction contract and copy of bid notice for such contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5) written conditional lien releases executed by each applicable contractor, subcontractor and materialman in a form satisfactory to the City Attorney of the City (the “City Attorney”) for such Acquisition Improvement. ii) Retained Increment. The Developer may submit only one (1) written request to the DSD Director for the payment of the Retained Increment for an Acquisition Improvement in the form attached hereto as Exhibit “F,” which is incorporated herein by this reference, upon the submission to the City Engineer of (1) as-built drawings or other equivalent plans and specifications for such Acquisition Improvement in a form reasonably acceptable to ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 129 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 7 the City, (2) evidence that the Developer has posted a maintenance bond for such Acquisition Improvement as required by Section 5 hereinabove, (3) evidence of the satisfaction of the requirements of Section 9 hereinbelow directly related to such Acquisition Improvement and (4) written unconditional lien releases from all contractors, subcontractors and materialmen satisfactory to the City Attorney for such Acquisition Improvement. For any costs not included in the Developer’s written request for payment of the Base Increment but requested for payment in the Retained Increment the request shall conform to the requirements of (f) below and also be accompanied by the following documents related to such additional costs of the construction of such Acquisition Improvement if not done so with the written request for payment of the Base Increment: 1) each construction contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, and (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the DSD Director. d) Documentation. Any payment request submitted by Developer shall be properly executed and shall include copies of all supporting documents required by subsection (c)(i) or (c)(ii), as applicable. e) Review of Payment Request for an Acquisition Improvement. The DSD Director shall review each payment request and the supporting documentation accompanying such payment request. If the City DSD Director finds that any such payment request is incomplete, improper or otherwise not suitable for approval, the DSD Director shall inform Developer in writing within twenty (20) working days after receipt thereof, the reasons for his finding. Developer shall have the right to respond to this finding by submitting further documentation after receipt of the denial. The DSD Director shall review any further documentation received from the Developer in support of a payment request and inform Developer of his approval or denial of the payment request as supplemented in accordance with this Section within ten (10) working days after receipt of the supplemental documentation. A resubmittal of a payment request shall be deemed a new payment request for purposes of this Section. Subject to the limitations set forth herein, costs incurred under a construction contract for an Acquisition Improvement entered into pursuant to the requirements of this Agreement and Approved Change Orders shall be deemed to be reasonable and, subject to the other provisions of this Agreement, shall be included in the Purchase Price for such Acquisition Improvement. After his or her approval of each payment request, the DSD Director shall immediately forward a request to the Authority and CFD notifying the Authority and CFD of his or her approval of the payment request and requesting that such payment be made to the appropriate payee. The CFD shall process any such request of the DSD Director pursuant to the applicable procedures of the Authority and shall make or authorize such payment pursuant to such procedures and subsection (h) below. f) Payment. i) Priority of Payment of Purchase Prices for Acquisition Improvements. The City and the Developer acknowledge and agree that the Purchase Prices of all Acquisition ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 130 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 8 Improvements may exceed the aggregate amount of the Bond proceeds and special taxes which will be available for the payment of the Purchase Prices. ii) Timing of the Payment of the Purchase Price for an Acquisition Improvement. Subject to the limitations contained in (i) above and (iii) and (iv) below, the increment of the Purchase Price for each Acquisition Improvement shall be paid to Developer within thirty (30) days after the date of the DSD Director’s approval of the payment request for any such increment; provided, however, no Retained Increment for any Acquisition Improvement shall be paid earlier than thirty five (35) days after the recording of a Notice of Completion for such Acquisition Improvement. iii) Source of Payment. The Purchase Price or any increment thereof for an Acquisition Improvement shall be payable to the Developer from (i) those proceeds of the sale of each series of Bonds deposited in the project fund (the “Project Fund”) established pursuant to the indenture or fiscal agent agreement for the Bonds (the “Indenture”) and (ii) the Special Taxes of the CFD that have been levied directly to pay for Facilities and collected by the CFD, including prepayments allocable to Facilities (the “Available Special Taxes”). The funds deposited in the Project Fund and the Available Special Taxes shall be referred to as the “Available Amount.” iv) Withholding of Payment. In addition to the foregoing, the City shall have the right to withhold approval of a payment request for of the Purchase Price or any increment thereof of any Acquisition Improvement if the DSD Director reasonably determines that the Developer is not then in substantial compliance with all applicable conditions and obligations imposed upon the Developer hereunder or upon the Development Project pursuant to the land use entitlements approved by the City for the Development Project, including but not limited to, payment of all applicable fees, dedication of all applicable rights-of-way or other property and construction of all applicable public improvements. The DSD Director shall provide written notice to the Developer of the decision to withhold any such approval and shall specify the reason for such decision. The notice shall specify such condition or obligation and what action will be necessary by the Developer to substantially comply with such condition or obligation. Upon the determination by the DSD Director that the Developer has substantially complied with the subject condition or obligation, the City shall forthwith provide any approval which has been withheld pursuant to the provisions of this paragraph. SECTION 8. Audit. The authorized representatives of City shall have the right, upon two (2) days prior written notice to Developer and during normal business hours, to review all books and records of Developer pertaining to costs and expenses incurred by Developer in construction of the Acquisition Improvements. SECTION 9. Ownership and Transfer of Acquisition Improvements. The conveyance of the Acquisition Improvements by Developer to City shall be in accordance with the following procedures: a) Acquisition Improvements Constructed on Land not Owned by City. As a condition to the payment of the Retained Increment of the Purchase Price, Developer shall cause an irrevocable ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 131 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 9 offer of dedication to be made to City or an outright grant of a fee interest or easement interest as appropriate, in the sole discretion of the City of the appropriate right, title and interest in and to the portion of the applicable property owned by the Developer related to the applicable Acquisition Improvement, including any temporary construction or access easements. Developer, whether or not it is the entity constructing the Acquisition Improvements, agrees to execute and deliver to the City the documents required to complete the transfer of Acceptable Title for property owned by the Developer upon or within which such Acquisition Improvements are to be located. For purposes of this Agreement, the term “Acceptable Title” shall mean title to the portion of the property to be conveyed free and clear of all taxes, liens, encumbrances, assessments, easements, leases, whether any such item is recorded or unrecorded, except (i) non-delinquent taxes and assessments and (ii) those non-monetary encumbrances and easements which are reasonably determined by the City not to interfere with the intended use of the portion of the property. As a further condition to the payment of the Retained Increment of the Purchase Price for any Acquisition Improvement, Developer at its sole initial cost and expense, subject to reimbursement pursuant to Section 7, shall cause to be issued a policy of title insurance for such p ortion of the property in an amount not to exceed the Purchase Price and in the form normally required by City in connection with the dedication of land for subdivision improvements and containing such title endorsements as may be reasonably requested by City. City’s final acceptance of the portion of the property and the Acquisition Improvements constructed thereon shall not be unreasonably withheld or delayed. SECTION 10. Grading and Subdivision Acquisition Improvement Bonds . Except as provided below, Developer shall be required to post or cause the posting of bonds or other security acceptable to the City to guarantee completion of the Acquisition Improvements in accordance with City’s standard subdivision requirements and conditions of approval of the Development Project (the “Conditions of Approval”). Labor and materials bonds shall also be required to be provided by the Developer’s contractor for all Acquisition Improvements to be constructed under this agreement. Such bonds shall name the City of Chula Vista as additional obligee and shall remain in effect until the final acceptance of the Acquisition Improvements by the City Engineer. The presence of Bond proceeds shall not relieve the Developer of requiring this obligation of the Developer’s contractor. Performance and labor and material bonds for specific Acquisition Improvements shall not be required or may be released if: (1) such Acquisition Improvements constitute a portion of the required subdivision improvements, (2) Bond proceeds equal to 125% of the estimated cost to construct or acquire such Acquisition Improvements are available and set aside for such purpose, and (3) the Acquisition Improvements are to be constructed or acquired entirely with the proceeds of the Bonds. Provided that conditions (1) and (2) are satisfied, if an Acquisition Improvement is to be constructed or acquired only in part with the proceeds of the Bonds, performance and labor and material bonds shall not be required for that portion of the Acquisition Improvements to be so constructed or acquired except with respect to the portion that will not be acquired or constructed with Bond proceeds. In the event that the Bond proceeds that are available and may be set aside to fund the cost to construct or acquire an Acquisition Improvement are less than 125% of the estimated cost thereof, the Developer shall be required to provide a performance and labor and material bond or other security satisfactory to the City Engineer and the City Attorney in the amount of such deficiency. City will cooperate with Developer in the termination or exoneration of any performance and labor and material bonds assuring completion of Acquisition ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 132 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 10 Improvements for which bonds have been sold. The City Engineer shall be the sole judge of determining release of such bonds. SECTION 11. Indemnification by Developer. Developer shall defend, indemnify and hold harmless the City, its elected and appointed officers, agents and employees (the “Indemnified Parties”), from and against any and all claims, losses, liabilities, damages, including court costs and reasonable attorneys’ fees by reason of, or resulting from, or arising out of the design, engineering, solicitation of bids, award of contracts, administration of contracts and construction of the Acquisition Improvements by the Developer, its employees, agents, independent contractors and/or representatives; provided that any claims for personal injury or property damage which relate to the Improvements shall be limited to those arising out of personal injury or property damage caused by actions or omissions by Developer or Developer’s employees, agents, independent contractors or representatives which occurred during the period prior to the transfer of title to the Acquisition Improvements by City, whether or not a claim is fil ed prior to the date of acceptance of the Acquisition Improvements. Nothing in this Section 11 shall limit in any manner the rights of the City against any of the architects, engineers, contractors or other consultants employed by the Developer which has performed work in connection with construction or financing of the Acquisition Improvements. Notwithstanding the foregoing, Developer shall have no obligation to defend, indemnify or hold harmless the Indemnified Parties from and against any claims, liabilities, losses or damages (including court costs and attorneys’ fees) which result from or arise out of the sole negligence or willful misconduct of an Indemnified Party. Except as set forth in this Section 11, no provision of this Agreement shall in any way limit the extent of the responsibility of Developer for payment of damages resulting from the operations of the Developer, its agents, employees or contractors. SECTION 12. Obligation of City. Neither the City nor the CFD has a legal or financial obligation to construct the Acquisition Improvements. All costs incurred for actual construction of the Acquisition Improvements, including all incidentals thereto, shall be borne by Developer, and the obligations of the City and CFD are limited to the acquisition of the Acquisition Improvements pursuant to the provisions of this Agreement. SECTION 13. Failure by Developer to Construct Acquisition Improvements. At any time following commencement of the construction of any Acquisition Improvements by the Developer the City determines that such construction is not progressing within a reasonable time in accordance with the Conditions of Approval or the Developer fails to demonstrate a continuing ability to complete the construction of such Acquisition Improvement in accordance with the Conditions of Approval, the City may give written notice of such failure of performance to the Developer. Developer shall have sixty (60) days from the date of receipt of such notice to either i) cure such failure of performance by demonstrating to the satisfaction of the City during such cure period reasonable progress in the construction of the Acquisition Improvement and a continuing ability to complete the construction of such Acquisition Improvement in accordance with the Conditions of Approval or (ii) reasonably demonstrate that such failure of performance is due to circumstances or conditions beyond Developer’s reasonable control (“Force Majeure”) including, without limitation, the City’s actions, omissions or inaction which result in a delay of performance by Developer, labor disputes, acts of God, war, riots, insurrections, civil commotions, moratoriums, inability to obtain labor or materials or reasonable substitutes for either, fire, unusual ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 133 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 11 delay in transportation, and adverse weather conditions. Should Developer fail to reasonably demonstrate such reasonable progress or such continuing ability to complete the construction of such Acquisition Improvement or Force Majeure, the obligation of the City to pay the Purchase Price for the acquisition of such Acquisition Improvement pursuant to this Agreement may be terminated by the City by providing ten (10) days written notice to the Developer. Upon termination, the City may in its sole discretion then proceed to advertise and bid the balance of the construction of such Acquisition Improvement, and there will be no further obligation on the part of the City for payment of the Purchase Price for such Acquisition Improvement due to Developer pursuant to this Agreement. In the event that the City chooses not to advertise and bid the balance of the construction of any such Acquisition Improvement following such a termination, any monies remaining in the Project Fund and set aside for the acquisition of such Acquisition Improvement shall be transferred to the redemption fund established by the Indenture and used to call outstanding Bonds. SECTION 14. Notice of Special Tax. Developer, or the successor or assigns of the Developer, shall provide written notice to all potential purchasers of lots in the form required pursuant t o Government Code Section 53341.5 and/or such additional requirements as may be established by the City, so advising the potential purchaser of the fact of the CFD, with said document being executed by the potential purchaser. Such notice shall be provided to the potential purchaser a reasonable time before the potential purchaser becomes contractually committed to purchase the property so that the potential purchaser may knowingly consider the impact of the special tax in the decision to purchase the property. A copy of all such notices executed by actual purchasers shall be provided to the DSD Director. SECTION 15. Agreement Contingent. The City may, at its option, suspend the performance of its obligations under this Agreement if any legal challenge is filed relating to the validity or enforceability of this Agreement. The obligations of the City and CFD hereunder shall be reinstated upon the entry of a final judgment in any such proceedings upholding the validity and enforceability of the Agreement. In the event that a final judgment or other final and non- appealable resolution is entered invalidating or declaring unenforceable this Agreement, the City and CFD may, at their option, terminate this Agreement. SECTION 16. Limitation of Aggregate Taxes and Assessments. Owner agrees to include in any future agreement to sell all or any portion of the property to any person or entity for the purpose of constructing and marketing owner-occupied residential dwelling units (each, a “Merchant Builder”) provisions requiring the inclusion of the following “escrow instructions” in all sales by such Merchant Builder to residential home owners. a) At or prior to the close of each such escrow with a residential homeowner, the escrow company shall apply a “calculation formula” previously approved by the DSD Director and deposited with the escrow company by the Merchant Builder to determine the aggregate of all annual ad valorem property taxes, all special taxes authorized to be levied to finance the construction or acquisition of public facilities and all assessment installments authorized to be levied to finance the construction or acquisition of public facilities (the “Total Annual Taxes and Assessments”) applicable to the parcel subject to such escrow (the “Applicable Parcel”). ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 134 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 12 b) If the Total Annual Taxes and Assessments exceed 2% of the sales price of the Applicable Parcel, the Escrow Company will make immediate written demand upon the Merchant Builder for deposit into the escrow of the funds necessary to partially prepay the special tax obligation for the CFD or any other community facilities district so that the Total Annual Taxes and Assessments will thereafter be equal to or less than 2% of the sales price of the Applicable Parcel. Such funds must be received by the escrow company prior to the close of escrow of the sale of the Applicable Parcel. The calculation of the prepayment amount for the CFD shall be in accordance with the method of prepayment of special tax as set forth in the rate and method of apportionment of special taxes approved by the qualified electors of the CFD or the other community facilities district for which the special taxes are being partially prepaid. Upon closing of such escrow, the amount so deposited by the Merchant Builder pursuant to this escrow instruction shall be sent by the escrow company to the Director of Finance, together with written instructions that such amount is to be used to partially prepay the special tax obligation of the Applicable Parcel for the CFD or shall be sent to the other community facilities district for which the special tax obligation has been prepaid with similar written instructions. The provisions of this Section 16 related to sales by Merchant Builders to residential homeowners shall also apply to any sale by Owner of a parcel to a residential homeowner. In addition to any other remedy provided for by law or in equity, the City may enforce the provisions of this Section 16 by an action for specific performance or injunctive relief or both. SECTION 17. Relationship to Public Works. This Agreement is for the construction and acquisition of certain Acquisition Improvements by City and is not intended to be a public works contract. In performing its obligations under this Agreement, Developer is an independent contractor and not the agent of City. Neither City nor the Authority shall have any responsibility for payment to any contractor or supplier of Developer. Notwithstanding the foregoing, Developer may be subject to certain public contract requirements as provided in Section 3 of this Agreement. SECTION 18. Deposit and Use of Available Amount. a) Project Fund Held by Authority. Prior to the issuance of the first series of Bonds, Available Special Taxes collected by the Authority (including from prepayments of Special Taxes) shall be deposited in the Project Fund established by the Authority for the CFD and may be disbursed to pay or reimburse the costs of the Facilities in accordance with this Agreement. All funds in the Project Fund shall be considered a portion of the Available Amount, and upon the issuance of the first series of Bonds for the CFD, the Project Fund shall be transferred to the trustee or fiscal agent for the Bonds (the “Trustee”) to be held in accordance with the Indenture. b) Issuance of Bonds - Project Fund Held by Trustee. Developer, the City and the Authority agree to reasonably cooperate with one another in the completion of the financing through the issuance of the Bonds in one or more series for the CFD in accordance with the California Municipal Finance Authority Policies and Procedures for Community Facilities Districts http://www.cmfa-ca.com/bold/cmfa-cfd-policies-and-procedures/). Upon the issuance of the first series of Bonds for the CFD, the Authority will cause the Trustee to establish and maintain a separate Project Fund for the purpose of holding all funds derived from each series of Bonds for the financing of the Facilities. A separate Tax Exempt Account and Taxable Account of the Project ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 135 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 13 Fund may be established for each series of Bonds into which the proceeds of tax exempt Bonds and taxable Bonds, if any, shall be deposited. All earnings on amounts in a Project Fund shall remain in such Project Fund for use as provided herein and pursuant to the applicable Indenture. Money in each and every Project Fund shall be available to respond to delivery of Payment Requests for the Base Increment or Retained Increments in the form attached hereto as Exhibits E” and “F,” respectively, with respect to Acquisition Improvements, and a Disbursement Request Form (defined below) relating to City Fees to be paid to the City, or its designee, or the Developer, or its designee, from the Available Amount pursuant to such forms. Upon completion of the Project and the funding of all Facilities, any remaining funds in each Project Fund (less any amount determined by the City as necessary to reserve for claims against the Project Fund) shall be applied by the Authority to call Bonds or to reduce Special Taxes as the Authority shall determine. c) City Disbursement from Project Fund for City Fees. Following the Developer’s submittal of a payment request to FAI for a prepayment of City Fees pursuant to the Financed Fees Payment Request Procedures attached hereto as Exhibit “H,” moneys on deposit in the Project Fund shall be disbursed pursuant to written disbursement requests of the City, in substantially the form attached hereto as Exhibit “G” (“Disbursement Request Form (City Fees)”) and executed by the City Manager or DSD Director, or any designee of the foregoing (each, an “Authorized Officer”), which disbursements shall be used for the payment of City Fees. In the event of such a disbursement, the City shall establish a Trust Account relating to each applicable City Fee for the benefit of the Developer or the Developer’s designees. In addition, City Fees paid previously with respect to the Project shall be reimbursed to the Developer through the Developer’s submittal of a payment request pursuant to the procedures set forth in the Financed Fees Payment Request Procedures attached hereto as Exhibit “H.” The Authority and its designees, including the Trustee holding funds in the Project Fund, may conclusively rely on such requisitions for purposes of making such disbursements. All disbursements from the Project Fund to the City shall be made by wire transfer of immediately available funds or by check payable to the City’s bank account number at a bank located within the United States on file with the Authority as part of the BOLD program, unless another method of payment is requested in writing by the City. SECTION 19. Conflict with Other Agreements. Except as specifically provided herein, nothing contained herein shall be construed as releasing Developer from any condition of development or requirement imposed by any other agreement with City. To the extent the provisions of this Agreement conflict with any provisions of such other agreement, the provisions of such other agreement shall control. SECTION 20. General Standard of Reasonableness. Any provision of this Agreement which requires the consent, approval, discretion or acceptance of any party hereto or any of their respective employees, officers or agents shall be deemed to require that such consent, approval or acceptance not be unreasonably withheld or delayed, unless such provision expressly incorporates a different standard. SECTION 21. Entire Agreement; Amendment. This Agreement and the agreements expressly referred to herein contains all of the agreements of the parties hereto with respect to the matters contained herein and no prior or contemporaneous agreement or understandings, oral or written, ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 136 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 14 pertaining to any such matters shall be effective for any purpose. No provision of this Agreement may be modified, waiver, amended or added to except by a writing signed by the party against which the enforcement of such modification, waiver, amendment or addition is or may be sought. SECTION 22. Notices. Any notice, payment or instrument required or permitted by this Agreement to be given or delivered to either party shall be deemed to have been received when personally delivered or seventy-two (72) hours following deposit of the same in any United States Post Office in California, registered or certified, postage prepaid, addressed as follows: Authority: California Municipal Finance Authority 2111 Palomar Airport Road, Suite 320 Carlsbad, CA 92011 Attn: Edward J. Becker Administrator: Francisco & Associates, Inc. Attn: Ed Espinoza 5927 Balfour Court, Suite 109 Carlsbad, CA 92008 Developer: HomeFed Village 8, LLC c/o Otay Land Company, LLC 1903 Wright Place, Suite 220 Carlsbad, CA 92008 Attn: Curt Smith With a copy to: John P. Yeager, Esq. O’Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Manager With a copy to: 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Attorney Each party may change its address for delivery of notice by delivering written notice of such change of address to the other party. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 137 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 15 SECTION 23. Severability. If any provision of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. SECTION 24. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto. Developer may not assign its rights or obligations hereunder except upon written notice to City and the Authority within ten (10) days of the date of such assignment indicating the name and address of the assignee. No other Developer of property within the CFD shall have any right to receive payments with respect to any Facilities unless such right has been expressly assigned to such Developer by Developer in writing. Upon such notice and the assumption by the assignee of the rights, duties and obligations of the Developer arising under or from this Agreement, Developer shall be released by City from all future duties or obligations rising under or from this Agreement. SECTION 25. Governing Law. This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California, Additionally, this Agreement and the construction of the Acquisition Improvements shall be subject to all City ordinances and regulations relating to the requirement of improvement agreements, land division, improvement security or other applicable development requirements. SECTION 26. Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by any other party, or the failure by a party to exercise its rights under the default of any other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by any other party with the terms of this Agreement thereafter. SECTION 27. Singular and Plural; Gender. As used herein, the singular of any work includes the plural, and terms in the masculine gender shall include the feminine. SECTION 28. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. SECTION 29. Construction of Agreement. This Agreement has been reviewed by legal counsel for the City, the Authority and the Developer and shall be deemed for all purposes to have been jointly drafted by the City, the Authority and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this Agreement. The language in all parts of this Agreement, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 30. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. SECTION 31. Authority of Signatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this Agreement. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 138 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 0297.00061\34345525.2 S-1 Signature Page to Acquisition/Financing Agreement by and between the City of Chula Vista, California Municipal Finance Authority, Community Facilities District No. 2021-11 (City of Chula Vista Otay Ranch Village 8 West) IN WITNESS WHEREOF, City, Authority and Developer have executed this Agreement as of the Effective Date thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms. CITY” CITY OF CHULA VISTA MARIA V. KACHADOORIAN, CITY MANAGER CITY OF CHULA VISTA STATE OF CALIFORNIA APPROVED AS TO FORM: GLEN R. GOOGINS, CITY ATTORNEY CITY OF CHULA VISTA STATE OF CALIFORNIA ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 For Page 139 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 0297.00061\34345525.2 S-2 DEVELOPER” HOMEFED VILLAGE 8, LLC, a Delaware limited liability company By: Name: Its: AUTHORITY” CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint powers authority By: Name: Its: Authorized Signatory ACN #2021-126 ErinRuheVicePresident Executive Director DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 140 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 A-1 EXHIBIT “A” CFD BOUNDARY MAP ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 141 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PROPOSED BOUNDARY OF CALIFORNIA MUNICIPAL FINANCE AUTHORITY CO MMUNITY FACILITIES DISTRICT NO 2021 11 CITY OF CH ULA VI STA OT AY RA NCH VI LLAGE 8 WE ST SH E E T 1 of 1 CI T Y OF CH U L A VI S T A SA N OI E G O CO U N T Y ST A T E OF CA L I F O R N I A MAPR6F NO ASSESSOR S PARCEINO I 64 4 071 01 CC 2 64 4 0 7 l<l 3 64 4 07l-OKO 4 64 407 0400 5 64 4O7 0M0 6 64 4 071 06O3 644 07 07430 6 64 4 071 OM 9 644 071 09 10 10 64 4 07MDO0 II 644 C71 II C0 12 64 4 07T l2 X 13 64 44D7M34X 14 64 407M4 C0 IS 64 407M5 00 16 644 071 16 00 17 64 4071 1700 16 64 407I I 00 19 64447l 1 00 644O7I 2DC0 2)64 4O7I 21O0 22 64 4 071 2200 23 64 407 23 00 74 64 4O7 2400 7S 64 4 071 2 0 76 64 4 071 2600 27 64 4O72O1O0 2B 6440730200 27 64 40720300 X 64 4O72O4O0 31 64 40720500 32 64 4O72O6O0 33 64 40720700 34 64 4072 OdOO 35 64 4072 09OD 3«64 4072 1000 3;64 4072 MOO X 64 40 2I70D 39 64 4O72I30C 40 644 072 1400 41 64 4072 15 00 43 64 4072 16 00 43 64 4O72 I7 C0 44 64 4072 l»Q 45 64 4 072 19 CO 46 64 4072 2000 4j 64 4O72 2I 03 46 644072 7300 49 64 4072 33 00 SO 64 4 072 2400 51 644072 2600 64 4 072 2600 CL E R K S MA P RU N G ST A T E M E N T FI I H O IN TH E OF F I C E OF TH E SE C R E T A R Y OF TH E BO A R D OF DI R E C T O R S OF THE CALIFORNIA MUNiaPAL FINANCE AUTHORTTY THIS jlY DAY Of AuAi F 202 A-f i r SE C R E T A R Y OF TH E BO A R D CA LIFORNIA MU N I O P A L FI NAN CE AU T H OR I T Y CL E R K S MA P CE R T I F I C A T E I HE RE BY CE RTIFY TH A T TH E WI TH IN MA P SH O W I N G PR O P O S E D BO U N D W Y AR E A OF CA U F O R N I A MU N I C I P A L FI N A N C E AU T H O R I T Y CO M M U N I T Y FACILITIES DISTRICT NO 2021 11 CITY OF CHULA VISTA OTAY RANCH VILLAGE B WEST CITY OF CHULA VISTA COUNTY OF SAN DIEGO STATE OF CALIFORNIA WAS APPROVED BY THE BOARD OF DIRECTORS OF THE CAUFORNIA MUNIQPAL FINANCE AUTHORnY AT A REGULAR MEETING THEREOF HELD ON THE 3.TV n DAY OF Arlie uf 20 21 BY IT S RE SOLUTION NO 57 0 2 3 SE CRETARY OF TH E BO ARD CA UFORNIA MU NICIPAL FI NANCE AU THORITY RECORDER S STATEMENT FI LED TH IS DA Y OF HOUR or I-37 O'CLOCK E.M IN BOOK i 20 2 1 AT TH E m OF MAPS OF ASSESSMENT AND COMMUNITY FADUTIES DISTRICTS AT PAGE 37 AN D AS IN S T R U M E N T NO SO a i 7 0 Q 0 3 3 f a IN TH E OF F I C E Of THE COUNTY RECORDER OF THE OWNTY OF SAN DIEGO STATE OF CA UFORNIA CO UNTY RE CORDER ER NEST CO UNTY Of SA N DI EGO ST A TE OF CA LirORNIA FE E i S M3 0 0 DR O N E N B O B G f TH E UN E S AN D DI M E N S I O N S OF EA C H LO T OF PA R C E L SH O W N ON TH I S DI AG RA M SH A U BE TH O SE UN E S AN D DI M EN S IO NS AS SH O W N ON TH E SA N DI EG O CO U N T Y AS SE SSO R S MA P S FO R TH O S E PA RCE LS US T E O TH E SA N OI E G O CO U N T Y AS S E S S O R S MA P S SH A U GO V E R N FO R AU TH E DE T A I L S OI N C E R N I N C TH E UN E S AN D DI M E N S I O N S OF SU C H LO T S OF PA RCELS lE GENO I 1 PROPOSED BO U N D A R Y NOT A PART MA P NU MBER REFERENCE KO i i E RLHiEK 33 4 vu Vc Ow K»cos C«i VTv4 9^078 fi t 760 Sl 0 0 88 DA TE PR PAftEO JU Hi 70 7 fO 2 o N f si o al N m kD a- T T cD k A t 1 ACN # 2021- 126 DocuSign Envelope ID: 92225896- 3F4B- 4983- 82D8- 2F62FE260479 Page 142 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 B-1 EXHIBIT “B” DESCRIPTION OF FACILITIES A. CITY FEES 1. Sewer Capacity Charge 2. Salt Creek Sewer Basin Fee 3. Traffic Signal Fee 4. Eastern Transportation Development Impact Fee (“TDIF”) 5. Parkland Acquisition and Development Fee (“PAD”) (Community Park obligation only) 6. Public Facilities Development Impact Fees (“PFDIF”) 7. Possible Future Fee for Vehicle Miles Traveled (“VMT”) B. ACQUISITION IMPROVEMENTS 1. La Media Parkway (Town Center Arterial and 4 Lane Major) – (TDIF Facility) – Estimated Cost $14,916,788 City TDIF Road: Portion of 53A, portion of 56C Limits: From north Village 8 West boundary, south and east ending at east Village 8 West boundary Includes: Grading, drainage, surface improvements, landscape and irrigation, traffic signals, environmental mitigation, associated soft costs 2. Main Street (Town Center Arterial) – (TDIF Facility) – Estimated Cost $7,511,756 City TDIF Road: 53B Limits: From west Village 8 West boundary to east Village 8 West boundary Includes: Grading, drainage, surface improvements, landscape and irrigation, traffic signals, environmental mitigation, associated soft costs 3. Avenida Caprise (Residential Collector) – Estimated Cost $4,069,280 Limits: From westbound Main Street to southerly terminus of road Includes: Grading, drainage, surface improvements, landscape and irrigation, traffic signals, environmental mitigation, associated soft costs ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 143 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 C-1 EXHIBIT “C” SUBSTANTIAL COMPLETION CRITERIA FOR ACQUISITION IMPROVEMENTS General: 1. Substantial completion of an Acquisition Improvement for purposes of determining the eligibility of such Acquisition Improvement for the payment of the “Base Increment” therefore shall mean that the construction or work with respect to such Improvement, including each component of such Improvement, has progressed to the point where it is sufficiently complete so that it can be utilized for the purpose for which it was intended. Substantial completion criteria for each Acquisition Improvement or component of an Improvement is further described below. 2. Payment for the “Retained Increment” of the Purchase Price for an Acquisition Improvement shall be in accordance with Section 7, paragraph (c)(ii) and shall be made after submittal of a payment request form, as-built plans and such other documentation as is required pursuant to Section 7 paragraph (c)(ii), posting of maintenance bonds, and submittal of lien release evidence. Substantial Completion Criteria: A. Grading: Grading shall be deemed to be complete upon (1) completion of all preliminary grading work (mobilization, site clearing, remedial grading, overexcavation, installation of subdrainage systems) (2) certification of compaction by the geotechnical engineer, quantity verification by the civil engineer, and confirmation by the Field Inspector and (3) installation of all surface grading improvements (brow ditches, retaining walls, slope protection and similar improvements) and the certification thereof by the geotechnical engineer and confirmation by the Field Inspector. B. Sewer: Sewer construction shall be deemed substantially complete upon the installation, flushing, and testing of sewer main line, laterals, cleanouts, manholes, and all other appurtenances of the sewer system as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and the verification of such installation by the civil engineer and confirmation of such installation by the Field Inspector. C. Storm Drain: Box culverts and headwall structures shall be deemed substantially complete upon installation as shown on the approved plans and specifications therefore and in accordance with the City standard plans and specifications and verification of such installation by the civil engineer, and confirmation of such installation by the Field Inspector. D. Drainage Facilities: Drainage structures including energy dissipation devices (rip -rap, drop structures, cut-off walls, etc.), drainage diversion structures, facilities required as part of the environmental mitigation measures, and other drainage channel appurtenances including drainage pipes connecting the brow ditches to the channel, shall be deemed substantially complete for payment of the Base Increment upon the installation thereof as shown on the approved plans and specifications therefore and in accordance with City standard plans and ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 144 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 C-2 specifications and the verification of such installation by the civil engineer and confirmation of such installation by the Field Inspector. E. Dry Utility Backbone System: Dry utilities (electric, gas, telephone, CATV) shall be deemed substantially complete upon the installation of the conduits, junction boxes, payment of utility fees, and written acceptance of the facilities by the utility companies. F. Roadway Pavement and Roadway Drainage System: Roadway pavement and drainage improvements shall be deemed substantially complete upon the installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the Field Inspector of all storm drain pipes, catch basins, drainage inlets and cleanouts for the roadway storm drain system, installation of roadway base material, concrete curb and gutter, and AC pavement including the preparation of the subgrade and base material. G. Other Street Surface Improvements: Street surface improvements including street lights, traffic signals and conduits, signal interconnect, street name signs, roadway signing and striping, and appurtenances shall be deemed substantially complete when installed as shown on the improvement plans and in accordance with City standard plans and specifications and upon confirmation of such installation by the Field Inspector. H. Street Landscape Irrigation and Planting: Parkway landscaping within the roadway right of way including planting, irrigation, concrete sidewalks, median maintenance strip, pedestrian ramps, channel maintenance roads and all associated subgrade and base material preparation shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the Field Inspector. I. Slope Landscaping: Landscape planting and irrigation improvements for the slopes outside of the roadway and channel right of way and the regional trail (DG) and fencing shall be deemed substantially complete upon installation thereof as shown on the approved improvement plans therefore and in accordance with City standard plans and specifications and confirmation of such installation by the Field Inspector. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 145 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 D-1 Exhibit “D” Design, Bid, Contract and Change Order Requirements 1. General These requirements shall be applied to all Acquisition Improvements proposed to be constructed by the Developer and subsequently acquired by the City through California Municipal Finance Authority CFD No. 2021-11 (City of Chula Vista-Otay Ranch Village 8 West). Except as expressly provided otherwise in the body of this Agreement itself, any deviation from these requirements must be approved in writing in advance by the DSD Director. References to the DSD Director means the DSD Director or his or her designee. The City reserves the right to make the final determination of cost of the Acquisition Improvements to be acquired in accordance with this Agreement. 2. Design Phase A. Acquisition Improvements shall be designed in accordance with City standards and regulations. B. Bidding Documents. Two complete sets of bidding documents, including improvement plans, general provisions, and bid proposal forms have been or shall be submitted to the Development Services Department of the City for review and approval within 15 working days of submittal. Advertising for bids shall not have taken place or shall not take place until the bidding documents are approved in writing by the City. This procedure shall have been followed or shall be followed for each contract proposed to be advertised. Unless otherwise noted, the bidding documents shall conform to the following minimum requirements: 1. Unless impractical due to the nature of the Acquisition Improvement, the bid proposal shall be unit priced rather than lump sum. A.C. pavement, base and sub-base shall be bid on a square foot per inch thickness basis. 2. The bidding documents shall require the bidder/contractor to provide the following bonds: a. Bid Bond - 10% of the amount of the bid. b. Material and Labor Bond - 50% of the contract amount. c. Performance Bond - 100% of the contract amount. The Contractor posted or shall post performance and labor and material bonds for all improvements as part of the bid. The City shall be named as additional obligee with the right to call such bonds if needed. Such bonds shall remain in effect until ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 146 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 D-2 such time as all improvements are completed and accepted by the City Engineer. The City Engineer shall be the sole judge in determining the release of such bonds. 3. The bidding documents required or shall require the successful bidder to provide evidence of comprehensive or commercial general public liability insurance in the amount of at least $1,000,000 prior to the award of the contract. 4. The contractor is required to pay prevailing wages. Developer shall advertise the Project as requiring the payment of prevailing wage and include all provisions in the advertisement and contract documents as required by the California Department of Industrial Relations (“DIR”). 5. The bidding documents clearly stated or must clearly state the time, date, and place where bids are to be submitted and opened. 6. The bidding documents clearly stated or shall clearly state the amount of time to complete the work. The time allowed must be reasonable for the amount of work. Accelerated construction time allowances must be supplementally bid, and are not eligible for public finance unless previously approved by the City Engineer. 3. Bidding Phase A. The Notice inviting Sealed Bids was published or shall be published in the Chula Vista Star News and the San Diego Daily Transcript. The notice inviting bids stated or shall state where bidding documents are available. B. The bidding period following the advertisement of the Notice Inviting Sealed Bids was or shall be a minimum of 14 calendar days. C. Developer provided or shall provide complete sets of bidding documents to all contractors, subcontractors, or suppliers requesting them. A reasonable price may be charged for bidding documents. D. Developer kept or shall keep a log of all persons obtaining bidding documents, and their mailing address. E. Addenda were mailed or shall be mailed by first class mail to all bidding document holders and the DSD Director. If an addendum is required within five working days of the noticed bid opening date, the bid opening date shall be extended. F. Submitted bids were or shall be in sealed envelopes. G. Bids were not or shall not be accepted after the stated time for submission. H. Bid opening was or shall be conducted by the Developer at the Developer’s place of business or other site mutually acceptable to the Developer and DSD Director. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 147 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 D-3 I. Sealed bids were or shall be opened and read aloud immediately following the submission time. A City representative was or shall be invited to attend the bid opening. J. Conditioned bids, unless the bid proposal lists them for all to bid on, were not accepted or shall not be accepted. K. The bid proposals conformed or shall conform to all state and local laws governing the listing of subcontractors and suppliers. L. The arithmetic of the two lowest bid proposals received was or shall immediately be checked for errors. M. A tabulation of all bids received was or shall be provided to the DSD Director within five working days of the bid opening. N. Award was or shall be made to the lowest responsible bidder within a reasonable period of time following approval by the DSD Director. O. A preconstruction meeting was or shall be held with the contractor prior to beginning the work. A City representative was or shall be invited to attend the meeting. P. The Notice to Proceed was or shall be issued within a reasonable period of time following the contract execution. 4. Construction Phase A. The City was or shall be provided a copy of the construction schedule. B. Developer did or shall require the contractor to conduct weekly construction status meetings to which a City representative shall be invited. C. Any additional costs incurred for the benefit of the Developer, such as accelerating the construction schedule, shall not be eligible for public financing unless previously approved by the DSD Director. D. Any additional construction costs incurred due solely to delays caused by the Developer shall not be eligible for public financing. E. All contracts and construction related records shall be available to the City as and when required for the final determination of eligible costs for the public financing. This shall include trip tickets and other confirmations of material delivered to the Improvement. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 148 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 D-4 5. Change Orders A. All change orders shall be fully documented and be in a format consistent with the original bid items (i.e., show units, unit costs, extensions and total costs). The DSD Director, in his/her sole discretion shall determine the eligibility of each change order for inclusion in the Purchase Price for an Acquisition Improvement. B. Chula Vista Municipal Code (“CVMC”) Section 2.56.160(H)(6), provides that all or portions of the developer-performed public work ordinance may be waived where “the waiver is in the best interest of the public after consideration of factors including, without limitation, project costs, time for completion, and other relevant criteria, and (ii) appropriate safeguards are in place to protect the public interest.” Developer has requested and the City Council has approved a post-award waiver pursuant to CVMC 2.56.160(H)(6) for change orders for Acquisition Improvements entered into prior to September [28, 2021] and approved by the Field Inspector (the “Post-Award Waiver Change Orders”). The Post-Award Waiver Change Orders shall be eligible for inclusion in the Purchase Price subject to 5.A. above. C. The aggregate of all change orders for the Acquisition Improvements shall not increase the Purchase Price thereof so as to cause such Purchase Price to exceed the cost estimate for such Acquisition Improvement as set forth in Exhibit B by more than 25% without City Council approval. This modification of the requirements of CVMC Section 2.56.160(H)(3)(b) is made pursuant to CVMC Section 2.56.160(H)(5). D. Change orders that the Developer does not wish to include in the Purchase Price for an Acquisition Improvement do not require City approval, provided that they (i) result in no additional maintenance or overhead costs to the City; (ii) result in no material delay to the completion date; and (iii) result in no material modifications to the design or construction. E. Negotiated set price change orders are acceptable where most of the items of work in the change order have unit prices from the bids. Where change orders are for work that does not have unit prices for a substantial portion of the work contained within the bids, time and materials change orders are preferred. F. Failure to comply with the provisions herein may, in City’s sole discretion, result in a waiver of all claims for additional payments, bond drawdowns, or development credits to Developer in connection with such change order. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 149 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 E-1 EXHIBIT “E” CALIFORNIA MUNICIPAL FINANCE AUTHORITY Community Facilities District No. 2021-11 (City of Chula Vista Otay Ranch Village 8 West) Base Increment Payment Request No. ______ The undersigned (the “Developer”) hereby requests payment in the total amount of for the Base Increment for the Acquisition Improvement (as defined in the Acquisition/Financing Agreement (the “Agreement”)) by and among the City of Chula Vista (the City”), the California Municipal Finance Authority (the “Authority”) and Developer and described in Exhibit “B” to the Agreement, all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: A. He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. The Acquisition Improvement that is the subject of this Payment Request has been substantially completed in accordance with Exhibit “C” to the Agreement. C. This request for payment of the Base Increment for the Acquisition Improvement has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Base Increment for which payment is requested has not been the subject of any prior payment request paid by the CFD. D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIFs) and detailed backup and cost breakdown is provided supporting each item. E. Supporting documentation (such as third-party invoices, change orders and checks) is attached with respect to each cost for which payment is requested. F. The Acquisition Improvement for which payment is requested was constructed in accordance with the requirements of the Agreement. G. Developer is in compliance with the terms and provisions of the Agreement. H. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after due inquiry, will attach to the Acquisition Improvement. I. A cop(ies) of the letter(s) of unconditional lien release for the Acquisition Improvement for which payment is requested is included this request. Alternatively, a copy of a letter of conditional lien release for the Acquisition Improvement for which payment is requested together with a letter from the contractor(s) stating that they have been paid in ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 150 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 E-2 full by the Developer for the Acquisition Improvement for which payment is requested is also included in this request. I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Director of Development Services Dated: ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 151 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 E-3 ATTACHMENT 1 SUMMARY OF ACQUISITION IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _____ Improvement Purchase price Base Increment Retained Increment Disbursement Requested List here all Acquisition Improvements for which payment is requested, and attach supporting documentation] ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 152 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 F-1 EXHIBIT “F” CALIFORNIA MUNICIPAL FINANCE AUTHORITY Community Facilities District No. 2021-11 (City of Chula Vista Otay Ranch Village 8 West) Retained Increment Payment Request No. ______ The undersigned (the “Developer”) hereby requests payment in the total amount of $__________ for the Retained Increment of the Purchase Price of an Acquisition Improvement (as defined in the Acquisition/Financing Agreement by and among the City of Chula Vista (the “City”), the California Municipal Finance Authority (the “Authority”) and Developer and described in Exhibit B” to the Agreement), all as more fully described in Attachment 1 hereto. In connection with this Payment Request, the undersigned hereby certifies, represents and warrants to the City as follows: A. He(she) is a duly authorized representative or signatory of Developer, qualified to execute this Payment Request for payment on behalf of Developer and is knowledgeable as to the matters set forth herein. B. Developer has submitted or submits herein to the City, if applicable, as-built drawings or similar plans and specifications for the Acquisition Improvement and such drawings or plans and specifications, as applicable, are true, correct and complete. C. The Purchase Price for the Acquisition Improvement has been calculated in conformance with the terms of the Agreement. All costs for which payment is requested hereby are eligible costs (as permitted in the Agreement) and have not been inflated in any respect. The Retained Increment for which payment is requested has not been the subject of any prior payment request paid by the CFD. D. All items have been clearly delineated as DIF/Non-DIF eligible (all DIFs) and detailed backup and cost breakdown is provided supporting each item. E. Supporting documentation (such as third-party invoices, change orders, lien releases and checks) is attached with respect to each cost for which payment is requested. F. The Acquisition Improvement for which payment is requested was constructed in accordance with the requirements of the Agreement. G. Developer is in compliance with the terms and provisions of the Agreement. H. No mechanics liens or other encumbrances have attached, or to the best knowledge of Developer, after one inquiry, will attach to the Acquisition Improvement. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 153 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 F-2 I hereby declare under penalty of perjury that the above representations and warranties are true and correct. DEVELOPER: Dated: CITY Payment Request Approved for Submission to Director of Finance Director of Development Services Dated: ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 154 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 F-3 ATTACHMENT 1 SUMMARY OF ACQUISITION IMPROVEMENTS TO BE ACQUIRED AS PART OF PAYMENT REQUEST NO. _____ Improvement Purchase price Base Increment Retained Increment Disbursement Requested List here all Acquisition Improvements for which payment is requested, and attach supporting documentation] ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 155 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 G-1 EXHIBIT “G” DISBURSEMENT REQUEST FORM (CITY FEES) To: California Municipal Finance Authority 2111 Palomar Airport Road, Suite 320 Carlsbad, California 92011 Attention: Travis Cooper Email: tcooper@cmfa-ca.com Tel: (760) 795-9185 Re: BOLD Program - Request for Disbursement of Bond Proceeds Community Facilities District No. 2021-11 (City of Chula Vista – Otay Ranch Village 8 West) The undersigned, a duly authorized officer of the City of Chula Vista (the “City”) hereby requests a disbursement from the [Taxable/Tax Exempt] Account of the Project Fund set forth below, and, if the disbursement is to be made from the Tax Exempt Account, certifies that the amounts of development impact fees financed thereby and listed below have been or will be spent by the City for public capital improvements as of the date indicated below or within [__] days/months thereafter Project Fund Account Amount(s) Community Facilities District No. 2021-11 $ Total: Wiring Instructions: ___________________________ The undersigned hereby additionally certifies as follows: ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 156 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 G-2 1. [Tax-Exempt Only] These funds have been or will be used to acquire and/or construct capital improvements, and this disbursement is not being made for the purpose of reinvestment. 2. [Tax-Exempt Only] None of the expenditures for which payment is requested have been reimbursed previously from other sources of funds. 3. If the total amount above is greater than the funds held by the Authority on behalf of the City in the Account identified above, the Authority is authorized to pay only that portion of the amount request equal to such held funds and to pay the remainder when sufficient additional funds are deposited in the applicable Account. 4. The amounts being disbursed pursuant to this request are being used to finance or refinance certain public infrastructure and facilities, including certain financing and administrative costs (the “City Infrastructure”). City will own, and for the entire useful life of such City Infrastructure reasonably expects to own, all of such City Infrastructure. 5. [Tax-Exempt Only] To the extent any of such City Infrastructure is sold to an entity that is not a state or local government City, City will seek the advice and approval of bond counsel to the Authority for the BOLD program prior to any such sale. City will not allow any of such City Infrastructure to be used (for example, by lease or other contract) in the trade or business of any nongovernmental persons (other than in their roles as members of the general public). All of such City Infrastructure will be used in the performance of essential governmental functions of City or another state or local government City. The average expected useful life of such City Infrastructure is at least 5 years. The representations and covenants contained in this paragraph are intended to support the conclusion that the interest paid on the bonds issued to finance the City Infrastructure is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the “Code”) and are not required for disbursements to be made from the Taxable Account of the Project Fund. Dated: CITY OF CHULA VISTA Signature: Print Name: ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 157 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 H-1 EXHIBIT “H” FINANCED FEES PAYMENT REQUEST PROCEDURES Francisco & Associates, Inc., (FAI) has been retained by the California Municipal Finance Authority (CMFA) to assist with the administration of the BOLD Program bond proceeds. The following are the procedures in place for the processing of payment requests for eligible Financed Fees. 1.) The Developer shall submit all payment requests with supporting documentation directly to FAI to expedite the audit process. 2.) Once a payment request is received, FAI will conduct an initial audit to determine if the payment request package is complete. The initial review will determine if the following essential elements are included: a. Payment Request Form with completed Attachment 1 (see attached) b. Identification of fees for prepayment to the City or for reimbursement c. Invoices, receipts, worksheets or other evidence of costs d. Proof of payment 3.) If any essential element has been omitted, FAI will prepare a letter to the Developer deeming the payment request incomplete. The letter will include a list of items required to complete the package. 4.) Upon receiving a complete payment request, FAI will begin the detailed audit of the payment request, using the following procedures: a. Invoices and proofs of payment will be compared to determine if there are any discrepancies. Invoices without proof of payment will be deemed ineligible for reimbursement. Where discrepancies occur, the lowest amount will be deemed eligible for reimbursement until additional supporting documentation can be provided by the Developer. b. FAI will confirm fee amounts with City staff for fees that are to be prepaid to the City or reimbursed to the Developer. c. A detailed worksheet will be prepared detailing the amount submitted for reimbursement under each invoice, the corresponding proof of payment for that invoice, the amounts deemed eligible and ineligible for reimbursement by FAI, the amount submitted for prepayment to the City, the corresponding documentation for prepayment and comments by FAI. d. A summary of invoices and proof of payment provided by the Developer will be prepared. ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 158 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 H-2 5.) FAI will prepare additional information requests to the Developer as needed to facilitate the audit. 6.) FAI will prepare an audit letter for Cit y staff review that summarizes the items above and includes FAI’s recommendation of fees that are eligible and appropriate for reimbursement to the Developer and the amount that is to be retained by the City corresponding to the prepayment of eligible fees. Such audit letter will be accompanied by all back up documentation and the detailed worksheet. 7.) FAI will prepare the Disbursement Request Form (City Fees) in the form attached as Exhibit “G” hereto, for review and approval of the City. 8.) Upon receipt of the approved Disbursement Request Form (City Fees), FAI will prepare the Certificate of the Authority Requesting Disbursement from the Project Fund required under the Indenture, for review and approval by CMFA. 9.) CMFA will transmit the executed Certificate above to the Trustee for disbursement of the bond proceeds to the Developer for reimbursement or to the City for prepayment. 10.) Approximate Review, Approval and Disbursement Timeline: a. FAI performs audit of payment request and provides the City with the audit letter and Disbursement Request Form for review and approval – Approximately 5 days b. City reviews and approves audit letter and supporting documentation and provides signed Disbursement Request Form – Approximately 30 days c. CMFA reviews, approves, and submits Certificate to Trustee – Approximately 5 days d. Trustee wires funds to the Developer for reimbursement or to the City for prepayment for deposit in Trust Account – Approximately 2 days ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 159 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 H-1 California Municipal Finance Authority BOLD Program CFD No. 2021-11 Payment Request Form 1. The undersigned is an authorized representative of the Developer, qualified to execute this request for payment on behalf of the Developer and knowledgeable as to the matters set forth herein. 2. The identity and amount of the City Fees are described in Attachment 1. 3. For the City Fees for which the Developer is seeking reimbursement, the Developer has submitted or submits herewith to the CMFA Administrator evidence that City Fees referred to in the preceding paragraph have been paid in full, which evidence is in the form of copies of cancelled checks or such other form of proof of payment, such as bank statements. I hereby declare under penalty of perjury that the above representations and warranties are true and correct. Developer: By: Name: Title: Date: ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 160 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 60297.00061\34345525.2 H-2 ATTACHMENT 1 City Description of City Fee Description of Lots or Parcels Amount to be Reimbursed Amount to be Prepaid ACN #2021-126 DocuSign Envelope ID: 92225896-3F4B-4983-82D8-2F62FE260479 Page 161 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 FIRST AMENDMENT TO ACQUISITION/FINANCING AGREEMENT CALIFORNIA MUNICIPAL FINANCE AUTHORITY COMMUNITY FACILITIES DISTRICT NO. 2021-11 (CITY OF CHULA VISTA – OTAY RANCH VILLAGE 8 WEST) THIS FIRST AMENDMENT TO ACQUISITION/FINANCING AGREEMENT (the “First Amendment”), dated as of _________, 2024 (the “Effective Date”), is made and entered into by and between the CITY OF CHULA VISTA, a chartered municipal corporation duly organized and validly existing under the Constitution and laws of the State of California, (the “City”), the CALIFORNIA MUNICIPAL FINANCE AUTHORITY (the “Authority”), on behalf of itself and COMMUNITY FACILITIES DISTRICT NO. 2021-11 (City of Chula Vista Otay Ranch Village 8 West), a community facilities district formed and existing pursuant to the laws of the State of California (the “CFD”), and HOMEFED VILLAGE 8, LLC, a Delaware limited liability company (the “Developer”). WHEREAS, the Authority, City and Developer have entered into an Acquisition/Financing Agreement dated as of October 1, 2021 (the “Original A/F Agreement”) relating to the CFD; and WHEREAS, the CFD has issued a first series of bonds (the “2022 Bonds”) pursuant to an Indenture of Trust between the Authority and U.S. Bank Trust Company, National Association, as Trustee, dated as of July 1, 2022 (the “Indenture”); and WHEREAS, the City and Developer have identified several changes to the Original A/F Agreement and Indenture that are mutually desirable. NOW, THEREFORE, IT IS MUTUALLY AGREED between the respective parties as follows: SECTION 1. Recitals and Defined Terms. The above recitals are all true and correct. Capitalized terms used in this First Amendment that are not otherwise defined shall have the meanings ascribed to them in the Original A/F Agreement. SECTION 2. Amendments to Original A/F Agreement and Indenture. (a) Each of the three Acquisition Improvements identified in the Exhibit “B” to the Original A/F Agreement will be constructed in two separate phases (each, a “Discrete Phase”) consisting of (1) grading, drainage, sewer, surface improvements, traffic signals, environmental mitigation, and associated soft costs; and (2) landscape and irrigation, and associated soft costs. Exhibit “B” to the Original A/F Agreement is hereby amended and restated in its entirety to read as attached as Attachment No. 1 to this First Amendment in order to identify each Discrete Phase of each Acquisition Improvement. In addition, Sections 7(b) and (c) of the Original A/F Agreement are hereby restated in their entirety to read as follows: “(b) Incremental Payment of Purchase Price of an Acquisition Improvement. The Purchase Price for any Acquisition Improvement constructed by the Developer shall be payable in not to exceed four increments: (i) the “Base Increment” of each Discrete Phase which shall be an amount equal to 75% of its audited, eligible costs Page 162 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 2 as reflected in the written request for payment of the Base Increment submitted by the Developer and as approved by the Director of Development Services of the City, or his or her designee (the “DSD Director”); and (ii) the “Retained Increment” of each Discrete Phase which shall be an amount not to exceed the remaining, unpaid portion of the Purchase Price for such Discrete Phase determined pursuant to the provisions of (a) above. (c) Requisition for Incremental Payment of Purchase Price of an Acquisition Improvement. (i) Base Increment. The Developer may submit only one (1) written request to the DSD Director for the payment of the Base Increment for each Discrete Phase of an Acquisition Improvement constructed by the Developer upon the substantial completion of the construction of such Discrete Phase in accordance with the approved Plans and Specifications. The criteria for determining “substantial completion” of each such Discrete Phase is described in Exhibit “C” and shall mean generally that construction, or work with respect to such Discrete Phase has progressed to the point where it is sufficiently complete so that such Discrete Phase can be utilized for the purpose for which it was intended. Substantial completion of such a Discrete Phase shall also mean that all components of such Discrete Phase are substantially complete, e.g., in the case of the Discrete Phase including streets and surface improvements, the components are described in Exhibit “C,” items A-G and in the case of the Discrete Phase that includes landscape and irrigation, the components are included in items H and I. Each Base Increment payment request must be in the form attached hereto as Exhibit “E,” which is incorporated herein by this reference, and conform to the requirements of (f) below. The request for payment of the Base Increment for a Discrete Phase shall be accompanied by a copy of the following documents related to the construction of such Acquisition Improvement: (1) each construction contract and copy of bid notice for such contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the City Engineer, and (5) written conditional lien releases executed by each applicable contractor, subcontractor and materialman in a form satisfactory to the City Attorney of the City (the “City Attorney”) for such Discrete Phase. (ii) Retained Increment. The Developer may submit only one (1) written request to the DSD Director for the payment of the Retained Increment for each Discrete Phase of an Acquisition Improvement in the form attached hereto as Exhibit “F,” which is incorporated herein by this reference, upon the submission to the City Engineer of (1) as-built drawings or other equivalent plans and specifications for such Discrete Phase in a form reasonably acceptable to the City, (2) evidence that the Developer has posted a maintenance bond for such Acquisition Improvement as required Page 163 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 3 by Section 5 hereinabove, (3) evidence of the satisfaction of the requirements of Section 9 hereinbelow directly related to such Acquisition Improvement and (4) written unconditional lien releases from all contractors, subcontractors and materialmen satisfactory to the City Attorney for such Acquisition Improvement. For any costs not included in the Developer’s written request for payment of the Base Increment but requested for payment in the Retained Increment the request shall conform to the requirements of (f) below and also be accompanied by the following documents related to such additional costs of the construction of such Discrete Phase if not done so with the written request for payment of the Base Increment: (1) each construction contract, (2) each change order, (3) each invoice submitted pursuant to such construction contracts, and (4) evidence of payment of each such invoice such as copies of cancelled checks or other evidence of payment satisfactory to the DSD Director.” (b) The Authority shall amend the Indenture, with the consent of the Trustee, to create three separate accounts within the Project Fund to be designated as the “City Construction Account,” the “DIF Acquisition Account” and the “Non-DIF Acquisition Account.” Following such amendment, the Authority shall instruct the Trustee to transfer $8,000,000 in proceeds of the 2022 Bonds from the Project Fund to the City Construction Account, $18,200,000 (less amounts disbursed pursuant to Payment Request No. 4) from the Project Fund to the DIF Acquisition Account and the remaining amount in the Project Fund to the Non-DIF Acquisition Account. The Indenture shall also be amended to (i) permit funds to be transferred from the DIF Acquisition Account to the Non-DIF Acquisition Account and vice versa at the request of the Authority following a written request from the Developer and (ii) permit funds to be transferred from either Acquisition Account to the City Construction Account at the request of the Authority following the written request of the City and Developer. Section 7(f)(iii) shall also be restated in its entirety to read as follows: “(iii) Source of Payment. The Purchase Price or any increment thereof for an Acquisition Improvement shall be payable to the Developer from (i) those proceeds of the sale of each series of Bonds deposited in the project fund (the “Project Fund”) established pursuant to the indenture or fiscal agent agreement for the Bonds (the “Indenture”) and (ii) the Special Taxes of the CFD that have been levied directly to pay for Facilities and collected by the CFD, including prepayments allocabl e to Facilities (the “Available Special Taxes”). The funds deposited in the Project Fund and the Available Special Taxes shall be referred to as the “Available Amount.” The Project Fund shall consist of three separate accounts designated as the “City Construction Account,” the “DIF Acquisition Account” and the “Non-DIF Acquisition Account.” Exhibit “B” identifies two of the Acquisition Improvements as TDIF Facilities. The Third Acquisition Improvement is a non TDIF Facility. The City will calculate through a separate process the amount of TDIF credit granted for each TDIF Facility, which is expected to be different than the Purchase Price of each TDIF Facility. The portion of the Purchase Price of an Acquisition Improvement identified as a TDIF Facility that is equal to the amount of the approved TDIF credit is to be paid only from the DIF Acquisition Account and any remaining, unpaid portion of the Purchase Price for the TDIF Facility shall be paid Page 164 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 4 from the Non-DIF Acquisition Account. The Purchase Price of the third Acquisition Improvement that is a non TDIF Facility is to be paid only from the Non DIF Acquisition Account. The Authority agrees to levy the Special Taxes on Developed Property at 100% of the Assigned Special Tax rate pursuant to the Rate and Method until the earlier of (i) payment in full of all of the Facilities; (ii) the issuance of the final series of Bonds; or (iii) July 1, 2028. The Authority agrees to provide an annual certificate in the form attached hereto as Attachment “3”. The Indenture shall also provide that all Available Special Taxes collected prior to the issuance of the final series of Bonds shall be deposited in the Project Fund until all Facilities have been fully funded. For purposes of this Agreement, the “final series of Bonds” shall mean the final series issued to generate additional funding for Facilities based on new development since the prior issuance of any series, but shall not include refunding bonds. As shown on Attachment “3”, no debt service savings achieved from refunding outstanding Bonds shall be used to generate additional funding for Facilities. (c) Exhibit “B” to the Original A/F Agreement shall be restated in its entirety as attached hereto as Attachment No. 1. SECTION 3. Use of DIF Credits Based on October 2022 DIF Rates. Notwithstanding anything in the Original A/F Agreement to the contrary, as a result of the deposit of $8,000,000 in proceeds of the 2022 Bonds in the City Construction Account, the Developer shall receive a credit against the PFDIF fees otherwise payable for new development within the CFD in the amount of $8,000,000 to be applied using the October 2022 rate of the PFDIF fee until the credit is exhausted. Attachment No. 2 is the City’s October 2022 Master Fee Schedule. SECTION 4. Counterparts. This First Amendment may be executed in counterparts, each of which shall be deemed an original. SECTION 5. Construction of Agreement. This First Amendment has been reviewed by legal counsel for the City, the Authority and the Developer and shall be deemed for all purposes to have been jointly drafted by the City, the Authority and the Developer. No presumption or rule that ambiguities shall be construed against the drafting party shall apply to the interpretation or enforcement of this First Amendment. The language in all parts of this First Amendment, in all cases, shall be construed as a whole and in accordance with its fair meaning and not strictly for or against any party and consistent with the provisions hereof, in order to achieve the objectives of the parties hereunder. The captions of the sections and subsections of this First Amendment are for convenience only and shall not be considered or referred to in resolving questions of construction. SECTION 6. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this First Amendment. SECTION 7. Authority of Signatories. Each signatory and party hereto hereby represents and warrants to the other party that it has legal authority and capacity and direction from its principal Page 165 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 5 to enter into this First Amendment, and that all resolutions and/or other actions have been taken so as to enable such party to enter into this First Amendment. Page 166 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 S-1 Signature Page to First Amendment to Acquisition/Financing Agreement by and between the City of Chula Vista, California Municipal Finance Authority, Community Facilities District No. 2021-11 (City of Chula Vista Otay Ranch Village 8 West) IN WITNESS WHEREOF, City, Authority and Developer have executed this First Amendment as of the Effective Date thereby indicating that they have read and und erstood same, and indicate their full and complete consent to its terms. “CITY” CITY OF CHULA VISTA MARIA V. KACHADOORIAN, CITY MANAGER CITY OF CHULA VISTA STATE OF CALIFORNIA APPROVED AS TO FORM: MARCO A. VERDUGO CITY ATTORNEY CITY OF CHULA VISTA STATE OF CALIFORNIA Page 167 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 S-2 “DEVELOPER” HOMEFED VILLAGE 8, LLC, a Delaware limited liability company By: Name: Its: “AUTHORITY” CALIFORNIA MUNICIPAL FINANCE AUTHORITY, a joint powers authority By: Name: Its: Authorized Signatory Page 168 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 Attachment No. 1 to First Amendment ATTACHMENT NO. 1 TO FIRST AMENDMENT EXHIBIT “B” DESCRIPTION OF FACILITIES A. CITY FEES 1. Sewer Capacity Charge 2. Salt Creek Sewer Basin Fee 3. Traffic Signal Fee 4. Eastern Transportation Development Impact Fee (“TDIF”) 5. Parkland Acquisition and Development Fee (“PAD”) (Community Park obligation only) 6. Public Facilities Development Impact Fees (“PFDIF”) 7. Possible Future Fee for Vehicle Miles Traveled (“VMT”) B. ACQUISITION IMPROVEMENTS 1. La Media Parkway (Town Center Arterial and 4 Lane Major) – (TDIF Facility) City TDIF Road: Portion of 53A, portion of 56C Limits: From north Village 8 West boundary, south and east ending at east Village 8 West boundary Discrete Phase Includes: Grading, drainage, sewer, surface improvements, traffic signals, environmental mitigation, associated soft costs Discrete Phase Includes: Drainage and Irrigation, associated soft costs 2. Main Street (Town Center Arterial) – (TDIF Facility) City TDIF Road: 53B Limits: From west Village 8 West boundary to east Village 8 West boundary Discrete Phase Includes: Grading, drainage, sewer, surface improvements, traffic signals, environmental mitigation, associated soft costs Discrete Phase Includes: Drainage and Irrigation, associated soft costs Page 169 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 Attachment No. 1 to First Amendment 3. Avenida Caprise (Residential Collector) – (Non-TDIF Facility) Limits: From westbound Main Street to southerly terminus of road Discrete Phase Includes: Grading, drainage, sewer, surface improvements, traffic signals, environmental mitigation, associated soft costs Discrete Phase Includes: Drainage and Irrigation, associated soft costs Page 170 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 Attachment No. 2 to First Amendment ATTACHMENT NO. 2 TO FIRST AMENDMENT CITY MASTER FEE SCHEDULE, OCTOBER 2022 Page 171 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda #213576 v3 9071.1 Attachment No. 3 to First Amendment ATTACHMENT NO. 3 TO FIRST AMENDMENT ANNUAL TAX CERTIFICATE Tax Roll: 20__-__ Special Tax Requirement Amount Debt Service on Series 2022 Bonds* Debt Service on Series 20__ Bonds Replenish Reserve Fund Cure Bond Payment Delinquency Administrative Expenses Pay-Go Authorized Facilities (through tax roll 2027-28 only) Credits for Earnings/Funds on Hand*** Credit for Delinquent Tax Collections*** Total Special Tax Levy Maximum Special Tax Levy Credit of savings as a result of Refunding Series 2022 Bonds* Allowable Special Tax Levy** ___________________________________________________ * If Series 2022 Bonds are refinanced, include refunding debt service on first line and deduct savings from Maximum Tax Levy. ** Refunding savings are not available for Pay-Go Authorized Facilities. *** Through the earlier of FY 2027-28 or the FY in which the final series of Bonds are issued, credits would only be applied if Special Taxes would otherwise need to be levied on Final Map or Undeveloped Property. Page 172 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda MASTER FEE SCHEDULE FEE BULLETIN Chapter 16 – Development & In-Lieu Fees 16-100 Development & In-Lieu Fees City of Chula Vista Development Services 276 Fourth Avenue, Chula Vista, CA 91910 October 2022 City of Chula Vista www.chulavistaca.gov New building projects are subject to Development Impact Fees. For expansion/renovation of existing projects, fees apply to the net increase in impact only, as determined by increase in dwelling units, gross acres, square feet, or vehicular trips. Pursuant to California Government Code Section 65852.2(f)(3)(A), Junior Accessory Dwelling Units and Accessory Dwelling Units of less than 750 square feet are exempt from all development impact and in-lieu fees. Accessory Dwelling Units 750 square feet or larger are charged proportionately to the primary residence, on a square footage basis. All rates are current as of the date of this Fee Bulletin. Development & In-Lieu fees may be set by Ordinance, Resolution, or Council Policy. PUBLIC FACILITIES DIF Applicable: Citywide Single Family, per dwelling unit (DU) Civic Center ...................................................... $3,903 Police ................................................................ $2,194 Corporation Yard................................................. $589 Libraries .......................................................... $2,244 Fire Suppression System .................................. $1,973 Program Administration ..................................... $788 Recreation Facilities ......................................... $1,703 Single Family Total PFDIF, per DU ................. $13,394 Multifamily, per DU Civic Center ...................................................... $3,698 Police ................................................................ $2,370 Corporation Yard................................................. $472 Libraries ........................................................... $2,244 Fire Suppression System .................................. $1,420 Program Administration ..................................... $746 Recreation Facilities ......................................... $1,703 Multi Family Total PFDIF, per DU.................. $12,653 Commercial, per gross acre Civic Center .................................................... $12,454 Police .............................................................. $10,365 Corporation Yard............................................ $10,021 Fire Suppression System .................................. $5,214 Program Administration .................................. $2,517 Commercial Total PFDIF, per acre ................. $40,571 Industrial, per gross acre Civic Center ...................................................... $3,935 Police ................................................................ $2,235 Corporation Yard.............................................. $4,719 Fire Suppression System .................................. $1,038 Program Administration ..................................... $796 Industrial Total PFDIF, per acre .................... $12,723 TRAFFIC SIGNAL FEE Applicable: Citywide Fee per vehicular trip ....................................... $47.29 See Master Fee Schedule Fee Bulletin 16-200 for Vehicular Trip Generation Table PARKLAND ACQUISITION & DEVELOPMENT The Parkland Acquisition and Development (PAD) fee consists of two fee components: land acquisition and park development. Applicable: Citywide. Parkland acquisition fees vary between eastern and western Chula Vista, as divided by I-805. Development fees are consistent citywide. Single Family, per dwelling unit Acquisition, west of I-805 ................................ $4,994 Acquisition, east of I-805 ............................... $12,676 Development, citywide .................................... $9,351 Total single family fee, west of I-805 ............ $14,345 Total single family fee, east of I-805 ............. $22,027 Multifamily, per dwelling unit Acquisition, west of I-805 ................................ $3,707 Acquisition, east of I-805 ................................. $9,408 Development, citywide .................................... $6,940 Total multifamily fee, west of I-805 ............. $10,647 Total multifamily fee, east of I-805 .............. $16,348 Mobile Home, per unit Acquisition, west of I-805 ................................ $2,337 Acquisition, east of I-805 ................................. $5,932 Development, citywide .................................... $4,376 Total mobile home fee, west of I-805 ............ $6,713 Total mobile home fee, east of I-805 ........... $10,308 Page 173 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda October 2022 MASTER FEE SCHEDULE ◼ FEE BULLETIN 16-100 Page 2 of 3 City of Chula Vista www.chulavistaca.gov EASTERN TRANSPORTATION DIF Applicable: East of I-805 Per Daily Vehicular Trip…………………………….$1,647.90 A list of common uses and their associated ETDIF fee is provided for informational purposes below. Residential, per dwelling unit (DU) Low Density: 0 – 6 DU/gross acre .................. $16,479 Medium Density: 6.1 – 18 DU/gross acre ...... $13,183 High Density: > 18.1 DU/gross acre ................. $9,887 Senior Housing: > 8 DU/gross acre .................. $6,591 Residential Mixed Use: > 18 DU/gross acre ...... $6,591 Commercial, per gross acre unless otherwise specified Mixed Use, per 20,000 SF ............................ $263,664 General: < 5 stories in height ....................... $263,664 Regional: > 60 acres or 800,000 SF .............. $181,269 High Rise: >= 5 stories in height ................... $461,412 Other, per gross acre unless otherwise specified Office: < 5 stories in height .......................... $148,311 Industrial ..................................................... $148,311 Regional Technology Park ............................ $131,832 18-Hole Golf Course, per course ............... $1,153,530 Medical Center .......................................... $1,071,135 Note: Mixed Use projects are subject to both the Mixed Use Commercial rate for the commercial portion of the project AND the Mixed Use Residential rate for the residential units. WESTERN TRANSPORTATION DIF Applicable: West of I-805, except Bayfront area Per Daily Vehicular Trip………………………………..$496.97 A list of common uses and their associated WTDIF fee is provided for informational purposes below. Residential, per dwelling unit (DU) Low Density: 0 – 6 DU/gross acre .................... $4,969 Medium Density: 6.1 – 20 DU/gross acre ........ $3,975 High Density: > 20.1 DU/gross acre ................. $2,981 Mobile Home ................................................... $2,484 Commercial, per gross acre unless otherwise specified Regional ......................................................... $99,394 Community .................................................. $139,151 Neighborhood, per 1,000 SF .......................... $23,854 Street Front .................................................... $79,515 Retail .............................................................. $79,515 Wholesale Trade .......................................... $119,272 Office, per gross acre unless otherwise specified High Rise Office: 6+ stories in height ........... $298,182 Low Rise Office: < 6 stories, per acre ........... $149,091 Low Rise Office: < 6 stories, per 1,000 SF ........ $9,939 Medical Office .............................................. $248,485 Lodging (Hotel/Motel), per gross acre unless otherwise specified Low Rise Lodging: < 4 stories, per acre .......... $99,394 Low Rise Lodging: < 4 stories, per room .......... $4,969 High Rise Lodging: 4+ stories in height ........ $149,091 Industry, per gross acre Heavy Industry ............................................... $59,636 Warehouse/Storage ....................................... $29,818 Industrial Park ................................................ $44,727 Light Industrial ............................................... $99,394 BAYFRONT TRANSPORTATION DIF Applicable: Bayfront area Per Daily Vehicular Trip…………………………….$1,201.25 A list of common uses and their associated WTDIF fee is provided for informational purposes below. Residential, per dwelling unit (DU) Low Density: 0 – 6 DU/gross acre .................. $12,012 Medium Density: 6.1 – 20 DU/gross acre ........ $9,610 High Density: > 20.1 DU/gross acre ................. $7,207 Mobile Home ................................................... $6,006 Commercial, per gross acre unless otherwise specified Regional ....................................................... $240,250 Community .................................................. $336,350 Neighborhood, per 1,000 SF .......................... $57,660 Street Front .................................................. $192,200 Retail ............................................................ $192,200 Wholesale Trade .......................................... $288,300 Office, per gross acre unless otherwise specified High Rise Office: 6+ stories in height ........... $720,750 Low Rise Office: < 6 stories, per acre ........... $360,375 Low Rise Office: < 6 stories, per 1,000 SF ...... $24,025 Medical Office .............................................. $600,625 Lodging (Hotel/Motel), per gross acre unless otherwise specified Low Rise Lodging: < 4 stories, per acre ........ $240,250 Low Rise Lodging: < 4 stories, per room ........ $12,012 High Rise Lodging: 4+ stories in height ........ $360,375 Page 174 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda October 2022 MASTER FEE SCHEDULE ◼ FEE BULLETIN 16-100 Page 3 of 3 City of Chula Vista www.chulavistaca.gov Industry, per gross acre Heavy Industry ............................................. $144,150 Warehouse/Storage ....................................... $72,075 Industrial Park .............................................. $108,112 Light Industrial ............................................. $240,250 PEDESTRIAN BRIDGE DIFs Otay Ranch Village 1, 2, 5, and 6 Pedestrian Bridge DIF Applicable: Otay Ranch Villages 1, 2, 5, and 6 Single Family, per DU ....................................... $1,043 Multifamily, per DU ............................................ $773 Otay Ranch Village 11 Pedestrian Bridge DIF Applicable: Otay Ranch Village 11 Single Family, per DU ....................................... $2,960 Multifamily, per DU ......................................... $2,194 EUC (Millenia) Pedestrian Bridge DIF Applicable: Millenia Eastern Urban Center Project Single Family, per DU ..................................... $615.13 Multifamily, per DU ....................................... $456.10 SEWER & DRAINAGE DIFs Poggi Canyon Sewer, Gravity Flows Applicable: Poggi Canyon sewer basin Fee per equivalent dwelling unit (EDU) .............. $265 Salt Creek Sewer, Gravity Flows Applicable: Salt Creek and Wolf Canyon sewer basins Fee per equivalent dwelling unit (EDU) ........... $1,681 Page 175 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE Agreements: Approve Agreements With Best, Best & Krieger for Legal Services and Bond and Disclosure Counsel Services for Two New Community Facilities Districts Report Number: 24-0077 Locations: 565 Broadway (prior Sears property at Chula Vista Center) and 676 Moss Street Department: Development Services G.C. § 84308: Yes Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt resolutions approving legal services agreements for legal services, bond, and disclosure counsel services between the City and Best, Best & Krieger (“BB&K”) for two separate Community Facilities Districts: A) BBK Agreement CFD 2024-1 (Citrus Bay) and, B) BBK Agreement CFD 2024-2 (676 Moss Street). SUMMARY Two developers have each requested the formation of Community Facilities Districts (“CFDs”) to finance public facilities and Development Impact Fees (“DIFs”) which are required of their development projects, known as Citrus Bay located at 565 Broadway and 676 Moss Street (the “Projects”). It is necessary for the City to use outside legal counsel to facilitate the formation of these two new CFDs and the sale of the bonds. The City Attorney’s Office in consultation with the Purchasing Agent has determined that pursuant to Chula Vista Municipal Code Section 2.56.110(F), the award of the contract to Best, Best & Krieger is appropriate based on their unique qualifications and historical performance providing legal servi ces for CFD formation, bond, and disclosure counsel services. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines Page 176 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 because the proposed activity consists of a governmental fiscal/administrative activity which does 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Mello-Roos Community Facilities Act of 1982 (“Mello-Roos Act”) and the City’s Ordinance No. 2730, as amended and codified in Chapter 3.60 of the Chula Vista Municipal Code, allows for the creation of Community Facilities Districts (“CFDs”) to finance certain public capital facilities, services, and Development Impact Fees (“DIFs”). Each local jurisdiction must first adopt local goals and policies as a prerequisite to forming CFDs pursuant to the Mello-Roos Act. In January 1998, the City adopted the City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts (“Goals and Policies”), which was most recently amended in October 2023. The Goals and Policies allow the City to consider applications initiated by owners or developers of property proposed to be developed to finance public facilities, services, or DIFs that are obligations of or serve the proposed project. The City has received applications from the developers of each of the Projects described within this staff report. Staff has determined that the proposals are consistent with the City’s Goals and Policies and confirm that the City may proceed with the proposed formation of these CFDs. Formation of CFDs requires special legal counsel in order to comply with the Mello-Roos Act and Internal Revenue Service (IRS) regulations for the issuance of bonds. The City Attorney’s Office in consultation with the Purchasing Agent has determined that, pursuant to CVMC Section 2.56.110(F), the award of the contract to Best, Best & Krieger is appropriate based on their unique qualifications and performance capabilities, including their experience providing legal services for CFD formation, bond, and disclosure counsel services for the City of Chula Vista. If these resolutions are approved, BB&K will provide legal services, bond, and disclosure services for the following proposed CFDs: CFD 2024-1 (Citrus Bay) The Citrus Bay project includes 244-units of market-rate, for sale, attached residential housing units (townhomes) within 29 buildings and a 0.5-acre public park (“Project”). The Project is replacing the vacant Sears building located at the Chula Vista Shopping Center. The property is owned by WC Broadway CV 256, LLC, which is an entity related to California West Communities, LLC (“Developer”). Tentative Map No. TM22-0001 and Design Review Permit No. DR22-0003 were approved by the Planning Commission on January 25, 2023. The Final Map was recorded on March 19, 2024 (Map No. 16606; File No. 2024-7000120) creating the legal lots for the 0.5 acre public park and the residential development. The previous Sears building has been demolished, grading activities have commenced, and home construction is anticipated to start 3rd quarter 2024. It is anticipated that CFD 2024-1 (Citrus Bay) will finance construction of the public park and various DIFs. The amount of the BB&K legal services agreement for this matter is based on a time and materials structure, with a not to exceed amount of $100,000. Page 177 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 CFD 2024-2 (676 Moss Street) The project located at 676 Moss Street includes 141 for sale, multi-family residential units within three buildings on 6.94-acres. A Rezone (PCZ18-0001), amendment to the General Plan (MPA18-0015), Tentative Map (PCS18-0006) and Design Review (DR18-0028) were approved by City Council in December 2020. A demolition permit for removal of the existing vacant buildings was issued on March 14, 2024. It is anticipated that CFD 2024-2 (676 Moss Street) will finance various DIFs. Home construction is anticipated to start in 4th quarter 2024. The amount of the legal services agreement for this matter is based on a time and materials structure, with a not to exceed amount of $100,000. The City Council will hear a Resolution of Intention to form each of these CFDs at a future meeting. Subsequently, the Council will vote on the formation of each CFD at a public hearing to be scheduled not less than 30 days and not more than 60 days after the adoption of the Resolution of Intention. City staff recommends that the City Council approve the two legal services agreements for the necessary work to create the two new Community Facilities Districts. 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 There is no current-year fiscal impact to the General Fund or the Development Services Fund. The legal fees for formation of the CFDs are paid by the Developers. The bond counsel and bond disclosure fees are paid from the proceeds of the bond sale. ONGOING FISCAL IMPACT There is no on-going fiscal impact to the General Fund or the Development Services Fund. The legal fees for formation of the CFDs are paid by the Developers. The bond counsel and bond disclosure fees are paid from the proceeds of the bond sale. ATTACHMENTS 1. Legal Services Agreement – BBK for CFD 2024-1 (Citrus Bay) 2. Legal Services Agreement – BBK for CFD 2024-2 (676 Moss Street) Staff Contact: Kimberly Elliott, Facilities Financing Manager Laura C. Black, AICP, Director of Development Services Page 178 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION, BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-1 (CITRUS BAY) WHEREAS, CWC BROADWAY CV 256 LLC, (“Developer”) is the owner of the Citrus Bay project at the Chula Vista Center (former Sears Site). Developer has requested that the City of Chula Vista (City”) form a Community Facilities District (“CFD”) to finance public improvements and development impact fees which are a requirement to develop the Citrus Bay project; and WHEREAS, the City of Chula Vista (“City”) requires legal services, independent bond counsel, and bond disclosure services to be performed in connection with formation of this CFD 2024-1 (Citrus Bay); and WHEREAS, in accordance with Chula Vista Muncipal Code (“CMVC”) Section 2.56.110(A)(1) and (F), staff has determined that Best, Best & Krieger has the demonstrated competence and qualifications for the services required, including their knowledge and experience with the City’s bond financings, and has also determined that their fees are fair and reasonable; and WHEREAS, the City Attorney’s Office in consultation with the Purchasing Agent, has determined that pursuant to CVMC Section 2.56.110(F), the award of the contract to Best, Best & Krieger is based on their unique qualifications and performance qualifications providing legal servcies for CFD formation, bond, and disclosure services in the City of Chula Vista; and WHEREAS, staff recommends that the City enter into an agreement with Best, Best & Krieger to provide necessary legal services, bond counsel, and bond disclosure services for the formation of CFD 2024-1 (Citrus Bay); and WHEREAS, Best, Best & Krieger warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required to City in accordance with the time frames and the terms and conditions of the Legal Services Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Legal Services Agreement for Legal Services, Bond Counsel, and Bond Disclosure Services, between the City and Best, Best and Krieger 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 Attorney to execute same. Page 179 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 180 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A LEGAL SERVICES AGREEMENT TO PROVIDE LEGAL SERVICES FOR COMMUNITY FACILITIES DISTRICT FORMATION, BOND COUNSEL, AND BOND DISCLOSURE SERVICES BETWEEN THE CITY AND BEST, BEST & KRIEGER FOR COMMUNITY FACILITIES DISTRICT 2024-2 (676 MOSS STREET) WHEREAS, Shea Homes Limited Partnership, (“Developer”) is the owner of the Moss Street project located at 676 Moss Street (“the Project”). Developer has requested that the City of Chula Vista (City”) form a Community Facilities District (“CFD”) to finance public improvements and development impact fees which are a requirement to develop the Project; and WHEREAS, the City of Chula Vista (“City”) requires legal services, independent bond counsel, and bond disclosure services to be performed in connection with formation of this CFD 2024-2 (676 Moss Street); and WHEREAS, in accordance with Chula Vista Muncipal Code (“CMVC”) Section 2.56.110(A)(1) and (F), staff has determined that Best, Best & Krieger has the demonstrated competence and qualifications for the services required, including their knowledge and experience with the City’s bond financings, and has also determined that their fees are fair and reasonable; and WHEREAS, the City Attorney’s Office in consultation with the Purchasing Agent, has determined that pursuant to CVMC Section 2.56.110(F), the award of the contract to Best, Best & Krieger is based on their unique qualifications and performance characteristics providing legal servcies for CFD formation, bond, and disclosure services in the City of Chula Vista; and WHEREAS, staff recommends that the City enter into an agreement with Best, Best & Krieger to provide necessary legal services, bond counsel and bond disclosure services for the formation of CFD 2024-2 (676 Moss Street); and WHEREAS, Best, Best & Krieger warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required to City in accordance with the time frames and the terms and conditions of the Legal Services Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Legal Services Agreement for Legal Services, Bond Counsel and Bond Disclosure Services, between the City and Best, Best and Krieger 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 Attorney to execute same. Page 181 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Page 182 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 1 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Legal Services Agreement (“Agreement”) is entered into December 5, 2023 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”). RECITAL Attorney represents it is qualified by virtue of experience, training, education, and expertise to accomplish the services to be provided under this Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall cover services rendered from the first communication between the City and Attorney until one-year after the Effective Date. Notwithstanding the original term above, the City has the option to extend the term of this Agreement for up to five (5) one-year increments. The City Attorney shall be authorized to exercise the options to extend. If City exercises an option to extend, each extension shall be on the same terms and conditions herein unless otherwise amended in a written amendment between the parties. 2. Services to be Provided. The services to be performed by Attorney shall consist of the performance of any and all tasks and services reasonably required to advise, assist, and fully and competently represent the City in all legal matters presented to Attorney and on any matters in litigation, wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the City in the matter of CFD 2024-1 (Citrus Bay) Formation and Bond Issuance. (collectively, the “Required Services”). 3. Compensation - Attorney shall be compensated for performance of the Required Services as follows: 3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not exceed $100,000 without the express written authorization of the City prior to work or services performed. Any amounts incurred beyond that amount that were not so approved in writing, are subject to non-payment. Attorney shall submit an initial estimated budget and a liability assessment within thirty (30) days following the receipt of initial file and assignment. Prior to commencing services under this Agreement, Attorney shall obtain advance approval of the individual attorneys who will be performing any Required Services. Additionally, Attorney shall obtain advance approval of any changes to the individual attorneys performing any Required Services. The City shall compensate Attorney for the Required Services satisfactorily performed and approved at Page 183 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 2 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 the following hourly rates: This engagement will consist of two phases. Phase 1 services will include the formation of the CFD, and Phase 2 will include bond and, if requested, disclosure counsel services. The total amounts billed under Phases 1 and 2 shall not exceed the $100,000 not-to-exceed amount described above. Phase 1 services, which include formation of the CFD and negotiation of any supplemental agreements (including without limitation funding agreements and joint community facilities agreements), shall be billed on an hourly basis at the following rates: Kim A. Byrens $500 per hour Daniella Hernandez $330 per hour Lutfi Kharuf $475 per hour Paralegal Services $265 per hour Phase 2 will include all services related to the issuance of debt. Based on our current understanding of the issuance of the financing and the involvement of Best Best & Krieger LLP attorneys in drafting documents relating to the issuance of the financing and delivering our legal opinion, our fees for such transaction would be $40,000, assuming that the bond issue is issued. In the event that no financing is completed and bonds are not issued or if the transaction is completed and our involvement differs significantly from our expectations as set forth in this letter, we would expect to be paid a fee that we mutually agree would reflect reasonable compensation for legal services rendered considering the risk undertaken and the level of expertise required to undertake such legal service based upon the hourly rates of the attorneys involved. If we are asked to provide disclosure counsel services and deliver a letter as disclosure counsel the delivery of the bonds, our fees for such services will be $15,000. Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. 3.2 Billing. Attorney agrees to provide City with a detailed invoice for the Required Services performed each month, within thirty (30) days of the end of the month in which the Required Services were performed. 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 and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate, basis for calculation of all fees and costs, total fees and costs incurred, total amount paid and balance remaining. All invoices submitted must include, on the first page of the invoice, the original estimated budget, and all subsequently revised budgets, beginning with the first invoice submitted and all invoices thereafter. Page 184 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 3 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 The City does not pay for the preparation of billings or for discussions concerning billing. The City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for performing any task unless the City has expressly authorized in writing the use of two or more attorneys for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: Chula Vista City Attorney’s Office ATTN: Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees to pay Attorney for the approved amounts within thirty (30) days. 3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs, travel, and expenses. These records shall be made available to the City upon reasonable request. The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by Attorney in performing any services under this Agreement as follows: a) Photocopying charges at no more than $0.15 per page. b) Parking Fees at the actual amount charged to Attorney. c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred outside of San Diego County must be authorized and approved in advance of the City. d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees and the cost of serving process actually incurred by Attorney. e) Attorney may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the City. The City will not reimburse Attorney for any additional charges incurred due to “rush” deliveries or “late” charges, unless such expenses are approved in writing and in advance by the City after the need for such services is determined by the City to be reasonably beyond the control of Attorney. To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. 3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the City, authorized and approved in writing and in advance, for which the City shall reimburse the Attorney or pay investigators, consultants, or experts directly. In no event shall Attorney retain any service of any expert, investigator , or consultant without first receiving express authorization and approval from the City. Page 185 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 4 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 4. Insurance. 4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) aggregate. The City reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of “A+” or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the City. If the Attorney maintains higher limits than the minimums stated above, the City requires and shall be entitled to coverage for the higher limits maintained by the Attorney. Said insurance policy shall be written on a policy form coverage specifically designed to protect against negligent acts and errors or omissions of Attorney. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Attorney to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the deductible or retention. Attorney shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the City Attorney, a Certificate of Insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until the later of the date of expiration or termination of this Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney shall renew the Certificates of Insurance at least fifteen (15) days prior to expiration and submit to the City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of Insurance may result in a delay of payment. Attorney shall not commence any work under this Agreement until Attorney has obtained and submitted all City approved insurance. All insurance required shall be carried only by responsible insurance companies licensed to do business in California. All policies shall contain language to the effect that: (1) the insurer waives any right of subrogation against the City and the City’s elected officials, officers, employees, agents, and representatives; and (2) insurance shall be primary non-contributing and any other insurance carried by the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make Attorney other than an independent contractor for all purposes. Attorney agrees to notify the City in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, Page 186 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 5 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’ fees, arising out of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub- contractors, or independent contractors of Attorney, except where the loss or liability arises out of the sole negligence or willful misconduct of the City. 6. City Agent. The City Attorney, for the purposes of this Agreement, is the agent for the City. Whenever authorization or approval is required, Attorney understands that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. Attorney represents that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the City which may be affected by the services to be performed by Attorney under this Agreement. Attorney further agrees that no person having any such interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain from any contracts or decisions under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the Business and Professions Code and by California Rules of Professional Conduct, Attorney represents that no Attorney shall represent clients before any board, commission, committee or agency of the City or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. Attorney shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes , and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by Attorney shall be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand or upon termination of this Agreement. 12. Notices. Attorney must immediately advise City of any significant developments in the performance of the Required Services. City requires that drafts of all pleadings or papers filed with the court be provided to City in advance of filing and with adequate time for review and comment by Cit y. Attorney must immediately advise City of all trial related dates, any dates for alternative dispute resolution, and any motion or court hearing dates upon first notification to Attorney of such dates. Page 187 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 6 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify the City within ten (10) days of the date of any change of address and agree to keep an updated address with the applicable Courts on any matters that Attorney is representing the City. a. Address of Attorney is as follows: KIM A. BYRENS BEST BEST & KRIEGER 3390 UNIVERSITY AVENUE, 5TH FLOOR RIVERSIDE, CALIFORNIA 92502 KIM.BYRENS@BBKLAW.COM b. Address of City is as follows: Chula Vista City Attorney’s Office ATTN: Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 cityattorney@chulavistaca.gov 13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not substitute out as Attorney of Record on any matters it may be representing the City without first obtaining written consent from the City, or first obtaining an appropriate Court Order, allowing Attorney to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their performance of Required Services rendered under this Agreement shall be assigned by Attorney or subcontracted to any other party without prior written authorization and approval of the City. 15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. City Audit. The City is required to complete an annual audit. The Auditors may contact and require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may be required. 19. Entire Agreement. This Agreement represents the parties’ final and mutual understanding. This Agreement supersedes any previous agreements, oral or written. Page 188 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 7 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 20. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and At torney survive the termination of this Agreement. 26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political Reform Act conflict of interest and disclosure provisions and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit A, or if none are specified, then as determined by the City Attorney. 27. Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit B, incorporated into the Agreement by this reference. Page 189 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 8 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year shown hereinabove. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Lutfi Kharuf, Partner Best Best & Krieger Page 190 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 9 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 STATEMENT OF ECONOMIC INTERESTS CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP Attorney: Kim A. Byrens, Daniella Hernandez, Lutfi Kharuf ( ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer. ( X ) FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyond the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: ( ) 1. All investments, sources of income, and business positions; ( ) 2. Interests in real property located in the City of Chula Vista; ( ) 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of a City department; ( ) 4. Investments, business positions in business entities, and sources of income that engage in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City of Chula Vista; ( ) 5. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to the City of Chula Vista; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by the City; ( ) 6. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to a City department; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by a City department; Page 191 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 10 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 ( ) 7. Investments, business positions in business entities, and sources of income that, within the past two years, have received grants or other monies from or through the City of Chula Vista. EXHIBIT B LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer1 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐ A. The Levine Act DOES NOT apply to this Agreement. ☒ B. The Levine Act does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below:  Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc  Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☒ If yes, which Officer(s): A partner at Best Best & Krieger LLP made political contributions to City Attorney Marco Verdugo totaling more than $250 in the 12 months preceding the anticipated date of the Council action related to this Agreement. Marco Verdugo returned the portion of the contribution exceeding $249 within 30 days from the time he knew about the contribution and the Council action in accordance with California Government Code section 84308(d)(1). NO: ☐ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 1 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 192 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 11 of 11 LSA-BB&K Citrus Bay CFD April 9, 2024 Revised date: 2/24/2023 ACN 2024-071 Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. Page 193 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 1 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 LEGAL SERVICES AGREEMENT CITY OF CHULA VISTA AND BEST BEST & KRIEGER LLP This Legal Services Agreement (“Agreement”) is entered into April 23, 2024 (“Effective Date”), by and between the City of Chula Vista (“City”) and Best Best & Krieger LLP (“Attorney”). RECITAL Attorney represents it is qualified by virtue of experience, training, education, and expertise to accomplish the services to be provided under this Agreement. AGREEMENT THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. Term of Agreement. This Agreement shall cover services rendered from the first communication between the City and Attorney until one-year after the Effective Date. Notwithstanding the original term above, the City has the option to extend the term of this Agreement for up to five (5) one-year increments. The City Attorney shall be authorized to exercise the options to extend. If City exercises an option to extend, each extension shall be on the same terms and conditions herein unless otherwise amended in a written amendment between the parties. 2. Services to be Provided. The services to be performed by Attorney shall consist of the performance of any and all tasks and services reasonably required to advise, assist, and fully and competently represent the City in all legal matters presented to Attorney and on any matters in litigation, wherein Attorney is consulted by, or appears on behalf of, the City. Attorney’s services shall include, but are not limited to, any and all reasonably required legal representation on behalf of the City in the matter of CFD 2024-2 (676 Moss Street) Formation and Bond Issuance. (collectively, the “Required Services”). 3. Compensation - Attorney shall be compensated for performance of the Required Services as follows: 3.1 Amount. The total amount of service and costs to be paid under this Agreement shall not exceed $100,000 without the express written authorization of the City prior to work or services performed. Any amounts incurred beyond that amount that were not so approved in writing, are subject to non-payment. Attorney shall submit an initial estimated budget and a liability assessment within thirty (30) days following the receipt of initial file and assignment. Prior to commencing services under this Agreement, Attorney shall obtain advance approval of the individual attorneys who will be performing any Required Services. Additionally, Attorney shall obtain advance approval of any changes to the individual attorneys performing any Required Services. The City shall compensate Attorney for the Required Services satisfactorily performed and approved at Page 194 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 2 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 the following hourly rates: This engagement will consist of two phases. Phase 1 services will include the formation of the CFD, and Phase 2 will include bond and, if requested, disclosure counsel services. The total amounts billed under Phases 1 and 2 shall not exceed the $100,000 not-to-exceed amount described above. Phase 1 services, which include formation of the CFD and negotiation of any supplemental agreements (including without limitation funding agreements and joint community facilities agreements), shall be billed on an hourly basis at the following rates: Kim A. Byrens $500 per hour Daniella Hernandez $330 per hour Lutfi Kharuf $475 per hour Paralegal Services $265 per hour Phase 2 will include all services related to the issuance of debt. Based on our current understanding of the issuance of the financing and the involvement of Best Best & Krieger LLP attorneys in drafting documents relating to the issuance of the financing and delivering our legal opinion, our fees for such transaction would be $40,000, assuming that the bond issue is issued. In the event that no financing is completed and bonds are not issued or if the transaction is completed and our involvement differs significantly from our expectations as set forth in this letter, we would expect to be paid a fee that we mutually agree would reflect reasonable compensation for legal services rendered considering the risk undertaken and the level of expertise required to undertake such legal service based upon the hourly rates of the attorneys involved. If we are asked to provide disclosure counsel services and deliver a letter as disclosure counsel the delivery of the bonds, our fees for such services will be $15,000. Travel time shall be billed at the same hourly rate. Except for reimbursable expenses as defined below, such hourly compensation shall be the sole and total remuneration for services rendered pursuant to this Agreement. 3.2 Billing. Attorney agrees to provide City with a detailed invoice for the Required Services performed each month, within thirty (30) days of the end of the month in which the Required Services were performed. 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 and in a manner such that each task is separately explained in reasonable detail, and with a specific time allocation recorded, for each task. The invoice shall include the amount, billing rate, basis for calculation of all fees and costs, total fees and costs incurred, total amount paid and balance remaining. All invoices submitted must include, on the first page of the invoice, the original estimated budget, and all subsequently revised budgets, beginning with the first invoice submitted and all invoices thereafter. Page 195 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 3 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 The City does not pay for the preparation of billings or for discussions concerning billing. The City will not accept and will not be responsible for block or cumulative invoice entries. Attorney shall not charge the City for more than one Attorney’s time when appearing at a meeting, in Court, or for performing any task unless the City has expressly authorized in writing the use of two or more attorneys for the appearance or task. All billing for work performed under this Agreement shall be sent to the following: Chula Vista City Attorney’s Office ATTN: Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 3.3 Payment to Attorney. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed by Attorney, City agrees to pay Attorney for the approved amounts within thirty (30) days. 3.4 Reimbursements for Expenses. Attorney shall keep accurate records of all costs, travel, and expenses. These records shall be made available to the City upon reasonable request. The City will reimburse actual, reasonable, and necessary out of pocket expenses incurred by Attorney in performing any services under this Agreement as follows: a) Photocopying charges at no more than $0.15 per page. b) Parking Fees at the actual amount charged to Attorney. c) Travel/Mileage at the current federal per mile rate. Any travel fees incurred outside of San Diego County must be authorized and approved in advance of the City. d) Statutory Fees, Witness fees, Reporters fees, Stenographic transcription, jury fees and the cost of serving process actually incurred by Attorney. e) Attorney may seek reimbursement for any actual, reasonable and necessary expenses incurred on items not identified above with the prior authorization and approval by the City. The City will not reimburse Attorney for any additional charges incurred due to “rush” deliveries or “late” charges, unless such expenses are approved in writing and in advance by the City after the need for such services is determined by the City to be reasonably beyond the control of Attorney. To obtain reimbursement, Attorney shall submit a monthly summary of expenses, along with all supporting receipts, within thirty (30) days of the expense being incurred. 3.5 Expert Consultations and Witnesses. Expert consultations and witnesses, and any investigators, may be retained on terms acceptable to the City, authorized and approved in writing and in advance, for which the City shall reimburse the Attorney or pay investigators, consultants, or experts directly. In no event shall Attorney retain any service of any expert, investigator , or consultant without first receiving express authorization and approval from the City. Page 196 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 4 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 4. Insurance. 4.1 Professional Errors and Omissions Insurance. Attorney shall obtain and maintain in full force and effect at all times Professional Errors and Omissions Liability Insurance. Such insurance shall provide coverage in an amount not less than two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) aggregate. The City reserves the right to require insurance for a higher coverage than the minimum limits noted above. All insurance carriers shall hold a Best rating of “A+” or better. The insurance policy required under this paragraph shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage, or in limits, except after thirty (30) days prior written notice, by certified mail return receipt requested, given to the City. If the Attorney maintains higher limits than the minimums stated above, the City requires and shall be entitled to coverage for the higher limits maintained by the Attorney. Said insurance policy shall be written on a policy form coverage specifically designed to protect against negligent acts and errors or omissions of Attorney. Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require Attorney to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the deductible or retention. Attorney shall, within ten (10) days after entering into this Agreement, and before commencing or performing any services under the Agreement, deposit with the City Attorney, a Certificate of Insurance certifying that all insurance required herein is, and will be, in full force and effect from the time the Agreement is entered into until the later of the date of expiration or termination of this Agreement. Should Attorney’s insurance policy terminate during the Agreement period, the Attorney shall renew the Certificates of Insurance at least fifteen (15) days prior to expiration and submit to the City at least ten (10) days prior to expiration. Any delay in submission of current Certificates of Insurance may result in a delay of payment. Attorney shall not commence any work under this Agreement until Attorney has obtained and submitted all City approved insurance. All insurance required shall be carried only by responsible insurance companies licensed to do business in California. All policies shall contain language to the effect that: (1) the insurer waives any right of subrogation against the City and the City’s elected officials, officers, employees, agents, and representatives; and (2) insurance shall be primary non-contributing and any other insurance carried by the City shall be excess over such insurance. Attorney shall furnish the City with copies of all applicable policies promptly upon receipt. Nothing in this section shall be construed to make Attorney other than an independent contractor for all purposes. Attorney agrees to notify the City in the event that the limits shall fall below the coverage stated above or if the insurance policies noted here are allowed to lapse and substitute insurance is, or is not, obtained. 5. Indemnification. Attorney agrees to protect, hold harmless, defend, and indemnify the City, its employees, elective or appointive boards, officers, agents, agenda and affiliates, from any and all loss, Page 197 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 5 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 claims liabilities, expenses, or damages of any nature whatsoever, including Attorneys’ fees, arising out of or in any way connected with the misconduct, negligent acts, errors or omissions in the performance of the Required Services under Agreement by Attorney, Attorney’s agents, officers, employees, sub- contractors, or independent contractors of Attorney, except where the loss or liability arises out of the sole negligence or willful misconduct of the City. 6. City Agent. The City Attorney, for the purposes of this Agreement, is the agent for the City. Whenever authorization or approval is required, Attorney understands that the City Attorney has the authority to provide the authorization or approval. 7. Independent Contractor. Attorney, and anyone employed by Attorney, are not and shall not be, deemed employees of the City. Attorney is solely responsible for the payment of employment taxes, workers compensation taxes, and any other taxes for employees. 8. Conflict of Interest. Attorney represents that they presently have no material financial interest other than that which may be held by the general public and shall not acquire any interest, direct or indirect, in any contract or decision made on behalf of the City which may be affected by the services to be performed by Attorney under this Agreement. Attorney further agrees that no person having any such interest shall be employed by them. If Attorney or their employees acquire a direct or indirect personal interest, such interest shall be immediately disclosed to the City and the interested individual shall abstain from any contracts or decisions under this Agreement. In addition to the proscriptions regarding conflicts of interest imposed on Attorney by the Business and Professions Code and by California Rules of Professional Conduct, Attorney represents that no Attorney shall represent clients before any board, commission, committee or agency of the City or represent any client with interests adverse to the City. Furthermore, Attorney shall at all times avoid conflicts of interest or the appearance of a conflict of interest in performance of this Agreement. Attorney shall immediately notify the City Attorney of any circumstances, or change of circumstances, that may provide for the potential for a conflict of interest, or actual conflict of interest. 9. Non-Liability of Officials/Employees of the City. No official or employee of the City shall be personally liable for any default or liability under this Agreement. 10. Compliance with Law. Attorney shall comply with all applicable laws, ordinances, codes , and regulations of all Federal, State, and local governments. In addition, Attorney agrees to abide by all ethical and moral standards as represented by the Rules of Professional Conduct as applied to the California State Bar. 11. Work Product. All documents, or other information developed or received, by Attorney shall be the property of the City. Attorney shall provide the City with copies of items upon reasonable demand or upon termination of this Agreement. 12. Notices. Attorney must immediately advise City of any significant developments in the performance of the Required Services. City requires that drafts of all pleadings or papers filed with the court be provided to City in advance of filing and with adequate time for review and comment by City. Attorney must immediately advise City of all trial related dates, any dates for alternative dispute resolution, and any motion or court hearing dates upon first notification to Attorney of such dates. Page 198 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 6 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 All notices shall be personally delivered or mailed, via first class mail, to the below listed address. In addition, such addresses shall be used for delivery for service of process. Attorney agrees to notify the City within ten (10) days of the date of any change of address and agree to keep an updated ad dress with the applicable Courts on any matters that Attorney is representing the City. a. Address of Attorney is as follows: KIM A. BYRENS BEST BEST & KRIEGER 3390 UNIVERSITY AVENUE, 5TH FLOOR RIVERSIDE, CALIFORNIA 92502 KIM.BYRENS@BBKLAW.COM b. Address of City is as follows: Chula Vista City Attorney’s Office ATTN: Law Office Manager 276 Fourth Avenue Chula Vista, CA 91910 cityattorney@chulavistaca.gov 13. Default/Termination of Agreement. City and Attorney shall have the right to terminate this Agreement without cause by giving fifteen (15) days written notice. However, Attorney shall not substitute out as Attorney of Record on any matters it may be representing the City without first obtaining written consent from the City, or first obtaining an appropriate Court Order, allowing Attorney to withdraw as counsel of record. 14. Limitations Upon Assignment/Subcontracting. Attorney agrees that no portion of their performance of Required Services rendered under this Agreement shall be assigned by Attorney or subcontracted to any other party without prior written authorization and approval of the City. 15. Non-Discrimination. Attorneys covenant there shall be no discrimination based upon race, color, creed, religion, sex, marital status, age, handicap, national origin, or ancestry, in any activity pursuant to this Agreement. 16. Time of Essence. Time is of the essence in the performance of this Agreement. 17. Authority to Execute. The persons executing this Agreement on behalf of the parties warrant that they are duly authorized to execute this Agreement as herein stated. 18. City Audit. The City is required to complete an annual audit. The Auditors may contact and require some input from Attorney concerning matters Attorney is engaged for the City. Attorney agrees to cooperate, at no charge to the City, for such cooperation or input as may be required. 19. Entire Agreement. This Agreement represents the parties’ final and mutual understanding. This Agreement supersedes any previous agreements, oral or written. Page 199 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 7 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 20. Modification. This Agreement shall not be modified or replaced except by another signed, written Agreement, properly executed by the parties. 21. Waiver. The waiver of any breach or any provision of this Agreement does not waive any other breach of that term, or any other term, in this Agreement. 22. Partial Invalidity. If any part of this Agreement is found for any reason to be unenforceable, all other parts nonetheless shall remain in force. 23. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of California. Any action commenced regarding this Agreement shall be filed in the Central Branch of the San Diego Superior Court. 24. Interpretation. This Agreement shall be interpreted as though prepared by both parties. 25. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between the City and Attorney survive the termination of this Agreement. 26. Financial Interests. Attorney is deemed to be a “Consultant” for the purposes of the Political Reform Act conflict of interest and disclosure provisions and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Exhibit A, or if none are specified, then as determined by the City Attorney. 27. Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit B, incorporated into the Agreement by this reference. Page 200 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 8 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 IN WITNESS WHEREOF, these parties have executed this Agreement on the day and year shown hereinabove. CITY OF CHULA VISTA By: ________________________________________________________ Marco A. Verdugo City Attorney ATTORNEY By: ________________________________________________________ Lutfi Kharuf, Partner Best Best & Krieger Page 201 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 9 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 EXHIBIT A STATEMENT OF ECONOMIC INTERESTS Attorney: Kim A. Byrens, Daniella Hernandez, Lutfi Kharuf ( ) Not Applicable. Not a Fair Political Practices Commission (“FPPC”) Filer. ( X ) FPPC Filer. If Attorneys in the performance of its services under this agreement: (1) conduct research and arrives at conclusions with respect to its rendition of information, advice, recommendations or counsel independent of the control and direction of the City or of any City official, other than normal contract monitoring; and (2) possesses no authority with respect to any City decision beyon d the rendition of information, advice, recommendations or counsel, Attorneys should not be designated as an FPPC Filer. If Attorneys are designated as FPPC filers, specify below which disclosure categories apply: ( ) 1. All investments, sources of income, and business positions; ( ) 2. Interests in real property located in the City of Chula Vista; ( ) 3. Investments, business positions, interests in real property, and sources of income subject to the regulatory, permit or licensing authority of a City department; ( ) 4. Investments, business positions in business entities, and sources of income that engage in land development, construction, or the acquisition or sale of real property within the jurisdiction of the City of Chula Vista; ( ) 5. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to the City of Chula Vista; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by the City; ( ) 6. Investments and business positions in business entities that, within the past two years, have provided leased facilities, services, supplies, materials, machinery or equipment to a City department; or income from sources that provide leased facilities, goods, equipment, vehicles, machinery or services (including training or consultant services) of the type utilized by a City department; ( ) 7. Investments, business positions in business entities, and sources of income that, within the past two years, have received grants or other monies from or through the City of Chula Vista. Page 202 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 10 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 EXHIBIT B LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer1 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐ A. The Levine Act DOES NOT apply to this Agreement. ☒ B. The Levine Act does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below:  Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc  Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☒ If yes, which Officer(s): A partner at Best Best & Krieger LLP made political contributions to City Attorney Marco Verdugo totaling more than $250 in the 12 months preceding the anticipated date of the Council action related to this Agreement. Marco Verdugo returned the portion of the contribution exceeding $249 within 30 days from the time he knew about the contribution and the Council action in accordance with California Government Code section 84308(d)(1). NO: ☐ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified 1 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 203 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 11 of 11 LSA-BB&K Moss Street April 9, 2024 Revised date: 2/24/2023 ACN 2024-072 Officer(s) from participating in any actions related to the Agreement. Page 204 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE Equipment Lease Agreement and Appropriation: Approve an Equipment Lease Agreement with Lenovo Financial Services to Purchase Mobile Data Computers for the Police Department and Appropriate Funds for That Purpose Report Number: 24-0058 Location: No specific geographic location Department: Police G.C. § 84308: Yes 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 an equipment lease agreement with Lenovo Financial Services to fund the purchase of Mobile Data Computers from CDW+G LLC for the Police Department and appropriating funds for that purpose. (4/5 Vote Required) SUMMARY The Police Department has conducted extensive research regarding replacing the fleet of mobile data computers in police vehicles and is requesting authorization to purchase mobile data computers from CDW+G LLC. The purchase of the mobile data computers will be financed through a four-year equipment lease with Lenovo Financial Services. 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 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. Thus, no environmental review is required. Page 205 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In coordination with the Finance Department, the Police Department entered into four-year lease agreements in 2015 and 2019 to acquire mobile data computers (MDC). The most recent lease agreement expired in October 2023. After extensive research conducted by Police Department staff, the Police Department is recommending the lease of Panasonic Toughbook computers from CDW+G LLC (CDW). Since 2020, the Police Department has had issues with the current fleet of MDC’s manufactured by Dell. The two main, critical issues resulting in the consideration of other makes and manufacturers of these MDC’s are: 1. GPS (Global Positioning System) Chip – required to relay Officer location data accurately to the Computer Aided Dispatch System (CAD). It is imperative that accurate location data is displayed for Officer and Public Safety. Inaccuracy can result in delays for calls for service. 2. Battery Life – The MDC’s are supposed to be designed to last a 12 hour shift. Hardware design flaws and docking station compatibility have led to these devices becoming inoperable during shifts that can last anywhere between 8-12 hours. To address the above issues: 1. GPS – The IT department opened numerous trouble tickets with Dell to address the issue. Resolution to these issues included custom software package updates, and (if software updates were unsuccessful) replacing the GPS hardware within the machine, often with new, but identical hardware. The issues continued to persist even after these remedies were applied. 2. Battery Life – As above, support issues have been brought to the manufacturer’s attention resulting in customized chipset software updates that still did not resolve the issue. Because of these critical needs, other brands were considered as replacements. The two brands that were considered for evaluation were the Dell Latitude 5430, and the Panasonic FZ-55 based on similar performance, technical specification, and price\value. Over a period of months, it was determined through feedback from Patrol Officers in the field and hardware and performance analysis by the Police Technology Unit, that the performance of the Dell Latitude 5430 was not significantly different from the current fleet. The Panasonic FZ-55 (Panasonic Toughbook), however, has excelled in current operation of software, as well as provided accurate and reliable GPS data compared to the Dell device. The Panasonic Toughbook has proven to be a highly reliable and rugged tool for officers in the field. Officers can access their email, various criminal databases, gather information from CAD system, write reports utilizing the report management system (NetRMS), and a whole host of other software solutions. Normal turnover for these types of computers is four years. Pursuant to Municipal Code Section 2.56.110 (Cooperative Purchasing Agreements) the City can strategically leverage cooperative purchasing programs to procure supplies, equipment and services. The lease of 153 mobile data computers and associated equipment from CDW is outlined in a cooperative contract through Omnia Partners contract number 2018011-01. The cost for the MDC lease is outlined in the chart below. Page 206 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 Item Description Quantity Unit Cost Subtotal Sales Tax TOTAL Panasonic Toughbook 153 $3,347.28 $512,133.84 $44,811.71 $556,945.55 Panasonic Service Package 153 $508.77 $77,841.81 $0.00 $77,841.81 Panasonic Desktop Docking Station 28 $349.92 $9,797.76 $857.30 $10,655.06 Panasonic Power Adapter 28 $64.29 $1,800.12 $157.51 $1,957.63 Installation Bundle Solution 140 $1,490.81 $208,713.40 $0.00 $208,713.40 CA Recycling Fee 153 $8.00 $1,224.00 $0.00 $1,224.00 TOTAL MDC COSTS $811,510.93 $45,826.52 $857,337.45 Similar to previous payment options, a four-year equipment lease agreement is being proposed to acquire the MDCs ($810,286.93 principal and $98,368.83 interest). Since sales tax and California recycling fees are not included in the lease amount, those one-time costs will be paid in July 2024. The chart below outlines the amortization schedule over the four-year term. Payment # Date Payment Interest Principal Balance Loan 6/15/2024 $810,286.93 1 7/14/2024 $227,163.94 $5,207.52 $221,956.42 $588,330.51 2 7/14/2025 $227,163.94 $45,454.12 $181,709.82 $406,620.69 3 7/14/2026 $227,163.94 $31,415.31 $195,748.63 $210,872.06 4 7/14/2027 $227,163.94 $16,291.88 $210,872.06 $0.00 $908,655.76 $98,368.83 $810,286.93 At the end of the lease term in July 2028, the City has the option to pay for the MDCs for $1. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(a)(11), is not applicable to this decision for purposes of determining 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 memb er of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in authorizing the Police Department to lease 153 mobile data computers and associated equipment from CDW+G LLC in the amount of $857,337.45. To minimize the fiscal impact in each fiscal year, the City will enter into a 4-year lease agreement with Lenovo Financial Services. The lease amount is $810,286.93, which covers the purchase, excluding $45,826.52 sales tax and $1,224.00 recycling fees. At a 7.725% interest rate, the annual lease payment is $227,163.94 per year, which is scheduled to begin in July 2024. Page 207 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4 Approval of this resolution will also result in a one-time appropriation of $47,050,52 to the supplies and services category of the Asset Seizure Fund. This appropriation will cover the $45,826.52 sales tax and $1,224.00 recycling fee, which is not included in the lease amount. ONGOING FISCAL IMPACT Beginning in fiscal year 2024-25, the lease purchase of the MDCs will be paid by both the General Fund and the Measure A Fund. As the Measure A fund is currently funding vehicle replacement for 40 police vehicles, the cost of 40 MDCs is already included in the Measure A vehicle budget. The lease of the remaining 113 MDCs will be funded by the General Fund. The table below outlines the ongoing fiscal impact of the lease until it is fully paid in July 2027. COST BY FUND FY 2025 FY 2026 FY 2027 FY 2028 TOTAL GENERAL FUND (113 MDCs) $167,774.67 $167,774.67 $167,774.67 $167,774.67 $671,098.68 MEASURE A FUND (40 MDCs) $59,389.27 $59,389.27 $59,389.27 $59,389.27 $237,557.08 TOTAL MDC LEASE COSTS $227,163.94 $227,163.94 $227,163.94 $227,163.94 $908,655.76 The Police Department will coordinate with the Finance Department to include these annual lease costs during the budget development process in subsequent fiscal years. ATTACHMENTS 1. Equipment Lease Agreement with Lenovo Financial Services 2. Quote from CDW for MDC purchase Staff Contact: Chief Roxana Kennedy, Police Department Administrative Services Manager Jonathan Alegre, Police Department Page 208 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN EQUIPMENT LEASE WITH LENOVO FINANCIAL SERVICES FOR MOBILE DATA COMPUTERS AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Police Department conducted extensive research to replace its aged mobile data computers to keep up with new technology and ensure efficient police operations; and WHEREAS, the Police Department selected Panasonic FZ-55 mobile data computers for its police vehicles based on fit for operations; and WHEREAS, the purchase of 153 mobile data computers and associated equipment from CDW is outlined in a cooperative contract through Omnia Partners contract number 2018011-01; and WHEREAS, the equipment lease with Lenovo Financial Services has a four-year term with $227,163.94 annual payments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves an equipment lease for a term of four (4) years with Lenovo Financial Services for mobile data computers, substantially 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. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that the City Manager is authorized and directed to execute the same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that i t appropriates $47,050.52 to the supplies and services category of the Asset Seizure Fund. Presented by Roxana Kennedy Chief of Police Approved as to form by Marco A. Verdugo City Attorney Page 209 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Master Lease Number: 1549120 Master State & Local Government Lease Agreement This Master State & Local Government Lease Agreement #1549120 (the “Master Lease”) contains the terms of your agreement with us. Please read it carefully and ask us any questions you may have. The words you, your and lessee mean you, our customer. The words we, us, our and the lessor, mean Lenovo Financial Services 1.LEASE; DELIVERY AND ACCEPTANCE. You agree to lease the equipment (“Equipment”), and finance any software and/or services described in any schedule (collectively the “Products”) thatincorporates this Master Lease by reference. A schedule to this Master Lease (“Schedule”) shallincorporate this Master Lease by reference by listing the Master Lease Number set forth above on theSchedule. Each Schedule that incorporates this Master Lease shall be governed by the terms and conditions of this Master Lease, as well as the terms and conditions set forth in such individual Schedule. Each Schedule shall constitute an agreement separate and distinct from this Master Lease and any other Schedule. In the event of a conflict between the provisions of this Master Lease and a Schedule, the provisions of the Schedule shall govern but only with respect to that Schedule. The termination of this Master Lease will not affect any Schedules executed before the effective date of such termination. If you have entered into any purchase agreement or purchase order (“Purchase Contract”) with any Vendor (as set forth on the applicable Schedule), you assign to us your rights under such Purchase Contract, but none of your obligations (other than the obligation to pay for the Equipment if it is accepted by you as stated below and you timely deliver to us such documents and assurances as we request). If you have not entered into a Purchase Contract, you authorize us to enter into a Purchase Contract on your behalf. You will arrange for the delivery of the Products to you. When you receive the Equipment, you agree to inspect it to determine if it is in good working order. Each Schedule, upon the delivery to us of a signed Delivery and Acceptance Certificate, will be deemed irrevocably accepted by you and will continue for the number of months specified in the Schedule, unless earlier terminated in accordance with Section 16 of this Master Lease. The first Lease Payment (as specified in the applicable Schedule) is due on or after the date the Equipment is delivered to you. The remaining Lease Payments (as specified in the applicable Schedule) will be due on the day of each subsequent month (or such other time period specified in each Schedule) designated by us. You will make all payments required under such Schedule to us at such address as we may specify in writing. If any Lease Payment or other amount payable under any Schedule is not paid within 10 days of its due date, you will pay us a late charge equal to the greater of (i) 5% of each late payment, or (ii) $5.00 for each late payment (or such lesser amount as is the maximum amount allowable under applicable law.) 2. NO WARRANTIES. We are leasing the Equipment to you “AS-IS”. YOU ACKNOWLEDGE THAT WE DO NOT MANUFACTURE THE EQUIPMENT, WE DO NOT REPRESENT THE MANUFACTURER OR THE SUPPLIER, AND YOU HAVE SELECTED THE EQUIPMENT VENDOR BASED UPON YOUR OWN JUDGMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. YOU AGREETHAT REGARDLESS OF CAUSE, WE ARE NOT RESPONSIBLE FOR AND YOU WILL NOT MAKE ANY CLAIM AGAINST US FOR ANY DAMAGES, WHETHER CONSEQUENTIAL, DIRECT, SPECIAL, OR INDIRECT. YOU AGREE THAT NEITHER SUPPLIER NOR ANY SALESPERSON, EMPLOYEE OR AGENT OF SUPPLIER IS OUR AGENT OR HAS ANY AUTHORITY TO SPEAK FOR US OR TO BIND US IN ANY WAY. We transfer to you for the term of each Schedule any warranties made by the manufacturer or Supplier with respect to the Equipment leased pursuant to such Schedule. 3.EQUIPMENT LOCATION; USE AND REPAIR; RETURN. You may move the Products within the continental United States provided you give us written notification of the move within 30 days of the move, and you agree that you will be liable for any increase in any personal property taxes as a result of that relocation. For laptop computers, PDAs, and other mobile devices, the location listed on the Schedule is its base location (“Base Location”) but these mobile devices may be temporarily located at other locations and you will notify us and be responsible for any tax increases should the Base Location change. At your own cost and expense, you will keep the Equipment eligible for any manufacturer’s certification, in compliance with all applicable laws, and in good condition, except for ordinary wear and tear. You will not make any alterations, additions or replacements to the Equipment without our prior written consent. All alterations, additions or replacements will become part of the Equipment and our property at no cost or expense to us. We may inspect the Equipment at any reasonable time after advance notice to you. Unless you purchase the Equipment in accordance with the terms of the applicable Schedule, at the end of or upon termination of each Schedule you will immediately return the Equipment subject to each expired or terminated Schedule to us, in good condition and repair, subject to ordinary wear and tear, to any place in the United States that we tell you. You will pay all remaining unpaid lease payments, late charges, insurance charges, and our estimated property taxes on the Products (based upon the prior year’s actual property tax), shipping and other expenses, and you will insure the Products for its full replacement value during shipping. Unless we request return to us, you must retain physical possession of the Products through the end of the initial or any renewal lease term of any Schedule. You may, at the time of providing your end of lease notice to us, elect to substitute and return a similar piece of equipment at end of a Schedule in the event the specific piece of Equipment that has reached end of lease is not immediately available for return. In order to elect a like for like return, you must identify the Equipment being retained by serial number and the Equipment being returned shall be the same model, configured similarly, as the Equipment being retained. If the substituted Equipment was also leased by us, the Equipment retained past its original end of lease date must then be returned to us at or before the end of lease date for the substituted Equipment that was previously returned. If the substituted Equipment is not under a lease with us, then you shall at the time of return, provide us with a bill of sale for the substituted Equipment providing us with free and clear title to the substituted Equipment. 4. DATA SECURITY: Some or all of the items of Equipment returned to us at any time may contain sensitive information or data belonging to your organization, or your customer/clients/patients, that is stored, recorded, or in any way contained within or on the Equipment. You specifically agree thatbefore the Products are shipped to or retrieved by us or our agents, or removed by a supplier, you will, at your sole cost and expense, permanently destroy, delete and remove all such information and data that is stored, recorded or in any way contained within or on the Products, to the extent that further recovery of any of such data and information is not possible. You have the sole responsibility to so destroy, delete, and remove all data and information stored in or on the Equipment. We haveabsolutely no liability for any data or information that you fail to so destroy, delete, and remove. All hard drives and other data retention components must function as originally installed after dataremoval. 5. TAXES AND FEES. You are responsible for all sales and use (unless you provide us with an acceptable Sales/Use Tax exemption form), personal property or other taxes relating to the use or ownership of the Products, now or hereafter imposed, or assessed by any state, federal, or local government or agency. You agree to pay when due, or reimburse us for, all taxes, fines or penalties imposed upon the Equipment and, if we elect, you agree to pay us estimated property taxes either with each lease payment or annually as invoiced by us. We will file all sales, use and personal property tax returns (unless we notify you otherwise in writing). We do not have to contest any taxes, fines or penalties; however, you may do so provided (a) you do so in your own name and at your own expense, (b) the contest will not result in any sort of lien being placed on the Products or otherwise jeopardize our rights in any of the Products, (c) you pay us for any taxes we remitted to the taxing authorities even though you be contesting the taxes and indemnify and hold us harmless for any expenses, including legal expenses, we incur as a result of such contest. If we file such personal property tax resports, you will pay property taxes as invoiced by us. 6. LOSS OR DAMAGE. As between you and us, you are responsible for any loss, theft, destruction of, or damage to, the Equipment (collectively, “Loss”) from any cause at all, whether or not insured, until delivered to us at the end of the applicable Schedule. You are required to make all Lease Payments even if there is a Loss. You must notify us in writing immediately of any Loss. Then, at our option, you will either (a) repair theEquipment so that it is in good condition and working order, eligible for any manufacturer’s certification, or (b) pay us the amounts specified in Section 10(b) of this Master Lease. 7.INSURANCE. You will provide and maintain at your expenses property insurance against the loss, theft or destruction of, or damage to, the Equipment for its full replacement value, naming us as loss payee; and (2) public liability and third party property insurance naming us as an additional insured. If you so request and if we give our prior written consent, in lieu of maintaining the insurance described in the preceding sentence, you may self-insure against such risks, provided that our interests are protected to the same extent as if the insurance required in clauses (1) and (2) above had been obtained by third party insurance carriers and provided further that such self insurance program is consistent with prudent business with respect to insuring such risk. You will give us certificates or other evidence of such insurance on the commencement date of this lease and at such times as we request. All insurance obtained from a third-party insurer will be in a form, amount and withcompanies acceptable to us, and will provide that we be given 30 days advance notice of any cancellation or material change of such insurance. IMPORTANT INFORMATION ABOUT PROCEDURES FOR OPENING A NEW ACCOUNT: To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. What that means for you: When you open an account, we will ask for (i) if you are a legal entity, your name, address, and other information that will allow us to identify you; (ii) if you are an individual, your name, address and date of birth. We may also ask to see your driver’s license or other identifying documents. LESSOR: Lenovo Financial Services LESSEE: City of Chula Vista 10201 Centurion Parkway N. #100 Lessee Legal Name Jacksonville, FL 32256 Lessee “Doing Business As” Name 276 4th Avenue Street Address Chula Vista, CA 91910 City, State, Zip X______________________________________________________ X________________________________________________________ Authorized Signature Date Signed Authorized Signature Date Signed _______________________________________________________ X_______________________________________________________ Printed Name Print Signer’s Name and Title _______________________________________________________ X_______________________________________________________ Print Title Federal Tax ID Lenovo Enterprise SLG100 09012015 rev 01212016 Page 1 of 2 APPROVED AS TO FORM BY:_________________________________________________ Marco A. Verdugo City Attorney Page 210 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 8.PURCHASE OPTION; AUTOMATIC RENEWAL. If no Default has occurred and is continuing under this Master Lease or the relevant Schedule, you will have the option (other than $1 purchase option leases) at the end of the initial or any renewal term of a Schedule to: (a) purchase all or a portion of the Products covered by such Schedule at the Purchase Option price shown on such Schedule, plus any applicable taxes; (b) return all of the Products or any portion of the Products not purchased or renewed by such Schedule by the Schedule termination date; or (c) elect a fixed term renewal of all or a portion of the Products at the fair market rental value of the Products. We will use our reasonable judgment to determine the Product's fair market rental value as configured, in place and installed (“Fair Market Rental Value”). You agree that the Fair Market Rental Value is the amount that may reasonably be expected for the installed Products in an exchange between a willing lessor and a willing Lessee, including costs to make the Products fully operational. If you do not agree with the determination of the fair market rental value, the fair market rental value (in use and in place) will be determined at your expense by an independent appraiser mutually acceptable to the Parties. To exercise any of these options you must provide written notice to us at least 90 days but not more than 180 days before the end of the initial term of a Schedule that you will either return, purchase or renew the Schedule as set forth above. If you elect a partial return, purchase, or renewal of Products, you will identify the impacted Products by serial number in your end of lease notice. If you fail to provide this notice or if, having given such notice, you do not purchase, deliver the Products in accordance with the terms and conditions of this Lease and the applicable Schedule, or renew, the Schedule will automatically renew for successive month to month renewals until an end of the Schedule notice has been provided and acted upon. If you elect to exercise a return, purchase or renewal of some but not all Products, your notice must identify which Products are going to be returned, purchased or renewed. During any renewal term this notice period is reduced to 30 days prior to the end of the renewal term. We may cancel an automatic renewal term by sending you written notice 10 days prior to such renewal term. If the Fair Market Value Purchase Option has been selected under any Schedule, we will use our reasonable judgment to determine the Product's fair market value as configured, in place and installed (“Fair Market Value”). You agree that the Fair Market Value is the amount that may reasonably be expected for the installed Products in an exchange between a willing buyer and a willing seller, including costs to make the Products fully operational. If you do not agree with our determination of the Product's Fair Market Value, the fair market value (in use and in place) will be determined at your expense by an independent appraiser mutually acceptable to both parties. Upon payment of the Purchase Option price, we will transfer our interest in the Products to you "AS-IS, WHERE IS” without any representation or warranty whatsoever and the applicable Schedule will terminate. To secure payment of all amounts due to us, to the extent permitted by law, you grant us a security interest in the Equipment (including any replacements, substitutions, additions, attachments and proceeds). You will keep the Equipment free of all liens and encumbrances. You authorize us to file financing statement(s) to protect our interest in the Equipment. 9. DEFAULT. Each of the following is a “Default” under this Master Lease and any Schedule: (a) you fail to pay any Lease Payment or any other payment within 30 days of its due date; (b) you do not perform any of your other obligations under this Master Lease or any Schedule or in any other agreement with us or with any of our affiliates and this failure continues for 30 days after we have notified you of it; (c) you become insolvent, you dissolve, you assign your assets for the benefit of your creditors, you sell, transfer or otherwise dispose of all or substantially all of your assets, or you enter (voluntarily or involuntarily) any bankruptcy or reorganization proceeding; or (d) any representation or warranty made by you under this Master Lease or in any instrument you have provided us proves to be incorrect in any material respect.10. REMEDIES. If a Default occurs, we may do one or more of the following: (a) we may cancel or terminate this Master Lease and/or any or all Schedules and any or all other agreements that we have entered into with you or withdraw any offer of credit; (b) subject to Section 16, we may require you to immediately pay us, as compensation for loss of our bargain and not as a penalty, a sum equal to (i) the present value of all unpaid Lease Payments for the remainder of the term plus, the present value of our anticipated residual value in the Products each discounted at 4% per year, plus c) we may require you to deliver the Equipment to us as set forth in Section 3; (d) we or our agent may peacefully repossess the Equipment without court order and you will not make any claims against us for damages or trespass or any other reason; and (e) we may exercise any other right or remedy available at law or in equity. In the event of a dispute arising out of this Master Lease or any Schedules, the prevailing party shall be entitled to its reasonable collection costs and attorney fees and costs incurred in enforcing or defending this Master Lease or any Schedules. If we take possession of the Equipment, we may sell or otherwise dispose of it with or without notice, at a public or private sale, and apply the net proceeds (after we have deducted all costs related to the sale or disposition of the Equipment) to the amounts that you owe us. You will remain responsible for any amounts that are due after we have applied such net proceeds. You agree that if notice of sale is required by law to be given, 10 days notice shall constitute reasonable notice.11.FINANCE LEASE STATUS. You agree that if Article 2A-Leases of the Uniform Commercial Code applies to a Schedule, such Schedules will be considered a “finance lease” as that term is defined in Article 2A. By signing each Schedule, you agree that either (a) you have reviewed, approved, and received a copy of the purchase contract or (b) that we have informed you of the identity of the Supplier, that you may have rights under the purchase contract, and that you may contact the supplier for a description of those rights. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS AND REMEDIES CONFERRED UPON A LESSEE BY ARTICLE 2A.12. ASSIGNMENT. YOU MAY NOT ASSIGN, SELL, TRANSFER OR SUBLEASE THE EQUIPMENT OR YOUR INTEREST IN THIS MASTER LEASE OR ANY SCHEDULE WITHOUT OUR PRIOR WRITTENCONSENT, WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD WITH US ACTING IN ACOMMERCIALLY REASONABLE MANNER. We may, without notifying you, sell, assign, or transfer this Master Lease or any Schedule and our rights to the Equipment. You agree that the new owner will have the same rights and benefits that we have now under this Master Lease and any Schedule but not our obligations, which obligations we will remain responsible for. The rights of the new owner will not be subject to any claims, defenses or set-off that you may have against us or the supplier.13. INDEMNIFICATION. To the extent not prohibited by applicable law, You are responsible for and agree to indemnify and hold us harmless from any (a) losses, damages, penalties claims, suits and actions (collectively “Claims”), whether based on a theory of strict liability or otherwise caused by or related to the manufacture, installation, ownership, use, lease, possession or delivery of the Products or any defects in the Products and (b) all reasonable costs and attorneys' fees incurred by us relating to any Claim. You agree to reimburse us for and if we request, to defend us against, any Claims, except Claims caused by our willful misconduct. You agree that your obligations under this section and the Taxes and Fees section of this Master Lease shall survive the termination of this Master Lease for Claims arising during the term of this Master Lease or any Schedule. 14.MISCELLANEOUS. You agree that the terms and conditions contained in this Master Lease and any Schedule make up the entire agreement between you and us regarding the lease of the Equipment. This Master Lease is not binding on us until we sign it. Any change in any of the terms and conditions of this Master Lease or any Schedule must be in writing and signed by us, either manually or by electronic transmission. You agree,however, that we are authorized, without notice to you, to supply missing information or correct obvious errors in this Master Lease. If we delay or fail to enforce any of our rights under this Master Lease or any Schedule, we will still be entitled to enforce those rights at a later time. All notices shall be given in writing by the party sending the notice and shall be effective when deposited in the U.S. Mail, addressed to the party receiving the notice at its address shown on the front of this Master Lease (or to any other address specified by that partyin writing) with postage prepaid. All of our rights and indemnities will survive the termination of this Master Lease or any Schedule. It is the express intent of the parties not to violate any applicable usury laws or to exceed the maximum amount of time price differential or interest, as applicable, permitted to be charged or collected byapplicable law, and any such excess will be applied to Lease Payments in inverse order of maturity, and anyremaining excess will be refunded to you. If you do not perform any of your obligations under this Master Lease or any Schedule, we have the right, but not the obligation to take any action or pay any amounts that we believe are necessary to protect our interests. You agree to reimburse us immediately upon our demand for any such amounts that we pay. IF A SIGNED COPY OF THIS MASTER LEASE OR A SCHEDULE IS DELIVERED TO US BY FACSIMILE TRANSMISSION, IT WILL BE BINDING ON YOU. HOWEVER, WE WILL NOT BE BOUND BY THIS MASTER LEASE OR A SCHEDULE UNTIL WE ACCEPT IT BY MANUALLY SIGNING IT OR BY PURCHASING THE EQUIPMENT SUBJECT TO THE APPLICABLE SCHEDULE, WHICHEVER OCCURS FIRST. YOU WAIVE NOTICE OF OUR ACCEPTANCE AND WAIVE YOUR RIGHT TO RECEIVE A COPY OF THE ACCEPTED MASTER LEASE. YOU AGREE THAT, NOTWITHSTANDING ANY RULE OF EVIDENCE TO THE CONTRARY, IN ANY HEARING, TRIAL OR PROCEEDING OF ANY KIND WITH RESPECT TO THIS MASTER LEASE, WE MAY PRODUCE A COPY OF THE MASTER LEASE TRANSMITTED TO US BY FACSIMILE TRANSMISSION THAT HAS BEEN MANUALLY SIGNED BY US AND SUCH COPY SHALL BE DEEMED TO BE THE ORIGINAL OF THIS MASTER LEASE. TO THE EXTENT (IF ANY) THAT ANY SCHEDULE TO THIS MASTER LEASE CONSTITUTES CHATTEL PAPER UNDER THE UNIFORM COMMERCIAL CODE, NO SECURITY INTEREST IN THE SCHEDULE MAY BE CREATED THROUGH THE TRANSFER AND POSSESSION OF ANY COPY OR COUNTERPART HEREOF EXCEPT THE COPY WITH OUR ORIGINAL SIGNATURE. IF YOU DELIVER THIS MASTER LEASE TO US BY FACSIMILE TRANSMISSION, YOU ACKNOWLEDGE THAT WE ARE RELYING ON YOUR REPRESENTATION THAT THIS MASTER LEASE HAS NOT BEEN CHANGED. If more than one Lessee has signed this Master Lease, each of you agrees that your liability is joint and several. 15.FUNDING INTENT. You reasonably believe that funds can be obtained to make all Lease Payments during the Term of any Schedule and hereby covenant that your chief executive or administrative officer or the administrative office of yours charged with preparing the budget submitted to your governing body, as applicable, will provide for funding for such payments in your annual budget request submitted to your governing body. If your governing body elects not to appropriate funds for such payments, it shall evidence such nonappropriation by omitting funds for such payments due during the applicable fiscal period from the budget it adopts. You and we agree that your obligation to make Lease Payments under any Schedule will be your current expense and will not be interpreted to be a debt in violation of applicable law or constitutional limitations or requirements. It is your intent to make Lease Payments for the full Term of any Schedule if funds are legally available therefore you represent, warrant and covenant to us that the use of the Equipment is essential to its proper, efficient and economic operation. You will provide us with an essential use covenant to us that, among other things, you shall use the Equipment only for its governmental purposes. 16.NONAPPROPRIATION OF FUNDS. In the event sufficient funds are not appropriated and budgeted by your governing body or are not otherwise available in any fiscal period for Lease Payments (or any other amount due hereunder) under a Schedule, and provided that you have exhausted all funds legally available for payment of the Lease Payments, then you shall immediately notify us of such occurrence and provide us with evidence of such non-appropriation acceptable to us (e.g., written certification by your legal counsel) and the Schedule shall terminate on the last day of the fiscal period for which funds for Lease Payments are available without penalty or expense to you of any kind whatsoever, except as to the portions of Lease Payments and those expenses associated with your surrender of the Equipment pursuant to Section 3 for which funds shall have been appropriated and budgeted or are otherwise available. Upon such termination, title to the Equipment shall vest with us. This Section 16 will not be construed so as to permit you to terminate any Schedule in order to acquire any other equipment or services or to allocate funds directly or indirectly to perform essentially the same application for which the Equipment is intended. 17.AUTHORITY AND AUTHORIZATION. You represent, warrant and covenant to us that: (a) You are a State or political subdivision thereof, as those terms are used in §103 of the Code; (b) You have the power and authority to enter into this Master Lease and Schedules; (c) this Master Lease and any Schedule have been duly authorized, executed and delivered by you and constitutes a valid, legal and binding agreement enforceable against you in accordance with its terms; (d) no further approval, consent or withholding of objections is required from any governmental authority with respect to this Master Lease or Schedules; (e) the entering into and performance of this Master Lease and Schedules will not violate any judgment, order, law or regulation applicable to you or result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment or your assets; (f) there are no actions, suits or proceedings pending or threatened against or affecting you in any court or before any governmental commission, board or authority, that, if adversely determined, would have a material adverse effect on your ability to perform your obligations under this Master Lease or any Schedule; (g) the Equipment is tangible personal property and shall not become a fixture or real property under your use thereof; (h) you have complied with all bidding requirements and, where necessary, by due notification have presented the Master Lease, the Schedule and any ancillary documents for approval and adoption as a valid obligation on your part; (i) you will do or cause to be done all things necessary to preserve and keep the Master Lease and Schedules in full force and effect; and (j) it has sufficient appropriations or other funds available to pay all amounts due under the Schedules for the then current fiscal period. You shall be deemed to have reaffirmed the representations and warranties set forth in this Section 17 each time you execute a Schedule to this Master Lease. Contemporaneously with your execution of a Schedule to this Master Lease, you will complete, execute and provide us with an incumbency certificate (in form satisfactory to us) and an opinion of counsel (in form satisfactory to us) as to the matters set forth in clauses (a) through (h) of this Section 17. 18.GOVERNMENT USE. YOU REPRESENT, WARRANT AND COVENANT AS FOLLOWS: (A) YOU SHALL COMPLY WITH THE INFORMATION REPORTING REQUIREMENTS OF §149(e) OF THE INTERNAL REVENUE CODE OF 1986, AS AMENDED (CODE), INCLUDING BUT NOT LIMITED TO, THE EXECUTION (AND DELIVERY TO US) OF INFORMATION STATEMENTS REQUESTED BY US; (B) YOU SHALL NOT DO, CAUSE TO BE DONE OR FAIL TO DO ANY ACT IF SUCH ACT OR FAILURE TO ACT WILL CAUSE THIS MASTER LEASE, OR ANY SCHEDULE HEREUNDER, TO BE AN ARBITRAGE BOND WITHIN THE MEANING OF §148 OF THE CODE; (C) YOU SHALL NOT DO, CAUSE TO BE DONE OR FAIL TO DO ANY ACT IF SUCH ACT OR FAILURE TO ACT WILL CAUSE THIS MASTER LEASE, OR ANY SCHEDULE HEREUNDER, TO BE A PRIVATE ACTIVITY BOND WITHIN THE MEANING OF §141 OF THE CODE; (D) YOU SHALL NOT DO, CAUSE TO BE DONE OR FAIL TO DO ANY ACT IF SUCH ACT OR FAILURE TO ACT WILL CAUSE THE INTEREST PORTION OF THE LEASE PAYMENTS TO BE OR BECOME SUBJECT TO FEDERAL INCOME TAXATION UNDER THE CODE, EXCEPT AS SUCH INTEREST PORTION MAY BE TAKEN INTO ACCOUNT AS AN ADJUSTMENT IN DETERMINING THE ALTERNATIVE MINIMUM TAX AND ENVIRONMENTAL TAX IMPOSED ON CORPORATIONS; AND (E) YOU SHALL BE THE ONLY ENTITY TO OWN, USE OR OPERATE THE EQUIPMENT DURING THE TERM. YOU SHALL BE DEEMED TO HAVE REAFFIRMED THE REPRESENTATIONS, WARRANTIES AND COVENANTS SET FORTH IN THIS SECTION 18 EACH TIME IT EXECUTES ANY SCHEDULE. IF YOU BREACH ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS MASTER LEASE AND, AS A RESULT OF SUCH BREACH, THE INTEREST PORTION OF ANY LEASE PAYMENT BECOMES INCLUDABLE IN GROSS INCOME OF ANY OWNER THEREOF FOR FEDERAL INCOME TAX PURPOSES, YOU SHALL PAY US PROMPTLY AFTER SUCH DETERMINATION OF TAXABILITY AND ON EACH LEASE PAYMENT DUE DATE THEREAFTER, AN ADDITIONAL AMOUNT DETERMINED BY US TO COMPENSATE US FOR THE LOSS OF SUCH EXCLUDABILITY (INCLUDING, BUT NOT LIMITED TO, COMPENSATION RELATING TO INTEREST EXPENSE, PENALTIES OR ADDITIONS TO TAX), WHICH DETERMINATION SHALL BE CONCLUSIVE ABSENT MANIFEST ERROR. 19.CHOICE OF LAW. This Master Lease shall be governed by the internal laws (as opposed to conflicts of law provisions) of the State where the Equipment is located. If any provision of this Master Lease or any Equipment or Payment Schedule shall be prohibited by or invalid under that law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Master Lease or any Equipment or Payment Schedule. This Master Lease inures to the benefit of and is binding upon the permitted successors or assigns of yours and ours. Lenovo Enterprise SLG100 09012015 rev 01212016 Page 2 of 2 Page 211 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Compounding Period:Monthly Nominal Annual Rate:7.498% Cash Flow Data - Loans and Payments Event Date Amount Number Period End Date 1 Loan 06/15/2024 810,286.93 1 2 Payment 07/14/2024 227,163.94 4 Annual 07/14/2027 TValue Amortization Schedule - Normal, 365 Day Year Date Payment Interest Principal Balance Loan 06/15/2024 810,286.93 1 07/14/2024 227,163.94 4,827.45 222,336.49 587,950.44 2024 Totals 227,163.94 4,827.45 222,336.49 2 07/14/2025 227,163.94 45,634.66 181,529.28 406,421.16 2025 Totals 227,163.94 45,634.66 181,529.28 3 07/14/2026 227,163.94 31,544.99 195,618.95 210,802.21 2026 Totals 227,163.94 31,544.99 195,618.95 4 07/14/2027 227,163.94 16,361.73 210,802.21 0.00 2027 Totals 227,163.94 16,361.73 210,802.21 Grand Totals 908,655.76 98,368.83 810,286.93 ANNUAL PERCENTAGE RATE The cost of your credit as a yearly rate. FINANCE CHARGE The dollar amount the credit will cost you. Amount Financed The amount of credit provided to you or on your behalf. Total of Payments The amount you will have paid after you have made all payments as scheduled. 7.741%$98,368.83 $810,286.93 $908,655.76 04/16/2024 9:22 AM Chula Vista Police Department - 4-16-24 Page 1 of 1 Page 212 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Lenovo Ent SLG 8-2023 Schedule to Master State & Local Government Lease Agreement This Schedule No. 1938447 (the “Schedule”) to Master State & Local Government Lease Agreement No. 1549120 (the “Master Agreement”) contains the terms of your agreement with us. Please read it carefully and ask us any questions you may have. The words you, your and lessee mean you, our customer. The words we, us, our and the lessor, mean Lenovo Financial Services. Product/Equipment Description Quantity Description Product/Equipment Address See Additional Product Addendum See Additional Product Addendum For additional equipment and accessories, attach addendum. Purchase Option If no box is checked or if both boxes are checked, the Fair Market Value purchase option will apply: Fair Market Value $1.00 Purchase Option Other Term and Lease Lease Payment $227,163.94 (plus taxes, if applicable) Term (Months) 48 Payment Frequency Annual Variable Payment Schedule if applicable: (Attach “Payment Schedule Addendum” if necessary) payments @ ; followed by payments @ followed by payments @ ; followed by payments @ Payments are due in Advance Documentation Fee: $0.00 (due with first invoice) Additional Provisions: First Annual Payment Due 30 Days After Commencement PLEASE NOTE: The underlying like term SOFR interest rate swap as of 11/27/2023 is 4.21%, (the "Base Rate"). The rate for the transaction will adjust one basis point for each one basis point movement in the underlying term SOFR interest rate swap, between the Base Rate and the maximum of i) the underlying like term SOFR interest rate swap as of the date the transaction is set, which shall not exceed ten days prior to the date the transaction is fully funded or ii) 4.00%. Lessor reserves the right to re- price this transaction in the event of a major dislocation in the financial markets or after 180 days past the Base Rate date referenced above at its sole discretion. Rates provided are subject to Lessor’s credit, equipment/soft-cost configuration and documentation review and approval. Once the transaction is fully funded the rate will not change, Certain state and local government lessees must sign an additional addendum document. Lessee City of Chula Vista Lessee Legal Name Lessee “Doing Business As” Name 276 4th Avenue Billing Street Address Chula Vista, CA 91910 Billing City, State, Zip Billing Contact Name & Phone No. Lessee Phone Number (if different from above) TERMS AND CONDITIONS BY SIGNING THIS SCHEDULE: BY SIGNING THIS SCHEDULE: (i) YOU UNDERSTAND THAT THIS SCHEDULE WILL COMMENCE ON THE DATE THAT ANY OF THE PRODUCTS ARE DELIVERED TO YOU; (ii) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS ON THIS SCHEDULE AND THE MASTER AGREEMENT; (iii) YOU AGREE THAT IF A COPY OF THIS SCHEDULE IS SIGNED BY YOU AND IS DELIVERED TO US BY FACSIMILE TRANSMISSION OR OTHERWISE, TO THE EXTENT ANY PROVISIONS ARE MISSING OR ILLEGIBLE OR CHANGED (AND NOT INITIALED BY BOTH YOU AND US), THE TERMS AND CONDITIONS OF THIS SCHEDULE AND THE MASTER AGREEMENT IN USE ON THE DATE WE RECEIVE THE COPY SIGNED BY YOU WILL BE THE TERMS AND CONDITIONS OF THE SCHEDULE, (iv) YOU AGREE THAT THIS SCHEDULE IS A NET LEASE THAT YOU CANNOT TERMINATE OR CANCEL EXCEPT AS SPECIFICALLY PROVIDED IN THE MASTER AGREEMENT, YOU HAVE AN UNCONDITIONAL OBLIGATION TO MAKE ALL PAYMENTS DUE UNDER THIS SCHEDULE, AND YOU CANNOT WITHHOLD, SET OFF OR REDUCE SUCH PAYMENTS FOR ANY REASON; (v) YOU AGREE THAT YOU WILL USE THE EQUIPMENT ONLY FOR BUSINESS PURPOSES; (vi) YOU WARRANT THAT THE PERSON SIGNING THIS LEASE FOR YOU HAS THE AUTHORITY TO DO SO; (vii) YOU CONFIRM THAT YOU DECIDED TO ENTER INTO THIS SCHEDULE RATHER THAN PURCHASE THE EQUIPMENT FOR THE TOTAL CASH PRICE; AND (viii) YOU AGREE THAT THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE WHERE THE EQUIPMENT IS LOCATED. YOU CONSENT TO THE JURISDICTION OF ANY COURT LOCATED WITHIN THAT STATE. BOTH PARTIES EXPRESSLY WAIVE TRIAL BY JURY AS TO ALL ISSUES ARISING OUT OF OR RELATED TO THIS SCHEDULE. LESSOR: Lenovo Financial Services 10201 Centurion Parkway N. #100 Jacksonville, FL 32256 _________________________________________________________ Authorized Signature Date Signed _________________________________________________________ Printed Name _________________________________________________________ Print Title LESSEE SIGNATURE City of Chula Vista Lessee Legal Name X___________________________X______________ Authorized Signature Date Signed X___________________________ ______________ Print Signer’s Name ___________________________________________ Print Signer’s Title ___________________________________________ Federal Tax ID Number APPROVED AS TO FORM BY:_________________________________________________ Marco A. Verdugo, City Attorney Page 213 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Additional Product Addendum to Schedule # 1938447 to Master State & Local Government Lease Agreement # 1549120 This Additional Product Addendum is made a part of the Product Schedule to Master State & Local Government Lease Agreement (“Lease”) identified above by and between (“Lessee”) and Lenovo Financial Services (“Lessor”) and adds the below Products thereto. Capitalized terms used by not defined herein will have the same meaning given them in the Lease. Product Description Quantity Product Description Product Address 153 PAN TB I7-1370P W11P 315 4TH AVE, CHULA VISTA, CA 91910 153 Panasonic Public Sector Service Package - extended service Agreement - 2 ye 315 4TH AVE, CHULA VISTA, CA 91910 28 Panasonic Desktop Docking Station for TOUGHBOOK 55 315 4TH AVE, CHULA VISTA, CA 91910 28 Panasonic CF-AA5713A2M - power adapter - 100 Watt 315 4TH AVE, CHULA VISTA, CA 91910 140 PROJECT MANAGEMENT AND ALL INSTALLATION SERVICES 315 4TH AVE, CHULA VISTA, CA 91910 This Addendum supplements and amends the Lease only to the extent and in the manner set forth, and in all other respects the Lease will remain in full force and effect. Lessor: Lenovo Financial Services Lessee Signature 10201 Centurion Pkwy #100 Jacksonville, FL 32256 Authorized Signature Authorized Signature Print Signer’s Name / Title Date Signed Print Name Print Title Date Signed APPROVED AS TO FORM BY:_________________________________________________ Marco A. Verdugo City Attorney Page 214 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Hardware Software Services IT Solutions Brands Research Hub QUOTE CONFIRMATION Thank you for choosing CDW. We have received your quote. ED HANDOG, Thank you for considering CDW•G for your technology needs. The details of your quote are below. If you are an eProcurement or single sign on customer, please log into your system to access the CDW site. You can search for your quote to retrieve and transfer back into your system for processing. For all other customers, click below to convert your quote to an order. Convert Quote to Order QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL NQMW714 11/15/2023 TOUGHBOOK FZ55 12840741 $857,337.45 IMPORTANT - PLEASE READ Fees applied to item(s): 7625346, 7625346 QUOTE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE PAN TB I7-1370P W11P 153 7625346 $3,347.28 $512,133.84 Mfg. Part#: FZ-55JA-00BM Contract: National IPA Technology Solutions (2018011-01) Panasonic Public Sector Service Package - extended service agreement - 2 ye 153 4195499 $508.77 $77,841.81 Mfg. Part#: CF-SVCPSY5 UNSPSC: 81112307 Electronic distribution - NO MEDIA Contract: National IPA Technology Solutions (2018011-01) Panasonic Desktop Docking Station for TOUGHBOOK 55 28 5770547 $349.92 $9,797.76 Mfg. Part#: FZ-VEB551U Contract: National IPA Technology Solutions (2018011-01) Panasonic CF-AA5713A2M - power adapter - 100 Watt 28 5765212 $64.29 $1,800.12 Mfg. Part#: CF-AA5713A2M UNSPSC: 39121006 Contract: National IPA Technology Solutions (2018011-01) NEW ITEM 140 NEW-ITEM $1,490.81 $208,713.40 Mfg. Part#: NEW-ITEM ST-DEPINCHULA02: CUSTOMER SPECIFIC for CHULA VISTA POLICE DEPARTMENT - INSTALLATION BUNDLE SOLUTION INCLUDES INSTALLING HAVIS PANASONIC FZ55 DOCKING STATION, WITH DUAL-RF PASSTHROUGH, 120WATT DC POWER SUPPLY, BASIC INSTALLATION KIT, PROJECT MANAGEMENT AND ALL INSTALLATION SERVICES. EXISTING Page 215 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 2 of 2 QUOTE DETAILS (CONT.) MOUNTS WILL BE REUSED. A HEALTH AND SAFETY CHECK WILL BE PERFORMED DURING THE DOCK SWAP AND PARTS WILL BE REPAIRED OR REPLACED AS APPROVED. PRICING IS PER VEHICLE AND ASSUMES 7 INSTALLS PER DAY PER TECH, 3YR WARRANTY, THIS SERVICE MUST BE PROCESSED BY A STATEMENT OF WORK SIGNED BY CDWG AND CHULA VISTA PD. Contract:National IPA Technology Solutions (2018011-01) RECYCLING FEE DETAILS ITEM QTY CDW#UNIT PRICE EXT. PRICE RECYCLING FEE 4" TO LESS THAN 15" Fee Applied to Item: 7625346 153 654809 $4.00 $612.00 SUBTOTAL $810,286.93 SHIPPING $0.00 RECYCLING FEE $1,224.00 SALES TAX $45,826.52 GRAND TOTAL $857,337.45 PURCHASER BILLING INFO DELIVER TO Billing Address: CHULA VISTA POLICE DEPARTMENT ACCTS PAYABLE 315 4TH AVE CHULA VISTA, CA 91910 Phone: (619) 409-5467 Payment Terms: Net 30 Days-Govt State/Local Shipping Address: CHULA VISTA POLICE DEPARTMENT ED HANDOG 315 4TH AVE CHULA VISTA, CA 91910 Phone: (619) 409-5467 Shipping Method: FedEx Ground (1-2 days) Please remit payments to: CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Sales Contact Info Jon Cacioppo | (877) 603-6330 | joncac@cdwg.com Need Help? My Account Support Call 800.800.4239 About Us | Privacy Policy | Terms and Conditions This order is subject to CDW's Terms and Conditions of Sales and Service Projects at http://www.cdwg.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager © 2023 CDW•G LLC, 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 | 800.808.4239 Page 216 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 04 P a g e | 1 April 23, 2024 ITEM TITLE Contract: Award a Citywide Pest Control Service Contract to Corky’s Pest Control, Inc. Report Number: 24-0065 Location: City Facilities, City Maintained Parks, and Right-of-Way/Open Space areas Department: Public Works G.C. § 84308: Yes Environmental Notice: The activity qualifies for Exemption pursuant to California Environmental Quality Act (CEQA) State Guidelines Section 15251(i) (List of Certified Programs). Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Recommended Action Adopt a resolution awarding a contract for Citywide pest control services to Corky’s Pest Control, Inc. in an amount not to exceed $950,000 for up to five years. SUMMARY The City of Chula Vista requires pest control services at City maintained facilities and areas for rodent, insect, and other vermin management. On February 2, 2024, the City issued Request for Proposals (RFP) 21-2024, seeking a contractor to provide an Integrated Pest Management Program encompassing City facilities, parks, and right-of-way/open space areas. The City received 10 proposals in response to the advertised RFP on February 20, 2024. A staff committee reviewed the proposals and selected Corky’s Pest Control, Inc. Staff’s recommendation is that Council award the pest control services contract to Corky’s Pest Control, Inc. and approve the two-party agreement. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA), and has been determined that the activity qualifies for an Exemption pursuant to State CEQA Guidelines Section 15251(i) (List of Certified Programs) because it can be seen with certainty that there is no possibility that the activity in question may have a si gnificant effect on the environment. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Page 217 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 Exemption pursuant to Section 15061(b)(3) of the State CEQA Guidelines. Thus, no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The City of Chula Vista requires pest control services at City maintained facilities and areas for rodent, insect, and other vermin management. On February 2, 2024, the City of Chula Vista issued an RFP seeking a contractor to provide an Integrated Pest Management Program encompassing City facilities, parks, and right- of-way/open space areas. The RFP was posted and made available on PlanetBids. The RFP closed on February 20, 2024. Ten (10) proposals were received from the following vendors: Agricultural Pest Control Services (AGPest), Baja Wildlife Control, Bugmizer, Corky’s Pest Control, Inc., Habitat Protection Inc., Pestmaster, Plateau Pest Solution, Premier Pest Control, Suncoast Pest Managemen t, and We Got Ya Pest Control. A review was conducted of all responsive proposals and an evaluation committee assessed, scored, and ranked the responses based on the following criteria: pest control management approach, emergency response plan, qualifications and experience, references, and price. The top two respondents were invited to meet with the evaluation committee and interviews were held on March 20, 2024. As a result of these interviews, Corky’s Pest Control, Inc. ranked as the top contractor. Key provisions of the contract include, but are not limited to, the following: Services – the contractor will provide pest control services at designated City facilities, parks, and right-of-way/open space areas. These services generally include maintaining control of the following pests: ants, spiders, earwigs, slugs, snails, roaches, mice, rats, rabbits, gophers, stinging insect control. Facilities – The proposed contract includes a variety of City facilities and parks as listed in Attachment A. It also includes stinging insect control as it applies to City facilities, parks, and right-of-way/open space areas. Term – The initial contract term is from May 1, 2024 to June 30, 2026 (26 months). The value of the initial term is estimated at $400,000 for monthly maintenance and as-needed services. If Corky’s Pest Control’s work performance is satisfactory, the parties may mutually agree in writing to extend the contract for three (3) additional one (1) year periods. The optional one-year renewals would be effective from July 1 to June 30 – concurrent with the City’s fiscal year. If the vendor’s work performance is not satisfactory, the City reserves the right to not renew the contract without penalty. If the parties agree to extend the contract for the option years, acceptable price increases may be agreed to and such increases would be based on changes in the annual San Diego Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W), in an amount not to exceed 5%. The value of the optional extensions is estimated at $550,000 for monthly maintenance and as-needed services. The not-to-exceed amount of the initial contract and optional extensions totals $950,000. Page 218 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor McCann, Councilmember Chavez, and Councilmember Morineau have property holdings within 1,000 feet of the boundaries of the properties which are the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities, and the member’s property will not be affected disproportionately to other properties receiving the same services. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(d)(1)), this item does not present a real property-related conflict of interest under the Political Reform Act (Cal. Gov't Code § 87100, et seq.). Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will award an agreement to Corky’s Pest Control , Inc. for providing Pest Control Services to the City. The contract will begin May 1, 2024, leaving two months to be paid out of the current fiscal year at a cost of approximately $25,000. Pest control expenditures are paid out of the Public Works Department Budget. The Public Works Department will absorb the anticipated impact in the current fiscal year for this expense. There is no additional current-year fiscal impact anticipated as a result of this action. ONGOING FISCAL IMPACT The anticipated ongoing net impact on the Public Works Department Budget is estimated at $93,173 each fiscal year. Staff will work with the Finance Department in order to incorporate estimated impacts into future budgets as part of the annual budget development process. ATTACHMENTS 1. Chula Vista Citywide Pest Control Contract with Corky’s Pest Control, Inc. Staff Contacts: Angelica Aguilar, Assistant Director, Public Works Tessa Nguyen, Senior Management Analyst, Public Works Page 219 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY AND CORKY’S PEST CONTROL, INC. FOR CITYWIDE PEST CONTROL SERVICES WHEREAS, the City requires pest control services in order to maintain City facilities, parks, and right-of-way/Open Space areas free of infestations and maintain the public welfare; and WHEREAS, in order to procure these services, the City solicited proposals on February 2, 2024, in accordance with Chula Vista Municipal Code Sections 2.56.070 and 2.56.07; and WHEREAS, on February 20, 2024, the City received ten (10) proposals and evaluated each proposal; and WHEREAS, an evaluation committee evaluated, scored, and ranked the responses based on the following criteria: pest control management approach, emergency response plan, qualifications and experience, references, and price; based on the scoring the evaluation committee selected Corky’s Pest Control, Inc.; and WHEREAS, the initial term of the contract is from May 1, 2024, to June 30, 2026 (26 months). If Corky’s Pest Control’s work performance is satisfactory, the parties may mutually agree in writing to extend the contract for three (3) additional one (1) year periods; and WHEREAS, if all optional terms are executed, the not-to-exceed value of the contract totals $950,000; and WHEREAS, the Director of Development Services reviewed the proposed activity for compliance with the California Environmental Quality Act (“CEQA”) and determined that the activity qualifies for the Section 15251(i), certified program, and 15061(b)(3), common sense, exemptions. WHEREAS, City desires to enter into a Consultant/Service Provider Agreement with Corky’s Pest Control, Inc for citywide pest control services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it finds that the proposed activity identified in this Consultant/Service Provider Agreement qualifies for the certified program exemption under State CEQA Guidelines Section 15251(i) and qualifies for the “common sense” exemption under State CEQA Guidelines Section 15061(b)(3). NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the Consultant/Service Provider Agreement for pest control services between the City and Corky’s Pest Control, Inc., in the form presented, with such minor Page 220 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. Page 2 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 Matthew Little Marco A. Verdugo Director of Public Works City Attorney Page 221 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 CITY OF CHULA VISTA CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT WITH CORKY’S PEST CONTROL, INC. TO PROVIDE CITYWIDE PEST CONTROL SERVICES This Agreement is entered into effective as of May 1, 2024 (“Effective Date”)1 by and between the City of Chula Vista, a chartered municipal corporation (“City”) and Corky’s Pest Control, Inc., A California Corporation) (“Contractor/Service Provider”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, the City requires pest control services in order to maintain City facilities, parks, and right- of-way/Open Space areas free of infestations and maintain the public welfare; and WHEREAS, in order to procure these services the City solicited proposals on February 2, 2024 in accordance with Chula Vista Municipal Code Sections 2.56.070 and 2.56.080, on February 20, 2024, received ten (10) proposals, and selected Contractor as the most qualified amongst those submitting; ; and WHEREAS, Contractor/Service Provider warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Contractor/Service Provider to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] 1 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Contractor’s work commences. Page 222 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൢ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 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 Contractor/Service Provider hereby agree as follows: 1. SERVICES 1.1 Required Services. Contractor/Service Provider 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 Contractor/Service Provider, from time to time, reduce the Required Services to be performed by the Contractor/Service Provider under this Agreement. Upon doing so, City and Contractor/Service Provider 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 Contractor/Service Provider provide additional services related to the Required Services (“Additional Services”). If so, City and Contractor/Service Provider 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. Contractor/Service Provider 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 Contractor/Service Provider 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 Contractor/Service Provider or its subcontractors. 1.6 Security for Performance. In the event that Exhibit A Section 5 indicates the need for Contractor/Service Provider to provide additional security for performance of its duties under this Agreement, Contractor/Service Provider 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, Contractor/Service Provider 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, Contractor/Service Provider shall obtain a business license from City. Page 223 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൣ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 1.9 Subcontractors. Prior to commencement of any work, Contractor/Service Provider shall submit for City’s information and approval a list of any and all subcontractors to be used by Contractor/Service Provider in the performance of the Required Services. Contractor/Service Provider agrees to take appropriate measures necessary to ensure that all subcontractors and personnel utilized by the Contractor/Service Provider 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 Contractor/Service Provider under this Agreement, Contractor/Service Provider shall ensure that each and every subcontractor carries out the Contractor/Service Provider’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 Contractor/Service Provider’s commencement of the Required Services hereunder, and shall terminate, subject to Sections 6.1 and 6.2 of this Agreement, 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 Contractor/Service Provider 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. Contractor/Service Provider 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. Contractor/Service Provider must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Contractor/Service Provider. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Contractor/Service Provider 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 Contractor/Service Provider. 2.5 Reimbursement of Costs. City may reimburse Contractor/Service Provider’s out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A, Contractor/Service Provider shall be responsible for any and all out-of-pocket costs incurred by Contractor/Service Provider in the performance of the Required Services. 2.6 Exclusions. City shall not be responsible for payment to Contractor/Service Provider for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City Page 224 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൤ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 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 Contractor/Service Provider, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. Contractor/Service Provider understands and agrees that payment to the Contractor/Service Provider or reimbursement for any Contractor/Service Provider 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 Contractor/Service Provider of the terms of this Agreement. If City determines that Contractor/Service Provider is not entitled to receive any amount of compensation already paid, City will notify Contractor/Service Provider in writing and Contractor/Service Provider shall promptly return such amount. 3. INSURANCE 3.1 Required Insurance. Contractor/Service Provider 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. Contractor/Service Provider must include all sub-Contractor/Service Providers/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-Contractor/Service Providers 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 Contractor/Service Provider’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.” Contractor/Service Provider’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 Contractor/Service Provider and in no way relieves Contractor/Service Provider from its responsibility to provide insurance. Page 225 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൥ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 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 Contractor/Service Provider must procure and put into effect equivalent coverage(s). 3.8 Waiver of Subrogation. Contractor/Service Provider’s insurer(s) will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Contractor/Service Provider 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, Contractor/Service Provider shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Contractor/Service Provider has obtained the Required Insurance in compliance with the terms of this Agreement. The words “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 Contractor/Service Provider 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 Contractor/Service Provider’s obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. To the extent that insurance coverage provided by Contractor/Service Provider maintains higher limits than the minimums appearing in Exhibit B, City requires and shall be entitled to coverage for higher limits maintained. Page 226 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൦ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Contractor/Service Provider shall timely and fully protect, defend, reimburse, 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 Contractor/Service Provider, 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 Contractor/Service Provider, 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. 4.3 Costs of Defense and Award. Included in Contractor/Service Provider’s obligations under this Section 4 is Contractor/Service Provider’s obligation to defend, at Contractor/Service Provider’s own cost, expense and risk, and with counsel approved in writing by City, 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, Contractor/Service Provider 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. Contractor/Service Provider’s Obligations Not Limited or Modified. Contractor/Service Provider’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 Contractor/Service Provider. Furthermore, Contractor/Service Provider’s obligations under this Section 4 shall in no way limit, modify or excuse any of Contractor/Service Provider’s other obligations or duties under this Agreement. 4.5. Enforcement Costs. Contractor/Service Provider agrees to pay any and all costs and fees City incurs in enforcing Contractor/Service Provider’s obligations under this Section 4. 4.6 Survival. Contractor/Service Provider’s obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONTRACTOR/SERVICE PROVIDER. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and Contractor/Service Providers 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, Contractor/Service Page 227 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൧ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 Provider 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 Contractor/Service Provider is required to file a Form 700, Contractor/Service Provider warrants and represents that it has disclosed to City any economic interests held by Contractor/Service Provider, 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. Contractor/Service Provider 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 Contractor/Service Provider, to solicit or secure this Agreement. Further, Contractor/Service Provider 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 Contractor/Service Provider, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor/Service Provider 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 Contractor/Service Provider or Contractor/Service Provider’s subcontractors. Contractor/Service Provider 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. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Contractor/Service Provider shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. 6. REMEDIES 6.1 Termination for Cause. If for any reason whatsoever Contractor/Service Provider shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Contractor/Service Provider 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 Contractor/Service Provider. Such notice shall identify the Default and the Agreement termination date. If Contractor/Service Provider notifies City of its intent to cure such Default prior to City’s specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Contractor/Service Provider 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, Contractor/Service Provider shall immediately provide City any and all ”Work Product” (defined in Section 7 below) prepared by Contractor/Service Provider as part of the Required Services. Such Work Product shall be City’s sole and exclusive property as provided in Section 7 hereof. Contractor/Service Provider may be entitled to compensation for work satisfactorily performed prior to Contractor/Service Provider’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. Page 228 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൨ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 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 Contractor/Service Provider of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Contractor/Service Provider 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. Contractor/Service Provider 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, Contractor/Service Provider 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, Contractor/Service Provider 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. Contractor/Service Provider hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 6.6 Service of Process. Contractor/Service Provider agrees that it is subject to personal jurisdiction in California. If Contractor/Service Provider is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Contractor/Service Provider irrevocably consents to service of process on Contractor/Service Provider 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 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 Contractor/Service Provider 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 Contractor/Service Provider, 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, Contractor/Service Provider 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. Page 229 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൩ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 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 Contractor/Service Provider’s unique qualifications and traits. Contractor/Service Provider 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 Contractor/Service Provider warrants and represents that they have the authority to execute same on behalf of Contractor/Service Provider and to bind Contractor/Service Provider to its obligations hereunder without any further action or direction from Contractor/Service Provider 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, Contractor/Service Provider 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-Contractor/Service Providers. 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. Contractor/Service Provider 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 Contractor/Service Provider or any of Contractor/Service Provider’s officers, employees, or agents (“Contractor/Service Provider Related Individuals”), except as set forth in this Agreement. No Contractor/Service Provider 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 any other payroll tax with respect to any Contractor/Service Provider Related Individuals; instead, Contractor/Service Provider shall be solely responsible for the payment of same and shall hold the City harmless with respect to same. Contractor/Service Provider shall not at any time or in any manner represent that it or any of its Contractor/Service Provider Related Individuals are employees or agents of City. Contractor/Service Provider shall not incur or have the power to incur any debt, obligation or liability whatsoever against City, or bind City in any manner. Page 230 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡൠ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 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.) Page 231 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡൡ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 SIGNATURE PAGE CONTRACTOR/SERVICE PROVIDER SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, City and Contractor/Service Provider 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. CORKY’S PEST CONTROL, INC. CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ FRAN BAUTISTA JOHN MCCANN PRESIDENT MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S. Maland Lounsbery Ferguson Altona & Peak Acting City Attorney Page 232 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡൢ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Angelica Aguilar, Assistant Director of Public Works 1800 Maxwell Road, Chula Vista, CA 91911 (619) 397-6088 Aaguilar@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. Contractor/Service Provider Contract Administration: CORKY’S PEST CONTROL, INC. Erik Meurling (908) 202-6367 erik.meurling@corkyspest.net For Legal Notice Copy to: Fran Bautista 150 Vallecitos De Oro, San Marcos, CA 92069 (760) 802-0751 fran.bautista@corkyspest.net 2. Required Services A. General Description: Contractor/Service Provider will provide pest control services to all identified City locations and parks identified in Exhibit E, new locations as required, and City Right-of-way/Open Space areas as needed. B. Detailed Description: Public Works Parks Maintenance Division Gopher, ground squirrel and rabbit control in all landscaped areas. Park locations to be serviced on a frequency as specified on the bid sheet (ex. Monthly, bi-weekly, weekly, etc.). Service to be provided to all parks (65) - and monthly reports are to be provided regarding chemical used, amount used, date, location, and applicator name. This Integrated Pest Management Program (IPM) is to implement ongoing site-specific control services that maintain control of the gopher and ground squirrel problems through all common areas at the below listed sites. Methods to be used but not limited to exclusion, live trapping, toxic bait stations, burrow fumigation, Page 233 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡൣ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 netting, habitat modification, chemical control, etc. All methods must emphasize human, non-human target safety and the humane treatment of animals. Service to consist of a complete inspection of all areas and treatment of all evidence of fresh activity. After each visit a service evaluation report should be filled out detailing areas treated, chemicals and materials used and any pertinent observations or information that should be conveyed. Public Works Custodial Division Pest control in and around facilities listed below to include but not limited to; caulking/sealing, screening, control of ants, spiders, earwigs, slugs, snails, roaches, mice, rats, etc. Removal of spider webs at ground level up to 12 feet. Service is performed once per month or more as needed based on activity level. The contractor who is awarded this work must have the capacity to perform service calls and/or treatments after normal business hours when necessary. Service consists of a complete inspection of all areas and treatment of all evidence of fresh activity. After each visit, a service evaluation report shall be completed detailing areas treated, chemicals and materials used and any pertinent observations or information that should be conveyed. Stinging Insect Control Contractor to respond to any Stinging Insect call within 2 hours. Removal of stinging insects- the contractor shall remove nests of stinging insects on City property. The Contractor shall make every effort to relocate a hive and not destroy, unless the bees are Africanized bees or the nest presents an immediate hazard in which case the nest shall be destroyed. Service to consist of a complete inspection of all areas and treatment of all evidence of fresh activity. After each visit a service evaluation report should be filled out detailing areas treated, chemicals and materials used and any pertinent observations or information they should be conveyed. 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 1, 2024 and end on June 30, 2026 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth in Exhibit F. B. Reimbursement of Costs ☒ None, the compensation includes all costs Page 234 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡ൤ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 Notwithstanding the foregoing, the maximum amount to be paid to the Contractor/Service Provider for services performed through June 30, 2026 shall not exceed $400,000. If all extensions are executed the maximum contract amount will not exceed $950,000 . 5. Special Provisions: ☐ Permitted Sub-Contractor/Service Providers: None ☐ Security for Performance: None ☒ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for three (3) additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. 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 the greater of the then-current, relevant rate published for the San Diego-Carlsbad Area Consumer Price Index Urban Wage Earners and Clerical Workers (CPI-W) (Twelve-month average from results reported May, July, September, November of preceding year and January, March of current year shall be used for upcoming contract year) or 5% for each extension. The City shall give written notice to Contractor/Service Provider of the City’s election to exercise the extension via the Notice of Exercise of Option to Extend document. Such notice shall be provided at least 30 days prior to the expiration of the term. Page 235 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡ൥ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 EXHIBIT B INSURANCE REQUIREMENTS Contractor/Service Provider 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 Other Negotiated Insurance Terms: None Page 236 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡ൦ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 EXHIBIT C CONTRACTOR/SERVICE PROVIDER CONFLICT OF INTEREST DESIGNATION The Political Reform Act2 and the Chula Vista Conflict of Interest Code 3 (“Code”) require designated state and local government officials, including some Contractor/Service Providers, 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, Contractor/Service Providers designated to file the Form 700 are also required to comply with certain ethics training requirements.4 ☒ A. Contractor/Service Provider IS a corporation or limited liability company and is therefore EXCLUDED 5 from disclosure. ☐ B. Contractor/Service Provider is 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 .) 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 Contractor 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 “Contractor/Service Provider,” 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 Contractor/Service Provider will provide. Notwithstanding this designation or anything in the Agreement, the Contractor/Service Provider 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 Contractor’s requirement to comply with the disclosure requirements set forth in the Code. Completed by: Tessa Nguyen 2 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 3 Chula Vista Municipal Code §§2.02.010-2.02.040. 4 Cal. Gov. Code §§53234, et seq. 5 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). Page 237 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ൡ൧ City of Chula Vista Agreement No.: 2024-0501 Service Provider Name: Corky’s Pest Control, Inc. Rev. 1/23/2024 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer6 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☒B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below:  Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc  Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 6 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 238 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Parks Facilities Address 1 All Seasons Park 1825 Magdalena Ave 2 Bay Blvd Park F street & Bay Boulevard 3 Bonita Long Cyn Park 1745 Coltridge Lane 4 Breezewood Park 1091 Breezewood Drive 5 Chula Vista Community Park 1060 Eastlake Parkway 6 Chula Vista Women's Club 357 G Street  7 Connoley Park 1559 Connoley Ave.  8 Cottonwood Park 1778 East Palomar Street 9 Kumeyaay Park 700 Buena Vista Way 10 Eucalyptus/ Menzel Fields‐Pony North Fourth Avenue & C Street 11 Explorer Park Rancho del Rey Parkway & Norelia St 12 Friendship Park Fourth Avenue & F Street 13 Gayle McCandliss Park 415 East J Street 14 Greg Rogers Park/ Parkview LL Fields 1189 Oleander Ave. 15 Harborside Park 670 Oxford St 16 Harvest Park 1550 East Palomar Street 17 Heritage Park 1381 East Palomar Street 18 Hilltop Park 780 Hilltop Drive 19 Holiday State I Park 383 Connoley Circle 20 Holiday State II Park 368 Connoley Circle 21 Horizon Park 970 East Palomar Street 22 Independence Park 1248 Calle Santiago 23 Lancerlot Park 750 K Street 24 Lauderbach Park 333 Oxford Street 25 Len Moore Skate Park 1301 Oleander Ave. 26 Loma Verde Park /Community Center 1420 Loma Lane 27 Los Ninos Park 150 Teal Street 28 MacKenzie Creek Park 2775 MacKenzie Creek Rd.  29 Marisol Park 916 Rancho del Rey Parkway 30 Memorial Park /Parkway Community Center 373 Park Way 31 Montecito Park 1501 Santa Diana Rd.  32 Montevalle Park /Community Center 840 Duncan Ranch Rd. 33 Mount San Miguel Park 2335 Paseo Veracruz 34 Mountain Hawk Park 1475 Lake Crest Drive 35 Norman Park/Community Center 270 F Street 36 Orange Park 1475 Fourth Avenue 37 Otay Park 1613 Albany Avenue 38 Otay Community Center 554 Main Street 39 Palomar Park 1359 Park Drive 40 Paseo del Rey Park 750 Paseo del Rey 41 Plaza de Nacion 276 4th Avenue 42 Rancho del Rey Park North & South 1311 Buena Vista Way 43 Rienstra Sports Complex /South Bay Pony & LL 1500 Max Avenue EXHIBIT E City Locations Page 239 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda EXHIBIT E City Locations Parks Facilities Address 44 Rohr Park 4548 Sweetwater Rd 45 SDG&E West and East 1450 Hilltop Drive 46 Salt Creek Park/ Community Center 2710 Otay Lakes Road 47 Santa Cora Park 1365 Santa Cora Avenue 48 Santa Venetia Park 1500 Magdalena Avenue 49 Sherwood Park 69 Sherwood Street 50 Stylus Park 2025 Stylus Street 51 Sunbow Park 500 E. Naples Street 52 Sunridge Park 952 Beechgleen Drive 53 Sunset View Park 1390 South Greensview Dr 54 Terra Nova Park 450 Hidden Vista Dr.  55 Tiffany Park 1713 Elmhurst Ave. 56 Valle Lindo Park 545 Sequoia Drive 57 Veterans Park/ Community Center 785 East Palomar Street 58 Voyager Park 1178 East J Street 59 Windingwalk Park 1675 Exploration Falls Drive 60 Escaya Park 1075 Camino Prado 61 Orion Park 1911 Orion Avenue 62 Millenia Park 1902 Millenia Avenue 63 Strata Park 1978 Strata Street 64 Meadows Park 1750 Santa Christina Avenue 65 Grove Park 1325 Santa Diana Road Facility Address 1 Animal Shelter 130 Beyer Way 2 Chula Vista Police Station 315 Fourth Avenue 3 Civic Center Complex 276 Fourth Avenue 4 Civic Center Library 365 F Street 5 Fire Station #1 447 F Street 6 Fire Station #2 80 East J Street 7 Fire Station #3 1410 Brandywine Avenue 8 Fire Station #4 850 Paseo Ranchero 9 Fire Station #5 391 Oxford Street 10 Fire Station #6 605 Mount Miguel Road 11 Fire Station #7 1640 Santa Venetia  12 Fire Station #8 1180 Woods Drive 13 Fire Station #9 266 East Oneida Street 14 Fire Station #10 430 F Street 15 Heritage Community Center 1381 Palomar Avenue 16 J.P. Lippit PW Center 1800 Maxwell Road 17 Lauderbach Center 333 Oxford Street 18 Len Moore Skate Park 1301 Oleander Avenue 19 Loma Verde Rec/Pool 1420 Loma Lane Page 240 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda EXHIBIT E City Locations Facility Address 20 Montevalle Center 840 Duncan Ranch Road 21 Norman Park Senior Center 270 F Street 22 Otay Ranch Mall Library 2015 Birch Rd,#407 23 Otay Ranch Mall Police Annex 2015 Birch Rd 24 Otay Recreation Center 3554 Main Street 25 Parkway Recreation Complex 385 Park Way 26 Rohr Gardener Station 4548 Sweetwater Road, Bonita, CA 91902 27 Rohr Ranger Station 4548 Sweetwater Road, Bonita, CA 91902 28 Salt Creek Rec Center 2710 Otay Lakes Road 29 South Chula Vista Library 389 Orange Avenue 30 Veteran's Center 785 East Palomar Street 31 Women's Club 357 G Street 32 Oleander Community Center 1301 Oleander Page 241 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Division Item Type Item Description Acres Unit of Measure Quantity Unit Price Extended Price Park Maintenance Park All Seasons Park 7.5           Monthly 12 380.00$                  4,560.00$                Park Maintenance Park Bay Blvd Park 1.5           Monthly 12 380.00$                  4,560.00$                Park Maintenance Park Bonita Long Canyon Park 10.9        Monthly 12 330.00$                  3,960.00$                Park Maintenance Park Breezewood Park 2.5           Monthly 12 310.00$                  3,720.00$                Park Maintenance Park Chula Vista Community Park 14.9        Monthly 12 190.00$                  2,280.00$                Park Maintenance Park Chula Vista Women's Club 0.3           Monthly 12 170.00$                  2,040.00$                Park Maintenance Park Connoley Park 0.7           Monthly 12 206.00$                  2,472.00$                Park Maintenance Park Cottonwood Park 6.6           Monthly 12 206.00$                  2,472.00$                Park Maintenance Park Kumeyaay Park 20.4        Monthly 12 65.00$                     780.00$                   Park Maintenance Park Eucalypts/Menzel Fields‐Pony North 20.9        Monthly 12 81.00$                     972.00$                   Park Maintenance Park Explorer Park 5.6           Monthly 12 206.00$                  2,472.00$                Park Maintenance Park Friendship Park 4.0           Monthly 12 178.00$                  2,136.00$                Park Maintenance Park Gayle McCandliss Park 3.1           Monthly 12 165.00$                  1,980.00$                Park Maintenance Park Greg Rogers Park/Parkview LL Fields 42.1        Monthly 12 124.00$                  1,488.00$                Park Maintenance Park Harborside Park 6.8           Monthly 12 81.00$                     972.00$                   Park Maintenance Park Harvest Park 6.8           Monthly 12 81.00$                     972.00$                   Park Maintenance Park Heritage Park 10.1        Monthly 12 79.00$                     948.00$                   Park Maintenance Park Hilltop Park 9.3           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Holiday State I Park 0.2           Monthly 12 211.00$                  2,532.00$                Park Maintenance Park Holiday State II Park 0.2           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Horizon Park 5.3           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Independence Park 12.8        Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Lancerlot Park 0.1           Monthly 12 130.00$                  1,560.00$                Park Maintenance Park Lauderbach Park 3.9           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Len Moore Skate Park 1.2           Monthly 12 130.00$                  1,560.00$                Park Maintenance Park Loma Verde Park/Community Center 6.2           Monthly 12 211.00$                  2,532.00$                Park Maintenance Park Los Ninos Park 5.1           Monthly 12 79.00$                     948.00$                   Park Maintenance Park MacKenzie Creek park 6.8           Monthly 12 81.00$                     972.00$                   Park Maintenance Park Marisol Park 5.0           Monthly 12 130.00$                  1,560.00$                Park Maintenance Park Memorial Park/Parkway Community Center 7.8           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Montecito Park 7.6           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Montevalle Park/Community Center 29.0        Monthly 12 130.00$                  1,560.00$                Park Maintenance Park Mount San Miguel Park 19.5        Monthly 12 65.00$                     780.00$                   Park Maintenance Park Mountain Hawk Park 12.0        Monthly 12 65.00$                     780.00$                   Park Maintenance Park Norman Park/Community Center 1.5           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Orange Park 3.9           Monthly 12 132.00$                  1,584.00$                Park Maintenance Park Otay Park 4.2           Monthly 12 130.00$                  1,560.00$                Park Maintenance Park Otay Community Center 1.3           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Palomar Park 2.7           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Paseo del Rey Park 9.0           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Plaza de Nacion 1.2           Monthly 12 163.00$                  1,956.00$                EXHIBIT F ‐ CORKY'S PEST CONTROL PRICING Page 242 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Division Item Type Item Description Acres Unit of Measure Quantity Unit Price Extended Price EXHIBIT F ‐ CORKY'S PEST CONTROL PRICING Park Maintenance Park Rancho del Rey Park North & South 9.2           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Rienstra Sports Complex/South Bay Pony & LL 11.1        Monthly 12 65.00$                     780.00$                   Park Maintenance Park Rohr Park 59.9        Weekly 52 65.00$                     3,380.00$                Park Maintenance Park SDG&E West and East 20.0        Monthly 12 65.00$                     780.00$                   Park Maintenance Park Salt Creek Park/Community Center 24.0        Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Santa Cora Park 5.7           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Santa Venetia Park 7.0           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Sherwood Park 0.3           Monthly 12 210.00$                  2,520.00$                Park Maintenance Park Stylus Park 2.6           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Sunbow Park 3.7           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Sunridge Park 6.6           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Sunset View Park 11.2        Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Terra Nova Park 17.0        Monthly 12 210.00$                  2,520.00$                Park Maintenance Park Tiffany Park 5.3           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Valle Lindo Park 4.3           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Veterans Park/Community Center 12.0        Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Voyager Park 11.2        Monthly 12 65.00$                     780.00$                   Park Maintenance Park Windingwalk Park 7.1           Monthly 12 98.00$                     1,176.00$                Park Maintenance Park Escaya Park 7.5           Monthly 12 190.00$                  2,280.00$                Park Maintenance Park Orion Park 1.5           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Millenia Park 3.6           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Strata Park 2.5           Monthly 12 65.00$                     780.00$                   Park Maintenance Park Meadows Park 5.1           Monthly 12 130.00$                  1,560.00$                Park Maintenance Park Grove Park 7.1           Monthly 12 141.00$                  1,692.00$                Custodial Facilities Animal Shelter N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Chula Vista Police Station N/A Monthly 12 240.00$                  2,880.00$                Custodial Facilities Civic Center Complex N/A Monthly 12 240.00$                  2,880.00$                Custodial Facilities Civic Center Library N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #1 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #2 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #3 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #4 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #5 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #6 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #7 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #8 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #9 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Fire Station #10 N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Heritage Community Center N/A Monthly 12 75.00$                     900.00$                   Custodial Facilities J.P. Lippit PW Center N/A Monthly 12 75.00$                     900.00$                   Custodial Facilities Lauderbach Center N/A Monthly 12 75.00$                     900.00$                   Page 243 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Division Item Type Item Description Acres Unit of Measure Quantity Unit Price Extended Price EXHIBIT F ‐ CORKY'S PEST CONTROL PRICING Custodial Facilities Len Moore Skate Park N/A Monthly 12 75.00$                     900.00$                   Custodial Facilities Loma Verde Rec/Pool N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Montevalle Center N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Norman Park Senior Center N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Otay Ranch Mall Library N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Otay Ranch Mall Police Annex N/A Monthly 12 75.00$                     900.00$                   Custodial Facilities Otay Recreation Center N/A Monthly 12 75.00$                     900.00$                   Custodial Facilities Parkway Recreation Complex N/A Monthly 12 240.00$                  2,880.00$                Custodial Facilities Rohr Gardener Station N/A Monthly 12 45.00$                     540.00$                   Custodial Facilities Rohr Ranger Station N/A Monthly 12 45.00$                     540.00$                   Custodial Facilities Salt Creek Rec Center N/A Monthly 12 240.00$                  2,880.00$                Custodial Facilities South Chula Vista Library N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Veteran's Center N/A Monthly 12 110.00$                  1,320.00$                Custodial Facilities Women's Club N/A Monthly 12 75.00$                     900.00$                   Custodial Facilities Oleander Community Center N/A Monthly 12 110.00$                  1,320.00$                Various Swarm Hive Golf Ball ‐ Soft Ball N/A Per incident 1 175.00$                  175.00$                   Various Swarm Hive Basketball and Larger N/A Per incident 1 175.00$                  175.00$                   Various Swarm Wall Infestation N/A Per incident 1 900.00$                  900.00$                   Various Swarm Bee removal – swarm (no honey comb) N/A Per incident 1 175.00$                  175.00$                   Various Swarm Bee and honey comb removal (non‐structural) N/A Per incident 1 450.00$                  450.00$                   Various Swarm Bee and honey comb removal (structural) N/A Per incident 1 900.00$                  900.00$                   Various Swarm Emergency removal (after hours) 1‐hour response time and placement of signs – hourly rate N/A Hourly Rate 1 350.00$                  350.00$                   Page 244 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE Apparatus/Vehicle Purchase and Appropriation: Waive the Competitive Bidding Requirements, Approve the Purchase of One BME Type 6 Squad Apparatus from South Coast Fire Equipment, and Appropriate Funds for That Purpose Report Number: 24-0123 Location: No specific geographic location Department: Fire G.C. § 84308: Yes 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 one BME Type 6 Squad apparatus from South Coast Fire Equipment and appropriating funds for that purpose. (4/5 Vote Required). 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, heavy rescue, brush engines, type 6 squads, and command vehicles. The Fire Department is requesting authorization to purchase one BME Type 6 Squad apparatus from South Coast Fire Equipment. The squad will be used to replace a unit which was determined a total loss caused by a recent vehicle accident. 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 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. Page 245 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The Fire Department responds to Fire, Rescue and Emergency Medical incidents both w ithin the City and surrounding jurisdictions. A component of the response plan for the eastern side of the City has been the implementation of squads, which has assisted in the Fire Department decreasing response times and time on task for fire units. The purchase of one BME Type 6 Squad apparatus will allow the Fire Department to maintain the current level of response resources in the eastern side of the City. The existing damaged/totaled squad provided a reserve unit for crews to rotate into and operate from while frontline squads are receiving maintenance or repair. Without this squad apparatus, we lose response capability when a frontline squad is out of service for maintenance or repair. In addition to this capability, this squad was to be placed into frontline service this August to service the west side of the city due to increasing call volumes that have resulted in the overuse of mutual/automatic aid from the National City Fire Department. Not replacing this damaged/totaled squad will delay the ability to place this unit into service to mitigate this aid issue. The Measure A Public Safety Expenditure plan includes the purchase of additional squad apparatus. Acknowledging an 18-24 month build time, purchasing an in-stock unit now instead of waiting for a 1.5-to- 2-year build time, will provide for an immediate ability to maintain the current level of response resources and create the depth required in having a reserve vehicle and the capacity to improve service in the near future. The Fire Department’s actions to date to locate the apparatus and outfitting has been done in an informal manner and the company available to expedite the delivery is South Coast Fire Equipment. Per Chula Vista Municipal Code Section 2.56.070(B)(3), we are requesting that City Council waive the formal bid procedure and accept the informal process undertaken in light of the urgency approve the purchase and maintain the current level of response resources in the City. The Fire Department has received a quote from South Coast Fire Equipment for the purchase of one BME Type 6 Squad for the quoted purchase price of $403,202.40. The Fire Department is recommending a 5% overage to account for any change order needs in the purchasing process, bringing the total to approximately $424,200. The purchase will be funded out of the Fire Department’s Measure A Vehicle Replacement Fund. Additionally, the purchase will be offset by the insurance settlement (amount to be determined) received. 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. Page 246 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of $424,200 of available fund balance to the Capital category of the Measure A Vehicle Replacement Fund. The order will be placed with the vendor South Coast Fire Equipment upon Council approval. Delivery of the apparatus will be within one (1) month of Purchase Order issuance. Payment for the apparatus is due upon delivery (expected fiscal year 2023-24). Funds received from insurance settlement (amount to be determined) will offset the purchase once received and be deposited to the Measure A Vehicle Replacement Fund. ONGOING FISCAL IMPACT The maintenance of the squad apparatus will be included in the budget development process in subsequent fiscal years. ATTACHMENTS 1. South Coast Fire Equipment Squad Proposal Staff Contact: Harry Muns, Fire Chief Chris Manroe, Deputy Fire Chief Page 247 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE BIDDING PROCESS, AUTHORIZING THE PURCHASE OF ONE BME TYPE 6 SQUAD FIRE ENGINE, AND APPROPRIATING FUNDS TO THE MEASURE A VEHICLE REPLACEMENT FUND THEREFOR 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 utilize 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 implements fire apparatus replacements as part of the City’s Measure A Expenditure Plan; and WHEREAS, the Fire Department continues to move toward compliance with the recommended fire apparatus replacement cycles identified in the City Council-approved Fire Department Fire Facility Master Plan (“Master Plan”); and WHEREAS, Squad 62 was involved in a vehicle collision and determined to be a total loss; and WHEREAS, the Fire Department is in need of an additional squad apparatus to maintain current levels of service and have the ability to place an additional squad apparatus into the service delivery network later in the year; and WHEREAS, the Fire Department’s actions to date to locate the apparatus and outfitting has been done in an informal manner and the company available to expedite the delivery is South Coast Fire Equipment; and WHEREAS, there is an immediate need to replace the damaged squad apparatus to continue providing emergency services to the public now and in the future; and WHEREAS, South Coast Fire Equipment has a current in-stock squad apparatus available for immediate purchase, which will eliminate the need to wait for the industry standard 18 -24 month build time for such apparatus; and WHEREAS, Chula Vista Municipal Code section 2.56.070(B)(3) allows the City Council of the City of Chula Vista to waive the competitive bidding requirements if such requirements are impractical, impossible, or City interests would be materially better served by applying a different purchasing procedure approved by the Purchasing Agent as consistent with good purchasing practices; and Page 248 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. Page 2 WHEREAS, the Purchasing Agent has approved the informal solicitation procurement process used to identify a replacement squad apparatus given the public safety considerations at issue in obtaining a timely replacement vehicle; and WHEREAS, the Fire Department is recommending the purchase of one (1) BME Type 6 Squad vehicle for the maximum price of $424,200 from South Coast Fire Equipment in order to replace the City’s damaged squad apparatus. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it finds that, pursuant to Chula Vista Municipal Code section 2.56.070(B)(3), the City’s interests would be materially better served by waiver of the competitive bidding requirements and the use of the informal solicitation process approved by the Purchasing Agent in order to timely purchase one BME Type 6 Squad vehicle. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it: 1. Approves the purchase of one BME Type 6 Squad in a not to exceed amount of $424,200 from South Coast Fire Equipment. 2. Contingent upon review and approval by the City Attorney, authorizes the City Manager to execute all documents necessary to finalize purchase of the BME Type 6 Squad apparatus from South Coast Fire Equipment. 3. Appropriates up to $424,200 of available fund balance to the Capital category of the Fire Department’s Measure A Vehicle Replacement Fund. Presented by Approved as to form by Harry Muns Marco A. Verdugo Fire Chief City Attorney Page 249 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Extension (1 ) 369,921.00$ Sales Tax @ 8.750%32,368.09$ 402,289.09$ Performance Bond 906.31$ California Tire Fee 7.00$ Consortium Fee Not Applicable -$ 403,202.40$ The above proposal price shall be valid until or extended in writing by South Coast Fire Equipment. Said apparatus and equipment are to be built by the manfacturer and shipped in accordance with the specifications hereto attached, delays due to strikes, war or international conflict, failures to obtain chassis, materials, inability to obtain labor, supplies or manufacturing facilities, epidemics, acts of God, or causes beyond our control not preventing, delivery would be 24 month after chassismonths after receipt of this order and acceptance thereof at our office in Corona, California, and deliver to you at The specifications herein contained shall form a part of the final contract and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the order to purchase, and provided such alterations do not materially affect PROPOSAL FOR FURNISHING FIRE APPARATUS for final acceptance by South Coast Fire Equipment, Inc., at its corporate office in Corona, California, Each March 26, 2024 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. . The buyer must make the payment within 15 days to obtain the full discount. Payments not received with in the 15 days are subject to an adjustment to the Total Purchase Price for the prepayment. 369,921.00$ BME Dodge 5500 "Extreme" Type #6 as per enclosed proposal 32,368.09$ 906.31$ TOTAL PURCHASE PRICE If the customer so desires to purchase the Product described in the Proposal and the attached specifications, prior to the expiration date listed above, the Customer shall sign and return this proposal. The Customer can then provide their choice of document for entering into the agreement by providing a Purchase Order, or signing a Contract with South Coast Fire Equipment, 3150 Palisades Dr. Corona, CA 82878 as the seller. Chula Vista, CA. APPARATUS COST WITH TAX 7.00$ 402,289.09$ 403,202.40$ -$ 05/26/24 Payment Terms - Payment is due of the Total Purchase Price at time of delivery. Changes to the specifications since the time of order can added to the Total Purchase Price or invoiced on a separate invoice. The final sales tax amount will be determined at time of delivery based on the tax rate at that time. A increase or decrease in cost will be reflected on the final invoice. If the customer would desire to pay for the apparatus within 15 days of the purchase order being accepted the Total Purchase Price would be reduced to $403,202.40 Page 250 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda the cost of the construction of the apparatus. The proposal for fire apparatus conforms with all Federal Department of Transportation (DOT) rules and regulations in effect at the time of bid, and with all National Fire Protection Association (NFPA) guidelines for Automotive Fire Apparatus as published at time of bid, except as modified by customer specifications. Any increased costs incurred by the first party because of future changes in or additions to said DOT or NFPA standards will be passed along to the customer as an addition to the price set forth above. Unless accepted within 30 days from the specified date, the right is reserved to withdraw this proposition. Respectfully Submitted, South Coast Fire Equipment, Inc. Sales Representative Signature:____________________________________ Title:_______________ Date:____________________ I, ___________________ authorized representative of ________________________ agrees to purchase the proposed product(s) and agree to the terms and conditions of this proposal and the specifications hereto attached. The Seller will document any such updated price for the customer's approval before proceeding and provide an option to cancel the order without charge if the updated price is not accepted. Tim Olley Force Majeure - South Coast Fire Equipment shall not be responsible nor deemed to be in default on accountof delays in performance due to causes which are beyond the seller's and manufacturer's control and make the seller's performance impracticable, including but not limited to wars, insurrections, strikes, riots, fires, storms, floods, other acts of nature, explosions, earthquakes, accidents, any act of government, delays in transportation, inability to obtain necessary labor supplies or manufacturing facilities, allocation regulations or orders affecting materials, equipment, facilities or completed products, failure to obtain any required license or certificates, acts of God or the public enemy or terrorisim, failure of transportation, epidemics, quarantine restrictions, failure of vendors (due to causes similiar to those within the scope of the clause) to perform their contracts or labor troubles causing cessation, slowdow, or interruption of work. Due to global supply chain constraints, any delivery date contained herein is a good faith estimate as of the date of this order/contract, and merely an approximation based on current information. Delivery updates will be made available, and a final firm delivery date will be provided as soon as possible. Persistent Inflationary Environment: If the Producer Price Index of Components for Manufacturing (www.bls.gov Series ID: WPUID6112) ("PPI") has increased at a compounded annual growth rate of 5.0% or more between the month Pierce accepts the order (Order Month") and a month 14 months prior to the then predicted Ready For Pickup date ("Evalution Month"), then pricing may be updated in an amount equal to the increase in PPI over 5.0% for each year or fractional year between the Order Month and the Evaluation Month. Page 251 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda San Diego County Multi-Agency Wildland Preparedness Exercise Deputy Fire Chief Chris Manroe Emergency Manager Marlon King Page 252 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildand Drill Page 253 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill •2003 San Diego County Fire Chiefs began organizing drill •Drill moves each year throughout the county •Grown to over 700 firefighters over 3-days •San Diego and Imperial Counties •Bomberos from throughout Northern Baja •Various Law Enforcement Agencies •California Office of Emergency Services •San Diego Gas & Electric •County Emergency Managers Page 254 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill The County Wildland Drill provides many training opportunities… •Training for firefighters and law enforcement •Opportunities to work collaboratively •Allow for agency interoperability •Operating in areas of potential fire hazard •Familiarize with neighborhoods and terrain •Provides more opportunities for a younger workforce Page 255 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill Chula Vista was selected this year to host the 21st annual drill •This is the first time the drill has been conducted south of I-8 •April 30, May 1-2 •Eastern area of the City Page 256 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill Page 257 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill Page 258 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill Benefits of Chula Vista hosting the drill •Coordinating with Law Enforcement •First responders from outside, seeing our area before the emergency occurs •Utilizing Genasys Protect for Evacuations Page 259 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill Chula Vista Fire Department has been proactive in mitigating wildfire risks over the recent 10 years…. •Increased staffing •Fuels Crew •Mutual Threat Zones •Squads •New Brush Engine •OES Type 1 and 3 engines Page 260 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda County Wildland Drill Drill will be conducted on April 30, May 1, and May 2 Thanks to… Eastlake I HOA San Miguel Ranch HOA Montevalle Community Center Otay Water District Page 261 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE Agreement: Approve an Agreement with Rogers, Anderson, Malody & Scott LLP to Provide Financial Audit Services Report Number: 24-0122 Location: No specific geographic location Department: Finance G.C. § 84308: Yes 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 an agreement with Rogers, Anderson, Malody & Scott LLP to provide financial audit services. SUMMARY The City of Chula Vista requires an annual, independent audit of its financial statements pursuant to Section 1012 of the City Charter. Fiscal year 2022-23 is the last year covered by the agreement with the City’s current auditor, Lance Soll and Lunghard, LLP. To procure ongoing financial audit services, the City’s Finance Department solicited proposals in accordance with the Chula Vista Municipal Code Section 2.56.110. After an evaluation of the audit firms that submitted proposals, staff recommends approving a three-year agreement with Rogers, Anderson, Malody & Scott LLP with up to two (2) optional one-year extension options. 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 proposed activity consists of a governmental fiscal/administrative activity which does 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. Page 262 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Section 1012 of the City Charter requires an annual, independent audit of the City’s financial statements. The City’s current auditor, Lance Soll and Lunghard, LLP (LSL), has provided financial audit services to the City for fiscal years 2013-14 through 2022-23. The initial agreement with LSL was for five fiscal years and was subsequently extended due to staffing transitions. Fiscal year 2022-23 is the last year covered by the LSL agreement. To procure ongoing financial audit services, the City’s Finance Department solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110. The solicitation was issued on January 26, 2024 and closed on February 16, 2024. The City received six proposals in response to the City’s Request for Proposals (RFP) P13-2024 from the following firms: Badawi & Associates, CliftonLarsonAllen LLP, Lance, Soll & Lunghard, LLP, Rogers, Anderson, Malody & Scott, LLP, The Pun Group LLP, and Vasquez & Company LLP. The City’s selection committee invited three firms to an interview. The City’s selection committee members reviewed, scored, and discussed the firms based on experience, personnel, qualifications, fee proposal, interview, and adherence of firm’s proposal to RFP guidelines. After comprehensive assessment, staff recommends approving the agreement with Rogers, Anderson, Malody & Scott LLP. The agreement provides compensation by year per deliverable, the quantity of which may vary. For example, the single audit work depends on the number of federally funded programs each year. In addition, altho ugh the City intends to prepare the annual comprehensive financial report in-house, there is an optional deliverable for the audit firm to prepare the report, which provides flexibility to City staff. Given the varying and optional deliverables, the compensation for the initial, three-year term is set at a not-to-exceed amount of $534,800. The agreement includes options to extend for two, one-year terms. If the City exercises an option to extend, compensation for each deliverable may be increased by up to 2.5% for each extension. Rogers, Anderson, Malody & Scott LLP is located in San Bernardino, California. The firm was founded in 1948 and has over 74 years of public practice experience, specializing in governmental agency and not-for-profit organization auditing, accounting, and management advisory services. The firm’s staff consists of seven partners, five managers, ten supervisors/seniors, and seventeen professional staff. The firm’s client profile includes cities, redevelopment successor agencies, water districts, other special districts, and joint power authorities. Current local clients include the City of Imperial Beach, City of Poway and City of El Cajon. 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 council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. Page 263 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 CURRENT-YEAR FISCAL IMPACT There is no additional fiscal impact as a result of this action. Funding is available based on current year budget appropriations. ONGOING FISCAL IMPACT These expenses will continue to be included in the annual budget development process for future years. ATTACHMENTS 1. Rogers, Anderson, Malody & Scott LLP Agreement 2. RFP P13-2024 Financial Audit Staff Contact: Sarah Schoen, Director of Finance/Treasurer Amy Pope, Finance Manager, Finance Department Page 264 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT FOR FINANCIAL AUDIT SERVICES BETWEEN THE CITY AND ROGERS, ANDERSON, MALODY & SCOTT LLP WHEREAS, pursuant to Section 1012 of the City Charter, an annual, independent audit of the City’s financial statements is required; and WHEREAS, in order to procure these services, the Finance Department solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110; and WHEREAS, the City received six proposals from firms interested in providing financial audit services; and WHEREAS, the City’s selection committee completed its review of proposals and selected Rogers, Anderson, Malody & Scott LLP as the firm most qualified to provide financial audit services; and WHEREAS, the City desires to enter into a Consultant Services Agreement with Rogers, Anderson, Malody & Scott LLP to perform financial audit services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Consultant Services Agreement between the City and Rogers, Anderson, Malody & Scott LLP, 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 Sarah Schoen Marco A. Verdugo Director of Finance/Treasurer City Attorney Page 265 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 1 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH ROGERS, ANDERSON, MALODY & SCOTT LLP TO PROVIDE FINANCIAL AUDIT SERVICES This Agreement is entered into effective as of May 1, 2024 (“Effective Date”) by and between the City of Chula Vista, a chartered municipal corporation (“City”) and ROGERS, ANDERSON, MALODY & SCOTT LLP, Rogers Anderson Malody & Scott, LLP, a California Limited Liability Partnership) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, Pursuant to section 1012 of the City Charter, the City Council shall hire an independent auditor to audit the annual financial statements of the City; and WHEREAS, In order to procure these services, the Finance Department solicited proposals in accordance with Chula Vista Municipal Code section 2.56.110 and received six proposals; and WHEREAS, the selection committee reviewed and scored each responsive proposal, and interviewed the top three firms in accordance with Chula Vista Municipal Code section 2.56.110; and WHEREAS, the selection committee determined that Consultant was the most qualified and highest ranked firm, and therefore recommends that the contract for independent auditor services be awarded to Consultant; 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.] Page 266 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 5 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 Page 267 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 3 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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, subject to Sections 6.1 and 6.2 of this Agreement, 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 Intentionally Omitted 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 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. Page 268 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 4 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 “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 Page 269 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 5 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 timely and fully protect, defend, reimburse, 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 In demnified 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. Page 270 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 6 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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, and with counsel approved in writing by City, 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 and fees 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. CONFLICTS OF INTEREST 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. 5.3 Levine Act. California Government Code section 84308, commonly known as the Levine Act, prohibits public agency officers from participating in any action related to a contract if such officer receives political contributions totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit D, incorporated into the Agreement by this reference. Page 271 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 7 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 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 thirty (30) 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. Consultant hereby waives any right to remove any action from San Diego County as may otherwise be permitted by California Code of Civil Procedure section 394. 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 Page 272 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 8 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 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. Notwithstanding the foregoing, Work Product specifically excludes those items defined as audit documentation (i.e., materiality calculations, risk assessments, testing thresholds, and similar items) under professional standards promulgated by the American Institute of Certified Public Accountants (AICPA), which will be the property of Consultant. 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 seven (7) 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. Page 273 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 9 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 en titled, 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 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 C onsultant 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.) Page 274 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 10 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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. ROGERS, ANDERSON, MALODY & SCOTT LLP CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ GARDENYA DURAN JOHN MCCANN PARTNER MAYOR ATTEST BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Marco A. Verdugo City Attorney Page 275 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 11 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Amy Pope 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5028 apope@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: ROGERS, ANDERSON, MALODY & SCOTT LLP 735 E. Carnegie Drive, Suite 100, San Bernardino, CA 92408 909-889-0871 gduran@ramscpa.net For Legal Notice Copy to: Gardenya Duran 735 E. Carnegie Drive, Suite 100, San Bernardino, CA 92408 909-889-0871 gduran@ramscpa.net 2. Required Services A. General Description: Professional Auditing Services for fiscal years 2023-24 through 2025-26. B. Detailed Description: 1. The Consultant will perform an examination of the City’s basic financial statements and required supplementary information (RSI) in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, with the objective of expressing an opinion on each opinion unit of the financial statements that collectively comprise the basic financial statements. In addition, the Consultant will express an “in- relation-to” opinion on the combining and individual nonmajor fund financial statements, including budgetary comparison schedules. Finally, the Consultant will determine that information provided in the introductory and statistical sections of the City’s Annual Comprehensive Financial Report (ACFR) confirms to amounts reported in the basic financial statements. Page 276 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 12 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 2. The Consultant will conduct an examination of the City’s federal awards in conformance with the auditing standards. In addition to the audit of the federal awards, the Consultant will review any materials included in the reporting package accompanying the data collection form. The City will prepare the Schedule of Expenditures of Federal Awards. The Consultant will prepare the single audit report and provide the City with one electronic copy in PDF format on or before March 15th of each year. 3. The Consultant will test and report on the GANN appropriation limitation calculation. The Consultant will be responsible for rendering their opinion and providing the City with one electronic copy in PDF format on or before December 15th of each year. 4. Consultant will perform a compliance audit of the City's Housing Successor Fund in accordance with SB 341 and AB 471. Consultant's audit will express an opinion as to whether the Housing Successor Fund is in compliance with the Low and Moderate-Income portion of the "Guidelines for Compliance Audits of California Redevelopment Agencies" as amended by SB 341 and AB 471 for the Housing Successor. 5. The Consultant will prepare separate stand-alone statements of the City's Housing Successor Fund and provide an opinion on those statements. The audit will be conducted in accordance with generally accepted auditing standards. 6. Consultant will perform testing of compliance for Measure A funds and prepare required reports. 7. Consultant will perform testing of compliance for Measure P funds and prepare required reports. 8. When requested by the City, the Consultant will issue a “management letter” that includes non- reportable conditions that were identified during the audit. Management letters should be addressed to the Finance Director and should include a follow-up on the prior year’s recommendations, if any. 9. The City of Chula Vista City Council serves as the City’s Audit Committee. The Consultant will issue an SAS 114 report addressed to the City Council prior to the audit. The Consultant will provide the City with one electronic copy in PDF format prior to the beginning of interim audit fieldwork each year. 10. The Consultant will issue an AU-C 260 report addressed to the City Council at the conclusion of the audit. The Consultant will provide the City with one electronic copy in PDF format by December 15 th of each year. 11. The City has been a recipient of the Government Finance Officers Association (GFOA) Certificate of Achievement Award for Excellence in Financial Reporting for over twenty years and plans to continue to participate in this program in the future. The Consultant is expected to assess the City, as necessary, to meet the requirements of the Government Finance Officers Association (GFOA) Certificate of Achievement in Financial Reporting Program. 12. The City may request the Consultant to render any additional services to supplement the services in this agreement or to perform additional work as a result of the specific recommendations in any report issued on this engagement. Such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work agreed to shall be performed at the same rates set forth in the schedule of fees and expenses included in this agreement. Page 277 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 13 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 13. The Consultant is expected to keep the City informed of new state and national developments affecting governmental finance and reporting standards and trends, including upcoming GASB pronouncements and provide advice for extraordinary transactions. This shall include one formal updating session per fiscal year with the selected City’s financial accounting staff members. 14. The Consultant is expected to be responsive to questions or requests made by the City during the contract period. An option for early termination of the contract may be exercised by the City for persistent non- responsiveness by the Consultant to the City's questions or requests or failure to meet the deadlines established in this agreement. 15. The Engagement Partner may be expected to be present at the City Council meetings when the contract is being awarded or amended and when the annual reports and management letter are being presented (at the City Council or City Manager’s request). 16. The Consultant may be requested to prepare the basic financial statements and required supplementary information (RSI) sections of the City’s ACFR. Should the Consultant prepare the statements, they will be responsible for providing the ACFR in PDF format, compliant with ADA, GFOA, and Single Audit requirements. 17. Irregularities and illegal acts – Consultant shall be required to make an immediate, written report of all irregularities and illegal acts of indications of illegal acts of which they become aware to the City’s Director of Finance. Task Description Completion Date 1 Independent Auditor’s Report No Later Than December 15 for each Audit Year 2 Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards No Later Than December 15 for each Audit Year 3 Single Audit Report No Later Than March 15 for each Audit Year 4 Gann Limit No Later Than April 30 for each Audit Year 5 Housing Successor Compliance Audit No Later Than December 15 for each Audit Year 6 Measure P Compliance No Later Than December 15 for each Audit Year 7 Measure A Compliance No Later Than December 15 for each Audit Year Optional Deliverables 8 Completed ACFR No Later Than December 15 for each Audit Year Page 278 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 14 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 9 GASB 68 No Later Than December 15 for each Audit Year 10 GASB 75 No Later Than December 15 for each Audit Year 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin May 1, 2024 and end on April 30, 2027 for completion of all Required Services. 4. Compensation: A. Form of Compensation ☒ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: Task No. Deliverable Amount FYE 2023-24 Amount FYE 2024-25 Amount FYE 2025-26 1 Independent Auditor’s Report $82,400 $85,300 $88,300 2 Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards $9,200 $9,500 $9,800 3 Single Audit Report Fee for one Program $6,700 $6,900 $7,100 4 Gann Limit $900 $900 $900 5 Housing Successor Compliance Audit $8,000 $8,300 $8,600 6 Measure P Compliance $6,000 $6,200 $6,400 7 Measure A Compliance $6,000 $6,200 $6,400 Total Fee for Required Deliverables $119,200 $123,300 $127,500 Optional Deliverables 8 Additional Single Audit Programs (per program) $5,000 $5,000 $5,500 9 Completed ACFR $10,000 $10,400 $10,800 10 GASB 68 $10,000 $10,400 $10,800 11 GASB 75 $8,000 $8,300 $8,600 Page 279 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 15 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 Payment Schedule based on Deliverables Performed Interim Audit Field Work 20% Final Audit Field Work 50% All Reports Received 30% 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 April 30, 2027 shall not exceed $534,800. 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 two (2) additional one-year terms or May 1, 2027 through April 30, 2028 and May 1, 2028 through April 30, 2029. 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 2.5% 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. Page 280 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 16 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 Page 281 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 17 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 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 .) 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: Victor De La Cruz 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). Page 282 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 18 City of Chula Vista Agreement No.: 2024-047 Consultant Name: ROGERS, ANDERSON, MALODY & SCOTT LLP Rev. 01/23/2024 EXHIBIT D CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer5 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract . The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☒ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below:  Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council  City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us  Planning Commissioners – www.chulavistaca.gov/pc  Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☒ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. 5 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 283 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 1 | Page THE CITY OF CHULA VISTA REQUEST FOR PROPOSAL RFP P13-2024 Notice is hereby given that proposals will be received until 12:00 P.M. on Friday, February 16, 2024, Pacific Standard Time (PST), furnishing the City of Chula Vista with: Financial Audit Prospective Proposers are hereby referred to the proposal instructions, general provisions, and terms and conditions contained in this request for proposal. All proposals must be submitted through PlanetBids by the due date and time, late proposals will not be considered. Proposals received after this time or received via email/fax will not be considered. If you experience technical difficulties submitting your proposal, you must first contact PlanetBids (818) 992-1771 to receive technical assistance. If PlanetBids cannot assist with your issue, you must notify Victor De La Cruz – vdelacruz@chulavistaca.gov. Questions related to the proposal must be submitted through PlanetBids. Questions must be received by 3:00 P.M. Friday, February 2, 2024. Answers will be uploaded to PlanetBids no later than 5:00 P.M. Friday, February 9, 2024. The City reserves the right to reject any or all proposals received, any portion of any proposal and to waive any irregularities, informalities in proposals or the RFP process. Any addenda that are issued through this RFP must be signed and returned with your submittal. Victor De La Cruz Procurement Services Analyst Page 284 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 2 | Page Schedule Activity Date RFP Posted to PlanetBids January 26, 2024 Question Submittal through PlanetBids February 2, 2024, no later than 3:00 P.M. Response to Questions Released February 9, 2024, no later than 5:00 P.M. RFP Response and Proposal Due February 16, 2024, no later than 12:00 pm Presentations/Interviews (if required) March 4, 5, 6 2024 Selection of Consultant March 12, 2024 Council Adoption & Contract Execution April 2024 Contract Start Date May 1, 2024 Objective The City of Chula Vista is requesting proposals from qualified independent certified public accounting firms for Financial Audit services, including its financial statements for three fiscal years beginning with Fiscal Year Ending (FYE) June 30, 2024, with options to extend the agreement for two (2) one-year periods, for a potential term of five (5) years. Scope of Work (SOW) Vendors must be able to, at a minimum, provide the services outlined below. The Vendor Question section of the RFP will address your organization's approach and method for satisfying each of the listed items. All quoted fees should include providing the requested services outlined below. 1. The auditors will perform an examination of the City’s basic financial statements and required supplementary information (RSI) in accordance with the auditing standards outlined below, with the objective of expressing an opinion on each opinion unit of the financial statements that collectively comprise the basic financial statements. In addition, the auditors will express an “in- relation-to” opinion on the combining and individual nonmajor fund financial statements, including budgetary comparison schedules. Finally, the auditors will determine that information provided in the introductory and statistical sections of the City’s Annual Comprehensive Financial Report (ACFR) confirms to amounts reported in the basic financial statements. 2. The auditors will conduct an examination of the City’s federal awards in conformance with the auditing standards outlined below. In addition to the audit of the federal awards, the auditor will review any materials included in the reporting package accompanying the data collection form. The City will prepare the Schedule of Expenditures of Federal Awards. The auditors will prepare the single audit report and provide the City with one electronic copy in PDF format on or before March 15th of each year. 3. The auditors will perform agreed-upon procedures to test and report on the GANN appropriation limitation calculation. The auditors will be responsible for rendering their opinion and providing the City with one electronic copy in PDF format on or before December 15th of each year. Page 285 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 3 | Page 4. Auditor will perform a compliance audit of the City's Housing Successor Fund in accordance with SB 341 and AB 471. Consultant's audit will express an opinion as to whether the Housing Successor Fund is in compliance with the Low- and Moderate-Income portion of the "Guidelines for Compliance Audits of California Redevelopment Agencies" as amended by SB 341 and AB 471 for the Housing Successor. 5. Auditor will prepare separate stand-alone statements of the City's Housing Successor Fund and provide an opinion on those statements. The audit will be conducted in accordance with generally accepted auditing standards. 6. Auditor will perform testing of compliance with the agreement for Measure A funds and prepare required reports. 7. Auditor will perform testing of compliance with the agreement for Measure P funds and prepare required reports. 8. When applicable, the auditors will issue a “management letter” that includes non- reportable conditions that were identified during the audit. Management letters should be addressed to the Finance Director and should include a follow-up on the prior year’s recommendations, if any. 9. The City of Chula Vista City Council serves as the City's Audit Committee. Auditors shall communicate to the City's Audit Committee all communications as required. 10. The auditors will issue a SAS 114 report addressed to the City Council at the conclusion of the audit. The auditors will provide the City with one electronic copy in PDF format by December 15th of each year. 11. The City has been a recipient of the Government Finance Officers Association (GFOA) Certificate of Achievement Award for Excellence in Financial Reporting for over twenty years and plans to continue to participate in this program in the future. The auditors are expected to assess the City, as necessary, to meet the requirements of the Government Finance Officers Association (GFOA) Certificate of Achievement in Financial Reporting Program. 12. The City may request the auditor to render any additional services to supplement the services in this RFP or to perform additional work as a result of the specific recommendations in any report issued on this engagement. Such additional work shall be performed only if set forth in an addendum to the contract between the City and the auditor. Any such additional work agreed to shall be performed at the same rates set forth in the schedule of fees and expenses included in the Proposal. 13. The auditors are expected to keep the City informed of new state and national developments affecting governmental finance and reporting standards and trends, including upcoming GASB pronouncements and provide advice for extraordinary transactions. This shall include one formal updating session per fiscal year with the selected City’s financial accounting staff members. If there is a charge for this, the cost must be separately identified in the audit firm’s cost proposal. Page 286 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 4 | Page 14. The auditors are expected to be responsive to questions or requests made by the City during the contract period. An option for early termination of the contract may be exercised by the City for persistent non-responsiveness by the audit firm to the City's questions or requests or failure to meet the deadlines established in the RFP. 15. The Engagement Partner may be expected to be present at the City Council meetings when the contract is being awarded or amended and when the annual reports and management letter are being presented (at the City Council or City Manager’s request). 16. The auditor may be requested to prepare the basic financial statements and required supplementary information (RSI) sections of the City’s ACFR. Should the auditor prepare the statements, they will be responsible for providing the ACFR in PDF format, compliant with ADA, GFOA, and Single Audit requirements. Required Reports Upon completion of the Audit for each fiscal year the Auditor shall issue the following reports: 1. Independent Auditor’s Report 2. Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 3. Single Audit Report 4. GANN Limit 5. Housing Successor Compliance Audit 6. Measure P Compliance Report 7. Measure A Compliance Report Page 287 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 5 | Page Auditing Standards 1. Auditing Standards generally accepted in the United States of America, as promulgated by the American Institute of Certificate Public Accountants (AICPA) or any successor body. Such standards must include specific requirements found in the AICPA audit guide and Audits of State and Local Governments. 2. Government Auditing Standards, issued by the Comptroller General of the United States. 3. The provisions of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). 4. Specific auditing standards related to any grant agreement determined to be material by the auditors for purposes of the examination of the basic financial statements. 5. Any other applicable standards for conducting examinations and/or required reports in conjunction with those items outlined in the Scope of Work. Working Paper Retention and Access to Working Papers All working papers and reports must be retained, at the auditor's expense, for a minimum of five (5) years, unless the firm is notified in writing by the City of the need to extend the retention period. The auditor will be required to make working papers available, upon request, to the following parties or their designees: • U.S. Department of Housing and Urban Development (HUD); • U.S. General Accounting Office (GAO); • Parties designated by the federal or state governments or by the City as part of an audit quality review process; and, • Auditors of entities of which the City is a sub-recipient of grant funds. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. DESCRIPTION OF THE GOVERNMENT A. City of Chula Vista The City serves an area of 52.9 square miles with a population of 277,000. The City's fiscal year begins on July 1 and ends on June 30. The City provides a range of services normally associated with a municipality including police, fire, parks and recreation, library, planning, building, housing, public works, sewer service, various Page 288 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 6 | Page maintenance services and administration. Electricity, gas, water, cable TV, solid waste are all franchise contracts. The City is a council/manager form of government that is organized into 19 departments. The accounting and financial reporting functions of the City are centralized. B. Federal and State Financial Assistance The City has received Federal and State financial assistance under the following programs for fiscal year 2022-23: U.S. Department of Housing and Urban Development (Community Development Block Grants, HOME Partnership and Emergency Shelter Grant), the U.S. Department of Homeland Security (FEMA), the U.S. Department of Transportation, the U.S. Department of Justice, U.S. Department of Treasury, the California State Departments of Transportation, the Department of Resources Recycling and Recovery (CalRecycle) and Office of Criminal Justice Planning other State grants used for Parks and Recreation projects and library assistance. C. Pension Plans The City participates in the California Public Employees’ Retirement System (CalPERS), the nation's largest public pension fund. CalPERS provide actuarial services for the plan. D. Fund Structure The City uses the fund types listed below in its financial reporting. Each governmental and proprietary fund has a legally adopted budget conforming to the generally accepted accounting principles (GAAP). Fund Type Number of Funds in ACFR General Fund 1 Special Revenue Funds 18 Capital Project Funds 10 Debt Service Funds 5 Enterprise Funds 4 Internal Service Fund 1 Trust and Agency Fund 2 Total Funds 41 E. Budgetary Controls Adoption of the budget is accomplished by the approval of a Budget Resolution passed by the City Council. The legal level of budgetary control is at the department and expenditure category level. Council approval is required for any transfer between departments or overall increase to a department. The City Manager is authorized to transfer appropriations up to $75,000 between expenditure categories within a departmental budget. Any appropriation transfers between expenditure categories within departments greater than $75,000 require City Council approval. Page 289 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 7 | Page Appropriations, other than for capital projects, remaining unspent at the end of any fiscal year will be canceled and returned to available fund balance with the exception of any appropriations encumbered as the result of a valid purchase order or as approved for a specific project or purpose by the City Council or the City Manager. Appropriations for capital projects will necessarily be carried over from year to year until the project is deemed to be complete. F. Availability of Prior Audit Reports The City’s prior audited financial statements are available on City’s website: https://www.chulavistaca.gov/departments/finance/financial-reports TIME REQUIREMENTS A. Audit Schedule The planning phase of the audit engagement may commence upon notification to the auditor of the acceptance of their proposal. The auditor shall provide the City with an audit plan and a list of schedules to be prepared by City personnel prior to the beginning of fieldwork. Interim fieldwork would be expected to be performed in April or May 1 with the final phase of fieldwork commencing in September or October. The ACFR shall be issued and final on or before December 15th of each year. The Single Audit shall be completed and submitted on or before March 15th of each year. All other required reports should be issued contemporaneously with the Final ACFR. B. Entrance Conferences, Progress Reporting and Exit Conferences An entrance conference should be scheduled prior to beginning interim fieldwork. Progress reports are expected on at least a monthly basis to the Director of Finance. An exit conference to summarize the results of fieldwork and to review significant findings is expected on the last day of fieldwork or shortly thereafter. C. Final Reports The Finance Department will complete their review of draft reports and/or auditor comments as expeditiously as possible. During the review period, the auditor should be available for any meetings that may be necessary to discuss the drafts and/or comments. Once all issues for discussion are resolved, the final reports shall be delivered to the Director of Finance within five working days. It is anticipated that this process will be completed, and the final reports delivered on or before December 15th of each year. 1 Fieldwork for FYE June 30, 2024, to be scheduled at a mutually agreed date after execution of the agreement. Page 290 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 8 | Page ASSISTANCE TO BE PROVIDED TO THE AUDITOR AND REPORT PREPARATION A. Finance Department Assistance The Finance Department staff and appropriate management personnel will be available during the audit to assist the firm by providing information, documentation and explanations. The preparation of confirmations will be the responsibility of City with the assistance of the auditor. City staff will assist the auditors in identifying and locating supporting documentation. The auditors will be provided financial system access and will be responsible for generating financial reports and reviewing financial transactions from the system. B. Information Technology Services (ITS) Assistance Information Technology Services Department personnel will be available to provide financial system's documentation and explanations. The auditor will be provided access to the City’s network, financial system, and programs that will be required to complete this work. Tyler Munis is the City’s current ERP. After initial training, the auditor will be expected to use the City’s financial system with minimal technical support. C. Statements and Schedules to be Prepared by the Staff of the City City staff will prepare reasonably required statements and schedules for the auditor. Auditors are expected to use existing reports to the extent possible. If new reports/formats are required a sample report will be provided by the auditor. D. Work Location This work will be performed remotely unless required to present to the City’s Audit Committee (City Council). Page 291 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 9 | Page Proposal Form and Content The City will accept proposals in accordance with the instructions and specifications in this Request for Proposal (RFP). A. Provide one (1) original PDF document uploaded in PlanetBids on or before the date identified in this RFP. B. PREPARATION: Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP and should address how your firm would provide the services identified in the Scope of Work. C. PROPOSAL FORMAT: Proposals shall adhere to the following format for organization and content. Proposals must be divided into the individual sections listed below. D. GENERAL INFORMATION AND EXPIERENCE: Provide a brief description of your organizational structure, including any significant changes to structure or leadership in the past 36 months (if any), and any expected organizational changes in the next year. Identify the number of years of experience in providing legislative advocacy services, similar in size and scope to that requested in the RFP. E. CAPABILITIES: This relates to the individual/firm’s capabilities to provide the professional services described in the Scope of Services. Please demonstrate the individual/firm’s capabilities, using specific Financial Audit accomplishments, the individual/firm’s role in the process. Provide five (5) client references for which your Firm has provided similar services. References shall include date and description of service, project location, completion dates, organization’s name, contact person, title, address, and telephone number. F. POINT OF CONTACT: Identify Firms Partner for the City and other staff or subconsultants that are proposed to be used. Backgrounds or biographies should be provided. G. FIRM’S METHODOLOGYAND APPROACH TO WORK: The proposal must include a detailed work plan, including an explanation of the audit methodology to be followed in performing the services required in this RFP (excluding the optional agreed-upon procedures tasks). The description should provide specific tasks and subtasks in ongoing order. The Firm should address any elements of the Scope of Work it believes are not addressed in the RFP but are necessary to complete the work. The detailed work plan should include a list of all the deliverables (excluding the optional agreed-upon procedures reports). The following information should be included related to the specific audit approach: • Level of staff and number of hours to be assigned to each proposed segment of the engagement. H. FIRM’S PHILOSOPHY AND ETHICAL STANDARDS: Provide a detailed description of the firm’s philosophy and ethical standards. Page 292 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 10 | Page I. FEE PROPOSAL: Total All-inclusive Maximum Price: All proposals must include a maximum price breakdown for auditing services required to render a separate opinion and/or statement of compliance on the separate entities and programs mentioned herein. The audit proposal must include a cost breakdown in the following format. The total annual fee for all reports to be issued (1-7 below) for the audit of fiscal year 2023-24 shall not exceed $____________________ Please identify the individual costs for the reports listed below: 1. Independent Auditor’s Report $____________________ 2. Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards $____________________ 3. Single Audit Report $____________________ 4. GANN Limit $____________________ 5. Housing Successor Compliance Audit $____________________ 6. Measure P Compliance Report $____________________ 7. Measure A Compliance Report $____________________ Payment percentage at completion of deliverable listed below: 1. Interim Audit Field Work - ________% 2. Final Audit Field Work - ________% 3. All reports Received - ________% Optional Services: 1. Prepare the City’s basic financial statements and produce compiled ACFR (as noted in SOW#16) $____________________ The fees for the four succeeding fiscal year extensions may be adjusted based on the annual change in the San Diego Consumer Price Index-All Urban (December-December) and may extend to, but not exceed, a maximum of 5% in any one year. The City will not be responsible for expenses incurred in preparing and submitting the proposal. Such costs should not be included in the proposal. J. TABLE OF CONTENTS - The table of contents shall identify the contents of the proposal in a format consistent with the proposal requirements and format set forth herein. K. Respondent shall provide information regarding any previous security breaches. Page 293 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 11 | Page Evaluation Method All proposals shall be reviewed to verify that the Respondent has met the minimum requirements. Proposals that have not complied with requirements, do not meet minimum content and quality standards, or make unacceptable exceptions to the General Terms and Conditions or 2-party agreement, will be eliminated from further consideration. Proposals will be reviewed and evaluated by a selection committee comprised of City of Chula Vista personnel. The City of Chula Vista intends to accept the proposal it determines to be in the best interests of the City, based on the overall proposal, not exclusively on cost or any other specific factor. The City reserves the right to amend, modify, reject, negotiate, or accept any proposal in whole or in part at its sole discretion. Evaluation Criteria The award to the successful Respondent will be based upon response to the requirements outlined in this RFP, and an estimate of the quality and effectiveness of each it’s services in the following areas (not listed in order of importance): a. Experience/Past Performance/References (Must have a minimum of 5 years City-specific public sector experience) – Consideration will be given based upon the firm’s experience, years in business, past and current client references; technical expertise and professional competence in areas directly related to this RFP; number of years’ experience in performing similar work in performing legislative advocacy services for municipalities in California. b. Personnel – Respondent shall submit resumes of all primary professional staff members who will be performing services under the contract. Respondent should demonstrate that all key personnel have been successfully involved with projects of similar scope and magnitude. c. Qualifications – This category will evaluate the Respondent’s ability to take upon itself the responsibilities set forth in the Scope of Work and produce the required outcome in a timely manner. Consideration will be given for the overall quality of the proposal, including a demonstrated understanding of the purpose, scope and objective of the services to be performed. It is the intention of the City of Chula Vista to award a contract to the Respondent who furnishes satisfactory evidence that the Respondent has the requisite experience and ability to enable the Respondent to prosecute the work successfully and properly, and to complete services in a timely manner. To determine the degree of responsibility to be credited to the Respondent, the City of Chula Vista will weigh the evidence that the Respondent has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. d. Fee Proposal e. Optional Interview – In the event the City decides that interviews are necessary, Respondents who are finalists will be notified as promptly as possible. Each interview will consist of a presentation of no longer than one (1) hour. Notice of confirmation of the interview date/time will be given by telephone or in writing. Page 294 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 12 | Page GENERAL CONDITIONS Payment Terms Terms: ________%_________Days Prompt payment discounts offered for less than fifteen (15) days will not be considered in evaluating bids for award. However, discounts offered of less than fifteen (15) days will be taken if payment is made by the City within the discount period. In the absence of terms, payment shall be Net Thirty (30) Days. Payment Method The City’s preferred payment method is J.P. Morgan’s Single-Use Accounts (SUA) virtual card payment program **(see below for SUA benefits), or EFT/ACH. Please confirm whether your company accepts these forms of payment for invoices. SUA: Yes No EFT: Yes No If SUA is not accepted, the City will make payments through Electronic Funds Transfer (EFT or ACH) and will need the information below: Bank ABA #________________________ Bank Account #_______________________ Bank Name______________________________ Bank Address________________________________________________________________ Checking or Savings Account ____________________________________________________ ** Benefits of SUA Virtual Card Payment Program There are many benefits when accepting SUA payment, including: • accelerated payments that will help reduce days sales outstanding (DSO) • a simplified process that eliminates the cost of processing checks • the ability to reduce administration expenses, account collections and follow-ups • upon your enrollment in our SUA program, we will convert your payment terms to Net 15 days Enrolling in this initiative can help strengthen our business relationship, and we are strongly committed to achieving 100% participation from our valued suppliers. Public Agency Participation Other public agencies (e.g. city, county, public corporation, political subdivision, school district, or water authority) may want to participate in any award as a result of this bid. The City of Chula Vista shall incur no financial responsibility in connection with any purchase by another public agency. The public agency shall accept sole responsibility for placing orders and making payments to the successful respondent. This option will not be considered in bid evaluation. Please indicate whether this will be granted. Yes ________ No ________ Business License A Business License is required as outlined in the Chula Vista Municipal Code Section 5.02.020, which states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. ____________________ ____________________ Signature Date This page must be completed and returned with response. Page 295 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 13 | Page CONSULTANT LEVINE ACT DISCLOSURE California Government Code section 84308, commonly referred to as the Levine Act, prohibits any City of Chula Vista Officer 2 (“Officer”) from taking part in decisions related to a contract if the Officer received a political contribution totaling more than $250 within the previous twelve months, and for twelve months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract. The Levine Act does not apply to competitively bid, labor, or personal employment contracts. ☐ A. The Levine Act (Govt. Code §84308) DOES NOT apply to this Agreement. ☐ B. The Levine Act (Govt. Code §84308) does apply to this Agreement and the required disclosure is as follows: Current Officers can be located on the City of Chula Vista’s websites below: • Mayor & Council - https://www.chulavistaca.gov/departments/mayor-council • City Attorney - https://www.chulavistaca.gov/departments/city-attorney/about-us • Planning Commissioners – www.chulavistaca.gov/pc • Candidate for Elected Office – www.chulavistaca.gov/elections 1. Have you or your company, or any agent on behalf of you or your company, made political contributions totaling more than $250 to any Officer in the 12 months preceding the date you submitted your proposal, the date you completed this form, or the anticipated date of any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ 2. Do you or your company, or any agent on behalf of you or your company, anticipate or plan to make political contributions totaling more than $250 to any Officer in the 12 months following the finalization of this Agreement or any Council action related to this Agreement? YES: ☐ If yes, which Officer(s): Click or tap here to enter text. NO: ☐ Answering yes to either question above may not preclude the City of Chula Vista from entering into or taking any subsequent action related to the Agreement. However, it may preclude the identified Officer(s) from participating in any actions related to the Agreement. Company: _______________________ Date: ___________________________ Signature: _______________________ Title: ___________________________ 2 “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. GC § 84308 Page 296 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 14 | Page BYRD ANTI-LOBBYING ACKNOWLEDGEMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING – REQUIRED FOR CONTRACTS OVER $100,000 Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Contractor’s Authorized Official: _____________________________ Date:_____________ Name and Title of Contractor’s Authorized Official:_________________________ Page 297 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 15 | Page PROPOSAL GENERAL PROVISIONS Please Read Carefully These Provisions Are a Part of Your Proposal and any Contract Awarded The bidder agrees that: A. Bidder has carefully examined the specifications, and all provisions relating to the item(s) to be furnished or the work to be done; understands the meaning, intent, and requirements; and B. Bidder will enter into a written contract and furnish the item(s) or complete the work in the time specified, and in strict conformity with the City of Chula Vista specifications for the prices quoted. Note: Bidder is defined as any individual, partnership, or corporation submitting a bid, proposal, or quotation in response to a request for bid, request for proposal, or request for quotation. A bidder may also be referred to as consultant, contractor, operator, supplier, or vendor. Bid is defined as any bid, proposal, or quotation submitted in response to this solicitation. 1. Items Offered If the item offered has a trade name, brand and/or catalog number, such shall be stated in the bid. If the bidder proposes to furnish an item of a manufacturer or vendor other than that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog number, or other trade designation. Unless such is noted on the bid form, it will be deemed that the item offered is that designated even though the bid may state or equal. 2. Samples Samples may be required for bid evaluation and testing purposes. Bidders shall agree to provide samples within forty-eight (48) hours upon request and at no additional cost to the City 3. Verify Quotations Prices shall be verified prior to bid submittal, as withdrawal or correction may not be permitted after the bid has been opened. 4. Firm Prices Prices on bid shall be firm prices not subject to escalation. In the event the specifications provide for escalation, the maximum limit shall be shown, or the bid shall not be considered. In the event of a decline in market price below a price bid, the City shall receive the benefit of such decline. 5. Modification or Withdrawal of Bids Bids may be modified or withdrawn by written or facsimile notice received prior to the exact hour and date specified for receipt of bid. A bid may also be withdrawn in person by a bidder, or authorized representative, prior to the exact hour and date set for receipt of bids. Telephone withdrawals are not permitted. 6. Late Bids, Modifications, or Withdrawals a) Bids, modifications of bids, or bid withdrawals received after the exact time and date specified for receipt will not be considered unless receipt is before the contract is awarded and the City determines that late receipt was due solely to City error. b) Modification of a successful bid that makes the terms of the bid more favorable to the City will be considered at any time. Page 298 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 16 | Page 7. Mistake in Bid a) If the bidder discovers a mistake in bid prior to the hour and date specified for receipt of bid, bidder may correct the mistake by modifying or withdrawing the bid in accordance with these provisions. b) If within seventy-two hours of the bid closing and prior to the issuance of a purchase order or a contract, the bidder discovers a mistake in its bid of a serious and significant nature which is unfavorable to bidder, bidder may request consideration be given to modifying the bid if it remains the lowest bid or to withdrawal of the bid if the result of the correction of the mistake makes another bidder lowest and best bidder. The mistake must be evident and provable. The right is reserved by the City to reject any and all requests for correction of mistakes in bids received after the hour and date of the bid closing. The decision of the Purchasing Agent is final as regards acceptance or rejection of requests for correction of bids. c) A mistake in bid cannot be considered once a purchase order or contract is issued. 8. Signature All bids shall be signed, and the title and firm name indicated. A bid by a corporation shall be signed by an authorized officer, employee or agent with his or her title. . 9. Alternative Proposals To be responsive to the bid, bidder must submit a proposal that meets all specific bid requirements. Once bidder has proposed a product which is responsive to the specification, bidder may include with the bid any additional proposals or alternative products that bidder believes can meet or exceed the City’s requirements and that may offer additional advantages, benefits, or cost savings. The City reserves the right to evaluate, and accept or reject, such alternatives as though they were part of the original specifications without advertising for further bids, when in the best interests of the City. Any awards so made will be based on operational and cost analysis considerations that would result in the optimum economic advantage to the City. 10. Environmentally Preferable Purchasing (EPP) The City defines Environmentally Preferable Purchasing (EPP) as the procurement or acquisition of goods and services that have a lesser or reduced effect on human health and the environment when compared with competing goods or service that serve the same purpose. With few exceptions, environmentally preferable products shall only be purchased when determined to be cost-effective while considering a true cost during its lifecycle from use, management and disposal. EPP requires attention to numerous environmental considerations, including energy efficiency, postconsumer recycled content, water efficiency, low/zero hazardous substances and responsible manufacturing, to name just a few. Testing and evaluation of environmentally preferable products is one allowable exception and may be requested at any time during the solicitation process. For more information, please consult the CalRecycle website at: https://www.calrecycle.ca.gov/epp. 11. Quality Unless otherwise required in the specifications, all goods furnished shall be new and unused. 12. Litigation Warranty The bidder, by bidding, warrants that bidder is not currently involved in litigation or arbitration concerning the materials or bidder’s performance concerning the same or similar material or service to be supplied pursuant to this contract of specification, and that no judgments or awards have been made against bidder on the basis of bidder’s performance in supplying or installing the same or similar material or service, unless such fact is disclosed to the City in the bid. Disclosure may not disqualify the bidder. The City reserves the right to evaluate Page 299 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 17 | Page bids on the basis of the facts surrounding such litigation or arbitration and to require bidder to furnish the City with a surety bond executed by a surety company authorized to do business in the State of California and approved by The City of Chula Vista in a sum equal to one hundred percent (100%) of the contract price conditional on the faithful performance by bidder of the contract in the event the bid is awarded to bidder, notwithstanding the litigation or arbitration. 13. Performance Standards Performance of work and acceptability of equipment or materials supplied pursuant to any contract or award shall be to the satisfaction of the City. 14. Warranties a) All material, labor or equipment provided under the contract shall be warranted by bidder and/or manufacturer for at least twelve (12) months after acceptance by City. Greater warranty protection will be accepted. Lesser warranty protection must be indicated by bidder on the bid proposal as an exception b) Bidder shall be considered primarily responsible to the City for all warranty service, parts and labor applicable to the goods or equipment provided by bidder under this bid or award, irrespective of whether bidder is an agent, broker, fabricator or manufacturer’s dealer. Bidder shall be responsible for ensuring that warranty work is performed at a local agency or facility convenient to City and that services, parts and labor are available and provided to meet City’s schedules and deadlines. City may require bidder to post a performance bond after contract award to guarantee performance of these obligations. Bidder may establish a service contract with a local agency satisfactory to City to meet this obligation if bidder does not ordinarily provide warranty service. 15. Addenda The effect of all addenda to the bid documents shall be considered in the bid and said addenda shall be made part of the bid documents and shall be returned with them. Before submitting a bid, each bidder shall ascertain whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued may render the bid invalid and result in its rejection. 16. Specifications to Prevail The detailed requirements of the specifications shall supersede any conflicting reference in these General Provisions that are in conflict therewith. 17. Taxes The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable for State, City and County Sales Taxes. Do not include this tax in the amount bid. However, tax is to be added by the successful bidder to the net amount invoiced. All or any portion of the City Sales Tax returned to the City will be considered in the evaluation of bids. 18. Conflict of Interest No City employee or elected or appointed member of City government, or member of the employee’s immediate family, may participate directly or indirectly in the procurement process pertaining to this bid if they: a) Have a financial interest or other personal interest that is incompatible with the proper discharge of their official duties in the public interest or would tend to impair their independence, judgment or action in the performance of their official duties. b) Are negotiating for or have an arrangement concerning prospective employment with bidder. The bidder warrants to the best of his knowledge that the submission of the bid will not create such conflict of Page 300 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 18 | Page interest. In the event such a conflict occurs, the bidder is to report it immediately to the Purchasing Agent. For breach or violation of this warranty, the City shall have the right to annul this contract without liability at its discretion, and bidder may be subject to damages and/or debarment or suspension. 19. Gratuities The City may rescind the right of the bidder to proceed under this agreement if it is found that gratuities in the form of entertainment, gifts, or otherwise are offered or given by the bidder, or any agent or representative of the bidder, to any officer or employee of the City with the intent of influencing award of this agreement or securing favorable treatment with respect to performance of this agreement. 20. Faithful Performance Bond Successful bidder may be required to furnish the City with a surety bond conditioned upon the faithful performance of the contract. This may take the form of a bond executed by a surety company authorized to do business in the State of California and approved by the City of Chula Vista, an endorsed Certificate of Deposit, or a money order or a certified check drawn on a solvent bank. The bond shall be in a sum equal to one hundred percent (100%) of the amount of the contract price. Such bond or deposit shall be forfeited to the City in the event that bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms and conditions of the contract. 21. Insurance Bidder shall provide proof of liability and property damage insurance prior to performance of duties. Coverage shall be from a company authorized to transact business in the State of California and shall be in an amount not less than $1,000,000 combined single limit (CSL), unless otherwise specified. The City of Chula Vista shall be named as an additional insured and thirty (30) days’ notice of cancellation shall be indicated. Worker’s Compensation coverage for each employee engaged in work on City premises is required. Bidder is solely responsible for all insurance premium payments. 22. Indemnification Bidder shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers, employees, and agents, from and against all claims for damages, liability, and expenses (including attorney’s fees) arising out of this agreement and/or bidder’s performance hereunder, except as to such damages, liability, and expenses due to the sole negligence or willful acts of the City, its officers, employees or agents. 23. Award of Contract a) Bids will be analyzed, and award will be made to the lowest, responsive and responsible bidder whose bid conforms to the solicitation and whose bid is considered to be most advantageous to the City, price and other factors considered. Factors to be considered may include, but are not limited to: bidder’s past performance, total unit cost, economic cost analysis, life cycle costs, warranty and quality, maintenance cost, durability, the operational requirements of the City and any other factors which will result in the optimum economic benefit to the City. b) The City reserves the right to reject any item or items, to waive informalities, technical defects and minor irregularities in bids received; and to select the bid(s) deemed most advantageous to the City. The City will, however, consider bids submitted on an “all or nothing” basis if the bid is clearly designated as such. c) The City reserves the right to award one or more contracts on the bids submitted, either by award of all items to one bidder or by award of separate items or groups of items to various bidders as the interests of the City may require, unless the bidder clearly specifies otherwise in his bid. Page 301 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 19 | Page d) For the purpose of evaluating bids for multiple awards, the sum of $100.00 is considered to be the administrative cost to the City for issuing and administering each contract awarded under this solicitation, and individual awards will be made for the items and combinations of items which result in the lowest aggregate price to the City, including such administrative cost. e) Upon acceptance by the City of Chula Vista, the solicitation, bid, proposal, or price quotation and a purchase order issued to the successful bidder shall be deemed to result in a binding contract incorporating those terms and these General Provisions without further action required by either party. Items are to be furnished as described in the bid and in strict conformity with all instructions, conditions, specifications, and provisions in the complete contract, as defined by this clause 28 or any related integrated agreement. 24. Protests Protests by unsuccessful bidders to the selection for award shall be submitted in writing to the Purchasing Agent no later than ten (10) calendar days after award recommendation. The unsuccessful bidder shall have the right to appear at the City Council to protest any award to be confirmed by Council. Failure to submit a timely written protest to the Purchasing Agent shall bar consideration of such protest. 25. Documentation Due to the time constraints that affect contract performance, all required documents, certificates of insurance and bonds shall be provided to the City within ten (10) calendar days following award or date of request by City, whichever is later. Any failure to comply may result in bid being declared non-responsive and rejected, and at City’s option the bid bond may be attached for damages suffered. 26. Seller’s Invoice Invoices shall be prepared and submitted in duplicate to address shown on the Purchase Order. Separate invoices are required for each Purchase Order. Invoices shall contain the following information: Purchase Order number, item number, description of supplies or services, sizes, unit of measure, quantity, unit price and extended totals. 27. Document Ownership a) All technical documents and records originated or prepared pursuant to this contract, including papers, reports, charts, and computer programs, shall be delivered to and become the exclusive property of the City and may be copyrighted by the City. Bidder assigns all copyrights to City by undertaking this agreement b) All inventions, discoveries, enhancements, changes, or improvements of computer programs developed pursuant to this contract shall be the property of the City, and all patents or copyrights shall be assigned to City, unless otherwise agreed. Bidder agrees that City may make modifications to computer software furnished by bidder without infringing bidder’s copyright or any license granted to City. 28. Advertisements, Product Endorsements City employees and agencies or organizations funded by the City are prohibited from making endorsements, either implied or direct, of commercial products or services without written approval of the City Manager. No bidder may represent that the City of Chula Vista has endorsed their product or service without the Purchasing Agent’s prior written approval. 29. City Provisions to Prevail Except as indicated in the specifications, the City’s standard General Provisions shall govern any contract award. Any standard terms and conditions of bidder submitted by bidder shall not be acceptable to City unless expressly Page 302 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 20 | Page agreed to by the City. The City reserves the right to reject bidder’s bid as non-responsive, to consider the bid without bidder’s standard terms and conditions, or to require bidder to delete reference to such as a condition of evaluation or award of the bid. If, after award of contract, bidder (contract vendor) shall provide materials or services accompanied by new or additional standard terms or conditions, they too shall be considered void and City may require deletion as a further condition of performance by Bidder. To the extent not otherwise provided for by the contract documents, the California Commercial Code shall apply. 30. Invalid Provisions In the event that any one or more of the provisions of this agreement shall be found to be invalid, illegal or unenforceable, the remaining provisions shall remain in effect and be enforceable. 31. Amendments and Modifications The Purchasing Agent may at any time, by written order, and without notice to the sureties, make a modification to the contract or an amendment to the Purchase Order, within the general scope of this contract, in (1) quantity of materials or service, whether more or less; (2) drawings, designs, or specifications, where the supplies to be furnished are to be specially manufactured for the City; (3) method of shipment or packing; and (4) place of delivery. If any such change causes an increase or decrease in the cost or the time required for the performance of this contract, an equitable adjustment shall be made by written modification of the contract or amendment to the Purchase Order. Any claim by the bidder for adjustment under this clause must be asserted within 30 calendar days from the notification date. 32. Assignment Bidder shall not assign or delegate duties or responsibilities under this agreement, in whole or in part, without prior written approval of the City. 33. Disputes Except as otherwise provided in these provisions, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the Purchasing Agent, who shall reduce this decision to writing and mail a copy to the bidder. The decision of the Purchasing Agent shall be final and conclusive, unless bidder requests mediation within ten (10) calendar days. Pending final decision of a dispute, the bidder shall proceed diligently with the performance of the contract and in accordance with the Purchasing Agent’s decision. 34. Mediation Should an unresolved dispute arise out of this agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a Blindfold@ process. The cost of mediation shall be borne equally by both parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than sixty (60) days, unless the maximum time is extended by both parties. 35. Lawful Performance Bidder shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the bidder, at bidder’s sole expense. Page 303 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 21 | Page 36. Business License Chula Vista Municipal Code Section 5.02.020 requires all firm/entities doing business with the City to obtain a Business License. Section 5.02.20 states: It is unlawful for any person, or for any person as agent, clerk or employee, either for himself or for any other person, within the corporate limits of the City, to transact, engage in, or carry on any business, show, exhibition or game hereinafter specified without first having procured a license. 37. Annual Appropriation of Funds Multi-year term supply and service contracts and leases are subject to annual appropriation of funds by the City Council. Payments made under term contracts and leases are considered items of current expense. Purchase Orders are funded when issued; therefore, they are current expense items and are not subject to any subsequent appropriation of funds. In the event sufficient funds are not appropriated for the payment of lease payments or anticipated term contract payments required to be paid in the next occurring lease or contract term, and if no funds are legally available from other sources, the lease or contract may be terminated at the end of the original term or renewal term and the City shall not be obligated to make further payments beyond the then current original or renewal term. The City will provide notice of its inability to continue the lease or contract at such time as the Purchasing Agent is aware of the non-appropriation of funds. However, failure to notify does not renew the term of the lease or contract. The City has no monetary obligation in event of termination or reduction of a term contract since such contracts represent estimated quantities and is not funded as a contract except to the extent of the Purchase Orders issued. 38. Extension When in the City’s best interest, this agreement may be extended on a daily, month-to-month, or annual basis by mutual agreement of both parties. Services and/or materials received under an extension shall be in accordance with pricing, terms, and conditions, as described herein. 39. Debarment The Purchasing Agent may recommend to the City Council that the person or business be debarred from consideration for award of contracts. The period of debarment will be contingent upon the severity of cause. Causes for debarment include: a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or other offense indicating a lack of business integrity or business honesty b) Violation of contract provisions which is regarded by the Purchasing Agent to be so serious as to justify debarment action, including: i. Deliberate failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or ii. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts, or iii. Two or more claims of computational error in bid submission within a two-year period. c) Debarment by another governmental entity. d) Any other cause the Purchasing Agent deems to be so serious and compelling as to affect responsibility as a City bidder. A bidder may be permanently debarred for the following causes: Page 304 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 22 | Page i. Collusion in bidding ii. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a contract or subcontract with the City of Chula Vista or in the performance of such contract or subcontract. iii. Conviction under State or Federal antitrust statutes arising out of the submission of bids or proposals. 40. Venue This agreement shall be governed by and interpreted according to the laws of the State of California, and venue for any proceeding shall be in the County of San Diego. (REV February 2021) Page 305 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 23 | Page This sample agreement has been provided for the proposer’s review and comment. If a proposer wishes to take exception to any of the terms and conditions contained in the consultant agreement, these should be identified specifically; otherwise, it will be assumed that the proposer is willing to enter into the agreement as it is written. Any exceptions to terms, conditions, or other requirements must be clearly stated. Failure to identify contractual issues of dispute can later be the basis for the City disqualifying a proposer. The City will consider such exceptions as part of the evaluation process, which may constitute grounds for rejection of the proposal. CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CITY OF CHULA VISTA TO PROVIDE [SERVICES TO BE PROVIDED] This Agreement is entered into effective as of Enter Date (“Effective Date”)3 by and between the City of Chula Vista, a chartered municipal corporation (“City”) and City of Chula Vista, Entity Type (e.g. A California Corporation) (“Consultant”) (collectively, the “Parties” and, individually, a “Party”) with reference to the following facts: RECITALS WHEREAS, Enter Recitals To Describe Basis For Service – See example below 4; and WHEREAS, Enter Recitals To Describe Consultant Selection Process – See example below 5; and Enter Additional Recitals As Needed Or Delete This Line 3 If City Council approved, insert date of City Council approval. Otherwise, insert a date no later than date Consultant’s work commences. 4 For example: “WHEREAS, City requires _____________ [e.g., civil engineering] services in order to ____________________ [e.g., design a new intersection at X and Y streets];” and 5 For example: “WHEREAS, In order to procure these services City solicited proposals in accordance with Chula Vista Municipal Code Section _________________ [2.56.080 for contracts exceeding $100,000; 2.56.090 for contracts of $100,000 or less; 2.56.110 for “professional services” e.g., architects, lawyers, engineers, environmental], received __ proposals, and selected Consultant as the most qualified amongst those submitting; and” [OR, if the project was sole-sourced] “WHEREAS, In order to procure these services Consultant was chosen based on Consultant’s unique qualifications, including ________________; on this basis, Consultant was awarded the contract on a “sole source” basis under the authority of Chula Vista Municipal Code Section ____________ [2.56.070.B.4. for contracts approved by City Council; 2.56.090.B.3. for contracts approved at a staff level].” [OR, if an alternative procurement process is used] “WHEREAS, In order to procure these services Consultant was chosen __________________.” Consult with the City Attorney’s Office if none of these apply Page 306 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 24 | Page 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.] Page 307 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 25 | Page 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 5 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 Page 308 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 26 | Page 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 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, subject to Sections 6.1 and 6.2 of this Agreement, 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 Page 309 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 27 | Page 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 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 Page 310 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 28 | Page 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 “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. Page 311 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 29 | Page 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 timely and fully protect, defend, reimburse, 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. Page 312 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 30 | Page 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. 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, and with counsel approved in writing by City, 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 and fees 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, Page 313 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 31 | Page 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 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. Page 314 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 32 | Page 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 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. Page 315 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 33 | Page 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 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 Page 316 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 34 | Page 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.) Page 317 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 35 | Page 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. CITY OF CHULA VISTA CITY OF CHULA VISTA BY:________________________________ BY: ________________________________ Enter Name Of Signatory Choose a signatory. Enter Title Of Signatory Choose the signatory’s title. ATTEST 6 BY: ________________________________ Kerry K. Bigelow, MMC City Clerk APPROVED AS TO FORM BY: _______________________________ Jill D.S.Maland Lounsbery Ferguson Altona & Peak Acting City Attorney 6 Attestation signature only required if the Mayor signs the Agreement. If Mayor is not signing agreement, delete entire attestation signature block. Page 318 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 36 | Page EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS INSTRUCTIONS: ENTER INFORMATION AS REQUESTED. FOR SECTIONS THAT PROVIDE OPTIONS, SELECT THE CORRECT OPTION. IF YOU WISH TO ATTACH ADDITIONAL INFORMATION RELATED TO EXHIBIT A, PLEASE ATTACH AND LABEL AS EXHIBIT A, ATTACHMENT (1,2, ETC.) DELETE OPTIONS NOT SELECTED AND ALL INSTRUCTIONS.. 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Enter City Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address 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: CITY OF CHULA VISTA Enter Mailing Address Enter Phone Number Enter Email Address For Legal Notice Copy to: Enter Consultant Staff Person Name Enter Mailing Address Enter Phone Number Enter Email Address 2. Required Services A. General Description: Enter Summary Of Work To Be Performed (e.g. Consultant XYZ Will Provide Customer Service Trainings To City Staff) B. Detailed Description: Page 319 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 37 | Page Enter Detailed Information About Each Task To Be Performed, Including Task Description, Associated Deliverables, And Completion Date. May Be Written As Narrative Or Table, As Illustrated Below. Delete Table If Not Used. Task Description Deliverables Completion Date 1 Example: Conduct trainings for City staff Provide copy of training materials, sign-in sheet and list of agreed-upon next steps 2 Enter Additional Lines For Tasks As Needed; Delete Excess Lines 3 4 3. Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin Enter Date and end on Enter Date for completion of all Required Services. 4. Compensation: SELECT ONE OF THE FOLLOWING OPTIONS THEN DELETE ANY OPTION THAT IS NOT APPLICABLE, AS WELL AS THESE INSTRUCTIONS A. Form of Compensation ☐ Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of $Enter Contract Amount, upon completion of all Required Services to City’s satisfaction. OR ☐ Fixed Fee Paid in Increments. For the completion of each Deliverable of the Required Services, as identified in section 2.B., above, City shall pay the fixed fee associated with each Deliverable, in the amounts set forth below: Task No. Deliverable Amount OR ☐ 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: Enter Applicable Hourly Rates Page 320 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 38 | Page B. Reimbursement of Costs ☐ None, the compensation includes all costs OR ☐ Invoiced or agreed-upon amounts as follows: Enter or Attach And Reference Any Agreed-Upon Cost Reimbursements Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through Enter End of Contract Date shall not exceed Enter Amount. 5. Special Provisions: CHECK ANY THAT APPLY OR SELECT “NONE,” AND DELETE ALL INSTRUCTIONS. ☐ Permitted Sub-Consultants: List Permitted Sub-Consultants or Indicate “None” ☐ Security for Performance: See City Attorney or Indicate “None” if Not Applicable ☐ Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for Insert Number of Terms additional terms, defined as a one-year increment or Enter a Specific Date. if applicable. 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 Insert Percentage of Increase or Actual Dollar Amount 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. ☐ Other: Describe Special Provisions (Delete Line If Not Applicable) ☐ None Page 321 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 39 | Page 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: ENTER ANY ADDITIONAL TERMS OR “NONE” Page 322 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 40 | Page EXHIBIT C CONSULTANT CONFLICT OF INTEREST DESIGNATION The Political Reform Act 7 and the Chula Vista Conflict of Interest Code 8 (“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.9 ☐ A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 10 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 7 Cal. Gov. Code §§81000 et seq.; FPPC Regs. 18700.3 and 18704. 8 Chula Vista Municipal Code §§2.02.010-2.02.040. 9 Cal. Gov. Code §§53234, et seq. 10 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). Page 323 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RFP P13-2024 January 26, 2024 41 | Page 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: Enter City Staff Person’s Name Page 324 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 03 P a g e | 1 April 23, 2024 Agreement: Award Progressive Design-Build Agreement with Erickson Hall Construction Company, Amend the Fiscal Year 2023-24 Capital Improvement Program Budget, Establish a New CIP Project and Appropriate Funds Report Number: 23-0260 Location: La Media Rd. and Santa Luna St. Department: City Manager G.C. § 84308: Yes Environmental Notice: The Project was adequately covered in a previously-certified Final Environmental Impact Report (FEIR 10-03; SCH No. 2010062093) for Otay Ranch Village 8 West Sectional Planning Area (SPA) and Tentative Map. Recommended Action Adopt a resolution A) Awarding a Progressive Design-Build Construction Agreement between the City and Erickson-Hall Construction Company for design and construction of Temporary Fire Station 11; B) Amending the Fiscal Year 2023-24 Capital Improvement Program (CIP) budget by establishing a new CIP Project, GGV0273 “Temporary Fire Station 11”; and C) appropriating funds for that purpose (4/5 Vote Required). SUMMARY The current Fire Facility, Maintenance, and Equipment Master Plan (FFMP) establishes the need for an additional fire station, Fire Station 11, at La Media Road south of Main Street in Otay Ranch Village 8 West. The September 2020 Village 8 West Fire, Rescue, and EMS Needs Analysis (Attachment 1) further determined Fire Station 11 should be located at or near La Media Road and East Main Street, and should accommodate an engine and ambulance to serve Village 8 West, additional planned development, and the existing City; and that Fire Station 11 would need to be in service within 2 years of issuance of the 600th single family or multi- family building permit in Village 8 West. The 600th single- or multi-family building permit in Village 8 West was issued in August 2021. To immediately address existing response time deficiencies, staff recommends that the Council approve fast-track construction of a temporary fire station, Temporary Fire Station 11, at the northwest corner of La Media Road and Santa Luna Street. The construction of a temporary fire station will improve response times in the southeasterly portion of the city; and will increase the longevity of Fire Stations 7 and 10 through decreasing “wear and tear” on those stations. Staff further recommends the Page 325 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 Temporary Fire Station 11 project be fast-tracked utilizing progressive design-build delivery and awarded as sole-source contract to Erickson-Hall Construction Company. 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 a previously-certified Environmental Impact Report (FEIR 10-03; SCH No. 2010062093) for Otay Ranch Village 8 West Sectional Planning Area and Tentative Map. Thus, no further environmental review is necessary. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION The current FFMP establishes the need for an additional fire station, Fire Station 11, at La Media Road south of Main Street in Otay Ranch Village 8 West. The September 2020 Village 8 West Fire, Rescue, and EMS Needs Analysis (Attachment 1) further determined Fire Station 11 should be located at or near La Media Road and East Main Street and should accommodate an engine and ambulance (4 firefighters, 2 ambulance transport employees) to serve Village 8 West, additional planned development, and the existing City. Fire Station 11 is necessary to provide fire, rescue, and emergency medical services because existing fire stations and response companies were not intended to provide service to this area and do not have response capacity for this new population growth. Village 8 West is adjacent to several existing and occupied neighborhood developments. Without the increase to fire service capability, additional calls for service, or “CFS,” caused by population growth will have an impact on Fire Department response threshold standards. The performance of existing fire stations and response companies currently does not have additional service capacity. The effects will progressively worsen as development approaches build out, and normal service demand continues to increase. As the existing fire station network is currently not capable of meeting its City Council established response time thresholds, an additional Fire Station – Fire Station 11 – is needed to serve Village 8 West. Overview The Chula Vista Fire Department (CVFD, or the “Department”) provides fire, rescue, and emergency medical services to the City of Chula Vista. The Department’s jurisdiction encompasses the entire municipal limits of the City. The 2020 Village 8 West Fire, Rescue, and EMS Needs Analysis established that the Chula Vista Fire Department’s ten stations responded to nearly 24,000 CFS, while serving a population of 272,000 and covering an area of over 52 square miles. Stations are staffed 7 days a week, 24 hours per day with a total daily staffing of 49 emergency response personnel including two battalion chiefs. From 2015-2020, CFS rose an average 6% annually. Page 326 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 Fire Station Network A fire station network is built based on distribution and concentration of resources. Distribution is spreading fire stations with the appropriate equipment and staffing throughout the service area to minimize travel times to CFS regardless of the volume. Concentration is adjusting the spread of fire stations with the appropriate equipment and staffing throughout the service area based on call volume and/or high-risk potential incidents requiring additional equipment and staffing to safely mitigate the incident. Reliability, availability, and operational efficiency are the outcomes of distribution and concentration of fire stations, equipment, and staffing demonstrated in the form of performance metrics. These performance metrics are outcome based, meaning they have a direct correlation to the amount of fire spread and/or loss, and the severity of irreversible damage to people suffering from a medical emergency. Today, services are provided via ten fire stations located within the City. The Department staffs a fleet of fire apparatus which includes nine fire engines, two aerial trucks, one Urban Search and Rescue (US&R) company, two SQUAD response units, and two battalion command vehicles. The Department operates with engine companies in nine of the ten fire station locations and a standalone US&R at Fire Station 3. Two stations (Fire Stations 1 and 7) house truck companies alongside the engine companies. Fire Station 7 is the hub for two squad units, which operate seven days/week from 07:30-17:30 hours to support peak call volume at the eastern portions of the city. Operational Battalion Chiefs also respond out of these two fire stations. Performance Metrics While Department performance metrics are formulated on a Citywide basis, a closer look at individual response areas in the eastern portion of the City reveals inconsistencies with service levels as compared to the west. The Department is implementing measures to improve performance in the east with the goal of matching performance in the west. The opening of Fire Station 10, implementation of SQUADs, and implementation of 4.0 staffing are some examples. The fire station network in the region of Village 8 West shows an average compliance well below all three performance metrics identified above. These gaps are demonstrated in the performance of Fire Stations 4, 6, 7, and Fire Station 8 in the table below (Table 1): Table 1: Fire Station Performance Near Village 8 West (Village 8 West Fire Rescue & EMS Needs Analysis, 2020) Station 4 Station 6 Station 7 Station 8 2019 Re s p o n s e Ti m e a t 9 0 % Co m p l i a n c e % Re s p o n s e Ti m e a t 9 0 % Co m p l i a n c e % Re s p o n s e Ti m e a t 90 % Co m p l i a n c e % Re s p o n s e Ti m e a t 9 0 % Co m p l i a n c e % St a n d a r d Av g Co m p l i a n c e ALS* 1st Unit 0:07:26 86% 0:07:39 83% 0:08:13 77% 0:07:56 78% 7 min at 90% 81% IAF** 0:08:30 56% 0:09:05 50% 0:10:00 62% 0:10:40 73% 7 min at 90% 60% ERF*** 0:10:49 80% 0:21:51 0% 0:13:24 83% 0:13:34 33% 10 min at 90% 49% Notes: *Advanced Life Support ** Initial Attack Force ***Effective Response Force Page 327 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4 Fire Station 10 located in Millenia is not part of this analysis since it was placed into service in May 2020 and limited data is available to analyze. At the time the 2020 analysis was completed, Fire Station 10 had only been in service for two months. At that time, Fire Station 10 averaged 2 CFS per day which did have a positive impact on Fire Station 7 and Fire Station 8 performance metrics; however, not enough to bring metrics into compliance. Using this as an indication, the impact of Fire Station 10 is not enough to compensate for the additional service demand forecasted from Village 8 West. In addition to Fire Station 10 improving Fire Stations’ 7 and 8 performance gaps, Fire Station 10 is geographically not the primary Fire Station to support CFS in Village 8 West. Using the intersection of La Media and Santa Luna as the gateway to Village 8 West from existing fire stations and response companies, Figures 1, 2, and 3 below show travel distances from Fire Stations 7 and 10 to this intersection. Based on figures 1, 2, and 3 below, Fire Station 7 provides the nearest response companies at 1.01 miles. Fire Station 10 is the second closest at 1.98 miles; or 1.44 miles via Bob Pletcher Way. It should be noted that routing from Fire Station 10 to Village 8 West via Bob Pletcher Way utilizes residential streets, requires three additional turns, and includes more controlled/uncontrolled intersections when compared to routing in Figure 2. Even though Figure 3 is the shortest travel distance, Figure 2 may prove to be the quickest route. Figures 1, 2, and 3: Fire Stations 7 and 10 Distances to Village 8 West Gateway (Village 8 West Fire Rescue & EMS Needs Analysis, 2020) Village 8 West Service Demand Village 8 West is located at the southerly edge of the Otay Valley Parcel of Otay Ranch. The town center of Village 8 West is located at the intersection of Main Street (formerly Rock Mountain Road) and La Media Road. Village 8 West is surrounded by Village 4 to the west, Village 2 and 7 to the north, Village 8 East to the east, and Multiple Species Conservation Program (MSCP) open space to the south. According to the Sectional Planning Area (SPA) Plan for Otay Ranch Village 8 West, 2,334 residential units are anticipated. The 2019 Residential Growth Forecast shows the City of Chula Vista has a persons per residential unit factor of 3.30. This factor multiplied by the number of residential units indicates population Figure 1: Fire Station 7 Response Via La Media Rd Figure 2: Fire Station 10 Response Via La Media Rd Figure 3: Fire Station 10 Response Via Bob Pletcher Way Page 328 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 5 growth of 7,702 at build out of this village (no adjustments were made to the persons per unit factor, as Chula Vista has only seen a 0.123 increase in this factor from 2010-2020). Fire service demand can be influenced by high-risk occupancies or known hazards in an area, (e.g., wildland urban interface), and population. For this analysis, population will be the sole factor in determining the anticipated CFS and therefore impacting the Department’s ability to respond within prescribed performance metrics. In order to determine service demand, the City’s population growth, the Department’s CFS growth, and Department calls per capita trends need to be analyzed. Once this is done, per capita trends can then be multiplied against the anticipated population of Village 8 West, which will translate to service demand. This service demand is then compared against the performance of the existing fire station network to demonstrate the impacts of adding population and therefore, CFS. Based on the planned 2,334 dwelling units in Village 8 West multiplied by Chula Vista’s occupanc y factor of 3.3 persons per dwelling unit, a population growth of 7,702 residents can be anticipated at buildout. When multiplied by the number of calls per capita, this development is expected to produce 618 CFS annually. Without an additional fire station and response unit(s) located in this area, the corresponding increased service demand would be distributed directly to Fire Station 7 located at 1640 Santa Venetia, just north of the Village 8 West development. Surrounding Area Fire Station Capacity In 2019, Fire Station 7 responded to 2,614 CFS with two response units, Engine 57 and Truck 57. Historical Fire Station 7 call volume from 2015 through 2019 indicates an increase of over 700 CFS with an average increase of 8% per year. Just over half of this i ncrease is attributed to the addition of new dwelling units in Otay Ranch Village 2. The Chula Vista Development Services Department reports that 1,664 dwelling units were permitted in Otay Ranch Village 2 between 2015 and 2019. Multiplied by Chula Vista’s occupancy factor of 3.3 persons per dwelling unit, this results in an estimated population growth of 5,491 residents. When multiplied by the number of calls per capita, this development produced an estimated 434 additional CFS. These additional CFS make up 3.9% of the annual increases from 2015 to 2019. The remaining 4.1% increase in CFS growth can be attributed to rising community service demand. Based on this information, the Fire Station 7 CFS will reach 3,196 CFS by 2024, adding approximately 582 CFS each year. In addition to the normal increase in CFS, by 2024, Village 2 will grow by an additional 2,871 dwelling units. Using the same methodology from above, the new Village 2 dwelling units are expected to add 9,474 residents to the population. This added population is expected to generate an additional 961 CFS annually. When added to the forecasted CFS in 2024, Fire Station 7’s annual CFS volume is expected to increase to 4,157. In analyzing the current capacity of Fire Station 7, performance of Engine 57 and Truck 57 are below standard compliance for all three performance metrics (Table 8). Adding additional service demand to Fire Station 7 will result in diminishing performance and negatively impact public safety to existing and future residents. Page 329 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 6 Findings Village 8 West is the next major development in the City; the development is outside of the current sphere of coverage of the Department. Current Department metrics are below standard compliance indicating a lack of service capacity to absorb impacts of this development. Village 8 West would increase service area, population, and CFS demands, and negatively impact current Department compliance. As described above, Fire Station 7 does not have the capacity to serve Village 8 West. In the map below (Figure 4), a circle is shown which indicates a 6,500-foot radius buffer. Using historical travel data previously mentioned in this analysis, the circumference indicates the maximum travel distance a response unit can travel within five minutes. This captures the northern 20% of the Village 8 West development, which is shown in purple. Based on this, the Department can support limited development and population growth of up to 600 dwelling units in Village 8 West. At 600 dwelling units , the population growth is estimated to be 1,980, which will generate approximately one CFS per day. Figure 4: Fire Station 7 5-Minute Response Radius (Village 8 West Fire Rescue & EMS Needs Analysis, 2020 ) Page 330 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 7 Program For Temporary Fire Station 11 To meet timing and budget objectives, a temporary Fire Station is proposed. A temporary station comprised of factory-built modular buildings assembled on site is projected to be operation-ready within 7 months of project start. The program for Temporary Fire Station 11 will include a modular station building with living quarters and offices for engine and EMT crews; a modular building with gym, laundry, and turnout gear storage; a sprung apparatus building with three rollup bays; and all sitework, utilities, access roads, and traffic signals. The temporary facility will be sited to mitigate any impacts to future permanent fire station construction. Table 2: Costs for Design and Construction of Temp Fire Station 11 Not-to-exceed design and construction costs $6,276,276.00 Modular Station Buildings (Pacific Mobile Structures, Inc.) (Attachment 4) $944,359.00 City Soft Costs and Contingency $536,284.00 Total Estimated Project Cost: $7,756,919.00 Sole-Source Design Build Delivery Progressive Design-Build delivery will best meet the fast-track needs for the Temporary Fire Station 11 project. Chula Vista Municipal Code Section 2.57.030(E) permits sole source design-build contracts where certain market conditions exist and the proposed design-builder possesses unique performance capabilities. A sole-source award will save months of staff time required to solicit proposals and select a design-build team. A “progressive” design-build contract is a delivery method where the initial contract does not contain a construction price, and the design-build team works collaboratively with the City to develop a final design and scope within the City’s desired budget parameters. With this particular contract, Erickson-Hall will propose a guaranteed maximum construction price following development of the design, and the price will be within the City Council’s estimated cost in Table 2 above. To objectively validate the project budget, the City has obtained an independent third-party conceptual estimate (Attachment 2) from O’Connor Management, Inc. (“OCMI”), a reputable construction management services firm; the sole-source contract award is based on this budget. The guaranteed price of the design and construction may ultimately be below the not-to-exceed amount, if the design-builder is able to value engineer or achieve other efficiencies. In the event there are unforeseen additional costs or change orders, the City Council’s action includes approval of an additional $536,284.00 for soft costs and contingency. Costs beyond this amount are not anticipated and would have to be approved by the City Council. Erickson-Hall Construction Company is an employee-owned design-builder uniquely able to deliver a Temporary Fire Station 11 that will meet Fire Department requirements and City development objectives. Erickson-Hall and its design partners have worked together to successfully complete 45 California Essential Service Facilities to date, eight of which were delivered via the design-build delivery process (Attachment 3- Statement of Qualifications). City staff has provided Erickson-Hall with an initial draft contract, which the parties are continuing to finalize language. The final contract will be in a form approved by the City Attorney. Page 331 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 8 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.). CURRENT-YEAR FISCAL IMPACT Approval of the resolution amends the fiscal year 2023-24 Capital Improvement Projects Program budget by appropriating $6,138,474 from the available fund balance of the Fire Suppression Component of the Public Facilities Development Impact Fees (PFDIF) Fund and $1,618,445 from the available fund balance of the Parkland Acquisition and Development (PAD) Fund for total project costs for Project GGV0273 (Temporary Fire Station 11) of $7,756,919. Fire Station 11 (both the temporary and permanent station) is being sited within the planned Otay Ranch Community Park North. The design of the park requires the construction of an access road, which can also serve Fire Station 11. While this road is being constructed now, in advance of the park, it will ultimately be the primary means of vehicular access to the park and is therefore being funded using PAD Fees. Traffic Signal improvements required to service Fire Station 11 are being funded from the Fire Suppression Component of the PFDIF. ONGOING FISCAL IMPACT The operations and maintenance of Fire Station 11 are reflected in the City’s Long-Term Financial Plan and will be included in the annual budget development process. The current estimated operating costs for fiscal year 2024-25 total $2.2 million. ATTACHMENTS 1. Village 8 West Fire Rescue EMS Needs Analysis (October 2020) 2. OCMI Conceptual Estimate for Temporary Fire Station 11 3. Erickson Hall Construction Company Statement of Qualifications 4. Pacific Mobile Structures, Inc. Proposal Staff Contacts: Kara Peterson, Development Projects Manager Tiffany Allen, Assistant City Manager Page 332 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda C:\Program Files\eSCRIBE\TEMP\2159358181\2159358181,,,Resolution(5).docx RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A PROGRESSIVE DESIGN- BUILD AGREEMENT BETWEEN THE CITY AND ERICKSON HALL CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF TEMPORARY FIRE STATION 11 (CIP NO. GGV0273), AMENDING THE FISCAL YEAR 2023-24 CIP PROGRAM BUDGET BY ESTABLISHING A NEW CIP PROJECT, GGV0273 “TEMPORARY FIRE STATION 11”, AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City needs to construct a Temporary Fire Station 11 for emergency response serving the Otay Ranch Village 8 West area (the “Project”); and WHEREAS, the Project is comprised of: (1) sitework and utilities, (2) a modular station building with living quarters, (3) a modular support building for gym, laundry, and turnout storage, and 4) a sprung apparatus bay; and WHEREAS, the City has purchased modular fire station buildings for the Project in the amount of $944,359.00; and WHEREAS, as authorized by Chapter 2.57 of the Chula Vista Municipal Code (“CVMC”), the City may solicit, qualify, evaluate, select and award design-build contracts for City construction projects; and WHEREAS, in accordance with CMVC Section 2.57.030(E), the City Manager is authorized to certify sole-source selection of design-build entities; and WHEREAS, Erickson Hall Construction Company is uniquely qualified to perform the work and holds active Class A and B Contractor Licenses under California Contractor State License Board Number 751343 and has performed similar work in the City; and WHEREAS, staff has reviewed the conceptual estimate for the design and construction of the project and recommends award of a design build agreement in the not-to-exceed amount of $6,276,276.00 to Erickson Hall Construction Company; and WHEREAS, City staff is in the process of finalizing negotiations with Erickson-Hall and recommends that the City Council authorize the City Manager to complete the negotiations and finalize and execute the agreement, subject to approval of the City Attorney. Page 333 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that, based upon the City Council findings and determinations set forth above, which such findings and determinations are incorporated herein by this reference, the City Council awards the Design- Build Agreement for the “Temporary Fire Station 11 Project (CIP NO. GGV0273)” between the City and Erickson-Hall Construction Co., in an amount that will not exceed $6,276,276.00. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it authorizes and directs the City Manager to complete negotiations with Erickson Hall, finalize the terms of the progressive design-build agreement, and execute a contract in a form 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. BE IT FURTHER RESOLVED that the City Council approves $536,284.00 for the City’s soft costs and contingency for completion of the Project. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves amending the Fiscal Year 2023-24 CIP Program Budget by establishing a new CIP project, GGV0273, “Temporary Fire Station 11.” BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it approves appropriating project costs of $6,138,474.00 from the available fund balance of the Public Facilities Development Impact Fees Fund and $1,618,445.00 from the available balance of the Parkland Acquisition and Development Fee Fund and authorizes the City Engineer to approve change orders up to the total project amount of $7,756,919.00. Presented by Tiffany Allen Assistant City Manager Approved as to form by Marco A. Verdugo City Attorney Page 334 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Village 8 West Fire, Rescue & EMS Needs Analysis PREPARED BY: CHULA VISTA FIRE DEPARTMENT September 2020 Page 335 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 1 | P a g e Contents Executive Summary ...................................................................................................................................... 2 Chula Vista Fire Department ........................................................................................................................ 4 Overview ................................................................................................................................................... 4 Fire Station Network ................................................................................................................................ 4 Performance Metrics ................................................................................................................................ 5 Fires ...................................................................................................................................................... 5 Emergency Medical Services (EMS) ...................................................................................................... 6 Current Fire Department Performance Metric Compliance................................................................. 6 Village 8 West Development ........................................................................................................................ 9 Village 8 West Overview ........................................................................................................................... 9 Population Forecast .................................................................................................................................. 9 Service Demand Forecast ......................................................................................................................... 9 Population ............................................................................................................................................ 9 Calls for Service .................................................................................................................................. 10 Calls per Capita ................................................................................................................................... 10 Village 8 West Service Demand .......................................................................................................... 11 Surrounding Area Fire Station Capacity ................................................................................................. 11 Findings ....................................................................................................................................................... 13 Conclusions ............................................................................................................................................. 13 Summary of Findings .............................................................................................................................. 13 References .................................................................................................................................................. 15 Page 336 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2 | P a g e Executive Summary This analysis is intended to establish and memorialize the need for additional fire, rescue, and emergency medical services (EMS) for the southeast areas of the City of Chula Vista. More specifically, the current Fire Facility, Equipment, and Deployment Master Plan (FFMP) references the need for an additional fire station at La Media Rd, south of Main Street (Previously Rock Mountain Rd) in Otay Ranch Village 8 West. The following analysis will provide the location and construction timing for this fire station. The FFMP was completed to establish a fire station network capable of meeting incident response performance metrics adopted by the City Council for the Fire Department at City buildout. When the FFMP was completed in 2012, precise development plans were not available to support determining the location and timeframe for this fire station to be operational. The FFMP is limited in its discussion on page 134 regarding the Village 8 West Fire Station. The FFMP does however state that a fire station should be planned for the area around La Media Road and Rock Mountain Road; and that the station will house the primary unit for Villages 3, 4, 7, and 8. The FFMP goes on to recommend the Village 8 West station should be built to accommodate at least two units (engin e and truck) and that system performance improves by 4 percentage points to 77% when the station is built at the suggested site. There is currently no known document that discusses a needs analysis related to the timing of the fire station within Village 8 West. It is the intent of this document to provide a thorough justification for the starting point at which the fire station should begin the two-year process for planning and build time. A fire station located in Village 8 West is necessary to provide fire, rescue, and emergency medical services because existing fire stations and response companies were not intended to provide service to this area and do not have response capacity for this new population growth. This fire station will need to be initiated at the 600th single family and/or multi-family residential building permit (also referred to as dwelling units throughout this analysis document) issuance and should be located at/near the intersection of La Media Rd and Main Street in the north-central area of Village 8 West. In addition, based on current data information and the Public Safety Staffing Plan which incorporates several improvements to the response network capability, there is no longer a nee d for the suggested engine and truck (8 firefighters) at the Village 8 West fire station as recommended in the FFMP. With the new service capability of Fire Department based ambulance transportation, there will however, be a need to house an engine and an ambulance (4 firefighters, 2 ambulance transport employees). There are two significant items that will be discussed in this analysis. First, is an examination of the need for a fire station to serve the Village 8 West area of the City. Second, the ana lysis will address the necessary starting point to initiate planning and implementation for fire station construction. This analysis will focus on travel time from the nearest fire station to emergency calls for service (CFS) based on specific call for service types and established performance metrics. Village 8 West is adjacent to several existing and occupied neighborhood developments. Without the increase to fire service capability, additional CFS caused by population growth will have an impact on Fire Department response threshold standards. The performance of existing fire stations and response Page 337 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 3 | P a g e companies currently does not have additional service capacity. The effects will progressively worsen as development approaches build out, and normal service d emand continues to increase. It is a rather easy task to determine the necessity of a fire station in Village 8 West due to the simple fact that the existing fire station network is currently not capable of meeting its City Council established response time thresholds. Any additional increase to service demand will continue to negatively affect the ability to achieve threshold compliance. Nonetheless, the analysis will evaluate the effect of population growth and its impact on the existing Fire Department response network. This analysis differs from other studies in that it utilize s response data gathered from actual network performance based on historical responses versus theoretical formulas or algorithms. This is an important distinction since typical analysis of requirements for fire protection and emergency service delivery for future development uses theoretical formulas, calculations, or algorithms that focus on road network travel time. Methods such as these were used in the FFMP, produced by Emergency Services Consulting International and in several Otay Ranch Village fire protection plans produced by Dudek. Using posted speed limits for a given route, these methods typically produce the distance of travel that a response unit can reach within five minutes from a proposed fire station location. This method does not accurately take into account traffic calmin g measures, traffic congestion, time of day, or actual allowable road speed regardless of the posted limit. By using actual performance based on historical responses, we are better able to forecast the distance emergency response vehicles can physically travel within five minutes. This is possible because actual road conditions and situations have been in place in the proposed areas of development and real information is at hand and can be used. Using this information will help to refine travel distance calculations. Page 338 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 4 | P a g e Chula Vista Fire Department Overview The Chula Vista Fire Department (CVFD or Department) is the operating Department of the City of Chula Vista (City) designated to provide fire, rescue, and emergency medical services. The Department’s jurisdiction encompasses the entire municipal limits of the city. Currently, the Department’s ten stations respond to nearly 24,000 CFS annually, while serving a population of 272,000 and covering an area over 52 square miles. Stations are staffed 7 days a week, 24 hours per day with a total daily staffing of 49 emergency response personnel including two battalion chiefs. Over the past five years, CFS have risen on average 6% annually. The Department is an all hazard, full-service emergency response organization, and the mission is no longer single focused on extinguishing fires. As the mission began to evolve in the late 1960’s, the Department has categorized these different core capabilities and services in the following ways to ensure efficiency and effectiveness: • Fire Response • Rescue Response • EMS Response • Hazardous Materials Response • Pandemic Response • Active Shooter & Mass Casualty Response • Wildland Fire Response • Disaster Management Fire Station Network A fire station network is built based on two concepts; distribution and concentration of resources. Distribution is spreading fire stations with the appropriate equipment and staffing throughout the service area to minimize travel times to CFS regardless of the volume. Concentration is adjusting the spread of fire stations with the appropriate equipment and staffing throughout the service area based on call volume and/or high-risk potential incidents requiring additional equipment and staffing to safely mitigate the incident. Reliability, availability, and operational efficiency is the outcome of distribution and concentration of fire stations, equipment, and staffing demonstrated in the form of performance metrics. These performance metrics are outcome based, meaning they have a direct correlation to the amount of fire spread and/or loss, and the severity of irreversible damage to people suffering from a medical emergency. Today, services are provided from ten fire stations located within the City. The Department staffs a fleet of fire apparatus which includes nine fire engines, two aerial trucks, one Urban Search and Rescue US&R company, two SQUAD response units, and two battalion command vehicles. The Department operates with engine companies in nine of the ten fire station locations and a standalone US&R at the tenth location; fire station 3(FS3). Two stations (FS1 and FS7) house truck companies alongside the engine Page 339 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 5 | P a g e companies. FS7 is the hub for two squad units, which operate seven days/week from 0 730-1730 hours to support peak call volume on the eastern portions of the city. Operational Battalion Chiefs also respond out of these two fire stations. Performance Metrics Department performance metrics are focused on outcomes of core capabilities and services provided. To ensure metrics are effective, they must be specific to the service, measurable, agreed upon, realistic, and time based. It may seem appropriate to have a specific metric for each core capability and service; however, the Department has found that by establishing the followin g three metrics, all other services are met when these are attained. Fires For structure fires, the following performance metric shall be met: Initial Attack Force (IAF) - First unit on-scene within seven minutes 90% of the time, with four firefighters known as the IAF capable of establishing command, initiating fire attack and search and rescue. This performance metric maintains distribution and reliability of resources within the firefighting core capability and service. Arriving prior to the seven-minute mark at fires is intended to initiate fire attack and search and rescue prior to flashover. Preventing flashover from occurring increases human survivability within the room of origin as well as in the building of origin and significantly reduces fire loss to room, contents, and overall structure. When the IAF performance metric is met, flashover is avoided, and the forward progress of the fire is stopped; however, it is not extinguished. The best tactic to avoid flashover is to gain access to the structure, enter with hose-lines, and apply water on the fire as quickly as possible. Complicating this tactic is the Occupational Safety and Health Administration (OSHA) mandate called “two in, two out.” This mandate requires that firefighters may not enter to attack the fire without a Rapid Intervention Crew (RIC) made of two firefighters ready to deploy in the event that the rescue of a fallen firefighter is necessary. The exception to the OSHA mandate is a known threat to human life which requires immediate rescue by firefighters. Staffing engine companies with less than four firefighters means the first arriving unit does not have enough firefighters to meet the “two in, two out” mandate. Therefore, fire attack must be delayed until a secondary fire engine arrives on-scene. This is contrary to preventing flashover from occurring. The method of staffing engine companies with four firefighte rs provides the necessary “two in, two out”, staffing levels required by OSHA and eliminates delays in attacking the fire in order to prevent flashover and stop forward progress of the fire. Effective Response Force (ERF) – The arrival of 14 firefighters on-scene within ten minutes 90% of the time, capable of assuming command and control, establishing a water supply, supporting and backing up fire attack, completing search & rescue, performing ventilation of heat and smoke, and providing a Rapid Intervention Crew and a Safety Officer. Page 340 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 6 | P a g e As previously stated, stopping flashover does not mitigate the fire problem, and to safely do so, additional firefighters are required. Fighting a fire requires the right concentration and reliability of resources to meet this metric. Critical tasks must be completed simultaneous to fire attack in order to increase survivability and reduce fire loss. Coordinating resources, extinguishing the fire, searching for victims, and performing ventilation are required by the ERF. ERF drives the necessity of having the correct number of firefighters on-scene in a timely manner. By meeting this metric, the fire can be extinguished minimizing property damage and potential injury or death of occupants, and firefighters can then move to secondary property conservation tasks such as salvage and overhaul. Emergency Medical Services (EMS) For emergency medical calls, the following performance metric shall be met: Emergency Medical Services (EMS) - First unit on-scene within seven minutes 90% of the time, capable of establishing command, providing basic life support patient care, and initiating advanced life support patient care. This performance metric maintains distribution and reliability of resources within the EMS response core capability and service. Arriving prior to the seven-minute mark is intended to provide basic life support patient care to stabilize the sick and injured. Once the patient is stabilized, advanced life support skills can be initiated prior to the arrival of the transporting ambulance. With the arrival of the first unit on- scene within seven minutes, survivability increases significantly. Current Fire Department Performance Metric Compliance Current Department operational performance does not meet established performance metrics. Many factors contribute to this including: firefighter per capita, fire station locations, population growth, aging population, increase in call volume, development, and traffic calming measures. Below shows the performance of the Department’s current fire station network: Fires (IAF): • First unit on-scene within 7 minutes 90% of the time with four firefighters capable of establishing command, initiating fire attack and search & rescue. Actual performance for 2019 is 76.5% Fires (ERF): • Effective firefighting force with 14 firefighters on-scene within 10 minutes 90% of the time capable of assuming command and control, establishing a water supply, supporting and backing up fire attack, completing search & rescue, ventilation of heat and smoke, providing a rapid intervention crew, and safety officer. Actual performance for 2019 is 84.5% EMS: • First unit on-scene within 7 minutes 90% of the time capable of establishing command, providing basic life support patient care, and initiating advanced life support patient care. Actual performance in 2019 for EMS calls only is 81.3% Page 341 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 7 | P a g e While Department performance metrics are formulated on a citywide basis, a closer look at individual response areas in the eastern portion of the City reveals inconsistencies with service levels as compared to the west. The Department is implementing measures to improve performance in the east with the goal of matching performance in the west. The opening of FS10, implementation of SQUADs, and implementation of 4.0 staffing are some examples. The fire station network in the region of Village 8 West, shows an average compliance well below all three performance metrics identified above. These gaps are demonstrated in the performance of FS4, FS6, FS7, and FS8 in the table below (Table 1): FS10 located in Millenia is not part of this analysis since it was placed into service in May 2020 and limited data is available to analyze. At the time this analysis was completed, FS10 had only been in service for two full months. FS10 averaged 2 CFS per day which did have a positive impact on FS7 and FS8 performance metrics; however, not enough to bring metrics into compliance. Using this as an indication, the impact of FS10 is not enough to compensate for the additional service demand forecasted from Village 8 West. In addition to FS10 improving FS7 and FS8 performance gaps, FS10 is geographically not the primary FS to support CFS in Village 8 West. Using the intersection of La Media and Santa Luna as the gateway to Village 8 West from existing fire stations and response companies, Figures 1, 2, and 3 below show travel distances from FS7 and FS10 to this intersection. Maps were produced using City of Chula Vista’s GIS CVmapper. Based on figures 1, 2, and 3, FS7 provides the nearest response companies at 1.01 miles. This puts FS10 being the second closest at 1.98 miles currently and then 1.44 miles when Bob Pletcher Way becomes accessible. It should be noted that routing from FS10 to Village 8 West via Bob Pletcher Way utilizes 2019 Response Time at 90% Compliance % Response Time at 90% Compliance % Response Time at 90% Compliance % Response Time at 90% Compliance %Standard Avg Compliance ALS 1st Unit 0:07:26 86%0:07:39 83%0:08:13 77%0:07:56 78%7 min @ 90%81% IAF 0:08:30 56%0:09:05 50%0:10:00 62%0:10:40 73%7 min @ 90%60% ERF 0:10:49 80%0:21:51 0%0:13:24 83%0:13:34 33%10 min @ 90%49% Table 1 FS Performance Near Village 8 West Station 4 Station 6 Station 7 Station 8 Page 342 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 8 | P a g e residential streets, requires three additional turns, and includes more controlled/uncontrolled intersections when compared to routing in Figure 2. Based on this and even though Figure 3 is the shortest travel distance, Figure 2 may prove to be the quickest route. A thorough analysis is provided later in this report in the Surrounding Area Fire Station Capacity section detailing response from FS7 response companies. Page 343 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 9 | P a g e Village 8 West Development Village 8 West Overview Village 8 West is located at the southerly edge of the Otay Valley Parcel of Otay Ranch. The town center of Village 8 West is located at the intersection of Main Street (formerly Rock Mountain Road) and La Media Road. Village 8 West is surrounded by Village 4 to the west, Village 2 and 7 to the north, Village 8 East to the east, and Multiple Species Conservation Program (MSCP) open space to the south. Village 8 West currently consists of vacant, undeveloped land. Population Forecast According to the Sectional Planning Area (SPA) Plan for Otay Ranch Village 8 West, 2,334 residential units are anticipated (Table 2.1 Site Utilization Summary). Referencing the 2019 Residential Growth Forecast shows the City of Chula Vista has a persons per residential unit factor of 3.30. This factor multiplied by the number of residential units will generate a population growth of 7,702 at build out. No adjustments were made to the persons per unit factor, as Chula Vista has only seen a 0.123 increase in this factor since 2010. Service Demand Forecast Fire service demand can be influenced by high risk occupancies or known hazards in an area, (e.g., wildland urban interface), and population. For this analysis, population will be the sole factor in determining the anticipated CFS and therefore impacting the Department’s ability to respond within prescribed performance metrics. In order to determine service demand, the City’s population growth, the Department’s CFS growth, and Department calls per capita trends need to be analyzed. Once this is done, per capita trends can then be multiplied against the anticipated population of Village 8 West , which will translate to service demand. This service demand is then compared against the performance of the existing fire station network to demonstrate the impacts of adding population and therefore, CFS. Population Chula Vista’s population has experienced steady growth for many years. Data demonstrating this increase is derived from the City of Chula Vista Residential Growth Forecast that is produced annually and uses the California Department of Finance population data; the 2019 forecast was used for this analysis. Page 344 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 10 | P a g e In reviewing data from 2015 thru 2019 (Table 2), the City’s population has grown over 10,000 with an average increase of 0.9% over this period. Using this average increase of 0.9% for future projections brings the City’s population to 286,401 by 2024 (Table 3). Calls for Service The Department’s CFS have had a steady growth for many years. Data demonstrating this increase is derived from the City of Chula Vista Fire Department’s Annual Response Reports from 2015 thru 2019. In reviewing data from 2015 thru 2019 (Table 4), the Department’s CFS have grown by nearly 5,000 with an average annual increase of 5.7% over this period. Using this average increase of 5.7% in future projections brings the Department’s CFS to 31,640 by 2024 (Table 5). Calls per Capita Combining the City’s population and the Department’s call for service forecasts establishes a trend of the number of calls generated within a 12-month period per 1,000 residents. This is referred to as calls per capita and is used to determine service demand due to development and population growth. Using these forecasts allows for future calls per capita to be Page 345 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 11 | P a g e established (Table 6) and provides an understanding of the impacts when dwelling units are not located within existing fire station service areas. Village 8 West Service Demand Based on the planned 2,334 dwelling units in Village 8 West multiplied by Chula Vista’s occupancy factor of 3.3 persons per dwelling unit , a population growth of 7,702 residents can be anticipated at buildout. When multiplied by the number of calls per capita, this development is expected to produce 618 CFS annually. Without an additional fire station and response unit(s) located in this area, the corresponding increased service demand would be distributed directly to FS7 located at 1640 Santa Venetia, just north of the Village 8 West development. Surrounding Area Fire Station Capacity In 2019, FS7 responded to 2,614 CFS with two response units, Engine 57 and Truck 57. Historical FS7 call volume from 2015 through 2019 (Table 7) indicates an increase of over 700 CFS with an average increase of 8% per year. Just over half of this increase is attributed to the addition of new dwelling units in Otay Ranch Village 2. The Chula Vista Development Services Department Accela Report on Village 2 Dwelling Unit Permits Issued by Year shows that 1,664 dwelling unit permits were issued between 2015 and 2019. This multiplied by Chula Vista’s occupancy factor of 3.3 persons per dwelling unit, is estimated to have produced a population growth of 5,491 residents. When multiplied by the number of calls per capita, this development produced an estimated 434 additional CFS. These additional CFS make up 3.9% of the annual increases from 2015 to 2019. The remaining 4.1% increase in CFS growth can be attributed to rising community service demand. Based on this information, the FS7 CFS will reach 3,196 by 2024, adding approximately 582 CFS each year. In addition to the normal increase in CFS, by 2024, Village 2 will grow by an additional 2,871 dwelling units. Using the same methodology from above, the new Village 2 dwelling units would add 9,474 residents to the population. This added population is expected to generate an additional 961 CFS annually. When added to the forecasted CFS in 2024, FS7’s annual CFS volume is expected to increase to 4,157. Page 346 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 12 | P a g e In analyzing the current capacity of FS7, performance of Engine 57 and Truck 57 are below standard compliance for all three performance metrics (Table 8). Adding additional service demand to FS7 will result in diminishing performance and negatively impact public safety to existing and future residents. 2019 Response Time at 90% Compliance %Standard ALS 1st Unit 0:08:13 77%7 min @ 90% IAF 0:10:00 62%7 min @ 90% ERF 0:13:24 83%10 min @ 90% Fire Station 7 Table 8 Page 347 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 13 | P a g e Findings Village 8 West is the next major development in the City; the development is outside of the current sphere of coverage of the Department. Current Department metrics are below standard compliance indicating a lack of service capacity to absorb impacts of this development . Village 8 West would increase service area, population, and CFS demands, negatively impact current Department compliance. As described above, FS7 does not have the capacity to serve Village 8 West. In the map to the right (Figure 1), a circle is shown which indicates a 6,500-foot radius buffer. Using historical travel data previously mentioned in this analysis, the circumference indicates the maximum travel distance a response unit can travel within five minutes. This captures the northern 20% of the Village 8 West development, which is shown in purple. Based on this, the Department can support limited development and population growth of up to 600 dwelling units in Village 8 West . At 600 dwelling units the population growth is estimated to be 1,980, which will generate approximately one CFS per day. Conclusions The Department concurs with the FFMP assertion that a fire station is necessary in Village 8 West. There is currently no known document that provides a needs analysis related to the timing and location of the fire station within Village 8 West. It is the intent of this document to provide a thorough justification for the starting point at which the fire station should begin the two-year process for planning and build time. The Department concludes that the starting point for planning and build time of a fire station in Village 8 West shall coincide with the issuance of the 600th single family and/or multi-family building permit. To be specific, two years from the date of the 600 th permit issued an operational fire station shall be ready for service. It is as this point that response data described in this analysis demonstrates an increased erosion in the compliance standards at FS7 and FS10. Regarding the location of a Fire Station within Village 8 West, the Department recommends a location at or near Main Street and La Media Parkway. This will provide ideal access to main thoroughfares and access to Village 8 West, additional planned development, and the existing City. Summary of Findings Below are the critical elements of the Village 8 West Fire, Rescue, & EMS Needs Analysis: Page 348 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 14 | P a g e 1. Village 8 West is anticipated to add 7,702 in population that will increase Department annual CFS by 618 at buildout. 2. Current Department Metric Performance for FS7 are below each of the three Department standards: a. ALS 1st Unit: 77% b. IAF: 62% c. ERF: 83% 3. Village 2 is still developing and is anticipated to add 9,474 in population , increasing Department annual CFS by 961 at buildout. This development is directly serviced by FS7. 4. FS7 annual CFS are forecasted to increase by over 1,543 CFS from 2019 to 2024 and reach a total of 4,157 CFS, not including impacts from Village 8 West. 5. Village 8 West is geographically 80% outside of the closest fire station (FS7) five -minute travel time threshold based on actual incident responses. 6. Two years from the date of the 600th permit issued an operational fire station shall be ready for service; located at/near Main Street and La Media Road. Page 349 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 15 | P a g e References 1. Fire Facility and Equipment Master Plan, 2012 2. Chula Vista Fire Department Annual Stats, 2015 3. Chula Vista Fire Department Annual Stats, 2016 4. Chula Vista Fire Department Annual Stats, 2017 5. Chula Vista Fire Department Annual Stats, 2018 6. Chula Vista Fire Department Annual Stats, 2019 7. Chula Vista Residential Growth Forecast, 2015 8. Chula Vista Residential Growth Forecast, 2016 9. Chula Vista Residential Growth Forecast, 2017 10. Chula Vista Residential Growth Forecast, 2018 11. Chula Vista Residential Growth Forecast, 2019 12. Otay Ranch Village 8 West SPA, 2020 13. Chula Vista Development Services Department Accela Report on Village 2 Dwelling Unit Permits Issued by Year Page 350 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Fire Station 11 Chula Vista, CA City of Chula Vista ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 17 April 2024 Page 351 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 • • • • • • • • • • • • COST ESTIMATE INTRODUCTORY NOTES This estimate is based on verbal direction from the client and the following items, received 01 August 2023: General Fire Station Grading Study Quit Claim Area Map Cut and Fill Map A1.0 thru A8.1.1 (69 sheets) Construction start date of July 2024 The following items are excluded from this estimate: Installation of owner furnished equipment. Overtime. Hazardous material abatement/removal. Items referenced as NOT INCLUDED or NIC in estimate. The midpoint of construction of October 2024 is based on: We strongly advise the client to review this estimate in detail. If any interpretations in this estimate appear to differ from those intended by the design documents, they should be addressed immediately. Estimated construction duration of 06 months This estimate is based on a Design-Build delivery method. This estimate is based on prevailing wage labor rates. This estimate is based on a detailed measurement of quantities. We have made allowances for items that were not clearly defined in the drawings. The client should verify these allowances. This estimate is based on a minimum of four competitive bids and a stable bidding market. This estimate should be updated if more definitive information becomes available, or if there is any change in scope. Page 352 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 ELEMENT TOTAL COST 01. GENERAL REQUIREMENTS $332,718 02. SITE $4,386,086 03. TRAFFIC SIGNAL WORK $145,502 04. ROADS $1,411,970 TOTAL GMP COST $6,276,276 OWNER COST TOTAL COST Pacific Mobile Structures Modular Buildings $874,169 Owner Soft Cost (CM, Testing & Inspection, Owner Contingency)$536,283 TOTAL SOFT COST $1,410,452 TOTAL PROJECT COST $7,686,729 PROJECT SUMMARY Prepared by: OCMI Sheet 1 of 15 Page 353 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 ELEMENT TOTAL COST 01. GENERAL REQUIREMENTS $235,528 02. SITE $3,104,874 03. TRAFFIC SIGNAL WORK $103,000 04. ROADS $999,522 SUBTOTAL $4,442,924 DESIGN CONTINGENCY 5.00%$222,146 ESCALATION TO MIDPOINT 06/2025 3.00%$139,952 TOTAL NET DIRECT COST $4,805,022 GENERAL MARKUPS DESIGN SERVICES 10.00%$480,502 CONTRACTOR PROFESSIONAL SERVICES DURING DESIGN PHASE 1.50%$79,283 SITE MANAGEMENT DURING CONSTRUCTION 3.00%$160,944 CONSTRUCTION PHASE CONTINGENCY 5.00%$276,288 INSURANCE 1.50%$87,031 BONDS: CONTRACTOR 1.50%$88,336 CONTRACTOR FEE OH&P 5.00%$298,870 TOTAL GMP COST $6,276,276 DETAILED GMP COST SUMMARY Prepared by: OCMI Sheet 2 of 15 Page 354 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 GENERAL REQUIREMENTS Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 ELEMENT TOTAL COST 01 GENERAL REQUIREMENTS $235,528 SUBTOTAL $235,528 DESIGN CONTINGENCY 5.00%$11,776 ESCALATION TO MIDPOINT 06/2025 3.00%$7,419 NET DIRECT SITE COST $254,724 DESIGN SERVICES 10.00%$25,472 SUBTOTAL $280,196 CONTRACTOR PROFESSIONAL SERVICES DURING DESIGN PHASE 1.50%$4,203 SUBTOTAL $284,399 SITE MANAGEMENT DURING CONSTRUCTION 3.00%$8,532 SUBTOTAL $292,931 CONSTRUCTION PHASE CONTINGENCY 5.00%$14,647 SUBTOTAL $307,577 INSURANCE 1.50%$4,614 SUBTOTAL $312,191 BONDS: CONTRACTOR 1.50%$4,683 SUBTOTAL $316,874 CONTRACTOR FEE OH&P 5.00%$15,844 TOTAL SITE COST $332,718 SITE SUMMARY Prepared by: OCMI Sheet 3 of 15 Page 355 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 GENERAL REQUIREMENTS Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST 01 GENERAL REQUIREMENTS Permits fees only Building permit 1 LS 10,000.00 $10,000 Grading permit 1 LS 500.00 $500 Excavation/Construction Permit, Street Use Permit and 1 LS 1,000.00 $1,000 Haul Route (Comm) Water capacity fee 1 LS 25,000.00 $25,000 Water meter fee 1 LS 1,500.00 $1,500 Sanitary sewer fee 1 LS 1,500.00 $1,500 Storm drain fee 1 LS 1,000.00 $1,000 Gas service fee 1 LS 500.00 $500 Electrical permit 1 LS 1,200.00 $1,200 Curb and gutter permit 1 LS 500.00 $500 Sign 1 LS 500.00 $500 Traffic Aid for Construction 1 LS 1,500.00 $1,500 Plan Check and Inspection 1 LS 582.00 $582 Construction Storm Water permit 1 LS 1,500.00 $1,500 SWPPP Permit 1 LS 4,600.00 $4,600 SWPPP plan 1 LS 15,000.00 $15,000 Professional hours for permitting 60 HRS 150.00 $9,000 Labor compliance tracker 6 MO 500.00 $3,000 Field Engineering Surveyor 1 LS 25,000.00 $25,000 Construction staking 1 LS 10,000.00 $10,000 Job site cleaning 1 LS 10,000.00 $10,000 Construction Aids, Equipment and Tools Traffic Aid for Construction Traffic Control 6 MO 1,250.00 $7,500 Traffic Control Plan 1 LS 1,260.00 $1,260 Utilities Electrical Service (Temp. Service Connection)1 LS 8,000.00 $8,000 Electrical Service (Temp. Service)6 MO 250.00 $1,500 Water Service (Temp. Service)6 MO 200.00 $1,200 Temp Meter Fee 1 LS 1,500.00 $1,500 Cords & Boxes 1 LS 2,000.00 $2,000 Communications (Cell & Jet Pac)6 MO 100.00 $600 Temporary Toilet 6 MO 900.00 $5,400 Safety Materials 1 LS 150.00 $150 Drinking Water 6 MO 75.00 $450 First Aid Supplies 1 LS 250.00 $250 Office Supplies 6 MO 100.00 $600 Security system 1 LS 2,000.00 $2,000 Company Vehicle Expense 6 MO 400.00 $2,400 Vehicle Fuel 6 MO 1,500.00 $9,000 Dumpster 6 EA 800.00 $4,800 Prepared by: OCMI Sheet 4 of 15 Page 356 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 GENERAL REQUIREMENTS Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST Storm water protection SWPPP Materials 1 LS 13,000.00 $13,000 SWPPP Inspections 13 EA 1,200.00 $15,600 Erosion control Inlet protection 6 EA 450.00 $2,700 Silt fence, polypropylene 1,047 LF 1.99 $2,084 Stabilized construction entrance 736 SF 7.00 $5,152 Quality Control, Inspections and Testing Testing and inspections, allowance 1 LS 25,000.00 $25,000 TOTAL - 01 GENERAL REQUIREMENTS $235,528 Prepared by: OCMI Sheet 5 of 15 Page 357 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 SITE Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 ELEMENT TOTAL COST 08 OPENINGS $120,000 10 SPECIALTIES $10,000 11 EQUIPMENT $7,276 12 FURNISHINGS $200,000 13 SPECIAL CONSTRUCTION $687,596 21 FIRE SUPPRESSION 22 PLUMBING $21,257 23 HEATING, VENTILATING, AND AIR CONDITIONING 26 ELECTRICAL 27 COMMUNICATIONS $63,600 28 ELECTRONIC SAFETY AND SECURITY $137,662 31 EARTHWORK 32 EXTERIOR IMPROVEMENTS $1,550,652 33 UTILITIES $306,831 SUBTOTAL $3,104,874 DESIGN CONTINGENCY 5.00%$155,244 ESCALATION TO MIDPOINT 06/2025 3.00%$97,804 NET DIRECT SITE COST $3,357,921 DESIGN SERVICES 10.00%$335,792 SUBTOTAL $3,693,713 CONTRACTOR PROFESSIONAL SERVICES DURING DESIGN PHASE 1.50%$55,406 SUBTOTAL $3,749,119 SITE MANAGEMENT DURING CONSTRUCTION 3.00%$112,474 SUBTOTAL $3,861,593 CONSTRUCTION PHASE CONTINGENCY 5.00%$193,080 SUBTOTAL $4,054,672 INSURANCE 1.50%$60,820 SUBTOTAL $4,115,492 BONDS: CONTRACTOR 1.50%$61,732 SUBTOTAL $4,177,225 CONTRACTOR FEE OH&P 5.00%$208,861 TOTAL SITE COST $4,386,086 SITE SUMMARY Prepared by: OCMI Sheet 6 of 15 Page 358 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 SITE Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST 08 OPENINGS Exterior doors Overhead rapid coiling door 3 EA 40,000.00 $120,000 TOTAL - 08 OPENINGS $120,000 10 SPECIALTIES Information signage Building signage, Allowance 1 LS 10,000.00 $10,000 TOTAL - 10 SPECIALTIES $10,000 11 EQUIPMENT Air compressor, 80 gal, electric, standard controls, 5 HP 1 EA 7,275.81 $7,276 TOTAL - 11 EQUIPMENT $7,276 12 FURNISHINGS FF&E, Allowance 1 LS 200,000.00 $200,000 TOTAL - 12 FURNISHINGS $200,000 13 SPECIAL CONSTRUCTION Pacific Mobile Structures, by owner Modular Buildings NIC Sprung Structures, by owner Purchase 1 LS 420,870.00 $420,870 Technical Consultant 1 LS 9,776.00 $9,776 Delivery 1 LS 6,950.00 $6,950 Rigging and installation, Allowance 1 LS 200,000.00 $200,000 Coordination with city vendors for building installation 1 LS 50,000.00 $50,000 TOTAL - 13 SPECIAL CONSTRUCTION $687,596 21 FIRE SUPPRESSION By building manufacture NIC TOTAL - 21 FIRE SUPPRESSION Prepared by: OCMI Sheet 7 of 15 Page 359 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 SITE Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST 22 PLUMBING Compress air system Retractable Hose Reel (50 ft), Allowance 8 EA 1,000.00 $8,000 Retractable Hose Reel (75 ft), Allowance 3 EA 1,500.00 $4,500 Pipe with fittings and supports 1/2"300 LF 22.92 $6,876 3/4"75 LF 25.08 $1,881 TOTAL - 22 PLUMBING $21,257 23 HEATING, VENTILATING, AND AIR CONDITIONING By building manufacture NIC TOTAL - 23 HEATING, VENTILATING, AND AIR CONDITIONING 26 ELECTRICAL By building manufacture NIC LED lighting TOTAL - 26 ELECTRICAL 27 COMMUNICATIONS Station alerting system 6,360 SF 10.00 $63,600 TOTAL - 27 COMMUNICATIONS $63,600 28 ELECTRONIC SAFETY AND SECURITY Fire alarm system, addressable type 6,360 SF 15.00 $95,400 Security system Access control Equipment, furnished and installed by owner Devices Door contact 5 EA 350.00 $1,750 Video intercom door bell 5 EA 1,096.42 $5,482 Auto door release button 1 EA 350.00 $350 KP- Access control panel 1 EA 1,680.00 $1,680 Conduit and wire 720 LF 18.71 $13,474 CCTV system Equipment, furnished and installed by owner NIC Camera, industrial quality 4 EA 3,010.00 $12,040 Conduit and wire 400 LF 18.71 $7,486 Prepared by: OCMI Sheet 8 of 15 Page 360 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 SITE Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST TOTAL - 28 ELECTRONIC SAFETY AND SECURITY $137,662 32 EXTERIOR IMPROVEMENTS Hardscape Paving and curbs, Allowance 73,000 SF 15.00 $1,095,000 Control Joint, Allowance 1 LS 50,000.00 $50,000 Paving specialties Striped parking stall 10 EA 32.64 $326 Pole mounted sign 2 EA 473.53 $947 ADA symbol, painted 2 EA 174.73 $349 Cross hatching 150 SF 2.09 $314 Parking bumper 2 EA 119.44 $239 Truncated dome, plastic 60 SF 40.12 $2,407 Bollard 20 EA 1,716.25 $34,325 Site development Tube steel picket fencing, 8'1,100 LF 160.76 $176,831 Sliding gate 1 EA 23,235.06 $23,235 Motor operation 2 EA 4,840.08 $9,680 Card reader 2 EA 3,505.75 $7,011 Generator enclosure 1 LS 25,000.00 $25,000 Trash enclosure, assume not required at this phase NIC Hose rack Hose drying rack 1 EA 2,369.76 $2,370 Slab on grade, 6" at hose rack 350 SF 20.58 $7,203 Spread footing, assembly 1 CY 1,011.88 $1,012 Structural steel 1 TON 9,185.05 $9,185 Galvanized premium, Allowance 1 TON 1,604.33 $1,604 Grating 350 SF 55.14 $19,298 Gravel bed, 4" pea gravel 5 CY 141.72 $709 Miscellaneous Site sign 1 EA 5,000.00 $5,000 BBQ 1 EA 3,500.00 $3,500 Shade structure, 15x15 1 EA 22,500.00 $22,500 Stormwater collection softscape Irrigation, plant area 2,500 SF 6.65 $16,628 Ground cover, 1 gal and mulch 2,500 SF 2.00 $5,000 Soil media 181 CY 84.02 $15,170 Filter sand 60 CY 90.37 $5,439 Liner 2,500 SF 0.56 $1,400 Prepared by: OCMI Sheet 9 of 15 Page 361 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 SITE Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST Miscellaneous Flag pole including foundation (35' 0", aluminum)1 EA 8,969.83 $8,970 TOTAL - 32 EXTERIOR IMPROVEMENTS $1,550,652 33 UTILITIES Site Electrical Primary power Conductor assembly, by utility company NIC Utility Transformer, provided by Utility Company NIC Grounding 1 LS 15,460.00 15,460 Secondary power Duct bank, (2) 4", PVC 225 LF 76.24 17,154 Conductor 225 LF 50.00 11,250 Emergency power Emergency generator, diesel, 200 KW 1 EA 105,942.05 $105,942 Automatic transfer switches, 1000 amp, 120/208v 1 EA 15,088.08 $15,088 Inverter 85 KW 1 LS 36,000.00 $36,000 Power distribution Pull box 2 EA 2,492.07 $4,984 Duct bank Conduits, PVC 225 LF 75.00 $16,875 Technology, Allowance Pull box 1 EA 2,492.07 $2,492 Duct bank Conduits, PVC (1) 2" c.o.225 LF 37.52 $8,442 Cables Telephone/data system 225 LF 6.50 $1,463 Fiber optics system 225 LF 1.80 $405 Fire alarm system 225 LF 1.25 $281 Public address system 225 LF 2.00 $450 Security system 225 LF 1.25 $281 Control system 225 LF 1.25 $281 Lighting Pull box 1 EA 2,295.68 $2,296 Lighting fixtures Type S1 -Pole light at parking, 1 head 4 EA 5,570.00 $22,280 Type S2 - Pole light at pedestrian walkway 1head 8 EA 3,422.00 $27,376 Type S7- Surface mounted downlight 6 EA 1,000.00 $6,000 Junction box 6 EA 59.74 $358 Prepared by: OCMI Sheet 10 of 15 Page 362 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 SITE Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST Conduit and wire 900 LF 12.97 $11,673 Fuel system, assume not required NIC Photovoltaic system, including structure and lighting, not required NIC TOTAL - 33 UTILITIES $306,831 Prepared by: OCMI Sheet 11 of 15 Page 363 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 TRAFFIC SIGNAL WORK Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 ELEMENT TOTAL COST 33 UTILITIES $103,000 SUBTOTAL $103,000 DESIGN CONTINGENCY 5.00%$5,150 ESCALATION TO MIDPOINT 06/2025 3.00%$3,245 NET DIRECT SITE COST $111,395 DESIGN SERVICES 10.00%$11,139 SUBTOTAL $122,534 CONTRACTOR PROFESSIONAL SERVICES DURING DESIGN PHASE 1.50%$1,838 SUBTOTAL $124,372 SITE MANAGEMENT DURING CONSTRUCTION 3.00%$3,731 SUBTOTAL $128,103 CONSTRUCTION PHASE CONTINGENCY 5.00%$6,405 SUBTOTAL $134,508 INSURANCE 1.50%$2,018 SUBTOTAL $136,526 BONDS: CONTRACTOR 1.50%$2,048 SUBTOTAL $138,574 CONTRACTOR FEE OH&P 5.00%$6,929 TOTAL SITE COST $145,502 SITE SUMMARY Prepared by: OCMI Sheet 12 of 15 Page 364 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 TRAFFIC SIGNAL WORK Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST 33 UTILITIES Site Electrical Vehicle detection loops 3 EA 1,000.00 $3,000 Traffic signal work, Allowance 1 LS 100,000.00 $100,000 TOTAL - 33 UTILITIES $103,000 Prepared by: OCMI Sheet 13 of 15 Page 365 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 ROADS Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 ELEMENT TOTAL COST 31 EARTHWORK $562,919 32 EXTERIOR IMPROVEMENTS $11,603 33 UTILITIES $425,000 SUBTOTAL $999,522 DESIGN CONTINGENCY 5.00%$49,976 ESCALATION TO MIDPOINT 06/2025 3.00%$31,485 NET DIRECT SITE COST $1,080,983 DESIGN SERVICES 10.00%$108,098 SUBTOTAL $1,189,081 CONTRACTOR PROFESSIONAL SERVICES DURING DESIGN PHASE 1.50%$17,836 SUBTOTAL $1,206,918 SITE MANAGEMENT DURING CONSTRUCTION 3.00%$36,208 SUBTOTAL $1,243,125 CONSTRUCTION PHASE CONTINGENCY 5.00%$62,156 SUBTOTAL $1,305,281 INSURANCE 1.50%$19,579 SUBTOTAL $1,324,861 BONDS: CONTRACTOR 1.50%$19,873 SUBTOTAL $1,344,733 CONTRACTOR FEE OH&P 5.00%$67,237 TOTAL SITE COST $1,411,970 SITE SUMMARY Prepared by: OCMI Sheet 14 of 15 Page 366 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Station 11 ROADS Chula Vista, CA ROUGH ORDER OF MAGNITUDE OCMI JOB #: 000000.000 | 17 April 2024 DESCRIPTION QUANTITY UNIT UNIT RATE ESTIMATED COST 31 EARTHWORK Grading Rough, machine 73,000 SF 0.30 $22,095 Fine, machine 73,000 SF 0.56 $40,824 Excavation and fill, Allowance 1 LS 500,000.00 $500,000 TOTAL - 31 EARTHWORK $562,919 32 EXTERIOR IMPROVEMENTS Softscape, La Media Frontage Improvements Irrigation, plant area 525 SF 4.23 $2,221 Planting area, including shrubs and mulch 525 SF 15.36 $8,063 Miscellaneous Soil amending 525 SF 0.83 $434 Top soil 7 CY 84.02 $588 Maintenance of landscape 90 days 525 SF 0.57 $297 TOTAL - 32 EXTERIOR IMPROVEMENTS $11,603 33 UTILITIES Storm water service 1 LS 250,000.00 $250,000 Fire water service 1 LS 50,000.00 $50,000 Domestic water service 1 LS 20,000.00 $20,000 Sanitary waste service 1 LS 35,000.00 $35,000 Natural gas service 1 LS 25,000.00 $25,000 Irrigation service connection 1 LS 45,000.00 $45,000 TOTAL - 33 UTILITIES $425,000 Prepared by: OCMI Sheet 15 of 15 Page 367 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda // City of ChulaVista STATEMENT OF QUALIFICATIONS Design & Construction of Temporary Fire Station No. 11 Submitted By: Erickson-Hall Construction Co. 500 Corporate Drive Escondido, CA 92029 Contact: Nathan Complin e. ncomplin@ericksonhall.com o. 760.796.7700 | c. 760.801.4284Page 368 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Re: Design and Construction of Temporary Fire Station No. 11 for the City of Chula Vista Selection Personnel, Erickson-Hall Construction Co, in association with PBK Architects, is pleased to submit out Design-Build Team qualifications for the Design and Construction of the City of Chula Vista’s Temporary Fire Station No. 11. We understand that the City’s primary objective in utilizing the Progressive Design-Build approach is to bring the best available design and construction expertise together to collaborate in a team environment with the City of Chula Vista and Chula Vista Fire Department for the successful delivery of Temporary Fire Station No. 11. In addition to Erickson-Hall’s corporate resume of 45 California Essential Service projects, our design partner’s resume includes the design of more than 100 Fire Stations. Erickson- Hall and PBK have worked together to successfully complete 14 Essential Service Facilities to date, eight of which were delivered via the design-build delivery process. Our most recent projects include the Rancho Santa Fe Fire Protection District Harmony Grove Fire Station No. 5, Anaheim Fire Station No. 5, and the notable California Highway Patrol Replacement Facility in San Diego. We will apply our past experience with Progressive-Design Build to deliver the future Temporary Fire Station No. 11 to the Chula Vista community. Significant to our success is our focus on providing responsive service to essential service clients throughout all phases of design and construction. Our local design-build team members continually demonstrate an ongoing commitment to use open-minded, creative thinking and innovative problem solving to foster a team environment, manage design activities, resolve issues and achieve project goals and objectives. Thank you for considering the Erickson-Hall and PBK Design-Build Team. We are excited about this opportunity and look forward to your positive response to our submission. Our team is assembled and ready to go to work! Sincerely, Erickson-Hall Construction Co. Mat Gates President SOQ Contact: Nathan Complin | e. ncomplin@ericksonhall.com | o. 760.796.7700 | c. 760.801.4284 Cover Letter Page 369 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Contractor Qualifications Page 09 License Details Erickson-Hall Construction Co. License No. 751343 This license has never been suspended or revoked Classifications: A - General Engineering B - General Building Certifications: HAZ - Hazardous Substances Removal Erickson-Hall is licensed in California to perform the scope of work required of the project. We have a bonding capacity of $500 Million aggregate and $150 Million per project. Founded in 1998, we are financially stable and hold the required insurance coverage to perform the services expected for successful delivery of Temporary Fire Station #11 for the City of Chula Vista. Firm History Co-founded by David Erickson and Michael Hall in 1998, Erickson- Hall is an employee owned company. A local firm with roots in Escondido, Erickson-Hall offers the depth and experience of a large, national organization while providing the personal attention clients expect from a local construction company. More than two decades of achievement comes from longstanding relationships with clients, design professionals and trade partners. Our market focus includes modernizations, additions, and new construction of public facilities throughout Southern California. We utilize a full menu of preconstruction and construction phase services and delivery processes, including Lease-Leaseback, CM- at-Risk, Design-Build, Design-Build, Progressive Design Build, Design-Bid-Build and CM Multi-Prime. Firm Information ERICKSON-HALL CONSTRUCTION CO. •A California Corporation •Mat Gates, | President •David Erickson, Founding Principal | CEO •Michael Hall, Founding Principal | COO •David Jeffrey | CFO •25 Years in Operation •208 Employees Office Locations Corporate Headquarters 500 Corporate Drive Escondido, CA 92029 p.760.796.7700 | f. 760.796.7750 Los Angeles | Orange County Office 12600 Westminster, Suite D Santa Ana, CA 92076 p.714.532.1060 Riverside County Office 11810 Pierce Street, Unit 150 Riverside, CA 92503 p.951.358.0738 Imperial Valley Office 216 E. 3rd Street Imperial, CA 92251 p.760.355.1564 Page 370 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Contractor Safety Qualifications Erickson-Hall has operated for 14 years, 8 months and 5 days without a lost time accident. Achieving this record is a monumental accomplishment. To avoid complacency and ensure our teams’ focus remains on safe project execution, we operate a “Back to Basics” approach, concentrating on basic fundamentals of safety. Our safety record was not established on “luck” but by strategic execution of our safety program, starting with executive management. Erickson-Hall has been recognized with regional and national First Place Construction Safety Excellence Awards. We will implement our Injury and Illness Prevention Program that complies with 8 CCR § 1509, and a Safety Program that meets CAL/OSHA requirements. With dedicated safety personnel assigned to Temporary Fire Station No. 11, we can provide continuous training in risk identification and mitigation. As a firm committed to safety on and beyond our jobsites, leadership will also perform periodic safety audits on active sites ensuring project teams remain vigilant in the implementation of our safety program. RISK IDENTIFICATION & ANALYSIS Identifying and correctly analyzing potential risk is critical to ensuring construction is executed safely. Plans and specifications are reviewed for safety hazards associated with work scopes, i.e., fall protection, scaffolding, impacts to public safety, abatement, confined spaces, crane/heavy equipment requirements, etc. For all high-risk projects our safety personnel, along with outside subject matter experts, participate in risk identification/analysis to ensure all challenges to safe execution are addressed properly. Once safe work methods are determined and refined throughout development of the construction execution plan, they are enforced during construction through weekly progress meetings, daily huddles and weekly tailgates. If a project presents unique, complex construction components, we incorporate mock-ups in planning activities and consult with appropriate experts to review, confirm and validate our construction plan can be executed safely. SAFETY MEETINGS, TOUCH-POINTS, AND AUDITS •Preconstruction Safety Meetings - Preconstruction meetings are to review safety protocol with all project stakeholders. Prior to subcontractors mobilizing onsite, we hold pre-coordination meetings to discuss overall work scopes, and throughout the course of construction, we hold additional pre-task meetings to revise/accept subcontractor’s Activity Hazard Analysis (AHA). •Weekly Safety Meetings - Our Superintendent Steve Flemming holds weekly safety meetings to address hazards and reinforce safety requirements. Weekly safety meetings provide an excellent platform to consistently address safe work practices with the workforce. •Safety Audits - Our onsite superintendent, executive leadership, and safety personnel perform scheduled and unscheduled audits. WORKER ENGAGEMENT & PARTICIPATION Every individual must accept ownership of a safe site. During initial preconstruction meetings held with subcontractors, this point is emphasized. Our “daily huddle” provides the forum for project supervisors to reiterate that each person is accountable for safety regardless of job role. At these meetings project supervisors remind all jobsite personnel that they are empowered to stop unsafe work and are expected to alert a supervisor if they have safety concerns. SUBCONTRACTOR MANAGEMENT Subcontractor safety management begins prior to mobilization with review of subcontractors’ jobsite-specific IIPP, as well as the requirement for their participation in pre-coordination meetings, AHA submissions, pre-task meetings, and verification of employee training certifications. Page 14 CHP, Anaheim Fire Station No. 5, Sendero Ranch Fire Station No. 56, Malibu Fire Station No. 71, & Stanton Fire Station No. 46 All design-build and completed by Erickson-Hall with PBK. Page 371 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 General Approach Erickson-Hall + PBK Architects have worked together on 34 projects to date: 17 educational facilities, 3 churches, and 14 essential service facilities. Eight of the 34 projects were delivered using the design-build delivery method, including Progressive Design Build. Progressive Design Build (PDB) opens the door to an energized, collaborative effort between all project stakeholders, and we bring PDB experience. Our Design-Build Team (DBT) will focus on identifying and implementing the most cost-conscious approach as well as the best methods and materials to deliver a superior project, that meets or exceeds the City of Chula Vista’s goals. Our DBT works closely with designated representatives from the City and Fire Department during the design phase, ensuring our understanding of the City’s goals are comprehensive and ultimately transferred to the final design solution. During construction, we will carefully monitor the level of quality and craftsmanship delivered by our subcontractor forces while ensuring the project site remains a good neighbor to the surrounding community. Safety both on the jobsite and beyond the construction fence will remain a top priority. A summary overview of A summary overview of our approachour approach includes: includes: Procurement Assembling the Right People & Products Attracting and on-boarding qualified trade partners requires an effective bidding phase that is aligned with the contract administration process. For trade partner selection, the project will be publicly bid to maximize competitive pricing, achieve trade efficiency, eliminate scope gaps and attract the best partners. Trade partner award will be based upon best value selection. Our bidding phase concludes with an open book not to exceed Guaranteed Maximum Price (GMP). Procurement starts by sourcing appropriate materials at reasonable costs and ensuring availability to meet the Project requirements and deadlines. Considering the volatile market, solving procurement challenges with creative solutions will play a key role in the project’s success. Our experienced DBT is proficient in defining priority items, identifying long-lead items, and uncovering/mitigating challenges. Construction Phase Building the Temporary Fire Station No. 11 Construction work will be performed and delivered in accordance with the approved design documents and contract. Our DBT will implement the following during construction: •Jobsite Safety, noise limits, minimizing disruptions •Document Control/Submittal Review & Coordination of Specialty Equipment •Strict Material Guidelines •Strict Material Testing & Special Inspections Required for Essential Service Facilities •Centralized Purchasing •Cost, Quality, & Schedule Control Building a Collaborative Team Promoting Behavioral Alignment As a progressive process, a thorough kick-off meeting will not only help us see the project through the City’s eyes, but will also be the catalyst to developing our high performance team and custom project strategies. During this alignment session, key members of our DBT will meet with project stakeholders to get the right picture of the City’s objectives and goals for the project. We establish an agreed upon governance model to maintain accountability and clarity around roles, responsibilities and decision making protocols. This process will not only promote an efficient, collaborative environment early, it will also optimize value for the City within the parameters of the budget, schedule, and quality. Design Phase Setting-up the Project for Success Erickson-Hall will manage design activities with PBK principal in charge, Kelley Needham. Progress meetings with designated City and Fire Department representatives will occur throughout the design process. Project goals and objectives will be discussed and verified while opportunities and constraints associated with the Project are addressed. Project priorities will be evaluated against the project budget and early procurement items can be identified upfront to mitigate schedule delays. If necessary, a value engineering/ enhancement session will take place to maximize the project’s budget. As the design progresses, milestone submittals of the construction documents will be reviewed by our full design- build team. Careful coordination of design disciplines along with constructability reviews will occur with the submission and review of these interim submittals. Fire Department input will be solicited and team meetings will be conducted to communicate these items to all project stakeholders. Page 02 Page 372 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Proposed Method to Accomplish the Work Page 06 PLAN TO VERIFY SITE CONDITIONS, TOPOGRAPHY, AND EXISTING CONDITIONS The site conditions at the proposed temporary station will be carefully evaluated. Both a Geotechnical Investigation and a Topographic Survey will be conducted along with an evaluation of the existing utilities and the infrastructure for traffic signal modification. Our verification of the existing conditions is a key component of our cost conscious approach to maximizing the City’s budget. CONSTRUCTABILITY REVIEW Our DBT will perform a thorough review of the design progress plans and specifications. Our management team will conduct detailed field inspections of existing conditions and will solicit input from select trade contractors to mitigate potential conflicts between the plans and specifications. To enhance efficiency, we will utilize Bluebeam Studio as a collaboration platform between the Owner, Architect, Engineers and trade partners during our development of constructability reviews. Bluebeam Studio offers a centralized cloud-based collaboration space, giving individuals the ability to simultaneously markup and review in real time, track changes, and can be integrated with our construction management software, Procore. ESTIMATING During the schematic design phase our DBT will produce a conceptual estimate to validate the City’s program against the budget. Our conceptual estimate utilizes our historical cost database, as well as current market input from our trade partners, which enables our DBT to have confidence in our budget analysis. The conceptual estimate is our guide for making decisions that will impact the project and schedule. As design documents advance, we will prepare cost estimate updates in conjunction with specific design milestones, typically during the Design Development phase, and the Construction Document phase. VALUE ENGINEERING As our estimates take shape and we identify the cost drivers in detail, we will identify and quantify feasible value engineering items recommended for further review. Value engineering is our value-enhancing process that preserves the intent and function of the building and its systems by increasing function, decreasing cost, or doing both, for systems or portions of a project. SCHEDULING With boots on the ground experience, our team can build accurate schedules. Erickson-Hall uses industry leading CMP Scheduling Software to build our project schedules and keep deliverables on track. This leads to a more complete schedule, visualization of the building process, and money saved with strategic procurement and phasing. Considering the volatile market, solving procurement challenges with creative scheduling solutions will play a key role in the project’s success. Our experienced DBT is proficient in defining priority items, identifying long-lead items, and uncovering/mitigating scheduling challenges. •Pull Planning - In order to fully utilize the effectiveness of our construction planning expertise, Erickson-Hall will implement the use of Pull Planning, a collaborative project planning tool that uses detailed planning, look ahead, weekly planning, daily huddles and stakeholder buy-in. During construction holding Pull Planning Sessions with trade partners ensure all contractors are on target to achieve milestone goals. Pull Planning is a commitment- based planning system where all team members continuously concentrate on eliminating waste and maximizing value by focusing on time. Every milestone and construction operation activity, from groundbreaking through closeout, will be reviewed. Time commitments will be made by the trades. Commitments will be continually updated and unforeseen impacts overcome, as the team works toward the common goal of on time, on budget completion for the Project. The Erickson-Hall+PBK Design Build Team brings unparalleled experience in essential service facilities with a focus on design- ing and building Fire Stations. Erickson-Hall’s experience gives our DBT an added advantage in understanding local regulations, permitting, and most importantly, collaborating with the City and Fire Department personnel. Page 373 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Proposed Method to Accomplish the Work PHASING/ GMP DEVELOPMENT We understand the City’s expectation of a Guaranteed Maximum Price proposal for this project. Our extensive experience with projects of this nature have shown that the preferred point in time to produce the GMP is after the first round of plan-check comments are received from the City’s Building Department. Timing the GMP in this manner will give us confidence in our design and fast-track the project to go to bid prior to permit finalization. When our GMPs are presented to the City they will be detailed, clear and complete including pricing and support documentation. Contingencies and/or allowances will be integrated into the GMP and communicated with the City. Key qualifications and/or assumptions will also be incorporated into the GMP. SUBCONTRACTOR/PROCUREMENT Our subcontractor outreach will encourage early participation from all major bidders, making this participation a value- add to their bid. Attracting and on-boarding of qualified trade partners requires an effective bidding phase. For trade partner selection, the project will be publicly bid to maximize competitive pricing, achieve trade efficiency, eliminate scope gaps and attract the best partners. Trade partner award will be based upon best value selection. Our process of sourcing appropriate materials at a reasonable cost and ensuring their availability to meet project requirements and deadlines is multi- faceted and starts early in preconstruction, when long lead items have been identified. Considering the volatile market, solving procurement challenges with creative solutions will play a key role in the project’s success. Our experienced DBT is proficient in defining priority items, identifying long-lead items, and uncovering/mitigating challenges. Page 07 Page 374 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Experience & Technical Competence USC Los Angeles Fire Station No. 15 3000 S. Hoover Street, Los Angeles, CA 90007// University of Southern California DESIGN-ASSIST PROJECT MANAGER/OWNER Curt Klafta Battalion Chief LA City Fire Department o. 805.300.3256 e. cmklafta@verizon.net PROJECT TYPE Design-Assist delivery of an Essential Service Facility TOTAL VALUE $ 12,335,270 DELIVERY TEAM Erickson-Hall, Contractor -Nathan Complin, Proj. Executive PBK Architects, Architect -Kelley Needham, Principal // Erickson-Hall provided Design-Assist services to the University of Southern California for the construction of the USC Los Angeles Fire Station 15. This project encompassed a 16,960 SF, two-story facility that features an Italian Romanesque design to blend with campus architecture and houses. The new fire station holds six essential service vehicles in two apparatus bays, quarters for 19 emergency personnel, offices, handball court, fitness room and kitchen/dining area. The facility has a 4,000-gallon fuel storage tank, vehicle exhaust removal system, emergency backup generator and 30-foot hose drying tower. Off-site improvements encompassed removing and replacing sidewalks, new drive approaches, flashing beacon/signaling work and utility lateral connections. Fire station No. 15 is within the USC’s main student vehicular and pedestrian thoroughfare, adjacent to student housing as well as the women’s soccer and lacrosse playing field. A separate restroom building was also built to serve the adjacent soccer and lacrosse field. Because the development of Fire Station No. 15 was a public/private transaction between the City of Los Angeles and USC, design, procurement and installation of all low voltage and dispatch systems, typically handled by the City of Los Angeles became the responsibility of our design-build team. Tremendous coordination was required between Erickson-Hall’s Design-Build Team, LA Fire Communications and the Radio Equipment Vendor because we were procuring and installing essential service proprietary equipment, including the alerting system, answer back system, gong panel, dispatch lighting system, dispatch radio equipment and all phone and data systems. Page 04 Page 375 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Experience & Technical Competence Anaheim Fire Station No. 5 2540 E. La Palma, Anaheim, CA 92806 // City of Anaheim DESIGN-BUILD PROJECT MANAGER/OWNER Tim O’Hara Deputy Fire Chief (Retired) Anaheim Fire Department c. 714.920.5150 e. tsmceo@yahoo.com PROJECT TYPE Design-Build delivery of an Essential Service Facility TOTAL VALUE $ 5,423,876 DELIVERY TEAM Erickson-Hall, Contractor -Nathan Complin, Proj. Executive PBK Architects, Architect -Kelley Needham, Principal // Erickson-Hall provided Design-Build services for the construction of a new 9,437 SF fire station housing 3 apparatus bays, 8 dorm rooms, 4 crew bathrooms, 1 public ADA restroom, office and work spaces, kitchen, day room, exercise room, and associated site work. In an effort to bring the project into budget, while still maintaining a quality and functional project, many Value Engineering options were entertained. Some of the more notable options included changing from Four Fold doors to sectional overhead doors saving $87,000. We replaced epoxy flooring with Ashford formula treated concrete in the apparatus bay saving $37,000. In addition the determination was made to use Eisenwall fast setting scratch coat in order to pick up 2 weeks on the project schedule. While costing more money for the product, the savings in time and general conditions offset this cost and ended up in a net gain. Page 04 Page 376 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Experience & Technical Competence Stanton Fire Station No. 6 27871 Pacific Street, Stanton, CA 90680 // Orange County Fire Authority PM @ RISK PROJECT MANAGER/OWNER Steve Chambers Deputy Fire Chief (Retired) City of Stanton c. 714.720.4499 e. stevechambers1922@gmail.com PROJECT TYPE Project Management @ Risk delivery of an Essential Service Facility TOTAL VALUE $ 4,295,439 DELIVERY TEAM Erickson-Hall, Contractor - Nathan Complin, Proj. Executive PBK Architects, Architect - Kelley Needham, Principal // Construction of a temporary modular fire station and apparatus structure, relocation of staff into the temporary station and complete demolition and new construction of a 9,500 SF fire station. The temporary station was completely demolished upon completion of new Fire Station No. 46. The station is staffed for the City by the Orange County Fire Authority and includes a two-engine apparatus bay, kitchen, crew quarters, day room, workout room and offices. The placement of the fire station, meeting both the City of Stanton and OCFA’s square footage requirements, within the unique lot layout was a challenge. Some notable/sustainable features are vegetated bio swales, a storm water treatment system. LED parking lot lighting, state-of-the-art energy management system and lighting controls. Page 04 Page 377 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Experience & Technical Competence RSF Harmony Grove Fire Station No. 5 2604 Overlook Point Drive, Escondido, CA 92029 // Rancho Santa Fe Fire Protection District PROGRESSIVE DESIGN-BUILD PROJECT MANAGER/OWNER Bruce Sherwood, Project Manager Battalion Chief RSF Fire Protection District m. 760.533.7015 e. sherwood@rsf-fire.org PROJECT TYPE Progressive Design-Build delivery of an Essential Service Facility TOTAL VALUE $ 6,649,446 DELIVERY TEAM Erickson-Hall, Contractor - Nathan Complin, Proj. Executive PBK Architects, Architect - Kelley Needham, Principal Rawlings Electric - Adam Rawlings // Rancho Santa Fe Fire Protection District Harmony Grove FS No. 5 is a single-story, 8,313 SF fire station serving the Rancho Santa Fe and Harmony Grove areas. The facility includes three drive through apparatus bays, a training/community room, public accessible restrooms, a Captain’s office, 4 crew dormitory rooms, 2 crew bathrooms, a Captain’s dormitory room with adjacent bathroom, a dayroom, kitchen & dining room, a workout garage, janitor’s closet/laundry, a telecommunications room, an electrical room, and an extractor/dryer room. There is also space allocated for additional functions, including a workshop, compressor, ice machine, medical supply storage, printer, decontamination, 20 turnout lockers, and hose storage. Erickson-Hall’s electrical subcontractor Rawlings Electric worked with the DBT early to review site conditions, space allocation and specifications for switchgear, light fixtures and an emergency generator. The subcontractor’s input allowed a best value selection on the model of the generator, as well as a detailed design of the required diesel fuel connections from an above ground storage tank. Further, the subcontractor was able to provide a best value alternate equal light fixture package recommendation which was accepted by the owner resulting in a significant cost savings of over $100,000. WinnerWinner Page 05 Page 378 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PROJECT NAME DELIVERY METHOD OWNER ARCHITECT COMPLETION DATE CONSTRUCTION VALUE Design-Build / Design-Assist Over 5,000 SF 2+ Apparatus Bays Dorm Rooms Restrooms Kitchen Dining Room Day Room Gym Administrative Space Refueling Site Emergency Generator Fencing/Rolling Gates Landsdcape/HardscapePROJECT DESCRIPTION California Highway Patrol San Diego Replacement Facility 5902 Kearny Villa Road San Diego, CA 92123 DESIGN-BUILD State of California Department of General Services Michael Siemering, Project Director 916.376.1628 PBK-WLC September - 2019 $26,715,469 •• •••• • Single story, 39,600 SF building arranged in an "L" shaped configuration. The 2 wings that form the plan are narrow sections bisected by double- loaded corridors allowing an efficient circultaion arrangement within the building. East Valley Public Safety Training Center 1171 San Canyon Road Yucaipa, CA 92399 DESIGN-BUILD San Bernardino Community College District Leilani Nunez, Campus Project Manager 909.388.6933 PBK-WLC June - 2023 $5,000,000 ••• Scope of work includes design and construction of two new specialized fire training structures on site at the Crafton Hills College. These structures are designed specifically to accommodate the fire academy requirements for cadets seeking their certification as a fire fighter. Rancho Santa Fe Fire Station No. 5 Harmony Grove 2604 Overlook Point Drive Escondido, CA 92029 DESIGN-BUILD Rancho Santa Fe Fire Protection District Bruce Sherwood, Battalion Chief 858.756.6004 PBK-WLC September - 2020 $6,678,927 •••••••• • ••• Single story, 9,900 SF, 3 double deep apparatus bays, 4 crew dorms, Captain's dorm room, kitchen, dining room, training, and fitness rooms. Anaheim Fire Station No. 5 2540 E. La Palma Avenue Anaheim, CA 92806 DESIGN-BUILD City of Anaheim Anaheim Fire & Rescue Tim O'Hara, Deputy Chief (Retired) 714.920.5150 PBK-WLC August - 2018 $5,400,000 •••••••• • ••• New 9,437 SF fire station housing a three vehicle apparatus bay, 8 dorm rooms, 4 crew bathrooms, 1 public ADA restroom, office and work spaces, kitchen, day room, dining room and exercise room. ERICKSON-HALL & - PBK-WLC DESIGN-BUILD TEAM ESSENTIAL SERVICE EXPERIENCE Sendero Ranch Fire Station No. 56 Sendero Rd. Antonio Parkway County of Orange, CA DESIGN-BUILD Orange County Fire Authority Chris DeCoursey Construction Manager 714.720.6066 PBK-WLC July - 2015 $5,070,133 •••••••• ••••• New 9,568 SF fire station with three vehicle apparatus bay, office space, kitchen, dining room, dayroom, eight dorm rooms and above ground fuel tank. Malibu Fire Station No. 71 28722 W. Pacific Coast Highway Malibu, CA 90625 DESIGN-BUILD County of Los Angeles Contact No Longer Available PBK-WLC October - 2014 $5,147,000 •••••••• ••••• New 5,800 SF fire station with three vehicle apparatus bay, new office space, kitchen, dining room, dayroom, six dorm rooms, two restrooms, and 300 SF independent storage building. Stanton Fire Station No. 46 7871 Pacific Street Stanton, CA 90680 DESIGN-BUILD City of Stanton Steve Chambers, Orange County Fire Authority Property Manager (Retired) 714.720.4499 PBK-WLC October - 2011 $4,295,439 XXXXXXXXXX XXX New 9,500 SF fire station with two-engine apparatus bay, kitchen, crew quarters, day room, workout room and offices. Terra Lago Fire Station No. 5 42900 Golf Center Parkway Indio, CA 92203 DESIGN-BUILD City of Indio Contact No Longer Available PBK-WLC April - 2009 $3,578,694 XXXXXXXXXXXXXX 7,200 SF fire station, two-engine apparatus bay, medical supply room, full service kitchen, dining room, day room, excerise rooms, crew quarter's and captain's office. Los Angeles Fire Station No. 15 3000 S. Hoover Street Los Angeles, CA 90007 DESIGN-BUILD University of Southern California Contact No Longer Available PBK-WLC June - 2015 $12,335,270 XXXXXXXXXXXXXX 16,960 SF two-story fire station, 6-engine in two apparatus bays, offices, fitness room, kitchen, offices, crew quarters, showers, 4,000-ga fuel storage tank, emergency generator, hose tower, site improvements. Vista Fire Station No. 3 1070 Old Taylor Street Vista, CA 92084 DESIGN-BUILD City of Vista Robin Putnam (Retired) 760.809.6187 robinaeputnam@gmail.com PBK-WLC In Progress $10,000,000 Construction of a new fire station, site will be raised to improve drainage. Includes offsite road improvements and undergrounding of overhead utilities. Vista Temporary Fire Station No. 3 1070 Old Taylor Street Vista, CA 92084 DESIGN-BUILD City of Vista Robin Putnam (Retired) 760.809.6187 robinaeputnam@gmail.com PBK-WLC In Progress $500,000 Renovation of an existing building for a temporary fire station while the existing Fire Station No. 3 is under construction. Page 379 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PROJECT NAME DELIVERY METHOD OWNER ARCHITECT COMPLETION DATE CONSTRUCTION VALUE Design-Build / Design-Assist Over 5,000 SF 2+ Apparatus Bays Dorm Rooms Restrooms Kitchen Dining Room Day Room Gym Administrative Space Refueling Site Emergency Generator Fencing/Rolling Gates Landsdcape/HardscapePROJECT DESCRIPTION VCFPD Temp Fire Station No. 3 30100 Cole Grade Road Valley Center, CA 92082 DESIGN-BUILD Valley Center Fire Protection District Jim Davidson Fire Marshal/Battalion Chief 760.751.7600 PBK-WLC In Progress $1,380,000 Construction of new Fire Station No. 3 in Valley Center on a 10-acre parcel and renovations to the existing Fire Stations 1 & 2. Anaheim Fire Station No. 11 3100 W. Orange Avenue Anaheim, CA 92804 Design-Bid-Build City of Anaheim Anaheim Fire & Rescue Tim O'Hara, Deputy Chief (Retired) 714.920.5150 PBK-WLC April - 2007 $3,598,985 XXXXXXXXXXXXX 8,181 SF fire station, two apparatus bays, administrative offices, restrooms/showers, training room, day room, dining room, kitchen, 10- crew quarters, fueling system, emergency generator. Escondido Fire Station No. 6 1735 Del Dios Road Escondido, CA 92029 Design-Bid-Build City of Escondido Contact No Longer Available PBK-WLC December - 2008 $4,192,143 XXXXXXXXXXXXX New 7,359 SF fire station with three-engine apparatus bay, kitchen, dining room, crew quarters, day room, and landscaping. Escondido Fire Station No. 7 1220 N. Ash Street Escondido, CA 92027 Design-Bid-Build City of Escondido Contact No Longer Available PBK-WLC November - 2008 $4,416,685 XXXXXXXXXXXXX New 8,950 SF fire station with three-engine apparatus bay, kitchen, dining room, crew quarters, day room, lockers and casework. Tustin Legacy Fire Station No. 37 15011 Kensington Park Drive Tustin, CA 92780 Design-Bid-Build City of Tustin Contact No Longer Available PBK-WLC February - 2014 $4,192,000 XXXXXXXXXXXXX 9,700 SF fire station with three apparatus bays, eight dorm rooms, kitchen, exercise room, workshop, emergency generator, 2,000-ga fuel storage tank. Lido Fire Station No. 2 2807 Newport Boulevard Newport Beach, CA 92663 CM-Agency City of Newport Beach Justin Carr, Assistant Chief of Operations 949.644.3040 PBK-WLC October - 2021 $9,500,000 •••••••• • ••• Site demolition and new construction of the 2- story, 11,500 SF Lido Fire Station No. 2 housing an apparatus bay with 3 doors, medical storage room, 12 dorm rooms, kitchen, day room and fitness areas. San Diego Fire Station No. 5 3902 Ninth Avenue San Diego, CA 92103 Design-Bid-Build City of San Diego Contact No Longer Available Rob Wellington Quigley, FAIA May - 2018 $6,408,732 XXXXXXXXXXXX New temporary fire station structure, demolition of existing station, and new construction of a 2- story 10,597 SF station and various site improvements. Public Safety Facility 8870 San Bernardino Road Rancho Cucamonga, CA 91730 CM-Agency City of Rancho Cucamonga Mike McCliman Deputy Chief 909.904.3841 HMC Architects January - 2021 $15,533,000 ••••••• • ••• New 9,437 SF fire station housing a three vehicle apparatus bay, 8 dorm rooms, 4 crew bathrooms, 1 public ADA restroom, office and work spaces, kitchen, day room, dining room and exercise room. All-Risk Training Center 11297 Jersey Boulevard Rancho Cucamonga, CA 91730 CM Multiple-Prime City of Rancho Cucamonga Mike McCliman Deputy Chief 909.904.3841 HMC Architects June - 2018 $21,512,742 XXXXXX Construction of a 40,000 SF, 5-building, All-Risk Training Center comprised of realistic, adaptable, and reuseable facilities used by firefighters to hone their emergency response skills. Newport Fire Station 5 410 Marigold Ave Corona Del Mar, CA 92625 Design-Bid-Build City of Newport Beach Jim Boland Captain 714.915.4896 PBK-WLC September - 2019 $6,389,186 New 10, 314 fire station and branch library for Corona Del Mar featuring a 2-bay, single-deep apparatus room with drive-through capability and invidiual dormitories for a crew of 6. Monterey Park Fire Station 62 2001 S Garfield Ave Monterey Park, CA 91754 Design-Bid-Build City of Monterey Park Scott Haberle Fire Chief 714.536.5553 PBK-WLC October - 2021 $5,397,101 Fire Station 62 is a new 6,763 sf facility designed to replace an existing station built in 1978. The three-story station is designed to accommodate 7 firefighters and includes a 2-bay double deep aparatus room,and various support spaces. Costa Mesa Fire Station 1 11297 Jersey Boulevard Rancho Cucamonga, CA 91730 Design-Bid-Build City of Costa Mesa Tim Vasin Battalion Chief 714.754.5106 PBK-WLC July - 2018 $6,867,000 New 11,675 sf facility designed to repalce the original station built in 1961.The station is designed to accommodate 10 firefighters and includes a three-bay, double-deep apparatus room and various support spaces. ADDITIONAL PBK-WLC COMPARABLE EXPERIENCE - PAST 5 YEARS ADDITIONAL ERICKSON-HALL COMPARABLE EXPERIENCE - PAST 5 YEARS Page 380 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Nathan Complin Project Executive Nathan Complin joined Erickson-Hall in 1999 and has more than 25 years of experience in the construction industry; 17 of those years as a senior manager utilizing Design-Build and Progressive Design-Build to deliver essential service facilities throughout Southern California. Nathan is well prepared to provide thorough collaboration, feedback, and direction to the project and team. As the Design-Build Manager, Nathan will work hand-in-hand with Kelley Needham from PBK to determine optimal design solutions. Since our DBT has completed so many similar fire station projects together, we can assure the City that work is delivered on time, in the ordered quality, and within the budget. EDUCATION B.S. Construction Engineering & Management CSU Long Beach TRAINING •Asbestos Awareness •Fall Protection Awareness •Hazardous Communication •OSHA 10-Hour •OSHA LEAD Awareness •Defensive Driver •Harassment Preventative Training •Leadership Development REFERENCES Keith McReynolds Fire Chief North County FPD c.760.497.2568 Bruce Sherwood, Battalion Chief RSF Fire Protection District o. 858.756.6004Vista Fire Station No. 5 - $6.4 Million 13,628 SF fire station with four-vehicle apparatus bay, administrative offices, kitchen, dining room, day room, training/meeting room, exercise room and nine crew quarters. Design-Build Vista Fire Station No. 6 - $5.6 Million New 11,300 SF fire station with three-apparatus bays, administrative offices, kitchen, dining room, day room, training room, laundry, and nine crew quarters. Design-Build Vista Fire Station No. 1 Remodel - $3.8 Million Remodel of an existing two story Fire Station including new living quarters featuring ten dorm rooms and accommodating up to four shifts per dorm, new administrative office spaces, fitness room, day room, kitchen facility with custom BBQ on patio, new elevator, and a state of the art IT/Comm Room featuring a Clean Agent Fire Suppression System. Rancho Santa Fe Fire Station No. 5 Harmony Grove Rancho Santa Fe Fire Protection District - $6.6 Million Rancho Santa Fe Fire Station No. 5 in Harmony Grove Village is a 8,313 SF, single-story structure on a partially developed 2.6-acre site. Completed with PBK. Progressive Design-Build California Highway Patrol Replacement Facility State of California Department of General Services - $26.7 Million Construction of the 39,600 CHP San Diego Replacement Facility. The single structure is arranged in an “L” shaped configuration with two wings bisected by double-loaded corridors. Completed with PBK. Design-Build Lido Fire Station No. 2 City of Newport Beach, CA - $6.7 Million Site demolition of an existing parking lot and construction of a new 2-story, 11,649 SF fire station, a 144 SF trash enclosure building and a 148 SF public restroom building. East Valley Public Safety Training Center San Bernardino Community College District - $8 Million Scope of work includes design and develop 2 new specialized fire training structures on site at the Crafton Hills College. These structures are designed specifically to accommodate the fire academy requirements for cadets seeking their certification as a fire fighter. Completed with PBK. Progressive Design-Build All-Risk Training Center City of Rancho Cucamonga, CA - $26.4 Million New construction of a Fire Training Center encompassing six new buildings including a training tower, training house, warehouse, administration, locker and data buildings, as well as underground trench rescue training prop and associated site work. Public Safety Facility City of Rancho Cucamonga, CA - $13.5 Million Construction management services for the construction of a 16,274 SF fire station housing one paramedic engine, staff capacity of six, one reserve engine, two engine bays, a turnout washer, as well as the addition of a 2,500+ SF San Bernardino County Sheriff Department Sub-Station. Relevant Experience (A Partial List) Resumes GENERAL CONTRACTOR Page 381 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Resumes GENERAL CONTRACTOR Brandon Hamlett Project Manager Brandon Hamlett joined Erickson-Hall in 2015; his construction industry experience spans over 15 years and encompasses a broad range of public works projects, with a focus on essential service facilities and education. His background includes field experience as a Superintendent, as well as concentrated experience in fire station project management. This gives him heightened attention to safety, quality, and project details. As the Project Manager, Brandon will lead the team through preconstruction, construction, and post-construction tasks such as budget validation, value engineering, field orders and surveying as-built conditions, as well as assisting in assurance of contract compliance, timely submission of shop drawings, submittals and product data. Brandon has completed several projects alongside our key DBT members, including PBK, using the Design-Build delivery method. He will manage weekly owner construction meetings, oversee site construction meetings, establish and update the project budget, review changes to the budget and project scope, and approve subcontractor’s monthly progress payments. During construction, he will monitor execution of the project schedule and assist with design schedules for project milestones. EDUCATION B.S. Construction Engineering San Diego State University, 2013 A.A. Science & Mathematics Palomar Community College, Fire Tech - Public Fire Service Certification, Santa Ana Community College, TRAINING • OSHA 10-Hour • OSHA 30-Hour • CPR / AED | First Aid • Concrete & Masonry • Confined Space Awareness • OSHA Lead Awareness • Defensive Driver Training • Fall Protection Awareness • Asbestos Awareness • CS-Silica Hazards • Leadership Development Training • Building Inspector CBC • Building Plans Examiner CBC • Plumbing Inspector CPC • Mechanical Inspector CMC • Fire Technology Certification REFERENCE Mike McCliman Fire Chief Rancho Cucamonga Fire District p. 909.477.2770 California Highway Patrol Replacement Facility State of California Department of General Services - $26.7 Million Construction of the 39,600 CHP San Diego Replacement Facility. The single structure is arranged in an “L” shaped configuration with two wings bisected by double-loaded corridors. Completed with PBK. Design-Build Lido Fire Station No. 2 City of Newport Beach, CA - $6.8 Million Site demolition of an existing parking lot and construction of a new 2-story, 11,649 SF fire station, a 144 SF trash enclosure building and a 148 SF public restroom building. Public Safety Facility City of Rancho Cucamonga, CA - $13.5 Million Construction management services for the construction of a 16,274 SF fire station housing one paramedic engine, staff capacity of six, one reserve engine, two engine bays, a turnout washer, as well as the addition of a 2,500+ SF San Bernardino County Sheriff Department Sub-Station. East Valley Public Safety Training Center San Bernardino Community College District - $8 Million Scope of work includes design and develop 2 new specialized fire training structures on site at the Crafton Hills College. These structures are designed specifically to accommodate the fire academy requirements for cadets seeking their certification as a fire fighter. Completed with PBK. Progressive Design-Build All-Risk Training Center City of Rancho Cucamonga, CA - $26.4 Million New construction of a Fire Training Center encompassing six new buildings including a training tower, training house, warehouse, administration, locker and data buildings, as well as underground trench rescue training prop and associated site work. Relevant Experience (A Partial List) Page 382 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Resumes GENERAL CONTRACTOR Mike Riley Vice President, Estimating Mike Riley has been an integral part of Erickson-Hall’s estimating team since 2001 and has over 20 years of construction industry experience, encompassing a broad range of projects including the modernization and new construction of essential service facilities. Mike is experienced in all facets of estimating including conceptual cost analysis, negotiated, firm-fixed pricing, subcontract solicitation, and bid analysis. As Chief Estimator, Mike produces budgets and cost estimates and procures general/prime contractors for each project. His responsibilities include estimating deliverables such as cost estimating, bid management and bid packaging, value engineering, constructability, and complete oversight of Erickson-Hall’s estimating database. He will assist with contract negotiations and the preparation of detailed cost estimates at various stages of design and construction. EDUCATION Mesa Community College, 1994 Santa Clara University, 1997 San Diego State University, 1999 TRAINING • CPR | AED | First Aid • Defensive Driver Training • OSHA 10-Hour • Leadership Development Training • Emergency Action Planning Awareness • Fire Prevention Awareness • Ladder Safety Awareness La Mesa Fire Station No. 11 City of La Mesa, CA - $6.5 Million Construction of a new 20,446 SF, two-story fire station that includes an emergency operations center, training room, four-engine apparatus bay, administrative offices, crew quarters, fitness room, kitchen, dining area and day room. Malibu Fire Station No. 71 County of Los Angeles - $5.3 Million Replacement of an existing fire station with a new 5,800 SF facility that includes a 300 SF independent storage building. The new fire station features an apparatus bay which accommodates a squad, truck and engine. It contains new office space, kitchen/dinning room, dayroom, two full restrooms, six individual dormitories and storage. Design Build with PBK. Public Safety Facility City of Rancho Cucamonga, CA - $13.5 Million Construction management services for the construction of a 16,274 SF fire station housing one paramedic engine, staff capacity of six, one reserve engine, two engine bays, a turnout washer, as well as the addition of a 2,500+ SF San Bernardino County Sheriff Department Sub-Station. Relevant Experience (A Partial List) San Diego Fire Station No. 31 City of San Diego San Diego Fire Station No. 12 City of San Diego San Diego Fire Station No. 5 City of San Diego West San Jacinto Fire Station City of San Jacinto Stanton Fire Station No. 46 City of Stanton Escondido Fire Station No. 4 City of Escondido (Design Build) Tustin Legacy Fire Station No. 37 City of Tustin Anaheim Fire Station No. 5 City of Anaheim (Design-Build) Page 383 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista // Temporary Fire Station No. 11 Kelley Needham, AIA Architect, Principal Mr. Needham joined WLC Architects, Inc. in April 1986. He has brought to the firm a wide variety of experience and expertise in project design and construction document preparation. His architectural education was taught with a strong emphasis on human needs and how to integrate them into the built environment. This emphasis was combined with a methodical and logical design process geared toward the achievement of appropriate design solutions. He has experience in a wide variety of project types but has specialized in the design of both public and essential service facilities. EDUCATION California Polytechnic University, Pomona Bachelor of Architecture, 1985 REGISTRATION Architect, California - 19064 PROFESSIONAL AFFILIATIONS Los Angeles Chapter American Institute of Architects FIRE STATIONS •Newport Beach Fire Station 5 •Eastvale Fire Station 2 •Sendero Ranch Fire Station 56 •Fontana Fire Station 73 •Los Angeles Fire Station 15 •Malibu Fire Station 71 •Carlsbad Fire Station 3 •Los Angeles Fire Station 7 •Los Angeles Fire Station 39 •San Diego Fire Station 45 •Bonsall Fire Station 5 •Ontario Fire Station 9 •Vernon Fire Station 4 •Fontana Fire Station 71 •Rialto Fire Station 2 •Scottsdale Fire Station 1 •Scottsdale Fire Station 8 •Stanton Fire Station 46 •Mecca Fire Station 40 •Fremont Fire Station 11 •Simi Valley Fire Station 47 •Cypress Fire Station 17 •Chino Fire Station 7 •Hesperia Fire Station 301 •Hesperia Fire Station 305 •Fremont Fire Station 2 •Escondido Fire and Police •Indio Fire Station 5 •Culver City Fire Station 3 •Fremont Fire Station 6 •Escondido Fire Station 7 •Escondido Fire Station 6 •Yucaipa Fire Station 3 •Cabazon Fire Station 24 •Escondido Fire Station 3 •Carlsbad Fire Station 6 •Houston Fire Station 8 •San Marcos Fire Station 4 •Lake Forest Fire Station 19 •Fremont Fire Station 8 •Chino Fire Station 63 •Dana Point Fire Station 29 •Fairbanks Headquarters Fire Station •San Marcos Fire Station 2 •Rancho Cucamonga FS 173 •San Bernardino Fire Station 232 •Norco Fire Station 22 •Temescal Public Safety Facility •Santa Monica Fire Station 2 •La Quinta Fire Station 93 •Rancho Cucamonga Fire Station 176 •Anchorage Headquarters Fire Station 1 •Fontana Fire Station 78 •San Marcos Fire Station 1 •Chino Hills Fire Station 62 •Burbank Fire and Police Facility •Temecula Fire Station 84 •Riverside Fire Station 12 •Fontana Fire Station 77 •Fontana Fire Station 74 ARFF STATIONS •LAX - ARFF Station 80 •John Wayne Airport - ARFF Station 33 •Portland International Airport - ARFF 89 TRAINING FACILITIES •Fremont Tactical Training Center •Chino Training Facility/Fire Station 1 •Los Angeles Valley Recruit Training Center Resumes ARCHITECT Page 384 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello sal.crivello@pacificmobile.com Pro ject quotation Date: 11/27/2023 Company: City of Chula Vista Task Description Qty Unit Unit Sales Price Total Sales Price Tax TIPS Catalog Items New Modular Building - 24x60 (Create 28x100) 1 EA $191,506.56 $191,506.56 Y New Modular Building - 24x40 (Create 28x100) 1 EA $148,400.29 $148,400.29 Y Add std. walls, doors, restroom, cabinet-28x100 1 EA $86,738.53 $86,738.53 Y New Modular Building - 24x40 (Create into 24x52) 1 EA $148,400.29 $148,400.29 Y Add std. doors, windows, outlets - 24x52 1 EA $2,771.05 $2,771.05 Y Transportation from Mfg. 28x100 4 EA $4,032.86 $16,131.44 Y Transportation from Mfg. 24x52 2 EA $4,032.86 $8,065.72 Y Steel Pier Foundation Material 28x100 1 EA Y Block & Level 24x40 (Portion of 28x100) 1 EA $5,497.33 $5,497.33 N Block & Level 24x60 (Portion of 28x100) 1 EA $6,712.37 $6,712.37 N Hitch Removal 28x100 4 EA N CP Seismic/Anchor Pier 28x100 28 EA $170.81 $4,782.68 N Skirting - Install 28x100 256 EA $46.68 $11,950.08 N Steel Pier Foundation Material 24x52 1 EA Y Block & Level 24x52 1 EA $5,497.33 $5,497.33 N Hitch Removal 24x52 2 EA N CP Seismic/Anchor Pier 24x52 16 EA $170.81 $2,732.96 N Skirting - Install 24x52 152 EA $46.68 $7,095.36 N New ADA Stand-Alone Step - 28x100 1 EA $4,886.85 $4,886.85 Y New ADA Straight Ramp - 28x100 1 EA $16,018.96 $16,018.96 Y New ADA step access to ramp landing - 28x100 1 EA $3,405.09 $3,405.09 Y New ADA Landings - 24x52 458 SF $82.94 $37,986.52 Y New ADA Straight Ramp - 24x52 1 EA $16,018.96 $16,018.96 Y New ADA step access to ramp landing - 24x52 1 EA $3,405.09 $3,405.09 Y Deliver & install all landings, steps, and ramps 1045 SF $8.89 $9,290.05 N RS Means Items Fire Sprinklers - 28x100 1 EA $30,646.03 $30,646.03 Y Fire Sprinklers - 24x52 1 EA $19,282.46 $19,282.46 Y 28x100 - Size, occupancy, showers, water heater 1 EA $19,996.86 $19,996.86 Y 24x52 - Washer, dryer, sink, water heater 1 EA $7,778.80 $7,778.80 Y 24x52 - roll-up doors 2 EA $21,445.78 $42,891.56 Y 24x52 - Increase building size, credit for posted 1 EA $14,796.27 $14,796.27 Y General Requirements Engineering - (Foundation) 1 EA N 2% TIPS Fee 1 EA N Estimated Reg., License, Title Fee 4 EA N Page 385 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello Project quotation Date: 11/27/2023 sal.crivello@pacificmobile.com Subtotal $872,685.49 Tax 8.75% Tax Total $71,673.64 Project Total $944,359.13 Page 386 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 3068 3068 30 68306830688080 80 80 EP EP 23'- 1" 22 11 17 6 24' 52 12 10' UNIT Stock 24 X 52 MOBILE OFFICE WW W PACIFICMO BILE COM 800 225 6539 Th is drawing is the property of Pacific M obile Structures In c and m ay not be duplicated w ithout ap proval Actual featu res m ay vary due to available inventory Page 387 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda DESCRIPTION 24 x 52 B-Laundry/Storage/Gym NOTES: QUOTE REVISED: REMOVED FRAMED OPENINGS FOR (2) ROLL UP DOORS AND UPDATE QUOTE PRICE. IF YOU DO NOT SEE A SPECIFIED ITEM WRITTEN IN THE PROPOSAL, IT IS NOT INCLUDED. BUILDING IS QUOTED PER THE 2022 CBC, 2022 CEC, 2022 CMC, 2022 CPC, 2022 CBC CHAPTER 11B ACCESSIBILITY BASED ON COMPLIANCE WITH TITLE 25, ARTICLE 3, SECTION 4369B (PLEASE LET YOUR SALES REP KNOW IF YOU NEED COMPLIANCE WITH 4369A). PHOENIX MODULAR TAKES EXCEPTION TO ALL OTHER CODES, REGULATIONS AND JURISDICTIONS. CZ 12 ANY ITEMS THAT EXCEED THE DESIGNATED SHIPPING HEIGHT OR WIDTH WILL BE SHIPPED LOOSE FOR SITE INSTALLATION BY OTHERS. ( ESTIMATED SHIPPING HEIGHT 15'9" WITHOUT VENTS ) ANY ITEMS THAT FALL ON THE MODLINE AND CANNOT BE LOCATED ELSEWHERE WILL BE SHIPPED LOOSE FOR SITE INSTALLATION BY OTHERS. FINAL FINISH, WAXING, SEALING, BUFFING, ETC OF VINYL FLOORING IS NOT PROVIDED IN PHOENIX MODULAR’S SCOPE OF WORK. HVAC UNITS THAT ARE POWERED BY A GENERATOR WILL HAVE THEIR WARRANTY VOIDED UNLESS AN APPROVED SURGE PROTECTOR DEVICE IS INSTALLED. JBOXES ARE PROVIDED WITH CONDUIT STUBBED TO THE CEILING CAVITY FOR FUTURE PHONE/DATA. WIRING AND DEVICES ARE BY OTHERS ON SITE. PLEASE NOTE: PHOENIX MODULAR IS NOT RESPONSIBLE FOR CODE COMPLIANCE WITH ANY REGULATORY BODY OTHER THAN THE STATE AGENCY WHERE THE BUILDING WILL BE LOCATED. COMPLIANCE WITH ANY SPECIAL CODE OR REQUIREMENTS DUE TO OCCUPANCY OR USE OF SUCH BUILDING IS NOT THE RESPONSIBILITY OF PHOENIX MODULAR. (DEALER MUST PROVIDE ALL GOVERNMENTAL COMPLIANCE REQUIREMENTS THAT AFFECT ANY QUOTE REQUESTED). IF, DURING THE PERFORMANCE OF THIS CONTRACT, THE PRICE OF BUILDING MATERIALS SIGNIFICANTLY INCREASES, THROUGH NO FAULT OF THE MANUFACTURER, THE PRICE OF THESE BUILDING MATERIALS SHALL BE EQUITABLY ADJUSTED BY AN AMOUNT REASONABLY NECESSARY TO COVER ANY SUCH SIGNIFICANT PRICE INCREASES. SUCH PRICE INCREASES SHALL BE DOCUMENTED. WHERE THE DELIVERY OF BUILDING MATERIALS IS DELAYED, THROUGH NO FAULT OF THE MANUFACTURER, AS A RESULT OF A SHORTAGE OR UNAVAILABILITY, MANUFACTURER SHALL NOT BE LIABLE FOR ANY ADDITIONAL COSTS OR DAMAGES ASSOCIATED WITH SUCH DELAY(S). Page 1 of 2 Page 388 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda DESCRIPTION 24 x 52 B-Laundry/Storage/Gym NO PROVISIONS ARE MADE TO MEET WUI FIRE HAZARD ZONE REQUIREMENTS. NO PROVISIONS FOR EXTERIOR FIRE RATING. PHOENIX MODULAR ASSUMES THE MINIMUM REQUIRED DISTANCE FROM ANY AND ALL COMMON OR ASSUMED PROPERTY LINES. PLEASE NOTE: SMOKE DUCT DETECTORS PROVIDED ARE STAND ALONE, AND NOT TIED TO ANY FIRE ALARM, AND ARE NON REPORTING. HVACS ARE NOT PROVIDED WITH RELAYS FOR FUTURE TIE IN TO NEW OR EXISTING FIRE ALARM SYSTEMS. PHOENIX MODULAR'S STANDARD ONE YEAR WARRANTY APPLIES AND IS AVAILABLE ON OUR WEBSITE. PLUMBING MANIFOLD IS NOT INCLUDED. AN ECONOMIZER(S) HAS BEEN INCLUDED ON HVAC UNIT(S). DUE TO THE NEED FOR THE HVAC PERFORMANCE TO BE CONSISTENT WITH THE PROJECT SITE ENVIRONMENT THE SET-UP, ADJUSTMENTS AND TESTING TO THE ECONOMIZER NEEDS TO BE PERFORMED BY A CERTIFIED HVAC TECHNICIAN AT SITE. THIS SERVICE IS NOT IN THE PMI SCOPE OF WORK. QUOTE IS BASED ON GLASS ROLL-UP DOORS TO BE SOLARBAN 70 GLAZING. PLEASE NOTE: PHOENIX MODULAR IS NOT RESPONSIBLE FOR CODE COMPLIANCE WITH ANY REGULATORY BODY OTHER THAN THE STATE AGENCY WHERE THE BUILDING WILL BE LOCATED. COMPLIANCE WITH ANY SPECIAL CODE OR REQUIREMENTS DUE TO OCCUPANCY OR USE OF SUCH BUILDING IS NOT THE RESPONSIBILITY OF PHOENIX MODULAR. (DEALER MUST PROVIDE ALL GOVERNMENTAL COMPLIANCE REQUIREMENTS THAT AFFECT ANY QUOTE REQUESTED). IF, DURING THE PERFORMANCE OF THIS CONTRACT, THE PRICE OF BUILDING MATERIALS SIGNIFICANTLY INCREASES, THROUGH NO FAULT OF THE MANUFACTURER, THE PRICE OF THESE BUILDING MATERIALS SHALL BE EQUITABLY ADJUSTED BY AN AMOUNT REASONABLY NECESSARY TO COVER ANY SUCH SIGNIFICANT PRICE INCREASES. SUCH PRICE INCREASES SHALL BE DOCUMENTED. WHERE THE DELIVERY OF BUILDING MATERIALS IS DELAYED, THROUGH NO FAULT OF THE MANUFACTURER, AS A RESULT OF A SHORTAGE OR UNAVAILABILITY, MANUFACTURER SHALL NOT BE LIABLE FOR ANY ADDITIONAL COSTS OR DAMAGES ASSOCIATED WITH SUCH DELAY(S). Page 2 of 2 Page 389 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0695-2023 v-02 Size: 24 x 52 Description: B-Laundry/Storage/Gym COMPONENT SUB-COMPONENT DESCRIPTION QUANTITY FRAME OUTRIGGER Chassis Basement 12' X 52' - 12" X 11.8# I-Beam OR/CM/MC 8'/8'/8' 2.00 AXLES Quad Axle (4 Brake Axles) 2.00 FLOOR JOIST 2 X 8 @ 12" O/C 125# Floor Load ( Throughout ) DECKING 3/4" T&G Plywood INSULATION R-30 Unfaced (2 layers R-15) COVERING Floor Tile VCT - 1/8" X 12" X 12" THROUGH OUT MISC Bottom Board Mobile-Flex EXTERIOR WALL STUDS 2 X 6 Ext. Wall Framing SIDING Smart Panel - 3/8" - 8" O/C Grooves - W/House Wrap COVERING 1/2" Vinyl Covered Gypsum 10' Tall (Exterior Wall) INSULATION R-21 Kraft (Exterior Wall) INTERIOR WALL STUDS 2 X 4 Wall Framing - 9' To 10' Tall INSULATION NONE PROVIDED COVERING 1/2" Vinyl Covered Gypsum 9' To 10' Tall COLUMNS Roof Support Column - Concealed COVE BASE COVE BASE Wall Base Vinyl 4" THROUGH OUT ROOF JOIST 2 X 10 20#CMPLEX 1/4 12" Page 1 of 4 Page 390 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0695-2023 v-02 Size: 24 x 52 Description: B-Laundry/Storage/Gym COMPONENT SUB-COMPONENT DESCRIPTION QUANTITY ROOF MATE BEAM Wood Beam - 48" - 4-Layer (Struct 1) MATE BEAM Modline Strap INSULATION R-38C Unfaced (W/Support Netting) DECKING 1/2" Wood Decking (Roof) DECKING 1/4" Dens-Deck COVERING EPDM .045 - White CEILING 2X4 - Vinyl Face Tile - Upgrade Throughout (Armstrong 1729A) CEILING 2 X 4 - T-Grid - Mineral Fiber #769A 9"AFF WINDOW MISC None Provided EXTERIOR DOOR DOOR 8080 Rough Opening 2.00 For Future Glass Roll-Up Door DOOR 36X80 - 18ga Door - W/ 16ga KD Jamb 3.00 LOCKSET Deadbolt - Grade 2 - Single Cylinder 3.00 LOCKSET Passage - Lockset - Grade 2 (Ext) 3.00 HARDWARE Closer - Tell 600 Series 3.00 INTERIOR DOOR DOOR 36X80 Legacy Oak - Solid Core - W/ Timely Jamb 2.00 LOCKSET Passage - Tell Grade 2 - Lever 2.00 ELECTRICAL PANEL Nema 3R, External, 200 Amp Single Phase 1.00 PANEL Nema 3R, External, 125 Amp Single Phase 1.00 Page 2 of 4 Page 391 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0695-2023 v-02 Size: 24 x 52 Description: B-Laundry/Storage/Gym COMPONENT SUB-COMPONENT DESCRIPTION QUANTITY ELECTRICAL RACEWAY Flex W/ Ground LIGHT Troffer 2 X 4 - LED - 4000 To 6000 Lumen 14.00 EXTERIOR LIGHTS Exterior 12w LED Porch Light With Photocell 3.00 EXIT/EMERGENCY LIGHTS Exterior Remote Head For Emergency Light 3.00 EXIT/EMERGENCY LIGHTS Exit/Emergency Light Remote Capable - Red 3.00 SWITCH Occupancy Sensor Ceiling Mount (Single Relay) 5.00 SWITCH Switch Photo Control - 120V 2.00 SWITCH Switch Dimmer - 3-Way 2.00 SWITCH Momentary Switch - DCC-2 2.00 SWITCH Photo Sensor Ceiling Mount 2.00 SWITCH Photo Sensor Remote 1.00 SWITCH Switch Dimmer - Single 3.00 RECEPTACLE 20A - WR GFCI Protected W/ While In Use Cover 1.00 RECEPTACLE 20A - Duplex - Dedicated 2.00 RECEPTACLE 30A - Dryer 2.00 RECEPTACLE 20A - Duplex 18.00 PHONE/DATA 4X4 J-Box W/ Mud Ring & 3/4" Conduit 8.00 PHONE/DATA 6X6 Nema 3R Entrance Box 1.00 PLUMBING PIPE Copper Plumbing Drop MOP SINK Mop Sink - Floor Mount 1.00 FLOOR DRAIN Floor Drain W/ Drip Primer 1.00 Page 3 of 4 Page 392 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0695-2023 v-02 Size: 24 x 52 Description: B-Laundry/Storage/Gym COMPONENT SUB-COMPONENT DESCRIPTION QUANTITY PLUMBING WATER HEATERS 40-Gallon - Electric Water Heater 1.00 MISC Washer Box 2.00 MISC In-Line Strainer 1.00 MISC Pipe Insulation hot Lines Per Code MISC Dryer Vent 2.00 HVAC H/P - WALL MOUNT 3.0-Ton - 5-KW Heat Strip - 1P - Bard, Eubank or Equal w/pgm t-stat 2.00 CRV'S & ECONOMIZERS Economizer For H/P End Mount 2.00 DUCT Fiberglass / Flex Return Air Duct DUCT Fiberglass / Flex - Supply Air Duct EXHAUST FANS 180 CFM - Ceiling Mount 3.00 MISC Plenum Wall MISC MISC Shipping Wall MISC Close-Up STATES STATE APP CA Approvals Page 4 of 4 Page 393 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 394 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda DESCRIPTION 28 x 100 R-OCC Chula Vista Temp Fire (V3) NOTES: *** PRICE IS VALID FOR 30 DAYS FROM 8/23/2023 *** IF YOU DO NOT SEE A SPECIFIED ITEM WRITTEN IN THE PROPOSAL, IT IS NOT INCLUDED. ANY ITEMS THAT EXCEED THE DESIGNATED SHIPPING HEIGHT OR WIDTH WILL BE SHIPPED LOOSE FOR SITE INSTALLATION BY OTHERS. ANY ITEMS THAT FALL ON THE MODLINE AND CANNOT BE LOCATED ELSEWHERE WILL BE SHIPPED LOOSE FOR SITE INSTALLATION BY OTHERS. BUILDING IS QUOTED PER CALIFORNIA CLIMATE ZONE 7, RISK 4, THE 2022 CBC, 2022 CEC, 2022 CMC, 2022 CPC, 2022 CBC CHAPTER 11B ACCESSIBILITY BASED ON COMPLIANCE WITH TITLE 25, ARTICLE 3, SECTION 4369B (PLEASE LET YOUR SALES REP KNOW IF YOU NEED COMPLIANCE WITH 4369A). PHOENIX MODULAR TAKES EXCEPTION TO ALL OTHER CODES, REGULATIONS AND JURISDICTIONS. DUE TO LACK OF INFORMATION ON SHOWER USAGE AND DURATION, PHOENIX MODULAR CANNOT GUARANTEE ADEQUATE HOT WATER DURING PERIODS OF HEAVY USAGE. FINAL FINISH, WAXING, SEALING, BUFFING, ETC OF VINYL FLOORING IS NOT PROVIDED IN PHOENIX MODULAR’S SCOPE OF WORK. HVAC UNITS THAT ARE POWERED BY A GENERATOR WILL HAVE THEIR WARRANTY VOIDED UNLESS AN APPROVED SURGE PROTECTOR DEVICE IS INSTALLED. JBOXES ARE PROVIDED WITH CONDUIT STUBBED TO THE CEILING CAVITY FOR T PLEASE NOTE: PHOENIX MODULAR IS NOT RESPONSIBLE FOR CODE COMPLIANCE WITH ANY REGULATORY BODY OTHER THAN THE STATE AGENCY WHERE THE BUILDING WILL BE LOCATED. COMPLIANCE WITH ANY SPECIAL CODE OR REQUIREMENTS DUE TO OCCUPANCY OR USE OF SUCH BUILDING IS NOT THE RESPONSIBILITY OF PHOENIX MODULAR. (DEALER MUST PROVIDE ALL GOVERNMENTAL COMPLIANCE REQUIREMENTS THAT AFFECT ANY QUOTE REQUESTED). IF, DURING THE PERFORMANCE OF THIS CONTRACT, THE PRICE OF BUILDING MATERIALS SIGNIFICANTLY INCREASES, THROUGH NO FAULT OF THE MANUFACTURER, THE PRICE OF THESE BUILDING MATERIALS SHALL BE EQUITABLY ADJUSTED BY AN AMOUNT REASONABLY NECESSARY TO COVER ANY SUCH SIGNIFICANT PRICE INCREASES. SUCH PRICE INCREASES SHALL BE DOCUMENTED. WHERE THE DELIVERY OF BUILDING MATERIALS IS DELAYED, THROUGH NO FAULT OF THE MANUFACTURER, AS A RESULT OF A SHORTAGE OR UNAVAILABILITY, MANUFACTURER SHALL NOT BE LIABLE FOR ANY ADDITIONAL COSTS OR DAMAGES ASSOCIATED WITH SUCH DELAY(S). Page 1 of 2 Page 395 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda DESCRIPTION 28 x 100 R-OCC Chula Vista Temp Fire (V3) FUTURE PHONE/DATA. WIRING AND DEVICES ARE BY OTHERS ON SITE. NO PROVISIONS FOR EXTERIOR FIRE RATING. PHOENIX MODULAR ASSUMES THE MINIMUM REQUIRED DISTANCE FROM ANY AND ALL COMMON OR ASSUMED PROPERTY LINES. PHOENIX MODULAR TAKES EXCEPTION TO LIQUIDATED DAMAGES, DAVIS BACON, PREVAILING WAGES-INCLUSIVE OF ANY SERVICE WORK THAT WOULD BE REQUIRED. IF SPECIALTY TRAINING OR NON STANDARD REQUIREMENTS ARE NECESSARY FOR SITE ACCESS THEY MUST BE DISCLOSED WITH BID REQUEST. IF THIS IS NOT DISCLOSED WITH BID REQUEST AND THESE CONDITIONS APPLY THE DEALER WILL BE RESPONSIBLE FOR ANY COSTS INCURRED. PHOENIX MODULAR'S STANDARD ONE YEAR WARRANTY APPLIES AND IS AVAILABLE ON OUR WEBSITE. SMOKE DETECTORS PROVIDED ARE STAND ALONE & NOT TIED TO ANY ALARM SYSTEM. PLEASE NOTE: SMOKE DUCT DETECTORS PROVIDED ARE STAND ALONE, AND NOT TIED TO ANY FIRE ALARM, AND ARE NON REPORTING. HVACS ARE NOT PROVIDED WITH RELAYS FOR FUTURE TIE IN TO NEW OR EXISTING FIRE ALARM SYSTEMS. NO PROVISIONS HAVE BEEN MADE FOR FUTURE SOLAR PANELS. PLUMBING MANIFOLD IS NOT INCLUDED. NO APPLIANCES HAVE BEEN PROVIDED. FIRE SPRINKLER IS REQUIRED BUT NOT INCLUDED. PLEASE NOTE: PHOENIX MODULAR IS NOT RESPONSIBLE FOR CODE COMPLIANCE WITH ANY REGULATORY BODY OTHER THAN THE STATE AGENCY WHERE THE BUILDING WILL BE LOCATED. COMPLIANCE WITH ANY SPECIAL CODE OR REQUIREMENTS DUE TO OCCUPANCY OR USE OF SUCH BUILDING IS NOT THE RESPONSIBILITY OF PHOENIX MODULAR. (DEALER MUST PROVIDE ALL GOVERNMENTAL COMPLIANCE REQUIREMENTS THAT AFFECT ANY QUOTE REQUESTED). IF, DURING THE PERFORMANCE OF THIS CONTRACT, THE PRICE OF BUILDING MATERIALS SIGNIFICANTLY INCREASES, THROUGH NO FAULT OF THE MANUFACTURER, THE PRICE OF THESE BUILDING MATERIALS SHALL BE EQUITABLY ADJUSTED BY AN AMOUNT REASONABLY NECESSARY TO COVER ANY SUCH SIGNIFICANT PRICE INCREASES. SUCH PRICE INCREASES SHALL BE DOCUMENTED. WHERE THE DELIVERY OF BUILDING MATERIALS IS DELAYED, THROUGH NO FAULT OF THE MANUFACTURER, AS A RESULT OF A SHORTAGE OR UNAVAILABILITY, MANUFACTURER SHALL NOT BE LIABLE FOR ANY ADDITIONAL COSTS OR DAMAGES ASSOCIATED WITH SUCH DELAY(S). Page 2 of 2 Page 396 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0806-2023 v-03 Size: 28 x 100 Description: R-OCC Chula Vista Temp Fire (V3) COMPONEN SUB-COMPONENT DESCRIPTION QUANTITY FRAME OUTRIGGER Chassis Basement 14' X 60' - 12" X 11.8# I-Beam OR/CM/MC 2.00 13'8" x 60' OUTRIGGER Chassis Basement 14' X 40' - 12" X 11.8# I-Beam OR/CM/MC 2.00 13'8" x 40' AXLES Quad Axle (4 Brake Axles) 2.00 AXLES Five Axle (5 Brake Axles) 1.00 AXLES Six Axle (6 Brake Axles) 1.00 FLOOR JOIST 2 X 8 @ 16" O/C 50# Floor DECKING 3/4" T&G Plywood INSULATION R-19 Unfaced COVERING Floor Tile VCT - 1/8" X 12" X 12" Throughout MISC Bottom Board Mobile-Flex EXTERIOR WALL STUDS 2 X 6 Ext. Wall Framing SIDING Adder for Risk 4 SIDING Smart Panel - 3/8" - 8" O/C Grooves - W/House Wrap COVERING 1/2" Vinyl Covered Gypsum 8' Tall ( Exterior Wall) INSULATION R-21 Kraft (Exterior Wall) INTERIOR WALL STUDS 2 X 4 Wall Framing - 8' Tall STUDS Upgrade to Plumbing Wall COVERING 1/2" Vinyl Covered Gypsum 8' Tall Page 1 of 6 Page 397 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0806-2023 v-03 Size: 28 x 100 Description: R-OCC Chula Vista Temp Fire (V3) COMPONEN SUB-COMPONENT DESCRIPTION QUANTITY INTERIOR WALL COVERING 4' FRP Wainscot COVE BASE COVE BASE Wall Base Vinyl 4" Thoughout ROOF JOIST 2 X 10 20# mono roof 1/4" to12" slope to sides MATE BEAM 12" Steel Ibeam 4.00 @ Back to back locations MATE BEAM Steel Clearspan Truss Ends Support 8.00 Back to back location only MATE BEAM Wood Clearspan Truss Ends Support 4.00 MATE BEAM Modline Strap MATE BEAM 20# Steel Clearspan - 14' Wide INSULATION R-30 Unfaced (W/ Support Netting) DECKING 1/2" Wood Decking (Roof) DECKING 1/2" Drywall COVERING EPDM .045 - White CEILING 2 X 4 - T-Grid - Mineral Fiber #769A 8' Nominal MISC Draft Stop WINDOW BLINDS Mini-Blind 11.00 WINDOW 4040 - VINYL 4040 - H/S - Dual Glazed - Vinyl Frame - Clear Low E 11.00 EXTERIOR DOOR DOOR 36X80 - 18ga Door - W/ Tell Jamb 2.00 Page 2 of 6 Page 398 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0806-2023 v-03 Size: 28 x 100 Description: R-OCC Chula Vista Temp Fire (V3) COMPONEN SUB-COMPONENT DESCRIPTION QUANTITY EXTERIOR DOOR LOCKSET Passage - Lockset - Grade 2 (Ext) 2.00 LOCKSET Deadbolt - Grade 2 - Single Cylinder 2.00 HARDWARE Closer - Tell 600 Series 2.00 INTERIOR DOOR DOOR 36X80 Legacy Oak - Hollow Core - W/ Timely Jamb 15.00 DOOR 72X80 Double Legacy Oak - Hollow Core - W/ Timely Jamb 1.00 LOCKSET Privacy - Tell Grade 3 - Lever 11.00 LOCKSET Passage - Tell Grade 3 - Lever 5.00 HARDWARE Astragal W/ Flush Bolts (Int. Door) 1.00 ELECTRICAL PANEL Arc Fault Breakers PANEL Nema 3R, External, 125 Amp Single Phase 2.00 PANEL Nema 3R, External, 200 Amp Single Phase 2.00 RACEWAY Flex W/ Ground LIGHT Troffer 2 X 2 - LED - 3400 Lumen 5.00 Std rr, mop closet, IT closet LIGHT Troffer 2 X 4 - LED - 4000 To 6000 Lumen 23.00 Bedrooms, offices, ADA rr, open area EXTERIOR LIGHTS Exterior 12w LED Porch Light With Photocell 2.00 EXIT/EMERGENCY LIGHTS Exterior Remote Head For Emergency Light 2.00 EXIT/EMERGENCY LIGHTS Exit/Emergency Light Remote Capable - Red 2.00 EXIT/EMERGENCY LIGHTS Emergency Light - Dual Head 1.00 SWITCH 15-Amp - Single 8.00 Garbage disposal & Bedroom recept control Page 3 of 6 Page 399 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0806-2023 v-03 Size: 28 x 100 Description: R-OCC Chula Vista Temp Fire (V3) COMPONEN SUB-COMPONENT DESCRIPTION QUANTITY ELECTRICAL SWITCH Switch Sensor Dimming 9.00 Bedrooms & offices SWITCH 15-Amp - 3-Way 2.00 Day area sensor override SWITCH Occupancy Sensor Wall Mount (Single Relay) 7.00 Restrooms, utilities & storage SWITCH Occupancy Sensor Ceiling Mount (Single Relay) 4.00 Kitchen/open area & hall RECEPTACLE 20A-Duplex-Tamper Resistant 70.00 Throughout ( 1 in upper cab for range hood) RECEPTACLE 20A - GFCI Duplex - Dedicated 4.00 Counter top appliances & dishwasher - Tamper resistant (No appliances or dishwasher provided) RECEPTACLE 20A - Duplex - Dedicated 2.00 Refrigerator location - Tamper Resistant (Refrigerators Not RECEPTACLE 50A - Range 1.00 RECEPTACLE 20A - WR GFCI Protected W/ While In Use Cover 2.00 RECEPTACLE 20A-GFCI-Duplex-Tamper Resistant 6.00 Restrooms, mop closet & kitchen counter J-BOXES 20A - Hard Wired J-Box 1.00 Sprinklers PHONE/DATA 4X4 J-Box W/ Mud Ring & 3/4" Conduit 30.00 22 std use & 8 FA - Stubbed to ceiling PHONE/DATA 6X6 Nema 3R Entrance Box 1.00 MISC Smoke Detector AC W/ Battery 10.00 Bedrooms, hall, day area PLUMBING PIPE Copper Plumbing Drop Page 4 of 6 Page 400 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0806-2023 v-03 Size: 28 x 100 Description: R-OCC Chula Vista Temp Fire (V3) COMPONEN SUB-COMPONENT DESCRIPTION QUANTITY PLUMBING WATER CLOSET Water Closet - Std - Low Flow - Elongated 3.00 WATER CLOSET Water Closet - ADA - Low Flow - Elongated 1.00 LAVATORIES Lavatory - Wall Hung 4.00 SHOWERS Shower STD - 36" - (Non-ADA) 3.00 SHOWERS Shower ADA - 60" 1.00 KITCHEN SINKS 33" X 22" S.S. Double Bowl Sink 1.00 WATER HEATERS 80-Gallon - Electric Water Heater 1.00 ACCESSORIES Toilet Paper Dispenser 4.00 ACCESSORIES Grab-Bar Set 1.00 ACCESSORIES Mirror - 24" X 36" - W/Clips 4.00 MISC 3/4 hp garbage disposal w/ chord 1.00 MISC In-Line Strainer 1.00 HVAC H/P - WALL MOUNT 2.5-Ton - 5-KW Heat Strip - 1P - Bard, Eubank or Equal w/pgm t-stat 2.00 H/P - WALL MOUNT 3.5-Ton - 5-KW Heat Strip - 1P - Bard, Eubank or Equal w/pgm t-stat 2.00 DUCT Fiberglass / Flex Return Air Duct DUCT Fiberglass / Flex - Supply Air Duct EXHAUST FANS 140 CFM - Ceiling Mtd W/ Humidistat 4.00 MISC Merv 13 filters MISC Smoke Duct Detector 4.00 MISC Plenum Wall FURNISHINGS Page 5 of 6 Page 401 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SPEC SHEET Quote Number: PM-0806-2023 v-03 Size: 28 x 100 Description: R-OCC Chula Vista Temp Fire (V3) COMPONEN SUB-COMPONENT DESCRIPTION QUANTITY FURNISHINGS CABINETS Custom Laminate Countertop 24.00 CABINETS Prefinished - Base Cabinet 24.00 CABINETS Prefinished - Wall Cabinet 12.00 MISC MISC Shipping Wall MISC Close-Up STATES STATE APP CA Approvals Page 6 of 6 Page 402 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello sal.crivello@pacificmobile.com Project quotation Date: 11/27/2023 Exceptions / Clarifications:x prevailing wages Included x Performance & payment bonds not included. x Obtaining required County/City building permits, fees, and inspections not included. x Customer site must be dry, compacted, level, and accessible by normal truck delivery. x All costs to skate manually, crane, or forklift the building into position would be an additional cost. x Delivery does not include any special delivery permits, pilot cars, police escorts, or flagman. x Any special site required escorts, safety meetings, or other site related down-time would be an additional cost. x Extra trip charges may incur if customer decides to stop work on site. x Standard setup does not include removal of axles, tires, and tow bars x Seismic tie-down quantities are estimated, so costs will change to the amount shown on approved engineering. x Customer's responsible to call 811 and have underground utilities marked before building arrives on site x Modular building does include fire sprinklers x Site improvements not included (fence, landscape, sidewalk, parking, lighting, etc.). Site survey or soils testing not included. x Preparation of modular building pad not included (Minimum of 1,500 PSF required, and +/- 6" grade difference assumed). x Any special site testing requirements would be an additional cost. x All utility connections to modular building are not included. (Electrical, water, sewer, etc.) x All low voltage wiring, devises, panels, and monitoring not included. x Site security, temporary toilets, or garbage dumpsters not included. x Proper site drainage or SWPPP plan not included. x ADA steps included. x Ramping quoted assumes a grade difference of 36” from door threshold to ramp entrance, and final transition to grade will be the customer responsibility. x Proposal includes all ramped doors at 36" above grade, and final transition to grade will be the customer responsibility. x Roof gutters and covered entrances not included, but optional. x Refer to attached floor plan & elevations for further clarification. x Pricing good for 30-days Page 403 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello sal.crivello@pacificmobile.com Project quotation Date: 11/27/2023 New Building Warranty: •(2) Year Pacific Mobile Warranty, (5) Year HVAC Limited Warranty Payment Terms: Invoices due upon receipt. 35% Due upon signed contract, payment must be received to reserve production time. 55% Due when completed at factory, payment must be received prior to delivery. 8% Due upon initial punch list walk-through. 2% Due upon final completion. Page 404 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello Project quotation Date: 11/27/2023 sal.crivello@pacificmobile.com ADDITIONAL TERMS AND CONDITIONS 1.AGREEMENT: The essence of the contract set forth on the face page of this Agreement is that Pacific Mobile Structures, Inc. (“Seller”) agrees to provide and deliver the specified mobile/modular building(s) and related equipment (Property); and, in exchange, Buyer will fulfill the specified payment terms. Seller and Buyer’s signatures and initials acknowledge the following terms and conditions have been reviewed and are also part of this Agreement. 2.PAYMENT 2.1 Terms: Buyer agrees that the price and payment terms are fully and accurately set forth on the face page of this Agreement. Buyer acknowledges that by entering into this Agreement, Buyer is causing Seller to incur costs associated with delivering the product and services bargained for in this Sales Agreement. Payments are due on receipt in the amount described on each invoice and shall be deemed late if not paid within 15 days of the invoice date, unless otherwise specified on the face page of this agreement, at which time a finance charge of 1% per month may be assessed until paid. 2.2 Financing: Buyer agrees to indicate in writing (under the payment terms on the face page of this Agreement) if Buyer’s purchase is subject to financing. Buyer agrees that representing in bad faith or without a reasonable basis that financing is forthcoming from a third-party is deemed a breach of this Agreement and will subject Buyer to the default clause remedies set forth below. If Buyer makes a good faith and reasonable representation but is unable to ultimately obtain third- party financing sufficient to satisfy the payment terms, Buyer agrees that Seller has the option to extend reasonable financing terms and Buyer will be obligated to enter into a retail installment contract and sign a security agreement or other agreement as may be required for Seller to finance Buyer’s purchase. 3.SITE CONDITIONS: Buyer is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site’s condition reasonably prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer’s responsibility and will be addressed by change order. 4.SCHEDULE; DELAYS; INCREASE IN PRICE AND/OR TIME; STORAGE: Delivery and any setup work will begin and be substantially completed on the dates set forth on the face page of this agreement and/or in an addendum modifying the dates. However, delays may occur due to unforeseen circumstance beyond Seller’s control, including, but not limited to: extreme weather conditions; fire; transportation delays; unavoidable accidents or circumstances; unacceptable site conditions; Buyer’s acts or omissions. Excusable delays do not subject Seller to penalties or damages. In reasonable instances, Seller may modify the Contract price to reflect additional incurred expenses and/or modify the Schedule to account for delays. If Buyer delays the building review beyond a reasonable time or outlined schedule, Seller may reevaluate the contract price. If Seller is unable to deliver the mobile/modular building(s) due to Buyer's site delays, a storage fee will begin seven days after completion at the factory or the predetermined delivery date, whichever is later. Buyer agrees to pay a pro-rated monthly storage fee at a rate of $0.20 per square foot of each floor until the Buyer is able to take delivery. If space is unavailable, Buyer must either transport to an alternative site or Seller will do so unilaterally and pass the expense to Buyer. 5.DELIVERY AND PLACEMENT 5.1 Transportation Permits: Buyer is aware that special permits may be required to transport the mobile/modular building(s) to final destination, and that permits are often granted, granted conditionally, or denied based upon the width of the mobile/modular building. Seller will seek to obtain the transportation permits ordinarily required. However, if additional local permits are required, those additional fees will be passed on to the Buyer. Further, if a transportation permit is denied or is granted conditionally, Buyer will not make claims against Seller. If Seller cannot obtain transportation permits, Seller may, at its option, cancel this Agreement and return the progress payment without further liability or obligation. 5.2 Building Permits: Buyer is responsible for obtaining building and site permits. Seller cannot deliver/place buildings until they have the building and/or site permit, if required. If Buyer fails to obtain a necessary permit, or fails to make any required changes, and in either case as a result Seller incurs any costs, fines or forfeitures, Buyer will pay the amount of any such cost, fine or forfeiture to the Seller on demand. 5.3 Site Conditions: Buyer is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site condition prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer’s responsibility and will be addressed by change order. 6.CHANGES: Seller may add to or deduct from the amount of work covered by this Agreement, and any changes so made in the amount of work involved, or any other parts of this Agreement, shall be by a written change order hereto setting forth in detail the changes involved and the value thereof which shall be mutually agreed upon in writing between the Seller and the Buyer. 7.TAXES: Buyer shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including sales taxes, estimated taxes and employment taxes, due with respect to Buyer’s purchase under this Agreement. 8.TITLE AND RISK OF LOSS: Ownership title to the Property shall pass to Buyer when the purchase price is paid in full. However, Buyer assumes and bears the risk of Property loss the moment the Property is delivered to the Buyer’s site. It is Buyer’s responsibility to arrange with Buyer’s insurance representative adequate and timely insurance coverage. Buyer waives any claims against Seller relating to risk or loss after delivery, even if Buyer’s insurance is not yet effective. The sole exception to the above is that any loss caused by Seller’s operations during delivery and/or any agreed upon set-up will be covered to the extent it falls within Seller’s CGL insurance policy coverage. 9. INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION: Buyer shall be responsible for obtaining and maintaining its own liability and property insurance. Seller agrees to defend, indemnify and hold harmless Buyer from claims for bodily injury and property damage caused by Seller’s negligence. However, this indemnification is contingent upon Seller’s CGL insurer providing coverage and is limited to the amounts paid by Seller’s CGL insurer. Buyer agrees to defend, indemnify and hold harmless Seller and its Subcontractors from claims for bodily injury and property damage caused by the negligence of Buyer and its agents. Buyer and Seller waive all non-trustee rights against each other for damages caused by risks covered by insurance. 10. WARRANTIES 10.1Used Units are sold “As Is”: Buyer is not relying on any written, oral, implied or other representations, statements or warranties by Seller or any of Seller’s affiliates, or any of Seller’s respective agents, officers, representatives, or otherwise. Seller specifically makes no representations, express, implied, statutory or otherwise, with respect to the unit being purchased, its current condition, or its fitness or suitability for any particular use or purpose. 10.2 New Units: 10.2.1 Seller’s Warranty: Pacific Mobile Structures, Inc., warrants to the first Buyer the commercial building sold to Buyer to be free from defects in materials and workmanship when properly maintained and in normal use. 10.2.2 Buyer's Remedy: Buyer's exclusive and only remedy under this warranty shall be Seller’s repair or replacement, at Seller’s option, of any defect(s) in materials or workmanship of the subject building. Unless otherwise agreed in writing between Seller and Buyer, repairs under this warranty shall only be made at the original site of installation of the subject building. In the event the repair or replacement of the defect(s) in materials or workmanship of the subject building are needed and can be repaired by Buyer for $100 or less on an actually incurred cost basis, Buyer may perform the repair or replacement and receive reimbursement from Seller. Requests for reimbursement shall be made in writing and shall contain sufficient detail to permit Page 405 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello Project quotation Date: 11/27/2023 sal.crivello@pacificmobile.com Seller to evaluate the nature of the defect(s). All parts removed during repair shall be retained by Buyer for Seller’s inspection for thirty (30) days from Seller’s receipt of Buyer's request for reimbursement. Seller shall have thirty (30) days from its receipt or Buyer's request to accept or reject it. If not rejected in that time period, the request shall be deemed accepted. 10.2.3 Duration of Warranty: 24-month warranty on major building components (roof, siding, structural issues, leaks); 12-month warranty on interior sheetrock repairs, light ballasts, door adjustments. The warranty period begins on the date of substantial completion. Excludes light bulbs, filters and adjustment of foundation due to ground water or settling of ground. HVAC warranty is covered by supplier (see manufacturers brochure for specific labor and materials warranties) 10.2.4 Buyer's Duties: Notice of Any Defects. Buyer shall give prompt written notice of any defects in materials or workmanship to Seller with sufficient detail to permit Seller to perform its obligations under this warranty. 10.2.5 Notice of Breach: Buyer shall give written notice to Seller of any alleged refusal or failure of Seller to repair or replace defects in materials or workmanship under this warranty not later than fifteen (15) days after Buyer learns of such alleged failure or refusal. 10.2.6 Disclaimer: The foregoing warranty is exclusive and is given and accepted in lieu of (i) any and all other warranties express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose; and (ii) any obligation, liability, right, claim, or remedy in contract or tort, whether or not arising from Seller’s negligence, actual or imputed. The remedies of Buyer shall be limited to those proved herein to the exclusion of any other remedies, including without limitation incidental or consequential damages. No agreement varying or extending the foregoing warranty, remedies or this limitation shall be binding upon Seller unless in writing, signed by a duly authorized officer of Seller. 10.2.7 Exclusions From Warranty: This warranty and the obligations stated herein shall NOT apply to the following: The subject building, if it has been repaired or altered without the prior written approval of Seller; the subject building if it has been subjected to misuse, abuse, neglect, or accident; used items furnished by Buyer for installation on the subject building; any part of the subject building which is not defective, but which must be replaced during the warranty period as a result of wear and tear; electrical, plumbing or mechanical connections or systems installed in or on the subject building by persons other than Seller; any defects to the subject building caused by improper site preparation or site conditions, acts of God, fire, vandalism, riot, insurrection, or other civil disorder. 10.2.8 Limitations of Actions: No action for breach of this warranty shall be commenced more than one (1) year after the accrual of the cause of action. 10.2.9 Merger: This warranty is the complete, final, and exclusive warranty of Seller with respect to the quality or performance of the subject building and any and all warranties and representations in connection with it. 10.2.10 Governing Law: This warranty and the rights and duties of the parties under this warranty shall be governed by the laws of the state of Washington. 11.DEFAULT AND REMEDIES: Buyer is in material default and breaches this contract if Buyer: (1) fails or refuses to timely make the agreed upon payments; or, (2) delays the Seller’s delivery or services over 30 days; or (3) otherwise fails to satisfy the Agreement terms and conditions. If Buyer defaults, Seller may cancel this contract; and/or repossess its Property; and/or retain a portion of any payments already made by Buyer, sufficient to adequately compensate Seller for expenses or losses caused by Buyer’s default. If Seller has canceled the contract, or if Buyer has committed a material breach, then Buyer cannot thereafter claim to be canceling the contract and be entitled to a return of any payments already made by Buyer until Seller has had a reasonable opportunity to account for and deduct any damages (including costs incurred up to the time of cancellation) owed from any payments already made by Buyer. If Buyer has not made any payments or made payments that are insufficient to cover all losses, Seller will take other collection action (including legal). If repossession is necessary, Buyer will be liable for all repossession costs. 12.DISPUTE RESOLUTION: The parties shall first endeavor to settle disputes through informal direct discussions. If unsuccessful, any party may serve a written Notice requesting resolution that: explains the dispute in detail and provides all supporting evidence; and appoints a senior representative to negotiate the Dispute on its behalf. Buyer must serve such Notice to Seller’s corporate office. If unsuccessful, the parties may seek non-binding mediation. Lastly, either party may submit the Dispute to the American Arbitration Association for arbitration. 13.ATTORNEY FEES; COLLECTION FEES; INTEREST; LIMITATION OF LIABILITY: Seller is entitled to recover reasonable pre-judgment and post judgment interest and other collection expenses, including attorney fees, incurred if Buyer defaults on payments. Seller shall also be entitled interest on delinquent invoices at the rate of 1% per month or the maximum rate permitted by law until such invoice is paid in full. Except for collection, arbitration or litigation actions, remedies shall be limited to direct out of pocket costs, unless noted otherwise herein. 14.SAFETY: Buyer shall assure, insofar as is reasonably possible, safe and healthful site conditions, including, but not limited to: assuring Buyer’s site complies with all applicable health, safety and environmental laws; and, assuming supervisory responsibility and function of all non-construction related parties on site during delivery and any set-up. Buyer shall be solely liable and responsible for any safety violation or deficiency. 15.GENERAL: This Agreement: (a) contains the entire Agreement between the parties and supersedes any and all other documents or information exchanged whether oral or written; (b) shall not be assigned or transferred in any manner by the Buyer without the prior written consent of the Seller; (c) may be modified only in a writing signed by both parties; (d) shall be governed by Washington State law and, if necessary, litigated in Washington State, either, in King, Thurston or Lewis Counties at Seller’s discretion; (e) the failure to insist on the performance of any part(s) of this Agreement, or to exercise any rights, shall not be construed as a waiver or relinquishment of such term, covenant or condition or right; and, (f) if any part of this Agreement, its Addendum or other related documents are found to be unenforceable, the remaining parts shall still be in full force and effect. This Agreement may be executed in counterparts and delivered via facsimile or other electronic means, with the same effect as the original. 16.ORDER OF PRECEDENCE: The terms and conditions and applicable agreements and documents shall adhere to the following order of precedence: 1. Prime Contract, if applicable 2. Pacific Mobile Structures Sales Agreement, Change Orders and Terms & Conditions 3. Buyer Agreement and Terms & Conditions 4. Buyer Purchase Order 5. Invoice In Acceptance, Initials Page 406 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello sal.crivello@pacificmobile.com Pro ject quotation Date: 11/27/2023 Excep tions / Clarificat ions: x prevailing wages Included x Performance & payment bonds not included. x Obtaining required County/City building permits, fees, and inspections not included. x Customer site must be dry, compacted, level, and accessible by normal truck delivery. x All costs to skate manually, crane, or forklift the building into position would be an additional cost. x Delivery does not include any special delivery permits, pilot cars, police escorts, or flagman. x Any special site required escorts, safety meetings, or other site related down-time would be an additional cost. x Extra trip charges may incur if customer decides to stop work on site. x Standard setup does not include removal of axles, tires, and tow bars x Seismic tie-down quantities are estimated, so costs will change to the amount shown on approved engineering. x Customer's responsible to call 811 and have underground utilities marked before building arrives on site x Modular building does include fire sprinklers x Site improvements not included (fence, landscape, sidewalk, parking, lighting, etc.). Site survey or soils testing not included. x Preparation of modular building pad not included (Minimum of 1,500 PSF required, and +/- 6" grade difference assumed). x Any special site testing requirements would be an additional cost. x All utility connections to modular building are not included. (Electrical, water, sewer, etc.) x All low voltage wiring, devises, panels, and monitoring not included. x Site security, temporary toilets, or garbage dumpsters not included. x Proper site drainage or SWPPP plan not included. x ADA steps included. x Ramping quoted assumes a grade difference of 36” from door threshold to ramp entrance, and final transition to grade will be the customer responsibility. x Proposal includes all ramped doors at 36" above grade, and final transition to grade will be the customer responsibility. x Roof gutters and covered entrances not included, but optional. x Refer to attached floor plan & elevations for further clarification. x Pricing good for 30-days Page 407 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello sal.crivello@pacificmobile.com Project quotation Date: 11/27/2023 Ne w Bui lding Warranty: •(2) Year Pacific Mobile Warranty, (5) Year HVAC Limited Warranty Payment Terms: Invoices due upon receipt. 35% Due upon signed contract, payment must be received to reserve production time. 55% Due when completed at factory, payment must be received prior to delivery. 8% Due upon initial punch list walk-through. 2% Due upon final completion. Page 408 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello Project quotation Date: 11/27/2023 sal.crivello@pacificmobile.com ADDITIONAL TERMS AND CONDITIONS 1.AGREEMENT: The essence of the contract set forth on the face page of this Agreement is that Pacific Mobile Structures, Inc. (“Seller”) agrees to provide and deliver the specified mobile/modular building(s) and related equipment (Property); and, in exchange, Buyer will fulfill the specified payment terms. Seller and Buyer’s signatures and initials acknowledge the following terms and conditions have been reviewed and are also part of this Agreement. 2.PAYMENT 2.1 Terms: Buyer agrees that the price and payment terms are fully and accurately set forth on the face page of this Agreement. Buyer acknowledges that by entering into this Agreement, Buyer is causing Seller to incur costs associated with delivering the product and services bargained for in this Sales Agreement. Payments are due on receipt in the amount described on each invoice and shall be deemed late if not paid within 15 days of the invoice date, unless otherwise specified on the face page of this agreement, at which time a finance charge of 1% per month may be assessed until paid. 2.2 Financing: Buyer agrees to indicate in writing (under the payment terms on the face page of this Agreement) if Buyer’s purchase is subject to financing. Buyer agrees that representing in bad faith or without a reasonable basis that financing is forthcoming from a third-party is deemed a breach of this Agreement and will subject Buyer to the default clause remedies set forth below. If Buyer makes a good faith and reasonable representation but is unable to ultimately obtain third- party financing sufficient to satisfy the payment terms, Buyer agrees that Seller has the option to extend reasonable financing terms and Buyer will be obligated to enter into a retail installment contract and sign a security agreement or other agreement as may be required for Seller to finance Buyer’s purchase. 3.SITE CONDITIONS: Buyer is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site’s condition reasonably prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer’s responsibility and will be addressed by change order. 4.SCHEDULE; DELAYS; INCREASE IN PRICE AND/OR TIME; STORAGE: Delivery and any setup work will begin and be substantially completed on the dates set forth on the face page of this agreement and/or in an addendum modifying the dates. However, delays may occur due to unforeseen circumstance beyond Seller’s control, including, but not limited to: extreme weather conditions; fire; transportation delays; unavoidable accidents or circumstances; unacceptable site conditions; Buyer’s acts or omissions. Excusable delays do not subject Seller to penalties or damages. In reasonable instances, Seller may modify the Contract price to reflect additional incurred expenses and/or modify the Schedule to account for delays. If Buyer delays the building review beyond a reasonable time or outlined schedule, Seller may reevaluate the contract price. If Seller is unable to deliver the mobile/modular building(s) due to Buyer's site delays, a storage fee will begin seven days after completion at the factory or the predetermined delivery date, whichever is later. Buyer agrees to pay a pro-rated monthly storage fee at a rate of $0.20 per square foot of each floor until the Buyer is able to take delivery. If space is unavailable, Buyer must either transport to an alternative site or Seller will do so unilaterally and pass the expense to Buyer. 5.DELIVERY AND PLACEMENT 5.1 Transportation Permits: Buyer is aware that special permits may be required to transport the mobile/modular building(s) to final destination, and that permits are often granted, granted conditionally, or denied based upon the width of the mobile/modular building. Seller will seek to obtain the transportation permits ordinarily required. However, if additional local permits are required, those additional fees will be passed on to the Buyer. Further, if a transportation permit is denied or is granted conditionally, Buyer will not make claims against Seller. If Seller cannot obtain transportation permits, Seller may, at its option, cancel this Agreement and return the progress payment without further liability or obligation. 5.2 Building Permits: Buyer is responsible for obtaining building and site permits. Seller cannot deliver/place buildings until they have the building and/or site permit, if required. If Buyer fails to obtain a necessary permit, or fails to make any required changes, and in either case as a result Seller incurs any costs, fines or forfeitures, Buyer will pay the amount of any such cost, fine or forfeiture to the Seller on demand. 5.3 Site Conditions: Buyer is aware that the delivery site must be dry, compacted level and accessible for industry standard maneuvering by normal mobile/modular truck tow. If the site condition prevents delivery, then the extra costs for equipment, labor and down time to remedy the situation are the Buyer’s responsibility and will be addressed by change order. 6.CHANGES: Seller may add to or deduct from the amount of work covered by this Agreement, and any changes so made in the amount of work involved, or any other parts of this Agreement, shall be by a written change order hereto setting forth in detail the changes involved and the value thereof which shall be mutually agreed upon in writing between the Seller and the Buyer. 7.TAXES: Buyer shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including sales taxes, estimated taxes and employment taxes, due with respect to Buyer’s purchase under this Agreement. 8.TITLE AND RISK OF LOSS: Ownership title to the Property shall pass to Buyer when the purchase price is paid in full. However, Buyer assumes and bears the risk of Property loss the moment the Property is delivered to the Buyer’s site. It is Buyer’s responsibility to arrange with Buyer’s insurance representative adequate and timely insurance coverage. Buyer waives any claims against Seller relating to risk or loss after delivery, even if Buyer’s insurance is not yet effective. The sole exception to the above is that any loss caused by Seller’s operations during delivery and/or any agreed upon set-up will be covered to the extent it falls within Seller’s CGL insurance policy coverage. 9. INDEMNITY, INSURANCE AND WAIVER OF SUBROGATION: Buyer shall be responsible for obtaining and maintaining its own liability and property insurance. Seller agrees to defend, indemnify and hold harmless Buyer from claims for bodily injury and property damage caused by Seller’s negligence. However, this indemnification is contingent upon Seller’s CGL insurer providing coverage and is limited to the amounts paid by Seller’s CGL insurer. Buyer agrees to defend, indemnify and hold harmless Seller and its Subcontractors from claims for bodily injury and property damage caused by the negligence of Buyer and its agents. Buyer and Seller waive all non-trustee rights against each other for damages caused by risks covered by insurance. 10.WARRANTIES 10.1Used Units are sold “As Is”: Buyer is not relying on any written, oral, implied or other representations, statements or warranties by Seller or any of Seller’s affiliates, or any of Seller’s respective agents, officers, representatives, or otherwise. Seller specifically makes no representations, express, implied, statutory or otherwise, with respect to the unit being purchased, its current condition, or its fitness or suitability for any particular use or purpose. 10.2 New Units: 10.2.1 Seller’s Warranty: Pacific Mobile Structures, Inc., warrants to the first Buyer the commercial building sold to Buyer to be free from defects in materials and workmanship when properly maintained and in normal use. 10.2.2 Buyer's Remedy: Buyer's exclusive and only remedy under this warranty shall be Seller’s repair or replacement, at Seller’s option, of any defect(s) in materials or workmanship of the subject building. Unless otherwise agreed in writing between Seller and Buyer, repairs under this warranty shall only be made at the original site of installation of the subject building. In the event the repair or replacement of the defect(s) in materials or workmanship of the subject building are needed and can be repaired by Buyer for $100 or less on an actually incurred cost basis, Buyer may perform the repair or replacement and receive reimbursement from Seller. Requests for reimbursement shall be made in writing and shall contain sufficient detail to permit Page 409 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Sal Crivello Project quotation Date: 11/27/2023 sal.crivello@pacificmobile.com Seller to evaluate the nature of the defect(s). All parts removed during repair shall be retained by Buyer for Seller’s inspection for thirty (30) days from Seller’s receipt of Buyer's request for reimbursement. Seller shall have thirty (30) days from its receipt or Buyer's request to accept or reject it. If not rejected in that time period, the request shall be deemed accepted. 10.2.3 Duration of Warranty: 24-month warranty on major building components (roof, siding, structural issues, leaks); 12-month warranty on interior sheetrock repairs, light ballasts, door adjustments. The warranty period begins on the date of substantial completion. Excludes light bulbs, filters and adjustment of foundation due to ground water or settling of ground. HVAC warranty is covered by supplier (see manufacturers brochure for specific labor and materials warranties) 10.2.4 Buyer's Duties: Notice of Any Defects. Buyer shall give prompt written notice of any defects in materials or workmanship to Seller with sufficient detail to permit Seller to perform its obligations under this warranty. 10.2.5 Notice of Breach: Buyer shall give written notice to Seller of any alleged refusal or failure of Seller to repair or replace defects in materials or workmanship under this warranty not later than fifteen (15) days after Buyer learns of such alleged failure or refusal. 10.2.6 Disclaimer: The foregoing warranty is exclusive and is given and accepted in lieu of (i) any and all other warranties express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose; and (ii) any obligation, liability, right, claim, or remedy in contract or tort, whether or not arising from Seller’s negligence, actual or imputed. The remedies of Buyer shall be limited to those proved herein to the exclusion of any other remedies, including without limitation incidental or consequential damages. No agreement varying or extending the foregoing warranty, remedies or this limitation shall be binding upon Seller unless in writing, signed by a duly authorized officer of Seller. 10.2.7 Exclusions From Warranty: This warranty and the obligations stated herein shall NOT apply to the following: The subject building, if it has been repaired or altered without the prior written approval of Seller; the subject building if it has been subjected to misuse, abuse, neglect, or accident; used items furnished by Buyer for installation on the subject building; any part of the subject building which is not defective, but which must be replaced during the warranty period as a result of wear and tear; electrical, plumbing or mechanical connections or systems installed in or on the subject building by persons other than Seller; any defects to the subject building caused by improper site preparation or site conditions, acts of God, fire, vandalism, riot, insurrection, or other civil disorder. 10.2.8 Limitations of Actions: No action for breach of this warranty shall be commenced more than one (1) year after the accrual of the cause of action. 10.2.9 Merger: This warranty is the complete, final, and exclusive warranty of Seller with respect to the quality or performance of the subject building and any and all warranties and representations in connection with it. 10.2.10 Governing Law: This warranty and the rights and duties of the parties under this warranty shall be governed by the laws of the state of Washington. 11. DEFAULT AND REMEDIES: Buyer is in material default and breaches this contract if Buyer: (1) fails or refuses to timely make the agreed upon payments; or, (2) delays the Seller’s delivery or services over 30 days; or (3) otherwise fails to satisfy the Agreement terms and conditions. If Buyer defaults, Seller may cancel this contract; and/or repossess its Property; and/or retain a portion of any payments already made by Buyer, sufficient to adequately compensate Seller for expenses or losses caused by Buyer’s default. If Seller has canceled the contract, or if Buyer has committed a material breach, then Buyer cannot thereafter claim to be canceling the contract and be entitled to a return of any payments already made by Buyer until Seller has had a reasonable opportunity to account for and deduct any damages (including costs incurred up to the time of cancellation) owed from any payments already made by Buyer. If Buyer has not made any payments or made payments that are insufficient to cover all losses, Seller will take other collection action (including legal). If repossession is necessary, Buyer will be liable for all repossession costs. 12.DISPUTE RESOLUTION: The parties shall first endeavor to settle disputes through informal direct discussions. If unsuccessful, any party may serve a written Notice requesting resolution that: explains the dispute in detail and provides all supporting evidence; and appoints a senior representative to negotiate the Dispute on its behalf. Buyer must serve such Notice to Seller’s corporate office. If unsuccessful, the parties may seek non-binding mediation. Lastly, either party may submit the Dispute to the American Arbitration Association for arbitration. 13. ATTORNEY FEES; COLLECTION FEES; INTEREST; LIMITATION OF LIABILITY: Seller is entitled to recover reasonable pre-judgment and post judgment interest and other collection expenses, including attorney fees, incurred if Buyer defaults on payments. Seller shall also be entitled interest on delinquent invoices at the rate of 1% per month or the maximum rate permitted by law until such invoice is paid in full. Except for collection, arbitration or litigation actions, remedies shall be limited to direct out of pocket costs, unless noted otherwise herein. 14.SAFETY: Buyer shall assure, insofar as is reasonably possible, safe and healthful site conditions, including, but not limited to: assuring Buyer’s site complies with all applicable health, safety and environmental laws; and, assuming supervisory responsibility and function of all non-construction related parties on site during delivery and any set-up. Buyer shall be solely liable and responsible for any safety violation or deficiency. 15.GENERAL: This Agreement: (a) contains the entire Agreement between the parties and supersedes any and all other documents or information exchanged whether oral or written; (b) shall not be assigned or transferred in any manner by the Buyer without the prior written consent of the Seller; (c) may be modified only in a writing signed by both parties; (d) shall be governed by Washington State law and, if necessary, litigated in Washington State, either, in King, Thurston or Lewis Counties at Seller’s discretion; (e) the failure to insist on the performance of any part(s) of this Agreement, or to exercise any rights, shall not be construed as a waiver or relinquishment of such term, covenant or condition or right; and, (f) if any part of this Agreement, its Addendum or other related documents are found to be unenforceable, the remaining parts shall still be in full force and effect. This Agreement may be executed in counterparts and delivered via facsimile or other electronic means, with the same effect as the original. 16. ORDER OF PRECEDENCE: The terms and conditions and applicable agreements and documents shall adhere to the following order of precedence: 1. Prime Contract, if applicable 2. Pacific Mobile Structures Sales Agreement, Change Orders and Terms & Conditions 3. Buyer Agreement and Terms & Conditions 4. Buyer Purchase Order 5. Invoice In Acceptance, Initials Page 410 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Joseph A Raso CHULA VISTA, CA 91910 Telephone Honorable Mayor & City Council April 22, 2024 I regret that circumstances prevent my physical presence at the upcoming Council Meeting on 04/23/24. Our family is getting together for my wife’s birthday. However, I am compelled to address the pressing issue at hand regarding the urgent need for modifications to the "Tenant Protection Ordinance" (TPO) in our city. The financial ramifications of the current ordinance cannot be overstated. It has brought about significant harm to renters and exacerbated the challenges faced by our homeless population. As a member of this community for 75 years, I never imagined witnessing such distress caused by the actions of our City Council. The flaws within the TPO, particularly the provision granting staff the authority to impose exorbitant daily fines for minor errors on required forms, are deeply concerning. Clause 9.65.080C2's allowance of fines up to $5,000 per violation per day is excessive and unjust. This punitive approach has a ripple effect, leading to increased financial burdens on both tenants and landlords. Written Communications - Public Comments Raso - Received 4/22/2024 Page 411 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda The situation is further exacerbated by the average monthly rent of $3,047, rendering housing unaffordable for many residents. This untenable situation contributes to the escalating homelessness crisis in our community. Instead of offering protection, the current TPO forces landlords to raise rents to offset the risk of facing astronomical fines, creating a cycle of hardship for vulnerable renters. I urge the City Council to take immediate action to rectify these issues. A simple amendment requiring a notice to cure before issuing fines would mitigate unjust penalties and provide an opportunity for corrective action. This approach aligns with the intent of the TPO to protect tenants without unfairly burdening landlords. Importantly, state law does not prohibit the issuance of warnings for non-compliance. A warning system would prompt the vast majority of well-intentioned tenants and landlords to rectify issues promptly, while identifying and penalizing any bad actors more efficiently. It is within the Council's power to address these concerns promptly and prevent further financial harm to our community members. I implore you to prioritize this matter, fulfill your duty to represent the welfare of constituents by enacting necessary modifications to the TPO. Thank you for your attention to this urgent matter. Sincerely, Joseph A Raso Written Communications - Public Comments Raso - Received 4/22/2024 Page 412 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 276 Fourth Avenue, Building A | Chula Vista, CA 91910 | (619) 407-3516 | agonzalez@chulavistaca.gov | www.chulavistaca.gov MEMORANDUM OFFICE OF DEPUTY MAYOR DATE: TO: FROM: SUBJECT: 04/19/2024 Honorable Mayor & City Councilmembers Deputy Mayor Alonso Gonzalez, District 3 7.1 Proposal for the Establishment of a Charter Review Subcommittee Dear Honorable Mayor and Council Members, I propose the creation of a Charter Review Subcommittee to evaluate and recommend updates to our City Charter, reflecting the needs of our evolving community. This Subcommittee will review existing and new recommended amendments, engage with the community for input, and present recommendations for the full Council's consideration. I look forward to discussing this further and appreciate your support. Sincerely, Alonso Gonzalez Deputy Mayor City of Chula Vista, District 3 Additional Information - Item 7.1 Deputy Mayor Gonzalez Received 4/23/2024 Page 413 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE General Plan Amendment: Amend the Chula Vista General Plan to Establish a Safety Element by Consolidating and Updating Safety Goals and Policies in Compliance with State Law Report Number: 24-0130 Location: No specific geographic location Department: Development Services G.C. § 84308: No Environmental Notice: Pursuant to State of California Environmental Quality Act (“CEQA”) Guideline Section 15162, a subsequent Environmental Impact Report (“EIR”) or a Negative Declaration is not required for the update to the City’s Safety Element in that substantial changes are not proposed, the circumstances to which the General Plan was adopted have not changed, and no new information of substantial importance has arisen since the prior environmental documents have been certified. Furthermore, it has been determined that the proposed consolidation of safety goals and policies is exempt from the CEQA Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments are primarily limited to policy modifications and updates in compliance with Government Code Section 65302(g)1 through 9 and are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Recommended Action Conduct the public hearing and adopt a resolution amending the Chula Vista General Plan to establish a Safety Element by consolidating and updating Safety goals and policies in compliance with state law. SUMMARY Senate Bill 1035 (“SB 1035”) requires that a local jurisdiction update its Safety Element upon each revision of its Housing Element or Local Hazard Mitigation Plan. The City of Chula Vista updated its Housing Element in October 2022 and is now establishing a Safety Element in compliance with SB 1035. Page 414 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed Safety Element for compliance with CEQA and determined that the Safety Element does not require a subsequent EIR or a Negative Declaration for the update to the City’s Safety Element in that substantial changes are not proposed, the circumstances to which the General Plan was adopted have not changed, and no new information of substantial importance has arisen since the prior environmental documents have been certified. Furthermore, it has been determined that the proposed consolidation of safety goals and policies is exempt from the CEQA Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments are primarily limited to policy modifications and updates in compliance with Government Code Section 65302(g)1 through 9 and are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment. Therefore, no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION On March 27, 2024 the Chula Vista Planning Commission voted 6-0-1 to recommend that the City Council adopt the resolution amending the General Plan to establish a Safety Element (Attachment 1). DISCUSSION Background The City’s existing General Plan was approved in 2005 and included six elements: Land Use and Transportation; Economic Development; Housing; Public Facilities and Services; Environmental; and Growth Management. Goals and policies related to issues of safety were included within the Public Facilities and Services and Environmental Elements, which covered the following: Flooding and Erosion; Seismic and Geologic Instability; Wildfire; Climate Resiliency; Crime; Health Emergencies; and Hazardous Materials. This proposal would consolidate and update those goals and policies into a standalone Safety Element within the General Plan. In 2018, the Governor signed into law SB 1035. The law requires local jurisdictions to update their General Plan’s Safety Element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years. Each update is required to address new information relating to flood, fire hazards, climate adaptation, and resiliency strategies applicable to the city or county that was not available during the previous version of the safety element. In addition to SB 1035, several other Assembly (AB) and Senate bills (SB) were approved that require amendments to the General Plan’s Safety Element as listed below:  Update flood-related information and strengthen flood protection measures (AB 162)  Local Hazard Mitigation Plan integration or incorporation by reference into the Safety Element (AB 2140)  Identification of evacuation routes and access to two or more evacuation routes for residential areas (SB 1241) Page 415 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3  Consultation with Cal FIRE and the Department of Conservation on wildfire policies (SB 1241)  Analysis of evacuation routes to include the safety, viability, and capacity under a range of emergency scenarios (AB 747 and SB 99) Additionally, if the Safety Element is approved before June 1, 2024, the City becomes eligible to qualify for the Fire Risk Reduction Community List (“FRRCL”). The Fire Risk Reduction Community List, as mandated by California Public Resource Code § 4290.1, is a list of local agencies located in a very high fire hazard severity zone that meet best practices for local fire planning. Should the City be added to this list, it would allow the Fire Department increased qualification for grant opportunities and allow Chula Vista residents to potentially qualify for reduced fire insurance rates, and/or fire insurance rates that would not escalate. Public Outreach An online survey was designed and posted on the City’s website to request input from community members identifying hazards and other locally relevant safety issues, such as emergency response times, pandemics, hazardous materials spills, crime reduction, etc. The survey was provided in English and Spanish and was open for 4 weeks, from August 10, 2023 to September 7, 2023. A total of 95 surveys were completed by residents, visitors, and people who work within the City. Participants cited severe weather and extreme heat as the most prevalent issues experienced in the City. A summary of the completed surveys is included as Attachment 2 of this report. In addition to the public survey, staff held two community meetings to solicit feedback, one in the eastern part of the City and one in the western part. The meeting in the eastern portion of the City took place on September 27, 2023 at Montevalle Community Center and was lightly attended. The meeting on the western portion of the City was held in City Council Chambers on September 28, 2023, and was attended by four community members. Attendees at both meetings viewed the exhibits and discussed their experience with flooding, power outages, fire, etc. with staff and the City’s consultants, Michael Baker International. Staff listened and took all the comments into consideration when drafting the Safety Element. The draft Safety Element was made available online for public review from March 4, 2024 through March 19, 2024. Staff received one response regarding implementation of Safety Element Action Items and additional firefighting equipment. As required by California Government Code § 65302, the draft Safety Element was submitted to and has been reviewed by the California Board of Forestry and Fire Protection (the “Board”). The Board held a meeting on April 9, 2024 to discuss the City’s draft Safety Element. The Board’s final review determined that the City’s Safety Element has adequately addressed and mitigated the City’s wildfire risk and meets the fire safety planning requirements outlined in Government Code § 65302. The Board has provided the City with a copy of the final General Plan Safety Element Assessment (Attachment 3) and has approved the City to move forward with adoption of the 2024 Safety Element. Proposed Amendments The proposed amendments would consolidate and update goals and policies from several elements of the General Plan into a new standalone Safety Element (Attachment 4). The amendment would include four new Goals and the Policies necessary to implement them: Page 416 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4  Goal SE 1.0: Minimize the potential for loss of life, injury, damage to property, economic and social dislocation, and unusual public expense due to natural hazards. The policies to implement this goal include those related to Flooding and Erosion, Seis mic and Geologic Instability, and Wildfire.  Goal SE 2.0: Minimize the potential for loss of life, injury, damage to property, economic and social dislocation, and unusual public expense due to human-made hazards. The policies to implement this goal include those related to Crime, Health Emergencies, and Hazardous Materials.  Goal SE 3.0: Ensure residents are thoroughly informed about hazards and emergency preparedness programs and procedures. The policy to implement this goal relates to promoting public safety awareness.  Goal SE 4.0: Ensure the City is well-prepared for an effective emergency response. The policies to implement this goal include ensuring City permitting and approval processes allow for emergency preparedness and ensuring that emergency preparedness planning is done collaboratively on a regular basis and includes City residents and businesses as part of the program. In addition to the proposed amendments, an Evacuation Route Capacity and Viability Study was prepared to understand the evacuation impacts under two scenarios: fire and dam inundation in compliance with AB 747 and SB 99 (Attachment 5). This document does not become part of the General Plan but rather informs the public and First Responders, as well as ensuring evacuation impacts are minimized. Staff recommends that the City Council adopt the Safety Element for the General 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 additional current-year fiscal impact as a result of this action. Costs associated with the preparation of the Safety Element were previously incorporated into the Development Services Department budget. ONGOING FISCAL IMPACT Implementation of the policies outlined within the Safety Element Update may require additional resources within the Development Services Department. As each of the policies are implemented, staff will complete a more thorough analysis of staffing and resource needs and the potential fiscal impact. Page 417 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 5 ATTACHMENTS 1. Planning Commission Resolution No. 2024-06 2. Safety Element Community Engagement Summary 3. General Plan Safety Element Assessment from the California State Board of Forestry and Fire Protection 4. Draft Safety Element 5. Evacuation Route Capacity and Viability Study Staff Contacts: Scott Donaghe, Principal Planner, Development Services Laura C. Black, AICP, Director of Development Services Page 418 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RESOLUTION NO. ___ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING A SAFETY ELEMENT WITHIN THE GENERAL PLAN IN COMPLIANCE WITH STATE LAW WHEREAS, Senate Bill 1035 (“SB 1035”) requires that a local jurisdiction update its Safety Element upon each revision of its Housing Element or Local Hazard Mitigation Plan. The City of Chula Vista updated its Housing Element in October 2022 and is now establishing a Safety Element in compliance with SB 1035; and WHEREAS, the City’s existing General Plan was approved in 2005 and included six elements: Land Use and Transportation, Economic Development, Housing, Public Facilities and Services, Environmental, and Growth Management; and WHEREAS, goals and policies related to issues of safety were included within the Public Facilities and Services and Environmental Elements, which covered the following: Flooding and Erosion; Seismic and Geologic Instability; Wildfire; Climate Resiliency; Crime; Health Emergencies; and Hazardous Materials; and WHEREAS, the Safety Element would consolidate and update those goals and policies into a standalone Safety Element within the General Plan; and WHEREAS, the Director of Development Services has reviewed the proposed Safety Element for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Safety Element does not require a subsequent EIR or a Negative Declaration for the update to the City’s Safety Element in that substantial changes are not proposed, the circumstances to which the General Plan was adopted have not changed, and no new information of substantial importance has arisen since the prior environmental documents have been certified. Furthermore, it has been determined that the proposed consolidation of safety goals and policies is exempt from the CEQA Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments are primarily limited to policy modifications and updates in compliance with Government Code Section 65302(g)1 through 9 and are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing a significant effect on the environment; and WHEREAS, the Planning Commission held a duly noticed public hearing on March 27, 2024 at 6pm on the subject Resolution and voted 6-0-1 to adopt Resolution No. 2024-06 regarding the amendments to the General Plan; and WHEREAS, the proposed amendment to the General Plan shall become effective upon adoption of this Resolution by the City Council; and Page 419 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City Council Resolution ____ April 23, 2024 Page 2 WHEREAS, the City Council set the time and place for a hearing on the subject General Plan amendments and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the hearing was held to consider said amendment to the General Plan at the time and place as advertised in the Council Chambers, 276 Fourth Avenue, before the City Council and the hearing was thereafter closed. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Chula Vista hereby finds and determines as follows: I. RECITALS INCORPORATED The City Council finds that the foregoing recitals are true and correct, and incorporates them by this reference. II. COMPLIANCE WITH CEQA The City Council finds, based upon the whole record that: (i) pursuant to CEQA Guidelines Section 15060(c)(2) the project will not result in a direct or reasonably foreseeable indirect physical change in the environment, and (ii) pursuant to CEQA Guidelines Section 15061(b)(3) it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. III. GENERAL PLAN INTERNAL CONSISTENCY The City Council finds and determines that the General Plan, as amended, is internally consistent and shall remain internally consistent following amendments thereof by this Resolution. IV. ADOPTION OF GENERAL PLAN AMENDMENTS In light of the findings above, the General Plan Amendment, specifically the amendments to establish the Safety Element, are hereby approved and adopted in substantially the form presented in Attachments 1-3, attached hereto and incorporated herein and on file in the City Clerk's Office. V. ADMINISTRATIVE ADJUSTMENTS The City Council authorizes the City Manager or designee to approve non-substantive adjustments to the General Plan Amendment presented in Attachments 1-3 in order to ensure consistent formatting and defined terms in relation to the entire General Plan. Page 420 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City Council Resolution ____ April 23, 2024 Page 3 VI. SEVERABILITY If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, then such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that the City Council would have adopted this Resolution, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sub-divisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional, invalid, or ineffective. Presented by Approved as to form By: Laura C. Black, AICP Marco A. Verdugo Director of Development Services City Attorney Attachments: 1 – Amendments to General Plan Public Facilities and Services Element 2 – Amendments to General Plan Environmental Element 3 – Draft Safety Element Page 421 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-i TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Purpose and Scope 1 1.2 Implementing the Vision and Themes 1 1.3 Relation to Other General Plan Elements and Policies 2 1.4 Related Plans and Programs 2 2.0 GOAL 4 3.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES 5 3.1 Water, Sewer and Drainage 5 Figure 8-1: Water Service Areas 6 Figure 8-2: Backbone Infrastructure for Wastewater Collection 8 3.1.1 Keeping Pace with Growth and Maintenance Needs (Water, Sewer, Drainage) 9 Figure 8-3: Drainage Improvements 10 3.1.2 Meeting Demand Through Alternative Technologies 12 3.1.3 Long-Term Water Supplies 13 3.1.4 Long-Term Sewer Capacities 15 3.2 Law Enforcement, Fire Protection, and Emergency Medical Services 16 Figure 8-4: Police and Fire Station Locations 17 3.2.1 Keeping Pace with Growth (Police, Fire Protection, and Emergency Medical Services) 18 Figure 8-5: Emergency Evacuation Routes 19 3.2.2 Emergency Response and New Development 21 3.2.3 Emergency Response Program 22 3.2.4 Post Emergency Response 23 3.3 Schools 24 Figure 8-6: Primary and Secondary Schools Serving the City of Chula Vista 25 3.3.1 Keeping Pace with Growth and Technology (School Facilities) 27 3.3.2 Site Location and Design (School Facilities) 28 3.4 Libraries 30 Figure 8-7: Existing and Proposed Libraries 31 3.4.1 Keeping Pace with Growth and Techology (Library Facilities) 32 Page 422 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-ii City of Chula Vista General Plan 3.4.2 Site Location and Design (Library Facilities) 33 3.4.3 Joint Use of School and Library Facilities 34 3.5 Parks and Recreation 35 Figure 8-8: City of Chula Vista List of Existing, Proposed, and Future Park & Recreation Facilities 36 Figure 8-9: Existing/Proposed Public Parks and Recreation Facilities 37 3.5.1 Keeping Pace with Growth (Parks and Recreation) 40 3.5.2 Meeting Park Demand 41 3.5.3 Regional Facilities in Otay Valley Regional Park 44 3.5.4 Chula Vista Landmark Park 45 Figure 8-10: Potential Landmark Park Locations 47 3.5.5 Joint Use of Park and School Facilities 48 3.6 Art and Culture, Childcare, Health and Human Services 49 3.61 City’s Role in Art and Culture, Childcare and Health Services 50 3.6.2 Future Chula Vista Cultural Arts Center 51 3.7 Civic Facilities 52 3.8 Energy 53 3.8.1 Powering Chula Vista 54 3.9 Telecommunications 56 3.10 Solid Waste 57 Figure 8-11: Solid Waste Facility 59 3.10.1 Providing for Solid Waste Disposal 60 Page 423 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-1 1.0 INTRODUCTION 1.1 Purpose and Scope The Public Facilities and Services Element establishes the City's plan to provide and maintain infrastructure and public services for future growth, without diminishing services to existing development. Public facilities collectively refer to utilities, such as: water; sewer; drainage; power; and telecommunications services. Public services collectively refer to schools; libraries; law enforcement; and fire protection. This element also includes public facilities and services that support and enrich the community, such as: parks and recreation centers; art and cultural facilities and programs; childcare opportunities; and health and human services. While state planning law requires cities to adopt specific elements in their general plans, the California Government Code does not require a public facilities and services element. However, the Code permits a general plan to include other elements and subjects that relate to the physical development of a city, such as public facilities (Section 65030). It also permits the inclusion of subjects that relate to quality of life, such as: parks and recreation; art and culture; childcare; and human services. Once an optional element has been adopted, it carries the same legal force and effect as a mandatory element. The Chula Vista Public Facilities and Services Element has been prepared under the provisions for optional elements and addresses those facilities and services needed by existing and future development. 1.2 Implementing the Vision and Themes The Vision for Chula Vista reflects the desire of the City to improve the community and meet the opportunities and challenges that lie ahead. Achieving this Vision requires that the City recognize that our businesses, neighborhoods, and communities depend on efficient and accessible public facilities and infrastructure. The Vision calls for ways to improve life in the City of Chula Vista, from strong communities, to enhanced resources, to exemplary facilities. The Public Facilities and Services Element helps implement the Vision by providing policies for development that ensure that public facilities keep our city running smoothly, public services that protect and enrich the lives of our citizens and provide a healthy and sustainable community for everyone . Page 424 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-2 City of Chula Vista General Plan 1.3 Relation to Other General Plan Elements and Policies The Public Facilities and Services Element is directly related to the Land Use and Transportation Element through the distribution of land uses and circulation routes and the provision of safe and convenient access to recreational opportunities. Public utility infrastructure must support the varied land uses and often shares the same rights-of-way with circulation roads. The Public Facilities and Services Element is related to the Economic Development Element, the Growth Management Element and the Implementation Chapter with regards to providing appropriately timed facilities and achieving overall fiscal health. Finally, the Environmental Element addresses water conservation and recycling, which relate to overall water demand addressed in the Public Facilities and Services Element. 1.4 Related Plans and Programs As described below, several plans and programs influence public facilities and services in Chula Vista. Growth Forecasts While new construction in eastern Chula Vista has dominated the production of additional housing in the City in recent years, (and this is expected to continue over at least the near term) an increasing proportion of new housing stock in western Chula Vista is forecast over the longer term. This growth in new, as well as in older areas of the City, will impact the provision of public services and facilities. The City maintains short-term and mid-term population projections as planning tools. As discussed in the Chula Vista in Perspective chapter, the City's population estimate as of January 1, 2004 is 209,100, representing a 20 percent increase since the year 2000 census. Based on this General Plan, the City's population would reach approximately 300,000 by the year 2030. Regional Comprehensive Plan The San Diego Association of Governments, or SANDAG, serves as the forum for decision-making on regional issues, such as housing and transportation in San Diego County. The Regional Comprehensive Plan (RCP) was prepared under SANDAG's umbrella to provide a long-term planning framework in the San Diego Region. The RCP addresses how and where projected growth should occur, while providing ahigh quality of life for existing and future residents. The plan balances the need to accommodate regional population, housing, and employment growth with habitat and open space preservation and public facility and service needs. Page 425 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-3 The RCP prioritizes public investment in areas that support the preferred direction for regional growth. It relies, to a large extent, on other agencies, such as local governments and other providers of public facilities and services, to carry out the Plan in a collaborative manner. The City's General Plan supports relevant RCP policy objectives and actions. Long Range Plans Most of the service providers identified in this element maintain long-range service plans that identify the infrastructure improvements needed to serve new development. These long-range service plans, often called Facility Master Plans, have been used to prepare this element . While not a part of the adopted General Plan, the various long-range service plans implement its goals, objectives, and policies. . Page 426 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-4 City of Chula Vista General Plan 2.0 GOAL The overall goal of the Public Facilities and Services Element is to: Provide and maintain public facilities and services within Chula Vista through abundant public infrastructure and community services that support and enhance the well-being of the city and all of its residents. Page 427 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-5 3.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES There are several planning factors involved in achieving the goal of the Public Facilities and Services Element. Such factors are described in Sections 3.1 - 3.10.1 of this element. Each factor has at least one objective, or focused goal, and each objective has at least one policy, which describes how the City will meet the objectives. 3.1 Water, Sewer and Drainage Water Infrastructure San Diego County is a semi-arid landscape with a Mediterranean climate. The majority of the region's water supply must be imported in order to provide for demands from agriculture; population; commercial/industrial development; and public entities. Water availability has long been a point of consideration for development in Chula Vista. Chula Vista has historically received the majority of its water supply from the San Diego County Water Authority (CWA). The CWA generally imports from 75 to 95 percent of this water from the Metropolitan Water District (MWD) of Southern California. Water imported to the region comes from two primary sources: the Colorado River, through the 240 -mile Colorado River Aqueduct; and the State Water Project from Northern California, through the Sacramento -San Joaquin River Delta and the 444-mile California Aqueduct. These sources deliver water to the MWD, which then distributes water supplies to districts throughout the Southern California region, including the CWA. The CWA is comprised of 23 member water agencies and water districts, including two that serve Chula Vista: Otay Water District and Sweetwater Authority. A third water agency, the California American Water Company, also provides water to a small portion of the Chula Vista planning area, but is not a member of the CWA (see Figure 8-1, Water Service Areas). The three districts vary in size and age of infrastructure but are all expected to conform to the same quality and service standards established by the State Department of Health Services (DHS) and the federal Clean Water Act. In addition to providing water supplies, these agencies provide emergency storage systems and implement conservation efforts. Sewer Infrastructure Sewer services are essential for public health, safety, and welfare. The City maintains and operates sewer facilities that feed into a larger regional system for treatment and disposal. Chula Vista Page 428 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-6 City of Chula Vista General Plan relies on the City of San Diego Metropolitan (Metro) Sewage System for treatment and disposal of the wastewater generated within the General Plan area. Page 429 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 430 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Figure 8-1 Page PFS-6 Water Service Areas NORTH N.T.S. Page 431 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page PFS-7 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Drainage facilities are public improvements to control stormwater runoff so that peak runoff does not threaten public health and safety in the form of flooding and erosion. Chula Vista's current wastewater collection system consists of seven major sewer basins, including: Sweetwater and G Street Basins in the northern part of the City; Telegraph Canyon and the Main Street- Date-Faivre Basins in the southern part of the City; Bayfront Basin in the west; and Salt Creek and Poggi Canyon Basins in the east. The City of Chula Vista currently operates and maintains approximately 400 miles of sewer pipelines, ranging in size from 6 inches to 48 inches in diameter, and an extensive network of manholes; metering stations; pump lifts; and lift stations (see Figure 8-2, Backbone Infrastructure for Wastewater Collection). In addition to maintaining the existing systems and replacing outdated or damaged components, the City must also address system upgrades and expansions to accommodate new sewer connections, especially in the eastern portion of the City. Completion of the Salt Creek Gravity Sewer Interceptor will provide additional capacity in eastern Chula Vista. Preliminary design plans for construction of the Wolf Canyon Trunk Sewer, a tributary to the Salt Creek Basin, are also being prepared. This improvement will serve development projects in the Wolf Canyon Basin. The City has purchased 19.8 million gallons per day (mgd) of capacity rights in the Metro Sewage System. Based on existing conditions in 2004, the City discharges approximately 16.6 MGD into the Metro Interceptor. Based on flow analyses, it is estimated that by the year 2030, the City will generate approximately 26.2 mgd of sewage. The City is working with Metro to acquire additional treatment capacity to meet this demand. Drainage Infrastructure Drainage facilities are public improvements to control storm water runoff so that peak runoff does not threaten public health or safety in the form of flooding and erosion. The City maintains strict requirements for sediment control from water runoff. These requirements are found in various programs and policies, including The City of Chula Vista Grading Ordinance; Subdivision Manual; Storm Water Management Standards Requirements Manual; development and redevelopment projects; and “Best Management Practices” (BMP) requirements for construction sites. In Chula Vista, several drainage basins and improvements accommodate drainage through an extensive system containing miles of storm water pipelines; box culverts; lined and natural channels; and water detention facilities. The condition of the overall drainage system is continually monitored for any major deficiencies or problems. In addition to maintaining the existing system and replacing outdated or damaged components, the City must also address upgrades and expansions to accommodate new collection areas and increased drainage flows from new development, especially in the east. Page 432 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Figure 8-1 Page PFS-8 Backbone Infrastructure for Wastewater Collection Proposed G.P. Amendment NORTH N.T.S. Page 433 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-9 The City of Chula Vista includes 16 major drainage basins. Figure 8-3 shows major drainage improvements that handle storm water runoff in the City. Based on existing conditions in 2004, current facilities have adequate capacity for short-and mid-term development, defined as projected growth, within the 18-month and 5-year time frames. Long-term build-out includes major development in the eastern sections of the City that will add significant amounts of storm water to the existing system. Chula Vista is part of the San Diego watershed area. The San Diego watershed area's National Pollutant Discharge Elimination System (NPDES) permit requires that all runoff be treated so that pollutant levels at the storm water outfalls are minimized to the maximum extent practicable. Subsequently, drainage infrastructure may need to be constructed or modified to insure that “first flush” pollutants are captured and treated during significant rainfall events. It is the City's intent to establish a priority program through the Chula Vista Storm Water Management Unit. Typically, NPDES on-site detention/desiltation facilities will be required on development projects. The City will maintain its ability to enforce adequate maintenance of these facilities. The Environmental Element also addresses drainage issues throughout the City as they relate to water quality. 3.1.1 Keeping Pace with Growth and Maintenance Needs (Water, Sewer, Drainage) The City and its servicing districts strive to maintain existing water, sewer and drainage facilities to meet current and future demand, and to comply with federal, state, and local requirements. The eastern sections of the City are being developed as master planned communities according to General Development Plans that greatly increase the ability to predict and accommodate growth. Knowledge of future zoning and population density increases in established areas allow the City and service districts to schedule and construct needed improvements. The challenge posed by new development is to extend service to unserved areas, keep pace with construction, and adjust for changes in the designated zoning or density. The challenge posed by density increases in older parts of the City system is to repair existing deficiencies and maintain, and possibly upsize, older infrastructure. Over time, as the City continues to expand and additional water, sewer, and drainage facilities are added, the demand for maintenance, along with associated fiscal impacts, will also grow. Page 434 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Drainage Improvements NORTH N.T.S. Figure 8-3 Page PFS-10 Page 435 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-11 Ensure adequate and reliable water, sewer, and drainage service and facilities. Policies PFS 1.1 PFS 1.12 PFS 1.23 Coordinate with water districts by providing growth forecast information to allow the districts to plan and design water facilities and ensure adequate supply needed to accommodate anticipated growth. Plan for adequate systems and facilities to manage the City's wastewater generation, treatment, and disposal. Plan and design drainage facilities, and upgrade existing facilities, as necessary, to meet current needs, accommodate growth, and satisfy state and federal requirements. PFS 1.34 For new development, require on-site detention of storm water flows such that, where practical, existing downstream structures will not be overloaded. Slow runoff and maximize on-site infiltration of runoff. PFS 1.45 PFS 1.56 PFS 1.67 Accelerate infrastructure upgrades throughout the City, especially in older portions of western Chula Vista as growth places additional demands on existing, potentially sub-standard facilities. To avoid recently improved streets from being torn up repeatedly, maintain a comprehensive facility phasing and capital improvement program. The program should be based on anticipated land development and be conducted in coordination with all utilities. Identify ways to obtain timely funding for public facility and service needs. Upon request by community representatives, facilitate the possible formation of assessment districts to finance public infrastructure, upgrades, and maintenance. Page 436 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-12 City of Chula Vista General Plan 3.1.2 Meeting Demand Through Alternative Technologies Growth will generate increased demand for water delivery and for sewer and drainage systems throughout the City. Water will continue to be a limited resource in semi-arid southern California. The ability to treat wastewater will be affected by the limitations of the San Diego Metro system. Drainage facilities will need to handle increased storm water runoff and potential pollutants in the face of increased growth and diminishing supplies of land. Building more infrastructure and acquiring more capacity can and should be offset by using alternative technologies to handle demand both in the older, established parts of the city and in the newly developing areas. The following objective and policies address meeting resource and service demands through use of alternative technologies. An important and related topic, reducing demand through conservation measures, is discussed in more detail in the conservation portion of the Environmental Element, Chapter 9 of this General Plan. Increase efficiencies in water use, wastewater generation and its re -use, and handling of storm water runoff throughout the City through use of alternative technologies. Policies PFS 2.1 PFS 2.12 PFS 2.23 Promote and encourage local water resource development and explore all opportunities for viable water supplies, including desalination. If appropriate, reserve suitable land areas to accommodate such potentially viable facilities and to protect groundwater sources and water storage aquifers. As part of project construction and design, assure that drainage facilities in new development incorporate stormwater runoff and sediment control, including state - of-the-art technologies, where appropriate. In designing water, wastewater, and drainage facilities, limit the disruption of natural landforms and water bodies. Encourage the use of natural channels that simulate natural drainage ways while protecting property. Page 437 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-13 3.1.3 Long-Term Water Supplies Based on water rates used by the Otay Water District and the Sweetwater Authority, projected water demand for the City at buildout of update areas under this General Plan is 23.92 million gallons per day (mgd). The California Water Code requires all urban water suppliers within the state to prepare urban water management plan(s) and update them every five years, in years ending in five or zero. The plans are to identify supply and demand, infrastructure and funding. In accordance with state law, the County Water Authority (CWA) adopted an Urban Water Management Plan in 2000 and updated it in 2005. The 2000 Plan forecasts total projected water demand for the entire area served by the CWA as 813,000 acre-feet of water in the year 2020. This figure includes municipal, industrial, and agricultural demand, and is adjusted for conservation savings. The report estimates total projected local water supplies in the year 2020 as 223,500 acre-feet. Local water supplies include surface water; water recycling; groundwater; and seawater desalination. Through a shortage contingency analysis, the report also concludes that the CWA and its member agencies, through Emergency Response Plans (ERP) and Emergency Storage Projects (ESP), are taking actions to prepare for and appropriately handle a catastrophic interruption of water supplies. While the CWA relies almost entirely on water imported from outside the region, the Sweetwater Authority has historically imported less than half of its water to meet demand. Sweetwater Authority’s remaining supply has been from two large local surface water reservoirs, Sweetwater and Loveland, that store surface runoff from the Sweetwater River. Sweetwater Authority also adheres to development of additional local resources, such as groundwater pumping and groundwater desalination. As our City grows, the need to identify the long-term supply of water continues. Ensure a long-term water supply to meet the needs of existing and future uses in Chula Vista. Page 438 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-14 City of Chula Vista General Plan Policies PFS 3.1 PFS 3.2 PFS 3.3 PFS 3.14 Assist Chula Vista’s water agencies in preparing and maintaining Urban Water Management Plans that identify water demand anticipated by existing and new development. Coordinate with water providers on long-range planning programs. Participate in existing and future regional planning programs for water treatment, reclamation, and distribution. Encourage the development of new technologies and the use of new sources to meet the long-term water demands in Chula Vista. Page 439 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-15 3.1.4 Long-Term Sewer Capacities The City maintains and regularly updates a Wastewater Management Plan to evaluate the adequacy of the existing wastewater collection system to sustain the long -term growth of the City. The Wastewater Management Plan helps the City budget for Capital Improvement Projects (CIP), allocate resources for the acquisition of additional sewage capacity, and determine the short and long-term sewer capacity needs of the City. Provide long-term wastewater treatment capacity to meet the needs of existing and new development in Chula Vista. Policies PFS 4.1 PFS 4.2 PFS 4.3 Continually monitor wastewater flows and anticipate future wastewater increases that may result from changes in adopted land use patterns. Participate in regional decision-making to expand existing regional sewage systems and control growth in wastewater treatment demand. Actively participate in the San Diego Metropolitan Sewage System (Metro) wastewater expansion planning process, and, where appropriate, evaluate reasonable alternatives in order to reduce Chula Vista's dependence on Metro. Objective - PFS 4 Page 440 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-16 City of Chula Vista General Plan 3.2 Law Enforcement, Fire Protection, and Emergency Medical Services In the City of Chula Vista, fire protection and emergency medical services are provided by the Chula Vista Fire Department, and law enforcement services are provided by the Chula Vista Police Department. Fire stations are dispersed throughout the City, while police facilities are centered in headquarters located in downtown Chula Vista (Figure 8-4 Police and Fire Station Locations). The current Fire Station Master Plan calls for nine fire stations, eight of which have been constructed. The Master Plan is being updated to reflect changes to respond to a revised set of performance criteria proposed in the Fire Department Strategic Plan. Therefore, the number and location of future fire stations, along with how they are equipped, may change. To maintain the high level of dependable, competent fire protection and emergency medical services our City enjoys, several strategies will continue to be employed. The City will continue to use a growth related service standard to help determine if public safety is adequately protected. Fire Department staffing and equipment will continue to be expanded, as needed, to meet the service standard and to minimize hazards to the firefighters and public, in conformance with changes to the updated Fire Department Master Plan. The Fire Department will continue to enhance its capabilities and staffing through mutual aid agreements with fire departments in the surrounding communities. Similar strategies also facilitate the provision of law enforcement services that meet our City's needs. The Department will continue to monitor calls for service, analyze crime statistics and resident survey data, and make changes in staffing and patrols to reflect the growing community's needs. Effective fire protection and emergency medical and law enforcement services require two-way relationships with the community. Staff must understand the unique needs and conditions in the community and the community must lend support to the various programs and efforts of the Police Department and Fire Department. The City encourages active participation by the Fire and Police Departments in all facets of community life, including involvement in area business, senior and youth activities. Disaster and Emergency Response Program State regulations establish the Standardized Emergency Management System, (SEMS). The system includes requirements for incident command systems; multi-agency coordination systems; mutual aid agreements; and the “operational area” concept. As an agency (municipality) with emergency response capability within the state, Chula Vista is required to use the SEMS system. Chula Vista provides for the preparation and execution of plans for the protection of persons and property within the City in the event of an emergency (Chula Vista Municipal Code, Chapter 2.14, Page 441 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Police and Fire Station Locations NORTH N.T.S. Figure 8-4 Page PFS-17 Page 442 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-18 City of Chula Vista General Plan Emergency Organization Department). The Code requires coordination of the emergency functions of the City with other public agencies, corporations, and organizations. There may be occasions when a limited scale evacuation is the appropriate response to an emergency situation. Under these circumstances, people should be evacuated to neighborhood and community schools, hospitals, and public facilities, where they could receive adequate care and treatment. In the event of a major disaster, where a large part of the City may require evacuation, the following circulation routes, as shown in Figure 8-5, may be used: • Interstate 5; Interstate 805; State Route 54; and State Route 125 • E, H, J and L Streets; Bonita Road; Telegraph Canyon Road; Olympic Parkway • Naples, Palomar and Main Streets; Orange Avenue • Broadway; Fourth Avenue; Hilltop Drive; Oleander Avenue; Third Avenue; Melrose Avenue; Otay Lakes Road; and Heritage Road. Federal law (Disaster Management Act 2000) requires that, in order to remain eligible for post- disaster Federal Emergency Management Agency (FEMA) funding after November 2004, every jurisdiction in the United States must have an approved Hazard Mitigation Plan (HAZMIT plan) to address the management of, and response to, emergency situations. In addition, to be eligible for pre-disaster FEMA funding for use in hazard mitigation, each jurisdiction's approved HAZMIT Plan must include the planned uses of those funds. The City of Chula Vista adopted a HAZMIT Plan in May 2004 to help mitigate impacts to the City in the event of a natural or man-made disaster. The City's HAZMIT Plan was included in the San Diego County Multi-Jurisdictional HAZMIT Plan submitted to FEMA for approval in compliance with Federal law. 3.2.1 Keeping Pace with Growth (Police, Fire Protection, and Emergency Medical Services) The City of Chula Vista has experienced significant residential growth over the last decade. The majority of new growth has occurred in the east, where continued relatively high growth is expected in the coming years, along with density increases in the west. Fire protection, emergency medical service and police services will need to expand to match the demand brought on by this anticipated growth. Chula Vista adopted a HAZMIT Plan in May 2004 to help mitigate impacts to the City in the event of a natural or man-made disaster. Page 443 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Emergency Evacuation Routes NORTH N.T.S. Figure 8-5 Page PFS-19 Page 444 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-20 City of Chula Vista General Plan Maintain sufficient levels of fire protection, emergency medical service and police services to protect public safety and property. Policies PFS 5.1 PFS 5.2 PFS 5.3 PFS 5.4 PFS 5.5 PFS 5.6 Continue to adequately equip and staff the Fire Department to ensure that established service standards for emergency calls are met. Upgrade fire and emergency medical equipment, as required, to protect the public from hazards and to ensure the safety of firefighters. Support the provision of new fire stations, as deemed necessary through the existing or updated Fire Station Master Plan. Provide adequate law enforcement staff and equipment pursuant to Police Department strategic plans to meet established service standards. Explore the need to establish local, community-based satellite or storefront police offices to enhance community well-being. Encourage crime watch programs in all neighborhoods. PFS 5.7 PFS 5.8 Prior to approval of any discretionary projects, ensure that construction is phased with provision of police and fire protection services such that services are provided prior to or concurrent with need. Require that the Police and Fire Departments maintain active participatory roles in the community. maintains one police headquarters, located in the western portion of the City. If appropriate, the department could establish satellite storefront offices to provide a presence in other neighborhoods. Page 445 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-21 3.2.2 Emergency Response and Development General Plan policies and Growth Management standards tie new development and redevelopment to the provision of adequate public facilities and services, including police and fire protection. Due to rolling terrain and varied topography, some new developments have winding streets and irregular layouts instead of the grid pattern found in older, traditional neighborhoods. Some design characteristics, such as narrow street widths, aim to create walkable communities, serve to establish an overall neighborly atmosphere, and tend to reduce traffic speeds. In mixed use neighborhoods, density increases may result in taller buildings. The evolving urban form and the cumulative increase in development will affect emergency service response times as well as the equipment, facilities and personnel needed for fire and police services. Crime Prevention Through Environmental Design (CPTED) is a method of incorporating design techniques into projects to help reduce the potential for crime. CPTED is used in the development of parks; residential and commercial projects; schools; transit stations; and parking lots to reduce the number of calls for service. The reduced call volume may favorably impact response times. CPTED includes the use of four primary strategies: • Providing natural access control into areas; • Improving natural surveillance (i.e., Increasing “eyes on the street”); • Maintaining and managing a property to reduce crime and disorder; and • Using territorial reinforcement to distinguish private space from public space. Provide adequate fire and police protection services to newly developing and redeveloping areas of the City. Policies Page 446 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-22 City of Chula Vista General Plan PFS 6.1 PFS 6.2 PFS 6.3 Continue to require new development and redevelopment projects to demonstrate adequate access for fire and police vehicles. Require new development and redevelopment projects to demonstrate adequate water pressure to new buildings. Encourage Crime Prevention Through Environmental Design (CPTED) techniques in new development and redevelopment projects. 3.2.3 Emergency Response Program A Citywide emergency response program provides the framework for responding to any type of emergency or disaster that might occur in Chula Vista. Accomplishing efficient emergency response involves coordination with other agencies regarding disaster preparedness; preparation and regular update of the emergency response plan; education of residents and businesses about the plan and about evacuation routes; and periodic training of City staff and other emergency response staff to effectively implement the plan. Develop pre-disaster programs to ensure swift and efficient response to emergencies and disasters. Policies PFS 7.1 Implement a Citywide Emergency Response Plan to respond to local and regional emergencies, maintain and update it as needed to respond to changes in emergency response systems and threats to public safety. Identify minimum widths for the roads and for vegeation-clear areas for the identified evacuation routes. Page 447 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-23 PFS 7.3 Educate the community about emergency preparedness and evacuation routes. PFS 7.4 PFS 7.5 Prepare, maintain, and implement a current Hazard Mitigation Plan, in compliance with Federal law. When applicable and available, apply for Hazard Mitigation Grant Program funding from FEMA, with reference to the HAZMIT Plan 3.2.4 Post Emergency Response In the event of disasters and emergencies, a swift and efficient response minimizes injuries, casualties, and property damage. Planning post- disaster operations ensures the safety, health, and welfare of our residents by allowing critical operations to continue as expeditiously and efficiently as possible following a catastrophic event. Post-disaster analysis will help our City improve safety plans and responses. Provide for the efficient and effective delivery of public health, safety, and welfare services in post-disaster situations. Policies PFS 8.1 PFS 8.2 Cooperate with local, state, and federal agencies, and with emergency response organizations such as the Red Cross, to ensure temporary housing for displaced residents following an emergency or disaster situation. Within six months of any area-wide disaster, analyze the response, the Citywide Emergency Response Plan, and the HAZMIT Plan, and propose revisions as needed.. Formatted: Normal, Indent: Left: 0.13", Space Before: 2.95 pt Page 448 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-24 City of Chula Vista General Plan PFS 8.3 PFS 8.4 Develop post-disaster development regulations to assist displaced residents to rebuild damaged and destroyed structures as expeditiously as possible. In the event of a disaster in Chula Vista, apply for and obtain Federal funding From FEMA, as applicable, to augment recovery efforts in the community. 3.3 Schools Excellent schools are assets to any community. Two school districts serve the City: Chula Vista Elementary School District (CVESD) operates kindergarten through sixth grade and; Sweetwater Union High School District (SUHSD) operates junior and senior high schools, and ancillary programs. Higher education is available through Southwestern Community College. The City is also pursuing development of a four-year college or university. As of 2004, the CVESD operate 42 schools and the SUHSD operated 26 schools, both within and outside the boundaries of the City of Chula Vista (Figure 8-6). Both districts actively plan for modernization and expansion of campuses to accommodate anticipated increases in enrollments. The CVESD, in particular, has completed improvements to almost all its schools in the older, western portion of the City through modernization programs and bond issues. The SUHSD, likewise, prepared modernization plans in preparation for construction in 2005. Both districts serve a diverse population beyond Chula Vista's City limits, including the San Diego County communities of Bonita and Sunnyside, and the southern portion of the City of San Diego. Enrollments in 2004 were 26,195 for CVESD and over 41,000 for SUHSD (Growth Management Questionnaire). Approximately 45 languages are spoken in the districts, and more than one-third of the student population consists of English language learners. Efforts to accommodate high enrollments include the use of modular/relocatable classrooms. Schools are designed to accommodate these modular units during temporary spikes in student enrollment. The school districts provide many educational programs and facilities. In addition to traditional instruction, Family Resource Centers are located on the sites of four elementary schools (as of 2004). These Centers offer various community services, including: case management; counseling; emergency food; assistance with health insurance and other applications or forms; job search help; and employment internships. Also in place through the school districts are programs for Two school districts serve the City: Chula Vista Elementary School District (CVESD) and Sweetwater Union High School District (SUHSD). Page 449 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Existing Primary and Secondary Schools Serving Chula Vista LEGEND City of Chula Vista Boundary Other Cities Boundary Elementary School District Boundary High School District Boundary Water Bodies E Elementary School M Middle School H High School A Adult School CC Community College NORTH N.T.S. Figure 8-6 Page PFS-25 Page 450 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 451 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-27 professional development, model technology; pre-service bilingual teacher training; dual language acquisition; state-funded preschool programs; and extended day childcare. Chula Vista has actively pursued the possibility of locating a university within its boundaries, as a University of California campus or another public or private institution. As of 2004, the City identified approximately 1,250 acres in the Otay Ranch/Salt Creek area of the City as a site for a potential institution of higher education. 3.3.1 Keeping Pace with Growth and Technology (School Facilities) Demand for school facilities will continue to increase as our City's population grows. Eastern Chula Vista's residential growth between 2000 and 2003, was high, with continued high growth expected. In addition, population growth in western Chula Vista may impact existing, older school facilities. Modernization of school campuses is expected to continue as the school districts plan for facility improvements. Technology continues to change the work place and the social and cultural environments of our community. The school system, which helps shape our children and our future, must keep pace with the needs of a changing workforce and technological world. While the development and siting of schools falls under the jurisdiction of the local school districts, not the City, it is the City's intent to facilitate the district's efforts to provide school services. Develop schools that cultivate and educate people of all ages, that meet the needs of the workforce, and that serve as community centers. Policies PFS 9.1 Coordinate with local school districts during review of applicable discretionary approval to provide adequate school facilities, to meet needs generated by development, and to avoid overcrowding, in accordance with the guidelines and limitations of Government Code 65996(b). Page 452 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-28 City of Chula Vista General Plan PFS 9.2 PFS 9.3 PFS 9.4 PFS 9.5 Encourage the consideration of new approaches to accommodate student enrollments, including alternative campus locations and education programs. Assist school districts in identifying and acquiring school sites for new construction in needed timeframes. Assist school districts in identifying sources of funding for the expansion of facilities in western Chula Vista, as needed, based on growth. Work closely with the school districts to identify needs for public education facilities and programs, including developing and expanding extra-curricular recreation and educational programs for primary, secondary and adult education, and providing state-of-the-art information services 3.3.2 Site Location and Design (School Facilities) This General Plan identifies only generalized locations for future school facilities. Specific parcels are not identified or zoned for these public uses. This allows flexibility in the development process to ensure adequate acreage, proper access, and appropriate design. School districts control site selection and school design. In all instances, safe pickup and dropoff of students is a primary concern. Schools are generally designed with the intent of adding modular units to accommodate temporary spikes in student enrollment. While both Chula Vista school districts use this strategy, drawbacks include the fact that the units displace parking, open space and recreation areas. Some schools in western Chula Vista are already running out of limited open space and have no room to expand their campuses in their current land locked locations. Page 453 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-29 Efficiently locate and design school facilities. Policies PFS 10.1 PFS 10.2 PFS 10.3 PFS 10.4 Coordinate and make recommendations to the school districts and property owners and developers on the location, size, and design of school facilities relative to their location in the community. Encourage school districts to consider joint use and alternative structural design, such as multi-story buildings, where appropriate. Coordinate with the school districts to maximize student safetyat school campuses and public library facilities. Require that proposed land uses adjacent to a school site be planned in such a manner as to minimize noise impacts and maximize compatibility between the uses. Encourage the central location of new schools within the neighborhoods or areas they serve so as to further community development and enhance the quality of life. PFS 10.5 Coordinate with the school districts on the design of school grounds, gymnasiums and sports fields to provide for access and use of these facilities by the City’s Youth Sports Council member organizations and the surrounding community. PFS 10.6 Consider siting elementary schools adjacent to neighborhood parks, where feasible, to allow for expanded use of the school grounds and classrooms by the general public and the park area by the school children. Page 454 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-30 City of Chula Vista General Plan 3.4 Libraries Successful library systems serve to increase knowledge and enrich lives within the community by equitably connecting people to programs, services, and resources. The Chula Vista Public Library, created in 1891, twenty years before the City of Chula Vista was formally chartered, is an integral part of the City. Three library facilities serve our community: Civic Center Branch, Eastlake Branch, and South Chula Vista Branch. As of 2004, these facilities comprised a total of 102,000 square feet of library space, including support and administrative space. A fourth facility, located in Bonita and operated by the County of San Diego, also serves Chula Vista residents (Figure 8-7). The Civic Center Branch Library is the system's largest facility, and has many unique resources, including city and local history information, environmental impact reports, and genealogy resources. The South Chula Vista Branch Library is one of the most attractive, dramatic, and functional libraries constructed in the last ten years. It includes the latest in technology and a strong collection of popular media. This branch serves as a model library and hosts regular tours of officials from other jurisdictions. The Eastlake Branch Library is a joint-use facility between the Chula Vista Public Library and the Sweetwater Union High School District. Housed in a building in the rear area of the Eastlake High School campus, the facility serves as the High School Library during the school day, and as a public library during non-school hours. In 2001, the Chula Vista Public Library developed a strategic plan to provide a blueprint for library service over the next five years, and to focus priorities and resources to ensure that Chula Vista residents receive the highest quality library service possible. Planning is underway to develop a facility to serve the northern and eastern portion of the City, including the Rancho Del Rey, Eastlake, and Otay Ranch neighborhoods. A new branch of the Chula Vista Public Library is expected to open to the public in late 2007 or early 2008. Although not formally counted as part of the library, the Civic Center Branch also oversees the operation of the approximately 500-square-foot Chula Vista Heritage Museum on the edge of Memorial Park. The mission of the Heritage Museum is to locate; collect; display; preserve; and record materials of local historic interest to the South San Diego Bay communities. The museum collection has expanded beyond its available square footage and, therefore, uses the Civic Center Branch basement to store and process photos and memorabilia. The Educational Services Division, formed in 1998, oversees the literacy programs and the STRETCH and DASH after school-programs. The Office of Cultural Arts Division is responsible for fostering a community-wide appreciation of the arts, producing arts events, and providing administrative and technical support to local arts groups. Planning is underway to develop a facility to serve the northern and eastern portion of the City, including the Rancho Del Rey, Eastlake, and Otay Ranch neighborhoods. Page 455 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Existing and Proposed Libraries NORTH N.T.S. Figure 8-7 Page PFS-31 Page 456 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-32 City of Chula Vista General Plan 3.4.1 Keeping Pace with Growth and Technology (Library Facilities) Demand for library facilities will continue to increase as the City's population grows in both the eastern areas of the City, through new development, and in the older western areas, through redevelopment and density increases. The library system must remain relevant as technology continues to change our work, social, and cultural environments. The timely development and equipping of Chula Vista libraries will continue to be an important goal of the City. Provide a library system of facilities and programs that meets the needs of Chula Vista residents of all ages. Policies PFS 11.1 PFS 11.2 PFS 11.3 PFS 11.4 PFS 11.5 During review of land use issues requiring discretionary approval, coordinate with the City of Chula Vista Public Library to provide adequate library facilities that meet the needs generated by development. Within five to eight years encourage an update to the Chula Vista Public Library Facilities Master Plan. In needed timeframes assist the Chula Vista Public Library in identifying and acquiring library sites for new construction. Assist the Chula Vista Public Library in identifying sources of funding for the expansion of facilities in western Chula Vista as needed, based on growth. Work closely with the Chula Vista Public Library to identify needs for public outreach programs, including developing and expanding extra-curricular recreation and educational programs, and providing state -of-the-art information services. Objective - PFS 11 Page 457 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-33 3.4.2 Site Location and Design (Library Facilities) Community surveys show that location is the single most important reason that residents choose to use a particular public library. Criteria for siting new library facilities include proximity to community activity centers, high visibility from the street, and adequate vehicular or transit access to the site. This General Plan identifies only generalized locations for future library facilities. Specific parcels are not identified or zoned, thereby allowing flexibility in the development process to ensure adequate acreage, proper access, and appropriate design. Efficiently locate and design library facilities. Policies PFS 12.1 PFS 12.2 Coordinate and make recommendations to the Chula Vista Public Library and property owners/developers on the location, size and design of library facilities relative to their location in the community. Maximize customer safety at public library facilities. PFS 12.3 Require that proposed land uses adjacent to a library site be planned in such a manner as to minimize noise impacts and maximize compatibility between the uses. Objective - PFS 12 Page 458 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-34 City of Chula Vista General Plan 3.4.3 Joint Use of School and Library Facilities Increased residential densities and intensity of development in western Chula Vista, as well as continued development in eastern Chula Vista, will result in an increased demand on school and library facilities. Creative methods to meet this increased demand will be pursued by the City. One opportunity would be joint-use facilities where school and library resources mutually benefit. A public library facility associated with any four-year university or college that ultimately locates in the City could be a positive joint-use venture. Future joint use facilities will be designed to ensure proper accessibility. Use alternative site location and design methods, including joint use of facilities, to meet the school and public library needs of the City. Policies PFS 13.1 PFS 13.2 PFS 13.3 Consider and suggest joint-use of school and public library facilities, where feasible, especially at high schools and institutions of higher learning. Ensure that operation of joint-use facilities provides adequate and safe child supervision consistent with school district policies. Encourage the maintenance of safe access, clear signage, and sufficient parking for joint-use school and public library facilities. Objective - PFS 13 Page 459 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-35 3.5 Parks and Recreation Parks and recreation facilities and programming are essential to the health and welfare of those living and working in the City of Chula Vista. Parks can provide a relief from the stress of daily life and contribute to neighborhood engagement, economic development community revitalization and the health and sustainability of the community. Figure 8-9 shows existing and future approved parks and recreation facilities. The different types of parks and recreation facilities found in Chula Vista are described below. This section includes policies and objectives related to providing a variety of well maintained, safe and accessible active and passive recreational uses city -wide. Regional parks are large open space and recreational facilities, and include uses such as public golf courses; beaches; lakes; trails; campgrounds; and wildlife refuges. As of 2004, Chula Vista had over 9,433 undeveloped acres of regional parks, including significant portions of the Sweetwater and Otay River Valleys and the Otay Reservoirs. The se make up a significant portion of the Chula Vista Greenbelt, a concept first introduced in the 1989 General Plan. Community parks, designed to serve more than one neighborhood, are ideally 30 or more acres and provide a wide variety of facilities including: swimming pools; playing fields; recreation centers; cultural centers; and picnic areas. The City's six community parks range in size from 15 to 60 acres. The 59.9-acre Rohr Park could be considered a regional park for the South Bay, given its location and amenities. As of 2004, the City had over 177 acres of community parks. Neighborhood parks, intended to serve local residents, range in size from 5 to 15 acres, and include open play space, playing fields, play equipment, and picnic areas. As of 2004, the City had approximately 195 acres of neighborhood parks within walking distance of the residents they serve. Mini-parks consist of both public and private facilities, are typically less than four acres in size, serve a smaller number of homes, and contain very limited facilities, such as a tot lot or play structure and some grass play area. Public mini parks are typically located in the older western portion of the City. Private mini-parks, including common useable open space areas, are typically located east of Interstate 805 in new master planned communities and are not considered for public park credit. Approximately 20 acres of public mini-parks are in existence as of 2004. Urban parks are generally located in urban downtown areas and may contain facilities such as: public plazas; tot lots; play structures; public art features; sports courts (such as basketball or tennis); walking/jogging trails; dog walk areas; picnic or seating areas; some grass play area; and trees. Urban parks, which primarily only occur west of Interstate 805, where infill and redevelopment activity is likely to occur, may be considered for public park credit as a necessary component of Community parks, designed to serve more than one neighborhood, are ideally 30 or more acres and provide a wide variety of facilities. Page 460 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 1 Bayside/Marina Park 2 Unnamed Park-Bayfront Harbor Subarea 3 Bay Boulevard Park 4 Eucalyptus Park 5 Unnamed Park-Lower Sweetwater 6 Unnamed Park-Harbor View 7 Unnamed Park-Downtown 8 Will T. Hyde/Friendship Park 9 Norman Park 10 Norman Park Center 11 Chula Vista Memorial Park 12 Chula Vista Memorial Park Community Center 13 Hilltop Park 14 Lancerlot Park 15 Haborside Park 16 Unnamed Park-Palomar Gateway 17 Unnamed Park-Oxford Town Focus 18 Lauderbach Park 19 Community Youth Center 20 Palomar Park 21 Sherwood Park 22 SDG&E Park 23 Loma Verde & Orange Avenue Fields 24 Reinstra Ball Fields 25 Los Ninos Park 26 Connoley Park 27 Holiday Estates I Park 28 Holiday Estates II Park 29 Otay Park 30 Otay Recreation Center 31 Unnamed Park-Beyer Way 32 Unnamed-OVRP Recreation Area 6 33 Unnamed Park-Rios Avenue 34 Unnamed-OVRP Recreation Area 7 35 Rohr Park 36 Terra Nova Park 37 Explorer Park 38 Bonita Long Canyon Park 39 Marisol Park 40 Discovery Park 41 Gayle McCandliss Park 42 Paseo Del Rey Park 43 Sunridge Park 44 Independence Park 45 Rancho Del Rey Park 46 Tiffany Park 47 Voyager Park 48 Sunbow Park 49 Greg Rogers Park 50 Veteran’s Park 51 Veteran’s Park Community Center 52 Horizon Park 53 Heritage Park 54 Heritage Park Community Center 55 Harvest Park 56 Santa Cora Park 57 Cottonwood Park 58 Breezewood Park 59 Valle Lindo Park 60 Unnamed Park-West Landfill 61 Unnamed Park-Otay Ranch Village 2 62 Unnamed Park-Otay Ranch Village 2 63 Santa Venetia Park 64 Unnamed Park-Otay Ranch Village 4 65 Unnamed Community Center-Otay Ranch Village 4 66 Unnamed Park-Otay Ranch Village 7 67 Unnamed Park-Otay Ranch Village 8 68 Unnamed Park-Otay Ranch Village 8 69 Unnamed-OVRP Recreation Area 10 70 Unnamed-OVRP Recreation Area 11 East 71 Unnamed Park-San Miguel Ranch 72 MacKenzie Creek Park 73 Montevalle Park 74 Montevalle Park Community Center 75 Chula Vista Community Park 76 Salt Creek Community Park 77 Salt Creek Community Center 78 Mountain Hawk Park 79 Sunset View Park 80 Windingwalk Park 81 Unnamed Park-Eastern Urban Center 82 Unnamed Community Center-Eastern Urban Center 83 Unnamed Park-Otay Ranch Village 9 84 Unnamed Park-Otay Ranch Village 9 85 Unnamed Park-Otay Ranch Village 9 86 Unnamed Park-Otay Ranch Village13 87 Unnamed Park-Otay Ranch Village 13 88 Chula Vista Nature Center 89 Unnamed Park - Otay Ranch Village 3 90 Unnamed Park - Otay Ranch Village 10 Figure 8-8 Page PFS-36 City of Chula Vista List of Existing, Proposed, Future Park & Recreation Facilities Page 461 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Existing and Proposed Public Parks and Recreation Facilities LEGEND City Boundary Sweetwater Regional Park Boundary Otay Lake County Park Boundary OVRP Concept Plan Boundary Community Park Future Community Park Potential Community Park Neighborhood Park Future Neighborhood Park Potential Neighborhood Park Recreational Complex Future Recreational Complex Community Center Future Community Center Mini Park OVRP Potential Recreational Areas Special Purpose Park NORTH N.T.S. Figure 8-9 Page PFS-37 Page 462 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 463 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-39 an overall park service solution, where available and affordable land is scarce. Similar to mini- parks, urban parks may serve a smaller number of homes than neighborhood parks, depending on the ultimate housing density within their service areas. They will typically be less than four acres in size. As of 2004, no urban parks were located in the City. Special purpose parks may vary in size up to 30 acres or more, contain specialized facilities or themes, and serve the entire City. The 3.4-acre Chula Vista Nature Center is an example of a special purpose park. Recreation facilities are generally located within community parks, and include: community centers; gymnasiums; swimming pools; youth centers; and senior centers. Recreation facilities are currently provided through development impact fees collected as part of the recreation component of the City's Public Facilities Development Impact Fee (PFDIF). As of 2004, the City had four community centers; one youth center; one senior center; one gymnasium; and two swimming pools. Chula Vista offers a full range of classes; programs; events; sports activities; after-school programs; and day camps for all ages. In addition, the Chula Vista Public Library, the YMCA, Boys and Girls Club and other non-profit organizations; commercial vendors; school districts; churches; and volunteer groups maintain a series of after-school programs and other valuable recreational programs to serve the community. A wide variety of outdoor recreation and leisure opportunities are available to the residents of Chula Vista because of its location in south San Diego County. Public beaches; harbors; local mountains; and deserts are all within short traveling distances. In addition, commercial facilities, such as the water park; Amphitheater; the Olympic Training Center; and numerous movie theaters; arcades; bowling alleys; skate parks; and regulation and miniature golf courses provide further recreational opportunities. Several related documents address the development of parks and recreation facilities in the City. The Chula Vista Parks and Recreation Master Plan, adopted in November 2002, contains an inventory of existing parks and recreation facilities, a needs assessment, and policies to implement the General Plan. The Master Plan envisions the City's park and recreation facilities as an integrated system of amenities, programs, and services interwoven throughout over 700 acres of parkland to meet the expressed needs of the community. The Greenbelt Master Plan identifies segments of an overall backbone system of 28 linear miles of open space and parks that encircle the City. It discusses unique opportunities for a continuous trail system to link City parks and other resources outside of the City boundary. Chula Vista offers a full range of classes, sports activities, after-school programs and day camps for all ages. Page 464 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-40 City of Chula Vista General Plan 3.5.1 Keeping Pace with Growth (Parks and Recreation) The City strives to maintain existing parks and recreation facilities; to offer recreational programs to meet current demand; to plan and construct new parks and facilities; and to develop new programs to meet future demand due to growth. The majority of residential growth in the last decade has occurred in eastern Chula Vista; however, it is anticipated that significant growth will occur in both the east and the west in the future. The Parks and Recreation Master Plan and Public Facilities Development Impact Fee program provide direction and financing for the size and location of parks and recreation facilities, based on population, density, and land use designation. Timely development and the provision of staffing and equipment that is responsive to growth and community demands and expectations are important. Provide parks and recreation facilities and programs citywide that are well-maintained; safe; accessible to all residents; and that offer opportunities for personal development, health, and fitness, in addition to recreation. Policies PFS 14.1 PFS 14.2 PFS 14.3 Maximize the use of existing parks and recreation facilities through upgrades and additions/changes to programs to meet the needs of the community. Construct new parks and recreation facilities that reflect the interests and needs to the community and that provide access to safe play spaces for children to encourage more physical activity. Continue to maintain and update the Chula Vista Parks and Recreation Master Plan; the Greenbelt Master Plan; the Park Dedication Ordinance; the Parks and Facilities Rules Ordinance and the recreation component of the Public Facilities Development Impact Fee (DIF) Objective - PFS 14 Page 465 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-41 PFS 14.4 PFS 14.5 PFS 14.6 PFS 14.7 PFS 14.8 Use park dedication; location; site design; and acceptance standards, as provided in the Chula Vista Parks and Recreation Master Plan; the Park Dedication Ordinance; and the Recreation DIF, as may be amended from time to time. Work with proponents of new development projects and redevelopment projects at the earliest stages to ensure that parks; recreation; trails; and open space facilities are designed to meet City standards and are built in a timely manner to meet the needs of residents they will serve. Design recreation programs to reflect the interests and recreation needs of the children; teens; adults; and seniors living in our ethnically diverse City. Explore opportunities for collaborations and partnerships with local organizations, expand use of volunteers, and develop commercial recreational facilities that meet public demand and need. Continue to provide adequate park maintenance; park ranger service; recreation services; staffing; and equipment to ensure safe, well -maintained, and well-managed facilities. PFS 14.9 Consider a broad mix of public park types to meet public park requirements in the Eastern Urban Center (EUC), in response to the densities and development planned. PFS 14.10 Explore opportunities in the Eastern Urban Center (EUC) for development of a unique, shared, or clustered complex of public facilities, such as a recreation community center; library; cultural arts center; or museum. 3.5.2 Meeting Park Demand Historic park development in western Chula Vista has been impacted by several factors: pre-existing park development standards that limiting park dedication requirements for new development); and Proposition 13 (state legislation limiting property tax revenues). create a corresponding increase in demand for recreation facilities and programs. The current City-wide standard for new Page 466 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-42 City of Chula Vista General Plan development provides for either the dedication and development of three acres of parkland for every 1,000 residents, or the payment of in-lieu fees. The City’s Recreation Development Impact Fee provides a funding mechanism and new development recreation facility requirements. City- wide parkland and recreation development policies to guide future ordinances and master planning are identified below. While future growth will result in the need and requirement for additional parklands and recreational facilities, there will be increased difficulty in securing appropriate park and recreation sites in western Chula Vista, where land is largely built out. Lack of vacant and under-used land, and/or competing demands and uses for land in the west provide challenges to increase park and recreation facility inventory . Maximizing the utility of existing parks and recreation facilities through renovation and expansion and consideration of non-active recreational use within existing utility corridors can assist in addressing existing recreation needs in the west; however, while this strategy will not provide additional park acreage, it will partially meet the needs of future residents. In addition to parkland acquisition efforts, potential solutions for new park sites include the covering of portions of Interstate 5 to create park and open space areas; active and non- active recreational uses on land controlled by the Port of San Diego; and joint-use of school classrooms; playing fields and sports courts by the public, via joint-use agreements. The provision of a community center within urban development areas should be considered, possibly within a new mixed use or storefront environment. An overall combination of park and recreation facilities to serve all Chula Vista residents is planned. While a majority of the future demand for facilities may be met within planned public park sites, there will continue to be a need to rely on quasi-public park sites and joint-use facilities to increase recreation facility inventory in our City. Details and strategies for meeting park demand will be addressed further through comprehensive revisions to the existing Parks and Recreation Master Plan. Provide new park and recreation facilities for residents City-wide. Policies PFS 15.1 Continue to pursue a city-wide standard for the provision of developed parkland for new development projects of three acres per estimated one thousand new residents. Objective - PFS 15 Page 467 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-43 PFS 15.2 PFS 15.3 PFS 15.4 PFS 15.5 PFS 15.6 PFS 15.7 Consider a combination of land dedication, improvements, and/or in -lieu fees for park development improvements in the Northwest and Southwest Planning Areas to better serve the public park and recreation needs of future residents. Consider a broad mix of park types and facilities toward meeting park requirements in the Northwest and Southwest planning areas, in response to existing development conditions and lack of land availability. Such facilities could include urban parks; plazas; neighborhood parks; and community parks to meet the parkland dedication requirements of new development in the west. Promote the inclusion of park and recreation facilities in or near redevelopment areas to both serve the new development and to contribute to meeting existing park and recreation needs. Use park dedication, location, site design, and acceptance of dedication standards, as provided in the Chula Vista Parks and Recreation Master Plan, the Park Dedication Ordinance and the Recreation Development Impact Fee (DIF) program, as may be amended from time to time. Evaluate financing options, including the possibility of a general obligation bond, for acquiring and developing additional park space and recreation facilities, and for upgrading existing facilities. Work with proponents of new development projects and redevelopment projects at the earliest stages to ensure that parks; recreation; trails; and open space facilities are designed to meet City standards and are built in a timely manner to meet the needs of residents they will serve. PFS 15.8 Amend the Parks and Recreation Master Plan to add a new “urban park” definition for parks that may be developed within western Chula Vista, subject to specific siting, design, park dedication, and credit criteria. PFS 15.9 Pursue the funding, design, and development of a special purpose park as a deck, or decks covering portions of Interstate 5 that would provide an enhanced community connection between the Bayfront, and the E Street Trolley Station Transit Focus Area. Page 468 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-44 City of Chula Vista General Plan PFS 15.10 Pursue the funding, design, and development of a connected park as part of the Civic Center complex that links Will T. Hyde/Friendship Park, the Civic Center and Parkway Memorial Park PFS 15.11 Consider the design of non-traditional, uniquely themed parks in the Urban Core and Bayfront that are “stand-alone” attractions or destinations, having unique character and features. PFS 15.12 Support the creative public/private partnerships to address the lack ofg vacant and under-used land and challenges of increasing park and recreation facility inventory to provide safe and convenient access to physica activity 3.5.3 Regional Facilities in Otay Valley Regional Park The Otay Valley Regional Park is an 8,700-acre, multi-jurisdictional regional open space being planned by the City of Chula Vista, the City of San Diego and the County of San Diego. It will contain a substantial preserve area, as well as active recreation and passive park opportunities. Equestrian, hiking, and biking trails are anticipated. The Otay Valley Regional Park Concept Plan anticipates the park to extend throughout the Otay River Valley from San Diego Bay to Upper and Lower Otay Lakes. While the park is regional in scope, the provision of certain active and passive recreational facilities will effectively serve as local neighborhood and/or community parks for the City of Chula Vista and, thus, will increase the total park land-to-population ratio in the City. The Multiple Species Conservation Program (MSCP) is a comprehensive program for the preservation of more than 85 sensitive plant and animal species in the region. The City of Chula Vista MSCP Subarea Plan implements the MSCP in the City of Chula Vista. The Subarea Plan anticipates development of up to 246 acres of active recreation uses within the Chula Vista MSCP Subarea Plan preserve in the eastern portion of the Otay Valley Regional Park. Page 469 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-45 Develop active and passive recreational uses within portions of the Otay Valley Regional Park located within the City of Chula Vista, in accordance with the MSCP. Policies PFS 16.1 PFS 16.2 PFS 16.3 Continue to actively participate in the planning and development of the Otay Valley Regional Park through implementation of the Otay Valley Regional Park Concept Plan and coordination with the County of San Diego and City of San Diego. Pursue Federal and State grant funding for the acquisition; development; maintenance; and operation of the Otay Valley Regional Park. Establish development guidelines and standards for new development projects adjacent to the Otay Valley Regional Park that recognize and protect the natural resources and enhance user experiences of the park. 3.5.4 Chula Vista Landmark Park Chula Vista enjoys an ideal setting on the bay, close to river valleys and mountains. The City's location within San Diego County and the geography of the area provide several advantages for attracting residents, businesses, and visitors. To enhance the attractiveness of Chula Vista, it has been recommended through public input received in the updating of this General Plan that the City strive to increase its local and regional park facilities to serve existing and future residents. Further, the City should create a significant public open space or gathering place that the entire community would embrace and identify with. In other words, create a “landmark park”, a park that would provide a strong sense of place where people could see friends, meet and greet their neighbors, and where they would feel a strong sense of attachment to the community. This landmark park would provide activities for different ages, be accessible and easy to move through, and would be well integrated with adjoining land uses. It would be a place where people feel comfortable, safe, and enjoy bringing out-of-town visitors. Objective - PFS 16 Page 470 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-46 City of Chula Vista General Plan As conceptually imagined, a landmark park in Chula Vista would be of unique design, and possibly include museums; a cultural arts center; gardens; significant gathering spaces; and performance areas. The park could be new or an enhancement to an existing City park or parks. Another possibility includes the development of a series of linear parks, linked together through an overall master planned theme. The landmark park or combined linear parks could be 20 acres or more in size. Figure 8-10 shows possible landmark park locations. Develop a significant landmark park in the City of Chula Vista. Policies PFS 17.1 PFS 17.2 PFS 17.3 Amend the Parks and Recreation Master Plan, as needed, to address the possibility of a landmark park in the City of Chula Vista. Prepare a feasibility study for the location and development of a landmark park in the City of Chula Vista, including an assessment of potential sites, estimated construction and operational costs of a new park or an enhanced existing park or parks, and the identification of potential funding mechanisms. Use the following general criteria for the siting and design of a landmark park: • Primary access should be via a four-lane collector road; • Public transit should be available; • Good pedestrian access from several directions should be included; • Good visibility should be incorporated; • Connectivity to the City's historic features is encouraged; • Compatibility with adjacent land uses is desired; and • Views from within the park and from outside the park looking in should be considered and enhanced. Page 471 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Potential Landmark Park Locations NORTH N.T.S. Figure 8-10 Page PFS-47 Page 472 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-48 City of Chula Vista General Plan 3.5.5 Joint-Use of Park and School Facilities Increased intensity of development in western Chula Vista and lack of vacant and underutilized land for park facilities will result in an increased demand on parks and facilities and schools. This situation provides an opportunity for joint-use of facilities so that the school children and the general public mutually benefit. Public demand for field space for youth leagues exceeds the City’s supply of sports fields in City parks, due to competing demands with adult athletic leagues and the sheer number of youth sports teams to accommodate. The City currently relies on individual elementary, middle, and high schools to allow usage of their fields by Youth Sports Council leagues. Allow the appropriate joint-use of school and park facilities. Policies PFS 18.1 PFS 18.2 PFS 18.3 Promote the City Council and the Boards of the two school districts entering into long-term master agreements to allow allocation of school fields to the City’s Youth Sports Council leagues via a process administered by the City, and to allow after-school use of classrooms at different schools for recreation classes. Coordinate with the school districts on the design of school grounds and fields to provide for use of these facilities by the City’s Youth Sports Council leagues. Consider siting elementary schools adjacent to neighborhood parks, where feasible, to allow for expanded use of the school grounds and classrooms by the general public and the park area by the school children. Page 473 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-49 3.6 Art and Culture, Childcare, Health and Human Services Art and Culture Art and culture are important parts of any society, and the City of Chula Vista enjoys an active and growing arts and culture community. Both art (defined as the conscious use of skill and creative imagination), and culture, (defined as the collective body of knowledge, customary beliefs and social forms that define a group of people), are dependent on the human capacity to share and to pass information on from one person, generation, or people to another. Chula Vista has a number of venues for the presentation of cultural programs or events. These facilities include large to small private facilities, such as the Coors Amphitheater; the OnStage Playhouse on Third Avenue; and the Ruth Chapman Center for Performing Arts (which is operated by the Sweetwater Union High School District); Mayan Hall at Southwestern College; and other various school and public venues. The City is host to a variety of cultural arts events, exhibits, and programs throughout the year, including the annual Taste of the Arts by the Bay, the Music in the Park series, and the McCandliss Art Awards. Culture and arts programs and classes are offered through the City Recreation Department, and cultural programs are presented at all three City branch libraries. Childcare Chula Vista recognizes childcare as an important part of the fabric of the City and that to disregard the need for quality childcare is to endanger the City's long-term social, physical, and economic health. With a growing community, the demand for quality childcare increases. While the City does not administer them, a variety of profit and non-profit childcare facilities and programs are available to those who work and/or live in the City of Chula Vista. The two principal types of facilities are Family Daycare Homes and Childcare Centers. Other facilities and programs include those provided by school, church, and recreation groups. Health and Human Services Health and human services collectively refers to a wide variety of agencies, departments, and providers that help to improve people's quality of life. Sharp HealthCare, Scripps, and Kaiser Permanente provide medical services in Chula Vista. Residents also benefit from Family Resource Both art and culture are dependent on the human capacity to share and to pass information on from one person, generation,or people to another. Page 474 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-50 City of Chula Vista General Plan Centers (FRCs), one-stop, school-linked community centers that offer a broad array of comprehensive and holistic social services, adult education, and after- school programs. Services are open to anyone and are free of charge. Another Health and Human Service resource is the Norman Park Senior Center, a multi-purpose public community facility where adults over 50 years of age and their families can access services and programs to meet many of their social, physical, and intellectual needs. 3.6.1 City’s Role in Art and Culture, Childcare, and Health Services The City of Chula Vista recognizes that providing art and culture opportunities, quality childcare facilities, a well-planned health and human services infrastructure and the implementation of policies and programs that support the health and sustainability of Chula Vista is vital to the well-being of its residents and the overall community. Typically the City's role is one of supporter, rather than provider, of these community services however the City is committed to continue to create policies and programs that improve the City’s physical and social environments, that promote awareness and access to healthy alternatives and amenities and create community partnerships that support the well being of all residents. By acquiring Community Purpose Facility acreage or fees, the City actively requires new development to set aside land or contribute to funding for community facilities that may include those addressing childcare, health and cultural needs. Create policies and programs that enhance the quality of life in the City of Chula Vista and that support art and culture programs, childcare facilities and health and human services Policies PFS 19.1 PFS 19.2 Promote land use designations that accommodate location of childcare facilities and other health and human services near homes; schools; work places; activity centers; and major transit facilities and routes. Support and assist efforts to provide a variety of safe, affordable, and consistently good quality childcare facilities and services that are available and accessible to all economic segments of the community. Objective - PFS 19 Page 475 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-51 PFS 19.3 PFS 19.4 PFS 19.5 PFS 19.6 PFS 19.7 PFS 19.8 PFS 19.9 Encourage the development of childcare space withinresidential and commercial development projects, including new construction, replacement and reuse, to meet the needs of residents and employees. Strive to maintain the City’s role as a model employer by actively and comprehensively exploring options to meet the childcare needs of its employees and by demonstrating that employer-sponsored childcare has a positive, beneficial, and cost-effective influence on the work force. Advocate supportive legislation at the state and federal levels regarding the provision of childcare and the provision of arts and culture. Encourage and participate in efforts that increase the quality of childcare, such that all facilities are responsive, interactive, nurturing, and developmentally appropriate. Support and assist in the development of before-and-after school, and holiday and vacation coverage as part of the overall childcare programs. Encourage an integrated, neighborhood-based approach to the delivery of health and human services. Promote the accessibility of art and cultural programs. PFS 19.10 Continue to require Community Purpose Facility acreage, in accordance with the Municipal Code, for the provision of childcare and other social service facilities. PFS 19.11 Pursue partnerships with health advocates to develop healthy community programs and opportunities for marketing the benefits of nutrition, healthy eating and an active lifestyle. PFS 19.12 Support critical hour programming at center sites and youth camps when schools are out of session. 3.6.2 Future Chula Vista Cultural Arts Center While several facilities are available for display and presentation of the arts throughout our City, including the City branch libraries and recreation centers, there is limited availability of adequately designed or appropriately located facilities for both performances and exhibits. A main, central cultural arts venue, theater or center is lacking. Benefits of a cultural arts venue include having an identifiable city facility that could serve public and private performances and Page 476 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-52 City of Chula Vista General Plan exhibits throughout the south San Diego County region and Page 477 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-53 stimulate economic development and redevelopment. As conceptually imagined, a Cultural Arts Center in Chula Vista could include exhibit and performance areas, space for associated education classes and administrative offices, and supporting commercial development, such as cafes, art stores, and restaurants. It could also be a beneficial use within a future landmark park. Develop a cultural arts center in the City of Chula Vista. Policies PFS 20.1 PFS 20.2 PFS 20.3 Prepare a citywide Cultural Arts Master Plan that discusses the development, coordination, and use of arts and culture facilities; identifies partnerships and collaborations; promotes opportunities and coordination; and recommends ongoing financial support for the arts through consideration of a percentage for the arts program and an increased share of Transient Occupancy Tax. Prepare a feasibility study for the location and development of a cultural arts center in the City of Chula Vista, including siting criteria, funding, construction, and operation of the facility. Encourage the installation of art pieces in publicly owned spaces and require developers to pay fees or provide art pieces that serve to enhance an individual project and contribute to the appearance and vitality of the development. 3.7 Civic Facilities Civic facilities and services are a necessary component of all communities. Included among civic facilities are governmental offices, such as City Hall and other administrative and operation centers. While not provided by the City, post offices are another example of civic facilities necessary to the everyday needs of the community. Friendly, professional, and effective provision of City services affords Chula Vista residents and the larger region a positive impression of the City. As the City continues to grow, the demand on civic facilities and services will continue to grow as well. Page 478 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 479 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-53 Provide civic services to Chula Vista residents and those doing business in the City in a friendly, efficient and effective manner. Policies PFS 21.1 PFS 21.2 PFS 21.3 Assure the convenient location of regional and local government administrative offices and service facilities both in western Chula Vista and as in the Eastern Urban Center. Continue to foster a City organizational structure that values and rewards quality customer service and promotes a high standard of excellence and professionalism. Locate civic facilities where their contribution to local business and the community is maximized, including economic contributions and ease of access. 3.8 Energy Fossil fuel products such as coal; natural gas; oil; and diesel remained the primary fuel for generating electricity and for heating homes, water, and food in 2004. The global supply of these products is limited and the demand for electricity and fossil fuels continues to increase. Employing efficient energy efforts throughout the City and transitioning to non-fossil fuel alternatives will help to extend limited supplies; reduce the need for expensive new regional power generators and transmission lines, and contribute to Chula Vista’s economic sustainability and regional competitiveness. Cleaner energy, more efficient power sources and conservation also contribute to the City’s environmental sustainability by decreasing the level of air pollutants produced by fossil fuel based electrical generation and heating, and further the City’s long standing commitment to CO2 reduction and the prevention of global warming. Page 480 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-54 City of Chula Vista General Plan San Diego Gas and Electric (SDG&E) owns, operates, and maintains the pipes, wires, and appurtenances needed to transport natural gas, and transmit and distribute electricity to Chula Vista residential; commercial; industrial; and institutional facilities. SDG&E estimates that additional infrastructure may be needed to deliver gas and electricity (energy) to serve a growing population, maintain local and regional reliability, and move energy through the western regional U.S. System. SDG&E projects that infrastructure may include new electricity distribution substations in both the eastern and western parts of the City. Each substation may require at least two separate and distinct transmission right-of-ways (ROW), which most likely would be accomodated within street ROW. Each ROW could be up to 25 feet in width and could vary in length. Other SDG&E infrastructure improvements or upgrades may include a new 200-foot-wide transmission ROW in the northeast section of the City and a relocation of the South Bay electricity substation to a six-acre site. The following objective and policies relate to the provision of energy to the City. A discussion and related policies addressing energy conservation are contained in the Environmental Element, Chapter 9 of this General Plan. 3.8.1 Powering Chula Vista Population growth in Chula Vista will increase demand for energy and power. In response to energy needs, the City embarked on a mission to identify viable options to control the City's energy future. On May 29, 2001, the City Council adopted the City of Chula Vista Energy Strategy and Action Plan (Energy Strategy) and adopted an ordinance to investigate the possibility of creating a municipal utility. The Energy Strategy identifies recommended actions, including monitoring the energy market and legal restrictions; being prepared to enter into an electrical services contract with an energy services provider or power generator, as allowed by law; partnering with a third party to build and operate power generation facilities; developing an emissions offset program, based on mobile sources; becoming a municipal “aggregator” and acquiring electricity at negotiated rates for City facilities and participating residents and business owners; expanding energy conservation projects for City facilities and promoting energy-efficient and renewable energy programs for businesses and residents; and developing and implementing a legislative strategy that facilitates the City's overall energy plan. Page 481 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-55 Ensure adequate energy supplies throughout Chula Vista. Policies PFS 22.1 PFS 22.2 PFS 22.3 PFS 22.4 Continue to address energy needs in Chula Vista by periodically reviewing and updating the City of Chula Vista Energy Strategy and Action Plan and by implementing and monitoring the recommendations of the Strategy. Coordinate with regional energy planning programs and efforts. Encourage and support the research, development, and use of alternative sources of energy. Review energy facility requests and encourage siting and design techniques that minimize community impacts. Such techniques may include: undergrounding facilities, where possible; co-locating new facilities with existing utility infrastructure; locating facilities in non-residential areas; and implementing architectural details and landscaping that help facilities that blend with the surrounding area. The development and operation of natural gas-fired plants within the City shall utilize “best available control technology” to the greatest extent practicable. PFS 22.5 Maximize future sustainable energy options by pursuing distributed generation and planning energy transmission and transportation options that complement the development of local renewable energy options. Integrate sensible and efficient electrical and natural gas facilities into the natural and developed environment. Page 482 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-56 City of Chula Vista General Plan Policies PFS 23.1 Use existing transmission corridors as effective wildlife corridors. PFS 23.2 Provide sufficient open space buffering between utility facilities and residential development. PFS 23.3 Ensure adequate area is reserved early in the development process for critical electrical service facilities. PFS 23.4 Assure that utility facilities safely integrate into the developed landscape. PFS 23.5 Appropriate secondary land uses (such as nurseries, RV storage, and useable open space and parks, among others) should be encouraged to locate within overhead transmission facility rights-of-way, when appropriate. Trails can also be included as a secondary land use, pursuant to agreement with SDG&E. 3.9 Telecommunications The rapidly expanding world of telecommunications allows residents and businesses to interact with the global community from anywhere in our City. Technology and capabilities continue to advance at great rates, creating more efficient communication options. State-of-the-art services facilitate a healthy business climate, making businesses more competitive and providing an edge in accessing and using important information. Furthermore, telecommunication technologies allow residents to establish home offices, which can decrease commutes, enhance neighborhood security and provide flexibility for working parents. In 2004, telecommunications services in Chula Vista included telephone, cable and wireless communication services provided by several companies. Future communication technologies may expand into other fields. Infrastructure upgrades are being made by private providers to facilitate high-speed data transmission and interactive video capabilities. The City encourages constructing new office and industrial buildings with state-of- the-art telecommunication circuits to use these upgrades. Page 483 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-57 Promote state-of-the-art telecommunication services throughout Chula Vista. Policies PFS 24.1 PFS 24.2 PFS 24.3 Encourage telecommunication service providers to install state-of-the-art infrastructure in Chula Vista. Review new telecommunications facilities and request siting and design techniques that minimize community impacts. Such techniques may include co- locating new facilities with existing utility infrastructure, locating facilities in non- residential areas, and using architectural features or details that blend with the surrounding area. Encourage developers of new office and industrial buildings to incorporate state-of-the-art telecommunications technologies. 3.10 Solid Waste In general, urbanized areas generate substantial amounts of trash, requiring disposal in nearby landfills. And, often times, materials that could be recycled for other uses are instead thrown out. The City of Chula Vista has established an exclusive franchise agreement with Pacific Waste Services, which extends through 2007, for the removal, conveyance and disposal of any non-recyclable waste. The City has three additional eight-year options on this agreement, taking care of disposal needs through the year 2031. The agreement includes a number of programs and incentives for the franchisee and the public to maximize recycling and other forms of landfill diversion. Pacific Waste's parent company, Allied, owns and operates both the Otay Landfill and the Sycamore Canyon Landfill located further north in San Diego County. Most of the solid waste generated in the City is disposed at the Otay Landfill (Figure 8-11). The important discussions of recycling and of the handling and disposal of hazardous waste materials are addressed in Chapter 9, Environmental Element of this General Plan. Page 484 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-58 City of Chula Vista General Plan In 1989, with a population of approximately 135,0000 people, the city disposed of approximately 189,000 tons of trash at the Otay Landfill in eastern Chula Vista. In 2003, with a population of approximately 200,000 people, the City disposed of approximately 170,000 tons of trash. This 19,000-ton reduction was due to city- wide recycling efforts. Nonetheless, as more development occurs, available capacity at disposal sites used by the City will be reduced. At a minimum, this could result in increased costs for transporting materials greater distances to available disposal sites, and the possibility of increasing the number of waste transfer sites within the City. The Otay Landfill is estimated to reach capacity in the year 2027. At this time, there is one proposed new landfill site in San Diego County: Gregory Canyon, located in north county, near the communities of Fallbrook, Vista, and Pauma Valley. The 1,770-acre Gregory Canyon site is designed for a 30-year life expectancy. Its opening date is uncertain, due to opposition to the facility. In south San Diego County, an area in East Otay Mesa was previously identified by the County as a tentative site. However, the County is no longer pursuing landfill siting at this location, and there are no private siting efforts currently proposed. The East Otay Mesa site retains a tentative classification for reservation as a future landfill. One may again be proposed through the County of San Diego’s discretionary permit process. Once the Otay Landfill is closed, it is anticipated that a portion of the site could be used for a trash transfer facility and/or a Material Recovery Facility (MRF) where recyclables are prepared for secondary markets. The City estimated the cost of such a facility to be over ten million dollars. The longer the Otay Landfill is capable of accepting waste, the longer this expense is delayed. The City has also acquired rights to approximately 30 acres of space at the Otay landfill for a composting facility when the landfill closes. Compostable material accounts for approximately 25 percent of the City's total waste stream. Recyclable and compostable materials, together, accounted for approximately 54 percent of the City's waste stream in 2002. Therefore, continued efforts to expand recycling and to accommodate compostable materials will reduce future waste transfer costs. Chula Vista currently relies on the County of San Diego Local Enforcement Agency (LEA) to permit and regulate solid waste facilities. However, the City may choose to contract directly with the state or establish its own LEA. Nonetheless, the City has the ability to control waste production within its General Plan area. Current solid waste management strategies include source reduction, recycling, and composting to decrease the waste stream impacting landfills. Page 485 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Solid Waste Facility NORTH N.T.S. Figure 8-11 Page PFS-59 Page 486 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 PUBLIC FACILITIES AND SERVICES ELEMENT CHAPTER 8 Page PFS-60 City of Chula Vista General Plan 3.10.1 Providing for Solid Waste Disposal The following objective and policies address the efficient handling of solid waste throughout the City. The important and related topics of reducing overall solid waste and of handling hazardous wastes are addressed in the Environmental Element, Chapter 9 of this General Plan. It is estimated that the Otay Landfill will reach capacity within the next 23 years, requiring closure of the facility. Meeting future needs of the planning area may require the creation of a regional transfer station, where solid waste collected from individual collection routes is transferred into large trucks for disposal. The transportation of solid waste to an alternate site must occur in an efficient manner that restricts adverse circulation, visual, and noise impacts. Efficiently handle solid waste disposal throughout the City. Policies PFS 25.1 PFS 25.2 PFS 25.3 PFS 25.4 Plan for adequate systems and facilities to manage the City's solid waste generation, treatment, and disposal. Permit transfer stations to be sited in areas designated for general industrial uses, provided circulation, visual, and noise impacts do not adversely affect adjacent uses. Participate in interjurisdictional efforts to maintain available landfill capacity in San Diego County. Attract manufacturers that use recycled materials, thus providing jobs and increasing the value of these materials. Page 487 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-i City of Chula Vista General Plan TABLE OF CONTENTS 1.0 INTRODUCTION 1 1.1 Purpose and Scope 1 1.2 Implementing the Vision and Themes 1 1.3 Relation to Other General Plan Elements and Policies 2 1.4 Related Plans and Programs 2 1.4.1 Regional Growth Management Strategy 2 1.4.2 Regional Comprehensive Plan 3 1.5 Sustainable Development 3 Figure 9-1: Key Components of Sustainable Development 4 1.6 Environmental Justice 6 1.6.1 Relationship to General Plan Land Use Planning And Policies 6 1.6.2 Equitable Distribution of Public Facilities and Services 7 1.6.3 Overconcentration of Industrial Uses 7 1.6.4 Transit-Oriented Development 7 2.0 GOAL 9 3.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES 10 3.1 Conservation 10 3.1.1 Multiple Species Conservation Program (MSCP) 10 Figure 9-2: City of Chula Vista MSCP Subarea and Planning Map 13 3.1.2 Protecting Water Quality 15 Figure 9-3: San Diego Bay Watershed Map 19 3.1.3 Meeting Water Demand Through Conservation and Efficient Use 22 3.1.4 Preserving the Opportunity for Agricultural Uses 24 3.1.5 Wise Use of Mineral Resources 26 3.1.6 Promoting Clean Air 28 Table 9-1: San Diego County’s Federal and State Designations for Criteria Pollutants as of December 2004 28 Figure 9-4: MRZ-2 Map 29 3.1.7 Creating a Sustainable Energy Future 35 3.1.8 Promoting Solid Waste Reduction Strategies 37 3.1.9 Protecting Chula Vista’s Cultural Resources 38 3.1.10 Protecting Paleontological Resources 40 Page 488 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-ii City of Chula Vista General Plan 3.2 Open Space 42 3.2.1 Connecting and Improving Chula Vista’s Open Space and Trails Network 44 Figure 9-5: General Plan Area Open Space Map 45 Figure 9-6: Natural Systems Open Space Map 47 3.2.2 Providing Connections to the Regional Open Space and Trails Network 51 3.2.3 Exploring Ecotourism Opportunities 52 3.3 Natural Hazards 53 3.3.1 Identifying and Limiting Geologic Hazards 53 Figure 9-7: Geologic Hazards Map 55 3.3.2 Identifying and Limiting Flood Hazards 57 Figure 9-8: Flood and Dam Inundation Hazards Map 59 3.3.3 Identifying and Limiting Wildland Fire Hazards 60 Figure 9-9: Wildland Fire Hazards Map 61 3.4 Hazardous Materials and Waste 62 3.4.1 Remediation of Contaminated Sites 62 3.4.2 Managing Household Hazardous Waste 63 3.4.3 Siting Hazardous Waste Facilities 64 Figure 9-10: General Areas Map 66 3.4.4 Siting and Managing Facilities that Use, Store, and Handle Hazardous Materials and Waste 67 3.5 Noise 69 3.5.1 Protecting People from Excessive Noise 69 Table 9-2: Exterior Land Use/Noise Compatibility Guidelines 70 Figure 9-11: Existing Noise Contour Map 71 Figure 9-12: Projected 2030 Noise Contour Map 73 Figure 9-13: Brown Field Year 2000 Noise Contour Map 75 3.5.2 Minimizing Transportation Noise 77 3.6 Environmental Justice 78 Page 489 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-1 City of Chula Vista General Plan 1.0 INTRODUCTION 1.1 Purpose and Scope The Environmental Element establishes the policy framework for improving sustainability through the responsible stewardship of Chula Vista’s natural and cultural resources, promotion of both physical and environmental health, and protection of persons and property from environmental hazards and noise. It contains policies that reconcile conflicting demands created when population growth and development consumes natural resources--both renewable and non-renewable, finite resources and environmental justice policies to help achieve a healthy sustainable community for everyone The California Government Code requires General Plans to include conservation, open space, noise, and safety elements. These elements address relevant environmental issues, including: open space; water quality and conservation; biological resources; mineral resources; air quality; cultural resources; agricultural resources; energy; noise; and geologic, flood, and wildland fire hazards. These and other issues and topics are addressed in this Environmental Element, which is divided into the following sections: Conservation; Open Space; Natural Hazards; Hazardous Materials and Waste; and Noise. 1.2 Implementing the Vision and Themes The Vision for Chula Vista is to preserve and enhance the unique features that give Chula Vista its character and identity, while at the same time improving our community and meeting the opportunities and challenges that lie ahead. Achieving this Vision requires that the City recognize that its natural resources are finite, and that responsible and just stewardship is essential for the future enjoyment and utilization of these resources. The City further recognizes that integrating policies that promote a healthy and sustainable community is essential to the quality of life for all residents. A full discussion of our Vision and seven Themes is found in Chapter 4 of this General Plan. This Environmental Element focuses on and develops four of those Themes: Theme 1: Strong Community Character and Image Chula Vista continues to develop as a city with a distinct identity that its Page 490 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-2 City of Chula Vista General Plan citizens are proud to call home. Page 491 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-3 City of Chula Vista General Plan Theme 4: Improved Mobility Chula Vista provides a wide range of convenient and affordable mobility options that allow people to go from where they are to where they want to be, in a safe; pleasant; rapid; cost-effective; and environmentally friendly manner. Theme 5: Healthy and Sustainable Community Chula Vista is committed to the health and wellbeing of all of its residents. Theme 6: High Quality Community Services Chula Vista places a high priority on exemplary community services and facilities (such as police and fire protection, libraries, and park and recreation), and continues to ensure that services and infrastructure expand to match needs created by growth and redevelopment. 1.3 Relation to Other General Plan Elements and Policies The elements of a general plan are closely interrelated. Each element must be internally consistent as well as consistent with one another. The Land Use and Transportation Element addresses the location and compatibility of land uses and provides for a planned pattern of land uses, including lands designated for habitat conservation, open space, and parks and recreation uses. Integration between Land Use and Tranportation, such as mixed use, transit oriented development, is an integral part of a sustainable community. The Public Facilities and Services Element addresses municipal water and sewer services; parks and recreation facilities; solid waste disposal; and energy, all of which relate to the Environmental Element. Cross-references are provided, where applicable, throughout the Environmental Element to identify where these interrelationships with other elements exist. 1.4 Related Plans and Programs 1.4.1 Regional Growth Management Strategy The Regional Growth Management (Strategy) was adopted by the San Diego Association of Governments (SANDAG) in 1993, as mandated by the voters through Proposition C, the Regional Planning and Growth Control Initiative. The Strategy takes “a quality of life” approach to growth management, and contains standards, objectives and recommended actions for nine quality of life factors, such as: air quality; water; sensitive lands and open space preservation and protection; and solid waste management. Through a joint powers agreement, local jurisdictions, including Chula Vista, have agreed to certify that their general plans are consistent with the Strategy. Page 492 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-4 City of Chula Vista General Plan 1.4.2 Regional Comprehensive Plan SANDAG serves as the forum for decision-making on regional issues in San Diego County. Significant growth throughout the region and beyond has resulted in numerous challenges and anticipated future growth represents further challenges. As a result, SANDAG adopted the Regional Comprehensive Plan (RCP) in 2004 to help chart where the region's future growth should be focused and to prioritize public infrastructure investments. While new construction in the region in recent decades has occurred largely in previously undeveloped areas, the vision of the RCP is that future population growth will be focused away from rural areas and closer to existing and planned job centers and public facilities, including transit. The RCP was not designed as a regulatory plan, but rather as a guidance plan. As such, the preferred implementation approach is that local and regional agencies incorporate the recommended policy objectives and actions into their local and regional plans as these plans are updated in the future. Additionally, the RCP recommends that incentives be provided to member agencies for including the policy objectives in their plans, and for helping to implement the actions contained in the RCP. The City’s General Plan supports relevant RCP policy objectives and actions. 1.5 Sustainable Development Chula Vista's Vision to preserve and enhance the unique features that give the City its identity, while at the same time creating a healthy and sustainable community that meets the opportunities and challenges that lie ahead, can be achieved, in part, through the promotion of sustainable development. The most widely accepted definition of “sustainable development” as, presented by the United Nations World Commission on Environment and Development in 1987, is as follows: “Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs.” Sustainable development is a means of balancing growth and economic progress with the protection of natural resources and the environment in a socially responsible manner. Sustainable development consists of three key components--economic security, environmental integrity, and social/cultural equity--that overlap and function together, as illustrated in Figure 9-1. Page 493 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-5 City of Chula Vista General Plan These three components are equally important in developing a basis for sustainability, and are not mutually exclusive. Community sustainability is strengthened through identifying and addressing the issues that affect sustainable development, and creating measures to secure, protect, and enhance valuable resources and the physical health and well being of the community. Sustainability issues exist on a global level and at all levels of government. This General Plan addresses sustainable development at the local, community level. Such a local effort requires coordination and cooperation between all agencies that provide services within the community. While not all aspects of sustainability can be affected locally, much can be achieved by including policies and programs in a jurisdiction's General Plan that promote sustainable development. Chula Vista currently implements a number of programs to promote sustainable development, and strives to expand upon such programs. Based upon the three key components illustrated in Figure 9-1, the following discussion addresses the characteristics of sustainability related to municipal planning functions: Figure 9-1 Economic Security focuses on balancing revenues and expenditures needed to provide sustainable services and improve the quality of life for local residents. This can be Economic Security Environmental Integrity accomplished by creating a General Plan that facilitates revenue-generating sources sufficient to support the ongoing operation of a jurisdiction and its ability to provide the facilities and levels of service desired by the Social/Cultural Equity Key Components of Sustainable Development community. Jurisdictions can promote a mix of diverse jobs and affordable housing that provides the opportunity for residents to live and work within their community. By expanding educational opportunities within a community, residents can increase their marketable skills without leaving the area. A local economy that provide such opportunities is considered to be sustainable. Page 494 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-6 City of Chula Vista General Plan Environmental Integrity deals with the preservation and conservation of natural resources, including water, biological resources, and air quality, and with improving environmental sustainability, such as increasing development of and reliance on renewable energy sources. Jurisdictions can take a major step towards securing environmental integrity and ensuring a sustainable community by developing a consistent approach to environmental issues through the adoption of appropriate General Plan policies. Social/Cultural Equity is realized through fair and equal access to community facilities and services, including: health care; social services; education; cultural arts; and natural resources. This can be achieved through a general plan by identifying health as a core value, identifying future community services needs and by establishing policies to ensure that such needs can be met. Closely related to sustainable development is the notion of an environmentally sustainable economy. On a local level, the backbone of an environmentally sustainable economy could consist of: facilitating the use of renewable sources of energy; an urban mobility system centered on a state-of-the-art public transportation system; and transit- and pedestrian-oriented development; and a comprehensive reuse/recycle program. Local jurisdictions can take steps towards promoting and achieving sustainable development, as well as economic and ecological sustainability. Through various existing policies, programs, and procedures, Chula Vista has taken significant initial steps in this direction. Through various goals, objectives, policies, and implementation measures established through the adoption of this General Plan, Chula Vista will continue to move forward in supporting the ability to meet present needs without compromising the ability of future generations to meet their own needs. Page 495 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-7 City of Chula Vista General Plan 1.6 Environmental Justice State law defines environmental justice as: “The fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies.” The U.S. Environmental Protection Agency states: “Fair treatment means that no group of people, including a racial, ethnic, or a socioeconomic group, should bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of federal, state, and local policies.” Environmental justice problems are often related to procedural inequity and geographic inequity. Procedural inequity occurs when the planning process is not applied uniformly, resulting in disproportionate impacts to lower income or minority populations. Geographic inequity occurs when the burdens of undesirable land uses are concentrated in certain neighborhoods while the benefits are received elsewhere. It also describes a situation in which public amenities are concentrated only in certain areas. The following topics, discussed in detail below, represent areas in which environmental justice can be addressed at the local level -- General Plan land use planning and policies; the promotion of a healthy and active lifestyles; equitable distribution of public facilities and services; overconcentration of industrial uses; and transit -oriented development. 1.6.1 Relationship to General Plan Land Use Planning and Policies Planning policies that promote healthy, livable communities and smart growth can be tools for achieving environmental justice. The primary purpose of planning, and the source of government authority to engage in planning, is to protect the public health, safety, and welfare. Traditionally, land use planning has attempted to minimize health and safety risks by segregating land uses. However, rigid separation of land uses has resulted in disconnected islands of activity and contributed to sprawl, counter to sustainable development goals. Mixed use development is a more sustainable approach to land use planning and a means to address health considerations. Despite the desirability of mixed use development, it is important to recognize that there are certain land uses (e.g.,industrial, agricultural, major roadways and freeways) that will, in most cases, be incompatible with sensitive receptors, including residential Page 496 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-8 City of Chula Vista General Plan and school uses. Sensitive receptors may be adversely impacted by incompatible land uses as a result of air pollutant emissions, exposure to hazardous materials and related accident risks, and excessive noise. Most land use incompatibility issues can be addressed at the General Plan level through appropriate land use planning and the inclusion of policies addressing the siting and development of potentially harmful land uses in proximity to sensitive receptors. 1.6.2 Equitable Distribution of Public Facilities and Services To the extent feasible through its General Plan, a jurisdiction should plan for the equitable distribution of new public facilities throughout the community, and services that increase and enhance community quality of life. Public facilities and services that enhance quality of life include: parks; open space; trails; recreational facilities; child care facilities; libraries; and museums. The equitable distribution of facilities and services has two components. The first component is the number and size of facilities -- a community should have adequate facilities and services to serve all residents equally. The second component is access, which can be measured as the distance or travel time from residential areas to facilities and services. 1.6.3 Overconcentration of Industrial Uses Overconcentration occurs when two or more industrial facilities or uses, which do not individually exceed acceptable regulatory standards for public health and safety, pose a significant hazard to adjacent sensitive receptors, due to their cumulative effects. It is important to differentiate between overconcentration and the mere presence of materials that may be classified as hazardous. Many neighborhood businesses, such as, gas stations, retail paint stores, and dry cleaners, utilize hazardous materials. While these activities must be conducted in a responsible manner in accordance with applicable environmental regulations, they should not be confused with those truly industrial activities that are inappropriate within or adjacent to residential or mixed use areas. A General Plan should seek to avoid the development of sensitive receptors in close proximity to land uses that pose a significant hazard to human health and safety, due to the quantity, concentration, or physical or chemical characteristics of the hazardous materials that they utilize, or the hazardous waste that they generate or emit. 1.6.4 Transit-Oriented Development Expanding opportunities for transit -oriented development (TOD) promotes healthier and livable communities. TOD is defined as moderate- to high-density development located within an easy walk of a major transit stop, generally with a mix of residential, emp loyment, and shopping opportunities. TOD can provide mobility choices; increase public safety; increase disposable household income by reducing transportation costs; reduce air pollution and energy consumption rates; help conserve resources and open space; assist in economic development; and expand the supply of housing. Page 497 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-9 City of Chula Vista General Plan By improving access to multi-modal transportation options, jobs and housing and revitalizing existing neighborhoods, TOD can be a tool for promoting a healthier community and environmental justice. Jurisdictions can promote TOD through general plan policies that support the value of a healthy community, mixed use development; higher land use densities; reduced parking requirements; and increased transit service. TOD policies should facilitate a pedestrian-oriented environment with features such as traffic calming strategies and architectural and streetscape design that orients buildings to sidewalks, plazas, parks, and other public spaces, rather than to parking. The promotion of environmental justice on a local level may be accomplished through a broad range of actions taken on various fronts, including through land use planning and policies at the general plan level. The issues of land use incompatibility; access to nutritious and healthier food options, equitable distribution of public facilities and services; overconcentration of industrial uses; and transit-oriented development can be addressed in a general plan. Through various goals, objectives, policies, and implementation measures established through the adoption of this General Plan, Chula Vista is taking steps to address these issues in the interest of promoting environmental justice. Page 498 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-10 City of Chula Vista General Plan 2.0 GOAL The overall goal of the Environmental Element is to: Provide a healthy and sustainable community through the improved health of all citizens, environmental justice, the responsible stewardship of Chula Vista's natural and cultural resources; promotion of environmental health; and protection of persons and property from environmental hazards and the undesirable consequences of noise. Page 499 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-11 City of Chula Vista General Plan 3.0 PLANNING FACTORS, OBJECTIVES, AND POLICIES There are several planning factors involved in achieving the goal of the Environmental Element. Such factors are discussed in Sections 3.1 - 3.6 of this element. Each factor has at least one objective, or focused goal, and each objective has at least one policy, which describes how the City will meet the objectives. 3.1 Conservation Conservation is the planned management, preservation, and wise utilization of natural resources to assure their continued availability for use, appreciation, and enjoyment. The Conservation Section of this Environmental Element provides the City with the necessary direction towards that end. The topics presented in this section include: • Multiple Species Conservation Program • Protecting Water Quality • Meeting Water Demand Through Conservation and Efficient Use • Preserving the Opportunity for Agricultural Uses • Wise Use of Mineral Resources • Promoting Clean Air • Creating a Sustainable Energy Future • Promoting Solid Waste Reduction Strategies • Protecting Chula Vista's Cultural Resources • Protecting Paleontological Resources Photographer: Jeff Priest 3.1.1 Multiple Species Conservation Program (MSCP) Background The Multiple Species Conservation Program (MSCP) is acomprehensive, long-term habitat conservation plan developed to address the needs of multiple species and the preservation of natural vegetation communities in San Diego County. The MSCP Subregional Plan was adopted by the City of San Diego and San Diego County in 1997, and conditionally approved by the the City of Chula Vista in October 2000. The MSCP Subregional Plan encompasses an area of approximately 580,000 acres and 12 local jurisdictions, including the City of Chula Vista. So u r c e : Du d e k & As s o c i a t e s , In c . Page 500 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-12 City of Chula Vista General Plan City of Chula Vista MSCP Subarea Plan On May 13, 2003, the City of Chula Vista City Council and Planning Commission approved the City of Chula Vista MSCP Subarea Plan (Subarea Plan) and formally adopted it as part of the City’s General Plan. The Subarea Plan is the policy document through which the MSCP Subregional Plan is implemented within the City's jurisdiction. The Subarea Plan provides the framework for habitat planning and specifically establishes areas of conservation and development within the Chula Vista MSCP Planning Area. Figure 9-2 depicts the designated conservation and development areas within the Chula Vista MSCP Planning Area. It should be noted that select areas designated for development in the Subarea Plan are not necessary to conserve for biological purposes. However, other local City plans, policies, or guidelines may further regulate or prohibit the extent of development Photographer: Julie Vanderweir in these areas for a variety of reasons, such as topographical constraints or aesthetics (for example, the peak of Rock Mountain). Additionally, since the completion of the County Subarea Plan and the approval of the City’s Subarea Plan, several areas within the northern part of the City, as well as the unincorporated County portion of the Otay Ranch, have been acquired by public/quasi-public agencies to be preserved as Permanent open space. These areas are depicted on Figure 5-12. The Subarea Plan is intended to implement all relevant sections of the MSCP Subregional Plan, including the habitat and species conservation goals and requirements found in Table 3-5 of the Subregional Plan. Any project approved by the City must be in conformance with the Subarea Plan. The complete Subarea Plan document has been included as part of this General Plan and is provided under separate cover as Appendix 1. The Subarea Plan goals found on page 1-2 of the Subarea Plan are as follows: Subarea Plan Goals 1. To conserve Covered Species and their habitats through the conservation of interconnected significant habitat cores and linkages. 2. To delineate and assemble a Preserve using a variety of techniques, including public acquisition, on- and off-site mitigation, and land use regulations. S o u r c e : D u d e k & As s o c i a t e s , In c . Page 501 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-13 City of Chula Vista General Plan 3. To provide a preserve management program that, together with the federal and stat e management activities, will be carried out over the long-term, further ensuring the conservation of Covered Species. 4. To provide necessary funding for a Preserve management program and biological monitoring of the Preserve. 5. To reduce or eliminate redundant federal, state, and local natural resource regulatory and environmental review of individual projects by obtaining federal and state authorizations for 86 species. Biological Resources The majority of the natural biological resources within the City consist of native upland habitats, including coastal sage scrub (3,815 acres), grasslands (3,125 acres), and small areas of maritime succulent scrub (293 acres). Approximately 15 percent of the natural vegetation communities within the City also consist of wetland resources, including: southern coastal salt marsh (204 acres); riparian/tamarisk scrub (604 acres); and natural flood channels (159 acres). (Source: City of Chula Vista MSCP Subarea Plan, February 2003.) As identified in the Subarea Plan, a total of approximately 2,251 acres of the MSCP Preserve (approximately 1,940 acres of undisturbed habitat types) will be conserved within the central and northern areas of the City. The Subarea Plan specifically provides protection for major canyon systems within the City, including Rice Canyon and Bonita Long Canyon. These canyon systems support large areas of coastal sage scrub and maritime succulent scrub. Additionally, a variety of narrow endemic plant species will be conserved, as well as documented locations of the Quino checkerspot butterfly. The federally listed endangered Quino checkerspot butterfly was not included as a Covered Species under the MSCP Subregional Plan. However, because the Subarea Plan defines the actions to be undertaken to provide for the long-term conservation and recovery of this species in the Chula Vista Subarea, the Quino checkerspot butterfly is included as a Covered Species under the Subarea Plan. The portion of the Otay Ranch located within the City boundaries includes substantial areas of land that have historically been used for dry farming. Approximately 2,742 acres within Otay Ranch will be conserved within the subarea boundaries (approximately 2,617 acres, which represent undisturbed habitat types). The Otay Ranch area also includes important habitat resources, most notably the Otay River Valley and its tributary canyons; Salt Creek: Poggi, and Wolf Canyons. The Otay Ranch area includes important habitat resources, most notably the Otay River Valley and its tributary canyons: Salt Creek, Poggi, and Wolf Canyons. Page 502 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-14 City of Chula Vista General Plan City of Chula Vista MSCP Subarea and Planning Map Figure 9-2 Page E-13 Page 503 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 504 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 505 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-15 City of Chula Vista General Plan Implementation of the MSCP Implementation of the Chula Vista MSCP Subarea Plan will ensure conservation of core biological resource areas and associated habitat linkages identified in the MSCP Subregional Plan located within the boundaries of the Chula Vista Subarea, comprised of the land area within the incorporated boundary of the City. In addition, implementation of the Subarea Plan will contribute significant conservation outside the Chula Vista Subarea, within the Chula Vista MSCP Planning Area, in the unincorporated County Multi-Habitat Planning Area. Conserve Chula Vista’s sensitive biological resources. Policies E 1.1 Implement the City of Chula Vista MSCP Subarea Plan. 3.1.2 Protecting Water Quality Water quality refers to the purity of water and the lack of pollutants. Urban runoff discharged into streams, bays, and oceans is one of the principal causes of poor water quality. Pollutants such as motor oil, antifreeze, fertilizers, and pesticides accumulate on impervious surfaces and are picked up and transported downstream via the storm drain system, ultimately reaching the Sweetwater and Otay Rivers, San Diego Bay, and the Pacific Ocean. These pollutants in urban runoff can cause both short-term and long-term impacts to local water bodies. Clean Water Act The Clean Water Act focuses on improving the quality of the nation's water and provides a comprehensive framework of standards and technical tools to address the causes of pollution and poor water quality. To satisfy the requirements of California Water Code Section 13241 and Clean Water Act Section 303, water quality criteria are assigned to all waters of the state. In Chula Vista, water quality objectives are achieved primarily through establishment of waste discharge requirements, and through implementation of the Water Quality Control Plan for the San Diego Basin (1994). Objective - E1 Page 506 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-16 City of Chula Vista General Plan NPDES On February 21, 2001, the San Diego Regional Water Quality Control Board issued a National Pollutant Discharge Elimination System (NPDES) Permit (Municipal Permit) to the 18 municipalities within San Diego County, including the City of Chula Vista. San Diego County and the San Diego Unified Port District were co-permittees of the Municipal Permit. The minimum requirement of the Municipal Permit is to ensure that pollutants in discharges from storm drain systems owned and operated by the co-permittees are reduced to the maximum extent practicable. The Municipal Permit outlines the individual responsibilities of the co-permittees, including, but not limited to, the implementation of management programs, best management practices (BMPs), and monitoring programs. The NPDES regulations also consider the need to conserve natural areas, minimize impervious surfaces, and encourage the use of native or drought tolerant plant material in landscaping. In accordance with NPDES requirements, construction projects in Chula Vista are required to implement BMPs to minimize the discharge of pollutants from construction sites. For certain types of developments, the Municipal Permit requires the implementation of permanent, post- construction BMPs, as described in the Chula Vista Standard Urban Stormwater Mitigation Plan and in the City of Chula Vista Development and Redevelopment Projects Storm Water Management Standards Requirements Manual. The Chula Vista Pollution Prevention Policy addresses pollution reduction practices for City facilities and incorporates BMPs to prevent and reduce water pollution. The Pollution Prevention Policy identifies procedures and other practices for various City operations, including using environmentally friendly products for equipment maintenance; cleaning; swimming pool maintenance; and the use of chemicals and pesticides in parks, parkways, and street medians. Watershed Planning The State Water Resources Control Board uses watershed planning to improve and protect the quality of local and regional waters. Watersheds are the areas above and below ground that drain into a particular water body. This watershed planning approach recognizes that BMPs and treatment facilities may be more effective when located within a watershed or drainage basin, rather than on individual project sites. Watershed management practices can provide an integrated approach to protecting water quality. Page 507 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-17 City of Chula Vista General Plan San Diego Bay Watershed The San Diego Bay watershed is comprised of three subwatersheds, two of which are within the General Plan area (Sweetwater River and Otay River watersheds), and a third (Pueblo San Diego watershed), situated to the north (Figure 9- 3). The 2001 Municipal Permit required local co-permittees to implement a comprehensive Urban Runoff Management Program at both the jurisdictional and watershed level. In compliance with the Municipal Permit, Chula Vista prepared a Jurisdictional Urban Runoff Management Program. Additionally, the City, along with seven other municipalities, San Diego County, and the Unified Port District, prepared the San Diego Bay Watershed Urban Runoff Management Program, which is a collaborative and comprehensive watershed plan for the San Diego Bay Watershed. Both of these watershed planning programs have been developed to identify and prioritize areas where local water quality can be improved and provide solutions to mitigate problems attributable to local urban runoff. Sweetwater River Watershed The Sweetwater River watershed is the largest of the three subwatersheds comprising the San Diego Bay watershed, with 230-square-miles of the approximately 415-square-mile total. Over 86 percent of the Sweetwater River watershed is within unincorporated jurisdictions, with the urbanized lower portion of the watershed containing portions of the cities of San Diego, National City, Chula Vista, La Mesa, and Lemon Grove. Major water bodies in the watershed include the Sweetwater River, Sweetwater Reservoir, Loveland Reservoir, and the San Diego Bay. The most important watershed issues are related to the protection of municipal water supplies and the protection and restoration of sensitive wetland and wildlife habitats. The Sweetwater River flood control channel, which generally represents the jurisdictional boundary between Chula Vista and National City, extends from Interstate 5 east to Interstate 805. The Sweetwater Regional Park extends from Interstate 805 east through the Chula Vista and Bonita golf courses to the County's Summit Park on the west edge of the Sweetwater Reservoir; the park comprises 570 acres, 178 of which are within Chula Vista. No recent watershed planning efforts for the Sweetwater River watershed have been undertaken and none are planned at this time. The Sweetwater River watershed is the largest of the three subwatersheds comprising the San Diego Bay watershed, with 230-square-miles of the approximately 415-square-mile total. Page 508 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-18 City of Chula Vista General Plan Otay River Watershed The Otay River watershed, which encompasses approximately 160 square miles, is the second largest of three hydrologic units that discharge into San Diego Bay. The Otay River watershed consists largely of unincorporated area, but also includes portions of the cities of Chula Vista, Imperial Beach, Coronado, National City, and San Diego. The major inland water bodies, Upper and Lower Otay Lakes, are two water supply reservoirs that also provide important habitat and recreational opportunities. Approximately 36 square miles of the watershed are within the Chula Vista MSCP Planning Area that contains habitat for a wide range of endangered plant and animal species. Currently, San Diego County is leading the efforts in the development of a Watershed Management Plan (WMP) and Special Area Management Plan (SAMP) for the Otay River watershed. The WMP will identify critical resource areas and recommend BMPs needed to prevent water pollution. The WMP will provide the framework for management activities to be implemented within the watershed, which will ensure the protection of existing beneficial uses and natural resources. The SAMP will be a comprehensive assessment of the Otay River watershed, which will provide regional protection of wetlands and wetland species. Furthermore, the SAMP will streamline the regulatory permitting process by assisting the federal, state and local regulatory agencies with their decision-making and permitting authority to protect aquatic resources. Both plans will identify measures needed to preserve sensitive wetland species and habitat while still providing for reasonable economic growth. The goals of the watershed planning process include preventing water pollution and protecting natural resources and existing activities that are beneficial to the public, such as the Otay Valley Regional Park. Implementation of Water Protection Measures With further growth and redevelopment in Chula Vista, the protection of local and regional water resources must be adequately addressed. Chula Vista will continue its efforts to reduce the discharge of pollutants into the municipal storm drain system and natural water bodies in accordance with established NPDES standards and watershed planning efforts involving the City. Page 509 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda San Diego Bay Watershed Map Legend 1. Pueblo San Diego 2. Sweetwater River 3. Otay River Figure 9-3 Page E-19 Page 510 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 511 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-21 City of Chula Vista General Plan Protect and improve water quality within surface water bodies and groundwater resources within and downstream of Chula Vista. Policies E 2.1 E 2.2 E 2.3 E 2.4 E 2.5 E 2.6 E 2.7 Ensure safely swimmable and fishable surface waters through careful management of land uses and activities within Chula Vista. Pursue safe alternatives to traditional pest management methods in order to reduce toxics in urban runoff and large open uses of land (e.g., golf courses, parks, and agricultural lands). Educate residents, business owners and City departments about feasible methods to minimize the discharge of pollutants into natural drainages and the municipal storm drainage system. Ensure compliance with current federal and state water quality regulations, including the implementation of applicable NPDES requirements and the City's Pollution Prevention Policy. Encourage and facilitate construction and land development techniques that minimize water quality impacts from urban development. Maximize the protection of potable water supply resources from pollutants. Collaborate with other applicable jurisdictions in the development and funding of regional watershed management plans that will provide a balance between watershed protection, regional economic growth, and development of public infrastructure and services consistent with the goals and objectives of the General Plan. Objective - E 2 Page 512 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-22 City of Chula Vista General Plan 3.1.3 Meeting Water Demand Through Conservation and Efficient Use This section of the Environmental Element addresses the conservation and efficient use of water. The Public Facilities and Services Element addresses current and future water supply and delivery issues. Three water districts serve Chula Vista: The Otay Water District, Sweetwater Authority, and Cal-American Water Company. These districts base their facility master plans and capital improvement programs on projected population growth. Within the Otay Water District's service area, which includes the planned future development areas within eastern Chula Vista, all potable water comes from imported sources purchased from the San Diego County Water Authority. Due to the lack of significant undeveloped land area within the boundaries of the Sweetwater Authority's service area, future increases in the demand for potable water will be associated with infill development and redevelopment projects. The Sweetwater Authority’s water supply is derived from a variety of sources, including Sweetwater Reservoir, a brackish groundwater demineralization facility, and deep freshwater wells. Seventy percent of the Authority’s water supply comes fr om local sources. Areas served by the Cal-American Water Company are presently built out and significant growth in water demand is not anticipated. Water recycling and conservation are major issues in southern California, as water suppliers strive to meet the increased water demands from population growth. Chula Vista's Growth Management Program and Growth Management Ordinance require that a Water Conservation Plan (WCP) be prepared for all major development projects. WCPs provide an analysis of potable and recycled water usage requirements and incorporate proven methods to reduce per capita water consumption. The adopted WCP Guidelines require all major projects to install specific indoor and outdoor water conservation devices. The requirement to prepare and implement WCPs promotes water- efficient development and community awareness of valuable water resources. Chula Vista's Landscape Manual identifies the need for water conservation practices to be implemented, as required by State law and the State Department of Water Resources Water Efficient Landscape Ordinance. In addition, the City's Landscape Manual requires the use of recycled water to irrigate landscaped areas of residential, commercial, and industrial developments, as well as schools, parks, and golf courses, where recycled water is available. Chula Vista can help to ensure adequate water supply by continuing to promote the development of water efficient communities and to implement water conservation programs. Page 513 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-23 City of Chula Vista General Plan Within the General Plan area, only the Otay Water District provides recycled water. Its Code of Ordinances requires recycled water to be used wherever it is technically and financially feasible, including the irrigation of greenbelt and open space slopes; roadway medians; parks; and the common areas of schools and multi-family residential properties. The Otay Water District's recycled water supply originates from the District's Ralph W. Chapman Water Recycling Facility in Rancho San Diego and is pumped to eastern Chula Vista. In the future, 6.0 million gallons per day (mgd) of recycled water will be supplied from the City of San Diego's South Bay Water Reclamation Plant. As required by an agreement with the City of San Diego, the Otay Water District is responsible for installing the infrastructure necessary to distribute recycled water within its service area. Recycled water is not a part of the potable water supply. The demand for water will continue to increase as Chula Vista experiences further growth. Chula Vista can help to ensure adequate water supply for future generations by continuing to promote the development of water efficient communities and to implement water conservation programs. Minimize the impacts of growth and development on water supply resources through the efficient use and conservation of water by residents, businesses, and city government. Policies E 3.1 E 3.2 E 3.3 E 3.4 Promote state-of-the-art water conservation practices in existing and new development, where proven to be safe and environmentally sound. Promote the use of low water demand landscaping and drought tolerant plant materials in both existing and new development. Where safe and feasible, promote and facilitate the continued use of recycled water in new developments, and explore opportunities for the use of recycled water in redevelopment projects. Support the continued use of graduated rate structures by water suppliers in order to promote water conservation. Objective - E 3 Page 514 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-24 City of Chula Vista General Plan E 3.5 E 3.6 Require the preparation and implementation of Water Conservation Plans for large development and redevelopment projects in accordance with the City's Water Conservation Plan Guidelines or its equivalent, pursuant to the City's Growth Management Program. For existing development, as well as small development and redevelopment projects not subject to the City's Growth Management Program, promote water conservation by residents and businesses through appropriately targeted education and community programs. 3.1.4 Preserving the Opportunity for Agricultural Uses Through the early 1990s, the last of the large-scale agricultural operations in Chula Vista were located primarily on large landholdings within the eastern portion of the General Plan area. Agricultural production on lands within this area has been historically constrained due to the limited availability of water for irrigation and the high cost of water where it has been available. Although the General Plan area does not contain any lands specifically designated for agricultural uses, the potential remains for agricultural uses to occur within certain portions of the General Plan area on both an interim and long-term basis. 2002 State Department of Conservation mapping identified 13 acres of Prime Farmland within the City limits (plus an additional 21 acres within the remainder of the General Plan area). There are no active Williamson Act contracts or properties, which are established agricultural preserves, within the General Plan area. A limited number of parcels retain agricultural zoning, which is considered a holding zone, pending development proposals in conformance with the applicable land use plans. Much of the land zoned for agriculture west of the Sweetwater Reservoir has been incorporated into parkland. Only a relatively few landholdings within the western portion of the General Plan area, located primarily in the vicinity of the Otay River, still retain small-scale agricultural operations. Agricultural production on these parcels may include seasonal fruit and vegetable crops but may also include nurseries; apiaries; riding facilities; or similar uses. Lands zoned for agriculture within the eastern portions of the Otay Ranch, east of the Otay Reservoir, and north and south of Dulzura Creek, are generally located in areas containing biological resources and interim agricultural uses Within the General Plan area the potential remains for some degree of agricultural uses to occur on both an interim and long-term basis. Page 515 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-25 City of Chula Vista General Plan are being phased out. Intermittent cattle grazing and dry land farming occur primarily on the non-irrigated land in the east. Production associated with these uses is not significant in terms of countywide agricultural value. Long-term agricultural use is not planned for the General Plan area, but is allowed where it is consistent with the Chula Vista MSCP Subarea Plan and zoning, including within portions of the Chula Vista Greenbelt open space system. Although agriculture has a long history within Chula Vista and the surrounding area, the economic contributions of agriculture have continually decreased in both production and employment value over time. Although agricultural production within the General Plan area will not be a major factor in the local or regional economy, the potential remains for some degree of agricultural uses to occur on both an interim and long-term basis. Furthermore, recreational and educational benefits can be derived from agricultural-related uses, such as community gardens, which can be integrated within development areas. Maintain the opportunity for limited agricultural and related uses to occur as an interim land use within planned development areas and as a potential permanent land use within appropriate locations Policies E 4.1 E 4.2 E 4.3 Allow historical agricultural uses to continue within planned development areas as an interim land use in accordance with the MSCP Subarea Plan. Allow agricultural uses on privately -owned property within the Chula Vista Greenbelt and elsewhere, provided the use is consistent with the provisions of the Chula Vista MSCP Subarea Plan, as well as the zoning of the property. Encourage the development of community gardens and similar related uses within appropriate, compatible locations throughout the City. Objective - E 4 Page 516 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-26 City of Chula Vista General Plan 3.1.5 Wise Use of Mineral Resources Mineral resources are important commodities in the state of California. The Surface Mining and Reclamation Act of 1975 (SMARA) includes requirements and programs to ensure the long- term availability of mineral resources and that the significant adverse environmental impacts of surface mining are adequately mitigated. Mineral Resource Zones (MRZs) are areas identified by the State of California relative to known or expected mineral resources. Portions of the Otay River Valley within the General Plan area are identified as an MRZ-2 area -- an area where adequate information indicates that significant mineral deposits are present or where it is judged that a high likelihood for their presence exists (Figure 9-4). Two other MRZ-2 areas are located on and just outside the General Plan area: one in the Sweetwater River Valley east of the Sweetwater Reservoir; and the other along the Jamul/Dulzura Creek east of Lower Otay Lake (Figure 9-4). Of the mineral resources identified in the MRZ-2 zone, the most economically valuable to the state and the San Diego region is the mining of sand, gravel, and crushed rock resources, known collectively as construction aggregate. Construction costs are significantly reduced if aggregate materials are available close to and in sufficient quality and quantity to support nearby construction. Given that the need is greatest in rapidly urbanizing areas, a problem facing sand and gravel producers throughout the region is that they are being replaced by the urban growth that they support. Both the Sweetwater River and the Otay River valleys contain significant deposits of construction quality sand reserves. The reach of the Sweetwater River that falls within the General Plan area is also within a regional park and, therefore, no further extraction of this resource is permitted. In addition to sand and gravel resources, Rock Mountain, situated immediately north of the Otay River, is currently being mined for boulders, which are processed into crushed rock. Although the MRZ-2 zone within the Otay River Valley has experienced sand and gravel mining in the past, the majority of this area is now within the Chula Vista MSCP Preserve. The MSCP is a comprehensive, long-term habitat conservation program that addresses the needs of multiple endangered, threatened, and sensitive plant and animal species. Pursuant to the Chula Vista MSCP Subarea Plan, in the long-term it is envisioned that no mining, extraction, or processing facilities and/or activities will occur in the Preserve. The Subarea Plan mandates that all temporary sand mining and related activities must be consistent with the objectives, guidelines, and requirements of the MSCP Subregional Plan, the City of Chula Vista's ordinances, and SMARA. The MSCP Subregional Plan states that: “New or expanded mining operations on lands conserved as part of the Preserve are incompatible with MSCP Preserve goals for covered The most valuable mineral resource in Chula Vista is construction aggregate. Page 517 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 species and their habitats unless otherwise agreed to by the wildlife agencies at the time the parcel is conserved.” Surface mining is regulated pursuant to SMARA, as implemented by the City through its recently adopted Surface Mining Operations Ordinance. As with the state and the San Diego region, the most valuable mineral resource in Chula Vista is construction aggregate. If an area containing such resources is developed prior to accessing these resources, it may result in the permanent loss of minerals that are of local and regional significance. Rock Mountain is a valuable asset for the City and the region; the continued mining of this resource is anticipated for the near future. However, the mining of resources within the City beyond Rock Mountain is anticipated to be very limited in the near-term and either very limited or nonexistent in the long -term. Furthermore, in the long-term, no mining is envisioned to occur at all within the Chula Vista MSCP Preserve. Efficiently extract regionally significant mineral resources in accordance with the Chula Vista MSCP Subarea Plan and require the appropriate reclamation of mined areas for suitable future development, recreation, open space, and/or habitat restoration. Policies E 5.1 E 5.2 E 5.3 Ensure that permit applications for proposed mineral resource extraction are consistent with the Chula Vista MSCP Subarea Plan. Consider and minimize impacts from mining operations to existing and future surrounding land uses. Ensure that approved mining reclamation plans fully comply with requirements of the Chula Vista MSCP Subarea Plan; Chula Vista Greenbelt Master Plan; Otay Valley Regional Park Concept Plan; and all other applicable plans regarding the restoration of biological habitats and the creation of trails and parkland. City of Chula Vista General Plan Objective - E 5 Page 518 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 3.1.6 Promoting Clean Air Both the federal government and the State of California have enacted legislation designed to improve air quality, including the 1970 Federal Clean Air Act and the California Clean Air Act of 1988. Attainment areas are in compliance with the national and/or California ambient air quality standards for a given pollutant; whereas, non-attainment areas are not. San Diego County's federal and state designations for each of the criteria pollutants as of December 2004 are as follows: TABLE 9-1 San Diego County’s Federal and State Designations for Criteria Pollutants as of December 2004 Criteria Pollutant Federal Designation State Designation Ozone (one hour) Attainment Nonattainment Ozone (eight hour) Nonattainment (no state standard) Carbon Monoxide Attainment Attainment Nitrogen Dioxide Attainment Attainment Sulfur Dioxide Attainment Attainment Lead Attainment Attainment Sulfates (no federal standard) Attainment Hydrogen Sulfide (no federal standard) Unclassified Visibility (no federal standard) Unclassified PM 101 Unclassifiable Nonattainment PM 2.52 (to be designated) (to be designated) 1particulate matter of 10 microns or less in diameter 2particulate matter of 25 microns or less in diameter Source: County of San Diego Air Pollution Control District and U. S. Environmental Protection Agency Unlike particulate matter and toxic air emissions that can be emitted directly from a vehicle's tailpipe, smog forms in the atmosphere from the photochemical reaction of volatile organic compounds and oxides of nitrogen, both of which are emitted by motor vehicles. Cars, trucks, and other motor vehicles produce about half of the smog-forming emissions in San Diego County. In addition, motor vehicles emit toxic air contaminants, contribute significantly to particulate matter levels, and in areas where substantial vehicular congestion occurs, can result in carbon monoxide (CO) “hot spots”. A toxic air contaminant is an air pollutant that may increase a person's risk of developing cancer and/or other serious health effects. Since 1990, the San Diego County Air Pollution Control District (APCD) has operated toxic sampling sites in El Cajon and Chula Vista. Data from these sites has consistently shown a significant downward trend in concentrations of several known carcinogens. Overall, emissions of air toxics are declining, with an 80 percent reduction in estimated industrial toxic air emissions since the early 1990's. Page 519 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page E-28 City of Chula Vista General Plan Page 520 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda MRZ-2 Area Map Figure 9-4 Page E-29 Page 521 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 522 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 523 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-31 City of Chula Vista General Plan The California Air Toxics “Hot Spots” Information and Assessment Act requires facilities emitting toxic substances to provide local air pollution control districts with information that will facilitate an assessment of the air toxics problem; identification of air toxics emission sources; location of resulting “hot spots”; notification of the public exposed to significant risk; and development of effective strategies to reduce potential risks to the public over a period of five years. The APCD is the implementing agency for approximately 1,600 facilities required to comply with the Act within San Diego County. At the state level, the California Air Resources Board continues to implement an ongoing program to identify toxic air contaminants, assess their public health risks, and develop air toxics control measures to reduce toxic emissions from specific source categories statewide. Local air districts then must adopt and implement the state-approved emission reduction measures. The APCD has adopted statewide air toxics control measures (or is directly implementing measures) requiring actions, including: emissions controls for chrome plating operations; medical and commercial sterilizers; medical waste incinerators; dry cleaning operations; metal melting operations; and automotive maintenance and repair activities. APCD Rule 1200 (Toxic Air Contaminants New Source Review), adopted in 1996, requires evaluation of potential health risks for any new, relocated, or modified emission unit that may increase emissions of one or more toxic air contaminants. The rule requires projects with an increase in cancer risk between 1 and 10 in one million to install toxics best available control technology. Additionally, projects with an increase in cancer risk between 10 and 100 in one million must meet significantly more stringent requirements to mitigate risks before they can be approved. Energy conservation and a transition from fossil fuel based electricity generation and heating to non-fossil fueled alternatives will reduce the amount of local, regional, and global air pollution produced and result in improved air quality. The City of Chula Vista has developed a number of plans and strategies that focus on improving air quality and energy conservation. The Chula Vista (Carbon Dioxide) Reduction Plan, adopted in November of 2000, contains twenty action measures aimed at reducing greenhouse gas emissions, improving air quality, and encouraging energy conservation. The City requires the preparation of an Air Quality Improvement Plan (AQIP) for all major development projects. The focus of an AQIP is to provide for energy conservation and air quality improvements through improved project design and participation in energy efficient building programs. Land use and transportation have the greatest impact on air quality in Chula Vista. While progress has been made at the regional level there is still much that can be done locally. Safeguarding public health is the focus of federal and state activities with regard to air quality programs. The impact of air quality on the health of the residents of Chula Vista is an important The Chula Vista Carbon Dioxide Reduction Plan contains twenty action measures aimed at reducing greenhouse gas emissions, improving air quality, and encouraging energy conservation. Page 524 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-32 City of Chula Vista General Plan issue. Energy conservation and a transition to renewable, non-fossil fuel based energy are an important means to reduce emissions caused by the generation of electricity. As growth and redevelopment continues in Chula Vista, air quality will remain an important factor to the quality of life desired by the community. Improve local air quality and reduce greenhouse gas emissions by minimizing the release of air pollutants and toxic air contaminants and limiting the exposure of people to such pollutants. Policies E 6.1 E 6.2 Encourage compact development featuring a mix of uses that locate residential areas within reasonable walking distance to jobs, services, and transit. Promote and facilitate transit system improvements in order to increase transit use and reduce dependency on the automobile. E 6.3 Facilitate the use of alternative fuel and low- and zero-emission vehicles and equipment in the community. E 6.4 Do not site new or re-powered fossil-fueled baseload or peaking-type Electric Generating Facilities and other major toxic emitters within 1,000 feet of sensitive receptors, or site sensitive receptors within 1,000 feet of such facilities. E 6.5 Ensure Electrical Generating Facilities incorporate cleaner fuel sources and least polluting technologies in order to help transition the City to a less fossil fuel- dependent future, while meeting Chula Vista’s energy demand. E 6.6 E 6.7 Explore incentives to promote voluntary air pollutant reductions, including incentives for developers who go above and beyond applicable requirements and for facilities and operations that are not otherwise regulated. Encourage innovative energy conservation practices and air quality improvements in new development and redevelopm ent projects consistent with the City's Air Quality Improvement Plan Guidelines or its equivalent, pursuant to the City's Growth Management Program. Objective - E 6 Page 525 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-33 City of Chula Vista General Plan E 6.8 Encourage climate resilient design techniques in new buildings and infrastructure to reduce future risks from climate change -related impacts such as wildfires, extreme heat, and flooding E 6.9 E 6.10 Discourage the use of landscaping equipment powered by two-stroke gasoline engines within the City and promote less-polluting alternatives to their use. The siting of new sensitive receivers within 500 feet of highways resulting from development or redevelopment projects shall require the preparation of a health risk assessment as part of the CEQA review of the project. Attendant health risks identified in the Health Risk Assessment (HRA) shall be feasibly mitigated to the maximum extent practicable, in accordance with CEQA, in order to help ensure that applicable federal and state standards are not exceeded. E 6.11 Develop strategies to minimize CO hot spots that address all modes of transportation. E 6.12 Promote clean fuel sources that help reduce the exposure of sensitive uses to pollutants. E 6.13 Encourage programs and infrastructure to increase the availability and usage of energy-efficient vehicles, such as hybrid electric vehicles, electric vehicles, or those that run on alternative fuels. E 6.14 Transition the City fleet to 100% “clean” vehicles by integrating hybrid and alternative fuel vehicles as current municipal fleet vehicles are replaced E 6.15 Site industries: and other stationary emitters in a way that minimizes the potential impacts of poor air quality on homes, schools, hospitals, and other land uses where people congregate, and disadvantaged populations. E 6.16 Encourage the use of bicycles through support of bike share opportunities, community bike programs, and the provision of bicycle parking opportunities such as bike racks and bike lockers. Explore opportunities for improving indoor air quality. Policies E6.A.1 Continue to limit exposure to secondhand smoke by encouraging the creation of smoke free spaces and facilities in public spaces, and at all workplaces and multi unit housing. Objective - E 6A Page 526 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-34 City of Chula Vista General Plan E6.A.2 Work with outside partners such as the local school districts and other community stakeholders to educate the public about environmental health threats such as of mold growth and establish programs to assist in reducing such threats. E6.A.3 Encourage programs to prevent insect and rodent infestation. E6.A.4 Support lead abatement programs. E6.A.5 Increase safe household hazardous waste disposal programming and outreach. E6.A.6 Leverage home and business energy upgrade programs to improve indoor air quality and comfort for occupants. Prioritize greening efforts to keep air, water, and land clean Policies E6.B.1 Protect and develop shade tree cover along streets and within parking lots as a priority, particularly in new developments or tree-deficient areas. E6.B.2 Preferentially plant female street trees to reduce pollen, especially in the most populated areas. E6.B.3 Prioritize natural filtration, as opposed to impermeable hardscaping, within new development projects, along roadways, and adjacent to stream and river banks. E6.B.4 Update the building code to support best practices in “green building” design, construction, and operations. E6.B.5 Provide fast-track permitting for projects that implement “green building” design and construction. E6.B.6 Encourage or require all new building construction to incorporate green roofs and encourage conversions of existing roof space to green roofs to reduce heat island effect. Objective - E 6B Page 527 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-35 City of Chula Vista General Plan 3.1.7 Creating A Sustainable Energy Future The focus of this section is energy conservation. (The Public Facilities and Services Element addresses energy demand, supply, and infrastructure.) Energy is essential to maintaining the existing quality of life and economic development and sustainability of the region. The primary sources of energy in San Diego County are electricity and natural gas. At present, the region is heavily dependent upon the importation of natural gas to produce electricity locally, as well as the importation of electricity produced outside of the region. Reducing demand for electricity and natural gas is an important step to help meet the growing energy needs of the region and meeting the intent and spirit of the City’s environmental goals. Plans and programs currently implemented by regional and local agencies to conserve energy and natural gas are helping to reduce demand. In 1994, SANDAG adopted the San Diego Regional Energy Plan that identified energy issues and specific measures to improve the efficiency of energy use and develop distributive power generation. As a result of the Regional Energy Plan, the San Diego Regional Energy Office (SDREO) was formed to provide information on energy issues for the region. In 2002, SDREO prepared the San Diego Regional Energy Infrastructure Study that provides an inventory and evaluation of energy supply and infrastructure necessary to meet regional needs through 2030. This study was used to develop the 2003 Regional Energy Strategy, a comprehensive plan that addresses electricity and natural gas supply and demand. It contains a broad vision of how energy challenges should be addressed and how energy will be produced and consumed throughout the region through 2030. The City of Chula Vista Energy Strategy and Action Plan (Energy Strategy) has nine strategy actions. The strategy actions are grouped into categories based on risk factors and payoff timeframes, ranging from continued or expanded conservation and education programs to the formation of a municipal utility to provide energy services. In addition to the Energy Strategy, a broad range of energy efficiency programs are implemented by the federal and state governments and utility providers that provide incentives to energy users to promote the use of energy efficient equipment and appliances and to builders that design and construct energy efficient buildings. Chula Vista has implemented a number of measures to improve the energy efficiency of City operations and facilities and transition to alternative clean energy sources, including, but not limited to, the purchase of alternative fuel buses; the use of biodiesel, energy efficiency upgrades for traffic signals and buildings; and the installation of photovoltaic systems on City facilities. Since 1990... Chula Vista has implemented a number of measures to improve the energy efficiency of City operations and facilities and transition to alternative clean energy sources. Page 528 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-36 City of Chula Vista General Plan Meeting the future energy needs of Chula Vista and the region will require an integrated approach, including: increased development of, and reliance, on renewable energy sources; decreased dependence on non-renewable energy sources; and the expansion and promotion of energy conservation programs and measures. The development of renewable sources of energy within Chula Vista and the region will facilitate the ability to meet energy needs in an environmentally sensitive manner and reduce dependency upon imported energy. Promote energy conservation through the efficient use of energy and through the development of local, non-fossil fuel-based renewable sources of energy. Policies E 7.1 Promote development of regulations and building design standards that maximize energy efficiency through appropriate site and building design and through the use of energy-efficient materials, equipment, and appliances. E 7.2 Encourage and support the local research, development, generation, and use of non-fossil, fuel-based renewable sources of energy, including wind and solar resources, that meet local energy needs in an environmentally sensitive manner and reduce dependence on imported energy. E 7.3 Develop and provide pertinent information about the benefits of energy conservation and available energy conservation incentive programs to all segments of the community. E 7.4 Pursue and encourage the expansion of local energy conservation, energy efficiency, and related incentive programs. E 7.5 Pursue 40% City-wide electricity supply from clean, renewable resources by 2017. E.7.6 Encourage the construction and operation of green buildings, considering such programs as the Leadership in Energy and Environmental Design (LEEDTM) Green Building Rating System. E 7.7 Support tree planting programs that will be implemented to reduce energy needs. E 7.8 Ensure that residential and non-residential construction complies with all applicable City of Chula Vista energy efficiency measures and other green building measures that are in effect at the time of discretionary permit review and Approval or building permit issuance, whichever is applicable Objective - E 7 Page 529 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-37 City of Chula Vista General Plan 3.1.8 Promoting Solid Waste Reduction Strategies While the Public Facilities and Services Element addresses current and future solid waste disposal facility needs, this section of the Environmental Element addresses recycling and waste reduction efforts. Recycling and solid waste reduction programs have been in place in Chula Vista since 1990 to meet the State goal of diverting or reducing 50 percent of the solid waste generated by all residential, commercial, and industrial uses. A City-wide residential curbside collection program for recyclable items has been in place since 1991. The preparation of a solid waste management plan is required as part of the permit approval process for new development and redevelopment projects; the plan must address the pre-construction, construction, and operational phases of the project. As a result of these efforts, Chula Vista has reduced or diverted more than 50 percent of the solid waste generated within the City, thereby achieving the State goal. Chula Vista's household hazardous waste (HHW) program, designed to provide a means to safely collect; recycle; treat; and dispose of HHW, was implemented in 1997. HHW collected at the City's facility is sent to various locations throughout the United States for treatment and/or recycling. Section 3.4.2 of this element, Managing Household Hazardous Waste, further addresses the management of HHW. Public education and awareness programs, including programs for school-age children, support the recycling program and contribute to high participation rates. In addition to recycling, Chula Vista's solid waste management strategies include source reduction and composting. The City is working towards the goal of establishing a permanent compost site at the Otay Landfill. The current and future demand for solid waste disposal requires Chula Vista to take an aggressive approach to source reduction. Continued efforts to educate the public about recycling, proper disposal of household hazardous waste, and composting will be critical to meeting the future solid waste disposal needs of the General Plan area. Minimize the amount of solid waste generated within the General Plan area that requires landfill disposal. Chula Vista has reduced or diverted more than 50 percent of the solid waste generated within the City. Objective - E 8 Page 530 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-38 City of Chula Vista General Plan Policies E 8.1 Promote efforts to reduce waste, minimize the need for additional landfills, and provide economically and environmentally sound resource recovery, management, and disposal facilities. E 8.2 Support the development of composting programs for commercial and residential development. E 8.3 Implement source reduction strategies, including curbside recycling, use of small collection facilities for recycling, and composting. E 8.4 Provide information about applicable solid waste reduction programs to all segments of the community, including other governmental institutions. E 8.5 Encourage the reduction of household hazardous waste generation and disposal by promoting the use of safe substitutes, and by promoting and facilitating recycling of household hazardous waste. E 8.6 Permit recycling operations and businesses that utilize recyclable materials within industrial zones in close proximity to Otay Landfill, subject to conformance with applicable SPA Plan-level policies and zoning regulations. 3.1.9 Protecting Chula Vista’s Cultural Resources Cultural resources consist of: buildings; structures; objects; archaeological sites; districts; landscapes; places; traditional cultural properties; manuscripts; and other resources deemed to be historically significant or significant from an architectural; engineering; scientific; economic; agricultural; educational; social; political; military; or cultural standpoint at the local , state, or national level. A cultural resource may: be the location of a prehistoric or historic occupation or activity; be a locale that has been, and often continues to be, of religious, mythological; cultural, economic, and/or social importance to an identifiable ethnic group; be associated with events that have made a significant contribution to history or cultural heritage; be associated with the lives of important persons; embody the distinctive characteristics of a type, period, region, or method of construction; represent the work of an important creative individual; possess high artistic values; or yield information important in prehistory or history. Cultural resources that reflect the history of a community, from descendants of the earliest Native Americans to later explorers, settlers, and immigrants, are important to the community and, therefore, warrant protection by the City. Page 531 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-39 City of Chula Vista General Plan Cultural resources may be listed in a local register of historical resources, in the California Register of Historical Resources, and in the National Register of Historic Places. The Chula Vista List of Designated Historic Sites constitutes the City of Chula Vista's local register of historical resources. On September 30, 2003, the City Council accepted the Ad Hoc Historic Preservation Committee's report, entitled “An Evaluation of Historic Preservation in Chula Vista.” Policies addressing the implementation of the report's recommendations are contained in Section 7.6 of the Land Use and Transportation Element. Due to the relationship between historic buildings, community character, and urban design, the specific issues pertaining to historic buildings are addressed in the Land Use and Transportation Element. The focus of this section is on the remaining types of cultural resources. Native American presence in San Diego County is known to extend back approximately 9,000 years from today. Approximately 600 prehistoric archaeological sites have been recorded within the Chula Vista General Plan area, many of which remain in part or in total, suggesting the likelihood that additional unrecorded sites are present within undeveloped, as well as some previously developed, portions of the General Plan area. Spanish contact in the region in 1769 marked the end of the prehistoric era and the beginning of the historic era. The Chula Vista area was part of a Spanish land grant known as Rancho del Rey, the King's Ranch. Under Mexican rule in 1821, this ranch, encompassing National City, Chula Vista, Bonita, Sunnyside, and the Sweetwater River Valley, was known as Rancho de la Nacion. The United States military occupied the region in 1846 and assumed formal control with the Treaty of Guadalupe- Hidalgo in 1848. In 1850, the California State Legislature formally organized San Diego County. The Santa Fe Railroad was brought to southern California in 1885, with its first terminus in National City. Subsequently, the Sweetwater Dam was built to bring water to Chula Vista and a railroad was built connecting Chula Vista and Otay Mesa with National City and San Diego. In time, Chula Vista became the largest lemon-growing center in the world. The City of Chula Vista was incorporated in 1911, with a population of 550. After its incorporation, Chula Vista continued to be a leading lemon-growing center; other important crops produced in Chula Vista included tomatoes and celery. Chula Vista was also home to several other significant industries. The Salt Works has been operating on the Chula Vista bayfront since the end of the nineteenth century, and Rohr Aircraft Company was established on the Chula Vista bayfront during the 1940s. Chula Vista assesses and mitigates the potential impacts of private development and public facilities and infrastructure to significant cultural resources pursuant to the provisions of the California Environmental Quality Act (CEQA). Sections 15064.5 and 15126.4 of the State CEQA Guidelines define historical resources (i.e., cultural resources) and address, in general terms, mitigation requirements for significant and potentially significant impacts to such resources. Pursuant to the State CEQA Guidelines, historical resources are not limited to officially listed resources, but also include resources found to be eligible for listing at the local, state, and federal levels. Cultural resources that reflect the history of a community, from descendants of the earliest Native Americans to later explorers, settlers, and immigrants, are important to the community and, therefore, warrant protection by the City. Furthermore, the accessibility of important cultural resources to the public for educational, religious, cultural, scientific and other purposes should be supported and encouraged by the City. Page 532 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-40 City of Chula Vista General Plan Protect Chula Vista’s important cultural resources and support and encourage their accessibility to the public. Policies E 9.1 Continue to assess and mitigate the potential impacts of private development and public facilities and infrastructure to cultural resources, in accordance with the California Environmental Quality Act. E 9.2 E 9.3 Support and encourage the accessibility of Chula Vista’s important cultural resources to the public for educational; religious; cultural; scientific; and other purposes, including the establishment of museums and facilities accessible to the public, where such resources can be appropriately studied, exhibited, curated, etc. Discourage disruption, demolition, and other negative impacts to historic cultural Resources. 3.1.10 Protecting Paleontological Resources Paleontological resources, or fossils, are the remains and/or traces of prehistoric (i.e., older than approximately 10,000 years) plant and animal life. Fossils provide us with direct evidence of ancient organisms and document the patterns of organic evolution and extinction that have characterized the history of life over the past 3.4 billion years. Paleontological resources, like archaeological resources, represent a limited, non-renewable, and sensitive scientific and educational resource. In California, impacts to paleontological resources are addressed through the environmental review process pursuant to CEQA. Fossil remains, such as bones, teeth, shells, and wood are found in the geologic deposits (sedimentary rock formations) within which they were originally buried. In the sense of being buried, paleontological resources are like archaeological resources. However, archaeological resources are typically found in shallow surficial soils and colluvium, while paleontological resources are found in deeper bedrock layers of sandstone, mudstone, or shale. Negative impacts to paleontological resources generally take the form of physical destruction of fossil remains by excavation operations. Objective - E 9 Page 533 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-41 City of Chula Vista General Plan Paleontological resources can be thought of as including not only actual fossil remains, but also the localities where those fossils are collected, and the geologic formations (rock units) containing the localities. This direct relationship between fossils and the geologic formations within which they are entombed is important for planning purposes. Knowledge of the geology of a particular area and the paleontological resource sensitivity (i.e., fossil productivity) of particular geologic formations makes it possible to predict where fossils may (or may not) be encountered. A number of distinct geologic formations that record portions of the past 140 million years of Earth history are present within the General Plan area; however, the record is most complete for only the past 42 million years. The geologic formations present within the General Plan area consist of: Mission Valley Formation; Otay Formation; San Diego Formation; Sweetwater Formation; Bay Point Formation; Unnamed nearshore marine sandstone; Lindavista Formation; Unnamed river terrace deposits; Later Quaternary alluvium; and Santiago Peak Volcanics. The paleontological resource sensitivity of these formations ranges from marginal to high. Deciphering this geological and biological record is an ongoing process and each year brings new discoveries. This is especially the case in the City of Chula Vista, where continued growth and development presents potential impacts to local paleontological resources. Over the past 20-plus years, mitigation of these impacts has resulted in the recovery and conservation of thousands of significant fossils, including many that represent species new to science. Negative impacts to paleontological resources generally take the form of physical destruction of fossil remains by excavation operations. Burial of paleontological resources is not considered to represent a significant impact, since the resources are not destroyed. Significant impacts to sensitive paleontological resources can be mitigated through a mitigation program. Typically, mitigation occurs during construction, consisting of monitoring during excavation operations and the recovery of significant resources. Recovered resources are then curated at an appropriate institution, where they are available for immediate and future paleontological study and can be displayed for public viewing. Chula Vista assesses and mitigates the potential impacts of private development and public facilities and infrastructure to paleontological resources pursuant to the provisions of CEQA. Pursuant to Section 15065 of the State CEQA Guidelines, a lead agency must find that a project may have a significant effect on the environment where the project has the potential to eliminate important examples of the major periods of California prehistory, which includes the destruction of significant paleontological resources. Page 534 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-42 City of Chula Vista General Plan Protect important paleontological resources and support and encourage public education and awareness of such resources. Policies E 10.1 E 10.2 Continue to assess and mitigate the potential impacts of private development and public facilities and infrastructure to paleontological resources in accordance with the California Environmental Quality Act. Support and encourage public education and awareness of local paleontological resources, including the establishment of museums and educational opportunities accessible to the public. 3.2 Open Space Open space provides for the preservation of natural resources, such as: wildlife and their habitats; scenic vistas; unique natural conditions; sensitive vegetation; agricultural uses; and productive soils. Open space also can provide a break in the urban structure, creating visual relief; diversity; texture; pattern; and continuity to the overall pattern of development. Additionally, open space can be used to limit or restrict development in areas exposed to significant hazards, such as: earthquakes; landslides; fires; floods; and erosion, and as a buffer to protect sensitive uses from noise. The following four open space land use designations have been established to address the different types and functions of open space areas throughout the General Plan area: Open Space; Open Space Preserve; Open Space - Active Recreation; and Parks and Recreation. These specific designations apply to areas that have an abundance of natural resources; visual resources; recreational value; and/or public safety concerns, among other attributes. The Land Use and Transportation Element describes the open space land use The Chula Vista Greenbelt incorporates developed and un- developed open space and potential new open space linkages to form a continuous 28-mile open space and park system around the perimeter of the City. Objective - E 10 Page 535 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-43 City of Chula Vista General Plan designations and their locations throughout the City. The aforementioned four open space land use designations are depicted on Figure 9-5 as a composite open space network. The Chula Vista Greenbelt incorporates developed and undeveloped open space and potential new open space linkages to form a continuous 28-mile open space and park system around the perimeter of the City, serving as a limit to the City's urban development (Figure 9-6). The Chula Vista Greenbelt Master Plan addresses a variety of issues and challenges, including: existing and potential trail locations; development standards for future trails and parking/staging areas; management and maintenance responsibilities; and the establishment of an open space network that connects parks and activity areas throughout the City. The Chula Vista Parks and Recreation Master Plan’s inventory includes existing parks and recreation facilities, a needs assessment, and policies to implement the General Plan. It also discusses open space areas and trails. The Otay Ranch General Development Plan (GDP) governs the development of the 23,000-acre Otay Ranch. As a part of the Otay Ranch GDP, a large regional trail system linked to paseos and public parks will provide for a variety of recreational options. An 11,000-acre open space preserve has been established to protect most of the natural resource areas within Otay Ranch. The Otay Ranch GDP and Otay Ranch Resource Management Plan recognize the importance of environmental and landform preservation, and the need to design environmentally sensitive communities. The Otay Valley Regional Park Concept Plan addresses the planned 8,700-acre, multi- jurisdictional regional open space system extending through the Otay River Valley from San Diego Bay to the Otay Lakes (Figure 9-6). Opportunities exist for the park to contain substantial preserve area, as well as active and passive recreation areas and equestrian, hiking, and biking trails. The Multiple Species Conservation Program (MSCP) is a comprehensive program for the preservation of numerous sensitive plant and animal species in the region. The Chula Vista MSCP Subarea Plan anticipates the development of active recreation uses within portions of the Otay River Valley and limited opportunities for trails and passive recreation within portions of the MSCP Preserve. (See Section 3.1.1 if this element for more information on the MSCP.) Page 536 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-44 City of Chula Vista General Plan 3.2.1 Connecting and Improving Chula Vista’s Open Space and Trails Network Chula Vista has significant open space areas with a variety of natural resources. The City has taken a multi-track approach to the conservation and management of its open space resources, including the preservation of critical landforms and requirements for open space dedication in master planned communities. There are currently several thousand acres of undeveloped land throughout the General Plan area. Although some of this land will remain as permanent open space and is designated as such through the General Plan, much of it will be developed in the future. The primary open space network in the City of Chula Vista and south San Diego County is the Chula Vista Greenbelt (Figure 9-6). As the backbone of an open space and park system that extends throughout Chula Vista and beyond, the Greenbelt encircles urban areas, providing visual relief; recreational opportunities; resource protection; and a unique identity for the City. In master planned communities, the City requires dedication of open space to preserve natural resources and to create visual relief, diversity, and texture for the community. Some of the open space created in this manner is within the Chula Vista Greenbelt, while the remainder is internal to the communities. The City has other small open space areas outside of master planned communities, including utility corridors, unimproved drainage courses, and undeveloped canyon areas. Parks are considered a component of the City’s open space network, in light of the visual relief that they provide from the built environment. Park and recreation needs of the community are addressed in the Public Facilities and Services Element. The developed portions of western Chula Vista include limited amounts of trails and open space. With increased residential densities and intensity of development in this portion of the City, there will be a corresponding increase in demand for all forms of open space. Open space areas in newer developments often lie disconnected from the Greenbelt. There are opportunities to provide internal trail connections, especially within existing utility corridors and along important roadways. Trails are defined as paths used for walking, bicycling, horseback riding, or other forms of recreation or transportation. The Greenbelt Master Plan envisions two types of trails within the Greenbelt: multi-use trails and rural trails. Multi-use trails are designed for a variety of users, such as: bicyclists; equestrians; pedestrians; joggers; and other non-motorized activities; and may be improved with a variety of trail surfaces. Rural trails provide access to open space areas and are Page 537 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda General Plan Area Open Space Map NORTH N.T.S. Figure 9-5 Page E-45 Page 538 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Blank Page 539 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Natural Systems Open Space Map Figure 9-6 Page E-47 Page 540 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 541 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-49 City of Chula Vista General Plan designed to minimize impacts to natural resources, limit access to maintenance and emergency vehicles, and may limit the type of users, depending on permitted uses in these resource areas. Limited opportunities exist for trails within portions of the Chula Vista MSCP Preserve (Figures 9-2 and 9-6). The provision of future trails should not only consider those within the Greenbelt and the MSCP Preserve, but also landscape promenades, paseos, or other urban trails/paths that connect community features or activity areas, or that connect the core area of the City to the Greenbelt and MSCP Preserve. As development and population growth in Chula Vista continues, improvement of the City's open space and trails network, including the provision of additional internal connections between the various elements of the network, will become increasingly important. The preparation of a City- wide Trails Master Plan is needed, and the creation of connected paseos and trails between community activity areas should be encouraged. The provision of sufficient open space areas is needed within the remaining development areas of the City's master planned communities and within other large-scale developments, such as on the Bayfront. Urban community-based “green” infrastructure that is distinct from habitat conservation should be expanded upon and encouraged. The retention and utilization of open space areas, including undeveloped natural areas, utility corridors, and key scenic corridors, should be encouraged, where feasible. Improve Chula Vista’s open space and trails network, including the provision of additional internal connections between the various elements of the network. Policies E 11.1 E 11.2 E 11.3 Provide an integrated network of open space areas, as needed, throughout the City to serve residents, as well as to serve as a regional asset and attractor of visitors (e.g., on the bayfront and within the Otay River Valley). Plan for the long-term preservation and enhancement of open space within the Chula Vista Greenbelt. Conserve open space within the Chula Vista Greenbelt through public acquisition of private property and other acceptable conservation methods. Objective - E 11 Page 542 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-50 City of Chula Vista General Plan E 11.4 E 11.5 E 11.6 E 11.7 E 11.8 E 11.9 E 11.10 Prepare and implement a City-wide Trails Master Plan that defines staging and access areas, trail types, standards, and siting criteria, consistent with the Greenbelt Master Plan and the Chula Vista MSCP Subarea Plan, including the placement of appropriate limitations on public access outside of designated trails and staging and access areas. Encourage the creation of connected paseos and trails between community activity areas and enhance with kiosks and rest stations. The Sweetwater River corridor should be restored and enhanced as an environmental and recreational resource for the community. Expand upon and encourage urban community-based “green” infrastructure that is distinct from habitat conservation (e.g., community, neighborhood, and pocket parks, disturbed canyons, community and roof gardens, and vegetated drainages) and ensure that such facilities are integrated into new development and redevelopment in western Chula Vista. Develop a greenbelt park and/or open space system through the Bayfront Planning Area to link the Sweetwater and Otay rivers and to buffer sensitive natural resources from development within the planning area. Work with utility owners and operators to promote the use of utility easements and corridors as open space and trail corridors. Encourage the retention of open space areas, including undeveloped natural areas and utility corridors, wildlife corridors, and key scenic corridors. Page 543 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-51 City of Chula Vista General Plan 3.2.2 Providing Connections to the Regional Open Space and Trails Network Chula Vista's open space and trail network abuts other regional open space areas and trails, including: the Bayshore Bikeway; California Riding and Hiking Trail; Sweetwater Valley trail system; future Otay Valley Regional Park trail system; and the open space preserve in the unincorporated eastern portion of Otay Ranch. Some connections between the City's open space and trails network and the regional network exist today; others are planned; and additional opportunities will likely become evident as future regional open space and trails plans are formulated and implemented. Future connections between the City's open space and trails network and the regional network will serve Chula Vista residents and visitors, as well as surrounding communities. Providing such connections will require careful collaboration with the applicable agencies responsible for planning, implementing, and managing the various components of the regional open space and trails network. In addition, opportunities for connections to the regional open space and trails network through developments adjacent to the network should be explored as the City processes development proposals. Provide connections between Chula Vista’s open space and trails network and the regional network. Policies E 12.1 E 12.2 Collaborate with San Diego County, the City of San Diego, and other applicable agencies to provide connections between Chula Vista's open space and trails network and the regional network, in accordance with the Chula Vista MSCP Subarea Plan and Otay Valley Regional Park Concept Plan. Explore opportunities for connections to the regional open space and trails network through developments within the City adjacent to the network as development proposals are reviewed and processed, and work with project proponents and applicable agencies to plan, develop, and manage such connections. Objective - E 12 Page 544 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-52 City of Chula Vista General Plan 3.2.3 Exploring Ecotourism Opportunities Chula Vista and the south San Diego County subregion possess a multitude of natural resources and ecologically-oriented recreational amenities, including: the San Diego National Wildlife Refuge Complex; San Diego Bay; Pacific Ocean; Sweetwater Valley Regional Park; planned Otay Valley Regional Park; Otay Lakes; Bayshore Bikeway; California Riding and Hiking Trail; and a portion of the Peninsular Ranges. San Diego County has over 200 plant and animal species that are federally and/or state listed as endangered, threatened, or rare; proposed or candidates for listing; or otherwise are considered sensitive, many of which occur in the subregion. These and many other species of plants; fish; amphibians; reptiles; birds (including migratory species); and mammals reside within the vast array of upland and wetland habitats of the subregion's coastal, inland, and mountain areas. The natural resources and ecologically-oriented recreational amenities of the subregion are presently enjoyed by local residents as well as visitors from throughout the southern California/northern Baja California binational region and beyond. The International Ecotoursim Society defines ecotourism as "responsible travel to natural areas that conserves the environment and improves the well-being of local people." Chula Vista and the south San Diego County subregion possess unique and varied natural resources and ecologically-oriented recreational amenities. Ecotourism also promotes the conservation of natural resources and contributes to the diversification and health of the local economy. Given the ecological and economic benefits that could be derived from ecotourism in Chula Vista and the subregion, its potential viability is worthy of exploration. Acknowledge the uniqueness of the natural resources and ecologically- oriented recreational amenities in Chula Vista and the south San Diego County subregion and the potential viability of ecotourism to enhance economic and environmental sustainability. Ecotourism promotes the conservation of natural resources and contributes to the diversification and health of the local economy. Objective - E 13 Page 545 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-53 City of Chula Vista General Plan Policies E 13.1 Collaborate with other jurisdictions and agencies within Chula Vista and in the south San Diego County subregion to explore the potential viability of near-term and long-term ecotourism opportunities, and to promote such opportunities. 3.3 Natural Hazards Natural hazards in Chula Vista are associated with earthquakes; landslides; slope instability; flooding; dam inundation; and wildland fires. This section identifies the environmental safety hazards facing existing and new development in Chula Vista and includes general hazard and risk reduction strategies and policies, such as the mitigation of hazards through avoidance in new development and redevelopment. 3.3.1 Identifying and Limiting Geologic Hazards Seismic Hazards Chula Vista’s General Plan area is situated within seismically active southern California. While no known Alquist-Priolo Earthquake Fault Zones or active faults (i.e., faults that exhibit evidence of ground displacement during the last 11,000 years) traverse Chula Vista, traces of the potentially active La Nacion fault zone are known to cross the City in a generally north- south direction within the central portion of the City (Figure 9- 7). The greatest magnitude earthquake expected on the La Nacion fault is estimated to be 6.0. The nearest active faults are the Rose Canyon fault, located approximately 14 miles northwest of the City, and the Coronado Bank fault, located approximately 30 miles from the City. Other active faults in the region are located more than 60 miles from the City. In general, hazards associated with seismic activity include: strong ground motion; ground surface rupture; liquefaction; and seismically induced settlement. Ground surface rupture is not considered likely to occur in the City’s General Plan area, due to the absence of any known active faults. Lurching or cracking of the ground surface as a result of nearby or distant seismic events is also considered unlikely. Strong vibrations due to earthquakes can cause liquefaction of certain soil types. Areas of Chula Planning for a safe community requires consideration of geologic hazards. Incorporating proper geotechnical engineering techniques in development projects can reduce the risks associated with geologic hazards to an acceptable level. Page 546 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-54 City of Chula Vista General Plan Vista in close proximity to San Diego Bay and the Sweewater and Otay River Valley (Figure 9-7) have shallow groundwater tables and poorly consolidated granular sediments potentially subject to seismically-induced liquefaction. Seismic activity within the region can cause structures to fail, resulting in significant property damage, business disruptions, injuries and even loss of life. Landslides and Slope Instability Areas of known landslides, or areas generally susceptible to landsliding, within the General Plan area have been identified (see Figure 9-7). The potential for earthquake-induced landsliding in hillside terrain is also present. Slopes steeper than 25 degrees (approximately 2:1) are potentially subject to instability. Such areas may be prone to hazards such as: surficial failures; earthflows; debris flow; mudslides; rock falls; soil creep; and erosion. Failures of man-made slopes could also occur in some of the previously developed areas of the City. Planning for a safe community requires consideration of geologic hazards. Incorporating proper geotechnical engineering techniques in development projects can reduce the risks associated with geologic hazards to an acceptable level. The State Historical Building Code is a tool that is available to the City to ensure reasonable safety of historically significant buildings from geologic hazards while facilitating the maintenance of the historical integrity of such buildings. Minimize the risk of injury, loss of life, and property damage associated with geologic hazards. Policies E 14.1 To the maximum extent practicable, protect against injury, loss of life, and major property damage through engineering analyses of potential seismic hazards, appropriate engineering design, and the stringent enforcement of all applicable regulations and standards. Objective - E 14 Page 547 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Geologic Hazards Map Figure 9-7 Page E-55 Page 548 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Blank Page 549 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 E 14.2 E 14.3 E 14.4 E 14.5 Prohibit the subdivision, grading, or development of lands subject to potential geologic hazards in the absence of adequate evidence demonstrating that such development would not be adversely affected by such hazards and would not adversely affect surrounding properties. Require site-specific geotechnical investigations for proposals within areas subject to potential geologic hazards; and ensure implementation of all measures deemed necessary by the City Engineer and/or Building Official to avoid or adequately mitigate such hazards. Promote programs to identify un-reinforced masonry buildings and other buildings and structures that would be at risk during seismic events; and promote strengthening of these buildings and structures, where appropriate. Wherever feasible, land uses, buildings, and other structures d etermined to be unsafe from geologic hazards shall be discontinued, removed, or relocated. 3.3.2 Identifying and Limiting Flood Hazards During severe rain seasons, low-lying areas along the floodplains of the Sweetwater and Otay Rivers and several of their tributaries, including Telegraph Canyon Creek, Poggi Channel, Salt Creek, and Jamul (Dulzura) Creek, as well as certain drainage facilities, may experience flooding. Dams, levees, reservoirs and drainage channels have been constructed to control the drainage of much of the watershed for the General Plan area, thereby reducing the potential for hazardous flooding of developed areas. The Federal Emergency Management Agency (FEMA) has delineated inundation areas for 100-and 500-year floods. Areas designated to be within the 100-year flood zone are shown on Figure 9-8. Figure 9-8 also depicts areas subject to flood inundation in the event of failure of the Sweetwater, Upper Otay, or Savage (Lower Otay) Dams. Dams typically fail due to overtopping by reservoir water during heavy rainfall episodes, structural damage, and earthquake-related hazards such as landsliding, ground shaking, and seiches, which are waves in an enclosed or semi-enclosed body of water, such as a lake or bay. Tsunamis, long wavelength seismic sea waves generated by sudden movements of the ocean bottom during submarine earthquakes, landslides, or volcanic activity, conceivably could have adverse effects on the coastal areas of Chula Vista. However, because the City is adjacent to a relatively protected part of the San Diego Bay, the potential for significant wave damage is considered low. In the unlikely event of the development of noticeable seiches, it is conceivable that local areas adjacent to the Otay Lakes and the San Diego Bay could be impacted by wave activity. City of Chula Vista General Plan Page 550 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-58 City of Chula Vista General Plan Flooding associated with heavy rainfall episodes, as well as dam failure, pose a significant hazard to people and property. Although much less likely to occur, tsunamis and seiches also represent potential flood hazards in portions of Chula Vista in proximity to the San Diego Bay and the Otay Lakes. Furthermore, flooding can result in costly damage to private and public property and infrastructure and by damaging roadways and creating unsafe driving conditions, flooding impedes traffic and disrupts business operations. Minimize the risk of injury and property damage associated with flood hazards. Policies E 15.1 Prohibit proposals to subdivide, grade, or develop lands that are subject to potential flood hazards, unless adequate evidence is provided that demonstrates that such proposals would not be adversely affected by potential flood hazards and that such proposals would not adversely affect surrounding properties. Require site-specific hydrological investigations for proposals within areas subject to potential flood hazards; and implement all measures deemed necessary by the City Engineer to avoid or adequately mitigate potential flood hazards. E 15.2 Wherever feasible, land uses, buildings, and other structures determined to be unsafe from flood hazards shall be discontinued, removed, or relocated. Objective - E 15 Page 551 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Flood and Dam Inundation Hazards Map Page E-59 Figure 9-8 Page 552 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-60 City of Chula Vista General Plan 3.3.3 Identifying and Limiting Wildland Fire Hazards Wildland fire risk zones are areas that have steep slopes, limited precipitation, and plenty of available fuel, or combustible plant material. Wildland fire risk zones designated by the California Department of Forestry and Fire Protection in 1999 are depicted on Figure 9-9, portions of which have subsequently been converted to urban development. Brush management is required to be undertaken in the City in areas where urban development interfaces with open space, in order to reduce fire fuel loads and reduce potential fire hazard. The City adopted the 1997 edition of the Urban-Wildland Interface Code (UWIC) as a part of the Chula Vista Municipal Code, which became effective in 1999, and subsequently adopted the 2000 edition of the UWIC in 2002. The City is currently reviewing the 2003 edition of the International Urban-Wildland Interface Code with the intent to incorporate amendments appropriate to local conditions into the City’s UWIC. The purpose of the UWIC is to lessen the risk to life and structures from intrusion of fire from wildland fire exposures and fire exposures from adjacent structures and to prevent structure fires from spreading to wildland fuels. The Chula Vista MSCP Subarea Plan also provides brush management guidelines for reducing potential fire hazards for existing and new communities within the City. The MSCP Subarea Plan references provisions for emergency brush management activities conducted at the discretion of the Fire Marshal. Since Chula Vista receives limited precipitation, the potential for wildland fires represents a significant hazard within areas of the City. However, implementing appropriate techniques, consistent with the Chula Vista MSCP Subarea Plan and the City's UWIC, can reduce such hazards. Minimize the risk of injury and property damage associated with wildland fire hazards. Policies E 16.1 Implement brush management programs that which are consistent with the Chula Vista MSCP Subarea Plan and the City's Urban-Wildland Interface Code, within urban development and open space interface areas in order to reduce potential wildland fire hazards. Brush management guidelines with in the MSCP Subarea Plan and the Urban-Wildland Interface Code shall include limits and measures to prevent increased risk of erosion. Objective - E 16 Page 553 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Wildland Fire Hazards Map Figure 9-9 Page E-61 Page 554 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-62 City of Chula Vista General Plan 3.4 Hazardous Materials and Waste Hazardous materials are used, transported, produced, and stored for a variety of purposes in Chula Vista. Associated with commercial, light industrial, public, and residential areas, hazardous materials have the potential to impair public health and degrade the environment. Hazardous materials may exhibit toxic, corrosive, reactive, and/or flammable characteristics. The risk posed by a particular material depends on its chemical composition, physical state, and concentration. Risk also depends on management and handling techniques, as well as the number of people exposed to the materials. Protecting the public from potential threat requires addressing these risk factors. Regulations Federal, state and county agencies closely regulate hazardous materials to protect public health and the environment. The U.S. Environmental Protection Agency, State of California Environmental Protection Agency and the Hazardous Materials Management Division of the County of San Diego Department of Environmental Health regulate and issue permits for the use, storage, disposal, and transport of hazardous materials. Conditions of such permits require precautionary measures to minimize potential risks. 3.4.1 Remediation of Contaminated Sites A search of federal, state and local databases identified numerous known and potentially contaminated sites within and immediately adjacent to Chula Vista. The majority of these sites are located in older industrial and commercial areas west of Interstate 805 and along Main Street east of Interstate 805. Known and potentially contaminated sites within Chula Vista are primarily associated with unauthorized releases of oil and hazardous substances (e.g., leaking underground storage tanks); former solid and hazardous waste disposal and transfer sites; use, storage, and transport of hazardous materials; and hazardous waste generation. Page 555 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-63 City of Chula Vista General Plan Future redevelopment of contaminated sites could be impaired unless adequate remediation of such sites occurs. Redevelopment proposals will continue to be reviewed by the City to determine the presence and extent of contamination affecting redevelopment project sites. Remediation of contaminated sites will continue to be required of developers, as necessary, to protect public health and safety, in accordance with the recommendations of appropriate environmental assessments and consistent with all applicable regulations and standards. Ensure the adequate remediation of contaminated sites as redevelopment occurs in order to protect public health and safety. Policies E 17.1 E 17.2 Clean contaminated sites to protective limits to ensure that planned future uses of such sites and public health and safety are not compromised. Prior to the redevelopment of contaminated sites, ensure adequate remediation in accordance with the recommendations of appropriate environmental assessments and consistent with all applicable regulations and standards. 3.4.2 Managing Household Hazardous Waste Household hazardous waste (HHW) generated by Chula Vista residents cannot be disposed of at the local and regional landfills serving the City and is, therefore, handled separately from non- hazardous solid waste. HHW includes: used motor oil; latex and oil based paints; used antifreeze; cleaning products; aerosol containers; dry cell and automotive batteries; pesticides and garden chemicals; and solvents. Chula Vista's HHW efforts are designed to provide a means to safely collect, recycle, treat, and dispose of HHW. Chula Vista's current HHW program, initiated in 1997, includes a temporary storage facility located at the City's John Lippitt Public Works Center on Maxwell Road. This facility was designed as a regional facility to accommodate waste from the South Bay area, including areas outside the City limits. The majority of the HHW collected at the City's facility is reused or recycled and is, thus, diverted from landfill disposal. HHW is sent to various locations throughout the United States for treatment and/or recycling. In addition to the City's HHW facility, Objective - E 17 Page 556 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-64 City of Chula Vista General Plan the City provides free curbside used motor oil and oil filter collection through its solid waste collection franchisee. Source reduction, a form of diversion, is promoted through public education on alternatives to toxic products. The City plans to expand its HHW program to include conditionally exempt, small-quantity generators, such as small group painters and very small- scale mobile automobile mechanics. In the absence of convenient and affordable HHW collection facilities and sufficient public education, the extent of improper HHW disposal would likely be great. The adverse impacts of improper HHW disposal to the environment and to public health and safety warrant significant efforts to facilitate proper disposal. Public education on alternatives to toxic products can yield a reduction of HHW sources and, in turn, a reduction in HHW generation; therefore, such efforts are also warranted. Minimize the use of toxic products by residents and small businesses and facilitate the proper disposal of household hazardous waste. Policies E 18.1 Provide convenient and affordable household hazardous waste collection facilities and services for residents and small businesses, including City facilities, community collection events, and curbside collection. E 18.2 Minimize the use of toxic products by residents and small businesses through public education on alternative products and methods. 3.4.3 Siting Hazardous Waste Facilities Products as diverse as gasoline; paint; solvents; film-processing chemicals; household cleaning products; refrigerants; and radioactive substances are categorized as hazardous materials. After use, or processing, hazardous materials that remain are considered hazardous waste. Nearly all industry and businesses in Chula Vista generate some amount of hazardous waste. Hazardous waste is of concern in light of potential adverse public health and safety and environmental impacts that can result from the improper handling and disposal of such materials. Therefore, the appropriate siting of hazardous waste storage, collection, treatment, disposal and transfer facilities Objective - E 18 Page 557 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-65 City of Chula Vista General Plan is important. Also important is the siting of such facilities in relatively close proximity to generation sources in order to facilitate proper and efficient disposal of hazardous waste and to reduce the transport of hazardous waste within the City. State law requires the mapping of “general areas” within which hazardous waste facilities might be established. Proposed hazardous waste facilities will be considered only if they are within the industrial zoned general areas shown on Figure 9-10 and meet specific siting, design, and operating criteria as, defined in Policy E 19.1 below, as established by the Chula Vista Zoning Code, and pursuant to siting criteria guidelines established by the City. Maintain the ability to establish hazardous waste storage, collection, treatment, disposal, and transfer facilities to serve the needs of Chula Vista industry and businesses within appropriate locations of the City, while ensuring adequate protection of the community. Policies E 19.1 Proposals for hazardous waste storage, collection, treatment, disposal, and transfer facilities shall be accepted for review, only if located on industrial-zoned land within a designated general area, as shown on Figure 9-10. The proposal shall be reviewed, based upon the following criteria: • The application shall include risk assessments, environmental reviews, and other reports necessary to determine project impacts on the environment. • A health risk assessment, as described in the Chula Vista Zoning Code, shall be prepared under the direction of the City, the Local Assessment Committee (LAC) and any Ad Hoc Technical Committees that may be created to advise the City and the LAC on such matters. • All facilities shall be a minimum of 1,000 feet from any residential zone; residence; school; hospital; hotel; motel; or other similar land use. • Setback or buffer areas shall be precluded from future residential uses through property restrictions, such as easements or covenants, and, where appropriate, through zoning. Objective - E 19 Page 558 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda General Areas Map LEGEND General Plan Boundary City Boundary General Area NORTH N.T.S. Figure 9-10 Page E-66 Page 559 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-67 City of Chula Vista General Plan • Special design features and/or on-site emergency services may be required where deemed necessary to facilitate the adequate handling of hazardous materials accidents. • A traffic/transportation study shall be prepared as part of the environmental analysis and health risk assessment. The study shall address the proximity of the proposed facility to areas of waste generation; the distance along minor and major routes from areas of waste generation to the proposed facility, and from the proposed facility to the freeway; the number and types of residences, schools, hospitals and shopping centers fronting the affected minor and major routes; and the highway accident rate, as determined by the California Department of Transportation, along highways identified as part of the transportation route. E 19.2 Establish hazardous waste facility siting criteria guidelines that will ensure adequate protection of the community, to be utilized in the evaluation of hazardous waste Facilities proposed within the general areas established by the City. 3.4.4 Siting and Managing Facilities That Use, Store, and Handle Hazardous Materials and Waste The use, storage, and handling of hazardous materials and waste within Chula Vista are rigorously controlled by federal, state, and local regulations. The City uses a variety of tools to regulate facilities that use, store, and handle hazardous materials and waste in order to ensure compatibility with existing and planned surrounding land uses. The primary tools utilized by the City are zoning regulations, environmental review of proposed developments in accordance with the California Environmental Quality Act, and the issuance of business licenses. As development and redevelopment in Chula Vista continues, the potential exists for facilities that use, store, and handle hazardous materials and waste to be sited in locations where such activities may be incompatible with existing and planned surrounding land uses. Through the use of appropriate tools, the City will ensure that facilities using, storing, and handling hazardous materials and waste will be appropriately sited and that the operation of such facilities will be regulated such that significant adverse effects to surrounding land uses will be avoided. Page 560 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-68 City of Chula Vista General Plan Ensure that facilities using, storing, and handling hazardous materials and waste do not result in significant adverse effects to existing and planned surrounding land uses. Policies E 20.1 E 20.2 E 20.3 On a periodic basis, review and modify, where necessary, the City's zoning regulations to ensure that adequate provisions are in place to avoid adverse effects to surrounding land uses from facilities using, storing, and handling hazardous materials and waste. Through the environmental review of proposed developments, in accordance with the California Environmental Quality Act, the City shall ensure that significant and potentially significant adverse effects from facilities using, storing, and handling hazardous materials and waste to existing and planned surrounding land uses will be avoided. Prior to the issuance or renewal of business licenses for businesses involving hazardous materials and/or generating hazardous waste, the City shall continue to require licensees to prepare and submit an acceptable Business Plan and Risk Management Prevention Program to the County Department of Environmental Health, as applicable, and to obtain all other necessary licenses and permits. Objective - E 20 Page 561 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-69 City of Chula Vista General Plan 3.5 Noise 3.5.1 Protecting People from Excessive Noise Noise Conditions in Chula Vista Urbanization in Chula Vista has resulted in a steady increase in noise levels throughout the area. Many sources contribute to the noise levels experienced within Chula Vista, including: vehicular traffic; active commercial and business centers; air conditioning systems; and the operation of landscape equipment. In Chula Vista, the most prevalent noise source is vehicular traffic. Traffic noise is greatest around freeways. Other noise sources include the San Diego Trolley, operated during daytime and evening hours, and freight service intermittently operated on the same rail lines at night when the trolley is not in service. Coors Amphitheater and industrial operations, such as the Otay Landfill, the South Bay Power Plant and the Chula Vista Generating Station, also generate noise. Finally, activities associated with various commercial activities and operations generate noise throughout the City. Noise levels can be estimated and represented as noise contour lines, which indicate the area subject to a particular noise level. Figures 9-11 and 9-12 show the estimated existing and projected future noise contours in Chula Vista, based on recent traffic volume counts and projected 2030 traffic volumes. In general, noise levels are projected to increase, due to the construction of new roads and increasing traffic volumes throughout the City and the region. Figure 9-13 shows Brown Field year 2000 aircraft-produced noise contours, as contained in the adopted 1981 Brown Field Comprehensive Land Use Plan (CLUP). Although the Brown Field Airport Influence Area extends into the General Plan area and into the City, the existing and planned land uses within this area are compatible with the land use noise compatibility guidelines contained in Table 9-1 and with the adopted Brown Field CLUP. To establish the compatibility of various land uses with exterior noise levels, the City uses Community Noise Equivalent Level, or CNEL, in its planning guidelines. Page 562 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-70 City of Chula Vista General Plan Table 9-1 Exterior Land Use-Noise Compatibility Guidelines Noise Planning and Standards Land uses that generate significant noise should be separated from uses that are particularly sensitive to noise. Noise sensitive land uses consist primarily of residences, but also include schools; hospitals; libraries; parks; and places of worship. To establish the compatibility of various land uses with exterior noise levels, the City uses Community Noise Equivalent Level, or CNEL, in its planning guidelines. CNEL takes into account the heightened sensitivity of persons to noise during evening and nighttime periods. TABLE 9-2 EXTERIOR LAND USE/NOISE COMPATIBILITY GUIDELINES Annual CNEL in Decibels Land Use 50 55 60 65 70 75 Residential Schools, Libraries, Daycare Facilities, Convalescent Homes, Outdoor Use Areas, and Other Similar Uses Considered Noise Sensitive Neighborhood Parks, Playgrounds Community Parks, Athletic Fields Offices and Professional Places of Worship (excluding outdoor use areas) Golf Courses Retail and Wholesale Commercial, Restaurants, Movie Theaters Industrial, Manufacturing Table 9-2 illustrates Chula Vista's exterior land use-noise compatibility guidelines. These guidelines reflect the levels of noise exposure that are generally considered to be compatible with various types of land uses. These guidelines are to be used at the land use planning stage, for noise impact assessments, and to determine mitigation requirements for development proposals. The noise control ordinance of the Chula Vista Municipal Code establishes noise level limits for individual generators. Noise level limits vary, based upon the type of receiving land use(s) and time of day. In addition to regulating noise generators, the noise control ordinance limits are used in noise impact assessments to determine mitigation requirements for proposed generators of noise to ensure that they will not adversely impact surrounding land uses. Conversely, the Page 563 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Existing Noise Contour Map Figure 9-11 Page E-71 Page 564 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 565 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Projected 2030 Noise Contour Map Figure 9-12 Page 566 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda BLANK Page 567 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Brown Field Year 2000 Noise Contour Map Projected Aircraft-Produced Community Noise Equivalent Level (CNEL) Contours Map Source: San Diego Association of Governments, Comprehensive Land Use Plan, Brown Field, San Diego,CA 1981 Figure 9-13 Page E-75 Page 568 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-76 City of Chula Vista General Plan guidelines listed in Table 9-2 reflect the total noise exposure, including vehicular traffic noise levels that are not regulated by the noise control ordinance, that is compatible with a particular land use. Because the noise control ordinance serves a purpose that is distinct from the guidelines within in Table 9-2, the noise control ordinance and the guidelines in Table 9-2 neither conflict with nor contradict one another. Various types of land uses can be adversely affected by excessive noise. The level of noise exposure that is generally considered compatible varies by land use type, as illustrated in Table 9- 2. However, the character (e.g., urban versus suburban) of the area where a particular land use is proposed to be located and/or the nature of the noise that a particular land use would be exposed to can affect this relationship. Therefore, the guidelines listed in Table 9-2 are intended to be considered and applied in light of project-specific considerations. Protect people from excessive noise through careful land use planning and the incorporation of appropriate mitigation techniques. Policies E 21.1 E 21.2 E 21.3 E 21.4 Apply the exterior land use-noise compatibility guidelines listed in Table 9-2 of this Environmental Element to new development, where applicable, and in light of project-specific considerations. Where applicable, the assessment and mitigation of interior noise levels shall adhere to the applicable requirements of the California Building Code with local amendments and other applicable established City standards. Promote the use of available technologies in building construction to improve noise attenuation capacities. Continue to implement and enforce the City's noise control ordinance. Objective - E 21 Page 569 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-77 City of Chula Vista General Plan 3.5.2 Minimizing Transportation Noise Vehicular traffic noise associated with a given roadway is a factor of traffic volume, the types of vehicles utilizing the roadway, and the speeds at which they travel. As traffic volumes increase or decrease, noise increases or decreases. Heavy vehicles and trucks produce significantly more noise than automobiles. Noise produced on a roadway is directly proportional to traffic speed. Therefore, lower traffic speeds and traffic calming devices (e.g., narrow roadways, on-street parking in commercial and mixed use districts) result in a commensurate decrease in noise levels. The electric-powered San Diego Trolley presently extends through Chula Vista parallel to Interstate 5. With the exception of warning horns and audible crossing gates, electric-powered trolleys are relatively quiet. While the intermittent nature of trolley operations does not significantly increase daily average noise exposure, limiting at-grade crossings of roads would decrease noise levels by reducing the number of required audible crossing gates and warning signals. Minimizing traffic noise can result from reductions in traffic volume, decreases in the number of trucks and heavy vehicles on a roadway, and decreasing traffic speeds. Other methods of reducing and mitigating traffic noise levels are associated with changes in roadway material and the construction of barriers between roadways and adjacent land uses. Dense or open graded asphalt road surfaces produce less source noise than does Portland concrete cement. The greatest noise reduction attributable to roadway surface has been achieved through the use of rubberized asphalt. Barriers reduce noise exposure by interrupting the line of sight from the noise source to the receiver. The effectiveness of a barrier is dependent upon the height of the barrier, the quality of construction, and the barrier material mass and acoustical properties. Protect the community from the effects of transportation noise. Objective - E 22 Page 570 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Vision 2020 ENVIRONMENTAL CHAPTER 9 Page E-78 City of Chula Vista General Plan Policies E 22.1 E 22.2 E 22.3 Work to stabilize traffic volumes in residential neighborhoods by limiting throughways and by facilitating the use of alternative routes around, rather than through, Neighborhoods. Explore the feasibility of using new technologies to minimize traffic noise, such as use of rubberized asphalt in road surface materials. Employ traffic calming measures, where appropriate, such as narrow roadways and on-street parking, in commercial and mixed use districts. E 22.4 Encourage walking; biking; carpooling; use of public transit; and other alternative modes of transportation to minimize vehicular use and associated traffic noise. E 22.5 Require projects to construct appropriate mitigation measures in order to attenuate existing and projected traffic noise levels, in accordance with applicable standards, including the exterior land use/noise compatibility guidelines listed in Table 9-2 of this Environmental Element. 3.6 Environmental Justice Environmental justice is introduced, defined and discussed in Section 1.6 of this Environmental Element. Please refer to that section, and other related sections of this document for additional background The following objective and policies augment other parts of this General Plan that help to further, at the local level some of the comcepts and principles that have emerged regarding this topic at at the national, state, and regional levels. Page 571 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda ENVIRONMENTAL CHAPTER 9 Page E-79 City of Chula Vista General Plan Provide fair treatment for people of all races, cultures, and income levels with respect to development, adoption, implementation, and enforcement of environmental laws, regulations and policies. Policies E 23.1 Provide public outreach efforts and publi c involvement opportunities for residents affected by proposed City projects. E 23.2 Plan for the equitable distribution of public facilities and services. E 23.3 Do not site industrial facilities and uses that pose a significant hazard to human health and safety in proximity to schools or residential dwellings. E 23.4 Build new schools and residential dwellings with sufficient separation and buffering from industrial facilities and uses that pose a significant hazard to human health and safety. E 23.5 Promote more livable communities by expanding opportunities for transit -oriented development. Objective - E 23 Page 572 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 4 RESOLUTION NO. 2024-06 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CHULA VISTA CITY COUNCIL ADOPT A RESOLUTION TO ESTABLISH A SAFETY ELEMENT WITHIN THE GENERAL PLAN IN COMPLIANCE WITH STATE LAW WHEREAS, Senate Bill 1035 (“SB 1035”) requires that a local jurisdiction update its Safety Element upon each revision of its Housing Element or Local Hazard Mitigation Plan. The City of Chula Vista updated its Housing Element in October 2022 and is now establishing a Safety Element in compliance with SB 1035; and WHEREAS, the City’s existing General Plan was approved in 2005 and included six elements: Land Use and Transportation, Economic Development, Housing, Public Facilities and Services, Environmental, and Growth Management; and WHEREAS, goals and policies related to issues of safety were included within the Public Facilities and Services and Environmental Elements, which covered the following: Flooding and Erosion; Seismic and Geologic Instability; Wildfire; Climate Resiliency; Crime; Health Emergencies; and Hazardous Materials; and WHEREAS, the Safety Element would consolidate and update those goals and policies into a standalone Safety Element within the General Plan; and WHEREAS, the Director of Development Services has reviewed the proposed Safety Element for compliance with the California Environmental Quality Act (“CEQA”) and determined that the Safety Element does not require a subsequent EIR or a Negative Declaration for the update to the City’s Safety Element in that substantial changes are not proposed, the circumstances to which the General Plan was adopted have not changed, and no new information of substantial importance has arisen since the prior environmental documents have been certified. Furthermore, it has been determined that the proposed consolidation of safety goals and policies is exempt from the CEQA Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302(g)1 through 9 and are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment; and WHEREAS, City staff recommends that the Planning Commission recommend approval the proposed establishment of a Safety Element within the General Plan to the City Council; and WHEREAS, a hearing time and place was set by the Planning Commission to consider the General Plan Amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, at least ten (10) days prior to the hearing; and Page 573 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Planning Commission Resolution 2024-06 March 27, 2024 Page 2 WHEREAS, after review and consideration of the Staff Report and related materials for this matter, the Planning Commission held a duly noticed public hearing to consider said General Plan amendments on March 27, 2024 at 6pm in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission hereby recommends that the City Council of the City of Chula Vista adopt the proposed General Plan amendments to the Chula Vista General Plan to establish a Safety Element. BE IT FURTHER RESOLVED THAT that the Planning Commission hereby recommends that the City Council of the City of Chula Vista find that the proposed Project is in compliance with CEQA and has determined that the Safety Element does not require a subsequent EIR or a Negative Declaration for the update to the City’s Safety Element in that substantial changes are not proposed, the circumstances to which the General Plan was adopted have not changed, and no new information of substantial importance has arisen since the prior environmental documents have been certified. Furthermore, it has been determined that the proposed consolidation of safety goals and policies is exempt from the CEQA Guidelines pursuant to Sections 15060(c)(2) and 15061(b)(3) in that the proposed amendments which are primarily limited to policy modifications and updates in compliance with Government Code Section 65302(g)1 through 9 and are not anticipated to result in a direct or reasonably foreseeable indirect physical change in the environment, nor will the proposed changes have the potential for causing significant effect on the environment. BE IT FURTHER RESOLVED THAT a copy of this Resolution be transmitted to the City Council. Presented by Approved as to form By: Laura C. Black, AICP for Jill D.S. Maland Director of Development Services Lounsbery Ferguson Altona & Peak Acting City Attorney Page 574 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Planning Commission Resolution 2024-06 March 27, 2024 Page 3 PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 27th day of March, 2024, by the following vote, to-wit: AYES: NOES: ABSENT: ABSTAIN: ___________________________ Michael De La Rosa, Chair ATTEST: ___________________________ Mariluz Zepeda, Secretary Page 575 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista Community Engagement The Chula Vista Safety Element Update included community outreach through a community-wide survey and two identical workshops- one in the east and one in the west of the City. Several key stakeholders were involved in the project, including the Coastal Commission, San Diego County, Cal Fire, and the local Police and Fire Departments. These stakeholders play a significant role in ensuring that the safety element aligns with regulation and current planning efforts and meets the requirements of emergency response agencies. Below is the summary of community engagement. Survey Results Michael Baker International prepared and posted an online survey to get input from community members to identify hazards and other locally relevant safety issues, such as emergency response, pandemics, hazardous materials spills, and crime reduction. The survey launched in English and Spanish and was open for 4 weeks, August 10 to September 7, 2023. City Affiliation A total of 95 completed surveys were received. Of these respondents, 55.3 percent live in the City of Chula Vista, 64.9 percent work in the City, and 8.5 percent visit the City, but live and work elsewhere, as indicated in Figure 1. About 25.5 percent of respondents both live and work in the City. Figure 1: City Affiliation Live in Chula Vista Work in Chula Vista Visit Chula Vista, but live and work elsewhere 0.00% 20.00% 40.00% 60.00% 80.00% Do you: (Select all that apply) Page 576 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Disasters or Hazards Experienced The participants were asked which types of disasters or hazards their household has experienced while residing in, working in, or visiting Chula Vista, As shown in Figure 2, severe weather and extreme heat were the most prevalent hazards experienced in the City. Pandemics or epidemics were also experienced at a high rate, which is likely due to the pandemic COVID-19 which was a global pandemic experienced just a few years before the survey and was not a hazard specific only to the region. Many respondents have experienced more than one of these hazards. Figure 2: Disasters or Hazards Experienced Page 577 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Concern for Hazards As shown in Figure 3, there is very little concern by survey respondents for tornadoes or dam failure. Concern for wildfires, climate change, and drought were the most prevalenet, which is consistent with the hazards that have primarily affected residents of Chula Vista in recent years. Figure 3: Concern for Hazards Concern for Evacuation Also in regards to community concenr for hazard or disaster, Figure 4 illustrates that concern for evacuation due to disaster is present, but not extreme. In the instance of an evacuation, 98 percent of respondents have transportation in order to evacuate. Page 578 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Figure 4: Concern for Evacuation Hazard Notification Almost 80 percent of survey respondents indicated that in the instance of emergency in the City of Chula Vista, they would expect to be notified via AlertSanDiego, which is a telephone notification system. Many respondents also indicated that they receive notifications via television, radio, or the SD Emergency App, which includes text notifications. Social media websites like NextDoor and Twitter are not commonly used for this purpose. Figure 5: Hazard Notification Not concerned Somewhat concerned Concerned Very concerned Extremely concerned 0.00% 10.00% 20.00% 30.00% How concerned are you about evacuating in the event of a disaster? Page 579 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Household Emergency Supply Preparedness As noted in Figure 6, 77.4 percent of respondents have done some emergency preparation, with 63.4 percent of survey respondents being somewhat prepared to get along without electricity, gas, or water for one to five days, and 14 percent being very prepared. 23 percent of respondents are not at all prepared with emergency supplies. Figure 6: Household Emergency Supply Preparedness Steps to Prepare for a Local Hazard Event The most common steps the community has taken to prepare their household for potential local hazard events are installing smoke detectors and storing first aid kits. Very few respondents have taken more intensive measures such as completing medical alert registration, anchoring furniture, or completing Community Emergency Response Team (CERT) training. Figure 7: Steps to Prepare for a Local Hazard Event Not at all prepared Somewhat prepared Very prepared 0.00% 20.00% 40.00% 60.00% 80.00% How prepared is your household to get along without electricity, drinking water, or natural gas supply for one to five days? Page 580 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda In addition to taking measures to prepare the household for local hazards, about 62 percent of respondents have some sort of hazard-specific insurance. Insurance types range from earthquake insurance, flood insurance, fire insurance, and more. Figure 8: Hazard Insurance Suggestion on Community Program Respondents also suggested awareness and preparedness programs that they think the City should provide to promote resident actions to reduce exposure to the risks associated with hazards. Some suggested that the educational aspects for hazard preparedness could be included in a booth by the City at public events. Many respondents expressed specific concerns with wildfire and fire safety and evacuation during hazard events. Respondents believe there may not be enough firefighters to combat a wildfire if a major issue should exist. Additionally, a concern was raised about the need to clear out the canyons in order to prevent wildfires. In addition to fire preparedness, respondents expressed that it could be beneficial for both the fire and police departments to be prepared for active shooter situations. Respondents suggested that there is a need for training for involvement in active shooter situations, as well as medical training to prepare for an active shooter situation. No Not sure Earthquake insurance Flood insurance Fire insurance (in addition to standard home insurance) Other insurance (please specify) 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% Do you have hazard-specific insurance? Select all that apply. Page 581 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Community Workshops Two identical in-person community outreach meetings were facilitated by the City to solicit in-person input and educate the public about the Safety Element update process. These are listed below. • Meeting 1: September 27, 2023, Montevalle Recreation Center • Meeting 2: September 28, 2023, City Council Chambers The City created and distributed flyers in English and Spanish (see Figure 9). These were distributed via social media and posted on the City website. Figure 9: Flyers in English and Spanish The workshop provided information on Safety elements, the reason for the update, and hazard maps including faults, shake potential, liquefaction, landslides, wildfire, flood map, Dam inundation, Sea Level rise, and Tsunami. An interactive exercise was also organized using sticker dots for the participants to select the hazards that concerned them the most. Participants were also asked to provide suggestions on preparedness programs that they thought would be beneficial to Chula Vista residents. A presentation was done at the beginning of the workshop to provide information regarding Safety elements. Four participants attended meeting 1 and Meeting 2 was attended by nine participants. Page 582 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Figure 10: Pictures from Public Workshop Page 583 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Public Review Draft The draft Safety Element was available for public to review on the City website from March 4 to March 15 and to solicit comments on the document. Figure 11: Safety Element on Website Banner Page 584 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda General Plan Safety Element Assessment Board of Forestry and Fire Protection Chula Vista RPC 2 (b) (i)Page 585 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Contents Purpose and Background ...............................................................................................................................................1 Methodology for Review and Recommendations .........................................................................................................2 General Plan Safety Element Assessment .....................................................................................................................3 Background Information Summary ........................................................................................................................3 Goals, Policies, Objectives, and Feasible Implementation Measures ....................................................................5 Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land ................................5 Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs. ..................6 Section 3 Working cooperatively with public agencies responsible for fire protection. ...................................7 Sample Safety Element Recommendations ...................................................................................................................8 A. Maps, Plans and Historical Information .............................................................................................................8 B. Land Use .............................................................................................................................................................8 C. Fuel Modification................................................................................................................................................8 D. Access .................................................................................................................................................................9 E. Fire Protection ....................................................................................................................................................9 Fire Hazard Planning in Other Elements of the General Plan ..................................................................................... 10 Land Use Element ................................................................................................................................................ 10 Housing Element ................................................................................................................................................. 10 Open Space and Conservation Elements............................................................................................................. 10 Circulation Element ............................................................................................................................................. 10 RPC 2 (b) (i)Page 586 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 1 * https://www.opr.ca.gov/docs/Final_6.26.15.pdf Purpose and Background Upon the next revision of the housing element on or after January 1, 2014, the safety element is required to be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas and land classified as very high fire hazard severity zones. (Gov. Code, § 65302, subd. (g)(3).) The safety element is required to include: • Fire hazard severity zone maps available from the Department of Forestry and Fire Protection. • Any historical data on wildfires available from local agencies or a reference to where the data can be found. • Information about wildfire hazard areas that may be available from the United States Geological Survey. • The general location and distribution of existing and planned uses of land in very high fire hazard severity zones (VHFHSZs) and in state responsibility areas (SRAs), including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open space designations of homeowner associations. • The local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services. (Gov. Code, § 65302, subd. (g)(3)(A).) Based on that information, the safety element shall include goals, policies, and objectives that protect the community from the unreasonable risk of wildfire. (Gov. Code, § 65302, subd. (g)(3)(B).) To carry out those goals, policies, and objectives, feasible implementation measures shall be included in the safety element, which include but are not limited to: • Avoiding or minimizing the wildfire hazards associated with new uses of land. • Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in the SRA or VHFHSZ. • Designing adequate infrastructure if a new development is located in the SRA or VHFHSZ, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression. • Working cooperatively with public agencies with responsibility for fire protection. (Gov. Code, § 65302, subd. (g)(3)(C).) The safety element shall also attach or reference any fire safety plans or other documents adopted by the city or county that fulfill the goals and objectives or contains the information required above . (Gov. Code, § 65302, subd. (g)(3)(D).) This might include Local Hazard Mitigation Plans, Unit Fire Plans, Community Wildfire Protection Plans, or other plans. There are several reference documents developed by state agencies to assist local jurisdictions in updating their safety elements to include wildfire safety. The Fire Hazard Planning, General Plan Technical Advice Series from the Governor’s Office of Planning and Research (OPR), referenced in Government Code section 65302, subdivision (g)(3) and available at 1400 Tenth Street Sacramento, CA 95814 Phone: (916) 322-2318 The Technical Advice Series is also available from the OPR website (Technical Advice Series link).* The Technical Advice Series provides policy guidance, information resources, and fire hazard planning examples from around California that shall be considered by local jurisdictions when reviewing the safety element of its general plan. The Board of Forestry and Fire Protection (Board) utilizes this Safety Element Assessment in the Board’s review of safety elements under Government Code section 65302.5. At least 90 days prior to the adoption or amendment of their safety element, counties that contain SRAs and cities or counties that contain VHFHSZs shall submit their safety element to the Board. (Gov. Code, § 65302.5, subd. (b).) The Board shall review the safety element and respond to the city or county with its findings regarding the uses of land and policies in SRAs or VHFHSZs that will protect life, property, and natural resources from RPC 2 (b) (i)Page 587 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2 unreasonable risks associated with wildfires, and the methods and strategies for wildfire risk reduction and prevention within SRAs or VHFHSZs. (Gov. Code, § 65302.5, subd. (b)(3).) The CAL FIRE Land Use Planning team provides expert fire protection assistance to local jurisdictions statewide. Fire captains are available to work with cities and counties to revise their safety elements and enhance their strategic fire protection planning. Methodology for Review and Recommendations Utilizing staff from the CAL FIRE Land Use Planning team, the Board has established a standardized method to review the safety element of general plans. The methodology includes 1) reviewing the safety element for the requirements in Government Code section 65302, subdivision (g)(3)(A), 2) examining the safety element for goals, policies, objectives, and implementation measures that mitigate the wildfire risk in the planning area (Gov. Code, § 65302, subd. (g)(3)(B) & (C)), and 3) making recommendations for methods and strategies that would reduce the risk of wildfires (Gov. Code, § 65302.5, subd. (b)(3)(B)). The safety element will be evaluated against the attached Assessment, which contains questions to determine if a safety element meets the fire safety planning requirements outlined in Government Code, section 65302. The reviewer will answer whether or not a submitted safety element addresses the required information, and will recommend changes to the safety element that will reduce the wildfire risk in the planning area. These recommended changes may come from the list of sample goals, policies, objectives, and implementation measures that is included in this document after the Assessment, or may be based on the reviewer’s knowledge of the jurisdiction in question and their specific wildfire risk. By answering the questions in the Assessment, the reviewer will determine if the jurisdiction’s safety element has adequately addressed and mitigated their wildfire risk. If it hasn’t, any specific recommendations from the reviewer will assist the jurisdiction in revising the safety element so that it does. Once completed, the Assessment should provide clear guidance to a city or county regarding any areas of deficiency in the safety element as well as specific goals, policies, objectives, and implementation measures the Board recommends adopting in order to mitigate or reduce the wildfire threat in the planning area. RPC 2 (b) (i)Page 588 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 3 General Plan Safety Element Assessment Jurisdiction: Chula Vista Notes: Formal Review CAL FIRE Unit: San Diego Date Received: 02/22/2024 County: San Diego LUPP Reviewer: B. Olsen UNIT CONTACT: Ryan Silva Date Reviewed: 02/22/2024 BACKGROUND INFORMATION SUMMARY The safety element must contain specific background information about fire hazards in each jurisdiction. Instructions for this table: Indicate whether the safety element includes the specified information. If YES, indicate in the comments where that information can be found; if NO, provide recommendations to the jurisdiction regarding how best to include that information in their revised saf ety element. Required Information Yes or No Comments and Recommendations Are Fire Hazard Severity Zones Identified? CAL FIRE or Locally Adopted Maps Yes SE – p.26, Figure 9: Fire Hazard Severity Zones Is historical data on wildfires or a reference to where the data can be found, and information about wildfire hazard areas that may be available from the United States Geological Survey, included? Yes SE – p. 24 Has the general location and distribution of existing and planned uses of land in very high fire hazard severity zones (VHFHSZs) and in state responsibility areas (SRAs), including structures, roads, utilities, and essential public facilities, been identified? Yes SE – p. 37-40 SE – p. 41, Figure 14: Critical Facilities Map A SE – p. 42, Figure 15: Critical Facilities Map B Have local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services, been identified? Yes SE – p. 25 Are other fire protection plans, such as Community Wildfire Protection Plans, Local Hazard Mitigation Plans, CAL FIRE Unit or Contract County Fire Plans, referenced or incorporated into the Safety Element? Yes SE – p. 4-6 Are residential developments in hazard areas that do not have at least two emergency evacuation routes identified? Yes SE – p. 61 SE – p. 62, Figure 20: Evacuation Routes Vulnerable Neighborhoods Have evacuation routes and their capacity, safety, and viability under a range of emergency scenarios been identified? Yes SE – p. 58-59 SE – p. 60, Figure 19: Evacuation Routes Map RPC 2 (b) (i)Page 589 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 4 Is there any other information in the Safety Element regarding fire hazards in SRAs or VHFHSZs? RPC 2 (b) (i)Page 590 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 5 GOALS, P OLICIES , OBJECTIVES, AND FEASIBLE IMPLEMENTATION MEASURES The safety element must contain a set of goals, policies, and objectives based on the above information to protect the commun ity from unreasonable risk of wildfire and implementation measures to accomplish those stated goals, policies, and objectives. Instructions for this table: Critically examine the submitted safety element and determine if it is adequate to address the j urisdiction’s unique fire hazard. Answer YES or NO appropriately for each question below. If the recommendation is irrelevant or un related to the jurisdiction’s fire hazard, answer N/A. For NO, provide information in the Comments/Recommendations section to help the jurisdiction incorporate that change into their safety elemen t revision. This information may utilize example recommendations from Sample Safety Element Recommendations and Fire Hazard Planning in Other Elements of the General Plan below, may indicate how high of a priority this recommendation is for a jurisdiction, or may include other jurisdiction -specific information or recommendations. Section 1 Avoiding or minimizing the wildfire hazards associated with new uses of land Questions Yes or No Comments and Recommendations Does local ordinance require development standards that meet or exceed title 14, CCR, division 1.5, chapter 7, subchapter 2, articles 1-5 (commencing with section 1270) (SRA Fire Safe Regulations) and title 14, CCR, division 1.5, chapter 7, subchapter 3, article 3 (commencing with section 1299.01) (Fire Hazard Reduction Around Buildings and Structures Regulations) for SRAs and/or VHFHSZs? Yes SE – p. 65, Action SE 1.5.1 SE – p. 65, Action SE 1.5.3 Are there goals and policies to avoid or minimize new residential development in VHFHSZs? Yes SE – p. 65, Action SE 1.5.4 Has fire safe design been incorporated into future development requirements? Yes SE – p. 65, Action SE 1.5.1 SE – p. 65, Action SE 1.5.2 SE – p. 65, Action SE 1.5.3 Are new essential public facilities located outside high fire risk areas, such as VHFHSZs, when feasible? Yes SE – p. 65, Action SE 1.5.4 Are there plans or actions identified to mitigate existing non-conforming development to contemporary fire safe standards, in terms of road standards and vegetative hazard? Yes SE – p. 65, Action SE 1.5.5 Does the plan include policies to evaluate re- development after a large fire? Yes SE – p. 72, Action SE 4.2.7 Is fuel modification around homes and subdivisions required for new development in SRAs or VHFHSZs? Yes SE – p. 66, Action SE 1.6.3 RPC 2 (b) (i)Page 591 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 6 Questions Yes or No Comments and Recommendations Are fire protection plans required for new development in VHFHSZs? Yes SE – p. 65, Action SE 1.5.2 SE – p. 66, Action SE 1.6.3 Does the plan address long term maintenance of fire hazard reduction projects, including community fire breaks and private road and public road clearance? Yes SE – p. 66, Action SE 1.6.1 SE – p. 66, Action SE 1.6.6 Is there adequate access (ingress, egress) to new development in VHFHSZs? Yes SE – p. 65, Action SE 1.5.2 Are minimum standards for evacuation of residential areas in VHFHSZs defined? Yes SE – p. 70, Action SE 3.1.3 SE – p. 71, Action SE 3.1.7 If areas exist with inadequate access/evacuation routes, are they identified? Are mitigation measures or improvement plans identified? Yes SE – p. 61 SE – p. 62, Figure 20: Evacuation Routes Vulnerable Neighborhoods SE – p. 65, Action SE 1.4.5 Are there policies or programs promoting public outreach about defensible space or evacuation routes? Are there specific plans to reach at-risk populations? Yes SE – p. 70, Action SE 3.1.3 SE – p. 70, Action SE 3.1.4 SE – p. 71, Action SE 3.1.7 Does the plan identify future water supply for fire suppression needs? Yes SE – p. 66, Action SE 1.6.4 Does new development have adequate fire protection? Yes SE – p. 65, Action SE 1.4.3 Section 2 Develop adequate infrastructure if a new development is located in SRAs or VHFHSZs. Does the plan identify adequate infrastructure for new development related to: Yes or No Comments and Recommendations Water supply and fire flow? Yes SE – p. 66, Action SE 1.6.4 SE – p. 71, Action SE 4.1.3 Location of anticipated water supply? Yes SE – p. 67, Policy SE 1.8 SE – p. 67, Action SE 1.8.1 SE – p. 67, Action SE 1.8.2 RPC 2 (b) (i)Page 592 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 7 Does the plan identify adequate infrastructure for new development related to: Yes or No Comments and Recommendations Maintenance and long-term integrity of water supplies? Yes SE – p. 67, Policy SE 1.8 SE – p. 67, Action SE 1.8.4 SE – p. 67, Action SE 1.8.5 SE – p. 67, Action SE 1.8.6 Evacuation and emergency vehicle access? Yes SE – p. 65, Action SE 1.5.2 Fuel modification and defensible space? Yes SE – p. 65, Action SE 1.5.2 Vegetation clearance maintenance on public and private roads? Yes SE – p. 66, Action SE 1.6.1 Visible home and street addressing and signage? Yes SE – p. 65, Action SE 1.5.2 Community fire breaks? Is there a discussion of how those fire breaks will be maintained? Yes SE – p. 66, Action SE 1.6.6 Section 3 Working cooperatively with public agencies responsible for fire protection. Question Yes or No Comments and Recommendations Is there a map or description of existing emergency service facilities and areas lacking service, specifically noting any areas in SRAs or VHFHSZs? Yes SE – p. 37-40 SE – p. 41, Figure 14: Critical Facilities Map A SE – p. 42, Figure 15: Critical Facilities Map B Does the plan include an assessment and projection of future emergency service needs? Yes SE – p. 65, Action SE 1.4.3 Are goals or standards for emergency services training described? Yes MJHMP – p. 32, 2.2.2 Invitation to Participate (first paragraph) Does the plan outline inter-agency preparedness coordination and mutual aid multi-agency agreements? Yes SE – p. 71, Policy SE 4.2 SE – p. 72, Action SE 4.2.4 SE – p. 72, Action SE 4.2.5 RPC 2 (b) (i)Page 593 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 8 Sample Safety Element Recommendations These are examples of specific policies, objectives, or implementation measures that may be used to meet the intent of Government Code sections 65302, subdivision (g)(3) and 65302.5, subdivision (b). Safety element reviewers may make recommendations that are not included here. A. MAPS, PLANS AND HISTORICAL INFORMATION 1. Include or reference CAL FIRE Fire Hazard Severity Zone maps or locally adopted wildfire hazard zones. 2. Include or reference the location of historical information on wildfires in the planning area. 3. Include a map or description of the location of existing and planned land uses in SRAs and VHFHSZs, particularly habitable structures, roads, utilities, and essential public facilities. 4. Identify or reference a fire plan that is relevant to the geographic scope of the general plan, including the Unit/Contract County Fire Plan, Local Hazard Mitigation Plan, and any applicable Community Wildfire Protection Plans. 5. Align the goals, policies, objectives, and implementation measures for fire hazard mitigation in the safety element with those in existing fire plans, or make plans to update fire plans to match the safety element. 6. Create a fire plan for the planning area. B. LAND USE 1. Develop fire safe development codes to use as standards for fire protection for new development in SRAs or VHFHSZs that meet or exceed the statewide minimums in the SRA Fire Safe Regulations. 2. Adopt and have certified by the Board of Forestry and Fire Protection local ordinances which meet or exceed the minimum statewide standards in the SRA Fire Safe Regulations. 3. Identify existing development that do not meet or exceed the SRA Fire Safe Regulations or certified local ordinances. 4. Develop mitigation measures for existing development that does not meet or exceed the SRA Fire Safe Regulations or certified local ordinances or identify a policy to do so. C. FUEL MODIFICATION 1. Develop a policy to communicate vegetation clearance requirements to seasonal, absent, or vacation rental owners. 2. Identify a policy for the ongoing maintenance of vegetation clearance on public and private roads. 3. Include fuel breaks in the layout/siting of subdivisions. 4. Identify a policy for the ongoing maintenance of existing or proposed fuel breaks. 5. Identify and/or map existing development that does not conform to current state and/or locally adopted fire safety standards for access, water supply and fire flow, signing, and vegetation clearance in SRAs or VHFHSZs. 6. Identify plans and actions for existing non-conforming development to be improved or mitigated to meet current state and/or locally adopted fire safety standards for access, water supply and fire flow, signing, and vegetation clearance. RPC 2 (b) (i)Page 594 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 9 D. ACCESS 1. Develop a policy that approval of parcel maps and tentative maps in SRAs or VHFHSZs is conditional based on meeting the SRA F ire Safe Regulations and the Fire Hazard Reduction Around Buildings and Structures Regulations, particularly those regarding roa d standards for ingress, egress, and fire equipment access. (See Gov. Code, § 66474.02.) 2. Develop a policy that development will be prioritized in areas with an adequate road network and associated infrastructure. 3. Identify multi-family housing, group homes, or other community housing in SRAs or VHFHSZs and develop a policy to create evacuation or shelter in place plans. 4. Include a policy to develop pre-plans for fire risk areas that address civilian evacuation and to effectively communicate those plans. 5. Identify road networks in SRAs or VHFHSZs that do not meet title 14, CCR, division 1.5, chapter 7, subchapter 2, articles 2 a nd 3 (commencing with section 1273.00) or certified local ordinance and develop a policy to examine possible mitigations. E. FIRE PROTECTION 1. Develop a policy that development will be prioritized in areas with adequate water supply infrastructure. 2. Plan for the ongoing maintenance and long-term integrity of planned and existing water supply infrastructure. 3. Map existing emergency service facilities and note any areas lacking service, especially in SRAs or VHFHSZs. 4. Project future emergency service needs for the planned land uses. 5. Include information about emergency service trainings or standards and plans to meet or maintain them. 6. Include information about inter-agency preparedness coordination or mutual aid agreements. RPC 2 (b) (i)Page 595 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 10 Fire Hazard Planning in Other Elements of the General Plan When updating the General Plan, here are some ways to incorporate fire hazard planning into other elements. Wildfire safety is best accomplished by holistic, strategic fire planning that takes advantage of opportunities to align priorities and implementation measures within and acro ss plans. LAND USE ELEMENT Goals and policies include mitigation of fire hazard for future development or limit development in very high fire hazard sev erity zones. Disclose wildland urban-interface hazards, including fire hazard severity zones, and/or other vulnerable areas as determined by CAL FIRE or local fir e agency. Design and locate new development to provide adequate infrastructure for the safe ingress of emergency response vehicles and simultaneously allow citizen egress during emergencies. Describe or map any Firewise Communities or other fire safe communities as determined by the National Fire Protection Associa tion, Fire Safe Council, or other organization. HOUSING ELEMENT Incorporation of current fire safe building codes. Identify and mitigate substandard fire safe housing and neighborhoods relative to fire hazard severity zones. Consider diverse occupancies and their effects on wildfire protection (group housing, seasonal populations, transit -dependent, etc). OPEN SPACE AND CONSERVATION ELEMENTS Identify critical natural resource values relative to fire hazard severity zones. Include resource management activities to enhance protection of open space and natural resource values. Integrate open space into fire safety planning and effectiveness. Mitigation for unique pest, disease and other forest health issues leading to hazardous situations. CIRCULATION ELEMENT Provide adequate access to very high fire hazard severity zones. Develop standards for evacuation of residential areas in very high fire hazard severity zones. Incorporate a policy that provides for a fuel reduction maintenance program along roadways. RPC 2 (b) (i)Page 596 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT 2024 Page 597 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 1 Table of Contents 1.0 INTRODUCTION ................................................................................................................................. 4 1.1. Relationship to Other Documents ................................................................................................ 4 1.1.1. City’s General Plan Elements ................................................................................................ 4 1.1.2. County’s Operational Area Emergency Operations Plan ...................................................... 5 1.1.3. City’s Vista Emergency Operations Plan ............................................................................... 5 1.1.4. County’s Multi-Jurisdictional Hazard Mitigation Plan ........................................................... 5 1.1.5. Climate Action Plan ............................................................................................................... 6 1.1.6. Sustainable Communities Strategy ....................................................................................... 6 2.0 NATURAL & MAN-MADE HAZARDS ANALYSIS .................................................................................. 8 2.1. Existing Conditions ........................................................................................................................ 8 2.1.1. Planning Area ........................................................................................................................ 8 2.2. Geologic Hazards ........................................................................................................................... 8 2.2.1. Seismic Hazards ................................................................................................................... 11 2.2.2. Landslides ............................................................................................................................ 18 2.2.3. Subsidence .......................................................................................................................... 19 2.2.4. Expansive Soils .................................................................................................................... 19 2.2.5. Tsunamis and Seiches ......................................................................................................... 21 2.3. Fire Hazards................................................................................................................................. 24 2.3.1. Wildland Fires ..................................................................................................................... 24 2.3.2. Fire Hazard Severity Zones .................................................................................................. 24 2.4. Flooding ....................................................................................................................................... 27 2.4.1. Major Sources of Flooding .................................................................................................. 27 2.4.2. Dam Inundation .................................................................................................................. 30 2.4.3. Drainage System ................................................................................................................. 32 2.5. Climate Change and Resilience ................................................................................................... 34 2.5.1. Climate Change ................................................................................................................... 34 2.5.2. Extreme Heat ...................................................................................................................... 34 2.5.3. Sea Level Rise ...................................................................................................................... 35 2.5.4. Resilience ............................................................................................................................ 37 2.5.5. Vulnerability Assessment Summary .................................................................................... 37 2.5.6. Critical Facilities .................................................................................................................. 37 2.6. Drought ....................................................................................................................................... 43 2.6.1. Drought Severity ................................................................................................................. 44 2.6.2. California Drought History .................................................................................................. 46 2.6.3. Water Supply ....................................................................................................................... 47 2.7. Hazardous Materials ................................................................................................................... 49 2.7.1. Hazardous Materials Incidents............................................................................................ 50 2.7.2. Transportation of Hazardous Materials .............................................................................. 50 2.7.3. Hazardous Materials Sites ................................................................................................... 50 2.7.4. Household Hazardous Waste Program ............................................................................... 55 2.8. Emergency Planning/Response ................................................................................................... 55 2.8.1. Emergency Operations Plan ................................................................................................ 55 Page 598 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 2 2.8.2. Emergency Preparedness Program ..................................................................................... 56 2.8.3. Public Safety Services .......................................................................................................... 57 2.8.4. Evacuation Routes ............................................................................................................... 58 3.0 GOALS, POLICIES, AND ACTIONS ..................................................................................................... 63 List of Tables Table 1: Geology ........................................................................................................................................... 9 Table 2: Local Climate Change Snapshot .................................................................................................... 34 Table 3: California Coastal Commission Sea Level Rise (SLR) Projections .................................................. 35 Table 4: Critical Facilities List ...................................................................................................................... 38 Table 5: Drought Severity Classification ..................................................................................................... 44 Table 6: Historical Droughts ........................................................................................................................ 46 Table 7: Hazardous Materials Sites ............................................................................................................. 51 List of Figures Figure 1: Geology ........................................................................................................................................ 10 Figure 2: Regional Fault Locations .............................................................................................................. 14 Figure 3: Local Fault Locations .................................................................................................................... 15 Figure 4: Shake Potential Map .................................................................................................................... 16 Figure 5: Liquefaction Zones ....................................................................................................................... 17 Figure 6: Landslide Areas ............................................................................................................................ 20 Figure 7: Soils .............................................................................................................................................. 22 Figure 8: Tsunami Map ............................................................................................................................... 23 Figure 9: Fire Hazard Severity Zone ............................................................................................................ 26 Figure 10: FEMA Flood Zones...................................................................................................................... 29 Figure 11: Reservoir Inundation.................................................................................................................. 31 Figure 12: Watersheds ................................................................................................................................ 33 Figure 13: Sea Level Rise ............................................................................................................................. 36 Figure 14: Critical Facilities Map A .............................................................................................................. 41 Figure 15: Critical Facilities Map B .............................................................................................................. 42 Figure 16: California Drought Map ............................................................................................................. 45 Figure 17: California American Water Service Area Map ........................................................................... 48 Figure 18: Hazardous Materials Sites .......................................................................................................... 54 Figure 19: Evacuation Routes Map ............................................................................................................. 60 Figure 20: Evacuation Route Vulnerable Neighborhoods ........................................................................... 62 Page 599 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 3 Page 600 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 4 A community's safety and well-being can be influenced by many natural and man-made hazards. The Safety Element is a mandatory chapter of a jurisdiction's General Plan, as required by California Government Code Section 65302, and addresses the need to protect citizens from risks associated with natural and man-made hazards. Natural hazards constitute natural phenomena and include naturally occurring events like geologic and seismic activity, wildfire, flooding, and drought. Conversely, man-made hazards are hazardous events that are caused by human activity. Man-made hazards may include hazardous materials spills, terrorism, sabotage, crime, and human-caused health crises or fires. These hazards have the potential to cause serious impacts on the City of Chula Vista and its residents. The Safety Element contains goals, policies, and actions to reduce the potential short- and long-term risk of death, injuries, property damage, economic damage, and social dislocation associated with hazards. The City's response to these issues will determine its success in maintaining and attracting residents and businesses. Chula Vista will address safety issues comprehensively to ensure an enjoyable, safe, and healthy environment for Chula Vista's residents, workforce, and visitors. 1.1. Relationship to Other Documents The Safety Element works jointly with other General Plan elements and planning documents and is implemented by several City departments through goals, policies, and implementation methods. The City’s Safety Element relates to nearly every General Plan element but most closely relates to the Land Use, Transportation, Environmental1, and Housing Elements of the City’s General Plan. Additionally, the Safety Element relates to other planning documents, including the Chula Vista Emergency Operations Plan (EOP), Multi-Jurisdictional Hazard Mitigation Plan (MJHMP), and Climate Action Plan. These plans are integrated in the Safety Element. The Land Use and Transportation Element provides a central framework for the General Plan and serves as a compass to guide the public, planners, decision-makers, and City staff on the desired pattern of development in Chula Vista. Development is closely linked to safety as it provides an opportunity to design and guide the growth of the City with hazards and safety in mind. 1.1.1. City’s General Plan Elements The Land Use and Transportation Element establishes the land use designations, intensity of development, and nature of development. The element reflects anticipated levels of development including critical facilities such as schools, city services, utilities, police and fire protection services, and so on. It is necessary to make sure, as much as possible, that these developments are in areas that are not in hazard zones or that the hazards are mitigated to ensure the safety of the structures and users. The Land Use and Transportation Element also evaluates the road system necessary to serve that development, as well as alternative forms of transportation available to move people and goods and to provide facilities that complement and enhance the nature of the surrounding neighborhood. Designation 1 Environmental Element Covers the requirements of Conservation Element per Office of Planning and Research Guidelines. Page 601 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 5 of and access to evacuation routes based on the Land Use and Transportation Element is studied as a part of the Safety Element. The Housing Element details the City’s eight-year strategy for the enhancement and preservation of the community; identifies strategies for expanding housing opportunities for the City’s various economic segments; and provides the official policy guidance for local decision-making related to housing. Similar to the Land Use and Transportation Element, the Housing Element is related to the Safety Element for the evaluation and mitigation of proposed development in any hazard zones. California Government Code Section 65302 requires the Safety Element to be updated every time a Housing Element is updated. The Environmental Element sets policies and describes the natural resources of within the City including land, water, and ecosystem services. Essentially, it focuses on sustainable land use, resource management, and environmental protection. These are directly related to climate resiliency policies of the Safety Element. 1.1.2. County’s Operational Area Emergency Operations Plan The San Diego County Operational Area (OA) was formed in the 1960's to assist all of the cities and the County in developing emergency plans, exercising those plans, developing Mutual Aid capabilities between jurisdictions and, in general, establishing relationships that would improve communications between jurisdictions and agencies. The OA consists of the County and all jurisdictions within the county. The San Diego County Operational Area Emergency Operations Plan (OA EOP) is for use by the County and all of the cities within the county to respond to major emergencies and disasters. It describes the roles and responsibilities of all county departments (including many city departments), and the relationship between the County and its departments and the jurisdictions within the county. The Cities are encouraged to adopt the OA EOP as their own, with modifications as appropriate for their city. The Plan is subject to update every four years by the Office of Emergency Services and the Unified Disaster Council of the Unified San Diego County Emergency Services Organization. 1.1.3. City’s Vista Emergency Operations Plan The City’s Emergency Operations Plan (EOP) was updated in July 2021 and addresses Emergency Preparedness (those activities supporting enduring operational readiness) and Emergency Response (those immediate and ongoing actions that lead the jurisdiction through an identified crisis or disaster event). The goal of this plan is to provide for a coordinated effective response to ensure the protection of life, property, resources, and the environment. The City of Chula Vista EOP is based on the County of San Diego Operational Area Emergency Operations Plan (OA EOP). It is designed to meet the needs of the City with respect to organizational structure and identified hazards. It is fully integrated into the Safety Element and may be found at this location: /https://pub-chulavista.escribemeetings.com/filestream.ashx?DocumentId=35655. 1.1.4. County’s Multi-Jurisdictional Hazard Mitigation Plan The City of Chula Vista is a jurisdictional partner in San Diego County’s Multi-Jurisdictional Hazard Mitigation Plan (MJHMP). The MJHMP identifies ways to minimize damage from natural and human- Page 602 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 6 caused disasters. The plan is a resource for hazard management, state and federal program requirements, local hazard mitigation capability, and inter-jurisdictional coordination. The County’s MJHMP was revised in 2023 to include recent hazards and mitigation measures. San Diego County received an achievement award from the National Association of Counties for the original MJHMP drafted in 2004. The 2023 MJHMP was crafted in accordance with the Disaster Mitigation Act of 2000 and followed the Federal Emergency Management Agency’s (FEMA) 2011 Local Hazard Mitigation Plan guidance. The MJHMP incorporates a process where hazards are identified and profiled, the people and facilities at risk are analyzed, and mitigation actions are developed to reduce or eliminate hazard risk. The implementation of these mitigation actions, which include both short- and long-term strategies, involves planning, policy changes, programs, projects, and other activities. The MJHMP is fully integrated into the Safety Element and may be found at this location: https://www.sandiegocounty.gov/oes/emergency_management/oes_jl_mitplan.html 1.1.5. Climate Action Plan Since 2000, Chula Vista has been implementing a “Climate Action Plan” to address the threat of climate change impacts to the local community. Greenhouse gas (GHG) emissions represent a unique hazard because until the City reaches its net-zero goal community-wide actions will contribute to an increase in the hazards they cause and will only be reduced by global GHG emissions reductions. The most recent plan is the 2017 Climate Action Plan (CAP). It includes ambitious new goals and policies to strengthen the City’s climate action efforts. Implementing the CAP facilitates achieving numerous community co-benefits such as utility savings, better air quality, reduced traffic congestion, local economic development, and improved quality of life. It brings together past City of Chula Vista climate plan efforts including the original Carbon Dioxide Reduction Plan (2000), the mitigation plan (2008), and the adaptation plan (2011), and an updated plan is expected to be released in 2024. The City regularly conducts greenhouse gas emission inventories to help guide the execution of the CAP as well as to monitor and evaluate the progress. The CAP is fully integrated into the Safety Element and may be found at this location: https://www.chulavistaca.gov/home/showdocument?id=15586. 1.1.6. Sustainable Communities Strategy The Sustainable Communities Strategy (SCS) was adopted in 2021 as a part of the San Diego Association of Governments (SANDAG) 2021 Regional Plan and is designed to help create more sustainable and livable communities within the San Diego region.2 The SCS in San Diego, like in other regions of California, is largely driven by the requirements of Senate Bill (SB) 375, which was passed in 2008. SB 375 mandates that regions in California develop strategies to reduce greenhouse gas emissions from the transportation sector by integrating transportation, land use, housing, and environmental planning in order to improve air quality and enhance the overall quality of life for residents. Local jurisdictions, including Chula Vista, have agreed to certify that their general plans are consistent with the SCS. 2 San Diego Association of Governments, 2021 Regional Plan, https://www.sandag.org/- /media/SANDAG/Documents/PDF/regional-plan/2021-regional-plan/final-2021-regional-plan/final-2021-regional- plan-flipbook.pdf. Page 603 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 7 Page 604 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 8 2.1. Existing Conditions An analysis of existing conditions is one of the primary steps in the process of updating the City of Chula Vista’s Safety Element. An outline of information on existing conditions in the City and surrounding areas, as well as an analysis of factors that will impact the City's physical development, will inform the goals, policies, and actions of the Safety Element. The existing conditions analysis for each identified hazard includes identifying the location and extent of hazard areas that currently exist and have historically occurred as well as identifying the capabilities of the City to mitigate or respond to each hazard. The goals, policies, and implementation plan laid out in this Safety Element are guided by the existing conditions related to each hazard and safety risk. The focus of the identified existing conditions is on mappable resources, trends, and concerns that will frame choices for the long-term physical development of the City. 2.1.1. Planning Area The Safety Element relates to the entire City of Chula Vista, which is in San Diego County. San Diego County is located in southwestern California, bordering the Pacific Ocean and Mexico. The City is located in the southwestern portion of San Diego County along the San Diego Bay. The City is bordered by National City in the northwest, the City of San Diego farther northwest, and unincorporated San Diego County in the north and east. To the south of the City is the City of San Diego, followed by the US-Mexico Border. Because certain disaster events, geologic features, and potential hazards relate to each other and transcend the City's boundaries, this Safety Element takes into account hazards that occur or originate in other jurisdictions when the potential impact of those hazards might impact the City. There are no military installations in Chula Vista and hence the impacts of hazards on military installations are not discussed in this document. 2.2. Geologic Hazards San Diego County has a geologically diverse composition of alluvial fans, mountains, rivers, and streams, and is located along the San Diego Bay and Tijuana River Basin. Much of the City is characterized by sedimentary and volcanic rock. To the west is the San Diego Bay where the coastline includes habitats such as a salt marsh, mudflats, and salt flats. To the east is a lake and open space reserve. Major geological features of San Diego County include the San Diego Bay and Pacific Ocean to the west, the Tijuana River to the south, and the Anza Borrego Desert to the east. An understanding of the geology and soil composition of a site is essential for new construction and redevelopment of land as it can impact the safety of the structures. Geologic hazards include seismic hazards, landslides, subsidence, and expansive soils. Seismic hazards can lead to fault rupture, ground shaking, and liquefaction. Seismic activity can also be a cause of landslides, subsidence, tsunamis, and seiches. Table 1 and Figure 1 show the geologic makeup of Chula Vista. Large portions of the City on the east of Interstate 805 are composed of marine sedimentary rocks with high shale content and can be prone to Page 605 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 9 landslides when they become saturated with water, leading to reduced cohesion. The presence of weak or poorly cemented sedimentary layers can contribute to landslide susceptibility. The soils in Chula Vista vary, with sandy soils near the coast and more clay-rich soils inland. Table 1: Geology Rock Types General Lithology Age Description P Marine Sedimentary Rocks Pliocene Sandstone, siltstone, shale, and conglomerate; mostly moderately consolidated. Qoa Marine and Nonmarine (Continental) Sedimentary Rocks Pleistocene Older alluvium, lake, playa, and terrace deposits. Q Marine and Nonmarine (Continental) Sedimentary Rocks Pleistocene- Holocene Alluvium, lake, playa, and terrace deposits; unconsolidated and semi-consolidated. Mostly nonmarine but includes marine deposits near the coast. Mc Nonmarine (Continental) Sedimentary Rocks Miocene Sandstone, shale, conglomerate, and fanglomerate; moderately to well consolidated. Mzv Metavolcanic Rocks Mesozoic Undivided Mesozoic volcanic and metavolcanic rocks. Andesite and rhyolite flow rocks, greenstone, volcanic breccia, and other pyroclastic rocks; in part strongly metamorphosed. Includes volcanic rocks of Franciscan Complex: basaltic pillow lava, diabase, greenstone, and minor pyroclastic rocks. Ec Nonmarine (Continental) Sedimentary Rocks Eocene Sandstone, shale, conglomerate; moderately to well consolidated. Source: California Geological Survey, https://maps.conservation.ca.gov/cgs/gmc/App/. Page 606 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 10 Figure 1: Geology Page 607 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 11 2.2.1. Seismic Hazards 2.2.1.1. Fault Rupture Earthquake severity is typically categorized according to magnitude (a measure of the amount of energy released when a fault ruptures) and seismic intensity (a qualitative estimate of the damage caused by an earthquake at a given location). Because the amount of destruction generally decreases with distance from the epicenter (the point at the earth's surface directly above where the earthquake originated), earthquakes are assigned several intensities. The most commonly used seismic intensity scale is the Modified Mercalli Intensity (MMI) scale, which has 12 levels of damage. The higher the number, the greater the damage. The largest earthquake that can occur on a fault or fault segment is called the maximum credible (MCE) or characteristic earthquake. Depending on the planned use, lifetime, or importance of a facility, a maximum probable earthquake (MPE) is the earthquake most likely to occur in a specified period (such as 30 to 500 years). In general, the longer the period between earthquakes on a specific fault segment (recurrence interval), the larger the earthquake. The State of California, under the guidelines of the Alquist-Priolo Earthquake Fault Zoning Act of 1972, regulates the development of structures near active faults. The California Department of Conservation classifies faults according to the following criteria: • Holocene-Active Fault: A fault that has had surface displacement within Holocene time (the last 11,700 years); • Pre-Holocene Fault: A fault whose recency of past movement is older than 11,700 years and thus does not meet the criteria of Holocene-active fault as defined in the State Mining and Geology Board regulations. An earthquake or rupture along one of the many faults in the vicinity of the City could result in casualties and extensive property damage. The impacts of such a quake may also result from aftershocks and secondary effects such as fires, landslides, dam failure, liquefaction, and other threats to public health and safety. California is a seismically active area with numerous faults throughout the region (see Figure 2). The City is situated on the Pacific Ring of Fire, which is a region of intense tectonic activity that circles the Pacific Ocean. Hence, Chula Vista is at risk for earthquakes and other geologic hazards. However, there are no State- designated Alquist-Priolo Earthquake Fault Zones per Geological Survey within the City where surface fault rupture previously has occurred, or where local topographic, geological, and geotechnical conditions indicate a potential for permanent ground displacements such that mitigation by avoidance as stated in Public Resources Code Section 2621.5 would be required. The closest major fault system in the region is the Rose Canyon fault, approximately 14 miles northwest, and the Elsinore Fault on the east. Local faults also include the Sweetwater Fault and La Nacion Fault to the south of the City as shown in Figure 3. Rose Canyon Fault: The Rose Canyon Fault is an extension of the Los Angeles Newport-Inglewood Fault and is a right-lateral, strike-slip fault. The last major earthquake along the Rose Canyon Fault occurred in 1862 with a magnitude of 6. The earthquake caused minor damage to Old Town San Diego and resulted in a tsunami in San Diego Bay. Elsinore Fault: The Elsinore Fault extends for approximately 180 kilometers through Southern California. However, despite its size, it is one of the quietest faults in the region and is called a sleeping giant. It is known to be seismically active, and it has the potential to generate significant earthquakes. While it may not be as Page 608 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 12 well-known as other fault systems in California, it remains a source of concern for earthquake hazards in the region. It is a strike-slip fault, which means that it primarily exhibits horizontal movement along the fault plane. La Nacion Fault: The La Nacion Fault is situated to the east of San Diego Bay, within the broader Southern California region. It runs through the Tijuana River Valley to the south of the City and is made up of north- south oriented faults that dip to the west, appearing like a network of connected lines. These faults have moved the rocks of the Pliocene San Diego Formation by more than 60 meters over time. There has been no recent movement on these faults. Sweetwater Fault: The Sweetwater Fault is situated in the southern part of San Diego County, near Chula Vista and the Sweetwater Reservoir. It is part of the broader fault system in Southern California. The Sweetwater Fault is known to be a strike-slip fault. The Sweetwater Fault is considered one of the significant seismic hazards in the region and it has the potential to produce earthquakes that could impact local communities, including Chula Vista. 2.2.1.2. Ground Shaking Ground shaking is characterized by the physical movement of the land surface during earthquakes. This shaking can cause significant damage to buildings and impact the underlying soils. Strong ground shaking as a result of earthquakes can cause soils to compact, resulting in local or regional subsidence of the ground surface. During strong ground shaking, soils become more tightly packed due to the collapse of pore spaces, resulting in a reduction in the thickness of the soil column. This type of ground failure typically occurs in loose granular, cohesionless soils and can occur in either wet or dry conditions. Unconsolidated young alluvial deposits are especially susceptible to this hazard. Damage to structures can occur as a result of subsidence. Portions of the City may be susceptible to seismically induced settlement. The City of Chula Vista is not listed within a State-designated Alquist-Priolo Earthquake Fault Zone. The closest fault in the region is the Rose Canyon fault, approximately 14 miles northwest. San Diego County has a geologically diverse composition of alluvial fans, which may be susceptible to ground shaking. Shake Potential Figure 4 shows the shake potential in the City. It shows the relative intensity of ground shaking from anticipated future earthquakes. Percentage of gravity (% g) is a method for expressing acceleration, measured relative to gravity (g). Shaking potential at 150% of gravity would be 1.50 g's, perceived as severe ground shaking with moderate to heavy potential of damage on the Modified Mercalli Intensity scale. Based on the shake potential map, the strongest ground shaking that could occur in the City would be 1.35 to 1.75 g’s (135% to 175% of gravity), with higher shake potential in the most western areas of the City. For comparison purposes, the peak ground acceleration in a single direction measured during the 1994 Northridge earthquake was 1.82 g, moment magnitude 6.7—this was the highest ever instrumentally recorded in urban North America.3 3 Yegian, M. K., G. V. Ghahraman, G. Gazetas, P. Dakoulas, and N. Makris, “The Northridge Earthquake of 1994: Ground motions and Geo Technical Analysis,” Proceedings, 1995, Volume III, https://web.archive.org/web/20130506100941/http://www.coe.neu.edu/Depts/CIV/faculty/myegian/library/Thenorthridge%20Earthquake%2 0of%201994%20Ground%20Motions%20and%20Geotechnical%20Aspects.pdf. Page 609 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 13 These shake potential maps show the projected maximum capacity for ground shaking in the specific geography, based on conditions such as topography, soil types, groundwater location, etc. Areas around floodplains or shallow groundwater can experience more significant ground shaking, along with steep hillsides. 2.2.1.3. Liquefaction Seismic ground shaking of relatively loose, granular soils that are saturated or submerged can cause the soils to liquefy and temporarily behave as a dense fluid. Liquefaction is caused by a sudden temporary increase in pore water pressure due to seismic densification or other displacements of submerged granular soils. Liquefaction more often occurs in earthquake-prone areas underlain by young (i.e., Holocene age) alluvium where the groundwater table is higher than 50 feet below the ground surface. Chula Vista’s General Plan area is situated within seismically active Southern California. While no known Alquist-Priolo Earthquake Fault Zones or active faults (i.e., faults that exhibit evidence of ground displacement during the last 11,000 years) traverse Chula Vista, traces of the potentially active La Nacion Fault zone are known to cross the City in a generally north-south direction within the central portion of the City (refer to Figure 3). The greatest magnitude earthquake expected on the La Nacion fault is estimated to be 6.0. The nearest active faults are the Rose Canyon Fault, located approximately 14 miles northwest of the City, and the Coronado Bank fault, located approximately 30 miles from the City. Other active faults in the region are located more than 60 miles from the City. Strong vibrations due to earthquakes can cause liquefaction of certain soil types. Areas of Chula Vista in close proximity to San Diego Bay and the Sweetwater and Otay River Valley (refer to Figure 5) have shallow groundwater tables and poorly consolidated granular sediments potentially subject to seismically induced liquefaction. Seismic activity within the region can cause structures to fail, resulting in significant property damage, business disruptions, injuries, and even loss of life. Liquefaction-prone areas within the City are generally located along the coast of the San Diego Bay in the west, and surrounding the northern and southern boundaries of the City, as shown in Figure 5. These areas are classified as having liquefaction potential. In general, hazards associated with seismic activity include strong ground motion; ground surface rupture; liquefaction; and seismically induced settlement. Ground surface rupture is not considered likely to occur in the City’s General Plan area. Lurching or cracking of the ground surface as a result of nearby or distant seismic events is also considered unlikely. Page 610 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 14 Figure 2: Regional Fault Locations Page 611 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 15 Figure 3: Local Fault Locations Page 612 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 16 Figure 4: Shake Potential Map Page 613 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 17 Figure 5: Liquefaction Zones Page 614 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 18 2.2.2. Landslides A landslide is defined as the movement of a mass of rock, debris, or earth movement down a slope. Landslides are subdivided by the type of geologic material (bedrock, debris, or earth). Debris flows (commonly referred to as mudflows or mudslides) and rock falls are examples of common landslide types.4 Landslides can be initiated in slopes already on the verge of movement by rainfall, snowmelt, changes in water level, stream erosion, changes in groundwater, earthquakes, volcanic activity, disturbance by human activities, or any combination of these factors. Landslide susceptibility is defined as the likelihood of a landslide occurring in an area on the basis of local terrain conditions. Initiates are not taken into account when determining landslide susceptibility, as the cause of an area being susceptible to landslides is not the same as the cause of a landslide. While rainfall is not a cause of landslide susceptibility, it is a potential initiate of landslides. Average yearly rainfall in Chula Vista has been decreasing in recent years, however dry weather may lead to increased wildfire risk. Wildland fire risk zones have steep slopes and limited precipitation, Since Chula Vista receives limited precipitation, the potential for wildland fires represents a significant hazard within areas of the City. Per the California Department of Conservation, slopes are more susceptible to debris flow after wildfire. Therefore, landslide susceptibility may increase as a result of more frequent fires. Areas of known landslides, or areas generally susceptible to landsliding, within the General Plan area have been identified in Figure 6. The potential for earthquake-induced landsliding in hillside terrain is also present. Slopes steeper than 25 degrees (approximately 2:1) are potentially subject to instability. Such areas may be prone to hazards such as surficial failures; earthflows; debris flow; mudslides; rock falls; soil creep; and erosion. Failures of man-made slopes could also occur in some of the developed areas of the City. Planning for a safe community requires consideration of geologic hazards. Incorporating proper geotechnical engineering techniques in development projects can reduce the risks associated with geologic hazards to an acceptable level. The State Historical Building Code is a tool that is available to the City to ensure the reasonable safety of historically significant buildings from geologic hazards while facilitating the maintenance of the historical integrity of such buildings. Figure 6 shows the relative likelihood of deep-seated landsliding based on regional estimates of rock strength and steepness of slopes. On the most basic level, weak rocks and steep slopes are most likely to generate landslides. The map uses detailed information on the location of past landslides, the location and relative strength of rock units, and the steepness of the slope to estimate susceptibility to deep-seated landsliding. This landslide susceptibility map is intended to provide infrastructure owners, emergency planners, and the public with a general overview of where landslides are more likely to occur. However, it is essential to note that this map is not suitable for assessing the landslide risk at any particular location. The analysis of landslide susceptibility uses a combination of rock strength and slope data to create classes of landslide susceptibility from 0 (low) to 10 (high). These classes express the generalization that on very low 4 US Geological Survey, “What is a landslide and what causes one?” accessed October, 12, 2022, https://www.usgs.gov/faqs/what-landslide-and- what-causes-one. Page 615 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 19 slopes, landslide susceptibility is low even in weak materials and that landslide susceptibility increases with slope and in weak rocks. The landslide susceptibility matrix is based on Rock Strength and Slope Steepness.5 Areas underlain by shale and siltstone are more prone to landslides when compared to other bedrock geology, which is more prone to slow-developing, slump-type failure. The areas in the north and southeast portions of the City with steeper slopes are more vulnerable to landslides. Areas along Olympic Parkway and Telegraph Canyon Road also have higher susceptibility with a few parcels reaching a susceptibility of 10. Any development of areas in the higher landslide susceptibility areas will need a geological assessment to determine the mitigation measures appropriate for these areas. Engineering techniques such as constructing retaining walls or reinforced retaining structures, creating terraces, installing proper drainage systems, and using rock bolts to secure loose rocks or soil can be explored as mitigation measures. In addition, native vegetation with deep roots to bind the soil and reduce erosion as well as limiting development in high-risk landslide areas may be effective in preventing landslides. No indications of past landslides have been observed. 2.2.3. Subsidence Ground subsidence is the gradual settling or sinking of the ground surface with little or no horizontal movement. Most ground subsidence is anthropogenic (i.e., originating in human activity) and is usually associated with the extraction of oil, gas, or groundwater from below the ground surface in valleys filled with recent alluvium. Land subsidence can also occur during an earthquake because of offset along fault lines and as a result of settling and compacting of unconsolidated sediment from the shaking of an earthquake. The United States Geological Survey (USGS) documents areas of land subsidence throughout California, including historical and current subsidence. The USGS has not identified any regional subsidence as a result of groundwater pumping or oil extraction in the City of Chula Vista or surrounding communities.6 2.2.4. Expansive Soils Expansive soils are those that have the ability to expand or contract, changing in volume based on their moisture content. They are typically composed of a form of expansive clay mineral that readily absorbs water and swells, leading to an increase in volume when wet and contraction/shrinkage when dry. This shrink-swell process can cause fatigue and crack for infrastructure or foundations placed directly on or within expansive soils. Structural damage may result over a long period of time, making it difficult to estimate the severity of long-term impacts. Expansive soils are typically rich in clay minerals, particularly montmorillonite and smectite. These minerals have the ability to absorb water and expand, which is the primary reason for the soil's volume changes. Large portions of the City are composed of Diablo clay soil (refer to Figure 7), which is an expansive soil. The shrink-swell characteristic of expansive soils can create challenges for construction, foundations, and infrastructure in areas where Diablo clay or similar expansive soils are present. Proper engineering and construction techniques are required to mitigate the potential problems associated with these soils. 5California Geological Survey, Layer: Landslide Susceptibility Classes (ID: 0), accessed July 11, 2022, https://gis.conservation.ca.gov/server/rest/services/CGS/MS58_LandslideSusceptibility_Classes/MapServer/0. 6 US Geological Survey, “Areas of Land Subsidence in California,” accessed August 20,2023, https://ca.water.usgs.gov/land_subsidence/california- subsidence-areas.html. Page 616 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 20 Figure 6: Landslide Areas Page 617 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 21 2.2.5. Tsunamis and Seiches A tsunami is a wave or series of waves generated by a large and sudden upward movement of the ocean floor, usually the result of an earthquake below or near the ocean floor, underwater landslides, or volcanic activity. This sudden displacement and force create waves that radiate outward in all directions away from their source, sometimes crossing entire ocean basins. A tsunami wave conceivably could have adverse effects on the coastal areas of Chula Vista. However, because the City is adjacent to a relatively protected part of San Diego Bay, the potential for significant wave damage is considered low. A seiche is defined as a standing wave oscillation in an enclosed or semi-enclosed, shallow to a moderately shallow water body to the basin, such as a lake, reservoir, bay, or harbor, due to ground shaking, usually following an earthquake. Seiches continue in a pendulum fashion after the cessation of the originating force, which can be tidal action, wind action, or a seismic event. Seiches are often described by the period of the waves (how quickly the waves repeat themselves) since the period will often determine whether adjoining structures will be damaged. The period of a seiche varies depending on the dimensions of the basin. Whether the earthquake will create seiches depends upon a number of earthquake-specific parameters, including the earthquake location (a distant earthquake is more likely to generate a seiche, compared to a local earthquake), the style of fault rupture (e.g., dip-slip or strike-slip), and the configuration (length, width, and depth) of the basin. Due to the San Diego Bay being a mostly enclosed body, seiches do pose a potential threat to the City of Chula Vista along the San Diego Bay shoreline. In the unlikely event of the development of noticeable seiches, it is conceivable that local areas adjacent to the Otay Lakes and the San Diego Bay could be impacted by wave activity. However, seiches have not been historically documented in the area. Page 618 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 22 Figure 7: Soils Page 619 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 23 Figure 8: Tsunami Map Page 620 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 24 2.3. Fire Hazards 2.3.1. Wildland Fires A wildfire is defined as an unplanned and unwanted wildland fire, including unauthorized human-caused fires, escaped wildland fire use events, escaped prescribed fire projects, and all other wildland fires where the object is to extinguish the fire. Wildfire is a natural part of the California ecosystem, helping to clear brush and debris, and is a necessary part of various species' life cycles. Lightning, accidents, or arson can spark wildfires. Wildfires are becoming more frequent or intense with climate change. Although the City is not generally prone to wildfire hazards except in certain areas, regional wildfires may become an increasing threat with climate change. City has considered OPR's Fire Hazard Technical Advisory in preparation of this section. Human activity has changed the buffer zone between urbanized and undeveloped areas, known as the wildland-urban interface, where naturally fire-prone landscapes abut developed neighborhoods. The natural setting of a wildland-urban interface can make these areas highly desirable places to live, and many of these areas in California are now developed. This development has brought more people into wildfire-prone areas. The availability of fuel and increasing encroachment into the wildland-urban interface have made wildfires a common and dangerous hazard in California. Structural conditions that may affect fire control include the type and use of a structure, roof covering, surrounding landscaping, and exposure to the building. Once a fire has started, several conditions influence its behavior, including fuel topography, weather, drought, and development. Certain conditions must be present for significant interface fires to occur. The most common conditions include hot, dry, and windy weather, the inability of fire protection forces to contain or suppress the fire, the occurrence of multiple fires that overwhelm committed resources, and a large fuel load (dense vegetation). Wildland fire risk zones are areas that have steep slopes, limited precipitation, and plenty of available fuel, or combustible plant material. Brush management is required to be undertaken in the City in areas where urban development interfaces with open space, in order to reduce fire fuel loads and reduce potential fire hazards. Since Chula Vista receives limited precipitation, the potential for wildland fires represents a significant hazard within areas of the City. In 2003, the Cedar fire burned about 280,000 acres of land, about 10 percent of which was in the City of San Diego and led to the evacuation and burning of thousands of homes. It started 25 miles east of San Diego in the Cleveland National Forest and crossed into San Diego the next day. The Cedar fire burned for three days. The City of Chula Vista was largely avoided as the fire stopped at Otay Lakes. In 2007, the Harris, Witch Creek, and Guejito fires merged and burned about 200,000 acres and thousands of homes in San Diego County. Over 500,000 people were evacuated. The Harris fire entered the City of Chula Vista from the east and covered much of the same area as the Cedar fire had four years earlier. 2.3.2. Fire Hazard Severity Zones The California Department of Forestry and Fire Protection prepares wildfire hazard severity maps based on fuels, terrain, weather, and other relevant factors. These zones, referred to as Fire Hazard Severity Zones (FHSZ), define the application of various mitigation strategies and influence how people construct Page 621 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 25 buildings and protect property to reduce the risk associated with wildland fires. While FHSZ does not predict when or where a wildfire will occur, they do identify areas where wildfires may be more likely to occur or be more severe, based on factors such as fire history, existing and potential vegetation that can serve as fuel, predicted flame length, blowing embers, terrain, and typical fire weather for an area. Zones are designated in varying degrees from moderate, high, and very high. There are three types of responsibility areas in California: Local Responsibility Area (LRA), State Responsibility Area (SRA), or Federal Responsibility Area (FRA). LRAs are incorporated jurisdictions such as cities, urban regions, and agricultural lands where the local government is responsible for wildfire protection. SRAs are those for which the State of California is financially responsible for the prevention and suppression of wildfires. FRAs are lands for which the federal government has legal responsibility for providing fire protection. The City of Chula Vista has Very High Fire Hazard Severity Zones (VHFHSZ) in the eastern side of the city and a section in the south. There are also sections of SRA and FRA which are in the northeastern corner of Chula Vista. SRA is the responsibility of CAL FIRE and FRA lands are the responsibility of the U.S. Forest Service. In the City of Chula Vista, fire protection is provided by the Chula Vista Fire Department. Fire stations are dispersed throughout the City while police facilities are centered in headquarters located in downtown Chula Vista as shown in Figure 15. The Public Safety Services section provides more details on location and programs by fire department services in the City. Page 622 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 26 Figure 9: Fire Hazard Severity Zone Page 623 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 27 2.4. Flooding 2.4.1. Major Sources of Flooding Flooding occurs when a waterway (either natural or artificial drainage channel) receives more water than it is capable of conveying, causing the water level in the waterway to rise. Depending on how long these conditions last and the amount of runoff the waterway receives in proportion to its capacity, the rising water level may eventually overtop the waterway’s banks or any other boundaries to the drainage area, resulting in flooding. Floods often occur during heavy precipitation events, when the amount of rainwater exceeds the capacity of storm drains or flood control channels. Floods can also happen when infrastructure such as levees, dams, reservoirs, or culverts fail or when a section of drainage infrastructure fails, and water cannot be drained from an area quickly enough. These failures can be linked to precipitation events (e.g., when water erodes a levee, allowing water to escape and flood nearby areas) or can be a consequence of other emergency situations (e.g., a dam collapsing due to an earthquake). Flooding associated with heavy rainfall episodes, as well as dam failure, poses a significant hazard to people and property. Although much less likely to occur, tsunamis and seiches also represent potential flood hazards in portions of Chula Vista in proximity to the San Diego Bay and the Otay Lakes. Furthermore, flooding can result in costly damage to private and public property and infrastructure; by damaging roadways and creating unsafe driving conditions, flooding also impedes traffic and disrupts business operations. Climate change may lead to more frequent or intense storm events, and it is likely that flooding would have a more significant effect on the City. Increasing the capacity of the City's drainage infrastructure would make the City more resilient to weather events linked to climate change. During severe rain seasons, low-lying areas along the floodplains of the Sweetwater and Otay Rivers and several of their tributaries, including Telegraph Canyon Creek, Poggi Channel, Salt Creek, and Jamul (Dulzura) Creek, as well as certain drainage facilities, may experience flooding. Dams, levees, reservoirs, and drainage channels have been constructed to control the drainage of much of the watershed for the General Plan area, thereby reducing the potential for hazardous flooding of developed areas. FEMA has delineated inundation areas for 100- and 500-year floods. Areas designated to be within the flood zone are shown in Figure 10. Flood hazard areas identified on the Flood Insurance Rate Map (FIRM) are identified as Special Flood Hazard Areas (SFHA). SFHAs are defined as the area that will be inundated by the flood event having a 1 percent chance of being equaled or exceeded in any given year. The 1 percent annual chance flood is also referred to as the base flood or 100-year flood. SFHAs are labeled as Zone A, Zone AO, Zone AH, Zones A1-A30, Zone AE, Zone A99, Zone AR, Zone AR/AE, Zone AR/AO, Zone AR/A1-A30, Zone AR/A, Zone V, Zone VE, and Zones V1-V30. Moderate flood hazard areas, labeled Zone B or Zone X (shaded), are also shown on the FIRM and are the areas between the limits of the base flood and the 0.2 percent annual chance (or 500-year) flood. The areas of minimal flood hazard, which are the areas outside the SFHA and higher than the elevation of the 0.2 percent annual chance of flood, are labeled Zone C or Zone X (unshaded). The city allows construction in flood zones pursuant to Chapter 14.18 of the municipal code. Page 624 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 28 There are Zone A, and AE flood risk areas along San Diego Bay and on the northern and southern boundaries of the City. Areas at risk generally have low levels of development and include parks and open spaces. A Zone (A): This SFHA designation represents areas with a 1 percent annual chance of flooding, often referred to as the 100-year floodplain. It means that there is a 1 percent probability of a flood of this magnitude occurring in any given year. These areas typically have a higher risk of flooding and are subject to certain building and development restrictions, as well as requirements for flood insurance if a property owner has a federally backed mortgage. AO Zone (AO): The AO Zone is also an SFHA, but it is slightly different from the A Zone in that an AO Zone is an area that has a 1 percent annual chance of shallow flooding (typically with depths between 1 and 3 feet). These areas are also considered high risk, but the flooding is characterized by shallow depths rather than deep inundation. As with the A Zone, properties in the AO Zone may be subject to specific building and development regulations and requirements for flood insurance. AE Zone (AE): Similar to the A Zone, the AE Zone designates areas with a 1 percent annual chance of flooding, or the 100-year floodplain. The AE Zone is one of the most common flood zone designations. Properties within the AE Zone are subject to specific building and development regulations, including requirements for elevating structures above the base flood elevation to reduce flood risk. Property owners in AE Zones are also often required to have flood insurance if they hold federally backed mortgages. VE Zone: The VE Zone is a coastal high-hazard area that signifies a significant risk of flooding from a combination of wave action and storm surge. These areas are typically located along coastlines and are subject to increased vulnerability to flooding during hurricanes, tropical storms, and other coastal weather events. The VE designation is used to denote Velocity Zone, indicating that not only is flooding a concern, but also the speed and force of floodwaters, such as from waves and storm surges. Properties within VE Zones face specific building and development regulations, and they often require structures to be elevated on pilings or other appropriate foundations to mitigate the risk of damage from the combination of floodwaters and wave action. Page 625 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 29 Figure 10: FEMA Flood Zones Page 626 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 30 2.4.2. Dam Inundation Dam failure is the uncontrolled release of impounded water from behind a dam. Flooding, earthquakes, blockages, landslides, lack of maintenance, improper operation, poor construction, vandalism, and terrorism can all cause dam infrastructure to fail. Dam failure causes downstream flooding of varying velocities that can result in loss of life and property. Several regional reservoirs and dams are located within and in the vicinity of Chula Vista. Of these, Sweetwater Dam, Savage Dam, and Lake Loveland have the potential to cause damage in the City if there is a breach. Savage Dam, built in 1919, is a 149-foot-high and 750-foot-wide dam. It is owned by City of San Diego and used for storing water for backup uses in the San Diego area. The Loveland Dam was built in 1945 and is owned and operated by the Sweetwater Authority; it is 203 feet high and 765 feet wide. In addition to its role in water supply, the Loveland Reservoir area offers recreational opportunities for the public. The surrounding lands are used for hiking, picnicking, birdwatching, and enjoying the natural beauty of the region. It is a popular spot for outdoor enthusiasts and nature lovers. The Sweetwater Dam was built in 1888 and is an important historical landmark in San Diego County. It is a 112-foot-high and 700-foot-wide dam. It is owned by the Sweetwater Authority and is part of their water supply system. It was built primarily to store and supply water for agricultural purposes and to support the growing population in the area. According to the California Department of Water Resources, Division of Safety of Dams (DSOD), the downstream hazard from Sweetwater Dam, Savage Dam, and Lake Loveland is classified as extremely high. The downstream hazard is based solely on potential downstream impacts to life and property should these dams fail when operating with a full reservoir and is expected to cause considerable loss of human life or result in an inundation area with a population of 1,000 or more. The DSOD also maintains a record of the condition assessment of the dams. According to a September 2022 report by DSOD, the condition assessment of Lake Loveland is satisfactory, meaning no existing or potential dam safety deficiencies are recognized. Acceptable performance is expected under all loading conditions (static, hydrologic, seismic) in accordance with the minimum applicable state or federal regulatory criteria or tolerable risk guidelines. The condition assessment for Sweetwater Dam is fair, meaning no existing dam safety deficiencies are recognized for normal operating conditions. Rare or extreme hydrologic and/or seismic events may result in a dam safety deficiency. The risk may be in the range to take further action. The condition assessment for Savage Dam is poor, meaning a dam safety deficiency is recognized for normal operating conditions that may realistically occur. Remedial action is necessary. The classification of poor may also be used when uncertainties exist as to critical analysis parameters that identify a potential dam safety deficiency. Investigations and studies are necessary.7 Figure 11 depicts areas subject to flood inundation in the event of failure of the Sweetwater, Upper Otay, or Savage (Lower Otay) Dams. Dams typically fail due to overtopping by reservoir water during heavy rainfall episodes, structural damage, and earthquake-related hazards such as landsliding, ground shaking, and seiches. 7 California Department of Water Resources, Division of Safety of Dams, “Dams wit hin Jurisdiction of the State of California: Dams Listed Alphabetically By County,” 2022, https://water.ca.gov/-/media/DWR-Website/Web- Pages/Programs/All-Programs/Division-of-Safety-of-Dams/Files/Publications/Dams-Within-Jurisdiction-of-the- State-of-California-Listed-Alphabetically-by-Name-September-2022.pdf. Page 627 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 31 Figure 11: Reservoir Inundation Page 628 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 32 2.4.3. Drainage System The City is located in the San Diego Bay watershed. A watershed, also known as a drainage basin or catchment area, is an area of land where all the water, including rainfall and runoff, drains into a common outlet, such as a river, lake, or ocean. The San Diego Bay watershed includes about 30 percent of San Diego County. The watershed includes Cities of Imperial Beach, Chula Vista, Coronado, La Mesa, Lemon Grove, National City, and San Diego, as well as unincorporated areas of San Diego County. The watershed supplies potable water and supports recreational activities. The San Diego Bay watershed is divided into Pueblo, Sweetwater, and Otay watersheds. Of these, the Sweetwater and Otay watersheds cover Chula Vista (refer to Figure 12). • Sweetwater River Watershed: The Sweetwater River is a prominent water body in the Chula Vista area. It flows through the City and has its headwaters in the mountains to the east. The Sweetwater River watershed includes the land area that drains into the river. The river and its watershed play a significant role in the region's water supply and ecology. • Otay River Watershed: The Otay River flows through the southern part of Chula Vista and serves as the boundary between the United States and Mexico for a portion of its course. The Otay River watershed includes the land area that drains into the Otay River. It is an important watercourse in the region. These watersheds are essential for managing stormwater, providing recreational opportunities, and maintaining water quality in the Chula Vista area. The City participates in San Diego County’s Project Clean Water and coordinates with other communities in the County on matters of clean water and stormwater. Page 629 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 33 Figure 12: Watersheds Page 630 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 34 2.5. Climate Change and Resilience Climate resilience is the capacity of communities to withstand, adapt to, and recover from the adverse impacts of climate change. Climate change is a phenomenon characterized by the long-term shifts in global temperature and weather patterns associated with the build-up of greenhouse gases in the atmosphere and the warming of the planet due to the greenhouse effect. Although climate change is global, its effects can be felt locally, and the response also can start locally. Local policies and actions can reduce greenhouse gas emissions from local sources and incorporate resilience and adaptation strategies into planning and development. Climate change can have widespread effects on temperature and weather patterns, creating conditions that may make storms more frequent or more intense, resulting in more intense rainfall and flooding. Climate change also contributes to sea level rise, intensifying coastal hazards. In many areas, climate change may increase the frequency and duration of droughts and create conditions that intensify wildfire vulnerability. 2.5.1. Climate Change The California Natural Resources Agency’s Cal-Adapt tool is an online platform designed to provide data, information, and resources related to climate change impacts in California. Table 2, created from the Cal- Adapt tool, shows the changes specific to Chula Vista. As shown, the number of extreme heat days, increase in annual maximum temperatures, and decrease in annual precipitation may be a cause of concern for the City. Table 2: Local Climate Change Snapshot Climate Change Factors Impacting the City Observed (1961- 1990) Mid-Century (2035-2064) Medium EmissionsA High EmissionsA Annual Average Maximum Temperature (°F) 71.0 - 71.7 72.6 – 76.0 73.1 – 76.5 Extreme Heat Days (days)B 2 – 4 5 – 16 6 – 20 Annual Average Precipitation (inches) 10.8C 10.6 10.4 Annual Average Area Burned (acres)D 247.5 – 290.1 279.0 – 335.6 303.2 – 344.1 A. The Medium Emissions Scenario represents a mitigation scenario where global carbon dioxide (CO2) emissions peak by 2040 and then decline. Statewide, the temperature is projected to increase  by 2-4°C for this scenario by the end of this century. The High Emissions Scenario represents a scenario where CO2 emissions continue to rise throughout the twenty- first century. Statewide, the temperature is projected to increase by 4-7°C by the end of this century. B. Number of days in a year when the daily maximum temperature is above a threshold temperature of 103.9°F (98th percentile). C. Summary statistics are calculated using values between 1961 and 1990 from Modeled Historical data (CanESM2, CNRM - CM5, HadGEM2-ES, MIROC5 models). D. This area may contain locations outside the combined fire state and federal protection responsibility areas. These locations were excluded from these wildfire simulations and had no climate projections. Source: Cal-Adapt, Local Climate Change Snapshot (cal-adapt.org), Accessed February 3,2023 2.5.2. Extreme Heat An extreme heat event occurs between April and October when the temperature is at or above the 98th Percentile for historic daily maximum temperatures in Chula Vista. An increase in extreme heat waves can increase the risk of heat stroke or dehydration. Extreme heat may strain water, power, and transportation Page 631 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 35 systems. Extreme heat can also have negative effects on infrastructure such as roadways and sidewalks, leading to deterioration and buckling. Additionally, the increased use of air conditioners used by extreme heat events can put strain on electrical systems and lead to emissions which effect lung function over time. 2.5.3. Sea Level Rise As the City of Chula Vista includes approximately 5 miles of coastline along the San Diego Bay, the City is potentially vulnerable to future sea level rise. The San Diego Bay receives water from Sweetwater River, Otay River, and Chollas Creek, and is connected to the Pacific Ocean. Sea level rise is a climate change- driven phenomenon of increasing the elevation of the ocean surface. According to the National Oceanic and Atmospheric Administration (NOAA), sea level rise at the regional level can deviate significantly from the globally averaged rate.8 Thus, effects are unique to specific coastal jurisdictions due to variations in topography and geography. Sea level rise projections and modeling referenced in Table 3 rely on the best available science as evaluated by the California Coastal Commission’s 2018 Sea Level Rise Policy Guidance and are supplemented by NOAA’s 2022 Sea Level Rise Technical Report. Figure 13 shows a scenario assuming 3 feet of sea level rise. In such a scenario, only a few segments of the Chula Vista coastal area will be inundated. These areas are currently undeveloped and are expected to remain so in the future. Table 3: California Coastal Commission Sea Level Rise (SLR) Projections YEAR Low Risk Aversion Medium-High Risk Aversion Upper limit of “likely range” ~17% probability SLR exceeds… 1-in-200 chance 0.5% probability SLR exceeds… 2050 1.2 feet 2.0 feet 2070 2.0 feet 3.6 feet 2090 3.0 feet 5.7 feet 2100 3.6 feet 7.0 feet NOTE: The California Coastal Commission and NOAA state available climate models and experiments do not extend beyond 2100. Both agencies acknowledge increased uncertainties regarding projections past 2100 and recommend caution if projections require utilization. Source: California Coastal Commission, Sea Level Rise Policy Guidance – Science Update, adopted November 2018. In addition, groundwater emergence which refers to the flooding or inundation caused by the emergence of groundwater at the land surface, is anticipated to accompany future sea level rise impacts. As sea levels rise, saltwater can intrude into groundwater aquifers that store fresh water. If the amount of saltwater intrusion is great enough, groundwater can be pushed to the surface.9 Specific vulnerabilities to a rising water table and groundwater emergence include dry weather flooding, deterioration of underground infrastructure such as water/sewer pipelines, extended earthquake liquefaction zones, and resurfacing any underground toxic contamination.10 8 National Ocean Service/National Oceanic and Atmospheric Administration, 2022 Sea Level Rise Technical Report, https://oceanservice.noaa.gov/hazards/sealevelrise/sealevelrise-tech-report-sections.html. 9 MIT Technology Review, Climate Change: How Groundwater caused by Climate Change could Devastate Coastal Communities, 2021, https://www.technologyreview.com/2021/12/13/1041309/climate-change-rising-groundwater-flooding/. 10 KQED, Groundwater Beneath Your Feet Is Rising With the Sea. It Could Bring Long-Buried Toxic Contamination With It, 2020, https://www.kqed.org/science/1971582/groundwater-beneath-your-feet-is-rising-with-the-sea-it-could-bring-long-buried-toxins-with-it. Page 632 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 36 Figure 13: Sea Level Rise Page 633 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 37 2.5.4. Resilience Resiliency in the face of climate change refers to the actions that can be taken to reduce the drivers of climate change and actions to mitigate the effects of climate change. This includes making our community is more resilient to impacts of climate change but also reducing those impacts by reducing GHG emissions and achieving the City’s net zero goal. Because climate change is a long-term phenomenon, it is important to adequately plan for its impacts. In order to mitigate the effects of intense storms, actions may include bolstering drainage capacities and flood control measures. With more frequent or intense storm events, it is likely that flooding would have a more significant effect on the City. Increasing the capacity of the City's drainage infrastructure would make the City more resilient to weather events linked to climate change. Climate change resiliency would also include measures to reduce vulnerability to droughts and wildfires. This may include water conservation and water supply management efforts to ensure the City is prepared in the event of a long-term drought. Diversifying the City's water supply by introducing and maintaining water sources that are less susceptible to drought or are more sustainable also accomplishes this goal. The City does not own or maintain any water supply. The City is dependent on 3 water agencies for its water supply. The City could implement conservation efforts but these efforts do not guarantee a reserve supply of water for the City during drought periods. Additionally, as wildfires become more frequent or intense with climate change, actions to mitigate the City's vulnerability may be warranted. Although the City is not generally prone to wildfire hazards, regional wildfires may become an increasing threat with climate change. 2.5.5. Vulnerability Assessment Summary The County’s MJHMP (2023) documents the hazards for the City of Chula Vista and provides a vulnerability assessment of these threats. Facilities that provide critical and essential services following a major emergency are of particular concern because these locations house staff and equipment necessary to provide important public safety, emergency response, and/or disaster recovery functions. Considering the critical facilities identified in Figure 14 and Figure 15 the climate-related threat that the structures are most vulnerable to is wildfire. Some structures located in the northern portion of the City are also vulnerable to flooding, dam inundation, and liquefaction. The critical facilities are also vulnerable to earthquakes. The secondary impacts of earthquakes could be magnified by climate change. Soils saturated by repetitive storms could fail prematurely during seismic activity due to the increased saturation. 2.5.6. Critical Facilities Critical facilities in a city are those essential structures, services, and resources that are vital for the well- being and functioning of the community, particularly during and after disasters or emergencies. These facilities are considered critical because their disruption or damage can have severe consequences for public safety, health, and the overall recovery of the community. Table 4 provides the list of various critical facilities as identified by the City’s Public Works department. Figure 14 and Figure 15 show the location of these critical facilities. Map A shows critical facilities that fall into categories of education, healthcare, transportation, and wastewater. Map B covers local, county, state and federal government facilities, fire, and law enforcement services. Page 634 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 38 Table 4: Critical Facilities List Ma p ID Facility Name and Type Map ID Facility Name and Type Education Health Care 1 Allen (Ella B.) Elementary 1 Aegis Health LLC 2 Alta Vista Academy 2 Bonita Homecare, Inc. 3 Arroyo Vista Charter 3 Bonitaview Home 4 Bayfront Charter High School 4 Chula Vista Family Counseling Center 5 Bayview Christian Academy 5 Chula Vista Family Health Center 6 Berean Bible Baptist Academy 6 Fredericka Manor Care Center 7 Bonita Country Day School 7 Fresenius Medical Care East Lakes 8 Bonita Learning Academy 8 Fresenius Medical Care Marina Bay 9 Bonita Road Christian 9 Healthwise Home Health Care Inc. 10 Bonita Vista Middle 10 Mi Clinica 11 Bonita Vista Senior High 11 Modern Home Health Care, Inc. 12 Calvary Christian Academy 12 Otay Family Health Clinic 13 Camarena (Enrique S.) Elementary 13 Paradise Valley Hsp D/P Aph Bayview Beh Hlth 14 Casillas (Joseph) Elementary 14 Planned Parenthood - Chula Vista Center 15 Castle Park Elementary 15 Rice Family Health Center 16 Castle Park Middle 16 Samahan Health Centers : 2835 Highland 17 Castle Park Senior High 17 Samahan Health Centers: 2743 Highland 18 Christian Elementary South Bay 18 San Diego Dialysis Services, Inc. 19 Chula Vista Adult 19 San Ysidro Health Chula Vista 20 Chula Vista Hills Elementary 20 Scripps Mercy Hospital - Chula Vista 21 Chula Vista Learning Community Charter 21 Sharp Chula Vista Medical Center 22 Chula Vista Learning Community Charter Middle 22 South Bay Post Acute Care 23 Chula Vista Middle 23 St. Paul's Pace 24 Chula Vista Senior High 24 U.S. Renal Care Chula Vista Broadway Dialysis 25 Clear View 25 U.S. Renal Care Chula Vista Dialysis 26 Cook (Hazel Goes) Elementary 26 Veterans Home Of California - Chula Vista 27 Davila Day Transportation 28 Discovery Charter 1 Bayfront E St. Trolley Station 29 East Hills Academy 2 Bus Transit Facility 30 Eastlake Church Preschool/K 3 Chula Vista Transit 31 Eastlake Elementary 4 Community Hospital Of Chula Vista Heliport 32 Eastlake High 5 CVESD School Bus Corp Yard 33 Eastlake Middle 6 H St Trolley Station 34 Feaster (Mae L.) Charter 7 L Street Mts Trolley Station 35 Fifth Ave Academy 8 Mts Bus Maintenance Facility 36 Finney (Myrtle S.) Elementary 9 Palomar Street Trolley Station Page 635 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 39 Ma p ID Facility Name and Type Map ID Facility Name and Type 37 First United Methodist Christian School Wastewater 38 Halecrest Elementary 1 Wastewater Pump Station 39 Harborside Elementary 2 Wastewater Pump Station 40 Hawking S.T.E.A.M. Charter 3 Wastewater Pump Station 41 Hedenkamp (Anne And William) Elementary 4 Wastewater Pump Station 42 Heritage Elementary 5 Wastewater Pump Station 43 High Tech Elementary Chula Vista 6 Wastewater Pump Station 44 High Tech High Chula Vista 7 Wastewater Pump Station 45 High Tech Middle Chula Vista 8 Wastewater Pump Station - City Hall 46 Hilltop Drive Elementary 9 Wastewater Pump Station - Marina Park 47 Hilltop Middle 10 Wastewater Pump Station - Olympic Training Center 48 Hilltop Senior High 11 Wastewater Pump Station - Police Department 49 Howard Gardner Community Charter 12 Wastewater Pump Station - Rancho Robinwood Unit 2 50 Innovation High School San Diego 13 Wastewater Pump Station - Rancho Robinwood Unit 3 51 Kellogg (Karl H.) Elementary 14 Wastewater Pump Station - Salt Creek Park 52 Lauderbach (J. Calvin) Elementary 15 Wastewater Pump Station - Sports Complex 53 Learning Choice Academy - Chula Vista 16 Wastewater Pump Station - Tidelands 54 Leonardo Da Vinci Health Sciences Charter City Government 55 Liberty Elementary 1 Animal Shelter South 56 Loma Verde Elementary 2 Chula Vista Womens Club 57 Maac Community Charter 3 City Of Chula Vista-Administration 58 Marshall (Thurgood) Elementary 4 City Of Chula Vista-Public Works 59 Mater Dei Catholic High School 5 Civic Center Branch 60 Mater Dei Juan Diego Academy 6 Heritage Park Recreation Center 61 Mcmillin (Corky) Elementary 7 Loma Verde Park And Recreation Center 62 Mindful Montessori School 8 Memorial Park 63 Montessori American School 9 Montevalle Recreation Center 64 Montessori Explorer 10 Mount San Miguel Recreation Center 65 Montgomery (John J.) Elementary 11 Norman Park Senior Center 66 Montgomery Adult 12 Otay Ranch Branch 67 Montgomery Senior High 13 Otay Recreation Center 68 Mueller Charter (Robert L.) 14 Parkway Community Center 69 Muraoka (Saburo) Elementary 15 Salt Creek Recreation Center 70 National University-Chula Vista 16 South Chula Vista Branch 71 Ocean View Christian Academy 17 Veterans Recreation Center Page 636 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 40 Ma p ID Facility Name and Type Map ID Facility Name and Type 72 Olympian High County Government 73 Olympic View Elementary 1 Bonita-Sunnyside Branch 74 Options Secondary 2 County Of San Diego-Health Services 75 Otay Elementary 3 County Of San Diego-Probation Dept 76 Otay Ranch Senior High 4 South County Courthouse 77 Pacific Coast Christian Prep State Government 78 Pacific Springs Charter 1 Caltrans-Chula Vista Complex 79 Palomar Elementary 2 State Dept Of Motor Vehicles 80 Palomar High 3 State Of Calif-Employment Dev Dept 81 Parkview Elementary Federal Government 82 Pima Medical Institute 1 U.S. Post Office 83 Rancho Del Rey Middle 2 U S Border Patrol Headquarters 84 Rice (Lilian J.) Elementary 3 U.S. Post Office 85 Rogers (Greg) Elementary 4 U.S. Post Office 86 Rohr (Fred H.) Elementary 5 U.S. Post Office 87 Rosebank Elementary Fire 88 Salt Creek Elementary 1 Fire Station 1 89 South Bay Christian Academy 2 Fire Station 2 90 South Bay Christian Academy 3 Fire Station 3 91 Southwestern College 4 Fire Station 4 92 Special Education Preschool 5 Fire Station 5 93 St. John's Episcopal 6 Fire Station 6 94 St. Pius X 7 Fire Station 7 95 St. Rose Of Lima School 8 Fire Station 8 96 Sunnyside Elementary 9 Fire Station 9 97 Sweetwater High 10 Fire Station 10 98 Sweetwater Secondary 11 Fire Station 11 (Future) 99 Tiffany (Burton C.) Elementary 12 Fire Station 12 (Future) 100 United Education Institute-Chula Vista 13 Fire Station (Bonita-Sunnyside) 101 University Of Phoenix 14 Sd Fs 6 102 Valle Lindo Elementary Law Enforcement 103 Valley Vista Elementary 1 Chula Vista City Jail 104 Veterans Elementary 2 Chula Vista Police Station 105 Victory Christian Academy 3 National City Police 106 Victory Christian Academy 4 South Bay Detention Facility 107 Vista Square Elementary 108 Wolf Canyon Elementary Source: City of Chula Vista Page 637 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 41 Figure 14: Critical Facilities Map A Page 638 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 42 Figure 15: Critical Facilities Map B Page 639 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 43 2.6. Drought Drought is defined as an extremely dry climatic period where the available water falls below a statistical average for a region. Drought is also defined by factors other than rainfall, including vegetation conditions, agricultural productivity, soil moisture, water levels in reservoirs, and streamflow. Droughts or water shortages are a gradual phenomenon, occurring over multiyear periods and increasing with the length of dry conditions. When precipitation is less than normal for a period of time, the flow of streams and rivers declines, water levels in lakes and reservoirs fall, and the depth to water in wells increases. If dry weather persists and water supply problems develop, the dry period can become a drought. The term "drought" can have different meanings depending on how a water deficiency affects day-to-day activities. Drought is a complex natural hazard, which is reflected in the following four definitions commonly used to describe it: • Agricultural – Agricultural drought is defined principally in terms of naturally occurring soil moisture deficiencies relative to water demands of plant life, usually arid crops. • Hydrological – Hydrological drought is related to the effects of precipitation shortfalls on stream flows and reservoir, lake, and groundwater levels. • Meteorological – Meteorological drought is defined solely on the degree of dryness, expressed as a departure of actual precipitation from an expected average or normal amount based on monthly, seasonal, or annual time scales. • Regulatory (or socioeconomic) – Regulatory drought can occur when the availability of water is reduced due to the imposition of regulatory restrictions on the diversion and export of water out of a watershed to another area. Although the climate is a primary contributor to hydrological drought, other factors such as changes in land use (i.e., deforestation), land degradation, and the construction of dams can affect the hydrological characteristics of a region. Because regions are geographically interconnected by natural systems, the impact of meteorological drought may extend well beyond the borders of the precipitation-deficient area. Changes in land use upstream may alter hydrologic characteristics such as infiltration and runoff rates, resulting in more variable streamflow and a higher incidence of hydrologic drought downstream. Land use change is one way that human actions can alter the frequency of water shortage even when no change in precipitation has been observed. Droughts cause public health and safety impacts, as well as economic and environmental impacts. Public health and safety impacts are primarily associated with catastrophic wildfire risks and drinking water shortage risks for small water systems in rural areas and private residential wells. Examples of other impacts include costs to homeowners due to loss of residential landscaping, degradation of urban environments due to loss of landscaping, agricultural land fallowing, and associated job loss, degradation of fishery habitat, and tree mortality with damage to forest ecosystems. Drought conditions can also result in damage to older infrastructure that is located within dry soils with the potential to leak or break. Dead or dying vegetation poses a risk of falling and damaging structures and infrastructure systems. Climate change may increase vulnerability to droughts. Water conservation and water supply management efforts would help ensure the City is prepared in the event of a long-term drought. The City Page 640 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 44 could implement conservation efforts but these efforts do not guarantee a reserve supply of water for the City during drought periods. 2.6.1. Drought Severity Drought severity depends on numerous factors, including duration, intensity, and geographic extent, as well as regional water supply demands by humans, animals, and vegetation. The severity of drought can be aggravated by other climatic factors, such as prolonged high winds and low relative humidity. The magnitude of drought is usually measured in time and the severity of the hydrologic deficit. The US Drought Monitor is a map released weekly that indicates the portions of the United States that are experiencing drought and the severity of the drought based on five classifications: abnormally dry (D0), showing areas that may be going into or are coming out of drought, and four levels of drought: moderate (D1), severe (D2), extreme (D3), and exceptional (D4) (refer to Table 5). The Drought Monitor is not a forecast but looks backward, providing a weekly assessment of drought conditions based on how much precipitation did or did not fall. Because drought is a slow-moving hazard, it may take more than one good rainfall to end a drought, especially if an area has been in drought for a long time. Table 5: Drought Severity Classification Category Description Possible Impacts D0 Abnormally Dry Going into drought: short-term dryness slowing planting, growth of crops or pastures. Coming out of drought: some lingering water deficits; pastures or crops not fully recovered. D1 Moderate Drought Some damage to crops, pastures, streams, reservoirs, or wells is low. Some water shortages are developing or imminent; voluntary water-use restrictions are requested. D2 Severe Drought Crop or pasture losses likely; water shortages common; water restrictions imposed. D3 Extreme Drought Major crop/pasture losses; widespread water shortages or restrictions. D4 Exceptional Drought Exceptional and widespread crop/pasture losses; shortages of water in reservoirs, streams, and wells create water emergencies. Source: US Drought Monitor, Drought Classification, https://droughtmonitor.unl.edu/About/AbouttheData/DroughtClassification.aspx. Based on a map released on September 21, 2023, 93.53 percent of California is not in drought compared to 0 percent at this same time last year. None of the areas are in the D2 to D4 categories compared to 94 percent a year ago. Only 6.5 percent fall into in the D0 and D1 categories (see Figure 16).11 11 US Drought Monitor accessed September 25, 2023, https://droughtmonitor.unl.edu/CurrentMap/StateDroughtMonitor.aspx?CA. Page 641 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 45 Figure 16: California Drought Map Week Date None D0 D1 D2 D3 D4 Current 2023-09- 19 93.53 6.23 0.24 0.00 0.00 0.00 3 Months Ago to Current 2023-06- 20 72.32 23.05 4.63 0.00 0.00 0.00 Start of Calendar Year to Current 2022-12- 27 0.00 2.06 17.38 45.06 28.33 7.16 One Year Ago to Current 2022-09- 20 0.00 0.24 5.70 53.15 24.34 16.57 Page 642 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 46 Droughts in California are regional events. In a drought, all areas of Chula Vista will be affected. According to the US Drought Monitor, there is no extreme (D3) or exceptional drought (D4) in California. California has not seen D1/D0 only conditions since March 2020. California experienced 31 atmospheric rivers in water year (WY) 2023 through March, which delivered between 1.5 to 2 WYs' worth of precipitation in much of the state. The region has been extremely cool this WY, and in particular, much of the region in the last three months from the date of this writing, experienced temperatures 3–9 degrees below normal. This has helped to maintain the snowpack. The precipitation from December 2022 to March 2023 alleviated much of the precipitation deficit in the California central and south coast region. 2.6.2. California Drought History Drought has affected virtually every county in California, and California has experienced numerous severe droughts over the past century. FEMA declared one drought emergency for California in January 1977, and other drought emergency declarations have been declared by the state.12 According to the 2018 State Hazard Mitigation Plan, from 1972 to 2016, there were fifteen drought state emergency proclamations in California.13 The most severe drought on record began in 2012 and continued through 2017. On January 17, 2014, the governor of California declared a state drought emergency, and on April 1, 2015, the governor announced the first-ever mandatory 25 percent statewide water use reduction and a series of actions to help save water, increase enforcement to prevent wasteful water use, streamline the state's drought response, and invest in new technologies that would make California more drought resilient. At the time of the announcement, the volume of the Sierra Nevada snowpack was approximately 14 percent of normal. Despite multiple storms in February 2014, drought conditions persisted. By the end of May 2014, all of California was in a condition of "extreme" or "exceptional" drought. At the same time, the volume of the Sierra Nevada snowpack had decreased to less than 10 percent of normal, and water stored in Lake Oroville, the major reservoir for the State Water Project, was at 58 percent of normal.14 On April 7, 2017, the governor issued an executive order ending the drought emergency in most of California, including San Diego County. Table 6: Historical Droughts Date Area Affected Notes 1827–1916 Statewide Multiyear: 1827–29, 1843–44, 1856–57, 1863–64 (particularly extreme), 1887–88, 1897–1900, 1912–13. 1917–21 Statewide, except for the central Sierra Nevada and north coast Simultaneous in affected areas, 1919–20. Most extreme in the north. 1922–26 Statewide, except for the central Sierra Nevada Simultaneous in effect for the entire state only during 1924, which was particularly severe. 12 Federal Emergency Management Agency, Disaster Declarations, accessed March 15, 2022, https://www.fema.gov/disaster/3023. 13 California Governor’s Office of Emergency Services, 2018 California State Hazard Mitigation Plan, 2018, https://www.caloes.ca.gov/wp- content/uploads/002-2018-SHMP_FINAL_ENTIRE-PLAN.pdf. 14 California Department of Water Resources, California’s Most Significant Droughts: Comparing Historical and Recent Conditions, 2015. Page 643 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 47 Date Area Affected Notes 1928–37 Statewide Simultaneously in effect for the entire state, 1929–34. Longest in the state's history. 1943–51 Statewide Simultaneously in effect for the entire state, 1947–49. Most extreme in the south. 1959–62 Statewide Most extreme in the Sierra Nevada and the central coast. 1976–77 Statewide, except for southwestern deserts Driest 2 years in the state's history. Most severe in the northern two-thirds of the state. 1987–92 Statewide Moderate, continuing through 1989. Most extreme in the northern Sierra Nevada. 2000–02 Statewide Most severe in Southern California. 2007–09 Statewide Twelfth driest 3-year period on record at the time. Most severe in western San Joaquin Valley. 2012–17 Statewide Most severe California drought on record. 2021–present Statewide 2021 became the second driest year on record. The drought emergency expanded statewide as of October 2021. Sources: Paulson, R. W., E. B. Chase, R. S. Roberts, and D. W. Moody, Compilers, National Water Summary 1988-89: Hydrologic Events and Floods and Droughts: US Geological Survey Water-Supply Paper. California Department of Water Resources, California's Most Significant Droughts: Comparing Historical and Recent Conditions, 2015. 2.6.3. Water Supply Chula Vista residents receive their water supply for both drinking and emergency from three water districts, depending on their specific location within the City. The primary water agencies serving different parts of Chula Vista are: • Sweetwater Authority: Sweetwater Authority is the primary water agency that serves a significant portion of Chula Vista. It provides water to the western and central areas of the City, including much of the residential and commercial areas. Due to the lack of significant undeveloped land area within the boundaries of the Sweetwater Authority's service area, future increases in the demand for potable water will be associated with infill development and redevelopment projects. Water delivered to Sweetwater Authority consumers is obtained from a variety of sources. Approximately 70 percent of its water is from local water supplies, including the Sweetwater River and the San Diego Groundwater Formation. The remainder is obtained from imported water sources such as groundwater wells, local reservoirs, and imported water San Diego County Water Authority (CWA). • Otay Water District: The Otay Water District serves the eastern parts of Chula Vista, including areas near the Otay Lakes and eastern neighborhoods. It provides water to residents and businesses in this part of the City. Otay Water District also currently has one of the largest recycled water distribution systems in San Diego County. Water is recycled at the South Bay Water Reclamation Plant located in San Ysidro. All potable water comes from imported sources purchased from the San Diego CWA. • California-American Water: Certain parts of western Chula Vista receive water service from the California-American Water Company. Areas served by the Cal-American Water Company are presently built out and significant growth in water demand is not anticipated. Page 644 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 48 Figure 17: California American Water Service Area Map Page 645 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 49 The San Diego CWA generally imports 75–95 percent of this water from the Metropolitan Water District (MWD) of Southern California. Water imported to the region comes from two primary sources: the Colorado River, through the 240-mile Colorado River Aqueduct; and the State Water Project from Northern California, through the Sacramento-San Joaquin River Delta and the 444-mile California Aqueduct. These sources deliver water to the MWD, which then distributes water supplies to districts throughout the Southern California region, including the San Diego CWA. The CWA is composed of 23- member water agencies and water districts, including two that serve Chula Vista: the Otay Water District and Sweetwater Authority. A third water agency, Cal-American, also provides water to a small portion of the Chula Vista planning area but is not a member of the CWA. The three districts vary in size and age of infrastructure but are all expected to conform to the same quality and service standards established by the California Department of Public Health and the federal Clean Water Act. In addition to providing water supplies, these agencies provide emergency storage systems and implement conservation efforts. The California Water Code requires all urban water suppliers within the state to prepare urban water management plan(s) and update them every five years, in years ending in five or zero. The plans are to identify supply and demand, infrastructure, and funding. In accordance with state law, the CWA updated its Urban Water Management Plan (UWMP) in 2020. The 2020 UWMP identifies a diverse mix of water resources planned to be developed over the next 25 years to ensure that the region has enough water to meet its needs, including during drought periods. Chula Vista has adopted a landscape water conservation ordinance as required by state law and the California Department of Water Resources’ Water Efficient Landscape Ordinance. In addition, the City's Landscape Manual requires the use of recycled water to irrigate landscaped areas of residential, commercial, and industrial developments, as well as schools, parks, and golf courses, where recycled water is available. 2.7. Hazardous Materials A "hazardous material" is defined by California Health and Safety Code Section 25501 as "any material that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment." Improper handling of hazardous materials or waste may result in significant impacts on human health and the environment. Hazardous materials can be in the form of explosives, flammable and combustible substances, poisons, and radioactive materials. Hazardous materials accidents can occur during production, storage, transportation, use, or disposal. The impacts of a hazardous materials release can vary, depending on the type and amount of material released. Hazardous materials exposure can include the following effects: skin/eye irritation; difficulty breathing; headaches; nausea; behavior abnormalities; cancer; genetic mutations; physiological malfunctions (i.e., reproductive impairment, kidney failure); physical deformations; or birth defects. Many businesses and residents in the City use hazardous materials and generate some amount of hazardous waste. Common hazardous waste is generated from gasoline service stations, dry cleaners, automotive mechanics, auto body repair shops, machine shops, printers, photo processors, and agriculture. Page 646 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 50 2.7.1. Hazardous Materials Incidents Potential threats from hazardous materials exist where they are manufactured, stored, transported, or used due to the risk of spill and exposure to hazardous materials. The magnitude and severity of the hazard would be highly dependent on the type of spill, location, and the extent to which hazardous materials enter the water system. Hazardous materials can be flammable, radioactive, infectious, corrosive, toxic/poisonous, or otherwise reactive. Heavy rains or winds could spread hazardous materials over a larger geographical area and create challenging cleanup conditions. Hazardous materials are used in virtually every manufacturing operation by retailers, service industries, and homeowners in the City of Chula Vista. Operations known to handle hazardous materials in the City include gas stations, dry cleaners, medical facilities, commercial/retail businesses, and roadway and railway transportation. Most hazardous materials operations are small-scale and pose a minimal risk; however, commercial transportation of hazardous materials via roadway or railway would potentially have significant impacts on the City during an incident, given the volumes of hazardous materials being transported. 2.7.2. Transportation of Hazardous Materials Transportation of hazardous materials/wastes is regulated by the California Code of Regulations Title 26. The US Department of Transportation (DOT) is the primary regulatory authority for the interstate transport of hazardous materials. The DOT establishes regulations for safe handling procedures (i.e., packaging, marking, labeling, and routing). Criteria also exist regarding personnel qualifications and training, inspection requirements, and equipment specifications. The California Highway Patrol (CHP) enforces regulations related to the intrastate transport of hazardous materials and hazardous wastes. The CHP and the California Department of Transportation (Caltrans) enforce federal and state regulations and respond to hazardous materials transportation emergencies. 2.7.3. Hazardous Materials Sites The State Water Resources Control Board (SWRCB) maintains a data management system called GeoTracker. Sites identified by GeoTracker are sites that impact or have the potential to impact water quality in jurisdictions statewide. These sites are required for cleanups, such as leaking underground storage tank (LUST) sites, Department of Defense sites, and cleanup program sites. GeoTracker also contains records for various unregulated projects as well as permitted facilities, including irrigated lands, oil and gas production, operating permitted underground storage tanks, and land disposal sites. A search of federal, state, and local databases identified numerous known and potentially contaminated sites within and immediately adjacent to Chula Vista. Known and potentially contaminated sites in Chula Vista are primarily associated with unauthorized releases of oil and hazardous substances (e.g., LUSTs); former solid and hazardous waste disposal and transfer sites; use, storage, and transport of hazardous materials; and hazardous waste generation. As identified by the SWRCB, 267 sites have been cleaned up in Chula Vista. In 2023, 27 sites were shown to have ongoing activities related to the previously known or suspected release of hazardous materials to soil and groundwater in Chula Vista. These sites and their statuses are identified in Figure 18 and Table 7. Page 647 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 51 In addition, EnviroStor is the Department of Toxic Substances Control's data management system for tracking cleanup, permitting, enforcement, and investigation efforts at hazardous waste facilities and sites with known contamination or sites where there may be reasons to investigate further. Of the 62 sites identified since 1990, 6 are active. These sites and their statuses are identified in Figure 18 and Table 7. Table 7: Hazardous Materials Sites # Facility Address Status Site Type State Water Resources Control Board GeoTracker 1 442 Tremont Street (Drug Lab) 442 Tremont Street Open - Site Assessment Cleanup Program Site 2 517 Shinohara Lane 517 Shinohara Lane Open - Site Assessment Cleanup Program Site 3 821 Main Street 821 Main Street Open - Site Assessment Cleanup Program Site 4 A & P Drive Thru Cleaners 48 Broadway Open - Inactive Cleanup Program Site 5 Chula Vista Bayfront Master Plan Development - Cvbd - Pacifica Exchange Parcels (H-13, H-14, H-15, Hp-5) Marina Parkway Open - Remediation - Land Use Restrictions Cleanup Program Site 6 Chula Vista Bayfront Master Plan Development - South Bay Power Plant San Diego Bay Open - Inactive Cleanup Program Site 7 Chula Vista General Plan Site 1-A 789 E Street Open - Site Assessment Cleanup Program Site 8 Chula Vista Mixed Use (Sear's Center) 565 Broadway Open - Site Assessment Cleanup Program Site 9 Crown Chemical Corp 1888 Nirvana Av Open - Remediation Cleanup Program Site 10 El Super 765 Palomar Street Open - Site Assessment Cleanup Program Site 11 Eldorado Cleaners & Laundry 648 E St Open - Remediation Cleanup Program Site 12 Goodrich Aerostructures / Rohr - Goodrich Aerostructures - North Campus - Eastern Parcel A 850 Lagoon Drive Open - Site Assessment Cleanup Program Site 13 Goodrich Aerostructures / Rohr - Goodrich Aerostructures - South Campus 850 Lagoon Drive Open - Remediation Cleanup Program Site 14 Gunpowder Point 0 Gunpowder Point Drive Open - Inactive Cleanup Program Site 15 Homefed Village III Master, Llc 0 Heritage Road Open - Site Assessment Cleanup Program Site 16 Moss & Industrial 676 Moss Street Open - Site Assessment Cleanup Program Site 17 Optima Car Wash 498 Broadway Open - Site Assessment Lust Cleanup Site 18 Private Property 1402-1418 Broadway Open - Site Assessment Cleanup Program Site 19 Proposed Wash N Go 495 Telegraph Canyon Open - Site Assessment Cleanup Program Site Page 648 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 52 # Facility Address Status Site Type 20 Sediment Off Former Shangrila Site 980 Lagoon Drive Open - Inactive Cleanup Program Site 21 Speedy Clean Chula Vista 1327 3rd Avenue Open - Inactive Cleanup Program Site 22 Summit Equipment Rentals 128 Mace Street Open - Site Assessment Cleanup Program Site 23 Supreme Gasoline 196 Broadway Open - Site Assessment Cleanup Program Site 24 Sweetwater Marsh 0 2300 North Of E Street Open - Site Assessment Cleanup Program Site 25 The Marine Group, Llc 997 G Street Open - Inactive Cleanup Program Site 26 Tires 4 Less 77 Broadway Open - Site Assessment Lust Cleanup Site 27 Xtreme Car Wash 1264 Third Avenue Open - Site Assessment Cleanup Program Site Department of Toxic Substance Control EnviroStor 1 E Street Plaza Shopping Center 640-692 E Street Active Tiered Permit 2 Otay Ranch Village III - Lots 826, 827 & Parcel 2 Heritage Road Active Voluntary Cleanup 3 Otay River Mitigation Bank 000 No Address Active Voluntary Cleanup 4 Proposed Otay Ranch Village 3 (School No. 47) School Site Camino Prado Active School Cleanup 5 Proposed Otay Ranch Village II S-2 School Site Santa Liza Avenue Active Voluntary Cleanup 6 San Diego Gas & Electric, South Bay Power Plant 990 Bay Boulevard Active Voluntary Cleanup Source: State Water Resources Control Board GeoTracker, accessed September 15, 2023, Https://Geotracker.Waterboards.Ca.Gov/Map/?Global_Id=Sl0601331885; Department of Toxic Substance Control, Envirostor, accessed September 15, 2023, https://www.envirostor.dtsc.ca.gov/public/search?basic=True. 2.7.3.1. Siting Hazardous Waste Facilities Products as diverse as gasoline, paint, solvents, film-processing chemicals, household cleaning products, refrigerants, and radioactive substances are categorized as hazardous materials. After use, or processing, hazardous materials that remain are considered hazardous waste. Nearly all industry and businesses in Chula Vista generate some amount of hazardous waste. Hazardous waste is of concern in light of potential adverse public health and safety and environmental impacts that can result from the improper handling and disposal of such materials. Therefore, the appropriate siting of hazardous waste storage, collection, treatment, disposal and transfer facilities is important. Also important is the siting of such facilities in relatively close proximity to generation sources in order to facilitate proper and efficient disposal of hazardous waste and to reduce the transport of hazardous waste within the City. State law requires the mapping of “general areas” within which hazardous waste facilities might be established. Proposed hazardous waste facilities will be considered only if they are within the industrial zoned general areas and meet specific siting, design, and operating criteria as established by the Chula Vista Zoning Code, and pursuant to siting criteria guidelines established by the City. Page 649 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 53 2.7.3.2. Siting and Managing Facilities The use, storage, and handling of hazardous materials and waste within Chula Vista are rigorously controlled by federal, state, and local regulations. The City uses a variety of tools to regulate facilities that use, store, and handle hazardous materials and waste in order to ensure compatibility with existing and planned surrounding land uses. The primary tools utilized by the City are zoning regulations, environmental review of proposed developments in accordance with the California Environmental Quality Act, and the issuance of business licenses. As development and redevelopment in Chula Vista continue, the potential exists for facilities that use, store, and handle hazardous materials and waste to be sited in locations where such activities may be incompatible with existing and planned surrounding land uses. Through the use of appropriate tools, the City will ensure that facilities using, storing, and handling hazardous materials and waste will be appropriately sited and that the operation of such facilities will be regulated such that significant adverse effects to surrounding land uses will be avoided. Page 650 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 54 Figure 18: Hazardous Materials Sites Page 651 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 55 2.7.4. Household Hazardous Waste Program Chula Vista's household hazardous waste (HHW) program, designed to provide a means to safely collect, recycle, treat, and dispose of HHW, was implemented in 1997. Public education and awareness programs, including programs for school-aged children, support the recycling program and contribute to high participation rates. HHW includes used motor oil; latex and oil-based paints; used antifreeze; cleaning products; aerosol containers; dry cell and automotive batteries; pesticides and garden chemicals; and solvents. HHW generated by Chula Vista residents cannot be disposed of at the local and regional landfills serving the City and is, therefore, handled separately from non-hazardous solid waste. Chula Vista's current HHW program includes a temporary storage facility located at the City's John Lippitt Public Works Center on Maxwell Road. This facility was designed as a regional facility to accommodate waste from the South Bay area, including areas outside the City limits. The majority of the HHW collected at the City's facility is reused or recycled and thus diverted from landfill disposal. In addition to the City's HHW facility, the City provides free used motor oil and oil filter recycling through its hazardous waste collection. The City-has also advertised a pharmaceutical waste disposal sites, with location at the police department and various pharmacies. Source reduction, a form of diversion, is promoted through public education on alternatives to toxic products. In the absence of convenient and affordable HHW collection facilities and sufficient public education, the extent of improper HHW disposal would likely be great. The adverse impacts of improper HHW disposal to the environment and to public health and safety warrant significant efforts to facilitate proper disposal. Public education on alternatives to toxic products can yield a reduction of HHW sources and, in turn, a reduction in HHW generation; therefore, such efforts are also warranted. 2.8. Emergency Planning/Response Emergency planning and disaster response are key components in addressing the City's vulnerability to natural and human-caused hazards. A well-developed emergency planning strategy ensures that, in the event of a significant hazard event, the City of Chula Vista is prepared to efficiently respond and maintain the safety and well-being of its residents, buildings, infrastructure, and critical facilities. 2.8.1. Emergency Operations Plan The City of Chula Vista Emergency Operations Plan (EOP) was developed in accordance with following recommended guidance from the Federal Emergency Management Agency’s (FEMA) Comprehensive Preparedness Guide 101 Version 2.0. The EOP addresses the emergency response functions of local government departments, public officials, and other public and private organizations during emergencies/disasters. The plan was developed through a collaborative effort of City departments, including public safety agencies such as fire, law enforcement, and public works. These organizations play a vital role in responding to emergencies. The EOP applies to all persons participating in protection, prevention, mitigation, preparedness, response, and recovery efforts within the City. Furthermore, all stakeholders are encouraged to maintain their own procedures and actively participate in the training, exercises, and maintenance needed to support this plan. Page 652 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 56 The City of Chula Vista EOP is based on the County of San Diego Operational Area Emergency Operations Plan (OA EOP). It is designed to meet the needs of the City with respect to organizational structure and identified hazards. 2.8.2. Emergency Preparedness Program State regulations establish the Standardized Emergency Management System (SEMS). The system includes requirements for incident command systems; multi-agency coordination systems; mutual aid agreements; and the “operational area” concept. As an agency (municipality) with emergency response capability within the state, Chula Vista is required to use the SEMS system. Chula Vista provides for the preparation and execution of plans for the protection of persons and property within the City in the event of an emergency (Chula Vista Municipal Code, Chapter 2.14, Emergency Organization Department). The code requires coordination of the emergency functions of the City with other public agencies, corporations, and organizations. Federal law (Disaster Management Act 2000) requires that, in order to remain eligible for post-disaster FEMA funding, every jurisdiction in the United States must have an approved Hazard Mitigation Plan (HAZMIT plan) to address the management of, and response to, emergency situations. In addition, to be eligible for pre-disaster FEMA funding for use in hazard mitigation, each jurisdiction's approved HAZMIT plan must include the planned uses of those funds. The County of San Diego adopted its MJHMP in 2023, which included the City of Chula Vista. The plan was submitted to FEMA for approval in compliance with federal law. General Plan policies and standards tie new development and redevelopment to the provision of adequate public facilities and services, including police and fire protection. Due to the rolling terrain and varied topography, some new developments have winding streets and irregular layouts instead of the grid pattern found in older, traditional neighborhoods. Some design characteristics, such as narrow street widths, aim to create walkable communities, serve to establish an overall neighborly atmosphere, and tend to reduce traffic speeds. In mixed-use neighborhoods, density increases may result in taller buildings. The evolving urban form and the cumulative increase in development will affect emergency service response times as well as the equipment, facilities, and personnel needed for fire and police services. Crime Prevention Through Environmental Design (CPTED) is a method of incorporating design techniques into projects to help reduce the potential for crime. CPTED is used in the development of parks; residential and commercial projects; schools; transit stations; and parking lots to reduce the number of calls for service. The reduced call volume may favorably impact response times. CPTED includes the use of four primary strategies: • Providing natural access control into areas; • Improving natural surveillance (i.e., increasing “eyes on the street”); • Maintaining and managing a property to reduce crime and disorder; and • Using territorial reinforcement to distinguish private space from public space. Page 653 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 57 2.8.2.1. Emergency Response Program A Citywide emergency response program provides the framework for responding to any type of emergency or disaster that might occur in Chula Vista. Accomplishing efficient emergency response involves coordination with other agencies regarding disaster preparedness; preparation and regular updates of the emergency operations plan; education of residents and businesses about the plan and about evacuation routes; and periodic training of City staff and other emergency response staff to effectively implement the plan. 2.8.2.2. Post-Emergency Response In the event of disasters and emergencies, a swift and efficient response minimizes injuries, casualties, and property damage. Planning post-disaster operations ensures the safety, health, and welfare of residents by allowing critical operations to continue as expeditiously and efficiently as possible following a catastrophic event. The post-disaster analysis will help the City improve safety plans and responses. 2.8.2.3. Exposure Control Plan Chula Vista Fire Department is updating the 2023 Exposure Control plan, which complies with Title 8, California Code of Regulations, Section 5193: Bloodborne Pathogens; Section 5199: Aerosol Transmissible Disease; Cal OSHA Tuberculosis Control Enforcement Guidelines and any such subsequent code or regulations aimed at reducing occupational exposure to potentially communicable pathogens. This plan: • Outlines and summarizes the requirements of the cited standards. • Evaluates routine tasks and procedures in the workplace that involves exposure to bloodborne, airborne and OPIM, identifies workers performing such tasks and uses a variety of methods to reduce risks. • Establishes field guidelines for pre-hospital care personnel, outline engineering and work practice controls, personal protective equipment, housekeeping procedures, and post-exposure evaluations to comply with the standard and communicate hazards to applicable personnel and assist in minimizing the risk of being exposed, contracting and/or spreading communicable disease. • Establishes guidelines for the management of fire department personnel, who in the line of duty, may be exposed to or contract a communicable disease. • Informs emergency responders of the risks of occupational exposure to blood/airborne pathogens and aerosol-transmissible diseases and how to reduce those risks. 2.8.3. Public Safety Services In the City of Chula Vista, fire protection and emergency medical services are provided by the Chula Vista Fire Department, and law enforcement services are provided by the Chula Vista Police Department. Fire stations are dispersed throughout the City, while police facilities are centered in headquarters in downtown Chula Vista. The current Fire Station Master Plan calls for 11 fire stations. The number and location of future fire stations, along with how they are equipped, may change. The City is currently developing the Bayfront property, which will call for the development of an additional fire station (number 12). Page 654 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 58 To maintain a high level of dependable, competent fire protection and emergency medical services for the City, several strategies will continue to be employed. The City will continue to use a growth-related service standard to help determine if public safety is adequately protected. Fire Department staffing and equipment will continue to be expanded, as needed, to meet the service standard and to minimize hazards to the firefighters and public, in conformance with changes to the updated Fire Station Master Plan. The Fire Department will continue to enhance its capabilities and staffing through mutual aid agreements with fire departments in the surrounding communities. Similar strategies also facilitate the provision of law enforcement services that meet the City's needs. The department will continue to monitor calls for service, analyze crime statistics and resident survey data, and make changes in staffing and patrols to reflect the growing community's needs. Effective fire protection and emergency medical and law enforcement services require two -way relationships with the community. Staff must understand the unique needs and conditions in the community and the community must lend support to the various programs and efforts of the Police Department and Fire Department. The City encourages active participation by Fire and Police Departments in all facets of community life, including involvement in area business and senior/youth activities. 2.8.3.1. Keeping Pace with Growth The City of Chula Vista has experienced significant residential growth over the last decade. The majority of new growth has occurred in the east, where continued relatively high growth is expected in the coming years, along with density increases in the west. Fire protection, emergency medical services, and police services will need to expand to match the demand brought on by this anticipated growth. While fire stations are located throughout the City, the Police Department maintains one police headquarters, located in the western portion of the City. If appropriate, the department could establish satellite storefront offices to provide a presence in other neighborhoods. 2.8.4. Evacuation Routes In the event of a significant emergency, clear routes are needed to ensure that emergency responders and supplies can be transported and that community members can be evacuated. Evacuation efforts depend on the severity and type of hazard incident that is occurring. In some cases, people may have a day or two to prepare, while other situations might call for an immediate evacuation. Evacuation routes include major roadways and thoroughfares intended to transport people from areas impacted by hazardous events to areas of safety. There may be occasions when a limited-scale evacuation is the appropriate response to an emergency situation. Under these circumstances, people should be evacuated to neighborhood and community schools, hospitals, and public facilities, where they could receive adequate care and treatment. In the event of a major disaster, where a large part of the City may require evacuation, the following circulation routes may be used and are depicted in Figure 19: • Interstate 5; Interstate 805; State Route 54; and State Route 125 • E, H, J and L Streets; Bonita Road; Telegraph Canyon Road; Olympic Parkway • Naples, Palomar and Main Streets; Orange Avenue Page 655 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 59 • Broadway; Fourth Avenue; Hilltop Drive; Oleander Avenue; Third Avenue; Melrose Avenue; Otay Lakes Road; and Heritage Road Evacuation routes effectively include all improved (paved) roads within the City. Unpaved roads may be used in an evacuation as a last resort but should not be relied on as a primary evacuation route. Local streets typically serve as direct access for adjacent residential and commercial development and while they are not designed to accommodate high traffic volumes, they serve limited development areas and are rarely required to handle traffic flows that would exceed their capacities, even under full evacuation conditions. For the purposes of evacuation planning, the designated evacuation route street network includes roadways that are classified as collectors and above including the following: 1. Freeways/Highways 2. Major Roadways 3. Gateway Streets 4. Urban Arterials 5. Commercial Boulevard 6. Neighborhood & Local Streets (in select areas) Designated evacuation routes are the most reliable roadway facilities for the following reasons: • These roads are designed to accommodate higher volumes of traffic in-line with their classifications. • Access controls are more stringent on roads of higher classification. • Intersection controls are designed to prioritize travel on roads of higher classification. • Roadway maintenance policies prioritize roads of higher classification. Primary evacuation routes are identified in Figure 19. Note that evacuation routes shown are to gateway exit points located at or near the City boundary. In addition, SR-125 is identified as an important evacuation route, and while it is a toll road under emergency evacuation conditions it is presumed the evacuees would be able to access the highway without penalty or fees. Evacuation route vulnerability can be expressed from several perspectives. The most direct expression of route vulnerability deals with physical features along an evacuation route that can be damaged during emergency scenarios and cause the evacuation route to be disrupted and unusable. These physical features include: • Bridges (over rivers, creeks, and other drainage features) • Bridges (creating grade separated roadways) • Low points along the route that are prone to flooding • Route locations along steep natural slopes that are prone to landslides Page 656 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 60 Figure 19: Evacuation Routes Map Page 657 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 61 Figure 20 depicts physical features such as bridge structures along primary evacuation routes that may impede an evacuation if damaged at the time of an emergency which require an evacuation. The Vulnerability Assessment (separate cover) summarizes all of the critical facilities throughout. Evacuation route vulnerability can also be expressed in terms of vulnerability to residents where development areas are isolated and/or areas that have access to only one evacuation route. These areas are a concern and require additional advanced planning to address emergency scenarios where an evacuation is needed, and the single evacuation route may be blocked or damaged and cannot be used. Also shown in Figure 20 are those residential development areas (neighborhoods) that have only one access point to a primary evacuation route. These neighborhoods were identified after a thorough review of various City-wide maps and aerial photographs and include residential developments that may be access constrained during an evacuation. If a neighborhood takes direct access to another roadway and that roadway funnels to more than one designated evacuation route, it would not be considered vulnerable. Similarly, if a neighborhood does take direct access to a designated evacuation route with only one way in and out, this would be considered a vulnerable neighborhood. In an evacuation scenario, these neighborhoods could be exposed to an increased risk due to the lack of multiple egress opportunities and should be given earlier evacuation consideration. Page 658 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 62 Figure 20: Evacuation Route Vulnerable Neighborhoods Page 659 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 63 Page 660 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 64 Goal SE 1.0: Minimize the potential for loss of life, injury, damage to property, economic and social dislocation, and unusual public expense due to natural hazards. Flooding and Erosion Policy SE 1.1: Require appropriate measures to control and minimize the impact of flooding and erosion. Action SE 1.1.1 Mandate site-specific hydrological studies for new developments and major renovations in 100 and 500-year floodplain areas and prohibit development in these areas unless sufficient evidence shows no adverse impact on proposed projects or surrounding properties. Action SE 1.1.2 Wherever feasible, remove or relocate existing structures that are determined to be unsafe from flood hazards. Seismic Activity and Geologic Instability Policy SE 1.2: Ensure that all geologic hazards are adequately addressed and mitigated through project development. Action SE 1.2.1 Require site-specific geotechnical investigations for proposed projects within areas subject to potential geologic hazards (e.g., liquefaction, landslide, mudslide, erosion, sedimentation, hydromodification, and settlement) and ensure implementation of all measures deemed necessary by the City Engineer and/or Building Official to avoid or adequately mitigate such hazards. Action SE 1.2.2 Make the geological hazards map readily available on the website either by providing links to reliable data sources such as the California Geological Survey or by updating the geologic hazards map with new information provided by geotechnical studies. Action SE 1.2.3 Ensure during the project design and review process that existing modifications and new structures are designed to protect people and property from seismic hazards. Policy SE 1.3: Address safety issues related to unreinforced masonry buildings and promote the strengthening of these buildings and structures, where appropriate. Action SE 1.3.1 Explore funding sources to create an inventory of unreinforced masonry structures in the City that may collapse in the event of an earthquake and develop a hazard reduction program for their rehabilitation or removal. Action SE 1.3.2 Wherever feasible, remove or relocate the structures determined to be unsafe from geologic hazards. Page 661 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 65 Wildfire Policy SE 1.4: Ensure that the City is well-equipped to reduce the risk of wildfire and its aftereffects. Action SE 1.4.1 Continue to adequately equip and staff the Fire Department, including fire suppression equipment and fire engines, to ensure that established service standards for emergency calls are met. Action SE 1.4.2 Continue to upgrade fire and emergency medical equipment, as required, to protect the public from hazards and to ensure the safety of firefighters. Pursue funding for the same when Measure P expires in 2027. Action SE 1.4.3 Support an update to the Fire Station Master Plan as necessary to ensure that the City has an adequate number of fire stations as new development takes place and existing facilities are renovated, as necessary. Action SE 1.4.4 Review and revise development impact fees as necessary for new development projects for their contribution toward fire protection services. Action SE 1.4.5 Explore opportunities to provide access to two or more evacuation routes for existing and future residential developments with densities of more than 30 units per acre. Action SE 1.4.6 Implement brush management programs that are consistent with the Chula Vista MSCP Subarea Plan and the City's Urban-Wildland Interface Code, within urban development and open space interface areas to reduce potential wildland fire hazards. Brush management guidelines within the MSCP Subarea Plan and the Urban-Wildland Interface Code shall include limits and measures to prevent increased risk of erosion. Policy SE 1.5: Incorporate fire-safe design for existing and new developments and major renovations. Action SE 1.5.1 Revisit site design and maintenance standards periodically to ensure that the standards for fire protection for new development meet or exceed the statewide minimums. Action SE 1.5.2 Require new development proposals to submit plans showing ingress/egress, evacuation routes, emergency vehicle access, visible addressing and signage, and fuel modification/fire-retardant zones. Action SE 1.5.3 Continue to use the California Fire Code and California Code of Regulations and update the City code as necessary to mitigate the risk of wildfires. Action SE 1.5.4 When feasible, require all development to be located outside of the Very High Fire Hazard Severity Zone (VHFHSZ). Should development be located in VHFHSZ, then require that it be built to the current California Building Code and Fire Code. Action SE 1.5.5 Identify existing non-conforming development and create a plan which would include seeking grant funding to update those developments to contemporary fire-safe standards, in terms of road standards and vegetative hazard, and requiring all development to meet or exceed CCR, division 1.5, chapter 7, subchapter 2, articles 1 -5 requirements (SRA Fire Safe Regulations). Page 662 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 66 Policy SE 1.6: Reduce the risk of wildfire spreading to the extent possible. Action SE 1.6.1 Treat the City-owned roadways identified as evacuation routes as firebreak areas and perform vegetation and road maintenance on city roads and enforcement on private roads. Action SE 1.6.2 Encourage neighborhood- or area-based approaches to reducing wildfire hazards, acknowledging that one property's wildfire risk is dependent on the wildfire hazards presented by surrounding properties. Action SE 1.6.3 Require new development and major renovations to submit fuel modification plans for approval from the City Fire Department. Action SE 1.6.4 Ensure the availability of water sources for firefighting efforts and maintain hydrants in working condition. Action SE 1.6.5 Ensure that all developments in Very High Fire Hazard Severity Zones maintain certain defensible space through specific fuel modification (brush clearing) requirements as outlined in Government Code Sections 51175-51189. Action SE 1.6.6 Create and implement a vegetation management program to reduce the presence of flammable vegetation, including creating defensible space, clearing dead vegetation, and maintaining fuel breaks. Action SE 1.6.7 Develop a plan to revegetate slopes on City-owned property soon after wildfires with desirable native species that support native habitats and have robust root systems to keep soil in place. Work with appropriate agencies and property owners as applicable on similar projects. Action SE 1.6.8 Implement a comprehensive strategy focused on proactive hazardous fuels removal, treatment, and the establishment of a network of fuel breaks and greenbelts to effectively mitigate wildfires, contain their size, and minimize heat and smoke generation. Climate Resiliency Policy SE 1.7: Increase the City's resiliency to climate change impacts. Action SE 1.7.1 Update the City’s Climate Action Plan routinely and monitor its effectiveness in achieving reduction targets, and implementing additional measures if goals are not met. Action SE 1.7.2 Locate new essential public facilities, including hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, outside of hazard areas as feasible, and implement construction methods to minimize impacts if located in at-risk areas. Action SE 1.7.3 To the extent feasible, develop infrastructure that uses natural ecological systems or processes or sequesters greenhouse gas emissions to reduce vulnerability to climate change-related hazards or other related climate change effects. Action SE 1.7.4 Identify critical facilities in need of reliable sources of sustained electrical power, from zero emission sources when feasible, during natural hazards and climate change impacts including electric vehicle charging for municipal fleet. Page 663 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 67 Action SE 1.7.5 Identify public buildings, specific private buildings, and/or institutions with facilities required for multiple day habitation as public shelters during periods of extreme flooding, heat waves, or power outages and provide up-to-date information to the public about such buildings through the City's website. Action SE 1.7.6 Aim to minimize the impact of new construction on climate change by striving for net zero emissions where feasible. Policy SE 1.8: Ensure that the City has adequate water supply for domestic use and fire protection. Action SE 1.8.1 Continue to assist Chula Vista’s water providers in preparing and maintaining urban water management plans that identify water demand anticipated by existing and new developments. Action SE 1.8.2 Coordinate with water providers on long-range planning programs. Action SE 1.8.3 Participate in existing and future regional planning programs for water treatment, reclamation, and distribution. Action SE 1.8.4 Encourage the development of new technologies and the use of new sources to meet the long-term water demands in Chula Vista. Action SE 1.8.5 Establish a system for residents and businesses to report suspected leaks and take prompt action to repair leaks. Action SE 1.8.6 Continue to implement routine inspection schedules for the entire water distribution system, including regular visual inspections, meter readings, and the use of leak detection devices. Policy SE 1.9: Encourage and facilitate construction and land development techniques that ensure sustainable water use and minimize water quality impacts from urban development. Action SE 1.9.1 Promote the use of low-water demand landscaping and drought-tolerant plant materials in both existing and new developments. Action SE 1.9.2 Where safe and feasible, promote and facilitate the use of recycled water in new developments, and explore opportunities for the use of recycled water in redevelopment projects. Action SE 1.9.3 Support the continued use of graduated rate structures by water suppliers to promote water conservation. Action SE 1.9.4 Implement and enforce restrictions on outdoor water use, such as watering lawns, washing cars, and filling swimming pools, particularly during drought conditions. Policy SE 1.10: Increase the City’s resilience to extreme heat and minimize the negative impacts of heat waves. Action SE 1.10.1 Develop a protocol for the City to respond to extreme heat events, e.g., extend cooling center hours, alternative schedules for outdoor workers, delivery of water, medicine, and other critical resources to vulnerable populations, and so on. Page 664 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 68 Action SE 1.10.2 Revisit building standards to require cost-effective cooling strategies. Some strategies include the use of reflective materials for buildings and roads to reduce heat absorption; cool roof initiatives to decrease surface temperatures; green roofs and walls to absorb heat and increased insulation and air sealing to increase a buildings passive ability to stay cool; cool or reflective pavements to reduce the urban heat island effect; permeable surfaces to allow water infiltration and reduce surface temperatures; and so on. Action SE 1.10.3 Adopt zero emission building energy codes strategies, such as energy efficiency, solar panel with battery storage and bi-directional electric vehicle charging that reduce peak energy demand on the electrical grid. Goal SE 2.0: Minimize the potential for loss of life, injury, damage to property, economic and social dislocation, and unusual public expense due to human- made hazards. Crime Policy SE 2.1: Reduce the risk of crime through site planning, surveillance, support programs, and information. Action SE 2.1.1 Provide adequate law enforcement staff and equipment pursuant to Police Department strategic plans to meet established service standards. Pursue funding for the same when current funding expires in 2027. Action SE 2.1.2 Continue to assist with the existing Neighborhood Watch programs and establish new ones as needed to prevent crime in communities. Action SE 2.1.3 Implement Crime Prevention Through Environmental Design (CPTED) techniques in urban planning and development as feasible in new development and redevelopment projects. Some examples of CPTED techniques include installing large windows, avoiding tall shrubbery that obstructs views, maintaining clear sightlines, installing adequate and well-placed lighting, promoting a mix of activities, implementing target hardening techniques, minimizing secluded spaces, and using electronic surveillance. Action SE 2.1.4 Support after-school programs, mentorship initiatives, and community centers that provide positive opportunities for youth and reduce the risk of involvement in criminal activities. Action SE 2.1.5 Provide resources and information on personal safety, neighborhood watch programs, and available social services through the City website, booths at City events, social media, newsletter, and so on. Action SE 2.1.6 Support community initiatives aimed at reducing gun violence through education and awareness. Page 665 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 69 Action SE 2.1.7 Regularly evaluate the effectiveness of crime reduction initiatives with the Police Department and adapt policies and programs accordingly. Health Emergencies Policy SE 2.2: Provide essential services in a timely manner during a public health crisis. Action SE 2.2.1 Update the Exposure Control Plan on a regular basis and ensure that all emergency responders including City staff that deal with emergency operations, are aware of and trained regularly to use the plan. Action SE 2.2.2 Ensure, to the extent possible, that City employees have access to appropriate protective equipment to provide essential services. Action SE 2.2.3 Follow the direction and guidance of appropriate public health agencies and relay the information to the community in a timely manner. Action SE 2.2.4 Ensure that City employees are equipped to telecommute if needed during an emergency. Action SE 2.2.5 Ensure that the Planning Commission and City Council are aware of operations protocols for public health crisis scenarios. Action SE 2.2.6 Regularly review and update policies based on lessons learned from previous crises or emerging best practices since the nature of a public health crisis can evolve rapidly, and plans should be flexible enough to adapt to changing circumstances. Action SE 2.2.7 Create a program to foster collaboration among various government agencies, healthcare providers, nonprofit organizations, and community groups to create a cohesive response. Hazardous Materials Policy SE 2.3: Minimize the use of toxic products by residents and small businesses and facilitate the proper disposal of household hazardous waste. Action SE 2.3.1 Encourage the reduction of household hazardous waste generation and disposal by promoting the use of safe substitutes, and by promoting and facilitating recycling of household hazardous waste. Action SE 2.3.2 Promote the City's Household Hazardous Waste Collection Facility and continue to collaborate with the County of San Diego and other local agencies for the diversion of household items, recyclables, and household hazardous waste by providing information on the program to residents on a regular basis through the City website. Action SE 2.3.3 Clean contaminated sites to protective limits to ensure that planned future uses of such sites and public health and safety are not compromised. Page 666 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 70 Action SE 2.3.4 Prior to the redevelopment of contaminated sites, ensure adequate remediation in accordance with the recommendations of appropriate environmental assessments and consistent with all applicable regulations and standards. Action SE 2.3.5 Minimize the use of toxic products by residents and small businesses through public education on alternative products and methods. Policy SE 2.4: Maintain the ability to establish hazardous waste storage, collection, treatment, disposal, and transfer facilities to serve the needs of the Chula Vista industry and businesses within appropriate locations of the City, while ensuring adequate protection of the community. Action SE 2.4.1 Ensure through code enforcement that no hazardous materials are dumped in any area of the City other than the sites specifically permitted. Action SE 2.4.2 Evaluate the Chula Vista Fire Department’s and Police Department's capacities to respond to hazardous materials spills; identify any gaps in equipment or training. Action SE 2.4.3 On a periodic basis, review and modify, where necessary, the City's zoning regulations to ensure that adequate provisions are in place to avoid adverse effects to surrounding land uses from facilities using, storing, and handling hazardous materials and waste. Action SE 2.4.4 Ensure that all hazardous waste facilities adhere to local, state, and federal regulations. Regularly review and update regulations to align with industry standards and best practices. Action SE 2.4.5 Continue to require, prior to the issuance or renewal of business licenses for businesses involving hazardous materials and/or generating hazardous waste, licensees to prepare and submit an acceptable Business Plan and Risk Management Prevention Program to the County Department of Environmental Health, as applicable, and to obtain all other necessary licenses and permits. Action SE 2.4.6 Establish communication protocols for notifying the community in case of incidents and providing clear instructions on protective actions. Action SE 2.4.7 Support legislative efforts to reduce the risk associated with hazardous waste. Goal SE 3.0: Ensure residents are thoroughly informed about hazards and emergency preparedness programs and procedures. Policy SE 3.1: Promote public safety awareness on hazards, safety measures, and evacuation procedures through education and awareness campaigns. Action SE 3.1.1 Ensure that the Disaster Preparedness web page is up to date and readily accessible on the City website to promote resident awareness and caution regarding hazards, including soil instability, earthquakes, flooding, and wildfire. Page 667 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 71 Action SE 3.1.2 Ensure that the City’s Emergency Management web page is combined with the Disaster Preparedness web page for ease of navigation and finding information. Action SE 3.1.3 Organize regular workshops and seminars or set up informational booths during City events and fairs to disseminate information on emergency preparedness to cover topics such as evacuation procedures, sheltering in place, and the creation of emergency kits. Action SE 3.1.4 Create informative brochures, pamphlets, and fact sheets detailing local hazards, emergency procedures, and preparedness tips such as fire-resistant landscaping and defensible space. Use City events, festivals, and newsletters to disseminate the brochures. Action SE 3.1.5 Partner with local schools to integrate emergency preparedness education into the curriculum. Action SE 3.1.6 Ensure that all educational materials and campaigns are available in multiple languages spoken within the community. Action SE 3.1.7 Conduct public awareness campaigns to educate residents about evacuation routes and procedures. Ensure that the evacuation routes map is available on the website. Action SE 3.1.8 Continue to publicize disaster plans such as the Emergency Operations Plan and make them available on the City website and to critical facilities. Goal SE 4.0: Ensure the City is well-prepared for an effective emergency response. Policy SE 4.1: Ensure that the City permitting, and approval processes allow for emergency preparedness. Action SE 4.1.1 Prior to approval of any discretionary projects, ensure that construction is phased with the provision of police and fire protection services such that services are provided prior to or concurrent with need. Action SE 4.1.2 Continue to require new development and redevelopment projects to demonstrate adequate access for fire and police vehicles. Action SE 4.1.3 Require new development and redevelopment projects to demonstrate adequate water pressure to new buildings. Action SE 4.1.4 Maintain detailed hazard maps for use in the development review. Action SE 4.1.5 Strive to locate and design emergency buildings and vital utilities, communication systems, and other public facilities so that they can remain operational during and after an emergency or disaster. Action SE 4.1.6 Require new development to screen, protect, or underground all utilities and provide underground connections to improve both public safety and the City's appearance. Page 668 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 72 Action SE 4.1.7 Ensure that newly proposed or modified roadway designs are reviewed by the Fire Department so that these roadways do not significantly impair the movement of emergency vehicles and equipment. Action SE 4.1.8 Educate City officials at the beginning of each term on emergency procedures, protocols, line of command, and expedited processes related to disaster recovery. Policy SE 4.2: Ensure that emergency preparedness planning is done on a regular basis and seek interagency and interdepartmental collaboration in such planning process. Action SE 4.2.1 Maintain and implement a Citywide Emergency Operations Plan to respond to local and regional emergencies and update it as needed to respond to changes in emergency response systems and threats to public safety. Action SE 4.2.2 Require that the Police and Fire Departments maintain active participatory roles in emergency preparedness planning. Action SE 4.2.3 Conduct a post-disaster analysis after every emergency response and incorporate the lessons learned to improve safety plans. Action SE 4.2.4 Continue to be a jurisdictional partner in the preparation, maintenance, and implementation of the multi-jurisdictional Hazard Mitigation Plan by San Diego County, in compliance with federal law. Action SE 4.2.5 Cooperate with local, state, and federal agencies, and with emergency response organizations such as the American Red Cross, to ensure temporary housing for displaced residents following an emergency or disaster. Action SE 4.2.6 Within six months of any area-wide disaster, analyze the response and the Citywide Emergency Response Plan and propose revisions as needed. Action SE 4.2.7 Develop post-disaster development regulations to assist displaced residents in rebuilding damaged and destroyed structures as expeditiously as possible. Ensure re-development complies with City code, California Fire Code and California Code of Regulations. Action SE 4.2.8 In the event of a disaster in Chula Vista, apply for and obtain federal funding from the Federal Emergency Management Agency, as applicable, to augment recovery efforts in the community. Policy SE 4.3: Encourage the City residents and businesses to be a part of the emergency preparedness program. Action SE 4.3.1 Continue to support the Community Emergency Response Team (CERT) program as well as the Fire Explorers program spearheaded by the Fire Department. Action SE 4.3.2 Continue to support the Citizens Adversity Support Team (CAST), Senior Volunteer Patrol, Reserve Officers, and the Cadet Program by the Police Department and allow volunteers to supplement both officer and police civilian positions. Page 669 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element City of Chula Vista 73 Action SE 4.3.3 Continue to support the Police Department’s School Resource Officer Program, which provides leadership and a safe learning environment in the schools. Action SE 4.3.4 Encourage residents to sign up for emergency alert systems that deliver notifications directly to their mobile devices. Page 670 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda CITY OF CHULA VISTA Evacuation Route Capacity and Viability Study DRAFT v2 Lead Agency: CITY OF CHULA VISTA 9770 Culver Boulevard Culver City, CA 90232 Contact: Mr. Joe Susca, Senior Management Analyst (310) 253-5636 Prepared by: MICHAEL BAKER INTERNATIONAL 276 Fourth Avenue Chula Vista, California 91910 February 2024 JN 196254 Page 671 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 1-1 February 2024 TABLE OF CONTENTS 1.0 Introduction ................................................................................................................................... 1-3 1.1. Background ................................................................................................................................ 1-3 1.2. Legislative Overview .................................................................................................................. 1-3 2.0 Evacuation Routes Assessment...................................................................................................... 2-4 2.1. Designated Evacuation Zones .................................................................................................... 2-4 2.2. Evacuation Reception Centers ................................................................................................... 2-5 2.3. Evacuation Route Vulnerability Assessment .............................................................................. 2-6 2.4. Designated Evacuation Routes ................................................................................................ 2-11 2.5. Evacuation Route Capacity ...................................................................................................... 2-12 2.6. Distance & Travel Time to Evacuation Gateways .................................................................... 2-14 3.0 Safety & Traffic Control Considerations ......................................................................................... 3-1 4.0 Primary Evacuation Scenarios ........................................................................................................ 4-1 4.1. Scenario 1 – Wildfire Hazard ...................................................................................................... 4-1 4.2. Scenario 2 – Dam Inundation ..................................................................................................... 4-3 Exhibits Exhibit 2-1 Evacuation Zones ..................................................................................................................... 2-4 Exhibit 2-2 Evacuation Route Vulnerabilities ............................................................................................. 2-6 Exhibit 2-3 Vulnerable Neighborhoods ...................................................................................................... 2-9 Exhibit 2-4: Primary Evacuation Routes ................................................................................................... 2-12 Exhibit 2-5: Evacuation Zone Centroids & Gateways ............................................................................... 2-15 Exhibit 2-6: Evacuation Routes to Gateway A – Fire Evacuation Zones (FEZ).......................................... 2-18 Exhibit 2-7: Evacuation Routes to Gateway A – Dam Inundation Zones (DIZ) ........................................ 2-19 Exhibit 2-9: Evacuation Routes to Gateway B – Dam Inundation Zones (DIZ) ......................................... 2-21 Exhibit 2-10: Evacuation Routes to Gateway C – Fire Evacuation Zones (FEZ) ........................................ 2-22 Exhibit 2-11: Evacuation Routes to Gateway D – Fire Evacuation Zones (FEZ) ....................................... 2-23 Exhibit 2-12: Evacuation Routes to Gateway D – Dam Inundation Zones (DIZ) ...................................... 2-24 Exhibit 2-13: Evacuation Routes to Gateway E – Fire Evacuation Zones (FEZ) ........................................ 2-25 Exhibit 2-14: Evacuation Routes to Gateway E – Dam Inundation Zones (DIZ) ....................................... 2-26 Exhibit 2-15: Evacuation Routes to Gateway F – Fire Evacuation Zones (FEZ) ........................................ 2-27 Exhibit 2-16: Evacuation Routes to the Nearest Gateway - Fire Hazard Scenario .................................. 2-28 Exhibit 2-17: Evacuation Routes to the Nearest Gateway – Flood Inundation Scenario ......................... 2-29 Exhibit 3-1: Manual Traffic Control Points ................................................................................................. 3-1 Page 672 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 1-2 February 2024 Tables Table 2-1: Critical Facilities ........................................................................................................................ 2-7 Table 2-2: Hourly Roadway Evacuation Capacity ..................................................................................... 2-13 Table 2-3: Travel Time Estimate Summary .............................................................................................. 2-17 Table 3-1: Recommended Traffic Control Point Locations ........................................................................ 3-2 Table 4-1: Facilities in a Wildfire Hazard Zone ........................................................................................... 4-1 Table 4-2: Wildfire Hazard Zone Demographics ........................................................................................ 4-2 Table 4-3: Facilities in a Dam Inundation Hazard Zone ............................................................................. 4-4 Table 4-4: Dam Inundation Hazard Zone Demographics ........................................................................... 4-4 Attachments Attachment A – Zonehaven Information Attachment B – Travel Time Calculations Attachment C – Wildfire Hazard Severity Zone Attachment D – Dam Inundation Maps Page 673 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 1-3 February 2024 1.0 Introduction 1.1. Background Chula Vista (City) is currently undergoing an update to the Safety Element of the City’s General Plan as required by California Government Code Section 65302 to address the need to protect citizens from risks associated with natural and human-caused hazards. In parallel with the Safety Element, a Vulnerability Assessment is required to satisfy California Senate Bill (SB) 379 to identify risks climate changes poses to the local jurisdiction and the geographic areas at risk from climate change. The Vulnerability Assessment identifies specific natural hazards related to climate change and evaluates the City’s vulnerabilities accordingly. The Vulnerability Assessment considers physical threats to critical facilities within the City as well as physical threats to residential and non-residential structures. The vulnerability findings will then inform adaptation and resilience goals, policies, objectives, and implementation measures in the Safety Element Update. It should be noted that a Vulnerability Assessment was conducted by San Diego County as part of the Multi-Jurisdictional Hazard Mitigation Plan (MJHMP) and is included in the Safety Element for reference. Hazards that may require an evacuation declaration include wildfires, floods, hazardous materials exposure, geologic hazards, and seismic hazards. This Evacuation Routes Assessment address the evacuation planning for potential emergency scenarios. 1.2. Legislative Overview Under Assembly Bill (AB) 747 the City’s Safety Element needs to address evacuation planning for any emergency scenarios that would warrant an evacuation of populations within the affected areas. The evacuation planning is a component of the Safety Element (SE)). This requirement became effective as of January 1, 2022 and is required for the development of a new or updated SE. In addition, Senate Bill (SB) 99 also addresses local Safety Elements and emergency evacuation routes. This legislation requires the City to identify residential developments in hazard areas that do not have at least two emergency evacuation routes. AB 1409 includes additional requirements for the Safety Element be periodically reviewed and updated. It also requires that the SE include evacuation locations in the evacuation route planning. This Evacuation Routes Assessment report includes a capacity analysis that identifies evacuation routes and their capacity, safety, and viability under a range of emergency scenarios applicable to the local jurisdiction. This report contains important information that will serve as a resource to the Evacuation Coordinator, Emergency Manager, and emergency management support personnel to more quickly assess and plan mitigative actions for local hazard scenarios that may lead to the eventual need to order an emergency evacuation of all or a portion of populations within the City. Page 674 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-4 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA 2.0 Evacuation Routes Assessment 2.1. Designated Evacuation Zones Emergency evacuation zones for the City of Chula Vista have been developed at the County level as part of the San Diego County Zonehaven EVAC Evacuation Pre-Plan modeling program. These zones have been developed through close coordination with City staff and the Chula Vista Fire Department. Zonehaven creates online data driven smart zones that are reviewed, adjusted, and approved by local law, fire, and city staff. Zonehaven EVAC is a web-based application for first-responders to add evacuation pre-plan data and make operational decisions on changing the status of a zone during an ongoing incident. For the purposes of this evacuation assessment, multiple Zonehaven zones were aggregated into designated evacuation zones based on logical boundaries (typically following roadways) and similar access to evacuation routes for each of the hazard scenarios that have been considered. Only areas within the City that are considered to be at risk for these hazard scenarios are shown. Zonehaven maps and corresponding list of zones are included in Attachment A. As shown in Exhibit 2-1, the designated evacuation zones were categorized into two types, Fire Evacuation Zones (FEZ) and Dam Inundation Zones (DIZ). Additional assessment for these hazard scenarios is provided in Chapter 4.0. Exhibit 2-1 Evacuation Zones Page 675 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-5 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA 2.2. Evacuation Reception Centers Dependent upon the nature of a disaster, evacuees may have the option to evacuate to an evacuation reception center located in the immediate vicinity of the disaster. Chula Vista has pre-identified shelters throughout the City that have been vetted by the Red-Cross and can be used as long as individuals have been directed there by first responders and the shelter has not been damaged by a disaster. Dependent on the incident, one or more of these sites could be activated as a temporary evacuation point or an overnight shelter. City staff in coordination with the Red Cross would make the determination to activate as events unfold. These locations are identified in Table 2-1 and shown in Exhibit 2-2. Table 2-1: Evacuation Reception Centers Site ID Name Address Evacuation Zone 11816 Castle Park Middle School 160 Quintard St - 54233 Castle Park High School 1395 Hilltop Dr - 54329 Loma Verde Recreation Center 1420 Loma Ln - 54376 Parkway Community Center 373 Park Way - 54377 Parkway Gymnasium 385 Park Wy - 64354 Chula Vista High School 820 4Th Ave - 64355 La Roca Communidad Cristiana Church 2371 Fenton St - 73678 Eastlake High School 1120 Eastlake Parkway FEZ-7 73743 Olympian High School 1925 Magdalena Ave FEZ-4 73764 Rancho Del Rey Middle School 1174 East J St - 73778 Otay Ranch High School 1250 Olympic Pkwy FEZ-3 73842 Eastlake Middle School 900 Duncan Ranch Rd FEZ-10 73865 Hilltop High School 555 Claire Ave - 73929 Chula Vista Middle School 415 Fifth Ave - 74129 Hilltop Middle School 44 East J St - 74131 Bonita Vista High School 751 Otay Lakes Rd - 74138 Bonita Vista Middle School 650 Otay Lakes Rd FEZ-14 / DIZ-5 74242 Southwestern Community College 900 Otay Lakes Rd - 154723 Corpus Christi Catholic Church 450 Corral Canyon FEZ-13 157204 Montevalle Community Center 840 Duncan Ranch Road FEZ-10 157207 Norman Park Community Center 270 F Street - 157213 Salt Creek Community Park & Recreation Center 2710 Otay Lakes Road FEZ-8 157214 Veterans Park Recreation Center 785 East Palomar Street FEZ-1 157217 Otay Recreation Center 3554 Main Street - FEZ = Fire Evacuation Zone DIZ = Dam Inundation Zone Page 676 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-6 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA 2.3. Evacuation Route Vulnerability Assessment Evacuation route vulnerability can be expressed from several perspectives. The most direct expression of route vulnerability deals with physical features along an evacuation route that can be damaged during emergency scenarios and cause the evacuation route to be disrupted and unusable. These physical features include:  Bridges (over rivers, creeks, and other drainage features)  Bridges (creating grade separated roadways)  Low points along the route that are prone to flooding  Route locations along steep natural slopes that are prone to landslides Exhibit 2-2 depicts physical features such as bridge structures along primary evacuation routes that may impede an evacuation if damaged at the time of an emergency which require an evacuation. The Vulnerability Assessment (separate cover) summarizes all of the critical facilities throughout. Table 2-2 below shows all of the bridges throughout the City, including those crossing the Ballona Creek and the Metro E (Expo) Line. Exhibit 2-2 Evacuation Route Vulnerabilities Page 677 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-7 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Table 2-2: Critical Facilities Map ID Name Location Evacuation Zone Transportation 1 Bayfront E St. Trolley Station Woodlawn Ave. / Bayfront Station Rd. DIZ-1 2 Bus Transit Station Facility Gotham St. / Otay Lakes Rd. - 3 Chula Vista Transit Maxwell Rd. / Research Ct. FEZ-2 4 Community Hospital of Chula Vista Heliport North of Medical Center Ct. - 5 CVESD School Bus Corp Yard Maxwell Rd. / Design Ct. FEZ-2 6 H St. Trolley Station Woodlawn Ave. / H St. - 7 L St. MTS Trolley Station L St. near Industrial Blvd. - 8 MTS Bus Maintenance Facility Main St. / Reed Ct. - 9 Palomar St. Trolley Station Palomar St. / Industrial Blvd. - Bridges 1 Sweetwater Rvr (Willow St) (ID 57C0011) 0.15 miles north of Bonita Rd DIZ-4 / DIZ-5 / FEZ-15 2 Sweetwater Rvr (N. 2Nd St.) (ID 57C0235) 0.16 miles south of E.30Th & Sweetwater Rd. DIZ-2 3 Telegraph Cyn (Otay Lakes Rd) (ID 57C0273) 0.64 miles east of La Media Rd - 4 Telegraph Cyn Chnl (Crest Dr) (ID 57C0499) 20 ft north of Telegraph Cyn Rd - 5 Telegraph Cyn Chnl (Paseo Del Rey) (ID 57C0500) 30 ft north of Telegraph Cyn Rd - 6 Telegraph Cyn Chnl (Paseo Ladera) (ID 57C0501) 50 ft north of Telegraph Cyn Rd - 7 Telegraph Cyn Chnl (Nacion Ave) (ID 57C0505) 75 feet north of Telegraph Cyn Rd - 8 Telegraph Cyn Chnl (Camino Entrada) (ID 57C0506) 40 feet north of Telegraph Cyn Rd - 9 Telegraph Cyn Chnl (Telegraph Cyn Rd) (ID 57C0507) 0.25 miles East of Hilltop Dr - 10 Telegraph Cyn Chnl (Hilltop Rd) (ID 57C0508) At Telegraph Cyn Rd - 11 Otay River Trib. (Orange Ave) (ID 57C0509) 60 ft east of Third Ave - 12 Main Street Underpass (ID 57C0651L) 0.25 miles east of Rte 5 - 13 Main Street Underpass (ID 57C0651R) 0.3 miles east of Rte 5 - Page 678 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-8 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Table 2-2: Critical Facilities Map ID Name Location Evacuation Zone 14 Telegraph Cyn (Ha lecrest Dr) (ID 57C0657) 20 ft north of Telegraph Cyn Rd - 15 Telegraph Cyn (Telegraph Cyn Rd) (ID 57C0658) 0.17 miles east of Heritage Rd - 16 Central Drainage (J St) (ID 57C0659) 50 ft west of Rte I-5 Ramps - 17 Central Drainage (Bay Blvd) (ID 57C0660) 175 feet south of Of J St - 18 Otay River Trib. (3Rd Ave) (ID 57C0661) 125 ft south of Orange St - 20 Otay River (Heritage Rd) (ID 57C0670) 200 ft south of Main St. FEZ-4 21 Sweetwater River (Central Ave) (ID 57C0701) 250 ft east of Sweetwater Rd DIZ-4 / DIZ-5 / FEZ-15 22 Salt Creek (Stone Gate) (ID 57C0841) 75 ft east of Hunte Pkwy FEZ-10 23 Poggi Canyon (Olympic Pkwy) (ID 57C0842) 0.5 miles east of Herritage Rd FEZ-3 24 Poggi Canyon (Heritage Road) (ID 57C0843) 50 Ft south of Olympic Pkwy FEZ-2 / FEZ-3 25 Telegraph Cyn Chnl (St. Claire Dr) (ID 57C0844) 70 Ft north of Otay Lakes Rd - 26 Telegraph Cyn Chnl (Paseo Ranchero) (ID 57C0845) 100 Ft south of Telegraph Cyn Rd - 27 Telegraph Canyon (Bay St) (ID 57C0846) 175 Ft south of L Street - 28 Telegraph Cyn Chnl (2Nd Ave) (ID 57C0847) 0.12 Mi north of L St 29 Otay Rvr Trib. (Zenith St) (ID 57C0848) 20 Ft west of Fresno St 30 Otay Rvr Trib. (Main St.) (ID 57C0849) 0.13Mi east of 4Th Ave. 31 Olympic Pkwy Poc (E. Palomar) (ID 57C0850) 100 Ft west of E. Palomar Rd FEZ-5 32 La Media Road Poc (ID 57C0851) 225 Ft south of E. Palomar 33 Otay Ranch Hs Poc (ID 57C0852) 60 Ft west of Santa Venetia FEZ-3 34 Salt Creek (Rambling Vista Rd) (ID 57C0860) 260 Ft west of Old Jana Ranch R FEZ-8 FEZ = Fire Evacuation Zone DIZ = Dam Inundation Zone (Continued) Page 679 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-9 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Evacuation route vulnerability can also be expressed in terms of vulnerability to residents where development areas are isolated and/or areas that have access to only one evacuation route. These areas are a concern and require additional advanced planning to address emergency scenarios where an evacuation is needed, and the single evacuation route may be blocked or damaged and cannot be used. Shown in Exhibit 2-3 and summarized in Table 2-3, are those residential development areas (neighborhoods) that have only one access point to a primary evacuation route. These neighborhoods were identified after a thorough review of various City-wide maps and aerial photographs and include residential developments that may be access constrained during an evacuation. If a neighborhood takes direct access to another roadway and that roadway funnels to more than one designated evacuation route, it would not be considered vulnerable. Similarly, if a neighborhood does take direct access to a designated evacuation route with only one way in and out, this would be considered a vulnerable neighborhood. In an evacuation scenario, these neighborhoods could be exposed to an increased risk due to the lack of multiple egress opportunities and should be given earlier evacuation consideration. Exhibit 2-3 Vulnerable Neighborhoods Page 680 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-10 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Table 2-3: Vulnerable Neighborhoods Map ID Name Evacuation Zone 1 Mohawk Tailer Park - 2 Vista Hermosa Apartments - 3 Flamingo Trailer Park - 4 Woodlawn Avenue - 5 Arizona Street - 6 Emerson Street - 7 Village Drive - 8 Brisa Del Mar - 9 4th & Montgomery - 10 Palms Mobile Estates - 11 North Glover Avenue DIZ-2 12 Twin Oaks Circle DIZ-2 13 Vance Street - 14 Corte Helena – Toyon DIZ-14 15 James Court - 16 San Miguel – Sierra – Palomar - 17 Clube View - 18 El Capitan – Monterey - 19 Woodland Hills - 20 4th & Orange - 21 Hilltop & Orange - 22 Holiday – Festival - 23 Calmor Street - 24 Randy Lane - 25 Palm Drive DIZ-5 / FEZ-14 26 Calle Santiago 27 San Miguel Ranch FEZ-13 28 Yuba Drove FEZ-14 29 Trinidad Cove FEZ-7 30 Rancho Buena Vista FEZ-7 Page 681 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-11 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA 2.4. Designated Evacuation Routes Evacuation routes effectively include all improved (paved) roads within the City. Unpaved roads may be used in an evacuation as a last resort but should not be relied on as a primary evacuation route. Local streets typically serve as direct access for adjacent residential and commercial development and while they are not designed to accommodate high traffic volumes, they serve limited development areas and are rarely required to handle traffic flows that would exceed their capacities, even under full evacuation conditions. For the purposes of evacuation planning, the designated evacuation route street network includes roadways that are classified as collectors and above including the following: 1. Freeways/Highways 2. Major Roadways 3. Gateway Streets 4. Urban Arterials 5. Commercial Boulevard 6. Neighborhood & Local Streets (in select areas) Designated evacuation routes are the most reliable roadway facilities for the following reasons:  These roads are designed to accommodate higher volumes of traffic in-line with their classifications.  Access controls are more stringent on roads of higher classification.  Intersection controls are designed to prioritize travel on roads of higher classification.  Roadway maintenance policies prioritize roads of higher classification. Primary evacuation routes are identified in Exhibit 2-4. Note that evacuation routes shown are to gateway exit points located at or near the City boundary (refer Section 2.5). In addition, SR-125 is identified as a importation evacuation route, and while it is a toll road under emergency evacuation conditions it is presumed the evacuees would be able to access the highway without penalty or fees. Page 682 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-12 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-4: Primary Evacuation Routes 2.5. Evacuation Route Capacity While the City’s Circulation Element roadways are designed to serve two-way traffic, the designated of evacuation routes are assumed to use only one direction of travel in the outbound direction away from the hazard. Once the evacuation order has been made, the inbound direction is typically reserved for emergency management vehicles to transport personnel and equipment towards the hazard. The technical definition of the maximum capacity of a road is the maximum hourly rate at which vehicles can reasonably be expected to traverse a point during a given time period under prevailing roadway, traffic and control (free-flow) conditions. The capacity of an evacuation route considers the following factors:  Design characteristics of the roadway (i.e., lane width, shoulder width, horizontal and vertical alignment, presence of raised median)  Number of lanes in the outbound evacuation direction  Access control  Percent truck traffic Page 683 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-13 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA The maximum “free-flow” (uninterrupted flow) capacity of a roadway segment occurs at level of service (LOS) E when the vehicle speed and vehicle spacing is at its optimum level. Under the free-flow condition, the traffic demand is fully serviced, and the service volume increases as the traffic volume and density increase, until the service volume reaches the maximum LOS E capacity for the roadway segment. As traffic volumes and the resulting vehicle density increase beyond this "critical" value, the rate at which traffic can be serviced quickly drops below the maximum capacity. Therefore, to realistically represent traffic handling capacity during congested forced flow conditions (such as during an evacuation) it is necessary to apply a capacity reduction factor. A capacity reduction factor of 0.9 (10% reduction) has been applied based upon studies that identified a fall‐off in the maximum service flow rate (e.g., maximum capacity) when congestion occurs at “choke points” on a freeway segment. The estimated hourly vehicle capacities under forced flow evacuation conditions are summarized in Table 2-4 for each of the five designated evacuation route classifications. Table 2-4: Hourly Roadway Evacuation Capacity Classification No. Lanes (per direction) Capacity/Lane (vphpl) Reduction Factor Total Capacity (veh. in outbound direction) Diminished Capacity (1) (veh. per direction) Freeway 5 1,900 0.9 8,550 5,990 Prime Arterial 3 1,900 0.9 5,130 3,590 Major Street 3 1,900 0.9 5,130 3,590 Major Street 2 1,900 0.9 3,420 2,390 Gateway Street 2 1,900 0.9 3,420 2,390 Urban Arterial 2 1,900 0.9 3,420 2,390 Commercial Boulevard 2 1,900 0.9 3,420 2,390 Class I Collector 1 1,900 0.9 1,710 1,200 Downtown Promenade 1 1,900 0.9 1,710 1,200 Local Street 1 1,900 0.9 1,710 1,200 vphpl = Vehicles per Hour per Lane (1) Assumes 30% of the available capacity will be consumed by ambient/background (non-evacuation) traffic. It is important to note that the hourly evacuation capacity estimates shown in Table 2-3 may not be fully available to evacuating traffic during the early stages of an evacuation unless strict perimeter traffic control/access has been established before the evacuation order has been given. Depending on the time of day, conditions without positive perimeter traffic control could result in background (non-evacuation) traffic consuming between 25% and 30% of the available capacity during midday and non-peak periods. Peak period background traffic on some higher classification roadways (including those that access freeway interchanges) could represent between 70% and 100% of the available capacity. If an evacuation occurs during peak periods, perimeter traffic control will be more crucial and certain evacuation routes may not be available for use. Conversely, during late evening and early morning periods, available roadway capacity on non-freeway routes would be greater than 90% of the maximum capacity. At grade intersection controls at locations where two designated evacuation routes merge are also an important consideration during an evacuation. The approaches to at-grade intersections are where flow Page 684 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-14 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA can be “interrupted” by a control device or by turning or crossing traffic at the intersection. Due to the differences in the flow conditions at intersections, separate estimates of capacity must be made for these locations. In many instances, the approach to the intersection is widened through the addition of one or more lanes (turn bays), to compensate for the lower capacity of the approach caused by the interruption of traffic flow due to the intersection control device. Minor intersections are typically controlled by “stop” signs on the minor street approach(es) or at all intersection approaches if the streets serve similar traffic volumes. Arterial street intersections are typically controlled by traffic signals and the amount of green signal time is assigned to the intersection approaches based on the relative traffic volumes. During an evacuation, at‐grade intersections will likely become the first bottleneck locations once the evacuation is fully underway. During these conditions where traffic flows are concentrated in one direction and normal opposing traffic turning conflicts do not require signal intervention, traffic signals will not be able to efficiently manage the unique traffic demand pattern. This anticipated condition will result in the need to allocate right-of-way time to the respective competing traffic flows by imposing some form of proactive control. During evacuation conditions, control at the most critical intersections will often be provided by designated traffic control crews. In these cases, manual traffic control would supersede the normal stop sign or traffic signal control devices. 2.6. Distance & Travel Time to Evacuation Gateways As part of the evacuation route assessment, the most direct evacuation routing from the evacuation zones shown in Exhibit 2-1 to the closest primary evacuation gateways exiting the City was identified. City evacuation route gateways include the following:  Primary Gateways: o Gateway A – I-5 (North) o Gateway B – I-805 (North) o Gateway C – SR-125 (North)  Secondary Gateways: o Gateway D – I-5 (South) o Gateway E – I-805 (South) o Gateway F – SR-125 (South) The gateways have been separated into two categories: Primary Gateways (A,B & C) and Secondary Gateways (D, E, & F). While Secondary Gateways may be the closest for residents located in the southern parts of the City, most destinations are likely to be to the north, not the south. It should be noted that not all evacuation zones were assigned to each Gateway since individual gateways may not be a convenient or logical exit point for all zones. A centroid was placed at logical cross-streets approximately in the center of each zone (or sub-zone) as shown in Exhibit 2-5. Recommended evacuation traffic routing was then assigned from the centroid to the most convenient Gateway shown above. Page 685 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-15 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-5: Evacuation Zone Centroids & Gateways As a measure of evacuation vulnerability, travel time to each of the primary gateways was estimated for populations within each of the evacuation zones. To estimate the travel time from the centroid to the destination Gateway, the length of individual roadway segments, posted speed limits on each segment, and traffic control devices along the route (all-way stop, side-street stop, and traffic signal) were identified for each evacuation route. Travel time for each route segment was calculated based on the travel distance and posted speed. Typical intersection delay was estimated separately and was added to the segment travel time. An average delay factor of 20 seconds was used for each signalized intersection along the evacuation route. If an evacuation route passed through an unsignalized intersection, a delay factor of 10 seconds was applied if the routing passed through a stop-controlled approach. The sum of the individual roadway segment travel times and the total intersection delay were used to estimate the total travel time. A summary of the travel time estimates for each zone to the various Gateways is included in Attachment B. It is important to note that the estimated travel time is not an estimate of evacuation time, it is simply a calculation of uncongested, free-flow travel from the centroid of the evacuation zone to the assigned Gateway. As multiple zones are evacuated over time, the cumulative evacuation traffic will approach the Page 686 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-16 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA roadway capacity and may eventually exceed the available capacity of an evacuation route as they get closer to the evacuation Gateways. This results in congested conditions which would reduce the travel speed, and therefore increase the travel time to a Gateway. As mentioned above, the assignment of emergency response crews at key locations to control the flow of traffic would help to significantly reduce delay times. While the free-flow travel time does not represent the evacuation time, it does provide a relative measure of the evacuation zones that would be subject to longer evacuation times. An evacuation order should consider these more remote areas and they should be prioritized in the sequencing of evacuation notifications. The timing of evacuation notifications should consider the following factors that affect evacuation time: 1. Evacuee response time to evacuation notification (i.e. time for all evacuees to receive warning and time to prepare to leave home); 2. Estimated travel time to evacuation route gateway; and 3. Estimated added delay time due to evacuation route capacity constraints. If the critical roadway segment that will have the limiting capacity during an evacuation can be identified, the approximate evacuation time can be calculated by dividing the number of evacuating vehicles using the critical roadway segment by the outbound capacity of the critical roadway segment. The critical segment could be located close to the evacuation zone in cases where the evacuation is limited to one or two zones. In cases where multiple zones are evacuated at the same time, the critical roadway link will likely be closer to the evacuation route gateway where the accumulation of evacuating traffic is the greatest. Exhibit 2-6 through Exhibit 2-15 identify the designated evacuation route from the centroid of each evacuation zone to assigned Gateways throughout the City and summarize the travel times to individual Gateways. Exhibit 2-16 and Exhibit 2-17 shows the evacuation route to the nearest Gateway for each evacuation zone for the fire hazard and dam inundation scenarios. Table 2-5 summarizes the travel time estimates rounded to the nearest quarter of a minute (15 seconds) Page 687 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-17 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Table 2-5: Travel Time Estimate Summary Evac. Route Travel Time Summary (min) Via Gateway: Closest Primary Gateway (North) Closest Secondary Gateway (South) A I-5 (North) B I-805 (North) C SR-125 (North) D I-5 (South) E I-805 (South) F SR-125 (South) Via Gateway Travel Time (minutes) Via Gateway Travel Time (minutes) Fire Hazard Scenario FEZ-01 16.00 6.50 10.25 14.25 4.25 10.00 B 6.50 E 4.25 FEZ-02 15.25 8.00 11.50 11.50 4.00 10.75 B 8.00 E 4.00 FEZ-03 20.50 11.25 11.25 18.50 11.50 6.50 B/C 11.25 F 6.50 FEZ-04 25.75 16.75 12.50 24.00 18.50 7.75 C 12.50 F 7.75 FEZ-05 24.00 14.75 9.75 22.00 16.75 5.00 C 9.75 F 5.00 FEZ-06 26.00 16.75 10.00 24.00 19.00 7.50 C 10.00 F 7.50 FEZ-07 27.25 16.50 8.25 25.75 18.00 8.25 C 8.25 F 8.25 FEZ-08 29.25 18.50 10.50 28.00 20.00 10.00 C 10.50 F 10.00 FEZ-09 25.75 17.50 7.50 25.50 20.50 7.75 C 7.50 F 7.75 FEZ-10 28.50 18.50 10.25 28.25 20.00 9.75 C 10.25 F 9.75 FEZ-11 30.50 22.00 12.00 32.00 25.00 14.50 C 12.00 F 14.50 FEZ-12 24.00 15.75 5.75 25.50 18.75 7.25 C 5.75 F 7.25 FEZ-13 21.75 13.25 8.25 23.25 16.25 8.50 C 8.25 F 8.50 FEZ-14 21.25 12.75 12.25 22.75 15.75 12.50 C 12.25 F 12.50 FEZ-15 7.75 6.00 4.75 16.25 11.50 18.25 C 4.75 E 11.50 Dam Inundation Scenario DIZ-01 4.75 4.00 - 6.75 12.50 - B 4.00 D 6.75 DIZ-02 8.00 3.50 - 10.25 6.00 - B 3.50 E 6.00 DIZ-03 7.25 5.25 - 16.00 9.50 - B 5.25 E 9.50 DIZ-04 7.75 6.00 - 15.75 9.25 - B 6.00 E 9.25 DIZ-05 10.50 8.75 - 19.25 12.75 - B 8.75 E 12.75 Page 688 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-18 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-6: Evacuation Routes to Gateway A – Fire Evacuation Zones (FEZ) Page 689 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-19 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-7: Evacuation Routes to Gateway A – Dam Inundation Zones (DIZ) Page 690 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-20 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-8: Evacuation Routes to Gateway B – Fire Evacuation Zones (FEZ) Page 691 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-21 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-9: Evacuation Routes to Gateway B – Dam Inundation Zones (DIZ) Page 692 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-22 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-10: Evacuation Routes to Gateway C – Fire Evacuation Zones (FEZ) Page 693 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-23 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-11: Evacuation Routes to Gateway D – Fire Evacuation Zones (FEZ) Page 694 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-24 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-12: Evacuation Routes to Gateway D – Dam Inundation Zones (DIZ) Page 695 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-25 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-13: Evacuation Routes to Gateway E – Fire Evacuation Zones (FEZ) Page 696 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-26 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-14: Evacuation Routes to Gateway E – Dam Inundation Zones (DIZ) Page 697 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-27 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-15: Evacuation Routes to Gateway F – Fire Evacuation Zones (FEZ) Page 698 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-28 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-16: Evacuation Routes to the Nearest Gateway - Fire Hazard Scenario Page 699 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 2-29 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Exhibit 2-17: Evacuation Routes to the Nearest Gateway – Flood Inundation Scenario Page 700 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 3-1 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA 3.0 Safety & Traffic Control Considerations As noted earlier, at‐grade intersections will likely become the first bottleneck locations once the evacuation is fully underway. During these conditions traffic signals and stop sign controls will not be able to efficiently and safely manage the evacuation traffic demand pattern. In order to maintain a safe and efficient traffic flow, it will be necessary to allocate right-of-way time to the respective competing evacuation traffic flows by imposing some form of proactive control. During evacuation conditions, manual control at the most critical intersections should be provided by designated traffic control personnel. Considering the designated evacuation routing for the City’s evacuation zones and the points where major evacuating traffic flows will be merging, it is recommended that manual traffic control be considered at the locations identified in Table 3-1 and shown in Exhibit 3-1. Exhibit 3-1: Manual Traffic Control Points The need for manual traffic control at these locations will be determined by the Evacuation Coordinator and Emergency Operations Manager. Locations that should have manual traffic control established will depend on the hazard scenario being addressed and the evacuation zones that are ordered to be evacuated. In most cases, the City’s Police Department would be responsible for providing the personnel needed for the manual traffic control function. Page 701 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 3-2 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Table 3-1: Recommended Traffic Control Point Locations ID Location Existing Traffic Control 1 E St and East I-5 On/Off Ramps SIGNAL 2 E St and Broadway SIGNAL 3 E St and 4th Ave SIGNAL 4 Bonita Rd and West I-805 On/Off Ramps SIGNAL 5 Bonita Rd and East I-805 On/Off Ramps SIGNAL 6 Bonita Rd and Willow St SIGNAL 7 Bonita Rd and Otay Lakes Rd SIGNAL 8 H St and West I-5 On/Off Ramps SIGNAL 9 H St and East I-5 On/Off Ramps SIGNAL 10 H St and Broadway SIGNAL 11 H St and 4th Ave SIGNAL 12 E H St and West I-805 On/Off Ramps SIGNAL 13 E H St and East I-805 On/Off Ramps SIGNAL 14 E H St and Paseo Ranchero SIGNAL 15 E H St and Otay Lakes Rd SIGNAL 16 E H St West 125 On/Off Ramp SIGNAL 17 E H St East 125 On/Off Ramp SIGNAL 18 Proctor Valley Rd and Hunte Pkwy SIGNAL 19 Bay Blvd and West I-5 On/Off Ramps SIGNAL 20 Industrial Blvd and East I-5 On/Off Ramps SIGNAL 21 L St and Broadway SIGNAL 22 L St and 4th Ave SIGNAL 23 Telegraph Canyon Rd and West I-805 On/Off Ramps SIGNAL 24 Telegraph Canyon Rd and East I-805 On/Off Ramps SIGNAL 25 Telegraph Canyon Rd and Paseo Ranchero SIGNAL 26 Otay Lakes Rd and La Media Rd SIGNAL 27 Otay Lakes Rd and West 125 On/Off Ramp SIGNAL 28 Otay Lakes Rd and East 125 On/Off Ramp SIGNAL 29 Otay Lakes Rd and Eastlake Pkwy SIGNAL 30 Otay Lakes Rd and Hunte Pkwy SIGNAL 31 Palomar St and West I-5 On/Off Ramps SIGNAL 32 Palomar St and East I-5 On/Off Ramps SIGNAL 33 Palomar St and Broadway SIGNAL 34 Orange Ave and 4th Ave SIGNAL 35 Olympic Pkwy and West I-805 On/Off Ramps SIGNAL 36 Olympic Pkwy and East I-805 On/Off Ramps SIGNAL 37 Olympic Pkwy and Hertiage Rd SIGNAL 38 Olympic Pkwy and La Media Rd SIGNAL 39 Olympic Pkwy and West 125 On/Off Ramps SIGNAL 40 Olympic Pkwy and East 125 On/Off Ramps SIGNAL 41 Olympic Pkwy and Eastlake Pkwy SIGNAL Page 702 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 3-3 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA ID Location Existing Traffic Control 42 Olympic Pkwy and Hunte Pkwy SIGNAL 43 Birch Rd and La Media Rd SIGNAL 44 Birch Rd and Eastlake Pkwy SIGNAL 45 Main St and Broadway SIGNAL 46 Main St and 4th Ave SIGNAL 47 Main St and West I-805 On/Off Ramps SIGNAL 48 Main St and East I-805 On/Off Ramps SIGNAL Page 703 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 4-1 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA 4.0 Primary Evacuation Scenarios Through coordination with the City’s Public Works Department, as well as the Police and Fire Departments, two representative emergency scenarios have been identified which would require an evacuation of populations within select evacuation zones within the City. The two emergency scenarios include a potential fire hazard scenario and a potential dam inundation scenario. The following sections present a discussion of each emergency scenario along with the identification of corresponding evacuation procedures and recommendations for facilitating the evacuation in the event of a significant emergency. 4.1. Scenario 1 – Wildfire Hazard This scenario represents a potential fire hazard approaching from the east through the San Diego National Wildlife Refuge, Proctor Valley, and the Otay Open Space Preserve burning towards the City limits. As identified in the Vulnerability Assessment, portions of the City along the easterly and southerly boundaries are identified as very high hazard zones – see Attachment C. A wildfire in any of these zones could potentially spread into the City and threaten residential structures but are unlikely to immediately impact critical facilities. As shown in Table 4-1, facilities within the fire hazard zones include the several pump stations, the Chula Vista Transit Center, and the Fresnius Medical Care (Marina Bay). Table 4-1: Facilities in a Fire Evacuation Zone (FEZ) Map ID Name Evacuation Zone Transportation 3 Chula Vista Transit FEZ-2 5 CVESD School Bus Corp Yard FEZ-2 Bridges 1 Sweetwater Rvr (Willow St) (ID 57C0011) FEZ-15 20 Otay River (Heritage Rd) (ID 57C0670) FEZ-4 21 Otay River (Heritage Rd) (ID 57C0670) FEZ-15 22 Salt Creek (Stone Gate) (ID 57C0841) FEZ-10 23 Poggi Canyon (Olympic Pkwy) (ID 57C0842) FEZ-3 24 Poggi Canyon (Heritage Road) (ID 57C0843) FEZ-2 / FEZ-3 31 Olympic Pkwy Poc (E. Palomar) (ID 57C0850) FEZ-5 33 Otay Ranch Hs Poc (ID 57C0852) FEZ-3 34 Salt Creek (Rambling Vista Rd) (ID 57C0860) FEZ-8 Health Care 7 Fresnius Medical Care Marina Bay FEZ-9 Wastewater 5 Wastewater Pump Station FEZ-11 6 Wastewater Pump Station FEZ-6 7 Wastewater Pump Station FEZ-7 10 Wastewater Pump Station - Olympic Training Center FEZ-10 14 Wastewater Pump Station - Salt Creek Park FEZ-8 Page 704 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 4-2 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Table 4-2 summarizes the number of residential buildings for each of the evacuation zones within the fire hazard zone and the estimated number of vehicles associated with these residences. The estimated number of personal vehicles is based on vehicle ownership data prepared by County of San Diego, Health and Human Services Agency, Public Health Services, Community Health Statistics Unit (2023) for the City of Chula Vista. Table 4-2: Fire Evacuation Zone Demographics Zone Estimated Number of Residences Estimated Number of Personal Vehicles FEZ-1 1688 3,020 FEZ-2 1122 2,007 FEZ-3 3001 5,369 FEZ-4 1711 3,061 FEZ-5 2083 3,726 FEZ-6 3520 6,297 FEZ-7 3278 5,864 FEZ-8 2489 4,453 FEZ-9 1670 2,988 FEZ-10 631 1,129 FEZ-11 1293 2,313 FEZ-12 1089 1,948 FEZ-13 1317 2,356 FEZ-14 915 1,637 FEZ-15 177 317 Total 25,984 46,485 If a fire hazard were to occur in the hills and open space to the east of the City, Evacuations Zones FEZ-6, FEZ-8, and FEZ-10 through FEZ-13 would potentially experience the highest risk since they are located along the City’s eastern boundary closest to the fire hazard. Residents in each of these zones should be directed to travel west, away from the fire hazard. As shown in the travel time assessment above, the closest gateway to these zones are along SR-125 toll road (Gateway C to the north and Gateway F to the south). However, depending on the nature, origin, and direction of a potential fire hazard, these gateways may lead them closer to the hazard and evacuees in this case should be directed to continue west toward other gateways. The estimated travel time from these zones to the closest gateways ranges from 5.75 minutes to approximately 12 minutes; however, as discussed in Section 1.2.6, these travel time estimates are not equivalent to evacuation times and should only be uses as a relative comparison for individual zones. If a fire hazard were to occur in the Otay River Basin to the south of the City, Evacuations Zones FEZ-2, FEZ-4, and FEZ-6 would potentially experience the highest risk since they are located along the City’s south eastern boundary closest to the fire hazards. While the closest gateways (Gateway E and Gateway F) show relatively fast travel times, these gateways would likely lead them closer to the hazard and residents should instead be advised to travel north towards Gateway B and Gateway C. Page 705 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 4-3 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA The evacuation routes serving these hazard zones, including Proctor Valley Road/East H Street, Otay Lakes Road / Telegraph Canyon Road, and Olympic Parkway are either 4-lane or 6-lanefacilities (two to three lanes in each direction) with a one-way outbound evacuation capacity of between 2,390 and 3,590 vehicles-per-hour (vph). In total, all fire hazard evacuation zones throughout the City have an estimate of 25,984 dwelling units, or approximately 46,485 vehicles that could potentially be evacuated due to a fire hazard. However, with the multiple evacuation route options available to residents, it is unlikely that each resident would take exactly the same route. Additionally, the staggered evacuation response by evacuating residents would also spread the evacuating traffic loading on the evacuation routes over time. Therefore, the available capacity of the roadway network is estimated to be sufficient for this hazard scenario. To avoid significant congestion, incremental evacuation of these zones should be considered if advanced warning of the fire hazard permits. In addition, while SR-125 is a toll road that charges a fee to use (typically via a transponder or license plate reader), under emergency conditions it is imperative that toll fee collection be suspended until the evacuation orders are lifted. This limits the level of conflicts residents would face during an evacuation and helps to disperse evacuation traffic loading throughout the evacuation route network. 4.2. Scenario 2 – Dam Inundation This scenario represents a potential failure at the Sweetwater Main Dam and Reservoir which lies approximately 1.5 miles to the north of the City limits. A failure at the dam could potentially inundate residential neighborhoods and critical facilities shown in Table 4-3. Dam inundation maps are provided in Attachment D. A failure at the Sweetwater Main Dam would follow the Sweetwater River through the Bonita Golf Club, Sweetwater Regional Park, Chula Vista Golf Course, the Sweetwater River Park before finally reaching the San Diego Bay. Within the City limits, the homes surrounding the Chula Vista Golf Course between Bonita Road and Sweetwater Road would experience the highest threat levels. The inundation maps show that flood waters flow downhill following lower elevations toward the San Diego Bay and would reach a maximum depth of more than 18 feet on average and potentially up to 42 feet. The maps show initial floodwaters would reach the Chula Vista Golf Course within 22 minutes with a maximum flood depth of 29 feet at it’s peak (within 41 minutes). Floodwaters would continue to flow towards San Diego Bay and reach the I-805 interchange in approximately 55 minutes with the sections of SR-54 at risk of being flooded. The Flood inundation maps show that water would likely flow along the SR- 54 under reach the I-5 interchange within 1 hour and 23 minutes. This flooding would likely impact the availability of evacuation routes and could hinder the efficient evacuation in the event of an emergency scenario. Evacuation routing should follow a path to higher ground (higher elevation) away from the flood zone (i.e., south). While the nearest gateway (Gateway B) to the evacuation zones show travel times between 3.5 minutes and 8.75 minutes, this could be potentially be impacted by the flood inundation hazard and evacuees should be directed toward other gateways via alternate routes. Page 706 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 4-4 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA It should also be noted that the SR-125, I-805, and I-5 freeways are elevated roadways and are not anticipated to be significantly impacted by floodwaters. However, the SR-54 roadway is at a lower elevation and would experience the highest threat of flood as it travels parallel to the Sweetwater River. Table 4-3: Facilities in a Dam Inundation Zone (DIZ) Map ID Name Evacuation Zone Transportation 1 Bayfront E St. Trolley Station DIZ-1 Bridges 1 Sweetwater Rvr (Willow St) (ID 57C0011) DIZ-4 / DIZ-5 2 Sweetwater Rvr (N. 2Nd St.) (ID 57C0235) DIZ-2 21 Sweetwater River (Central Ave) (ID 57C0701) DIZ-4 / DIZ-5 Health Care 6 Fredericka Manor Care Center DIZ-2 Table 4-4 summarizes the number of residential buildings for each of the evacuation zones effected by the dam inundation hazard scenario and the estimated number of vehicles associated with these residences. Table 4-4: Dam Inundation Zone (DIZ) Demographics Zone Estimated Number of Residences Estimated Number of Personal Vehicles DIZ-1 420 751 DIZ-2 1,745 3,122 DIZ-3 269 481 DIZ-4 177 317 DIZ-5 513 918 SUM 3,124 5,589 Dam Inundation Zones DIZ-4 and DIZ-5 would be immediately threatened by this potential dam inundation hazard. Zone DIZ-4 should be directed to head north outside of the City limits via Sweetwater Road towards Gateway B or Gateway C (nearest) and could potentially evacuate an estimated 177 dwelling units, or 317 vehicles. Sweetwater Road is a 2-lane facility (one lane in each direction) with a one-way outbound capacity of 1,200 vehicles-per-hour (vph). Zone DIZ-5 should be directed south on Otay Lakes Road, which is a 4-lane facility (two lanes in each direction) with a one-way outbound evacuation capacity of 2,390 vehicles-per-hour-per (vph). All of Zone DIZ-5 could potentially evacuate an estimated 513 dwelling units, or 918 vehicles, however only those residents north of Allen School Lane are shown to be at risk of flooding. It should be noted that the Willow Street Bridge connecting Bonita Road and Sweetwater Road over the river, while elevated, could be potentially at risk of flooding and should not be utilized. Similarly, Bonita Road runs parallel to the river and is also at risk of flooding and should not be utilized. With the multiple evacuation route options available to residents, it is unlikely that each resident would take exactly the same route. The dispersion of traffic would reduce the evacuation loading on any given Page 707 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment January 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Attachment A: Zonehaven Information Page 708 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 709 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fire Hazard Zone Zonehaven Reference Dam Inundation Zone Zonehaven Reference 2515 2417 2521 2420 2592 2424 2593 2355 2594 2359 2525 2429 2526 DIZ-3 2368 2528 DIZ-4 2367 2596 2367 2351 2370 2534 2597 2530 2532 2533 2535 2536 2537 2538 2539 2540 2541 2542 2598 2453 2454 2455 2456 2457 2458 2459 2460 2461 2380 2381 2383 2384 2385 2386 2387 2388 2304 2382 2302 2305 2375 2378 2379 2300 2372 2374 FHZ-14 2367 2370 2441 FHZ-1 DIZ-1 DIZ-2 DIZ-5 Zonehaven Correspondence Tables - City of Chula Vista FHZ-11 FHZ-13 FHZ-15 FHZ-2 FHZ-3 FHZ-4 FHZ-5 FHZ-7 FHZ-8 FHZ-9 FHZ-10 FHZ-12 FHZ-6 Page 710 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment January 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Attachment B: Travel Time Calculations Page 711 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda A 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time 5th Ave 1330 25 0.60 1 1 0.50 1.10 1.25 C St 1340 35 0.44 1 0.33 0.77 1.00 N 4th Ave 2600 35 0.84 3 1.00 1.84 2.00 I-54 Freeway 4800 65 0.84 0.00 0.84 1.00 Total Route 10070 2.72 5 1 1.83 4.55 4.75 E St 2200 35 0.71 2 0.67 1.38 1.50 E St 4000 30 1.52 3 1.00 2.52 2.75 E St 4700 30 1.78 4 1.33 3.11 3.25 I-5 Freeway 4600 65 0.80 0.00 0.80 1.00 Total Route 15500 4.81 9 0 3.00 7.81 8.00 Allen School Rd 1800 25 0.82 1 1 0.50 1.32 1.50 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7300 50 1.66 1 0.33 1.99 2.00 I-805 Freeway 6000 65 1.05 0.00 1.05 1.25 I-54 Freeway 11000 65 1.92 0.00 1.92 2.00 Total Route 27800 5.93 3 1 1.17 7.10 7.25 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Sweetwater Rd 1800 45 0.45 1 0.33 0.79 1.00 Sweetwater Rd 2100 45 0.53 1 0.33 0.86 1.00 Plaza Bonita Centerway 1500 40 0.43 1 0.33 0.76 1.00 Reo Dr 650 40 0.18 2 0.67 0.85 1.00 SR-54 Highway 15500 65 2.71 1 0.33 3.04 3.25 Total Route 25850 5.39 7 0 2.33 7.72 7.75 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 5400 50 1.23 2 0.67 1.89 2.00 Otay Lakes Rd 1400 40 0.40 1 0.33 0.73 0.75 Bonita Rd 1700 40 0.48 2 0.67 1.15 1.25 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7300 50 1.66 1 0.33 1.99 2.00 I-805 Freeway 6000 65 1.05 0.00 1.05 1.25 I-54 Freeway 11000 65 1.92 0.00 1.92 2.00 Total Route 87100 7.63 8 1 2.83 10.46 10.50 Brandywine Ave 1270 40 0.36 1 0.33 0.69 0.75 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 600 40 0.17 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 850 40 0.24 1 0.33 0.57 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 670 40 0.19 1 0.33 0.52 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 I-5 Freeway 4100 65 0.72 0.00 0.72 0.75 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 39590 9.31 20 0 6.67 15.97 16.00 Brandywine Ave 2600 35 0.84 2 0.67 1.51 1.75 Main St 2000 45 0.51 3 1.00 1.51 1.75 Main St 1400 40 0.40 1 0.33 0.73 0.75 Main St 2500 40 0.71 1 0.33 1.04 1.25 Main St 1700 40 0.48 2 0.67 1.15 1.25 Main St 3400 40 0.97 2 0.67 1.63 1.75 Main St 2100 40 0.60 2 0.67 1.26 1.50 Main St 1250 40 0.36 1 0.33 0.69 0.75 Main St 2800 40 0.80 1 0.33 1.13 1.25 Main St 1100 40 0.31 1 0.33 0.65 0.75 I-5 Freeway 3570 65 0.62 0.00 0.62 0.75 I-5 Freeway 4100 65 0.72 0.00 0.72 0.75 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 42520 9.75 16 0 5.33 15.09 15.25 Santa Victoria Rd 2400 25 1.09 1 2 0.67 1.76 2.00 Heritage Rd 2300 40 0.65 1 0.33 0.99 1.00 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 570 40 0.16 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 820 40 0.23 1 0.33 0.57 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 670 40 0.19 1 0.33 0.52 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1450 40 0.41 2 0.67 1.08 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 DIZ-4 DIZ-5 Assumed delay (seconds) DIZ-1 DIZ001-A FHZ-3 DIZ-2 DIZ002-A DIZ-3 DIZ003-A FHZ-1 FHZ-2 Gateway Destination FHZ001-A FHZ002-A FHZ003-A DIZ004-A DIZ005-A Page 712 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda A 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Assumed delay (seconds)Gateway Destination I-5 Freeway 4100 65 0.72 0.00 0.72 0.75 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 51810 12.69 22 2 7.67 20.38 20.50 La Media Pkwy 2400 25 1.09 1 2 0.67 1.76 2.00 La Media Rd 1800 25 0.82 1 1 0.50 1.32 1.50 La Media Rd 3800 45 0.96 1 0.33 1.29 1.50 La Media Rd 2800 45 0.71 2 0.67 1.37 1.50 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 570 40 0.16 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 900 40 0.26 1 0.33 0.59 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 670 40 0.19 1 0.33 0.52 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 I-5 Freeway 4100 65 0.72 0.00 0.72 0.75 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 63840 15.87 28 3 9.83 25.72 25.75 Magdalena Ave 1500 25 0.68 2 1 0.83 1.52 1.75 E Palomar St 600 25 0.27 1 0.33 0.61 0.75 E Palomar St 1230 35 0.40 1 0.33 0.73 0.75 Olympic Pkwy 2700 50 0.61 1 0.33 0.95 1.00 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 9000 50 2.05 1 0.33 2.38 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1320 45 0.33 2 0.67 1.00 1.00 E Orange Ave 600 40 0.17 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 900 40 0.26 1 0.33 0.59 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 700 40 0.20 1 0.33 0.53 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 I-5 Freeway 4100 65 0.72 0.00 0.72 0.75 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 59150 14.28 28 1 9.50 23.80 24.00 Windingwalk St 2000 25 0.91 1 0.33 1.24 1.25 Olympic Pkwy 3300 50 0.75 2 0.67 1.42 1.50 Olympic Pkwy 5500 50 1.25 3 1.00 2.25 2.25 Olympic Pkwy 2700 50 0.61 1 0.33 0.95 1.00 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 9000 50 2.05 1 0.33 2.38 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 570 40 0.16 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 900 40 0.26 1 0.33 0.59 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 700 40 0.20 1 0.33 0.53 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 I-5 Freeway 4100 65 0.72 0.00 0.72 0.75 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 66670 15.85 30 0 10.00 25.87 26.00 Clubhouse Dr 2100 35 0.68 2 0.67 1.35 1.50 Eastlake Pkwy 2900 40 0.82 2 0.67 1.49 1.50 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 1400 35 0.45 3 1.00 1.45 1.50 E L St 1100 25 0.50 1 0.33 0.83 1.00 E L St 3400 35 1.10 3 1.00 2.10 2.25 FHZ006-A FHZ005-A FHZ-7 FHZ007-A FHZ-4 FHZ-5 FHZ-6 FHZ004-A Page 713 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda A 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Assumed delay (seconds)Gateway Destination L St 4000 35 1.30 3 1.00 2.30 2.50 L St 2700 25 1.23 2 0.67 1.89 2.00 L St 3300 35 1.07 2 0.67 1.74 1.75 Industrial Blvd 800 40 0.23 1 0.17 0.39 0.50 I-5 Freeway 1000 65 0.17 0.00 0.17 0.25 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 63600 16.19 32 1 10.83 27.01 27.25 Clubhouse Dr 2600 35 0.84 1 1 0.50 1.34 1.50 Hunte Pkwy 3200 45 0.81 2 0.67 1.47 1.50 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 1400 35 0.45 3 1.00 1.45 1.50 E L St 1100 25 0.50 1 0.33 0.83 1.00 E L St 3400 35 1.10 3 1.00 2.10 2.25 L St 4000 35 1.30 3 1.00 2.30 2.50 L St 2700 25 1.23 2 0.67 1.89 2.00 L St 3300 35 1.07 2 0.67 1.74 1.75 Industrial Blvd 800 40 0.23 1 0.17 0.39 0.50 I-5 Freeway 1000 65 0.17 0.00 0.17 0.25 I-5 Freeway 14000 65 2.45 0.00 2.45 2.50 Total Route 69400 17.47 34 2 11.67 29.12 29.25 Lane Ave 2000 40 0.57 1 1 0.50 1.07 1.25 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 I-5 Freeway 8000 65 1.40 0.00 1.40 1.50 Total Route 57000 14.51 33 1 11.17 25.68 25.75 Northwoods Dr 360 25 0.16 1 0.17 0.33 0.50 Adirondack Pl 510 25 0.23 0.00 0.23 0.25 Stone Gate St 1800 35 0.58 1 1 0.50 1.08 1.25 Hunte Pkwy 3900 45 0.98 1 1 0.50 1.48 1.50 Proctor Valley Rd 1500 45 0.38 1 0.33 0.71 0.75 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 I-5 Freeway 8000 65 1.40 0.00 1.40 1.50 Total Route 63070 16.28 35 3 12.17 28.44 28.50 Agua Vista Dr 1700 25 0.77 2 0.33 1.11 1.25 Agua Vista Dr 3500 25 1.59 2 0.33 1.92 2.00 Proctor Valley Rd 3100 45 0.78 1 1 0.50 1.28 1.50 Proctor Valley Rd 1400 45 0.35 1 0.33 0.69 0.75 Proctor Valley Rd 1500 45 0.38 1 0.33 0.71 0.75 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 FHZ-8 FHZ-9 FHZ008-A FHZ009-A FHZ010-A FHZ011-A FHZ-10 FHZ-11 Page 714 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda A 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Assumed delay (seconds)Gateway Destination I-5 Freeway 8000 65 1.40 0.00 1.40 1.50 Total Route 66200 17.82 2 5 12.50 30.32 30.50 Mt Miguel Rd 1200 40 0.34 1 0.33 0.67 0.75 Mt Miguel Rd 800 40 0.23 1 0.33 0.56 0.75 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 I-5 Freeway 8000 65 1.40 0.00 1.40 1.50 Total Route 53300 13.57 31 0 10.33 23.91 24.00 Rue Chamond 200 25 0.09 1 0.17 0.26 0.50 Port Renwick 1600 25 0.73 1 0.17 0.89 1.00 Corral Canyon Rd 1900 40 0.54 1 0.33 0.87 1.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 I-5 Freeway 8000 65 1.40 0.00 1.40 1.50 Total Route 47800 12.54 26 2 9.00 21.55 21.75 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 I-5 Freeway 8000 65 1.40 0.00 1.40 1.50 Total Route 47200 11.89 27 1 9.17 21.08 21.25 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Sweetwater Rd 1800 45 0.45 1 0.33 0.79 1.00 Sweetwater Rd 2100 45 0.53 1 0.33 0.86 1.00 Plaza Bonita Centerway 1500 40 0.43 1 0.33 0.76 1.00 Reo Dr 700 40 0.20 2 0.67 0.87 1.00 SR-54 Highway 5800 65 1.01 1 0.33 1.35 1.50 SR-54 Highway 9700 65 1.70 0.00 1.70 1.75 Total Route 25900 5.41 7 0 2.33 7.75 7.75 FHZ-15 FHZ014-A FHZ015-A FHZ-14 FHZ012-A FHZ013-AFHZ-13 FHZ-12 Page 715 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda B 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Broadway 1400 35 0.45 3 1.00 1.45 1.50 National City Blvd 1100 35 0.36 2 0.67 1.02 1.25 I-54 Freeway 8500 65 1.49 0.00 1.49 1.50 Total Route 11000 2.30 5 0 1.67 3.96 4.00 Bonita Rd 800 35 0.26 2 0.67 0.93 1.00 Bonita Rd 1200 35 0.39 2 0.67 1.06 1.25 I-805 Freeway 6100 65 1.07 1 0.33 1.40 1.50 Total Route 19100 1.72 5 0 1.67 3.39 3.50 Allen School Rd 1800 25 0.82 1 1 0.50 1.32 1.50 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7300 50 1.66 1 0.33 1.99 2.00 I-805 Freeway 6100 65 1.07 0.00 1.07 1.25 Total Route 16900 4.03 3 1 1.17 5.20 5.25 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Sweetwater Rd 1800 45 0.45 1 0.33 0.79 1.00 Sweetwater Rd 2100 45 0.53 1 0.33 0.86 1.00 Sweetwater Rd 3500 45 0.88 3 1.00 1.88 2.00 Sweetwater Rd 2700 45 0.68 1 0.33 1.02 1.25 Total Route 14400 3.64 7 0 2.33 5.97 6.00 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 5400 50 1.23 2 0.67 1.89 2.00 Otay Lakes Rd 1400 40 0.40 1 0.33 0.73 0.75 Bonita Rd 1700 40 0.48 2 0.67 1.15 1.25 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7300 50 1.66 1 0.33 1.99 2.00 I-805 Freeway 6100 65 1.07 0.00 1.07 1.25 Total Route 24500 5.73 8 1 2.83 8.56 8.75 Brandywine Ave 1100 40 0.31 1 0.33 0.65 0.75 E Palomar St 2050 35 0.67 1 0.33 1.00 1.00 E Palomar St 1400 35 0.45 2 0.67 1.12 1.25 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 25050 5.02 4 0 1.33 6.35 6.50 Brandywine Ave 2700 35 0.88 2 0.67 1.54 1.75 Main St 2000 45 0.51 2 0.67 1.17 1.25 I-805 Freeway 4000 65 0.70 1 0.33 1.03 1.25 I-805 Freeway 3400 65 0.59 0.00 0.59 0.75 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 32600 6.26 5 0 1.67 7.91 8.00 Santa Victoria Rd 2000 25 0.91 1 2 0.67 1.58 1.75 Heritage Rd 2300 40 0.65 1 0.33 0.99 1.00 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 2700 45 0.68 3 1.00 1.68 1.75 I-805 Freeway 3400 65 0.59 1 0.33 0.93 1.00 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 39800 8.45 7 2 2.67 11.12 11.25 La Media Pkwy 2400 25 1.09 1 2 0.67 1.76 2.00 La Media Rd 1800 25 0.82 1 1 0.50 1.32 1.50 La Media Rd 3800 45 0.96 1 0.33 1.29 1.50 La Media Rd 2800 45 0.71 2 0.67 1.37 1.50 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 2700 45 0.68 3 1.00 1.68 1.75 I-805 Freeway 3400 65 0.59 1 0.33 0.93 1.00 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 52100 11.78 13 3 4.83 16.61 16.75 Magdalena Ave 1500 25 0.68 2 1 0.83 1.52 1.75 E Palomar St 600 25 0.27 1 0.33 0.61 0.75 E Palomar St 1230 35 0.40 1 0.33 0.73 0.75 Olympic Pkwy 2700 50 0.61 1 0.33 0.95 1.00 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 2700 45 0.68 3 1.00 1.68 1.75 I-805 Freeway 3400 65 0.59 1 0.33 0.93 1.00 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 47330 10.17 13 1 4.50 14.68 14.75 Windingwalk St 2000 25 0.91 1 0.33 1.24 1.25 Olympic Pkwy 3300 50 0.75 2 0.67 1.42 1.50 Olympic Pkwy 5500 50 1.25 3 1.00 2.25 2.25 Olympic Pkwy 2700 50 0.61 1 0.33 0.95 1.00 Gateway Destination Assumed delay (seconds) DIZ-1 DIZ001-B DIZ002-B DIZ003-B DIZ-2 DIZ-3 DIZ-4 DIZ004-B FHZ-1 DIZ-5 DIZ005-B FHZ001-B FHZ-2 FHZ-3 FHZ003-B FHZ-4 FHZ004-B FHZ002-B FHZ-5 FHZ005-B Page 716 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda B 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 2700 45 0.68 3 1.00 1.68 1.75 I-805 Freeway 3400 65 0.59 1 0.33 0.93 1.00 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 54800 11.72 15 0 5.00 16.73 16.75 Clubhouse Dr 2100 35 0.68 2 0.67 1.35 1.50 Eastlake Pkwy 2900 40 0.82 2 0.67 1.49 1.50 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 I-805 Freeway (Ramp)1600 65 0.28 0.00 0.28 0.50 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 47300 10.38 18 0 6.00 16.38 16.50 Clubhouse Dr 2600 35 0.84 1 1 0.50 1.34 1.50 Hunte Pkwy 3200 45 0.81 2 0.67 1.47 1.50 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 I-805 Freeway (Ramp)1600 65 0.28 0.00 0.28 0.50 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 53100 11.66 20 1 6.83 18.49 18.50 Lane Ave 2000 40 0.57 1 1 0.50 1.07 1.25 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2300 45 0.58 0.00 0.58 0.75 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 44400 10.50 20 1 6.83 17.33 17.50 Northwoods Dr 360 25 0.16 1 0.17 0.33 0.50 Adirondack Pl 510 25 0.23 0.00 0.23 0.25 Stone Gate St 1800 35 0.58 1 1 0.50 1.08 1.25 Hunte Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 I-805 Freeway (Ramp)1600 65 0.28 0.00 0.28 0.50 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 51770 11.44 20 2 7.00 18.44 18.50 Agua Vista Dr 1700 25 0.77 2 0.33 1.11 1.25 Agua Vista Dr 3500 25 1.59 2 0.33 1.92 2.00 Proctor Valley Rd 3100 45 0.78 1 1 0.50 1.28 1.50 Proctor Valley Rd 1400 45 0.35 1 0.33 0.69 0.75 Proctor Valley Rd 1500 45 0.38 1 0.33 0.71 0.75 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2300 45 0.58 0.00 0.58 0.75 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 53600 13.81 22 5 8.17 21.97 22.00 Mt Miguel Rd 1200 40 0.34 1 0.33 0.67 0.75 Mt Miguel Rd 800 40 0.23 1 0.33 0.56 0.75 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 FHZ-6 FHZ006-B FHZ-7 FHZ007-B FHZ-8 FHZ-9 FHZ-10 FHZ008-B FHZ009-B FHZ010-B FHZ-11 FHZ-12 FHZ011-B FHZ012-B Page 717 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda B 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2300 45 0.58 0.00 0.58 0.75 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 40700 9.56 18 0 6.00 15.56 15.75 Rue Chamond 200 25 0.09 1 0.17 0.26 0.50 Port Renwick 1600 25 0.73 1 0.17 0.89 1.00 Corral Canyon Rd 1900 40 0.54 1 0.33 0.87 1.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2300 45 0.58 0.00 0.58 0.75 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 35200 8.53 13 2 4.67 13.20 13.25 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2300 45 0.58 0.00 0.58 0.75 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 Total Route 34600 57.89 14 1 4.83 12.73 12.75 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Sweetwater Rd 1800 45 0.45 1 0.33 0.79 1.00 Sweetwater Rd 2100 45 0.53 1 0.33 0.86 1.00 Sweetwater Rd 3500 45 0.88 3 1.00 1.88 2.00 Sweetwater Rd 2700 45 0.68 1 0.33 1.02 1.25 Total Route 83600 69.41 35 2 2.33 5.97 6.00 FHZ014-B FHZ015-B FHZ-14 FHZ-15 FHZ-13 FHZ013-B Page 718 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda C 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Brandywine Ave 1100 40 0.31 1 0.33 0.65 0.75 E Palomar St 2050 35 0.67 1 0.33 1.00 1.00 E Palomar St 1400 35 0.45 2 0.67 1.12 1.25 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 I-54 Freeway 21800 65 3.81 0.00 3.81 4.00 Total Route 46850 8.83 4 0 1.33 10.16 10.25 Brandywine Ave 2500 35 0.81 2 0.67 1.48 1.50 Olympic Pkwy 45 0.00 0.00 0.00 0.00 Olympic Pkwy 2700 45 0.68 3 1.00 1.68 1.75 I-805 Freeway 3400 65 0.59 1 0.33 0.93 1.00 I-805 Freeway 6700 65 1.17 0.00 1.17 1.25 I-805 Freeway 5000 65 0.87 0.00 0.87 1.00 I-805 Freeway 8800 65 1.54 0.00 1.54 1.75 I-54 Freeway 21800 65 3.81 0.00 3.81 4.00 Total Route 50900 9.48 6 0 2.00 11.48 11.50 Santa Victoria Rd 2800 25 1.27 1 2 0.67 1.94 2.00 Birch Rd 1000 25 0.45 1 0.33 0.79 1.00 Birch Rd 1500 50 0.34 1 0.33 0.67 0.75 Birch Rd 3100 50 0.70 2 0.67 1.37 1.50 I-125 Freeway 11000 65 1.92 0.00 1.92 2.00 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 44800 9.14 5 2 2.00 11.13 11.25 La Media Pkwy 2400 25 1.09 3 0.50 1.59 1.75 La Media Rd 1800 25 0.82 2 0.33 1.15 1.25 La Media Rd 3800 45 0.96 1 0.33 1.29 1.50 Birch Rd 1500 50 0.34 1 0.33 0.67 0.75 Birch Rd 3100 50 0.70 2 0.67 1.37 1.50 I-125 Freeway 11000 65 1.92 0.00 1.92 2.00 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 49000 10.28 4 5 2.17 12.43 12.50 Magdalena Ave 2200 25 1.00 2 1 0.83 1.83 2.00 Birch Rd 3100 50 0.70 2 0.67 1.37 1.50 I-125 Freeway 11000 65 1.92 0.00 1.92 2.00 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 41700 8.07 4 1 1.50 9.56 9.75 Windingwalk St 2300 25 1.05 2 0.33 1.38 1.50 Discovery Falls Dr 500 25 0.23 1 0.17 0.39 0.50 Birch Rd 1600 50 0.36 2 0.67 1.03 1.25 Birch Rd 1500 50 0.34 2 0.67 1.01 1.25 I-125 Freeway 9200 65 1.61 0.00 1.61 1.75 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 40500 8.03 4 3 1.83 9.86 10.00 Clubhouse Dr 2100 35 0.68 2 1 0.83 1.52 1.75 Eastlake Pkwy 2900 40 0.82 2 0.67 1.49 1.50 Otay Lakes Rd 1500 50 0.34 1 0.33 0.67 0.75 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 31900 6.29 5 1 1.83 8.12 8.25 Clubhouse Dr 2600 35 0.84 1 1 0.50 1.34 1.50 Hunte Pkwy 3200 45 0.81 2 0.67 1.47 1.50 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 1500 50 0.34 2 0.67 1.01 1.25 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 37700 7.57 8 1 2.83 10.40 10.50 Lane Ave 2000 40 0.57 1 1 0.50 1.07 1.25 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 1800 45 0.45 1 0.33 0.79 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 27500 5.45 5 1 1.83 7.29 7.50 Northwoods Dr 360 25 0.16 1 0.17 0.33 0.50 Adirondack Pl 510 25 0.23 0.00 0.23 0.25 Stone Gate St 1800 35 0.58 1 1 0.50 1.08 1.25 Hunte Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 1500 50 0.34 1 0.33 0.67 0.75 I-125 Freeway 5400 65 0.94 0.00 0.94 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 36370 7.35 7 2 2.67 10.01 10.25 Agua Vista Dr 1700 25 0.77 2 0.33 1.11 1.25 Agua Vista Dr 3500 25 1.59 2 0.33 1.92 2.00 Proctor Valley Rd 3100 45 0.78 1 1 0.50 1.28 1.50 Proctor Valley Rd 1400 45 0.35 1 0.33 0.69 0.75 FHZ-1 FHZ001-C Gateway Destination Assumed delay (seconds) FHZ003-C FHZ-4 FHZ002-C FHZ004-C FHZ-5 FHZ005-C FHZ-2 FHZ-3 FHZ-6 FHZ006-C FHZ-7 FHZ007-C FHZ-8 FHZ008-C FHZ-9 FHZ009-C FHZ-10 FHZ010-C FHZ-11 FHZ011-C Page 719 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda C 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) Proctor Valley Rd 1500 45 0.38 1 0.33 0.71 0.75 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 1800 45 0.45 1 0.33 0.79 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 36700 8.76 7 5 3.17 11.93 12.00 Mt Miguel Rd 1200 40 0.34 1 0.33 0.67 0.75 Mt Miguel Rd 800 40 0.23 1 0.33 0.56 0.75 E H St 1800 45 0.45 1 0.33 0.79 1.00 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 23800 4.52 3 0 1.00 5.52 5.75 Rue Chamond 200 25 0.09 1 0.17 0.26 0.50 Port Renwick 1600 25 0.73 1 0.17 0.89 1.00 Corral Canyon Rd 1900 40 0.54 1 0.33 0.87 1.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3400 45 0.86 2 0.67 1.53 1.75 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 30400 6.55 4.00 2.00 1.67 8.22 8.25 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3400 45 0.86 2 0.67 1.53 1.75 I-125 Freeway 20000 65 3.50 0.00 3.50 3.50 Total Route 37200 8.30 11.00 1.00 3.83 12.15 12.25 Sweetwater Rd 5300 45 1.34 1 0.33 1.67 1.75 Briarwood Rd 1100 35 0.36 1 0.33 0.69 0.75 Briarwood Rd 2000 35 0.65 2 0.67 1.32 1.50 I-54 Freeway 5500 65 0.96 0.00 0.96 1.00 Total Route 13900 3.31 4.00 0.00 1.33 4.64 4.75 FHZ-11 FHZ011-C FHZ-12 FHZ012-C FHZ-13 FHZ013-C FHZ-15 FHZ015-C FHZ014-CFHZ-14 Page 720 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda D 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Broadway 1330 25 0.60 3 1.00 1.60 1.75 E St 1960 30 0.74 3 1.00 1.74 1.75 I-5 Freeway 18355 65 3.21 0.00 3.21 3.25 Total Route 21645 4.56 6 0 2.00 6.55 6.75 E St 2200 35 0.71 2 0.67 1.38 1.50 E St 4000 30 1.52 3 1.00 2.52 2.75 E St 4700 30 1.78 4 1.33 3.11 3.25 I-5 Freeway 18355 65 3.21 0.00 3.21 3.25 Total Route 29255 7.22 9 0 3.00 10.22 10.25 Allen School Rd 1800 25 0.82 1 1 0.50 1.32 1.50 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7300 50 1.66 2 0.67 2.33 2.50 Bonita Rd 2072 50 0.47 3 1.00 1.47 1.50 E St 2200 35 0.71 1 0.33 1.05 1.25 E St 4000 30 1.52 3 1.00 2.52 2.75 E St 4610 30 1.75 4 1.33 3.08 3.25 I-5 Freeway 18355 65 3.21 0.00 3.21 3.25 Total Route 42037 10.62 15 1 5.17 15.80 16.00 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Willow St 1136 45 0.29 1 0.33 0.62 0.75 Bonita Rd 7300 50 1.66 2 0.67 2.33 2.50 Bonita Rd 2072 50 0.47 3 1.00 1.47 1.50 E St 2200 35 0.71 1 0.33 1.05 1.25 E St 4000 30 1.52 3 1.00 2.52 2.75 E St 4610 30 1.75 4 1.33 3.08 3.25 I-5 Freeway 18355 65 3.21 0.00 3.21 3.25 Total Route 43973 10.69 15 0 5.00 15.70 15.75 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 5400 50 1.23 2 0.67 1.89 2.00 Otay Lakes Rd 1400 40 0.40 1 0.33 0.73 0.75 Bonita Rd 1700 40 0.48 2 0.67 1.15 1.25 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7300 50 1.66 2 0.67 2.33 2.50 Bonita Rd 2072 50 0.47 3 1.00 1.47 1.50 E St 2200 35 0.71 1 0.33 1.05 1.25 E St 4000 30 1.52 3 1.00 2.52 2.75 E St 4610 30 1.75 4 1.33 3.08 3.25 I-5 Freeway 18355 65 3.21 0.00 3.21 3.25 Total Route 49637 12.31 20.00 1.00 6.83 19.16 19.25 Brandywine Ave 1270 40 0.36 1 0.33 0.69 0.75 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 600 40 0.17 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 850 40 0.24 1 0.33 0.57 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 670 40 0.19 1 0.33 0.52 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 Palomar St 700 35 0.23 1 0.33 0.56 0.75 I-5 Freeway 3700 65 0.65 0.00 0.65 0.75 Total Route 25890 7.02 21 0 7.00 14.01 14.25 Brandywine Ave 2600 35 0.84 2 0.67 1.51 1.75 Main St 2000 45 0.51 3 1.00 1.51 1.75 Main St 1400 40 0.40 1 0.33 0.73 0.75 Main St 2500 40 0.71 1 0.33 1.04 1.25 Main St 1700 40 0.48 2 0.67 1.15 1.25 Main St 3400 40 0.97 2 0.67 1.63 1.75 Main St 2100 40 0.60 2 0.67 1.26 1.50 Main St 1250 40 0.36 1 0.33 0.69 0.75 Main St 2800 40 0.80 1 0.33 1.13 1.25 Main St 1100 40 0.31 1 0.33 0.65 0.75 Total Route 20850 5.97 16 0 5.33 11.30 11.50 Santa Victoria Rd 2400 25 1.09 1 2 0.67 1.76 2.00 Heritage Rd 2300 40 0.65 1 0.33 0.99 1.00 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 570 40 0.16 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 820 40 0.23 1 0.33 0.57 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 670 40 0.19 1 0.33 0.52 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 DIZ-4 DIZ-5 Gateway Destination DIZ-3 DIZ004-D FHZ-1 FHZ001-D DIZ003-D DIZ005-D FHZ-2 FHZ002-D FHZ-3 FHZ003-D Assumed delay (seconds) DIZ-1 DIZ001-D DIZ-2 DIZ002-D Page 721 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda D 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) Orange Ave 1450 40 0.41 2 0.67 1.08 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 Palomar St 700 35 0.23 1 0.33 0.56 0.75 I-5 Freeway 3700 65 0.65 0.00 0.65 0.75 Total Route 38110 10.40 23 2 8.00 18.42 18.50 La Media Pkwy 2400 25 1.09 1 2 0.67 1.76 2.00 La Media Rd 1800 25 0.82 1 1 0.50 1.32 1.50 La Media Rd 3800 45 0.96 1 0.33 1.29 1.50 La Media Rd 2800 45 0.71 2 0.67 1.37 1.50 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 8900 50 2.02 1 0.33 2.36 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 570 40 0.16 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 900 40 0.26 1 0.33 0.59 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 670 40 0.19 1 0.33 0.52 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 Palomar St 700 35 0.23 1 0.33 0.56 0.75 I-5 Freeway 3700 65 0.65 0.00 0.65 0.75 Total Route 50140 13.58 29 3 10.17 23.76 24.00 Magdalena Ave 1500 25 0.68 2 1 0.83 1.52 1.75 E Palomar St 600 25 0.27 1 0.33 0.61 0.75 E Palomar St 1230 35 0.40 1 0.33 0.73 0.75 Olympic Pkwy 2700 50 0.61 1 0.33 0.95 1.00 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 9000 50 2.05 1 0.33 2.38 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1320 45 0.33 2 0.67 1.00 1.00 E Orange Ave 600 40 0.17 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 900 40 0.26 1 0.33 0.59 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 700 40 0.20 1 0.33 0.53 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 Palomar St 700 35 0.23 1 0.33 0.56 0.75 I-5 Freeway 3700 65 0.65 0.00 0.65 0.75 Total Route 45450 11.99 29 1 9.83 21.84 22.00 Windingwalk St 2000 25 0.91 1 0.33 1.24 1.25 Olympic Pkwy 3300 50 0.75 2 0.67 1.42 1.50 Olympic Pkwy 5500 50 1.25 3 1.00 2.25 2.25 Olympic Pkwy 2700 50 0.61 1 0.33 0.95 1.00 Olympic Pkwy 5800 50 1.32 3 1.00 2.32 2.50 Olympic Pkwy 9000 50 2.05 1 0.33 2.38 2.50 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 E Orange Ave 570 40 0.16 1 0.33 0.50 0.50 E Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 E Orange Ave 1600 40 0.45 1 0.33 0.79 1.00 E Orange Ave 900 40 0.26 1 0.33 0.59 0.75 Orange Ave 2100 40 0.60 1 0.33 0.93 1.00 Orange Ave 700 40 0.20 1 0.33 0.53 0.75 Orange Ave 1400 40 0.40 1 0.33 0.73 0.75 Orange Ave 1500 40 0.43 2 0.67 1.09 1.25 Orange Ave 2700 40 0.77 1 0.33 1.10 1.25 Palomar St 1200 35 0.39 2 0.67 1.06 1.25 Palomar St 2300 35 0.75 3 1.00 1.75 1.75 Palomar St 700 35 0.23 1 0.33 0.56 0.75 I-5 Freeway 3700 65 0.65 0.00 0.65 0.75 Total Route 52970 13.56 31 0 10.33 23.91 24.00 Clubhouse Dr 2100 35 0.68 2 0.67 1.35 1.50 Eastlake Pkwy 2900 40 0.82 2 0.67 1.49 1.50 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 FHZ-4 FHZ004-D FHZ-5 FHZ005-D FHZ-6 FHZ006-D Page 722 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda D 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 1400 35 0.45 3 1.00 1.45 1.50 E L St 1100 25 0.50 1 0.33 0.83 1.00 E L St 3400 35 1.10 3 1.00 2.10 2.25 L St 4000 35 1.30 3 1.00 2.30 2.50 L St 2700 25 1.23 2 0.67 1.89 2.00 L St 3300 35 1.07 2 0.67 1.74 1.75 L St 600 40 0.17 1 0.17 0.34 0.50 Bay Blvd 700 40 0.20 0.00 0.20 0.25 I-5 Freeway 6800 65 1.19 0.00 1.19 1.25 Total Route 55900 14.90 32 1 10.83 25.73 25.75 Clubhouse Dr 2600 35 0.84 1 1 0.50 1.34 1.50 Hunte Pkwy 3200 45 0.81 2 0.67 1.47 1.50 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 1400 35 0.45 3 1.00 1.45 1.50 E L St 1100 25 0.50 1 0.33 0.83 1.00 E L St 3400 35 1.10 3 1.00 2.10 2.25 L St 4000 35 1.30 3 1.00 2.30 2.50 L St 2700 25 1.23 2 0.67 1.89 2.00 L St 3300 35 1.07 2 0.67 1.74 1.75 L St 600 40 0.17 1 0.17 0.34 0.50 Bay Blvd 700 40 0.20 0.00 0.20 0.25 I-5 Freeway 6800 65 1.19 0.00 1.19 1.25 Total Route 61700 16.18 34 2 11.67 27.84 28.00 Lane Ave 2700 35 0.88 2 2 1.00 1.88 2.00 Otay Lakes Rd 1500 50 0.34 1 0.33 0.67 0.75 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 2 0.67 3.23 3.25 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 1400 35 0.45 3 1.00 1.45 1.50 E L St 1100 25 0.50 1 0.33 0.83 1.00 E L St 3400 35 1.10 3 1.00 2.10 2.25 L St 4000 35 1.30 3 1.00 2.30 2.50 L St 2700 25 1.23 2 0.67 1.89 2.00 L St 3300 35 1.07 2 0.67 1.74 1.75 L St 600 40 0.17 1 0.17 0.34 0.50 Bay Blvd 700 40 0.20 0.00 0.20 0.25 I-5 Freeway 6800 65 1.19 0.00 1.19 1.25 Total Route 55100 14.61 31 3 10.83 25.44 25.50 Northwoods Dr 360 25 0.16 1 0.17 0.33 0.50 Adirondack Pl 510 25 0.23 0.00 0.23 0.25 Stone Gate St 1800 35 0.58 1 1 0.50 1.08 1.25 Hunte Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 3 1.00 3.57 3.75 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 1400 35 0.45 3 1.00 1.45 1.50 E L St 1100 25 0.50 1 0.33 0.83 1.00 E L St 3400 35 1.10 3 1.00 2.10 2.25 L St 4000 35 1.30 3 1.00 2.30 2.50 L St 2700 25 1.23 2 0.67 1.89 2.00 L St 3300 35 1.07 2 0.67 1.74 1.75 L St 600 40 0.17 1 0.17 0.34 0.50 Bay Blvd 700 40 0.20 0.00 0.20 0.25 I-5 Freeway 6800 65 1.19 0.00 1.19 1.25 Total Route 60370 15.96 35.00 3.00 12.17 28.13 28.25 Agua Vista Dr 1700 25 0.77 2 0.33 1.11 1.25 Agua Vista Dr 3500 25 1.59 2 0.33 1.92 2.00 Proctor Valley Rd 3100 45 0.78 1 1 0.50 1.28 1.50 Proctor Valley Rd 1400 45 0.35 1 0.33 0.69 0.75 Proctor Valley Rd 1500 45 0.38 1 0.33 0.71 0.75 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 FHZ-7 FHZ007-D FHZ-8 FHZ008-D FHZ-9 FHZ-10 FHZ009-D FHZ010-D FHZ-11 FHZ011-D Page 723 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda D 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 H St 246 35 0.08 1 0.33 0.41 0.50 I-5 Freeway 14450 65 2.53 0.00 2.53 2.75 Total Route 72896 19.02 36 5 12.83 31.86 32.00 Mt Miguel Rd 1200 40 0.34 1 0.33 0.67 0.75 Mt Miguel Rd 800 40 0.23 1 0.33 0.56 0.75 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 H St 246 35 0.08 1 0.33 0.41 0.50 I-5 Freeway 14450 65 2.53 0.00 2.53 2.75 Total Route 59996 14.78 32 0 10.67 25.45 25.50 Rue Chamond 200 25 0.09 1 0.17 0.26 0.50 Port Renwick 1600 25 0.73 1 0.17 0.89 1.00 Corral Canyon Rd 1900 40 0.54 1 0.33 0.87 1.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 H St 246 35 0.08 1 0.33 0.41 0.50 I-5 Freeway 14450 65 2.53 0.00 2.53 2.75 Total Route 54496 13.75 27 2 9.33 23.09 23.25 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 5100 45 1.29 2 0.67 1.95 2.00 H St 4000 35 1.30 3 1.00 2.30 2.50 H St 2700 35 0.88 3 1.00 1.88 2.00 H St 2400 35 0.78 2 0.67 1.45 1.50 H St 1500 35 0.49 3 1.00 1.49 1.50 H St 246 35 0.08 1 0.33 0.41 0.50 I-5 Freeway 14450 65 2.53 0.00 2.53 2.75 Total Route 53896 13.10 28 1 9.50 22.62 22.75 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Willow St 1136 45 0.29 1 0.33 0.62 0.75 Bonita Rd 7300 50 1.66 2 0.67 2.33 2.50 Bonita Rd 2072 50 0.47 3 1.00 1.47 1.50 E St 2200 35 0.71 1 0.33 1.05 1.25 E St 4000 30 1.52 3 1.00 2.52 2.75 E St 4610 30 1.75 4 1.33 3.08 3.25 E St 563 30 0.21 0.00 0.21 0.25 I-5 Freeway 19266 65 3.37 0.00 3.37 3.50 Total Route 45447 11.06 15 0 5.00 16.07 16.25 FHZ-15 FHZ015-A FHZ-14 FHZ014-D FHZ-12 FHZ012-D FHZ-13 FHZ013-D Page 724 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda E 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Broadway 1330 25 0.60 3 1.00 1.60 1.75 E St 6617 30 2.51 5 1.67 4.17 4.25 E St 2217 35 0.72 1 0.33 1.05 1.25 Bonita Rd 1365 35 0.44 2 0.67 1.11 1.25 I-5 Freeway 25207 65 4.41 0.00 4.41 4.50 Total Route 36736 8.68 11 0 3.67 12.34 12.50 Bonita Rd 1365 35 0.44 3 1.00 1.44 1.50 I-5 Freeway 25207 65 4.41 0.00 4.41 4.50 Total Route 26572 4.85 3 0 1.00 5.85 6.00 Allen School Rd 1800 25 0.82 1 1 0.50 1.32 1.50 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7900 50 1.80 3 1.00 2.80 3.00 I-5 Freeway 25207 65 4.41 0.00 4.41 4.50 Total Route 36607 7.50 5 1 1.83 9.35 9.50 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Willow St 1136 45 0.29 1 0.33 0.62 0.75 Bonita Rd 7900 50 1.80 3 1.00 2.80 3.00 I-5 Freeway 25207 65 4.41 0.00 4.41 4.50 Total Route 38543 7.58 5 0 1.67 9.25 9.25 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 5400 50 1.23 2 0.67 1.89 2.00 Otay Lakes Rd 1400 40 0.40 1 0.33 0.73 0.75 Bonita Rd 1700 40 0.48 2 0.67 1.15 1.25 Bonita Rd 1700 40 0.48 1 0.33 0.82 1.00 Bonita Rd 7900 50 1.80 3 1.00 2.80 3.00 I-5 Freeway 25207 65 4.41 0.00 4.41 4.50 Total Route 44207 9.20 10 1 3.50 12.71 12.75 Brandywine Ave 1270 40 0.36 1 0.33 0.69 0.75 Olympic Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Olympic Pkwy 1400 45 0.35 2 0.67 1.02 1.25 I-805 Freeway 7160 65 1.25 0.00 1.25 1.25 Total Route 11630 2.42 5 0 1.67 4.08 4.25 Brandywine Ave 2600 35 0.84 2 0.67 1.51 1.75 Main St 2323 45 0.59 4 1.33 1.92 2.00 I-805 Freeway 3267 65 0.57 0.00 0.57 0.75 Total Route 8190 2.00 6.00 0.00 2.00 4.00 4.00 Santa Victoria Rd 2400 25 1.09 1 2 0.67 1.76 2.00 Heritage Rd 7560 40 2.15 5 1.67 3.81 4.00 Main St 7463 50 1.70 5 1.67 3.36 3.50 Main St 2323 45 0.59 4 1.33 1.92 2.00 I-805 Freeway 3267 65 0.57 0.00 0.57 0.75 Total Route 23013 6.09 15 2 5.33 11.42 11.50 La Media Pkwy 2400 25 1.09 1 2 0.67 1.76 2.00 La Media Rd 1800 25 0.82 1 1 0.50 1.32 1.50 La Media Rd 3800 45 0.96 1 0.33 1.29 1.50 La Media Rd 2800 45 0.71 2 0.67 1.37 1.50 Olympic Pkwy 5752 45 1.45 3 1.00 2.45 2.50 Heritage Rd 2290 40 0.65 1 0.33 0.98 1.00 Heritage Rd 7560 40 2.15 4 1.33 3.48 3.50 Main St 7463 50 1.70 5 1.67 3.36 3.50 Main St 2323 45 0.59 4 1.33 1.92 2.00 I-805 Freeway 3267 65 0.57 0.00 0.57 0.75 Total Route 39455 10.68 22 3 7.83 18.50 18.50 Magdalena Ave 1500 25 0.68 2 1 0.83 1.52 1.75 E Palomar St 600 25 0.27 1 0.33 0.61 0.75 E Palomar St 1230 35 0.40 1 0.33 0.73 0.75 Olympic Pkwy 2644 50 0.60 1 0.33 0.93 1.00 Olympic Pkwy 5752 45 1.45 3 1.00 2.45 2.50 Heritage Rd 2290 40 0.65 1 0.33 0.98 1.00 Heritage Rd 7560 40 2.15 4 1.33 3.48 3.50 Main St 7463 50 1.70 5 1.67 3.36 3.50 Main St 2323 45 0.59 4 1.33 1.92 2.00 I-805 Freeway 3267 65 0.57 0.00 0.57 0.75 Total Route 34629 9.06 22 1 7.50 16.55 16.75 Windingwalk St 2000 25 0.91 1 0.33 1.24 1.25 Olympic Pkwy 8780 50 2.00 6 2.00 4.00 4.00 Olympic Pkwy 2644 50 0.60 1 0.33 0.93 1.00 Olympic Pkwy 5752 45 1.45 3 1.00 2.45 2.50 Heritage Rd 2290 40 0.65 1 0.33 0.98 1.00 Heritage Rd 7560 40 2.15 4 1.33 3.48 3.50 Main St 7463 50 1.70 5 1.67 3.36 3.50 Main St 2323 45 0.59 4 1.33 1.92 2.00 I-805 Freeway 3267 65 0.57 0.00 0.57 0.75 Total Route 42079 10.61 25 0 8.33 18.93 19.00 Clubhouse Dr 2100 35 0.68 2 0.67 1.35 1.50 Eastlake Pkwy 2900 40 0.82 2 0.67 1.49 1.50 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 3 1.00 3.57 3.75 Gateway Destination Assumed delay (seconds) DIZ-1 DIZ-2 DIZ002-E DIZ001-E DIZ-3 DIZ003-E DIZ004-E FHZ-1 FHZ001-E DIZ-4 DIZ-5 DIZ005-E FHZ-2 FHZ-3 FHZ003-E FHZ-4 FHZ004-E FHZ002-E FHZ-5 FHZ005-E FHZ-6 FHZ006-E FHZ-7 FHZ007-E Page 725 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda E 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 944 35 0.31 2 0.67 0.97 1.00 I-805 Freeway 16220 65 2.84 0.00 2.84 3.00 Total Route 49064 10.83 21 0 7.00 17.84 18.00 Clubhouse Dr 2600 35 0.84 1 1 0.50 1.34 1.50 Hunte Pkwy 3200 45 0.81 2 0.67 1.47 1.50 Otay Lakes Rd 4982 50 1.13 3 1.00 2.13 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 3 1.00 3.57 3.75 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 944 35 0.31 2 0.67 0.97 1.00 I-805 Freeway 16220 65 2.84 0.00 2.84 3.00 Total Route 54846 12.11 23 1 7.83 19.94 20.00 Lane Ave 2000 40 0.57 1 1 0.50 1.07 1.25 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2373 50 0.54 2 0.67 1.21 1.25 I-805 Freeway 22065 65 3.86 0.00 3.86 4.00 Total Route 57738 12.77 22 1 7.50 20.28 20.50 Northwoods Dr 360 25 0.16 1 0.17 0.33 0.50 Adirondack Pl 510 25 0.23 0.00 0.23 0.25 Stone Gate St 1800 35 0.58 1 1 0.50 1.08 1.25 Hunte Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Otay Lakes Rd 4982 50 1.13 3 1.00 2.13 2.25 Otay Lakes Rd 3100 50 0.70 4 1.33 2.04 2.25 Otay Lakes Rd 5400 50 1.23 3 1.00 2.23 2.25 Telegraph Canyon Rd 11300 50 2.57 3 1.00 3.57 3.75 Telegraph Canyon Rd 4500 50 1.02 2 0.67 1.69 1.75 Telegraph Canyon Rd 2600 45 0.66 3 1.00 1.66 1.75 Telegraph Canyon Rd 944 35 0.31 2 0.67 0.97 1.00 I-805 Freeway 16220 65 2.84 0.00 2.84 3.00 Total Route 53516 11.89 23 2 8.00 19.89 20.00 Agua Vista Dr 1700 25 0.77 2 0.33 1.11 1.25 Agua Vista Dr 3500 25 1.59 2 0.33 1.92 2.00 Proctor Valley Rd 3100 45 0.78 1 1 0.50 1.28 1.50 Proctor Valley Rd 1400 45 0.35 1 0.33 0.69 0.75 Proctor Valley Rd 1500 45 0.38 1 0.33 0.71 0.75 Proctor Valley Rd 3700 45 0.93 3 1.00 1.93 2.00 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2373 50 0.54 2 0.67 1.21 1.25 I-805 Freeway 22065 65 3.86 0.00 3.86 4.00 Total Route 66938 16.09 24 5 8.83 24.92 25.00 Mt Miguel Rd 1200 40 0.34 1 0.33 0.67 0.75 Mt Miguel Rd 800 40 0.23 1 0.33 0.56 0.75 E H St 3900 45 0.98 3 1.00 1.98 2.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2373 50 0.54 2 0.67 1.21 1.25 I-805 Freeway 22065 65 3.86 0.00 3.86 4.00 Total Route 54038 11.84 20 0 6.67 18.51 18.75 Rue Chamond 200 25 0.09 1 0.17 0.26 0.50 Port Renwick 1600 25 0.73 1 0.17 0.89 1.00 Corral Canyon Rd 1900 40 0.54 1 0.33 0.87 1.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2373 50 0.54 2 0.67 1.21 1.25 I-805 Freeway 22065 65 3.86 0.00 3.86 4.00 Total Route 48538 10.81 15 2 5.33 16.15 16.25 FHZ-7 FHZ-8 FHZ008-E FHZ-9 FHZ009-E FHZ-10 FHZ010-E FHZ-11 FHZ011-E FHZ-12 FHZ012-E FHZ-13 FHZ013-E Page 726 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda E 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 2400 45 0.61 2 0.67 1.27 1.50 E H St 5100 50 1.16 2 0.67 1.83 2.00 E H St 4700 50 1.07 3 1.00 2.07 2.25 E H St 4500 50 1.02 2 0.67 1.69 1.75 E H St 2373 50 0.54 2 0.67 1.21 1.25 I-805 Freeway 22065 65 3.86 0.00 3.86 4.00 Total Route 47938 10.16 16 1 5.50 15.68 15.75 Sweetwater Rd 4300 45 1.09 1 0.33 1.42 1.50 Sweetwater Rd 1800 45 0.45 1 0.33 0.79 1.00 Sweetwater Rd 2100 45 0.53 1 0.33 0.86 1.00 Plaza Bonita Centerway 1500 40 0.43 1 0.33 0.76 1.00 Reo Dr 700 40 0.20 2 0.67 0.87 1.00 SR-54 Highway 35970 65 6.29 1 0.33 6.62 6.75 Total Route 46370 8.98 7 0 2.33 11.32 11.50 FHZ-14 FHZ014-E FHZ-15 FHZ015-E Page 727 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda F 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Brandywine Ave 1270 40 0.36 1 0.33 0.69 0.75 Olympic Pkwy 19425 50 4.41 6 2.00 6.41 6.50 125 Freeway 15194 65 2.66 0.00 2.66 2.75 Total Route 35889 7.43 7 0 2.33 9.76 10.00 Brandywine Ave 2500 35 0.81 2 0.67 1.48 1.50 Olympic Pkwy 19425 50 4.41 6 2.00 6.41 6.50 125 Freeway 15194 65 2.66 0.00 2.66 2.75 Total Route 37119 7.88 8.00 0.00 2.67 10.55 10.75 Santa Victoria Rd 2800 25 1.27 1 2 0.67 1.94 2.00 Birch Rd 1000 25 0.45 1 0.33 0.79 1.00 Birch Rd 1500 50 0.34 1 0.33 0.67 0.75 Birch Rd 2300 50 0.52 2 0.67 1.19 1.25 125 Freeway 10659 65 1.86 0.00 1.86 2.00 Total Route 18259 4.45 5.00 2.00 2.00 6.45 6.50 La Media Pkwy 2400 25 1.09 3 0.50 1.59 1.75 La Media Rd 1800 25 0.82 2 0.33 1.15 1.25 La Media Rd 3800 45 0.96 1 0.33 1.29 1.50 Birch Rd 1500 50 0.34 1 0.33 0.67 0.75 Birch Rd 2300 50 0.52 2 0.67 1.19 1.25 125 Freeway 10659 65 1.86 0.00 1.86 2.00 Total Route 22459 5.60 4.00 5.00 2.17 7.75 7.75 Magdalena Ave 2200 25 1.00 2 1 0.83 1.83 2.00 Birch Rd 2300 50 0.52 2 0.67 1.19 1.25 125 Freeway 10659 65 1.86 0.00 1.86 2.00 Total Route 15159 3.39 4.00 1.00 1.50 4.88 5.00 Windingwalk St 2300 25 1.05 2 0.33 1.38 1.50 Discovery Falls Dr 500 25 0.23 1 0.17 0.39 0.50 Birch Rd 8818 50 2.00 5 1.67 3.67 3.75 125 Freeway 10659 65 1.86 0.00 1.86 2.00 Total Route 22277 5.14 5.00 3.00 2.17 7.30 7.50 Clubhouse Dr 2100 35 0.68 2 1 0.83 1.52 1.75 Eastlake Pkwy 2900 40 0.82 3 1.00 1.82 2.00 Otay Lakes Rd 1500 50 0.34 1 0.33 0.67 0.75 Otay Lakes Rd 857 50 0.19 1 0.33 0.53 0.75 125 Freeway 19915 65 3.48 0.00 3.48 3.50 Total Route 27272 5.52 7.00 1.00 2.50 8.02 8.25 Clubhouse Dr 2600 35 0.84 1 1 0.50 1.34 1.50 Hunte Pkwy 3200 45 0.81 2 0.67 1.47 1.50 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 1500 50 0.34 2 0.67 1.01 1.25 Otay Lakes Rd 857 50 0.19 1 0.33 0.53 0.75 125 Freeway 19915 65 3.48 0.00 3.48 3.50 Total Route 33072 6.81 9.00 1.00 3.17 9.97 10.00 Lane Ave 2700 35 0.88 2 2 1.00 1.88 2.00 Otay Lakes Rd 1395 50 0.32 1 0.33 0.65 0.75 Otay Lakes Rd 1500 50 0.34 2 0.67 1.01 1.25 Otay Lakes Rd 857 50 0.19 1 0.33 0.53 0.75 125 Freeway 19915 65 3.48 0.00 3.48 3.50 Total Route 26367 5.21 6.00 2.00 2.33 7.55 7.75 Northwoods Dr 360 25 0.16 1 0.17 0.33 0.50 Adirondack Pl 510 25 0.23 0.00 0.23 0.25 Stone Gate St 1800 35 0.58 1 1 0.50 1.08 1.25 Hunte Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 1500 50 0.34 1 0.33 0.67 0.75 Otay Lakes Rd 857 50 0.19 1 0.33 0.53 0.75 125 Freeway 19915 65 3.48 0.00 3.48 3.50 Total Route 31742 6.59 8.00 2.00 3.00 9.58 9.75 Agua Vista Dr 1700 25 0.77 2 0.33 1.11 1.25 Agua Vista Dr 3500 25 1.59 2 0.33 1.92 2.00 Proctor Valley Rd 3100 45 0.78 1 1 0.50 1.28 1.50 Proctor Valley Rd 1400 45 0.35 1 0.33 0.69 0.75 Hunte Pkwy 3988 45 1.01 1 1 0.50 1.51 1.75 Hunte Pkwy 1800 45 0.45 2 0.67 1.12 1.25 Otay Lakes Rd 5000 50 1.14 3 1.00 2.14 2.25 Otay Lakes Rd 1500 50 0.34 1 0.33 0.67 0.75 Otay Lakes Rd 857 50 0.19 1 0.33 0.53 0.75 125 Freeway 19915 65 3.48 0.00 3.48 3.50 Total Route 42760 10.12 10.00 6.00 4.33 14.45 14.50 Mt Miguel Rd 1200 40 0.34 1 0.33 0.67 0.75 Mt Miguel Rd 800 40 0.23 1 0.33 0.56 0.75 E H St 2317 45 0.59 2 0.67 1.25 1.25 125 Freeway 26489 65 4.63 0.00 4.63 4.75 Total Route 30806 5.78 4.00 0.00 1.33 7.11 7.25 Rue Chamond 200 25 0.09 1 0.17 0.26 0.50 Port Renwick 1600 25 0.73 1 0.17 0.89 1.00 Corral Canyon Rd 1900 40 0.54 1 0.33 0.87 1.00 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 1575 45 0.40 1 0.33 0.73 0.75 FHZ-11 FHZ-12 FHZ-13 FHZ011-F FHZ012-F FHZ013-F FHZ-8 FHZ-9 FHZ-10 FHZ008-F FHZ009-F FHZ010-F FHZ-5 FHZ-6 FHZ-7 FHZ005-F FHZ006-F FHZ007-F Gateway Destination Assumed delay (seconds) FHZ-1 FHZ001-F FHZ-2 FHZ-3 FHZ-4 FHZ002-F FHZ003-F FHZ004-F Page 728 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda F 20 10 Evacuation Zones Evacuation Route #Roadway Link Distance (feet) Posted Speed Limit (mph) Link Travel Time (min) No. Traffic Signals No. Stop Int.Intersection Delay (min) Total Travel Time (min) Rounded Travel Time Gateway Destination Assumed delay (seconds) I-125 Freeway 25602 65 4.48 0.00 4.48 4.50 Total Route 34177 7.06 3.00 2.00 1.33 8.40 8.50 Ridgeview Way 900 25 0.41 1 1 0.50 0.91 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 1575 45 0.40 1 0.33 0.73 0.75 I-125 Freeway 25602 65 4.48 0.00 4.48 4.50 Total Route 40977 8.82 10.00 1.00 3.50 12.33 12.50 Sweetwater Rd 4300 45 1.09 1 1 0.50 1.59 1.75 Willow St 1136 45 0.29 1 0.33 0.62 0.75 Bonita Rd 3290 50 0.75 3 1.00 1.75 1.75 Otay Lakes Rd 3875 40 1.10 2 0.67 1.77 2.00 Otay Lakes Rd 2831 50 0.64 1 0.33 0.98 1.00 Otay Lakes Rd 3100 50 0.70 1 0.33 1.04 1.25 Otay Lakes Rd 2800 40 0.80 3 1.00 1.80 2.00 E H St 3700 35 1.20 3 1.00 2.20 2.25 E H St 3300 45 0.83 1 0.33 1.17 1.25 E H St 1575 45 0.40 1 0.33 0.73 0.75 I-125 Freeway 25602 65 4.48 0.00 4.48 4.50 Total Route 55509 12.27 17.00 1.00 5.83 18.13 18.25 FHZ-14 FHZ014-F FHZ-15 FHZ015-F Page 729 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Routes Summary (DIZ) A I-5 (North) B I-805 (North) C 125 Freeway (North) D I-5 (South) E I-805 (South) F 125 Freeway (South) Via Gateway Travel Time (minutes) Via Gateway Travel Time (minutes) DIZ-1 4.75 4.00 - 6.75 12.50 - B 4.00 D 6.75 DIZ-2 8.00 3.50 - 10.25 6.00 - B 3.50 E 6.00 DIZ-3 7.25 5.25 - 16.00 9.50 - B 5.25 E 9.50 DIZ-4 7.75 6.00 - 15.75 9.25 - B 6.00 E 9.25 DIZ-4 10.50 8.75 - 19.25 12.75 - B 8.75 E 12.75 Evacuation Routes Summary (FHZ) A I-5 (North) B I-805 (North) C 125 Freeway (North) D I-5 (South) E I-805 (South) F 125 Freeway (South) Via Gateway Travel Time (minutes) Via Gateway Travel Time (minutes) FHZ-1 16.00 6.50 10.25 14.25 4.25 10.00 B 6.50 E 4.25 FHZ-2 15.25 8.00 11.50 11.50 4.00 10.75 B 8.00 E 4.00 FHZ-3 20.50 11.25 11.25 18.50 11.50 6.50 B 11.25 F 6.50 FHZ-4 25.75 16.75 12.50 24.00 18.50 7.75 C 12.50 F 7.75 FHZ-5 24.00 14.75 9.75 22.00 16.75 5.00 C 9.75 F 5.00 FHZ-6 26.00 16.75 10.00 24.00 19.00 7.50 C 10.00 F 7.50 FHZ-7 27.25 16.50 8.25 25.75 18.00 8.25 C 8.25 C 8.25 FHZ-8 29.25 18.50 10.50 28.00 20.00 10.00 C 10.50 F 10.00 FHZ-9 25.75 17.50 7.50 25.50 20.50 7.75 C 7.50 F 7.75 FHZ-10 28.50 18.50 10.25 28.25 20.00 9.75 C 10.25 F 9.75 FHZ-11 30.50 22.00 12.00 32.00 25.00 14.50 C 12.00 F 14.50 FHZ-12 24.00 15.75 5.75 25.50 18.75 7.25 C 5.75 F 7.25 FHZ-13 21.75 13.25 8.25 23.25 16.25 8.50 C 8.25 F 8.50 FHZ-14 21.25 12.75 12.25 22.75 15.75 12.50 C 12.25 F 12.50 FHZ-15 7.75 6.00 4.75 16.25 11.50 18.25 C 4.75 E 11.50 Closest Primary Gateway (North) Evacuation Zones Travel Time Summary (min) Via Gateway: 0 - 6.00 Minutes 6.01 - 12.00 Minutes 12.01 - 18.00 Minutes 18.01 + Minutes Closest Primary Gateway (North) Closest Primary Gateway (North) Closest Primary Gateway (North) Evacuation Zones Travel Time Summary (min) Via Gateway: Page 730 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment January 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Attachment C: Wildfire Hazard Severity Zone Page 731 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 732 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment January 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA Attachment D: Dam Inundation Maps Page 733 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 734 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Inundation Depth MapSunny Day Hypothetical Failure ofSweetwater Main DamFlood Depth and Arrival Time National Dam ID: CA00775 State Dam ID: 2020.000Detail Sheet 1 of 6 San Diego County Inundation Analysis Performed by and Inundation Maps Created By: GEI Consultants, Inc. Christopher Kissick, PE 84861 GF ¦¨ !Z nm nm nm La PresaElementary RanchoElementary Ma t c h l i n e - D e t a i l Sh e e t 2 o f 6 Sheriff -Spring ValleyStorefront S a n D i e g o Elke l t o n P l a c e Leigh Ave A v e A n g u l i a Om e g a S t Parad i s e V a l l e y R d C a r l s b a d S t E l k e lt o n B l v d SR 1 2 5 SR125 JamachaBlvd Lak e v i e w A v e Private Rd W o r t h i n g t o n S t Innsdale A v e Quar r y R d Ke m p t o n S t Jana Ct G a l o p a g o S t S Bay P k w y Ja mie Ct Sa c r a m e n t o A v e Sweetw a t e r R d Gi l l e s p i e D r Fa x o n S t Av e A la Barca St Osa g e S t Th a y e r D r Noeline Ave San Carlos St ParkbrookSt L e c h u z a L n Akard St O s a g e S t Hillslope Av e San Dieg o S t Ru x t o n A v e Pa r a i s o A v e Ave Acero S w e e t w a t e r R d la P r e s a A v e Mesa View Way Huron St Ph i r e P l Piel Pl C a raCt Sa n M i g u e l S t Maclay S t San Andres St M itra Ct Chaffin Pl C a mi n o L a g o V i s Wolford Dr OutindaSt Vi a T a p i a PrivateRd Orville St San Diego StKu rd s o n Way Va l l e j o S t Bass e tt C t Corte Pellejo Pa d e n D r P e sca Ct Corte Pozos C o s t a L a g o S t Ma r i a A v e ColbertDr Br u m a C t D ocenaDr Ca mbonSt ReservoirDr Elkelt o n P l Fairview St Christiana St Joan St Ca sa Grand eWay DatheSt Sw e e t w a t e r R e s R d G ale o n Ct M a y n a rd S t Arapaho St Co n c e p c i o n A v e Fe l i c i t a A v e Cl a m a t h S t Gr a n d A v e Sa n J u h n S t Pe c o s S t Al l e y Lin a z a L n Ra m o n a A v e A r r a n A v e Barneveld St Frederick St PsoIgle sia Ve c i n o C t Cír Marg e n Jaylee Ave Milburn Ave Lance Ave Kelburn Ave Al p h a A v e BroadviewSt Lake B l u f f s C ir ·|}þ54 ·|}þ54 ·|}þ54 ·|}þ125 C r o s s S e c t i o n 1 Cro s s S e c t i o n 2 S w eetwat e r Ri v e r CoonCanyon CoonCanyon Sweetwater M a in Dam SweetwaterReservoir(243.2 ft) Mount MiguelCovenant VillageHealth Facility 6,327,000 6,327,000 6,330,000 6,330,000 6,333,000 6,333,000 6,336,000 6,336,000 6,339,000 6,339,000 1, 8 3 2 , 0 0 0 1, 8 3 2 , 0 0 0 1, 8 3 4 , 0 0 0 1, 8 3 4 , 0 0 0 1, 8 3 6 , 0 0 0 1, 8 3 6 , 0 0 0 1, 8 3 8 , 0 0 0 1, 8 3 8 , 0 0 0 Legend nm School!Z Law Enforcement Facility ¦¨Fire Facility GF Licensed Healthcare Facility Æ`AirportFlow PathCross SectionApprox. Time to 1 Foot Depth(hrs:mins)Approx. Maximum FloodingExtent Source Topo Lake LevelsIncorporated CityMaximum Inundation Depth(feet) 0 - 11 - 22 - 33 - 66 - 1212 - 18> 18 25Feb2019 Z:\Projects\1804376_Sweetwater_Loveland\SweetwaterDam_Inundation_Detailed_6k.mxd SI ·|}þ163 ·|}þ54·|}þ94 ·|}þ125·|}þ75 SAN DIEGOCOUNTY §¨¦15 §¨¦805 §¨¦5 Chula Vista Coronado ImperialBeach La Mesa LemonGrove National City San Diego 1 6 4 5 3 2 Data Sources: Incorporated City Limits from CalFire, January 2017. Licensed Healthcare Facilities, Schools, Fire Stations and Law Enforcement Facilities from SanGIS, February, 2019. Highways are from CalTans, 2018 1. This map was developed for the benefit of local emergency managers and the California Governor's Office of EmergencyServices. The information shown is approximate and should be used as a guide for emergency response and preparation. 2. The inundation map meets all applicable state and federal standards and has been prepared in consideration of potentialdownstream hazards by a licensed civil engineer. 3. The results presented herein do not reflect the structural integrity of the dam and are not a statement of the dam's safety.The analysis presented is based on a hypothetical dam failure of Sweetwater Main Dam using 2D modeling software. 4. Cross Section Values:Distance from Dam and Stationing are reckoned from the centerline of Sweetwater Main Dam along the displayed Flow Path.Distance from Dam is in miles and Stationing is in feet (Stationing 12+34 = 1,234').Initial Wave Arrival Time, 1 Foot is the time to achieve 1 foot of water depth after initiation of the dam break.Time to Peak is the time to achieve the maximum water depth after initiation of the dam break. 2:00 0 500 1,000250Feet 0 0.125 0.25Miles 4. Cross Section Values continued:Peak Inundation Depth is the maximum water depth in feet.Peak Velocity is the maximum velocity in feet per second.Peak Discharge is an estimate of the maximum flow rate integrated over the entire cross section line in cubic feet per second.Peak Water Surface Elevation is the maximum water surface elevation in feet.Location Description indicates major roads that cross, or are near, the Flow Path at that cross section. 5. The values displayed in the table for each cross section are the maximum for that parameter along each cross section line, except for theInitial Wave Arrival Time, 1 Foot and Time to Peak which are the minimum for that parameter along each cross section line. 6. For other details refer to the supporting report "Sweetwater Main Dam Inundation Technical Study" February 2019. 7. Structures are shown in the aerial photo on the maps but may not clearly display all possible structures potentially within the inundation limits. 8. Map projection: State Plane, California Zone VI, Feet, North American Datum 1983. Border Tics display these coordinate values.All elevations are referenced to North American Vertical Datum 1988. Notes: © 2018 Sweetwater Authority Scale 1:6,000 o USGS The National Map: Imagery -1 1 6 . 9 6 5 7 3 1 32.686248  -1 1 6 . 9 6 5 9 2 2 32.709747  -1 1 7 . 0 1 8 4 2 2 32.709431 -1 1 7 . 0 1 8 2 1 7 32.685932 Model Date12/10/2018 Map Date02/14/2019 Description Dam Owner:Sweetwater Authority505 Garrett AveChula Vista, CA 91910 Information Contact: Mosher, Ron R. (619) 409-6750Emergency Contact: (619) 409-6750 Accepted By---Prepared ByGEI Consultants Page 735 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Inundation Depth MapSunny Day Hypothetical Failure ofSweetwater Main DamFlood Depth and Arrival Time National Dam ID: CA00775 State Dam ID: 2020.000Detail Sheet 2 of 6 San Diego County Inundation Analysis Performed by and Inundation Maps Created By: GEI Consultants, Inc. Christopher Kissick, PE 84861 GF ¦¨ !Z nm nm nm nm nm ZamoranoElementary SunnysideElementary MindfulMontessoriSchool Selah GrooveCreative Arts& Enrichment Academy Bonita-SunnysideStation 2 Matchline - DetailSheet 1 of 6 Ma t c h l i n e - D e t a i l Sh e e t 3 o f 6 Chula Vis t a San D i e g o San D i e g o City ofChulaVista City ofSan Diego delPra d o S t Butternut Holl o w L n Robinwood Rd S Wood man St Bria r w o o d R d S Bay Pk w y SBayPkwy Good e S t Alsacia St Pa r k s i d e A v e Jonel Way San Miguel Rd Bonita Woods D rAlta V i e w D r SweetwaterRd P i c a s s o D r Old Dairy Ct WestbrookAve Ola m a r W a y BelleBonnie B r a e R d Bonita R d D a w s o n i a S t Central Ave San Miguel Ranch R d Ca s a B o n i t a D r Glen Verde D r QuebecCt C e d a r w o o d Rd Pine c o n e L n C a sey St B o n i t a V i e w D r Jamie A v e C a m R o b erto Leight o n C t Aeg ean Dr P r o c t o r V a l l e y R d S Bay P k w y PenningtonLn Ra m f o s C i r P a t h f i n d er Way Paris W a y PlzLeo n ard o B ardaque r aPl Nilo W a y A l l e y Om e g a D r D e e r h u r s t C t Latrobe C i r Bram Ave Tooma St Ca m p h o r L n D e l o s S t Dylan St Si m i C t Ol d D a i r y L n ParthenonDr Whippoorwill L n V i e w v e r d e M alito D r F r i s b i e S t Cottington Ln Winnetka Dr P a n a m i n t R o w Ra m fos P l S y l v i a S t CorralCanyonRd DegenDr P a l m D r Casa Bonita Ct RenoirLn Pony Ln C a m David W ild O a ts L n W a ttl e D r Simi Pl AppianDr Avn d a A l t a m i r a Marga r e t D r Grov e V i e w R d Simi W a y Ramfos L n Rom e g a C t Dressage Dr A c a c i a A v e Plz P a o l o Racine Ct Pray C t Cr o s s h a v e n L n B a r n e y S t Cte Galeana S i m b a r R d Blacksmith Rd KnottSt V i a d e l C a b a ll o Blan AnnmarDr ParksideCt S unnyViewDrGaviotaCt A r r o y o R d H o n e y D r W a l l a c e D r Bear Riv e r R o w SylvyWay A lsaciaCt Sea b r o o k L n Sprinter L n Alle y B o n i t a G l e n T e r Montc l i f f R d H a z e l h u r s t P l Gu n z a n S t Yea r l i n g C t P l z A r b olitos R o c k R iverLn A l l e y Ps o P o t r i l Joc k e y W a y Cafe Avenida Mirar C t W h e e l i n g Ln Y a h W a y Aleman Pl W a t erc re s t D r E n b o r n e L n Qu a r r y R d Via Ma n d r i l Co untryTrl C a p r i o l e C t P r i v a t e R d Sunnyside Dr S a n M i g u e l W a y G l e n V e r d e C t C r e s t a VerdeLn P lu t oCt A m a ditaLn C o n d u i t R d Alcona S t Ever g r e e n R d N e r a k Ct O rchard HillRd CarrieRidgeWay K e n n e l w o r t h L n B o n i t a F a r m s C t Barring t o n C t Sand lefo rd Wa y Cte Mirador T e n n i s C o u r t L n Antoine D r Ol i v e A v e M a l p a z o C t Delos Dr Lop i n g L n Nannette St Cam Mojave SpringOakWay Do nningto n Way Sie m b r e S t D o l a n P l Dory Dr Whirlybird Way StonepineLn Sp e y e r s W a y Filly Ln Schau m berg Pl Pe m brid g e L n B o n i t a R a n c h C t ViadelAlla z o n Ro l l i n g H i l l s L n GoodKarma L n Pray S t Golfglen Rd Shadewood Ln S a n d o v e r C t Bonita Meado w s L n A n d e r s o n S t LomadelSolDr PaseodelaVis GraceRd A n nieLaurie L n HorseRidgeWay C a s a G r a n d e W a y el Rancho Grande Glen View P l She r b r o o k e S t S R 1 2 5 S R 1 2 5 Saddlewoo d D r ·|}þ54 ·|}þ54 ·|}þ125 ·|}þ125 0:25 0:2 0 0:30 0:20 0 : 0 5 0: 1 0 0:15 C r o s s S e c t i o n 6 C r o s s S e c t i o n 4 Cross Section 3 Cross Sectio n 5 S w eetwaterRiver SweetwaterRiver S w e e t w a t e r S o u t h Dike SweetwaterReservoir(243.2 ft) 6,318,000 6,318,000 6,321,000 6,321,000 6,324,000 6,324,000 6,327,000 6,327,000 6,330,000 6,330,000 6,333,000 6,333,000 1, 8 2 4 , 0 0 0 1, 8 2 4 , 0 0 0 1, 8 2 6 , 0 0 0 1, 8 2 6 , 0 0 0 1, 8 2 8 , 0 0 0 1, 8 2 8 , 0 0 0 1, 8 3 0 , 0 0 0 1, 8 3 0 , 0 0 0 Legend nm School!Z Law Enforcement Facility ¦¨Fire Facility GF Licensed Healthcare Facility Æ`AirportFlow PathCross SectionApprox. Time to 1 Foot Depth(hrs:mins)Approx. Maximum FloodingExtent Source Topo Lake LevelsIncorporated CityMaximum Inundation Depth(feet) 0 - 11 - 22 - 33 - 66 - 1212 - 18> 18 25Feb2019 Z:\Projects\1804376_Sweetwater_Loveland\SweetwaterDam_Inundation_Detailed_6k.mxd SI ·|}þ163 ·|}þ54·|}þ94 ·|}þ125·|}þ75 SAN DIEGOCOUNTY §¨¦15 §¨¦805 §¨¦5 Chula Vista Coronado ImperialBeach La Mesa LemonGrove National City San Diego 1 6 4 5 3 2 Data Sources: Incorporated City Limits from CalFire, January 2017. Licensed Healthcare Facilities, Schools, Fire Stations and Law Enforcement Facilities from SanGIS, February, 2019. Highways are from CalTans, 2018 1. This map was developed for the benefit of local emergency managers and the California Governor's Office of EmergencyServices. The information shown is approximate and should be used as a guide for emergency response and preparation. 2. The inundation map meets all applicable state and federal standards and has been prepared in consideration of potentialdownstream hazards by a licensed civil engineer. 3. The results presented herein do not reflect the structural integrity of the dam and are not a statement of the dam's safety. The analysis presented is based on a hypothetical dam failure of Sweetwater Main Dam using 2D modeling software. 4. Cross Section Values:Distance from Dam and Stationing are reckoned from the centerline of Sweetwater Main Dam along the displayed Flow Path.Distance from Dam is in miles and Stationing is in feet (Stationing 12+34 = 1,234').Initial Wave Arrival Time, 1 Foot is the time to achieve 1 foot of water depth after initiation of the dam break.Time to Peak is the time to achieve the maximum water depth after initiation of the dam break. 2:00 0 500 1,000250Feet 0 0.125 0.25Miles 4. Cross Section Values continued:Peak Inundation Depth is the maximum water depth in feet.Peak Velocity is the maximum velocity in feet per second.Peak Discharge is an estimate of the maximum flow rate integrated over the entire cross section line in cubic feet per second.Peak Water Surface Elevation is the maximum water surface elevation in feet.Location Description indicates major roads that cross, or are near, the Flow Path at that cross section. 5. The values displayed in the table for each cross section are the maximum for that parameter along each cross section line, except for theInitial Wave Arrival Time, 1 Foot and Time to Peak which are the minimum for that parameter along each cross section line. 6. For other details refer to the supporting report "Sweetwater Main Dam Inundation Technical Study" February 2019. 7. Structures are shown in the aerial photo on the maps but may not clearly display all possible structures potentially within the inundation limits. 8. Map projection: State Plane, California Zone VI, Feet, North American Datum 1983. Border Tics display these coordinate values.All elevations are referenced to North American Vertical Datum 1988. Notes: © 2018 Sweetwater Authority Scale 1:6,000 o USGS The National Map: Imagery -1 1 6 . 9 9 2 5 1 7 32.664075  -1 1 6 . 9 9 2 7 1 5 32.687573  -1 1 7 . 0 4 5 2 0 2 32.687246 -1 1 7 . 0 4 4 9 9 0 32.663748 Model Date12/10/2018 Map Date02/14/2019 Description Dam Owner:Sweetwater Authority505 Garrett AveChula Vista, CA 91910 Information Contact: Mosher, Ron R. (619) 409-6750Emergency Contact: (619) 409-6750 Accepted By---Prepared ByGEI Consultants Page 736 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Inundation Depth MapSunny Day Hypothetical Failure ofSweetwater Main DamFlood Depth and Arrival Time National Dam ID: CA00775 State Dam ID: 2020.000Detail Sheet 3 of 6 San Diego County Inundation Analysis Performed by and Inundation Maps Created By: GEI Consultants, Inc. Christopher Kissick, PE 84861 GF GF ¦¨ !Z !Z nm nm nm nm nm nm nm nm Clear View Allen (EllaB.) Elementary Valley VistaElementary MontessoriAmericanSchool BonitaLearningAcademy SweetwaterSecondary Ma t c h l i n e - D e t a i l Sh e e t 4 o f 6 Matchline - DetailSheet 2 of 6 Sheriff- BonitaStorefront NationalCity Police Chula Vis t a C h u l a V i s t a Ch u l a V i s t a N a t i o n a l C i t ySanDiego National C i t y NationalCity N a t i o n a l City City ofChula Vista National City City ofSan Diego R e o D r Plaza Bonit a R d OldOrc h a r d Ln A l i s o D r Plaza B o n i t a R d P s o d e F u e n tes Sweetwater Rd Vi s t a D r H i l l t o p D r OtayLakesRd P e p p e r T r e e R d Bonita Mesa R d Ly n n d alePl I- 8 0 5 Bonita R d LynwoodDr V a ll e y V ista Rd BonitaHeightsLn Valley Rd V i l l a s D r Horto n R d BayLeafDr Terra Nova Dr E St S Bay Fwy Stockman St A c e r o P l delPra d o S t W i n d j a m merCir A v e A r r o y o PlzBonitaCenterw a y Lyn n d a l e Ln PutterD r C l l A b a j o Bonita Rd Kr is ta Ct S Bay Pkwy Cll Florecita BakerPl C e nter St M e s a V i s t a W a y V i a R o m a ya P a d e r a Way C a r v a ll o s D r Cagle St PaderaCt Hid d e n Vista Dr TramPl Abeto D r Serrano Ln V i e w v e r d e H o r i z o n Vie w Dr S urre y D r Ola Ct Pso R o s a l LagascaPl P s o B u r g a F St Wi l l o w St P a l o C t Valley Rd Sandlewood D r AcaciaAve R a n c h o d e l R e y P k w y C a m d e l C e r r o G r a n d Rand y L n WoodhouseAve Cll Mesita E s t a n c i a s D r P a l m D r Pradera Pl Ba y o n a L o o p N Rancho del Rey P k w Fa i r P a c o delCorroCt Bonita Verde D r BonitaViewDr Allen School Ln Verde Ct PrivateR d Acero St Rio Vis t a D r B o nita V alle y L n A l s t o n A v e Parkside D r Galdar Pl C a l m o o r S t DoralWay Glen AbbeyBlvd R o y a l P l LawnviewDr CamEspuelas HuertoPl C r e l a S t Westview Pl Westvi e w Dr Legat e C t ArdillaPl P a l o D r A v e P a l o V e r d e Biggs Ct WindroseWay ChantelCt S m o k y Cir Aliso Ct Cll Lagasc a BeaconPl F a i r l o m a s R d Mon t e r a Ct VistaP t LowewoodPl Alameda Way R i o V i s t a P l C oralwood C t M a v e r i c k P l Newberry St M il a g r osaCt C a m Bis c a y M o o nvi ew Dr B o n it a GlenDr C ll S a lSiPuedes A l l e n S c h o o l R d Lion Cir Moya Pl CarlosCanyonDr Plz delCid K e l l i e C t Windy Ln V i s t a C o r o n a d o D r S u r r e y Pl A b e t o C t Glen RosevaleDr P arksideCt Cll Escarpada Cam Elevado ReoTer del CorroPl Trail A l t a L o m a D r LantanaRd C o r r a l C t L o m acitasLn B o n i t a C h r i s t i a n C t r F a ir l in d oWa y C i e n e g a D r VisSanMiguel A n d o r r a W a y CorralesLn L y n d a P l R o sa l C t BonitaGlenTer Mesa Verde Rd Wrangler Ct C o r d e l l e L n M a n z a n o Pl Ti m S t V i llasCt Wago n whee l Way Ring Rd Songbird Ln GrevilleaWay Fallbrook Ct ValleVerdeSt L a d i o s o CtCarmonaCt TheHillRd Va l l e y Vi s t a F o r k R a w h i deCt Kiley R d M aj e s t a d L n M alito Dr M o u n t a i n V i e w W a y T o n a w a n d aDr Ho l l y W a y B o n it a C a n y o nR d K a p l a n W a y D u f f y W a y Equitation L n Loma Paseo R e z k o Way Palencia Ct V a l l e y V i s t a W a y MansionesLn P alencia Pl G r a n dview Pl V i s t a N a c i o n D r Balsamina Dr Pad r o n e P l Golfglen Rd E u c a l y p t u s C t C r e s t a W a y la Cresta Way Bur g a L o o p St a r w o o d C i r C l l l a Mirada San Miguel Ct Menard St E Flo w e r S t S Rancho del Rey Pkw C r e s t a B o n i t a D r G r e e n w o o d Pl Glen A b b e y D r B u c k a r o o Ln OceanView Dr Sleep y H o l l o w L n AdrienneDr M ilagrosa Cir ·|}þ54 §¨¦805 1:00 1:15 0:40 0:30 0:45 1 : 0 0 0:35 0:20 0:25 1:00 C r o s s S e c t i o n 6 Cr o s s S e c t i o n 8 Cro s s S e c t i o n 7 Cro s s S e c t i o n 9 BonitaviewHome Modern HomeHealthCare, Inc. 6,312,000 6,312,000 6,315,000 6,315,000 6,318,000 6,318,000 6,321,000 6,321,000 6,324,000 6,324,000 1, 8 1 6 , 0 0 0 1, 8 1 6 , 0 0 0 1, 8 1 8 , 0 0 0 1, 8 1 8 , 0 0 0 1, 8 2 0 , 0 0 0 1, 8 2 0 , 0 0 0 1, 8 2 2 , 0 0 0 1, 8 2 2 , 0 0 0 Legend nm School!Z Law Enforcement Facility ¦¨Fire Facility GF Licensed Healthcare Facility Æ`AirportFlow PathCross SectionApprox. Time to 1 Foot Depth(hrs:mins)Approx. Maximum FloodingExtent Source Topo Lake LevelsIncorporated CityMaximum Inundation Depth(feet) 0 - 11 - 22 - 33 - 66 - 1212 - 18> 18 25Feb2019 Z:\Projects\1804376_Sweetwater_Loveland\SweetwaterDam_Inundation_Detailed_6k.mxd SI ·|}þ163 ·|}þ54·|}þ94 ·|}þ125·|}þ75 SAN DIEGOCOUNTY §¨¦15 §¨¦805 §¨¦5 Chula Vista Coronado ImperialBeach La Mesa LemonGrove National City San Diego 1 6 4 5 3 2 Data Sources: Incorporated City Limits from CalFire, January 2017. Licensed Healthcare Facilities, Schools, Fire Stations and Law Enforcement Facilities from SanGIS, February, 2019. Highways are from CalTans, 2018 1. This map was developed for the benefit of local emergency managers and the California Governor's Office of EmergencyServices. The information shown is approximate and should be used as a guide for emergency response and preparation. 2. The inundation map meets all applicable state and federal standards and has been prepared in consideration of potentialdownstream hazards by a licensed civil engineer. 3. The results presented herein do not reflect the structural integrity of the dam and are not a statement of the dam's safety.The analysis presented is based on a hypothetical dam failure of Sweetwater Main Dam using 2D modeling software. 4. Cross Section Values:Distance from Dam and Stationing are reckoned from the centerline of Sweetwater Main Dam along the displayed Flow Path.Distance from Dam is in miles and Stationing is in feet (Stationing 12+34 = 1,234').Initial Wave Arrival Time, 1 Foot is the time to achieve 1 foot of water depth after initiation of the dam break.Time to Peak is the time to achieve the maximum water depth after initiation of the dam break. 2:00 0 500 1,000250Feet 0 0.125 0.25Miles 4. Cross Section Values continued:Peak Inundation Depth is the maximum water depth in feet.Peak Velocity is the maximum velocity in feet per second.Peak Discharge is an estimate of the maximum flow rate integrated over the entire cross section line in cubic feet per second.Peak Water Surface Elevation is the maximum water surface elevation in feet.Location Description indicates major roads that cross, or are near, the Flow Path at that cross section. 5. The values displayed in the table for each cross section are the maximum for that parameter along each cross section line, except for theInitial Wave Arrival Time, 1 Foot and Time to Peak which are the minimum for that parameter along each cross section line. 6. For other details refer to the supporting report "Sweetwater Main Dam Inundation Technical Study" February 2019. 7. Structures are shown in the aerial photo on the maps but may not clearly display all possible structures potentially within the inundation limits. 8. Map projection: State Plane, California Zone VI, Feet, North American Datum 1983. Border Tics display these coordinate values.All elevations are referenced to North American Vertical Datum 1988. Notes: © 2018 Sweetwater Authority Scale 1:6,000 o USGS The National Map: Imagery -1 1 7 . 0 1 6 2 8 4 32.642036  -1 1 7 . 0 1 6 4 8 8 32.665534  -1 1 7 . 0 6 8 9 6 2 32.665197 -1 1 7 . 0 6 8 7 4 4 32.641699 Model Date12/10/2018 Map Date02/14/2019 Description Dam Owner:Sweetwater Authority505 Garrett AveChula Vista, CA 91910 Information Contact: Mosher, Ron R. (619) 409-6750Emergency Contact: (619) 409-6750 Accepted By---Prepared ByGEI Consultants Page 737 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Inundation Depth MapSunny Day Hypothetical Failure ofSweetwater Main DamFlood Depth and Arrival Time National Dam ID: CA00775 State Dam ID: 2020.000Detail Sheet 4 of 6 San Diego County Inundation Analysis Performed by and Inundation Maps Created By: GEI Consultants, Inc. Christopher Kissick, PE 84861 GF GF GF GF GF GF GF GF GF GF ¦¨!Z !Z!Z !Z nm nm nm nm nm nm nm nm nm nmnm nm nm nm C r o s s S e c t i o n 1 4 San Diego Bay UNITED EDUCATIONINSTITUTE-CHULAVISTA Feaster (MaeL.) Charter SweetwaterHigh RosebankElementary Howard GardnerCommunityCharter PilgrimLutheran South BayChristianAcademy ChulaVista FireStation 1 Ma t c h l i n e - D e t a i l Sh e e t 6 o f 6 Ma t c h l i n e - D e t a i l Sh e e t 5 o f 6 Ma t c h l i n e - D e t a i l Sh e e t 3 o f 6 Chula VistaPolice National CityPolice Chula Vi s t a N a tional City C h u l a V i s t a N a t i o n a l C i t y Chula Vist aNational C i t y Chula Vista C h u l a V i s t a National C i t y N a t i o n a l C i t y N ational C i t y City ofChulaVista National City D A v e Prospect St N a t i o n a l C i t y B l v d 4 t h A v e ShelbyDr 3 r d A v e F St Eu c l i d A v e S Bay Fwy S Bay Fwy Sweetwater R d 1 s t A v e E St 2 n d A v e C St W 2 4 t h S t C St G u a v a A v e W 23rd St H o o v e r A v e S a b i n e C t I- 8 0 5 I - 5 EdgemereDr E 30th St I- 5 L A v e 3rd Ave H i l l t o p D r Center St B r o a d w a y Via Cavour H i g h l a n d A v e GSt E 32nd St H a r r i s o n A v e D St Via Salaria 5 t h A v e GroveSt J e f f e r s o n A v e d e l M a r A v e W o o d l a w n A v e O r a n g e S t A l l e y Madrona St Trousdale Dr M c K i n l e y A v e Flower St Va lley RdC arlyCt G St N d e l M a r A v e W 32nd St V i a B a r b e r i n i V i a V e n e t o G l o v e r C t E F l o w e r S t E 28th St R i n g R d J A v e T i d e l a n d s A v e E St S a b i n e W a y D St Sea Vale St K A v e N 2nd A v e E 31st St D St Plaza Bonita R d Cypress St M i n o t A v e HawthorneW alk B St Davidson St N G l o v e r A v e E 27th St E 28th St E 32nd St E l m A v e E 25th St E 26th St Dor a n C t N A v e ViaB i s s o l o tti M A v e C o r s o D i I t a l i a O l e a n d e r D r C y p r e s s S t W 28th St C l e v e l a n d A v e Casselman St G l o v e r A v e G A v e G a r r e t t A v e W 26th St V is t a W a y T r a n s p o r t a t i o n A v e d e l M a r A v e N i x o n P l S o u t h p o r t W a y G o e s n o P l Bonita Rd A A v e Mc Intosh St B a y B l v d W 25th St Lansley Way A l l e y P r i v a t e R d V i s t a W a y C o r t e M a ri a A v e Fern StB r i g h t w o o d A v e I A v e P r i v a t e R d C A v e Center St E 29th St C St Alley Irving Ct S m i t h A v e D a t e A v e W 22nd St Se a V a l e C t W 30th St B r i s b a n e S t B a k e r W a l k C e d a r A v e W Madrona St J a sm i n e W a y Chula Vista St Toyon Ln R o s e m a r y P l B A v e E P a r k L n B S t P r e s s L n O l i v e S t M a d i s o n A v e O a k l a w n A v e N T r o l l e y - S t a t i o n A s h A v e P a t r i c i a A v e Gunpowder Poi n t D r T e r m i n a l A v e W 28th St L o s F l o r e s D r V i a N o m e n t a n a W i l s o n A v e K i m ballTer GunpowderPteDr C S t Ro g a nRd B e e c h A v e A S t Shirley St Marigol d P l Sea Vale St C h u r c h A v e Alley A l l e y L a n d i s A v e Chula Vista St T w i n O a k s A v e F i g A v e A l l e y E l d e r A v e C o r t e Maria A ve F A v e Montebello St Davidson St T w i nOak s C ir W 33rd St Al l e y H a f f l e y A v e W 35th St A l p i n e A v e Q u a y A v e L a s F l o r e s D r ·|}þ54 ·|}þ54§¨¦805 §¨¦5 §¨¦5 2:3 0 1: 4 5 1:45 1:30 1:30 1:30 2 : 4 5 1:00 2:1 5 1:45 1:45 1:45 1:45 1: 4 5 2:00 1:30 1:15 2:00 1:45 1:3 0 2: 1 5 1:45 2:30 2:15 2 : 0 0 1:3 0 1:45 1:00 1:15 1:30 C r o s s S e c t i o n 1 3 C r o s s S e c t i o n 1 1 C r o s s S e c t i o n 1 0 C r o s s S e c t i o n 1 2 FrederickaManor CareCenter San DiegoDialysisServices, Inc. OperationSamahanHealth Clinic Chula VistaFamily HealthCenter OperationSamahan CommunityHealth Center Chula Vista FamilyCounseling Center HealthwiseHome HealthCare Inc. BonitaHomecare 6,294,000 6,294,000 6,297,000 6,297,000 6,300,000 6,300,000 6,303,000 6,303,000 6,306,000 6,306,000 6,309,000 6,309,000 1, 8 1 4 , 0 0 0 1, 8 1 4 , 0 0 0 1, 8 1 6 , 0 0 0 1, 8 1 6 , 0 0 0 1, 8 1 8 , 0 0 0 1, 8 1 8 , 0 0 0 1, 8 2 0 , 0 0 0 1, 8 2 0 , 0 0 0 Legend nm School!Z Law Enforcement Facility ¦¨Fire Facility GF Licensed Healthcare Facility Æ`AirportFlow PathCross SectionApprox. Time to 1 Foot Depth(hrs:mins)Approx. Maximum FloodingExtent Source Topo Lake LevelsIncorporated CityMaximum Inundation Depth(feet) 0 - 11 - 22 - 33 - 66 - 1212 - 18> 18 25Feb2019 Z:\Projects\1804376_Sweetwater_Loveland\SweetwaterDam_Inundation_Detailed_6k.mxd SI ·|}þ163 ·|}þ54·|}þ94 ·|}þ125·|}þ75 SAN DIEGOCOUNTY §¨¦15 §¨¦805 §¨¦5 Chula Vista Coronado ImperialBeach La Mesa LemonGrove National City San Diego 1 6 4 5 3 2 Data Sources: Incorporated City Limits from CalFire, January 2017. Licensed Healthcare Facilities, Schools, Fire Stations and Law Enforcement Facilities from SanGIS, February, 2019. Highways are from CalTans, 2018 1. This map was developed for the benefit of local emergency managers and the California Governor's Office of EmergencyServices. The information shown is approximate and should be used as a guide for emergency response and preparation. 2. The inundation map meets all applicable state and federal standards and has been prepared in consideration of potentialdownstream hazards by a licensed civil engineer. 3. The results presented herein do not reflect the structural integrity of the dam and are not a statement of the dam's safety.The analysis presented is based on a hypothetical dam failure of Sweetwater Main Dam using 2D modeling software. 4. Cross Section Values:Distance from Dam and Stationing are reckoned from the centerline of Sweetwater Main Dam along the displayed Flow Path.Distance from Dam is in miles and Stationing is in feet (Stationing 12+34 = 1,234').Initial Wave Arrival Time, 1 Foot is the time to achieve 1 foot of water depth after initiation of the dam break.Time to Peak is the time to achieve the maximum water depth after initiation of the dam break. 2:00 0 500 1,000250Feet 0 0.125 0.25Miles 4. Cross Section Values continued:Peak Inundation Depth is the maximum water depth in feet.Peak Velocity is the maximum velocity in feet per second.Peak Discharge is an estimate of the maximum flow rate integrated over the entire cross section line in cubic feet per second.Peak Water Surface Elevation is the maximum water surface elevation in feet.Location Description indicates major roads that cross, or are near, the Flow Path at that cross section. 5. The values displayed in the table for each cross section are the maximum for that parameter along each cross section line, except for theInitial Wave Arrival Time, 1 Foot and Time to Peak which are the minimum for that parameter along each cross section line. 6. For other details refer to the supporting report "Sweetwater Main Dam Inundation Technical Study" February 2019. 7. Structures are shown in the aerial photo on the maps but may not clearly display all possible structures potentially within the inundation limits. 8. Map projection: State Plane, California Zone VI, Feet, North American Datum 1983. Border Tics display these coordinate values.All elevations are referenced to North American Vertical Datum 1988. Notes: © 2018 Sweetwater Authority Scale 1:6,000 o USGS The National Map: Imagery -1 1 7 . 0 6 7 3 7 1 32.638753  -1 1 7 . 0 6 7 5 8 9 32.662251  -1 1 7 . 1 2 0 0 6 1 32.661892 -1 1 7 . 1 1 9 8 2 9 32.638394 Model Date12/10/2018 Map Date02/14/2019 Description Dam Owner:Sweetwater Authority505 Garrett AveChula Vista, CA 91910 Information Contact: Mosher, Ron R. (619) 409-6750Emergency Contact: (619) 409-6750 Accepted By---Prepared ByGEI Consultants Page 738 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Inundation Depth MapSunny Day Hypothetical Failure ofSweetwater Main DamFlood Depth and Arrival Time National Dam ID: CA00775 State Dam ID: 2020.000Detail Sheet 5 of 6 San Diego County Inundation Analysis Performed by and Inundation Maps Created By: GEI Consultants, Inc. Christopher Kissick, PE 84861 GF GF GF GF GF GF GF GF GF ¦¨ ¦¨ !Z nm nmnm nm nm nm nmnm nm nm nm nm nm nm nm nm San Diego Bay INTERAMERICAN COLLEGE Las Palmas Lincoln Acres John A. OtisElementaryNationalCity Middle Kimball Olivewood SweetwaterHigh National SchoolDistrict Preschool FaithfulAmbassadors BibleBaptist Academy NationalCity Adult NationalCity FireStation 34 NationalCity FireStation 31 Matchline - DetailSheet 4 of 6 NationalCity Police C h u l a V i s t a National Ci t y ChulaVista NationalCity National City N a t i o n a l C i t y N a t i o n a l C i t y City ofChula Vista National City Civic Center D r E 16th St E 18th St I- 8 0 5 J A v e N A v e E 24th St H a r b o r D r E u c l i d A v e E Plaza Blvd E 24th St D A v e A l l e y W 8th St I- 5 N a t i o n a l C i t y B l v d SweetwaterRd S B a y F w y W 2 4 t h S t T i d e l a n d s A v e P a l m A v e W 23rd St I- 8 0 5 S Bay Fwy W 19th St H o o v e r A v e EdgemereDr K i d d S t I- 5 E 30th St N a t i o n a l C i t y B l v d T a f t A v e T e r m i n a l A v e H i g h l a n d A v e W 18th St E 32nd St F e n t o n Pl H a r r i s o n A v e F A v e Via Salaria P ro spect St W i l s o n A v e W 9th St 4 t h A v e O r a n g e S t E A v e A A v e A l l e y Trousdale Dr M A v e N d e l M a r A v e W 32nd St E 26th St GroveSt H a r d i n g A v e E 20th St N e w e l l S t E 22nd St E 11th St E 15th St E 24th St E 14th St KimballWay N 2nd A v e E 31st St R o o s e v e l t A v e E 28th St W 22nd St E 22nd St C St W 17th St W 16th St E 27th St E 21st St E 28th St E 23rd St B A v e C A v e E 2 0 t h S t E 32nd St W 14th St W 12th St E 12th St E 21st St E 20th StAlley W 1 5 t h S t W 21st St L A v e E 19th St W 11th St E 25th St W 20th St E 26th St E 17th St 7 t h S t H o o v e r A v e V i a V e n e t o ViaB i s s o l o t ti M A v e K A v e C o r s o D i I t a l i a W 28th St C l e v e l a n d A v e C A v e N G l o v e r A v e W 26th St C u m m i n g s R d T r a n s p o r t a t i o n A v e N i x o n P l E 1 9 t h S t G r o v e S t S o u t h p o r t W a y E A v e K A v e Orrell Dr W 25th St 2 n d A v e V a l l e V i s t a A v e Lincoln C t S All St O r a n g e S t A A v e J A v e B A v e R o o s e v e l t A v e E 17th St I A v e E 18th St C A v e A l l e y E 29th St Private Rd G A v e A l l e y E 13th St Alley E 22nd St C o o l i d g e A v e B A v e E 1 4 t h S t W Plaza Blvd A l l e y A l l e y M c K i n l e y A v e Irving Ct I A v e Shelb y D r E 17th St M c K i n l e y A v e F A v e Rose Dr R a e P l G A v e RidgewayDr l a S i e s t a W a y W 30th St B r i s b a n e S t L a s F l o r e s D r V i a B a r b e r i n i P r e s s L n V i a N o m e n t a n a O l i v e S t 10th St S h e r y l L n W 11th St Dewey St W 28th St I A v e Q A v e A l l e y Shirley St E 12th St P r o s p e c t S t S L a n o i t a n A v e A l l e y O A v e E 15th St Roselawn St F A v e Via Las Palmas V i s t a W a y We s t A v e VirginiaDr 3 r d A v e Mole Rd W 33rd St Q u a y A v e H a r r i s o n A v e H a f f l e y A v e ·|}þ54 §¨¦805 §¨¦5 §¨¦5 3:1 5 1:30 1:30 3:3 0 1:30 1:45 3:15 3: 3 0 3:00 1:45 1:45 2:00 1:30 2:00 1:30 2 : 1 5 3:15 3 : 0 0 1:30 2:45 2:30 1:00 1: 4 5 1:15 C r o s s S e c t i o n 1 3 C r o s s S e c t i o n 1 2 C r o s s S e c t i o n 1 1 Cro s s S e c t i o n 1 4 C r o s s S e c t i o n 1 1 Windsor GardensConvalescent CenterOf San Diego HillcrestManorSanitarium San DiegoDialysisServices, Inc. OperationSamahanHealth Clinic National CityFamily Clinic Operation SamahanCommunity Health Center HealthwiseHome HealthCare Inc. 6,294,000 6,294,000 6,297,000 6,297,000 6,300,000 6,300,000 6,303,000 6,303,000 6,306,000 6,306,000 1, 8 2 0 , 0 0 0 1, 8 2 0 , 0 0 0 1, 8 2 2 , 0 0 0 1, 8 2 2 , 0 0 0 1, 8 2 4 , 0 0 0 1, 8 2 4 , 0 0 0 1, 8 2 6 , 0 0 0 1, 8 2 6 , 0 0 0 Legend nm School!Z Law Enforcement Facility ¦¨Fire Facility GF Licensed Healthcare Facility Æ`AirportFlow PathCross SectionApprox. Time to 1 Foot Depth(hrs:mins)Approx. Maximum FloodingExtent Source Topo Lake LevelsIncorporated CityMaximum Inundation Depth(feet) 0 - 11 - 22 - 33 - 66 - 1212 - 18> 18 25Feb2019 Z:\Projects\1804376_Sweetwater_Loveland\SweetwaterDam_Inundation_Detailed_6k.mxd SI ·|}þ163 ·|}þ54·|}þ94 ·|}þ125·|}þ75 SAN DIEGOCOUNTY §¨¦15 §¨¦805 §¨¦5 Chula Vista Coronado ImperialBeach La Mesa LemonGrove National City San Diego 1 6 4 5 3 2 Data Sources: Incorporated City Limits from CalFire, January 2017. Licensed Healthcare Facilities, Schools, Fire Stations and Law Enforcement Facilities from SanGIS, February, 2019. Highways are from CalTans, 2018 1. This map was developed for the benefit of local emergency managers and the California Governor's Office of EmergencyServices. The information shown is approximate and should be used as a guide for emergency response and preparation. 2. The inundation map meets all applicable state and federal standards and has been prepared in consideration of potentialdownstream hazards by a licensed civil engineer. 3. The results presented herein do not reflect the structural integrity of the dam and are not a statement of the dam's safety.The analysis presented is based on a hypothetical dam failure of Sweetwater Main Dam using 2D modeling software. 4. Cross Section Values:Distance from Dam and Stationing are reckoned from the centerline of Sweetwater Main Dam along the displayed Flow Path.Distance from Dam is in miles and Stationing is in feet (Stationing 12+34 = 1,234').Initial Wave Arrival Time, 1 Foot is the time to achieve 1 foot of water depth after initiation of the dam break.Time to Peak is the time to achieve the maximum water depth after initiation of the dam break. 2:00 0 500 1,000250Feet 0 0.125 0.25Miles 4. Cross Section Values continued:Peak Inundation Depth is the maximum water depth in feet.Peak Velocity is the maximum velocity in feet per second.Peak Discharge is an estimate of the maximum flow rate integrated over the entire cross section line in cubic feet per second.Peak Water Surface Elevation is the maximum water surface elevation in feet.Location Description indicates major roads that cross, or are near, the Flow Path at that cross section. 5. The values displayed in the table for each cross section are the maximum for that parameter along each cross section line, except for theInitial Wave Arrival Time, 1 Foot and Time to Peak which are the minimum for that parameter along each cross section line. 6. For other details refer to the supporting report "Sweetwater Main Dam Inundation Technical Study" February 2019. 7. Structures are shown in the aerial photo on the maps but may not clearly display all possible structures potentially within the inundation limits. 8. Map projection: State Plane, California Zone VI, Feet, North American Datum 1983. Border Tics display these coordinate values.All elevations are referenced to North American Vertical Datum 1988. Notes: © 2018 Sweetwater Authority Scale 1:6,000 o USGS The National Map: Imagery -1 1 7 . 0 7 4 7 2 0 32.652155  -1 1 7 . 0 7 4 9 4 0 32.675653  -1 1 7 . 1 2 7 4 1 9 32.675291 -1 1 7 . 1 2 7 1 8 6 32.651793 Model Date12/10/2018 Map Date02/14/2019 Description Dam Owner:Sweetwater Authority505 Garrett AveChula Vista, CA 91910 Information Contact: Mosher, Ron R. (619) 409-6750Emergency Contact: (619) 409-6750 Accepted By---Prepared ByGEI Consultants Page 739 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Inundation Depth MapSunny Day Hypothetical Failure ofSweetwater Main DamFlood Depth and Arrival Time National Dam ID: CA00775 State Dam ID: 2020.000Detail Sheet 6 of 6 San Diego County Inundation Analysis Performed by and Inundation Maps Created By: GEI Consultants, Inc. Christopher Kissick, PE 84861 GFGF GF GF GF GF GF GF GF GF ¦¨ ¦¨ !Z !Z!Z nm nm nm nm nm nm nm nm nm nm nm nm nmnm nm nm nm nm San Diego Bay NOTE: LEVEL OF MAP AND MODEL DETAIL MAYAPPEAR TO SHOW ISOLATED PONDING IN AREASLESS THAN ONE FOOT. NATIONALUNIVERSITY-CHULAVISTA UNITED EDUCATIONINSTITUTE-CHULAVISTA Feaster (MaeL.) Charter Vista SquareElementary Chula VistaMiddle MuellerCharter(Robert L.) Chula VistaSenior High Davila Day Howard GardnerCommunityCharter DiegoSpringsAcademy Diego ValleyCharter PilgrimLutheran St. Rose ofLima School National UniversityVirtual High School ChulaVista FireStation 1 Chula VistaPlanned FSBay Front Matchline - DetailSheet 4 of 6 Chula VistaPolice South BayDetentionFacilitySouth CountyCourthouse C h u l a V i s t a C h u l a V i s t a City ofChula Vista D St 4 t h A v e F St J e f f e r s o n A v e G u a v a A v e E St Gunpowder Po i n t D r 3 r d A v e B r o a d w a y G St J St H St I - 5 I- 5 Center St H St I St 5 t h A v e M a r i n a P k w y Kearney St B a y B l v d J e f f e r s o n A v e W J St G St Madrona St Cypress St Flower St 2 n d A v e Shasta St Alvarado St M a n k a t o S tShasta Dr M a d i s o n A v e S a n d p i p e r W a y Marina P k w y F i g A v e B e e c h A v e Montebello St Halsey St 5 t h A v e K St E l d e r A v e Davidson St R i v e r l a w n A v e d e l M a r A v e S m i t h A v e G a r r e t t A v e I St Park Way G l o v e r A v e James St Kearney St Ga r r e t t A v e G l o v e r A v e B a y B l v d L a n d i s A v e Lansley Way Halsey St Fern St B r i g h t w o o d A v e B r i g h t w o o d A v e W o o d l a w n A v e G u a v a A v e Madrona St E P a r k L n Bay Front St G u a v a A v e C e d a r A v e C o l o r a d o A v e W Madrona St d e l M a r C t B S t T w i n O a k s A v e W o o d l a w n A v e Garden Pl L a n d i s A v e E M a n o r D r Bayside Pkwy W Center St B r i g h t w o o d A v e James Ct Vance St G lo v e r Pl L o s F l o r e s D r WhitneySt G u npowderPteDr C S t A S t S a n M i g u e l D r C h u r c h A v e Otis St Roosevelt St A l l e y Vance St E P a r k L n A s h A v e F i g A v e G l o v e r A v e O a k l a w n A v e A l l e y E l d e r A v e M a d i s o n A v e Alley J St Q u a y A v e A s h A v e W a l n u t A v e B e e c h A v e C e d a r A v e S C o l o r a d o A v e D a t e A v e N T r o l l e y - S t a t i o n G u a v a A v e W M a n o r D r Pl o v e r W a y W o o d l a w n A v e Roosevelt St J e f f e r s o n A v e O a k l a w n A v e §¨¦5 §¨¦5 2:45 2: 3 0 2 : 0 0 1:45 2:1 5 C r o s s S e c t i o n 1 4 P a r adiseCreek Scripps MercyHospital -Chula Vista Scripps MercyHospital -Chula Vista South Bay PostAcute Care FreseniusMedical CareMarina Bay Chula VistaFamily HealthCenter Chula VistaMedical Plaza Chula Vista FamilyCounselingCenter BonitaHomecare 6,294,000 6,294,000 6,297,000 6,297,000 6,300,000 6,300,000 6,303,000 6,303,000 6,306,000 6,306,000 1, 8 0 8 , 0 0 0 1, 8 0 8 , 0 0 0 1, 8 1 0 , 0 0 0 1, 8 1 0 , 0 0 0 1, 8 1 2 , 0 0 0 1, 8 1 2 , 0 0 0 1, 8 1 4 , 0 0 0 1, 8 1 4 , 0 0 0 Legend nm School!Z Law Enforcement Facility ¦¨Fire Facility GF Licensed Healthcare Facility Æ`AirportFlow PathCross SectionApprox. Time to 1 Foot Depth(hrs:mins)Approx. Maximum FloodingExtent Source Topo Lake LevelsIncorporated CityMaximum Inundation Depth(feet) 0 - 11 - 22 - 33 - 66 - 1212 - 18> 18 25Feb2019 Z:\Projects\1804376_Sweetwater_Loveland\SweetwaterDam_Inundation_Detailed_6k.mxd SI ·|}þ163 ·|}þ54·|}þ94 ·|}þ125·|}þ75 SAN DIEGOCOUNTY §¨¦15 §¨¦805 §¨¦5 Chula Vista Coronado ImperialBeach La Mesa LemonGrove National City San Diego 1 6 4 5 3 2 Data Sources: Incorporated City Limits from CalFire, January 2017. Licensed Healthcare Facilities, Schools, Fire Stations and Law Enforcement Facilities from SanGIS, February, 2019. Highways are from CalTans, 2018 1. This map was developed for the benefit of local emergency managers and the California Governor's Office of EmergencyServices. The information shown is approximate and should be used as a guide for emergency response and preparation. 2. The inundation map meets all applicable state and federal standards and has been prepared in consideration of potentialdownstream hazards by a licensed civil engineer. 3. The results presented herein do not reflect the structural integrity of the dam and are not a statement of the dam's safety.The analysis presented is based on a hypothetical dam failure of Sweetwater Main Dam using 2D modeling software. 4. Cross Section Values:Distance from Dam and Stationing are reckoned from the centerline of Sweetwater Main Dam along the displayed Flow Path.Distance from Dam is in miles and Stationing is in feet (Stationing 12+34 = 1,234').Initial Wave Arrival Time, 1 Foot is the time to achieve 1 foot of water depth after initiation of the dam break.Time to Peak is the time to achieve the maximum water depth after initiation of the dam break. 2:00 0 500 1,000250Feet 0 0.125 0.25Miles 4. Cross Section Values continued:Peak Inundation Depth is the maximum water depth in feet.Peak Velocity is the maximum velocity in feet per second.Peak Discharge is an estimate of the maximum flow rate integrated over the entire cross section line in cubic feet per second.Peak Water Surface Elevation is the maximum water surface elevation in feet.Location Description indicates major roads that cross, or are near, the Flow Path at that cross section. 5. The values displayed in the table for each cross section are the maximum for that parameter along each cross section line, except for theInitial Wave Arrival Time, 1 Foot and Time to Peak which are the minimum for that parameter along each cross section line. 6. For other details refer to the supporting report "Sweetwater Main Dam Inundation Technical Study" February 2019. 7. Structures are shown in the aerial photo on the maps but may not clearly display all possible structures potentially within the inundation limits. 8. Map projection: State Plane, California Zone VI, Feet, North American Datum 1983. Border Tics display these coordinate values.All elevations are referenced to North American Vertical Datum 1988. Notes: © 2018 Sweetwater Authority Scale 1:6,000 o USGS The National Map: Imagery -1 1 7 . 0 7 4 7 0 9 32.621657  -1 1 7 . 0 7 4 9 2 9 32.645155  -1 1 7 . 1 2 7 3 9 0 32.644793 -1 1 7 . 1 2 7 1 5 7 32.621295 Model Date12/10/2018 Map Date02/14/2019 Description Dam Owner:Sweetwater Authority505 Garrett AveChula Vista, CA 91910 Information Contact: Mosher, Ron R. (619) 409-6750Emergency Contact: (619) 409-6750 Accepted By---Prepared ByGEI Consultants Page 740 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Evacuation Route Assessment 4-5 February 2024 Evacuation Route Capacity and Viability Study CITY OF CHULA VISTA evacuation route. To avoid significant congestion, incremental evacuation of these zones could be considered if advanced warning of the flood hazard due to the dam breach permits. Given the distance to Sweetwater Dam and Reservoir, Inundation maps show that initial flood waters will reach the City in just less than 25 minutes. Given the time between the dam breach and flooding effects that would impact or make evacuation routes unusable, it will be critical to develop advance warning methods that would identify a likely breach of the dam so the preemptive evacuation order could be given. One such example would be an earthquake event that causes damage to the dam but does not immediately cause a dam breach. Under some emergency scenarios such as an earthquake that does cause immediate rupture or dam breach, it may not be possible or practical to declare a vehicle-based evacuation and a shelter in place order may be more appropriate. Page 741 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda City of Chula Vista Safety Element 1 City Council Item 8.1 April 23, 2024 Page 742 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT What is a Safety Element? What is a Safety Element? •Mandatory chapter of the General Plan •Required by California Government Code Section 65302 •Identify and plan for response to avoid and minimize effects of natural and human-made hazards Page 743 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT What is a Safety Element? Geologic and Seismic Activity Wildfires Flooding Sea Level Rise Drought Tsunami Climate Change Impacts NATURAL HAZARDS Dam Inundation Crime Hazardous Materials Vulnerability of Critical Facilities HUMAN-MADE HAZARDS Natural and Manmade Hazards Page 744 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT Why is the City Updating It? Required by law to be updated every time the Housing Element is updated New laws have come into effect since the last adoption of the element Addition of climate resiliency policies Evacuation routes identification and assessment Linkage to Hazard Mitigation Plan Linkage to other City Plans-CAP,EOP Updated data/information is available Page 745 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT One Online Survey English and Spanish 90+Responses Two Community Workshops Identical –Eastern and Western Chula Vista Presentation and interactive exercises Public Review Period March 4 to March 19,2024 Staff/Agency Review City Staff-Planning,Public works,Fire,Police City Attorney California Department of Forestry and Fire Protection (CAL FIRE) Public Outreach Page 746 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT Organization Current Safety-Related Goals and Policies Environmental Element Public Services and Facilities Element New Safety Element Repeal sections from existing GP Ease of update with the Housing Element update every cycle Page 747 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT Cal Fire Consultation Pursuant to SB 1241 Consultation with Cal Fire Addition and updates to Wildfire policies and actions -Fuel modification/defensible space -Fire-safe design -Fire breaks -Evacuation -Water supply -Emergency services -Education/outreach Fire Hazard Areas Reviewed by Board of Forestry and Fire Protection (CAL FIRE) Staff-Approval hearing –April 9, 2024 Page 748 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT Evacuation Routes Study Pursuant to SB 99 Identification of evacuation routes and access to two or more evacuation routes for residential areas Pursuant to AB 747 Analysis of evacuation routes to include the safety,viability,and capacity under a range of emergency scenarios Two scenarios analyzed Evacuation Routes Page 749 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT Integration of Hazard Mitigation Plan Pursuant to AB 2140 San Diego County Multi- Jurisdictional Hazard Mitigation Plan City-Jurisdictional Partner Allows for the implementation of hazard mitigation strategies Cover local shares of the 25%non-federal portion of grant-funded post-disaster projects Vulnerability Assessment of Critical Facilities Critical Facilities Page 750 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SAFETY ELEMENT Climate Resilience Pursuant to SB 379 Vulnerability Assessment from MJHMP of critical facilities Topics-Climate change, Extreme Heat,Sea Level Rise, Resilience, Drought Address climate adaption and resiliency strategies CAP integrated by reference Addition of climate resilience policies and actions Climate Change Climate Change Factors impacting the City Observed (1961-1990) Mid-Century (2035-2064) Medium Emissions High Emissions Annual Average Maximum Temperature (°F) 71.0 -71.7 72.6 –76.0 73.1 –76.5 Extreme Heat Days (days)2 –4 5 –16 6 –20 Annual Precipitation (inches)10.8 10.6 10.4 Annual Average Area Burned (acres)247.5 –290.1 279.0 –335.6 303.2 –344.1 Page 751 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda PLANNING COMMISSION On March 27th Planning Commission voted 6-0-1 to recommend that City Council approve the resolution to amend the General Plan to establish a new Safety Element. Page 752 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RELATIONSHIP TO EMERGENCY PLANNING Example of the City’s commitment to properly planning for emergency preparedness, mitigation, and public safety Remain current with Local, State, and Federal guidelines and best practices Supports requirements for: Grant opportunities Reimbursement post disaster Fire Risk Reduction Community List (FRRCL) Emergency Management – Preparedness and Mitigation Page 753 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Staff recommends that the City Council adopt the Resolution to establish the Safety Element. Recommendation Page 754 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 03 P a g e | 1 April 23, 2024 ITEM TITLE Mobilehome Space Rent Review: Reduce the Administrative Fee for Mobilehome Rent Control Services to $5 for Fiscal Year 2024-25 and Amend Chula Vista Municipal Code Chapter 9.50 “Mobilehome Space Rent Review” to Streamline Administration and Hearings Report Number: 24-0134 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Adopt: A) an Ordinance Amending Chapter 9.50 of the Chula Vista Municipal Code “Mobilehome Park Space Rent Review” to add section 9.50.025 “Mobilehome Rent Review Hearing Officer – Creation of Position – Authority”, amend section 9.050.030 “Administrative fee” to update reporting requirements, amend section 9.50.070 “Initiation of space rent review” to update procedures, and update references accordingly (First Reading); B) an Ordinance repealing section 2.31 of the Chula Vista Municipal Code “Mobilehome Rent Review Commission” (First Reading); and C) Resolution Amending Chapter 18 of the City’s Master Fee Schedule and reducing the administrative fee from $10 to $5 for fiscal year 2024-2025. SUMMARY Under Chula Vista Municipal Code Chapter 9.50, “Mobilehome Park Space Rent Review”, mobilehome park owners have the right to raise rental rates above the Annual Permissive Rate. Park residents are also given the right to petition such rental rate increases. Historically, cases were heard by the Mobilehome Rent Review Commission, although there has not been a case since updates were made to the ordinance in 2012. This item provides recommended changes to transition hearing of cases from the Mobilehome Rent Review Commission to a Hearing Officer and seeks to reduce the administrative fee from $10 to $5 for fiscal year 2024-2025. Page 755 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 ENVIRONMENTAL REVIEW The activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines because the proposal consists of a reporting action, is not for a site-specific project(s) and will not result in a direct or indirect physical change in the environmental. Therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Housing and Homeless Advisory Commission (“HHAC") will be provided with an update at their next meeting. DISCUSSION Background The City of Chula Vista has long recognized that mobilehomes and trailer parks are a critical source of naturally occurring affordable housing for low-income residents of Chula Vista, and that sudden or large rent increases may leave residents vulnerable to displacement and homelessness . In order to protect these residents, in 1982 the City adopted Chula Vista Municipal Code (CVMC) Chapter 9.50, “Mobilehome Park Space Rent Review” (“CVMC 9.50” or the “Ordinance”), as allowed by Mobilehome Residency Law. Over the years, the Ordinance has been amended several times to update the process for reviewing petitions and disputes, adjust the rental cap formula, and revise the method of payment for administration of the program. Most recent amendments were made in 2010-2013, to remove the right to petition increases on change of ownership (CVMC section 9.50.077, “Vacancies and rents upon change of mobilehome ownership”) and create an optional administrative fee (CVMC section 9.50.030, “Administrative fee”). Effective August 18, 2011, CVMC section 9.50.030 established an Administrative Fee which allows eligible mobilehome residents to annually opt in or out of receiving benefits and services under the Ordinance. The establishment of the administrative fee was necessary to continue the administration of CVMC 9.50 at the time of the 2010-2012 amendments when staff were processing several cases each year and to continue providing administration of the Ordinance. At present, eligible residents opt into rent control services by paying an administrative fee on an annual basis, currently $10. Residents who opt in can only have their rent raised once in a 12-month period and only by the annual permissive rate established by a formula based on the Consumer Price Index. As of February 13, 2024 the annual permissive rate is 3.6%. Under CVMC section 9.50.063 mobilehome park owners have the right to raise rental rates above the annual permissive rate for existing residents; however, park residents can in turn petition to challenge these rental rate increases. This process begins when park owners or managers provide a 90-day notice of rental increase. Park owners must then hold a mandatory meeting with residents within 10 days of issu ing a rent increase notice above the annual permissive rate. Park owners must then seek to come to an agreement with more than 50% of the affected residents. Alternatively, residents may file a petition with the City within 30 days of the notice of increase. The filing of a petition will trigger a hearing to be scheduled within 30 days of the petition filing. Historically, cases were heard by the Mobilehome Rent Review Commission (the “Commission”), originally formed in 1991 by CVMC Chapter 2.31, who establish a fixed space rent based on information and documentation reviewed during the hearing. The following factors may be considered: Page 756 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 a. The need for the proposed rental increase in order to permit the owner to secure a fair and reasonable return. b. Rate of return earned by the park owner in previous years as determined by a fair return analysis expert. c. The extent to which the proposed rental increase will cause a reduction in the resale value of the mobilehome. d. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area published by the Bureau of Labor Statistics. e. Fair market rental value as determined by “comparables” of similar and existing mobilehome spaces or mobilehomes in the South Bay area of San Diego County f. The timing and amount of rents and increases for this and other spaces at the mobilehome park. g. The quantity and quality of the improvements and features at the mobilehome park and any decrease or increase in such improvements and features. h. The quantity and quality of services offered to park residents and any decrease or increase in such improvements and features. In considering the existing or expected expenses in owning and operating the park in following prudent business practices, the hearing may consider the following or any similar or related items of expense, the reasonableness of such items, and changes to them: a. Actual financial investment in park improvements. b. Property or other taxes. c. Mortgage or ground rent payments. d. Utility costs. e. Capital improvements or rehabilitation work. f. Repairs required. g. Other operating and maintenance costs. Due to the complexity of the financial analysis needed to appraise and calculate a fair rate of return within mobilehome parks, third party experts are often needed for rent review cases. Current Conditions Rent Review Hearing Advisory Authority Since updates to CVMC 9.50 were last made in 2013, there have not been any cases brought to a hearing for mobilehome space rents in the City. Two parks, Ranch Bonita and El Mirador, initiated increases beyond the annual permissive rate; however, in both cases, either the residents voluntarily agreed to the increase or the park retracted the proposed increase. There has therefore been little reason to convene members of the Mobilehome Rent Review Commission other than to provide educational workshops, park tours, and conduct the annual review of the administrative fee prior to Council adoption each May. The infrequency of Commission meetings has resulted in administrative difficulty surrounding staffing of the commission or ensuring a quorum is available when the need for a Commission meeting does arise. This also coincided with Citywide efforts to consolidate and enhance Boards and Commissions, as presented to Council on November 8, 2022, and staff recognized a potential opportunity to transition away from the Mobilehome Rent Review Commission and adopt alternative hearing measures. Page 757 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4 Administrative Fee Collection & Fund Balance The administrative fee was initially set at $60, to cover the costs of administration and maintain a contingency to hire experts if cases were brought forward. City staff reviews the fee annually, to ensure that it is set at an amount that will cover the estimated costs of administering the Ordinance and the City’s mobilehome rent control program, in accordance with Proposition 218 (1996) and Proposition 26 (2010). The fee analysis includes the estimated costs of holding hearings, hiring experts, and noticing and collecting the fee, among other costs. Due to the decreased demand for administrative hearings, the fee has been reduced several times since it was implemented to reflect the accumulated balance and estimated annual costs. It is currently set at $10. Public Engagement Due to the timing of the collection of the annual administrative fee in May of each year, and the accumulation of a fund balance, staff felt it was critical to move quickly to hold public meetings and gauge community input into potential changes to a hearing officer format and options surrounding the administrative fee. Therefore, two meetings were held, as follows: 1) a Virtual meeting April 5 from 10-11 a.m. for park owners and managers; and 2) a Public meeting at City Hall on April 8 from 5-6 p.m. In addition, all materials and updated information were maintained on the City’s Mobilehome Community webpage and a public comment period was held for stakeholders to review proposed Ordinance amendments. Rent Review Hearing Advisory Authority To address the concerns related to the lack of rent review hearings in over ten years and ability to convene the Commission, staff considered and presented the following options: 1) Creation of a Hearing Officer. In the event a case arises, this position would perform the duties and monitoring previously conducted by the Mobilehome Rent Review Commission. Staff recommends that the Hearing Officer be the City Manager, or designee, who would be responsible for considering cases, presiding at hearings, and making impartial decisions on matters based on the written materials prepared prior to the hearing, testimony of experts, and information received at the hearing. 2) Hiring of a Third Party for Appeals. If either party objected to the results of the City held hearing, a third party appeal through the Office of Administrative Hearings (OAH) could be held. OAH is a quasi- judicial tribunal that hears administrative disputes. Established by the California Legislature in 1945, OAH provides independent Administrative Law Judges (ALJs) to preside as neutral judicial officers at hearings, mediations, arbitrations, and settlement conferences. Current rates for utilizing OAH can be found on page 16 of the 2023-2024 Price Book. Administrative Fee Collection & Fund Balance In light of the accumulation of a fund balance, and a decrease in petitions for rent review hearings, staff considered and presented the following options: 1) Continue to collect the fee. The City could continue the existing program, whereby, park residents have the option of paying the administrative fee in order to opt-in to the City’s rent control program. If the City Council elects to do so, City staff would recommend that it: a. Review its current operations to see if there are other activities that reasonably fall under its rent-control program, and that could, therefore, reasonably be funded with the revenue from Page 758 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 5 this fee. This would be a way to keep the program as it is but spend down some of the funds that have been collected. The funds would have to be spent on activities for which the fee was collected. Thus, the fee revenue could be used for things beyond rent review hearings, suc h as developing any administrative guidelines beyond what’s in the Ordinance, processing communications from park owners and residents about the rent control program, etc. b. Reduce the fee for the 2024-2025 year, in light of the accumulated fund balance and decrease in the number of anticipated hearings. 2) Cease collecting the fee. Alternatively, the City could cease collection of the fee and utilize the remaining balance for continued staff administration of the Ordinance and Hearing Officer expenses until the fund balance is exhausted. If this option is pursued, City staff would develop guidelines as to how the accumulated funds would be most appropriately allocated. Stakeholder Outcomes Stakeholders (both park owner and residents) voiced concerns about the Hearing Officer being an unknown person and wanted staff to consider utilizing known mediation services. In addition, stakeholders indicated that they were not ready for the administrative fee to be repealed, but staff should consider suspending the fee for a period. To staff’s surprise, a majority of mobilehome residents expressed that they wished to keep the fee in place, because it provided a greater level of confidence that they are indeed protected by the rent control program. Based on this feedback, and remaining concerns about fully repealing or suspending the fee, staff are proposing to make changes to the Ordinance to address the advisory authority for rent review hearings and maintain the fee at a reduced rate for this coming fiscal year. Staff would then conduct additional outreach and research over the next 6-8 months and return to Council, if needed, with further proposed revisions. Therefore, final recommendations for consideration tonight are summarized below. Proposed Updates Amendments to CVMC 9.50 As proposed in Attachment 1, amendments to Chapter 9.50 would address the current concerns as detailed below.  Creation of a Hearing Officer (add section 9.50.025 and update references as necessary) - Staff are proposing the creation of a Hearing Officer position to relieve City Council or any Commission of the required functions necessary to hear cases and fix mobilehome space rents. Staff intends for the City Manager, or designee, which can include a third party, to serve as a Mobilehome Rent Review Hearing Officer, as further described in the proposed addition of section 9.50.025. Staff are not proposing to further alter the current process for rent review hearings or appeals at this time. If approved, this action would also require the repeal of Chapter 2.31 “Mobilehome Rent Review Commission”.  Annual Approval of Administrative Fee (amend section 9.50.030.A) - Chapter 9.50 requires that the Administrative Fee be established annually by the action of the City Council. Staff recommends amending Section 9.50.030 to eliminate the yearly obligation of adopting the administration fee if there are no alterations to its amount. Administrative Fee for FY25 Chapter 9.50 offers unique benefits and services solely to eligible mobilehome residents. As part of the annual Administrative Fee update process, staff are reporting out on prior year revenues and expenditures to establish the amount necessary to recover the costs of administering Chapter 9.50. This report provides Page 759 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 6 an update on revenues and expenditures for July 1, 2023 - June 30, 2024, and the fee recommendation for FY 25. Fiscal Year 2023-24 (“FY 24”) Projected Revenues and Expenditures Revenues for FY 24 were anticipated to total $23,000 based on 2,300 residents paying a fee of $10. Actual payments were received from 2,358 eligible spaces, with some residents overpaying. After all attempts were made to return overpayments, efforts resulted in total collected revenues of $23,670. A summary of revenues and projected expenditures is provided in Table 1, followed by a description of related activities. Table 1: FY 24 BUDGET SUMMARY Budgeted Actual Revenues: Fund Balance as of 7/1/23 $ 229,127 Fee Revenues $ 23,000 $ 23,670 Investment Earnings $ 0 $ 0 TOTAL FUNDS $ 252,797 Expenditures: Staff Charges $ 37,000 $ 28,000* Experts $ 25,000 $ 0 Administrative/Billing Costs $ 5,000 $ 4,959 TOTAL EXPENDITURES $ 32,959 Surplus/Deficit $ 219,838 *Projected charges through June 30, 2024 Staff Charges Administration of Chapter 9.50 is projected to result in staff charges of $28,000 for FY 24. Staff provided the following services:  Ombudsman Activities (Office Visits & Mobilehome Information Line) – Staff responded bilingually to all inquiries related to Chapter 9.50.  Resident Invoicing Preparation – A June 1st billing and/or ineligible notice was sent to all mobilehome/trailer residents. In August, reminder notices were sent to all residents with a balance due and to those residents determined ineligible.  Fee Collection – Collection and processing of fee payments received, including additional administrative expenses for online payment portal maintenance issues.  Database Maintenance – Maintained the database with current resident information.  Mobilehome Rent Review Commission (“MHRRC”) Educational Meetings - Provided general ombudsman related activities to residents.  Annual Permissive Rent Calculations - Twice a year, the Consumer Price Index (CPI) is released. Notification was sent to all park owners and managers of the annual permissive rate as calculated under CVMC Section 9.50.050.  Rent Review Inquiries/Hearing Administration – Staff coordinated inquiries regarding rental increases between residents and park management as needed. Page 760 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 7 Experts No rent review hearings or hiring of experts was necessary during FY 24. Funds collected will be available to appropriate in FY 25 for hiring of experts if a rent review case is required. The lack of hearings also resulted in staff time reimbursement savings to the program. Administrative Costs (Postage, Office Supplies and Printing) In FY 24, the billing of the administrative fee was contracted out for the sixth year. Additional annual administrative costs, including CPI notices and publication of this hearing notice were incurred. FY 25 Budget and Administrative Fee Staff recommends the Administrative Fee be reduced to $5 for FY 25, due to the current fund balance and lack of rent review hearing activity. Important factors taken into consideration include:  Since the Ordinance amendments in 2013, no rent review cases have been heard for existing residents. However, two rent review cases began the process (Rancho Bonita in fiscal year 2014-15 and El Mirador in fiscal year 2017-18). In both cases, the rent increases were agreed upon between resident and owner prior to hearing. Prior to the 2013 amendments, existing resident rent review cases occurred approximately every other year. Therefore, staff has forecasted expenditures with one case every three years. This is a change from prior forecasting of every other year.  Staff costs to administer the fee and rent review services have remained stable.  Since the fee has been reduced to $30 or less, more residents have been consistently paying. Therefore, it is projected that 2,350 residents will pay this coming year. Table 2 provides a summary of the FY 25 budget which anticipates one rent review case and a contingency of $25,000 for expert time related to one additional case, if needed, with an estimated ending fund balance of $141,588. Table 2: FY 25 BUDGET SUMMARY Budget Revenues: Projected Fund Balance as of 7/1/24 $ 219,838 Anticipated Fee Revenues (2,350 @ $5) $ 11,750 TOTAL ANTICIPATED REVENUES $ 231,588 Expenditures: Staff Charges $ 35,000 Experts $ 25,000 Administrative/Billing Costs $ 5,000 TOTAL ANTICIPATED EXPENDITURES $ 65,000 Contingency for Expert $25,000 Anticipated Fund Balance as of 6/30/24 $ 141,588 With the fee of $5, annual revenues alone will not cover costs if heavy administrative costs are expended in any given year. Therefore, fund balance would then be used to maintain administrative services. If cases were to occur every third year, program funds would rapidly be depleted, however due to the lack of cases staff will continue to monitor the fee for future year increases or decreases. Account projections based on differing fee amounts and assuming cases every third year are detailed in Table 3 below. Page 761 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 8 Table 3: FUND BALANCE PROJECTIONS Given current workload and few actual cases, staff has projected being able to maintain the fee for several years at $5, as established by amendments to Chapter 18 of the City’s Master Fee Schedule, reference Attachment 2, and will make further considerations to changes in the fee if any cases are heard in the next few years. Conclusion Staff remains committed to streamlining and reducing expenses associated with the administration of the Mobilehome Rent Review Ordinance, while still ensuring a fair and effective process for protecting the rights of both mobilehome park owners and mobilehome coach owners. The amendments to create a Hearing Officer process and thereby eliminating the need for the Mobilehome Rent Review Commission, and updates to the annual administrative fee collection would reduce staff costs and eliminate ongoing challenges to maintain the Commission. Any matters related to mobilehome living could be brought before the Housing & Homeless Advisory Commission for consideration in the future. Staff will continue the public dialogue started this month to determine if further revision to the administrative fee collection process are needed and return to Council prior to April of next year if necessary. 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 any property (mobilehome parks) 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 There is no current year fiscal impact to the General Fund as a result of this action. Costs associated with administration of CVMC 9.50 are included in the Housing Authority budget within the Mobilehome fund. 0 50000 100000 150000 200000 250000 300000 FY23 FY24 FY25 FY26 FY27 FY28 $5 $10 $12 $15 $20 Page 762 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 9 ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the General Fund as a result of this action as currently presented. Updates made to CVMC 9.50 will have minor impacts on staff administrative process and will streamline many staff duties. Staff will continue to evaluate impacts and provide the HHAC with updates related to administrative changes and/or budgetary impacts. Funds in the Housing Authority budget within the Mobilehome fund will be utilized for ongoing administrative expenses. ATTACHMENTS 1. Redline Amendments to CVMC Chapter 9.50 2. Redline to the City’s Master Fee Schedule Chapter 18 Staff Contact: Stacey Kurz, Director of Housing and Homeless Services Carlos Rodriguez, Management Analyst II Page 763 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda C:\Program Files\eSCRIBE\TEMP\2365494038\2365494038,,,Ordinance A - Amendments CVMC Chapter 9.50.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 9.50 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME PARK SPACE RENT REVIEW” TO ADD SECTION 9.50.025 “MOBILEHOME RENT REVIEW HEARING OFFICER – CREATION OF POSITION – AUTHORITY”, AMEND SECTION 9.50.030 “ADMINISTRATIVE FEE”, AND AMEND VARIOUS SECTIONS TO STREAMLINE ADMINISTRATIVE FEE COLLECTION WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to establish rent control; and WHEREAS, the City of Chula Vista has recognized the role of mobilehome parks and the need to regulate rents within such housing type since February 11, 1982; and WHEREAS, on August 17, 1982 via Ordinance 1997, the City Council adopted Chapter 9.50, “Mobilehome Park Space Rent Mediation” (Chapter 9.50), of the Chula Vista Municipal Code (CVMC) establishing a mechanism for mediating mobilehome park space rents and establishing the basis for our current ordinance; and WHEREAS, on May 7, 1991 via Ordinance 2451, CVMC Chapter 2.31 was added to create the Mobilehome Rent Review Commission (the “Commission”), and renamed Chapter 9.50 to “Mobilehome Park Space Rent Review”; and WHEREAS, the Commission was created to provide an advisory body to provide an independent review of the disputes over rent increases in mobilehome parks within the City of Chula Vista under Chapter 9.50; and WHEREAS, from 2011-2013 the City adopted various amendments to Chapter 9.50 resulting in no new rent review cases for over ten years and, the reduced need to meet with the Commission; and WHEREAS, the infrequency of Commission meetings has resulted in administrative difficulty surrounding staffing of the commission or ensuring a quorum is available if the need for a Commission meeting arose and led staff to identify this at the November 8, 2022 City Council meeting where Citywide efforts to consolidate and enhance Boards and Commissions was presented; and WHEREAS, to address current conditions and streamline administration, staff has identified new procedures to conduct rent review hearings by disbanding the Mobilehome Rent Review Commission and authorizing the City Manager, or designee, to act as the mobilehome rent review hearing officer; and Page 764 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 2 WHEREAS, staff recommends adding section 9.50.025, establishing the position of Mobilehome Rent Review Officer; and WHEREAS, on August 18, 2011, via ordinance 3195, CVMC Chapter 9.50 the City adopted section 9.50.030 “Administrative Fee” to establish an administrative fee to provide the mobilehome residents services and benefits available to them only under Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive and exceeding the annual permissive) which results in reduced rents and related services; and WHEREAS, on February 14, 2012, the City adopted “Mobilehome Park Space - Rent Review Administrative Fee Regulations” establishing a process for determining and collecting such fee; and WHEREAS, section 9.50.030 currently requires an annual report to City Council regardless of any proposed changes to the fee; and WHEREAS, in order to streamline administration, staff proposes to amend section 9.50.030 to only require an annual report when an amendment to the administrative fee is required; and WHEREAS, City staff has identified other recommended, clean-up amendments to Chapter 9.50. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 9.50, Mobilehome Rent Space Rent Review, is hereby amended to read as follows: Chapter 9.50 MOBILEHOME PARK SPACE RENT REVIEW [Sections 9.50.001 and 9.50.005 remain unchanged.] 9.50.010 Definitions. [Definitions A through J remain unchanged.] K. “Mobilehome Rent Review Hearing Officer” or “Hearing Officer” means the City Manager, or designee; the City Manager’s designee may include a City staff member, at the Director level or above, or an independent third-party acting as an agent of the City, in the City Manager’s discretion. Page 765 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 3 [Sections 9.50.012 and 9.50.015 remain unchanged.] 9.50.020 Legal requirements and procedures created. This chapter creates legal requirements and procedures that must be followed when rent is increased in mobilehome parks. In the event a mobilehome park owner increases rent without complying with the provisions of this chapter, including but not limited to providing the required notice, the park owner may be held accountable for such failure through criminal, civil and administrative action in accordance with CVMC 9.50.100 and 9.50.102. A park owner who willfully and improperly collects rent shall be subject to repayment of up to three times the amount of rent improperly collected, after a hearing before the Mobilehome Rent Review Hearing Officer, or in a civil action brought by a mobilehome resident. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.025 Mobilehome Rent Review Hearing Officer - Creation of Position - Authority A. In order to relieve the Mobilehome Rent Review Commission and the City Council of certain routine functions necessary to the proper administration of this chapter, the position of Mobile Home Rent Review Hearing Officer is created. B. Authority. The Mobilehome Rent Review Hearing Officer shall have the authority to consider cases, preside at hearings, and make impartial decisions on matters based on the written materials prepared and submitted to the Hearing Officer prior to the hearing, and information received at the hearing, including any permitted testimony. 9.50.030 Administrative fee. The City Council finds that this chapter provides unique benefits and services to a limited segment of the public, specifically mobilehome residents. Such benefits and services include, but are not limited to, a calculation of rents under this chapter (annual permissive and increase above annual permissive) that results in reduced rents and attendant ombudsman activities. An administrative fee shall be required of mobilehome residents to receive the benefits and services provided by this chapter. The aforementioned administrative fee shall be established as follows: A. The City shall report to the City Council each fiscal year with a recommendation regarding the amount necessary to recover the costs of administering this chapter, and the proportion of said fee levied on the mobilehome residents based on the relative services provided. Notwithstanding the foregoing, if the City Manager or designee determines that the recommendation to the City Council would be to maintain the fee at its then-current level, the fee shall continue at that level, without City Council action required. Page 766 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 4 B. The administrative fee shall be set forth in the City of Chula Vista master fee schedule. The fee and manner in which to collect it shall be determined by the standards set forth in the City Council approved fee resolution. Pursuant to section 9.50.030.A., above, if the fee will not be increased in any given year, the standards adopted in the previous fee resolution shall remain in effect. C. This fee shall not be included in the rent base when calculating ministerial rent increases. D. This chapter shall apply to each mobilehome rental space within parks, except such spaces that are exempt from such fee because of a space rental agreement that meets the requirements of Section 798.17 of the California Civil Code. Such exemptions shall be verified as identified in the City Council approved fee resolution. E. The provisions of this chapter shall not apply and no petition will be accepted from a resident opposing a rent increase above the annual permissive and no hearing or other proceeding shall be scheduled or take place for a mobilehome space rent in which there is an unpaid administrative fee. The City shall establish a grace period for unpaid fees to be made current. For any new incoming residents to a park, charges for the fee shall not begin until the start of the next fiscal year of their first year of occupancy. F. Park owners shall notice individual residents one time annually by each May 1st with a “Courtesy Notice” as provided below. The aforementioned “Courtesy Notice” may be provided to a resident via U.S. mail, included in the monthly rental statement, or delivered to their residence or individual “in box” where rental statements may be placed. The noticing of residents under this paragraph shall not be a condition precedent to a rental increase. ADMINISTRATIVE FEE COURTESY NOTICE TO: RESIDENT SUBJECT: CITY OF CHULA VISTA RENT CONTROL FEE The purpose of this communication is to remind you of the City of Chula Vista’s “Mobilehome Park Space Rent Review” ordinance (Chula Vista Municipal Code Chapter 9.50) and associated fee; the City will be billing for such fee prior to June 1st. Please be advised that per Section 9.50.030(E) of the City’s Municipal Code, in order to be eligible for rent control under the City’s ordinance during the upcoming year, you must pay an administrative fee to the City. To be eligible you must meet the following criteria: 1) You own the coach/trailer; 2) You have a valid space rental agreement for a term of 12 months or less; and Page 767 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 5 3) The home is your principal residence. If a resident does not pay the rent control fee for that year, the resident is no longer covered by the rent control ordinance for the period July 1-June 30 of the subsequent year. This means that the landlord can increase the rent on the resident’s site to any amount chosen by the landlord. The amount of the increase will not be limited to the rent control increase amount (annual permissible rate) published by the City of Chula Vista or as otherwise provided in the rent control ordinance. If the fee is not paid within 60 days (grace period) of the due date with any associated late fees, you will lose the protection of rent control and if the landlord raises your rent, the new rent level becomes your new base rent even if you pay the rent control fee in the future window of time when you can once again be covered by rent control, beginning July 1st of the subsequent year. For additional information or if do not receive your bill from the city by June 7th, please call the City of Chula Vista mobile home information line at (619) 585-5600. G. This section shall be operative July 1, 2012. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011). [Sections 9.50.050 and 9.50.063 remain unchanged.] 9.50.064 Informal meeting requirements. Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063, the park owner shall hold an informal meeting for the benefit of the affected residents to discuss the increase. It is hoped that such a meeting may lead to voluntary settlement of the dispute. The meeting should be set for a time and date believed to be convenient for residents and may be changed to a different date based on the reasonable request of the majority of affected residents. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residents of the mobilehome park to cause a public hearing to be scheduled. The decision of the the Mobilehome Rent Review Hearing Officer shall be applicable to all affected homeowners. In the event that more than 50 percent of the resident(s) and park owner reach a voluntary written agreement of the increase in space rent, the rent shall be fixed as specified in CVMC 9.50.075. Should the affected resident(s) and the park owner be unable to reach a voluntary settlement of the dispute in the increase in space rent, the resident shall be entitled to file a “Request for Hearing” form as permitted in CVMC 9.50.066 and 9.50.070. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Page 768 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 6 9.50.066 Request for hearing form. Mobilehome residents shall have a right to file for a hearing and determination by the the Mobilehome Rent Review Hearing Officer of rent increases in excess of the annual permissive rent increase. To file for such a hearing, a resident must deliver the request for hearing form to the City within 30 days of the delivery of “Notice of Rent Increase in Excess of the Annual Permissive Rent Increase” from the park owner or their agent. The request for hearing shall be in substantively the form prescribed in Appendix One of this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.070 Initiation of space rent review. A. Request for Hearing. If a rent dispute cannot be resolved at a meeting with a park owner, a resident may initiate a rent review by the the Mobilehome Rent Review Hearing Officer by filing a request for hearing with the City, in the form prescribed in CVMC 9.50.066 (the “Request”). B. Scheduling of Hearing. Upon the filing of a Request for hearing in accordance with this chapter, the City shall notify the Mobilehome Rent Review Hearing Officer of such request, who shall schedule a hearing on the matter within 30 days after the date of receipt of such Request or as soon thereafter as practical. The City shall send written notice to the park owner and the resident(s) filing such Request for hearing of the time and place set for the hearing. The hearing will be noticed and held in a manner that provides due process to all affected parties. Should such hearing affect more than 50 percent of those spaces at the mobilehome park, the park owner or their agent shall post in a conspicuous place within the mobilehome park a copy of the written notice of the hearing. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.073 Factors to consider in fixing space rent through the hearing process. If a proposed rental increase is submitted to the the Mobilehome Rent Review Hearing Officer pursuant to the provisions of this chapter, the Hearing Officer shall determine the rent that affords the park owner a fair and reasonable return on investment, and, in doing so, shall consider the factors listed below. The Hearing Officer has the authority to request information and/or documentation related to these factors that will assist them in making such determination. The City and/or their designee shall review all evidence to be presented to the Hearing Officer for their consideration. The Hearing Officer’s decision shall be based on the preponderance of the evidence at the hearing. The Hearing Officer shall consider the following factors: A. The need for the proposed rental increase in order to permit the owner to secure a fair and reasonable return, when considering the existing rental scheme for all spaces in the park and all existing or expected expenses in owning and operating the park. A fair and reasonable return Page 769 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 7 may be determined by the Hearing Officer by reference to industry standards, risk of investment, or other acceptable standards. 1. In considering the existing or expected expenses in owning and operating the park in following prudent business practices, the Hearing Officer should consider the following or any similar or related items of expense, the reasonableness of such items, and changes to them: a. Actual financial investment in park improvements. b. Property or other taxes. c. Mortgage or ground rent payments. d. Utility costs. e. Capital improvements or rehabilitation work. f. Repairs required. g. Other operating and maintenance costs. Operating costs shall not include the following: i. Avoidable and unnecessary expenses, including refinancing costs; ii. Any penalty, fees or other interest assessed or awarded for violation of this or any other law; iii. Legal fees, except legal fees incurred in connection with successful good-faith attempts to recover rents owing, and successful good-faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from residents; iv. Depreciation of the property; v. Any expense for which the park owner has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement or any other method. Cost of replacement or repair incurred or necessary as a result of the park owner’s negligence or failure to maintain, including costs to correct serious code violations at the park. 2. In considering the existing or expected income from owning and operating the park, the Hearing Officer should consider the rent schedule for all spaces in the park and any similar or related items verifying income for the mobilehome park for the last three years, the reasonableness of such items, and changes to them. Page 770 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 8 B. Rate of return earned by the park owner in previous years as determined by a fair return analysis expert. All parties, including the City, shall have the right to hire their own expert. C. The extent to which the proposed rental increase will cause a reduction in the resale value of the mobilehome. D. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area published by the Bureau of Labor Statistics. E. Fair market rental value as determined by “comparables” of similar and existing mobilehome spaces or mobilehomes in the South Bay area of San Diego County, including those in Chula Vista, as determined by an MAI appraiser. All parties, including the City, shall have the right to hire their own independent MAI appraiser. F. The timing and amount of rents and increases for this and other spaces at the mobilehome park. G. The quantity and quality of the improvements and features at the mobilehome park and any decrease or increase in such improvements and features. H. The quantity and quality of services offered to park residents and any decrease or increase in such improvements and features. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.075 Fixing of space rent in excess of the permissive rent increase. The rent on any particular mobilehome space shall be fixed as established herein. Any determination of fair, just, and reasonable rent determined by the Hearing Officer shall not be applicable to those spaces exempt from this chapter nor to those spaces not covered by the written notice of an increase in rent. A. In the event that the resident and an owner reach agreement as to the space rent in excess of the annual permissive rent increase for that calendar year, with or without the benefit of a hearing, the rent shall be fixed at the agreed upon rent at such time as the agreement is reached unless the agreement provides for a different effective date. B. In the event that the resident and an owner do not reach agreement, and the rent has been established by the Hearing Officer according to the procedures herein established, the rent shall be fixed at the rental rate so established by the Hearing Officer as of 90 days after the resident’s original receipt of the notice of rent increase. The Hearing Officer shall have the right to fix a different date, if the Hearing Officer deems the park owner nonresponsive to the hearing requests. C. Consistent with its findings, the Hearing Officer may: Page 771 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 9 1. Permit the requested increase which is in excess of the annual permissive rent increase to become effective in whole or in part; or 2. Deny the increase which is in excess of the annual permissive rent increase. However, the Hearing Officer may not set the rent lower than the pre-existing rent or higher than the amount contained in the notice of rent increase in excess of the annual permissive rent increase. D. Unilateral Refusal to Participate in the Hearing Process. In the event the Hearing Officer finds that the resident or owner has failed or refused to, in good faith, follow the procedure herein fixed for the establishment of rent, which may include but not be limited to refusal to attend noticed hearings or failure to provide a copy of all rent increase notices to residents, then the Hearing Officer shall fix the rent as follows: 1. If the resident has failed or refused to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the rental rate contained in the notice of rent increase in excess of the annual permissive rent increase. 2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the annual permissive rent increase. E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or greater than the rent fixed by subsection (A), (B) or (C) of this section shall constitute a waiver by the owner of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless the tenant consents, in writing, to waive the provisions of this subsection. F. All parties to the hearing shall be advised of the Hearing Officer’s decision and be given a copy of the findings upon which the decision is based. The conclusions and findings of the Hearing Officer shall be final. Any party disputing the final conclusions and findings of the Hearing Officer may seek review of the Hearing Officer’s actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). [Sections 9.50.076 and 9.50.077 remain unchanged.] 9.50.078 Right to mediate mobilehome resale price. A. In line with the purpose of this chapter to maintain a supply of more affordable housing choices in the mobilehome market, it is the goal and objective of the City that a current mobilehome owner should not be able to command, due to limited mobilehome space Page 772 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 10 availability, a higher price for a mobilehome upon sale due to the fact that the rent is regulated by the provisions of this chapter. The City Council finds that there is currently no evidence that overcharging for mobilehomes is a significant problem in Chula Vista, and that it has little, if any, significant effect on the supply of more affordable housing choices in the City of Chula Vista, so as to require mobilehome resale price regulation by the City. The City Council finds that this is due, in part, to the annual permissive rent increases provided in this chapter. The City Council further finds that if, after time, it appears that the mediation process offered by this section is inadequate to address any potential problem with overcharging, it may reconsider more stringent control over mobilehome overcharging in the future. B. The park owner shall post the following notice in a prominent place, in the on-site office: NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE PRICE OF MOBILEHOME A potential purchaser of a mobilehome has the right to mediate the purchase price of a mobilehome, if you contend that the purchase price is higher because of rent regulation, than the purchase price might ordinarily be without rent regulation. In order to submit the purchase price dispute, based solely on the grounds that the purchase price is more than would ordinarily be without rent regulation, between yourself and your potential seller to the Chula Vista Mobilehome Rent Review Hearing Officer for non-binding mediation you must: 1. Extend an offer to purchase the mobilehome, but not execute an agreement to purchase; 2. Sign and file with the city the form requesting mediation prior to executing a purchase agreement; and 3. Participate in the mediation process provided by the the Mobilehome Rent Review Hearing Officer. C. If, prior to executing a mobilehome purchase agreement, the new or prospective mobilehome resident contends that the price at which the mobilehome is offered by the current mobilehome owner is higher because of rent regulation than the price of the mobilehome without rent regulation, the new or prospective mobilehome owner has the right, upon tender to the seller of an offer to purchase the mobilehome at a price acceptable to the new or incoming mobilehome owner, to submit the price dispute to the the Mobilehome Rent Review Hearing Officer for mediation. D. Upon submittal of the price dispute to the the Mobilehome Rent Review Hearing Officer by the new or prospective mobilehome owner, the Hearing Officer shall hear the dispute as soon as Page 773 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 11 practical, not sooner than 10 days’ notice to the buyer and seller of the time and place at which the mediation shall occur. If the seller fails to appear, the Hearing Officer should hear the complaint and evidence of the new or prospective mobilehome owner for the purpose of creating a record of such abuses, if any. However, the Hearing Officer shall have no power to set the resale price of a mobilehome with or without the presence of the parties. E. The purpose of the mediation, and the sole jurisdiction of the Hearing Officer in the mediation, is to get the parties to agree, if possible, to a price which reflects the value of the mobilehome as if the rents in the park were not regulated by this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). [Sections 9.50.079 and 9.50.080 remain unchanged.] 9.50.081 Proposed space rent increases at a time when there exist serious code violations at park. The City Council finds that at times residents in parks have alleged that their rents are being increased, even though the park is in a state where serious code violations which affect the health, safety, and welfare of the residents exist. The City Council further finds that park owners should be required to operate and maintain their parks in substantial compliance with applicable codes and particularly in a manner which is not hazardous to the health, safety, and welfare of the residents. Therefore, in order to encourage compliance with code requirements and to protect the health, safety and welfare of park residents, the City Council finds that it is necessary and appropriate to establish a process to limit or prohibit increases in rents which are above the annual permissive rent increase unless and until it has been reasonably determined by City staff that no serious code violations as listed in Appendix Two hereto exist at the park which would be hazardous to the health, safety, and welfare of the residents. Therefore, in a situation where a mobilehome park owner wishes to increase the rent in excess of the annual permissive rent increase, the City shall schedule an inspection of the subject mobilehome park consistent with Appendix Two within 21 calendar days of receiving a notice of such rent increase. Subject to staffing limitations, City staff will make a determination within 30 calendar days of the inspection of the subject mobilehome park as to whether or not a serious violation or violations exist within the park and whether it or they do adversely affect the health, safety, and general welfare of residents. The notice of such determination shall be provided to any homeowners association at the park, which is registered with the City, and to the park owner. The park owner may meet with City staff to discuss the violation(s) determined to exist and possible actions needed to cure such violation(s). If a serious violation as specified above is determined to exist, the park owner may cure the violation, in which case the rent increase will become effective upon such cure, after the 90 days as specified in the notice of rent increase, or upon fixing of the space rents by the Hearing Page 774 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 12 Officer whichever date or event last occurs and in compliance with CVMC 9.50.063. The park owner will receive written notification from the City of the cure of any such serious violation as determined by City staff. In the alternative, the matter of any alleged code violation shall be considered as part of the hearing process on the proposed increase or the park owner may request a hearing before the Mobilehome Rent Review Hearing Officer on the matter of the alleged violation’s relation to the proposed rent increase. The Hearing Officer may take into consideration any code violation which has not been resolved, in determining to what extent a rent increase, if any, should be allowed. After making such determination, the Hearing Officer shall fix the rent as provided for in CVMC 9.50.082. It is not the intent of this section to delay rent increases, but to attempt to resolve serious code violations during the 90-day period required by state law prior to the effective date of any rent increase. This section does not limit or preclude the City from proceeding in accordance with all applicable laws against a park owner if it is found that a violation of code exists at the park. Furthermore, any review of the specific code violations listed in Appendix Two is not intended to substitute for the comprehensive inspection program for mobilehome/trailer parks administered by the City in compliance with Title 25 of the California Code of Regulations. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.082 Denial or partial reduction of rent increases based upon code violations. The violations which may result in a denial or reduction in any proposed rent increase which is in excess of the annual permissive rent increase are limited to those listed in Appendix Two. Each year, the City shall send a copy of Appendix Two to each park for posting in a common area as required above. Violations listed in Appendix Two hereto may be modified from time to time by the City Manager without necessity of additional ordinance by the City Council. In making a determination regarding whether to permit that rent increase which is in excess of the annual permissive rent increase when serious code violations exist, the Hearing Officer and City staff shall have the discretion to work with a park owner to bring a park into compliance over a period of time. If a park owner contends that immediate compliance would result in the immediate closure of a park, the Hearing Officer and City staff shall consider this contention and address the issues of compliance on a case-by-case basis. However, the City Council finds that compliance with the minimal health and safety standards provided for herein will not result in such closures. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.085 Compliance with law and posting and disclosure requirements. A. Every mobilehome park owner shall comply with the provisions of the Mobilehome Residency Law (Chapter 2.5, Section 798 of the California Civil Code), and the provisions of this chapter. Also, a copy of the Mobilehome Residency Law and this chapter shall be prominently posted in a common area of each park’s premises at all times. Page 775 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 13 B. In addition, the information contained in the disclosure below shall be provided as follows: 1. When a mobilehome in a park is to be sold and it will remain in the park, the seller shall show the disclosure to all potential buyers; 2. The park owner will provide a copy of the disclosure to a buyer of a mobilehome that will remain in the park prior to signing of a rental/lease agreement; and 3. A copy of the disclosure acknowledged by the buyer shall be an addendum to every rental agreement, copies of which shall be kept by both the park owner and resident. MUNICIPAL CODE CHAPTER 9.50 (“RENT CONTROL”) DISCLOSURE Chula Vista Municipal Code Chapter 9.50, Mobilehome Park Space Rent Review, governs all mobilehome park spaces for leases of 12 months or less. For leases of more than 12 months, Chapter 9.50 does not apply, per Section 9.50.012 and State law. Chapter 9.50 generally applies to, but is not limited to, rent control measures. Of particular interest is Section 9.50.077, which prohibits rental petitions upon change of ownership or space vacancy. Once in place, existing resident rights are defined in Section 9.50.063, which details the noticing requirements for increases in space rent. Please initial to acknowledge reading of each section: ____(initial) 1. I understand that in order to be eligible for rent control within the City of Chula Vista my rental agreement terms must be eligible under State law and meet the following criteria: (1) the coach/trailer is owned by the resident; (2) the resident has a valid space lease/rental agreement for a term of 12 months or less; and (3) it is the resident’s principal residence. ____(initial) 2. I further understand that under Section 9.50.030 I must pay an administrative fee to have my space protected by rent control. The City will send a bill in June of my first year of residency and each subsequent June to receive the benefits and services provided for in Chapter 9.50. Failure to pay the fee means my space will not be subject to rent control and the information in the remainder of this disclosure will not be applicable to my space. ____(initial) 3. If I receive a written statement of rental increase where the “cumulative annual increase” (total rent increase for the space within the past year) is greater than the applicable change in the CPI, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) I have the Page 776 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 14 rights to petition such increase to the City after attending an informal meeting with the park owner where we shall attempt to negotiate, in good faith, a fair rental rate. ____(initial) 4. If resolution to the rental dispute is not reached at the informal meeting, I may request a hearing before the City of Chula Vista Mobilehome Rent Review Hearing Officer for enforcement of Chapter 9.50 within 30 days of receiving such written statement of rental increase by submitting a Request for Hearing Form to the City of Chula Vista, the address of which is listed below. A copy of the Mobilehome Rent Review Ordinance is available at the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista, CA 91910 or one can be obtained from park management. Acknowledgment: Mobilehome Owner Signature ________________________________ Date:_________ Printed Name_____________________ (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.087 Implementation guidelines. The City may adopt guidelines or regulations to aid in the implementation of this chapter and to assure a fair hearing process. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). [Sections 9.50.090 and 9.50.092 remain unchanged.] 9.50.100 Civil and administrative remedies. A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to the person upon whom the demand was made or from whom the rent was accepted in an amount of up to triple the amount of such improperly collected rent, and for such reasonable attorney’s fees and costs as may be determined by the court. B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by the Mobilehome Rent Review Hearing Officer, to have willfully and improperly collected rents or other fees or charges, the Hearing Officer may, on the basis of evidence received at such hearing supporting a determination that such rents, fees or charges were willfully and improperly collected, require a reduction in rent or a reimbursement of such improperly collected rents, fees, Page 777 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 15 or charges, in an amount of up to triple the amount of such improperly collected rents, fees or charges. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). [Sections 9.50.102 and 9.50.115 remain unchanged.] Appendix One NOTICE – RENT INCREASE IN EXCESS OF THE ANNUAL PERMISSIVE RENT INCREASE IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY THE MOBILEHOME RENT REVIEW HEARING OFFICER WITHIN THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY EFFECTIVE ON (DATE) [Not sooner than ninety days after date of notice.], EXCEPT AS PROVIDED IN SECTION 9.50.079 ET SEQ AND SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED THEREIN This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in Section 9.50.050 of the City of Chula Vista’s Municipal Code. An annual rent increase of the percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) is allowed without a right to a hearing of theHearing Officer. The CPI is ____% and the annual permissive rent increase is ____%. This increase is ____% of your current rent. Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code specifies that rents in excess of the annual permissive rent increase as set forth in Section 9.50.050 cannot be automatically increased for any park when there exists serious violations of applicable codes, as specifically listed in Appendix Two to Chapter 9.50. Under the city’s Municipal Code, you are entitled to the following rights: 1. Informal Meeting. I am required to hold a meeting with the residents to discuss the general reasons for the increase. The meeting will be at ___________________ [state time (must be within ten days) and place (should be at mobilehome park)]. Under the City’s ordinance, owners and residents are encouraged to attempt to resolve differences and reach a voluntary agreement regarding this increase. 2. Right to a Hearing. If you have paid the administrative fee described in Section 9.50.030 for this fiscal year (July 1-June 30), you have the right to file for a hearing and determination by the Mobilehome Rent Review Hearing Officer by delivering a form as Page 778 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 16 described in Section 9.50.066. You may file for such hearing only if you or your representative attends the meeting to discuss the increase. To file for such hearing you must deliver the request for Hearing form to the City within thirty days of the date this notice is served on you. If you are unable to attend the meeting as scheduled, you may elect to send a representative. Please submit in writing to the park owner and the City notification that you have elected to be represented at such meeting by another party and stating the name of your representative. 3. Failure to Attend Informal Meeting. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residents of the mobilehome park to cause a public hearing to be scheduled. In the event a request for hearing is initiated, the action will include the rent increase issues with regard to all the affected residents. 4. Review of Serious Code Violations. In order to establish a minimal level of health and safety standards which must exist in all mobilehome parks prior to any rent increase in excess of the annual permissive rent increase, the City will conduct an inspection of this mobilehome park in compliance with the requirements of Section 9.50.079 and based upon Appendix Two. A list of the specific code violations which apply may be obtained from the City during normal business hours, and is required to be posted in a common area of each park’s premises at all times. The City will provide notice of its determination as to whether or not a serious violation or violations exist at the mobilehome park and whether it or they do adversely affect the health, safety, and general welfare of residents to any homeowners association at the park, which is registered with the City, and to the park owner. It is the City’s intent to attempt to resolve serious code violations during the 90-day period required by State law prior to the effective date of any rent increase. Sections 9.50.080 does not limit or preclude the City from proceeding in accordance with all applicable laws against a park owner if it is found that a violation of code exists at the park. The following space numbers are subject to this increase: [insert numbers of affected spaces]. If you have questions, or need more information regarding the hearing process or serious code violations, you can call the City at (619) 585-5722. _________________ _________ Park Owner/Manager Date REQUEST FOR HEARING Page 779 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 17 Rent Increase in Excess of the Annual Permissive Rent Increase The undersigned hereby requests a hearing before the Mobilehome Rent Review Hearing Officer with regard to a proposed rent increase described in the attached notice – Rent Increase in excess of the annual permissive rent increase relating to the ______________________ Mobilehome Park. [Note: make certain you attach a copy of the notice of Rent Increase you received from the park owner.] The undersigned is a resident of the park and has attended a meeting with the park owner, or sent a representative on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal Code. The dispute has not been settled. The undersigned has also paid the administrative fee required under Section 9.50.030. It is understood that this request is irrevocable and that it may be relied on by other residents of the mobilehome park to cause a public hearing to be scheduled, and that the Mobilehome Rent Review Hearing Officer will schedule a public hearing to consider the proposed rent increase, taking into consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and that the decision of the Mobilehome Rent Review Hearing Officer shall be applicable to all affected homeowners and shall be final and binding. Signed __________________________ Print Name ______________________ Address _________________________ Telephone No. ____________________ Date ____________________________ [The completed form must be delivered to the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista CA 91910] (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011). [Appendix 2 remains unchanged.] 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 Page 780 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 18 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 Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 781 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda C:\Program Files\eSCRIBE\TEMP\21595660208\21595660208,,,Ordinance B - Repeal CVMC Chapter 2.31.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 2.31 OF THE CHULA VISTA MUNICIPAL CODE “MOBILEHOME RENT REVIEW COMMISSION” WHEREAS, on May 7, 1991 via Ordinance 2451, Chapter 2.31 of the Chula Vista Municipal Code (CVMC) created the Mobilehome Rent Review Commission (the “Commission”); and WHEREAS, the Commission was created to provide an advisory body to provide an independent review of the disputes over rent increases in mobilehome parks within the City of Chula Vista under CVMC Chapter 9.50 “Mobilehome Park Space Rent Review” (Chapter 9.50); and WHEREAS, from 2010-2013 the City adopted various amendments to Chapter 9.50 resulting in no new rent review cases for over ten years and the reduced need to meet with the Commission; and WHEREAS, the infrequency of Commission meetings has resulted in administrative difficulty surrounding staffing of the commission or ensuring a quorum is available if the need for a Commission meeting arose; and WHEREAS, staff identified this at the November 8, 2022 City Council meeting where Citywide efforts to consolidate and enhance Boards and Commissions was presented; and WHEREAS, staff has identified a new advisory authority for rent review hearings as adopted in amendments to Chapter 9.50 being heard simultaneously to this item. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 2.31, Mobilehome Rent Review Commission, is hereby repealed in its entirety. 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 Page 782 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 2 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 Stacey Kurz Marco A. Verdugo Director of Housing and Homeless Services City Attorney Page 783 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 18 OF THE CITY’S MASTER FEE SCHEDULE AND SETTING THE ADMINISTRATIVE FEE FOR RENT CONTROL SERVICES AT $5 FOR FISCAL YEAR 2024-25 WHEREAS, California State Mobilehome Residency Law allows local jurisdictions to establish rent control; and WHEREAS, in 1982, the City adopted Chula Vista Municipal Code (“CVMC”) Chapter 9.50, “Mobilehome Park Space Rent Review," as allowed by Mobilehome Residency Law, and amended it to its current state on July 19, 2011; and WHEREAS, these amendments took effect August 18, 2011 and established an administrative fee to provide a limited segment of the public, specifically mobilehome residents, per CVMC section 9.50.030, the ability to obtain unique services and benefits available to them only under Chapter 9.50, including, but not limited to, a rent calculation (via the annual permissive rent increase and exceeding the annual permissive) which results in reduced rents and related ombudsman services; and WHEREAS, on February 14, 2012 the City adopted “Mobilehome Park Space - Rent Review Administrative Fee Regulations” establishing a process for determining and collecting such fee; and WHEREAS, the proposed fee does not exceed the estimated reasonable cost of providing the associated services and the fund balance of the fee and estimated revenues for fiscal year 2024- 25 are sufficient to warrant reducing the fee to $5 for the 2024-2025 fiscal year; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government, unless specifically exempted; and WHEREAS, pursuant to the provisions of Article XII C, the proposed fees are exempt from the vote requirement; and WHEREAS, the proposed amendment to the Master Fee Schedule Chapter 18 (Mobilehomes) shall become effective upon adoption of this Resolution by the City Council. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Chapter 18 (Mobilehomes) of the City's Master Fee Schedule as reflected on Exhibit 1 to this Resolution and adopts the fee at $5 for Fiscal Year 2024-25. Page 784 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Presented by Approved as to form by Stacey Kurz Marco A. Verdugo Director of Housing & Homeless Services Acting City Attorney Page 785 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Exhibit 1 Page 786 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 1 of 25 Chapter 9.50 MOBILEHOME PARK SPACE RENT REVIEW Sections: 9.50.001 Findings. 9.50.005 Purpose. 9.50.010 Definitions. 9.50.012 General applicability and exemptions. 9.50.015 Applicability to recreational vehicles. 9.50.020 Legal requirements and procedures created. 9.50.025 Mobilehome Rent Review Hearing Officer - Creation of Position - Authority 9.50.030 Administrative fee. 9.50.050 Annual permissive rent increases and notices of CPI. 9.50.063 Rent increase above the annual permissive rent increase. 9.50.064 Informal meeting requirements. 9.50.066 Request for hearing form. 9.50.070 Initiation of space rent review. 9.50.073 Factors to consider in fixing space rent through the hearing process. 9.50.075 Fixing of space rent in excess of the permissive rent increase. 9.50.076 New and prospective mobilehome residents – Transfers of mobilehomes. 9.50.077 Vacancies and rents upon change of mobilehome ownership. 9.50.078 Right to mediate mobilehome resale price. 9.50.079 Findings regarding serious code violations. 9.50.080 Notice of serious code violations. 9.50.081 Proposed space rent increases at a time when there exist serious code violations at park. 9.50.082 Denial or partial reduction of rent increases based upon code violations. 9.50.085 Compliance with law and posting and disclosure requirements. 9.50.087 Implementation guidelines. 9.50.090 Mobilehome resident’s right of refusal. 9.50.092 Retaliatory eviction. 9.50.100 Civil and administrative remedies. 9.50.102 Criminal remedies. 9.50.115 Severability. Appendix One Appendix Two * Prior legislation: Ords. 1997, 2163, 2227, 2282, 2306, 2451, 2551, 2566 and 2737. Page 787 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 2 of 25 9.50.001 Findings. A. The City Council finds that there is presently, within the City of Chula Vista, a shortage of rental spaces for the location of mobilehomes, and an inadequate number of mobilehome rental spaces to meet the total demand in this City for those spaces. The City Council finds that this limited supply of mobilehome spaces in this City has resulted in low vacancy rates and contributes to escalating space rents in a manner that would, in the absence of regulation, allow for unconscionable increases of rents to mobilehome park residents. B. The City Council further finds that the unique nature of the ownership of a mobilehome within a mobilehome park makes mobilehome owners particularly vulnerable to the threat of loss of their investment in their mobilehome. Due to the high cost of moving mobilehomes; the potential for damage resulting from moving mobilehomes; the requirements for installing a mobilehome, including permits, landscaping and site preparation; the lack of alternative homesites for mobilehome owners; and the substantial investment mobilehome owners make in their coaches, mobilehome owners lack the ability to move their mobilehomes without a substantial loss in their investment. This lack of mobility, coupled with a shortage of rental spaces, provides park owners with the ability to establish excessive and unconscionable rents which, if unregulated, would result in the impairment of a mobilehome owner’s investment in their home. C. The City Council further finds that the limited supply of mobilehome rental spaces available in this City would, in the absence of space rent regulation, allow for an unconscionable loss of the resale value of mobilehomes by existing mobilehome park residents. D. The City Council further finds that mobilehomes comprise a significant form of housing available within the City of Chula Vista and can be a more affordable housing choice than single-family homes. The City Council finds that the supply of both mobilehome spaces and mobilehomes available for rent is not adequate to meet the demand, and that as a result, the limited supply of such spaces and mobilehomes contributes to escalating rents in a manner that would, in the absence of regulation, result in the elimination of mobilehomes as a more affordable housing choice. E. The City Council further finds that there exist serious health and safety issues in some mobilehome parks within this City that constitute violations of the City’s Municipal Code and/or state law. The City Council finds that increases in rents in excess of the annual permissive rent increase for parks where there exist such serious violations would, in the absence of regulation, allow for an unconscionable benefit to the park owner to the detriment of the health, safety, and welfare of mobilehome residents. As more fully set forth in CVMC 9.50.079, the City Council finds that the provisions of this chapter will promote and require a minimal level of health and safety conditions in those mobilehome parks seeking rent increases in excess of the annual permissive rent increase while also allowing park owners sufficient time and revenue to meet these minimal requirements. F. The City Council further finds that, because mobilehome parks generally have costs of operation which are considerably less than total gross income, it is not necessary to allow an automatic 100 percent Consumer Price Index (CPI) annual rent increase in order for mobilehome park owners to be able to maintain a fair, just, and reasonable rent. A number of cities in California do, in fact, limit annual rent increases without a review or Page 788 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 3 of 25 hearing by the City, to 0.75 times the CPI and/or provide a maximum allowable rent increase. Therefore, it is appropriate to require justification for any rent increase in excess of the annual permissive rent increase as set forth in this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.005 Purpose. A. The City Council intends by this chapter to create a process to protect both mobilehome park owners and mobilehome park residents from excessive and unconscionable rent increases while simultaneously recognizing and providing for the need of mobilehome park owners to receive a just and reasonable return on their property. B. The City Council intends by this chapter: 1. To prevent existing mobilehome owners, who are rendered largely incapable of moving their mobilehomes without suffering a substantial loss in their value, from loss of their investment and the resale value of their mobilehomes due to the fact that a new mobilehome resident is being charged excessive rents; 2. To protect and promote the availability of mobilehomes as a more affordable housing choice; and 3. To encourage compliance with code requirements, to protect the public health, safety, and welfare of mobilehome park residents, and to provide for a fair return on the park owners’ investment so that compliance with code requirements is financially feasible in such circumstances where a rent increase in excess of the annual permissive rent increase is proposed. C. The City Council intends for the procedures contained in this chapter to provide a mechanism for the resolution of disputed increases in rents by making it advantageous for mobilehome park residents and mobilehome park owners to establish a better understanding of each other’s positions which will result in agreement on the amount of rent to be charged. The procedures of the ordinance are established with the intent that they be accomplished in a timely fashion. The participating parties shall commit to the goal that the entire dispute resolution process be completed within 120 days following receipt of a disputed notice of rent increase. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.010 Definitions. Words used in this chapter shall have the meaning described to them in this section: Page 789 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 4 of 25 A. “Mobilehome” is a structure designed for human habitation and for being moved on a street or highway under permit pursuant to Section 35790 of the California Vehicle Code. As used in this chapter, “mobilehome” has the same meaning as California Civil Code Section 798.3. B. “Manufactured home” is a unit built post June 15, 1976, that meets U.S. Department of Housing and Urban Development (HUD) specifications. The term “manufactured home” for the purpose of this chapter only shall be synonymous with the term “mobilehome.” C. “Mobilehome space” means a portion of a mobilehome park designated or used for the occupancy of one mobilehome. D. “Mobilehome park” or “park” is an area of land where two or more mobilehomes or mobilehome spaces are rented, or held out for rent, to accommodate mobilehomes used for human habitation. E. “Mobilehome park owner” or “owner” means and includes the owner, lessor, operator, or manager of a mobilehome park. F. “Mobilehome owner” means a person who owns a mobilehome which is legally located in a mobilehome space within a mobilehome park in the City of Chula Vista. G. “Mobilehome resident” or “resident” means a person who occupies a mobilehome in a mobilehome park in the City of Chula Vista as a primary residence by virtue of having a rental agreement. “Mobilehome resident” or “resident” is inclusive of a mobilehome owner. H. “Rent” means the consideration, including any bonus, benefit or gratuity, demanded or received in connection with the use and occupancy of a mobilehome or mobilehome space in a mobilehome park, including services, or in connection with the transfer of a lease for a mobilehome space or the subleasing of a mobilehome space. “Rent” shall not include amounts paid by residents for such separately metered utilities or services, as provided in California Civil Code Section 798.41, or any separate charge for those fees, assessments or costs which may be charged to mobilehome residents pursuant to the California Civil Code. I. “Dispute” or “controversy” means a disagreement or difference which is subject to the resolution process described in this chapter. J. “Consumer Price Index” or “CPI” means the All Urban Consumers/All Items component of the San Diego Metropolitan Area U (broader base) Consumer Price Index prepared by the Bureau of Labor Statistics. K. “Mobilehome Rent Review Hearing Officer” or “Hearing Officer” means the City Manager, or designee; the City Manager’s designee may include a City staff member, at the Director level or above, or an independent third- party acting as an agent of the City, in the City Manager’s discretion. K. “Mobilehome Rent Review Commission” means the advisory body established by Chapter 2.31 CVMC to provide an independent review of rent increase disputes in mobilehome parks. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Page 790 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 5 of 25 9.50.012 General applicability and exemptions. This chapter shall apply to all mobilehome parks, mobilehome park owners, mobilehome residents and mobilehomes in mobilehome parks within the City of Chula Vista, unless otherwise exempted by state law or the provisions of this chapter. This chapter shall not apply to leases for a term exceeding one year which are exempted by California Civil Code Section 798.17, so long as such leases contain all the required provisions for exemption, including a statement in the first sentence of the first paragraph, in at least 12 point type or capital letters, giving notice to the mobilehome resident that, by entering into the lease, the rent control provisions of this ordinance will be automatically superseded by the lease provisions regarding rent and rent increases. This chapter shall not apply to a mobilehome park if the rents that may be charged for spaces are regulated pursuant to an agreement with the Redevelopment Agency of the City of Chula Vista, or its Successor Agency, under the authority of Sections 33334.2 through 33334.4, inclusive, of the California Health and Safety Code, for such period of time as the agreement is in effect. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.015 Applicability to recreational vehicles. This chapter applies to owners/occupants of recreational vehicles as defined in California Civil Code Section 799.29 where the recreational vehicle owner/occupant has been in residency for nine or more consecutive months. Notwithstanding the above, this chapter shall not be applicable to recreational vehicles residing in parks operated as recreational vehicle parks, where the predominant number of spaces are occupied for less than nine months. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.020 Legal requirements and procedures created. This chapter creates legal requirements and procedures that must be followed when rent is increased in mobilehome parks. In the event a mobilehome park owner increases rent without complying with the provisions of this chapter, including but not limited to providing the required notice, the park owner may be held accountable for such failure through criminal, civil and administrative action in accordance with CVMC 9.50.100 and 9.50.102. A park owner who willfully and improperly collects rent shall be subject to repayment of up to three times the amount of rent improperly collected, after a hearing before the Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission, or in a civil action brought by a mobilehome resident. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Page 791 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 6 of 25 9.50.025 Mobilehome Rent Review Hearing Officer - Creation of Position - Authority A. In order to relieve the Mobilehome Rent Review Commission and the City Council of certain routine functions necessary to the proper administration of this chapter, the position of Mobile Home Rent Review Hearing Officer is created. B. Authority. The Mobilehome Rent Review Hearing Officer shall have the authority to consider cases, preside at hearings, and make impartial decisions on matters based on the written materials prepared and submitted to the Hearing Officer prior to the hearing, and information received at the hearing, including any permitted testimony. 9.50.030 Administrative fee. The City Council finds that this chapter provides unique benefits and services to a limited segment of the public, specifically mobilehome residents. Such benefits and services include, but are not limited to, a calculation of rents under this chapter (annual permissive and increase above annual permissive) that results in reduced rents and attendant ombudsman activities. An administrative fee shall be required of mobilehome residents to receive the benefits and services provided by this chapter. The aforementioned administrative fee shall be established as follows: A. The City shall report to the City Council each fiscal year with a recommendation regarding the amount necessary to recover the costs of administering this chapter, and the proportion of said fee levied on the mobilehome residents based on the relative services provided. Notwithstanding the foregoing, if the City Manager or designee determines that the recommendation to the City Council would be to maintain the fee at its then-current level, the fee shall continue at that level, without City Council action required. B. The administrative fee shall be established annually and adopted by Councilset forth in the City of Chula Vista master fee schedule. The fee and manner in which to collect it shall be determined by the standards set forth in the City Council approved fee resolution. Pursuant to section 9.50.030.A., above, if the fee will not be increased in any given year, the standards adopted in the previous fee resolution shall remain in effect. C. This fee shall not be included in the rent base when calculating ministerial rent increases. D. This chapter shall apply to each mobilehome rental space within parks, except such spaces that are exempt from such fee because of a space rental agreement that meets the requirements of Section 798.17 of the California Civil Code. Such exemptions shall be verified as identified in the City Council approved fee resolution. Page 792 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 7 of 25 E. The provisions of this chapter shall not apply and no petition will be accepted from a resident opposing a rent increase above the annual permissive and no hearing or other proceeding shall be scheduled or take place for a mobilehome space rent in which there is an unpaid administrative fee. The City shall establish a grace period for unpaid fees to be made current. For any new incoming residents to a park, charges for the fee shall not begin until the start of the next fiscal year of their first year of occupancy. F. Park owners shall notice individual residents one time annually by each May 1st with a “Courtesy Notice” as provided below. The aforementioned “Courtesy Notice” may be provided to a resident via U.S. mail, included in the monthly rental statement, or delivered to their residence or individual “in box” where rental statements may be placed. The noticing of residents under this paragraph shall not be a condition precedent to a rental increase. ADMINISTRATIVE FEE COURTESY NOTICE TO: RESIDENT SUBJECT: CITY OF CHULA VISTA RENT CONTROL FEE The purpose of this communication is to remind you ofclarify the City of Chula Vista’s “Mobilehome Park Space Rent Review” ordinance (Chula Vista Municipal Code Chapter 9.50) and associated imposing a fee; for rent control on mobile home residents; and provide a reminder that the City will be billing for such fee prior to June 1st. Please be advised that per Section 9.50.030(E) of the City’s Municipal Code, in order to beany eligible space for rent control under the City’s ordinance during the upcoming year, you must pay an administrative fee to the City annually. To be eligible you must meet the following criteria: 1) You own the coach/trailer; 2) You have a valid space rental agreement for a term of 12 months or less; and 3) The home is your principal residence. If a resident does not pay the rent control fee for that year, the resident is no longer covered by the rent control ordinance for the period July 1-June 30 of the subsequent year. This means that the landlord can increase the rent on the resident’s site to any amount chosen by the landlord. The amount of the increase will not be limited to the rent control increase amount (annual permissible rate) published by the City of Chula Vista or as otherwise provided in the rent control ordinance. If the fee is not paid within 60 days (grace period) of the due date with any associated late fees, you will lose the protection of rent control and if the landlord raises your rent, the new rent level becomes your new base rent even if you pay the rent control fee in the future window of time when you can once again be covered by rent control, beginning July 1st of the subsequent year. For additional information or if do not receive your bill from the city by June 7th, please call the City of Chula Vista mobile home information line at (619) 585-5600. G. This section shall be operative July 1, 2012. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011). Page 793 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 8 of 25 9.50.050 Annual permissive rent increases and notices of CPI. A. Rents for mobilehome residents may be increased automatically and only once in a calendar year by no more than the percentage change in the CPI, when the CPI is three percent or less, and 75 percent of that change in the CPI above three percent to be known as the “annual permissive” rent increase. The park owner or their agent shall use the CPI in effect at the time such notice of increase in rents is served on residents, as provided in the notice of current CPI mailed to each park owner or their agent by the City. Calculation of the one-year limitation on rent increases shall be from the date the last increase became effective for that particular space or mobilehome. B. The City shall mail to each park owner or their agent the applicable CPI to be used for the rent increases as soon as the City receives the CPI from the Bureau of Labor Statistics. The CPI is published twice each year by the Bureau of Labor Statistics. Park owners shall use the CPI furnished to them by the City as controlling the maximum potential rent increase without a need for a hearing, and may not deviate from the CPI until the park owner receives written notification from the City that the CPI has changed. The park owner shall post, in a prominent place, the notification from the City so that all residents are aware of the applicable CPI. C. Should a mobilehome resident feel that a proposed rent increase is in violation of this chapter, the resident may provide written notice to the park owner of such rent dispute. Within 10 calendar days of the written notice, the park owner shall meet with the resident to discuss this dispute. This meeting shall be held at a mutually convenient time and place, preferably at the mobilehome park. Additionally, within 30 days of receiving written notice from the resident of a rent dispute, the park owner shall provide the resident with a written response addressing such dispute. If the resident is unable to satisfactorily resolve such rent dispute, the resident may file with the City a complaint alleging the mobilehome park’s violation of the rent increase provisions of this chapter. Such complaint must include documentation or other information that provides compelling evidence of such violation and submitted within 14 days of receiving the park owner’s written response addressing the dispute. The City, at its sole discretion and after review of the complaint and supporting documentation, will determine the necessity to audit the rent for the affected space in order to verify compliance with this chapter. Should the City determine that an audit is necessary, the City shall notify the park owner in writing of their determination, request written verification of the rent charged for the affected space for the last three years, and provide the park owner with a copy of the complaint. Within 14 days after delivery of said notice from the City, the park owner or their agent shall mail (U.S. Postal Mail Service, return receipt requested) to the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista, CA 91910, written verification of the space rent charged for the affected space for the previous three years, such as copies of rent statements. Failure to provide the City with the requested space rent information or knowingly submitting incorrect information shall be considered a violation of this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Page 794 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 9 of 25 9.50.063 Rent increase above the annual permissive rent increase. A. In any situation where a mobilehome park owner wishes to increase the rent above the annual permissive rent increase as set forth in CVMC 9.50.050, he or she must first give notice to affected residents, at the same time the 90-day notice required by Civil Code Section 798.30 is given. The notice of a rent increase in excess of the annual permissive rent increase shall be in substantially the form prescribed in Appendix One of this chapter. B. If the residents within the affected mobilehome park have established an on-site representative body and notify the owner in writing of its existence, a copy of the rent increase notice must be sent to the chairperson of that body. C. A copy of the rent increase notice shall be mailed (U.S. Postal Mail Service, return receipt requested) at the same time as issuance of the notice to residents to the City of Chula Vista at the address identified herein. City of Chula Vista Attn: Mobilehomes 276 Fourth Avenue Chula Vista, CA 91910 D. The rent increase notice must contain the space numbers of all residents who are subject to an increase which is above the annual permissive rent increase set forth in CVMC 9.50.050. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.064 Informal meeting requirements. Within 10 days after service of a notice of increase, as provided in CVMC 9.50.063, the park owner shall hold an informal meeting for the benefit of the affected residents to discuss the increase. It is hoped that such a meeting may lead to voluntary settlement of the dispute. The meeting should be set for a time and date believed to be convenient for residents and may be changed to a different date based on the reasonable request of the majority of affected residents. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residents of the mobilehome park to cause a public hearing to be scheduled. The decision of the tThe Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission shall be applicable to all affected homeowners. In the event that more than 50 percent of the resident(s) and park owner reach a voluntary written agreement of the increase in space rent, the rent shall be fixed as specified in CVMC 9.50.075. Should the affected resident(s) and the park owner be unable to reach a voluntary settlement of the dispute in the increase in space Page 795 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 10 of 25 rent, the resident shall be entitled to file a “Request for Hearing” form as permitted in CVMC 9.50.066 and 9.50.070. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.066 Request for hearing form. Mobilehome residents shall have a right to file for a hearing and determination by the tThe Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission of rent increases in excess of the annual permissive rent increase. To file for such a hearing, a resident must deliver the request for hearing form to the City within 30 days of the delivery of “Notice of Rent Increase in Excess of the Annual Permissive Rent Increase” from the park owner or their agent. The request for hearing shall be in substantively the form prescribed in Appendix One of this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.070 Initiation of space rent review. A. Request for Hearing. If a rent dispute cannot be resolved at a meeting with a park owner, a resident may initiate a rent review by the tThe Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission by filing a request for hearing with the City, in the form prescribed in CVMC 9.50.066 (the “Request”). B. Scheduling of Hearing. Upon the filing of a Rrequest for hearing in accordance with this chapter, the City shall notify tThe Mobilehome Rent Review Hearing Officerthe chairperson of the Mobilehome Rent Review Commission of such request, who shall schedule a hearing on the matter within 30 days after the date of receipt of such Rrequest or as soon thereafter as practical. The City shall send written notice to the park owner and the resident(s) filing such Rrequest for hearing of the time and place set for the hearing. The hearing will be noticed and held in a manner that provides due process to all affected parties. Should such hearing affect more than 50 percent of those spaces at the mobilehome park, the park owner or their agent shall post in a conspicuous place within the mobilehome park a copy of the written notice of the hearing. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.073 Factors to consider in fixing space rent through the hearing process. If a proposed rental increase is submitted to the tThe Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission (“Hearing OfficerCommission”) pursuant to the provisions of this chapter, the Hearing OfficerCommission shall determine the rent that affords the park owner a is fair, just and reasonable return on investment, and, in doing so, shall consider the factors listed below. The Hearing OfficerCommission Page 796 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 11 of 25 has the authority to request information and/or documentation related to these factors that will assist them in making such determination. The City and/or their designee shall review all evidence to be presented to the Hearing OfficerCommission for their consideration. The Hearing OfficerCommission’s decision shall be based on the preponderance of the evidence at the hearing. The Hearing OfficerCommission shall consider the following factors: A. The need for the proposed rental increase in order to permit the owner to secure a fair and reasonable return, when considering the existing rental scheme for all spaces in the park and all existing or expected expenses in owning and operating the park. A fair and reasonable return may be determined by the Hearing OfficerCommission by reference to industry standards, risk of investment, or other acceptable standards. 1. In considering the existing or expected expenses in owning and operating the park in following prudent business practices, the Hearing OfficerCommission should consider the following or any similar or related items of expense, the reasonableness of such items, and changes to them: a. Actual financial investment in park improvements. b. Property or other taxes. c. Mortgage or ground rent payments. d. Utility costs. e. Capital improvements or rehabilitation work. f. Repairs required. g. Other operating and maintenance costs. Operating costs shall not include the following: i. Avoidable and unnecessary expenses, including refinancing costs; ii. Any penalty, fees or other interest assessed or awarded for violation of this or any other law; iii. Legal fees, except legal fees incurred in connection with successful good-faith attempts to recover rents owing, and successful good-faith unlawful detainer actions not in derogation of applicable law, to the extent same are not recovered from residents; iv. Depreciation of the property; v. Any expense for which the park owner has been reimbursed by any security deposit, insurance settlement, judgment for damages, settlement or any other method. Cost of replacement or repair incurred or necessary as a result of the park owner’s negligence or failure to maintain, including costs to correct serious code violations at the park. Page 797 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 12 of 25 2. In considering the existing or expected income from owning and operating the park, the Hearing OfficerCommission should consider the rent schedule for all spaces in the park and any similar or related items verifying income for the mobilehome park for the last three years, the reasonableness of such items, and changes to them. B. Rate of return earned by the park owner in previous years as determined by a fair return analysis expert. All parties, including the City, shall have the right to hire their own expert. C. The extent to which the proposed rental increase will cause a reduction in the resale value of the mobilehome. D. Changes in the Consumer Price Index for all urban consumers in the San Diego Metropolitan Area published by the Bureau of Labor Statistics. E. Fair market rental value as determined by “comparables” of similar and existing mobilehome spaces or mobilehomes in the South Bay area of San Diego County, including those in Chula Vista, as determined by an MAI appraiser. All parties, including the City, shall have the right to hire their own independent MAI appraiser. F. The timing and amount of rents and increases for this and other spaces at the mobilehome park. G. The quantity and quality of the improvements and features at the mobilehome park and any decrease or increase in such improvements and features. H. The quantity and quality of services offered to park residents and any decrease or increase in such improvements and features. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.075 Fixing of space rent in excess of the permissive rent increase. The rent on any particular mobilehome space shall be fixed as established herein. Any determination of fair, just, and reasonable rent determined by the Hearing OfficerCommission shall not be applicable to those spaces exempt from this chapter nor to those spaces not covered by the written notice of an increase in rent. A. In the event that the resident and an owner reach agreement as to the space rent in excess of the annual permissive rent increase for that calendar year, with or without the benefit of a Commission hearing, the rent shall be fixed at the agreed upon rent at such time as the agreement is reached unless the agreement provides for a different effective date. B. In the event that the resident and an owner do not reach agreement, and the rent has been established by the Hearing OfficerCommission according to the procedures herein established, the rent shall be fixed at the rental rate so established by the Hearing OfficerCommission as of 90 days after the resident’s original receipt Page 798 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 13 of 25 of the notice of rent increase. The Hearing OfficerCommission shall have the right to fix a different date, if the Hearing OfficerCommission deems the park owner nonresponsive to the hearing requests. C. Consistent with its findings, the Hearing OfficerCommission may: 1. Permit the requested increase which is in excess of the annual permissive rent increase to become effective in whole or in part; or 2. Deny the increase which is in excess of the annual permissive rent increase. However, the Hearing OfficerCommission may not set the rent lower than the pre-existing rent or higher than the amount contained in the notice of rent increase in excess of the annual permissive rent increase. D. Unilateral Refusal to Participate in the Hearing Process. In the event the Hearing OfficerCommission finds that the resident or owner has failed or refused to, in good faith, follow the procedure herein fixed for the establishment of rent, which may include but not be limited to refusal to attend noticed hearings or failure to provide a copy of all rent increase notices to residents, then the Hearing OfficerCommission shall fix the rent as follows: 1. If the resident has failed or refused to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the rental rate contained in the notice of rent increase in excess of the annual permissive rent increase. 2. If the owner has failed or refused in good faith to follow the procedures herein fixed for the establishment of rent, then the rent shall be fixed at the annual permissive rent increase. E. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which the rent shall be fixed, a refusal or failure, accompanied with the knowingly improper assertion that a greater rental is due by the owner or his or her agent, to accept a rent payment from a resident in an amount which is equal to or greater than the rent fixed by subsection (A), (B) or (C) of this section shall constitute a waiver by the owner of the right to collect said rent, in its entirety, for the rental period for which the rent was refused, unless the tenant consents, in writing, to waive the provisions of this subsection. F. All parties to the hearing shall be advised of the Hearing OfficerCommission’s decision and be given a copy of the findings upon which the decision is based. The conclusions and findings of the Hearing OfficerCommission shall be final. Any party disputing the final conclusions and findings of the Hearing OfficerCommission may seek review of the Hearing OfficerCommission’s actions pursuant to Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Page 799 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 14 of 25 9.50.076 New and prospective mobilehome residents – Transfers of mobilehomes. A. Prior to or at the time of agreeing to rent to a new or prospective mobilehome resident in a mobilehome park, the park owner or their agent shall provide the new or prospective mobilehome resident with a copy of the disclosure as specified in CVMC 9.50.085, a copy of any notice of rent increase, and a copy of this chapter as currently in force. B. Park owners must comply with the provisions of California Civil Code 798.70 et seq. related to transfers of mobilehomes, including the provisions of Civil Code Sections 798.75 and 798.75.5. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.077 Vacancies and rents upon change of mobilehome ownership. Notwithstanding any other provision of this chapter, the mobilehome park owner may increase space rent in the event of a space vacancy or a change of ownership of a mobilehome which will remain on its current space in accordance with the following: A. In the event that a space becomes vacant, that is, with no mobilehome in place, a park owner may adjust the space rent without regard to the provisions of this chapter. B. If a mobilehome changes ownership but remains on the same space within the mobilehome park, a park owner may adjust the space rent without regard to the provisions of this chapter. Once a resident is in place, the provisions of this chapter are again applicable. However, no rent increase may be charged upon change of ownership by reason of interspousal transfers or for persons on a rental/lease agreement. C. This increase is in addition to the annual permissive rent increase as set forth in CVMC 9.50.050 and is not subject to the once-a-year limitation of CVMC 9.50.050(A). D. After an increase under this section, further rent increases shall be governed by the provisions of this chapter. E. Should a current mobilehome owner desire to sell his or her mobilehome and such mobilehome will remain within the mobilehome park, the mobilehome owner must provide a written notice to the park owner or their agent of his or her intent to sell. Within 15 days of the receipt of a written notice of the current mobilehome owner’s intent to sell the mobilehome, the park owner or their agent shall provide a written statement as to the rental rate to be offered to the new or prospective mobilehome owner. Both the current mobilehome owner and the park owner or their agent shall provide all new or prospective mobilehome owners with a copy of such written statement of the rental rate, at the time an application for residency is submitted to the park owner/management. Should no offer to purchase the mobilehome be accepted within six months of the written statement of the rental rate to be offered to the new or prospective mobilehome owner, the park owner or their agent may Page 800 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 15 of 25 provide a revised written statement of the rental rate to be offered. Such written statement can be revised by the park owner or their agent every six months thereafter and shall be immediately provided to the current mobilehome owner. Upon acceptance of an offer to purchase a mobilehome, the outgoing mobilehome owner shall immediately provide written notice to the park owner or their agent of the pending sale of the mobilehome and an address at which the new mobilehome owner may be contacted. The park owner shall provide to the new mobilehome owner a written statement as to the rental rate to be offered within 15 days of receiving written notice of the pending sale of a mobilehome. The park owner shall also provide the new mobilehome owner with any other document required by California Civil Code Section 798.75(a). (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.078 Right to mediate mobilehome resale price. A. In line with the purpose of this chapter to maintain a supply of more affordable housing choices in the mobilehome market, it is the goal and objective of the City that a current mobilehome owner should not be able to command, due to limited mobilehome space availability, a higher price for a mobilehome upon sale due to the fact that the rent is regulated by the provisions of this chapter. The City Council finds that there is currently no evidence that overcharging for mobilehomes is a significant problem in Chula Vista, and that it has little, if any, significant effect on the supply of more affordable housing choices in the City of Chula Vista, so as to require mobilehome resale price regulation by the City. The City Council finds that this is due, in part, to the annual permissive rent increases provided in this chapter. The City Council further finds that if, after time, it appears that the mediation process offered by this section is inadequate to address any potential problem with overcharging, it may reconsider more stringent control over mobilehome overcharging in the future. B. The park owner shall post the following notice in a prominent place, in the on-site office: NOTICE OF THE RIGHT TO MEDIATE THE PURCHASE PRICE OF MOBILEHOME A potential purchaser of a mobilehome has the right to mediate the purchase price of a mobilehome, if you contend that the purchase price is higher because of rent regulation, than the purchase price might ordinarily be without rent regulation. In order to submit the purchase price dispute, based solely on the grounds that the purchase price is more than would ordinarily be without rent regulation, between yourself and your potential seller to the Chula Vista Mobilehome Rent Review Hearing Officer Mobilehome Rent Review Commission for non-binding mediation you must: 1. Extend an offer to purchase the mobilehome, but not execute an agreement to purchase; 2. Sign and file with the city the form requesting mediation prior to executing a purchase agreement; and Page 801 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 16 of 25 3. Participate in the mediation process provided by the Tthe Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission. C. If, prior to executing a mobilehome purchase agreement, the new or prospective mobilehome resident contends that the price at which the mobilehome is offered by the current mobilehome owner is higher because of rent regulation than the price of the mobilehome without rent regulation, the new or prospective mobilehome owner has the right, upon tender to the seller of an offer to purchase the mobilehome at a price acceptable to the new or incoming mobilehome owner, to submit the price dispute to the Tthe Mobilehome Rent Review Hearing Officer Mobilehome Rent Review Commission for mediation. D. Upon submittal of the price dispute to the Tthe Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission by the new or prospective mobilehome owner, the Hearing OfficerCommission shall convene as soon as practical to hear the dispute as soon as practical, not sooner than 10 days’ notice to the buyer and seller of the time and place at which the mediation shall occur. If the seller fails to appear, the Hearing OfficerCommission should hear the complaint and evidence of the new or prospective mobilehome owner for the purpose of creating a record of such abuses, if any. However, the Hearing OfficerCommission shall have no power to set the resale price of a mobilehome with or without the presence of the parties. E. The purpose of the mediation, and the sole jurisdiction of the Hearing OfficerCommission in the mediation, is to get the parties to agree, if possible, to a price which reflects the value of the mobilehome as if the rents in the park were not regulated by this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.079 Findings regarding serious code violations. A. The City Council finds that there currently exists serious health and safety issues in certain mobilehome parks within the City. These health and safety issues are particularly acute in the older trailer parks in the City. In order to establish a minimal level of health and safety standards which must exist in all mobilehome parks prior to any rent increase in excess of the annual permissive rent increase, the City Council finds that the violations listed in Appendix Two constitute serious code violations which may not exist within a mobilehome park at the time of the proposed rent increase. B. The City Council further finds that the provisions of this chapter provide for a sufficient return on investment and allow for a sufficient period of time to allow park owners to meet the minimal health and safety standards set forth herein. The City Council finds that adoption of this chapter does not constitute an action or inaction by the City which will result in the closure, cessation or change of use of a mobilehome park. Except in those cases where the City Council, in its discretion, decides not to renew a conditional use permit or zoning variance as provided for in Government Code Section 65863.7(i), the City Council finds that any closure, cessation or change in use of a mobilehome park occurring after the adoption of this chapter is the result of the decision of the park owner, and, prior to any such closure, cessation or change in use, the mobilehome park Page 802 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 17 of 25 owner must comply with the provisions of Government Code Sections 65863.7 and 65863.8 as well as the provisions of the City’s conversion ordinance, Chapter 9.40 CVMC. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.080 Notice of serious code violations. In the event a park owner wishes to increase space rents in excess of the annual permissive rent increase, he or she must first give notice to affected residents in compliance with the notice requirements contained in CVMC 9.50.063. The notice of a rent increase in excess of the annual permissive rent increase shall be in substantially the form prescribed in Appendix One of this chapter and shall include information regarding a review for serious code violations. The park owner shall post, in a prominent place, copy of Appendix Two of this chapter so that all residents are aware of those code violations which may create serious health, safety, and welfare problems. Failure to maintain a posted copy of Appendix Two, or failure to provide the notice required below in connection with any proposed space rent increase shall constitute a violation of this chapter. The requirements of this section are not applicable to those rent increases upon a change in ownership of a mobilehome to remain in the park. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.081 Proposed space rent increases at a time when there exist serious code violations at park. The City Council finds that at times residents in parks have alleged that their rents are being increased, even though the park is in a state where serious code violations which affect the health, safety, and welfare of the residents exist. The City Council further finds that park owners should be required to operate and maintain their parks in substantial compliance with applicable codes and particularly in a manner which is not hazardous to the health, safety, and welfare of the residents. Therefore, in order to encourage compliance with code requirements and to protect the health, safety and welfare of park residents, the City Council finds that it is necessary and appropriate to establish a process to limit or prohibit increases in rents which are above the annual permissive rent increase unless and until it has been reasonably determined by City staff that no serious code violations as listed in Appendix Two hereto exist at the park which would be hazardous to the health, safety, and welfare of the residents. Therefore, in a situation where a mobilehome park owner wishes to increase the rent in excess of the annual permissive rent increase, the City shall schedule an inspection of the subject mobilehome park consistent with Appendix Two within 21 calendar days of receiving a notice of such rent increase. Subject to staffing limitations, City staff will make a determination within 30 calendar days of the inspection of the subject Page 803 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 18 of 25 mobilehome park as to whether or not a serious violation or violations exist within the park and whether it or they do adversely affect the health, safety, and general welfare of residents. The notice of such determination shall be provided to any homeowners association at the park, which is registered with the City, and to the park owner. The park owner may meet with City staff to discuss the violation(s) determined to exist and possible actions needed to cure such violation(s). If a serious violation as specified above is determined to exist, the park owner may cure the violation, in which case the rent increase will become effective upon such cure, after the 90 days as specified in the notice of rent increase, or upon fixing of the space rents by the Hearing OfficerCommission whichever date or event last occurs and in compliance with CVMC 9.50.063. The park owner will receive written notification from the City of the cure of any such serious violation as determined by City staff. In the alternative, the matter of any alleged code violation shall be considered as part of the hearing process on the proposed increase or the park owner may request a hearing before the Mobilehome Rent Review Hearing Officer Mobilehome Rent Review Commission on the matter of the alleged violation’s relation to the proposed rent increase. The Hearing OfficerCommission may take into consideration any code violation which has not been resolved, in determining to what extent a rent increase, if any, should be allowed. After making such determination, the Hearing OfficerCommission shall fix the rent as provided for in CVMC 9.50.082. It is not the intent of this section to delay rent increases, but to attempt to resolve serious code violations during the 90-day period required by state law prior to the effective date of any rent increase. This section does not limit or preclude the City from proceeding in accordance with all applicable laws against a park owner if it is found that a violation of code exists at the park. Furthermore, any review of the specific code violations listed in Appendix Two is not intended to substitute for the comprehensive inspection program for mobilehome/trailer parks administered by the City in compliance with Title 25 of the California Code of Regulations. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.082 Denial or partial reduction of rent increases based upon code violations. The violations which may result in a denial or reduction in any proposed rent increase which is in excess of the annual permissive rent increase are limited to those listed in Appendix Two. Each year, the City shall send a copy of Appendix Two to each park for posting in a common area as required above. Violations listed in Appendix Two hereto may be modified from time to time by the City Manager without necessity of additional ordinance by the City Council. In making a determination regarding whether to permit that rent increase which is in excess of the annual permissive rent increase when serious code violations exist, the Hearing OfficerCommission and City staff shall have the discretion to work with a park owner to bring a park into compliance over a period of time. If a park owner contends that immediate compliance would result in the immediate closure of a park, the Hearing OfficerCommission and City staff shall consider this contention and address the issues of compliance on a case-by-case basis. However, the City Council finds that compliance with the minimal health and safety Page 804 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 19 of 25 standards provided for herein will not result in such closures. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.085 Compliance with law and posting and disclosure requirements. A. Every mobilehome park owner shall comply with the provisions of the Mobilehome Residency Law (Chapter 2.5, Section 798 of the California Civil Code), and the provisions of this chapter. Also, a copy of the Mobilehome Residency Law and this chapter shall be prominently posted in a common area of each park’s premises at all times. B. In addition, the information contained in the disclosure below shall be provided as follows: 1. When a mobilehome in a park is to be sold and it will remain in the park, the seller shall show the disclosure to all potential buyers; 2. The park owner will provide a copy of the disclosure to a buyer of a mobilehome that will remain in the park prior to signing of a rental/lease agreement; and 3. A copy of the disclosure acknowledged by the buyer shall be an addendum to every rental agreement, copies of which shall be kept by both the park owner and resident. MUNICIPAL CODE CHAPTER 9.50 (“RENT CONTROL”) DISCLOSURE Chula Vista Municipal Code Chapter 9.50, Mobilehome Park Space Rent Review, governs all mobilehome park spaces for leases of 12 months or less. For leases of more than 12 months, Chapter 9.50 does not apply, per Section 9.50.012 and State law. Chapter 9.50 generally applies to, but is not limited to, rent control measures. Of particular interest is Section 9.50.077, which prohibits rental petitions upon change of ownership or space vacancy. Once in place, existing resident rights are defined in Section 9.50.063, which details the noticing requirements for increases in space rent. Please initial to acknowledge reading of each section: ____(initial) 1. I understand that in order to be eligible for rent control within the City of Chula Vista my rental agreement terms must be eligible under State law and meet the following criteria: (1) the coach/trailer is owned by the resident; (2) the resident has a valid space lease/rental agreement for a term of 12 months or less; and (3) it is the resident’s principal residence. ____(initial) 2. I further understand that under Section 9.50.030 I must pay an administrative fee to have my space protected by rent control. The City will send a bill in June of my first year of residency and each subsequent June to receive the benefits and services (“Rent Control”) described belowprovided for in Chapter 9.50. Failure to pay the fee means my space will not be subject to rent control and the information in the remainder of this disclosure will not be applicable to my space. Page 805 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 20 of 25 ____(initial) 3. If I receive a written statement of rental increase where the “cumulative annual increase” (total rent increase for the space within the past year) is greater than the applicable change in the CPI, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) I have the rights to petition such increase to the City after attending an informal meeting with the park owner where we shall attempt to negotiate, in good faith, a fair rental rate. ____(initial) 4. If resolution to the rental dispute is not reached at the informal meeting, I may request a hearing before the City of Chula Vista Mobilehome Rent Review Hearing Officer Mobilehome Rent Review Commission for enforcement of Chapter 9.50 within 30 days of receiving such written statement of rental increase by submitting a Request for Hearing Form to the City of Chula Vista, the address of which is listed below. A copy of the Mobilehome Rent Review Ordinance is available at the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista, CA 91910 or one can be obtained from park management. Acknowledgment: Mobilehome Owner Signature ________________________________ Date:_________ Printed Name_____________________ (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.087 Implementation guidelines. After a noticed public hearing, as it deems necessary, the Hearing OfficerCommission The City may adopt guidelines or regulations to aid in the implementation of this chapter and to assure a fair hearing process. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.090 Mobilehome resident’s right of refusal. A mobilehome resident may refuse to pay any increase in rent which is in violation of this chapter. Such refusal to pay shall be a defense in any action brought to recover possession of a mobilehome space or to collect a rent increase. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Page 806 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 21 of 25 9.50.092 Retaliatory eviction. In any action brought to recover possession of a mobilehome or mobilehome space, the court shall consider as grounds for denial any violation of any provision of this chapter. Further, the determination that the action was brought in retaliation for the exercise of any rights conferred by this chapter shall be grounds for denial. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.100 Civil and administrative remedies. A. Civil Action. Any person who demands, accepts, receives or retains any payment of rent in excess of the maximum rent allowable by this chapter shall be liable in a civil action, including unlawful detainer, to the person upon whom the demand was made or from whom the rent was accepted in an amount of up to triple the amount of such improperly collected rent, and for such reasonable attorney’s fees and costs as may be determined by the court. B. Administrative Action. In the event any owner is determined, after a duly noticed hearing by the Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission, to have willfully and improperly collected rents or other fees or charges, the Hearing OfficerCommission may, on the basis of evidence received at such hearing supporting a determination that such rents, fees or charges were willfully and improperly collected, require a reduction in rent or a reimbursement of such improperly collected rents, fees, or charges, in an amount of up to triple the amount of such improperly collected rents, fees or charges. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.102 Criminal remedies. Any person committing a violation of this chapter shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine of not more than a $1,000 or by imprisonment in the county jail for a period of six months in jail or by both such fine or imprisonment. The following nonexclusive acts, without limitation due to enumeration, shall constitute a criminal violation of this chapter, including the owner of a park if done by an owner’s agent with the knowledge or consent of the owner: A. Knowingly demanding, accepting or retaining any rent in excess of the amount fixed by this chapter, including the demanding of rent waived under the provisions of CVMC 9.50.075(E), except that demands for annual increases in rent and negotiations for rent permitted under this chapter shall not be deemed illegal. Page 807 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 22 of 25 B. Knowingly commencing, or threatening to commence, or maintaining an eviction or unlawful detainer proceeding against a resident for the failure to pay a rent in excess of the amount fixed pursuant to this chapter. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). 9.50.115 Severability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional, such portion shall be deemed a separate and independent provision and such decision shall not affect the validity of the remainder. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011; Ord. 2862 § 1, 2002). Appendix One NOTICE – RENT INCREASE IN EXCESS OF THE ANNUAL PERMISSIVE RENT INCREASE IF YOU DO NOT TAKE ACTION TO REQUEST A HEARING BY THE MOBILEHOME RENT REVIEW HEARING OFFICERCOMMISSION WITHIN THIRTY DAYS, THIS INCREASE SHALL BE AUTOMATICALLY EFFECTIVE ON (DATE) [Not sooner than ninety days after date of notice.], EXCEPT AS PROVIDED IN SECTION 9.50.079 ET SEQ AND SUBJECT TO THE NOTICING REQUIREMENTS CONTAINED THEREIN This is a notice of a rent increase which exceeds the annual permissive rent increase as set forth in Section 9.50.050 of the City of Chula Vista’s Municipal Code. An annual rent increase of the percentage increase of the Consumer Price Index (CPI) for the most recent twelve (12) month period, as reported by the Bureau of Labor Statistics, preceding this notice, when the CPI is three percent (3%) or less, and 75 percent of that change in the CPI above three percent (3%) is allowed without a right to a hearing of the Hearing OfficerCommission. The CPI is ____% and the annual permissive rent increase is ____%. This increase is ____% of your current rent. Additionally, this is your notice that Chapter 9.50 of the City of Chula Vista Municipal Code specifies that rents in excess of the annual permissive rent increase as set forth in Section 9.50.050 cannot be automatically increased for any park when there exists serious violations of applicable codes, as specifically listed in Appendix Two to Chapter 9.50. Under the city’s Municipal Code, you are entitled to the following rights: 1. Informal Meeting. I am required to hold a meeting with the residents to discuss the general reasons for the increase. The meeting will be at ___________________ [state time (must be within ten days) and place (should be at mobilehome park)]. Under the City’s ordinance, owners and residents are encouraged to attempt to resolve differences and reach a voluntary agreement regarding this increase. 2. Right to a Hearing. If you have paid the administrative fee described in Section 9.50.030 for this fiscal year (July 1-June 30), Yyou have the right to file for a hearing and determination by the Mobilehome Rent Review Hearing Officer Mobilehome Rent Review Commission by delivering a form as described in Section 9.50.066. You may file Page 808 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 23 of 25 for such hearing only if you or your representative attends the meeting to discuss the increase. To file for such hearing you must deliver the request for Hearing form to the City within thirty days of the date this notice is served on you. If you are unable to attend the meeting as scheduled, you may elect to send a representative. Please submit in writing to the park owner and the City notification that you have elected to be represented at such meeting by another party and stating the name of your representative. 3. Failure to Attend Informal Meeting. If a resident does not attend this meeting or is not represented by someone, he or she shall have no right to a hearing but may rely on other residen ts of the mobilehome park to cause a public hearing to be scheduled. In the event a request for hearing is initiated, the action will include the rent increase issues with regard to all the affected residents. 4. Review of Serious Code Violations. In order to establish a minimal level of health and safety standards which must exist in all mobilehome parks prior to any rent increase in excess of the annual permissive rent increase, the City will conduct an inspection of this mobilehome park in compliance with the requirements of Section 9.50.079 and based upon Appendix Two. A list of the specific code violations which apply may be obtained from the City during normal business hours, and is required to be posted in a common area of each park’s premises at all times. The City will provide notice of its determination as to whether or not a serious violation or violations exist at the mobilehome park and whether it or they do adversely affect the h ealth, safety, and general welfare of residents to any homeowners association at the park, which is registered with the City, and to the park owner. It is the City’s intent to attempt to resolve serious code violations during the 90-day period required by State law prior to the effective date of any rent increase. Sections 9.50.080 does not limit or preclude the City from proceeding in accordance with all applicable laws against a park owner if it is found that a violation of code exists at the park. The following space numbers are subject to this increase: [insert numbers of affected spaces]. If you have questions, or need more information regarding the hearing process or serious code violations, you can call the City at (619) 585-5722. _________________ _________ Park Owner/Manager Date REQUEST FOR HEARING Rent Increase in Excess of the Annual Permissive Rent Increase The undersigned hereby requests a hearing before the Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission with regard to a proposed rent increase described in the attached notice – Rent Increase in excess of the annual permissive rent increase relating to the ______________________ Mobilehome Park. [Note: make certain you attach a copy of the notice of Rent Increase you received from the park owner.] The undersigned is a resident of the park and has attended a meeting with the park owner, or sent a representative on his behalf, as required in Section 9.50.064 of the Chula Vista Municipal Code. The dispute has not been settled. The undersigned has also paid the administrative fee required under Section 9.50.030. It is understood that this request is irrevocable and that it may be relied on by other residents of the mobilehome park to cause a public hearing to be scheduled, and that the Mobilehome Rent Review Hearing OfficerMobilehome Rent Review Commission will schedule a public hearing to consider the proposed rent increase, taking into consideration the factors described in Chula Vista Municipal Code Section 9.50.073, and that the decision of the Mobilehome Rent Page 809 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 24 of 25 Review Hearing Officer Mobilehome Rent Review Commission shall be applicable to all affected homeowners and shall be final and binding. Signed __________________________ Print Name ______________________ Address _________________________ Telephone No. ____________________ Date ____________________________ [The completed form must be delivered to the City of Chula Vista, Attn: Mobilehomes, 276 Fourth Avenue, Chula Vista CA 91910] (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011). Appendix Two MOBILEHOME PARK CODE VIOLATIONS WHICH MAY CREATE SERIOUS HEALTH, SAFETY, AND WELFARE PROBLEMS INDIVIDUAL SPACES – Exterior only A. All lots shall be numbered in a conspicuous location facing the interior roadway. [Section 1104(a)] B. Power sources and plumbing adequately supplied, supported, and protected. [Sections 1170, 1182, and 1280] C. No illegal discharge of liquid or solid wastes (CVMC 19.66.150) THE FOLLOWING APPLY TO PARK GROUNDS – NOT INDIVIDUAL SPACES PARK IN GENERAL – not individual spaces/lots PARK GROUNDS A. Clearly identify park address at street [CVMC Section 12.48.030] B. Emergency information posted in conspicuous place. [Section 1686] C. Unobstructed roadway shall be a 25 feet minimum (15 feet minimum if park constructed prior to 9 -15-61). If parking is allowed on one side of roadway, minimum clearance is 32 feet, and if parking is permitted on both sides of roadway, a minimum clearance of 40 feet is required. If there is some type of curb divider, each side must be a minimum of 15 feet. [Section 1106] D. Maintain proper grading and drainage (Accumulation of water) [Section 1610(a)] E. Adequate refuse/rubbish disposal. [Section 1610 (d)] Page 810 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 1 Page 25 of 25 F. No illegal discharge of liquid or solid wastes (CVMC 19.66.150) PERMANENT BUILDING STRUCTURES G. Any new structures or work to have required permits [Section 1018(a)] H. Maintenance sufficient to assure minimum life and safety standards [Section 1636] I. Water heater properly installed and vented [Uniform Plumbing Code Sections 508.0, 512.1, and 608] J. Required lighting in public toilets, showers, and laundry facilities [Section 1612] K. Conformance with the California Fire Code (CFC): 1. Exit Doors (CFC 2501.8) 2. Aisles (CFC 2501.9) 3. Seating (CFC 2501.10) 4. Exit ways must be free of obstructions. [CFC 2501.11] 5. Fire extinguishers shall be maintained in good repair. [CFVC 2501.13] 6. Exits shall be identified and lighted [CFC 2501.15, 1211 and 1212] 7. Room capacity shall be posted [CFC 2501.16.1] UTILITIES L. All electrical equipment outside permanent buildings shall comply with requirements of the California Electrical Code (CEC). [Section 1134(a) and 1384] M. All overhead electrical supply and conductors and supporting structures shall comply with requirements of the California Public Utilities Commission Rules for Overhead Electrical Line Construction. [Section 1134.(b) & (c)] N. Connections adequately protected if subject to potential damage by vehicles, etc. [Sections 1228(a) and 1280] O. All electrical switches, circuit breakers, receptacles, lighting fixtures, control equipment, and metering devices located in wet places or outside of a building shall be rain-tight type equipment. [Section 1170(a)] P. Sufficient space around electrical equipment to permit ready and safe operation. [Section 1646(a)(b)] Unless otherwise noted, all Section references are found in Title 25 of the California Code of Regulations. The city of Chula Vista shall provide a copy of all referenced code sections to all park owners and/or their agents. Copies of these referenced code sections shall be maintained at all times at the on-site Manager’s office and may be viewed during normal business hours by any and all residents. (Ord. 3255 § 1, 2013; Ord. 3195 § 1, 2011). Page 811 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda MASTER FEE SCHEDULE FEE BULLETIN Chapter 18 – Mobilehomes 18-100 General Fees City of Chula Vista Development Services 276 Fourth Avenue, Chula Vista, CA 91910 May 2023April 2024 City of Chula Vista www.chulavistaca.gov 619.585.5600 MOBILEHOME PARK SPACE RENT REVIEW ADMINISTRATIVE FEE An administrative fee is required of all households residing inResidents of eligible mobilehome spaces desiring to receive the benefits and services provided in Chapter 9.50 of the Chula Vista Municipal Code, Mobilehome Park Space Rent Review, must pay the administrative fee described in Section 9.50.030. The administrative fee is assessed billed annually, with payments due by July 1st. There is a sixty (60) day grace period that commences on the due date, within which payments will be accepted. Annual fee, per mobilehome space ................. $105 MOBILEHOME PARK CLOSURE OR DISCONTINUANCE APPLICATION FEE Pursuant to Chapter 9.40 of the Chula Vista Municipal Code, Housing Assistance, prior to any Mobilehome Park closure or cessation of use an application must be filed with the City. Application fee.............................. Full cost recovery Initial deposit ............................................... $5,000 FULL COST RECOVERY For all full cost recovery fee items, an initial deposit shall be collected to cover the City’s full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City’s actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. Page 812 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life HOUSING & HOMELESS SERVICES Presented by: Item 9.1 Amendments to CVMC 9.50 Mobilehome Park Space Rent Review & Adoption of FY 24-25 Fee Stacey Kurz, Director Carlos Rodriguez, Management Analyst II Page 813 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Fees equal between residents & owners 100% CPI Rental Index Mediation Park Commission 1982 100% CPI Consumer Index 1987 Arbitration 1988 Fees split 75% owner & 25% resident 1989 History of Mobilehome “Rent Control” Chula Vista Municipal Code Chapter 9.50 Mobilehome Rent Review Commission 1991 Rent Review Hearing Process 1998 Formula of CPI CPI up to 3% + 75% > 3% 2002 Fees 100% resident No petition on change of ownership 2011 Page 814 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Rent Review Process At or below Annual Permissive Rate Greater than Annual Permissive Rate 90 Day Notice of Increase Mandatory Park Meeting within 10 days of Notice Petition within 30 days of Notice > 50% of Residents agree to increase Hearing Scheduled within 30 days of Petition Commission Hearing Appeal via LitigationRate fixed Eligible Households for Rent Review Services 1.Own coach/trailer; 2.Valid space rental agreement for term of ≤ 12 months; 3.Home is principal residence; and 4.Pay the annual administrative fee. Page 815 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Commission Quorum •Lack of cases & limited Commission purview have led to infrequent meetings Accumulation of Administrative Fee Funds •Accumulated funds may only be used for on-going expenses in relation to the benefits and services provided by Chapter 9.50 •Lack of rent review hearings have led to minimal spending of administrative funds & need to decrease fee several times Current Conditions FY 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Spaces Paid 2,157 1,907 2,104 2,144 2,247 2,251 2,309 2,390 2,354 2,332 2,358 Fee $60 $60 $40 $40 $30 $25 $25 $12 $12 $12 $10 Page 816 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Administrative Authority •Create a Hearing Officer instead of Commission •Internal staff or third party Administrative Fee •Repeal 9.50.030 “Administrative fee” •Require park owners provide an initial deposit and full cost recovery for hearings Considered Solutions Page 817 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Meetings •Park owners -April 5, 2024 (virtual) •Residents -April 8, 2024 (in-person) Feedback •Hearing Officer should be known and neutral •Do not eliminate Administrative Fee, rather consider suspending or reducing Stakeholder Engagement Page 818 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Administrative Authority •Add definition 9.50.010(K) & section 9.50.025, creating a Hearing Officer for Rent Review Hearings •Update references throughout Administrative Fee •Amend section 9.50.030, removing annual reporting requirement Minor Administrative Clean-Up Staff Recommended Actions: Amend CVMC 9.50 Page 819 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Staff Recommended Actions: Rent Review Process At or below Annual Permissive Rate Greater than Annual Permissive Rate 90 Day Notice of Increase Mandatory Park Meeting within 10 days of Notice Petition within 30 days of Notice > 50% of Residents agree to increase Hearing Scheduled within 30 days of Petition Commission Hearing Appeal via LitigationRate fixed Create Hearing Officer Eligible Households for Rent Review Services 1.Own coach/trailer; 2.Valid space rental agreement for term of ≤ 12 months; 3.Home is principal residence; and 4.Pay the annual administrative fee. Page 820 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda FY 23-24 Revenues & Expenditures Staff Recommended Actions: Administrative Fee Projected FY 24-25 Table 2: FY 25 BUDGET SUMMARY Budget Revenues: Projected Fund Balance as of 7/1/24 $ 219,838 Anticipated Fee Revenues (2,350 @ $5) $ 11,750 TOTAL ANTICIPATED REVENUES $ 231,588 Expenditures: Staff Charges $ 35,000 Experts $ 25,000 Administrative/Billing Costs $ 5,000 TOTAL ANTICIPATED EXPENDITURES $ 65,000 Contingency for Expert $25,000 Anticipated Fund Balance as of 6/30/24 $ 141,588 Table 1: FY 24 BUDGET SUMMARY Budgeted Actual Revenues: Fund Balance as of 7/1/23 $ 229,127 Fee Revenues $ 23,000 $ 23,670 Investment Earnings $ 0 $ 0 TOTAL FUNDS $ 252,797 Expenditures: Staff Charges $ 37,000 $ 28,000* Experts $ 25,000 $ 0 Administrative/Billing Costs $ 5,000 $ 4,959 TOTAL EXPENDITURES $ 32,959 Surplus/Deficit $ 219,838 *Projected charges through June 30, 2024 Page 821 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Empower individuals & families ●Build community resilience ●Promote housing opportunities ●Enhance quality of life Recommendation A.Ordinance amending CVMC 9.50: 1.Add section 9.50.025, Mobilehome Rent Review Hearing Officer - Creation of Position –Authority; 2.Amend Section 9.50.030, Administrative Fee for reporting; and 3.Update sections to reflect Hearing Officer. B.Ordinance repealing Chapter 2.31, Mobilehome Rent Review Commission C.Resolution amending Chapter 18 of the Master Fee Schedule reducing fee to $5 Page 822 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Monitor Fund Balance •Reassess annually •Report to Housing & Homeless Advisory Commission Continue Stakeholder Meetings •Options to suspend or repeal administrative fee Next Steps Table 3: FUND BALANCE PROJECTIONS 0 50000 100000 150000 200000 250000 300000 FY23 FY24 FY25 FY26 FY27 FY28 $5 $10 $12 $15 $20 Page 823 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE Unsheltered Policy: Adding Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code to Establish a Permitting Process for Service Providers, and Amending Chapter 4 of the City’s Master Fee Schedule to Add Service Providers Fees Report Number: 24-0121 Location: No specific geographic location Department: Housing and Homeless Services G.C. § 84308: No Environmental Notice: The activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Place an ordinance on first reading adding Chapter 5.14 “Service Providers” to the Chula Vista Municipal Code requiring an operational permit for service providers conducting outreach and/or placing unsheltered person(s) in Chula Vista (First Reading); and adopt a resolution amending Chapter 4 of the City’s Master Fee Schedule to adopt fees related to the Service Provider permit. SUMMARY It is estimated that six to eight hotels and motels participate in some form of a voucher program (temporary lodging subsidy) by external service providers within the City of Chula Vista. Since 2020, there has been an increase in calls for service at or around these hotels/motels and an influx of unsheltered persons looking for resources within our community. Unfortunately, there is currently no mechanism in place to monitor who is being placed in these hotels/motels and what types of services the individuals are provided to prevent them from becoming homeless in Chula Vista after their vouchers expire. This item adds Chapter 5.14 to the Chula Vista Municipal Code, entitled “Service Providers”, which creates permit and operational requirements for service providers conducting outreach or placing unsheltered persons in hotels/motels or other temporary housing in Chula Vista. Page 824 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 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 proposed activity consists of a reporting action that 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. BOARD/COMMISSION/COMMITTEE RECOMMENDATION The Housing and Homeless Advisory Commission has been updated on the Council priorities related to homeless policy as discussed at the Council meetings of October 5 and December 5, 2023. DISCUSSION Background Hotel/motel voucher programs are widely used by jurisdictions and other providers to secure immediate and emergency housing for individuals and families experiencing homelessness or temporarily displaced from their permanent housing. Typically, these programs are subsidized by governmental funding or non- profit funds and run in increments of up to 28 days at a time. While the City operates a hotel/motel voucher program, it is administered and case-managed in-house by the Homeless Outreach Team and Department of Housing & Homeless Services. Today, the internal Chula Vista hotel/motel voucher program is rarely utilized, as the goal is to serve as a bridge to quickly transition into stable housing, in one of the many housing options the city offers. Since the COVID Pandemic in 2020, the City noticed an increase in the number of unsheltered persons in the City, and particularly a rise in number of hotel/motel rooms utilized for emergency shelter. This resulted in a surge of calls for service and criminal activities at six to eight participating hotels. As illustrated below, prior to 2020, the hotel/motel calls for service averaged under 100 calls per month (798 to 1,118 annually), while the calls peaked to an all-time high of 1,874 in 2020. Since the start of the pandemic average monthly calls have remained over 100 per month, ending 2023 with a total of 1,622. Hotel/Motel Calls for Service by Year (2017-2023) Page 825 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 It is estimated that as of the writing of this report, there are over 200 households living in Chula Vista hotels under external hotel/motel voucher programs administered through outside service providers. This raises concerns, as we are unaware of the clients placed in our hotels and their ability to secure housing after their vouchers expire, potentially placing additional strain on City resources as individuals and families seek services or end up homeless on our streets. Options Staff has explored options to mitigate the effects of this practice, particularly from other jurisdictional efforts such as the City of El Cajon. Through an amendment to their municipal code in 2023, El Cajon established a mechanism to facilitate oversight on all service providers conducting services within their city. Specifically, they placed conditions to require:  Hotels/motels to inform the City of whether they participate in a voucher program, how many rooms are designated for this use, which agencies they have contracts with, and the room rates being charged; and  External Service Providers to follow the Chula Vista Homeless Outreach Team practice of conducting a criminal background check on those being housed prior to placement. This would provide the knowledge of who is staying in the City and assess potential risks. The check is processed by the external provider and the El Cajon police department. Current Requirements and Proposed Additions to the Chula Vista Municipal Code A business license is required in the City of Chula Vista for any person who transacts, engages in, or carries on any business within the corporate limits of the city via Chula Vista Municipal Code (CVMC) Section 5.02.020. Depending on the nature of the business, the city may require an additional permit or license to operate. For example, on an annual basis the Chula Vista Police Department requires hotels to apply for a permit to operate prior to issuance of a business license. In October of 2023, motel and hotel operators were notified that beginning January 1, 2024, they would need to internally begin tracking their voucher activity and submit such information as part of the application process for the following year. This information will be required starting in October 2024 with applications submitted for the 2025 calendar year. Reporting information will include the month and number of days per voucher stay, number of occupants, issuing organization, and nightly rate. Similar to Chula Vista’s Police Department’s hotel/motel permit process, tonight’s action would add provisions to the Municipal Code, Chapter 5.14, that require service providers operating in the City obtain a permit to operate and provide monthly reports to the City about their policies and placements. Such regulations would provide the city with more comprehensive information regarding the placement of persons in City hotels/motels who are homeless or at risk of homelessness, and the services being provided to those persons. If this item is approved, service providers operating in the City would be required to obtain the Service Provider permit by January 1, 2025. Proposed Fees The required Service Provider permit would be processed by the Department of Housing and Homeless Services and would require an application and annual renewal fee of $315 and $235, respectively, as reflected in the proposed amended Chapter 4 of the City’s Master Fee Schedule (Attachment 1).The proposed Service Provider application and renewal fees are recommended in order to offset the reasonably anticipated Page 826 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4 cost of processing the Service Provider application and renewal permits as reflected in Attachment 2 and summarized below. Description Hours Amount Service Provider Permit – Application and Reporting 2.0 $315 Service Provider Permit – Renewal and Reporting 1.5 $235 Because this is an entirely new program, the time spent providing Service Provider Permit services will be monitored and adjustments to these fees will be brought to the City Council for consideration in the future, if appropriate. Conclusion The proposed addition of CVMC 5.14 is intended to address the community impacts generated by the growing inflow of unknown voucher clients and to improve service delivery and coordination for all unsheltered persons (Chula Vistan and non-Chula Vistan) in the City. Staff recommends that Council adopt the proposed Ordinance adding Chapter 5.14 to the Chula Vista Municipal Code, and adopt the proposed Resolution amending Chapter 4 of the City’s Master Fee Schedule to reflect the Service Provider Permit application and renewal fees. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not a 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.). CURRENT-YEAR FISCAL IMPACT Adopting the resolution amends the Master Fee Schedule to establish full cost recovery fees for Service Provider Permit applications, renewals, and monitoring. This action supports optimal cost recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159- 03). Impacts to revenues in the current fiscal year will vary based upon actual requests for Service Provider permitting services. No current year appropriation of these revenues is proposed. ONGOING FISCAL IMPACT Adopting the resolution amends the Master Fee Schedule to establish full cost recovery fees for Service Provider Permit applications, renewals, and monitoring. This action supports optimal cost recovery for the City, per the guidelines of the City’s Cost Recovery Policy (City Council Policy No. 159- 03). Impacts to revenues in future years will vary based upon actual requests for Service Provider permitting services. If the resolution is approved, future budgets will reflect actual revenues generated by the new fees. ATTACHMENTS 1. Redline Master Fee Schedule Chapter 4 2. Cost of Service Analysis Page 827 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 5 Staff Contact: Angélica Davis, Homeless Solutions Manager Stacey Kurz, Director of Housing and Homeless Services Page 828 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda C:\Program Files\eSCRIBE\TEMP\18312188564\18312188564,,,Ordinance Adding Chapter 5.14, Service Providers.docx ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADDING CHAPTER 5.14, “SERVICE PROVIDERS”, TO TITLE 5 OF THE CHULA VISTA MUNICIPAL CODE TO ESTABLISH REGULATIONS, STANDARDS, AND A PERMITTING PROCESS FOR SERVICE PROVIDERS WHEREAS, the hotel/motel voucher program is a program implemented by service providers to provide immediate, emergency housing for individuals and families experiencing homelessness or a temporary displacement from their permanent housing; and WHEREAS, since 2020 there has been a steady increase in the number of unsheltered persons in the City and the County, which has correlated with in a rise in the number of hotel/motel rooms in Chula Vista being utilized for emergency shelter via the voucher program; and WHEREAS, the increase in persons and families placed by service providers operating in the City has been accompanied by a correlating increase in crime-related calls for service and criminal activities at or around the six to eight hotels/motels participating in the voucher program, as well as an increase in the number of persons and families from outside Chula Vista in need of housing services in Chula Vista upon placement in the City; and WHEREAS, the placement of persons or families in hotels/motels or other immediate, emergency housing in the City is more likely to lead to increased need for emergency and housing services and associated resources from the City; and WHEREAS, the City has a legitimate governmental interest in mitigating the impact of service provider activity on City’s resources and neighborhoods through enactment of service provider oversight regulations in order to enhance the quality of life for City’s residents and visitors; and WHEREAS, the City wishes to mitigate the impact of the voucher program and other service provider activity on City’s resources and neighborhoods, including measures to reduce the likelihood of persons and families becoming newly homeless in the City, by enacting service provider oversight regulations. NOW, THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chapter 5.14 is added to the Chula Vista Municipal Code to read as follows: Chapter 5.14 SERVICE PROVIDERS Sections: Page 829 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 2 5.14.010 Purpose. 5.14.020 Definitions. 5.14.030 Permit required. 5.14.040 Permit application. 5.14.050 Term of permit. 5.14.060 Permit renewal. 5.14.070 Operational standards. 5.14.080 Operational reporting. 5.14.090 Violation. 5.14.100 Enforcement. 5.14.110 Permit modification, suspension, and/or revocation. 5.14.010 Purpose. It is the purpose and intent of the City Council of the City, through the adoption of this chapter, to provide for the orderly regulation of Service Providers in order to adequately protect and promote the health, safety, and general welfare of the community. 5.14.020 Definitions. When used in this chapter, the following words and phrases shall have the meanings ascribed to them below. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to state or federal laws, including references to any California or federal statutes or regulations, is deemed to include any successor or amended version of the referenced statute or regulations promulgated thereunder consistent with the terms of this chapter. “Bridge Housing” means any transitional, emergency, or temporary housing and serves as a bridge before placement into permanent housing. “City Manager” means the City of Chula Vista City Manager or their designee. “Director of Housing and Homeless Services” means the City of Chula Vista Director of Housing and Homeless Services or their designee. Page 830 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 3 “Domestic Violence Services” means assisting individuals to access emergency, transitional, and long-term housing, crisis hotlines, medical and legal advocacy, and other services to survivors of domestic violence, dating violence, sexual violence, and stalking. “Housing Navigation” means assisting individuals in need of housing, including but not limited to: help with searching for housing; identification of an individual’s barriers to housing; guidance and advocacy to overcome those barriers; information and referral to community resources to address concerns related to housing (employment and training, mainstream benefits, etc.); developing a housing plan; and assistance in filling out housing applications. “Housing Placement” means the placement of individuals into bridge or permanent housing solutions. “Other Support Services” means supportive action that connect homeless individuals with diversion, treatment for substance abuse, mental health, or healthcare services. “Outreach Services” means efforts to help identify, screen, and refer individuals that are experiencing homelessness or who are at risk of homelessness to critical services, Bridge Housing, or permanent housing solutions. “Participant” or “Individual” means a person receiving Outreach Services, Housing Navigation, Domestic Violence Services, Rapid Rehousing, Housing Placement, or Other Support Services from a service provider. “Rapid Rehousing” means providing immediate rental assistance and services to individuals experiencing literal homelessness. “Service Provider” means an agency or organization that provides Outreach Services, Housing Navigation, Domestic Violence Services, Rapid Rehousing, Housing Placement, housing retention, and Other Support Services for individuals experiencing homelessness, who are at risk of homelessness, or who are temporarily displaced from their homes. “Service Provider Personnel” means a person or individual working or volunteering on behalf of the service provider. “Static-99R” means a revised sexual risk offender tool that is the commonly used empirical - actuarial risk scale for male sexual offenders (both parolees and probationers) and likelihood of sexual recidivism; is recognized by the State of California, which has mandated the use of Static- Page 831 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 4 99R when judges sentence sex offenders; and rates of sex offenders by scores associated with each sex offender, on a scale ranging from -3 to 1 (low) to 6 to 12 (high). 5.14.030 Permit required. A. It shall be unlawful for any person to act as a Service Provider in the City without first obtaining and maintaining a valid Service Provider permit pursuant to this chapter. B. No person shall engage in or carry on as a Service Provider in the City without first having applied for and secured a Service Provider permit, paid the applicable permit fee, and complied with the City’s business license requirements (Chapter 5.02 CVMC). C. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a Service Provider permit any status or right other than the right to act as a Service Provider in the City. 5.14.040 Permit application. An application for a Service Provider permit shall be submitted in the name of each Service Provider proposing to conduct Outreach Services in the City, shall be signed by an authorized agent thereof, and shall be accompanied by the Service Provider permit application fee as presently designated, or as may be in the future amended, in the master fee schedule of the City. It is the responsibility of each Service Provider to be informed of the laws affecting the issuance of a Service Provider permit. A Service Provider permit that is issued in error or on the basis of false or misleading information supplied by a Service Provider may be revoked pursuant to section 5.14.110 of this chapter. All applications shall be submitted on a form supplied by the City and shall contain the following information: A. The name, address, and contact information of the Service Provider, including local contact information. B. A copy of the Service Provider’s business entity certification of status from the California Secretary of State or the Service Provider’s current registration form with the California Department of Justice. C. The name of the agencies, organizations, or governments for which the Service Provider is under contract to provide services. Page 832 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 5 D. The name(s) and address(es) of all Bridge Housing and permanent housing locations in the City where individuals may be placed; provided, however, that the location of Bridge Housing and permanent housing in which victims of domestic violence are being served shall be listed on a separate sheet, submitted to the City along with the application in a sealed envelope marked “Confidential – DV Housing”, to be opened only at the direction of the City Manager, and only for the purpose of investigations to consider approval of the application or (if approved) enforce compliance with this chapter. E. A discharge/transportation plan for all participants of Service Provider programs. 5.14.050 Term of permit. A. A Service Provider permit or renewal thereof issued under the authority of this chapter shall be valid from the date of its issuance until the first to occur of the expiration date set forth on the permit or the revocation or suspension date. A Service Provider permit shall be of no further force, validity, or effect, and Service Provider services shall cease, upon the first to occur of the expiration date set forth on the permit or the revocation or suspension date. B. Prior to expiration of the Service Provider permit, the permittee may voluntarily cancel the permit by notifying the Director of Housing and Homeless Services in writing of the intent to cancel the permit. The permit shall become void upon the earlier to occur of the date specified by the permittee or the expiration of the permit. 5.14.060 Permit renewal. A. If a permittee desires to renew a Service Provider permit, the permittee must apply for and renew the Service Provider permit annually. Permittee’s request for renewal shall indicate any changes to the information or requirements set forth in section 5.14.040 above. B. The application for renewal must be filed no later than 30 days prior to the expiration date set forth on the permit. C. The application for renewal shall be submitted to the Director of Housing and Homel ess Services upon forms provided by the City and signed by the permittee under penalty of perjury and shall be accompanied by the permit renewal fee as presently designated, or as may be in the future amended, in the master fee schedule of the City. Page 833 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 6 D. The Director of Housing and Homeless Services shall review each application for renewal of a duly issued permit for completeness and accuracy before it is accepted as being complete and officially filed. In the event that the Director of Housing and Homeless Services determines that an application for renewal is incomplete or fails to provide the information and documentation required by this chapter, the Director of Housing and Homeless Services shall notify the permittee in writing, and the permittee shall have 30 calendar days (or longer as authorized by the Director of Housing and Homeless Services) in which to submit needed supplemental information or documentation as specified by the Director of Housing and Homeless Services. The City reserves the right to request additional information and documentation from the permittee regarding an application for renewal of a Service Provider permit, and to accept responses to requests for supplemental information or documentation. Failure to submit the required information within the 30 day period may be cause for denial of a renewal. E. As part of the approval of a renewal application, the Director of Housing and Homeless Services may impose such conditions in connection with the permit as he or she deems reasonably necessary in order to fulfill the purposes of this chapter, and may require reasonable guarantees and evidence that such conditions will be satisfied. F. If a timely and complete application for renewal of a Service Provider permit is submitted, the Service Provider permit previously and duly issued, valid and in effect prior to its expiration date, shall be automatically extended until the date a determination is made by the Director of Housing and Homeless Services to approve or deny such application for renewal. G. The Director of Housing and Homeless Services may deny the renewal of a Service Provider permit for any of the following reasons: 1. At the time of submission of the application for renewal, the application does not meet the renewal requirements of this section, including payment of the required fees. 2. The Service Provider has violated any of the operational requirements of sections 5.14.070 and 5.14.080 below during a previous permit term. H. Renewal of a Service Provider permit shall be subject to all terms, conditions, and requirements of this chapter and all applicable laws, and may be conditioned upon and subject to compliance with the conditions identified by the Director of Housing and Homeless Services on the renewal. Page 834 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 7 I. If an application for renewal of a Service Provider permit is denied, the Director of Housing and Homeless Services shall notify the permittee in writing. The notice will set forth the reasons for denial and the procedures for an appeal of the denial in accordance with CVMC 1.40. 5.14.070 Operational standards. All Service Providers shall conform to all of the following operational standards: A. That activities do not result in adverse effects to the health, peace, or safety of persons residing or working in the surrounding area. B. That activities do not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area. C. That service provider placement activities include a criminal background check completed for each participant placed in the City. D. That not less than 48 hours prior to placing any participant who is a registered sex offender with a Static-99R score of 4 or greater (i.e., Moderate-High to High) the Service Provider will notify the Chula Vista Police Department Family Protect Unit of the proposed placement by calling (619) 691-5214 and identifying where the participant will be housed or accommodated, but shall not identify the participant or his Static-99R score, unless otherwise allowed by law. E. That Service Provider personnel shall accompany participants to any placement location. F. That Service Providers will have a discharge and transportation plan that, among other things, does not discharge or allow the discharge of participants into homelessness. This plan must be submitted as part of the Service Provider permit application and be approved by the City as part of the review and approval process of the permit. 5.14.080 Operational reporting. Each Service Provider operating within the City shall report monthly to the Director of Housing and Homeless Services on the effectiveness of their efforts by providing the following information: A. Number of individual participants served (individual participant is a person). Page 835 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 8 B. The address of each Bridge Housing or permanent housing location used to place a participant, including the date of entry. Provided, however, that the location of Bridge Housing and permanent housing in which a victim of domestic violence is being placed shall be listed on a separate sheet, submitted to the City along with the application in a sealed envelope marked “Confidential – DV Housing”, to be opened only at the direction of the City Manager, and only for the purpose of investigations to consider approval of the application or (if approved) enforce compliance with this chapter. C. The location where each individual participant was most recently homeless prior to being placed in Chula Vista. D. Number of new, existing, and discharged participants. E. Number of participants discharged or transported to another Service Provider. F. The average daily rate paid for the housing of each individual participant. 5.14.090 Violation. A. It shall be unlawful for any Service Provider to violate any provision or fail to comply with the requirements of this chapter. B. A violation of this chapter is a public nuisance and may be abated by the City, or the City Attorney on behalf of the people of the state of California, as a nuisance in any manner provided for in this code or otherwise provided by law or equity, including a restraining order, injunction, or any other order or judgment in law or equity issued by a court of competent jurisdiction. The City, or the City Attorney on behalf of the people of the st ate of California, may seek injunctive relief to enjoin violations of, or to compel compliance with, this chapter or seek any other relief or remedy available at law or equity, including the imposition of monetary civil penalties. All expenses incurred by the City in connection with any action to abate a public nuisance will be chargeable as authorized by law to the Persons creating, causing, committing, or maintaining the public nuisance. C. A violation of any provision of this chapter by any permittee shall constitute grounds for modification, suspension, or revocation of the Service Provider permit. Page 836 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 9 5.14.100 Modification, Suspension, and/or Revocation of Service Provider Permit. A. In addition to any other penalty authorized by law, a Service Provider permit may be modified, suspended, or revoked for any violation of this chapter or any federal, state, or local law. B. The Director of Housing and Homeless Services shall have the authority to modify a Service Provider permit to impose additional conditions or amend existing terms or conditions in the event of any violation of any condition of the permit or any violation of this chapter or any federal, state, or local law. C. Any modification of conditions or suspension or revocation of a Service Provider permit shall be in accordance with the following procedures: 1. The Director of Housing and Homeless Services shall conduct an investigation whenever they have reason to believe that a Service Provider is in violation of, or has failed to comply with, any condition of the Service Provider permit, any requirements of this chapter, or any federal, state, or local law. 2. Should the investigation reveal substantial evidence to support a finding that a violation occurred, the Director of Housing and Homeless S ervices shall issue a written notice of intention to modify, suspend and/or revoke the permit. The written notice shall be served by certified mail on the Service Provider, shall specify the facts which, in the opinion of the Director of Housing and Homeless Services, constitute substantial evidence to establish grounds for modification, suspension and/or revocation, and state that the permit will be modified, suspended or revoked within 30 calendar days from the date the notice is given unless the Service Provider files with the City Clerk, before the modification, suspension or revocation becomes effective, a request for an administrative hearing to appeal the decision pursuant to CVMC 5.14.110 below. 5.14.110 Modification, Suspension, and/or Revocation of Service Provider Permit. A. Any affected Service Provider may appeal a decision of the Director of Housing and Homeless Services modifying, denying, suspending, or revoking a Service Provider permit to the City Manager within 30 calendar days from the date the notice is given. Said appeal shall be in writing and filed with the City Clerk upon forms provided by the Department of Housing and Homeless Services, and shall specify therein that the decision of the Director of Housing and Homeless Services was in error and identify the specific facts and circumstances on which the claim of error is based. If an appeal is filed within the time limit specified, it shall automatically stay proceedings Page 837 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 10 in the matter until a determination is made by the City Manager. The City Manager shall set the matter for hearing before a hearing examiner and notify the parties in writing of the date and location of the hearing at least 10 business days prior to said date. B. The fee to request an appeal pursuant to this chapter shall be in the form of a deposit, the amount to be determined by the City Manager in accordance with any applicable law based on the anticipated staff cost to conduct the hearing. If the cost of the hearing or appeal exceeds the deposited amount, the requesting party shall be responsible for payment of the additional costs incurred. If the hearing officer determines that the violation is not supported by the evidence, the entire deposited amount will be returned to the party that requested the appeal. The appeal hearing shall be conducted pursuant to CVMC 1.30.090 and 1.30.100. 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 an y 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 January 1, 2025. 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 Stacey Kurz Marco A. Verdugo Page 838 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Ordinance Page 11 Director of Housing and Homeless Services City Attorney Page 839 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHAPTER 4 OF THE CHULA VISTA MASTER FEE SCHEDULE TO ADD FEES RELATING TO SERVICE PROVIDERS WHEREAS, the hotel/motel voucher program is a program implemented by Service Providers to provide immediate, emergency housing for individuals and families experiencing homelessness or a temporary displacement from their permanent housing; and WHEREAS, since 2020 there has been a steady increase in the number of unsheltered persons in the City and the County, which has correlated with in a rise in the number of hotel/motel rooms in Chula Vista being utilized for emergency shelter via the voucher program; and WHEREAS, the increase in persons and families placed by Service Providers operating in the City has been accompanied by a correlating increase in crime-related calls for service and criminal activities at or around the hotels/motels participating in the voucher program, as well as an increase in the number of persons and families from outside Chula Vista in need of housing services in Chula Vista; and WHEREAS, the placement of persons or families in hotels/motels or other immediate, emergency housing in the City is more likely to lead to increased need for emergency and housing services from the City; and WHEREAS, the City has a legitimate governmental interest in mitigating the impact of Service Provider activity on City’s resources and neighborhoods through enactment of Service Provider oversight regulations in order to enhance the quality of life for its residents and visitors; and WHEREAS, on this same date, the City Council did place an ordinance on first reading adding Chapter 5.14, “Service Providers” to Title 5 of the Chula Vista Municipal Code to establish regulations, standards, and a permitting process for Service Providers operating in the City; and WHEREAS, in order to achieve full and equitable cost recovery for services provided in the permitting of Service Providers, the Council wishes to amend Chapter 4 of the City’s Master Fee Schedule , as set forth in Exhibit 1, attached hereto and incorporated herein by reference as if set forth in full; and WHEREAS, the proposed fees do not exceed the estimated reasonable cost of providing the associated services; and WHEREAS, Article XIII C of the California Constitution requires a vote of the electorate to increase any levy, charge, or exaction imposed by a local government unless specifically exempted; and Page 840 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda WHEREAS, the proposed fees are exempt from the vote requirement pursuant to Sections 1(e)(2) and 1(e)(3) of Article XIII C of the California Constitution; and WHEREAS, the proposed amendments to the Master Fee Schedule shall become effective upon adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby amend Chapter 4 (Business Fees) of the City's Master Fee Schedule to add fees relating to Service Providers, as set forth in Exhibit 1 to this Resolution. Presented by Approved as to form by Stacey Kurz Marco A. Verdugo, Director of Housing & Homeless Services City Attorney Page 841 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda MASTER FEE SCHEDULE FEE BULLETIN Chapter 4 – Business Fees 4-100 General Business Fees City of Chula Vista Finance Department 276 Fourth Avenue, Chula Vista, CA 91910 April 23, 2024 City of Chula Vista www.chulavistaca.gov 619.691.5250 GENERAL BUSINESS 1. Business License Fees, General Duplicate license ............................................ $5.00 Change of location ............................................ $12 Home Occupation Permit ................................. $25 Business resource and energy evaluation Non-compliance fine, greater of ....................... $15 or ............................... 5% of business license fee 2. Sales, Special Closing out sale, first 60 days ............................ $30 Closing out sale, one 30-day extension ............ $15 Special sales event ............................................ $45 Temporary outside sales event ......................... $45 SPECIFIC BUSINESS (REGULATORY) 1. Bath House Application, annual ...................................... $1,400 2. Bingo Application ...................................................... $265 Annual renewal ............................................... $265 3. Commercial Cannabis Application & First Year License Fees Application Phase 1 – New Application ....... $7,493 Application Phase 1 – Resubmittal ............. $2,800 Application/Initial Compliance Inspection Phase 2 (due at license application) .................... $16,570 First Year Compliance Inspection Phase 2 (due at conditional license issuance) ..... $31,275 First Year Compliance Inspection Phase 2 includes 4 City inspections per commercial cannabis business. Additional inspections will be subject to the Commercial Cannabis License Reinspection fee. Renewal Fees Annual Renewal/Compliance Inspection, each (City) ....................................................... $28,210 Annual Compliance Inspection, each (HDL) . $6,000 Additional Fees Zoning Verification Letter ............................... $183 New Background Review ............................. $1,155 Resubmittal Background Review .................... $663 Appeal .......................................................... $3,276 Reinspection, each .......................................... $330 Employee Background Review ........................ $320 Employee Background Renewal……………………$222 4. Card Room Work permit, application ............................... $175 Work permit, annual renewal ......................... $100 5. Casino Parties Application ...................................................... $265 6. Firearms Dealer Application ...................................................... $365 Annual renewal ............................................... $310 7. Fraternal Society Gameroom Application ...................................................... $265 8. Holistic Health Establishment Application ...................................................... $195 Annual renewal ................................................. $25 9. Holistic Health Practitioner Application ...................................................... $175 Annual renewal ............................................... $100 10. Junk Dealer Application ...................................................... $315 Renewal, every 2 years ................................... $100 Page 842 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda August 2022 MASTER FEE SCHEDULE  FEE BULLETIN 4-100 Page 2 of 2 City of Chula Vista www.chulavistaca.gov 619.691.5250 11. Massage Establishment Application ................................................... $1,400 Annual renewal ............................................ $1,250 Sale, transfer or change of location requires a new application, including payment of application fee. 12. Massage Technician Application ...................................................... $175 Annual renewal ............................................... $100 13. Mobile Home Park Annual Operating Fee The annual safety and health fee for operation of a mobile home park shall be as established by the State. 14. Pawnbroker Application ...................................................... $315 Renewal, every 2 years ................................... $100 Pawnshop employee ID card Application ...................................................... $165 Annual renewal ................................................. $70 Change of address/replacement....................... $10 15. Peddler Application ...................................................... $165 16. Public Dance Application ...................................................... $175 17. Second Hand Dealer Application ...................................................... $315 Renewal, every 2 years ................................... $100 18. Short-Term Rental Application ...................................................... $250 Annual Renewal .............................................. $175 Event Permit...................................................... $40 19. Solicitor Application, includes ID card........................... $165 ID card, annual renewal .................................... $70 20. Transient Merchant Application ...................................................... $165 21. Alcoholic Beverage Control (ABC) Determination of Public Convenience or Necessity (PCN) Hearing Filing Hearing fee ........................ Full cost recovery Initial deposit ............................................... $1,500 22. Tobacco Retailer Permit fee ....................................................... $322 23. Service Provider (Homeless Outreach Services) Application ...................................................... $315 Annual renewal ............................................... $235 APPEALS 1. ABC PCN Determination Processing fee ............................. Full cost recovery Initial deposit ............................................... $1,000 2. Police Regulated Business License Processing fee ............................. Full cost recovery Initial deposit .................................................. $250 FULL COST RECOVERY For all full cost recovery fee items, an initial deposit shall be collected to cover the City’s full cost, including overhead, incurred in conjunction with review and processing as requested by applicant. Additional funds may be collected, as required, to cover City costs. Should the application be withdrawn at any time, the deposit shall be adjusted to cover the City’s actual costs, including overhead, up to that time. Any funds remaining on deposit at the time of the completion or withdrawal of the application shall be returned to the depositor, after accounting for expenses incurred to date. See Master Fee Schedule Fee Bulletins 1-100 and 1-200 for additional discussion of full cost recovery and current hourly rates. Page 843 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Attachment 2 Service Provider Permit Fees Cost of Service Analysis Description Staff FBHR Rate * Hours Service Cost Proposed Fee Application and Reporting Housing and Homeless Services Staff (Blended Rate) $158.20 2.00 $316.40 $315 Annual Renewal and Reporting Housing and Homeless Services Staff (Blended Rate) $158.20 1.50 $237.30 $235 *Fully Burdened Hourly Rate, effective September 1, 2023. Page 844 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Written Communications Item 9.2 – Rodriguez Received 4/23/2024 From: juan rodriguez < Sent: Tuesday, April 23, 2024 11:24 AM To: CityClerk <CityClerk@chulavistaca.gov>; John McCann <jmccann@chulavistaca.gov>; Council District 1 <District1@chulavistaca.gov>; Jose Preciado <jpreciado@chulavistaca.gov>; Alonso Gonzalez agonzalez@chulavistaca.gov>; Council District 4 <District4@chulavistaca.gov>; Marco Verdugo MVerdugo@chulavistaca.gov> Cc: Subject: OPPOSE Item 9.2 for the Unsheltered Policy WARNING - This email originated from outside the City of Chula Vista. Do not click any links and do not open attachments unless you can confirm the sender. PLEASE REPORT SUSPICIOUS EMAILS BY USING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov I am opposed to the adoption of an ordinance that requires organizations trying to serve the homeless with outreach and services to pay to play in Chula Vista by requiring any organization helping homeless to register and pay a fee. I am opposed to an ordinance that equates those who are homeless to being criminals and not worthy of ass istance. It’s hard enough to do this work and serve those that others would rather throw away. Your efforts only add to cost, bureaucracy, and time to serving the homeless. You are receiving State, County and Federal dollars not just your own local tax dollars to address these issues so why doesn’t Chula Vista recognize that homelessness is a regional issue and sometimes when you take dollars from others you have to play with others. You lay out operational standards but who is to decide what is an adverse impact or activities that jeopardize or endanger public health and safety. There is nothing there with no definition or measurement. That could be perceived as discriminatory without laying out the rules that people have to follow. You are just deciding when or who is meeting these standards with no definitions. You’re requiring a criminal background check for what purpose? It doesn’t say. So, you can play big brother, you can discriminate and provide no services to them. What if it’s a shop lifting offense from 5 years ago versus an assault last year? There’s no distinction and there’s reasoning as to what the purpose is. This is a violation of fair housing laws. Looking at criminal history this way disparately impacts the homeless from trying to find housing and puts up barriers to housing. Are you serving the homeless or just protecting your resources and sending them somewhere else? 1. 1.Staff Report - Adding CVMC 5.14 Service Providers - 24-0121.pdf 2. 2.Ordinance Adding Chapter 5.14, Service Providers.pdf 3. 3.Resolution - Amending Master Fee Schedule Chapter 4.pdf 4. 4.Attachment 1 to Staff Report and Exhibit 1 to Resolution - Amendment to Master Fee Schedule Chapter 4.pdf 5. 5.Attachment 2 - Permit Cost Analysis.pdf You don't often get email from Learn why this is important Page 845 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda v . 0 0 4 P a g e | 1 April 23, 2024 ITEM TITLE State Legislation: Report on Senate Bill 1208 “Waste Discharge Permits: Landfills” and Adoption of a Resolution Expressing Support of Senate Bill 1208 Report Number: 24-0109 Location: Unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from Interstate 905, one-quarter mile from Loop Road/Paseo De La Fuente and east of State Route 11. Department: City Manager G.C. § 84308: No. Environmental Notice: This activity is not a “Project” as defined under Section 15378 of the California Environmental Quality Act (“CEQA”) State Guidelines. Therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action Council hear report and adopt a resolution in support of Senate Bill 1208: Waste Discharge Permits: Landfills. SUMMARY This item is in response to a City Council referral received at the Tuesday, March 19, 2024 City Council meeting requesting a report on Senate Bill 1208 titled “Waste Discharge Permits: Landfills”. Authored by Senator Steve Padilla and introduced on February 15, 2024, the bill seeks to address concerns regarding a proposed landfill in East Otay Mesa and potential pollution to the Tijuana River Watershed as a result. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with CEQA and has 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. Thus, no environmental review is required. Page 846 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 2 BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION On June 8, 2010, the voters of San Diego County approved county-wide initiative Proposition A. Proposition A amended the County General Plan, Zoning Ordinance, and other ordinances and policies of the County of San Diego to allow for the construction and operation of a recycling collection center and class III solid waste landfill on the project site. Class III sites can accept non-hazardous resources such as household, commercial, and industrial waste. Proposition A also amended the Siting Element of the Countywide Integrated Waste Management Plan (CIWMP) to list the project site as a recycling and disposal site and to conform the siting element text to provide for the proposed project. The Siting Element is not a specific development program but rather must demonstrate 15 years of countywide or regional permitted solid waste disposal capacity are or will be available through existing or planned facilities or other strategies. The proposed recycling collection center and class III solid waste landfill would occupy approxi mately 340 acres of the 450-acre site. The remaining 110 acres would remain undeveloped. The proposed project would be located in the unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from Interstate 905, one-quarter mile from Loop Road/Paseo De La Fuente and east of State Route 11. The proposed project site would be located approximately one and one-half miles from the City of San Diego, two and one-half miles from the City of Chula Vista, and one-quarter mile from the United States/Mexico border. Permitting Process There are various regulatory agencies involved in the permitting of landfills in California. The main regulatory body is the California Department of Resources Recycling and Recovery (CalRecycle) which issues a solid waste facility permit and conducts inspections and others like the Regional Water Page 847 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 3 Quality Control Boards which regulate discharges of waste to land using permits known as “Waste Discharge Requirements”. The County of San Diego Department of Environmental Health and Quality is certified as the Solid Waste Local Enforcement Agency (LEA) by CalRecycle to regulate solid waste facilities in San Diego County, excluding the City of San Diego. The LEA is responsible for the review and approval of applications for solid waste facility permits within unincorporated areas of San Diego County. In this capacity, the LEA also serves as the lead agency for compliance with the California Environmental Quality Act (CEQA). Government agencies, pursuant to CEQA, are required to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce any environmental impacts to the extent feasible. In 2011, the LEA published a Notice of Preparation with an accompanied Initial Study to inform the public about the project and the planned Environmental Impact Report (EIR). The flowchart shown here briefly summarizes the steps to prepare an EIR and the project’s current status. The amount of time needed to prepare an environmental document can vary widely depending on a variety of factors. Some projects may take a year, others may take years depending on the scope, scale, complexity of the project, and speed at which an environmental technical analysis is completed by the project applicant and submitted to the lead agency for review. Currently, an analysis of the environmental impact is being conducted. The following factors will be analyzed in environmental documents, these issues along with an analysis of project alternatives, cumulative effects, and potential for growth will be analyzed and discussed in the environmental document of the proposed project:  Aesthetics  Agricultural Resources  Air Quality  Biological Resources  Cultural Resources  Geology/Soils  Hazards and Hazardous Materials  Hydrology/Water Quality  Land Use/Planning  Mineral Resources  Noise  Population/Housing  Public Services  Recreation  Transportation/Traffic  Utilities/Service Systems Page 848 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 4 Senate Bill 1208 Senate Bill (SB) 1208: Waste Discharge Permits: Landfills is authored by Senator Steve Padilla and seeks to amend Section 40060 of the Public Resources Code, relating to solid waste by prohibiting a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. The bill would also expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a class II landfill. Watersheds are land areas that drain water through streams, lakes and rivers to a common low point – usually the ocean. The Tijuana Watershed is one of 11 watersheds within San Diego County. The Tijuana Watershed begins in the mountains near Mount Laguna. Water then flows into Mexico before returning to San Diego County, where it reaches the Pacific Ocean south of Imperial Beach. The map below shows the Tijuana River Watershed in green and the Tijuana River National Estuarine Research Reserve (“NERR”) in red. Although the draft EIR is currently being prepared, concerns have been raised about the potential harmful pollutants being discharged from the proposed landfill that is proposed to be located within the Tijuana River Watershed. These harmful pollutants may potentially travel to the Tijuana River and eventually back into the United States and Pacific Ocean further exacerbating the ongoing transboundary pollution that is severally impacting the coastline of South San Diego County. Page 849 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 5 In the 2023-2024 Legislative Platform, the City Council’s position statement regarding this topic reads, “Support state and federal funding and efforts to address and eliminate untreated sewage, trash, and sediment that originates from across the U.S.- Mexico border.” Landfill Capacity in San Diego County Public Resources Code (PRC) Sections 41770 and 41822 require CalRecycle to review and approve or disapprove each Countywide or Regional Agency Integrated Waste Management Plan Five-Year Review Report. In 2022, the County of San Diego Five-Year Review Report of the Countywide Integrated Waste Management Plan (CIWMP) was approved by CalRecycle. The CIWMP addresses waste management conditions within the county. It also provides an overview of the actions that will be taken to achieve the 50 percent equivalent per capita disposal target and to maintain a minimum of 15 years of landfill disposal capacity. Statute requires that the elements comprising the waste management plan be reviewed every five years after the original plan’s approval date, and be revised, if necessary. The 2022 CIWMP found that using estimated remaining capacities provided by landfill operators, the current physical space (system capacity) available in the region’s landfills is the equivalent of approximately 107,000,000 tons with an overall capacity estimated to last through 2053 (Figure 6). Capacity projections for all landfills in San Diego County do not represent Senate Bill 1383 (food waste and organics recycling) which began in the last few years and will likely extend the life of landfills. Page 850 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda P a g e | 6 Considering the potential impact of a landfill within the Tijuana Watershed and consistent with the Council approved Legislative Platform, staff recommends supporting SB 1208 as it seeks to address further pollution of waterways and the Tijuana Watershed which is a tributary of the Tijuana River located in southern San Diego County. City Council may also provide alternative direction to staff regarding the City’s position on SB 1208. 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 There is no current-year fiscal impact associated with this item. ONGOING FISCAL IMPACT There is no ongoing fiscal impact associated with this item. ATTACHMENTS 1. Senate Bill 1208 Language 2. SB 1208 Fact Sheet Staff Contact: Adrianna Hernandez, Special Projects & Legislative Manager Page 851 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Form Rev 3/6/2023 RESOLUTION NO. __________ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXPRESSING SUPPORT OF SENATE BILL 1208: WASTE DISCHARGE PERMITS: LANDFILLS WHEREAS, on June 8, 2010, the voters of San Diego County approved county-wide initiative Proposition A which amended the County General Plan and other ordinances and policies of the County of San Diego to allow for the construction and operation of a recycling collection center and class III solid waste landfill on the project site located in the unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from Interstate 905, one-quarter mile from Loop Road/Paseo De La Fuente and east of State Route 11 ; and WHEREAS, there are various regulatory agencies involved in the permitting of landfills including the California Department of Resources Recycling and Recovery (CalRecycle) and others like the Regional Water Quality Control Boards which regulate discharges of waste to land using permits known as “Waste Discharge Requirements”; and WHEREAS, Senate Bill (SB) 1208 would amend Section 40060 of the Public Resources Code, relating to solid waste by prohibiting a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River; and WHEREAS, the bill would also expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a class II landfill; and WHEREAS, for decades, the ongoing transboundary pollution crisis has severally impacted the coastline of South San Diego County due to untreated sewage, trash, and sediment that originates from across the U.S. – Mexico border; and WHEREAS, concerns have been raised about the potential for harmful pollutants to be discharged from the proposed landfill on the project site located within the Tijuana River Watershed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it supports SB 1208 in accordance with the 2023-2024 Legislative Platform. Page 852 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Resolution No. Page 2 Presented by Approved as to form by Maria V. Kachadoorian Marco A. Verdugo City Manager City Attorney Page 853 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SENATE BILL No. 1208 Introduced by Senator Padilla February 15, 2024 An act to amend Section 40060 of the Public Resources Code, relating to solid waste. legislative counsel’s digest SB 1208, as introduced, Padilla. Waste discharge permits: landfills. Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality and prescribe waste discharge requirements in accordance with the Porter-Cologne Water Quality Control Act and the federal national pollutant discharge elimination system permit program established by the federal Clean Water Act. The California Integrated Waste Management Act of 1989 prohibits a regional water board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand, as specified. The act defines “landfill used for the disposal of nonhazardous solid waste” as a disposal site regulated by a regional water board as a Class III landfill, as provided. This bill would additionally prohibit a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. The bill would also expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a Class II landfill, as provided. 99 Page 854 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Vote: majority. Appropriation: no. Fiscal committee: yes.​ State-mandated local program: no.​ The people of the State of California do enact as follows: line 1 SECTION 1. The Legislature finds and declares that the use line 2 of areas within the Tijuana River watershed for landfill disposal line 3 and related activities create the potential for pollution and other line 4 hazardous conditions that can adversely affect human health and line 5 the environment. line 6 SEC. 2. Section 40060 of the Public Resources Code is line 7 amended to read: line 8 40060. (a)  (1)  Notwithstanding any other provision of law, a line 9 regional water board shall not issue a waste discharge permit for line 10 a new landfill, or a lateral expansion of an existing landfill, which line 11 is used for the disposal of nonhazardous solid waste if the land has line 12 been primarily used at any time for the mining or excavation of line 13 gravel or sand. line 14 (2)  Notwithstanding any other law, and not subject to a variance, line 15 a regional water board shall not issue a waste discharge permit line 16 for a new landfill that is used for the disposal of nonhazardous line 17 solid waste if the new landfill is to be located within the Tijuana line 18 River National Estuarine Research Reserve or within an area that line 19 is tributary to the Tijuana River. line 20 (b)  A regional water board, in a public meeting, may grant a line 21 variance from paragraph (1) of subdivision (a) if the applicant line 22 demonstrates and the regional water quality control board line 23 determines that the discharges to a new facility or expansion of an line 24 existing facility during its operation and postclosure period will line 25 not pollute or threaten to pollute the waters of the state. In deciding line 26 whether to grant a variance, the regional water board shall consider, line 27 among other factors, site characteristics, including permeability line 28 and transmissivity of the underlying soils and depth to groundwater. line 29 For the purpose of this section, “groundwater” means the line 30 uppermost aquifer usable for beneficial purposes. line 31 (c)  Nothing in this section precludes any local jurisdiction from line 32 exercising any power which that it has pursuant to any other line 33 provision of law. line 34 (d)  The following definitions govern the construction of this line 35 section: 99 — 2 — SB 1208 Page 855 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda line 1 (1)  “Landfill used for the disposal of nonhazardous solid waste” line 2 means a disposal site regulated by a regional water board as a Class line 3 II or III landfill pursuant to Sections 2533 and 2541 of Subchapter line 4 2 (commencing with Section 20200) of Chapter 3 of Subdivision line 5 1 of Division 2 of Title 23 27 of the California Code of Regulations. line 6 (2)  “Lateral expansion” means a new or expanded waste line 7 management unit which that is not authorized on January 1, 1989, line 8 under existing waste discharge requirements issued pursuant to line 9 Division 7 (commencing with Section 13000) of the Water Code line 10 and an existing solid waste facility permit issued pursuant to this line 11 title. division. For purposes of subdivision (f), “lateral expansion” line 12 does not include a new or expanded waste management unit for line 13 which waste discharge requirements were issued by a regional line 14 water board before January 1, 1989, but were subject to review line 15 after that date pursuant to Section 13320 of the Water Code. line 16 (e)  The regional water board may hold a single hearing for line 17 purposes of granting a variance pursuant to subdivision (b) and line 18 establishing waste discharge requirements. line 19 (f)  Notwithstanding subdivision (b), a regional water board shall line 20 not grant a variance from paragraph (1) of subdivision (a) if the line 21 variance is for a new landfill, or a lateral expansion of an existing line 22 landfill, located within the boundaries of the Main San Gabriel line 23 Groundwater Basin. For purposes of this subdivision, the line 24 boundaries of the Main San Gabriel Groundwater Basin are the line 25 boundaries described in Exhibit A of the judgment in Upper San line 26 Gabriel Valley Municipal Water District v. City of Alhambra, et line 27 al., Case Number 924128 of the Superior Court for the County of line 28 Los Angeles. O 99 SB 1208 — 3 — Page 856 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 – Waste Discharge Permits: Landfills The Tijuana River has become the environmental and social justice crisis of this generation. Due to decades of inaction on both sides of the border, millions of gallons of untreated sewage and trash flow down its banks each day. The pollution originates in Tijuana and travels through the Tijuana River Estuary on the U.S. side before contaminating the Pacific Ocean near the City of Imperial Beach. The pollutants have decimated critical wetland ecosystems to the brink of collapse, caused the closure of several south San Diego County beaches, and led to significant health issues for the underserved communities that surround the river. These communities of San Ysidro, Otay Mesa, and Nestor have scored among the state’s most burdened on CalEnviroscreen 4.0. The addition of another major stressor to this border region would be environmentally hazardous and socially unjust. Despite the already existing crisis, private developers have proposed to construct a new landfill in San Diego County’s East Otay Mesa, just north of the U.S.-Mexico border and within the Tijuana River watershed, exacerbating the current environmental and social justice issues. The landfill could lead to more beach closures, more harm to the environment, and more injustice for vulnerable border communities. Additionally, studies show that the landfill is unnecessary as San Diego County has more than 30 years of capacity remaining in existing landfills1. The environmental and social costs of constructing new, unnecessary landfills are far too great to bear if sufficient disposal capacity remains to meet the region’s needs. Despite these concerns, developers could break ground as soon as this year. SB 1208 would prohibit a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. The bill would also expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a Class II landfill. Staff Contact Name: Cece Sidley Title: Senate Fellow Email: Cece.Sidley@sen.ca.gov Capitol Office: (916) 651 – 4018 1 County of San Diego Department of Public Works. County of San Diego Five-Year Review Report of the Countywide Integrated Waste Management Plan. CIWMP, June 2022, https://www.sandiegocounty.gov/content/dam/sdc/dpw/SOLID_WASTE_PLANNING_and_RECYCLING/Files/2022%20Five - Year%20Review.pdf. Page 857 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Support  Chair Nora Vargas, San Diego County Board of Supervisors  Mayor Paloma Aguirre, Imperial Beach  Councilmember Matthew Leyba-Gonzalez, Imperial Beach  Councilmember Jose Preciado, Chula Vista  Councilmember Carolina Chavez, Chula Vista  Councilmember Marcus Bush, National City  Roberto Alcantar, Southwestern College  San Diego and Imperial Counties Labor Council  San Diego Coastkeeper  San Diego Democrats for Environmental Action  Casa Familiar  Climate Action Campaign  Center for Biological Diversity  Californians Against Waste  Endangered Habitats League  Protect Otay Foothills  SD 350  San Diego Audubon Society  San Diego Native Plant Society  La Voz Demócrata Page 858 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator Allen, Chair 2023 - 2024 Regular Bill No: SB 1208 Author: Padilla Version: 2/15/2024 Hearing Date: 4/24/2024 Urgency: No Fiscal: Yes Consultant: Gabrielle Meindl SUBJECT: Waste discharge permits: landfills DIGEST: Prohibits a Regional Water Quality Control Board (Regional Water Board) from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. ANALYSIS: Existing law: 1)Establishes the federal Clean Water Act (CWA) to regulate discharges of pollutants into the waters of the United States and to regulate quality standards for surface waters. (33 United States Code (USC) §1251 et seq.) 2)Establishes the National Pollutant Discharge Elimination System (NPDES) permit program and authorizes the State Water Resources Control Board (State Water Board) and the nine Regional Water Boards to prescribe waste discharge requirements (WDRs) which, among other things, regulate the discharge of pollutants in stormwater, including municipal stormwater systems. (33 USC § 1342; Water Code (WC) § 13377) 3)Prohibits a Regional Water Board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land has been primarily used at any time for the mining or excavation of gravel or sand. (Public Resources Code § 40060 (a)) 4)Prohibits, pursuant to the Porter-Cologne Water Quality Control Act, the discharge of pollutants to surface waters unless the discharger obtains a permit from the State Water Board or a Regional Water Board. (WC § 13000, et seq.) Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 859 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 5) Requires California’s Regional Water Boards to adopt water quality standards within their region of jurisdiction. (WC § 13240) 6) Requires a Regional Water Board to prescribe requirements for any proposed discharge, existing discharge, or material change in an existing discharge, except discharges into a community sewer system, with relation to the conditions existing in the disposal area upon or receiving waters into which the discharge is made or proposed. Specifies that requirements must implement any relevant water quality control plans that have been adopted, and take into consideration, the beneficial uses to be protected, water quality objectives, other waste discharges, the need to prevent nuisance and other factors. (WC § 13263) This bill: 1) Prohibits a Regional Water Board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. 2) Expands the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a Regional Water Board as a Class II landfill, as provided. Background 1) Federal Clean Water Act (CWA). The Federal Water Pollution Control Act of 1948 was the first major U.S. law to address water pollution. The law was amended in 1972 and became commonly known as the Clean Water Act (CWA). The federal CWA establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters. Under the CWA, the United States Environmental Protection Agency (U.S. EPA) has implemented pollution control programs, including setting wastewater standards for industrial facilities, as well as setting water quality standards for contaminants in surface waters. The CWA made it unlawful to discharge any pollutant from a point source into navigable waters without a permit. Industrial, municipal, and other facilities must obtain a permit under the National Pollutant Discharge Elimination System in order to discharge into surface water. 2) National Pollutant Discharge Elimination System (NPDES). As authorized by the CWA, the NPDES Permit Program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. Point Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 860 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 sources are discrete conveyances such as pipes or man-made ditches. Examples of pollutants include, but are not limited to, rock, sand, dirt, and agricultural, industrial, and municipal waste discharged into waters of the United States. The NPDES Program is a federal program which has been delegated to the State of California for implementation through the State Water Board and the Regional Water Boards. 3) State Water Board. Created by the State Legislature in 1967, the five-member Board allocates water rights, adjudicates water right disputes, develops statewide water protection plans, establishes water quality standards, and guides the nine Regional Water Boards located in the major watersheds of the state 4) Regional Water Boards. There are nine regional water quality control boards statewide. Regional boundaries are primarily based on watersheds and some water quality requirements may be based on the unique differences in climate, topography, geology, and hydrology for each watershed. Each Regional Water Board makes critical water quality decisions for its region, including setting standards, issuing WDRs, determining compliance with those requirements, and taking appropriate enforcement actions. By taking away the Regional Water Board’s authority to issue waste discharge permits, this bill would establish a blanket prohibition on new landfills in the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. 5) Tijuana River and Estuary Contamination. The Tijuana River flows north from Tijuana into the Tijuana River and Estuary (TJRE) in the U.S., emptying into the Pacific Ocean at Imperial Beach. The TJRE is severely contaminated by untreated sewage, industrial waste, and urban run-off due to inadequate infrastructure and urbanization and the watershed is classified as an impaired water body according to the U.S. Clean Water Act. This contamination is a persistent environmental and public health threat with major economic, legal, social, and health implications for the nearby communities such as San Ysidro and Imperial Beach, according to a February 13, 2024, white paper from the San Diego State University, School of Public Health, titled Tijuana River Contamination from Urban Runoff and Sewage: A Public Health Crisis at the Border. Below is an excerpt from the white paper: “Threats to public health include known concerns posed by any exposure to untreated sewage in the U.S., but of special concern and specific to this watershed are the unusual threats to health from pollutants arising in Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 861 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 Mexico, including human and livestock diseases eradicated in California, pathogens carrying antibiotic-resistant genes, and industrial and municipal chemicals not permitted to be discharged into the environment in California, among others…Contaminated water is flowing into the ocean year-round, and, especially after rain events, has forced beach closures in the region for years; however, this problem does not just adversely affect beachgoers and surfers exposed to contaminated seawater. Exposures impact the health of people who live and work nearby like children, seniors, lifeguards, military personnel, border patrol officers and other at-risk populations. Current regulation and monitoring measures are inadequate in relation to known contaminants yet potential health risks to surrounding communities from harmful viruses, bacteria and parasites as well as toxic chemicals in water and air, presenting a pressing public health crisis.” 6) Environmental impacts of landfills. In support of this measure, the author provided the committee with a July 2022 article from Environmental Science and Pollution Research, titled An overview of the environmental pollution and health effects associated with waste landfilling and open dumping. The article reports that landfilling is associated with various environmental pollution problems, namely, underground water pollution due to the leaching of organic, inorganic, and various other substances of concern contained in the waste, air pollution due to suspension of particles, odor pollution from the deposition of municipal solid waste, and even marine pollution from any potential run-offs. Further, the research shows health impacts may occur through the pollution of the underground water and the emissions of gases, leading to carcinogenic and non-carcinogenic effects of the exposed population living in their vicinity. It should be noted that this article was based on a “desk review,” which is a scientific method that involves scanning the available body of literature. The study did not specifically look at the environmental impacts of landfills in California. California’s Regional Water Boards are required to ensure landfills comply with existing laws and procedures that protect water quality from the impacts of landfill operations. 7) The East Otay Mesa Recycling Collection Center and Landfill. More than a decade ago, San Diego County voters approved a county-wide initiative to allow for the construction and operation of a landfill and recycling center in East Otay Mesa. In 2011, a proposal submitted for a class III solid waste landfill occupying approximately 340 acres of the 450-acre site. The remaining 110 acres would remain undeveloped with an additional 1000-foot buffer. The proposed project is located in the unincorporated area of south San Diego County, approximately one and one-half miles from the City of San Diego, two Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 862 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 and one-half miles from the City of Chula Vista, and one-quarter mile from the United States/Mexico border. If this bill passes, this proposed landfill in East Otay Mesa would not be able to receive a waste discharge permit from the Regional Water Board. 8) San Diego’s land-fill capacity. San Diego has 12 facilities that process waste: eight recycling and transfer stations and four landfills: Otay Mesa Landfill, Miramar Landfill, Sycamore Landfill, and Borrego Landfill. Two of the largest landfills (Miramar and Otay) are set to close by 2030. On September 20, 2022, CalRecycle approved the Five-Year Review Report for the Countywide Integrated Waste Management Plan for the County of San Diego. The report indicates that the county has enough capacity with existing landfills to last through 2053. However, this scenario assumes the Sycamore Landfill will apply for three expansions to their daily permitted capacity. Sycamore Landfill has complete California Environmental Quality Act (CEQA) for these landfill expansions; however, there has been no application to the Local Enforcement Agency to revise the Solid Waste Facility Permit. The disposal projection scenario also assumes the county will meet aggressive recycling and organic waste targets, thereby diverting a greater rate of organic materials from the landfills. As noted above, the report references that Miramar and Otay are estimated to close by 2030. This closure date may happen earlier, opponents argue, since, to date, diversion targets have not been met. “If that does happen, Sycamore may not be fully prepared or even authorized to accept higher inflows,” according to opponents. 9) CalEnviroScreen. In order to address the cumulative effects of both pollution burden and these additional factors, and to identify which communities might be in need of particular policy, investment, or programmatic interventions, the Office of Environmental Health Hazard Assessment (OEHHA) developed and now maintains and updates the CalEnviroScreen tool on behalf of CalEPA. The tool applies a framework, developed by OEHHA in 2010, for assessing cumulative impacts. According to OEHHA cumulative impacts refer to exposures and public health or environmental effects from all sources of pollution in a geographic area. Cumulative impacts also take into account groups of people that are especially sensitive to the effects of pollution and socioeconomic factors. The CalEnviroScreen tool's framework is based in large part on input from a statewide working group on environmental justice that pointed out the unmet need to assess cumulative burdens and vulnerabilities affecting California communities. According to CalEnviroScreen 4.0, Otay Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 863 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 Mesa, the site of the proposed landfill, has a score in the 90-100% (which is the most polluted percentile). Comments 1) Purpose of Bill. According to the author, “Border communities already face some of California’s most pressing environmental justice challenges. The Tijuana River is already one of the most polluted watersheds in the nation. Allowing developers to build an unnecessary landfill in that watershed would further impact local communities that are already enduring ecological disasters. SB 1208 will protect vulnerable Californians by prohibiting a landfill that would further pollute the waters of the Tijuana River and threaten local residents.” 2) Is the landfill needed? As discussed above, Tijuana River contamination is a persistent environmental and public health threat for the nearby communities. The author contends that citing a solid waste landfill at East Otay Mesa would increase the pollution burden of already overburdened border communities. The author further maintains that the East Otay Mesa landfill is “not necessary as the County of San Diego has found the current landfill capacity will last through 2053.” Proponents of the proposal argue that with efforts to meet aggressive state goals and continued improvements in recycling, “there is a significant potential for increased waste diversion, which would extend landfill capacity over an even longer term.” While this may be true, as noted previously, the projections of San Diego’s landfill capacity are predicated on the anticipated expansions of Sycamore Landfill. It is worth noting that the proposed East Otay Mesa landfill includes a recycling center (RCC) and organic waste processing and composting facility. The RCC would contain a materials recovery facility which would be used to separate recyclable materials to be hauled off-site. 3) Negates Regional Water Board authority and expertise. SB 1208 would prohibit the San Diego Regional Water Board from issuing a waste discharge permit for the proposed landfill in East Otay Mesa, thereby stopping the project from moving forward. This approach, however, negates the existing decision- making authority and expertise of the Regional Water Board, whose job it is to ensure landfills comply with existing laws and procedures that protect water quality from the impacts of landfill operations. Board approval of a waste discharge permit for a new Class III landfill, such as East Otay Mesa, is an extensive, project specific process. State regulations specify general Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 864 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 construction criteria, criteria for containment structures, liners, leachate collection and removal systems, subsurface barriers, precipitation and drainage controls, as well as requirements for water quality monitoring. Once a permit applicant submits a Report of Waste Discharge (ROWD), a yearlong Board staff review of the application begins, followed by staff preparation of the draft WDRs. The completion of the draft WDRs triggers a public review and comment process. Then, the draft WDRs is publicly noticed for consideration by the Regional Water Board. The Board can vote to approve the WDRs, deny, or grant limited approval if any outstanding concerns cannot be mitigated. If approved, the Regional Water Board has authority to enforce all aspects of the WDRs, including groundwater monitoring requirements. Importantly, current law states that all discharges of waste into waters of the state are privileges, not rights. The San Diego Regional Water Board has not received a ROWD for the proposed East Otay Landfill. According to the Board, “at a minimum, Regional Board approval would be contingent on prohibitions of surface discharges to any drainages offsite in both the Waste Discharge Requirements (WDRs) themselves as well as the Industrial and Construction Storm Water Permit Enrollments. Groundwater controls would be extensive and monitored onsite and offsite, if approved.” 4) Overburdening existing landfills? Stopping the East Otay Mesa landfill from moving forward could also result in increased demands on San Diego’s existing waste disposal infrastructure and landfills. Opponents of this measure argue that SB 1208 would “effectively extend the life and heights of existing landfills that are known to be harming residents,” noting that Sycamore landfill, the landfill that is anticipated to be expanded, is located less than a half mile away from a residential area, increasing the likelihood for potential exposures to methane emissions. Further, opponents argue that the bill would inappropriately “undermine the will of San Diego County voters” and impede “ongoing and rigorous environmental review of a proposed recycling and landfill facility – effectively undermining the California Environmental Quality Act (CEQA).” 5) Question before the committee. While it is clear that TJRE is severely contaminated by untreated sewage and that this has created a public health crisis at the border, it is less clear what potential impacts a new landfill at East Otay Mesa will have on the Tijuana River watershed and neighboring communities. These impacts are currently being evaluated through the CEQA process. Further, without this bill, the potential water quality impacts of the Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 865 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 project would be vetted through the Regional Water Board. The question before the committee is whether the potential health and environmental impacts to overburdened border communities warrant a blanket prohibition on new landfills in the TJRE, thereby stopping a voter-approved local project, or if it is more appropriate to let CEQA process currently underway and the anticipated Regional Water Board regulatory process play out. The latter option would enable the Board to assess the specific impacts of the proposed landfill and require appropriate mitigation measures to protect water quality. Should the committee wish to advance this proposal, the committee and author may wish to consider amending the bill to provide an exception to the prohibition if a regional water board makes a finding that the WDRs protect water quality, meet water quality objectives, and protect beneficial uses. 6) Could this bill shelve the Nelson Sloan Quarry reclamation project? According to the information provided by the author, the aim of this bill is to prohibit the construction the proposed East Otay Mesa landfill and recycling center. The bill seeks to accomplish this by prohibiting the a Regional Water Board from issuing “a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the new landfill is to be located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River.” However, while the proposed East Otay Mesa site is within an area that is tributary to the Tijuana River (via Mexico and Rio Alamar), it is not within the Tijuana River National Esturarine Research Reserve. A concern has been raised by the San Diego Regional Water Board that another significant project, described as core to the Tijuana River Valley recovery, which is located in the Tijuana River National Estuarine Research Reserve, could be stalled by this proposal (i.e., prohibiting the Regional Water Board from considering a waste discharge permit for the project). The Nelson Sloan Quarry Restoration and Beneficial Reuse of Sediment Project (Project) represents a multi-jurisdictional agreement developed over the past decade. One of the first projects identified in the Tijuana River Valley Recovery Strategy, the Project is an effort to restore an abandoned sand and gravel quarry within the Tijuana River National Esturarine Research Reserve with sediments dredged from the Goat Canyon Sediment Basin and the pending Tijuana Estuary Tidal Restoration Project, a key climate adaptation strategy for the Estuary. The sediment management and restoration activities proposed is anticipated to improve water quality within the watershed as well as improve recreational access and quality of life for downstream communities. Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 866 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 In addition, the long-term goals of the project include the enhancement of upland habitat on site and riparian and estuarine habitats in the valley, and reduced flooding hazards throughout the valley. The California Department of Parks and Recreation (CDPR) received $1.2 million in state grants to develop the project through the final design and environmental review. CDPR certified the CEQA environmental impact report in June 2023 and submitted it to the Regional Water Board. Staff are reviewing it at this time. CDPR will also be submitting the ROWD to the Board for review soon. According to the San Diego Regional Water Board, “The Nelson Sloan Quarry Restoration and Beneficial Reuse of Sediment Project is an important environmental restoration effort identified within the TJ River Recovery Strategy in 2012 and is critical to CA State Parks protection and restoration of the Tijuana River National Estuarine Research Reserve. This Project will also help address transboundary flows of sewage, trash, and sediment, into the Tijuana River Valley and out to the Pacific Ocean.” If the committee chooses to advance this proposal, to ensure the Regional Water Board is not precluded from considering the Nelson Sloan Quarry Project, the committee and author may wish to consider clarifying that the bill’s prohibition shall not apply to a public agency restoration and beneficial reuse project for abandoned sand and gravel mining quarries located within the Tijuana River National Estuarine Research Reserve or areas tributary to the Tijuana River. 7) Committee amendments. Staff recommends the committee adopt the bolded amendments contained in comments 5 and 6 above. Related/Prior Legislation AB 2601 (Garcia, 2022) would have prohibited a Regional Water Board from issuing a waste discharge permit for a new landfill, or a lateral expansion of an existing landfill, that is used for the disposal of nonhazardous solid waste if the land is located within three miles of the United States border with Mexico. This bill was held on suspense in the Assembly Appropriations Committee. SB 1383 (Garcia, Chapter 395, Statutes of 2016) establishes methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants including to reduce the disposal of organic waste 75 percent below 2014 Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 867 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 levels by 2025 and to recover 20 percent of edible food for human consumption that is currently landfilled by 2025. SOURCE: Author SUPPORT: California Coastal Protection Network California Coastkeeper Alliance Californians Against Waste Center for Biological Diversity Inc. Cleanearth4kids.org Climate Action Campaign Endangered Habitats League Environmental Center of San Diego Protect Otay Foothills San Diego Audubon Society San Diego Coastkeeper San Diego Count Democrats for Environmental Action SanDiego350 Surfrider Foundation San Diego Chapter Surfrider Foundation San Diego County Wildcoast 129 Individuals OPPOSITION: California Building Industry Association Councilmember Marni von Wilpert, City of San Diego Councilmember Moreno, City of San Diego National Enterprises, INC. 1 Individual ARGUMENTS IN SUPPORT: According the San Diego Coastkeeper, Surfrider Foundation of San Diego County, and Protect Otay Foothills, “This legislation addresses our grave concerns about a new private landfill proposed to be developed in that tributary system in the upper Tijuana River Watershed in the Otay Mountain Foothills. “The project could impair water and air quality throughout the Tijuana River Watershed, including the Tijuana River Valley and Estuary, causing negative health impacts to downstream communities in a region already burdened by one of the worst ongoing public health and environmental justice crises in the country. Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 868 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda SB 1208 (Padilla) Page 11 of 11 “Fundamentally, there is no need for a new landfill in San Diego County, as the County has more than adequate assured disposal capacity as documented in the County’s detailed analysis of the region’s landfill capacity. We applaud Senator Padilla’s recognition that “we all live downstream”, and pointedly that an unnecessary landfill developed in the watershed of the already impaired Tijuana River, could adversely affect water and air quality in the lower watershed and exacerbate the ongoing pollution issues from which our border cities and communities have suffered for decades.” ARGUMENTS IN OPPOSITION: According to National Enterprises, Inc., “While we share in your concern and appreciate your steadfast leadership on the restoration of the Tijuana River, SB 1208 would also effectively extend the life and heights of existing toxic landfills that are known to be harming residents in your district, require your residents pay even more for waste and recycling, and undermine the will of San Diego County voters. Furthermore, SB 1208 inappropriate impedes on ongoing and rigorous environmental review of a proposed recycling and landfill facility – effectively undermining the California Environmental Quality Act (CEQA). “SB 1208 undermines San Diego County Voters Approval of Environmentally Superior Alternative located outside of the Tijuana River NERR [National Estuarine Research Reserve]. In 2010, County of San Diego voters approved, with 84.49%, Proposition A to allow for the construction and operation of a recycling collection center and class III solid waste landfill on the East Otay Mesa project site… “In contrast to existing facilities, the project is currently going through stringent environmental review by the San Diego Solid Waste Local Enforcement Agency (LEA) and a Draft Environmental Impact Report (EIR) is being prepared. This is the appropriate process for studying any potential impacts to the Tijuana River watershed and identifying any necessary mitigations.” -- END – Additional Information - Item 9.3 Deputy Mayor Gonzalez Received 4/23/2024 Page 869 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda East Otay Mesa Recycling Collection and Landfill Facility A Solution for Modern Waste Management in California Project Description 13 | 9 The East Otay Mesa Recycling Collection Center and Landfill Facility (EOMEF) will provide refuse capacity to meet a portion of the total disposal needs of the San Diego County integrated waste management system. The developed portion of the property will be 340 acres with 110 undeveloped and an additional 1000- foot-wide buffer established by the County of San Diego surrounding the site for environmental protection. g San Diego County Voters approved the project by a vote of 84.49 % ( June 8, 2010) The state-of-the-art project consists of a lined landfill, landfill gas and recovery system, storm water retention facilities, mulch production and recycling processing, along with administrative and maintenance facilities. Designed to Meet California’s Waste and Recycling Needs mA Designed in accordance with California’s ambitious environmental quality laws. Most advanced technology prevent water table iva contamination and greenhouse gas emissions, making it the most secure option currently available. Private investment will ease the state’s burden to fund the =, landfill transformations and reduce the burden on ratepayers. 9 Satisfies state’s need to provide waste processing facilities in a geographically strategic location. Rigel The closest residential development is 5 miles away. Hi m - sv e u s i v u n w w o 2 d ud h i M m - eb WA Page 870 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Lack of New Infrastructure adds to High Cost of Living and Harms the Environment e 2/3 of class three landfills that serve San Diego MSA are owned and operated by the same company. e In6 years, there will only be 1 owner-operator in the region, owning 1 facility; Driving up the price to dispose of waste and recycle. e A monopoly in San Diego increases cost to construction, increases illegal dumping in the environment, and costs to residents and businesses. “* East Otay Mesa facility will provide critically needed infrastructure and competition to stabilize tipping fees and garbage rates. Existing Landfills Not Meeting State’s Environmental Regulations e Asexisting landfills grow beyond originally projected height and as the state increases environmental regulations, current landfills are struggling to contain emissions and runoff. e Otay (CV), Sycamore, and Miramar have all been cited numerous times by the State of California for failing to contain emissions. e Landfill disposal rates are increasing despite state laws aimed at reducing waste Current San Diego County Facilities can’t meet Long-term Needs San Diego has 12 facilities that process Borrego Landfill in Northeast San Diego waste, most permitted mid-century County serves the desert community of (Pre-CEQA). 8 recycling and transfer Borrego Springs and is set to close by stations and four landfills. 2046. Two of the largest, Miramar and Otay Sycamore Landfill, located on the are set to close by 2030. northside, is set to close by 2054 and will be last remaining that serves greater San Diego. Will cause significant truck travel and emissions as the South Bay grows. Project Location * The proposed project site would be located approximately one and one-half miles from the City of San Diego, two and one-half miles from the City of Chula Vista, and one-quarter mile from the United States/Mexico border. ¢ Unincorporated South San Diego County. Page 871 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda East Otay Mesa Recycling & Landfill Center COUNTY OF SAN DIEGO oo ed GUBERNATORIAL PRIMARY ELECTION Pagar 42 of 13 Tuesday, June 8, 2010 Official Results (Gan Diego County Portion Only) PROP A— COUNTY OF SAN DIEGO ‘ast Otay Mesa Recycling/Landfill Number of Precincts Precincts Reporting 671 100.0 % Total Votes é Site Location * The proposed project site would be located sppreruiately one and one- half miles from the City of San Diego, two and one-half miles from the City of Chula Vista, and one-quarter mile from the United States/Mexico border. * Unincorporated South San Diego County. < Approumately two miles east of the Siempre Viva Road exit from Interstate 905, one- quarter mile from Loop Road/Paseo De La Fuente and east of planned State Route 11. Tijuana River Watershed D> Lakes and Streams BiB) tiuana River NERR > Tijuana River Watershed and Sub-Basins Tijuana “River % Saudiegs. EAST OTAY MESA : RECYCLING COLLECTION CENTER & LANDFILL FACILITY <a _ SS eae ts 7 2 Rosarito Page 872 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Item 9.3: Senate Bill 1208- Waste Discharge Permits: Landfills Adrianna Hernandez, Special Projects & Legislative Manager Page 873 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 2 SB 1208 Provisions 1.Amend Section 40060 of the Public Resources Code, relating to solid waste by prohibiting a regional water board from issuing a waste discharge permit for a new landfill that is used for the disposal of nonhazardous solid waste if the land is located within the Tijuana River National Estuarine Research Reserve or within an area that is tributary to the Tijuana River. 2.Expand the definition of “landfill used for the disposal of nonhazardous solid waste” to also include a disposal site regulated by a regional water board as a class II landfill. Page 874 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 3 Tijuana River Watershed Page 875 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 4 East Otay Mesa Landfill •June 2010: Voters approved county-wide initiative Proposition A. •Project would be located in the unincorporated area of south San Diego County, approximately two miles east of the Siempre Viva Road exit from Interstate 905, one-quarter mile from Loop Road/Paseo De La Fuente and east of State Route 11. Page 876 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 5 Background •County of San Diego regulates solid waste facilities in San Diego County, excluding the City of San Diego, and is certified as the Solid Waste Local Enforcement Agency. •In compliance with the California Environmental Quality Act (CEQA), an Environmental Impact Report must be prepared. •Currently, the analysis on the environmental impact is being conducted. Project Status Page 877 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 6 Background Landfill Capacity in San Diego County Page 878 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 7 Background 2023-2024 Legislative Platform Policy Position Statement Environmental Quality •“Support state and federal funding and efforts to address and eliminate untreated sewage, trash, and sediment that originates from across the U.S.-Mexico border.” Page 879 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Recommended Action: Council hear report and adopt a resolution in support of Senate Bill 1208: Waste Discharge Permits: Landfills. Council may also provide alternative direction to staff regarding the City’s position on SB 1208. Page 880 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista City Hall 276 4th Avenue Chula Vista CA 91910 jmccann@chulavistaca.gov MEMO April 18, 2024 TO: Kerry Bigelow, City Clerk CC: Karina L. Lafarga, Deputy City Clerk FROM: Mayor John McCann RE: Board and Commission Appointment The Mayor would like to recommend Tiffany Hecklinski for appointment to the Human Relations Commission. Tiffany Hecklinski will replace former Commissioner Harriet Baber. Please place this item on the April 23, 2024 Council agenda for ratification. Yours in Page 881 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda MarionReynoso From:webmaster@chulavistaca.gov Sent:Wednesday, April 3, 2024 11:12AM To:CityClerk; Karina L. Lafarga; Amanda Angulo; Marion Reynoso; Audrey Malone Subject:City of Chula Vista - Human Relations Commission Application WARNING - This email originated from outside theCity ofChula Vista. Donotclick any links and donot openattachments unless youcan confirm thesender. PLEASE REPORT SUSPICIOUS EMAILS BYUSING THE PHISH ALERT REPORT BUTTON or to reportphishing@chulavistaca.gov Anewentrytoaform/survey hasbeensubmitted. FormName: Human Relations Commission Application Date & Time: 04/03/202411:12AM Response #: 86 Submitter ID: 131461 IPaddress: Timetocomplete: 53min. , 50sec. Survey Details Page1 Application formembership ontheHumanRelations Commission. 1. Prefix Dr. 2. Firstand LastName Tiffany Hecklinski 3. Preferred Pronoun She/Her/Hers 4. E-mail 5. Home Address 6. City 1 Page 882 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Chula Vista 7. ZIPcode 91910 8. Primary Phone 9. Secondary Phone Notanswered 10. Icertifythat Iamaresident oftheCityofChula Vistaandatleast18years ofage. When applying foraYouth Advisory member: Iamaresident oftheCityofChula Vistaandbetween 16and22yearsof age. Yes 11. Howlong haveyoubeen aresident oftheCity? Notanswered 12. Please click heretoviewtheinteractive mapandverify yourDistrict ofresidency Iamaresident ofthefollowing CityCouncildistrict. 2 13. Present employer ExaltClinical Research 14. Occupation Co-owner, Co-Founder, Vice-President ofOperations 15. Please select theseatsforwhich youareinterested andqualify: (select asmany asapplicable) Resident oftheCityAt-Large 16. Areyoucurrently serving onaChula Vista Board/Commission? No 17. Which one(s)? Notanswered 18. Haveyoupreviously served onaChula VistaBoard/Commission? No 19. Which ones? Notanswered 2 Page 883 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 20. PerChula VistaMunicipal CodeSection 2.25.030, Iunderstand: IfIamcurrently servingonaboard orcommission, Imustresign frommycurrent board orcommission ifIam appointed. Imusthaveserved atleast 12months on mycurrent board orcommission inorder tobeappointed toanother board or commission. Ihavereadandacknowledged theabove statement. 21. Areyouorhaveyou beeninvolved inanylocal, civicorcommunity groups? Yes 22. Which ones? Rotary; BoysandGirlsClub, South County; BNI; SB Elevate 23. Inwhatways areyouassociated withthebusiness andorcivicactivities ofthe City? Howhasyourparticipation reflected theinterests andconcerns withtheprotection ofthecivil liberties ofallpeople which make uptheCity'sresidents? Inaddition tobeing abusiness owner, Iamcurrently involved inmultiple activities involving thecityofChula Vistaincluding Rotary, theBoysandGirlsClub, South County, BNI, andSBElevate. Through these organizations, Iamabletocontribute to activities forthegoodoftheentirecommunity ofChula Vista. Iamparticularly passionate about thecivil libertiesofchildren thusmyinvolvement intheBoysand GirlsCluband committees within Rotary. Ensuring thatchildren arebeing granted basichuman rights andareable toparticipate inactivities regardless oftheirbackground isvital tobuilding asustainable, inclusive community. 24. Please describe how yourepresent thediversity ofChula Vista? IamnotfromChula Vista; I'matransplant fromtheMidwest andtheSouth. Ihavelivedinover20places across the country. While notatypical example of "diversity", Ihaveexperience with integrating myself intodifferent cultures and making eachonemyhome. Ihavelearned tobeapartofcommunities inlargecitiesintheMidwest (Chicago) aswellas smallruralcommunities intheSouth (Davidson, North Carolina). Learning about different cultures andpeople hasbeena giftasithasallowedmetogaininsight intoallthewonderful similarities and differences that makeupourgreatnation. I havefound thatwhen visiting withpeople inChula Vista, they areinterested inmyexperiences livingotherplaces. Ithink these experiences givemeaunique lensincontributing tothediversity ofChula Vista. 25. Please describe yourinterest infostering better humanrelations intheCityofChula Vista. When mybusiness partner andIbegan exploring places toopenourresearch clinic, Iimmediately feltaconnection toChula Vista. Somuch so, thatnotonly didweopenabusiness here, butImovedhere fromNorth County. Chula Vista isnowmy home. Because ofthis, Iwanttosupport ourcityanditscitizens. "Forthegoodofthecommunity" isaphrase thatIbelieve isimportant because itencompasses ALLmembers ofourcity. Asacityweshould bestriving foradirection thatreflects whatisgoodforallcitizens, notjustaselect few. 26. What would youhopetoaccomplish intheroleofaHuman Relations Commissioner? (250wordsorless) Ihopetobeacontributing member ofthiscommission byfirst listening andlearning toother commission members aswell ascityofficials astowhatissues theybelieve ourcommunity isfacing. Ibelieve gaining asmuch knowledge aspossible isa vitalfirststepinanysituation because oneoften "doesn'tknow, what theydon'tknow." Mygoaloverall istoprovide feedback totheMayorandhisstaffonhoweach member ofourcitycanfeelseenandthatdecisions aremade forthegood ofthe community - evenifwedon'talways agree withthem! My hopeisthat Icanplay somesmallroleinbringing community members together whomight otherwise notcome together duetodifferences. Ifirmly believe thatifwefocus onhowwearesimilar, rather thanhowwearedifferent, thenacknowledging andrespecting those differences isattainable. 27. Please upload aresume inaddition toyourapplication (not required, butstrongly encouraged). Hecksliski CV (signed7-19-23).pdf 3 Page 884 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda 28. Iamfamiliar with theresponsibilities oftheHuman Relations Commission. Iattest thattheinformation Ihaveprovided is accurate andtrue. Thank you, CityofChula Vista This isanautomated message generated byGranicus. Please donotreplydirectly tothisemail. To help prot ect your priva cy, … 4 Page 885 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda Page 886 of 886 City of Chula Vista - City Council April 23, 2024 Post Agenda