HomeMy WebLinkAboutReso 2026-189RESOLUTION NO. 2026-189
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN ENCAMPMENT DELEGATED
MAINTENANCE AGREEMENT WITH THE CALIFORNIA
DEPARTMENT OF TRANSPORTATION FOR A
REIMBURSABLE AMOUNT IN FISCAL YEAR 2026-27 OF UP
TO $200,000 AND APPROPRIATING FUNDS THEREFOR
WHEREAS, the City of Chula Vista (“City”) has pursued the opportunity to enter into an
Encampment Delegated Maintenance Agreement (“EDMA”) with the California Department of
Transportation (“Caltrans”) attached herein as Exhibit A; and
WHEREAS, this EDMA would authorize the City to take over encampment maintenance
services along the Interstate 5 freeway from Main Street (mile post 5.4) to E Street (mile post 8.6),
which provides access to and from the City; and
WHEREAS, these responsibilities would include the removal of litter and debris as it
relates to the removal of encampments; and
WHEREAS, the EDMA aligns with the City’s ongoing efforts to address issues associated
with unsheltered encampments and to maintain safety and cleanliness in the State right-of-way; and
WHEREAS, pursuant to the EDMA, the maintenance activities authorized under the
EDMA are reimbursable by Caltrans up to $200,000; and
WHEREAS, maintenance activities are Categorically Exempt pursuant to Section 15301
Class 1 of the California Environmental Quality Act Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it approves the EDMA, between the City and Caltrans, in the form presented, with such minor
modifications as may be required or approved by the City Attorney, a copy of which shall be
kept on file in the Office of the City Clerk, and authorizes and directs the City Manager to
execute the same, for a reimbursable amount in fiscal year 2026-27 of up to $200,000.
BE IT FURTHER RESOLVED, by the City Council of the City of Chula Vista, that it
hereby amends the Fiscal Year 2026-27 budget by appropriating $200,000 to the Supplies &
Services category in the State Grants Fund.
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Resolution No. 2026-189
Page No. 2
Presented by Approved as to form by
Stacey Kurz Marco A. Verdugo
Director of Housing and Homeless Services City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 1st day of September 2026, by the following vote:
AYES: Councilmembers: Chavez, Fernandez, Inzunza, Preciado, and McCann
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
John McCann, Mayor
ATTEST:
Kerry K. Bigelow, MMC, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Kerry K. Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2026-189 was duly passed, approved, and adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 1st day of September 2026.
Executed this 1st day of September 2026.
Kerry K. Bigelow, MMC, City Clerk
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ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT
WITH THE CITY OF CHULA VISTA
This ENCAMPMENT DELEGATED MAINTENANCE AGREEMENT (“AGREEMENT”) is
made by and between the State of California, acting by and through the
Department of Transportation (“STATE”) and the City of Chula Vista (“LOCAL
AGENCY”); each may be referred to individually as a “PARTY” and jointly as
“PARTIES.”
RECITALS
1. This AGREEMENT will identify specific maintenance functions the
LOCAL AGENCY will perform in the STATE right of way, including highway
and freeway areas situated within STATE’s jurisdictional limits as authorized
under Streets and Highways Code Section 114 and 116.
2. This AGREEMENT does not supersede any Freeway Agreements or
Maintenance Agreements executed by the PARTIES.
OPERATIVE PROVISIONS
1. Maintenance Services. LOCAL AGENCY shall perform maintenance
operations as set forth in this AGREEMENT, at the State Route(s) identified
in Exhibit A. Maintenance operations include the removal of
encampments, litter, and debris.
2. Prior Delegated Maintenance Agreements. This AGREEMENT does not
supersede the PARTIES’ prior Delegated Maintenance Agreement(s),
Freeway Agreements or Maintenance Agreements executed by the
PARTIES. The previous agreements shall remain in full force and effect.
3. Maintenance Standards. LOCAL AGENCY shall perform all “maintenance”
as defined in Streets and Highways Code Section 27 and in compliance
with the standards set forth in STATE policies, procedures, and
specifications in effect and as amended. LOCAL AGENCY shall also follow
applicable municipal ordinances as long as it is not in conflict with STATE
laws, policies, procedures, and specifications.
4. Maintenance Areas and Services. LOCAL AGENCY shall only perform
maintenance services in the STATE right of way locations described in
Exhibit A, hereinafter referred as LOCATIONS.
5. REVISING EXHIBITS. PARTIES can revise this AGREEMENT by mutually
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amending, replacing, or providing additional pages to the Exhibits. Any
such change must be signed by authorized representatives of PARTIES,
and no formal amendment to the body of this AGREEMENT will be
necessary. The revised Exhibit will thereafter supersede the previous Exhibit
and become part of this AGREEMENT.
6. AMENDMENT TO AGREEMENT. Except as provided in the preceding
sections concerning Exhibit amendments, the terms of this AGREEMENT
may only be amended by a formal written amendment executed by
both PARTIES.
7. Unsheltered Encampment Removal.
A. Definitions:
1. MPD 1001 R1 (Exhibit D) - Maintenance Policy Directive issued
by the State, establishes the agency's official policy for the
removal of encampments from state highway rights-of-way.
Please refer to MPD 1001 R1
2. PEH- Persons Experiencing Homelessness
3. Priority Level 1 (Critical Priority for Expeditious Removal)
Encampments that pose an imminent threat to life, health,
safety, or infrastructure require immediate removal without
prior notice.
Examples of Imminent Threats:
• Encampment close to traffic, with PEHs at immediate risk
of being struck by vehicles.
• PEHs living in confined spaces, such as bridge cells.
• Encampment near an unstable structure at risk of
collapse. Please refer to MPD 1001 R1.
4. Priority Level 2 (Removal Needed)
Encampments that do not pose an immediate threat. Please
refer to MPD 1001 R1.
B. Factual determination of whether an encampment is Priority
Level 1 will need prior confirmation by the STATE Encampment
Specialist Maintenance Superintendent.
C. Immediately upon discovery and receiving confirmation as
provided in the preceding clause, by the STATE Encampment
Specialist Maintenance Superintendent, LOCAL AGENCY may
remove Level 1 encampments and shall inform by phone and
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email of such removal, the STATE’s Encampment Specialist
Maintenance Superintendent. Removal of Level 1
encampments shall be pursuant to MPD 1001 R1.
D. LOCAL AGENCY shall remove Level 2 encampments and in
doing so shall adhere to STATE standards for working with PEH at
the LOCATIONS, as detailed in MPD 1001 R1 and applicable
State and Federal law.
E. When possible, allow two weeks to perform outreach services for
priority Level 2 encampments. LOCAL AGENCY shall submit an
Encampment Removal Request Form to the STATE’s
Encampment Specialist Maintenance Superintendent and
include all requested information including timestamped photos
(LOCAL AGENCY shall not move forward until the Removal
Request has been approved and signed by appropriate STATE
personnel. Within one week of the completion date of a
removal, the LOCAL AGENCY shall complete and submit to the
STATE’s Encampment Coordinator all information required in the
After-Action Report, including after photos. LOCAL AGENCY
may use alternative forms or reporting templates so long as all
required information is included.
F. Nothing in this Agreement grants or waives the right of California
Highway Patrol (CHP) and other law enforcement agencies
having jurisdiction over the LOCATIONS.
8. Maintenance Service Schedule. LOCAL AGENCY shall provide STATE’s
District Area Maintenance Superintendent, as shown in Exhibit C, the
maintenance service schedule no less than 7 days telephone or email
notice before performing any maintenance services under this
AGREEMENT. Their email and phone number are listed on Exhibit C. LOCAL
AGENCY shall provide the District Maintenance Agreement Coordinator
(DMAC) and District Area Maintenance Superintendent identified in Exhibit
C of this AGREEMENT with an encampment removal schedule.
Maintenance services shall be provided on an as needed basis. Prior written
approval must be received from the STATE’s District Encampment Specialist
through the DMAC. Additionally, LOCAL AGENCY shall coordinate with CHP
prior to performing any work. Maintenance services shall be performed
between the hours of 7:00 a.m. and 3:00 p.m. or as otherwise authorized
by the State Representative, if necessary. LOCAL AGENCY must request
through the DMAC prior written approval from STATE’s District Maintenance
Supervisor to perform any maintenance services before 7:00 a.m. or after
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3:00 p.m. and/or weekends and holidays.
9. Authorized Reimbursement. The functions, frequency and levels of
maintenance services delegated to LOCAL AGENCY under this
AGREEMENT and amounts appropriated to STATE for this AGREEMENT,
have been considered in setting the total reimbursement amounts due to
the LOCAL AGENCY under this AGREEMENT. STATE shall reimburse LOCAL
AGENCY up to the amount shown in Exhibit A-1. LOCAL AGENCY may
perform additional work if desired, but STATE will not reimburse LOCAL
AGENCY for any work in excess of the authorized dollar limits established
herein.
10. Billing, Payment and Reporting.
10.1 Billing Date. LOCAL AGENCY shall promptly submit billing
invoices in arrears to the STATE, for each past quarter including
the period prior to the close of STATE’s fiscal year on each
June 30th.
10.2 Billing Submission Format. Each billing invoice shall
include all of the following:
a. STATE’s AGREEMENT number;
b. Date(s) of services;
c. Location of services;
d. Number of hours and hourly rates;
e. Receipts for trash disposal; and
f. Receipts for equipment, materials, and supplies;
g. Before and after photos.
STATE shall pay LOCAL AGENCY for the actual cost of maintenance
services which is satisfactorily performed but shall not exceed the
amounts shown in Exhibit A-1.
11. Successors. This AGREEMENT shall be binding upon and inure to the
benefit of each of the PARTIES’ successors-in-interest, including, but not
limited to any public entity to whom any part of the STATE right of way
covered under this AGREEMENT may be relinquished and any
subsequently incorporated city or other municipality established within
the LOCAL AGENCY’s jurisdictional limits.
12. Legal Disposal of Litter Collected.
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LOCAL AGENCY shall make its own arrangements for the legal disposal
of litter or debris materials to authorized disposal sites. LOCAL AGENCY
shall not leave any filled litter bags, litter piles or other groups of litter
assembled during its maintenance services along or in STATE Right of
Way. Such litter groupings shall be removed out of STATE Right of Way
each day LOCAL AGENCY performs the maintenance services in this
AGREEMENT.
13. Storage of Personal Items.
LOCAL AGENCY shall meet the storage requirements of not less than 60
days for any personal property that is collected as set forth in MPD 1001
R-1. LOCAL AGENCY shall follow MPD 1001 R-1 with regard to the items
that are to be collected and stored. To the extent LOCAL AGENCY
deviates from these requirements, LOCAL AGENCY shall fully defend,
indemnify and save harmless STATE and its officers and employees from
all claims, suits, or actions of every kind occurring by reason of any
deviation from MPD 1001 R-1 as set forth in the indemnification
paragraph below.
14. Hazardous Waste and Hazardous Materials.
LOCAL AGENCY shall be fully and solely responsible for the proper
identification, handling, removal and disposal of all hazardous waste
and hazardous material during the performance of maintenance
services pursuant to this AGREEMENT as it relates to encampment
clean-up activities.
15. Safety and Worker Compliance. LOCAL AGENCY shall be solely
responsible for crew pay, workers compensation, and any other
benefits required by state and federal law. Subcontractors and crew
members are not considered STATE’s employees at any time. LOCAL
AGENCY shall comply with all applicable State and Federal statutes
and regulations governing worker and public safety, including but not
limited to compliance with CAL-OSHA regulations and guidelines.
LOCAL AGENCY shall make arrangements through the STATE if traffic
controls, flags, signs, or lane closures are necessary to safely perform
any maintenance services. STATE’s maintenance Supervisor or designee
shall determine what protections are required at the worksite pursuant
to applicable provisions of the STATE’s (Caltrans) Maintenance Manual,
including but not limited to Volume 1, Chapter 8, Protection of
Workers.
16. Equipment and Supplies. LOCAL AGENCY shall provide the necessary
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equipment, tools, personal protective equipment, materials, supplies
and products necessary to perform the maintenance services under this
AGREEMENT. STATE shall reimburse LOCAL AGENCY for the reasonable
costs of such equipment and supplies not to exceed the authorized
expenditures set forth in Exhibit A-1.
17. Legal Relations and Responsibilities.
17.1 No Third-party Beneficiaries. This AGREEMENT is not intended to
create duties, obligations, or rights of third parties beyond the
PARTIES to this AGREEMENT. Nor does this AGREEMENT affect a
PARTY’s legal liability by imposing any standard of care for the
maintenance of STATE highways different from the standard of
care imposed by law.
17.2 Indemnification. Neither STATE nor any of its officers or employees
is responsible for any injury, damage or liability occurring by
reason of anything done or omitted to be done by LOCAL
AGENCY in connection with any work, authority or jurisdiction
conferred upon LOCAL AGENCY under this AGREEMENT. LOCAL
AGENCY shall fully defend, indemnify, and save harmless STATE
and its officers and employees from all claims, suits, or actions of
every kind occurring by reason of anything done or omitted to be
done by LOCAL AGENCY, its contractors, sub-contractors and/or
its agents pursuant to this AGREEMENT.
Neither LOCAL AGENCY nor any of its officers or employees is
responsible for any injury, damage or liability occurring by reason
of anything done or omitted to be done by STATE, in connection
with any work, authority or jurisdiction conferred upon STATE under
this Agreement. STATE shall fully defend, indemnify, and save
harmless LOCAL AGENCY and its officers and employees from all
claims, suits, or actions of every kind occurring by reason of
anything done or omitted to be done by STATE, its contractors,
subcontractors, and/ or its agents pursuant to this Agreement.
17.3 Work-related Injuries. If a LOCAL AGENCY-assigned crew member
is injured while performing maintenance services under this
AGREEMENT, LOCAL AGENCY or its designated subcontractor shall
be responsible for ensuring the crew member is given prompt
medical care and treatment and, if necessary, transportation to a
medical facility. LOCAL AGENCY or its designated subcontractor
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shall administer any injury and workers compensation claims.
LOCAL AGENCY shall notify the STATE’s Area Maintenance
Superintendent within twenty-four (24) hours when any such
incident has occurred.
18. Prevailing Wages and Labor Compliance. If the work performed
under this AGREEMENT falls within the requirement of Prevailing wages
as per Labor Code Section 1720 through 1815 LOCAL AGENCY shall
comply with any and all applicable labor and prevailing wage
requirements in Labor Code Sections 1720 through 1815 and
implementing regulations for public works or maintenance contracts
and subcontracts executed for the LOCAL AGENCY’s maintenance
services under this AGREEMENT. LOCAL AGENCY agrees to include
prevailing wage requirements in its contracts for public works. Work
performed by LOCAL AGENCY’s own forces is exempt from the Labor
Code’s prevailing wage.
19. Insurance.
Self-Insured. LOCAL AGENCY is self-insured. LOCAL AGENCY shall
deliver evidence of self-insured coverage providing general liability
insurance, coverage of bodily injury and property damage liability, in
an amount of $1 million per occurrence, $2 million in aggregate, and
$5 million in excess by delivering a Letter certifying Self-Insurance. The
Letter of Self-Insurance must be substantially in the form of Exhibit B
and identify the AGREEMENT number, and location as depicted in
Exhibit A. LOCAL AGENCY shall provide the original Letter certifying
Self-Insurance as a condition to STATE’s execution of this AGREEMENT.
A copy of the original letter shall be attached to this AGREEMENT as
Exhibit B.
Self-Insured using Contractor. If the work performed under this
AGREEMENT is done by LOCAL AGENCY‘s contractor(s), LOCAL
AGENCY shall require its contractor(s) to maintain in force, during the
term of this AGREEMENT, a policy of general liability insurance,
including coverage of bodily injury and property damage liability,
naming STATE, its officers, agents and employees as the additional
insured in an amount of $1 million per occurrence, $2 million in
aggregate, and $5 million in excess. LOCAL AGENCY shall provide a
certificate of insurance evidencing this insurance in a form satisfactory
to STATE.
20. Budget Contingency. STATE’s payments to LOCAL AGENCY are
contingent upon the Legislature appropriating sufficient funds under
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the Budget Act and the encumbrance of funding to STATE’s District
Office.
21. Termination. Either PARTY may terminate this AGREEMENT upon 30
days’ prior written notice to the other PARTY .
22. Effective Date (Term) of Agreement. This AGREEMENT shall become
effective on the last of the dates each PARTY’s authorized
representative has executed this AGREEMENT. This AGREEMENT
shall expire on June 30, 2027.
23. Authority. Each individual executing this AGREEMENT on behalf of
each PARTY represents and warrants that he/she is duly authorized
under the law to execute this AGREEMENT. LOCAL AGENCY
represents and certifies that it has, through its regular political process,
authorized the execution of this AGREEMENT by appropriate
resolution, delegation, or plenary authority as required.
Default. If LOCAL AGENCY fails to perform obligations assumed under
this agreement, the STATE may, by written notice, request that the
default be remedied within thirty (30) calendar days. If LOCAL AGENCY
fails or refuses to do so, the STATE may seek legal remedies including
specific performance, complete the obligations and refuse to pay
LOCAL AGENCY’s future invoices until STATE’s expenses are
redeemed.
24. Counterparts. This AGREEMENT may be executed in one or more
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document.
25. Electronic Signatures. Electronic signatures of the PARTIES, whether
digital or encrypted, are intended to authenticate this written
AGREEMENT, and shall have the same force and effect as manual
signatures for this AGREEMENT.
26. Party Representatives and Notices. All notices, document
submittals and invoices required under this AGREEMENT shall be
deemed to have been fully given when made in writing and
received by the PARTIES at their respective addresses listed on
Exhibit C.
27. List of Exhibits.
Exhibit A – Locations
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Exhibit A-1 – Funding
Exhibit B – Proof of Insurance
Exhibit C- PARTY Representatives and Contacts
Exhibit D - Maintenance Policy Directive (MPD) 1001 R1
THE CITY OF CHULA VISTA
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
Approved as to form:
Marco A. Verdugo
City Attorney
APPROVED:
Dated:
Tiffany Allen
City Manager
Dated:
Harwell Ontoy
District Division Chief
Maintenance District 11
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EXHIBIT A
LOCATIONS
Route
No.
Description of Routing within STATE Right of Way
Adjacent to Local Agency Boundaries
I-5 Main St. to E St.
Post Miles: 5.4 to 8.6
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Exhibit A-1
Funding
Total maximum authorized expenditure: $200,000
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EXHIBIT B
LETTER CERTIFYING CITY’S SELF-INSURED STATUS
On Local Agency letterhead
Caltrans District 11 4050 Taylor St. San Diego CA 92110
, 2026
ATTN: Troy Compton District 11 Maintenance Agreement Coordinator
Re: Statement of Self-Insurance for CITY of CHULA VISTA for Delegated
Maintenance Agreement with California Department of Transportation, Litter
Abatement, Supporting Inside Safe at Multiple Locations.
Dear Harwell Ontoy, District Division Chief Maintenance:
This letter certifies that the CITY of Chula Vista is self-insured and self-funded
covering third-party claims arising out of its general operations (i.e.;
commercial general liability and automobile liability insurance). Further, the
CITY is self- insured covering workers’ compensation claims and has received
the consent of the State Department of Industrial Relations to do so.
Each fiscal year, as a part of its budgetary process, the CITY appropriates funds
specifically to satisfy valid third-party claims and workers’ compensation
claims, which may be brought against the CITY.
The CITY certifies its self-insured, general liability coverage for bodily injury and
property damage liability, meets the required coverage amounts in the
insurance of the Encampment Delegated Maintenance Agreement,
specifically general liability insurance, coverage of bodily injury and property
damage liability in an amount of $1 million per occurrence, $2 million in
aggregate, and $5 million in excess.
If you need any additional information regarding this letter, please direct
those inquiries through my office.
Sincerely,
Finance Manager/Risk Manager/Authorized Representative’s Title
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EXHIBIT C
All notices, document submittals and invoices required under this AGREEMENT
shall be deemed to have been fully given when made in writing and received
by the PARTIES at their respective addresses as follows:
Party Representatives and Notices.
LOCAL AGENCY’s Project Manager:
STATE’s District Maintenance Agreement Coordinator (DMAC): Troy Compton
Email Address: troy.compton@dot.ca.gov
Other Contacts for LOCAL AGENCY
STATE’s Encampment Specialist Maintenance Superintendent
Leonard Sauceda
Email:Leonard.Sauceda@dot.ca.gov
Phone: (858) 518-8473
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Exhibit D
Maintenance Policy Directive (MPD) 1001 R1
�������� Caltrans Maintenance Policy Directive MPD 1001-R1 (PDF)
https://dot.ca.gov/-/media/dot-media/programs/maintenance/documents/mpd-1001r1-10-2022-
a11y.pdf
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