HomeMy WebLinkAbout2014-06-17 Agenda Packet 1 declare under pe�alty of perjury that 1 am
employed by the City of Chula Vista in the
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Cheryl Cox, Mayor
Patricia Aguilar, Councilmember James D. Sandoval, City Manager
Pamela Bensoussan, Councilmember Glen R. Googins, CityAttorney
Rudy Ramirez, Councilmember ponna R. Norris, City Clerk
Mary Salas, Councilmember
Tuesday, June 17, 2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
SPECIAL MEETINGS OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY MEETING
JOINTLY WITH THE CITY COUNCIL OF THE CITY OF CHULA VISTA
REVISED 6/13/14
Nofice is heieby given that the Mayor of the City o/ Chula Vista� has called and will convene Special Meetings of
the Successor Agency fo the Redevelopment Agency and the Housing Authority meefing jointly with the City
Council on Tuesday, June 17, 2014, at 2:00 p.m. in the Council Cham6ers. located at 276 Fourth Avenue,
Building A, Chula Visfa, Califomia to consider items on this agenda.
CALL TO ORDER
ROLL CALL:
Councilmembers Aguilar, Bensoussan, Ramirez. Salas and Mayor Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
A. 14-0377 OATHS OF OFFICE
Crystal Alonso and Melissa Baldwin, Cultural Arts Commission
Ciry o/Chula Vsia Page i Pnnted on W73/2074
City Council Agenda June 17,2014
B. 14-0359 PRESENTATION OF A PROCLAMATION TO CITY MANAGER
JAMES SANDOVAL IN RECOGNITION OF HIS RETIREMENT
AFTER SERVING 15 YEARS WITH THE CITY OF CHULA
VISTA
CONSENT CALENDAR (Items 1 - 6)
The Council will enact the Consent Calendar staff recommendations by one
motion, without discussion, unless a Councilmember, a member of the public,
or staff requests that an item be removed for discussion. If you wish to speak
on one of these items, please fill out a "Request to Speak" form (available in
the lobby) and submit it to the City Clerk prior to the meeting. Items pulled
from the Consent Calendar will be discussed immediately following the
Consent Calendar.
1. 14-0381 APPROVAL OF MINUTES of May 20, 2014.
Staff Recommendation: Council approve the minutes.
2. 14-0321 RESOLUTION NO. 2014-104 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE DESIGN/BUILD
AGREEMENT WITH BALFOUR BEATTY CONSTRUCTION
FOR THE DESIGN AND CONSTRUCTION OF
IMPROVEMENTS AT THE ANIMAL CARE FACILITY AND
AMENDING THE GENERAL FUND TO REFLECT AN
APPROPRIATION OF $34,186 TO CIP GG221 (4/5 VOTE
REQUIRED)
Department: Public Works Department
Staff Recommendation: Council adopt the resolution.
3. 14-0322 RESOLUTION NO. 2014-105 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH
PFM ASSET MANAGEMENT LLC TO PROVIDE INVESTMENT
MANAGEMENT SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO
EXTEND THE AGREEMENT
Department: Finance Department
Staff Recommendation: Council adopt the resolution.
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City Council Agenda June 17,2014
4. 14-0346 A. RESOLUTION NO. 2014-106 OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING AN ANNEXATION
MAP SHOWING TERRITORY PROPOSED TO BE ANNEXED
TO IMPROVEMENT AREA "C" OF COMMUNITY FACILITIES
DISTRICT NO. 97-2 (PRESERVE MAINTENANCE DISTRICT)
B. RESOLUTION NO. 2014-107 OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO
AUTHORIZE THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA "C"
THERETO
Department: Development Services Department
Staff Recommendation: Council adopt the resolutions.
5. 14-0352 RESOLUTION NO. 2014-108 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF
AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR FUNDING UNDER THE CALHOME
PROGRAM AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE, IF SELECTED FOR SUCH FUNDING, TO
EXECUTE A STANDARD AGREEMENT, ANY AMENDMENTS
THERETO, AND ANY RELATED DOCUMENTS NECESSARY
TO PARTICIPATE IN THE CALHOME PROGRAM
Department: Development Services Department - Housing Division
Staff Recommendation: Council adopt the resolution.
6. 14-0382 RESOLUTION NO. 2014-109 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA REMOVING THE HISTORIC
ELIGIBILITY STATUS OF THE SEARS BUILDING LOCATED
AT 565 BROADWAY
Department: Development Services Department
Staff Recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
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City Council Agenda June 17,2014
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on
the agenda. State law generally prohibits the Council from discussing or
taking action on any issue not included on the agenda, but, if appropriate, the
Council may schedule the topic for future discussion or refer the matter to
staff. Comments are limited to three minutes.
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required
by law. If you wish to speak on any item, please fill out a "Request to Speak"
form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
7. 14-0335 CONSIDERATION BY THE CITY COUNCIL, SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, AND
HOUSING AUTHORITY OF THE ADOPTION OF THE
OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR
THE CITY AND THE OPERATING BUDGETS FOR THE
HOUSING AUTHORITY AND SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY FOR FISCAL YEAR 2014-15
A. RESOLUTION NO. 2014-110 OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE OPERATING
AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF
CHULA VISTA FOR FISCAL YEAR 2014-15 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING
JUNE 30, 2015 EXCLUDING CAPITAL PROJECT STL394,
OPEN SPACE DISTRICTS 8 AND 10 AND THE OTHER
EXPENSES CATEGORY OF THE NON-DEPARTMENTAL
BUDGET IN THE GENERAL FUND
B. RESOLUTION NO. 2014-111 OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE OPERATING
BUDGET FOR OPEN SPACE DISTRICT 8 FOR FISCAL YEAR
2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL
YEAR ENDING JUNE 30, 2015
C. RESOLUTION NO. 2014-112 OF THE CITY COUNCIL OF
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City Council Agenda June 17,2014
THE CITY OF CHULA VISTA ADOPTING THE OPERATING
BUDGET FOR OPEN SPACE DISTRICT 10 AND THE
NON-DEPARTMENTAL BUDGET, OTHER EXPENSES
CATEGORY, IN THE GENERAL FUND FOR FISCAL YEAR
2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL
YEAR ENDING JUNE 30, 2015
D. RESOLUTION NO. 2014-113 OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ADOPTING THE CAPITAL
IMPROVEMENT BUDGET FOR CAPITAL IMPROVEMENT
PROJECT STL394 MOSS STREET CORRIDOR
IMPROVEMENT BETWEEN THIRD AVENUE AND FOURTH
AVENUE FOR FISCAL YEAR 2014-15 AND APPROPRIATING
FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015
E. RESOLUTION NO. 2014-114 OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AMENDING THE
COMPENSATION SCHEDULE AND CLASSIFICATION PLAN
TO REFLECT THE ADDITION OF VARIOUS POSITION TITLES
AND CHANGES IN SALARY AS REFLECTED IN THE FISCAL
YEAR 2014-15 OPERATING BUDGET
F. RESOLUTION NO. 2014-003 OF THE HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE
OPERATING BUDGET FOR THE HOUSING AUTHORITY FOR
FISCAL YEAR 2014-15 AND APPROPRIATING FUNDS FOR
THE FISCAL YEAR ENDING JUNE 30, 2015
G. RESOLUTION NO. 2014-007 OF THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA ADOPTING THE OPERATING BUDGETS
FOR THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY FOR FISCAL YEAR 2014-15 AND APPROPRIATING
FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015
H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD FINANCE MANAGER AND PLANNING
MANAGER AND ELIMINATE THE POSITION TITLES OF
ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY
SERVICES, FISCAL OPERATIONS MANAGER, AND
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City Council Agenda June 17,2014
ADVANCED PLANNING MANAGER (FIRST READING) (4/5
VOTE REQUIRED)
Department: Finance Department
Staff Recommendation: Council/Agency/Authority conduct the public hearing and adopt
the resolutions, and Council place the ordinance on first
reading.
7.5 14-0386 CONSIDERATION OF WAIVING IRREGULARITIES IN THE
BID RECEIVED FOR THE "PAVEMENT MINOR
REHABILITATION FISCAL YEAR 2013/2014 (RUBBERIZED
PAVEMENT GRANT PROGRAM - CHIP SEAL) (STL397)"
PROJECT PER CITY CHARTER SECTION 1009
Staff Recommendation: Council open the public hearing and continue the item to July 8,
2014.
ACTION ITEMS
The Item(s) listed in this section of the agenda will be considered individually
by the Council and are expected to elicit discussion and deliberation. If you
wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
8. 14-0308 CONSIDERATION OF ENTERING INTO A LAND OFFER
AGREEMENT FOR UNIVERSITY/REGIONAL TECHNOLOGY
PARK DEVELOPMENT
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER INTO A
RESTATED AND AMENDED LAND OFFER AGREEMENT
BETWEEN THE CITY OF CHULA VISTA AND SSBT LCRE V,
LLC; FOR CONVEYANCE OF 128.6 ACRES TO THE CITY
FOR UNIVERSITY/REGIONAL TECHNOLOGY PARK
DEVELOPMENT
Department: Development Services Department
Staff Recommendation: Council adopt the resolution.
CITY MANAGER'S REPORTS
MAYOR'S REPORTS
COUNCILMEMBERS' COMMENTS
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City Council Agenda June 17,2014
ADJOURNMENT
to the Regular City Council Meeting on July 8, 2014, at 2:00 p.m., in the
Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are available
for public review at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during
normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access, attend,
and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619)
691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least
forty-eight hours in advance of the meeting.
Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are
published online.
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City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0377, Item#: A.
OATHS OF OFFICE
Crystal Alonso and Melissa Baldwin, Cultural Arts Commission
City of Chula Vista Page 1 of 1 Printed on 6/18/2014
2014-06-17 Agenda Packet Page 8
City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0359, Item#: B.
PRESENTATION OF A PROCLAMATION TO CITY MANAGER JAMES SANDOVAL IN
RECOGNITION OF HIS RETIREMENT AFTER SERVING 15 YEARS WITH THE CITY OF CHULA
VISTA
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2014-06-17 Agenda Packet Page 9
City of Chula Vista OF
CHU�LAVISTA Staff Report
File#: 14-0381, Item#: 1.
APPROVAL OF MINUTES of May 20, 2014.
RECOMMENDED ACTION
Council approve the minutes.
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2014-06-17 Agenda Packet Page 10
City of Chula Vista
Meeting Minutes - Draft
Tuesday, May 20,2014 2:00 PM Council Chambers
276 4th Avenue, Building A
Chula Vista, CA 91910
SPECIAL MEETINGS OF THE SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY AND THE HOUSING AUTHORITY MEETING JOINTLY WITH THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
Special Meetings of the Successor Agency to the Redevelopment Agency and the Housing Authority
meeting jointly with the City Council of the City of Chula Vista were called to order at 2:03 p.m. in the
Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
Present: Deputy Mayor Aguilar, Councilmember Bensoussan, Councilmember Ramirez,
Councilmember Salas and Mayor Cox
Deputy Mayor Aguilar arrived at 2:05 p.m. Councilmember Ramirez arrived at 2:09 p.m. Deputy Mayor
Aguilar left at 6:45 p.m.
Also Present: City Manager Sandoval, City Attorney Googins, City Clerk Norris, and Assistant City Clerk
Bigelow
Mayor Cox announced, pursuant to AB 23, that she and each Councilmember would receive $50 for
their attendance at this Housing Authority meeting, being held simultaneously with the City Council
meeting.
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
Principal Civil Engineer Rivera led the Pledge of Allegiance.
SPECIAL ORDERS OF THE DAY
A. 14-0302 PRESENTATION BY MARKETING AND COMMUNICATIONS
MANAGER ANNE STEINBERGER ANNOUNCING THE LEAGUE OF
AMERICAN BICYCLISTS' DESIGNATION OF CHULA VISTA AS A
BICYCLE FRIENDLY COMMUNITY, BRONZE LEVEL
Principal Civil Engineer Rivera and Conservation Intern Ayala announced that the National League of
American Bicyclists designated Chula Vista as a bronze-level Bicycle Friendly Community and provided
information regarding the designation.
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City Council Meeting Minutes -Draft May 20,2014
CONSENT CALENDAR (Items 1 - 7)
Items 3 and 6 were removed from the Consent Calendar by Mayor Cox and Councilmember Sa/as,
respectively.
1. 14-0303 WRITTEN COMMUNICATIONS
Letter of resignation from Sandra Villegas-Zuniga, Civil Service
Commission, effective December 1, 2014.
Recommended Action: Council accept the resignation effective December 1,
2014.
2. 14-0211 RESOLUTION NO. 2014-074 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE 2014 GMOC ANNUAL REPORT,
AND DIRECTING THE CITY MANAGER TO UNDERTAKE ACTIONS
NECESSARY TO IMPLEMENT REPORT RECOMMENDATIONS AS
PRESENTED IN THE STAFF RESPONSES AND PROPOSED
IMPLEMENTING ACTIONS SUMMARY
Recommended Action: Council adopt the resolution.
Item 3 was removed from the Consent Calendar.
4. 14-0249 RESOLUTION NO. 2014-075 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR SERVICES TO WINBOURNE CONSULTING, LLC TO PROVIDE
PROJECT MANAGEMENT SERVICES
Recommended Action: Council adopt the resolution.
5. 14-0241 RESOLUTION NO. 2014-076 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING CERTAIN ADDITIONAL SERVICES IN
ACCORDANCE WITH ARTICLE I OF THE EXISTING AGREEMENT
DATED NOVEMBER 9, 2010, APPROVED IN ACCORDANCE WITH
COUNCIL RESOLUTION NO. 2010-263, BETWEEN THE CITY OF
CHULA VISTA AND RICK ENGINEERING COMPANY IN THE AMOUNT
OF $121,000 FOR PREPARING AND PERMITTING THE
ENVIRONMENTAL MITIGATION FOR BONITA CANYON EMERGENCY
REPAIR PROJECT (DR189) (This item was continued from the May 13,
2014 meeting.)
Recommended Action: Council adopt the resolution.
Item 6 was removed from the Consent Calendar.
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City Council Meeting Minutes -Draft May 20,2014
7. 14-0278 QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING
MARCH 31, 2014 AND CONSIDERATION OF AMENDMENTS TO THE
FISCAL YEAR 2013/2014 BUDGET
A. RESOLUTION NO. 2014-078 OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE
FISCAL YEAR 2013/2014 BUDGET TO ADJUST FOR VARIANCES
AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED)
B. RESOLUTION NO. 2014-005 OF THE SUCCESSOR AGENCY TO
THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
AMENDING THE REDEVELOPMENT OBLIGATION RETIREMENT
FUND BY TRANSFERRING $45,660 FROM THE PERSONNEL
SERVICES CATEGORY TO THE OTHER EXPENSES CATEGORY (4/5
VOTE REQUIRED)
Recommended Action: Council/Agency accept the report. Council adopt
resolution A and Agency adopt resolution B.
Approval of the Consent Calendar
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan, to
approve staff's recommendations on the above Consent Calendar items,
headings read,text waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
ITEMS REMOVED FROM THE CONSENT CALENDAR
Item 6 was taken out of order. Item 3 was heard following Item 6.
6. 14-0225 RESOLUTION NO. 2014-077 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA APPROVING THE PERFORMING AND VISUAL
ARTS GRANT TASK FORCE'S SELECTION OF THE FISCAL YEAR
2014 PERFORMING AND VISUAL ARTS GRANTS RECIPIENTS AND
MONETARY GRANTAWARDS TOTALING $71,037
Councilmember Salas stated she would be abstaining from voting on Item 6 due to a potential
property-related conflict of interest.
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Bensoussan,
that Resolution No. 2014-077 be adopted, heading read, text waived. The motion
carried by the following vote:
Yes: 4- Aguilar, Bensoussan, Ramirez and Cox
No: 0
Abstain: 1 - Salas
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City Council Meeting Minutes -Draft May 20,2014
3. 14-0274 RESOLUTION NO. 2014-001 OF THE CHULA VISTA HOUSING
AUTHORITY OF THE CITY OF CHULA VISTA AUTHORIZING THE
ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS IN ONE
OR MORE SERIES IN A CUMULATIVE AND AGGREGATE PRINCIPAL
AMOUNT NOT TO EXCEED $8 MILLION FOR THE PURPOSE OF
FINANCING THE ACQUISITION AND REHABILITATION OF THE KIKU
GARDENS (GARDEN VILLAS) HOUSING PROJECT; APPROVING
AND AUTHORIZING THE EXECUTION AND DELIVERY OF ANY AND
ALL DOCUMENTS NECESSARY TO ISSUE THE BONDS, COMPLETE
THE TRANSACTION AND IMPLEMENT THIS RESOLUTION, AND
RATIFYING AND APPROVING ANY ACTION HERETOFORE TAKEN IN
CONNECTION WITH THE BONDS
Housing Manager Hines provided information on the item.
Collin Rice, representing C&C Development, applicant, provided information regarding the temporary
housing plan for existing residents during the housing rehabilitation project.
ACTION: A motion was made by Mayor Cox, seconded by Councilmember Salas, that
Housing Authority Resolution No. 2014-001 be adopted, heading read, text
waived. The motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
PUBLIC COMMENTS
John Hess, representing the International Association of Fire Fighters (IAFF), spoke in support of the
Council authorizing the purchase a fire engine and other fire equipment.
PUBLIC HEARINGS
8. 14-0266 CONSIDERATION OF ACCEPTING THE 2014 EDWARD BYRNE
MEMORIAL JUSTICE ASSISTANCE GRANT FUNDS
RESOLUTION NO. 2014-079 OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $52,296 FROM THE BUREAU OF
JUSTICE ASSISTANCE FOR THE 2014 EDWARD BYRNE MEMORIAL
JUSTICE ASSISTANCE GRANT
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 Cox opened the public hearing. There being no members of the public who wished to speak,
Mayor Cox closed the public hearing.
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ACTION: A motion was made by Deputy Mayor Aguilar, seconded by Councilmember
Salas, that Resolution No. 2014-079 be adopted, heading read, text waived. The
motion carried by the following vote:
Yes: 5- Aguilar, Bensoussan, Ramirez, Salas and Cox
No: 0
Abstain: 0
9. 14-0316 CONSIDERATION OF ADOPTION OF ORDINANCES AMENDING
TITLE 19 (REGULATING PLANNING AND ZONING) AND CHAPTER
9.13 (REGULATING LICENSING AND OPERATIONAL STANDARDS)
OF THE CHULA VISTA MUNICIPAL CODE CONCERNING SEXUALLY
ORIENTED BUSINESSES
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 Cox opened the public hearing and continued the matter to the City Council meeting of June 10,
2014.
ACTION ITEMS
10. 14-0306 PRESENTATION OF THE CITY MANAGER'S PROPOSED BUDGET
FOR FISCAL YEAR 2014-15
Director of Finance Kachadoorian gave a presentation on the fiscal year 2014-15 proposed budget,
including summaries of all funds and the general fund, and proposed expenditures for the one-time
funds in the Telephone User's Tax(TUT) Common Fund.
Assistant City Manager Halbert provided information on fiber communications infrastructure.
Marketing and Communications Manager Steinberger provided information on public outreach and
marketing.
Councilmember Ramirez and Deputy Mayor Aguilar spoke in support of focusing on increasing Chula
Vista's sales tax revenue.
Director of Finance Kachadoorian presented the City's five-year financial forecast.
Councilmember Salas spoke in support of the Council acting together to analyze and support or oppose
state legislation.
Public Works Director Hopkins presented the Capital Improvement Program (CIP)summary.
City Attorney Googins provided information about the timing and actions required to adopt the budget.
CITY MANAGER'S REPORTS
City Manager Sandoval thanked the Fire personnel who served in the recent fires. He spoke regarding
the proactive measures taken to mitigate potential fires in Chula Vista.
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MAYOR'S REPORTS
Mayor Cox announced that the City's employee unions would have time-certain presentations regarding
the budget beginning at 4:00 p.m. at the Council Meeting of May 27, 2014, and that the City Manager's
presentation would follow.
Mayor Cox recognized those who served in the armed forces, in honor of Memorial Day.
COUNCILMEMBERS' COMMENTS
Councilmember Ramirez thanked the City Manager for the proactive reaction to the recent fires and
expressed support for additional communication with the community. He spoke in support of
investigating the possibility of installing a walking trail around the San Diego Country Club.
Councilmember Salas thanked the public safety crews and volunteers for their work during the recent
fires. She spoke regarding the Water Task Subcommittee's planning of a meeting in June 2014 on the
topic of drought and the impacts on public safety.
Deputy Mayor Aguilar expressed gratitude to Firefighters and emergency personnel for their response to
the recent fires and spoke in support of more proactive communication with members of the public. She
spoke in support of Councilmember Ramirez's suggestion for a walking trail around the San Diego
Country Club and expressed concern regarding the potential expense. Deputy Mayor Aguilar reported
on her attendance at a recent meeting of the South Bay Historical Society.
Mayor Cox announced that the Council would convene in closed session to discuss Item 13 listed below.
She stated Item 11 would be continued and Item 12 would not be heard at that time.
Mayor Cox recessed the meeting at 4:55 p.m. The Council reconvened in Closed Session at 5:00 p.m.,
with all members present. Deputy Mayor Aguilar left at 6:45 p.m.
CLOSED SESSION
Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and
records of action taken during Closed Sessions are maintained by the City Attorney.
11. 14-0313 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9
(a)
City of Chula Vista v. Bay & E, Inc., et al., San Diego Superior Court,
Case No. 37-2013-00055103-CU-MC-CTL.
Item 11 was not discussed.
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City Council Meeting Minutes -Draft May 20,2014
12. 14-0315 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Government Code Section
54956.9 (b)
One Case:
There is an ongoing disagreement that between the "Participating
Agencies" (including the City of Chula Vista), on the one hand, and the
City of San Diego and Padre Dam Municipal Water District, on the other
hand, over responsibility for reimbursing Padre Dam for its overpayment
of wastewater fees dating back to 1998 under the terms of the Master
Wastewater Disposal Agreement between the parties.
Item 12 was not discussed.
13. 14-0317 PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT
CODE SECTION 54957(b)
Title: City Manager
ACTION: No reportable action.
ADJOURNMENT
At 7:05 p.m., Mayor Cox adjourned the meeting to the Regular City Council Meeting on May 27, 2014, at
2:00 p.m., in Council Chambers.
Kerry K. Bigelow, Assistant City Clerk
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City of Chula Vista
CTY CHUILAVISTA Staff Report
File#: 14-0321, Item#: 2.
RESOLUTION NO. 2014-104 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE DESIGN/BUILD AGREEMENT WITH BALFOUR BEATTY CONSTRUCTION
FOR THE DESIGN AND CONSTRUCTION OF IMPROVEMENTS AT THE ANIMAL CARE
FACILITY AND AMENDING THE GENERAL FUND TO REFLECT AN APPROPRIATION OF
$34,186 TO CIP GG221 (4/5 VOTE REQUIRED)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
The current capacity of the Chula Vista Animal Care Facility (ACF) is 80 to 100 cats and kittens.
From March through November, the typical intake of cats and kittens can exceed 3,600 felines.
Expanding the ACF will diminish overcrowding of the kitten population and improve housing
conditions for housing rabbits. Expanding the Cattery beyond the June 2012 project will promote a
healthy cat, kitten and rabbit population, improving their adoption rates.
ENVIRONMENTAL REVIEW
The Director of Development Services has reviewed the proposed project for compliance with the
California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class
3 categorical exemption pursuant to Section 15303 [New Construction or Conversion of Small
Structures] of the State CEQA Guidelines because the proposed project consists of the construction
of small facilities totaling less than 2,500 square feet to be added to an existing animal care facility
located in an urbanized area. Thus, no further environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
The Kitten/Rabbit addition is the second phase of the Cattery Expansion, the first phase was
constructed in 2012. Further expanding the size of the existing Cattery with a completely new stand
alone building will assist in accommodating the high seasonal number of adoptable cats, kittens and
rabbits. This new facility will help to reduce the amount of health problems among the growing
number of animals. Stress has been identified as a prime factor contributing to high feline respiratory
infection rates in animal shelters.
The Kitten/Rabbit room addition will improve animals' quality of life in several ways:
• Limit rabbit exposure to mosquitoes which carry myxomatosis, a disease which is fatal to
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rabbits;
• Decrease crowding among kittens, thereby reducing respiratory cases and minimizing
euthanasia.
• Increase the number of kittens housed in a cage-free environment; and
• Allow kittens to acquire social skills by living a community environment easily accessible by
potential adopters.
The City released a Request for Proposals (RFP) in May 2013 for design-build services to address
expanding the Animal Care Facility as described. Three firms from the City's approved design build
list were sent RFPs but staff only received one (1) proposal for the project. Balfour Beatty met all the
qualifications as outlined in the RFP and is willing to negotiate with staff for the second phase design
and construction and any future phases of work as funds become available.
As part of the Statement of Qualification (SOQ) proposal, the Design Builder (D/B) submitted an
estimated cost for all three (3) components of the Project and an estimate of capital required to finish
the project per phase should further donations and grants be obtained. The D/B also acknowledges
that this phase, the Kitten & Rabbit Enclosure, is a stand alone project and that there may not be any
additional phases of work.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action. 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.
LINK TO STRATEGIC GOALS
This item supports the Healthy Community Strategic Goal by diminishing the overcrowding of kittens
at the Animal Care Facility which in turn will help to limit the spread of feline respiratory diseases
throughout our community.
CURRENT YEAR FISCAL IMPACT
Funds are currently available in GG221 to complete the work as proposed by the design build
contractor Balfour-Beatty. These funds consist of a $161 ,000 donation from Roy and Marian
Holleman Foundation resulting in no net impact to the General Fund. Approval of the resolution will
also result in the allocation of $34,186 in additional funds for this project. These costs will be offset
by savings in the Non-Departmental budget. $4,186 will be transferred from the closure of the ACF
Cattery Project (CIP GG221) and $30,000 will be transferred from unanticipated savings in insurance
costs. Staff costs for this project shall be in-kind services of approximately $5,000.
ONGOING FISCAL IMPACT
After project completion, minor on-going annual maintenance will be required.
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ATTACHMENTS
Design Build Agreement
RFP
Disclosure Statement
Schedule of Values
Budget Detail
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2014-06-17 Agenda Packet Page 20
DESIGN BUILD AGREEMENT FOR
IMPROVEMENTS AT THE CHULA VISTA ANIMAL CARE FACILITY
THIS Agreement shall be for the design and construction of improvements and the payment of permitted costs
therefore("Agreement"). This Agreement is made and entered into this ,by and between THE CITY
OF CHULA VISTA,a municipal corporation("City"),and BALFOUR/BEATTY CONSTRUCTION LLC,a
Delaware Limited Liability Company ("Design Builder or DB"). City and DB,when referenced herein,may be
referred to individually as"Party"and collectively as"Parties." This Agreement is entered into with reference to the
following facts:
RECITALS
1. The current capacity of the Chula Vista Animal Care Facility(ACF)is 80 to 100 cats and kittens. From March
through November,the typical intake of cats and kittens can exceed 3,600. Expanding the ACF will diminish
overcrowding of the kitten population and improve housing conditions for rabbits.
2. The Kitten/Rabbit addition is the second phase of the Cattery Expansion conducted in 2012.
The addition allows kittens to acquire social skills by living in a community environment easily accessible to
potential adopters.
3. The Kitten/Rabbit room addition will improve animals'quality of life in several ways.By limiting rabbit
exposure to mosquitoes,which carry myxomatosis,a disease which is fatal to rabbits,and decreasing crowding
among kittens, thereby reducing respiratory cases and minimizing euthanasia.
4. As part of that effort, on May 7,2013,the Department of Public Works,Engineering Division, issued a
Request for Proposal(RFP),pursuant to §2.57 of the City's Municipal Code,to address expanding the Animal
Care Facility and construct replacement structures("Project")to qualified Design-Buildfirms off the Priority
List.
5. The following companies were sent requests for proposals:Balfour/Beatty,HTA Engineering,and 3D
Enterprises. Only one(1)qualified company responded to the RFP.
6. Following an interview,the Design Builder(D/13)Balfour/Beatty,was selected as the respondent who best
met the design,monetary and time criteria of the project with whom City could negotiate an agreement.
7. As part of DB's proposal,DB submitted a"Not to exceed Gross Maximum Price"for Phase I of the Project in
the amount of one hundred ninety five thousand one hundred eighty six and no cents.($195,186.00)
("Estimated Cost"/"EC").
8. Following City's approval of 90%Construction Documents("CD"),DB shall submit a guaranteed maximum
price("GMP")for Phase I,not to exceed the Gross Maximum Price plus City Contingency,for which the
Phase I shall be designed and constructed. Staff shall return to Council for approval when additional funds
have been received and the GMT is established.
9. DB shall complete the Project,as a public improvement,according to plans and specifications approved by
City, for an amount not to exceed the GMP.
NOW THEREFORE,in consideration of the recitals,mutual obligations of the Parties,the covenants and conditions
herein,and for other good and valuable,the sufficiency of which is hereby acknowledge,the Parties agree as
follows:
2014-06-17 Agenda Packet Page 21
ARTICLE I. DEFINITIONS
ADA: The Americans with Disabilities Act of 1994 and any amendments thereto.
Acceptance: Final approval by the City Inspection Team following the Final Inspection that Project Improvements
are complete and work required on the Punch List has been finished.
As-Builts: Project Record Documents that are the Contract plans modified from the original concept of the
design to reflect the actual product built.
CEQA: California Environmental Quality Act.
Calendar Day(s): All days of the week,holidays and weekends included.
Change Order. A written order,approved by City, authorizing a change in the work to be performed.
City: The City of Chula Vista.Unless specifically provided otherwise,whenever this Agreement requires an action
or approval by City,that action or approval shall be performed by the City representative designated by the
Agreement.
City Council: The City Council of the City of Chula Vista.
City's Project Administration Costs: Charges that City incurs to:(i)administer the acquisition of the Property,
(ii)review and approve the plans and specifications for the project improvements,and(iii)inspect the project
improvements during construction,until completion and Acceptance of the Project.
Contract Documents: Including,but not limited to: Contract Addenda,Notice Inviting Bids,Instructions to
Bidders,Bid(including documentation accompanying Bid and any post-bid documentation submitted prior to
Notice of Award),the Bonds,the general conditions,permits from other agencies,the Special Provisions,the Plans,
Standard Plans, Standard Specifications,Reference Specifications,and all modifications issued after the execution
of this Agreement.
Contract Time: The number of Calendar Days permitted under this Agreement for D/B to achieve Substantial
Completion.
Defective Work: All work,material,or equipment that is unsatisfactory,faulty,incomplete,or does not conform to
the Contract documents is defective.
Design Build Team(D/BT): Those individuals designated as being a part of the Design Build Team.
Estimated Cost: The total cost of the Project as estimated in preliminary cost estimates as shown in Exhibit A
Extra Work. Any City additions,modifications,or deletions to work or D/B obligations under this Agreement not
within the original Scope of Work contemplated by this Agreement.
Final Completion: The point at which the last of the following has occurred:(1)recordation of a Notice of
Completion for the Project;(2)acceptance of the Project by the City;(3)submission of all documents required to be
supplied by D/B to City under this Agreement,including but not limited to As-Built Drawings, warranties,and
operating manuals; and(4)and delivery to City of a Certificate of Completion duly verified by D/B.
Greenbook: The most recent edition of the Standard Specifications for Public Works Construction(including any
City of Chula Vista standard special provisions).
Guaranteed Maximum Price("GMP"): The maximum compensation to which D/B may be entitled for the
performance of all Services,Work, and obligations and the satisfaction of all conditions under this Agreement,
which amount shall include all authorized costs for labor,equipment, and material to design and build a fully
functional Project in accordance with all applicable rules,regulations,and laws.
Hard Construction Costs: Direct construction costs incurred in performing the work,including taxes, delivery and
installation. Hard Construction costs shall not include D/B markup,handling fees, overhead,or other charges,
except as otherwise set forth in this Agreement.
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Hazardous Materials: Hazardous waste or hazardous substance as defined in any federal,state,or local statute,
ordinance,rule,or regulation applicable to the Property, including,without limitation the Comprehensive
Environmental Response, Compensation,and Liability Act of 1980,as amended(Title 42 United States Code
sections 9601-9675),the Resource Conservation and Recovery Act(Title 42 United States Code sections 6901-
6992k),the Carpenter Presley-Tanner Hazardous Substance Account Act(Health and Safety Code sections 25300-
25395.15),and the Hazardous Waste Control Law(Health and Safety Code sections 25100-25250.25). "Hazardous
Materials"shall also include asbestos or asbestos containing materials,radon gas,and petroleum or petroleum
fractions,whether or not defined as hazardous waste or hazardous substance in any such statute,ordinance,rule,or
regulation.
Holiday: The City-observed holidays.
Law: All Federal, State,or local laws,regulations,ordinances, and/or policies.
Milestones: Dates shown on the Project Schedule by which DB shall complete major tasks either during design or
construction of the Project.
NEPA: National Environmental Policy Act.
Notice to Proceed: City's written notice authorizing DB to commence Work and/or Services on the Project.
Notice of Termination: A written notice from City to DB terminating the Agreement in accordance with Article
XXVII.
Project Site: The property located at Fourth Avenue and Beyer Way and further described in Exhibit B,attached.
Reimbursable Costs: NIA
Services: Professional services,including design and construction management of the Project that are required to
design and construct the Project in accordance with the Contract Documents. Services does not include Work.
Substantial Completion: That stage in the progress of the construction when all Work on the Project is sufficiently
complete in accordance with the.Construction Documents,so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods,services and systems to be provided under the terms and conditions of
the Construction Documents are in place,have been initially tested,and are operationally functional, subject only to
final testing,balancing and adjustments and normal Final Completion punch list work.
Title 24: California Building Standards Code,California Code of Regulations,Title 24.
Work: All labor,materials,supplies,and equipment that are necessary to construct the Project in accordance with
the Contract Documents.Work does not include Services.
Working Day(s): Monday through Friday, excluding City holidays.
ARTICLE II. SCOPE OF THE AGREEMENT
2.1 General. Except as expressly provided in this Agreement,DB shall design and construct the Project in
accordance with all the terms and conditions of this Agreement,approved Plans and Specifications,and the
timeframes established by the Project Schedule,attached as Exhibit B delivering a complete and functional Project
within the Contract Time for an amount not to exceed the GMP.
ARTICLE III. TERM
3.1 Term of Agreement. This Agreement shall be effective on the date it is executed by the last Party to sign the
Agreement following City Council approval by Resolution. The term of this Agreement will extend from the
date of execution until satisfaction of all terms and conditions herein,unless this Agreement is earlier
terminated.
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ARTICLE IV. GENERAL PROJECT PERFORMANCE OBLIGATIONS
4.1 Standard of Care. Throughout the performance this Agreement,performed under this Agreement,D/B agrees
that all Services and Work provided as part of this Agreement shall be performed in accordance with the
standards customarily adhered to by experienced and competent professional architectural,engineering,
landscape architecture,and construction firms using the degree of care and skill ordinarily exercised by
reputable professionals practicing in the same field of service in the State of California.
4.2 Compliance with all Laws. In the performance of this Agreement,D/B shall comply with all laws,including
but not limited to:
4.2.1 All City,County,State,and Federal laws,codes.and regulations,ordinances,and policies,including,
but not limited to,the following:
4.2.1.1 Environmental Regulations(i.e.CEQA/NEPA).
4.2.1.2 The Americans with Disabilities Act("ADA")and Title 24 of the California Building Code.It
is the sole responsibility of D/B to comply with all ADA and Title 24 regulations.
4.2.1.3 The California Fair Employment and Housing Act and all other State,Federal and local laws
including,but not limited to,those prohibiting discrimination on account of race,color,
national origin,religion,age,sex or handicap.
4.2.1.4 The Clean Air Act of 1970,the Clean Water Act(33 USC 1368)-Executive Order 11738,and
the Stormwater Management and Discharge Control-Ordinance No. 0-17988.
4.2.1.5 D/B shall comply with the Essential Services Building.Seismic Safety Act, SB 239& 132.
4.2.1.6 D/B shall comply immediately with all directives issued by City or its authorized
representatives under authority of any laws, statutes,ordinances,rules,or regulations.
4.2.1.7 D/B shall obtain and comply with all permits necessary to complete the Project,including,
but not limited to Development Services Department permits and hazardous material permits.2.1.9
D/B shall comply with all zoning, environmental,building, fire and safety codes and coverage,density
and density ratios and lien laws.
4.2.2 Implied Knowledge of Laws. D/B shall be responsible for all amendments or updates to standards and
of all amendments or updates to standards,whether local,state,or federal,and such knowledge will be
imputed to D/B to the extent allowed by law.
4.3 Design and Construction Standards. In the performance of the Services and Work covered by this
Agreement,D/B shall comply the most current versions of design and construction specifications,all of which
shall be incorporated herein by this reference,
4.3.1 Standard Specifications.
4.3.1.1 Greenbook. The 2009 Edition of the Standard Specifications for Public Works Construction.
4.3.1.2 California Department of Transportation Manual of Traffic Controls for Construction and
Maintenance Work Zones.
4.3.2 City Specifications.
4.3.2.1 The 2009 Edition of the Chula Vista Standard Special Provisions.
4.3.2.2 The 2012 Edition of the Regional Standards.
4.3.2.3 The 2006 Edition of the Chula Vista Construction Standards,
4.3.2.4 The City's facility program,performance and design criteria,concept drawings,and reports.
4.3.3 Energy Conservation Standards.
4.3.4 Materials Standards. D/B shall use industrial grade,not residential grade,equipment and accessories
for all facets of design and construction.
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2014-06-17 Agenda Packet Page 24
4.4 Obtain City Approval. For any and all actions under this Agreement that require City approval,including,
but not limited to,changes or additions to Agreement,D/B shall obtain approval in writing from the designated
City Representative,or when required by Law,from the City Council. D/B acknowledges that approval from
any individual other than the designated City Representative or City.Council,where required, shall not be
valid.
4.4.1 Failure to Obtain Approval. Any costs or delays resulting from or associated with additions or
modifications implemented without the written authorization of the City Representative shall be borne
exclusively by D/B and not be grounds for an increase in GMP or Contract Time.
4.4.1.1 Emergency. In the event of an emergency,D/B shall take all reasonable actions necessary to
protect public health,safety or property. Such action shall not require advance City approval;
however,D/B shall notify the City immediately of the emergency and as soon as reasonably
possible provide a written statement to the City explaining the emergency and the reasonable
actions taken. Provided the emergency was not caused by or its creation contributed to by the
D/B, its employees,agents, or subcontractors,D/B may be entitled to reasonable compensation
for such actions.
4.4.2 No Release Froni Obligations. City approval shall be a general approval only,and such approval shall
in no way release or relieve D/B of responsibility for complying with all applicable laws,codes,and
good consulting,design,or construction practices.
4.5 Decision Makina. D/B shall make decisions with reasonable promptness to avoid delay in the orderly
progress ofDB's obligations under this Agreement and pursuant to the Project Schedule,attached as Exhibit
«B„
4.6 Perform Services and Work in Phases. The Services and Work under this Agreement shall be performed
three(3)"Phases"in the manner and order described herein.
ARTICLE V. PHASE I—DESIGN DEVELOPMENT
5.1 Design Team. City has awarded this Agreement based on the specific qualifications of D/B to perform the
design services required under this Agreement. Design drawings from Phase I Cattery project which included
the Kitten/Rabbit enclosure have been provided.
5.2 Serw!.R@-�-- in Phase 1,DAB shall per-fema Sef-Aces including,btit not limited te,the follewingi
5.2.2.1 Site 121alls. Site Plam with PeAinelit netes and dii:aensiens indjGatiRg pr-epefty ;
trash,fffe laRe and tFdek aeeess,adjaeeiit buildings,building ett4line;basketball eew4s,ffmiti-
use speAs field,softball field,i eal'play sheltefs,jaiidseape afld site
e-1
5.2.2.3 Reef Pians. Reef plaiis ineluding detailed notes,difnensions,1+ieehaiiieaj equipmeH4 locations,
define matefia,4 for-meehaftiGal s skyli&s a4id fe4aeeess,
5.2.2.4 Building SGG:�Ofls. Building se;Gtiolis,whieh sh@41 ine!,jde v@i4-iea4 dimensions,floof assembi),
elefflents; existing wid iiew line ef grade;jJJdjGat@ Of floorF,'Alit4 leader-lines.,and veFtical
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2014-06-17 Agenda Packet Page 25
5.2.2.6 Wall Seetions. Alai! seetiens i,4e!1jdiBg all Wall Wtk)11S,diMORSi6RS,h0liZental elefaelit
. .
finishesi and wall and r-eefassembjyj
5.2.3 Code Ge"Thanee. eAl eede ComplianEe,ineleding building type,eeeupai+c_y
5-2.4 &bmittals. Pfiff t@ PF6000difjgwith Phase 4,DAB shall prepafe and submit the fellewing to the Gity
for-r .,d r ritteli 7
......... «., r.,, ,�'pprvrixr.
5.2-4-1.1 Conditional APPFOval. in the event that City gFants eenditienal approval,DIB shall
--.».....b„developed••-sa-auvmrttiod.
5.2,44.2 Pela5VGests. Any delay of additional eests resiihing fFeffi the Y-e submitta!shall b-e
5.2.4.2 Other-Delivembles. 3D fendered images,eelor mid inater-ial boards,fefleeted eeding p1aas,
aiid a .l ste or eqaipmenj plans.
ARTICLE VI. PHASE II
6.1 Phase H Services. In Phase II of the Project,DB's shall perform Services including, but are not limited to,
the following:
6.1.1 Project Development. DB shall diligently prosecute the development and refinement of Project
requirements and review such requirements with City;
6.1.2 Digital Documentation. D/B shall prepare CD's which shall include,without limitation,the following:
6.1.2.1 Architectural plans and details,including:
6.1.2.1.1 Site plan indicating general location and nature of on-site and the necessary off-site
improvements.
6.1.2.1.2 FIooT plans,including roof,showing space assignments, sizes,and location of
installed or fixed and movable equipment that affects the design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design elements and features,including
fenestration arrangements,materials,mechanical and electrical features appearing on
the walls,roofs,and adjacent areas.
6.1.2.1.4 Interior elevations to establish functional requirements, equipment,and all systems
locations.
6.1.2.1.5 Typical building sections showing primary structural members,dimensions,and
accommodation of functional systems.
6.1.2.1.6 Typical wall sections sufficient to indicate materials, openings,and major features.
6.1.2.2 Structural drawings including plans and sections of sufficient clarity and detail to show the
extent and type of structural system and dimensions,final structural design criteria,foundation
design criteria,preliminary sizing of major structural components,critical coordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details.
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6.I.2.4 r afldse^t°a d .r^r details,
�a
6.1.2.5 Electrical plans and details.
6.1.2.6 Plumbing plans and details.
6.12.7 Plans showing installation of major systems, equipment,fixed furnishings and graphics.
6.1.2.8 Technical specifications.
6.1.2.9 All other technical drawings,schedules,diagrams and specifications,to set forth in detail the
requirements for construction of the Project which,at a minimum,include:
6.1.2.9.1 Information customarily necessary for the use of those in the building trades.
6.1.2.9.2 Documents customarily necessary to obtain regulatory agency approvals.
6.I.2.9.3
6.1.2.10 Mechanical design documentation consisting of continued development and expansion of
schematic mechanical design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all equipment and capacities,
preliminary equipment layouts.
6.1.2.10.2 Required space requirements for the equipment,required chases and clearances,
acoustical and vibrations control,visual impacts and energy conservation
measures.
6.1.2.11 Electrical design documentation consisting of continued expansion of the schematic
electrical design consisting of-
6.1.2.11.1 Criteria for lighting,electrical, communications audio visual, close circuit T.V.,
lighting controls and other electrical systems typical to civic facilities,the
approximate sizes and capacities of major components transformers-panels-switch
gears;
6.1.2.11.2 Preliminary equipment layouts,required space for equipment,required chases and
clearances.
6.1.2.12 Sections through critical areas showing coordination of architectural, structural,mechanical
and electrical elements.
6.1.2.13 Final specifications, including but not limited to,the following;
6.1.2.13.1 Architectural. General description of the construction,including interior finishes,
types and locations of acoustical treatment,typical and special floor coverings and
final exterior and interior material selection.
6.1.2.13.2 Mechanical. Description of air conditioning,heating and ventilation systems and
controls,ducts,and piping system.
6.1.2,133 Electrical. Description of electrical services,including voltage;type and number
of feeders;lighting systems,including lighting levels and audiovisual; security-fire
alarms;and cable antenna television systems.
6.1.2.13.4 Genstr-uetien,:gain,p,^., imater-ials ...,.....
6.1.2.13.5
6.1.2.13.6 Site Work. General description of the construction,including finishes,types of
materials and locations.
6.1.2.13.7 Other. Such other documents to fix and describe the size,quality and character of
the entire Project,its materials,and such other elements as shall be appropriate.
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2014-06-17 Agenda Packet Page 27
6.1.2.14 Plumbing drawings,including location and quantity of fixtures,equipment sizes,room sizes
for plumbing equipment,and final specifications as appropriate.
6.1.3 Project Sequencing. DB shall determine and establish the sequence of construction, and if
appropriate,identify separate bid packages to accomplish phased construction of the Project.
6.1.4 Critical Path. DB shall prepare a detailed Critical Path Method schedule for all construction
components of the Project("Detailed Construction Schedule")utilizing Microsoft Project software,
showing all major milestones,bid dates for the major bid packages,commencement of construction,
sequence of construction,completion of structural elements,and completion of the related Animal
Care Facility Improvements,all of which shall conform with the dates of Substantial Completion and
Final Completion of Project.
6.1.5 Governmental Review. DAB shall review,as needed,the CD's with the governmental authorities
having jurisdiction over the Project.
6.1.6 Accounting System. DB shall provide a master accounting system and matrix on Microsoft Excel that
will be updated,expanded, and provided to the City monthly as the Project develops.
6.1.7 Project Management Plan. D/B shall develop and implement a Project Management Plan and
Procedures including:
6.1.7.1 Project status reports.
6.1.7.2 Coordination/interface with the City and its other consultants/contractors
6.1.7.3 Initial Design kickoff meeting to be held no later than five(5)working days from the Effective
Date of Agreement.
6.1.7.4 Biweekly Design and Construction meetings
6.1.7.5 Interface and communications with other agencies
6.1.7.6 Vendors and subcontractors management
6.1.7.7 Document control
6.1.7.8 Schedule and budget control
6.1.7.9 Quality assurance and quality control. DB shall establish and maintain a quality control
program with appropriate reviews and independent testing procedures to ensure compliance
with the Construction Documents during the construction phase.
6.1.7.10 Scheduling and cost control reports,which shall be provided monthly throughout the design
phase.
6.1.8 Construction Drawings and Specifications. DIB shall prepare construction drawings and specifications
suitable for obtaining City-approved permits and to allow construction.
6.1.9 City Approval. DB shall submit Construction Documents and obtain City approval in writing of the
Construction Documents at ° (7014),and ninety percent(90%)
completion.
6.1.9.1 Condition Precedent. City approval of the Construction Documents is a condition precedent to
authorization to proceed with subsequent work on the Project.
6.1.9.2 Notification,Modification,and Resubmittal. At 50%,70D,/e 90%Completion, City will
notify DIB in writing within the timeframes established in the Project Schedule following
receipt of Construction Drawings of City approval,or of request for modifications. If
modifications are requested,DIB shall modify and resubmit Construction Drawings for City
approval.
6.1.9.3 DB Support. DB shall provide support to a City ConstructabiIity Review Team for the
review of the Construction Documents at all stages of required submission.
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2014-06-17 Agenda Packet Page 28
6.1.10 Materials and Equipment Specifications. D/B shall prepare technical materials and equipment
specifications for pre-purchase.
6.1.11 Surveying and Testing. D/B shall coordinate, all surveying,materials testing,
and special testing for the Project at the Project site as required by this Agreement,the State Building
Code,or any other law or regulation,in accordance with and considering the following:
6.1.11.1 Greenbook 2009 Section 2-9 titled"Surveying"and City of Chula Vista's Horizontal and
Vertical Control found on the Survey Control Network Map located on the City's Internet via
the following link:
htt :I/www.chulavistaca. ov/Cit Services/Development Services/EngincerinF-,/jndex.asp
6.1.11.2 Existing Conditions. D/B shall obtain all necessary soils investigation and conduct
agronomic testing required for design of the Project.The Soils Consultant shall prepare a
statement that will be included in the Bidding Documents as to the nature of soils,ground
water conditions and any other information concerning the existing conditions of the site.
6.1.11.3 Utilities.D/B shall provide all required information for the construction or relocation of
Public or private utility facilities that must be constructed or relocated as a result of this
Project. D/B shall file all of the required documents for the approval of authorities having
jurisdiction over the Project and in obtaining the services of all utilities required by the
Proj ect.
6.1.11.4 Geotechnical Information. D/B shall obtain all necessary geotechnical information required
for the design and construction of the Project.The Project Engineering Geologist and/or
Project Soils Engineer(qualified R.C.E. or R.G.E.)shall prepare a statement that will be
included in the Bidding Documents,to address existing.geotechnical conditions of the site
that might affect construction.
6.1.11.5 Additional Surveys. D/B shall provide additional site surveys and geotmhnical investigations
to the extent that D/B determines they are necessary for final design.
6.1.11.6 No Reliance. D/B shall not rely on City survey information as it is intended to be preliminary
in nature and may not have sufficient accuracy or scope to support final design.
6.1.12 SWPPP. D/B shall prepare and incorporate into the Construction Documents a Stormwater Pollution
Prevention Plan("SWPPP")to be implemented by the D/B during Project construction. Where
applicable,the SWPPP shall comply with both the California Regional Water Quality Control Board.
Statewide General Construction Storm Water permit and National Pollution Discharge Elimination
System permit requirements and any municipal regulations adopted pursuant to the permits.
6.1.13 Alternatives. D/B shall evaluate alternative structural and construction approaches to ensure
economical designs,which optimize constructability,yet meet all codes,architectural concepts,
schematic designs,and standard specifications of the Project.
6.1.14 Permits. D/B shall obtain general building permit for Phase III and all ancillary permits and licenses,
including but not limited to,demolition permits,improvement permits and grading permits at the
Notice to Proceed to that phase of the project.
6.1.15 Updated Costs. D/B shall provide updated construction cost estimates in conjunction with the
submittals required in Section 6.1.9 to support Value Engineering("VE")and constructability reviews.
6.1.16 Final Review and Approval of Plans and Specifications. D/B shall deliver to City complete
Construction Documents,including Construction Drawings,Plans and Specifications for the design
and construction of the Project. City agrees to review the Construction Documents and provide City's
written comments to D/B within 10 Business Days of the date such Construction Documents are
delivered to City in accordance with the notice provisions in Article XXIX.Approval shall not be
unreasonably withheld. If requested by City,D/B shall make changes to the Construction Documents,
ARTICLE VII. PHASE III.—CONSTRUCTION PHASE WORK AND SERVICES
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7.1 Phase III.Work and Services. The D/B shall construct the Project in accordance with City-approved plans
and specifications prepared by the D/B to meet or exceed all requirements of the City provided program,
schematic design and the performance criteria.The D/B shall:
7.1.1 Bidding. D/B shall prepare and submit to the City for review separate bid packages,such bid packages
shall be organized in the manner that D/B determines is appropriate ensure the efficient and cost
effective construction of the Project.
7.1.1.1 Competitive Bidding. D/B shall competitively bid the respective bid packages for the
construction of the Project.
7.1.1.2 Pre-Bid Conferences. DB shalI schedule and conduct pre-bid conferences to answer questions
posed by bidders. Said answers and any other information required to provide clarification to
the Construction Documents during the bidding process shall be issued as written addenda and
provided to all prospective bidders.
7.1.1.3 Scheduling. D/B shall coordinate scheduling of bid packages,submittals.
7.1.1.4 Bid Results. D/B shall submit to the City a summary of bid results for each bid package.
7.1.1.5 Bid Protests. D/B shall hear and decide bid protests and shall develop and maintain bid protest
procedures for that purpose. City shall be timely informed of all bid protests(prior to
resolution)and the outcome of said protests.
7.1.1.6 Equal Opportunity Contracting/Nondiscrimination. D/B shall not discriminate on the basis of
race,gender,religion,national origin,ethnicity,sexual orientation,age,or disability in the
solicitation, selection,hiring or treatment of subcontractors,vendors,or suppliers.D/B shall
provide equal opportunity for subcontractors.to participate in subcontracting opportunities.
D/B understands and agrees that violation of this Subsection shall be considered a material
breach of this Agreement and may result in contract termination, debarment,or other sanctions.
The language of this Subsection shall be inserted in contracts between D/B and any
subcontractors,vendors, or suppliers.
7.1.1.7 Executing Contracts. D/B shall be responsible for entering into subcontracts,in DB's own
name,with the bidder who in DB's discretion and professional opinion best meets the
monetary,time,and performance requirement of the Project. D/B shall be responsible for
ensuring that these contracts fully comply with all applicable local,state and federal laws,
some but not all of which are listed below.
7.1.1.8 Additive Alternatives. D/B shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.2 Meetings. D/B shall conduct meetings identified below:
7.1.2.1 Preconstruction Meeting. D/B shall conduct a preconstruction meeting with its officers,agents
and employees and City.The purpose of this meeting is to discuss: (i)the Agreement
conditions,(ii)Scope of Work clarifications,and(iii)City policies,inspection requirements,
and procedures.
7.1.2.1.1 Attendance. D/B shall ensure that the preconstruction meeting is attended by DB's
construction contractor,project manager, all D/B's major subcontractors,the City's
project manager and all otherpersons necessary as determined by D/B or City.
7.1.2.2 Progress Meetings. D/B shall conduct weekly progress meetings with the City and appropriate
design and construction members,
7.1.2.3 Contractor Meetings. DB shall conduct contractor meetings,as necessary,to provide
technical input.
7.1.2.3.1 D/B shall provide interpretation of technical specifications and drawings.
7.1.2.4 Rescheduling. Progress Meetings may be rescheduled if rescheduled meeting times are
convenient for all necessary parties,and D/B has given no less than five(5)Calendar Days
prior written notice of the rescheduled meeting.
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7.1.2.5 Minutes. D/B shall take corresponding meeting minutes and distribute copies to all attendees.
7.1.2.6 Reporting. D/B shall monitor and report to the City on actual performance compared to the
Project Schedule,provide updated As-Builts,and verify that the latest changes to the Project,if
any,have been made.
7.13 Construction Management. During construction of the Project,D/B shall perform and be responsible
for construction management,supervision,and administration services,including,but not limited to,
tracking and reporting all expenses and all aspects of the construction and coordinating all construction
means,methods,techniques, sequences and procedures to ensure the efficient and orderly sequence of
the construction of the Project.
7.1.3.1 Resident Management. D/B shall provide resident management and contract administration,
including specialists necessary for the functional,safe,on-budget and on-schedule completion
of the Project,starting with the issuance of a Notice to Proceed,upon receipt of final
construction drawings, from the City and extending through issuance of Notice of Completion
and Acceptance. City staff will perform inspections to verify compliance with the plans,
specifications and contract documents. The D/B resident staff shall ensure construction
compliance with applicable local,state,and federal codes,building and environmental permit
requirements,construction mitigation documents and enforcement of the Contract Documents.
7.1.3.2 Records Management. D/B shall implement and maintain an internal records management and
document control system as required to support project operations.The D/B shall provide
records management and document control information in a manner consistent with the City's
reporting system.
7.1.3.3 Cash Flow, D/B shall develop a project-specific Plan for defining,tracking and reporting cash
flow activity requirements and submit such plan to the City for review and approval prior to
implementation.
7.1.3.4 Reporting. D/B shall keep City informed of the progress and quality of the design and
construction of the Project.
7.1.3.5 Documents On-Site. D/B shall maintain a complete and up-to-date set of Construction
Documents in the Projects field office at all times during construction that reflect all changes
and modifications.
7.1.4 Site Safety,Security, and Compliance. DAB shall be responsible for site safety,security,and
compliance with all related laws and regulations.
7.1.4.1 Persons. D/B shall be fully responsible for the safety and security of its officers,agents,and
employees, City's officers, agents,and employees,and third parties authorized by D/B to
access the Project site.
7.1.4.2 Environmental. D/B shall administer and enforce the Environmental Mitigation Monitoring
and Reporting Plan for the Project,if any. In addition,D/B shall report environmental issues to
the City in a manner consistent with the City's reporting system. D/B shall be responsible for
the environmental consequences of the Project construction and shall comply with all related
laws and regulations,including the Clean Air Act of 1970,the Clean Water Act,Executive
Order number 11738, and the Stormwater Management and Discharge Control Ordinance No
0-17988 and any and all Best Management Practice guidelines and pollution elimination
requirements as may be established by the Enforcement Official.
7.1.4.3 Risk of Loss. D/B is responsible for the Project,project site,materials,equipment,and all
other incidentals until the Project has been Accepted by the City and shall bear any costs or
expenses associated with the loss thereof or damage thereto,including by theft,fire,or other
casualties.
testing,eandtleted in the publie T-igh� of way shall be G09FdiH8*d with the City.
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2014-06-17 Agenda Packet Page 31
the pubjiG r4ght ef way and aRY asphalt Paving Bompleted by Qty's Matel:ial Testing
:7.15.2. $&_1RVeYiJJg. P�B shall pay f�qr-and eeerdina4eAith City's Pfiginee,�ifig Division all 11-1-1111-
fequired within the Publie right of wa�-
T=ellow all Laws,Rules,and Reg+tlatiens. D/B agr-r.Gs to fellow all City stwidaMs
>ineieding but net liffl4ed te,titilizing
7.1.6 Traffic Control. D/B shall address all traffic control requirements for the Project including,if
necessary,separate traffic control plans and/or notes.
7.1.7 Abatement: D/B shall develop a mutually agreed upon program to abate and minimize noise, dust,and
disruption to access for parking and services at all times for adjacent business entities and residences.
7.1.8 Inspections. D/B shall coordinate any and all required inspections,including special inspections, in
such a manner that the progress of construction is not affected or impacted. The D/B shall provide
surveying,and other contracted services as required to complete project construction inspection and
testing tasks. The City will provide inspection,special inspection,re-inspection services,and periodic
building inspections.
7.1.9 Permits. The Parties acknowledge that the construction work to be performed on the Project by D/B in
compliance with this Agreement is subject to the prior issuance of building,land development,and/or
public improvement permits paid for and obtained by D/B.In the event that City,or any other
governmental agency,unreasonably refuses to issue the permit(s)necessary to authorize the work to be
performed or if the permit(s)are unreasonably canceled or suspended,then D/B is relieved from its
obligation to construct those improvements covered by the denial of said permit(s).City shall,under
such circumstances,pay D/B the reasonable costs,not to exceed the amounts identified in this
Agreement, for all work completed up to the date of denial of said permit(s). All plans, specifications
and improvements completed to the date of the denial, suspension or cancellation of said permit(s)
shall become the property of City upon DB's receipt of payment in full as described above.
7.1.10 Maintenance. D/B shall ensure Project is maintained in a clean,neat,sanitary and safe condition free
from accumulation of waste materials or rubbish. Until Acceptance of the Project,D/B shall be
responsible for on-going site maintenance,including any erosion prevention measures. Prior to Final
Completion,D/B shall cause to be removed from and about the Project all tools,construction
equipment,machinery,surplus materials,waste materials and rubbish and deliver the site to the City in
a clean,neat, sanitary and safe condition.
7.1.10.1 Waste Removal. Please be advised that Chula Vista Municipal Code 8.24.070 provides for
an exclusive franchise for the removal and conveyance of all solid waste for hire(including
recyclables)within City limits. The exclusive franchise agreement covers any hauling activity
that requires the generator or their agent to pay a fee for any service connected with removing
or conveying waste. The City's franchise hauler is Allied(formerly Pacific)Waste Services
and may be reached at(619)421-9400.
7.1 11 Request for Information ("RFI). Parties acknowledge that the RFI process is solely for
correspondence between D/B and its agents;however,D/B shall submit copies of each RFI to City at
the within twenty-four(24)hours of receipt.D/B shall issue responses to RFIs. Unless D/B
specifically requests a City response,City will not respond to RFIs.
7.1.12 Review and Approval. D/B shall provide timely review and approve shop drawings, samples of
construction materials,product data,schedule submittals, and other submittals for compliance with the
Construction Documents. D/B shall beep the City advised of all such matters being reviewed and
approved by D/B and forward copies of such documents to City for review.
7.1.13 Royalties and Other Fees. D/B shall pay royalties and license fees,if applicable. D/B shall defend
suits or claims for infringement of patent rights and shall defend and hold City and City's agents
harmless from loss on account thereof
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7.1.14 Provide City with a Detailed Construction Schedule(DCS)on an disc(CD)within fourteen
(14)working days after receiving Notice to Proceed with Phase IV,provide updated versions of DCS
on a monthly basis,and provide immediate notice of any impact on critical path items.
ARTICLE VIII. SUBCONTRACTING
8.1 Subcontracting.
8.1.1 Design Services. D/B shall perform or obtain the prior written consent of the City to subcontract a]1
design services for the Project utilizing qualified,licensed and sufficiently experienced architects,
engineers and other professionals(herein jointly"Design Consultants")as identified in Exhibit A.D/B
shall not be permitted to substitute any Design Consultant unless authorized by City.
8.1.2 Construction Services. D/B shall perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License Board or other required agency.
ARTICLE IX. PROJECT SCHEDULE
9.1 Proiect Schedule. D/B shall perform and complete the Services and Work under this Agreement according to
the timeframes set forth in the Project Schedule,attached hereto as Exhibit"C",or a subsequently revised
Project Schedule in such a manner that the GMP or Contract Time of the Project shall not be exceeded and that
is consistent with the Standard of Care identified in Section 4.1.
9.1.1 Project Schedule. D/B has submitted,as part of its proposal,a Project Schedule based on its estimate
of the time necessary to complete the Project.
9.1.2 D,IB's Obligation. Subsequent to the effective date of this Agreement,D/B shall provide,coordinate,
revise, and maintain the Project Schedule for all phases of the Project.
9.1.2.1 During the Project initiation and design phases,the D/B shall submit an updated Project
Schedule monthly to the City for approval.
9.1.2.2 During Construction,D/B shall submit an updated Project Schedule monthly to the City and
shall include:
9.1.2.2.1 Forecast Data with the intended plan for the remainder of the contract duration.
9.1.2.2.2 Actual Data with indications of when and how much Work and/or Services was
perfonned(%complete).
9.1.2.2.3 Logic changes or other changes required to maintain the Project Schedule.
9.1.3 Detail and Format. The Project Schedule shall be substantially similar in detail and form to Exhibit C
or it shall be in the form subsequently agreed to by the Parties.
9.1.4 Submittal. Project Schedule shall be submitted to City on a computer disk in a version of Microsoft
Project or other approved program .
9.2 Project Completion.' D/B acknowledges that all work on the Project's Construction Phase I under this
Agreement will be complete and ready for its intended use by the Project Completion Date,October 2014.
9.3 Chan es in Project Schedule. Changes in Project Schedule,whether to logic,definition,or relationship must
be approved by the City in writing as a Change Order pursuant to the manner identified in Article X1H.
ARTICLE X. DELAY IN PERFORMANCE
10.1 Time of Essence. Time is of the essence for this Agreement and each provision of this Agreement,including
the Project Schedule, Start Date, and Project Completion Date contained herein,unless otherwise specified in
this Agreement. D/B shall perform all Services and Work as expeditiously as is consistent with standard of
care identified in Section 4.1.
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10.2 Notification of Delay.If the D/B anticipates or has reason to believe that the performance of Services and/or
Work under this Agreement will be delayed,the D/B shall immediately notify the City. A written notice of the
delay must be delivered to the City within five(5)Calendar Days of the initial notification,unless the City
allows an additional period of time to ascertain more accurate data in support of the request.The written notice
shall include an explanation of the cause of the delay,a reasonable estimate of the length of the delay,and all
supporting data.The D/B shall include a written statement that the time adjustment requested is the entire time
adjustment to which D/B has reason to believe it is entitled as a result of the cause of the delay.An increase in
time for completion does not necessarily mean that D/B is entitled to an increase in GMP.If in the opinion of
the City,the delay affects a material part of the Project,the City may exercise its rights under Article XXVII of
this Agreement or any other remedy available in law or equity.
10.3 Delay. If delays in the performance of Services or Work required under this Agreement are caused by
unforeseen events beyond the control of the Parties, such delay may entitle the D/B to a reasonable extension
of time or to additional compensation.Any such extension of time must be approved in writing by the City.
The following conditions may justify such a delay: war; changes in law or government regulation;labor
disputes, strikes;fires,floods,adverse weather or other similar condition of the elements necessitating
cessation of the DB's work;inability to obtain materials,equipment,or labor;required additional Professional
Services,or other specific reasons agreed to between the City and the D 113;provided,however,that:(i)this
provision shall not apply to,and the D/B shall not be entitled to an extension of time,additional costs,or
expenses for;a delay caused by the acts or omissions of the D/B,its consultants,contractors,employees,or
other agents;and(ii)a delay caused by the inability to obtain materials,equipment,or labor shall not entitle
the D/B to an extension of time unless the D/B furnishes the City,in a timely manner,documentary proof
satisfactory to City of the D/B's inability to obtain materials, equipment,or labor.
10.3.I Caused by City. If D/B reasonably believes that any action,inaction,decision or direction by City or
agent for the City will likely result in the GMP or Contract Time being exceeded or the.Project being
completed late,D/B will notify City at Project Team meeting and in writing within five(5)calendar
days of discovering such action, inaction,decision,or direction. Included in such notice will be an
estimate of the cost and time impact resulting from such action,inaction,decision or direction. D/B
shall provide complete and accurate pricing within ten(10)calendar days of said discovery.
10.4 Costs of Delay/Liquidated Damages. City and D/B recognize that time is of the essence in this Agreement
and that City will suffer financial loss if the Project is not completed by the Substantial Completion Date
identified in the Project Schedule or any extensions subsequently approved. As the e.ia.t a ffl.,.nt of f4.4......'..,
less. In doing so,th@ Fal4ies have exa4sed all of the aad factors asseoia4ed with a delay and-
havo detenniHed an amount tha4 is fair and feasonable as liquida+ed daFaages. City afld D/B agpee that DAa
shall pay as liquid4ed dainages(but not as a penalty)f8f each Galeiidar Eta),efdelay beyend the time spoeifi
unr-easefiabl e under-the ei roumsiaiiees-as defined in Cal ife rni a Civil Ce d e §167 1(b): $100fer-eEtehealendai-
liou of paying daffiages to tl3e City,the PaAies agree that Gity may ehoose to r-edidee the GMP by the afneu
the liqtiida4ed damages.
ARTICLE XI. PROJECT COSTS
11.1 Estimated Cost. The Estimated Cost of Project, according to the RFP one hundred ninety five thousand one
hundred eighty six and no cents.(S195,186.00). The City's obligation under this Agreement shall not exceed
the Estimated Cost; however,once a GMP is determined and approved,the GMP shall become the not to
exceed amount of the City's obligation. GMP is subject to change pursuant to methods established in this
Agreement.
11.1.1 Cost Schedule. The GMP has been allocated among each activity or portion of the Project("Itemized
Cost(s)"). The Itemized Costs are included in Exhibit "B",attached. The eest ir„ ed by the DvB
11.2 GMP. At 90%complete construction documents,D/B shall establish a GMP and submit such GMP to the
City for approval.
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11.2.1 Not to Exceed Amount. The GMP shall not exceed$ 195,186.00 Any costs incurred by D/B in
excess of said GMP shall be the sole responsibility of the D/B,unless a Change Order is approved by
the City pursuant to Article XIII of this Agreement.
11.2.1.1 Included Costs. In calculating the GNP,D/B shall include costs of the following:
11.2.1.1.1 All Design Consultants,including but not limited to architectural,structural,civil,
mechanical,electrical,communications,graphics and art consultants,landscape
architects, and acoustical,audio visual,lighting,and security consultants.
11.2.1.1.2 Estimating,value engineering and construction management.
11.2.1.1.3 Construction supervision and project management personnel,including but not
limited to superintendents,Project managers,Project secretaries,Project engineers,
Project accountants,and all other D/B personnel wherever located.
11.2.1.I.4 All on-site and off-site equipment,supplies and facilities,including but not limited
to,computers,estimating,dictating,communication and accounting equipment,
office space,trailers,field equipment and storage facilities.
11.2.1.1.4.1 Option to Purchase. In no case shall the cumulative monthly rental
charges to the Project for equipment and Small Tools used by the D/B
exceed 90%of the fair market value of any one piece of equipment or
Small Tools. At City's option,the full price for equipment or Small
Tools may be paid,and City may take possession upon completion of
the Work.
11.2.1.1.5 All Hard Construction Costs.
11.2.1.1.6 D/B Contingency Fund,$4,186.00 which shall not exceed 2%of Hard
Construction Costs.City controlled contingency shall be$30,000
11.2.1.1.7 Reimbursable Costs. Example:Utility fees.
11.2.1.1.8 D/B Fixed Fee for the complete design and construction of the entire Project as
specified in the 90%CD's.
11.2.1.1.9 No more than$25,184.00 for General Conditions.
11.11.1.10 All home-office and field overhead costs of any type including document control
and retention;
11.2.1.1.11 All business license costs;
11.2.1.1.12 All profit D/B intends to earn under this Agreement.
11.2.1.1.13 All direct and incidental costs incurred by DB,except for those specifically
identified under the General Conditions section.
11.2.1,1.14 NIA
11.2.1.2 Full Compensation. Unless otherwise expressly provided in this Agreement,GMP shall be
the maximum amount of compensation to due to D/B for all permitted costs of any type
incurred by D/B in performing all services and obligations under this Agreement.
11.2.2 Itemization. D/B shall provide City with an itemization of the GMT that reconciles the GMP with the
itemized costs. The itemization shall include the following:
11.2.21 D/B Fixed Fees.The fees charged by the contractor for staff,equipment,office space and
overhead during the term of the project.
11.2.2.2 Hard Construction Costs. Hard Construction Costs broken down into categories for each of
the major trades for the Project,which will include labor,material expenses,equipment costs,
and a reasonable D/B Contingency Fund.
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1 1.2.2.3 N/A
11.2.3 Alternate Bid Items. DB shall prepare,with the cooperation of the City,alternate bid items to assure
that the cost of the Project will not exceed the GMP.
11.2.4 Adjustments to GMP Based on Approved Change Orders. GMP may be changed, increased or
decreased,based on Change Orders approved pursuant to Article XIII.
11.2.5 Adjustments Based on Other Cost Increases. GMP may be increased due to: (i)acts of God,acts of any
governmental authority,the elements,war,litigation, shortages of material,labor strikes,inflation,
later commonly accepted or adopted higher standards and specifications of construction,concealed or
unknown conditions encountered in the completion of the Project,or other cause beyond DB's
control,(ii)actual bids received being greater than estimated,or(iii)other factors not the result of
unreasonable conduct by DB.The GMP may be increased by the amount of such increases;however,
if GMP as proposed to be increased shall exceed the Estimated Costs,such change to GMP shall be
subject to approval by City Council.
11.3 Duty to Advance Costs. D/B shall advance all costs for Project subject to Reimbursement in the manner
described in Article XVI.
11.4 Use of Project Contingency. Project Contingency shall not be used without prior,written City approval and
shall not be used for:(i)work required due to DB's,its officers', agents' or employees'failure to perform
Work or Services according to the terms of this Agreement,in compliance with the Construction Documents,
and/or Law; or(ii)uninsured losses resulting from the negligence of D/B,its officers,agents,or employees.
11.5 Notification of Increased Costs. If,at any time,the D/B anticipates that the amount expended on the Project
will exceed the Estimated Cost or the GMP,when established,the D/B shall immediately,not more than ten
(10)Working Days from becoming aware of the potential increase,notify the City in writing.This written
notification shall include an itemized cost estimate and a list of recommended revisions that the D/B believes
will bring the Project cost to within the Estimated Cost or GMP.Following the delivery of the Notice,D/B
shall assist the City in reviewing the itemized cost breakdown and adjusting the Scope of Work and
establishing a revised Project,the cost of which will not exceed the Estimated Cost or GMP,once establish.
11.5.1 City Action. Following consultation with the D/B,the City may choose to:(i)approve an increase in
the amount authorized for the Project; (ii)delineate a project,which may be constructed for the budget
amount; (iii)any combination of(i)and(ii);or terminate the Project subject to the termination
provisions in Article XXVII.
ARTICLE XII. PRODUCTS
12.1 Submittals. Prior to the bidding process,D/B shall submit for City approval a list of products intended for use
in the Project.Upon D/B's completion of plans and specifications,City will review and approve products
specified therein.D/B shall provide City a copy of each submittal for City approval throughout the duration of
construction within twenty(20)Calendar Days of D/B's receipt of submittal.Approval is general approval only
and in no way relieves D/B of its sole responsibilities under this Agreement or any and all laws,codes,permits
or regulations.
12.2 Substitutions. D/B shall submit all requests for product substitutions to City in writing within thirty(30)
Calendar Days after the date of award of the construction contract.After expiration of the thirty(3 0)Calendar
Days,City will allow substitution only when a product becomes unavailable due to no fault of DB's
contractor.City shall review substitution requests within thirty(30)Calendar Days of submission of such
requests.D/B agrees that City requires Consultant's input and as such D,B shall coordinate a five(5)Working
Day review by its Consultant.
12.2.1 SubstantiateRequest. D/B shall include with each substitution request complete data substantiating
that the proposed substitution conforms to requirements of the Contract Documents.
12.2.2 DIB Representations. By submitting a substitution request,D/B is representing to City all of the
following:(i)D/B has investigated.proposed product and determined that in all respect the proposed
product meets or exceeds the specified product;(ii)D/B is providing the same warranty for the
proposed product as was available for the specified product; (iii)DAB shall coordinate installation and
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2014-06-17 Agenda Packet Page 36
make any other necessary modifications which may be required for work to be complete in all respects;
and(iv)D/B shall waive any claims for additional costs related to the substituted product,unless the
specified product is not commercially available,
112.3 Separate Written Request. City will not consider either substitutions that are implied in the product
data submittal without a separate written request or substitutions that will require substantial revision
of construction contract documents.
12.3 Samples.
12.3.1 Postage. Samples shall be sent to DB's office,carriage prepaid.
12.3.2 Review. D/B shall furnish to City for review,prior to purchasing,fabricating,applying or installing,
(2)two samples(other than field samples)of each required material with the required finish.
12.3.2.1 Where applicable,all samples shall be 8"x 10"in size and shall be limited in thickness to a
minimum consistent with sample analysis.In lieu thereof,the actual full-size item shall be
submitted.
123.2.2 D/B shall assign a submittal number.D/B shaIl include with each submission a list of all
samples sent,a statement as to the usage of each sample and its location in the Project,the
name of the manufacturer,trade name,style,model,and any other necessary identifying
information.
12.3.2.3 All materials,finishes,and workmanship in the complete building shall be equal in every
respect to that of the reviewed sample.
123.2.4 City will return one submitted sample upon completion of City review.
12.3.2.5 D/B's,or DB's agent's,field samples shall be prepared at the site. Affected finish work shall
not commence until D/B or its agents have been given a written review of the field samples.
12.3.3 Not a Release of Liability. City's review of samples in no way relieves D/B of DB's responsibility for
construction of Project in full compliance with all Contract Documents.
12.4 Observe Testing. When appropriate,D/B shall witness testing and review materials and equipment testing
results and provide comments regarding conformance with specification requirements.
ARTICLE MIL CHANGE ORDERS
13.1 When Re uired. Change Orders shall be required in the following instances:
13.1.1 GMP. Any adjustment in GMP.
13.1.2 Contract Time. Any adjustment in Contract Time of Completion Date.
13.1.3 Use of Contingency Fund. At any time D/B seeks to use the Contingency Fund, irrespective of impact
on the GMP or Contract Time.
13.1.4 City Requests. The City directs D/B to perform Additional Services.
13.1.5 Other. Any other instance for which this Agreement expresses that a Change Order shall be used.
13.2 Process for Approval of Change Orders. Within five(5)Calendar Days of any event that gives rise to the
need for a Change Order,the D/B shall provide the City with written notice of the need for the same. The
Change Order must indicate whether the change will affect, in any way,by increasing or decreasing,the GMP,
Project Schedule,or project quality established during the design and submittal review process. In addition,it
shall be accompanied by a detailed and complete estimate of cost impact associated with the Change Order,
including all appropriate direct and indirect costs and credits. All such costs and credits shall be accurately
categorized into D/B Fixed Fee,Reimbursable Costs or Hard Construction Costs. D/B shall also provide City
with a realistic estimate of the impact,if any,the Change Order will have on the Contract Time.
13.2.1 Project Manager Approval. If the Change Order request does not result in an increase in the Estimated
Cost,the City's project manager shall either approve or reject the Change Order in writing within ten
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(10)Working Days of receiving DB's written notice,provided D/B has submitted complete
documentation substantiating the need for such Change Order. If City fails to respond to D.B's written
notice within the ten(10)Working Days,the Change Order request shall be deemed denied.
13.2.2 City Council Approval. For Change Orders not subject to section 12.2.1,City Council approval is
required. The City Council may either approve,reject,or approve in part such Change Orders.
Council Approval shall not be subject to the ten(10)Working Day response time provided for in
section 12.3.1.
133 Written Approval of Change Orders. D/B shall not proceed on work requested under a Change Order,
absent written approval from the appropriate authority. Any Services or Work,which require the approval of a
Change Order,perform by D/B prior to approval shall not be reimbursed.
13.4 Failure to Agree on Cost of Change Order or Time. In the event there is any disagreement or dispute
between the Parties as to whether the D/B is entitled to a Change Order,the amount of the Change Order or
any increase in Contract Time requested through the Change Order,the dispute shall be resolved by the
Director of Public Services. If the determination of the Director of Public Works is challenged,such challenge
shall be address in the manner identified in Section 29.17. D/B shall not have the right to stop or delay in the
prosecution of any services or work,including services or work that is the subject of the Change Order(if
directed by the City),pending the determination of the Director of Public Services.or,if applicable;final
resolution. Instead,D/B shall continue diligently prosecuting all such services and work.
13.5 Full Compensation. Payment to D/B for Change Orders shall provide full compensation for all equipment,
materials,labor,field and home office overhead,mark-ups,and profit necessary to complete the work. By
executing a Change Order,the D/B or DB's representative acknowledges that no additional compensation or
claims for items of work listed in the Change Order will be allowed.
13.6 Errors and Omissions. D/B shall not be reimbursed for any costs or expenses of a Change Order resulting
from a design error or omission,DB's negligence,or the negligence of any of DB's agents or subagents.D/B
shall be reimbursed for any costs or expenses of a Change Order resulting from a design error or omission that
is the direct result of a City request for such design or omission. The City reserves the right to seek
reimbursements for any funds used due to errors or omissions of the Design Consultants,DB's negligence,or
the negligence of any of DB's agents,or subcontractors.
13.7 GtV Refusal to Approve Chan 2e Order. D/B shall not have the right to terminate this Agreement for the
City's refusal to approve a Change Order pursuant to Sections 12.2.1or and 12.2.3
ARTICLE XIV. EXTRA WORK
I4.1 City Authority to Order Extra Work. City may at any time prior to Project Completion order Extra Work
on the Project. The sum of all Extra Work ordered shall not exceed five percent(5%)of the Estimated Cost at
the time of the Bid Award, without invalidating this Agreement and without notice to any surety.
14.1.1 Requests in Writing. Al] requests for Extra Work shall be in writing,shall be treated as,and are
subject to the same requirements as Change Orders. D/B shall not be responsible for failure to perform
Extra Work,which was requested in a manner inconsistent with this section.
14.2 Bonds Required for Extra Work. DB's and its agents'bonds,required under Article XXIV,shall cover any
Extra Work provided that the Extra Work is paid for by the Project Budget
14.3 Reimbursement for Extra Work. Work performed by D/B as Extra Work is reimbursable in the same
manner described in Article XVI. The Project contingency as described in Article X,will be used first to cover
the costs of Extra Work.
14.4 Ma_ rkup. D/B will be paid a reasonable allowance for overhead and profit for Extra Work. The allowance
shall not exceed five percent(5%)of the approved costs for the Extra Work.
ARTICLE XV.CHANGED CONDITIONS
15.1 Chan ed Conditions. Changed Conditions shall be addressed under the Greenbook section 3-4; however,
Parties acknowledge that even if Changed Conditions are found to be present,the Project shall not exceed the
GMP without express City Council approval of an increase to the Project Budget. Absent such express
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approval of additional funds,D/B shall provide City with value engineering and Parties will return Project to
within the total Project cost.
ARTICLE XVI. PAYMENT TERMS
16.1 Payment
16.1.1 Funds for Payment. D/B shall only be entitled to payment for Services and Work performed under
this Agreement from the funds appropriated for the Project.
16.1.2 Maximum Payment. D/B shall be entitled to payment in an amount not to exceed the GMP or
subsequently approved increase in GMP. DIB is not entitled to payment for unapproved expenses,
unapproved increases in costs, or other increases caused by D/B negligence,omissions,or failure to
seek approval for additional or increased costs.
16.1.3 Application for Payment. D/B shall submit to City a certificate and application for payment on or
before the 5"'day of each calendar month("Payment Application"). The Payment Application shall be
based upon the percentage of completion of the Schedule of Values plus any Reimbursable Costs,less
any payments previously made by the City,incurred or advanced for the Project for which D/B was
has not previously received payment. The Payment Application must include all relevant documents
in accordance with Section 16.1.4. If the City determines that all relevant documents have not been
submitted,City shall request that D/B provide additional documentation.D/B shall provide additional
documentation within ten(10)Working Days of request.City is not obligated to make payment to D/B
until City has received all relevant documentation to support Reimbursement Request.After all
appropriate cost documentation has been received and City approves the Payment Application,City
shall make payment to D/B of all uncontested charges within thirty(30)Calendar Days of receipt of a
complete Payment Application.
16.1.3.1 Withholding. From each payment,five percent(5%)will be deducted and retained by the
City,and the remainder will be paid in accordance with the terms and conditions of this
Agreement. No payment made to D/B or its sureties will constitute a waiver of any rights the
City has under this Agreement. This section is not intended to limit any rights the City may
have under the Performance or Payment Bond. In lieu of withholding retention under this
Agreement,at the election of D/B,City will deposit retention amounts into escrow and/or the
substitution of securities for money as provided in California Public Contract Code Section
22300.
16.1.3.2 Payment of Withholding. The City will pay the D/B for the amounts withheld thirty-five(35)
Calendar Days from recordation of the Notice of Completion,providing that no Stop Notices
or Mechanic's Liens have been filed since the recordation of the Notice of Completion.
16.1.3.2.1 Where a Stop Notice or Mechanic's Lien has been filed following the recordation of
the Notice of Completion,the amount in controversy shall continue to be withheld
until a fully executed release of Stop Notice or Mechanic's Lien has been filed and
a conformed copy delivered to the City.
16.1.3.3 Contested Charges. In the event City contests any charges contained in the Payment
Application,the dispute shall be resolved in the manner identified in Section 21.6. D/B shall
not have the right to stop or delay in the prosecution or any Services of Work,pending the
determination of the Director of Public Works or,if applicable, final resolution. Instead D/B
shall continue to diligently prosecute all Work and Services. During the time of the dispute,
the City shall withhold the amount of the charge in question.
I6.1.3.4 Cutoff for Submission of Reimbursement Requests. D/B shall submit all Reimbursement
Requests within six(6)months of the date on which Final Completion occurs.and City
accepts the Project. Any Reimbursement Request submitted after the Cutoff Date shall not be
reviewed or included in Reimbursable Cost.
16.1.4 Verification of Reimbursement Request. D/B shall supply documentation to support the
Reimbursement Request including,but not limited to,proof that all mechanic liens have been released,
copies of invoices received and copies of cancelled checks,substitute checks,or image replacement
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documents showing that payment has been made in connection with the Reimbursement Request in the
following manner:
16.1.4.1 D/B shall submit two(2)copies of a Reimbursement Request(cover letter, invoice,and
documentation)to the City.
16.1.4.2 After review and approval,the City shall prepare a memorandum to the Financing
Department that the invoice is appropriate to pay.The memorandum shall indicate any costs
to be disallowed and the reason for the disallowance.
16.1.4.2.1 Prior to the approval of the Reimbursement Request, City has the right to verify
whether or not the materials and work for which reimbursement is being.requested
have been installed and performed as represented in the Reimbursement Request.
16.1.5 Nor-reimbursable Costs. Except to the extent that City expressly assumes the risk of loss under this
Agreement,City shall exclude from the amounts payable to D/B the fair value,as determined by
City, of property that is destroyed,lost, stolen,or damaged rendering it undeliverable or unusable
for City. In addition, D/B is not entitled to reimbursement for any cost or expenditure that has not
been approved by the City in the manner required by this Agreement or the City Charter and
rules,regulations.,or laws promulgated there-under.
ARTICLE XVII.INSPECTION
17.1 Inspection Team. The Project shall be inspected by a team composed of,at a minimum,the following:i.)
representatives of the City, ii.)representative from D.B's Design Team,iii.)the Construction Manager,and
iv.Representative,(iii)D/B's Consultant(s),and(e)the D1B's construction superintendent(Inspection Team]
17.2 Inspection Stages. The Project shall be inspected by the Inspection Team at minimum during the following
stages:(i)when required by code,(ii.)as directed by the"Special Inspections"provision, (iii)bi-weekly.
17.3 Access. City,its consultants, subcontractors,independent testing laboratories as well as other governmental
agencies with jurisdictional interests will have access at reasonable times with the project managers approval
for this observation,inspecting and testing. D/B shall provide them proper and safe conditions for such access
and advise them of DB's safety procedures and programs so that they may comply.
17.4 Additional Inspections. City will make, or have made,such inspections and tests,as the City deems
necessary to see that the Work is being accomplished in accordance with the requirements of the Construction.
17.5 Notice. D/B shall give City timely notice of readiness of the Work for all required on and off-site inspections,
tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or
tests. D/B shall give at least 24 hours notice for on-site inspection and five(5)days notice for off-site
inspection.
17.6 Costs of Inspection. Unless otherwise specified,the cost of inspection and testing will be borne by the City.
Any expenses associated with re-inspection shall be borne by D/B.
17.7 Concealing Work. Prior to concealing work,D/B shall obtain approval of work from the City and as required
by all State Building Codes. City has the right to stop or suspend Work activities which will conceal or cover
up D/B Work product which is to be inspected or tested,or which will interfere with the inspection or testing
activities,for a reasonable time and D/B will have no right to additional cost or time it may incur as a result of
the Work stoppage.
17.8 Defective Work. In the event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents or defective work,the provisions and process of Article XXII shall apply.
17.9 Not a Waiver of Obligations. Neither observations by the City nor inspections,tests,or approvals by City or
others shall relieve D/B fi-om DB's obligations to perform the Work in accordance with the Construction
Documents.This approval is general approval only and in no way relieves D/B of its sole responsibilities under
this Agreement or any and all laws,codes,permits or regulations.
ARTICLE XVIII. PROJECT COMPLETION
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18.1 Notice to City. When D/B determines that the Project is complete,DB shall notify the City in writing of the
Projects status within seven(7)Calendar Days of the D/B's determination. The notice shall certify to City that
the Project has been completed in accordance with the Construction Documents,all applicable building codes
and regulations,all permits,licenses, and certificates of inspection,use and occupancy,and ordinances relating
to the Project.
18.2 Walk-Through Inspection. A preliminary Walk-Through Inspection shall be conducted by City within ten
(10)Working Days following DB's notice to City of completion("Walk-Through Inspection"). The Walk-
Through Inspection will be conducted by the Inspection Team identified in Article XVH,Section 16.1.
18.2.1 Punch List: A Punch List,if necessary,shall be prepared by City during the Walk-Through Inspection.
The Punch List shall be presented to D/B by the RE within three(3)Working Days of the Walk-
Through Inspection,D/B shall correct the items listed on the Punch List within thirty(30)Calendar
Days of receipt of the punch list and prior to the Final Inspection.
18.2.2 Failure to Identify Items. As to any items not included on the Punch List or later discovered,nothing
in this section is intended to limit D/B's obligations under this Agreement and City will maintain all
remedies available under this Agreement and the law.
18.3 Equipment Demonstration. Prior to final inspection,D/B shall demonstrate to City the operation of each
system in the Project,and instruct City personnel in operation,adjustment and maintenance of equipment and
systems,using the operation and maintenance data.
18.3.1 Startup. The D/B shall supervise,manage,and coordinate all project startup and testing activities for
mechanical systems within the provisions of the project Contract Documents.
18.3.2 Reporting. The D/B shall report progress of project startup and testing to the City in a manner
consistent with the City's reporting system.
18.4 Final Inspection. Provided D/B has corrected the Punch List items and notified the City of the correction
("Notice of Correction"),the Final Inspection for the Project shall be scheduled and conducted within ninety
(90)Calendar Days of the Notice of Correction.
ARTICLE XIX. PROJECT ACCEPTANCE AND FINAL COMPLETION
19.1 Acceptance. Upon approval by the Inspection Team during the Final Inspection that Project improvements are
complete and that work required on the Punch List has been frnished,City shall accept the Project
("Acceptance"). Upon Acceptance,D/B shall do all of the following:
19.1.1 Notice of Completion. D/B shall execute and file a Notice of Completion with the County Recorder of
San Diego County and shall provide the RE with a conformed copy of the recorded Notice of
Completion.
19.1.2 Lien and Material Releases. D/B shall cause all contractors and subcontractors to provide lien and
material releases as to the Project and provide copies of such lien and material releases to the City or,
upon approval of City which shall not be unreasonably withheld,provide bonds in lieu of lien and
material releases in a form reasonably acceptable to City for all such work.
19.2 Final Completion. Final Completion of the Project shall be deemed to occur on the last date of the following
events:(i)recordation of the Notice of Completion with a conformed copy to City;(ii)submission of all
documents required to be supplied by D/B to City pursuant to this Agreement,including As-Built Drawings,
warranties,and operating and maintenance manuals; or issuance of a final certificate of occupancy.
19.2.1 ifs-Builts. City will evaluate the submitted As-Builts for accuracy and completeness and may return
comments.D/B shall meet with City until all issues are resolved.Upon issue resolution, in
accordance with disputed work procedures in Section 21.6,D/B shall submit a mylar set and three
(3)final blueline sets of As-Builts stamped by the architect/engineer of record as required by law.
19.3 No Waiver. D113's obligation to perform and complete the work in accordance with the Contract Documents
shall be absolute.Neither recommendation of any progress payment or acceptance of work,nor any payment
by City to D/B under the Contract Documents,nor any use or occupancy of the Project or any part thereof by
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City,nor any act of acceptance by City,nor any failure to do act,nor any review of a shop drawing or sample
submittal,will constitute an acceptance of work,which is not in accordance with the Contract Documents.
ARTICLE XX. PROJECT DELIVERABLES
20.1 Project Deliverables. Prior to Acceptance,DB shall deliver all of the following to the City in the format
required:
20.1.1 As-Builts.DB shall provide As-Builts on 3 sets of paper and electronic format(pdf)or CAD files on
CD disks.
20.1.1.1 As-Builts shall show by dimension accurate to within one(1)inch,the centerline of each run
of conduits and circuits,piping,ducts,and other similar items as determined by City,both
concealed and visible.DB shall clearly identify the item by accurate note such as`bast iron
drain,"galvanized water,etc.DB shall clearly show,by symbol or note,the vertical location
of the item("under slab", "in ceiling","exposed",etc.),and make all identification
sufficiently descriptive that it may be related reliably to the specification. DB shall
thoroughly coordinate all changes on the As-Builts making adequate and proper entries on
each page of specifications and each sheet of drawings and other documents where entry is
required to properly show the change.
20.1.1.2 DB shall include all of the following on the As-Builts:
20.1.1.2.1 Depth of foundation in relation to finished first floor.
20.1.1.2.2 Horizontal and vertical locations of underground utilities and appurtenances, with
references to permanent surface improvements.
20.1.1.2.3 Locations of internal utilities and appurtenances,with references to visible and
accessible features of the structure.
20.1.1.2.4 Field changes of dimensions and details.
20.1.1.2.5 Changes authorized by approved proposal requests, construction Change Orders,
discussion with City that resulted in any change/deviation from City's program,
specifications,approved plans,equipment or materials.
20.1.1.2.6 Details not issued with original Construction Drawings,design build plan deferred
approvals, etc.
20.1.1.2.7 Upon completion of work,obtain signature of licensed surveyor or civil engineer
on the Project record set verifying layout information.
20.1.1.2.8 Show locations of all utilities on-site with size,and type of pipe,if different than
specified, and invert elevations of pipe at major grade and alignment changes.
20.1.1.2.9 The title"PROJECT RECORD"in 318"letters.
20.1.13 D/B shall maintain a set of As-Builts at the Project site for reference.DB shall ensure that
changes to the As-Builts are made within twenty-four(24)hours after obtaining information.
Changes shall be made with erasable colored pencil(not ink or indelible pencil),shall clearly
describe the change by note(note in ink,colored pencil or rubber stamp)and by graphic line,
shall indicate the date of entry, shall circle the area or areas affected and,in the event of
overlapping changes,use different colors for each change.
20.1.2 Operation anti Maintenance Manuals. DB shall submit all Operation and Maintenance manuals
prepared in the following manner:
20.1.2.1 In triplicate,bound in 8'/2 x 11 inch(216 x 279 mm)three-ring size binders with durable
plastic covers prior to City's Final Inspection.
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20.1.2-2 A separate volume for each system,including but not limited to,mechanical,electrical,
plumbing,roofing,irrigation,and any other system as determined by City,with a table of
contents and index tabs in each volume as follows:
20.1.2.2.1 Part 1:Directory, listing names,addresses,and telephone numbers of DIB's
subcontractors,agents,suppliers,manufacturers,and installers.
20.1.2.2.2 Part 2:Operation and Maintenance Instructions,arranged by specification division
or system.For each specification division or system,provide names,addresses
and telephone numbers of DIB's agents,suppliers,manufacturers,and installers.
In addition,list the following: (i)appropriate design criteria; (ii)list of
equipment;(iii)parts list;(iv)operating instructions;(v)maintenance instructions,
equipment;(vi)maintenance instructions,finishes;(vii)shop drawings and
product data;and(viii)warranties.
20.2 Ownership of Project Deliverables. Upon Final Completion or Termination,Project Deliverables shall
become the property of the City. DB and City mutually agree that the Contract documents for the Project
shall not be used on any other work without the consent of each Party. Assemble and deliver to City upon
Final Completion all records,documents,warranties,bonds,guarantees,maintenance/service contracts,and
maintenance and operating manuals
ARTICLE XXI.WARRANTIES
21.1 Warranties Required. DB shall provide and require its agents to provide the warranties listed below.This
warranty requirement is not intended to exclude,and shall not exclude,other implicit or explicit warranties or
guarantees required or implied by law.
21.1.1 Materials and Workmanship. DB shall guarantee,and shall require its agents to guarantee,all work
on the Project against defective workmanship and materials furnished by D/B for aperiod of two(2)
years from the date of Project's Final Completion. D/B shall replace or repair any such defective work
in a manner satisfactory to City,after notice to do so from City,and within the time specified in the
notice.
21.1.2 New Materials and Equipment. DB shall warrant and guarantee,and shall require its agents to
warrant and guarantee,to City that all materials and equipment incorporated into the Project are new
unless otherwise specified.
21.1.3 Design, Construction, and Other Defects. D/B shall warrant and guarantee,and shall require its agents
to warrant and guarantee to City that all work is in accordance with the Plans and Specifications and is
not defective in any way in design,construction or otherwise.
21.2 Form and Content. Except manufacturer's standard printed warranties,all warranties shall be on D/B's and
DiB's agent's,material supplier's, installer's or manufacturer's own letterhead,addressed to City. All
warranties shall be submitted in the format specified in this section,modified as approved by City to suit the
conditions pertaining to the warranty.
21.2.1 Durable Binder. Obtain warranties,executed in triplicate by DB,DIB's agents,installers, and
manufacturers.Provide Table of Contents and assemble in binder with durable plastic cover.
21.2.2 Table of Contents. All warranties shall be listed and typewritten in the sequence of the Table of
Contents of the Project manual,with each item identified with the number and title of the specification
section in which specified,and the name of product or work item.
21.2.3 Index Tabs. Separate each warranty with index tab sheets keyed to the Table of Contents listing.
21.2.4 Detail. Provide full information,using separate typewritten sheets, as necessary.List D/B's agents,
installer, and manufacturer,with name,address and telephone number of responsible principal.
21.2.5 Warranty Start Date. Except for items put into use with DIB's permission with date mutually agreed
upon in writing,leave date of beginning of time of warranty open until the date of Final Completion.
21.2.6 Signature and Notarization. All warranties shall be signed and notarized. Signatures shall be required
from DIB's construction contractor and where appropriate,the responsible subcontractor.
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21.3 Term of Warranties. Unless otherwise specified or provided by law,warranties shall extend for a term of
two(2)year(s)from the date of Final Completion.
20.3.1 Plants, Trees, and Shruhs. Not withstanding above,all shrubs and ground cover shall have a ninety
(90)Calendar Day warranty period and trees shall have a one(1)year warranty period. All plant
warranties shall commence from the date of Final Completion.
21.4 Meetings. During the two(2)year warranty period described in Section 20.3,DB shall meet,and shall
require its design Consultant,construction contractor,and key subcontractors to meet,with the City
representatives,on a monthly basis,if requested by City.This meeting shall be held to discuss and resolve any
problems that City discovers in design,construction,or furnishing,fixtures,and equipment of the Project
during the two(2)year warranty period.
21.5 Warran Ins ection. At 180 and 360 days following Final Completion, during the one-year general building
warranty period,D/B shall inspect each component of the Project,identify items requiring repair;and oversee
and complete such repairs. Findings of such inspections shall be reported to the City.
ARTICLE XXII.DEFECTIVE WORK
22.1 Correction,Removal,or Replacement. If within the designated warranty period,or such additional period as
may be required by law or regulation,the Project is discovered to contain Defective Work,the D/B shall
promptly and in accordance with the City's written instructions and within the reasonable time limits stated
therein,either correct the Defective Work, or if it has been rejected by City,remove it from the site and replace
it with non-defective and conforming work.
22.2 City's Right to Correct. If circumstances warrant, including but not limited to an emergency or DB's failure
to adhere to section 21.1,City may correct,remove,or replace the Defective Work. In such circumstances,
D/B shall not recover costs associated with the Defective Work and shall reimburse the City for all City's
costs, whether direct or indirect,associated with the correction or removal and replacement.
22.3 Non-Reimbursable Costs: All costs incurred by D!B or DB's agents to remedy defects are non-reimbursable
costs. If the City has already reimbursed the D/B for the defective work,City is entitled to an appropriate
decrease in Reimbursable Costs,to withhold a setoff against the amount,or to make a claim against DB's
bond if D/B has been paid in full.
22.4 .Extension of Warranty. When Defective Work,or damage therefrom,has been corrected,removed,or
replaced during the warranty period,the two(2)year, or relevant warranty period, will be extended for an
additional two(2)years from the date of the satisfactory completion of the correction,removal,or replacement.
22.5 No Limitation on other Remedies. Exercise of the remedies for defects pursuant to this Article shall not limit
the remedies City may pursue under this Agreement or law.
22.6 Disputes. If D/B and City are unable to reach agreement on disputed work,City may direct D/B to proceed
with the work and compensate D/B for undisputed amounts.Payment of disputed amounts shall be as later
determined by the Director of Public Works. If this decision is contested,the claims procedure in 29.17 shall
be followed.D/B shall maintain and keep all records relating to disputed work for a period of three(3)years in
accordance with Article XXVI11.
ARTICLE XXIII. MAINTENANCE OF LANDSCAPING&IRRIGATION WORK
23.1
Aeflanee period whieh shall begin an(be first day a4er-all lafidwapa and ifr-igatien weA on the PFejeet is
,
and shall continue t1wroa4ep faf Hinet),(90)C;ale-RdEw Days er-unlil Prejeet 7
23.3
immedia4ely a4er each plant is plawed.-Plants shall be kept in a healthy,growing co-nd-itien;—;nd-i;;a visual!y
pleasing appeaFaneep by walerzing, > ,
disease eantrefliiig, spraying,weeding,elee-ning up and any ether-fleeessafy speffftien of .
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2014-06-17 Agenda Packet Page 44
damage.LEffidscape afeas shall be kept 4ee ef weeds, :id all ether-undeiired vegeta4ive gre-60 a-Rd
dolqFis ALB OF D/48 COBtFaCtOF Shall r0p4aGe all p49-M.-�___--d to be dead er-in an impaif:ed eenditim; within
feufteen(;4)days.Maia+enanee shall a1sE)ii4elt'de the fellowing: (i)Filling and repla+Aing E4afly low areas
Whieh May eaase standing NNater-j (ii)Adjusting ef sprink4eiz head heigkt agdwater-ing pattem;(iii)Filling
23.4
period,City shall insp@Gt the
shall be 501464uled__— .. I )WOOW;fiotiGe,a Fniflimum of ninety(90)CaloRdar Days a4er the plant
fflaintenance per-ied or-vj,hen tho DAB of-&�B,s eontr_ae�@f Mtifies thO City 1hat they Etta read
pt
X I ension of Maintenanee Period. P�13 shall extend completion of tA@ maintei3ance period in City's
periods,-------.-._d/or-possible peer er-uMealthy eenditieft efpianted fnater4al is evident at the
work until all of the work is eeBjplete(4 and aCG@ptable. Additienal costs fer-fiai!Nre to maintaifi landscaping
23.6 Reolneement. Plants feend to b@ dead or net in a vigereus eenditieii,or if r-eet ba4s have been dainaged,
size.Days of notifiGal-e- 1_ P 4iagnosis of plant health by a eeFtified Arberist, should a dispute arise.Af-barist's repe#84a4i ifldiea4e F-easen
23.6.1 &me K4md and Siff&. Plaiits used fef peplaeeiBent s4all be same kiind and siFe as sp@Gi�Ped a-Rd shall be
fufnish@d,planted a44d fe4ilized as edginaliy specified. Cost oi�� repair-werk to existing
�c-09t5-
ARTICLE XXIV.BONDS
24,1 Payment Bond. D/B shall provide or require its Construction Contractor to provide City with a Payment
(material and labor)Bond in favor of City for one hundred percent(100%)of the Hard Construction Costs.
24.2 Performance Bond. DB shall provide or require its Construction Contractor to provide City with a Faithful
Performance Bond in favor of the City for one hundred percent (100%)of the GNU.
24.3 Term, The Payment Bond shall remain in full force and effect at least until the Project is accepted by the City
and all claims for materials and labor are paid, for a minimum of forty-five(45)Calendar Days after the filing
of the Notice of Completion, except as otherwise provided by law or regulation. The Performance Bond shall
remain in full force for thirty(30)Calendar Days following the filing date of the Notice of Completion and
Acceptance,at which time it will convert to a ten percent(10%)warranty bond, which shall remain in place
until the end of all warranty periods set forth in this Agreement.
24.4 Certificate of Agency, All bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act.
24.5 Licensing and Rating. The bonds shall be duly executed by responsible surety companies admitted to do
business in the State of California,licensed or authorized in the jurisdiction in which the project is located to
issue bonds for the limits required by this agreement,listed as approved by the United States Department of
Treasury Circular 570,and whose underwriting limitation is sufficient to issue bonds in the amount required by
this agreement and which also satisfy the requirements stated in Section 995.660 of the Code of Civil
Procedure,except as provided otherwise by laws or regulations,secured through an authorized agent with an
office in California, and have a minimum AM Best rating of"A-".
24.6 Form. All bonds shall be in the form prescribed by City Attorney.
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24.7 Insolvency or Bankruptcy. If the surety on any bond furnished by the Construction Contractor is declared
bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the
Project is located,D/B shall within seven(7)Calendar Days thereafter substitute or require the substitution of
another bond and surety,acceptable to the City.
ARTICLE XXV.INDEMNITY&DUTY TO DEFEND
25.1 Indemnity Defense and Hold Harmless-General Requirement. Except for liability for Professional
Services covered under Section 24.2,D/B shalI defend, indemnify,protect and hold harmless the City,its
elected and appointed officers.and employees,from and against any and all claims,demands,causes of action,
costs,expenses,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 D/B,its officials,officers,employees,agents,and contractors,arising out of or in connection with the
performance of the Defined Services or this Agreement. This indemnity provision does not include any
claims, damages,liability,costs and expenses(including without limitations,attorneys' fees)arising from the
sole negligence or sole willful misconduct of the City,its officers,employees.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 City,its agents,officers,or employees which may be in combination with the active or passive negligent
acts or omissions of the D/B,its employees,agents or officers,or any third party.
25.2 Professional Services. For those professionals who are required to be licensed by the state(e.g.architects,
landscape architects,surveyors and engineers)("Design Professionals"),Design Professionals shall defend,
indemnify and hold the City,its officials,officers,employees,volunteers,and agents free and harmless from
any and all claims,demands, causes of action,costs,expenses, liability,loss,damage or injury,in law or
equity,to property or persons,including wrongful death,in any manner arising out of,pertaining to,or relating
to any negligence,errors or omissions,recklessness,or willful misconduct of Design Professional,its officials,
officers,employees,agents,DBs,and contractors arising out of or in connection with the performance of the
Design Professional's Services. The Design Professional's duty to indemnify,protect and hold harmless shall
not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City,its
agents, officers or employees.This section in no way alters, affects or modifies the Design Professional's
obligation and duties under this Agreement.
25.3 Indemnification for Liens and Stop Notices. The D/B shall keep the Project and Property free of any
mechanic's liens and immediately secure the release of any stop notices. The D/B shall defend,indemnify,
protect, and hold harmless,the City,its agents,officers and employees from and against any and all liability,
claims,costs,and damages,including but not limited to,attorney fees,arising from or attributable to a failure
to pay claimants. D/B shall be responsible for payment of all persons entitled to assert liens and stop notices.
25.4 Indemnification for Hazardous Materials. D/B agrees to defend,indemnify,and hold harmless,the City, its
agents,officers and employees from and against any and all costs, damages,claims,and liabilities,including
reasonable attorney fees, foreseeable or unforeseeable, directly or indirectly,arising from or related to the
Hazardous Materials introduced to the site by the design builder.
25.5 Costs of Defense and Award. Included in the obligations in Sections 24.1 through 24.4, above,is the DiB s
obligation to defend,at DB's own cost, expense and risk, any and all aforesaid suits,actions or other legal
proceedings of every kind that may be brought or instituted against the City,its directors,officials, officers,
employees,agents and/or volunteers. DB shall pay and satisfy any judgment,award or decree that maybe
rendered against City or its directors,officials, officers, employees,agents and/or volunteers,for any and all
legal expense and cost incurred by each of them in connection therewith.
25.6 Insurance Proceeds. DB's obligation to indemnify shall not be restricted to insurance proceeds,if any,
received by the City,its directors,officials,officers, employees,agents,and/or volunteers.
25.7 Enforcement Costs. D/B agrees to pay any and all costs City incurs enforcing the indemnity and defense
provisions set forth in this Article XXV.
25.8 Survival. Consultant's obligations under this Article XXV shall survive the termination of this Agreement.
ARTICLE XXVI. INSURANCE
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26.1 General. DB shall not begin work under this Agreement until it has:(i)obtained,and upon the City's request
provided to the City,insurance certificates reflecting evidence of all insurance required in section 25.2;(ii)
obtained City approval of each company or companies;and(iii) confirmed that all policies contain the specific
provisions required by section 25.4.
26.2 Types of Insurance. At all times during the term of this Agreement,D113 shall maintain insurance coverage as
follows:
26.2.1 Commercial General Liability. Contractor shall provide at its expense a policy or policies of
Commercial General Liability [CGL] Insurance written on an ISO Occurrence form CG 00 0107 98 or
an equivalent form providing coverage at least as broad and which shall cover liability arising from
premises and operations,XCU(explosions,underground,and collapse)independent contractors,
products/completed operations,personal injury and advertising injury,bodily injury,property damage,
and liability assumed under an insured's contract(including the tort liability of another assumed in a
business contract).There shall be no endorsement or modification of the CGL Insurance limiting the
scope of coverage for either"insured vs- insured"claims or contractual liability. Contractor shall
maintain the same or equivalent CGL Insurance as described herein for at least ten(10)years
following substantial completion of the work.All costs of defense shall be outside the policy limits.
The Policy shall provide for coverage in amounts not less than two million dollars($2,000,000)per
occurrence for Bodily Injury,Personal Injury,or Property Damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to this projectilocation,
the general aggregate limit shall be twice the required occurrence limit.
26.2.2 Commercial Automobile Liability. For all of DB's automobiles used in conjunction with the Project
including owned,hired and non-owned automobiles,DB shall keep in full force and effect,a policy or
policies of Commercial Automobile Liability Insurance written on an ISO form CA 00 01 12 90 or a
later version of this form or equivalent form providing coverage at least as broad in the amount of one
million dollars($1,000,000)combined single limit per occurrence,covering bodily injury and property
damage for owned,non-owned and hired automobiles ["Any Auto"]. All costs of defense shall be
outside the policy.
26.2.
Agf:eement,PA4 5hail keep ifi fid!force and eff-ent, ar D,LR shall rcquiFe that its aFeh4eeV@ngijieer-(s)e
liability Mth a eernbined single 14A4 efene millien deNafs($1,000,000)per-elaim and twe millien
dollafs($2,000,000)annual aggfega4e.DAB shall ensure beth th4(i)this peliey retfeaetive date is on
peFied defined abeve,thefe will be no ehanges aF eflder-semests te the paliey that iner-eases the City's
exposure less,
26.2.4 Excess Liability. DB shall provide Excess Liability Insurance affording three million dollars
($3,000,000)in excess of General Liability and Employer's Liability limits afforded on primary
policies. The coverage will be subject to the same terms,conditions,and exclusions found in the
primary policies.
26.2.5 Contractors Pollution Liability. If the DB or its Contractors'Work includes cleanup,removal,
storage,or otherwise handling of hazardous or toxic chemicals,materials,substances,or any other
pollutants,Contractor shall provide at their expense Contractors Pollution Liability Insurance
appropriate to cover such activities in an amount not less than$3,000,000 Combined-Single Limit per
occurrence/aggregate far bodily injury,property damage and remediation.
26.2.5.1 Claims made policies will include a five(5)year Extended Claims Discovery Period
applicable to this Agreement, if reasonably available.
26.2.5.2 The policy for this insurance shall include Contractual Liability coverage. Such policy shall
be endorsed to specifically provide for Work performed under the Agreement.
26.2.5.3 The DB or its Contractors of any tier shall furnish to the City a policy or Certificate of
Contractors Pollution Liability Insurance in which the City,its elected and appointed
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officers,employees,and agents,and the DB are named as additional insureds. The policy or
Certificate must plainly designate the name of the Project,name of the Disposal -Site,and
the permits secured for its disposal.This Certificate must be furnished to the City,
evidencing compliance with the outlined requirements,prior to the D/B or Contractor
beginning their Work on the Project.Any failure to furnish this policy or Certificate of
Insurance shall not relieve the DB or Contractor from their obligations under this Section.
26.2.6 Hazardous Transporters Pollution Liability. If the D/B's or its contractors'Work includes
transportation of hazardous or toxic chemicals,materials,substances or any other pollutants the D/B
or its Contractor of any tier shall provide,at their expense,Transporters Pollution Liability Insurance
in an amount not less than$3,000,000 Combined Single Limit per occurrence/Aggregate for bodily
injury,property damage and remediation.
26.2.6.1 Claims Made policies will include a five(5)year Extended Claims Discovery Period
applicable to this Agreement,if reasonably available.
26.2.6.2 Such policy shall be endorsed to specifically provide coverage for Work performed under
this Agreement. The DB or its contractors of any tier shall furnish the City with a policy or
Certificate of Hazardous Transporters Pollution Liability Insurance in which the City,its
elected and appointed officers and employees,and agents,the DB,and any upper tiered
contractor are named additional insureds.
26.2.6.3 The policy or Certificate must plainly designate the name of the Project,name of the
Disposal Site,and the permits secured for its disposal.This Certificate must be furnished to
the City, evidencing compliance with the outlined requirements,prior to the DIB or
Contractor beginning their Work on the Project.Any failure to famish this policy or
Certificate of Insurance shall not relieve the DB or Contractor from their obligations under
this Section.
26.2.7 Worker's Compensation. For all of DB's employees who are subject to this Agreement and to the
extent required by the State of California,DB shall keep in full force and effect,a Workers'
Compensation Insurance and Employers'Liability Insurance to protect DB against all claims under
applicable state workers'compensation laws. The City,its elected officials,and employees will not be
responsible for any claims in law or equity occasioned by the failure of the DB to comply with the
requirements of this section. That policy shall provide at least the statutory minimums of one million
($1,000,000)for Bodily Injury by Accident for each accident,one million dollars($1,000,000)for
Bodily Injury by Disease each employee,and a one million dollars($1,000,000)for Bodily Injury by
Disease policy limit.
26.2.7.1 Prior to the execution of the Agreement by the City,the DB shall file the following signed
certification:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for worker's compensation or to undertake self-
insurance, in accordance with the provisions of that code, and I will comply with such
provisions before commencing the performance of the work of the Contract."
26.2.8 Builder's Risk. To the extent commercially available,the City shall provide a policy of"all risk"
Builders Risk Insurance.DB shall add City and its respective elected officials,officers,employees,
agents,and representatives to the policy as loss payees,to the extent such insurance is commercially
available.Coverage will be provided for the Replacement Cost of Materials,Equipment and Fixtures
destined to become a permanent part of the structure,and coverage will include Property in Transit and
Property in Offsite Storage.DB shall also add its construction contractor, and the construction
contractor's subcontractors to the policy as additional named insureds or loss payees,to the extent their
interest may appear. The limit for this policy shall be a minimum of$195,186.00 (GMP dollar
amount to reflect project soft and hard costs). It shall be D/B's responsibility to bear the expense of
any deductible. The Builders Risk coverage shall expire at the time such insured property is occupied
by City,or a Notice of Completion is filed,whichever occurs first. Contractor and its Subcontractors
will be solely responsible for any loss or damage to their personal property,including contractor's
tools and equipment owned,used, [eased or rented by the Contractor or Subcontractor.
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26.3 Ratine Requirements. Except for State Compensation Insurance Fund,all insurance required by express
provision of this Agreement shall be carried only by responsible insurance companies that have been given at
least an"A"or"A-"and"V"rating by AM BEST,that arc authorized by the California Insurance
Commissioner to do business in the State of California,and that have been approved by the City.
26.3.1 Non--l4dmitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines"
carriers only if the carrier is authorized to do business in the State of California and is included on the
List of Eligible Surplus Lines Insurers[LESLI list] with a current AM BEST rating of no less than
A:X.
26.4 Endorsements Required. Each policy required under Article XXVI,section 25.2 of this Agreement shall
expressly provide,and an endorsement shall be submitted to the City,that:
26.4.1 Additional Insureds. Except as to Architects and/or Engineers professional liability insurance and
Workers Compensation,the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives shall be named as additional insureds.
26.4.1.I Commercial General Liability. The policy or policies must be endorsed to include as an
Additional Insured the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives. Liability Additional Insured Endorsement must be
provided on ISO form CG 2010(11185)or equivalent,specifically,coverage afforded City
must be Primary and must not exclude Completed Operations. The coverage for Projects for
which the Engineer's Estimate is one million dollars($1,000,000)or more shall include
liability arising out of: (i)Ongoing operations performed D/B or on D/B's behalf,(ii)DIB's
products,(iii)DB's work, including but not limited to completed operations performed by
D/B or on DB's behalf, or(iv)premises owned, leased,controlled,or used by D/B;the
coverage for Projects for which the Engineer's Estimate is less than one million dollars
($1,000,000)shall include liability arising out of:(i)Ongoing operations performed by D/B
or on D/B's behalf,(ii)D/B's products, work,including but not limited to completed
operations performed by D/B or on DB's behalf,or(iii)premises owned, leased,controlled,
or used by you; Except that in connection with, collateral to, or affecting any construction
contract to which the provisions of subdivision(b)of Section 2782 of the California Civil
Code apply, these endorsements shall not provide any duty of indemnity coverage for the
active negligence of the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives in any case where an agreement to indemnify the City
of Chula Vista and its respective elected officials,officers, employees,agents,and
representatives would be invalid under subdivision(b)of Section 2782 of the California
Civil Code.In any case where a claim or loss encompasses the negligence of the Insured and
the active negligence of the City of City of Chula Vista and its respective elected officials,
officers,employees,agents,and representatives that is not covered because of California
Insurance Code Section 11580.04,the insurer's obligation to the City of Chula Vista and its
respective elected officials,officers,employees, agents,and representatives shall be limited
to obligations permitted by California Insurance Code Section 11580.04.
26.4.1.2 Commercial Automobile Liability Insurance. Unless the policy or policies of Commercial
Auto Liability Insurance are written on an ISO form CA 00 01 12 90 or a later version of this
form or equivalent form providing coverage at least as broad,the policy or policies must be
endorsed to include as an Additional Insured the City of Chula Vista and its respective elected
officials,officers,employees, agents,and representatives,with respect to liability arising out
of automobiles owned, leased,hired or bon-owed by or on behalf of the Contractor;Except
that in connection with,collateral to,or affecting any construction contract to which the
provisions of subdivision(b)of Section 2782 of the California Civil Code apply,this
endorsement shall not provide any duty of indemnity coverage for the active negligence of the
City of Chula Vista and its respective elected officials,officers, employees,agents,and
representatives in any case where an agreement to indemnify the City of Chula Vista and its
respective elected officials,officers,employees,agents,and representatives would be invalid
under subdivision(b)of Section 2782 of the California Civil Code.In any case where a claim
or loss encompasses the negligence of the Insured and the active negligence of the City of
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2014-06-17 Agenda Packet Page 49
Chula Vista and its respective elected officials,officers,employees,agents,and
representatives that is not covered because of California Insurance Code Section 11580.04,
the insurer's obligation to the City of Chula Vista and its respective elected officials,officers,
employees,agents,and representatives shall be limited to obligations permitted by California
Insurance Code Section 11580.04.
26.4.2 Primary and Non-Contributory. The policies are primary and non-contributing to any insurance or
self-insurance that may be carried by the City of Chula Vista,its elected officials,officers,employees,
agents,and representatives with respect to operations,including the completed operations if
appropriate,of the Named Insured. Any insurance maintained by the City of Chula Vista and its
elected officials,officers,employees,agents, and representatives shall be in excess ofDIB's insurance
and shall not contribute to it.
26.4.3 Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage for the term required by this Agreement.
26.4.4 Project General Aggregate Limit. The CGL policy or policies must be endorsed to provide a
Designated Construction Project General Aggregate Limit that will apply only to the Work performed
under this Agreement.Claims payments not arising from the Work shall not reduce the Designated
Construction Project General Aggregate Limit.The Designated Construction Project General
Aggregate Limit shall be in addition to the aggregate limit provided for the products-completed
operations hazard.
26.4.5 Written Notice. Except as provided for under California law,the policies cannot be canceled,non-
renewed or materially changed except after thirty(30)Calendar Days prior written notice by D/B to
the City by certified mail,as reflected in an endorsement which shall be submitted to the City, except
for non-payment of premium,in which case ten(10)Calendar Days notice shall be provided.
26.4.5.1 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"shall be deleted from
all certificates.
26.4.6 Additional Insurance. D/B may obtain additional insurance not required by this Agreement.
26.4.7 Prior to Starting Work. Before performing any work,D/B shall provide the City with all Certificates
of Insurance accompanied by all endorsements.
26.5 Subcontractors. All coverages for subcontractors or subconsultants shall be subject to all of the requirements
stated herein. Subcontractors and Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein. Subcontractors and Subconsultants shall name
City and D/B as additional insureds under its policies.
26.6 Obligation to Provide Documents. The D/B shall provide copies of documents including but not limited to
certificates of insurance and endorsements,and shall furnish renewal documentation prior to expiration of
insurance.Each required document shall be signed by the insurer or a person authorized by the insurer to bind
coverage on its behalf.The City reserves the right to require complete,certified copies of all insurance policies
required herein.
26.6.1 Cooperation. The D/B and its Contractors shall cooperate fully with and provide any information or
records requested by the City or regarding all aspects of the insurance and project,including but not
limited to claims,audit,payroll,insurance records and safety.Delays in reporting information to the
City may result in delays in progress payments to the D/B.
26.7 Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the
responsibility of D/B. Deductibles and self-insurance retentions shall be disclosed to and approved by the City
at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or
eliminate such deductibles or self-insured retentions as respects the City,its officers,officials,employees and
volunteers;or the D/B shall provide a financial guarantee satisfactory to the City guaranteeing payment of
losses and related investigations,claim administration and defense expenses.
26.8 Policy Changes. D/B shall not modify any policy or endorsement thereto which increases the City's exposure
to loss for the duration of this Agreement.
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26.9 Reservation of Rights; The City reserves the right,from time to time,to review the Contractor's insurance
coverage,limits,deductible and self-insured retentions to determine if they are acceptable to the City.The City
will reimburse the Contractor for the cost of the additional premium for any coverage requested by the City in
excess of that required by this.Agreement without overhead,profit,or any other markup.
26.10 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to
limit the DB's obligations under this Agreement,including Indemnity.
26.11 Material Breach, failure to maintain,renew,or provide evidence of renewal during the term of this
Agreement may be treated by the City as a material breach of contract.
ARTICLE XXVII. TERMINATION/SUSPENSION OF WORK
27.1
and shall not sentinue until erdered by City. When restimed, eperatio-im;vlithiii!he area of the diseever-y sha4
be as dii-eetod by City
27.1.1 Diseaverieswhieh may be efleouRtered may v but are not be iimitedte, dwelling sites,stene
s
significaaee.
27.1.2 P4B shall be entitled te an e�itensian of�iffle and eempensa6en in aeeofdanee with the pr-evisioiis 9-f
this h ,, n.
'r
27.2 Termination of Agreement by City for Cause. If,through any cause,D/B shall fail to fulfill in a timely and
proper manner DB's obligations under this Agreement,or if D/B shall violate any of the covenants,
conditions,agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to D/B of such termination and specifying the effective date thereof at least five(5)
Calendar Days before the effective date of such termination.
27.3 Termination or Suspension for Convenience by City. City may terminate or suspend this Agreement at any
time and for any reason,by giving specific written notice to D/B of such termination or suspension and
specifying the effective date thereof,at least seven(7)Calendar Days before the effective date of such
suspension or termination. In the event of an emergency,advance notice shall not be required under this
provision.
27.4 Termination of Agreement by DIB. D/B may terminate the Agreement upon ten(10)days written notice to
City,whenever either of the following occur:
27.4.1 Project Suspension. If the Project has been suspended under the provisions of Section 26.1 or 26.3,for
more than ninety(90)consecutive days through no fault or negligence of D/B,and notice to resume
Work or to terminate the Agreement has not been received from City within this time period;or,
27.4.2 Failure to Pay,4rnounts Due and Not in Dispute. If City fails to pay D/B any monies due and not in
dispute in accordance with the terms of this Agreement within ninety(90)Calendar Days,plus the ten
(10)Calendar Days afforded the City to remedy the failure,after presentation to City by D/B of a
request therefore.
27.5 D/B Action Required. Upon receipt of the Notice of Termination,D/B shall take any and all action that may
be necessary, or that the City Manager may direct,for the protection and preservation of the property related to
this Agreement that is in the possession of D/B and in which City has or may acquire an interest.
27.6 Possession,Ownership,and Control of Documents. In the event that this Agreement is terminated in
accordance with Sections 26.2 through 26.4, all finished or unfinished documents,data,studies,drawings,
maps,plans,specifications,reports and other materials prepared by D/B,or any of its agents,Design
Consultants or Subcontractors,shall,at the option of the City,become the sole and exclusive property of the
City.
27.7 City Right to Complete Proiect. In the event that the Agreement is terminated pursuant to this Article
XXVII,City may take possession of the Project and may complete the Project by whatever method or means
City may select.
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27.7.1 Excess Costs. In the event that the costs to complete the Project exceed the balance of funds,which
bad the Project been completed in accordance with this Agreement would have been due,the D/B shall
be liable for and pay such excess costs to the City.
27.8 Payment to D/B Due to Termination. Upon termination,D/B shall be entitled to receive just and equitable
compensation for satisfactory Work completed. In no event shall such amount exceed the total dollar amount
autborized.by City,reduced by the amount of payments previously made and any deductions permitted herein.
The fair and reasonable amount shall be determined in good faith by City considering the following:
27.8.1 The price for completed services accepted,including any retention,by City not previously paid.
27.8.2 The costs incurred in the performance of the Project terminated,including initial costs and preparatory
expense allocable thereto. These costs are only for Work completed and accepted by the City based on
an audit of all Contractors' bills of materials and the timecards for Work actually performed.
27.8.3 A portion of the D/B fixed Fee(overhead and profit)based on the percentage of Work completed on
the Project;however, if D/B would have sustained a loss on the entire Agreement had it been
completed,City shall allow no profit under this section and shall reduce the amount payable to reflect
the indicated rate of loss.
27.8.4 D/B and Design Subcontractor services through the date of termination based on actual time spent as
documented on timecards. Expenses shall be paid based on invoice and receipts provided by D/B.
27.8.5 Any amounts for Work or Services agreed to by the City Manager and D/B,but without duplication of
any amounts agreed to above.
27.8.6 Reasonable demobilization costs,to the effective date of such termination.
27.8.7 If termination occurs during Phase 1, 1I,or III,D/B shall only be entitled to the Fees for Phases 1,11,or
IIl, associated therewith,or the respective portion thereof.
27.9 Lost Profits. Under no circumstances will D/B be entitled to any consideration for lost profit or lost
opportunity costs.
27.1 ODeductions. The amount due D/B shall be reduced by amounts including the following:
26.10.1 Any claim that City has against D/B under this Agreement.
26.10.2 The agreed price for,or the proceeds of sale of, materials,supplies,or other things acquired by D/B or
sold under the provisions of this clause and not recovered by or credited to City.
26-10.3 Damages caused by DB's breach,including Excess Costs pursuant to Section 26.7.I.
26.10.4 Property Destroyed,Lost, Stolen or Damaged. Except to the extent that City expressly assumed the
risk of loss,the City Manager shall exclude from the amounts payable to DB,the fair value,as
determined by the City Manager,of property that is destroyed,lost,stolen,or damaged so as to
become undeliverable to City.
27.11Disautes.If D/B does not agree that the amount determined by the City Manager is fair and reasonable. D/B
shall within thirty(30)Calendar Days of receipt of payment,shall give notice of such disagreement to City.
The dispute shall be resolved in the manner provide for in Section 21.6.
27.12 Waiver of Claims. In the event of termination under this Article XXVI,failure of D/B to dispute amounts
paid in the manner and within the timeframe provided in Section 26.11 shall act as a waiver of any and all
claims for damages or compensation arising under this Agreement for any and all Work and Services
performed under this Agreement up to the effective date of Notice of Termination. D/B hereby expressly
acknowledges and agrees that such claims shall be waived as herein provided.
27.13Ri hts of City Preserved. In the event that the Agreement has been terminated,the termination shall not
affect any rights or remedies of City against D/B then existing or which may thereafter accrue. Any retention
or payment of moneys due D/B by City will not release D/B from liability. It is agreed that termination
hereafter will not in any way release, waiver,or abridge any rights the City has against D/B's performance
bond surety.
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ARTICLE XXVIII. RECORDS AND AUDITS
28.1 Record System—Reimbursable Costs. D/B shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system,D/B shall include with each month payment application an
itemization of all such Reimbursable Costs actually incurred by D/B,during the previous month. If requested
by the City,D/B shall provide all backup documentation supporting such Reimbursable Costs.
28.2 Record System—Hard Construction Costs. D/B shall develop and maintain an accurate system for tracking
all Hard Construction Costs it incurs on the Project. Utilizing this system,D/B shall include with each
monthly application for payment an itemization of all Hard Construction Costs actually incurred by DIB during
the previous month.
28.3 Retention of Records. D/B,contractors,and subcontractors shall maintain data and records related to this
Agreement for a period of not less than three(3)years following receipt of final payment under this Agreement
or three(3)years following final settlement associated with the termination of this Agreement pursuant to
Article XXVII,above.
28.4 Audit of Records. At any time during normal business hours,during the term of the contract plus and record
retention period and as often as the City deems necessary,D/B and any or all Contractors or subcontractors
shall make available to the City for examination at reasonable locations within the City/County of San Diego
all of the data and records with respect to all matters covered by this Agreement.D/B and all contractors or
subcontractors will permit the City to make audits of all invoices,materials,payrolls,records of personnel, and.
other data and media relating to all matters covered by this Agreement. If records are not made available within
the City/County of San Diego,then D/B shall pay all the City's travel related costs to audit the records
associated with this Agreement at the location where the records are maintained. Such costs will not be
Reimbursable Costs.
28.4.I Costs. D/B and D/B's agents shall allow City to audit and examine books,records,documents,and any
and all evidence and accounting procedures and practices that City determines are necessary to
discover and verify all costs of whatever nature,which are claimed to have been incurred,anticipated
to be incurred,or for which a claim for additional compensation or for Extra Work have been
submitted under this Agreement.
ARTICLE XXIX.NOTICES
29.1 Writing. Any demand upon or notice required or permitted to be given by one Party to the other Party shall be
in writing.
29.2 Effective Date.Except in relation to Change Orders as provided for in section 28.4 or as otherwise provided
by law,any demand upon or notice required or permitted to be given by one Party to the other Party shall be
effective: (i)on personal delivery,(ii)on the second business day after mailing by certified or registered U.S.
Mail,return receipt requested, (iii)on the succeeding business day after mailing by Express Mail or after
deposit with aprivate delivery service of general use(e.g.,Federal Express)postage or fee prepaid as
appropriate,or(iv)upon successful transmission of facsimile.
29.3 Recce Except in relation to Change Orders,all demands or notices required or permitted to be given
shall be sent to all of the following:
29.3.1 Gordon Day, City's Project Manager
29.3.2 BalfourBeatty's Project Manager
29.3.3
29.4 Recipients of Chansze Orders.
28.4.1 Gordon Day, City's Project Manager
29.4.2 BalfourBcatty's Project Manager
29.4.3
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29.5 Change of Address(es). Notice of change of address shall be given in the manner set forth in this Article.
ARTICLE XXX.MISCELLANEOUS PROVISIONS
30.1 Headings.All article headings are for convenience only and shall not affect the interpretation of this
Agreement.
30,2 Gender&Number. Whenever the context requires,the use herein of(i)the neuter gender includes the
masculine and the feminine genders and(ii)the singular number includes the plural number.
30.3 Reference to Paragraphs.Each reference in this Agreement to a section refers,unless otherwise stated,to a
section in this Agreement.
30.4 Incorporation of Recitals. All recitals herein are incorporated into this Agreement and are made a part
hereof.
30.5 Covenants and Conditions. All provisions of this Agreement expressed as either covenants or conditions on
the part of the City or the Consultant,shall be deemed to be both covenants and conditions.
30.6 Integration.This Agreement and the Exhibits and references incorporated into this Agreement fully express
all understandings of the Parties concerning the matters covered in this Agreement.No change,alteration,or
modification of the terms or conditions of this Agreement,and no verbal understanding of the Parties,their
officers,agents,or employees shall be valid unless made in the form of a written change agreed to in writing
by both Parties or an amendment to this Agreement agreed to by both Parties.All prior negotiations and
agreements are merged into this Agreement.
30.7 Severability. The unenforceability,invalidity,or illegality of any provision of this Agreement shall not
render any other provision of this Agreement unenforceable,invalid,or illegal.
30.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by
counsel with respect to the negotiations,terms and conditions of this Agreement,and the decision of whether
or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility
of each Party.This Agreement shall not be construed in favor of or against either Party by reason of the
extent to which each Party participated in the drafting of the Agreement,
30.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this
Agreement and the Exhibits,the main body of this Agreement shall control,If a conflict exists between an
applicable federal,state, or local law,rule,regulation,order,or code and this Agreement,the law,rule,
regulation,order,or code shall control.Varying degrees of stringency among the main body of this
Agreement, the Exhibits,and laws,rules,regulations,orders,or codes are not deemed conflicts,and the most
stringent requirement shall control.Each Party shall notify the other immediately upon the identification of
any apparent conflict or inconsistency concerning this Agreement.
30.10 Prompt Performance.Time is of the essence of each covenant and condition set forth in this Agreement.
30.11 Good Faith Performance. The parties shall cooperate with each other in good faith,and assist each other in
the performance of the provisions of this Agreement.
30.12 Further Assurances. City and DB each agree to execute and deliver such additional documents as may be
required to effectuate the purposes of this Agreement.
30.13 Exhibits.Each of the following Exhibits is attached hereto and incorporated herein by this reference:
Exhibit A - RFP,SOQ&Schedule of Values
Exhibit B - Project Schedule
Exhibit -
30.14 Compliance with Controlling Law. The Consultant shall comply with all laws,ordinances,regulations,and
policies of the federal,state,and local governments applicable to this Agreement,including California Labor
Code section 1720 as amended in 2000 relating to the payment of prevailing wages as stated in the RFP,
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2014-06-17 Agenda Packet Page 54
during the design and preconstruction phases of a project,including inspection and land surveying work. In
addition,the Consultant shall comply immediately with all directives issued by the City or its authorized
representatives under authority of any laws,statutes,ordinances,rules,or regulations.The laws of the State of
California shall govern and control the terms and conditions of this Agreement.
30.15 Jurisdiction,Venue,and Attorney Fees. The venue for any suit or proceeding concerning this Agreement,
the interpretation or application of any of its terms, or any related disputes shall be in the County of San
Diego, State of California.The prevailing Party in any such suit or proceeding shall be entitled to a
reasonable award of attorney fees in addition to any other award made in such suit or proceeding.
30.16 Munici al Powers. Nothing contained in this Agreement shall be construed as a limitation upon the powers
of the City as a chartered city of the State of California.
30.17 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out
of this agreement,against the City unless a claim has first been presented in writing and filed with the City
and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, as same may from time to time be amended,the provisions of which are incorporated by this
reference as if fully set forth herein,and such policies and procedures used by the City in the implementation
of same. 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.
30.18 Third Party Relationships. Nothing in this Agreement shall create a contractual relationship between City
and any third party;however,the Parties understand and agree that City,to the extent permitted by law, is an
intended third party beneficiary of all D/B's contracts,purchase orders and other contracts between DB and
third.party services.DB shall incorporate this provision into its contracts,supply agreements and purchase
orders.
30.19 Non-Assignment.The DB shall not assign the obligations under this Agreement,whether by express
assignment or by sale of the company,nor any monies due or to become due,without the City's prior written
approval.Any assignment in violation of this paragraph shall constitute a Default and is grounds for
immediate termination of this Agreement,afthe sole discretion of the City.In no event shall any putative
assignment create a contractual relationship between the City and any putative assignee.
30.20 Successors in Interest. This Agreement and all rights and obligations created by this Agreement shall be in
force and effect whether or not any Parties to the Agreement have been succeeded by another entity,and all
rights and obligations created by this Agreement shall be vested and binding on any Party's successor in
interest.
30.21 Independent Contractors. The D/B,any consultants,contractors,subcontractors,and any other individuals
employed by the DIB shall be independent contractors and not agents of the City.Any provisions of this
Agreement that may appear to give the City any right to direct the DB concerning the details of performing
the Services under this Agreement,or to exercise any control over such performance,shall mean only that the
DB shall follow the direction of the City concerning the end results of the performance.
30.22 Approval. Where the consent or approval of a party is required or necessary under this Agreement,the
consent or approval shall not be unreasonably withheld.
30.23 No Waiver. No failure of either the City or the Consultant to insist upon the strict performance by the other
of any covenant,term or condition of this Agreement,nor any failure to exercise any right or remedy
consequent upon a breach of any covenant,term,or condition of this Agreement,shall constitute a waiver of
any such breach of such covenant,term or condition.No waiver of any breach shall affect or alter this
Agreement, and each and every covenant,condition,and term hereof shall continue in full force and effect to
any existing or subsequent breach.
30.24 Signing Authority. The representative for each Party signing on behalf of a corporation,partnership,joint
venture or governmental entity hereby declares that authority has been obtained to sign on behalf of the
corporation,partnership,joint venture,or entity and agrees to hold the other Party or Parties hereto harmless
if it is later determined that such authority does not exist.
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IN WITNESS WHEREOF,this Agreement the City of Chula Vista and [INSERT]have executed this Agreement
thereby indicating that they have read and understood same,and indicate their full and complete consent to its terms.
This Agreement is dated ,2014 and this date shall constitute the effective date of this
Agreement.
CITY OF CHULA VISTA,A Municipal Corporation Balfour/Beatty Construction,LLC
By: By:
CHERYL COX,Mayor [NAME OF AUTHORIZED REPRESENTATIVE}
Brian H.Cahill
President,Southwest Division
Approved as to form and legality:
By:
Glen Googins,City Attorney
Dated ,2014
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2014-06-17 Agenda Packet Page 56
84 \If/
;�ww- �0
CITY CW
CHULA VISTA
REQUEST FOR PROPOSAL (RFP)
TO PROVIDE
DESIGN BUILD SERVICES FOR
THE DESIGN AND CONSTRUCTION OF
THE KITTEN AND RABBIT ENCLOSURE AT THE ANIMAL CARE FACILITY
IN THE CITY OF CHULA VISTA, CA
RFP ISSUED:
May 7, 2013
SUBMITTALS ARE DUE BY.
May 29, 2013
City of Chula Vista
Public Works-Engineering Department
276 Fourth Avenue,Building 200
Chula Vista, CA 91910
2014-06-17 Agenda Packet Page 57
TABLE OF CONTENTS
I. INTRODUCTION................................................................................................................I
II. SCOPE OF SERVICES ......................................................................................................2
A. Project Control (All Phases) ------------------------------------------------------------------------------------------2
B. Design Phase Services ...................................................................................................2
C. Construction Phase Services..........................................................................................4
D. Operations and Startup Phase Services..........................................................................5
III. DESIGN BUILDER SELECTION PROCESS....................................................6
IV. REQUEST FOR PROPOSALS SCHEDULE.....................................................7
V. PUBLIC DISCLOSURE------------------------------------------------------------------------------7
VI. SUBMITTAL REQUIREMENTS..................................................................7
VII. CONTRACT TERMS AND CONDITIONS......................................................9
ATTACHMENT 1 —SAMPLE DESIGN BUILD AGREEMENT
ATTACHMENT 2-PRELIMINARY PLANS
2014-06-17 Agenda Packet Page 58
The following Request for Proposal(RFP)pertains to the design and construction of a kitten/rabbit
viewing enclosure and other improvements at the Chula Vista Animal Care Facility. Firms with
design build experience are being solicited to present proposals for review. Based upon the
submitted information, qualified candidates will be interviewed and a responsive proposal may be
considered for the project as permitted by the City's Design-Build Ordinance.
I. INTRODUCTION
The City of Chula Vista is circulating this RFP to firms qualified to provide design build
services to the City with: design services, value engineering, programming, construction
management and construction for 3 phases of improvements at the Animal Care Facility in
the City of Chula Vista. The City currently has a proposed budget of$700,000 for design
and construction for all phases of the project.
All Design/Build Team (DBT)members shall be licensed and registered with the State of
California, as required. This RFP document describes the typical elements of a project,the
required scope of services,the selection process,and the minimum information that must be
included in the proposal submittal.
This RFP is intended to allow for the following scenarios:
• Design Builder(DB)will combine work efforts with the City's current management
team that has previously prepared the planning and/or conceptual documents.
• DBT, created by the DB, prepares all planning and/or conceptual documents.
• DBT, created by the DB, uses previously prepared planning and/or conceptual
documents.
This RFQ does not commit the City to award a contract, to pay any costs incurred in the
preparation of submittals to this request, or to procure or contract for services or supplies.
The City reserves the right to accept or reject any or all submittals received as a result of this
request, to negotiate with any qualified source, or to cancel in part or entirely the RFP.
The City reserves the right to reject any or all proposals in the City's sole discretion at any
time prior to an award.
II. SCOPE OF SERVICES
The DBT shall design and construct all facility additions to comply with all the applicable
federal, state and local laws, including the American's with Disabilities Act-Accessibility
Guidelines (ADAAG) and Title 24 of the California Code of Regulations.
2014-06-17 Agenda Packet j Page 59
A. Project Control(All Phases)
The DBT shall develop and implement the following Project Management Plan and
Procedures:
1. Monthly project status reports (including schedule and budget updates)
2. Coordination/interface with the City and its other consultants/contractors
3. Progress meetings
4. Interface and communicate with other agencies, as directed by the City.
5. Vendors and subcontractors management
6. Document control
7. Schedule and budget control
8. Quality assurance and quality control
B. Design Phase Services
Utilizing the City's required standard specifications,facility program requirements,Federal,
State and local laws,and City performance and design criteria,approved planning documents
(if available), and reports that will be identified in the Design/Build contract, for a typical
project, the DBT will:
I. Prepare, submit and receive City approval for any site-specific
planning/environmental documents, if required.
2. Prepare design development and construction drawings and specifications
suitable for obtaining City approval and issuance of permits to allow for
construction.
3. Complete the design for all elements of the projects,including but not limited
to: landscape architectural,architectural design,civil engineering,structural
engineering,mechanical design,electrical design and any specialty consulting
area.
4. Incorporate the requirements of permitting agencies as may become apparent
in the course of design. The DBT shall apply for and secure all permits and
provide all necessary reports, studies and support required to obtain all
required permits. In addition, the DBT shall research Air Pollution Control
District and noise abatement requirements, along with any hazardous
materials management requirements of NFPA, Cal-OSHA and the City Fire
Department. The DBT shall develop all appropriate environmental plans,
including but not limited to, an air pollution control plan, a noise abatement
plan and a hazardous materials management plan. The DBT shall submit and
obtain approval of an application for Storm Water Pollution Prevention Plan
to the appropriate authority. If required, the DBT shall incorporate
appropriate facilities in the design.
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5. Conduct site surveys and geotechnical investigations to the extent necessary
for final design. Survey and geotechnical information to be provided by the
City may be preliminary in nature and may not have sufficient accuracy or
scope to support final design.
6. Prepare cost estimates throughout all phase of project development.
7. Perform value-engineering reviews to reduce cost/and or add value,utilizing
all team members and City resources. Include recommendations to maximize
energy efficient and build a"green"or low-pollution proj ect. Prepare a Value
Engineering Report of all considerations, recommendations and decisions.
The goal is to maximize the quality of construction at a cost equal to or below
the Project Budget.
8. Perform Quality Control (QC) Review of the Drawings and Specifications
throughout all phases in order to correct errors and omissions and reduce the
quantity of Change Orders during the course of construction. Include a
detailed review of drawings and designs relative to Code Compliance Laws.
Organize and publish detailed QC Reports based on all findings.
9. Establish a Critical Path Method(CPM)Construction Schedule. Monitor and
update to keep the project on schedule.
10. Establish a bidding strategy. Identify,contract, and procure long lead items.
Create early bid packages where applicable.
11. Provide construction cost control estimates during the design to support value
engineering and constructability reviews.
12. Identify all permit requirements and prepare applications and support
documents necessary for obtaining all permits. Permit fees are not a part of
the cost of construction of the project.
13. The DBT shall be required to provide a cost estimate that will be used to
establish a Guaranteed Maximum Price (GMP). Any savings at the end of
the project will be deducted from the GMP and returned to the owner.
14. During the bidding of the Project, the DBT shall:
a. Create appropriate subdivisions of work into Bid Packages that reflect
the major items of work. A detailed scope of work will be included
with all bid packages.
b. Secure a minimum of three complete and competitive bids for each
package.
C. Receive and resolve all RFI's and bid questions.
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d. Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes of Work,
exclusions, etc. Ensure bids match DBT Scope of Work.
e. Provide cost spreadsheets which compares actual bids to cost
estimates.
15. Prepare draft Operations Manual Index to serve as the basis for preparing the
final operations Manual during the construction phase.
C. Construction Phase Services
The DBT shall construct the facility in accordance with the approved construction drawings,
specifications and associated permits. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate design team
members during the course of construction to review the status of the project.
2. Ensure the workmanship and materials provided are in accordance with the
Project Specifications and the Architects meet or exceed quality construction
industry standards for this type of work.
3. Provide list of required shop drawing submittals. Review shop-drawing
submittals for technical and code compliance. Provide copy to the City for
review and comment.
4. Provide resident engineering, contract administration, and inspection staff,
including specialists necessary for the functional, safe, on budget and on-
schedule completion of the Project,starting with the issuance of a Notice to
Proceed from the City and extending through issuance of Notice of
Completion and Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensure construction compliance with applicable local, state, and federal
codes, building and environmental permit requirements, and construction
mitigation documents and enforcement of the Contract Documents.
6. Purchase and install all necessary equipment and witness all factory and field
component,equipment and system testing as required by the project Contract
Documents.
7. Submit the proposed Quality Assurance/Quality Control(QA/QC)Plan to the
City for review. The Plan shall not be implemented without written approval
of the City.
8. Provide surveying, and other contracted services as required completing
projects construction. Coordinate City contracted testing and inspection
services during the course of construction.
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9. Develop, implement and manage a construction phase QA/QC. The Plan
shall include but not be limited to; 1) a statement and definition of QA/QC
goals;2)an identification of QA/QC criteria and elements;3)development of
the project QA/QC implementation plan; 4) development of the QA/QC
materials, components, equipment and system testing plans; and, 5)
enforcement of the plans and specifications.
10. Be responsible for preparing the Critical Path Method (CPM) schedule
utilized during the proj ect construction and startup activities. Use Microsoft
Project scheduling software consistent with the City reporting system.
11. Develop a proj ect-specific Plan for defining,tracking and reporting cash flow
activity requirements and submit such plan to the City for review and
approval prior to implementation.
12. Develop a project-specific Change Order Administration Plan for review
and approval by the City. Upon written approval of the Plan, the DBT shall
initiate implementation. The Plan shall define the required Change Order
procedures, including requirements for requesting, developing, approving,
and filing.
13. Implement and maintain an internal records management and document
control system as required to support project operations. The DBT shall
provide records management and document control information in a manner
consistent with the citywide Prolog Management reporting/filing system.
14. The DBT shall develop an on-site Project Safety Plan for review and
approval by the City. The DBT shall administer and enforce the City
approved on-site Project Safety Plan for the Project. The DBT shall monitor
and enforce construction responsibility for safety and health issues relating to
all workers at the Project Site. This shall include workers in direct
employment to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written arrangement
with the DBT.
15. Report accidents,claims,and other on-going safety related issues to the City
in a manner consistent with Citywide reporting systems.
D. Operations and Startup Phase Services
1. The DBT shall prepare,submit for City review and written approval a Project
Startup and Testing Plan for the Project. The DBT shall fully implement the
plan.
2. The DBT shall conduct Operator Training Sessions for personnel.
3. The DBT shall supervise, manage, and coordinate all project startup and
testing activities for all systems.
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4. Provide operation and maintenance manuals for equipment purchase and
installed by DBT.
5. The DBT shall report progress of project startup and testing to the City in a
manner consistent with the City's reporting system.
6. The DBT shall coordinate and expedite record drawings and specifications.
7. The DBT shall prepare final accounting and close out reports.
8. The DBT shall prepare occupancy plan reports.
9. Post Construction: DBT shall coordinate an 11-month walk through of the
Project to review guarantee/warranty items. DBT shall coordinate all
corrective work with the responsible parties and the City. The DBT shall
report to the City all guarantee/warranty disputes. The DBT shall proceed to
resolve such disputes after having submitted to the City for review and
approval the DBT's approach for obtaining resolution of the dispute.
III. DESIGN BUILDER SELECTION PROCESS
Candidates will compete first on the basis of experience, design talent, past performance,
resources,construction management skills and first phase schedule of values. Selected DB
may be requested to coordinate and negotiate with a City appointed design team that will be
involved in the final planning/ design of the project. Contracts will be awarded in
accordance with the Chula Vista Municipal code and the Design/Build ordinance as outlined
in Section .257 of the Chula Vista Municipal Code.
IV. REQUEST FOR PROPOSALS SCHEDULE
The following schedule applies to the solicitation,receipt and evaluation of the Statement of
Qualifications (SOQ) and the selection of the DB. This RFP schedule is subject to
modification in the City's sole discretion:
Advertise and Issue RFP May 7, 2013
SOQ Submittals Due May 29, 2013
City may Interview Qualified Candidates June 2013
City Council Certifies DB July 2013
V. PUBLIC DISCLOSURE
Under the California Public Records Act Under the California Public Records Act
(California Government Code Section 6250 et seq.)records in the custody of a public entity
generally have to be disclosed unless the information being sought falls into one or more of
the exemptions to disclosure set out in Government Code Sections 6254 through 6255.The
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2014-06-17 Agenda Packet Page 64
cover letter of the submittal should contain a paragraph that states whether or not DBT
believes that its submittal does or does not contain information that falls into one of the
exemptions of Government Code Sections 6254 through 6255 and whether or not DBT
considers such information to be confidential.
In the absence of a declaration, City may be obligated to disclose proposal to any party that
requests it. Regardless of assertions of confidentiality, proposal contents may still be
disclosed if City,or a court with jurisdiction,determines that such proposal is a public record
requiring disclosure.
VI. SUBNHTTAL REQUIREMENTS
The submittal deadline is May 29, 2013,no later than 2:00 P.M. (PST) at the City of
Chula Vista, PublicWorks-Engineering Department. 276 Fourth Avenue Building 200.
Chula Vista, CA 91910.
1. Three (3) single-spaced copies, no more than 20 pages plus attachments in
length, excluding exhibits and appendices, are required for submittal.
Submittals should be as brief as possible,while adequately describing how
the DBT will approach the design build work program. Proposal creativity is
encouraged, but extravagance in proposal style and format is discouraged.
SOQ shall include:
A letter of interest
Summary of Qualifications
Organizational Chart for project Team
Design Build fee structure
Resume (of key DB members)
Detailed Design Build experience
Client References
Schedule of Rates
2. The submittal should focus on previous experience developing public
projects as well as knowledge of issues germane to large scale development
projects, a demonstrated ability to implement creative solutions to complex
planning issues and a demonstrated ability to complete complex tasks within
the parameters of a fast-paced performance schedule and within the terms of
the contract.
3. The submittal shall also provide the name, title, address, and telephone
number of individual(s)with authority to negotiate for the candidate and also
who may be contacted during the period of submittal evaluation.
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4. Statement of the DBT's ability, if selected,to enter into a City contract with
the City of Chula Vista,and ability to avoid conflicts of interest on this or any
other public or private projects.
5. Other Information
a. Description of insurance coverage for prime respondent and co-
venture partner(s) (types of coverage and policy limits, deductible,
exclusions, and outstanding claims).
b. Description of in-house resources for prime respondent and co-
venture partner(s)(i.e.,computer capabilities,software applications,
model protocol, and modeling programs, etc.)
C. Respondents should provide, on a strictly confident basis, the
following information:
1) Copy of financial statements submitted to the IRS for the last
two years, due upon acceptance of proposal
2) List of projects completed in the last year
3) List of projects currently under development, or construction
with status,development schedule and financial commitment
4) List of projects currently involved in litigation or unresolved
claims for the contract
7. Incomplete submittals,incorrect information,or late submittals may be cause
for immediate disqualifications.
VII. CONTRACT TERMS AND CONDITIONS
City retains the right to reject any or all submittals. All respondents should note that the
execution of any contract pursuant to this RFP is dependent upon the approval of the Chula
Vista City Council in its sole discretion.
Selection is also dependent upon the negotiation of a mutually acceptable contract with the
successful respondent. The contract shall be prepared on a form acceptable to the City. The
form of compensation shall be negotiated. The City reserves the right to propose a variety of
compensation structures,including: 1)time and materials not to exceed,2)guaranteed lump
sum, and 3)percentage of project costs.
City reserves the right on a project specific basis to request insurance including, but not
limited to: increased limits of Liability coverage, CA admitted carriers A.M. Best rated no
less than A V. Additional Insured Endorsement which does not exclude Completed
Operations, Excess Liability, Pollution Liability, E&O / Professional Liability Extended
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Reporting Period excess of 2 years, Completed Operations Coverage of up to ten years,
Contractor Controlled or"Wrap Up"Insurance Program, Bonds.
Each submittal shall be valid for not less than one hundred and twenty (120)days from the
date of receipt. The firm(s) selected to perform the work described in this RFP will be
required to provide minimum evidence of insurance as follows:
1. Commercial General Liability insurance, ISO CG 0001 Occurrence form,
with limits of not less than$2,000,000 per occurrence per project. Policy to
include endorsement naming City of Chula Vista, its officers, officials,
employees and volunteers as Additional Insured against all liability of the
DB,its subcontractors,and its authorized representatives,arising out of,or in
connection with, the performance of work under the contract with the City.
Policy is to be endorsed to state it is Primary to any other insurance available
to the City of Chula Vista and that insurer will provide THIRTY (30) days
written notice to the City Clerk of the City of Chula Vista of cancellation or
material change.
2. Commercial Automobile Liability Insurance,ISO CA 0001 form,Any Auto
code, with a combined single limit of not less than $1,000,000,_covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
3. Workers' Compensation and Employer's Liability insurance, for all
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less than Employer's
Liability limit for Bodily injury by Accident$1,000,000,each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
4. Professional Liability insurance shall be required of said firm for professional
liability or errors and omissions insurance with a per claim limit of not less
than $2,000,000 for services performed by the Design contractors and any
subcontractors performing design services. The policy shall contain an
extended reporting period of not less than 2 years.
5. Builder's Risk Property Insurance may be provided by the DB. The DB will
add the City, its officials, officers, employees and volunteers as Loss Payee.
The insurance shall waive any right of recovery under subrogation for those
insured under this policy. The limit is to reflect full replacement cost of hard
cost construction values. Perils are to be all risk excluding Earthquake and
Flood. Perils are to include any transportation risk but is to exclude any
9
2014-06-17 Agenda Packet Page 67
equipment,machinery,tools, or property of similar nature,owned,rented or
used by DB or contractors.
6. Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contain at least the following
provisions:
a. Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
b. The words"will endeavor"and"but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives"will be deleted from the certificate.
C. Throughout the life of the Agreement, each and every contractor of
any tier shall pay for and maintain in full force and effect, with an
insurer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
The City reserves the right to modify the insurance requirements or to substitute project
insurance during contract negotiations.
Bonds may be required for individual projects as required by City Policy.
End of Request for Proposals
10
2014-06-17 Agenda Packet Page 68
PART 2
SPECIAL PROVISIONS—TECHNICAL
2-1 WORK TO BE DONE
The general scope of the project pertains to the design and construction of a kitten/rabbit viewing
enclosure and other improvements at the Chula Vista Animal Care Facility in the City of Chula
Vista,California. The City's intention is to phase the construction as foundation and grant funds are
obtained.
The work to be done includes all design,labor,material,equipment,transportation,interaction with
staff and scheduling necessary for the project as described in these documents.
The completed projects will be turn-key and work in general includes, but is not limited to the
following: an all new installation as outlined in,but not limited to the specifications listed below and
construction of all appurtenances and other work as may be necessary to render the improvements
operational when the project is considered complete.
The items are to be constructed or finished and installed in a complete and workmanlike manner,in
accordance with the plans,"Greenbook 2006"Standards and specifications and CBC 2011. Bidders
must have a valid"A or B"Contractor's certification from the California State Contractors License
Board.
Such other items or details not mentioned above, that are required by the manufacturers
recommendations,specifications,or these special provisions,shall be performed,placed,constructed
or installed as required for a complete proiect.
Phase 1:
Complete the electrical,mechanical and plumbing design for the original documents and construct a
469 sq. ft. new building per plans using value engineering to bring the completed project in, at, or
below $150,000. The project shall be coordinated and built to accommodate phase 2.
Phase 2:
Complete the electrical,mechanical and plumbing design for the original documents and construct a
610 sq.ft.new building per plans using value engineering to complete the building proj ect started in
Phase 1. Install a fire alarm system in the main building and complete any ADA requirements for the
entire project.
Phase 3:
Design and construct an approximately 600 sq.ft. storefront entrance,a 200 sq.ft.enclosed receiving
area and create a 480 sq. ft. conditioned space in a pre-fab metal storage building to complete the
proj ect.
Value engineer above items to bring project into overall remaining budget.
11
2014-06-17 Agenda Packet Page 69
ATTACHMENT I
SAMPLE DESIGN BUILD AGREEMENT
12
2014-06-17 Agenda Packet Page 70
ATTACHMENT 2
PRELIMINARY PLANS
13
2014-06-17 Agenda Packet Page 71
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RESOLUTION 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE DESIGN/BUILD
AGREEMENT WITH BALFOUR BEATTY
CONSTRUCTION FOR THE DESIGN AND
CONSTRUCTION OF IMPROVEMENTS AT THE ANIMAL
CARE FACILITY AND AMENDING THE GENERAL FUND
TO REFLECT AN APPROPRIATION OF $34,186 TO CIP
GG221 (4/5THS VOTE REQUIRED)
WHEREAS, the current capacity of the Chula Vista Animal Care Facility (ACF)
is 80 to 100 cats and kittens. Expanding the ACF will diminish overcrowding of the
kitten population and improve conditions for housing rabbits; and
WHEREAS, the Kitten/Rabbit addition is the second phase of the Cattery
Expansion conducted in 2012. Further expanding the size of the existing Cattery with a
completely new stand-alone building will assist in accommodating the high seasonal
number of adoptable cats, kittens and rabbits; and
WHEREAS, the City released a Request for Proposals (RFP) in May 2013 for
design-build services to address expanding the Animal Care Facility as described. Three
firms from the City's approved design build list were sent RFPs. The Director of Public
Works received one(1)proposal for the project,from Balfour Beatty Construction; and
WHEREAS, as part of the Statement of Qualification (SOQ) proposal, Balfour
Beatty, the Design Builder(D/B), submitted an estimated cost for all three (3) phases of
the Project and an estimate of capital required to finish the Project per phase should
further donations and grants be obtained. The D/B also acknowledges that phase one,
the Kitten/Rabbit Enclosure, is a stand-alone project and that there may not be any
additional phases of work; and
WHEREAS, additional funds of $34,186 will be transferred to GG221. These
costs will be offset by savings identified in the Non-Departmental budget.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby approve a design-build contract for the Kitten/ Rabbit
Enclosure Project (CIP GG 221) between the City and Balfour Beatty Construction in
the amount of$195,186 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 the same.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista,
that it approves the following budget amendments totaling $34,186 in the Non-
Departmental budget: the transfer of$4,186 from the ACF Cattery Project CIP GG213
to the Kitten/Rabbit Enclosure Project CIP GG221 and the transfer of$30,000 from the
Supplies and Services category to the Capital Improvement Project category for the
Kitten/Rabbit Enclosure Project CIP GG221.
2014-06-17 Agenda Packet Page 73
Presented by Approved as to form by
Richard A. Hopkins Glen R. Googins
Director of Public Works City Attorney
2014-06-17 Agenda Packet Page 74
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01,prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor,material supplier.
Ci+q Of Chula visfA
U r 5GA vi,LLC
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Norte
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N f�
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you ha e assigned to represent you before the City in this matter.
DA id J . Kris
ri C hi11
5. Has any person* associated with this contract had any financial dealings with an official** of the
City of Chula Vista as it relates to this contract with the past 12 months? Yes No
2014-06-17 Agenda Packet Page 75
City of Chula Vista Disclosure Statement
If yes,briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than$250 within the past twelve (12)months to a current
member of the Chula Vista City Council? No—)<,- Yes If yes, which Council member?
7. Have you provided more than$340 (or an item of equivalent value) to an official** of the City of
Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes No
If Yes, which official" and what was the nature of item provided?
Date: 2 j y —r
afore of Contractor/Applicant
Brim H.Cahill
Presl ftp Southwest Dividon
Print or type name of Contractor/Applicant
* Person is defined 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 of 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, employee, or staff members.
2014-06-17 Agenda Packet Page 76
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH PFM
ASSET MANAGEMENT LLC TO PROVIDE INVESTMENT
MANAGEMENT SERVICES AND AUTHORIZING THE CITY
MANAGER TO EXERCISE TWO ONE-YEAR OPTIONS TO
EXTEND THE AGREEMENT
WHEREAS, the Finance Department currently manages the City's Investment Portfolio
of approximately $120 million with in-house staff, and
WHEREAS, the City has never had an investment advisor manage the City's portfolio;
and
WHEREAS, a Request for Proposal ("RFP") to provide investment management services
for the City was issued March 25, 2014, and closed on April 21, 2014; and
WHEREAS, the RFP was posted electronically on PlanetBids.Com, a web-based vendor
and bid management system that is widely used by other local agencies, and was sent directly to
investment advisory firms that had expressed an interest in performing investment management
services for the City; and
WHEREAS, a Selection Committee composed of the Director of Finance/Treasurer;
Assistant Director of Finance, Finance Manager and Treasury Manager was formed to evaluate
the proposals; and
WHEREAS, four proposals were received and were required to meet minimum
qualifications in order to be considered for selection; and
WHEREAS, if the proposing firm met the minimum qualifications then their proposal
was further evaluated based on criteria articulated in the RFP; and
WHEREAS, the Selection Committee deemed one proposal as non-responsive and
interviewed the three remaining firms; and
WHEREAS, based on all selection factors, the Selection Committee recommends PFM
Asset Management LLC ("PFM") to manage the City's investment portfolio; and
WHEREAS, PFM 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the Agreement to Provide Investment Management Services between the
City and PFM, 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
2014-06-17 Agenda Packet Page 77
Resolution No. 2014-
Page 2
Clerk, authorizes the City Manager to exercise two one-year options to extend the Agreement,
and authorizes and directs the Mayor to execute the Agreement.
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Director of Finance City Attorney
2014-06-17 Agenda Packet Page 78
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Glen R. Googins,..
City Attorney
Dated:
3
AGREEMENT
BETWEEN
THE CITY OF CHULA VISTA AND 3
PFM ASSESSMENT MANAGEMENT, LLC
TO PROVIDE INVESTMENT MANAGEMENT SERVICES
I
I
1
2014-06-17 Agenda Packet Page 79
. ........... ..................... ... . .... .. .. ..
Agreement between
City of Chula Vista
and
PFM Asset Management LLC,
To Provide Investment Management Services
This agreement (Agreement), effective June 17, 2014, is between the City-related entity
whose name and business form is indicated on Exhibit A, Paragraph 2, (City), and the entity
whose name, business form, place of business and telephone numbers are indicated on Exhibit A,
Paragraphs 4 through 6, (Consultant), and is made with reference to the following facts:
RECI'T'ALS
WHEREAS, the Finance Department currently manages the City's investment pool, and
WHEREAS, the Finance Department issued a Request for Proposal for Investment
Management Services on March 25, 2014, and
WHEREAS, the Finance Department was seeking the services of a Registered Investment
Advisor to manage the City's Investment Portfolio of$120 million, and
WHEREAS, there were four proposals received for Investment Management Services by the
April 21, 2014 closing date, and
WHEREAS, a selection committee reviewed the four proposals and interviewed three of the
proposers, and
WHEREAS, the selection committee recommends that PFM Asset Management LLC be
awarded the contract for investment management services, and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement
[End of Recitals. Next Page Starts Obligatory Provisions.]
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Two Party Agreement Between the City of Chula Vista and PFM,4sset Nlana ement LLC to Provide Investment Management Services.
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Revised 09/18113 JMM
OBLIGATOR'PROVISIONS PAGES
NOW, THEREFORE, for valuable consideration the City and Consultant do hereby mutually
agree as follows:
All of the Recitals above are incorporated into this Agreement by this reference.
ARTICLE 1. CONSULTANT'S OBLIGATIONS
A. General
1. General Duties. Consultant shall perform all of the services described on Exhibit A,
Paragraph 7 (General Duties).
2. Scone of Work and ,Schedule. In performing and delivering the General Duties,
Consultant shall also perform the services, and deliver to City the "Deliverables"
described in Exhibit A, Paragraph 8, entitled "Scope of Work and Schedule," according
to, and within the time frames set forth in Exhibit A, Paragraph 8, time being of the
essence of this agreement. The General Duties and the work and Deliverables required in
the Scope of Work and Schedule shall be referred to as the "Defined Services." Failure to
complete the Defined Services by the times indicated does not, except at the option of the
City,terminate this Agreement.
a. Reductions in Scope of Work City may independently, or upon request from
Consultant, from time to time, reduce the Defined Services to be performed by the
Consultant under this Agreement. Upon doing so, City and Consultant agree to meet
in good faith and confer for the purpose of negotiating a corresponding reduction in
the compensation associated with the reduction.
b. Additional Services. In addition to performing the Defined Services, City may
require Consultant to perform additional consulting services related to the Defined
Services (Additional Services), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform same on a time and
materials basis at the rates set forth in the "Rate Schedule" in Exhibit A,
Paragraph 10(C), unless a separate fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
3. Standard of Care. The Consultant expressly warrants that the work to be performed
pursuant to this Agreement, whether Defined Services or Additional Services, shall be
performed in accordance with the standard of care ordinarily exercised by members of
the profession currently practicing under similar conditions and in similar locations.
a. 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.
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L Two Party Agreement Between the City of Chula rista and PFMAsset ManaKentent.LLC to Provide Investment Managgment Services.
2014-06-17 e d 9/Gis} ApoDaffloeal`,9em TFh, Part A reeinerzedoca tz Page 81
... .... ........ . ... .. ... ..
B. Application of Laws. Should a federal or state law pre-empt a local law, or regulation, the
Consultant must comply with the federal or state law and implementing regulations. No
provision of this Agreement requires the Consultant to observe or enforce compliance with
any provision, perform any other act, or do any other thing in contravention of federal, state,
territorial, or local law, regulation, or ordinance. If compliance with any provision of this
Agreement violates or would require the Consultant to violate any law, the Consultant agrees
to notify City immediately in writing. Should this occur, the City and the Consultant agree
that they will make appropriate arrangements to proceed with or, if necessary, amend or
terminate this Agreement, or portions of it, expeditiously.
1. Subcontractors. Consultant agrees to take appropriate measures necessary to ensure that
all participants utilized by the Consultant to complete its obligations under this
Agreement, such as subcontractors, comply with all applicable laws, regulations,
ordinances, and policies, whether federal, state, or local, affecting Project
implementation. In addition, if a subcontractor is expected to fulfill any responsibilities of
the Consultant under this Agreement, the Consultant shall ensure that the subcontractor
carries out the Consultant's responsibilities as set forth in this Agreement.
C. Insurance
1. General. Consultant must procure and maintain, during the period of performance of this
Agreement, and for twelve months after completion, policies of insurance from insurance
companies to protect against claims for injuries to persons or damages to property that may arise
from or in connection with the performance of the work under this Agreement and the results of
that work by the Consultant, his agents, or employees, and provide documentation of same prior
to commencement of work. Consultant is not authorized to use subcontractors to perform its
obligations under this Agreement. If Consultant desires to use subcontractors, it must obtain
advance, written approval from City and submit Consultant's proof of insurance, including
naming City as a Certificate holder and Liability Additional Insured.
2. Minimum Scope of Insurance. Coverage must be at least as broad as:
a. CGL. Insurance Services Office Commercial General Liability coverage (occurrence
Form CG0001).
b.Auto. Insurance Services Office Form Number CA 0001 covering Automobile
Liability.
c. WC. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
d.E&O. Professional Liability or Errors & Omissions Liability insurance appropriate to
the Consultant's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
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Two Party Agreement Between the City of Chula Vista and PFM Asset lblanagement LLC to Provide Investment Management Services.
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lZevised D9/I8/13 7MM
3. Minimum Limits of Insurance. Consultant must maintain limits no less than those
included in the table below:
i. General Liability: $1,000,000 per occurrence for bodily injury,personal injury,
(Including (including death), and property damage. If Commercial General
operations, Liability insurance with a general aggregate limit is used, either
products and the general aggregate limit must apply separately to this
completed Project/location or the general aggregate limit must be twice the
operations, as required occurrence limit.
applicable)
ii. Automobile $1,000,000 per accident for bodily injury, including death, and
Liability: property damage.
iii. Workers' Statutory
Compensation $1,000,000 each accident
Employer's $1,000,000 disease-policy limit
Liability: $1,000,000 disease-each employee
iv. Professional $10,000,000 each claim
Liability or Errors
& Omissions
Liability:
4. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must
be declared to and approved by the City. At the option of the City, either the insurer will
reduce or eliminate such deductibles or self-insured retentions as they pertain to the City,
its officers, officials, employees and volunteers; or the Consultant will provide a financial
guarantee satisfactory to the City guaranteeing payment of losses and related
investigations, claim administration, and defense expenses.
5. Other Insurance Provisions. The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
a. Additional Insureds. City of Chula Vista, its officers, officials, employees, agents,
and volunteers are to be named as additional insureds with respect to all policies of
insurance, including those with respect to liability arising out of automobiles owned,
leased, hired or borrowed by or on behalf of the Consultant, where applicable, and,
with respect to liability arising out of work or operations performed by or on behalf of
the Consultant, including providing materials, parts or equipment furnished in
connection with such work or operations. The general liability additional insured
coverage must be provided in the form of an endorsement to the Consultant's
insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the endorsement
must not exclude Products/Completed Operations coverage.
b. Primary Insurance. The Consultant's General Liability insurance 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,
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Two Party Agreement Between the City of Chula Vista and PFHAsset Mangument LLC to Provide Investment Management Services.
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Page 83
Revised 09/18/13]MM
officials, employees, or volunteers is wholly separate from the insurance of the
Consultant and in no way relieves the Consultant from its responsibility to provide
insurance.
c. Cancellation. The insurance policies required by this Agreement shall not be canceled
by either party, except after thirty days' prior written notice to the City by certified
mail, return receipt requested. 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" shall be deleted from all certificates.
d. Waiver of Subrogation. Consultant's insurer will provide a Waiver of Subrogation in
favor of the City for each required policy providing coverage for the term required by
this Agreement. In addition, Consultant waives any right it may have or may obtain
to subrogation for a claim against the City.
6. Claims Forms. If General Liability, Pollution and/or Asbestos Pollution Liability and/or
Errors & Omissions coverage are written on a claims-made form:
a. Retro Date. The "Retro Date" must be shown, and must be before the date of the
Agreement or the beginning of the work required by the Agreement.
b. Maintenance and Evidence. Insurance must be maintained and evidence of insurance
must be provided for at least five years after completion of the work required by the
Agreement.
c. Cancellation. 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 the
Agreement, the Consultant must purchase "extended reporting" coverage for a
minimum of five years after completion of the work required by the Agreement.
d. Copies. A copy of the claims reporting requirements must be submitted to the City
for review.
7. Acceptability of Insurers. Insurance is to be placed with licensed insurers admitted to
transact business in the State of California with a current A.M. Best's rating of no less
than A V. If insurance is placed with a surplus lines insurer, insurer must be listed on the
State of California List of Eligible Surplus Lines Insurers (LESLI) with a current A.M.
Best's rating of no less than A X. Exception may be made for the State Compensation
Fund when not specifically rated.
8. Verification of Coverage. Consultant shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by Section I.C. of this Agreement.
The endorsements should be on insurance industry forms, provided those endorsements
or policies conform to the requirements of this Agreement. All certificates and
endorsements are to be received and approved by the City before work commences. The
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Two Party Agreement Between the City of Chula Vista and PFMAsset Management LLC to Provide Investment Management Services.
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Revised 69/18/13 JAM
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.
9. Subcontractors. Consultant is not authorized to use subcontractors to perform its
obligations under this Agreement. If Consultant desires to use subcontractors, it must
obtain advance, written approval from City and Consultant must include all
subcontractors as insureds under its policies or furnish separate certificates and
endorsements for each subcontractor. All coverage for subcontractors is subject to all of
the requirements included in these specifications.
10. Not a Limitation of Other,Obliaations. Insurance provisions under this Article shall not
be construed to limit the Consultant's obligations under this Agreement, including
Indemnity.
11. Additional„Coverage. To the extent that Insurance coverage exceeds the minimums
identified in section 3, recovery shall not be limited to the insurance minimums, but shall
instead extend to the actual policy limits.
D. Security for Performance
1. Performance Bond. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Performance Bond (indicated by a check mark in the
parenthetical space immediately preceding the subparagraph entitled "Performance
Bond"), then Consultant shall provide to the City a performance bond, in the amount
indicated at Exhibit A, Paragraph 18, in the form prescribed by the City and by such
sureties which are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570,
http://www.firns.treas.gov/c570, and whose underwriting limitation is sufficient to issue
bonds in the amount required by the Agreement, and which also satisfy the requirements
stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified
copy of such agent's authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to issue bonds for the limits
so required. Form must be satisfactory to the Risk Manager or City.
2. Letter of Credit. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical
space immediately preceding the subparagraph entitled "Letter of Credit"), then
Consultant shall provide to the City an irrevocable letter of credit callable by the City at
its unfettered discretion by submitting to the bank a letter, signed by the City Manager,
stating that the Consultant is in breach of the terms of this Agreement. The letter of
credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk
Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit,"in Exhibit A, Paragraph 18.
3. Other Security. In the event that Exhibit A, at Paragraph 18, indicates the need for
Consultant to provide security other than a Performance Bond or a Letter of Credit
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(indicated by a check mark in the parenthetical space immediately preceding the
subparagraph entitled "Other Security"), then Consultant shall provide to the City such
other security therein listed in a form and amount satisfactory to the Risk Manager or
City Attorney.
E. Business License. Consultant agrees to obtain a business license from the City and to
otherwise comply with Title S of the Chula Vista Municipal Code.
ARTICLE IL CITY OBLIGATIONS
A. Consultation and Cooperation. City shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule, and to provide direction and
guidance to achieve the objectives of this Agreement. The City shall allow Consultant access
to its office facilities, files and records, as deemed necessary and appropriate by the City,
throughout the term of this Agreement. In addition, City agrees to provide the materials
identified at Exhibit A, Paragraph 9, with the understanding that delay in the provision of
those materials beyond thirty days after authorization to proceed, shall constitute a basis for
the justifiable delay in the Consultant's performance.
B. Compensation.
1. Following Receipt of Billing. Upon receipt of a properly prepared bill from Consultant,
submitted to the City as indicated in Exhibit A, Paragraph 17, but in no event more
frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 17,
City shall compensate Consultant for all services rendered by Consultant according to the
terms and conditions set forth in Exhibit A, Paragraph 10, adjacent to the governing
compensation relationship indicated by a "checkmark" next to the appropriate
arrangement, subject to the requirements for retention set forth in Paragraph 18 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in
Exhibit A, Paragraph 11.
2. Supporting Information. Any billing submitted by Consultant shall contain sufficient
information as to the propriety of the billing, including properly executed payrolls, time
records, invoices, contracts, or vouchers describing in detail the nature of the charges to
the Project in order to permit the City to evaluate that the amount due and payable is
proper, and such billing shall specifically contain the City's account number indicated on
Exhibit A, Paragraph 17(C)to be charged upon making such payment.
3. Exclusions. In determining the amount of the compensation City will exclude any cost:
1) incurred prior to the effective date of this Agreement; or 2) arising out of or related to
the errors, omissions, negligence or acts of willful misconduct of the Consultant, its
agents, employees, or subcontractors.
a. Errors and Omissions. In the event that the City Administrator determines that
the Consultant's negligence, errors, or omissions in the performance of work
under this Agreement has resulted in expense to City greater than would have
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resulted if there were no such negligence, errors, omissions, Consultant shall
reimburse City for any additional expenses incurred by the City. Nothing in this
paragraph is intended to limit City's rights under other provisions of this
Agreement.
4. Payment Not Final Approval. The Consultant understands and agrees that payment to the
Consultant for any Project cost does not constitute a City final decision about whether
that cost is allowable and eligible for payment under the Project and does not constitute a
waiver of any violation of Consultant of the terms of the Agreement. The Consultant
acknowledges that City will not make a final determination about the eligibility of any
cost until the final payment has been made on the Project or the results of an audit of the
Project requested by the City has been completed, whichever occurs latest. If City
determines that the Consultant is not entitled to receive any portion of the compensation
due or paid, City will notify the Consultant in writing, stating its reasons. The Consultant
agrees that Project closeout will not alter the Consultant's responsibility to return any
funds due City as a result of later refunds, corrections, or other similar transactions; nor
will Project closeout alter the right of City to disallow costs and recover funds provided
for the Project on the basis of a later audit or other review.
a. Consultant's Obligation to Pay. Upon notification to the Consultant that specific
amounts are owed to City, whether for excess payments or disallowed costs, the
Consultant agrees to remit to City promptly the amounts owed, including applicable
interest.
ARTICLE Ill. ETHICS
A. Financial Interests of Consultant
1. Consultant is Designated as an FPPC ,Filer. If Consultant is designated on Exhibit A,
Paragraph 14, as an "FPPC filer," Consultant 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 Paragraph 14 of Exhibit A, or if
none are specified,then as determined by the City Attorney.
2. No Participation in Decision. Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in any way attempt to use
Consultant's position to influence a governmental decision in which Consultant knows or
has reason to know Consultant has a financial interest other than the compensation
promised by this Agreement.
3. Search to Determine Economic Interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant warrants and represents that Consultant has diligently
conducted a search and inventory of Consultant's economic interests, as the term is used
in the regulations promulgated by the Fair Political Practices Commission, and has
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determined that Consultant does not, to the best of Consultant's knowledge, have an
economic interest which would conflict with Consultant's duties under this Agreement.
4. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is
designated as an FPPC Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during the term of this
Agreement which would constitute a conflict of interest as prohibited by the Fair Political
Practices Act.
5. Duty to Advise of Conflicting interests. Regardless of whether Consultant is designated
as an FPPC Filer, Consultant further warrants and represents that Consultant will
immediately advise the City Attorney if Consultant learns of an economic interest of
Consultant's that may result in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
6. Specific Warranties Against Economic ,interests. Consultant warrants, represents and
agrees that:
a. Neither Consultant, nor Consultant's immediate family members, nor Consultant's
employees or agents (Consultant Associates) presently have any interest, directly or
indirectly, whatsoever in any property which may be the subject matter of the Defined
Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, (Prohibited
Interest), other than as listed in Exhibit A, Paragraph 14.
b. No promise of future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant Associates in connection
with Consultant's performance of this Agreement. Consultant promises to advise City
of any such promise that may be made during the Term of this Agreement, or for
twelve months thereafter.
c. Consultant Associates shall not acquire any such Prohibited Interest within the Term
of this Agreement, or for twelve months after the expiration of this Agreement,
except with the written permission of City.
d. Consultant may not conduct or solicit any business for any party to this Agreement,
or for any third parry that may be in conflict with Consultant's responsibilities under
this Agreement, except with the written permission of City.
IV. LIQUIDATED DAMAGES
A. Application of Section. The provisions of this section apply if a Liquidated Damages Rate
is provided in Exhibit A, Paragraph 13.
1. Estimatinja Damages. It is acknowledged by both parties that time is of the essence in the
completion of this Agreement. It is difficult to estimate the amount of damages resulting
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from delay in performance. The parties have used their judgment to arrive at a reasonable
amount to compensate for delay.
2. Amount of Penalty. Failure to complete the Defined Services within the allotted time
period specified in this Agreement shall result in the following penalty: For each
consecutive calendar day in excess of the time specified for the completion of the
respective work assignment or Deliverable, the Consultant shall pay to the City, or have
withheld from monies due, the sum of Liquidated,Damages Rate provided in Exhibit A,
Paragraph 13 (Liquidated Damages Rate).
i
3. Request for Extension of Time. If the performance of any act required of Consultant is
directly prevented or delayed by reason of strikes, lockouts, labor disputes, unusual
governmental delays, acts of God, fire, floods, epidemics, freight embargoes, or other
causes beyond the reasonable control of the Consultant, as determined by the City,
Consultant shall be excused from performing that act for the period of time equal to the
period of time of the prevention or delay. In the event Consultant claims the existence of
such a delay, the Consultant shall notify the City's Contract Administrator, or designee, in
writing of that fact within ten calendar days after the beginning of any such claimed
delay. Extensions of time will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress of the work.
ARTICLE V. INDEMNIFICATION
A. Defense, Indemnity, and Hold Harmless.
1. General Requirement. To the maximum extent allowed by law, Consultant shall defend,
indemnify, protect and hold harmless the City, its elected and appointed officers, agents
and employees, from and against any and all claims, demands, causes of action, costs,
expenses, (including reasonable attorney's fees and actual 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 direct performance of the Defined Services, the
results of such direct performance, or this Agreement. This indemnity provision does not
include any claims, damages, liability, costs and expenses arising from the sole
negligence or sole willful misconduct of the City, its officers, employees. 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 City, its agents, officers, or employees 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.
2. Design Professional Services. Notwithstanding the forgoing, if the services provided
under this Agreement are design professional services, as defined by California Civil
Code section 2782.5, 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.
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3. Costs of Defense and Award. Included in the obligations in Sections A.1 and A.2, above,
is the Consultant's obligation to defend, at Consultant's own cost, expense and risk, any
and all suits, actions or other legal proceedings, that may be brought or instituted against
the City, its directors, officials, officers, employees, agents and/or volunteers, subject to
the limitations in Sections A.I. and A.2. Subject to the limitations in Sections A.1. and
A.2., Consultant shall pay and satisfy any judgment, award or decree that may be
rendered against City or its directors, officials, officers, employees, agents and/or
volunteers, for any and all related legal expenses and costs incurred by each of them.
4. Insurance Proceeds. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its directors, officials, officers,
employees, agents, and/or volunteers.
5. Declarations. Consultant's obligations under Article V shall not be limited by any prior
or subsequent declaration by the Consultant.
6. Enforcement Costs. Consultant agrees to pay any and all costs City incurs enforcing the
indemnity and defense provisions set forth in Article V.
7. Survival. Consultant's obligations under Article V shall survive the termination of this
Agreement.
8. No Alteration of Other Obli atg ions. This Article V, shall in no way alter, affect or
modify any of the Consultant's other obligations and duties under this Agreement.
ARTICLE VI. TERMINATION OF AGREEMENT
A. Termination for Cause. If, through any cause, Consultant shall fail to fulfill in a timely and
proper manner Consultant's obligations under this Agreement, or if Consultant shall violate
any of the covenants, agreements or stipulations of this Agreement, City shall have the right
to terminate this Agreement by giving written notice to Consultant of such termination and
specifying the effective date thereof at least five (5) days before the effective date of such
termination. In. that event, all finished or unfinished documents, data, studies, surveys,
drawings, maps, reports and other materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be entitled to receive just and
equitable compensation, in an amount not to exceed that payable under this Agreement and
less any damages caused City by Consultant's breach, for any work satisfactorily completed
on such documents and other materials up to the effective date of Notice of Termination.
B. Termination of Agreement for Convenience of City. City may terminate this Agreement
at any time and for any reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least thirty (30) days before the
effective date of such termination. In that event, all finished and unfinished documents and
other materials described hereinabove shall, at the option of the City, become City's sole and
exclusive property. If the Agreement is terminated by City as provided in this paragraph,
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Consultant shall be entitled to receive just and equitable compensation, in an amount not to
exceed that payable under this Agreement, for any satisfactory work completed on such
documents and other materials to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation arising under this
Agreement except as set forth in this section.
ARTICLE VII. RECORD RETENTION AND ACCESS
A. Record Retention. During the course of the Project and for three (3) years following
completion, the Consultant agrees to maintain, intact and readily accessible, all data,
documents,reports,records, contracts, and supporting materials relating to the Project as City
may require.
B. Access to Records of Consultant and Subcontractors. The Consultant agrees to permit,
and require its subcontractors to permit City or its authorized representatives, upon request,
to inspect all Project work, materials, payrolls, and other data, and to audit the books,
records, and accounts of the Contractor and its subcontractors pertaining to the Project.
C. Project Closeout. The Consultant agrees that Project closeout does not alter the reporting
and record retention requirements of this Agreement.
ARTICLE VIII. PROJECT COMPLETION, AUDIT, AND CLOSEOUT
A. Project Completion. Within ninety (90) calendar days following Project completion or
termination by City, Consultant agrees to submit a final certification of Project expenses and
audit reports, as applicable.
B. Audit of Consultants. Consultant agrees to perform financial and compliance audits the
City may require. The Consultant also agrees to obtain any other audits required by City.
Consultant agrees that Project closeout will not alter Consultant's audit responsibilities. Audit
costs are allowable Project costs.
C. Project Closeout. Project closeout occurs when City notifies the Consultant that City has
closed the Project, and either forwards the final payment or acknowledges that the Consultant
has remitted the proper refund. The Consultant agrees that Project closeout by City does not
invalidate any continuing requirements imposed by the Agreement or any unmet
requirements set forth in a written notification from City.
ARTICLE IX. INVESTMENT ADVISOR PROVISIONS
(a) Services of Consultant. The City hereby engages the Consultant to serve as investment
advisor under the terms of this Agreement with respect to the funds described in this Agreement
and such other funds as the City may from time to time assign by written notice to the Consultant
(collectively the "Managed Funds"), and the Consultant accepts such appointment. In
connection therewith, the Consultant will provide investment research and supervision of the
Managed Funds investments and conduct a continuous program of investment, evaluation and,
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when appropriate, sale and reinvestment of the Managed Funds assets. The Consultant shall
continuously monitor investment opportunities and evaluate investments of the Managed Funds.
The Consultant shall furnish the City with statistical information and reports with respect to
investments of the Managed Funds. The Consultant shall place all orders for the purchase, sale,
loan or exchange of portfolio securities for the City's account with brokers or dealers
recommended by the Consultant and/or the City, and to that end the Consultant is authorized as
agent of the City to give instructions to the custodian designated by the City (the "Custodian') as
to deliveries of securities and payments of cash for the account of the City. In connection with
the selection of such brokers and dealers and the placing of such orders, the Consultant is
directed to seek for the City the most favorable execution and price,the determination of which
may take into account, subject to any applicable laws, rules and regulations,whether statistical,
research and other information or services have been or will be furnished to the Consultant by
such brokers and dealers. The Custodian shall have custody of cash, assets and securities of the
City. The Consultant shall not take possession of or act as custodian for the cash, securities or
other assets of the City and shall have no responsibility in connection therewith. Authorized
investments shall include only those investments which are currently authorized by the state
investment statutes and the applicable covenants and as supplemented by such other written
instructions as may from time to time be provided by the City to the Consultant. The Consultant
shall be entitled to rely upon the City's written advice with respect to anticipated drawdowns of
Managed Funds. The Consultant will observe the instructions of the City with respect to
broker/dealers who are approved to execute transactions involving the Managed Funds and in the
absence of such instructions will engage broker/dealers which the Consultant reasonably believes
to be reputable, qualified and financially sound.
(b) Pool Compensation. Assets invested by the Consultant under the terms of this
Agreement may from time to time be invested in a money market mutual fund managed by the
Consultant or local government investment pool managed by the Consultant (either, a "Pool") or
in individual securities. Average daily net assets subject to the fees described in this Agreement
shall not take into account any funds invested in the Pool. Expenses of the Pool, including
compensation for the Consultant and the Pool custodian, are described in the relevant prospectus
or information statement and are paid from the Pool.
(c) Expenses. The Consultant shall furnish at its own expense all necessary administrative
services, office space, equipment, clerical personnel,telephone and other communication
facilities, investment advisory facilities, and executive and supervisory personnel for managing
the Managed Funds. Except as expressly provided otherwise herein, the City shall pay all of its
own expenses including, without limitation,taxes, commissions, fees and expenses of the City's
independent auditors and legal counsel, if any, brokerage and other expenses connected with the
execution of portfolio security transactions, insurance premiums, and fees and expenses of the
Custodian.
(d) Registered Advisor; Duty of Care. The Consultant hereby represents it is a registered
investment advisor under the Investment Advisers Act of 1940. The Consultant shall
immediately notify the City if at any time during the term of this Agreement it is not so
registered or if its registration is suspended. The Consultant agrees to perform its duties and
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responsibilities under this Agreement with reasonable care. The federal securities laws impose
liabilities under certain circumstances on persons who act in good faith. Nothing herein shall in
any way constitute a waiver or limitation of any rights which the City may have under any
federal securities laws. The City hereby authorizes the Consultant to sign I.R.S. Form W-9 on
behalf of the City and to deliver such form to broker-dealers or others from time to time as
required in connection with securities transactions pursuant to this Agreement.
(e) Consultant's Other Clients. The City understands that the Consultant performs
investment advisory services for various other clients which may include investment companies,
commingled trust funds and/or individual portfolios. The City agrees that the Consultant, in the
exercise of its professional judgment, may give advice or take action with respect to any of its
other clients which may differ from advice given or the timing or nature of action taken with
respect to the Managed Funds. The Consultant shall not have any obligation to purchase, sell or
exchange any security for the Managed Funds solely by reason of the fact that the Consultant, its
principals, affiliates, or employees may purchase, sell or exchange such security for the account
of any other client or for itself or its own accounts.
(f) Force Majeure. The Consultant shall have no liability for any losses arising out of the
delays in performing or inability to perform the services which it renders under this Agreement
which result from events beyond its control, including interruption of the business activities of
the Consultant or other financial institutions due to acts of God, acts of governmental authority,
acts of war, terrorism, civil insurrection, riots, labor difficulties, or any action or inaction of any
carrier or utility, or mechanical or other malfunction.
(g) Disciplinary Actions. The Consultant shall promptly give notice to the City if the
Consultant shall have been found to have violated any state or federal securities law or regulation
in any final and unappealable judgment in any criminal action or civil suit in any state or federal
court or in any disciplinary proceeding before the Securities and Exchange Commission or any
other agency or department of the United States, any registered securities exchange, FINRA, or
any regulatory authority of any State based upon the performance of services as an investment
advisor.
(h) Books. The Consultant shall maintain records of all transactions in the Managed Funds.
The Consultant shall provide the City with a monthly statement showing deposits, withdrawals,
purchases and sales (or maturities) of investments, earnings received, and the value of assets held
on the last business day of the month. The statement shall be in the format and manner that is
mutually agreed upon by the Consultant and the City.
(i) Brochure and Brochure Supplement. The Consultant warrants that it has delivered to
the City prior to the execution of this Agreement the Consultant's current Securities and
Exchange Commission Form ADV, Part 2A (brochure) and Part 213 (brochure supplement). The
City acknowledges receipt of such brochure and brochure supplement prior to the execution of
this Agreement.
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ARTICLE X. MISCELLANEOUS PROVISIONS
A. Assignability. The services of Consultant are personal to the City, and Consultant shall not
assign any interest in this Agreement, and shall not transfer any interest in the same (whether
by assignment or notation), without prior written consent of City.
1. Limited Consent. City hereby consents to the assignment of the portions of the Defined
Services identified in Exhibit A, Paragraph 16 to the subconsultants identified as
"Permitted Subconsultants."
B. Ownership, Publication, Reproduction and Use of Material. All reports, studies,
information, data, statistics, forms, designs, plans, procedures, systems and any other
materials or properties produced under this Agreement shall be the sole and exclusive
property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in
part, any such reports, studies, data, statistics, forms or other materials or properties produced
under this Agreement.
C. Independent Contractor. City is interested only in the results obtained and Consultant shall
perform as an independent contractor with sole control of the manner and means of
performing the services required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any of the Consultant's agents,
employees or representatives are, for all purposes under this Agreement, independent
contractors and shall not be deemed to be 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. Therefore, City will not withhold state or federal income tax, social security tax or
any other payroll tax, and Consultant shall be solely responsible for the payment of same and
shall hold the City harmless with regard to them.
1. Actions_on Behalf of City. Except as City may specify in writing, Consultant shall have
no authority,express or implied, to act on behalf of City in any capacity whatsoever, as
an agent or otherwise. Consultant shall have no authority, express or implied, to bind
City or its members, agents, or employees, to any obligation whatsoever, unless expressly
provided in this Agreement.
2. No Obli ations to Third Parties. In connection with the Project, Consultant agrees and
shall require that its agents, employees, subcontractors agree that City shall not be
responsible for any obligations or liabilities to any third party, including its agents,
employees, subcontractors, or other person or entity that is not a party to this Agreement.
Notwithstanding that City may have concurred in or approved any solicitation,
subagreement, or third party contract at any tier, City shall have no obligation or liability
to any person or entity not a party to this Agreement.
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D. 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 from time to time be
amended, the provisions of which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by City in the implementation of same. 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.
E. Administration of Contract. Each party designates the individuals (Contract
Administrators) indicated on Exhibit A, Paragraph 12, as that party's contract administrator
who is authorized by the party to represent it in the routine administration of this Agreement.
F. Term. This Agreement shall terminate when the parties have complied with all executory
provisions hereof.
G. Statement of Costs. In the event that Consultant prepares a report or document, or
participates in the preparation of a report or document in performing the Defined Services,
Consultant shall include, or cause the inclusion of, in the report or document, a statement of
the numbers and cost in dollar amounts of all contracts and subcontracts relating to the
preparation of the report or document.
H. Consultant is Real Estate Broker and/or Salesman. If the box on Exhibit A, Paragraph 15
is marked, the Consultant and/or its principals is/are licensed with the State of California or
some other state as a real estate broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor its principals are licensed real estate brokers or salespersons.
I. 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 as the places of
business for each of the designated parties.
J. Integration. This Agreement, together with any other written document referred to or
contemplated in it, embody the entire Agreement and understanding between the parties
relating to the subject matter hereof. Neither this Agreement nor any provision of it may be
amended, modified, waived or discharged except by an instrument in writing executed by the
party against which enforcement of such amendment, waiver or discharge is sought.
K. Capacity of Parties. Each signatory and party to this Agreement warrants and represents to
the other party that it has legal authority and capacity and direction from its principal to enter
into this Agreement, and that all necessary resolutions or other actions have been taken so as
to enable it to enter into this Agreement.
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Two Party Agreement Between the City of Chula Vista and PF1vfAsset Management LLC to Provide Investment Manoufnent Services.
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......
L. Governing LawNcnue. 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 the federal or state courts located in San Diego County,
State of California, and if applicable, the City of Chula Vista, or as close thereto as possible.
Venue for this Agreement, and performance under it, shall be the City of Chula Vista.
(End of page. Next page is signature page.)
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Two Party Agreement Between the City of Chula Vista and AFNMRsse2 eLManMment LLC to Provide Investment Management Services.
2014-0647 i ' t`1''AT)yDam'.LDcallTemo'.1'kM-Two Pam Lmecnaont doe '_,,,, .,, ,...3. ,.n. ,, .,. _..�...;,_.., „a 10,,.� Page 96
Revised 0918113 divlM
Signature Page
to
Agreement between
City of Chula Vista and
PFM Asset Management LLC,
To Provide Investment Management Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement,
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
City of Chula Vista
By:
Cheryl Cox, Mayor
Attest:
i
Donna Norris, City Clerk
Approved as to form:
Glen R. Googins, City Attorney
PFM Asset Management LLC
By: _ .
Nancy Jones, M�nagjng Director
Exhibit List to Agreement: Exhibit A
[LIST ADDITIONAL EXHIBITS, AS NECESSARY]
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Two Party Agreement Between the City of Chula Vista and PFt Asset Management LLC to Provide Investment h2ana emeCrit Services
2014-06-kRevised 09/18/13 JNIIVI' ' Page 97
. . ......
Exhibit A
to
Agreement between
City of Chula Vista
and
PFM Asset Management LLC
1. Effective Date: The Agreement shall take effect upon full execution of the Agreement, as of
the effective date stated on page 1 of the Agreement.
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
O The Chula Vista Public Financing Authority, a
( } The Chula Vista Industrial Development Authority, a
( } Other: , a [insert business form]
(City)
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant:
PFM Asset Management LLC
i
5. Business Form of Consultant:
O Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Limited Liability Company
6. Place of Business, Telephone and Fax Number of Consultant:
601 South Figueroa, Suite 4500
Los Angeles, CA 90017
213.489.4075 Office
213.415-1631 Direct
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Two Party Agreement Between the City of Chula Vista and PFMAsset ManaUment LLC to Provide Investrntent Mana ement Services.
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7. General Duties:
PFM Asset Management will provide and perform services for the City to manage
investments in the City's portfolio.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
• Manage on a daily basis the City's investment portfolio pursuant to the specific, stated
investment objectives.
• Provide credit analysis of investment 'instruments in portfolio.
• Provide monthly/quarterly/annual reporting of City funds under management.
• Attend quarterly meetings in person when the Quarterly Investment Report is presented
to City Council.
• Evaluate market risk and develop strategies that minimize the impact on the portfolio.
• Provide assurance of portfolio compliance with applicable policies and laws.
• Establish an appropriate performance benchmark.
• Ensure that the portfolio structure matches the City's objectives.
• Review the City's Investment Policy and make recommendations for change as
appropriate.
• Serve as a general resource to City's staff for information, advice and training regarding
fixed-income investments.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
O Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: On-going from the Effective Date through June 30, 2017.
Deliverable No. 2:
Deliverable No. 3:
D. Date for completion of all Consultant services:
Consultant shall complete all work identified in sections 7.and 8, above, for fiscal years
2014-15, 201 5-16 and 2015-17. The work shall be on-going as the City requires guidance in
carrying out their fiduciary duties related to the investments in the City's investment portfolio.
All services shall be completed by June 30, 2017, unless City exercises its option to extend the
agreement for two additional years, as provided below.
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Two Party Agreement Between the City of Chula Vista and PFAf Asset Manaizement LLC to Provide Investment Dana ement Services.
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Revised 09/18113 JNIIV1
The City shall have the option to extend this agreement for two one-year terms: July 1, 2017-
June 30, 2018 and July 1, 2018- June 30, 2019, The City Manager shall have the authority to
exercise the options to extend. The City Manager may exercise each option by notifying the
Consultant of its intent to do so, by June 30, 2017, for the 2017-18 extension, and by June 30,
2018, for the 2018-19 extension.
9. Materials Required to be Supplied by City to Consultant:
10. Compensation:
A. (X) Single Fixed Fee Arrangement.
The City shall pay a fee for the scope of services listed in Section 8 based on the following
annual tiered-asset fee schedule:
® 10 basis points per year on the first $25 million of assets under management.
• 8 basis points per year on assets between$25 and $50 million under management.
7 basis points per year on assets between $50 and $100 million under management.
• 6 basis points per year on assets over $100 million under management.
Based on the above tiers, the City's estimated annual fee will be $92,000 based on the $120
million portfolio listed in the RFP as available for management. The fee will be higher if the
portfolio managed is greater than$120 million.
First$25M 0.0010% $ 25,000
$25M - $50M 0.0008% $ 20,000
$50M - $100M 0.0007% $ 35,000
> $100M 0.0006% $ 12,000
Total Annual Fee $ 92,000
Basis Points Charged 0.077%
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set
forth below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
{ } 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
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ed 0)!18113]MM
completed. If the Phase is satisfactorily completed,eted, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at the end of
the phase,the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided,but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
B. O Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant as are
separately identified below, City shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not
commence Services under any Phase, and shall not be entitled to the compensation for a Phase,
unless City shall have issued a notice to proceed to Consultant as to said Phase.
Phase Fee for Said Phase
I. $
2. $
3. $
O 1. Interim Monthly Advances. The City shall make interim monthly advances
against the compensation due for each phase on a percentage of completion basis for
each given phase such that, at the end of each phase only the compensation for that
phase has been paid. Any payments made hereunder shall be considered as interest
free loans that must be returned to the City if the Phase is not satisfactorily
completed. If the Phase is satisfactorily completed, the City shall receive credit
against the compensation due for that phase. The retention amount or percentage set
forth in Paragraph 18 is to be applied to each interim payment such that, at the end of
the phase, the full retention has been held back from the compensation due for that
phase. Percentage of completion of a phase shall be assessed in the sole and
unfettered discretion by the Contracts Administrator designated herein by the City, or
such other person as the City Manager shall designate, but only upon such proof
demanded by the City that has been provided, but in no event shall such interim
advance payment be made unless the Consultant shall have represented in writing that
said percentage of completion of the phase has been performed by the Consultant.
The practice of making interim monthly advances shall not convert this agreement to
a time and materials basis of payment.
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Two Party Agreement Between the City of Chula Vista and PFA4 Asset Management LLC to Provide Investment Management Services.
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imm
C. ( ) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule herein below according to the
following terms and conditions:
(1) O Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the Defined Services herein required of Consultant for $ ,
including all Materials, and other"reimbursable s" (Maximum Compensation).
(2) ( ) Limitation without Further Authorization on Time and Materials Arrangement
At such time as Consultant shall have incurred time and materials equal to
$ (Authorization Limit), Consultant shall not be entitled to
any additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense. See Exhibit B for wage rates.
( ) Hourly rates may increase by 6% for services rendered after [month], 20 , if delay
in providing services is caused by City.
11. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X)None, the compensation includes all costs.
Cost or Rate
O Reports, not to exceed $ $
O Copies, not to exceed$ $
O Travel, not to exceed$ $
O Printing, not to exceed $ $
O Postage, not to exceed $ $
{ ) Delivery, not to exceed$ $
( } Outside Services: $
O Other Actual Identifiable Direct Costs: $
not to exceed $ $
not to exceed $ $
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II Two Party Agreement Between the Oty of Chula Vista and PFM Asset Mana�menI LLC to Provide Investment ManaUment Services.
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12. Contract Administrators:
City: Phillip Davis, Assistant Director of Finance
i
Consultant: Sarah Meacham, Director
13. Liquidated Damages Rate: None.
O $ per day.
( } Other:
14. Statement of Economic Interests, Consultant Reporting Categories,per Conflict of Interest
Code (Chula Vista Municipal Code chapter 2.02):
(X) Not Applicable.Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. 1. Investments, sources of income and business interests.
O Category No. 2. Interests in real property.
{ ) Category No. 3. Investments, business positions, interests in real property, and
sources of income subj ect to the regulatory, permit or licensing authority of the
department administering this Agreement.
( ) Category No. 4. Investments and business positions in business entities and sources of
income that engage in land development, construction or the acquisition or sale of
real property.
O Category No. 5. Investments and business positions in business entities and sources
of income that, within the past two years, have contracted with the City of Chula
Vista or the City's Redevelopment Agency to provide services, supplies, materials,
machinery or equipment.
O Category No. 6. Investments and business positions in business entities and sources of
income that, within the past two years, have contracted with the department
administering this Agreement to provide services, supplies, materials, machinery or
equipment.
O List Consultant Associates interests in real property within 2 radial miles of Project
Property, if any:
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I
15. ( ) Consultant is Real Estate Broker and/or Salesman
16. Permitted Subconsultants: None.
17. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( } Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
O First of the Month
O 15th Day of each Month
(X) End of the Month
O Other:
C. City's Account Number: 09100-6301
18. Security for Performance
( ) Performance Bond, $
O Letter of Credit, $
( } Other Security:
Type:
Amount: $
( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant sooner, the City shall be entitled
to retain, at their option, either the following"Retention Percentage" or "Retention
Amount"until the City determines that the Retention Release Event, listed below, has
occurred:
( } Retention Percentage:
{ } Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
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( ) Other: The Retention Amount may be released on a monthly basis provided that
Consultant has performed said monthly services to the sole satisfaction of the Assistant City
Manager/Director of Development Services or his designee.
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3 Two Party Agreement Between the City of Chula Testa and PFMtt sset Management LLC to Provide Investment Management Services.
2014-06-17 :i se 1 Baa,Lncal,Ten ',PFVi-Two 1'arvAreere3t.doex e Page 105
APPENDIX B - RATE AND METHOD OF APPORTIONMENT
The following pages provide a copy of the District's Rate and Method of Apportionment included in
the Resolution of Intention and approved by the City Council on June 17, 2014.
Main Office
32605 Temecula Parkway,uite 100
Temecula,CA 92592
Toll free:800.676.7516 Fax:951.296.1998
Regional Office
870 Market Street,Suite 1223
San Francisco,CA 94102
Toll free:800.434.8349 Fax:415.391.8439
2014-06-17 Agenda Packet Page 106
EXHIBIT A
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA "C"
RATE AND METHOD OF APPORTIONMENT
OF SPECIAL TAXES
A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of
the City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement
Area C of the CFD and collected each Fiscal Year commencing in Fiscal Year 2002-03 in an
amount determined through the application of the rate and method of apportionment of the
Special Tax set forth below. All of the real property in the CFD, unless exempted by law or
by the provisions hereof, shall be taxed for the purpose, to the extent and in the manner
herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel
Map, the land area shown on the applicable Final Subdivision Map, other final map,
other parcel map, other condominium plan, or functionally equivalent map or
instrument recorded in the Office of the County Recorder. The square footage of an
Assessor's Parcel is equal to the Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being
Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means the actual or estimated costs incurred by the
City, acting for and on behalf of the CFD as the administrator thereof, to determine,
levy and collect the Special Taxes, including the salaries of City employees and a
proportionate amount of the City's general administrative overhead related to the
administration of the CFD; the costs of collected installments of the Special Taxes;
and any other costs required to administer Area C of the CFD as determined by the
City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with
an assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County
designating parcels by assessor's parcel number.
"Building Square Foot or Square Footage" means the square footage as shown
on an Assessor's Parcel's building permit of Residential Property excluding garages
or other structures not used as living space.
2014-06-17 Agenda Packet Page 107
"CFD Administrator" means an office of the City, or designee thereof, responsible
for determining the Special Tax Requirement and providing for the levy and
collection of the Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her
designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessors'
Parcels which are classified as community purpose facilities and meet the
requirements of City of Chula Vista Ordinance No. 2452.
"Council" means the City Council for the City of Chula Vista, acting as the
legislative body of the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was
issued prior to the March 1s' preceding the Fiscal year in which the Special Tax is
being levied.
"Final Map Property" means a single family residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating single family
residential buildable lots by recordation of a final subdivision map or parcel map
pursuant to the Subdivision Map Act (California Government Code Section 66410 et
seq.), or recordation of a condominium plan pursuant to California Civil Code 1352,
that creates individual lots for which building permits may be issued without further
subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Improvement Area C" or "Area C" means Improvement Area C of the CFD, as
identified on the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in
accordance with Section C below that may be levied in any Fiscal Year on any
Assessor's Parcel of Taxable Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property
for which a building permit(s) has been issued for a structure or structures for non-
residential use.
2014-06-17 Agenda Packet Page 108
"Operating Fund" means a fund that shall be maintained within the CFD for each
Fiscal Year to pay for Resource Monitoring and/or Preserve Operations and
Maintenance activities and Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at
the end of the preceding Fiscal Year.
"Operating Fund Requirement" means for any Fiscal Year an amount equal to the
Resource Monitoring Fund Requirement and Preserve Operation and Maintenance
Fund Requirement for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in
Attachment A hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any
Fiscal Year an amount equal to the budgeted costs for Preserve Operations and
Maintenance plus a pro-rata share of the budgeted Administrative Expenses of the
District for the current Fiscal Year in which Special Taxes are levied.
"Property Owner Association Property" means any property within the
boundaries Improvement Area C of the CFD that is owned by, or irrevocably
dedicated as indicated in an instrument recorded with the County Recorder to, a
property owner association, including any master or sub-association.
"Public Property" means any property within the boundaries of Improvement Area
C of the CFD that is, at the time of the CFD formation, expected to be used for any
public purpose and is owned by or dedicated to the federal government, the State,
the County, the City or any other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal
Year to provide necessary cash flow for the first six months of each Fiscal Year,
working capital to cover monitoring, maintenance, and repair cost overruns and
delinquencies in the payment of Special Taxes and a reasonable buffer to prevent
large variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the
end of the preceding Fiscal Year.
"Reserve Fund Requirement" means the amount equal to up to 100% of the
Operating Fund requirement for any Fiscal Year.
"Residential Property" means all Assessors' Parcels of Developed Property for
which a building permit(s) has been issued for purposes of constructing one or more
residential dwelling unit.
"Resource Monitoring Program" means those described in Attachment B hereto
which is incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount
for each Improvement Area equal to the Improvement Area's fair share of the
2014-06-17 Agenda Packet Page 109
budgeted costs of the Resource Monitoring Program plus a pro rata share of the
budgeted Administrative Expenses for the CFD for the current Fiscal Year in which
Special Taxes are levied. An Improvement Area's "fair share" shall be based on the
Improvement Area's percentage of the total acreage within the Otay Ranch General
Development Plan Planning Area for which a Resource Monitoring Program funding
mechanism has been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of Section C
and D below in each Fiscal Year on each Assessor's Parcel of Developed Property
and Undeveloped Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for
Area C to: (i) pay the Resource Monitoring Fund Requirement, less the Operating
Fund Balance, and (ii) pay any amounts required to establish or replenish the
Reserve Fund to the Reserve Fund Requirement; (iii) pay for reasonably anticipated
delinquent Special Taxes based on the delinquency rate for Special Taxes levied in
the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of
Improvement Area C of the CFD that are not exempt from the Special Tax pursuant
to law or as defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not
classified as Developed Property.
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within
Improvement Area C of the CFD shall be classified as Category I, Category II,
Category III or Exempt. Developed Property, Final Map Property or Undeveloped
Property, and shall be subject to Special Taxes pursuant to Sections C and D below.
Developed Property shall be further assigned to a Land Use Class as specified in
Table 1.
C. MAXIMUM SPECIAL TAX RATE
Category I
Category I includes Developed Property within the District ("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserving Operations and
Maintenance that may be levied for Fiscal Year 2002/03 on Developed Property shall
be at the rates set forth in Table 1 below. For Residential Property, the Special Tax
shall be levied based upon Building Square Footage and for Non-Residential
Property shall be levied based on Acreage.
2014-06-17 Agenda Packet Page 110
TABLE 1
Maximum Special Tax for Category I
Community Facilities District 97-2
Improvement Area C
Resource Operations &
Description Monitoring Maintenance
Residential $0.0054 $0.0086
Non-Residential $87.3126 $138.6152
Category II
Category includes each Assessor's Parcel of Taxable Property within the District for
which a Final Map has been recorded, but which is not classified as a Developed
Parcel ("Category II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and
Maintenance that may be levied for Fiscal Year 2002/03 on each Assessor's Parcel
in Category II shall be shown in Table 2 below (said amount to be levied pro rata for
any portion of an Acre).
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
$87.3126 per Acre $138.6152 per Acre
Category III
Category III includes each Parcel of Taxable Property within the District not subject
to Special tax under any other category ("Category III").
The Maximum Special Tax which may be levied for Fiscal Year 2002/03 on Taxable
Property within Category III shall be as shown in Table 3 below (said amount to be
levied pro rate for any portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area C
Resource Monitoring Operation & Maintenance
$56.3516 per Acre $89.4627 per Acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably
offered for dedication to a public agency, or land which is in the public right-of-way,
unmanned utility easements which make utilization for other than the purpose set
2014-06-17 Agenda Packet Page 111
forth in the easement impractical, common areas, private streets and parcels, and
open space lots ("Exempt Category").
In some instance an Assessor's Parcel of Developed Property may contain more
than one Land use Class. The Maximum Special Tax that may be levied on an
Assessor's Parcel shall be the sum of the Maximum special Tax levies that may be
levied on all Land Uses Classes located on that Assessor's Parcel. The CFD
Administrator's shall determine the allocation each Land Use Class.
Annual Escalation of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each
Assessor's Parcel in Improvement Area C shall be increased each Fiscal Year
beginning in Fiscal Year 2003-04 and thereafter by a factor equal to the annual
percentage change in the San Diego Metropolitan Area all Urban Consumer Price
Index (All Items).
D. METHOD OF APPORTIONMETN OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-04, and for each following Fiscal Year, the
Council shall levy the Improvement Area C Special Tax at the rates established
pursuant to steps 1 through 4 below so that the amount of the Special Tax levied
equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal
Year as follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to
Category I by multiplying the Building Square Footage for Parcels classified as
Residential Parcels by the Maximum Special Tax per Building Square Foot for
Resource Monitoring, and Preserve Operations and Maintenance for Parcels and
adding to that the maximum revenue which could be generated by multiplying the
total acres for Parcels classified as Non-Residential Parcels by the Maximum Special
Tax per Acre for Resource Monitoring and Preserve Operations and Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated
Special Tax Liability for Improvement Area C, reduce the Special Tax for each Parcel
proportionately so that the Special Tax levy for Fiscal Year is equal to the Special
Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax
Liability for Improvement Area C, a Special Tax shall be levied upon each Parcel
within Improvement Area C, classified as Category 11. The Special Tax for Parcels
assigned to the Category 11 shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area C as determined by the City,
less the total revenue generated for all Parcels under Step 1 above, divided
by the total Acres for all Parcels within Improvement Area C assigned to
Category 11,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category 11.
2014-06-17 Agenda Packet Page 112
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax
Liability, for Improvement Area C, a Special Tax shall be levied upon each Parcel
within Improvement Area C classified as Category III. The Special Tax for Parcels
assigned the Category III shall be calculated as the lessor of:
(i) The Special Tax Liability for Improvement Area C as determined by the City,
less the total revenue generated for all Parcels under Step 1 and 3 above,
divided by the total Acres for all Parcels within Improvements Area C
assigned to Category III,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category III and
within Improvement Area C.
However, in the event it is determined that the Special Tax Liability for Improvement
Area C includes delinquent Special Taxes from Parcel in Category III from the prior
Fiscal Year, the City shall determine the amount of delinquent taxes that arose from
such parcels and identify the owner(s). The amount of delinquent Special Taxes, if
any, that arose from the applicable owner(s) shall first be divided by the total
Category III Acres owned by such owner(s) and collected from the applicable
owner(s) with the remaining portion of the Special Tax Liability no related to
delinquent Special Taxes to be collected from all Parcels in Category III according to
the procedure set forth in the preceding paragraph.
Notwithstanding the above, under no circumstances will the Special Tax be levied
against any Assessor's Parcel of Residential Property or Multi-Family Property for
which an occupancy permit for private residential use has been issued be increased
by more than ten percent annually up to the Maximum Special Tax as a
consequence of delinquency or default by the owner of any other Assessor's Parcel
within Area C of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of
the Special Tax levied on their Assessor's Parcel is in error shall first consult with the
CFD Administrator regarding such error. If following such consultation, the CFD
Administrator determines that an error has occurred; the CFD Administrator may
amend the amount of the Special Tax levied on such Assessor's Parcel. If following
such consultation and action, if any by the CFD Administrator, the landowner or
resident believes such error still exists; such person may file a written notice with the
City Clerk of the City appealing the amount of the Special Tax levied on such
Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a
copy of such notice to the City Manager who shall establish as part of the
proceedings and administration of the CFD, a special three-member Review/Appeal
Committee. The Review/Appeal Committee may establish such procedures, as it
deems necessary to undertake the review of any such appeal. The Review/Appeal
Committee shall interpret this Rate and Method of Apportionment and make
determinations relative to the annual administration of the Special Tax and any
landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
2014-06-17 Agenda Packet Page 113
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same
manner and at the same time as ordinary ad valorem property taxes; provided,
however, that the CFD Administrator may directly bill the Special Tax, may collect
Special Taxes at a different time or in a different manner if necessary to meet the
financial obligation of Improvement Area C of the CFD or as otherwise determined
appropriate by the CFD Administrator.
G. TERM OF SPECIAL TAX
Taxable Property in Improvement Area C of the CFD shall remain subject to the
Special Tax in perpetuity.
2014-06-17 Agenda Packet Page 114
APPENDIX C - RESOLUTION OF INTENTION
The following pages provide a copy of the Resolution of Intention as approved by the City Council on
June 17, 2014.
2014-06-17 Agenda Packet Page 115
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, ADOPTING AN
ANNEXATION MAP SHOWING TERRITORY PROPOSED
TO BE ANNEXED TO IMPROVEMENT AREA "C" OF
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT)
(ANNEXATION NO. 9)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA,
CALIFORNIA, ("City Council"), formed a Community Facilities District and certain
improvement areas therein pursuant to the terms and provisions of the "Mello-Roos Community
Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of
the State of California (the "Act"), and the City of Chula Vista Community Facilities District
Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3,
5 and 7 of Article XI of the Constitution of the State of California (the"Ordinance") (the Act and
the Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B" and
IMPROVEMENT AREA "C" of such District ; and
WHEREAS, the City Council desires to initiate proceedings to annex certain
property to Improvement Area"C" thereof, and
WHEREAS, there has been submitted a map entitled "Annexation Map No. 9
City of Chula Vista Community Facilities District No. 97-2 (Preserve Maintenance District),
Improvement Area "C", City Of Chula Vista, County Of San Diego, State Of California" (the
"Annexation Map") showing the territory proposed to be annexed to the District and
Improvement Area"C" thereof(the "Territory").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The Annexation Map showing the Territory proposed to be
annexed to the District and Improvement Area "C" thereof and to be subject to the levy of a
special tax is hereby approved and adopted.
SECTION 3. A certificate shall be endorsed on the original and on at least one
(1) copy of Annexation Map, evidencing the date and adoption of this Resolution, and within
fifteen (15) days after the adoption of the Resolution fixing the time and place of the hearing on
the intention to annex or extent of the annexation to the District and Improvement Area "C"
thereof, a copy of such map shall be filed with the correct and proper endorsements thereon with
2014-06-17 Agenda Packet Page 117
Resolution No. 2014-
Page No. 2
the County Recorder, all in the manner and form provided for in Section 3111 of the Streets and
Highways Code of the State of California.
PREPARED BY: APPROVED AS TO FORM BY:
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
(Reviewed By Warren Diven)
2014-06-17 Agenda Packet Page 118
Resolution No.
Page 1
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION
TO AUTHORIZE THE ANNEXATION OF TERRITORY TO
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE
MAINTENANCE DISTRICT) AND IMPROVEMENT AREA
"C"THERETO
(ANNEXATION NO. 9)
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA,
("City Council"), formed a Community Facilities District and designated certain improvement
areas therein pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act
of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of
California (the "Act"), and the City of Chula Vista Community Facilities District Ordinance
enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of
Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the
Ordinance may be referred to collectively as the "Community Facilities District Law"). The
Community Facilities District has been designated as COMMUNITY FACILITIES DISTRICT
NO. 97-2 (PRESERVE MAINTENANCE DISTRICT) (the "District") and the Improvement
Areas were designated as IMPROVEMENT AREA "A," IMPROVEMENT AREA "B" and
IMPROVEMENT AREA "C" of such District; and
WHEREAS, the District was formed for the purpose of financing the monitoring,
maintenance, operation and management of public property required to be maintained as open
space or habitat preservation or both; and
WHEREAS, Improvement Area "C" was established to finance Preserve Operations and
Maintenance plus a pro-rata share of Administrative Expenses of the District as such terms are
defined in the rate and method of apportionment of special taxes (the "Improvement Area "C"
Rate and Method") attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, certain territory known as Village 8 West located with the Otay Ranch is
proposed to be annexed to the District and Improvement Area "C" thereto and such territory
shall be known and designated as COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT), IMPROVEMENT AREA "C," ANNEXATION
NO. 9 (the "Territory"); and
WHEREAS, this legislative body now desires to proceed to adopt its Resolution of
Intention to annex the Territory to Improvement Area "C," to describe the territory included
within Improvement Area "C" and the Territory proposed to be annexed thereto, to specify the
services to be financed from the proceeds of the levy of special taxes within the Territory, to set
and specify the special taxes that would be levied within the Territory to finance such services,
and to set a time and place for a public hearing relating to the annexation of the Territory to the
Improvement Area"C," and
2014-06-17 Agenda Packet Page 119
Resolution No.
Page 2
WHEREAS, a map showing the Territory proposed to be annexed has been submitted,
which map has been previously approved and a copy of the map shall be kept on file with the
transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correct.
SECTION 2. Legal Authority_. These proceedings for annexation are initiated by
this City Council pursuant to the authorization of the Community Facilities District Law.
SECTION 3. Intent to Annex, Description of Territory This legislative body
hereby determines that the public convenience and necessity requires that the Territory be added
to the District and Improvement Area "C" thereto and this City Council declares its intention to
annex the Territory to the District and Improvement Area"C"thereto.
A description of the boundaries and Territory proposed to be annexed is as follows:
All that Territory proposed to be annexed to the District and
Improvement Area "C" thereto, as such property is shown on a
map as previously approved by this legislative body, such map
entitled "Annexation Map No. 9 City of Chula Vista Community
Facilities District No. 97-2 (Preserve Maintenance District),
Improvement Area "C", City Of Chula Vista, County Of San
Diego, State Of California" (the "Annexation Map"), a copy of
which is on file in the Office of the City Clerk and shall remain
open for public inspection.
A general description of the territory included in the District is hereinafter described as
follows:
All that property and territory as originally included within and
previously annexed to the District and Improvement Area "C"
thereto, as such property is shown on maps of the original District
and territory previously annexed as approved by this City Council
and designated by the name of the original District and Annexation
Nos. I through 8. A copy of such maps are on file in the Office of
the City Clerk and have also been filed in the Office of the County
Recorder.
SECTION 4. Name. The proposed annexation shall be known and designated as
COMMUNITY FACILITIES DISTRICT NO. 97-2 (PRESERVE MAINTENANCE
DISTRICT), IMPROVEMENT AREA"C,"ANNEXATION NO. 9.
SECTION 5. Services Authorized to be Financed by the District. The services
that are authorized to be financed by the District from the proceeds of special taxes levied within
Improvement Area"C" are certain services which are in addition to those provided in or required
for the territory within Improvement Area "C" and will not be replacing services already
available. A general description of such services to be financed by the District is as follows:
2014-06-17 Agenda Packet Page 120
Resolution No.
Page 3
The monitoring, maintenance, operation and management of public
property in which the City has a property interest and which
conforms to the requirements of the Ordinance or private property
within the Otay Ranch Preserve which is required by the Preserve
Owner/Manager to be maintained as open space or for habitat
maintenance or both. Such property may be located outside the
boundaries of the District and outside the jurisdictional boundaries
of the City of Chula Vista. Such services shall not include the
maintenance, operation and/or management of any property
owned, maintained, operated and/or managed by the federal and/or
state government as open space, habitat maintenance and/or for
any other purpose.
The District shall finance all direct, administrative and incidental annual costs and expenses
necessary to provide the such monitoring, maintenance, operation and management of such
public property.
The same types of services which are authorized to be financed by the District from the proceeds
of special taxes levied within Improvement Area "C" are the types of services to be provided in
the Territory. If and to the extent possible such services shall be provided in common within the
District and the Territory.
SECTION 6. Special Taxes. It is the further intention of this City Council body
that, except where funds are otherwise available, a special tax sufficient to pay for such services
and related incidental expenses authorized by the Community Facilities District Law, secured by
recordation of a continuing lien against all non-exempt real property in the Territory, will be
levied annually within the boundaries of such Territory. For further particulars as to the rate and
method of apportionment of the proposed special tax, reference is made to the attached and
incorporated Exhibit "A" (the "Improvement Area `C' Rate and Method"), which sets forth in
sufficient detail the method of apportionment to allow each landowner or resident within the
proposed Territory to clearly estimate the maximum amount that such person will have to pay.
The special tax proposed to be levied within the Territory shall be equal to the special tax levied
to pay for the same services in Improvement Area "C," except that a higher or lower special tax
may be levied within the Territory to the extent that the actual cost of providing the services in
the Territory is higher or lower than the cost of providing those services in Improvement Area
"C." Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher
that the maximum special tax authorized to be levied pursuant to the Improvement Area "C"
Rate and Method.
The special taxes herein authorized, to the extent possible, shall be collected in the same manner
as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien
priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that
may not be collected on the County tax roll shall be collected through a direct billing procedure
by the Treasurer.
The maximum special tax rate in Improvement Area "C" shall not be increased as a result of the
annexation of the Territory to Improvement Area"C."
2014-06-17 Agenda Packet Page 121
Resolution No.
Page 4
SECTION 7. Public Hearing. NOTICE IS GIVEN THAT ON JULY 22, 2014,
AT THE HOUR OF 2:00 PM CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE,
CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS
LEGISLATIVE BODY WILL CONSIDER THE AUTHORIZATION FOR THE
ANNEXATION OF THE TERRITORY TO THE DISTRICT AND IMPROVEMENT AREA
"C" THERETO, THE PROPOSED RATE AND METHOD OF APPORTIONMENT OF THE
SPECIAL TAX TO BE LEVIED WITHIN THE TERRITORY AND ALL OTHER MATTERS
AS SET FORTH IN THIS RESOLUTION OF INTENTION.
AT SUCH PUBLIC HEARING, THE TESTIMONY OF ALL INTERESTED PERSONS FOR
OR AGAINST THE ANNEXATION OF THE TERRITORY OR THE LEVYING OF
SPECIAL TAXES WITHIN THE TERRITORY WILL BE HEARD.
AT SUCH PUBLIC HEARING, PROTESTS AGAINST THE PROPOSED ANNEXATION OF
THE TERRITORY, THE LEVY OF SPECIAL TAXES WITHIN THE TERRITORY OR ANY
OTHER PROPOSALS CONTAINED IN THIS RESOLUTION MAY BE MADE ORALLY BY
ANY INTERESTED PERSON. ANY PROTESTS PERTAINING TO THE REGULARITY OR
SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND SHALL CLEARLY
SET FORTH THE IRREGULARITIES OR DEFECTS TO WHICH OBJECTION IS MADE.
ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK PRIOR TO THE
TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE
WITHDRAWN AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING.
SECTION 8. Majority Protest. If(a) 50% or more of the registered voters, or six
(6) registered voters, whichever is more, residing within Improvement Area "C" of the District,
(b) 50% or more of the registered voters, or six (6) registered voters, whichever is more,residing
within the Territory, (c) owners of one-half or more of the area of land in the territory included in
Improvement Area "C" of the District, or (d) owners of one-half or more of the area of land
included in the Territory, file written protests against the proposed annexation of the Territory to
the District in the future and such protests are not withdrawn so as to reduce the protests to less
than a majority, no further proceedings shall be undertaken for a period of one year from the date
of the decision by the City Council on the issue discussed at the public hearing.
SECTION 9. Election. Upon the conclusion of the public hearing, if the
legislative body determines to proceed with the annexation of the Territory, a proposition shall
be submitted to the qualified electors of the Territory. The vote shall be by registered voters
within the Territory; provided, however, if there are less than 12 registered voters, the vote shall
be by landowners, with each landowner having one vote per acre or portion thereof within the
Territory.
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Resolution No.
Page 5
SECTION 10. Notice. Notice of the time and place of the public hearing shall
be given by the City Clerk by publication in the legally designated newspaper of general
circulation, said publication pursuant to Section 6061 of the Government Code, with said
publication to be completed at least seven (7) days prior to the date set for the public hearing.
PREPARED BY: APPROVED AS TO FORM BY:
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
(Reviewed by Warren Diven)
2014-06-17 Agenda Packet Page 123
Resolution No.
Page 1
EXHIBIT A
CITY OF CHULA VISTA
COMMUNITY FACILITIES DISTRICT NO. 97-2
(PRESERVE MAINTENANCE DISTRICT)
IMPROVEMENT AREA C
A Special Tax of Community Facilities District No. 97-2 (Preserve Maintenance District) of the
City of Chula Vista ("CFD") shall be levied on all Assessor's Parcels in Improvement Area C of
the CFD and collected each Fiscal Year commencing with Fiscal Year 2002-03 in an amount
determined through the application of the rate and method of apportionment of the Special Tax
set forth below. All of the real property in the CFD, unless exempted by law or by the provisions
hereof, shall be taxed for the purposes, to the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on
the applicable Final Subdivision Map, other final map, other parcel map, other condominium
plan, or functionally equivalent map or instrument recorded in the Office of the County
Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by
43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended,being Chapter 2.5,
Part 1, Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means the actual or estimated costs incurred by the City, acting for
and on behalf of the CFD as the administrator thereof, to determine, levy and collect the Special
Taxes, including salaries of City employees and a proportionate amount of the City's general
administrative overhead related thereto, and the fees of consultants and legal counsel providing
services related to the administration of the CFD; the costs of collecting installments of the
Special Taxes; and any other costs required to administer Area C of the CFD as determined by
the City.
"Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned
assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Building Square Foot or Square Footage" means the square footage as shown on an
Assessor's Parcel's building permit of Residential Property excluding garages or other structures
not used as living space.
2014-06-17 Agenda Packet Page 124
Resolution No.
Page 2
"CFD Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"CFD" means Community Facilities District No. 97-2 of the City of Chula Vista.
"City" means the City of Chula Vista.
"City Clerk" means the City Clerk for the City of Chula Vista or his or her designee.
"City Manager" means the City Manager for the City of Chula Vista or his or her designee.
"Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels
which are classified as community purpose facilities and meet the requirements of City of Chula
Vista Ordinance No. 2883.
"Council" means the City Council of the City of Chula Vista, acting as the legislative body of
the CFD.
"County" means the County of San Diego, California.
"Developed Property" means all Taxable Property for which a building permit was issued prior
to the March 1 st preceding the Fiscal Year in which the Special Tax is being levied.
"Final Map Property" means any residential lot or non-residential lot created by a Final
Subdivision Map, but which is not classified as Developed Property.
"Final Subdivision Map" means a subdivision of property creating residential or non-
residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the
Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a
condominium plan pursuant to California Civil Code 1352, that creates individual lots for which
building permits may be issued without further subdivision and is recorded prior to March 1
preceding the Fiscal Year in which the Special Tax is being levied.
"Fiscal Year" means the period starting July I and ending on the following June 30.
"Improvement Area C" or "Area C" means Improvement Area C of the CFD, as identified on
the boundary map for the CFD as amended from time to time.
"Land Use Class" means any of the classes listed in Table 1, Table 2, or Table 3.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable
Property.
"Non-Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s)has been issued for a structure or structures for non-residential use.
2014-06-17 Agenda Packet Page 125
Resolution No.
Page 3
"Operating Fund" means a fund that shall be maintained within the CFD for each Fiscal Year
to pay for Resource Monitoring and/or Preserve Operations and Maintenance activities and
Administrative Expenses.
"Operating Fund Balance" means the amount of funds in the Operating Fund at the end of the
preceding Fiscal Year.
"Operating Fund Requirement" means for any Fiscal Year an amount equal to the Resource
Monitoring Fund Requirement and the Preserve Operations and Maintenance Fund Requirement
for the current Fiscal Year in which Special Taxes are levied.
"Preserve Operations and Maintenance" means those activities described in Attachment A
hereto which is incorporated herein by this reference.
"Preserve Operations and Maintenance Fund Requirement" means for any Fiscal Year an
amount equal to the budgeted costs for Preserve Operations and Maintenance plus a pro-rata
share of the budgeted Administrative Expenses of the District for the current Fiscal Year in
which Special Taxes are levied.
"Property Owner Association Property" means any property within the boundaries of Area C
of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded
with the County Recorder to, a property owner association, including any master or sub-
association.
"Public Property" means any property within the boundaries of Area C of the CFD that is, at
the time of the CFD formation, expected to be used for any public purpose and is owned by or
dedicated to the federal government, the State, the County, the City or any other public agency.
"Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide
necessary cash flow for the first six months of each Fiscal Year, working capital to cover
monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special
Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies.
"Reserve Fund Balance" means the amount of funds in the Reserve Fund at the end of the
preceding Fiscal Year.
"Reserve Fund Requirement" means an amount equal to up to 100% of the Operating Fund
Requirement for any Fiscal Year.
"Residential Property" means all Assessor's Parcels of Developed Property for which a
building permit(s) has been issued for purposes of constructing one or more residential dwelling
unit.
"Resource Management Plan" means the Otay Ranch Phase 1 Resource Management Plan
also referred to as "The Otay Ranch Resource Management Plan" dated October 28, 1993, and
the Otay Ranch Phase 2, Resource Management Plan dated June 4, 1996, as both such plans may
be amended from time to time.
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Resolution No.
Page 4
"Resource Monitoring Program" means those described in Attachment B hereto which is
incorporated herein by this reference.
"Resource Monitoring Fund Requirement" means for any Fiscal Year an amount for each
Improvement Area equal to the Improvement Area's fair share of the budgeted costs of the
Resource Monitoring Program plus a pro rata share of the budgeted Administrative Expenses of
the CFD for the current Fiscal Year in which Special Taxes are levied. Improvement Area C's
"fair share" shall be based on Improvement Area C's percentage of the total acreage within the
Otay Ranch General Development Plan Planning Area for which a Resource Monitoring
Program funding mechanism has been established.
"Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D
below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped
Property in Area C to fund the Special Tax Requirement.
"Special Tax Requirement" means that amount required in any Fiscal Year for Area C to: (i)
pay the Resource Monitoring Fund Requirement, and Preserve Operations and Maintenance
Fund Requirement, less the Operating Fund Balance, and (ii) pay any amounts required to
establish or replenish the Reserve Fund to the Reserve Fund Requirement; (iii) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for Special Taxes
levied in the previous Fiscal Year.
"State" means the State of California.
"Taxable Property" means all of the Assessor's Parcels within the boundaries of Area C of the
CFD that are not exempt from the Special Tax pursuant to law or as defined below.
"Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as
Developed Property.
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Resolution No.
Page 5
B. ASSIGNMENT TO CATEGORIES OF SPECIAL TAX
Each Fiscal Year using the definitions above, all Taxable Property within Area C, Annexation
No. 9 (Planning Area 12), of the CFD shall be classified as Category I, Category II, Category III
or Exempt. Developed Property, Final Map Property or Undeveloped Property, and shall be
subject to Special Taxes pursuant to Sections C and D below. Developed Property shall be
further assigned to a Land Use Class as specified in Table 1.
C. MAXIMUM SPECIAL TAX RATES
Category I
Category I includes Developed Property within the District("Category I").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance
for Fiscal Year 2002-2003 on Developed Property are the rates set forth in Table 1 below. For
Residential Property, the Special Tax shall be levied based upon Building Square Footage and
for Non-Residential Property shall be levied based on Acreage.
TABLE 1
Maximum Special Tax for Category I
Community Facilities District No. 97-2
Improvement Area C
(Fiscal Year 2002-2003)
Description Resource Operation &
Monitoring Maintenance
Residential $0.0054 sq ft $0.0086/sq ft
Non- $87.3126/acre $138.6152/acre
Residential
Category II
Category II includes each Assessor's Parcel of Taxable Property within the District for which a
Final Map has been recorded,but which is not classified as a Developed Parcel ("Category II").
The Maximum Special Tax for Resource Monitoring, and Preserve Operations and Maintenance
approved for Fiscal Year 2002-2003 on each Assessor's Parcel in Category II is the rate set forth
in Table 2 below (said amount to be levied pro rata for any portion of an Acre).
2014-06-17 Agenda Packet Page 128
Resolution No.
Page 6
TABLE 2
Maximum Special Tax for Category II
Community Facilities District No. 97-2
Improvement Area C
(Fiscal Year 2002-2003)
Resource Operation &
Monitoring Maintenance
$87.3126/acre $138.5152/acre
Category III
Category III includes each Parcel of Taxable Property within the District not subject to Special
Tax under any other category ("Category III").
The Maximum Special Tax approved for Fiscal Year 2002-2003 on Taxable Property within
Category III is the rate set forth in Table 3 below (said amount to be levied pro rata for any
portion of an Acre).
TABLE 3
Maximum Special Tax for Category III
Community Facilities District No. 97-2
Improvement Area C
(Fiscal Year 2002-2003)
Resource Operation &
Monitoring Maintenance
$56.3516/acre $89.4627/acre
Exempt Category
The Exempt Category includes each property owned, conveyed or irrevocably offered for
dedication to a public agency, or land which is in the public right-of-way, unmanned utility
easements which make utilization for other than the purpose set forth in the easement
impractical, common areas,private streets and parks, and open space lots ("Exempt Category").
Annual Escalation Of Maximum Special Tax
The Maximum Special Tax as shown in the tables above that may be levied on each Assessor's
Parcel in Area C shall be increased each Fiscal Year beginning in Fiscal Year 2003-2004 and
thereafter by a factor equal to the annual percentage change in the San Diego Metropolitan Area
all Urban Consumer Price Index (All Items).
2014-06-17 Agenda Packet Page 129
Resolution No.
Page 7
D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2003-2004, and for each following Fiscal Year, the Council shall
levy the Area C Special Tax at the rates established pursuant to steps 1 through 4 below so that
the amount of the Special Tax levied equals the Special Tax Requirement. The Special Tax shall
be levied each Fiscal Year as follows:
Step 1: Determine the revenue which could be generated by Parcels assigned to Category I by
multiplying the Building Square Footage for Parcels classified as Residential Parcels by the
Maximum Special Tax per Building Square Foot for Resource Monitoring, and Preserve
Operations and Maintenance for Parcels and adding to that the maximum revenue which could
be generated by multiplying the total acres for Parcels classified as Non-Residential Parcels by
the Maximum Special Tax per Acre for Resource Monitoring and Preserve Operations and
Maintenance.
Step 2: If the total revenue as calculated in Step 1 is greater than the estimated Special Tax
Liability for Improvement Area C, reduce the Special Tax for each Parcel proportionately so that
the Special Tax levy for the Fiscal Year is equal to the Special Tax Liability for the Fiscal Year.
Step 3: If the total revenue as calculated in Step 1 is less than the Special Tax Liability for
Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area
C, classified as Category IL The Special Tax for Parcels assigned to Category II shall be
calculated as the lesser of-
(i) The Special Tax Liability for Improvement Area C as determined by the City, less
the total revenue generated for all Parcels under Step 1 above, divided by the total Acres
for all Parcels within Improvement Area C assigned to Category II,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category II.
Step 4: If the total revenue as calculated in Step 1 and 3 is less than the Special Tax Liability, for
Improvement Area C, a Special Tax shall be levied upon each Parcel within Improvement Area
C classified as Category III. The Special Tax for Parcels assigned the Category III shall be
calculated as the lesser of-
(i) The Special Tax Liability for Improvement Area C as determined by the City, less
the total revenue generated for all Parcels under Step 1 and 3 above, divided by the total
Acres for all Parcels within Improvement Area C assigned to Category III,
OR
(ii) The Maximum Special Tax rate for Parcels assigned to Category III and within
Improvement Area C.
2014-06-17 Agenda Packet Page 130
Resolution No.
Page 8
However, in the event it is determined that the Special Tax Liability for Improvement Area C
includes delinquent Special Taxes from Parcel in Category III from the prior Fiscal Year, the
City shall determine the amount of delinquent taxes that arose from such Parcels and identify the
owner(s). The amount of delinquent Special Taxes, if any, that arose from the applicable
owner(s) shall first be divided by the total Category III Acres owned by such owner(s) and
collected from the applicable owner(s) with the remaining portion of the Special Tax Liability
not related to delinquent Special Taxes to be collected from all Parcels in Category III according
to the procedure set forth in the preceding paragraph.
Notwithstanding the above, under no circumstances will the Special Tax levied against any
Assessor's Parcel of Residential Property or Multi-Family Property for which an occupancy
permit for private residential use has been issued be increased by more than ten percent annually
up to the Maximum Special Tax as a consequence of delinquency or default by the owner of any
other Assessor's Parcel within Area C of the CFD.
E. APPEALS
Any landowner or resident who pays the Special Tax and believes that the amount of the Special
Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator
regarding such error. If following such consultation, the CFD Administrator determines that an
error has occurred, the CFD Administrator may amend the amount of the Special Tax levied on
such Assessor's Parcel. If following such consultation and action, if any, by the CFD
Administrator, the landowner or resident believes such error still exists, such person may file a
written notice with the City Clerk of the City appealing the amount of the Special Tax levied on
such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy
of such notice to the City Manager who shall establish as part of the proceedings and
administration of the CFD, a special three-member Review/Appeal Committee. The
Review/Appeal Committee may establish such procedures, as it deems necessary to undertake
the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and
Method of Apportionment and make determinations relative to the annual administration of the
Special Tax and any landowner or resident appeals, as herein specified. The decision of the
Review/Appeal Committee shall be final and binding as to all persons.
F. MANNER OF COLLECTION
Special Taxes levied pursuant to Section D above shall be collected in the same manner and at
the same time as ordinary ad valorem property taxes; provided, however, that the CFD
Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or
in a different manner if necessary to meet the financial obligations of Area C of the CFD or as
otherwise determined appropriate by the CFD Administrator.
2014-06-17 Agenda Packet Page 131
Resolution No.
Page 9
G. TERM OF SPECIAL TAX
Taxable Property in Improvement Area C of the CFD shall remain subject to the Special Tax in
perpetuity.
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Resolution No.
Page 10
Attachment A
Description of Preserve Operations and Maintenance
Preserve Operations and Maintenance includes the maintenance, operation and management of
the public or private property within boundaries of the Otay Ranch Preserve, as such boundaries
may be modified from time to time,required by the Resource Management Plan to be maintained
as open space or habitat preservation land or both. Such maintenance, operations and
management shall include, but not be limited to, the following:
(i) Preserve Maintenance. Development, implementation and ongoing
provision of programs to maintain, operate and manage preserve habitat values
through: cultivation, irrigation, trimming, spraying, fertilizing, and/or treatment of
disease or injury; removal of trimmings, rubbish, debris and other solid waste;
maintenance of trails; removal and control of exotic plant species (weeds); and
control of cowbirds through trapping.
(ii) Security. Development, implementation and ongoing provision of security
programs to: enforce "no trespassing" rules; curtail activities that degrade
resources, such as grazing, shooting, and illegal dumping; remove trash, litter, and
other debris; control access; prohibit off-road traffic; and maintain fences and
trails.
(iii) Preserve improvements: Acquire equipment and/or install improvements
necessary to maintain, operate and manage the open space and habitat
preservation land described above.
The above description of the Preserve Operations and Maintenance is general in nature. The
actual maintenance, operations and management of the open space and habitat preservation land
within the Otay Ranch Preserve may be modified from time to time as necessary in order to
effectively provide such services in compliance with the requirements of the Resource
Management Plan.
2014-06-17 Agenda Packet Page 133
Resolution No.
Page 11
Attachment B
Description of Resource Monitoring
Implement the annual biota monitoring and reporting program consistent with the Resource
Management Plan to identify changes in the quality and quantity of preserve resources including
wildlife species, sensitive plants and sensitive habitat types.
The above description of the Resource Monitoring is general in nature. The actual monitoring
and reporting program may be modified from time to time as necessary in order to effectively
provide such services consistent with the requirements of the Resource Management Plan.
60297.0003 1\87975 3 0.1
2014-06-17 Agenda Packet Page 134
RESOLUTION NO. 2014-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMITTAL OF AN
APPLICATION TO THE CALIFORNIA STATE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT FOR
FUNDING UNDER THE CALHOME PROGRAM;
AUTHORIZES THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE A STANDARD AGREEMENT IF SELECTED FOR
SUCH FUNDING AND ANY AMENDMENTS THERETO;
ANY RELATED DOCUMENTS NECESSARY TO
PARTICIPATE IN THE CALHOME PROGRAM
WHEREAS, the City of Chula Vista, a political subdivision of the State of California,
wishes to apply for and receive an allocation of funds through the CalHOME Program; and
WHEREAS, The California Department of Housing and Community Development
(hereinafter referred to as "HCD") has issued a Notice of Funding Availability ("NOFA") for
the CalHome program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and
codified in Chapter 6 (commencing with Section 50650) of Part 2 of Division 31 of the Health
and Safety Code (the "statute"). Pursuant to the statute, HCD is authorized to approve funding
allocations utilizing monies made available by the State Legislature to the CalHome program,
subject to the terms and conditions of the statute and the CalHome Program Regulations
adopted by HCD in April 2004; and
WHEREAS, the City of Chula Vista wishes to submit an application to obtain from HCD
an allocation of CalHOME funds in the amount of$1,000,000.
WHEREAS, staff seeks the CalHome Program funds in order to leverage the HOME
Investment Partnership Program funds used in the City's Homebuyer Assistance Program; and
WHEREAS, the City and Community HousingWorks entered into to an agreement, dated
September 11, 2013, for management of the City's First Time Homebuyer Assistance Program;
and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as
follows:
1. The City of Chula Vista shall submit to HCD an application to participate in the
CalHome Program in response to the NOFA issued on April 29, 2014 which will request
a funding allocation for the following activities:
• First Time Home Buyer Assistance up to $40,000 for each applicant and related
project delivery costs, for a total amount of$1,000,000
The properties are located in the City of Chula Vista.
2014-06-17 Agenda Packet Page 135
Resolution No.
Page 2
2. If the application for funding is approved, the City of Chula Vista hereby agrees to use
the CalHome funds for eligible activities in the manner presented in the application as
approved by HCD and in accordance with program regulations cited above. It also may
execute any and all other instruments necessary or required by HCD for participation in
the CalHome Program.
3. The City of Chula Vista authorizes the City Manager or his designee to execute in the
name of the City of Chula Vista, the application, the Standard Agreement, and all other
documents required by HCD for participation in the CalHome Program, and any
amendments thereto.
Presented by Approved as to form by
James D. Sandoval Glen Googins
City Manager City Attorney
2014-06-17 Agenda Packet Page 136
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REMOVING THE HISTORIC ELIGIBLITY
STATUS OF THE SEARS BUILDING LOCATED AT 565
BROADWAY
WHEREAS, the Sears building located at 565 Broadway was identified as an Eligible
Historical Resource as part of the city's 2012 Historical Resources Survey (2012 Survey)
conducted by ASM,Affiliates, Inc., a qualified professional; and
WHEREAS, surveys are systematic, detailed examinations of an area designed to gather
information about what resources merit protection, and are critical tools for carrying out the
purpose of the Chula Vista Historic Preservation Program; and
WHEREAS, if a potential historical resource is determined through evaluation to have historic
significance at the local,state or national level,then it is considered to be an Eligible Historical
Resource; and
WHEREAS,the Sears building was evaluated in the 2012 Survey for historic significance and
was determined by ASM, Affiliates, Inc to be an Eligible Historical Resource as one of few
large commercial Modern Style buildings constructed during 1940-1970 and for its association
with master architect Stiles Clements; and
WHEREAS, the property owners of Sears disagree that the Sears building is an Eligible
Historical Resource. Their qualified consultant, Heritage Architecture evaluated the Sears
building and opined that due to alterations made to the building over time, the building no
longer possesses historic integrity; and
WHEREAS, at the December 4, 2013 Historic Preservation Commission (Commission)
meeting, Sears was afforded the opportunity to demonstrate to the Commission that the
information provided in the 2012 Survey was erroneous; and
WHEREAS,at the December 4,2013 Commission meeting, a motion was made to remove
the historic resources eligibility status from the Sears building, but said motion failed by a
majority vote of 2-4-0-0; therefore no action was taken to revise the Sears building
determination of Eligible to Not Eligible; and
WHEREAS, on December 17,2013,the Denton Law Firm,on behalf of Sears, submitted an
appeal application requesting that the City Council consider their request to amend the
Eligibility status of Sears to"Not Eligible"; and
A. City Council Record of Application
2014-06-17 Agenda Packet Page 137
Resolution No.
Page 2
WHEREAS, the City Clerk set the time and place for the hearing on the appeal application
and notices of the 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 appeal at least ten (10) days prior to the hearing; and
WHEREAS, the duly called and noticed public hearing on the appeal application was held
before the City Council of the City of Chula Vista on June 10, 2014; and
WHEREAS, after taking into account and deliberating on the information and testimony
provided by staff,the Denton Law Firm,ASM,Affiliates,Inc.and Heritage Architecture the
City Council determined that the alterations made to the Sears building were sufficient to
result in a loss of historical integrity to the building resulting in the building not being an
Eligible Historic Resource; and
B. Environmental Determination
WHERAS, the Development Services Director has reviewed the applicant's appeal of
Historic Eligibility 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; therefore, pursuant to Section 15060 (c)(3) of the State CEQA
Guidelines the activity is not subject to CEQA. Although environmental review is not
necessary at this time, if modifications are proposed to the Sears building in the future,
environmental review may be required and a CEQA determination completed.
NOW THEREFORE, the City Council of the City of Chula Vista does hereby find and
determine as follows:
Section I. Findings of Fact
The City Council hereby finds that the Sears building located at 565 Broadway:
1. Does not possesses historical Integrity as defined under Chula Vista Municipal
Code Section 21.03.084
CVMC 21.03.084 defines Integrity as the authenticity of a resources' historic
identity,evidenced by the survival of physical characteristics that existed during the
resources historic period of significance or historic context. The 2012 Survey
identified three periods of significance for the west side of Chula Vista, the
Community Building Period(1870-1910),the City Development Period(1911-1939)
and, the City Maturation Period (1940-1970). The period of significance for the
Sears building is the City Maturation Period (1940-1970). Some of the original
design elements from its completion in 1966 have been lost or altered, therefore
although the Chula Vista Sears still retains some of the original features and elements
that are typical of the Modern architectural style the modifications to the building
(including,but not limited to,removal of window displays on the first floor,addition
of canopies over doors, modifications to the support columns, removal and
2014-06-17 Agenda Packet Page 138
Resolution No.
Page 3
replacement of the original Sears signage),are substantial and therefore result in the
loss of historical integrity of the structure resulting in the Chula Vista Sears building
not being an Eligible Historical Resource.
Section IL Severability
If any portion of this Resolution, 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 Resolution, 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 Resolution, irrespective of the fact that any one or more other
sections, sentences,clauses or phrases of the Resolution be declared invalid,unenforceable
or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Resolution to supplement, not to
duplicate or contradict, applicable state and federal law and this Resolution shall be
construed in light of that intent.
Section IV. Effective Date
This Resolution shall take effect upon approval of the City Council
Presented by Approved as to form by
Kelly Broughton, FLSA Glen R. Googins
Director of Development Services City Attorney
2014-06-17 Agenda Packet Page 139
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE OPERATING AND CAPITAL
IMPROVEMENT BUDGETS FOR THE CITY OF CHULA
VISTA FOR FISCAL YEAR 2014-15 AND APPROPRIATING
FUNDS FOR THE FISCAL YEAR ENDING JUNE 30, 2015
EXCLUDING CAPITAL PROJECT STL394, OPEN SPACE
DISTRICTS 8 AND 10 AND THE OTHER EXPENSES
CATEGORY OF THE NON-DEPARTMENTAL BUDGET IN
THE GENERAL FUND
WHEREAS, the City Council of the City of Chula Vista received and considered the City
Manager's proposed operating and capital improvement budget for the City of Chula Vista for
the fiscal year ending June 30, 2015; and
WHEREAS, the City Manager's Proposed Budget for fiscal year 2014-15 was distributed
on May 16, 2014 and presented at the May 20d', 27d' and June 3rd City Council meetings; and
WHEREAS, since the completion of the Proposed Budget a net $928,525 in expenditure
adjustments and a reduction of $81,525 in revenue adjustments have been made in various
expenditure and revenue categories in other City funds; and
WHEREAS, at the June 3, 2014 Joint Meeting, the City Council/Successor Agency to the
Redevelopment Agency/and Housing Authority accepted the operating and capital improvements
budgets for the City of Chula Vista for fiscal year 2014-15; and
WHEREAS, the City Council's revisions were incorporated into the proposed budget
and, in accordance with the City Charter, the revised budget was made available for public
inspection as of June 5, 2014, and a public hearing was set for June 17, 2014; and
WHEREAS, the budget submitted at this time for formal adoption and appropriation
represents the City Council's final proposed budget for Fiscal Year 2014-15; and
WHEREAS, a copy of the proposed budget document is on file in the Office of the City
Clerk; and
WHEREAS, the proposed All Funds Budget totals $283.6 million including a General
Fund budget that totals $134.5 million; and
WHEREAS, the total number of recommended permanent positions is 960.75 for Fiscal
Year 2014-15, a net an increase of 10.75 positions when compared to the fiscal year 2013-14
Council adopted budget; and
2014-06-17 Agenda Packet Page 140
Resolution No.
Page 2
WHEREAS, a public hearing on the budget was noticed and held as required by the City
Charter, and all public testimony was received and considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it adopts the Operating and Capital Improvement Budgets for the City of Chula Vista
for fiscal year 2014-15 excluding, Capital Project STL394 Open Space Districts 8 and 10, and
the Other Expenses Category of the Non-Departmental Budget in the General Fund, as presented
to the Council, a copy of which is on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it
approves the appropriation of funds for the fiscal year ending June 30, 2015 as described in the
Proposed Expenditures by Department/Category report, as presented, a copy of which is on file
with the City Clerk's Office, excluding Capital Project STL394, Open Space Districts 8 and 10,
and the Other Expenses Category of the Non-Departmental Budget in the General Fund.
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Director of Finance/Treasurer City Attorney
2014-06-17 Agenda Packet Page 141
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE OPERATING BUDGET FOR
OPEN SPACE DISTRICT 8 FOR FISCAL YEAR 2014-15 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING
JUNE 30, 2015
WHEREAS, the City Council of the City of Chula Vista received and considered the City
Manager's proposed operating and capital improvement budget for the City of Chula Vista for
the fiscal year ending June 30, 2015; and
WHEREAS, the City Manager's Proposed Budget for fiscal year 2014-15 was distributed
on May 16, 2014 and presented at the May 20d', 27d' and June 3rd City Council meetings; and
WHEREAS, at the June 3, 2014 Joint Meeting, the City Council/Successor Agency to the
Redevelopment Agency/and Housing Authority accepted the operating and capital improvements
budgets for the City of Chula Vista for fiscal year 2014-15; and
WHEREAS, the City Council's revisions were incorporated into the proposed budget
and, in accordance with the City Charter, the revised budget was made available for public
inspection as of June 5, 2014, and a public hearing was set for June 17, 2014; and
WHEREAS, the budget submitted at this time for formal adoption and appropriation
represents the City Council's final proposed budget for Fiscal Year 2014-15; and
WHEREAS, a copy of the proposed budget document is on file in the Office of the City
Clerk; and
WHEREAS, a public hearing on the budget was noticed and held as required by the City
Charter, and all public testimony was received and considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it adopts the operating budget for Open Space District 8 (Fund 362) for fiscal year 2014-15
and appropriates $82,957 for the fiscal year ending June 30, 2015, as presented, a copy of which
is on file in the Office of the City Clerk.
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Finance Director/Treasurer City Attorney
2014-06-17 Agenda Packet Page 142
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE OPERATING BUDGET FOR
OPEN SPACE DISTRICT 10 AND THE NON-
DEPARTMENTAL BUDGET, OTHER EXPENSES
CATEGORY, IN THE GENERAL FUND FOR FISCAL YEAR
2014-15 AND APPROPRIATING FUNDS FOR THE FISCAL
YEAR ENDING JUNE 30, 2015
WHEREAS, the City Council of the City of Chula Vista received and considered the City
Manager's proposed operating and capital improvement budget for the City of Chula Vista for
the fiscal year ending June 30, 2015; and
WHEREAS, the City Manager's Proposed Budget for fiscal year 2014-15 was distributed
on May 16, 2014 and presented at the May 20d', 27d' and June 3rd City Council meetings; and
WHEREAS, at the June 3, 2014 Joint Meeting, the City Council/Successor Agency to the
Redevelopment Agency/and Housing Authority accepted the operating and capital improvements
budgets for the City of Chula Vista for fiscal year 2014-15; and
WHEREAS, the City Council's revisions were incorporated into the proposed budget
and, in accordance with the City Charter, the revised budget was made available for public
inspection as of June 5, 2014, and a public hearing was set for June 17, 2014; and
WHEREAS, the budget submitted at this time for formal adoption and appropriation
represents the City Council's final proposed budget for Fiscal Year 2014-15; and
WHEREAS, a copy of the proposed budget document is on file in the Office of the City
Clerk; and
WHEREAS, a public hearing on the budget was noticed and held as required by the City
Charter, and all public testimony was received and considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista,
that it adopts the operating budget for Open Space District 10 (Fund 364) and the Non-
Departmental Budget's Other Expenses Category in the General Fund for fiscal year 2014-15 and
appropriates $84,925 and $224,500 respectively for the fiscal year ending June 30, 2015, as
presented, a copy of which is on file in the Office of the City Clerk.
2014-06-17 Agenda Packet Page 143
Resolution No.
Page 2
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Finance Director/Treasurer City Attorney
2014-06-17 Agenda Packet Page 144
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE CAPITAL IMPROVEMENT
BUDGET FOR CAPITAL IMPROVEMENT PROJECT STL394
MOSS STREET CORRIDOR IMPROVEMENT BETWEEN
THIRD AVENUE AND FOURTH FOR FISCAL YEAR 2014-15
AND APPROPRIATING FUNDS FOR THE FISCAL YEAR
ENDING JUNE 30, 2015
WHEREAS, the City Council of the City of Chula Vista received and considered the City
Manager's proposed operating and capital improvement budget for the City of Chula Vista for
the fiscal year ending June 30, 2015; and
WHEREAS, the City Manager's Proposed Budget for fiscal year 2014-15 was distributed
on May 16, 2014 and presented at the May 20d', 27d' and June 3rd City Council meetings; and
WHEREAS, at the June 3, 2014 Joint Meeting, the City Council/Successor Agency to the
Redevelopment Agency/and Housing Authority accepted the operating and capital improvements
budgets for the City of Chula Vista for fiscal year 2014-15; and
WHEREAS, the City Council's revisions were incorporated into the proposed budget
and, in accordance with the City Charter, the revised budget was made available for public
inspection as of June 5, 2014, and a public hearing was set for June 17, 2014; and
WHEREAS, the budget submitted at this time for formal adoption and appropriation
represents the City Council's final proposed budget for Fiscal Year 2014-15; and
WHEREAS, a copy of the proposed budget document is on file in the Office of the City
Clerk; and
WHEREAS, a public hearing on the budget was noticed and held as required by the City
Charter, and all public testimony was received and considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it adopts the Capital Improvement budget for Capital Improvement Project STL394
Moss Street Corridor Improvement between Third Avenue and Fourth Avenue as presented and
on file in the Office of the City Clerk, and appropriates funds for the fiscal year ending June 30,
2015 as follows:
• Traffic Signal Fund — $60,000 for STL394 Moss Street Corridor Improvement
between Third Avenue and Fourth Avenue.
2014-06-17 Agenda Packet Page 145
Resolution No.
Page 2
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Finance Director/Treasurer City Attorney
2014-06-17 Agenda Packet Page 146
COUNCIL RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE COMPENSATION
SCHEDULE AND CLASSIFICATION PLAN TO REFLECT
THE ADDITION OF VARIOUS POSITION TITLES AND
CHANGES IN SALARY AS REFLECTED IN THE FISCAL
YEAR 2014-15 OPERATING BUDGET
WHEREAS, the City Council of the City of Chula Vista received and considered the City
Manager's proposed operating and capital improvement budget for the City of Chula Vista for
the fiscal year ending June 30, 2015; and
WHEREAS, the total number of recommended permanent positions is 960.75 for Fiscal
Year 2014-15, a net an increase of 10.75 positions when compared to the fiscal year 2013-14
Council adopted budget; and
WHEREAS, the recommended staffing changes include a number of new classification
titles that are not currently reflected in the Compensation Schedule and Classification Plan; and
WHEREAS, the recommended changes to the Compensation Schedule and Classification
Plan include the addition of the following new titles of Director of Information Technology
Services, Management Analyst, Animal Care Supervisor, Fire Prevention Aide, Director of
Library, Finance Manager, and Planning Manager as well as salary changes for the Assistant
Director of Development Services and Marketing and Communications Manager. The E Step
salaries for these positions are as follows:
Proposed
116 (biweekly)
Director of Information Technology Yes Executive $6,157.81
Services
Management Analyst No CVEA $2,789.33
Animal Care Supervisor No CVEA $2,272.40
Fire Prevention Aide No UCHR $1,280.00
Assistant Director of Development Yes Senior Manager $6,020.21
Services
Marketing and Communications Yes Senior Manager $4,964.46
Manager
WHEREAS, the recommended changes to the Compensation Schedule and Classification
Plan include the elimination of the titles of Director of Library and Recreation, Fiscal Operations
Manager,Advanced Planning Manager, and Development Planning Manager; and
2014-06-17 Agenda Packet Page 147
Resolution No.
Page 2
WHEREAS, the document entitled Authorized Positions by Department, which is on file
in the Office of the City Clerk, summarizes the final recommended position counts by
department and fund for Fiscal Year 2014-15.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it approves the amendments to the Compensation Schedule and Classification Plan to
reflect the changes described above.
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Finance Director/Treasurer City Attorney
2014-06-17 Agenda Packet Page 148
HOUSING AUTHORITY RESOLUTION NO.
RESOLUTION OF THE HOUSING AUTHORITY OF THE
CITY OF CHULA VISTA ADOPTING THE OPERATING
BUDGET FOR THE HOUSING AUTHORITY FOR FISCAL
YEAR 2014-15 AND APPROPRIATING FUNDS FOR THE
FISCAL YEAR ENDING JUNE 30, 2015
WHEREAS, the Housing Authority of the City of Chula Vista received and considered
the City Manager's proposed operating budget for the Housing Authority for the fiscal year
ending June 30, 2015; and
WHEREAS, the City Manager's Proposed Budget for fiscal year 2014-15 was distributed
on May 16, 2014 and presented at the May 20d', 27 th and and June 3rd joint meetings of the City
Council and the Housing Authority; and
WHEREAS, at the June 3, 2014 Joint Meeting, the Housing Authority accepted the
operating for the City of Chula Vista Housing Authority for fiscal year 2014-15; and
WHEREAS, the Housing Authority's operating and capital improvement budgets
submitted at this time for formal adoption and appropriation represents the Housing Authority's
final proposed operating budget, as presented in the Fiscal Year 2014-15 Proposed Budget
document; and
WHEREAS, a copy of the Housing Authority's budget is on file in the Office of the City
Clerk; and
WHEREAS, a public hearing on the City's proposed operating budgets, including the
Housing Authority's operating budgets, was noticed and held as required by the City Charter,
and all public testimony was received and considered.
WHEREAS, Housing Fund expenditures for planning and administration are necessary
for the production, improvement, or preservation of affordable housing.
NOW, THEREFORE, BE IT RESOLVED by the Housing Authority of the City of Chula
Vista, that it adopts the Operating Budget for the Housing Authority for Fiscal Year 2014-15, as
presented, a copy of which is on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED by the Housing Authority of the City of Chula Vista that
it approves the appropriation of funds for the fiscal year ending June 30, 2015 as described in the
Proposed Expenditures by Department/Category report presented to the Authority, a copy of
which is on file with the City Clerk's Office.
2014-06-17 Agenda Packet Page 149
Resolution No.
Page 2
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Finance Director/Treasurer City Attorney
2014-06-17 Agenda Packet Page 150
SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
RESOLUTION OF THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA ADOPTING THE OPERATING BUDGET FOR THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY FOR FISCAL YEAR 2014-15 AND
APPROPRIATING FUNDS FOR THE FISCAL YEAR ENDING
JUNE 30, 2015
WHEREAS, the Successor Agency to the Redevelopment Agency of the City of Chula
Vista received and considered the City Manager's proposed operating budgets, including the
Successor Agency's operating budget, for the City of Chula Vista for the fiscal year ending June
30, 2015; and
WHEREAS, the City Manager's Proposed Budget for fiscal year 2014-15 was distributed
on May 16, 2014 and presented at the May 20d', 27th and June 3rd joint meetings of the City
Council and Successor Agency to the Redevelopment Agency; and
WHEREAS, at the June 3, 2014 Joint Meeting, the Successor Agency to the
Redevelopment Agency accepted the operating budget for the Successor Agency to the
Redevelopment Agency for fiscal year 2014-15; and
WHEREAS, the Successor Agency's operating budget submitted at this time for formal
adoption and appropriation represents the Successor Agency's final proposed operating budget,
as presented in the Fiscal Year 2014-15 Proposed Budget document; and
WHEREAS, a copy of the Successor Agency's budget is on file in the Office of the City
Clerk; and
WHEREAS, a public hearing on the City's proposed operating budgets, including the
Successor Agency's operating budget, was noticed and held as required by the City Charter, and
all public testimony was received and considered.
NOW, THEREFORE, BE IT RESOLVED by the Successor Agency to the
Redevelopment Agency of the City of Chula Vista that it adopts the Operating Budget for the
Successor Agency to the Redevelopment Agency for Fiscal Year 2014-15, as presented and on
file in the Office of the City Clerk.
BE IT FURTHER RESOLVED by the Successor Agency to the Redevelopment Agency
of the City of Chula Vista that it approves the appropriation of funds for the fiscal year ending
June 30, 2015 as described in the Proposed Expenditures by Department/Category report, as
presented and on file with the City Clerk's Office.
2014-06-17 Agenda Packet Page 151
Presented by Approved as to form by
Maria Kachadoorian Glen R. Googins
Finance Director/Treasurer City Attorney
2014-06-17 Agenda Packet Page 152
ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHULA VISTA MUNICIPAL CODE SECTION 2.05.010
RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED
POSITIONS TO ADD FINANCE MANAGER AND PLANNING
MANAGER AND ELIMINATE THE POSITION TITLES OF
ASSISTANT DIRECTOR OF INFORMATION TECHNOLOGY
SERVICES, FISCAL OPERATIONS MANAGER, AND
ADVANCED PLANNING MANAGER (4/5THS VOTE
REQUIRED FOR THIS ITEM)
WHEREAS, the Human Resources Department has created new classifications to better
reflect the needs of the City's workforce and to provide greater service to the community; and
WHEREAS, Chula Vista City Charter Section 500(a) requires that all new unclassified
management level positions be adopted by ordinance and a four-fifths vote of the Council.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows:
Section L That Section 2.05.010 of the Chula Vista Municipal Code is hereby
amended to read as follows:
2.05.10 Unclassified positions established.
In addition to those unclassified positions specifically delineated in Section 500 of the Charter of
the City, there are established the unclassified positions entitled: Administrative Services
Manager, A&aneed Plaffiiiffg Manage , Animal Care Facility Administrator, Animal Care
Facility Manager, Assistant Chief of Police, Assistant Director of Development Services,
Assistant Director of Engineering, Assistant Director of Human Resources, Assistant D:,.eetef 6�
T„o,.matio,, T°..t,,,,.'egy, Assistant Director of Finance, Assistant Director of Public Works,
Assistant Director of Recreation, Assistant to the City Manager/Continuous Improvement
Manager, Budget and Analysis Manager, Building Official/Code Enforcement Manager,
California Border Alliance Group (CBAG) Deputy Executive Director, CBAG Director — IV
LECC, CBAG Executive Director, Chief Service Officer, City Engineer, Constituent Services
Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director,
Director of Conservation and Environmental Services, Director of Economic Development, Fire
Division Chief, FA Accounting Technician, FA Administrative Analyst I, FA Administrative
Analyst II, FA Analyst, FA Director of San Diego Law Enforcement Coordination Center, FA
Executive Assistant, FA Geospatial Intelligence Analyst, FA Graphics Designer/Webmaster, FA
Information Security Program Manager, FA Law Enforcement Coordination Center Information
Technology Manager, FA Management Assistant, FA Microcomputer Specialist, FA Network
Administrator I, FA Network Administrator II, FA Program Analyst, FA Program Manager, FA
Public Safety Analyst, FA Network Engineer, FA Senior Public Safety Analyst, FA Senior
Secretary, Finance Manager, Fise,' Operations Managef, Housing Manager, Human Resources
Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist
(Mayor's Office), Planning Manager, Police Captain, Purchasing Agent, Real Property Manager,
2014-06-17 Agenda Packet Page 153
Ordinance No.
Page No. 2
Redevelopment and Housing Manager, Risk Manager, Senior Council Assistant, Traffic
Engineer, Transit Coordinator, Transit Manager, and Treasury Manager.
Section IL Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid,unenforceable or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section IV. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented by Approved as to form by
David Bejarano Glen R. Googins
Police Chief City Attorney
2014-06-17 Agenda Packet Page 154
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2014-06-17 Agenda Packet Page 155
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2014-06-17 Agenda Packet Page 157
ATTACHMENT A
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2014-06-17 Agenda Packet Page 158
ATTACHMENT A
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2014-06-17 Agenda Packet Page 159
ATTACHMENT A
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s Y O H
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M M M F-
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c Q W W H H H N 72 (7 a) (7 ZZJ
to 00 00 0 O LLB M M M 00 O fD O O O 6 M
L() O O L() H L() m 0 0 0 0 0 -1 m a o 1. O 1. U
1- 00 V � N M V 0 N LLB M I- M
00 00 O LLB M M M M M O M
LLB LLB LLB M M M M M M M 1-
2014-06-17 Agenda Packet Page 160
ATTACHMENT B
V m "T O I- O N LO O r- O O O O O O "T 0 0 I- O LO (D
r O I- O O N O O O Co 'Cr O O O O O (O N CO CO 'Cr
N N O = O CO M "T 'Cr co (`') LO 'Cr r- = O O 00 Co V = M CO N
N N Lo Ch L() oc O O N O [- O 00 N O O O O m m 00 0
Co M LO O I- O = = M Co O co O r— Co O O r O O O 00 M
O O "T M M LO CO N N CA M CO N CO N Co O m 'Cr
00 00 O 00 N V- � � N
N N 69, 61�Co LO 619 619 619
(O (D LO O (O O LO N fI- O I- O O O O O O V O O I- LO V O
I_ 1 00 LO N 00 O 00 M O Co 'Cr O O O O O (o O 00 N C0 ItT
LO LO (o 00 O 00 O "T O (D LO 'Cr r— = O O 00 CO = CO V (D
N N N N LO LO O O N O I� O 00 N O O O 00 Coo LO M �
LO LO LO r— Co (o O 11 Co O (o O r— CO O O r Co (0 00 m 00
_ O T 00 � LO Co Co Co M N O M CO N CO N O Co N
• L() W CA 00 Coo = N (D � N
- N NN N �� EA Efl Efl
" LO 00 "T N N N M CO LO O r— 00 N O r O CO N "T I— O
Co M 00 (o m N LO LO I I— CO r LO O (0 N � O (o (o (o m O
LO LO I— r— r— O N_ N � 00 L(7 LO CO CO = (0 O (0 CO N LO
O (D [_ O 00 O L() O Coo LO (o Ln 00 LO Coo LO N Coo O CA I� r
I— r N O N (o N 00 "T r— r— O CO "T = r— 0 "T N "T LO N O
_ 00 00 (0 N "T N � N O M CO N N = O O O N
I� r 00 CA Ni =_ N P. � � = N
N N � 69,Vi Vfl f
O O Co 00 (o r— LO O CO N = O m CA I— "T O r— N (o 00 I— "T ItT
(o (D LO r— Co O r— 00 M CO = N (D 00 Co O Co (D LO = CO N CO = M
N N I- = = CO CO O O O "T Co I I- "T O LO I O CA "T r- N N (D
00 00 LO O LO CA LO CA (D 00 00 O N LO 00 Coo 00 Ln Coo O (h O O O (D
r I_ O (o (o m I- 00 Co (o � N r- 00 (o N LO CO LO CO "T r- r r
_ LO Ln N = N I— M N 00 N (0 N N = M (o Co m 00 0)
ItT I— CO CO = N M � � N
N N � E!3 69, 69,f
O 0 0 0 0 0 0 0 0 O O O 0 O O O O 0 0 0 0 0 0 0 0
69, V9 V9 V9 V9
(n
N a)
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a) c 0-
rn +, a) rn (n
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a)
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cxo cTi a M N O N o o
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m LL~ 0 x a) X J Q p .� E c 0 c N ca ca ca
> 0 ca (n m N c o y (n o iy c o a) 2
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• r QQ y U > c .N Q c c Q v, E w S Q o N o o ca ca ca Q
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(L o O (n LL 5 M � � � _j _j 0 � � ii U J � O :3 C: co co ()f ()f O
O O_ O O O O O O O O O O_ O O O O_ O O O O
r O N Co NT LO r- O N "T O "T LO O N CO LO I-
C) 0 0 0 0 0 0 N N N N Co Co Co Co Co Co
Co Co Co Co Co Co Co (h (h (h Co CYo CYo CYo CYo CYo CYo CYo CYo CYo
2014-06-17 Agenda Packet Page 161
ATTACHMENT B
M O M LO O V 0 0 0 Ln M I- O LO O O V M O O O O N Co I- O O N O
M O M N_ M N O O O r O V O O (0 O LO O LO O M LO LO (0 V O
1- O LO M M O O O (D (0 LO O O M O LO = O I- LO Ln N 00 V CO
O N 00 O LO (0 N N V O 00 N (o (O M O V LO C6 00 00 O 00
O LO Co LO Co V (0 O 00 V O 00 I- V N O (o N V (0 00 L!7 O (o
_ 1- (o N V O (0 00 O N (o O O V N 'T M (D N N O N
1� O - h N V
NN tf}
M O t` O LO O O O O V 1- O LO O O O M LO O O O O 00 t` O O N O
(O O m t` LO M O 0 0 N LO V O = O M = (O O LO O f- LO LO (o V O
(0 O (O M f� M 0 0 0 0 O LO O O 0 LO 0 V O II- LO 00 N Co V CO O
00 N V r_ r- G N ('O Ni O M N M M M M O LO D) LO N 00 M O 00
Co LO V 00 O V (o (O O t` — = O 00 V LO O O = = , 00 Co L!7 O (O
_ f-- (0 N V Co (o M O — N (0 O O M N LO M (D V N O N
(O N � N V
ffl
(0 CO (0 (0 (0 LO r- r (0 = CO LO I- O CO O CO LO O 00 N CO O = CO V
CO V N CO CO CO O O 00 = O I- O LO CO N V LO M O O = O CO (0 (0
N LO CO CO _ O LO V LO Imo O V N CO LO CO CO _ O (D LO LO = (0 V LO CO
V I� M Ni (0 M O N _O O V (0 M N Ni (0 M P- M L() O
00 (o M LO V (o O (o 00 O = V N N O V LO 7D 00 O N O
I- (o N N M r- M r O LO I- O O V Co 00 Co M Co N O O I-
(O O 00 N M
N ffl
ffl
LO N V I- LO (o LO LO LO V V O CO N V CO I- CO CO N N N V O O I- 00 O
00 O LO I- (0 O = LO O V = = N O r- N LO r- CO LO LO 00 V CO O = CO
00 Co Co I- V V (0 Co V (0 O CO O O CO N N_ I- LO CO O LO r- N M _
V [- M 00 N V L() O 00 00 LO LO (0 Ni M 00 O Ni 00 O Ni N O I-
N Co Co 00 V N N O f- O V LO I- 00 O O r- r- LO 00 N r- Co LO Co V
I- LO N N 00 V N O V LO I- r- Co N O N LO N N O CO I-
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M M M M M M M M M M M M M M M M M M M V V V V V V V V
2014-06-17 Agenda Packet Page 162
ATTACHMENT B
O O O N CD 00 O O O O O LC) O LC) O O 0 0 0 0 0 0 O O
00 O LC) O N O "T O 00 "T LC) m O � O O
00 O N O CD "T O "T - O LC) = r- N O O O
d) O � W O) O N O O � r- Nl 00 O) 00 CD N N
r- O (D O N O N O r- Co N " O M N N
V N LC) r N (fl � CO C CO M r LO LC) U')
( � N O Ln
M Wi
C6 llihm
ffl
O O O O p- (b O O CCD) O CCD) LC) (h LC) LC OD O O O O 1n N O O
O LCD O CD N LD � 00 CO LC) LC) (fl fD M O O
Co O N O O "T LC) = O O LC) "T LC) r- 00 Or- O r O O
V O [- O O B O O O [-� O [- Ch O N N r 00 00
O r- co M LC) 00 O N m O NT NT m NT N O LO Co M
_ Co N O <D N LO CO O f- f-- f-
N N N V CO O r LCD W
Cq 69,
O O 00 NT O CO 0 0 0 0 0 0 LC) CO LC) O O O N O O 1- 00 co CD
N N NT r N (D O O 00 (0 00 LC) N N N ItT r Co M
m LC) m CD NT co O O LC) NT O r- r (0 1- O O
- - - - - - - - - - - - - - - -
O 00 O M O N O O r- O (fl -' LC) � O (fl CD
CO (0 N N Co O N LC) O NT (D Co r- N CD r O O
_ (h Co O O NT '�T CO <D 00 = �
Co M N 6, O (fl CD
r (A M ffl
ffl r
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Co m 00 O Co O r- 0 0 0 0 0 0 CO r- 0) (D (D O (0 O CO O M r LC) LO
O LC) (0 00 1 O O (b (D N 1�1- O CO LC) O � O 00 00
O Co LC) LC) I �_ O O NT N 00 NT NT = O M I- = r
00 Ch N P- -�T O LC) r- O O [-� -�T N O B O O CD LC) W
r NT m 00 (D Co N N O N Co N NT r- co O LO O 00 00
O Co Co LO LC) LC) N N N = LC) 00 CD NT ItT
(h Ch Ch O � Ch M
r (A N ffl
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N a) a) N Q y c c c c c c c c c c c c c c c c c Q Q y N Q
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O O O O O Cl) LC) (D N N Cl) N 00 LC) (D CA O
00 O O O O N N CO LC) (D r- 00 O = O O r- LC) N CO CO
V (D r� 00 O N N N N N N N N m m NT NT NT LC) 0 r- r- r- O
V NT NT NT NT LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) LC) Ch
2014-06-17 Agenda Packet Page 163
ATTACHMENT B
O O 0 0 O r 0 0 O O O O 0 0 r 0 0 O O
(t? O Ch O M tf} tf} EA M 61), 61),
O V O ItT
O O O O r
Co I- m lzr ti
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N Co CD r
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00 00 CA O O m O I- "T Cfl O E0!3� Ict "T lzr N N
00 00 N CO LC) r Co M O m O CD M 1-- 00 00
O CD CA [- N O O O Ch E N O a� r 0 0
(h M LC) O Co lzr "T lzr N M ti r N N
6ft m I- LC) N N N Eft O Efl I- r
Ch = f. M r.
ffl r (A
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Cfl CD O O Cfl Co O O O Cfl r- ItT Co M fI- "T lzr LC) LO
O CD LC) O LO I- I- CO O N r "T lzr M LC) LO LC) LO
r m Co f-- "T lzr r- Co O CD LC) LO f� I- � O CD
"T � r- m P. LC) Ln LC) = 00 I� r 00 CA O N N
Co M O Co LO "T lzr N M r N N CD Co M N N
_ Efl LO CA LO = r r Efl M Efl LO LO
Ch ' fft fft 00 00 00
ffl ffl ffl
O OEtT O O O O OEtT O OEtT O O O O 0 O 0 C O
V! EA Ef) ET ET
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Ch O Co Co Cl) m v v v LO m m
2014-06-17 Agenda Packet Page 164
ATTACHMENT B
O O O O O O O O O O O O O O O O
N N N O O O O O
N N O O O O O
Co M M Co M O O ((7
EA N Nq Co
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Co M M N N O O f�
(h M M 69, N NN (h
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f� N NN NN 69, 69, 69, N NN Co
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2014-06-17 Agenda Packet Page 165
ATTACHMENT B
O O O O O O O O (O Co N LCD (D m M O O O 'IT I M
O O � I O O (O LO LO 00 LO r- t- O O O 00 OD LO
O O O (D O O I- CO (D - M Co M O O O Ln W) T
O LO I- r 0 0 LO (O r_ O O O 0 0 0 w N
(n O Co M N N CO f-- M O O N N LO (D M 00
M (n � V3 LO C) M = (D r b9 t!} N
Ef3 Ef3 61. (D ffft r
ff) d3
O O O O O O O O V N O O (D (O (D O Cl Cl N
O O V I O O = CO OI�r = O O O O
O O (C (D O O
(D O O M O M N N O O_ O N
I- r O O _ O O V- L6 W O O M
T
r O Co M N N O N ('O LO to N O
M63 w 6ft V 0) V LO T ff} EA tD
Ln to (D
ff) Ef)
M � Co M O N Co m LO I- � LO LO O O (D N N r
to r I- r 00 Co LO LO 00 co LO (D I- r N N � N N M
I* O Co M N N to r- m I- r- N CA T CA O T LO LO O
T V- O (D L() W Ch O I� ' N N N Ch W Ln W �
O N N Ef) Lo O O LO LO = N
MfR w� � Co m I— O Ef) Ef) (D
(h to to
Ef) Ef)
O ti r— I- m O Co N LO I— O M r O O O O ItT ItT
Ott) O 00 O N 00 I— O co co co O Eft N O M O O O
T Ict � ItT � m O ItT Co O I— N (O 00 ItT = r f-
N M Ch M L() CA N CA CA L() .�f O N M L() W 0
N O N N M O O N = N O O O
M (n ItT Ef) I— O r N N LO
(f) 613 ff) Ln W ff) ff) fD
ff) ff)
Off•T OEf3 O V!t O O O 09f O O O O 09f O 09f O O 09f O OEtT OEtT
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Ch Ch Ch Ch Ch Ch Ch Ch LO
2014-06-17 Agenda Packet Page 166
ATTACHMENT B
O O o 0 0 0 0 0 0 0 0 o Co M
fR V} E9 EA EA (ri M O O Co M
00 Co O O Co M
I� ti O O N N
r N
N N N
r 6 EA
E9
O O O O O O O O 00 O 00 O O O (D O
ffl W)- 69, EA ffl " O O N N
r O O V N
N N O O 00 00
O O Co M
(fl CD ffl
O O LC) LO 00 C) "T N O O O r
LC) LO Efl "T ItT O 00 00 00 N co r LC) LO O r— r
N N LC) LO N = LC) = N O co CD N "T CD
CA O 00 69, �_ O Ni ' O O CA CD
LO_ � � � L(� (h N N N
N 69, N N
ffl ffl
r 00 00 O O O O O O O r O O LO
NT � m � M LO L 0000 N O
Ch M E+9 LC) W LC) LC) r
Efl EA O CD (O 00
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Ch M = �
ffl ffl
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CO
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rr H (n H H H H H H (n S O H U (n H O O O H
O O O + O O O O O O O
• O v O O O O O O 00 O
Cl) "T O Cl) "T LC) O N "T CA
m Ch LC) Ch Ch Ch Ch NT
2014-06-17 Agenda Packet Page 167
ATTACHMENT B
O O ItT O O ;T 0 0 It 00 O O O O O O O M
M M O E/} V w O O r- r O O ? 00
N N M O r O N N O O M
O O O N O N N N O O (D
(O (D N 1- CO r (O w O O f-
ffl M Co m M N N N N r
r N r M
Efl EA EH � � Efl
(O (D ItT O O Lo M r O O O O O O O O
N N O d3 V O (O N I- r O O !iT O
N N fl O O (O N N N O O Ln
N N N O O 00 OD N � O O N
LO LO 0> Ln (O (D O O N
ffl 00 M (O 01 N N N N
r N N = r t)
ffl 03! ffl ffl
co (D N a0 00 N O Co ItT O O "T ItT O O O M
N N M N N co Co "T ItT O Co N Co M r- r LO
N N M L() Ln O LO O LO N "T f1- 00 00 Co M O
N N M I— I%- O O � N Co oc r (p (D (h M (6
LO LO O N O (O f%- O O r 00
ffl (D N Co (D O O Co M (s> O
ItT = = �r d3 N
ffl ffl ffl ffl
(O (D N O O O r— Lo O LO "T O Co N LO O O 00
N N N N N CO CO O r "T Co f%- "T LO O ffl r
N N 00 O O = CO = (D co co N N LO f-- (D
N N 00 Co M LO = I— M M - G 0 �r
LO LO O r (O O M (`') M (; O M r
ffl f- Eft I— (D O O Co 00 N O
r r N
ffl ffl ffl ffl
O 0 O 0 C O O 0 C O O OO O OO 0
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0
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c E N Q
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O +. O O O O O O O 00 O
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LO Co Co Co Co Co 'T O
2014-06-17 Agenda Packet Page 168
ATTACHMENT B
O O O O O O O O O O 0 0 0 O N O O O
Lo LO O O N► O O LO (f? O O Co Co O
1- r O O LCD LO N O_ O LC) Co O
Ch M LCD Ln LCD Ln .�f r CO I-
N N V} LO LO 00 h r- 00
EH LO LO LO W)-j III
O O O O O O O O O O O O O O LC) LC) O
LC) LO O ER O O LO EH O O (D O 1-
f-_ r O LCD LO N O O C) "T r-
Ch M Li_ LCD Ln v r O 00 N
N N V)- LO LO 00 r N LO 00
ffl LO LO LO d3
O O O O r I- r LD 00 00 LO 00 O M 00 (° LO (°
00 00 O O (° LD 00 00 ItT (° LD (° CO r Co "T (° LO
r (° LD O O 00 00 M 00 00 N LO r- LO N Co Co LO
69, Efl � r LD LC) Ln LC) Ch O Ch O Ln
00 000 00 Efl N m N 00 N
69, LO ffl ffl ffl
LC) LO LC) LO 00 00 I- [I- LO Co M O O N N O 00 O O
LC) LO Co LD N N m O ItT O O CA O N Co
V O O "T ItT "T ItT ItT O O O O M
�
69, "T � E!3 LC) LO r Co M I� r (° O
ffl LC) LO (D 69, 69, N Co
W
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Q = U
L
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> Q N
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0 ° O 5 c y
O > O ° O O y > O ° `° ° O
i D P ii w P C P U 65 C P U N co L 0— (If U O O
O O O O + O O O O O O O O
• N Cl) O N O O O O Ch (° 00 O
N Ch O Ch I- N Ch "T 0')
Ch Co Co NT Co Co NT "T
2014-06-17 Agenda Packet Page 169
ATTACHMENT B
r O O r O O 0 0 O (0 (D O O 0 0 0 O O
r� r, O O o v v 61), 61),
Oo 0o O O O v v
O ti O 0 0 O 0
° � � (n LO
(o 6ft
v ° � 'Cr O 0 ° °EA 0 00 °° O 69, O O O 69, O
N N O O O 00 00
r N O O O N N
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fR E9 ffl EH (0 (D
• 619
(n O O O (0 w O O O O O N O N LO
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Lf O O r- r (0 w O r 00 00 Co m 00
w [- r 00 I� r fiT P- (0 (D (h M
(n O O f- N N N LO (n N N
Efl
00 N N (n O O O O O I- r "T ItT "T (0 O O O
LO 00 00 M ffl EA EA "T ItT = r O CO LO
O 00 00 O Co M LO (n LO I- M
N (h M f- (h M O O N L() 00
N NT ItT w Co M 00 00 "T (0 O
w CO N N E!3 I- 00 w
61+ 6ft (h M N
ffl ffl
O 0 O 0 C O 0 C 0 C O O O O
61+ ET EA ET 61), 61), ET ET ET
W
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H H O O O > O O O O O y > O O O H O w C H (L O _ O
H H
r r
O + O O +* O O O O O
O N O O O LO 00 O
O O Cl) O (h NT O
LO (h (h (h (h O
2014-06-17 Agenda Packet Page 170
ATTACHMENT B
O O O O LO LO O O O O O 00 M O O
ffl � 00 00 � M Co
M
00 00 r (D I— ti
O N N � O O
O � � C6 M
EA ffl ffl EA
O O Co O LO LO O O O O O r (D O O O O
ffl r 00 00 (A ffl O O r 69, LO LO
00 00 00 N N r Co M
N r_ r O O 00 O O
'Cr = r r 00 (O (D
_ N Efl O O O LO LO
E09 N � � �
O LO 00 O N N O O O N N O O ItT O O Co M
M N Co Co (D (s> O LO LO LO LO (D LO LO Co M
00 O I— N O "T O ItT "T ItT 00 O 0) N N
r L(') (h I� O O O r_� [- 00 O O L() Ln
I- LO = r O O Co M O "T ItT LO LO
(D O (O (D E3 N NN 0) 69, O O
Ll) (h M
E9 Efl
N -�T M LO LO O O O O O 00 O O 00 00
LO LO (D LO 00 M N N !i? !i? LO O O (o (D
Co M LC) "T NT O Efl O N N O O
O O N N I� Ln Ln O O 00 00
m M LO EiT EiT r (O (D
O O a) 69, = r
r O (h M
r r (A
ffl EA
O OEtT 0f O O V!t O 69, O O 69, O 69, 69, O 69, O 69,
H
Z
w
2
w
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O + O O O O O O O O
O O LO O 00 O O O O
O (h (h N "T O O (h LO
LO (h (h LO (h (h
2014-06-17 Agenda Packet Page 171
ATTACHMENT B
0 0 0 0 0 0 0 0 0 0 0 0 0 v 'Cr v
ffl ffl 00 00 N O O O tfT (h M M
O O rl V N N N
Co V!i � r r r O O O
M 69, 69, N N N
Efl ffl
O O O O O O O O O O O O O O O LO LO LO
Efl Efl Efl
LO O O O 69, = r r
M O O O N N N
(O <D <D V
E9 Efl ffl r r
ffl ffl
O N N 'T r— Co 00 00 f— O O O (O cD O O M
Co O M N T 00 Co M M O O O N N LO LO M
N 00 r LO LO O O O O N N N N O
: r— Co Lo I� r O ' ' N N N N O
a0 O N N N co cD cD 00 00 ' cD
N ffl M r r O
69, M r N N N
EA ffl ffl r r
ffl ffl
O O O O N O N O O O O O O O O 'T ItT M
LO LO O Co M ft? LO Co M M 00 00 00 00 f-
N NN ch O M I- 'T ItT ItT 00 00 (o cD LO
(O (D (h M M O 6, (O <D <D
O LO LO LO Co M O O ItT
N (C <D <D Co M
69, M r 69, r r
EA ffl ffl r r
ffl ffl
O O 69, O O O 69, O 61A 61), O 613, VEf O 09t O 09t 09t
Co
Co
H
Co
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c E -i d
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U
N w J Q
a
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'o E LL
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(A a) L 1 L 1 a w 0) 1
O E U J U J y N J J y N J J O E J N J J
N N E H
Uo (n OUOO O O rr O O ? c O 01 Q O -
1 �
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N O (D 00 O O O O O
I— N 'T 'T O O O Co (O
Co 'T 'T 'T 'T LO LO Co
2014-06-17 Agenda Packet Page 172
ATTACHMENT B
ibio O O O O LO LO O O U') O O O O O O
Esr O O 00 00 CD O O IT v 619 v
O O "T CD CD O Lo LO LO
0 0 L() 00 M M L6 r_ N N
N N M N N LO LO
Ch M M N N N
E9 EA Efl Efl
O O O O O O r O CO M O O M
fR O 00 Co O O O O O O O E9, O
O -q LC) O O O O O Co M M
O Lo O O Izf Ni O L6 cr v
N CD N � N
W)- N N Co O O
��h N � �
N N O Co M LO I— N O O L � O O r
Co 00 LO O O M O O 00 LO I— M !i? M
00 Ln N N N Ln N O O r I— O 00 00
00 f- Cfl CD ' Co 00 r Cfl Ch O O
_ N N N Co LO 'T � 0) m 0) 0)
Ch M 69, M N N N
ffl ffl ffl ffl
(D LO r O O Co N LO O O O 00 CO r r N
LO O CD � r co r— M E9 0 co LO N 7D CD 00
I— r— (b 00 LO I— M to CA = r = r N
I� Ch r I— r CA N N V- Cfl L() N O O N
N LO Co 0) In LO CD m 0) LO
_ Efl Efl N N ItT LO 00 00 m O 00
Ch M M N N N N W
ffl EA ffl ffl ffl
O O OEtT O OEtT O O OEtT O OEA 0 Ef3 O O 69, O 69, 69,
z
O
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a
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w ® 2
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y (n N
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a °' o_ E E w ' Of w
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ca C: N ` c
W Co
L N c C C O L C C 00
LL c
—
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w EN — C w O N O N w J J• 0) U) (n N C
y > m O ° O +, `6 O `6 O O +, O `6 O O
O O O O O O *+ O O O
O N O N O O • 00 O O
Cl) CO N 'T CA O 'T CY) O
Ch Co LO LO
2014-06-17 Agenda Packet Page 173
ATTACHMENT B
O O (p (D O (O (D O O O O N O O O O O O
V+ r r 69, 61), M O O O O O O
ao 00 aD 00 (D O O O O �T O
00 00 (h M N r• LCi (n I�
(h M LO (n O EA M M O
_ O Ci oc 00 I� M M Ln
� O N N N
V} Efl EA Efl
O O O Lo (f') O O r (D O Co M 0 O
Efl Ln LO r- r O N Co M "T LO
N N r f-- r r "T 'Cr Co 0
I- h M M (f') (h M [-
_ Co C Om0 OOl N r r- r O
Vi !i? !i? 61T
(h M (D (D O O O 00 00 O O O (D (D O O (D 00
N N N N r 0 (D ffl O O O LO (f') LO O
N N (D (D (O (D O O O I- r N N Cl) N
" LO (f') = T-r (h M (D (O (D cri O r--�
O O "T ItT O O M V9i O O I-
_ O O a0 00 Co M N Co M "T
Co M N N 6ft O N N N
ffl Vfl Vf ffl
(h M (O (D I- 00 "T � r- r 00 O O "T � � O
" N N (O r- 0 LO (f') " O Eft = r I- O
L() (f') l V O li (f') LO (f') r N (`') M (D LO
(O (D "T ItT = O r � -I r -I O O O
ffl N N I- r N N LO (f') 00 "T
LO (f') (D (D r Efl M "T
(h M N N 63 (D N
ffl ffl ffl ffl
O OO OO O OO OO 0 O OO O O O
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U) N
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w c
O) 0) y N N i 1 O y �- y LL
w E J a U J O a) J J w J J ® J J y E J 0) O)
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O O O O O O *+ O O O
• O O O O O O • N O N
Co NT N (h O O I— r—
(h (h LO O (h (h (h
2014-06-17 Agenda Packet Page 174
ATTACHMENT B
O O O O O 0 0 0 0 0 0 0 0 I- I- CD O O M CD O O O O
CO O O (D O Co O M M M M O O N N O O
1- O O r O LO O LO r 00 O_ O LO M
O LO N CO M M LC) M 00 O O r M N
Co V LO N N V It CD 1 O O M
M N Co V 60 P- EJ� Co 60 N
1 1 IN
O O O O O V O M M M � I- M O M CD O O O O
00 00 O M O M 'Cr Co M O O N N O O
N I- O M M N M = r O f-- r LO (p
N 'T LO LO O 00 M 00 00 r O o0 N
O CA V (O N LO M O O 1 = (D
_ 00 M CO CO N N O W} Co M 00
• M � 60 r W) N
O Co O N O O O CO 00 I- O N 00 00 O O r LO O (O
CO M (0 LO (O (O (O r- N Co M O O CA O O
M N 00 O O Co O I- 00 N N N L(7 1n r 00 M M
M (`� N Co M M LO 00 CD O O M O O � O M M
Co f� O LO N = N � Co M O 'T �
M M N 'T I- 'T � O 63 Co MM Co Co
60 60 Co
00 'T (O M 00 r- O O LO Co O M O O O O O Co M I- M O (O
M 00 CA CD Co N I- Co Co N 00 00 00 co w M O M 00 O O
N L(7 (� r M M N 00 N M M � M O 00 O O CO LO N
CO CO LO I- 'T O 'T M O O 00 LO LO V CA O N N 00 -�i M
V r- CD T N N = LO CO M 00 00 O 63 00 00 O Co
00 M N 00 'T ItT I r LO
M
603 603 (6 N
(A (A (A Co
O O O O 0 0 0 0 0 0 0 0 0 O 0 0 O 0 O 0 O O O O
Co
W
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>
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N N N (L
y
-0 o � E a_ O ayi
U) E N a> W E L v
a) E LL U' U' N aEi N aEi � D a E oiS c y ii
N a) N L c c 00 c > co N m e
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a) Q y a) c O Q y N Q Q c Q O � Q L c a)
H C m 0 c c H H a� > H O a) H ns 'c E
E O (B OP O o of 0 0 0 0 0 O O O J o O ? O U N co —C 0-
O O O O 0 0 0 0 0 0 0 O + O O O O O O
M � I- O = M T LO M CO O O N O 0 0 'T 0
1- r- r- N 'T 'T 'T 'T 'T 'T O O M I- O O
M M M 'T LO M M Co 'T '
2014-06-17 Agenda Packet Page 175
ATTACHMENT B
O O O O O O O O O O O L O O O O O O O
�' 0 0 0 00 0 00 0
r o Lri o o P- C 6 0
_
OD N Lo LO O N N N
Oct Co M <D r
N E/} ffl M E/} EA
M M
ER ffl
O 0 0 0 0 0 0 0 0 O O LO O O O O O O O
r O O O O O 0 O O O
r Ln O Ln O O P- O O O
OD 1,- 00 LO LO LO N N N
_ Oct N N <D
N 63 63 M 619 EA
• M 6
� V} Efl
00 O LO N N "T O LO I- In 00 00 LO LO O O O
V N N 0 O m O N N f- I- r = O I� r
V O -q m 0 r- r- m r LO LO M (O <D O O 'Cr (O <D
Co N N L6 - N Ni Ni N ch M M 00 00 Lf) Ln ( Efl
00 N Ln q (D O d3 M "T ItT "T ItT O
6ft 6ft
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f� r Co r- " r- O Ln N N O LO LO (D (D N 00 00
LO 00 LO 00 O (O r- O cD 00 00 cD O O (O (D I- !i?
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Co 00 LO N N 00 00 I- r U')N � d3 63 ffl �
6ft 6ft
O OEtT 0 0 0 0 0 0 0 OEtT O OEtT OEtT O 0% O 0% OEf3 O 0%
C
c E
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N L
p w
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cn (n Of 4- E J w J J • J O J J w
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O O O O H O H ?y ,0) O O p O H
O 0 0 0 0 0 0 0 O + O O O
O v LO CO O O O O O LO O
N NT NT "T (O r- 0 O Co Co Co
V "T NT NT NT NT LO Co NT Co
2014-06-17 Agenda Packet Page 176
ATTACHMENT B
O O N N I- r O O O O O O O LC) LO LO
fR (D CD LC) LO r +EA O O EA V le le
N N I- r O 1 O O O
CO M Ch M P-7 C6
00 00 r O Lfl (D r r
_ r Cp CD fl 1� I� 6ft 6ft
CO M
6ft 6ft EA 61T
O O 00 00 CO CD le O O LO LO O O LC) LO LO
Efl O O 00 00 O V} r r 6, ;T
CO M = r q + N N O O O
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6ft CO CD (t? <i?
N N N O O
6ft 6ft r r
V} E9
CA O O O " Itt 00 00 N N O 00 00 CD CD 00
" 6ft r 00 CD CD "T Itt r N N CO M O
r r Ln (p CD = r 00 N N 00 00 CD
q Itt (O CD CA O LO N N 00 00 CD
6ft (0 CD CD I— [1- (O CD 'Cr � r = r (A
r r N N I� 1- O 6ft 6ft
N N N 00
Efl Efl Efl ER
O O O O CO M M I— r LC) LO N O O (D CD CD
Efl Efl LC) LO M = r m O r m O "T Itt M
r N li N CO M CO N N CD CD O
00 00 00 CD CD � O - �r CA O O
N N N 00 00 "T I M N N r t
m O O N N N N Ln 6ft Eft Eft
' ' 6ft 00 00 00
6ft 6ft 6ft EA
CO
0
2
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Q H
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CO a (L CO
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> y O c y O c > N LO
• � �_ r � � r � � r r � � r � � r
0 0 0 + o o + 0 0
C) 00 0 0 0 + 0 0
(D v O Ch O Ch (O
m v LO Ch LO Ch v
2014-06-17 Agenda Packet Page 177
ATTACHMENT B
O O O O O O O O O O O O O O
fR Efr EPr O O 69 O 69 O O O
0 0 0 0 0 0
N N N
69 69
O O O O O O O O O O (D O O O O
69 EA 69 O O O 69 O O O
O O O O O O
O O O 0 0 O
r O O O
� 61),
O O O (O fD LO LO O O O (h M N N O
Co M M O O (O fD fs> U') = r I- r LO
I- r r Co M 00 00 u') N N 00 00 cD
N N N O O oc 00 00 OD 00 = � M
M M N N O O Co LO LO M
69 69 N N oc 00 L E fl N Nq Nq
69 (o (D (D
69 EA
N N N Co M r 00 00 N O O N N N
LO LO U') N N Co M Co M O O O O O O
O a c LO LO Co M N N O I- r Co M O
I- r ti O O N N OD 00 I � [- r O
69 EA = r N NN ItT 69 N NN NN
(h M M
69 69
O 069 61), O 069 O 069 O OEA 61), O 069 O 069 069
LL
0
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Q
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ai ai LL " ai LL o
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LU 06 .E H 06 .E E y d rr 06 .E E m d
Z a > Za 7
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r c � O c N :� L cD . c N 00
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LL r w E J J w E J p J J J r w E J p ° J J
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� r r
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m Co Co m Co m
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2014-06-17 Agenda Packet Page 178
ATTACHMENT B
O O h O O f- O O 00 O O O O
0) p- W, 6
N N I r
O C) N N r
r 00
E9 �V} Efl
00 O O O O O
N N li 't 000 0000 (D V3 V} V}
O C) N N (O CD 00
r � Co � 0)
ffl 61? ffl
00 O O N N O O w O r O O 00
N N m � 69, E
000 00
I� r N N r N
_ IQ W V3 LO
N N N
ffl ffl
LO LO (O CD (O CD (0 CD M 00 00 CO ItT O O O Co
00 00 (O CD 00 00 O O ItT N N N Co LO LO LO O 00
Co M I— r N N O O "T ItT "T "T 00 69, O Co
Ch M 00 00 Ch M V cD � N O N O Ch
"T ItT Efl -tr M LO LO CO ItT Co N
Co M N N f- O O LO LO
69, = � V3 � P- 69,
ffl ffl ffl
O 69, O 69, O 69, O 613, 613, O 69, O O 69, O 69, O O
LL
0
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Cmi v v LO ' om m m v v v
2014-06-17 Agenda Packet Page 179
ATTACHMENT B
O (D O O O O O O (o U') U') O O O O O
00 Co Co
Oo Oo
LO
O O O O O O O O M M M O O O O O
fR ffl EA ffl ffl O O O EA EA EA
O � �
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N N N
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fR Efl Co a N NEtT M 63 Efl Efl
_ O a O
00 00 O
ffl ffl
M LO 1n O r O O r N "T ItT O O M
00 00 00 O O O Eft O O O Co M LO
M N N O 00 00 r- r LO N N O O r
M N N M � O O N G 0 v v
L O O 'Cr �; Lo Co M 00 Efl "T ItT LO
fR O LO d3 (D (D fD I- I-
O O O � 'f
r r (A ffl
ffl ER
OfA O OEtT OEA O OEtT O OEtT O OEtT 61), O OEtT O OEtT OEtT
U
Z
w
Q
0
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Z Co
w w
Q Z
w
Z c 1 2
(L � U_ w
O w Q
w E CO X
w 0 (D 0 N
o (L 0) Of Co (L 0)
LU 06 c y _0 0 06 c CO
co = c > co
C O N w r- Z) C O i LU C
fD C fD C fD
L 0 � 0
1
2', L 1 L 1
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O + O O O + O O
O • O 00 O O O
O . ch v O . m O
LO ch v LO m LO
2014-06-17 Agenda Packet Page 180
ATTACHMENT B
O I- r O O O O O O O
09, W)- W)- W)- LO Ln 61O O EA r- r,
LO LO o o r-
r,
� v L() W N N
I- r N N O O
Co V O � Co �
O O O O O O O O O O O O O O O
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2014-06-17 Agenda Packet Page 181
ATTACHMENT B
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2014-06-17 Agenda Packet Page 182
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
•
CHIEF SERVICE OFFICER 1.00 - - 1.00
CONSTITUENT SERVICES MANAGER 2.00 - - 2.00
COUNCILPERSON 4.00 - - 4.00
EXECUTIVE SECRETARY 1.00 - - 1.00
MAYOR 1.00 - - 1.00
OFFICE SPECIALIST (MYR/@WILL) 1.00 - - 1.00
SR COUNCIL ASST 4.00 - - 4.00
CITY COUNCIL TOTAL 14.00 - - 14.00
ASST CITY CLERK 1.00 - - 1.00
CITY CLERK 1.00 - - 1.00
DEPUTY CITY CLERK 1 1.00 - - 1.00
RECORDS MANAGER 1.00 - - 1.00
SR RECORDS SPECIALIST 1.00 - - 1.00
CITY CLERK TOTAL 5.00 - - 5.00
o -
ASST CITY ATTORNEY 1.00 - - 1.00
CITY ATTORNEY (ELECTED) 1.00 - - 1.00
DEPUTY CITY ATTORNEY 11 3.00 - - 3.00
DEPUTY CITY ATTORNEY 111 3.00 - - 3.00
LAW OFFICE MANAGER 1.00 - - 1.00
LEGAL ASSISTANT 2.00 - - 2.00
SR ASST CITY ATTORNEY 1.00 - - 1.00
SR LEGAL ASSISTANT 1.00 - - 1.00
CITY ATTORNEY TOTAL 13.00 - - 13.00
EMU,ff MUTTIT •
ASST CITY MANAGER/ADMIN 1.00 - - 1.00
ASST TO CITY MGR/CI MANAGER 1.00 - - 1.00
CITY MANAGER 1.00 - - 1.00
DEPUTY CITY MANAGER 1.00 - - 1.00
DIR OF ECON DEVELOPMENT 1.00 - - 1.00
EXECUTIVE SECRETARY 1.00 - - 1.00
MARKTNG & COMMUNICATIONS MGR 1.00 - - 1.00
PRINCIPAL ECONOMIC DEV SPEC 1.00 - - 1.00
PUBLIC INFORMATION SPECIALIST 1.00 - - 1.00
SPECIAL EVENTS COORDINATOR 1.00 - - 1.00
2014-06-17 Agenda Packet Page 183
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
•
SR ADMINISTRATIVE SECRETARY 1.00 - - 1.00
SR ECONOMIC DEV SPECIALIST - - 1.00 1.00
SR GRAPHIC DESIGNER 1.00 - - 1.00
WEBMASTER 1.00 - - 1.00
ADMINISTRATION TOTAL 13.00 - 1.00 14.00
ASST DIR OF INFO TECHNOLOGY 1.00 - (1.00) -
DIRECTOR OF INFO TECHNOLOGY - - 1.00 1.00
GIS MANAGER 1.00 - - 1.00
GIS SPECIALIST 3.00 - - 3.00
INFO TECH MANAGER - - 1.00 1.00
INFO TECH SUPPORT SPECIALIST 4.00 - (1.00) 3.00
OPS&TELECOM MGR 1.00 - - 1.00
SR APPLICATION SUPPORT SPEC 1.00 - - 1.00
SR INFO TECH SUPPORT SPEC 3.00 - - 3.00
SR PROGRAMMER ANALYST 2.00 - - 2.00
TELECOMMUNICATIONS SPECIALIST 1.00 - - 1.00
ITS TOTAL 17.00 - - 17.00
ASST DIR HUMAN RESOURCES 1.00 - - 1.00
BENEFITS MANAGER 1.00 - - 1.00
HR ANALYST 2.00 - - 2.00
HR TECHNICIAN 2.00 - - 2.00
RISK MANAGER 1.00 - - 1.00
SENIOR HR TECHNICIAN 1.00 - - 1.00
SR FISCAL OFFICE SPECIALIST 1.00 - - 1.00
SR HR ANALYST 3.00 - - 3.00
SR RISK MANAGEMENT SPECIALIST 3.00 - - 3.00
HUMAN RESOURCES TOTAL 15.00 - - 15.00
ACCOUNTANT 1.00 - - 1.00
ACCOUNTING ASSISTANT 6.00 - - 6.00
ACCOUNTING TECHNICIAN 5.00 - - 5.00
ASSOC ACCOUNTANT 2.00 - - 2.00
ASST DIR OF FINANCE 1.00 - - 1.00
BUDGET&ANALYSIS MANAGER 1.00 - - 1.00
BUSINESS LICENSE REP 1.00 - - 1.00
COLLECTIONS SUPERVISOR 1.00 - - 1.00
2014-06-17 Agenda Packet Page 184
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
DIRECTOR OF FINANCE 1.00 - - 1.00
FINANCE MANAGER - - 1.00 1.00
FISCAL & MANAGEMENT ANALYST 4.00 - - 4.00
FISCAL OPERATIONS MANAGER 1.00 - (1.00) -
PROCUREMENT SPECIALIST 1.00 - - 1.00
SR ACCOUNTANT 1.00 - - 1.00
SR PROCUREMENT SPECIALIST 1.00 - - 1.00
TREASURY MANAGER 1.00 - - 1.00
FINANCE TOTAL 28.00 - - 28.00
� � Ti . �
ANIMAL ADOPTION COUNSELOR 2.00 - (1.00) 1.00
ANIMAL CARE ASSISTANT 6.00 - (1.00) 5.00
ANIMAL CARE FAC ADMINISTRATOR 1.00 - - 1.00
ANIMAL CARE SUPERVISOR - - 1.00 1.00
ANIMAL CONTROL OFFICER 4.00 - (1.00) 3.00
ANIMAL CTRL OFFCR SUPERVISOR - - 1.00 1.00
FISCAL OFFICE SPECIALIST - - 1.00 1.00
OFFICE SPECIALIST 1.50 - (1.00) 0.50
REGISTERED VETERINARY TECH 2.00 - 1.50 3.50
SR ANIMAL CARE ASSISTANT 2.00 - - 2.00
SR OFFICE SPECIALIST - - 1.00 1.00
VETERINARIAN (PERMITTED) 1.00 - - 1.00
VETERINARY ASSISTANT 1.00 - (1.00) -
GENERAL SVCS/ANIMAL CARE FACILITY TO 20.50 - 0.50 21.00
• "
ADMINISTRATIVE TECHNICIAN 1.00 - - 1.00
ADVANCED PLNNG MGR 1.00 - (1.00) -
ASSISTANT DIR DEVELOPMENT SVCS 1.00 - - 1.00
ASSOCIATE PLANNER 1.50 - 0.25 1.75
CODE ENF OFFCR II 6.00 - - 6.00
DEVELOPMENT SVCS DEPT DIRECTOR - - 1.00 1.00
OFFICE SPECIALIST 1.00 - - 1.00
PLANNING MANAGER - - 0.50 0.50
PLANNING TECHNICIAN 2.00 - - 2.00
PRINCIPAL PLANNER 1.00 - - 1.00
SR ADMINISTRATIVE SECRETARY 1.00 - - 1.00
SR CODE ENFORCEMENT OFFICER 2.00 - - 2.00
SR PLANNER 1.00 - - 1.00
SR PLANNING TECHNICIAN 1.00 - - 1.00
2014-06-17 Agenda Packet Page 185
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
D• R• • PROPOSED
CLASSIFICATION_& BUDGET CHANGES CHANGES BUDGET
DEVELOPMENT SERVICES TOTAL 19.50 - 0.75 20.25
ADMINISTRATIVE SERVICES MANAGR 1.00 - - 1.00
AUTOMATED FINGERPRINT TECH 1.00 - - 1.00
CHIEF OF POLICE 1.00 - - 1.00
CIVILIAN BACKGROUND INVESTIGTR 1.00 - - 1.00
COMMUNITY SERVICE OFFICER 5.50 2.00 0.50 8.00
CRIME LABORATORY MANAGER 1.00 - - 1.00
DETENTION FACILITY MANAGER 1.00 - - 1.00
EVIDENCE CONTROL ASST 2.00 - - 2.00
FACILITY& SUPPLY SPECIALIST 0.50 0.50 - 1.00
FISCAL OFFICE SPECIALIST - 0.50 - 0.50
FORENSICS SPECIALIST 2.00 - - 2.00
LATENT PRINT EXAMINER 2.00 - - 2.00
PARKING ENFORCEMENT OFFICER 2.00 - - 2.00
PEACE OFFICER 146.00 (1.00) 1.00 146.00
POLICE AGENT 49.00 - - 49.00
POLICE CAPTAIN 3.00 - - 3.00
POLICE COMM SYSTEMS MANAGER 1.00 - - 1.00
POLICE DATA SPECIALIST 3.00 - (1.00) 2.00
POLICE DISPATCHER 20.00 - - 20.00
POLICE DISPATCHER SUPERVISOR 6.00 - - 6.00
POLICE LIEUTENANT 9.00 - - 9.00
POLICE RECORDS SPECIALIST 5.50 - 1.00 6.50
POLICE RECORDS TRANSCRIPTIONIS 2.00 - - 2.00
POLICE SERGEANT 23.00 - - 23.00
POLICE SERVICES OFFICER 10.00 - - 10.00
POLICE SUPPORT SERVICES MGR 1.00 - - 1.00
POLICE SVCS OFFICER SUPERVISOR 2.00 - - 2.00
POLICE TECHNOLOGY SPECIALIST 1.00 - - 1.00
PRINCIPAL MANAGEMENT ANALYST 1.00 - - 1.00
PUBLIC SAFETY ANALYST 3.00 - - 3.00
RANGE MASTER 0.50 - - 0.50
SECRETARY 3.00 - - 3.00
SR ADMINISTRATIVE SECRETARY 1.00 - - 1.00
SR FISCAL OFFICE SPECIALIST 2.00 (1.00) - 1.00
SR OFFICE SPECIALIST 4.00 - - 4.00
SR POLICE DATA SPECIALIST 1.00 - - 1.00
SR PUBLIC SAFETY ANALYST 1.00 - - 1.00
TRAINING PROGRAMS SPEC 1.00 - - 1.00
2014-06-17 Agenda Packet Page 186
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
POLICE TOTAL 319.00 1.00 1.50 321.50
DEPUTY FIRE CHIEF 3.00 - - 3.00
FACILITY& SUPPLY SPECIALIST 1.00 - - 1.00
FIRE BATTALION CHIEF (112 HR) 6.00 - - 6.00
FIRE CAPTAIN (112 HR) 33.00 - - 33.00
FIRE CAPTAIN (80 HR) 2.00 - - 2.00
FIRE CHIEF 1.00 - - 1.00
FIRE DIVISION CHIEF 1.00 - - 1.00
FIRE ENG (112 HR) 33.00 - - 33.00
FIRE ENG (80 HR) 1.00 - - 1.00
FIRE INSP/INVEST 1 1.00 - - 1.00
FIRE INSP/INVEST II 5.00 - - 5.00
FIRE PREV ENG/INVEST 1.00 - - 1.00
FIREFIGHTER (112 HR) 42.00 (4.00) - 38.00
FIREFIGHTER/PARAMEDIC (112 HR) - 4.00 - 4.00
OFFICE SPECIALIST 1.00 - (1.00) -
PRINCIPAL MANAGEMENT ANALYST 1.00 - - 1.00
PUBLIC SAFETY ANALYST 1.00 - - 1.00
SECRETARY 1.00 - - 1.00
SR ADMINISTRATIVE SECRETARY 1.00 - - 1.00
SR FIRE INSP/INVEST 1.00 - - 1.00
SR OFFICE SPECIALIST - - 1.00 1.00
FIRE TOTAL 136.00 - - 136.00
- • - • " MTN•
ADMIN ANALYST II 2.00 - - 2.00
ADMINISTRATIVE SECRETARY 1.00 - - 1.00
ADMINISTRATIVE SERVICES MANAGR 1.00 - - 1.00
ASSISTANT SURVEYOR II 1.00 - - 1.00
ASSOC ENGINEER 11.00 - (1.00) 10.00
ASST DIR OF PUBLIC WORKS 1.00 - - 1.00
ASST DIRECTOR OF ENGINEERING 1.00 - - 1.00
ASST ENGINEER - - 1.00 1.00
BLDG PROJECT MANAGER 1.00 - - 1.00
CONSERVATION SPECIALIST I 1.00 - - 1.00
CONSTRUCTION & REPAIR MGR 1.00 - - 1.00
CUSTODIAL & FACILITIES MANAGER 1.00 - - 1.00
CUSTODIAL SUPERVISOR 3.00 - - 3.00
CUSTODIAN 9.50 - - 9.50
2014-06-17 Agenda Packet Page 187
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
DIR OF PUBLIC WORKS 1.00 - - 1.00
ELECTRICIAN 2.00 - - 2.00
ELECTRONICS TECHNICIAN 1.00 - - 1.00
ENGINEERING TECH II 1.50 - - 1.50
ENVIRONMENTAL HLTH SPEC 2.00 - - 2.00
ENVIRONMENTAL RESOURCE MANAGER 1.00 - - 1.00
ENVIRONMENTAL RESOURCE SPEC 1.00 - - 1.00
EQUIPMENT OPERATOR 2.00 - - 2.00
FISCAL OFFICE SPECIALIST 1.00 - - 1.00
GARDENER II 22.00 - - 22.00
HVAC TECHNCIAN 2.00 - - 2.00
LAND SURVEYOR 1.00 (1.00) - -
LEAD CUSTODIAN 5.00 - - 5.00
LOCKSMITH 2.00 - - 2.00
MAINTENANCE WORKER II 9.00 - - 9.00
MANAGEMENT ANALYST - - 1.00 1.00
OPEN SPACE INSPECTOR 5.00 - - 5.00
OPEN SPACE MANAGER 1.00 - - 1.00
PARK RANGER SUPERVISOR - 1.00 - 1.00
PARKS OPERATIONS MANAGER 1.00 - - 1.00
PARKS SUPERVISOR 4.00 - - 4.00
PLUMBER 1.00 - - 1.00
PRINCIPAL CIVIL ENGINEER 3.00 - - 3.00
PUB WORKS SPECIALIST 2.00 - (1.00) 1.00
PUBLIC WORKS INSP II 6.00 - - 6.00
PUBLIC WORKS MANAGER 1.00 - - 1.00
PUBLIC WORKS SUPERVISOR 2.00 - - 2.00
PUMP MAINT TECHNICIAN 4.00 - - 4.00
PUMP MAINTENANCE SUPERVISOR 1.00 - - 1.00
REAL PROPERTY MANAGER 1.00 - - 1.00
SECRETARY 1.00 - - 1.00
SIGN ING&STRIPING SUPERVISOR 1.00 - - 1.00
SR ADMINISTRATIVE SECRETARY 1.00 - - 1.00
SR CIVIL ENGINEER 4.00 1.00 - 5.00
SR ENGINEERING TECHNICIAN 2.00 - - 2.00
SR FISCAL OFFICE SPECIALIST 1.00 - - 1.00
SR GARDENER 9.00 - - 9.00
SR HVAC TECHNICIAN 1.00 - - 1.00
SR LANDSCAPE INSPECTOR 1.00 - - 1.00
SR MAINTENANCE WORKER 8.00 - - 8.00
SR MANAGEMENT ANALYST 1.00 - - 1.00
SR OPEN SPACE INSPECTOR 1.00 - - 1.00
2014-06-17 Agenda Packet Page 188
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
SR PARK RANGER 1.00 (1.00) - -
SR PUB WORKS SPECIALIST 1.00 - - 1.00
SR PUBLIC WORKS INSP 2.00 - - 2.00
SR SECRETARY 1.00 - - 1.00
SURVEY TECHNICIAN II 1.00 - - 1.00
TRAFFIC DEVICES TECH 3.00 - - 3.00
TRAFFIC DEVICES TECH SUPV 1.00 - - 1.00
TREE TRIMMER SUPERVISOR 1.00 - - 1.00
WASTEWATER COLLECTIONS MANAGER 1.00 - - 1.00
PUBLIC WORKS OPERATIONS TOTAL 163.00 - - 163.00
ADMINISTRATIVE SECRETARY 1.00 - - 1.00
AQUATIC SUPV I 1.00 - - 1.00
AQUATIC SUPV II 2.00 - - 2.00
AQUATIC SUPV III 1.00 - - 1.00
DIRECTOR OF RECREATION 1.00 - - 1.00
PRINCIPAL RECREATION MANAGER 2.00 - - 2.00
RECREATION SUPERVISOR II 3.00 (1.00) - 2.00
RECREATION SUPERVISOR III 4.00 1.00 - 5.00
SR FISCAL OFFICE SPECIALIST 1.00 - - 1.00
SR RECREATION MGR 1.00 - - 1.00
RECREATION TOTAL 17.00 - - 17.00
1 u ME ME
ADMIN ANALYST II 1.00 - - 1.00
DIR OF LIBRARY - - 1.00 1.00
DIR OF LIBRARY& RECREATION 1.00 - (1.00) -
LIBRARIAN I 1.00 - - 1.00
LIBRARIAN II 4.00 - - 4.00
LIBRARIAN III 2.00 - - 2.00
LIBRARY ASSOCIATE 8.50 - - 8.50
LIBRARY DIGITAL SERVICES MGR 1.00 - - 1.00
PRINCIPAL LIBRARIAN 1.00 - - 1.00
SR LIBRARIAN 2.00 - - 2.00
LIBRARY TOTAL 21.50 - - 21.50
SUBTOTAL GENERAL FUND 801.50 1.00 3.75 :06
SUPPORT ADVANCED LIFE
EMS NURSE COORDINATOR 1.00 - - 1.00
2014-06-17 Agenda Packet Page 189
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
bL FY 2013-14 FY i 2014-15 FY 2014-15
ADOPTED MIDYEAR PROPOSED PROPOSED
CIASSIFICATIO BUDGET CHANGES CHANGES BUDGET
ADVANCED LIFE SUPPORT FUND TOTAL 1.00 - - 1.00
POLICE DEPT GRANTS FUND
CBAG DEPUTY DIRECTOR SD LECC 1.00 - - 1.00
CBAG DEPUTY EXEC DIR 1.00 - - 1.00
CBAG DIRECTOR OF IV-LECC 1.00 - - 1.00
CBAG EXECUTIVE DIRECTOR 1.00 - - 1.00
FA ADMIN ANALYST II 2.00 - - 2.00
FA ANALYST 4.00 - - 4.00
FA DIRECTOR OF SD LECC 1.00 - - 1.00
FA GEOSPATIAL INTEL ANALYST 1.00 - - 1.00
FA GRAPHIC DESIGNER/WBMSTR 1.00 - - 1.00
FA INFO SECURITY PROGRAM MGR - 1.00 - 1.00
FA LECC IT MANAGER 1.00 - - 1.00
FA NETWORK MANAGER 1.00 (1.00) - -
FA NTWRK ADMINISTRATOR II 4.00 - - 4.00
FA PROGRAM ANALYST 1.00 - - 1.00
FA PROGRAM ASSISTANT - 2.00 - 2.00
FA PROGRAM MANAGER 2.00 - - 2.00
FA PUBLIC SAFETY ANALYST 5.00 (3.00) - 2.00
FA RCFL NETWORK ENGINEER 2.00 - - 2.00
FA SR PUBLIC SAFETY ANALYST 1.00 3.00 - 4.00
FA SR SECRETARY - 1.00 - 1.00
PEACE OFFICER 3.00 1.00 (1.00) 3.00
POLICE AGENT 1.00 - - 1.00
POLICE COMM RELATIONS SPEC 1.00 - - 1.00
POLICE SERGEANT 2.00 - - 2.00
POLICE DEPT GRANTS FUND TOTAL 37.00 4.00 (1.00) 40.00
EMERGENCY SVCS COORDINATOR - - 1.00 1.00
GIS SPECIALIST 1.00 - - 1.00
FEDERAL GRANTS FUND TOTAL 1.00 - 1.00 2.00
. �
ENVIRON SVCS PROG MGR 1.00 - - 1.00
RECYCLING SPECIALIST I 1.00 - - 1.00
RECYCLING SPECIALIST II 3.00 - - 3.00
ENVIRONMENTAL SERVICES TOTAL 5.00 - - 5.00
2014-06-17 Agenda Packet Page 190
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED bL FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
HOUSING MANAGER 1.00 - - 1.00
PROJECT COORDINATOR II 2.00 - - 2.00
SR PROJECT COORDINATOR 1.00 - - 1.00
CV HOUSING AUTHORITY TOTAL 4.00 - - 4.00
r • : • ' ir
FrUMMEMS
SR PROJECT COORDINATOR 1.00 - (1.00) -
REDV OBLIGATION RETIREMENT FND TOTA 1.00 - (1.00) -
FLEET MANAGEMENT
EQUIPMENT MECHANIC 3.00 1.00 - 4.00
FIRE APPARATUS MECH 2.00 - - 2.00
FISCAL OFFICE SPECIALIST 1.00 - - 1.00
FLEET INVENTORY CONTROL SPEC - 1.00 - 1.00
FLEET MANAGER 1.00 - - 1.00
SR EQUIPMENT MECHANIC 1.00 - - 1.00
FLEET MANAGEMENT TOTAL 8.00 2.00 - 10.00
F1.7-1 mk
TRANSIT MANAGER 1.00 - - 1.00
TRANSIT TOTAL 1.00 - - 1.00
DEVELOPMENT - r
ASSOC ENGINEER 3.00 - - 3.00
ASSOCIATE PLANNER 4.00 - - 4.00
BUILDING INSPECTOR II 4.00 - - 4.00
BUILDING INSPECTOR III 1.00 - - 1.00
BUILDING OFF/CODE ENF MGR 1.00 - - 1.00
DEV PLANNING MGR 1.00 - (1.00) -
DEVELOPMENT SERVICES TECH I - - 1.00 1.00
DEVELOPMENT SERVICES TECH II - - 1.00 1.00
DEVELOPMENT SVCS DEPT DIRECTOR 1.00 - (1.00) -
DEVELOPMENT SVCS TECH II 3.00 - - 3.00
DEVELOPMENT SVCS TECH III 2.00 - - 2.00
DEVLPMT SVCS COUNTER MGR 1.00 - - 1.00
ENGINEERING TECH II 1.00 - - 1.00
LANDSCAPE ARCHITECT 0.50 - 2.00 2.50
LANDSCAPE PLANNER II 3.00 - (2.00) 1.00
PLAN CHECK SUPERVISOR 1.00 - - 1.00
2014-06-17 Agenda Packet Page 191
ATTACHMENT C
AUTHORIZED • • BY DEPARTMENT
ADOPTED FY 2013-14 FY 2013-14 FY 2014-15 FY 2014-15
R• •SED PROPO
CLASSIFICATION
PLANNING MANAGER - - 1.00 1.00
PLANS EXAMINER 3.00 - - 3.00
PRINCIPAL CIVIL ENGINEER 1.00 - - 1.00
PRINCIPAL PLANNER 2.00 - - 2.00
SECRETARY 1.00 - - 1.00
SR BUILDING INSPECTOR 1.00 - - 1.00
SR ENGINEERING TECHNICIAN 1.00 - - 1.00
SR OFFICE SPECIALIST 2.00 - - 2.00
SR PLANNER 4.00 - - 4.00
SR PROJECT COORDINATOR 1.00 - - 1.00
SR SECRETARY 1.00 - - 1.00
TRANSPORTATION ENGINEER W/CERT 1.00 - - 1.00
DEVELOPMENT SERVICES FUND TOTAL 44.50 - 1.00 45.50
ASSOC ENGINEER 2.00 - - 2.00
ENGINEERING TECH II 2.00 - - 2.00
EQUIPMENT OPERATOR 3.00 - - 3.00
MAINTENANCE WORKER II 18.00 - - 18.00
PUB WORKS SPECIALIST 1.00 - - 1.00
PUBLIC WORKS SUPERVISOR 4.00 - - 4.00
SR CIVIL ENGINEER 1.00 - - 1.00
SR FISCAL OFFICE SPECIALIST 1.00 - - 1.00
SR MAINTENANCE WORKER 14.00 - - 14.00
SEWER TOTAL 46.00 - - 46.00
NON-GENERAL • 00
TOTAL AUTHORIZED POSITIONS 950.00 7.00 3.75 960.75
2014-06-17 Agenda Packet Page 192
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE MAYOR TO ENTER
INTO A RESTATED AND AMENDED LAND OFFER
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
SSBT LCRE V, LLC; FOR CONVEYANCE OF 128.6 ACRES
TO THE CITY FOR UNIVERSITY/REGIONAL
TECHNOLOGY PARK DEVELOPMENT
WHEREAS, in adopting the Otay Ranch General Development Plan in 1993 the City of
Chula Vista formally declared its intent to plan for and pursue an institution(s) of higher learning
within its municipal boundaries; and
WHEREAS, the updated City of Chula Vista General Plan in December 2005 recognized
the many benefits of a Regional Technology Park, which would be associated with the
University(ies); and
WHEREAS, JJJ & K Investments Two, LLC; OV Three Two, LLC; an R Quarry, LLC,
all Delaware limited liability companies and the City, entered into a Land Offer Agreement,
dated May 20, 2008 that was recorded against real property commonly referred to as Villages
3,4,8,9 and 10 of the Otay Ranch Project(First Land Offer Agreement); and
WHEREAS, JJJ & K Investments Two, LLC; OV Three Two, LLC; parcel ownership
boundaries changed resulting in the need to amend the First Land Offer Agreement; and
WHEREAS, on August 17, 2010, the City entered into an Amended Land Offer
Agreement reflecting parcel ownership changes;
WHEREAS, pursuant to the terms of First Land Offer Agreement and Amended Land
Offer Agreement, the City may accept Irrevocable Offers of Dedication for 160 gross acres to be
utilized as a University/Regional Technology Park and other uses set forth in said instrument
(University Property); and
WHEREAS, the above describes entities no longer owned by all of the properties
described in the First Land Offer Agreement and Amended Land Offer Agreement; and
WHEREAS, SSBT LCRE V, LLC as the current owners of the University Property,
would like to proceed with the entitlements process for Villages 3 north portion of 4, 8 East and
10 of the Otay Ranch Project; and
2014-06-17 Agenda Packet Page 193
Resolution No.
Page 2
WHEREAS, the City's Development Services Director has reviewed the proposed
activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that there is no possibility that the activity may have a significant effect on the
environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the
activity is not subject to CEQA, and future entitlements associated with the land offer agreement
will be subject to further environmental review at the time specific projects are proposed; and
WHEREAS, SSBT LCRE V, LLC (Collectively "Owner") agrees to convey the
University Property pursuant to the terms of the new proposed Restated and Amended Land
Offer Agreement for Villages 3 north portion of 4, 8 East and 10 of the Otay Ranch Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that the City Council does hereby approve the Amended and Restated Land Offer
Agreement between the City of Chula Vista and Owner for conveyance of 128.6 acres for
University/Regional Technology Park and other associated purposes; and 22.6 acres of active
recreation land, 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
Kelly G. Broughton, FASLA Glen R. Googins
Director of Development Services City Attorney
2014-06-17 Agenda Packet Page 194
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA 276 Fourth Avenue
Chula Vista, CA 91910
Above Space for Recorder's Use
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RESTATED AND AMENDED LAND OFFER AGREEMENT
This Restated and Amended Lan d O ffer Agreement("Agreement")is entered into to
be effective as of une 17,2014, ("Effective Date") by and between SSBT LCRE V,LLC, a
limited liability corporation(referred to collectively as "Owner") and the City of Chula Vista,
a political subdivision of the State of California ("City").
RECITALS
A. Owner owns the undeveloped real property located in the City as more
particularly shown on the attached Exhibit"A" (the "Property'
B. The Property is part of a master planned community commonly known as
Villages 3 North, a portion of Village 4, S East, and 10 of the Otay Ranch Project.
C. Owner and City were parties to that certain Land Offer Agreement, dated
May 20, 2008, (the "First Land Offer Agreement") that was recorded against the Property
and additional property commonly referred to as Otay Ranch Village 4 (the "Village 4
Property").
D. On August 17, 2010, the City and Owner entered into an Agreement that
superseded the First Land Offer Agreement (the "Superseded Land Offer Agreement")
with respect to the Property. The Superseded Land Offer Agreement specifically excluded
the Village 4 Property from the provisions of said Agreement because the Owner no longer
owned the Village 4 Property.
E.
E. The Superseded Land Offer Agreement allowed the City to accept offers of dedication
for one hundred sixty (160) acres within the Property for the development of a facility for
higher education and other compatible land uses in the Otay Ranch Project if certain
conditions of said Agreement occurred. In addition, the Superseded Land Offer
Agreement reduced the total potential dwelling units allowed under the First Land Offer
Agreement from 7,350 to 6,600 for the Property.
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F. Owner and City now desire to amend the Superseded Land Offer
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Agreement in order to reflect the new land use plan being proposed by the Owner for the
Property attached as Exhibit "B" (the "Land Use Plan") along with a number of other
refinements to be added to the Land Use Plan.
G. Owner and City, by entering into this Agreement, shall set forth the new
terms and conditions precedent for Owner's conveyance and City's acceptance of
approximately 130.7 acres within the Property, depicted in Exhibit "C" and legally
described in Exhibit "D" (the "University Property") and approximately twenty two (22)
acres of active recreation property within the Otay River Valley Regional Park, depicted in
Exhibit"E" and legally described in Exhibit"I"' (the "Recreation Property").
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NOW, THEREFORE, in consideration of the above recitals and of the mutual
covenants hereinafter contained, and for other good and valuable considerations, the
receipt and sufficiency of which is hereby acknowledged, Owner and City agree as follows:
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ARTICLE 1
DEFINITIONS
1.1 Definitions. This Agreement uses a number of terms having specific meanings, as
defined below. These specially defined terms are distinguished by having the initial letter
capitalized,when used in this Agreement. The defined terms include the following:
"40 Acre University Site" means that certain real property depicted in Exhibit"G"
that is located in the preserve as of the Effective Date of this Agreement, and is
anticipated to become a part of the City's university. As shown on Exhibit "G,"
approximately 2.1 acres of the 40 Acre University Site overlap with the University
Property and are included within the University IOD that allows for the transfer of
ownership of the University Property to the City.
"Development Agreements" means the Restated and Amended Pre--Annexation
Development Agreement between the City and Jewels of Charity recorded August 6,
1996, Restated and Amended Pre-Annexation Development Agreement between the City
and SNMB, LTD recorded August 6, 1996, and Restated and Amended Pre Annexation
Development Agreement between the City and United Enterprises recorded August 6,
1996.
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"Effective Date" means the date the Agreement becomes effective and is set forth
in the first paragraph of this Agreement.
"Entitlements" means: (i.) amendments to the City's General Plan and the Otay
Ranch General Development Plan which establish 6,600 as the maximum number of
residential units to be permitted for development for the Property with the potential
maximum of 6,597 residential units that may be permitted pursuant to paragraph 2.1.2.1
(the additional 297 units would equal 6,897 as the maximum number of residential units
that the City agrees to consider in good faith for potential development in accordance
with paragraph 2.1.2.1 and 2.1.2.2. ("Additional 297 units"); (ii) Sectional Planning Area
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Plans ("SPA Plans") for the Property designating the permitted land uses,
densities and intensities of development, which are in substantial compliance with
the Land Use Plan depicted on Exhibit "B", (iii) tentative subdivision maps to
subdivide the Property in accordance with the SPA Plans and related entitlement
documents, such as Public Facilities Financing flans, necessary to implement the
SPA Plans, as may be identified in the Processing Agreement; and (iv) appropriate
California Environmental Quality Act compliance for the discretionary actions
outlined in items (i), (ii) and (iii) above.
First Land Offer Agreement means that certain agreement entered into between
JJJ&K Investments Two, LLC; OV Three Two, LLC; and RR Quarry, LLC, all Delaware
limited liability companies and the City, dated May 20, 2008.
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"Growth Management Program" means the City policies and standards intended
to regulate the timing and phasing or rate of growth within the City, as set forth in the
City's Growth Management Element of the City's General Plan and Chapter 19.09 of the
Chula Vista Municipal Code in effect as of the Effective Date of this Agreement.
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"Hazardous Materials" means any substance, material or waste which is or
becomes (1) regulated by any local or regional governmental authority, the State of
California or the United States Government as hazardous waste, (ii) defined as a "solid
waste", sludge", hazardous waste", extremely hazardous waste", restricted hazardous
waste", "Non--RCRA hazardous waste," "RCRA hazardous waste", or "recyclable
material"; under any federal, state or local statue, regulation or ordinance, including
without limitation Sections 25115, 25117, 251179, 25120.2, 25120.5, 251227, 25140,
25.141 of the California Health and Safety Code; (iii) defined as "Hazardous Substance"
under Section 25316 of the California Health and Safety Code; (iv) defined as a
"Hazardous Material", "Hazardous Substance", or "Hazardous Waste" under Section
25501 of the California Health and Safety Code; (v) defined as a "Hazardous Substance"
under Section 25281 of the California Health and Safety Code; (vi) asbestos; (vii)
Petroleum products, .including without limitation, petroleum, gasoline, used oil, crude oil,
waste oil and any fraction thereof, natural gas, natural gas liquefied, natural gas or
synthetic fuels, (viii) materials defined as hazardous or extremely hazardous pursuant to
the California Code of Regulations; (ix) polychlorinated biphenyls; (x) defined as a
"Hazardous Substance" pursuant to Section 311. of the Federal Water Pollution Control
Act (33 U.S.C. Section .1251, et seq.); (xi) defined as a "Hazardous Waste" pursuant to
Section 1004 of the Federal Resource Conservation and Recovery Act, 42 U.S.C. Section
6901., et seq., (xii) defined as a "Hazardous Substance" or "Mixed Waste" pursuant to
Section 101 of the Comprehensive Environmental Response Compensation and Liability
Act, 42 U.S.C. Section 9601, et seq. and regulations promulgated hereunder; (xiii) defined
as a "Hazardous Substance" pursuant to Section 401.1.5 of the Clean Water Act, 40 C.F.R.
116; OR (xi.v) defined as an "Extremely Hazardous Substance" pursuant to Section 302 of
the Superfund Amendments and Reauthorizations Act of 1986, 42 U.S.C. Section 11002,
et seq.
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"Irrevocable Offers of Dedication" means the University Property IOD and the
Recreation Property IOD, collectively,as those terms are defined below.
"Processing Agreement" means the Project Staffing and Processing Agreement, to
be entered into by the City and Owner, in which the timing and processing of the
Entitlements will be set forth therein.
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"Project" means the development of the Property consistent with the provisions
of the Entitlements, applicable City policies and standards including the City Growth
Management Program.
"Property" means the real property described and shown in Exhibit "A" to this
Agreement.
"Recreation Property" means the real property, approximately 22 acres, east of
SR-125 located within the Otay River Valley designated as Active Recreation in the City's
General Plan and is included in the legal description of the Recreation Property IOD
attached as Exhibit"F."
E
"Recreation Property IOD"means the Irrevocable Offer of Dedication,attached as
Exhibit"H"that allows for the transfer of ownership of the Recreation Property to the City.
"Superseded Land Offer Agreement" means that certain agreement entered into
between JJJ&K Investments Two, LLC and OV Three Two,LLC;both Delaware limited
liability companies and the City, dated August 17, 2010.
"Term" shall mean the period of time from the Effective Date until the
termination of this Agreement as set forth in Paragraph 4.3.
"Third Party Litigation" means any claim, action, referendum or proceeding filed
and served against the City and/or Owner by anyone not a party to this Agreement or
their agents or successors in interest to challenge, set aside, void or annul the approval of
this Agreement or the Entitlements, including without limitation, attacks upon California
Environmental Quality Act compliance.
"University Property" means the real property, approximately 130.7 acres within
the Property and is included in the legal description of the University IOD attached as
Exhibit "D." As shown on Exhibit "G," approximately 2.1 acres of the 40 Acre
University Site overlaps with the University Property and is included within the University
IOD that allows for the transfer of ownership of the University Property to the City.
"University IOD" means the Irrevocable Offer of Dedication, attached as Exhibit
"I" that allows for the transfer of ownership of the University Property to the City.
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ARTICLE 2
OFFER OF DEDICATION
AND THE FIRST LAND OFFER AGREEMENT
2.1 Superseded Land Offer Agreement. This Agreement supersedes the Superseded Land
Offer Agreement between Owner and City with respect to the Property. The Parties agree
that this Agreement shall prevail with respect to the City's ability to accept the Irrevocable
Offers of Dedication. The Superseded Land Offer Agreement is void and unenforceable
upon the Effective Date of this Agreement.
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2.1.1 Irrevocable Offers of Dedication. The Parties acknowledge that the City was €
provided an irrevocable offer of dedication under the Superseded Land Offer Agreement.
At such time as Owner provides the Irrevocable Offers of Dedication in accordance with
paragraph 2.2 herein, City covenants and agrees that it shall vacate the irrevocable offer of
dedication recorded pursuant to the Superseded Land Offer Agreement and instead
record the Irrevocable Offers of Dedication. As a condition precedent to this
Agreement, the City must have approved the new legal description for the University
Property and have reviewed and approved a Preliminary Title Report for said properties.
Concurrently with the Effective Date of this Agreement, Owner shall also submit to the E
City the Recreation Property IOD. Notwithstanding any provisions of the First Land
Offer Agreement or the Superseded Land Offer Agreement, Owner hereby agrees that the
City shall accept the Irrevocable Offers of Dedication for the University Property and the
Recreation Property subject only to the terms of this Agreement.
2.1.2 Village 4 Property. The Owner would like to proceed with the entitlement
process for Villages 3 North, a portion of 4, 8 East, and 10 of the Otay Ranch Project.
As stated in the Superseded Land Offer Agreement, Owner no longer owns all of the
Village 4 Property. Owner acknowledges that nothing in this Agreement shall affect the
rights, if any, of the third--party owner of a portion of the Village 4 Property to seek land
use entitlements from the City pursuant to the First Land Offer Agreement. Owner
agrees not to interfere or take any action to prevent the third-party owner of that portion
of the Village 4 Property from processing said entitlements, but retains the right to
comment on any proposal by the third-party owner of a portion of the Village 4 Property
that could have an adverse impact on the Project and the right to enforce any rights
Owner may have under that certain Declaration of Use Restrictions for Otay Ranch
Village Four, Chula Vista, California recorded in the official records of San Diego County
as document number 2007-0392805 on June 11, 2007. Notwithstanding the foregoing,
Owner understands and agrees that the City's acceptance of the Irrevocable Offers of
Dedication is not related to or subject to any decision on any entitlements for the Village 4
Property not included under this Agreement.
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2.1.2.1. Additional 297 Units. The Parties acknowledge that, as of the
Effective Date of this Agreement, the Land Use Plan includes the Additional 297
Units. The City agrees to consider in good faith the incorporation of the
Additional 297 Units in the Land Use Plan. Notwithstanding the foregoing, the
Parties specifically understand and agree that Owner's obligation to convey the
University Property and Recreation Property is in no way contingent on the City's
approval of a Land Use Plan that includes the Additional 297 Units. In the event
that the Owner and City have not been able to agree on the placement of the
Additional 297 units, or any part thereof, on the Land Use Plan at the time such as
the Entitlements are to be decided upon by the City, Owner understands and
agrees that the City shall nevertheless be entitled to accept the Irrevocable Offers
of Dedication if the Entitlements are approved in accordance with paragraph 3.3
of this Agreement for a maximum of 6,600 residential units or for a number of
units that exceeds 6,600 but is something less than 6,897. In such event, the
Additional 297 units, or any part thereof, not approved by City, shall no longer be
available to the Owner.
2.1.2.2. Payment. In the event the City approves the Entitlements with the
Additional 297 Units, and should the portion of Village 4 Property that is not
owned by the Owner receive approval of entitlements of over 453 dwelling units,
the Owner shall pay the City two thousand dollars ($2,000.00) for every dwelling
unit over 453 units approved by the City for said portion of Village 4 up to a
maximum of 297 units. Owner's obligation to pay said amounts shall not expire
with this Agreement and shall be enforceable by the City by tentative map
condition, for ten (10) years after the City has accepted the Irrevocable Offers of
Dedication,if such acceptance occurs as set forth in this Agreement.
2.2 Offer of Dedication. Concurrently with the Effective Date of this Agreement, Owner
shall submit to the City the University Property IOD for fee title to the University
Property subject to the uses set forth in the University Property IOD which include
higher educational purposes and related compatible uses, active public recreation,
quasi-public, and all other uses, including residential, industrial and commercial. The
uses set forth for the University Property are referred to collectively as the "Permitted
Uses." In the event the City determines that the University Property or a portion thereof
will be developed for any Permitted Uses other than (i) higher educational uses, including
a university campus; (ii) university-related housing (student and/or faculty housing); (iii) a
regional technology park or campus intended to attract and promote a university; or (iv)
uses ancillary to a university, such as a bookstore, coffee house or copy center, or other
accessory land uses commonly associated with higher educational institutions (uses other
than those described in subsections (i) through (iv) collectively shall be referred to as j
"Non-university Development"), Owner shall have the right to repurchase that portion of
the University Property proposed for Non-university Development in accordance with the
terms and conditions set forth herein ("Repurchase Right"). Notwithstanding the
foregoing, the Repurchase Right shall not apply to the 40 Acre University Site or the
Recreation
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Property. The Repurchase Right shall take effect upon the City's acceptance of the
University Property IOD and expire fifteen years after the Entitlements are approved by �
the City ("Repurchase Right Expiration"); unless terminated earlier as to all or a portion of
the University Property in accordance with Paragraph 2.4. Owner hereby represents to
the City, that to the best of Owner's actual knowledge, the property owners of Village 4
have no property interests in the University Property.
23 Offer to Purchase. In the event the Repurchase Right is triggered in accordance with
Paragraph 2.2, the City shall promptly offer to sell that portion proposed for
Non-university Development to Owner ("Offer to Purchase"). The Offer to Purchase
shall include the following-. j
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(i) Purchase Price (fair market value, subject to Paragraph 2.3(iv) below), to be
paid in cash.
(ii) Closing Date, not sooner than 60 days from the date the Purchase Agreement
is executed.
(iii) The Purchase Agreement shall be substantially in the form attached hereto as
Exhibit
(iv) If the parties do not agree on the fair market value of that portion of the
University Property proposed for Non-university Development, then the fair
market value of said property shall be determined by an appraiser acceptable
to both parties. If the parties are unable to agree on an appraiser within ten
(10) days after the City delivers the Offer to Purchase to Owner ("Delivery
Date"), within twenty (20) days after the Delivery Date, each party shall each
name an appraiser who is a member of MAI or an equivalent organization and
has at least five (5) years experience appraising similar properly in the Chula
Vista area. If either party fails to appoint such an appraiser within such period,
and such failure continues for more than five (5) days following written notice
from the other party, the appraiser appointed by the party giving such notice
shall proceed to make the appraisal as herein set forth, and the determination
thereof shall be conclusive on both parties. The two (2) selected appraisers will
each prepare an appraisal report within thirty (30) days after their
appointment. If the two (2) appraisers' determination of the fair market value
of said property is within ten percent (10%) of each other, then the fair market
value of the same will be the arithmetic average of the two (2) appraisals.
Otherwise, the two (2) selected appraisers will appoint a third appraiser within
ten (10) days after issuance of their appraisal reports, ("Deciding Appraiser")
meeting the same qualifications and who has no preexisting material financial
or business relationship with either of the appraisers, City or Owner. If the
two (2) selected appraisers fail to appoint a Deciding Appraiser within such
period, then either party may petition a court of competent jurisdiction to
appoint a Deciding
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Appraiser meeting the qualifications set forth herein, in the same manner as
provided for the appointment of an arbitrator pursuant to California Code of Civil
Procedure section 1281.6. The Deciding Appraiser may not receive or consider the
appraisals prepared by the other two (2) appraisers. The Deciding Appraiser will
deliver its report to the parties within thirty (30) days after its appointment and the
fair market value of said property will be either: (i) if the fair market value
determined by the Deciding Appraiser is between the values determined by the first
two (2) appraisers, the arithmetic average of the two (2) appraisals that are closest to j
each other; or, (ii) if the fair market value determined by the Deciding Appraiser is
higher or lower than both of the values determined by the first two (2) appraisers,
the fair market value determined by the appraisal of the first two (2) appraisers that
is closest to the value determined by the Deciding Appraiser. The parties shall share
equally the fees and expenses of the appraisers jointly named, if any, but each party
shall be responsible for the fees and expenses of any appraiser named solely by that
party. Each party shall bear its own expenses in presenting evidence to the
appraisers. The determination of fair market value by the appraiser(s) shall be final
and binding on the parties.
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NOTICE: IF FAIR MARKET VALUE IS NOT AGREED UPON
PURSUANT TO PARAGRAPH 2.3(iv) THEN BY INITIALING IN
THE SPACE BELOW YOU ARE AGREEING TO HAVE THE
DETERMINATION OF THE FAIR MARKET VALUE OF THAT
PORTION OF THE UNIVERSITY PROPERTY PROPOSED
FOR NON-UNIVERSITY DEVELOPMENT AS PROVIDED IN
THIS PARAGRAPH 2.3 (iv) DECIDED BY NEUTRAL
ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND
YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS
REGARDING THE FAIR MARKET VALUE TO HAVE
LITIGATED IN A COURT OR JURY TRIAL. SUCH
ARBITRATION WILL NOT APPLY TO ANY OTHER
DISPUTES OR MATTERS UNDER THIS AGREEMENT. BY
INITIALIZING IN THE SPACE BELOW,YOU ARE GIVING UP
YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL,
UNLESS THESE RIGHTS ARE SPECIFICALLY INCLUDED IN
THIS PARAGRAPH 2.3 (iv). IF YOU REFUSE TO SUBMIT TO
ARBITRATION AS SET FORTH HEREIN AFTER AGREEING
TO THIS PROVISION, YOU MAY BE COMPELLED TO
ARBITRATE UNDER THE AUTHORITY OF THE
CALIFORNIA CODE OF CIVIL, PROCEDURE.YOUR
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AGREEMENT TO THIS ARBITRATION PROVISION IS
VOLUNTARY. YOU HAVE READ AND UNDERSTOOD THE
f
FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING
OUT OF THIS PARAGRAPH 2.3(iv) TO NEUTRAL
ARBITRATION. E`
OWNER'S INITIALS: CITY'S INITIALS:
2.4 Repurchase Right. City and Owner agree to negotiate in good faith the Purchase Price
contained in the Offer to Purchase,provided however,if City and Owner cannot agree on
the Purchase Price within twenty(20) days after the City delivers the Offer to Purchase to
Owner, the Purchase Price shall be determined in accordance with Paragraph 2.3(iv).
Owner shall have ten(10) days from the date Owner is notified of the final determination
of fair market value pursuant to Paragraph 2.3(iv)within which to notify the City whether
it intends to exercise its Repurchase Right. If Owner declines to exercise the Repurchase
Right, or fails to timely notify City of its determination, the Repurchase Right shall be
terminated as to that portion of the University Property proposed for Non-university E
Development. In such event, the City shall have a right to proceed with the proposed
development or sale at the same or higher price than that set forth in the Offer to
Purchase,and equivalent terms.Thereafter,if the City decides to change the price of said
property to be less than that price set forth in the Offer to Purchase, or to change other
material terms of the same, City shall provide Owner with a new offer to purchase before
offering the University Property to any other prospective purchasers ("Renewed Right to
Purchase"). The Renewed Right to Purchase shall be governed by the terms of this
Agreement. The Renewed Right to Purchase shall expire concurrently with the
Repurchase Right Expiration. The Repurchase Right and Renewed Right to Purchase
shall terminate prior to the Repurchase Right Expiration as to any portion of the
University Property for which Owner declines to exercise such rights. Owner agrees to
deliver to City within ten (10) business days of City's written request, a quitclaim deed
releasing the University Property, or a portion thereof, from the provisions of the
Repurchase Right and Renewed Right to Purchase upon the expiration or earlier
termination of said rights as to all or a portion of the University Property.
2.4.1 Effect of Conveyance on Repurchase Right.At no time shall more than one
legal entity possess the Repurchase Right.The Repurchase Right shall terminate as to any '
portion of the Property conveyed by Owner to a third party which conveyance comprises
less than the total Property owned by Owner immediately prior to the conveyance. For
example, if Owner conveys to a developer thirty percent (30%) of the Property, the
Repurchase Right shall terminate as to the thirty percent (30%) conveyed. Under this
example, the Repurchase Right would not terminate as to the remaining seventy percent
(70 9/*) of land retained by Owner. If the Owner conveys the entirety of the Property at
any one time (a "bulb-sale"),the Repurchase Right shall not terminate and shall continue
to run with the land conveyed in the bulk-sale. Using the example above, if Owner
subsequently conveyed the remaining seventy percent (70%) of the Property in a
June 3,2014
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bulk-sale to a developer, the Repurchase Right would not terminate as a consequence of
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such conveyance.
2.4.2 No Vested Development Rights. Owner acknowledges and agrees that
neither this Agreement not the Development Agreement confer vested development
rights upon any portion of the University Property acquired by Owner pursuant to the
Repurchase Right and Owner shall be subject to applicable City land use regulations with
regard to any future applications to develop said property.
2.5. Execution of Offer. If the Owner exercises the Repurchase Right for that portion of
the University Property proposed for Non-university Development, Owner agrees to
execute the purchase agreement, in substantially the form attached hereto as Exhibit "J" I
within forty five (45) days after the determination of fair market value pursuant to
Paragraph 2.2 (iv).
2.6. Title Insurance. Owner has obtained, at its expense, title insurance naming the City
as the insured and, guaranteeing fee title, subject to any exceptions or conditions approved
by the City, for the University Property and Recreation Property from Chicago Title
Insurance Company in an amount reasonably agreed upon by the parties representing the
estimated fair market value of the properties as of the Effective Date of the First Land
Offer Agreement. Owner shall maintain said title insurance for the University Property
and Recreation Property in full force and effect until the City has accepted the Irrevocable
Offers of Dedications pursuant to the provisions of this Agreement. Owner shall provide
the City with proof of said title insurance concurrent with the Effective of this
Agreement.
2.7. Encumbrances. The Owner or successors-in-interest to Owner may place liens,
encumbrances and other title exceptions on the University Property and Recreation
Property up until the time frames set forth herein for the respective properties; provided
however such liens, encumbrances, and other exceptions to title are removed from the
title to said properties in accordance with the terms of this Agreement. Owner shall
provide the City with written notice of any liens, encumbrances, or other exceptions
placed on the respective properties within thirty (30) days of its placement on said
properties. Notwithstanding any provision of this Agreement, Owner agrees that prior to
the City's acceptance of the Irrevocable Offers of Dedication it shall take any and all
actions necessary to provide each of the respective properties to the City free and clear of
all liens and encumbrances other than: (i) any easements and rights--of-way determined
upon final approval of the Entitlements required for development of the Project which do
not materially interfere with the intended use of the University Property for the Permitted
Uses or the intended uses of the Recreation Property; (ii) prorated non-delinquent real
estate taxes, special taxes and assessments; and (iii) those exceptions to title that are
approved by the City (collectively of Preliminary Title Report, prepared by Chicago Title
Company, dated , and are referred to as the "Permitted Exceptions." In addition, Owner
shall not pledge the rights to this Agreement as security for any of its other obligations.
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2.8 Removal of Encumbrances. No later than thirty (30) calendar days prior to the first
public hearing on the Entitlements, Owner shall remove all liens, encumbrances and any j
other exceptions, other than the Permitted Exceptions, and any other exception not
approved by the City from the title to the University Property and Recreation Property or
otherwise demonstrate, to City's satisfaction, an irrevocable commitment and ability to
remove said title matters immediately upon approval of the entitlements. Owner shall
provide the City with an updated Title Report for the University Property and Recreation
Property thirty (30) calendar days prior to the last public hearing for the Entitlements as
set forth in this Paragraph. Owner understands and agrees that if Owner fails to remove
all liens, encumbrances and those exceptions, other than the Permitted Exceptions, not
approved by the City, in the time frames set forth herein, this Agreement and the
Processing Agreement shall be terminated and any remaining hearings on the
Entitlements shall be cancelled and the application for the Entitlements shall be j
considered withdrawn by the Owner. t
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2.9. Hazardous Waste Report. Owner shall,provide the City within thirty (30) days of the
Effective Date of this Agreement with a Phase One Hazardous Waste Report on the
University Property and Recreation Property by a professional firm acceptable to the City
and again not less than thirty (30) days prior to the first public hearing for the
Entitlements with an update of the Phase One Hazardous Waste Report for the respective
properties by the same professional firm. Owner shall be responsible for the costs of both
reports. Owner understands that the City's acceptance of the Irrevocable Offers of
Dedication is conditioned upon the City's approval of said report and that the City has t
entered into this Agreement contingent on the University Property and Recreation
Property being free and clear of any environmental condition which would be a violation
of any applicable federal, state or local law, ordinance or regulation relating to Hazardous
Materials. Owner further understands and agrees that Owner, in addition to any
obligations as the property owner,is fully responsible for the administration and oversight
of the environmental condition of the University Property and Recreation Property until
the City has accepted the Irrevocable Offers of Dedication. If after the City's review of the
updated Phase One Hazardous Waste Report for said properties, the City determines the
environmental condition of the University Property or Recreation Property are not
acceptable to the City, Owner may, in its discretion, cure said condition within thirty (30)
days of City's written notice to Owner that such property is not acceptable. If Owner
decides not to cure the condition of the University Property or Recreation Property, this
Agreement and the Processing Agreement shall be terminated and any applications
submitted for the Project shall be considered withdrawn by the Owner and any and all
hearings for the Entitlements shall be cancelled.
2.10 'Transfer of Units. Owner may transfer, at its discretion, up to fifteen percent (15 0/0)
of the units allocated to a village within the Project to another village within the same
Project. The Development Services Director may approve, in his or her discretion, any
transfer of units more than fifteen percent (15%) or any transfer of units to another village
within Otay Ranch but not within the Project, if all of the following requirements are
satisfied:
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(i) The transfer of units between villages is consistent with the village design
policies and the Entitlements for the village into which the units are being
transferred;
(ii) The total number of units for the Project is not exceeded;
(iii) Public facilities and infrastructure including schools and parrs are provided
based on the final number of units within each village or Planning Area;
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(iv) The planned identity of the villages are preserved including the creation of
pedestrian friendly and transit-oriented development; and
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(v) Preserve conveyance obligations will continue to be based on the final map
development area.
ARTICLE 3
OFFER OF DEDICATION
3.1. Entitlements Processing. Owner will file with City all applications and pay all
applicable fees for the review, processing, and consideration of the Entitlements by the I
City. City will diligently process, in accordance with the schedule set forth in the
Processing Agreement, the Entitlements for final consideration by the City Council.
Notwithstanding the foregoing, the City's acceptance of the Irrevocable Offers of
Dedication is not contingent on the time frames associated with the processing of the
Entitlements as set forth in the Processing Agreement, except that final approval of the
Entitlements must be received by the Owner within the time frame set forth in Paragraph
3.3 herein. Owner understands and agrees that the processing and/or approval of final
maps, grading permits and other ministerial permits are not subject to this Agreement and
the acceptance of the Irrevocable Offers of Dedication to the City shall not be contingent
on Owner receiving such ministerial approvals. In addition, Owner acknowledges and
agrees that the City has not made any representations or warranties as to the viability of
any of the land uses contemplated in the Entitlements.
3.2. Review Period. Owner shall have thirty (30) days after the final draft for the
Entitlements (which include all of the conditions and mitigation measures associated with
said documents) ("Final Draft Entitlements") have been completed by the City, to review
such documents and decide whether to proceed with processing the Entitlements. During
the Owner's thirty--day review period, City agrees to meet with Owner in good faith to
discuss the draft documents and consider any changes Owner may request. Owner shall
notify the City in writing, at the conclusion of the thirty-day review period, as to whether
Owner wishes to continue processing the Entitlements. Owner may decide to stop
processing the Entitlements if Owner determines, in its sole discretion that it is
economically infeasible or undesirable to continue. If City is notified to stop processing
Entitlements and the reasons thereof, this Agreement shall terminate, and the application
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for the Entitlements shall be considered withdrawn by the Owner.
3.3. Approval of Entitlements. If the Entitlements are approved by the City Council in
substantially the form of the Final Draft Entitlements on or before twenty four (24)
months after Owner has submitted a completed application for the Project to the City, as
such time may be extended as provided for in Paragraph 7.9 (Force Majeure), City shall
accept the Irrevocable Offers of Dedication after the thirty (30) days statute of
limitations set forth in the California Environmental Quality Act (as may be amended
from time to time) and any additional time caused by Third Party Litigation, as described
in Paragraph 3.4 herein. In the event of Third Party Litigation, City shall accept the
Irrevocable Offers of Dedication within thirty (30) days after entry of a final,
non-appealable judgment affirming the validity of the Entitlements or other resolution
mutually acceptable to the parties ('Favorable Outcome"). In the event of any outcome to
the Third Party Litigation other than a Favorable Outcome, the parties agree to meet and
confer regarding corrective action necessary to preserve the Entitlements. In the event
Owner or City determines it is not in Owner's or City's interest to proceed with the
corrective action necessary to preserve the Entitlements, this Agreement shall terminate
and any Entitlements that have been approved by the City shall be considered void ab
initio and be of no effect. In the event Owner and City elect to proceed with the
corrective action necessary to preserve the Entitlements, the City shall accept the
Irrevocable Offers of Dedication within thirty (30) days after entry of a final,
non-appealable judgment affirming the validity of the Entitlements. In the event the City
does not approve the Entitlements in substantially the form of the Final Draft
Entitlements or in such corrected form as necessary to preserve the Entitlements, on or
before twenty four (24) months after Owner has submitted a completed application for
the Project to the City, as such time may be extended as provided for in Paragraph 7.9
(Force Majeure), any Entitlements received by Owner shall be considered to have been
withdrawn by Owner, City's action on the Entitlements shall be void ab initio and be of
no effect and the City shall vacate the Acknowledgment of the Irrevocable Offers of
Dedication.
3.4 Third Party Litigation. In the event of the occurrence of Third Party Litigation, the
term of this Agreement shall be extended for the period of the pendency of the Third
Party Litigation or until such time as either the City or Owner (irrespective of who is
named in the Third Party Litigation) decides it is no longer desirable to defend against the
Third Party Litigation, at which time written notice shall be provided to the other party
requesting termination of this Agreement. In such event, the Entitlements received by
Owner shall be considered withdrawn by Owners and be null and void. The City shall
return the Irrevocable Offers of Dedication to the Owner.
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3.5 Community Purpose Facilities Credit. If the City has accepted the Irrevocable Offers
of Dedication, Owner's obligations to provide Community Purpose Facilities ("CPF")
land uses within the Property shall he deemed satisfied. Notwithstanding the foregoing,
Owner shall provide (subject to the approval of the Development Services Director) four
acres of CPF uses in each village. The Development Services Director shall reserve the
right to waive the four acre CPF requirement at his/her discretion.
3.6 Discretion of Ci1y, Owner understands and agrees that the City reserves the right to
exercise its discretion as to all matters which the City is by law entitled or required to
exercise its discretion with respect to the Entitlements, including but not limited to the
California Environmental Quality Act and other similar laws. In addition,the Entitlements
shall be subject to and brought to City Council for consideration in accordance with
applicable legal requirements, including laws related to notice, public hearings and due
process. In addition, nothing herein shall be construed as to restrict the City's ability to
exercise its discretion as provided by the City's Growth Management Program or to
condition the Project in the manner City determines appropriate in accordance with its
general police powers.
3.7 [Intentionally omitted.] I
3.8 [Intentionally omitted.]
3.7 University Design._The parties acknowledge and agree that a university will benefit the
citizens of the City and the region and could provide a unique opportunity to complement
the development of the Property. The City acknowledges that the Owner may participate,
by providing input and feedback to the City, in the design of any future university within
Otay Ranch including the design of the University Property. City agrees to solicit input
from Owner, and the public, meet with Owner to discuss the design of a university, and
provide to Owner all non-privileged documents, studies and materials relevant to the
design and development of a university. It is the desire of the parties to work
cooperatively, as allowed by law, in the design of the university to insure compatibility of
land uses, design and architecture with other adjacent properties, including the Project.
Notwithstanding the foregoing, nothing contained herein shall be construed as to restrict
the City's ability to exercise its legislative authority or its discretion as to all matters which
the City is by law entitled or required to exercise its discretion with respect to any future
decisions of the City with respect to any matter pertaining to the University Property or
design of a university.
3.8 Community Facilities Districts. City agrees that, in addition to the facilities,
improvements and fees listed in the "City of Chula Vista Statement of Goals and Policies
Regarding the Establishment of Community Facilities Districts," approved by the Chula
Vista City Council on December 8, 1998, local parks (neighborhood and community
parks), and intract improvements that are approved for inclusion by the City and are
within Owner's Property, shall be eligible for inclusion in any community facilities districts
("CFDs") and, therefore, eligible for reimbursement. In addition, City agrees that the
current City policy with regard to CFDs limiting the total assessment to two percent
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2014-06-17 Agenda Packet Page 208
(2%) of home sales prices shall remain in effect for Owner's Property. City agrees to j
memorialize the above described provisions as a part of the Entitlements.
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3.9 Development Agreements. City agrees to process, the amendments to the
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Development.Agreement to include the provisions specifically set forth on Exhibit "K"
for consideration by the City Council in accordance with applicable legal requirements and
as a part of the Entitlements.
ARTICLE 4 j
Additional Land Plan Matters
4.1. Industrial Lands. Owner may process Entitlements, including a Land Use Map, that
converts up to a maximum of 31.3 acres of the Property, as shown on Exhibit "L," from
its currently designated use as Industrial to Residential and 18.7 acres to Mixed
Use/Office, provided the Entitlements and the Land Use Plan provides for more useable
industrial parcels on the adjacent industrial lands and in particular to the properties located
north of Heritage Road. Notwithstanding the foregoing, Owner understands and agrees
that the City reserves its right to exercise its discretion with respect to the Entitlements as
set forth in paragraph 3.3 herein, and that such Entitlements are subject to City Council
approval. Owner further agrees that the City Council shall have been deemed to have
approved the Entitlements in substantially the form of the Final Draft Entitlements, if an
alternative to the Project that does not include the conversion of the Property from
Industrial uses, as shown on Exhibit "L, is approved and shall be entitled to accept the
Irrevocable Offers of Dedication as set forth in Paragraph 3.3 above under such
circumstances.
4.2. Employment Land Studies. Owner agrees to provide the City the sum of fifty
thousand dollars ($50,000.00) concurrent with the approval of the first final A or B Map
for any village within the Project that should occur first, to conduct a study regarding
employment lands in the City. City shall be solely responsible for deciding on the
consultant and the scope of work for such study.
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4.3. Office Parcel. Owner may process Entitlements, including a Land Use Map that
converts a 6.1 acre parcel east of the entry road to Village 3, as more particularly shown
on Exhibit L, to Office uses, provided eighty percent (80%) of the square footage shall be
designated for office uses and twenty percent (20%) shall be for commercial uses. The
Office uses shall be supportive of Industrial land uses. Notwithstanding the foregoing,
Owner understands and agrees that the City reserves its right to exercise its discretion with
respect to the Entitlements as set forth in paragraph 3.3 herein, and the Entitlements are
subject to City Council approval
4.4. Preserve Bank. As a part of the Entitlements being processed, the City agrees to use
the City's fifty (50) acre preserve bank, of up to 4 acres, for future facilities provided
under the MSCP to off-set impacts from the Project's water quality basins to be located in
the benches south of Village 10 at a location that minimizes the footprint of said facility.
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Notwithstanding the foregoing, Owner shall comply with all applicable provisions of the
City's MSCP and all other related requirements, policies and laws. The Owner agrees to
size the water quality basins depicted in Exhibit "M" (and including the associated
infrastructure such as pipes), sufficient in size to accommodate the tributary flows and
natural drainage within the upstream University drainage area also identified on Exhibit
"M" and to accept such flows and natural drainage; provided that acceptance of such
tributary flows does not require the graded footprint for each water quality basin to F
exceed two acres and provided further that acceptance of such flows does not
preclude Owner from being able to accommodate the necessary flows its own property
without exceeding two acres of total graded footprint impact for each of the two water
quality basins.
4.5 Village 10. The Parties acknowledge and understand that the proposed land plan for
Village 10 has evolved out of negotiations between Owner, the City as the developer of
the university, and Otay Land Company, ("OLC") as the developer of the adjacent
property in Village 9. As a result of these negotiations, OLC has agreed to exchange
certain properties with the City so as to allow Owner to acquire and develop as a part of
Village 10 the property identified in Exhibit "N" (the "Exchange Property"). Owner
acknowledges and understands that as of the Execution Date of this Agreement, the City
does not own fee title to the Exchange Property which is subject to that certain Land
Offer Agreement entered into between the City and OLC, dated May 2008 ("OLC-LOA")
and the Right to Repurchase set forth in the OLC-LOA. Said property is being included
in the Land Use Plan and Entitlements at the request of the Owner and no
representations has been made by the City that it will obtain the Exchange Property or
that the Right to Repurchase will be removed from title to the Exchange Property. If the
City obtains title to the Exchange Property and the Right to Repurchase is removed from
its title, the Exchange Property will be conveyed to Owner if the City has accepted the
Irrevocable Offers of Dedication and after the applicable statutory period of limitations as
set forth in paragraphs 3.3 and 3.4 of this Agreement has expired and the City has the
right to retain the accepted Irrevocable Offers of Dedication. Owner is relying solely upon
its own inspection, investigation, and analysis of the Exchange Property and is subject to
conveyance to the Owner on an "as is" basis. The parties agree that City makes no
representations or warranties regarding the condition of said Exchange Property or the
fitness of said land for Owner's intended use or development thereof. As part of these
same negotiations, City agreed to allow the southerly curb line of the right of way for
Discovery Falls to be included within the boundaries of the University Property. City
agrees to process an amendment to the Eastern Transportation Development Impact Fee
(TDIF) Program to include Discovery Falls Drive and Eastlake Parkway/University Drive
for City Council approval or denial. Notwithstanding the foregoing, Owner understands
and agrees that the City's acceptance of the Offer of Dedication for the University
Property and Recreation Property is in no way contingent upon the City Council's
approval or denial on said amendment to the TDIF Program.
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ARTICLE 5
Boundary line Adjustments
5.1 Preserve Matters. The Parties understand that the 40 Acre University Site is currently
included in the Otay Ranch Preserve and, therefore, cannot currently be developed. It is
the intention of the parties to include the 40 Acre University Site within the university
campus. Owner and City agree to work diligently together to obtain the applicable
governmental agencies approval of the development of the 40 Acre University Site in
exchange for approximately fifty (50) acres of land owned by the City and currently
planned for university uses adjacent to the Lower Otay Reservoir depicted in Exhibit "O"
attached hereto (the "University Lake Property"). The Parties understand that
development of the 40 Acre University Site will require an amendment to the City's
MSCP, including a boundary adjustment to the Preserve, and final approval by applicable
governmental agencies. Owner shall process a boundary line adjustment or amendment
to the MSCP for the development of the 40 Acre University Site in conjunction with
processing a boundary line adjustment or MSCP amendment for development of a
portion of Owner's land located within Villages 3 north, 4 and 10. Owner agrees to
concurrently negotiate process and pursue said changes to the MSCP with the applicable
governmental agencies for both the 40 Acre University Site and for the property in i
Villages 3 North, 4 and 10. Nothing herein shall be construed to entitle the Owner to use
the University Lake Property for obtaining development entitlements for the Villages 3
North, 4 or 10 site.
5.1.2. Not Related to Offer of Dedications. The Parties understand and agree that
Owner's obligation to convey the University Property and Recreation Property pursuant to
this Agreement is in no way contingent on the boundary line adjustments or MSCP
amendments described in this Article 5. In the event that the 40 Acre University Site or the
boundary adjustments within Villages 3 north,4 and 10 are not approved by the applicable
governmental agencies, Owner shall nevertheless be obligated to convey the University
Property and Recreation Property pursuant to this Agreement.
ARTICLE 6
GENERAL PROVISIONS
6.1. Infrastructure to Serve City Properties. Unless specifically stated in this Agreement,
Owner will not be required to fund, and the development of the Property shall not be
conditioned upon the funding or construction of public infrastructure required to serve
the University Property or Recreation Property including, without limitation, streets,
sanitary, sewer, storm drain, basins, water, park, open space, landscaping and dry utility
facilities unless City provides reasonable assurance of funding or reimbursement in
accordance with State Law and/or the City's ordinances.
6.2. City Properties Assessments. City agrees not to impose on the University Property or
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2014-06-17 Agenda Packet Page 211
Recreation Property any special taxes, assessments, fees, charges or other exactions prior
to City acceptance of the Irrevocable Offers of Dedication. Owner shall be responsible
for paying any taxes, liens and assessments currently being imposed on the University
Property and Recreation Property until the City has accepted the Irrevocable Offers of
Dedication.
6.3. Term. The term of this Agreement and the rights, duties and obligations of the parties
under this Agreement shall expire five (5) years from the Effective Date unless extended j
due to Third Party Litigation or Force Majeure as herein defined, except for such I
provisions herein which expressly survive beyond the expiration of this five-year term.
6.4. "As Is" Conveyance. City is relying solely upon its own inspection, investigation, and
analysis of the University Property and Recreation Property in entering into this
Agreement. The University Property and Recreation Property will be conveyed to City on
an "as is" basis. The parties agree that Owner makes no representations or warranties
regarding the condition of the University Property or Recreation Property or the fitness of
said land for City's intended use or development thereof.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1. Entire Agreement. This Agreement, the Processing Agreement and Entitlements set
forth contain the entire understanding and agreement of the parties, and there are no oral
or written representations, understandings or ancillary covenants, undertakings or
agreements which are not contained or expressly referred to as an exhibit herein. No
testimony or evidence of any such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or
conditions of this Agreement.
7.2. Sever If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, then this Agreement shall terminate in its
entirety,unless the parties otherwise agree in writing.
7.3. Interpretation and Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California.
This Agreement shall be construed as a whole according to its fair language and common
meaning to achieve the objectives and purposes of the parties hereto, and the rule of
construction to the effect that ambiguities are to be resolved against the drafting party
shall not be employed in interpreting this Agreement, all parties having been represented j
by counsel in the negotiation and preparation hereof.
7.4. Paragraph Headings. All Paragraph heading and subheadings are inserted for
convenience only and shall not affect any construction or interpretation of this
Agreement.
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7.5. Singular and Plural. As used herein, the singular of any word includes the plural.
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7.6. Time of Essence. Time is of the essence in the performance of the provisions of this
Agreement as to which time is an element.
7.7. Waiver. Failure of a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its
rights upon the default of the other party, shall not constitute a waiver of such party's
right to insist and demand strict compliance by the other party with the terms of this
Agreement thereafter.
7.8. No Third Party Beneficiaries. This Agreement is made and entered into for the sole
protection and benefit for the parties and their successors and assigns. No other person
shall have any right of action based upon any provisions of this Agreement. i
7.9. Force Majeure. Neither party shall be deemed to be in default where failure or delay
in performance of any of its obligations under this Agreement is caused by earthquakes,
other Acts of God, fires,wars,riots or similar hostilities, strikes and other labor difficulties
beyond the party's control (including the party's employment force), governmental
regulations beyond the City's reasonable control, court actions (such as restraining orders
or injunctions), or other causes beyond the party's reasonable control. If any such event
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shall occur or should delays be caused by Owner failing to submit plans or other
documents in a timely manner that causes a delay in the City's processing of the
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Entitlements, or requests further changes or amendments to the Project or Entitlements,
the term of this Agreement and the time for performance shall be extended for the
duration of each such event, provided that the term of this Agreement shall not be
extended under any circumstances for more than five (5) years.
7.10. Mutual Covenants. Unless expressly provided otherwise in this Agreement, the
covenants contained herein are mutual covenants and also constitute conditions to the
concurrent or subsequent performance by the party benefited thereby of the covenants to j
be performed hereunder by such benefited party.
7.11. Successors in Interest. Unless expressly provided otherwise in this Agreement, this
Agreement shall be binding upon and inure to the benefit of the successors, assigns and
interests of the parties as to any or all of the Property until released by the mutual consent
of the parties. The burden of the covenants contained in this Agreement benefit and
burdens the Property, its successors and assigns and any successor in interest thereto as
well as benefit the City. City is deemed the beneficiary of such covenants for and in its
own right and for the purposes of protecting the interest of the community and other
parties public or private, in whose favor and for whose benefit of such covenants running
with the land have been provided without regard to whether City has been, remained or
are owners of any particular land or interest therein.
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7.12. Counterparts. The parties may execute this Agreement in counterparts, which
counterparts shall be construed together and have the same effect as if all the parties had
executed the same instrument.
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7.13 Jurisdiction and Venue. Any action or law or inequity arising under this Agreement or
brought by an party hereto for the purpose of enforcing, construing or determining the
validity of any provision of this Agreement shall be filed and tried in the Superior Court of
the County of San Diego, State of California, and the parties hereto waive all provisions of
law providing for the filing,removal or change of venue to any other court.
7.14. Further Actions and Instruments. Each of the parties shall cooperate with and
provide reasonable assistance to the other to the extent contemplated hereunder in the
performance of all obligations under this Agreement and the satisfaction of the conditions
of this Agreement. Upon the request of either party at any time, the other party shall
promptly execute, with acknowledgment or affidavit if reasonably required, and file or
record such required instruments and writings reasonably acceptable to such party and
take any actions as may be reasonably necessary under the terms of this Agreement to
carry out the intent and to fulfill the provisions of this Agreement, including without
limitation actions necessary to remove this Agreement from the chain of title as to all or a
portion of the Property when authorized by this Agreement, provided that neither party
will be obligated to modify any rights or accept any additional obligations or liabilities in
connection therewith. Following City's acceptance of the Irrevocable Offers of
Dedication, upon the request of Owner, City will take actions reasonably necessary to
remove this Agreement from the chain of title of that portion of the Property being j
conveyed to a third party.
7.15.Amendments in Writin Coo eration. This Agreement may be amended only by
written consent of both parties specifically approving the amendment.
7.16. Notices. Any notice called for in this Agreement shall be sent by hand delivery,
overnight courier service, or by registered or certified mail as follows:
To City at:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attn: Glen Googins, City Attorney
SSBT LCRE V,LLC
With a Copy
to; One Lincoln St., SFC9
Boston,MA, 02111
Attn: Sophie Yang
Meadow Lane,LLC
1392 East Palomar Street, Suite 202
Chula Vista, CA 91913
Attn:Jim Baldwin
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JPB Development,LLC
270 Newport Center Drive, Suite 200
Newport Beach, CA 92660
Attn:Jim Baldwin
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or such other address as a party may inform the others of from time to time. Any such
notices sent by registered or certified mail, return receipt requested, shall be deemed to
have been duly given and received three (3) business days after the same is so addressed
and mailed with postage prepaid. Notices delivered by overnight service shall be deemed
to have been given upon delivery, charges prepaid to the U.S. Postal Service or private
courier. Any notice or other document sent by any other matter shall be effective only
upon actual receipt thereof.
7.17 Authority to Execute. Owner and the City each warrants and represents that the
person or persons executing this Agreement and any of the Irrevocable Offers of
Dedication on their behalf have the authority to execute this Agreement and Irrevocable
Offers of Dedication.
7.18 Exhibits and Attachments. All Exhibits referenced within the Agreement are
incorporated herein and made a part of this Agreement.
7.19 Termination. In the event this Agreement terminates as provided in Paragraphs 2.7,
2,8, 2.9, 3.2, 3.3, 3.4, and 3.9 herein, the Entitlements shall be withdrawn, the Offers of
Dedication shall be null and void, and of no further force and effect (the parties shall >
promptly take all actions reasonably necessary to promptly remove the document from
the chain of title) and the Processing Agreement also shall terminate, Owner agrees to
promptly pay any outstanding processing fees due the City in accordance with the
Processing Agreement.
7.20 Project as a Private Undertaking It is specifically understood by City and Owner
that (i) the Project is a private development; (ii) City has no interest and/or
responsibilities for or duty to the Owner or third parties concerning any improvements
to the Property; (iii) Owners shall have the full power and exclusive control of the
Property subject to the obligations of Owner set forth in this Agreement, any other
agreements with City and applicable law; and (iv) the Project is not a joint venture or
partnership between the City and Owner.
7.21 No Attorney fees. No attorney's fees shall be recoverable in connection with this
Agreement. Owner agrees that City shall have no liability in monetary damages in
regards to any matter concerning this Agreement.
7.22 Hold Harmless and Indemnification. Owner shall defend, indemnify, protect and
hold harmless the City, its elected and appointed officers, employees, and other persons
working on behalf of the City from and against all claims, suits, actions or proceedings
whether judicial or administrative, writs, orders, injunctions or other relief, damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of or
alleged by third parties to be the result of this Agreement or the City's actions in
processing or issuing Owner's Entitlements resulting from or as described in this
Agreement, the First Land Offer Agreement or the Superseded Land Offer Agreement.
(NEXT PAGE IS SIGNATURE PAGE)
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EXHIBIT F
SIGNATURE PAGE TO
RESTATED AND AMENDED LAND OFFER AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first set forth above.
CITY OF CHULA VISTA, a political subdivision of the State of California
APPROVED:
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Cheryl Cox,Mayor
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ATTEST:
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Donna Norris, City Clerk
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APPROVED AS TO FORM:
City Attorney
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Land Offcr Agreement Seh nm Otay Laud Company LLC and City of Chula Vista
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SIGNATURE PAGE TO
RESTATED AND AMENDED LAND OFFER AGREEMENT
CONTINUED
SSBT LCRE V,LLC, a Delaware limited liability company
By: SSBT LCRE HOLDCO,LLC, a Delaware limited liability company,its sole member
By: STATE STREET BANK AND TRUST COMPANY, a Massachusetts trust company,its sole j
member !
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By: n
Sophie Yan
Vice President
Print Name:
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{{E
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2014-06-17 Agenda Packet Page 218
LIST OF EXHIBITS
Exhibit A Existing Ownership ("Property")
Exhibit B Land Use Plan
Exhibit C University Property
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Exhibit D Legal Description of University Property
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Exhibit E Recreation Property
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Exhibit F Legal Description of Recreation Property j
Exhibit G 40-Acre University Site
Exhibit H Irrevocable Offer of Dedication for Recreation Property E
f
Exhibit I Irrevocable Offer of Dedication for University Property i
li
Exhibit j Agreement to Purchase and Sale and Escrow Instructions
Exhibit K Development Agreement Provisions
Exhibit L Village 3 North Industrial Conversion Property
Exhibit M University Drainage Basins
Exhibit N Village 10 Exchange Property
Exhibit O University Lake Property
I
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25
2014-06-17 Agenda Packet Page 219
i I
i €
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EXHIBIT"K
EXISTING OWNERSHIP
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OWNER'S MSTING PROPERTY !
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2014-06-17 Agenda Packet Page 220
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EXHIBIT-B-1-
tANO use PLAN ;
PARCEL LOCATION MAP
t
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G �
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F PARCEL. VILLAGE {
D PRESERVE
E VILLAGE 90
F UNIVERSITY
G UAGE 6 EAST
H VILLAGE S NORTH I
I WAGE 4{PORTIO i
J UNIVERSITY
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2014-06-17 Agenda Packet Page 221
E I
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EMIDIT'B-2"LAND USE PLAN
VILLAGES 3 NORTH & 4
PARCELS H & [
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I
REA I AREA 2 AREA 7
H H
AREA 2
I
PARK
O SCHOOL AREA 3
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VILLAGE 3 NORTH(H) I
AREA LAND USE/DISTRICT GROSS ACMS DU GROSS MACRE
1 IND 29.3 - -
2 MUIM 192.1 1853 8.1
3 M 8.6 44 5.1
TOTALS 1,597
VILLAGE 4(I)
AREA LAND USE DISTRICT GROSS AC. DU DUTACRE
1 COMM.PARK 21.1 - -
2 OPEN SPACE 8.6
TOTALS 29.7 - -
a:lnstsX&er.\e ntbttskL0A EWbff.\ N 9-2 f,-d tls- V-3 P--d t+dWvll r os-2at4:tans
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2014-06-17 Agenda Packet Page 222
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4f 62�5t
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EXHIBIT°B-T
rare.
LAND USE PLAN ;' I
VILLAGE 8 EAST
PARCEL G
AREA 1
85.1 0`_ j I
5 5 1q'
AREA 2
igh
83A
P PARKi`
a 4�f f
QS SCHOOL
0
AREA 3
49.4 fir r
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VILLAGE 8 EAST I
AREA LAND USE/DISTRICT GROSS ACRES DU GROSS DU/ACRE
4 mu 61 287 46.3
2 M/MU 168.5 2A48 17.5
3 m 49.4 325 6.6 '
4 ACTIVE A'ECICOMMUMTY PARK 51.5 _ 0 - I
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5 ACTIVE RECREATION 22.6 0 - ?
TOTALS 3100
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R.-\0.9l5&P 1Ehiwis110n ExMblfslE'8-3 Land use v—e PO"I G.awy[pq 0�?014i,1k:J7
2014-06-17 Agenda Packet Page 223
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I i5 sa e- EXHIBIT "B-4"
=-- 'u q Ii1 LAND USE PLAN
VILLAGE 10 �
iill
L PARCELS E, E,
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AREA I
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VILLAGE 10
AREA LAND USE/DISTRICT GROSS ACRES DU GROSS DIl/ACRI_ 111 I
F UNIV 512.7
J UNIV 40.0
E7 mu- 46.0 1,045 21.8 �
E2 m 102.7 695 6.0
TO'T'ALS 11,7401
R,,\Q9i5\&Pfn\E"fls\LOA ahf811s\EYN B^d Lw,d use V-9—t0 Pamols F~J.d>r Apr—D¢--2Oi4=t7:J5
2014-06-17 Agenda Packet Page 224 j
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i
EXHIBIT D
LEGAL DESCRIPTION OF UNIVERSITY PROPERTY
THAT PORTION OF LOT 13 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY E I
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 7,
1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
1
BEGINNING AT THE NORTHEAST CORNER OF.SAID LOT 13; THENCE ALONG THE
E
EASTERLY LINE OF SAID LOT 13 SOUTH 18 041'56" EAST, 2833.89 FEET; THENCE
LEAVING SAID EASTERLY LINE NORTH 50 058'25"WEST, 57.14 FEET; THENCE NORTH
32°18'24"WEST, 60.45 FEET; THENCE NORTH 19 052'25"WEST, 79.70 FEET; THENCE
NORTH 10 031'35"WEST, 99.50 FEET;THENCE NORTH 05 010'36"WEST, 74.74 FEET;
i
THENCE NORTH 07°56'58"WEST, 52.00 FEET TO THE BEGINNING OF A 40.00 FOOT
7
RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118 048'16"A DISTANCE OF
82.94 FEET; THENCE SOUTH 53°14'46"WEST,26.00 FEET; THENCE SOUTH 51°05'52"
WEST, 50.43 FEET; THENCE SOUTH 61°39'39"WEST, 90.22 FEET; THENCE SOUTH
48°31'20"WEST, 27.04 FEET; THENCE SOUTH 36°26'34"WEST, 91.97 FEET; THENCE
SOUTH 78 003'27"WEST, 87.62 FEET; THENCE NORTH 18°47'53" EAST, 89.81 FEET;
THENCE NORTH 33°36'51"WEST, 328.04 FEET; THENCE NORTH 34°08'47"WEST, 512.10
FEET; THENCE NORTH 84046'10"WEST, 168.12 FEET TO THE BEGINNING OF A 510.00
FOOT RADIUS NON-TANGENT CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 87°1249" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 22 004'06"A DISTANCE OF 196.43 FEET;
THENCE SOUTH 24 05117"WEST, 2025.24 FEET TO THE BEGINNING OF A 480.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE SOUTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 053'38"A DISTANCE OF
208.55 FEET;THENCE SOUTH 38°21'27"EAST, 13.01 FEET TO THE BEGINNING OF A
493.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY, A RADIAL
I
LINE TO SAID POINT BEARS SOUTH 40 012'05"EAST, THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21041'37"A DISTANCE OF
186.66 FEET;THENCE SOUTH 71'29'32"WEST, 65.93 FEET TO THE WESTERLY LINE OF
I
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SAID LOT 13; THENCE ALONG SAID WESTERLY LINE NORTH 18°41'15"WEST, 2371.85
FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND GRANTED TO
THE CITY OF CHULA VISTA DESCRIBED IN DEED RECORDED JUNE 28, 2011 AS FILE
NO. 2011-0326935 OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE
ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 46°25'40" EAST, 495.29
FEET; THENCE NORTH 34°04'54" EAST, 732.68 FEET; THENCE NORTH 42°51'05" EAST,
265.78 FEET; THENCE NORTH 50°13'24" EAST, 315.59 FEET; THENCE NORTH 41°33134"
WEST, 72.14 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE LEAVING SAID
SOUTHEASTERLY LINE ALONG SAID NORTHERLY LINE NORTH 71°57'57" EAST, 1107.50
FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 130.68 ACRES, MORE OR
LESS.
I
LAND SCR
IQs 8.
L.S. 8553
DOUGLAS B. S>t OUP P.L.S. 8553 9�R OF Cp�JF���
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
:RO K\28251041Legal Dcscription1A05 Legal_Sndy V10 Future Umv.doex
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EXHIBIT t°T x�9 i
EXHIBIT "En L! GE�i'E,
RECREATION PROPERTY Im i
VILLAGE 8 EAST eT § �kL
PARCEL G
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RECREATION PROPERTY (22.6 ACRES)
it\0815\dPln\EKA181ta\LOA ExniW�s\C�[HFrtccreatian Prnpertydxg[fApr-0#2Q1A�flr26 E
2014-06-17 Agenda Packet Page 228
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EXHIBIT F
LEGAL DESCRIPTION OF RECREATION PROPERTY
THAT PORTION OF LOT 25 IN OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA,ACCORDING TO MAP THEREOF NO. 862, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 07,
1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 25; THENCE ALONG THE
EASTERLY LINE OF SAID LOT 25 NORTH 18 040'33"WEST, 1756.61 FEET TO THE TRUE
POINT OF BEGINNING;THENCE LEAVING SAID EASTERLY LINE SOUTH 63 042'23"WEST, I
71212 FEET;THENCE SOUTH 74°46'02"WEST, 790.79 FEET TO A POINT IN THE
EASTERLY SIDELINE OF STATE HIGHWAY 125 DEDICATED PER DOCUMENT
RECORDED JUNE 21, 2008 AS DOC. NO. 2008-0437364 OF OFFICIAL RECORDS, BEING
ALSO THE BEGINNING OF A 5124.33 FOOT RADIUS NON-TANGENT CURVE CONCAVE
EASTERLY,A RADIAL LINE TO SAID POINT BEARS NORTH 76°23'03"WEST,THENCE
NORTHERLY ALONG SAID EASTERLY SIDELINE OF SAID STATE HIGHWAY AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 035`04"A DISTANCE OF
231.15 FEET;THENCE NORTH 96°12'01" EAST, 516.13 FEET TO THE BEGINNING OF A
208.85 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL
LINE TO SAID POINT BEARS SOUTH 01°41'11" EAST, THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76 000'20"A DISTANCE OF
277.05 FEET;THENCE NORTH 03 015'59" EAST, 88.12 FEET; THENCE LEAVING SAID
EASTERLY SIDELINE NORTH 62 015'34" EAST, 16.52 FEET; THENCE NORTH 52°30'37"
EAST,27.73 FEET; THENCE NORTH 52°23'53" EAST, 78.26 FEET; THENCE NORTH
56°44'36" EAST, 41.26 FEET;THENCE NORTH 39 019'17" EAST, 47.34 FEET;THENCE
NORTH 16 043'02" EAST,38.24 FEET; THENCE NORTH 80°32'16" EAST, 25.85 FEET; j
THENCE SOUTH 85°03'34" EAST, 49.68 FEET;THENCE SOUTH 83°35'58" EAST,39.24
FEET; THENCE SOUTH 86°40'05" EAST, 36.56 FEET; THENCE NORTH 86°06'36" EAST,
I
62.64 FEET; THENCE NORTH 80°2933"EAST,52.22 FEET; THENCE NORTH 72°35'55"
EAST, 72.31 FEET; THENCE NORTH 76°49'29" EAST, 112.97 FEET; THENCE NORTH
78 058'36" EAST, 39.22 FEET;THENCE NORTH 78 057'01" EAST, 105.10 FEET TO A POINT
IN SAID EASTERLY LINE OF SAID LOT 25;THENCE SOUTHERLY ALONG SAID EASTERLY
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LINE SOUTH 18 040'33" EAST, 736.34 FEET TO THE TRUE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 22.62 ACRES, MORE OR
i
LESS.
LAND
sTo LSO
c L.s. 8553
DOUGLAS-, STR UP P.L.S. 8553 F ofi CAI-IT
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
I
I
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1
1
14 1 al Iti1 EXHIBIT "G" �
40 ACRE UNIVERSITY SITE
t4I VILLAGE 10
-'�'---„ ---•C1�1Yf111._�,t;:t�� ,:, -',F '`-,1`��.' .-'_-�=Ef'�N��.��'t.,, ` � .� -f� '.Z� -
II 4w's � 1, u f ^°'r `E \•N} c °�; 1 �' �y :Y" '
A.
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pr-
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IN
Alt
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LEGEND Ij
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LEGAL PARCEL
AREA BOUNDARY(PORTtt?N)I E
I Q PARK I
II' I a SCHOOL II } I
I
f l I i
® 40 AC UNIVERSITY ONSITE
APPROXIMATELY 2.1 ACRES OF THE 40 AC,UNIVERSITY
SITE ARE INCLUDED IN THE UNIVERSITY PROPERTY IOD
i
R;�0915�&P1n�Exhlf,lts`LOA ahlhltsNM G 4G RC Unfaers•'1y Site Rev 5-27-14.dwgfjAday-27-2014;17:50 III
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2014-06-17 Agenda Packet Page 231
EXHIBIT H
IRREVOCABLE OFFER OF DEDICATION FOR RECREATION PROPERTY
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O.Box 1087
Chula Vista,CA 91912
This Instrument Benefits City Only.
No fee is required,
This Space for Recorder's Use Only j
APN(s) 646-010-04 C.V.File No.
IRRE'''VOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION,receipt ofwhich is hereby acknowledged, SSBT
LCRE V LLC,a Delaware limited liability company,represents that, as the owner(s)of
herein-described real property, (in the case of multiple owners, collectively referred to as
"Grantor"), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE
CITY OF CHULA VISTA,A MUNICIPAL CORPORATION,the hereinafter described real
property for the following public purpose:
ACTIVE RECREATION PURPOSES E
The real property referred to above is situated in the City of Chula Vista, County of San Diego,
State of California and is more particularly described as follows: �
SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT B FOR PLAT
1
This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of
California and may be accepted at any time by the City Cleric of the City of Chula Vista,
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor,
its heirs, executors,administrators, successors and assigns,
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2014-06-17 Agenda Packet Page 232
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SIGNATURE PAGE
Signed this. . _ - day of ,20�
Grantor Signatures: SSBT LCRE V LLC,
a Delaware limited liability company
1
By --
Name:
Title:
By:
Name:
Title:
(Notary Acknowledgment Required for Each Signatory)
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on beha c of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15545 of the Chula
Vista City Council adopted on June 5, 1990 and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer.
By:
DONNA NORRIS, CMC, City Clerk I
Date:
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2014-06-17 Agenda Packet Page 233
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State of California
County of
On ,before me,
Notary Public,personally appeared
who proved to me on the basis of satisfactory evidence to - _._
be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity u p on behalf of which the person(s) act ed,executed the instrument. €
j
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. s
i
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i
WITNESS my hand and official seal.
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Signature of Notary Public
(Notary Seal)
State of California
County of
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I
On ,before are,
I
Notary Public,personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that be/sbc/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PIRiURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
i
Signature of Notary Public
(Notary Seat) �
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2014-06-17 Agenda Packet Page 234
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EXHIBIT
LEGAL DESCRIPTION
I
THAT PORTION OF LOT 25 IN OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 862, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, FEBRUARY 07, i.
1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; I
r
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 25;THENCE ALONG THE
EASTERLY LINE OF SAID LOT 25 NORTH 18 040'33"WEST, 1756.61 FEET TO THE TRUE
POINT OF BEGINNING; THENCE LEAVING SAID EASTERLY LINE SOUTH 63°4223"WEST,
712.12 FEET;THENCE SOUTH 74°46'02"WEST, 790.79 FEET TO A POINT IN THE
EASTERLY SIDELINE OF STATE HIGHWAY 125 DEDICATED PER DOCUMENT j
RECORDED JUNE 21,2008 AS DOC. NO. 2008-0437364 OF OFFICIAL RECORDS, BEING
ALSO THE BEGINNING OF A 5124.33 FOOT RADIUS NON-TANGENT CURVE CONCAVE
EASTERLY,A RADIAL LINE TO SAID POINT BEARS NORTH 76°23`03"WEST, THENCE
NORTHERLY ALONG SAID EASTERLY SIDELINE OF SAID STATE HIGHWAY AND THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 035'04"A DISTANCE OF
231.15 FEET;THENCE NORTH 16°12'01" EAST, 516.13 FEET TO THE BEGINNING OF A
208.85 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY A RADIAL j
LINE TO SAID POINT BEARS SOUTH 01°41'11" EAST,THENCE NORTHEASTERLY ALONG
I ;
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 76°00'20"A DISTANCE OF
277.05 FEET;THENCE NORTH 03°15'59" EAST, 88.12 FEET; THENCE LEAVING SAID
i
EASTERLY SIDELINE NORTH 62 015'34" EAST, 16.52 FEET; THENCE NORTH 52°30'37"
EAST, 27.73 FEET;THENCE NORTH 52°23'53" EAST, 78.26 FEET; THENCE NORTH
56 044'36" EAST, 41.26 FEET; THENCE NORTH 39°19'17" EAST, 47.34 FEET; THENCE
NORTH 16 043'02" EAST,38.24 FEET;THENCE NORTH 80 032'16"EAST,25.85 FEET;
THENCE SOUTH 85°06'34" EAST,49.68 FEET;THENCE SOUTH 83°35'58" EAST, 39.24
FEET, THENCE SOUTH 86 040'05" EAST, 36.56 FEET; THENCE NORTH 86°06'36" EAST,
62.64 FEET; THENCE NORTH 80°29'33" EAST,52.22 FEET; THENCE NORTH 72°35'55"
EAST, 72.31 FEET;THENCE NORTH 76°49'29" EAST, 11297 FEET; THENCE NORTH
78°58'36" EAST, 39.22 FEET; THENCE NORTH 78 057'01" EAST, 105.10 FEET TO A POINT
IN SAID EASTERLY LINE OF SAID LOT 25;THENCE SOUTHERLY ALONG SAID EASTERLY
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LINE SOUTH 18 040'33" EAST, 736.34 FEET TO THE TRUE POINT OF BEGINNING.
I
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THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 22.62 ACRES, MORE OR j
LESS.
I
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�a LAND 5� j
5 8 RL
ti�Jo�AS ST'�'p�o
L.S. 8553
DOUGLA'&' . STR UP P.L.S. 8553 F OF cAU'Fo
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
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EXHIBIT "B" SHEET ? OF 2 SHEETS
LEGEND:
1
P.O.C. INDICATES POINT OF COMMENCEMENT
EAST H ST. p
T.P.0.B. INDICATES TRUE POINT OF BEGINNING
L�cR�py c (R) INDICATES RADIAL BEARING
805 Q�� P R4• �y.
1
o 25
W SITE
MAIN ST.
x
OTAY RIVER
0
O G
� OTAY MESA RD,
VICINITYMAP
NOT TO SCALE
EASEMENT LEGEND:
INDICATES BOUNDARY OF STATE HIGHWAY 125 PER DOCUMENT RECORDED
A JUNE 21, 2008 AS DOC. NO. 2008-0437364.
INDICATES AN EXISTING EASEMENT FOR PUBLIC SEWER PURPOSES PER
B DOCUMENT RECORDED APRIL 15, 2003 AS DOC. NO, 2003-0433781.
NAND SCR
B. ST�Lip
` L.S. 8553
DOUG14S'B. STR93 P L S. 8553 9TH
EXP. 12131114 OF CA1IF
HUNSAKER
&ASSOCIATES
SAN UIEG% INC '..
BANNING WW Wepkn 94W '..
RAM sRn 04%G grm
WIMNG PN(NAWA4500•FR{959ASB"
8:\0920\&Map\EP_0TAY V8 AR11 SHT 01.dwg(jMoy-19-2014:08:30 W.O. 2825-0004
2014-06-17 Agenda Packet Page 237
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EXHIBIT 9"B'9 sNFEr 2 OF 2 srFErs I
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2 � Z
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N16°43'02"E 38.24' s
N39°19'17'E 47.34` m
w
N52`30'37 E 27.73' ° 3
NO3°15"59"t 88.1 '
A=76°00'20" N 1 w
R=208.85' cl �.
/ L=277.05' f�
A ACTIVE RECREATION AREA
' h 22.62 ACRES
L01 41'11
3°k t,s
3
SE COR.
N�-2O3" LOT 25
I'{�s'
`` 26
OTAY RANCHO
RANCHO
BOUNDARY
HUNSAKER 0 300 600 900
i
&ASSOCIATES
3AN DIIGG1 INC
SCALE 1" =300'
KANNIM 4100 Wad Sued
ERGNB G Sm E%j%Ca Mat i
su¢vErrac p�esAks�+wa rx[esAksse-k14
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EXHIBIT I
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IRREVOCABLE OFFER OF DEDICATION FOR UNIVERSITY PROPERTY i
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Recording Requested by and
Please Return to:
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City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This Instrument Benefits City Only.
No fee is required.
L This ace
Sp for Recorder's Use Only , ]
APN(s) 644-080-17 C.V.Pile No.
IRREVOCABLE OFFER
OF DEDICATION OF FEE INTEREST
FOR A VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, SSBT
LCRE V LLC,a Delaware limited liability company, represents that, as the owner(s)of
herein-described real property, (in the case of multiple owners, collectively referred to as
"Grantor'), Grantor hereby makes an Irrevocable Offer of Dedication of fee interest to THE
CITY OF CHULA VISTA,A MUNICIPAL CORPORATION, the hereinafter described real
property for the following public purpose;
FUTURE UNIVERSITY PURPOSES
The real property referred to above is situated in the City of Chula Vista, County of San Diego, j
State of California and is more particularly described as follows:
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SEE ATTACHED: EXHIBIT A FOR LEGAL DESCRIPTION
EXHIBIT S FOR PLAT
This Offer of Dedication is made pursuant to Section 7050 of Government Code of the State of
California and may be accepted at any time by the City Clerk of the City of Chula Vista.
This Offer of Dedication of fee interest shall be irrevocable and shall be binding on the Grantor,
its heirs, executors, administrators, successors and assigns.
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SIGNATURE PAGE
Signed this day of ,20 1
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Grantor Signatures: SSBT LCRE V LLC,
a Delaware limited liability company
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By-
Name:
Title:
By: I �
Name:
Title:
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(Notary Acknowledgment Required for Each Signatory) �
This is to certify that the interest in real property offered herein to the City of Chula Vista, a
governmental agency, is hereby acknowledged by the undersigned, City Clerk, on behalf of the
Chula Vista City Council pursuant to authority conferred by Resolution No. 15645 of the Chula
Vista City Council adopted on .Tune 5, 1990, and the grantee(s) consent(s) to the recordation
thereof by its duly authorized officer. j
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By:
DONNA NORRIS, CMC, City Clerk
Date: '
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State of California
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County of
On ,before me, ,
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Notary Public,personally appeared I
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their
authorized capacity(ics), and that by his/herhhcir signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted, executed the instrument.
I certify under PENALTY OF PERJUMY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal,
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Signature of Notary Public
(Notary Seal)
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State of California
3
County of
On before me, ,
Notary Public,personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are subscribed
to the within instrument and acknowledged to me, that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct. i
WITNESS my band and official seal.
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Signature of Notary Public .
(Notary Seal)
ikO M12825MILegal bescriptioMA05 Legal Andy V10 Future Univ.dom
WO 2825-0004 20/14
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EXHIBIT
LEGAL DESCRIPTION j
THAT PORTION OF LOT 13 OF OTAY RANCHO, IN THE CITY OF CHULA VISTA, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO-862, FILED
IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON FEBRUARY 7,
1900, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13; THENCE ALONG THE I
EASTERLY LINE OF SAID LOT 13 SOUTH 18°41'56"EAST, 2833.89 FEET;THENCE
LEAVING SAID EASTERLY LINE NORTH 50 058'25"WEST, 57.14 FEET;THENCE NORTH
32°18'24"WEST, 60.45 FEET;THENCE NORTH 19 052'25"WEST, 79.70 FEET;THENCE
NORTH 10 031'35"WEST, 99,50 FEET;THENCE NORTH 06°10'36"WEST, 74.74 FEET;
THENCE NORTH 07 056'58"WEST, 52.00 FEET TO THE BEGINNING OF A 40.00 FOOT
RADIUS CURVE CONCAVE SOUTHWESTERLY;THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 118 048'16"A DISTANCE OF
E
82.94 FEET;THENCE SOUTH 53°14'46"WEST,26.00 FEET; THENCE SOUTH 51'05'52"
WEST, 50.43 FEET; THENCE SOUTH 61°3939"WEST, 90.22 FEET;THENCE SOUTH
48°31'20"WEST, 27.04 FEET; THENCE SOUTH 36°26'34"WEST, 91.97 FEET; THENCE
SOUTH 78 003'27"WEST,87.62 FEET;THENCE NORTH 18°47'53" EAST, 89.81 FEET;
THENCE NORTH 33 036'51"WEST,328.04 FEET;THENCE NORTH 34°08'47"WEST, 512.10 '
3
FEET; THENCE NORTH-84°46'10"WEST, 168.12 FEET TO THE BEGINNING OF A 510.00 �
FOOT RADIUS NON—TANGENT CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID
POINT BEARS SOUTH 87 01249" EAST, THENCE SOUTHERLY ALONG THE ARC OF SAID
CURVE THROUGH A CENTRAL ANGLE OF 22004'06"A DISTANCE OF 196.43 FEET; i
THENCE SOUTH 24°51'17"WEST, 2025.24 FEET TO THE BEGINNING OF A 480.00 FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY;THENCE SOUTHWESTERLY ALONG THE
' f
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 24 653'38"A DISTANCE OF
208.55 FEET;THENCE SOUTH 38°21'27" EAST, 13.01 FEET TO THE BEGINNING OF A
493.00 FOOT RADIUS NON-TANGENT CURVE CONCAVE NORTHWESTERLY,A RADIAL
LINE TO SAID POINT BEARS SOUTH 40 012'05" EAST,THENCE SOUTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 21°41'3r A DISTANCE OF
186.66 FEET;THENCE SOUTH 71°29'32"WEST, 65.93 FEET TO THE WESTERLY LINE OF
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:Rd M:12 8 2 510 411.egal Description1A05 Legal Bndy V10 Future Univ.docx i
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2014-06-17 Agenda Packet Page 242
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SAID LOT 13, THENCE ALONG SAID WESTERLY LINE NORTH 18°41'15"WEST, 2371.85
FEET TO THE MOST SOUTHERLY CORNER OF THAT PARCEL OF LAND GRANTED TO
THE CITY OF CHULA VISTA DESCRIBED IN DEED RECORDED JUNE 28, 2011 AS FILE
NO. 2011-0326935 OF OFFICIAL RECORDS; THENCE LEAVING SAID WESTERLY LINE
ALONG THE SOUTHEASTERLY LINE OF SAID PARCEL NORTH 46 025'40" EAST, 495.29
FEET; THENCE NORTH 34°04'54" EAST, 732.68 FEET; THENCE NORTH 42°51'05" EAST, E
265.78 FEET; THENCE NORTH 50°13'24" EAST, 315.59 FEET; THENCE NORTH 41°33'34" f
WEST, 72.14 FEET TO THE NORTHERLY LINE OF SAID LOT 13; THENCE LEAVING SAID
SOUTHEASTERLY LINE ALONG SAID NORTHERLY LINE NORTH 71 057'57" EAST, 1107.50
FEET TO THE POINT OF BEGINNING.
THE HEREINABOVE DESCRIBED PARCEL OF LAND CONTAINS 130.68 ACRES, MORE OR
LESS.
LAND SGR
O G
q -v
L.S. 85531
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DOU UZLIAS B. SOUP P.L.S. 8553 �9TF p ��
� CAL
HUNSAKER &ASSOCIATES SAN DIEGO, INC.
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EXHIBIT "B" SHEET 1 OF 2 SHEETS
LEGEND:
P.0.8, INDICATES POINT OF COMMENCEMENT
(R) INDICATES RADIAL BEARING
AA LAND GRANTED TO THE CITY OF CHULA
VISTA PER GRANT DEED RECORDED
612812011 AS DOC. NO.
2011-0326935, O.R.
EAST H ST. gyp.
Q� EASTLAKE
rEL GP ° PKWY.
FG�pN �
805 e � � BIRD Q SITE
+z
o
MAiN ST. w VA(��� RD
s
QTAY RIVER
0
125
OG N
QTAY MESA RD.
1/ICINi7Y MAP
NOT TO SCALE
3
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LAND FOR
CSC, v�5 B. ST
...,t
ee , L.S. 8553 +
ti
DOUGl4S B. sTg6up L.S. 8553
EXP, 12131114 F OF CA41F0
HUNSAKER
&ASSOCIATES
I A N 1111G% F N C
PLANNING 4707 Wap6 Sheet
OVlXNmc San Mgoca 9m
SUVEYM PW65815MM-FA S80844M I
RA0921\&Map\Exh;blts\EP QTAY V10 UNIV SHT 01.dwg[]Jun--03-2014.17:26 W.O. 2825-0004
2014-06-17 Agenda Packet Page 244
EXHIBIT "B" SHEET 2 OF 2 SHEETS
�a m
103.51
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P.0.B.
NE COR.
.9o1 r
- J 1 2 LOT 13
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h1 \ FUTURE l
\ PUBLIC
DETAIL 'A 2 \ ROAD
1" = 50' \\\
A j i
0iSs 41.
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yc43 � .�s� �
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A=22"04'(36" aj? �
R=510.00'
a, io 0
L=195.43 0� 'o.
FU'T'URE UNIVERSITY
IM 68 ACRES N3336'51"W °
! 328.04'
N18'47'53"E 89.81' t '
W fs°O I46
MAY RANCj'-]D
NUMBER BEARING DISTANCE
1 =b ! L 1 N07°56'58"W 52.00' s
=24°53'38G L2 N05°90'36"W 74.74'
R=480.00' L3 N10°31'35°W 99.50'
N4 �L=208.55' L4 N19°52'25"W 79.70'
HUNSAKER o Q.
&ASSOCIATES
SAN DE[C0. INC
500 1000 1500
RAW INC §M V400 sit �, • '�
EMt�t Mwo %m mqm t=OEM t3
sv>iMNG PWOM)s -FX(BS9W5WIW �� SCALE 1" =500'
R.•\0921\&Mov1Exhi4lts\EP-0TAY V10 UN!V SHT 02.dwgflMay-19--2014:15:5+1 W0: 2825-0004
2014-06-17 Agenda Packet Page 245
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EXEMlte+d J r
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
TO; _
THIS AGREEMENT OF PURCHASE AND SALE AND ESCROW INSTRIJC:TIONS is mar3e
and entered into this day of , , by and
between (hereinafter ;
"SELLER") , and (hereinafter i
"Buyer") .
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RECITALS
SELLER is the owner of certain real property located in the County
of San Diego, State of California, containing approximately 45
acres, as legally described on Exhibit 111" attached hereto '
("Property") . !
AGREEMENT
NOVA, THEREFORE, in consideration of the covenants and promises
contained herein, the parties agree as follows:
1, PURCHASE OF PROPERTY �
SELLER agrees to sell the Property to Buyer and Buyer agrees
to .purchase the Property, upon the terms and conditions herein
contained.
3
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2. PURCHASE PRICE
The purchase price for the Property to be paid by Buyer SHALL
BE Dollars
3. TERMS •OF PAYMENT OF PURCHASE PRICE
The purchase price shall be paid as follows:
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4. CONDITIONS PRECEDENT TO CLOSING
2014-06-17 Agenda Packet Page 246
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5. ESCROW
This Agreement constitutes joint escrow instructions to
("Escrow Holder") instructing it to consummate this sale upon
I ; the terms and conditions set forth herein. Escrow Holder
shall be concerned with the provisions of this paragraph and
the paragraphs and subparagraphs below.
(a) Opening. Escrow shall open within three (3) days after
execution of this Agreement by the parties.
(b) Deposit. Upon opening escrow, Buyer shall deposit:
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(c) Effective Date. The effective date for all time
requirements under this Agreement shall be the opening of
escrow. I
(d) Closing Date. This escrow shall close on or before
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(e) Prorations. All ordinary real property taxes levied or j
assessed against the Property shall be prorated between
Buyer and SELLER on the basis of the latest, bills and
thirty (30) day month (360 day year) as of the close of
escrow.
{f) Pa ent of Costs. The expenses of escrow described
herein s a e paid in the following manner:
1 . Seller shall pay the full cost of preparing,
executing and acknowledging any deeds or other
instruments required to convey title to the Property
to Buyer, any tax that may be imposed on the
conveyance of title to the Property to Buyer under
the Documentary Transfer Tax Act of California, and
one-half of the escrow fees.
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2 . Buyer shall pay the cost of recording the
Gram; teed or other instrument executed by
SELLER conveying title to the Property to Buyer
and one-half of the escrow fees.
(g) Possession. Possession of the Property shall be
delivered to Buyer on close of escrow.
2
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EXH03IT 7
6. NOTICES
All notes under this Agreement shall be effective upon
personal deliver to SELLER, Buyer, or Escrow Holder, as the
case may be, or forth-eight (4B) hours after deposit in the
United States mail, registered or certified mail, postage
fully prepaid, and addressed to the respective parties as
i follows:
To SELLER:
To BUYER:
To Escrow Holder: '
or to such other address as the parties may from time to time r
designate in writing.
7. ACCESS
Buyer shall be entitled to .reasonable access to the Property
at any time prior to the close of escrow for the purpose of
making such engineering, surveying, soils, geology and
environmental studies as Buyer may reasonably deem necessary,
all of which will be completed at no expense to SELLER. Buyer
agrees to indemnify and hold SELLER and the Property free and j
harmless from any and all liens, costs - liabilities or
expenses incurred in connection with such engineering,
surveying, soils, geology and environmental studies.
s
8. ATTORNEYS' FEES- I
In any action between Buyer and SELLER seeking enforcement or
interpretation of any of the terms or provisions of this
Agreement, or in connection with any of the Property described
herein, the prevailing party in such action skull be awarded, in
addition to damages, injunctive or other relief, its
reasonable cost and expenses, not limited to taxable costs,
and reasonable attorneys' fees.
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9. ASSIGNMENT
Buyer shall have the right to assign this Agreement and the
rights and responsibilities under it with the consent of
SELLER, which consent shall not be unreasonably withhold. j
j 10. TIME OF ESSENCE
Time is of the essence in this Agreement.
11. PERFORMANCE OF ACTS ! f
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The parties hereto agree to perform such acts and execute such
documents as may be required to carry out the terms and
purposes of this Agreement.
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12. PROPERTY "AS IS" �
Buyer is relying solely upon its awn inspections,
investigations and analyses of the Property in entering s
into this' Agreement and is not relying in any way upon
any representations, statements, agreements, warranties,
j studies, reports, descriptions, guidelines or other
information or material furnished. by Seller or its
representatives, whether oral or written, express or implies i
of any nature whatsoever regarding any such matters. Buyer
acknowledges that it has become familiar with the
Property and made such independent investigations
and analysis as Buyer deems necessary or appropriate
concexni.ng Buyer's proposed use, sale and development of the
Property.
13. MISCELLANEOUS
This Agreement shall be construed in accordance with the laws
of the State of California, This Agreement may be executed in
counterparts. This Agreement shall be binding upon and shall
inure to the benefit of all the parties hereto, their
beneficiaries, successors and assigns.
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Headings at the beginning of - each numbered section of the
Agreement are solely for the convenience of the parties and
are not a part of this Agreement. This Agreement contains all
of the agreements of the parties hereto with respect to the 1
matters contained herein and no prior agreement or
understanding pertaining to any such matter shall be, effective !
for any purpose. No provision of this Agreement may be j
amended or added to except by an agreement in writing signed
by the parties hereto or their respective successors in
interest.
(NEXT PAGE IS SIGNATURE PAGE)
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EM MIT J I
SIGNATURE PACE TO '
AGREEMENT OF PURCHASE AND SALE
AND ESCROW INSTRUCTIONS
IN WITNESS WHEREOF, Buyer and SELLER have executed this Agreement i
the day and year first above written.
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"BUYER"
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By
"SELLER"
By i
Receipt of executed Copy of this Agreement is hereby acknowledged
this day of
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2014-06-17 Agenda Packet Page 2501
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E X H I B I T K
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DEVELOPMENT AGRFF NT PROVISIONS
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1. Term.The following Language shall be added after the phrase"twenty(20)years"and be£oxe
the phtme"(the term)"is the fourth sentence of Section 3 of the existing Development Agreement:
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"from , 24,., the date upon which the City may accept the �
Offers of Dedication in Sections 3.3 of than certain"Iand Offer Agtcenftent"by and � I
between the City and OV Three Two,I.LC,JJJ&IC Investments Two,L.LC;and
RR Quarry,LL.C,approved by the City Council on ,2008."
2, Tentative Map/Permit Duration. Section 6.2 of the existing Development Agreement,
entitled "Length of Validity of'Tentative Subdivision Maps," is hereby deleted in its entirety and
replaced with the following; 3
"6.2'Tentative Man/Permit Duration. Pursuant to California Government Code
section 66452.6,any tentative subdivision tnap;parcel neap or other map authorized
by the State Subdivision Map Act that is approved for the Project shall zensain valid
for a period of tune equal to.a tern of this Agreement In addition,a zotwithatanding
any condition of provision to the contrary,every permit and approval for the Project
other than ministetiai approvals shall remain valid for a period of time equal to the
term of this Agreement."
3. Growth . The second full paragraph of Section 5.2 appearing at page 8 of the
existing Development AgreemenC entitled "Development of Property," which begins
"Notwithstanding the foregoing,"shall be deleted in its entirety and replaced with the following:
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"NowAffistaudiog atay provision of this Agreement to the contrary,the City's Growth
Management progam,as set forth in the Growth Management Element of the City's
General Plan,applicable to the Project shall be those in effect on the date the City
approves the Laurd.(offer Agreement referenced in Section 3 hereof."
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4. Modifications to Existing Project Approvals.The following sentericc shall be added
to die and of Section 5.2.3 of the existing Development Agreement:
"The parties agree that they accept the modifications to the Existing Project
Approvals approved by the City Council on__—____
S. Reimbursement. At the end of the first sentence of Section 7.5 of the existing
Development Agrec=mt, eadded"Facilities Which are the Obligations of Another Party,or
are of Excessive Size,Capacity,Length or Numbd,"a new sentence shall be inserted as
follows:
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2014-06-17 Agenda Packet Page 251
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"City shall not require such monies or iinprovernents unless City provides �
reasonable assurance of funding or reinibursetnent in accordance with Statc lave
and/or the City's ordinances."
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EXHIBIT"ul
VILLAGE 3 NORTH
INDUSTRIAL CONVERSION PROPERTY
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NUISANCE I
EASEMENT
AREA
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AREA 3
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PARK
FAR EA 4
SCHOOL
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® MIXED USE/OFFICE
(APPROX. 18.7 AC)
® RESIDENTIAL.
(APPROX. 31,3 AC) '
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2014-06-17 Agenda Packet Page 253
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�i C��,—�.-.-. w �i ,(' a s•.sw r ..ae�r•,5{i � -:. .X• .� S 1 a� .r
� EXHIBIT I
l G'F�•"�}.a� Ns
UNIVERSITY DRAINAGE BAS ��r 1' �� �,d���'•,�'r:'`':''.rryJ"7��"f
�
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VILLAGE 1 R'
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�_ ,p
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Vim •ter"yC, �-
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UNIVERSITY
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DFMI AGE AREA
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I UNIVERSITY DRAINAGE AREA
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BASIN AREA
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BASINS
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THIS EXHIBIT 15 AN Ai'PROXIMATION. ACTUAL DRAINAGE WILL BE BASED ON THOSE FLOWS FROM THE
UNIVERSITY SITE THAT NATURALLY FLOWED THROUGH VILLAGE 10 IN THE PRE—DEVELOPED' CONOMOM � I
R:�6915�QrWn�ExM6Rs�[DA Eb5i6ils�EX11 M Lntversity Oiuirrgpe&na1n.#wpt}Apr-09-2814:11:28 �
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3 .
2 i All �VILLAGE 10
at EKHIB67 h .: � r
[Vy x EXCHANGE PROPERTY. = , 4
Mill j
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EXCHANGE
PROPERTY �
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EXCHANGE PROPERTY (8.7 ACHES)
{
R\OBF3�drPln�fxhibffe�l.�IF FxMFClle\EXFI N£xcfionge ProperkytlNar-20-�2fti4t i2t n:J
2014-06-17 Agenda Packet Page 255
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EXHIBIT"o°
`_ 1 ;;t};�r-= UNIVERSITY LAKE PROPERTY
4f �
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11
lj 3
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® 50 AC LAKE PROPERTY
R:�O&15��PEnlFxhfLite�ltlR FaslrfbllslEMH O unlwreEEy taEm Property 11'.dwg[jMar-2R--201�f�i3:O0 '
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2014-06-17 Agenda Packet Page 256