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2015-03-17 Agenda Packet
I declare under penalry of perjury chat 1 am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to _�:f`�� '� _ Brown Act requirements. �,— -- ;_ ,��-� - � C/� � � � � ��S// "" _ _ ° t I Signed: . .VU/!/�-�` '' .T: ti. 9'_ �K���`..� 1 ' �r+ `-"� r . CIIY OF r�°;.-*"` ' �-�." CHULA VISfA ` . � , _,: ,' >r��. ` `- o e �};� -., � � f�a��.��2�� � Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Haibert, City Manager Pamela Bensoussan,Councilmember Glen R. Googins, City Attorney John McCann, Councilmember ponna R. Norris, City Clerk Steve Miesen, Councilmember Tuesday;March 17, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Mresen and tiiayor Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE CONSENT CALENDAR (items 1 - 10) The Council wrll enact the Consent Calendar staff recommendations 6y 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 Cle�lc pnor to the meeting. Items pulled from the Consent Calendar will be discussed immediately .following the Consent Calendar. 1. 15-0095 APPROVAL OF MINUTES of March 3, and March 5, 2015. saaae�ommendavo�: Councii approve the minutes. Cirya/Chula Vlsta Page f Pnntedon 3H?/ZOfS City Council Agenda March 17, 2015 2. 15 -0083 WRITTEN COMMUNICATIONS Memorandum from Councilmember McCann requesting an excused absence from the March 3, 2015 City Council meeting. Staff Recommendation: Council excuse the absence. 3. 15 -0088 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 AND PURCHASING MANAGER AND DELETE FINANCE MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Department: Finance Department Staff Recommendation: Council adopt the ordinance. 4. 15 -0089 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION (SECOND READING AND ADOPTION) Department: City Attorney & City Clerk Staff Recommendation: Council adopt the ordinance. 5. 15 -0092 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)," APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) (Continued from March 3, 2015) Department: Public Works Department Staff Recommendation: Council adopt the resolution. City of Chula Vista 2015 -03 -17 Agenda Packet Page 2 Printed on 311212015 Page 2 City Council Agenda March 17, 2015 6. 15 -0072 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EXISTING MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SOUTH BAY BUS RAPID TRANSIT (TOWN CENTER DRIVE TO BIRCH ROAD) AND APPROPRIATING $288,900 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO CAPITAL IMPROVEMENT PROJECT STL399 (4/5 VOTE REQUIRED) Department: Public Works Department Staff Recommendation: Council adopt the resolution. 7. 15 -0065 ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 (SUNSET CLAUSE) OF CHAPTER 10.68 (CAR SHARING PROGRAM AND PERMIT) OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) Department: Public Works Department Staff Recommendation: Council place the ordinance on first reading. 8. 15 -0070 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "USED MOTOR OIL AND FILTER RECYCLING MEDIA CAMPAIGN" TO MJE MARKETING SERVICES FOR MEDIA BUYING, EDUCATION AND PROMOTION, AND GRAPHICS SUPPORT IN THE AMOUNT OF $600,000 Department: Public Works Department Staff Recommendation: Council adopt the resolution. 9. 15 -0050 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CO- LOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF OLYMPIC PARKWAY AND LA MEDIA ROAD, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT Department: Development Services Department Staff Recommendation: Council adopt the resolution. City of Chula Vista 2015 -03 -17 Agenda Packet Page 3 Printed on 311212015 Page 3 City Council Agenda March 17, 2015 10. 14 -0748 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA, INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN -LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT Department: Development Services Department Staff Recommendation: Council adopt the resolution. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on within the Council's jurisdiction that is not listed as an item on the generally prohibits the Council from discussing or taking action on an y on the agenda, but, if appropriate, the Council may schedule the topic or refer the matter to staff. Comments are limited to three minutes. CITY MANAGER'S REPORTS MAYOR'S REPORTS COUNCILMEMBERS' COMMENTS ADJOURNMENT any subject matter agenda. State law issue not included for future discussion to the State of the City Address on March 17, 2015, at 6:00 p.m., in the Council Chambers; and thence to the regular City Council Workshop on April 2, 2015 at 4:00 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- 5041(California Relay Service is available for the hearing impaired by dialing 711) at least forty -eight hours in advance of the meeting. City of Chula Vista 2015 -03 -17 Agenda Packet Page 4 Printed on 311212015 Page 4 CITY OF CHUTA VISTA File #: 15 -0095, Item #: 1. City of Chula Vista Staff Report APPROVAL OF MINUTES of March 3, and March 5, 2015. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista 2015 -03 -17 Agenda Packet Page 1 of 1 Printed on 3/12/2015 powered by LegistarT" Page 5 City of Chula Vista Meeting Minutes - Draft Tuesday, March 3, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:05 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember Miesen and Mayor Salas Absent: Councilmember McCann Also Present. City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Miesen led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 15 -0075 INTRODUCTION BY DIRECTOR OF PUBLIC WORKS RICHARD HOPKINS, OF EMPLOYEE OF THE MONTH, PUMP MAINTENANCE TECHNICIAN KENNETH THILTGEN Director of Public Works Hopkins introduced employee of the month, Pump Maintenance Technician Kenneth Thiltgen. Mayor Salas read the proclamation and Deputy Mayor Bensoussan presented it to Mr. Thiltgen. Item B was taken out of order and heard following Item C C. 15 -0036 PRESENTATION OF A PROCLAMATION TO KEVIN SHAEFFER ON BEHALF OF THE WOUNDED WARRIOR PROJECT, PROCLAIMING SATURDAY, MARCH 21, 2015 AS WOUNDED WARRIOR PROJECT SOLDIER RIDE DAY IN CHULA VISTA Special Events Coordinator Berdial introduced Kevin Shaeffer, veteran, representing the Wounded Warrior Project. Mayor Salas read the proclamation and Councilmember Aguilar presented it to Mr. Shaeffer. Mr. Shaeffer thanked the Council and spoke regarding the Wounded Warrior Project's programs and events. City of Chula Vista Page 1 2015 -03 -17 Agenda Packet Page 6 City Council Meeting Minutes - Draft March 3, 2015 B. 15 -0032 ACKNOWLEDGEMENT BY LIBRARY DIRECTOR BETTY WAZNIS OF A CONTRIBUTION FROM FRIENDS OF THE LIBRARY IN THE AMOUNT OF $17,000 TOWARD THE LIBRARY'S "TEEN FOCUS" PROJECT Library Director Waznis and Shauna Stokes, representing the Friends of the Library, presented information on the Teen Focus Project and recognized the Friends for its donation to the library. Item C was taken out of order and heard following Item A D. 15 -0078 PRESENTATION OF A PROCLAMATION TO ST. ROSE OF LIMA PARISH EXECUTIVE OFFICER FOR PACK 810 VERY REVEREND LUKE JAUREGUI, REPRESENTATIVE OF THE CHARTERING ORGANIZATION AND IMMEDIATE PAST CUBMASTER OF PACK 810 SERGIO OLIVEROS, COMMITTEE CHAIR MARINA HUMPHREY AND CUBMASTER JOHN VOGEL COMMENDING CUB SCOUT PACK 810 ON ITS 25 -YEAR ANNIVERSARY Mayor Sa /as read the proclamation and Councilmember Miesen presented it to Reverend Jauregui, Mr. Oliveros, and Mr. Vogel. E. 15 -0079 PRESENTATION OF A PROCLAMATION TO CHULA VISTA RESIDENT NORBERT STEIN IN CELEBRATION OF HIS 102ND BIRTHDAY Mayor Sa /as read the proclamation and Councilmember Aguilar presented it to Mr. Stein. Michael Meacham spoke regarding Mr. Stein's contribution to the Chula Vista Charitable Foundation. F. 15 -0082 PRESENTATION OF A PROCLAMATION TO SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) PUBLIC RELATIONS SPECIALIST MARK OLSON PROCLAIMING THURSDAY, APRIL 9, 2015 AS NATIONAL STAND UP FOR TRANSPORTATION DAY IN THE CITY OF CHULA VISTA Deputy Mayor Bensoussan read the proclamation and Councilmember Miesen presented it to Mr. Olson. Mr. Olson thanked the Council and spoke regarding local transportation needs. CONSENT CALENDAR (Items 1 - 16) Items 3 and 14 were removed from the Consent Calendar at the request of Councilmember Aguilar. Mayor Sa /as announced that, regarding Item 1, revised minutes had been distributed to the Council. 1. 15 -0074 APPROVAL OF MINUTES of February 17, 2015. Recommended Action: Council approve the minutes. 2. 15 -0052 WRITTEN COMMUNICATIONS Memorandum from Councilmember Aguilar requesting an excused absence from the January 27, 2015 City Council meeting. Recommended Action: Council excuse the absence. Item 3 was removed from the Consent Calendar. City of Chula Vista Page 2 2015 -03 -17 Agenda Packet Page 7 City Council Meeting Minutes - Draft March 3, 2015 4. 15 -0026 HOUSING ELEMENT 2014 ANNUAL PROGRESS REPORT Recommended Action: Council accept the report. 5. 15 -0014 RESOLUTION NO. 2015 -038 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FIRE DEPARTMENT'S FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $336,278 TO BE OFFSET BY UNANTICIPATED REVENUES TO CONDUCT A FIREFIGHTER /PARAMEDIC ACADEMY (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 6. 15 -0045 RESOLUTION NO. 2015 -039 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADDING ONE GIS SPECIALIST TO THE AUTHORIZED STAFFING LEVEL OF THE FEDERAL GRANTS FUND Recommended Action: Council adopt the resolution. 7. 15 -0037 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDING DECEMBER 31, 2014 B. RESOLUTION NO. 2015 -040 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2014/2015 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council accept the report and adopt the resolution. 8. 15 -0040 A. RESOLUTION NO. 2015 -041 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACKNOWLEDGING RECEIPT OF COUNCIL POLICY NO. 220 -01, THE CITY OF CHULA VISTA INVESTMENT POLICY AND GUIDELINES; AMENDING THE EXISTING POLICY; AND DELEGATING INVESTMENT ACTIVITY AUTHORITY TO THE DIRECTOR OF FINANCE /TREASURER B. INVESTMENT REPORT FOR THE QUARTER ENDED DECEMBER 31, 2014 Recommended Action: Council adopt the resolution and accept the report. 9. 15 -0054 A. RESOLUTION NO. 2015 -042 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT IN THE FINANCE DEPARTMENT TO REFLECT VARIOUS POSITION CHANGES WITH NO NET CHANGE IN AUTHORIZED STAFFING; AND AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION OF FINANCE AND PURCHASING MANAGER AND REMOVAL OF THE FINANCE MANAGER POSITION TITLE City of Chula Vista Page 3 2015 -03 -17 Agenda Packet Page 8 City Council Meeting Minutes - Draft March 3, 2015 B. RESOLUTION NO. 2015 -043 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2014/2015 COMPENSATION SCHEDULE AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 C. 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 AND PURCHASING MANAGER AND DELETE FINANCE MANAGER (FIRST READING) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolutions and place the ordinance on first reading. 10. 15 -0046 RESOLUTION NO. 2015 -044 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE COMPETITIVE FORMAL BID REQUIREMENT, APPROVING AN EQUIPMENT LEASE CONTRACT WITH MARLIN BUSINESS SERVICES CORPORATION FOR MOBILE DATA COMPUTERS AND ASSOCIATED SOFTWARE, AND APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 11. 15 -0012 RESOLUTION NO. 2015 -045 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DONATION OF THIRTY EIGHT (38) TWO- POSITION BUS BIKE RACKS TO THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS) Recommended Action: Council adopt the resolution. 12. 15 -0022 RESOLUTION NO. 2015 -046 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR THE "SIGNING AND STRIPING WITHIN VARIOUS ELEMENTARY SCHOOLS VICINITY FISCAL YEAR 2013/2014 IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP #TF385)" PROJECT TO PAYNECO SPECIALTIES INCORPORATED DBA PAYCO SPECIALTIES IN THE AMOUNT OF $159,723.50, WAIVING CITY COUNCIL POLICY NO. 574 -01, AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $30,000 Recommended Action: Council adopt the resolution. 13. 15 -0029 RESOLUTION NO. 2015 -047 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT GRANT SUBMITTAL WITH THE SAN DIEGO FOUNDATION TO THE NATIONAL PARTNERS FOR PLACES GRANT PROGRAM TO SUPPORT THE DEVELOPMENT OF A WATER REUSE FRAMEWORK City of Chula Vista Recommended Action: Council adopt the resolution. Page 4 2015 -03 -17 Agenda Packet Page 9 City Council Meeting Minutes - Draft March 3, 2015 91< V164&31"<, D'5 -' <) " / , +X +) / &% +5 &'; 15. 15 -0055 RESOLUTION NO. 2015 -052 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE PURCHASE OF A 0.14 -ACRE COMMERCIAL PROPERTY LOCATED AT 224 THIRD AVENUE AND AMENDING THE FISCAL YEAR 2014/2015 BUDGET BY APPROPRIATING $270,000 FROM THE GENERAL FUND RESERVES TO THE NON - DEPARTMENTAL DEPARTMENT CAPITAL BUDGET FOR THE PURCHASE PRICE AND ASSOCIATED COST (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 16. 15 -0056 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION (FIRST READING) B. RESOLUTION NO. 2015 -053 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING THE TIME OF REGULAR CITY COUNCIL MEETINGS TO 5:00 P.M. C. RESOLUTION NO. 2015 -054 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CITY COUNCIL POLICY NO. 104- 01, "ORDER OF BUSINESS AT CITY COUNCIL MEETINGS," TO REMOVE THE REQUIREMENT FOR PUBLIC COMMENTS AND BUSINESS ITEMS TO BE HEARD AT 6:00 P.M. Recommended Action: Council place the ordinance on first reading and adopt the resolutions. Approval of the Consent Calendar ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember Aguilar, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Salas No: 0 Abstain: 0 Mayor Sa /as recessed the meeting at 4:55 p.m. The Council reconvened at 6:06 p.m., with Councilmembers Aguilar, Bensoussan, Miesen, and Mayor Sa /as present. City of Chula Vista Page 5 2015 -03 -17 Agenda Packet Page 10 City Council Meeting Minutes - Draft March 3, 2015 ITEMS REMOVED FROM THE CONSENT CALENDAR 3. 15 -0053 ORDINANCE OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO CHULA VISTA MUNICIPAL CODE CHAPTER 19.09 (GROWTH MANAGEMENT) (SECOND READING AND ADOPTION) Councilmember Aguilar distributed information regarding Item 3 and spoke in support of replacing the word "can" with "shall" in the portions of Section 19.09.040 related to City services and facilities (Police, Fire, Library, and Traffic thresholds), under the Implementation Measures, in relation to the City Council scheduling and holding public hearings when threshold standards are not being met. The following members of the public spoke in support of Councilmember Aguilar's request to replace the word "can" with "shall" - David Danciu, Chula Vista resident and member of the Growth Management Oversight Commission - Armida Torres, Chula Vista resident and member of the Growth Management Oversight Commission - Mark Livag, Chula Vista resident and member of the Growth Management Oversight Commission, and also spoke in support of using the word "should, "instead of "can" or "shall" Peter Watry, Chula Vista resident, expressed concern regarding the consequences when threshold standards are not being met. Council discussion ensued. City Attorney Googins stated that, should the Council amend the language in the ordinance, the item could be approved on first reading and then considered for second reading and adoption at the meeting of April 14, 2015. ACTION: A motion was made by Councilmember Aguilar, seconded by Councilmember Miesen, to place the above ordinance on first reading, as amended to replace the word "can" with "shall" in the portions of Section 19.09.040 related to City services and facilities (Police, Fire, Library, and Traffic thresholds), under the Implementation Measures, in relation to the City Council scheduling and holding public hearings when threshold standards are not being met, heading read, text waived. The motion carried by the following vote: Yes: 3 - Aguilar, Miesen and Salas No: 1 - Bensoussan Abstain: 0 14. 15 -0049 A. RESOLUTION NO. 2015 -048 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE INDUSTRIAL BLVD. BIKE LANES; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA, ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS; AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT City of Chula Vista Page 6 2015 -03 -17 Agenda Packet Page 11 City Council Meeting Minutes - Draft March 3, 2015 B. RESOLUTION NO. 2015 -049 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MULTI -MODAL PEDESTRIAN /BIKEWAY MASTER PLAN; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA, ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS; AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT C. RESOLUTION NO. 2015 -050 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE MAIN STREET CORRIDOR PEDESTRIAN IMPROVEMENTS; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA, ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT D. RESOLUTION NO. 2015 -051 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE FILING OF AN APPLICATION FOR ACTIVE TRANSPORTATION GRANT PROGRAM FUNDS THROUGH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS FOR THE WALK + BIKE CHULA VISTA EDUCATION, ENCOURAGEMENT AND AWARENESS CAMPAIGN; AUTHORIZING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE THE POWER TO EXECUTE IN THE NAME OF THE CITY OF CHULA VISTA ALL GRANT AMENDMENTS AND REQUESTS FOR PAYMENTS NECESSARY TO SECURE GRANT FUNDS AND ACCEPTING THE TERMS OF THE GRANT AGREEMENT In response to questions from Councilmember Aguilar, Principal Civil Engineer Rivera and Recreation Director McClure provided additional information on the item. ACTION: A motion was made by Councilmember Aguilar, seconded by Deputy Mayor Bensoussan, that Resolution Nos. 2015 -048, 2015 -049, 2015 -050, and 2015 -051 be adopted, headings read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Salas No: 0 Abstain: 0 City of Chula Vista Page 7 2015 -03 -17 Agenda Packet Page 12 City Council Meeting Minutes - Draft March 3, 2015 PUBLIC COMMENTS The following members of the public spoke in support of making the Hero Program, related to clean energy projects for residents, available in Chula Vista: - Gabriel Carini, representing Carini Heating and Air Conditioning - Jason Baer, representing Mauzy Heating, Air and Solar - Charles Curley, Helio Power - Dustin Reilich, representing the California Hero Program - Steve Witte, Chula Vista resident - Anselmo Haro, Chula Vista resident - Roy van Beaumont, Chula Vista resident Crystal Crawford, representing Ygrene Energy Fund, provided information regarding Ygrene and its relationship with the City through the Property Assessed Clean Energy (PACE) program. City Manager Halbert stated that staff planned to present an item to the Council on the Property Assessed Clean Energy (PACE) clean energy program in June 2015. PUBLIC HEARINGS 17. 15 -0003 CONSIDERATION OF WAIVING A MINOR MATHEMATICAL ERROR IN THE BID RECEIVED FOR THE "REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015" (Continued from February 17, 2015) RESOLUTION NO. 2015 -055 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING A MINOR MATHEMATICAL ERROR; ACCEPTING BIDS; AWARDING A CONTRACT FOR THE "REPLACEMENT OF CURB AND GUTTER CITYWIDE FISCAL YEAR 2014/2015, IN THE CITY OF CHULA VISTA, CALIFORNIA CIP #STL402" PROJECT TO JUST CONSTRUCTION, INC. IN THE AMOUNT OF $165,686.50; AND AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCY FUNDS IN AN AMOUNT NOT TO EXCEED $15,313.50 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 Salas previously opened the public hearing on February 17, 2015. There being no members of the public who wished to speak, Mayor Salas closed the public hearing. City of Chula Vista ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember Aguilar, that Resolution No. 2015 -055 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Salas No: 0 Abstain: 0 Page 8 2015 -03 -17 Agenda Packet Page 13 City Council Meeting Minutes - Draft March 3, 2015 18. 14 -0739 CONSIDERATION OF AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 TO 20 AND RELATED CHANGES (Includes public hearing for Item A and related Item B) A. RESOLUTION NO. 2015 -056 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AMENDMENTS TO THE CHULA VISTA GAMING PLAN TO INCREASE MAXIMUM NUMBER OF GAMING TABLES FROM 18 TO 20, UP TO 15 TABLES OF ANY ONE CLASS, AND RELATED CHANGES, INCLUDING A FIVE YEAR OPERATING AGREEMENT B. RESOLUTION NO. 2015 -057 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RATIFYING CHIEF DAVID BEJARANO'S APPROVAL OF NEW OWNERS POSSESSING FINANCIAL INTEREST IN THE GAMING OPERATIONS AND CARDROOM LICENSE OF VILLAGE CLUB CARD ROOM 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. Deputy City Attorney Hawkins and Captain Turner spoke regarding the item. Mayor Salas opened the public hearing. The following members of the public spoke in support of staffs recommendation: - Nikki Jimenez, representing South Bay Community Services, who read a statement on behalf of Patricia Chavez - Lisa Cohen, representing the Chula Vista Chamber of Commerce - Carmelita Vinson, Chula Vista resident Michael Green, representing the Village Card Room, thanked the Council and stated he was available for questions. Mayor Salas stated that the Council had received letters in support of staffs recommendation and that no communications in opposition had been received. There being no other members of the public who wished to speak, Mayor Salas closed the public hearing. City of Chula Vista ACTION: A motion was made by Deputy Mayor Bensoussan, seconded by Councilmember Aguilar, that Resolution Nos. 2015 -056 and 2015 -057 be adopted, headings read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Salas No: 0 Abstain: 0 Page 9 2015 -03 -17 Agenda Packet Page 14 City Council Meeting Minutes - Draft March 3, 2015 19. 15 -0048 CONSIDERATION OF CHULA VISTA'S PORTION OF THE 2014 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM A. RESOLUTION NO. 2015 -058 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 EXCLUDING CHV73 ( "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406) ") AND CHV -NEW ( "SWEETWATER RIVER PATHWAY STUDY ") FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)," APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) C. RESOLUTION NO. 2015 -059 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV -NEW PROJECT SWEETWATER RIVER PATHWAY STUDY FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS 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 Sa /as opened the public hearing. There being no members of the public who wished to speak, Mayor Sa /as closed the public hearing. Mayor Sa /as stated that Item 198 would be continued to the meeting of March 17, 2015. City of Chula Vista Page 10 2015 -03 -17 Agenda Packet Page 15 City Council Meeting Minutes - Draft March 3, 2015 ACTION: A motion was made by Councilmember Aguilar, seconded by Councilmember Miesen, that Resolution Nos. 2015 -058 and 2015 -059 be adopted, headings read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Salas No: 0 Abstain: 0 ACTION ITEMS 20. 14 -0636 CONSIDERATION OF APPROVING A DESIGN /BUILD AGREEMENT WITH WEST COAST GENERAL /CONDON JOHNSON, INC. CONSTRUCTION, AMENDING THE FISCAL YEAR 2014/2015 BUDGET, ESTABLISHING THE TELEGRAPH CANYON ROAD EROSION REPAIR PROJECT, AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES THEREFOR (Continued from February 17, 2015) RESOLUTION NO. 2015 -060 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE DESIGN /BUILD AGREEMENT WITH WEST COAST GENERAL /CONDON JOHNSON, INC. CONSTRUCTION FOR THE DESIGN AND CONSTRUCTION OF A SECANT PILE WALL IN TELEGRAPH CANYON; AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET AND ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT "TELEGRAPH CANYON ROAD EROSION REPAIR (DR199) "; AND APPROPRIATING $1,800,000 FROM THE GENERAL FUND RESERVES TO CIP DR199 (4/5 VOTE REQUIRED) Deputy City Manager Kachadoorian spoke regarding the item and responded to Council questions. Assistant Director of Engineering Valle and Senior Civil Engineer Yano gave a presentation on the item. ACTION: A motion was made by Councilmember Aguilar, seconded by Councilmember Miesen, that Resolution No. 2015 -060 be adopted, heading read, text waived. The motion carried by the following vote: Yes: 4 - Aguilar, Bensoussan, Miesen and Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Halbert announced the opening of The Hub, an extension of the Otay Ranch Branch Library, on March 10, 2015. He also reported on recent discussions between Deputy City Manager Bacon and the United States Olympic Committee regarding the Chula Vista Olympic Training Center. MAYOR'S REPORTS Mayor Salas announced that Chief Bejarano had been elected President of the California Police Chiefs Association. She also thanked the City's Employee Engagement Committee for its suggestion to reinstate the employee milestone recognition program. City of Chula Vista Page 11 2015 -03 -17 Agenda Packet Page 16 City Council Meeting Minutes - Draft March 3, 2015 Mayor Salas announced that Councilmember McCann was absent due military service. On Councilmember McCann's behalf, Mayor Salas reported on an upcoming youth heart screening event on March 8, 2015, sponsored by the Eric Paredes Save -A -Life Foundation. COUNCILMEMBERS' COMMENTS Deputy Mayor Bensoussan spoke regarding the opening of an art exhibition, Dia De La Mujer hosted by The Front Art Gallery in San Ysidro, on March 5, 2015. City Attorney Googins spoke regarding Southwestern College's recent School of Arts and Communication gala and thanked the City for its support of the event. ADJOURNMENT At 8:12 p.m., Mayor Salas adjourned the meeting to the City Council Workshop on March 5, 2015, at 4:00 p.m., in the Council Chambers; and thence to the Regular City Council Meeting on March 17, 2015, at 4:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 12 2015 -03 -17 Agenda Packet Page 17 City of Chula Vista Meeting Minutes - Draft Thursday, March 5, 2015 4:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 CITY COUNCIL WORKSHOP CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4:06 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Deputy Mayor Bensoussan, Councilmember Miesen and Mayor Salas Absent: Councilmember McCann Also Present: City Manager Halbert, City Attorney Googins, City Clerk Norris, and Assistant City Clerk Bigelow PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Bensoussan led the Pledge of Allegiance. PUBLIC COMMENTS There were none. WORKSHOP 15 -0071 HEALTHY COMMUNITIES WORKSHOP Healthy Chula Vista Initiative New Healthy Communities Assessment Tool Healthy Community Planning Complete Streets Concepts Environmental Resource Manager Reed gave a presentation on the item Stephan Vance, Senior Regional Planner, representing the San Diego Association of Governments (SANDAG), gave a presentation on the Healthy Communities Assessment tool. He spoke regarding Chula Vista healthy neighborhood indicators and rankings. Associate Planner Tessitore -Lopez spoke regarding public health and community planning. Planning Manager Batchelder responded to Council questions regarding general plan updates. Charlie Gandy, consultant, representing Livable Communities, Inc., gave a presentation regarding the Complete Streets program and options for more bike- and pedestrian - friendly streets. City of Chula Vista Page 1 2015 -03 -17 Agenda Packet Page 18 City Council Meeting Minutes - Draft March 5, 2015 Councilmembers provided feedback related to healthy community initiatives. Mr. Gandy and Environmental Resource Manager Reed answered questions from the Council regarding the presentations. Environmental Resource Manager Reed provided information on community partners and the anticipated next steps on items related to healthy communities. Ofelia Alvarado, representing the American Lung Association, distributed information to the Council and spoke in support of smoke -free housing policies for multi - family housing units. In response to a question from Councilmember Miesen, Mr. Gandy provided information regarding safety and health concerns related to parking on streets. ADJOURNMENT At 5:53 p.m., Mayor Salas adjourned the meeting to the next Regular City Council meeting on March 17, 2015, at 4:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 2 2015 -03 -17 Agenda Packet Page 19 CITY OF CHULA VISTA File #: 15 -0083, Item #: 2. WRITTEN COMMUNICATIONS City of Chula Vista Staff Report Memorandum from Councilmember McCann requesting an excused absence from the March 3, 2015 City Council meeting. RECOMMENDED ACTION Council excuse the absence. City of Chula Vista Page 1 of 1 W71iw- 6TiMAIN KII&7 2015 -03 -17 Agenda Packet Page 20 February 257 201 John E. NllcCann Councilmember 276 Fourth Ave Chula Mista, CA 91910 Dear Honorable Mayor. Council R Cite Manager. I respectfully request an excused absence for the March 3, 2015 Chula Vista City Council meeting. As a Lieutenant Commander in the United States Nati v Reserve. I will be serwina on active military duty for an estimated 15 days. After returnins from active military derv. I loom forward to attending the March 17. 201 5 Council meetinu and the Mavor's State of the City address. Thank you for your consideration. Sincerely. John McCann Councilmember 2015 -03 -17 Agenda Packet Page 21 CITY OF CHULA VISTA File #: 15 -0088, Item #: 3. City of Chula Vista Staff Report 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 AND PURCHASING MANAGER AND DELETE FINANCE MANAGER (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY Currently, the duties of the Finance Director, as described in the City Charter are performed by Deputy City Manager, Maria Kachadoorian. In addition to acting as the Director for the Finance Department, the Deputy City Manager also oversees the Public Works Department, Development Services Department, Economic Development and Office of Communications. As the City continues to make progress in several high profile and complex projects it is necessary to ensure that the City's management of day to day finances receive the attention necessary to keep the City on track towards long -term financial resiliency. It is staff's recommendation to reorganize four positions in the Finance Department to ensure continued success in the overall management of the City's finances including debt management, annual financial reporting, operating budget, investments, cash management, revenue and recovery, master fee updates, cost allocation plan, long -term financial planning and other responsibilities which require the full attention of a Director. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined in Section 15378(b)(2) of the State CEQA because it is a personnel related action; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not Applicable DISCUSSION Currently, oversight of the daily operations of the Finance Department resides with the Assistant Director of Finance, while ultimate responsibility for the Department lies with the Deputy City Manager. Given the responsibilities of the Deputy City Manager and with the impending retirement of the Assistant Director of Finance, the Finance Department will be re- organized to return full responsibility for the department to a Director of Finance. The Director of Finance will report to Deputy City Manager - Kachadoorian who will continue to provide support in the financial planning of the City. Additionally, two Associate Accountant positions will be converted to a Senior Accountant positon and a Fiscal Office Specialist position in order to address the technical and administrative City of Chula Vista 2015 -03 -17 Agenda Packet Page 1 of 3 Printed on 3/12/2015 powered by LegistarT" Page 22 File #: 15 -0088, Item #: 3. needs of the Department. Finally, the reclassification of the vacant Finance Manager to a newly established position of Finance and Purchasing Manager is also recommended in order to create a better reporting structure for these two divisions. The recommended changes will result in the following changes to the Finance Department's authorized positions count: Position Title FTE Director of Finance 1.0 Finance and Purchasing Manager 1.0 Senior Accountant 1.0 Fiscal Office Specialist 1.0 Assistant Director of Finance -1.0 Associate Accountant -2.0 Finance Manager -1.0 Total FTE Change - Human Resources staff conducted a department initiated classification review on the Finance Manager position to determine if the permanent and on -going duties and responsibilities of the position were assigned to the appropriate classification. In order to better align duties to the appropriate title and compensation range, staff recommends the establishment of the following new position classification: • Finance and Purchasing Manager, Senior Manager, $5,175.98 (Bi- weekly E -Step) California Code of Regulations, Title 2, Section 570.5 requires that, for purposes of determining a retiring employee's pension allowance, the pay rate be limited to the amount listed on a pay schedule that meets certain requirements and be approved by the governing body in accordance with the requirements of the applicable public meeting laws. The Fiscal Year 2014 -2015 Compensation Schedule ( "Compensation Schedule ") was originally approved by the City Council at their meeting of July 8, 2014, with the most recent revision of the Compensation Schedule approved by the City Council on December 16, 2014. Approval of Resolution B will approve the revised Compensation Schedule to reflect the deletion of the Finance Manager position title and the addition of the Finance and Purchasing Manager position title. Lastly, Chula Vista Municipal Code Section 2.05.010 also needs to be updated to reflect the position change impacting the unclassified position. Chula Vista City Charter Section 500 requires that all unclassified positions not mentioned specifically in Charter Section 500 be adopted by ordinance. Adoption of the ordinance will add the position title of Finance and Purchasing Manager to Municipal Code Section 2.05.010 and delete the position title of Finance Manager. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18705.2 (a)(11), is not applicable to this decision. 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 City of Chula Vista Page 2 of 3 Printed on 3/12/2015 powered by Leg 2015 -03 -17 Agenda Packet Page 23 File #: 15 -0088, Item #: 3. maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The position changes support the City -wide strategic goal of Operational Excellence by providing for the appropriate classifications to provide finance support to City departments and employees. Furthermore, approval of the revised Fiscal Year 2014 -2015 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT The proposed changes in the Finance Department will result in no net fiscal impact to the General Fund and no net change in the overall position count of the department. No budget amendments are needed for the proposed changes. ONGOING FISCAL IMPACT There is no net ongoing cost related to the position changes recommended as they are offset through the proposed reorganization. ATTACHMENTS Revised Fiscal Year 2014 -2015 Compensation Schedule Staff Contact: Maria Kachadoorian, Deputy City Manager City of Chula Vista 2015 -03 -17 Agenda Packet Page 3 of 3 Printed on 3/12/2015 powered by LegistarT" Page 24 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 All position titles designated as Executive ( "EXEC ") or Senior Management ( "SM ") have salary bands with a minimum ( "Step A ") and maximum ( "Step E ") salary; salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and adopted: Res2lej,p6347 Agenda Packet Page 25 Hourly Rate Bi- Weekly Rate 1U TITI 9: PCN 3633 BARG CONF Step A $31.30 Step B $32.86 Step C $34.51 Step D $36.23 Step E $38.04 Step A $2,503.77 Step B $2,628.96 Step C $2,760.40 Step D $2,898.42 Step E $3,043.35 SISTANT 7ACCOUNTING 3641 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 SISTANT (HRLY) 3640 UCHR $19.14 $20.10 $21.11 $22.1 6 $23.27 $1,531.50 $1,608.07 $1,688.48 $1,772.89 $1,861.54 H (HOURLY) 3676 UCHR $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.91 $2,242.71 $2,354.85 HNICIAN 3643 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.72 $2,354.85 ACCOUNTING TECHNICIAN 3675 CVEA $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.34 $2,034.21 $2,135.92 $2,242.71 $2,354.85 ADMIN AIDE 0201 CVEA $16.11 $16.92 $17.76 $18.65 $19.58 $1,288.99 $1,353.44 $1,421.12 $1,492.17 $1,566.78 ADMIN ANALYST 1 0203 CVEA $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.47 ADMIN SERVICES MANAGER 0215 SM $42.86 - - - $52.09 $3,428.62 $4,167.50 ADMINISTRATIVE SECRETARY 0149 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE SECRETARY 0179 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECH (HOURLY) 0127 UCHR $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0147 CONF $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ADMINISTRATIVE TECHNICIAN 0181 CVEA $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.58 $2,190.91 $2,300.45 ANIMALADOPTION COUNSELOR 5310 CVEA $20.47 $21.49 $22.57 $23.70 $24.88 $1,637.70 $1,719.58 $1,805.56 $1,895.84 $1,990.63 ANIMALCAREAIDE(HRLY) 5316 UCHR $11.32 $11.91 $12.55 $13.20 $13.90 $905.56 $953.01 $1,003.78 $1,056.21 $1,111.98 ANIMALCARE FAC ADMINISTRATOR 5327 SM $49.94 $52.43 $55.05 $57.81 $60.70 $3,994.85 $4,194.59 $4,404.32 $4,624.54 $4,855.77 ANIMALCARE FACILITY MANAGER 5330 MM $43.15 $45.30 $47.57 $49.95 $52.44 $3,451.72 $3,624.31 $3,805.53 $3,995.80 $4,195.59 ANIMALCARE FACILITY SUPVR 5317 MM $34.01 $35.71 $37.50 $39.37 $41.34 $2,720.73 $2,856.76 $2,999.60 $3,149.58 $3,307.06 ANIMALCARE SPECIALIST 5343 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 ANIMALCARE SPECIALIST (HRLY) 5344 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 ANIMALCARE SUPERVISOR 5319 CVEA $23.84 $25.03 $26.28 $27.59 $28.97 $1,906.90 $2,002.25 $2,102.35 $2,207.48 $2,317.85 ANIMAL CONTROL OFFICER 5303 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 ANIMAL CONTROL OFFICER (HRLY) 5305 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 ANIMALCTRLOFFCR SUPERVISOR 5304 CVEA $23.69 $24.87 $26.12 $27.42 $28.79 $1,895.05 $1,989.82 $2,089.30 $2,193.77 $2,303.46 ANIMALSERVICES SPECIALIST 5309 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.29 $3,012.76 $3,163.40 APPLICATIONS SUPPORT MANAGER 3083 MM $39.76 $41.75 $43.84 $46.03 $48.33 $3,180.88 $3,339.92 $3,506.92 $3,682.26 $3,866.38 APPLICATIONS SUPPORT SPEC 3088 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 AQUARIST 7741 CVEA $21.32 $22.39 $23.51 $24.68 $25.92 $1,705.79 $1,791.08 $1,880.64 $1,974.67 $2,073.40 AQUATIC SUPERVISOR 1 7579 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.43 $1,836.89 $1,928.74 $2,025.18 $2,126.44 AQUATIC SUPERVISOR 11 7577 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.70 $2,339.08 AQUATIC SUPERVISOR 111 7575 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 ASSISTANT CITY CLERK 2210 SM $36.22 $38.03 $39.93 $41.93 $44.03 $2,897.57 $3,042.45 $3,194.57 $3,354.29 1$3,522.01 ASSISTANT DIR OF DEV SERVICES 4040 SM $63.15 - - - $76.76 $5,051.90 $6,140.61 ASSOCACCOUNTANT 3635 CONF $34.43 $36.15 $37.96 $39.85 $41.85 $2,754.13 $2,891.84 $3,036.43 $3,188.25 $3,347.67 ASSOC ENGINEER 6017 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.24 $3,324.54 $3,490.77 $3,665.31 ASSOC LAND SURVEYOR 6287 WCE $37.69 $39.58 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 ASSOC PLAN CHECK ENGINEER 4747 WCE $37.69 $39.58 1 $41.56 $43.63 $45.82 $3,015.46 $3,166.23 $3,324.54 $3,490.77 $3,665.31 ASSOC PLANNER 4437 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 ASSOC PLANNER (HOURLY) 4438 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.53 $2,606.66 $2,736.99 $2,873.85 $3,017.54 ASST CHIEF OF POLICE 5011 SM $61.95 - - - $75.30 $4,955.71 $6,023.69 ASST C ITY ATTO R N EY 2405 SM $66.14 $69.45 $72.92 $76.53 $80.39 $5,291.23 $5,555.80 $5,833.59 $6,122.02 $6,431.53 ASST CITY MANAGER /ADMIN 2707 EXEC $85.57 $103.37 $6,845.94 $8,269.53 ASST DIR HUMAN RESOURCES 3304 SM $57.61 $69.14 $4,609.10 $5,530.92 ASST DIR OF FINANCE 3604 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST DIR OF PUBLIC WORKS 6322 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST DIR OF RECREATION 7401 SM $47.31 $57.50 $3,784.40 $4,599.97 ASST DIRECTOR OF ENGINEERING 6008 SM $57.27 $69.14 $4,581.25 $5,530.92 ASST ENGINEER 6015 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.13 $2,753.25 $2,890.90 $3,035.46 $3,187.22 ASST LAND SURVEYOR 6289 WCE $32.78 $34.42 $36.14 $37.94 $39.84 $2,622.14 $2,753.24 $2,890.91 $3,035.45 $3,187.22 ASST PLANNER 4439 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.69 $2,488.18 $2,612.59 $2,743.22 AUTOMATED FINGERPRINTTECH 5123 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 BENEFITS MANAGER 3404 MMCF $39.32 $41.29 $43.35 $45.52 $47.80 $3,145.81 1$4,289.25 $3,303.10 $3,468.26 $3,641.67 $3,823.76 BLDG PROJECT MANAGER 6412 PROF $36.54 $38.37 $40.29 $42.30 $44.42 $2,923.26 $3,069.43 $3,222.90 $3,384.04 $3,553.25 BLDG PROJECTS SUPERVISOR 6404 PROF $33.23 $34.89 $36.63 $38.47 $40.39 $2,658.21 $2,791.12 $2,930.68 $3,077.21 $3,231.07 BUDGET& ANALYSIS MANAGER 2222 SM $53.62 - - - $64.70 $5,175.98 BUILDING INSPECTOR 1 4771 CVEA $27.32 1 $28.68 $30.12 1 $31.61 $33.21 0 $2,185.42 $2,294.69 $2,409.43 $2,528.74 $2,656.40 BUILDING INSPECTOR 11 4773 CVEA $30.05 1 $31.55 $33.13 1 $34.79 $36.53 0 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 All position titles designated as Executive ( "EXEC ") or Senior Management ( "SM ") have salary bands with a minimum ( "Step A ") and maximum ( "Step E ") salary; salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and adopted: Res2lej,p6347 Agenda Packet Page 25 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Approved and adopted: Res2lej'p&347 Agenda Packet Page 26 Hourly Rate Bi- Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E BUILDING INSPECTOR II HRLY 4774 UCHR $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.18 $2,650.39 $2,782.90 $2,922.05 BUILDING INSPECTOR III 4775 CVEA $33.05 $34.71 $36.44 $38.26 $40.18 $2,644.37 $2,776.59 $2,915.42 $3,061.19 $3,214.25 BUILDING OFFICIAL /CODE ENF MGR 4780 SM $60.14 - - - $73.10 $4,811.33 $5,848.20 BUILDING PROJECT COORDINATOR 6407 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 BUSINESS LICENSE REP 4505 CVEA $19.14 $20.10 $21.11 $22.16 $23.27 $1,531.49 $1,608.07 $1,688.47 $1,772.90 $1,861.54 CARPENTER 6444 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 CBAG DEPUTY DIRECTOR SD LECC 5269 SM $44.20 - - $51.17 $53.72 $3,535.87 $4,093.21 $4,297.87 CBAG DEPUTY EXECUTIVE DIRECTOR 5273 SM $46.68 $58.46 $3,734.34 $4,676.66 CBAG DI OF IV -LECC 5268 SM $44.20 $53.72 $3,535.87 $4,297.87 CBAG EXECUTIVE DIRECTOR 5272 EXEC $54.91 $60.54 - $68.76 $4,392.69 $4,842.94 $5,501.14 CBAG PROGRAM MANAGER 5285 MM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 CHIEF OF POLICE 5001 EXEC $79.37 - - $94.47 $96.47 $6,349.47 $7,557.71 $7,717.83 CHIEF OF STAFF 2011 MMUC $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 CHIEF SERVICE OFFICER 4030 SM $30.86 - - - $37.51 $2,469.06 $3,001.16 CIP PROJECTS SUPV 6405 MM $25.30 $26.56 $27.89 $29.28 $30.75 $2,023.61 $2,124.79 $2,231.03 $2,342.58 $2,459.71 CITY ATTORNEY (ELECTED) 2400 CATY $88.75 $7,100.39 CITY CLERK 2201 CCLK $68.68 $5,494.10 CITY ENGINEER 6010 SM $57.67 $70.10 $4,613.96 $5,608.29 CITY MANAGER 2710 CMGR - $114.07 $9,125.83 CIVIL BCKGRND INVEST (HOURLY) 5430 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 CIVILIAN BACKGROUND INVEST 5429 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.30 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.79 $27.08 $28.43 $29.85 $31.35 $2,063.15 $2,166.32 $2,274.63 $2,388.36 $2,507.78 CLERICAL AIDE 0241 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 CODE ENF OFFICER 1 4777 CVEA $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER I (HOURLY) 4776 UCHR $23.73 $24.91 $26.16 $27.47 $28.84 $1,898.29 $1,993.19 $2,092.86 $2,197.50 $2,307.38 CODE ENF OFFICER 11 4779 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 CODE ENF OFFICER 11 (HOURLY) 4778 UCHR $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.51 $2,302.15 $2,417.25 $2,538.11 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $20.63 $21.67 $22.75 $23.89 $25.08 $1,650.68 $1,733.22 $1,819.88 $1,910.87 $2,006.41 COLLECTIONS SUPERVISOR 3683 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COLLECTIONS SUPERVISOR HOURLY 3687 UCHR $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 COMMUNICATION SYSTEM MGR 5161 MM $29.73 $31.21 $32.77 $34.41 $36.13 $2,378.22 $2,497.13 $2,621.99 $2,753.09 $2,890.74 COMMUNITY SERV OFFICER 5141 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 COMPUTER PROG /ANALYST 3021 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 COMPUTER PROGRAMMER 3023 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 CONSERVATION SPECIALIST 1 6200 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.73 $2,097.61 CONSTITUENT SERVICES MANAGER 2038 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.42 $2,258.99 $2,371.93 $2,490.53 $2,615.06 CONSTRUCTION & REPAIR MGR 6423 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CONSTRUCTION & REPAIR SUPVSR 6427 CVEA $33.10 $34.76 $36.50 $38.32 $40.24 $2,648.18 $2,780.59 $2,919.62 $3,065.60 $3,218.88 COUNCIL ASSISTANT 2023 UCHR $22.91 $24.06 $25.26 $26.52 $27.85 $1,832.86 $1,924.50 $2,020.73 $2,121.76 $2,227.85 COUNCILPERSON 2003 CL - - - - $23.43 $1,874.50 CRIME LABORATORY MANAGER 5101 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 CUSTODIAL & FAC MANAGER 6654 MM $37.46 $39.33 $41.30 $43.36 $45.53 $2,996.62 $3,146.46 $3,303.78 $3,468.97 $3,642.42 CUSTODIAL SUPERVISOR 6667 CVEA $21.90 $23.00 $24.15 $25.35 $26.62 $1,752.09 $1,839.69 $1,931.68 $2,028.26 $2,129.68 CUSTODIAN 6661 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 CUSTODIAN (HOURLY) 6662 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 DELIVERY DRIVER 7191 CVEA $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.77 $1,469.75 $1,543.24 DELIVERY DRIVER (HOURLY) 7192 UCHR $15.87 $16.66 $17.50 $18.37 $19.29 $1,269.63 $1,333.11 $1,399.76 $1,469.76 $1,543.24 DEP CITY MANAGER 2705 EXEC $88.51 - - - $97.59 $7,081.12 $7,806.93 DEPUTY CITY ATTORNEY 1 2410 PRUC $38.66 $40.59 $42.62 $44.75 $46.99 $3,092.81 $3,247.46 $3,409.83 $3,580.32 $3,759.34 DEPUTY CITY ATTORNEY 11 2408 PRUC $46.39 $48.71 $51.15 $53.70 $56.39 $3,711.37 $3,896.94 $4,091.79 $4,296.38 $4,511.20 DEPUTY CITY ATTY 111 2411 SM $59.54 $62.52 $65.64 $68.92 $72.37 $4,763.09 $5,001.24 $5,251.31 $5,513.87 $5,789.53 DEPUTY CITY CLERK 1 2245 PRUC $24.45 $25.67 $26.95 $28.30 $29.72 $1,955.83 $2,053.62 $2,156.30 $2,264.11 $2,377.32 DEPUTY CITY CLERK 11 2243 PRUC $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.41 $2,258.98 $2,371.93 $2,490.53 $2,615.06 DEPUTY FIRE CHIEF 5505 SM $59.53 - - - $72.35 $4,762.11 $5,788.37 DEPUTY FIRE CHIEF (INTERIM) 5504 SM $59.53 - - - $72.35 $4,762.11 $5,788.37 DETENTION FACILITY MANAGER 5130 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.88 $3,588.78 $3,768.22 $3,956.63 $4,154.46 DEVELOPMENT SERVICES TECH 1 4542 CVEA $19.52 $20.49 $21.52 $22.59 $23.72 $1,561.43 $1,639.50 $1,721.48 $1,807.55 $1,897.93 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $73.90 - - $88.41 $89.84 $5,912.04 - - $7,072.72 $7,187.08 DEVELOPMENT SVCS TECH 11 4541 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 DEVELOPMENT SVCS TECH 111 4543 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 DEVLPMENT SVCS TECH 11 (HRLY) 4544 UCHR $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.57 1$1,803.46 $1,893.63 $1,988.31 $2,087.72 DEVLPMT SVCS COUNTER MGR 1 4547 i MM 1$35.69 1 $37.48 t $39.35 $41.32 1 $43.38 $2,855.35 1$2,998.12 1$3,148.02 $3,305.42 $3,470.70 Approved and adopted: Res2lej'p&347 Agenda Packet Page 26 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Approved and adopted: Res2lej'p6347 Agenda Packet Page 27 Hourly Rate Bi- Weekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E DIR OF ECON DEV (INTERIM) 2727 EXEC $56.00 $79.82 $4,479.69 $6,385.74 DIR OF ECON DEVELOPMENT 2734 EXEC $56.00 $79.82 $4,479.69 $6,385.74 DIR OF ENG /CITY ENGINEER 6006 EXEC $65.49 $79.60 $5,238.85 $6,367.85 DIR OF FINANCE 3601 EXEC $74.43 $89.83 $5,954.60 $7,186.12 DIR OF HUMAN RESOURCES 3303 EXEC $64.59 1 - 1 $78.51 $5,167.37 $6,280.97 DIR OF INFO TECH SVCS 3001 EXEC $64.59 $71.21 $78.51 $5,167.37 $5,697.03 $6,280.97 DIR OF LIBRARY 7002 EXEC $69.14 - $83.40 $5,531.32 $6,671.61 DIR OF PUBLIC WORKS 6320 EXEC $73.25 $86.36 $89.83 $5,860.03 $6,908.65 $7,186.12 DIR OF RECREATION 7405 EXEC $59.72 $62.71 $65.84 $69.14 $72.59 $4,777.81 $5,016.70 $5,267.53 $5,530.91 $5,807.46 DIR OF REDEVLPMENT & HOUSING 4201 EXEC $65.49 - - - $79.60 $5,238.85 $6,367.85 ELECTRICIAN 6438 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 ELECTRONIC /EQUIP INSTALLER 6492 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.67 ELECTRONICSTECH SUPERVISOR 6472 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 ELECTRONICS TECHNICIAN 6475 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 EMERGENCY SRVCS COORD (HRLY) 5565 UCHR $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMERGENCY SVCS COORDINATOR 5564 PROF $35.60 $37.38 $39.25 $41.21 $43.27 $2,848.15 $2,990.55 $3,140.08 $3,297.08 $3,461.94 EMS NURSE COORDINATOR 5567 PROF $45.03 $47.28 1 $49.65 $52.13 1 $54.74 $3,602.57 $3,782.69 $3,971.83 $4,170.42 $4,378.94 ENGINEERING TECH 1 6081 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 ENGINEERING TECH 11 6071 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 ENVIRON SVCS PROG MGR 6201 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMENTAL RESOURCE SPEC 4464 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 ENVIRONMNTL RESOURCE MGR 4463 MM $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.68 $3,158.07 $3,315.97 $3,481.77 EQUIPMENT MAINTENANCE MANAGER 6505 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 EQUIPMENT MECHANIC 6542 CVEA $23.62 $24.80 $26.04 $27.34 $28.71 $1,889.57 $1,984.05 $2,083.25 $2,187.41 $2,296.78 EQUIPMENT OPERATOR 6361 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 EVIDENCE CONTROL ASST 5115 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.07 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EVIDENCE CONTROL ASST (HRLY) 5117 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.63 $1,734.21 $1,820.92 EXECUTIVE SECRETARY 0187 CONF $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,651.00 $2,783.55 EXECUTIVE SECRETARY (HOURLY) 0188 UCHR $28.63 $30.06 $31.56 $33.14 $34.79 $2,290.03 $2,404.53 $2,524.76 $2,650.99 $2,783.55 FA ACCOUNTING TECHNICIAN 5270 CONF $24.22 $25.43 $26.70 $28.03 $29.44 $1,937.35 $2,034.21 $2,135.92 $2,242.72 $2,354.85 FA ADMIN ANALYST 1 5297 CONF $26.60 $27.93 $29.33 $30.79 $32.33 $2,127.90 $2,234.28 $2,346.00 $2,463.30 $2,586.48 FA ADMIN ANALYST 11 5296 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.73 $2,580.60 $2,709.63 $2,845.12 FA ANALYST 5277 CONF $20.33 $21.34 $22.41 $23.53 $24.71 $1,626.07 $1,707.38 $1,792.75 $1,882.38 $1,976.50 FA DIRECTOR OF SD LECC 5274 SM $57.30 - - - $68.76 $4,584.28 $5,501.13 FA EXECUTIVE ASSISTANT 5286 CONF $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.29 $2,187.45 $2,296.83 $2,411.67 $2,532.25 FA GEOSPATIAL INTEL ANALYST 5439 PRUC $37.89 $39.78 $41.77 $43.86 $46.06 $3,031.15 $3,182.73 $3,341.86 $3,508.95 $3,684.40 FA GRAPHIC DESIGNER /WBMSTR 5289 CONF $27.51 $28.89 $30.33 $31.85 $33.44 $2,201.15 $2,311.21 $2,426.60 $2,548.11 $2,675.51 FA INFO SECURITY PROGRAM MGR 5453 MMUC $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 FA LECC IT MANAGER 5440 MMUC $40.42 $42.44 $44.56 $46.79 $49.13 $3,233.24 $3,394.91 $3,564.65 $3,742.88 $3,930.03 FA MANAGEMENT ASSISTANT 5278 CONF $24.80 $26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.83 $2,411.68 FA MICROCOMPUTER SPECIALIST 5443 PRUC $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 FA NTWRK ADMINISTRATOR 1 5292 PRUC $33.07 $34.72 $36.46 $38.28 $40.20 $2,645.62 $2,777.90 $2,916.79 $3,062.63 $3,215.77 FA NTWRK ADMINISTRATOR 11 5294 PRUC $36.38 $38.20 $40.11 $42.11 $44.22 $2,910.18 $3,055.68 $3,208.47 $3,368.90 $3,537.34 FA PROGRAM ANALYST 5444 PRUC $39.20 $41.16 $43.22 $45.38 $47.65 $3,136.28 $3,293.09 $3,457.75 $3,630.63 $3,812.17 FA PROGRAM ASSISTANT 5451 CONF $19.81 $20.80 $21.84 $22.93 $24.08 $1,584.92 $1,664.16 $1,747.37 $1,834.74 $1,926.48 FA PROGRAM MANAGER 5445 SM $44.20 $46.41 $48.73 $51.17 $53.72 $3,535.87 $3,712.66 $3,898.29 $4,093.21 $4,297.87 FA PUBLIC SAFETY ANALYST 5265 CONF $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.67 $2,457.69 $2,580.59 $2,709.61 $2,845.09 FA RCFL NETWRK ENGINEER 5284 CONF $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.36 $2,682.08 $2,816.19 $2,957.00 $3,104.85 FA SR PUBLIC SAFETY ANALYST 5414 PRUC $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.25 $2,717.65 $2,853.54 $2,996.22 $3,146.02 FA SR SECRETARY 5477 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.96 $1,797.56 $1,887.43 $1,981.80 FACILITIES MANAGER 6425 MM $40.16 $42.17 $44.28 $46.49 $48.82 $3,213.04 $3,373.69 $3,542.38 $3,719.50 $3,905.47 FACILITY & SUPPLY SPECIALIST 5648 CVEA $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.85 $1,979.09 FACILITY & SUPPLY SPEC (HRLY) 5646 UCHR $20.35 $21.37 $22.44 $23.56 $24.74 $1,628.20 $1,709.61 $1,795.09 $1,884.84 $1,979.09 FAMILY &YOUTH LITERACY COORD 7035 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 FIELD MAINTENANCE SPECIALIST 7471 CVEA $18.50 $19.43 $20.40 $21.42 $22.49 $1,480.18 $1,554.20 $1,631.90 $1,713.50 $1,799.18 FINANCE & PURCHASING MANAGER 3625 SM $53.62 - - - $64.70 $4,289.25 $5,175.98 FIRE APPARATUS MECH 6521 CVEA $28.33 $29.75 $31.23 $32.79 $34.43 $2,266.30 $2,379.62 $2,498.60 $2,623.53 $2,754.71 FIRE BATTALION CHIEF (112 HR) 5511 IAFF $33.87 $35.56 $37.34 $39.21 $41.17 $3,793.37 $3,983.04 $4,182.20 $4,391.30 $4,610.87 FIRE BATTALION CHIEF (80 HR) 5513 IAFF $47.42 $49.79 $52.28 $54.89 $57.64 $3,793.37 $3,983.04 $4,182.20 $4,391.30 $4,610.87 FIRE BATTALION CHIEF (INTERIM) 5540 IAFF $33.87 $35.56 $37.34 $39.21 $41.17 $3,793.37 $3,983.04 $4,182.20 1$4,391.30 $4,610.87 FIRE CAPTAIN (112 HR) 5583 IAFF $27.19 $28.55 $29.97 $31.47 $33.05 0$3,045.01 $3,197.26 $3,357.11 1$3,524.97 $3,701.22 Approved and adopted: Res2lej'p6347 Agenda Packet Page 27 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Approved and adopted: Res218j,p6347 Agenda Packet Page 28 Hourly Rate Bi- Weekly Rate 1U TITI 9: FIRE CAPTAIN (80 HR) PCN 5581 BARG IAFF Step A $38.06 Step B $39.97 Step C $41.96 Step D $44.06 Step E $46.27 Step A $3,045.01 Step B $3,197.26 Step C $3,357.11 Step D $3,524.97 Step E $3,701.22 FIRE CAPTAIN (INTERIM) 5580 IAFF $27.19 $28.55 $29.97 $31.47 $33.05 $3,045.01 $3,197.26 $3,357.11 $3,524.98 $3,701.23 FIRE CHIEF 5501 EXEC $71.43 $84.67 $86.83 $5,714.52 $6,773.65 $6,946.05 FIRE DIVISION CHIEF 5507 MMUC $54.27 $56.99 $59.84 $62.83 $65.97 $4,341.96 $4,559.06 $4,787.01 $5,026.37 $5,277.68 FIRE ENG (112 HR) 5603 IAFF $23.18 $24.34 $25.56 $26.83 $28.18 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.74 FIRE ENG (80 HR) 5601 IAFF $32.45 $34.08 $35.78 $37.57 $39.45 $2,596.24 $2,726.05 $2,862.36 $3,005.47 $3,155.74 FIRE ENGINEER (INTERIM) 5602 IAFF $23.18 $24.34 $25.56 $26.83 $28.18 $2,596.24 $2,726.06 $2,862.36 $3,005.47 $3,155.75 FIRE INSP /INVEST I 5530 IAFF $27.45 $28.82 $30.26 $31.77 $33.36 $2,195.72 $2,305.49 $2,420.77 $2,541.81 $2,668.90 FIRE INSP /INVEST II 5531 IAFF $30.19 $31.70 $33.29 $34.95 $36.70 $2,415.28 $2,536.04 $2,662.85 $2,795.98 $2,935.78 FIRE INSP /INVEST II HRLY 5532 UCHR $30.19 $31.70 $33.29 $34.95 $36.70 $2,415.28 $2,536.04 $2,662.84 $2,795.97 $2,935.78 FIRE PREV ENG /INVEST 5528 IAFF $36.41 $38.23 $40.15 $42.15 $44.26 $2,913.11 $3,058.77 $3,211.71 $3,372.30 $3,540.91 FIRE PREVENTION AIDE 5533 UCHR $13.43 $14.10 $14.80 $15.54 $16.32 $1,074.12 $1,127.82 $1,184.22 $1,243.43 $1,305.60 FIREFIGHTER (112 HR) 5623 IAFF $19.70 $20.69 $21.72 $22.81 $23.95 $2,206.53 $2,316.85 $2,432.70 $2,554.33 $2,682.05 FIREFIGHTER (80 HR) 5621 IAFF $27.58 $28.96 $30.41 $31.93 $33.53 $2,206.53 $2,316.85 $2,432.70 $2,554.33 $2,682.05 FIREFIGHTER /PARAMEDIC (112 HR) 5613 IAFF $22.66 $23.79 $24.98 $26.23 $27.54 $2,537.50 $2,664.38 $2,797.60 $2,937.49 $3,084.36 FIREFIGHTER /PARAMEDIC (80 HR) 5611 IAFF $31.72 $33.30 $34.97 $36.72 $38.55 $2,537.50 $2,664.38 $2,797.60 $2,937.49 $3,084.36 FISCAL& MANAGEMENT ANALYST 0216 PRCF $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.95 FISCAL& MGTANALYST(HOURL) 0218 UCHR $40.49 $42.51 $44.64 $46.87 $49.21 $3,238.94 $3,400.89 $3,570.93 $3,749.47 $3,936.94 FISCAL OFFICE SPEC (HOURLY) 0170 UCHR $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL OFFICE SPECIALIST 0169 CVEA $17.69 $18.57 $19.50 $20.47 $21.50 $1,414.84 $1,485.58 $1,559.86 $1,637.85 $1,719.74 FISCAL SERVICES ANALYST 3610 PROF $40.09 $42.09 $44.20 $46.41 $48.73 $3,207.18 $3,367.54 $3,535.92 $3,712.72 $3,898.35 FLEET INVENTORY CONTROL SPEC 6513 CVEA $23.41 $24.58 $25.80 $27.09 $28.45 $1,872.43 $1,966.05 $2,064.35 $2,167.57 $2,275.95 FLEET MANAGER 6501 MM $39.17 $41.13 $43.19 $45.35 $47.61 $3,133.79 $3,290.48 $3,455.00 $3,627.75 $3,809.14 FORENSICS SPECIALIST 5114 CVEA $28.05 $29.45 $30.92 $32.47 $34.09 $2,243.72 $2,355.91 $2,473.70 $2,597.39 $2,727.26 GARDENER (SEASONAL) 6629 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER I 6627 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 GARDENER II 6623 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 GIS MANAGER 3079 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,373.00 $3,541.64 $3,718.73 $3,904.66 GIS SPECIALIST 3081 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 $2,746.42 GIS SPECIALIST (HOURLY) 3092 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 GRAPHIC DESIGNER 2775 CVEA $25.02 $26.27 $27.58 $28.96 $30.41 $2,001.60 $2,101.68 $2,206.76 $2,317.10 $2,432.96 GYMNASTIC SPECIALIST 7543 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 HOUSING MANAGER 4093 SM 1$49.43 - - - $59.61 $3,954.52 $4,769.12 HOUSING REHAB SPEC 4791 CVEA $26.10 $27.41 $28.78 $30.22 $31.73 $2,088.11 $2,192.52 $2,302.14 $2,417.25 $2,538.11 HR ANALYST 3310 PRCF $29.09 $30.55 $32.07 $33.68 $35.36 $2,327.38 $2,443.74 $2,565.93 $2,694.23 $2,828.94 HR OPERATIONS MANAGER 3317 SM $45.47 - - - $55.27 $3,637.89 $4,421.88 HRTECHNICIAN 3315 CONF $22.47 $23.60 $24.78 $26.02 $27.32 $1,797.96 $1,887.86 $1,982.25 $2,081.36 $2,185.43 HUMAN SERVICE COORD 7551 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 HVACTECHNICIAN 6430 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.66 $2,318.04 $2,433.95 INFO TECH MANAGER 5104 SM $48.85 - - - $58.62 $3,908.30 - - $4,689.97 INFO TECH SUPPORT SPECIALIST 3014 PROF $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.82 $2,760.27 $2,898.28 $3,043.19 $3,195.35 INFORMATION SYS TECH 3041 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.73 $1,846.67 $1,939.00 $2,035.95 $2,137.75 INTERN I 0261 UCHR $9.25 $9.71 $10.20 $10.71 $11.25 $740.11 $777.12 $815.98 $856.77 $899.61 INTERN II 0263 UCHR $10.20 $10.71 $11.25 $11.81 $12.40 $815.99 $856.79 $899.62 $944.61 $991.84 INTERN III 0265 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 IT SUPPORT SPECIALIST (HOURLY) 3002 UCHR $32.86 $34.50 $36.23 $38.04 $39.94 $2,628.83 $2,760.26 $2,898.28 $3,043.19 $3,195.35 LANDSCAPE ARCHITECT 4480 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 LANDSCAPE INSPECTOR 6291 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 LANDSCAPE PLANNER I 4482 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.85 $2,369.70 $2,488.18 $2,612.59 $2,743.22 LANDSCAPE PLANNER II 4483 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,737.00 $2,873.85 $3,017.54 LATENT PRINT EXAMINER 5111 CVEA $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.77 $2,987.00 $3,136.35 LATENT PRINT EXAMINER HRLY 5112 UCHR $32.25 $33.87 $35.56 $37.34 $39.20 $2,580.29 $2,709.30 $2,844.76 $2,987.00 $3,136.35 LAW OFFICE MANAGER 2465 MMUC $29.93 $31.43 $33.00 $34.65 $36.38 $2,394.47 $2,514.19 $2,639.91 $2,771.91 $2,910.50 LEAD CUSTODIAN 6663 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 LEGALASSISTANT 0183 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 LIBRARIAN I 7075 CVEA $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.86 $2,205.91 LIBRARIAN I (HOURLY) 7076 UCHR $22.69 $23.82 $25.01 $26.26 $27.57 $1,814.80 $1,905.54 $2,000.82 $2,100.87 $2,205.91 LIBRARIAN II 7073 CVEA $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 1$2,426.50 LIBRARIAN II (HOURLY) 7074 UCHR $24.95 $26.20 $27.51 $28.89 $30.33 $1,996.29 $2,096.10 $2,200.91 $2,310.95 $2,426.50 LIBRARIAN III 7071 CVEA $27.45 $28.82 $30.26 $31.78 $33.36 $2,195.92 $2,305.71 $2,421.00 $2,542.05 $2,669.15 LIBRARYADMIN COORDINATOR 7018 PROF $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARY AIDE 1 7181 1 UCHR 1$10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 Approved and adopted: Res218j,p6347 Agenda Packet Page 28 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Approved and adopted: Res2lej'p6347 Agenda Packet Page 29 Hourly Rate Bi- Weekly Rate POSITION TI PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E LIBRARY ASSISTANT 7157 CVEA $16.32 $17.13 $17.99 $18.89 $19.83 $1,305.36 $1,370.63 $1,439.15 $1,511.11 $1,586.67 LIBRARY ASSOCIATE 7091 CVEA $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY ASSOCIATE (HOURLY) 7092 UCHR $20.62 $21.65 $22.74 $23.87 $25.07 $1,649.82 $1,732.31 $1,818.93 $1,909.88 $2,005.37 LIBRARY DIGITAL SERVICES MGR 7025 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LIBRARY OPERATIONS MANAGER 7029 MM $44.79 $47.02 $49.38 $51.84 $54.44 $3,582.80 $3,761.93 $3,950.03 $4,147.54 $4,354.91 LIBRARY TECHNICIAN 7121 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY TECHNICIAN (HOURLY) 7122 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 LIBRARY VISITOR ASSISTANT 7185 UCHR $13.25 $13.92 $14.61 $15.34 $16.11 $1,060.32 $1,113.34 $1,169.01 $1,227.46 $1,288.83 LIFEGUARD 1 7587 UCHR $13.82 $14.52 $15.24 $16.00 $16.80 $1,105.96 $1,161.26 $1,219.33 $1,280.29 $1,344.31 LIFEGUARD 11 7585 UCHR $15.21 $15.97 $16.77 $17.60 $18.48 $1,216.59 $1,277.42 $1,341.29 $1,408.36 $1,478.77 LITERACY & PROGRAMMING COORD 7034 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 LITERACY TEAM COORD 7036 PROF $30.35 $31.86 $33.46 $35.13 $36.89 $2,427.78 $2,549.16 $2,676.62 $2,810.45 $2,950.98 LOCKSMITH 6443 CVEA $23.84 $25.03 $26.28 $27.60 $28.98 $1,907.05 $2,002.41 $2,102.53 $2,207.65 $2,318.03 MAINTENANCE WORKER 1 6377 CVEA $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.05 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER I (HRLY) 6379 UCHR $17.31 $18.18 $19.09 $20.04 $21.04 $1,385.04 $1,454.30 $1,527.01 $1,603.36 $1,683.53 MAINTENANCE WORKER 11 6373 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 MAINTENANCE WORKER 11 HRLY 6381 UCHR $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.55 $1,599.74 $1,679.72 $1,763.70 $1,851.89 MANAGEMENT ANALYST 0225 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.68 $2,457.72 $2,580.60 $2,709.63 $2,845.12 MARKTNG & COMMUNICATIONS MGR 2781 SM $52.07 - $53.54 - $63.30 $4,165.96 $4,283.46 $5,063.75 MAYOR 2001 MY - - - - $58.58 $4,686.25 MECHANIC ASSISTANT 6550 CVEA $19.02 $19.97 $20.97 $22.02 $23.12 $1,521.83 $1,597.92 $1,677.82 $1,761.71 $1,849.79 MUSEUM ATTENDANT 7215 UCHR 1$10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.11 $1,013.36 $1,064.02 OFFICE SPECIALIST 0161 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.83 OFFICE SPECIALIST (HOURLY) 0160 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST (MYR / @WILL) 0162 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OFFICE SPECIALIST (MYR /AW /HR) 0156 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.47 $1,414.84 $1,485.58 $1,559.86 $1,637.82 OPEN SPACE COORD 6301 MM $32.61 $34.24 $35.95 $37.75 $39.64 $2,608.80 $2,739.24 $2,876.20 $3,020.01 $3,171.02 OPEN SPACE INSPECTOR 6311 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 OPEN SPACE MANAGER 6302 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 OPS &TELECOM MGR 3025 MM $40.15 $42.16 $44.27 $46.48 $48.81 $3,212.37 $3,372.99 $3,541.64 $3,718.72 $3,904.66 PAINTER 6434 CVEA $22.75 $23.89 $25.09 $26.34 $27.66 $1,820.37 $1,911.39 $2,006.96 $2,107.31 $2,212.68 PARK RANGER 7434 UCHR $13.25 $13.91 $14.61 $15.34 $16.10 $1,059.90 $1,112.89 $1,168.53 $1,226.96 $1,288.31 PARK RANGER SUPERVISOR 7441 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.07 $2,438.31 $2,560.22 $2,688.23 $2,822.64 PARKING CONTROL OFFICER 5151 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING ENFORCEMENT OFFICER 5154 CVEA $17.02 $17.87 $18.77 $19.71 $20.69 $1,361.89 $1,429.98 $1,501.48 $1,576.55 $1,655.38 PARKING METER TECH (HOURLY) 3694 UCHR $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.21 $1,820.92 PARKING METER TECHNICIAN 3693 CVEA $18.73 $19.66 $20.65 $21.68 $22.76 $1,498.08 $1,572.98 $1,651.62 $1,734.20 $1,820.92 PARKS MANAGER 6604 MM $35.26 $37.03 $38.88 $40.82 $42.86 $2,820.97 $2,962.02 $3,110.11 $3,265.62 $3,428.90 PARKS OPERATIONS MANAGER 6610 MM $44.53 $46.76 $49.10 $51.55 $54.13 $3,562.60 $3,740.73 $3,927.77 $4,124.15 $4,330.36 PARKS SUPERVISOR 6605 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 PEACE OFFICER 5061 POA $33.30 $34.97 $36.71 $38.55 $40.48 $2,664.11 $2,797.32 $2,937.19 $3,084.04 $3,238.25 PERFORMANCE & ORG DEV MGR 2758 SM $49.68 - - - $59.61 $3,974.30 $4,769.12 PERMITS PROCESSING SUPERVISOR 4719 MM $32.99 $34.64 $36.37 $38.19 $40.10 $2,639.43 $2,771.41 $2,909.98 $3,055.48 $3,208.25 PLAN CHECK SUPERVISOR 4731 MM $43.85 $46.05 $48.35 $50.77 $53.31 $3,508.37 $3,683.79 $3,867.98 $4,061.38 $4,264.45 PLANNING MANAGER 4727 SM $51.31 - - - $61.90 $4,105.18 $4,952.25 PLANNING TECHNICIAN 4527 CVEA $21.47 $22.54 $23.67 $24.85 $26.10 $1,717.58 $1,803.45 $1,893.63 $1,988.31 $2,087.72 PLUMBER 6432 CVEA $25.03 $26.28 $27.60 $28.98 $30.42 $2,002.41 $2,102.53 $2,207.65 $2,318.03 $2,433.94 POLICE ADMIN SVCS ADMINISTRATO 5025 SM $50.24 - - - $61.07 $4,019.29 $4,885.47 POLICE AGENT 5051 POA $36.67 $38.50 $40.43 $42.45 $44.57 $2,933.62 $3,080.30 $3,234.32 $3,396.03 $3,565.83 POLICE CADET 5427 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 POLICE CAPTAIN 5022 SM $61.93 - - $75.27 $4,954.10 - - - $6,021.74 POLICE COMM REL SPECIALIST 5258 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 POLICE COMM SYSTEMS MANAGER 5185 MM $39.76 $41.75 $43.83 $46.02 $48.33 $3,180.63 $3,339.65 $3,506.64 $3,681.96 $3,866.07 POLICE DATA SPECIALIST 0163 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE DISPATCHER 5181 CVEA $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.36 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER (HOURLY) 5180 UCHR $25.28 $26.54 $27.87 $29.26 $30.73 $2,022.25 $2,123.37 $2,229.53 $2,341.01 $2,458.06 POLICE DISPATCHER SUPERVISOR 5183 CVEA $29.07 $30.52 $32.05 $33.65 $35.33 $2,325.59 $2,441.86 $2,563.96 $2,692.16 $2,826.76 POLICE DISPATCHER TRAINEE 5179 CVEA $22.98 $24.13 $25.34 $26.60 $27.93 $1,838.41 $1,930.33 $2,026.84 $2,128.19 $2,234.60 POLICE LIEUTENANT 5031 POA $50.62 $53.15 $55.81 $58.60 $61.53 $4,049.76 $4,252.24 $4,464.85 $4,688.10 $4,922.51 POLICE REC & SUPPORT SUPV 5203 CVEA $22.28 $23.39 $24.56 $25.79 $27.08 $1,782.02 $1,871.12 $1,964.67 $2,062.91 $2,166.06 POLICE REC TRANSCRIPT (HRLY) 0168 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS SPEC (HOURLY) 0166 UCHR $16.84 $17.69 $18.57 $19.50 $20.47 0$1,347.46 1 $1,414.84 1 $1,485.58 1$1,559.86 $1,637.85 Approved and adopted: Res2lej'p6347 Agenda Packet Page 29 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Approved and adopted: Res210j'p6347 Agenda Packet Page 30 Hourly Rate Bi- Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E POLICE RECORDS SPECIALIST 0165 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECORDS TRANSCRIPTION 0167 CVEA $16.84 $17.69 $18.57 $19.50 $20.47 $1,347.46 $1,414.84 $1,485.58 $1,559.86 $1,637.85 POLICE RECRUIT 5071 CVEA $24.79 $26.03 - - - $1,983.34 $2,082.51 POLICE SERGEANT 5041 POA $42.18 $44.29 $46.51 $48.83 $51.27 $3,374.54 $3,543.27 $3,720.43 $3,906.45 $4,101.78 POLICE SERVICES OFF (HOURLY) 5133 UCHR $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.67 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES OFFICER 5131 CVEA $22.66 $23.79 $24.98 $26.23 $27.54 $1,812.66 $1,903.30 $1,998.46 $2,098.38 $2,203.31 POLICE SERVICES TECHNICIAN 5415 CVEA $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE SUPPORT SERVICES MGR 5205 MM $33.66 $35.35 $37.11 $38.97 $40.92 $2,692.98 $2,827.63 $2,969.01 $3,117.46 $3,273.33 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $26.06 $27.37 $28.73 $30.16 $31.67 $2,084.56 $2,189.83 $2,298.22 $2,413.14 $2,533.79 POLICE SVCS TECH (HOURLY) 5416 UCHR $21.62 $22.70 $23.83 $25.02 $26.28 $1,729.36 $1,815.82 $1,906.61 $2,001.95 $2,102.04 POLICE TECHNOLOGY SPECIALIST 5107 CVEA $34.17 $35.88 $37.68 $39.56 $41.54 $2,733.98 $2,870.67 $3,014.20 $3,164.93 $3,323.17 POLICE TRAINING & DEV SUPV 5264 PROF $33.13 $34.78 $36.52 $38.35 $40.27 $2,650.24 $2,782.75 $2,921.90 $3,067.99 $3,221.39 POLICYAIDE 2013 PRUC $23.66 $24.84 $26.08 $27.39 $28.76 $1,892.59 $1,987.22 $2,086.56 $2,190.91 $2,300.45 PRINCIPAL CIVIL ENGINEER 6021 MM $47.93 $50.33 $52.85 $55.49 $58.26 $3,834.56 $4,026.29 $4,227.60 $4,438.98 $4,660.94 PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL HR ANALYST 3306 PRCF $36.80 $38.64 $40.57 $42.60 $44.73 $2,944.14 $3,091.35 $3,245.92 $3,408.21 $3,578.63 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $42.72 $44.86 $47.10 $49.46 $51.93 $3,417.89 $3,588.78 $3,768.22 $3,956.63 $4,154.46 PRINCIPAL LIBRARIAN 7051 MM $34.91 $36.65 $38.48 $40.41 $42.43 $2,792.40 $2,932.02 $3,078.62 $3,232.55 $3,394.18 PRINCIPAL MANAGEMENT ANALYST 0208 PROF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGMT ANALYST (CONF) 0214 PRCF $37.16 $39.02 $40.97 $43.02 $45.17 $2,973.00 $3,121.66 $3,277.74 $3,441.62 $3,613.71 PRINCIPAL MGT ANALYST (HOURLY) 0200 UCHR $36.05 $38.26 $40.18 $42.18 $44.29 $2,883.75 $3,061.04 $3,214.09 $3,374.79 $3,543.54 PRINCIPAL PLANNER 4431 MM $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL PROJECT COORDINATOR 4212 PROF $42.97 $45.12 $47.37 $49.74 $52.23 $3,437.36 $3,609.23 $3,789.69 $3,979.17 $4,178.13 PRINCIPAL RECREATION MANAGER 7410 MM $36.23 $38.04 $39.95 $41.94 $44.04 $2,898.54 $3,043.46 $3,195.64 $3,355.42 $3,523.19 PRINCIPAL REVENUE ANALYST 3608 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PROCUREMENT SPECIALIST 3721 CVEA $26.56 $27.89 $29.28 $30.75 $32.29 $2,124.87 $2,231.12 $2,342.67 $2,459.81 $2,582.80 PROGRAMMER ANALYST 3090 PROF $32.53 $34.16 $35.87 $37.66 $39.54 $2,602.54 $2,732.67 $2,869.30 $3,012.76 $3,163.40 PROJECT COORDINATOR 1 4217 CVEA $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.21 PROJECT COORDINATOR I (HRLY) 4218 UCHR $28.21 $29.62 $31.10 $32.66 $34.29 $2,256.86 $2,369.69 $2,488.18 $2,612.58 $2,743.22 PROJECT COORDINATOR 11 4215 CVEA $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PROJECT COORDINATOR 11 (HRLY) 4216 UCHR $31.03 $32.58 $34.21 $35.92 $37.72 $2,482.54 $2,606.66 $2,736.99 $2,873.85 $3,017.54 PUB WORKS SPECIALIST 6712 CVEA $21.78 $22.86 $24.01 $25.21 $26.47 $1,742.01 $1,829.11 $1,920.56 $2,016.59 $2,117.42 PUBLIC INFO OFFICER (HRLY) 5032 UCHR $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 PUBLIC INFO OFFICER (PD) 5034 PROF $35.72 $37.50 $39.38 $41.35 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.60 $3,472.98 PUBLIC INFORMATION SPECIALIST 2782 CONF $23.89 $25.09 $26.34 $27.66 $29.04 $1,911.33 $2,006.89 $2,107.24 $2,212.60 $2,323.23 PUBLIC SAFETY ANALYST 5254 CVEA $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC SAFETY ANALYST (HRLY) 5256 UCHR $29.26 $30.72 $32.26 $33.87 $35.56 $2,340.69 $2,457.72 $2,580.61 $2,709.64 $2,845.12 PUBLIC WORKS COORDINATOR 6324 PROF $32.48 $34.10 $35.81 $37.60 $39.48 $2,598.44 $2,728.36 $2,864.78 $3,008.02 $3,158.42 PUBLIC WORKS INSP 1 6123 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.43 $2,294.70 $2,409.44 $2,529.91 $2,656.41 PUBLIC WORKS INSP 11 6121 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 PUBLIC WORKS MANAGER 6336 MM $35.96 $37.76 $39.65 $41.63 $43.71 $2,876.83 $3,020.67 $3,171.70 $3,330.29 $3,496.80 PUBLIC WORKS SUPERVISOR 6337 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 1$2,822.65 PUMP MAINTTECHNICIAN 6396 CVEA $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.87 $2,083.06 $2,187.22 $2,296.58 $2,411.41 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $29.06 $30.51 $32.04 $33.64 $35.32 $2,324.89 $2,441.14 $2,563.20 $2,691.35 $2,825.92 PURCHASING AGENT 3711 SM $45.47 - - - $55.27 $3,637.89 $4,421.88 RANGE MASTER 5417 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RANGE MASTER (HOURLY) 5418 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 RCFL NETWORK ENGINEER 5450 UCHR $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 $2,956.99 $3,104.84 REAL PROPERTY MANAGER 6037 MMUC $41.68 $43.76 $45.95 $48.25 $50.66 $3,334.40 $3,501.12 $3,676.17 $3,859.98 $4,052.98 RECAIDE 7605 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 REC SPECIALIST 7601 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 REC SUPERVISOR I (HOURLY) 7426 UCHR $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.90 $1,928.74 $2,025.18 $2,126.44 RECORDS MANAGER 2211 MM $30.95 $32.50 $34.13 $35.83 $37.62 $2,476.26 $2,600.08 $2,730.09 $2,866.59 $3,009.92 RECORDS SPECIALIST 2217 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.22 $1,556.33 $1,634.14 $1,715.85 $1,801.64 RECREATION LEADER 1 7609 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.08 $1,013.36 $1,064.02 RECREATION LEADER 11 7607 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 RECREATION SUPERVISOR 1 7425 CVEA $21.87 $22.96 $24.11 $25.31 $26.58 $1,749.42 $1,836.89 $1,928.74 $2,025.18 $2,126.43 RECREATION SUPERVISOR 11 7423 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 $2,020.58 $2,121.61 $2,227.69 $2,339.08 RECREATION SUPERVISOR 111 7422 CVEA $27.66 $29.05 $30.50 $32.02 $33.62 $2,213.02 $2,323.67 $2,439.87 $2,561.86 $2,689.95 RECYCLING SPECIALIST 1 2742 CVEA $21.57 $22.65 $23.78 $24.97 $26.22 $1,725.70 $1,811.99 $1,902.59 $1,997.72 $2,097.61 RECYCLING SPECIALIST 11 2744 1 CVEA 1$23.73 $24.91 $26.16 $27.47 $28.84 $1,898.28 $1,993.19 $2,092.86 $2,197.50 $2,307.38 REDEVELOPMENT MANAGER 4045 SM $46.78 - - $56.86 $3,742.50 $4,549.02 Approved and adopted: Res210j'p6347 Agenda Packet Page 30 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Approved and adopted: Res2lej,p6347 Agenda Packet Page 31 Hourly Rate Bi- Weekly Rate REDEVLP COORDINATOR PCN 4042 BARG PROF Step A $44.86 Step B $47.10 Step C $49.46 Step D $51.93 Step E $54.53 Step A $3,588.78 Step B $3,768.22 Step C $3,956.63 Step D $4,154.47 Step E $4,362.19 REGISTEREDVETTECH(HOURLY) 5312 UCHR $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.27 $1,816.79 $1,907.63 $2,003.01 REGISTERED VETERINARY TECH 5307 CVEA $20.60 $21.63 $22.71 $23.85 $25.04 $1,647.88 $1,730.28 $1,816.79 $1,907.63 $2,003.01 RESERVE OFFICER 5081 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.85 $1,255.53 $0.00 $0.00 RISK MANAGEMENT SPECIALIST 3386 PROF $28.81 $30.25 $31.76 $33.35 $35.02 $2,304.56 $2,419.78 $2,540.78 $2,667.82 $2,801.21 RISK MANAGER 3361 SM $45.93 - - - $55.83 $3,674.27 - - - $4,466.10 SCHOOL CROSSING GUARD 5143 UCHR $10.05 $10.55 $11.08 $11.64 $12.22 $804.19 $844.39 $886.62 $930.94 $977.49 SEASONAL ASSISTANT 0231 UCHR $9.55 $10.03 $10.53 $11.06 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 SECRETARY 0171 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SECRETARY (HOURLY) 0152 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SIGNAL SYSTEMS ENGINEER 1 6169 CVEA $31.41 $32.98 $34.63 $36.36 $38.17 $2,512.48 $2,638.11 $2,770.01 $2,908.52 $3,053.94 SIGNAL SYSTEMS ENGINEER 11 6170 CVEA $34.55 $36.27 $38.09 $39.99 $41.99 $2,763.74 $2,901.92 $3,047.02 $3,199.37 $3,359.33 SIGNING &STRIPING SUPERVISOR 6355 CVEA $29.03 $30.48 $32.00 $33.60 $35.28 $2,322.20 $2,438.31 $2,560.22 $2,688.23 $2,822.65 SPECIAL EVENTS COORDINATOR 2799 PRUC $35.72 $37.50 $39.38 $41.34 $43.41 $2,857.23 $3,000.09 $3,150.09 $3,307.59 $3,472.98 SPECIAL PLANNING PROJ MGR 4101 SM $42.88 - - $52.13 $3,430.78 - - $4,170.14 SR ACCOUNTANT 3630 MMCF $38.07 $39.97 $41.97 $44.07 $46.27 $3,045.44 $3,197.71 1$3,357.60 $3,525.48 $3,701.75 SR ACCOUNTING ASST 3651 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR ADMINISTRATIVE SECRETARY 0145 CONF $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ADMINISTRATIVE SECRETARY 0185 CVEA $26.02 $27.32 $28.69 $30.13 $31.63 $2,081.85 $2,185.94 $2,295.24 $2,410.00 $2,530.50 SR ANIMAL CARE SPECIALIST 5345 CVEA $19.74 $20.73 $21.76 $22.85 $23.99 $1,579.22 $1,658.18 $1,741.09 $1,828.14 $1,919.54 SR APPLICATIONS SUPPORT SPEC 3089 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR ASST CITY ATTORNEY 2403 EXEC $71.43 - - - $86.83 $5,714.52 - - $6,946.05 SR BUILDING INSPECTOR 4781 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.93 $3,200.33 $3,360.35 SR BUSINESS LICENSE REP 4507 CVEA $22.02 $23.12 $24.27 $25.49 $26.76 $1,761.22 $1,849.29 $1,941.75 $2,038.84 $2,140.78 SR CIVIL ENGINEER 6019 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.17 $3,823.23 $4,014.39 $4,215.10 SR CODE ENF OFF (HOURLY) 4764 UCHR $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.45 $2,773.54 $2,912.21 $3,057.82 $3,210.71 SR CODE ENFORCEMENT OFF 4763 CVEA $33.02 $34.67 $36.40 $38.22 $40.13 $2,641.46 $2,773.53 $2,912.21 $3,057.82 $3,210.71 SR COUNCIL ASST 2027 CONF $16.05 $16.86 $17.70 $18.58 $19.51 $1,284.24 $1,348.45 $1,415.87 $1,486.67 $1,561.00 SR COUNCIL ASST 2025 UCHR $25.45 $26.73 $28.06 $29.47 $30.94 $2,036.31 $2,138.13 $2,245.03 $2,357.28 $2,475.15 SR DEPUTY CITY CLERK 2208 PRUC $30.93 $32.47 $34.10 $35.80 $37.59 $2,474.12 $2,597.83 $2,727.72 $2,864.10 $3,007.31 SR ECONOMIC DEV SPEC 2725 PROF $28.24 $29.66 $31.14 $32.69 $34.33 $2,259.44 $2,372.42 $2,491.04 $2,615.59 $2,746.37 SR ELECTRICIAN 6442 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR ENGINEERING TECHNICIAN 6059 CVEA $30.05 $31.55 $33.13 $34.79 $36.53 $2,403.97 $2,524.17 $2,650.38 $2,782.90 $2,922.05 SR EQUIPMENT MAINTENANCE SUPV 6503 MM $31.06 $32.61 $34.24 $35.95 $37.75 $2,484.57 $2,608.80 $2,739.24 $2,876.20 $3,020.01 SR EQUIPMENT MECHANIC 6512 CVEA $27.16 $28.52 $29.95 $31.44 $33.02 $2,173.00 $2,281.66 $2,395.74 $2,515.52 $2,641.30 SR EVIDENCE CONTROL ASST 5119 CVEA $21.53 $22.61 $23.74 $24.93 $26.18 $1,722.79 $1,808.93 $1,899.37 $1,994.35 $2,094.06 SR FIRE INSP /INVEST 5529 IAFF $35.07 $36.82 $38.67 $40.60 $42.63 $2,805.62 $2,945.91 $3,093.20 $3,247.86 $3,410.26 SR FISCAL OFFICE SPECIALIST 0141 CONF $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR FISCAL OFFICE SPECIALIST 0175 CVEA $19.45 $20.43 $21.45 $22.52 $23.65 $1,556.32 $1,634.14 $1,715.85 $1,801.64 $1,891.72 SR GARDENER 6621 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR GIS SPECIALIST 3080 CVEA $31.07 $32.62 $34.25 $35.97 $37.76 $2,485.44 $2,609.71 $2,740.19 $2,877.20 $3,021.06 SR GRAPHIC DESIGNER 2764 PROF $32.36 $33.98 $35.68 $37.46 $39.34 $2,588.92 $2,718.37 $2,854.28 $2,997.00 $3,146.84 SR HR ANALYST 3308 PRCF 1$33.46 $35.13 $36.89 $38.73 $40.67 $2,676.48 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $25.85 $27.14 $28.50 $29.92 $31.42 $2,067.88 $2,171.28 $2,279.83 $2,393.84 $2,513.52 SR HVAC TECHNICIAN 6441 CVEA $28.78 $30.22 $31.74 $33.32 $34.99 $2,302.77 $2,417.91 $2,538.81 $2,665.75 $2,799.03 SR INFO TECH SUPPORT SPEC 3012 PROF $36.15 $37.95 $39.85 $41.84 $43.94 $2,891.71 $3,036.30 $3,188.11 $3,347.52 $3,514.89 SR LAND SURVEYOR 6285 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 SR LANDSCAPE INSPECTOR 6295 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR LEGAL ASSISTANT 2463 CONF $26.28 $27.59 $28.97 $30.42 $31.94 $2,102.46 $2,207.59 $2,317.97 $2,433.86 $2,555.56 SR LIBRARIAN 7053 MM $30.35 $31.87 $33.46 $35.14 $36.89 $2,428.18 $2,549.59 $2,677.07 $2,810.92 $2,951.47 SR LIFEGUARD 7589 UCHR $16.72 $17.55 $18.43 $19.35 $20.32 $1,337.40 $1,404.27 $1,474.48 $1,548.21 $1,625.62 SR MAINTENANCE WORKER 6371 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 SR MANAGEMENT ANALYST 0206 PROF $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.86 $2,979.76 $3,128.74 $3,285.18 SR MANAGEMENT ANALYST (HOURLY) 0210 UCHR $33.78 $35.47 $37.25 $39.11 $41.06 $2,702.72 $2,837.85 $2,979.76 $3,128.74 $3,285.18 SR OFFICE SPECIALIST 0173 CVEA $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OFFICE SPECIALIST (HOURLY) 0174 UCHR $18.53 $19.45 $20.43 $21.45 $22.52 $1,482.21 $1,556.32 $1,634.14 $1,715.85 $1,801.64 SR OPEN SPACE INSPECTOR 6309 CVEA $31.42 $32.99 $34.64 $36.37 $38.19 $2,513.25 $2,638.91 $2,770.86 $2,909.40 $3,054.87 SR PARK RANGER 7439 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.46 $2,222.27 SR PLAN CHECK ENGINEER 4746 1 WCE $41.46 $43.54 $45.71 $48.00 $50.40 $3,317.01 $3,482.86 $3,657.00 $3,839.85 $4,031.84 SR PLANNER 4432 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.46 $3,007.69 $3,158.07 $3,315.98 $3,481.77 SR PLANNING TECHNICIAN 4529 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 E $1,975.21 $2,073.97 $2,177.67 $2,286.55 $2,400.88 SR POLICE DATA SPECIALIST 0164 CVEA 1$19.37 $20.34 $21.36 $22.42 $23.54 E$1,549.59 $1,627.07 $1,708.42 $1,793.84 $1,883.54 Approved and adopted: Res2lej,p6347 Agenda Packet Page 31 Fiscal Year 2014 -2015 Compensation Schedule CITY OF `CHUTAVI$TA Effective June 27, 2014 Revised: July 25, 2014 August 8, 2014 November 4, 2014 November 18, 2014 December 2, 2014 December 16, 2014 March 3, 2015 Approved and adopted: Res2lej,p6347 Agenda Packet Page 32 Hourly Rate Bi- Weekly Rate OSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E SR POLICE TECHNOLOGY SPEC 5109 CVEA $39.30 $41.27 $43.33 $45.50 $47.77 $3,144.08 $3,301.28 $3,466.35 $3,639.67 $3,821.65 SR PROCUREMENT SPECIALIST 3728 PROF $29.37 $30.84 $32.38 $34.00 $35.70 $2,349.62 $2,467.10 $2,590.46 $2,719.98 $2,855.98 SR PROGRAMMER ANALYST 3091 PROF $36.50 $38.33 $40.25 $42.26 $44.37 $2,920.34 $3,066.36 $3,219.68 $3,380.66 $3,549.69 SR PROJECT COORDINATOR 4214 PROF $35.81 $37.60 $39.48 $41.45 $43.52 $2,864.47 1$2,676.48 $3,007.69 $3,158.07 $3,315.97 $3,481.78 SR PUBLIC SAFETY ANALYST 5260 PROF $32.35 $33.97 $35.67 $37.45 $39.33 $2,588.26 $2,717.67 $2,853.56 $2,996.23 $3,146.05 SR PUBLIC WORKS INSP 6101 CVEA $34.56 $36.29 $38.10 $40.00 $42.00 $2,764.57 $2,902.80 $3,047.94 $3,200.33 $3,360.35 SR PUBLIC WORKS SPECIALIST 6702 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SR RECORDS SPECIALIST 2215 CVEA $21.31 $22.37 $23.49 $24.67 $25.90 $1,704.54 $1,789.77 $1,879.26 $1,973.23 $2,071.89 SR RECREATION MGR 7421 MM $31.20 $32.76 $34.39 $36.11 $37.92 $2,495.76 $2,620.54 $2,751.57 $2,889.15 $3,033.61 SR RISK MANAGEMENT SPECIALIST 3385 PROF $33.46 $35.13 $36.89 $38.73 $40.67 $2,810.30 $2,950.83 $3,098.37 $3,253.28 SR SECRETARY 0139 CONF $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY 0177 CVEA $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.43 $1,711.95 $1,797.55 $1,887.43 $1,981.80 SR SECRETARY (HOURLY) 0178 UCHR $20.38 $21.40 $22.47 $23.59 $24.77 $1,630.44 $1,711.96 $1,797.55 $1,887.43 $1,981.80 SRTREETRIMMER 6573 CVEA $25.14 $26.40 $27.72 $29.10 $30.56 $2,011.09 $2,111.64 $2,217.22 $2,328.09 $2,444.49 STOREKEEPER 3734 CVEA $19.04 $20.00 $21.00 $22.05 $23.15 $1,523.56 $1,599.73 $1,679.72 $1,763.71 $1,851.89 STOREKEEPER SUPERVISOR 3732 CVEA $22.85 $24.00 $25.20 $26.46 $27.78 $1,828.27 $1,919.68 $2,015.67 $2,116.45 $2,222.28 STORMWTR COMPLNCE INSP I 6127 CVEA $24.83 $26.08 $27.38 $28.75 $30.19 $1,986.75 $2,086.09 $2,190.39 $2,299.91 $2,414.91 STORMWTR COMPLNCE INSP II 6125 CVEA $27.32 $28.68 $30.12 $31.62 $33.21 $2,185.44 $2,294.70 $2,409.44 $2,529.91 $2,656.41 SURVEY TECHNICIAN I 6151 CVEA $23.75 $24.94 $26.19 $27.50 $28.87 $1,900.37 $1,995.39 $2,095.16 $2,199.92 $2,309.91 SURVEY TECHNICIAN II 6141 CVEA $26.13 $27.44 $28.81 $30.25 $31.76 $2,090.41 $2,194.93 $2,304.68 $2,419.91 $2,540.91 SYSTEMS /DATABASEADMINISTRATR 3015 PROF $36.14 $37.95 $39.85 $41.84 $43.93 $2,891.47 $3,036.05 $3,187.85 $3,347.24 $3,514.60 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.74 $1,846.66 $1,939.00 $2,035.95 $2,137.75 TINYTOTAIDE 7503 UCHR $12.58 $13.21 $13.87 $14.56 $15.29 $1,006.13 $1,056.44 $1,109.27 $1,164.73 $1,222.97 TINY TOT SPECIALIST 7505 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 TRAFFIC DEVICES TECH 6177 CVEA $27.53 $28.91 $30.36 $31.87 $33.47 $2,202.69 $2,312.83 $2,428.47 $2,549.89 $2,677.39 TRAFFIC DEVICES TECH SUPV 6175 CVEA $31.66 $33.25 $34.91 $36.65 $38.49 $2,533.10 $2,659.75 $2,792.74 $2,932.38 $3,079.00 TRAFFIC ENGINEER 6024 PROF $37.37 $39.24 $41.20 $43.26 $45.42 $2,989.46 $3,138.93 $3,295.88 $3,460.68 $3,633.71 TRAFFIC OFFICER (HOURLY) 5293 UCHR $14.24 $14.95 $15.69 $0.00 $0.00 $1,139.42 $1,195.84 $1,255.53 $0.00 $0.00 TRAINING PROGRAM SPEC (HRLY) 5250 UCHR $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.84 $2,035.78 $2,137.56 TRAINING PROGRAMS SPECIALIST 5262 CVEA $21.98 $23.08 $24.24 $25.45 $26.72 $1,758.57 $1,846.51 $1,938.83 $2,035.78 $2,137.56 TRANS ENGINEER W /CERT 6031 WCE $43.35 $45.51 $47.79 $50.18 $52.69 $3,467.77 $3,641.16 $3,823.22 $4,014.38 $4,215.10 TRANS ENGINEER W/O CERT 6033 WCE $41.28 $43.35 $45.51 $47.79 $50.18 $3,302.64 $3,467.77 $3,641.16 $3,823.22 $4,014.38 TRANSIT MANAGER 6218 MMUC $44.79 $47.03 $49.39 $51.85 $54.45 $3,583.49 $3,762.67 $3,950.80 $4,148.34 $4,355.76 TRANSIT OPERATIONS COORD 6224 PROF $36.62 $38.45 $40.37 $42.39 $44.51 $2,929.22 $3,075.68 $3,229.46 $3,390.94 $3,560.48 TREASURY AND BUSINESS MANAGER 3611 SM $53.23 - - - $64.70 $4,258.29 $5,175.98 TREETRIMMER 6575 CVEA $20.95 $22.00 $23.10 $24.25 $25.46 $1,675.91 $1,759.70 $1,847.69 $1,940.07 $2,037.08 TREE TRIMMER SUPERVISOR 6572 CVEA $28.91 $30.36 $31.87 $33.47 $35.14 $2,312.76 $2,428.40 $2,549.82 $2,677.31 1$2,811.17 VETERINARIAN 5321 PROF $36.69 $38.52 $40.45 $42.47 $44.59 $2,934.87 $3,081.61 $3,235.69 $3,397.48 $3,567.37 VETERINARIAN (HOURLY) 5308 UCHR $45.85 $48.15 $50.56 $53.09 $55.74 $3,667.78 $3,852.02 $4,044.62 $4,246.85 $4,459.19 VETERINARIAN (PERMITTED) 5331 PROF $51.65 $54.24 $56.95 $59.80 $62.79 $4,132.31 $4,338.92 $4,555.87 $4,783.66 $5,022.84 VETERINARIAN - PERMITTED 5322 UCHR $64.84 $68.08 $71.48 $75.06 $78.81 $5,186.99 $5,446.34 $5,718.66 $6,004.59 $6,304.82 VETERINARY ASSISTANT 5325 CVEA $17.17 $18.02 $18.93 $19.87 $20.86 $1,373.23 $1,441.90 $1,514.00 $1,589.69 $1,669.18 VETERINARY ASSISTANT (HOURLY) 5323 UCHR $17.17 $18.02 $18.92 $19.87 $20.86 $1,373.24 $1,441.90 $1,513.99 $1,589.69 $1,669.18 VOLUNTEER COORD (DEPT) 7131 CVEA $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 VOLUNTEER COORD (DEPT)(HOURLY) 7132 UCHR $18.76 $19.70 $20.69 $21.72 $22.81 $1,501.17 $1,576.23 $1,655.04 $1,737.79 $1,824.68 WASTEWATER COLLECTIONS MGR 6334 MM $40.98 $43.03 $45.18 $47.44 $49.81 $3,278.51 $3,442.44 $3,614.56 $3,795.29 $3,985.05 WEBMASTER 2777 CVEA $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.46 $2,491.09 $2,615.64 1$2,746.42 WEBMASTER (HOURLY) 2790 UCHR $28.24 $29.66 $31.14 $32.70 $34.33 $2,259.49 $2,372.47 $2,491.09 $2,615.64 $2,746.42 YOUTH COORDINATOR 7481 CVEA $24.05 $25.26 $26.52 $27.85 $29.24 $1,924.37 1$2,020.58 1$2,121.61 $2,227.69 1$2,339.08 Revised: July 25, 2014 August 8, 2014 November 4, 2014 November 18, 2014 December 2, 2014 December 16, 2014 March 3, 2015 Approved and adopted: Res2lej,p6347 Agenda Packet Page 32 SECOND READING AND ADOPTION 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 AND PURCHASING MANAGER AND DELETE FINANCE MANAGER 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 I. 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, 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 Director of Finance, Assistant Director of Public Works, Assistant Director of Recreation, 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 of Staff, 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 and Purchasing Manager, Housing Manager, Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (Mayor's Office), Performance and Organizational Development Manager, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Risk Manager, Senior Council Assistant, Traffic Engineer, Transit Coordinator, Transit Manager, and Treasury and Business Manager_ 2015 -03 -17 Agenda Packet Page 33 Ordinance No. Page No. 2 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 Kelley K. Bacon Deputy City Manager Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 34 CITY OF CHULA VISTA File #: 15 -0089, Item #: 4. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY At its meeting of January 6, 2015, the City Council changed the time of regular City Council meetings from 2:00 p.m. to 4:00 p.m., with Special Orders of the Day and the Consent Calendar being heard at 4:00 p.m. and all other items being heard beginning at 6:00 p.m. At its meeting of February 17, 2015, the City Council directed staff to return with an item to change the time of regular City Council meetings from 4:00 p.m. to 5:00 p.m. and to remove the requirement for public comments and business items to begin at 6:00 p.m. This item is presented as a result of the City Council's direction. In order to streamline the process for any future changes in regular City Council meeting times, staff recommends an amendment to the Municipal Code to allow the start time of City Council meetings to be set by resolution (Attachment 1). Adoption of the proposed ordinance is required to make that amendment. Adoption of the ordinance requires a first and second reading, and will not take effect until 30 days after its adoption. Should the Council place the proposed ordinance on first reading, the second reading will be scheduled for March 17, 2015, and would therefore be effective April 16, 2015. Since setting the meeting time by resolution will not be possible until the ordinance is in effect, Resolution B sets the time of regular meetings to 5:00 p.m. beginning on April 16, 2015, or on the date the ordinance allowing City Council meeting times to be set by resolution becomes effective, whichever is later. Resolution C amends City Council policy no. 104 -01 to remove the requirement of hearing public comments and business items at 6:00 p.m. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only a change in City Council meeting times and therefore is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. City of Chula Vista 2015 -03 -17 Agenda Packet Page 1 of 2 Printed on 3/12/2015 powered by LegistarT" Page 35 File #: 15 -0089, Item #: 4. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not Applicable DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18704.2 (a)(1), is not applicable to this decision. Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from the proposed actions. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS 1. Proposed changes to Municipal Code section 2.04.020 Staff Contact: Donna Norris, City Clerk City of Chula Vista 2015 -03 -17 Agenda Packet Page 2 of 2 Printed on 3/12/2015 powered by LegistarT" Page 36 ATTACHMENT 1 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION WHEREAS, Chula Vista Charter section 306 requires meeting times to be fixed by ordinance or resolution; and WHEREAS, Chula Vista Municipal Code Section 2.04.020 currently establishes the time and place of Chula Vista City Council meetings; and WHEREAS, in order to simplify and streamline the process of updating the time of regular City Council meetings, the City Council desires meeting times to be fixed by resolution. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 2.04.020 is amended to read as follows: 2.04.020 Meetings — Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month. at fe r n'rInr_U On the .;f _QFR GR (440 n m ).. The time of Regular meetings shall be set by written Resolution of the City Council adopted at a Regular meeting of the City Council. Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year's. Any of these meetings may be reinstituted if necessary by a majority of the Council. J \Clerk'Muni Code'2.04.020Council Meeting Times'Redline Ordinance - 2- 04- 020.doc 2015 -03 -17 Agenda Packet Page 37 Ordinance Page 2 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Donna R. Norris City Clerk Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 38 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.04.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO TIME AND PLACE OF COUNCIL MEETINGS, ALLOWING THE TIME OF MEETINGS TO BE SET BY CITY COUNCIL RESOLUTION WHEREAS, Chula Vista Charter section 306 requires meeting times to be fixed by ordinance or resolution; and WHEREAS, Chula Vista Municipal Code Section 2.04.020 currently establishes the time and place of Chula Vista City Council meetings; and WHEREAS, in order to simplify and streamline the process of updating the time of regular City Council meetings, the City Council desires meeting times to be fixed by resolution. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Chula Vista Municipal Code section 2.04.020 is amended to read as follows: 2.04.020 Meetings — Time and place. Pursuant to Section 306 of the Charter, the Council shall hold regular meetings at least once each month. Such meetings shall be held in the Council chambers at 276 Fourth Avenue in the City, or in such other appropriate conference room within the Civic Center Complex, as may be determined by the Council. Regular meetings shall be held on the first, second, third, and fourth Tuesday of each month. The time of Regular meetings shall be set by written Resolution of the City Council adopted at a Regular meeting of the City Council. Regular meetings may be cancelled in special circumstances or as necessary, in the discretion of the City Manager, or by a majority vote of the Council. When the day for any regular meeting of the Council falls on a legal holiday, no meeting shall be held on such holiday. It shall be the general policy of the City Council to cancel any meetings in the last week of June and the first week of July, the Tuesday following the Thanksgiving holiday, the week following Easter, the Tuesday following Labor Day, and the week of Christmas and New Year's. Any of these meetings may be reinstituted if necessary by a majority of the Council. C: \Users,GRANIC—1 \AppData,Local \Temp \BCL Technologies \easyPDF 7\ @BCL @F005DCBE\ @BCL @F005DCBE.doc 2015 -03 -17 Agenda Packet Page 39 Ordinance Page 2 Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Donna R. Norris City Clerk Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 40 CITY OF CHULA VISTA File #: 15 -0092, Item #: 5. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406)," APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS (4/5 VOTE REQUIRED) (Continued from March 3, 2015) RECOMMENDED ACTION Council adopt the resolution. SUMMARY The San Diego Association of Governments (SANDAL) notified all local agencies that requests for third amendments to the 2014 Regional Transportation Improvement Program (RTIP) may be submitted beginning January 30, 2015. Signed resolutions supporting the request must be submitted to SANDAG by March 20, 2015. Staff recommends several adjustments to the TransNet allocations adopted as part of the 2014 RTIP in order to included proposed new projects in the City's Fiscal Year 2015 -16 Capital Improvement Program. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity, consisting of approval to submit a funding request for various TransNet Projects to SANDAL, 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. Thus, no environmental review is necessary at this time. Although environmental review is not necessary at this time, once the scope of the individual projects proposed to be funded have been more specifically defined, environmental review will be required for each project and the appropriate environmental determination will be made. BOARD /COMMISSION RECOMMENDATION Not applicable. DISCUSSION City of Chula Vista 2015 -03 -17 Agenda Packet Page 1 of 3 Printed on 3/12/2015 powered by LegistarT" Page 41 File #: 15 -0092, Item #: 5. Background On May 6, 2014, Council adopted the Chula Vista portion of the 2014 RTIP through adoption of Resolution 2014 -066 (Attachment 1). SANDAG provided the member agencies with the most recent version of the financial projection for Fiscal Years 2014 -15 through 2018 -19. This projection was used to plan the City's TransNet allocation program for the next five years. The 2014 RTIP was approved by the SANDAG Board of Directors on September 26, 2014. Council subsequently approved an amendment to the 2014 RTIP through adoption of Resolution No. 2014 -222 on November 18, 2014 (Attachment 2). The first amendment to the 2014 RTIP was approved by the SANDAG Transportation Committee on January 16, 2015. The proposed revision to the City's TransNet allocations is provided in the attached spreadsheet (Attachment 3). The amounts allocated for Fiscal Year 2014 -15 reflect the original 2014 RTIP, the changes made in the first amendment, as well as changes proposed in this amendment. For Fiscal Years 2015 -16 through 2018 -19, the estimated annual allocation reflects the TransNet revenue forecasts calculated as of January 30, 2015. Changes to Fiscal Years 2014 -15 and 2015 -16 This item originally included three resolutions regarding the RTIP Amendment that were proposed for adoption on March 3, 2015. A public hearing was conducted on that date and two of the resolutions were adopted by Council. Because the Third Avenue Phase 3 project required a 2 /3rds vote, it needed to be continued to the meeting of March 17, 2015. This project was originally established to cover the matching funds needed for Phase 2 of the project. Additional funds ($150,000 in Fiscal Year 2014 -15 and $150,000 in Fiscal Year 2015 -16) are needed to begin design of Phase 3 of this project, which is generally located between E Street and F Street. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of the City Council and found that property - related conflicts of interest exist, in that Mayor Mary Casillas Salas has property holdings within 500 feet of the boundaries of the properties which are the subject of this action and that project is related to new construction that may have a reasonably foreseeable financial effect on such property holding. Staff is not independently aware, nor has staff been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The TransNet Local Street Improvement Program supports the Strong and Secure Neighborhood strategy in the City's Strategic Plan. It provides funding for the maintenance and rehabilitation of public infrastructure, which is a key City function in providing a safe and efficient transportation system for residents, businesses and visitors. CURRENT YEAR FISCAL IMPACT Approval of this resolution will result in the establishment of a new CIP, STL406, and the appropriation of $150,000 in Fiscal Year 2014 -15 to STL -406. There are sufficient TransNet funds available for this appropriation. Changes that result in a fund allocation for Fiscal Year 2015 -16 will be approved as part of the Fiscal Year 2015 -16 Capital Improvement Program. There are sufficient funds available in current and projected TransNet allocations for the City of Chula Vista Page 2 of 3 Printed on 3/12/2015 powered by Leg 2015 -03 -17 Agenda Packet Page 42 File #: 15 -0092, Item #: 5. allocation in Fiscal Year 2015 -16. ONGOING FISCAL IMPACT Upon completion of the project, the improvements will require only routine City maintenance. Since the improvements are anticipated to increase the life of the street included, there should be a positive long term fiscal impact. ATTACHMENTS 1. Resolution No. 2014 -066 2. Resolution No. 2014 -222 3. TransNet Allocation FY 2016 -2019 Staff contact: Elizabeth Chopp, Senior Civil Engineer City of Chula Vista Page 3 of 3 W71iw- 6TiMAIN KII&7 2015 -03 -17 Agenda Packet Page 43 RESOLUTION NO. 2014 -066 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM AND PROVIDING THE CERTIFICATION AND INDEMN IITY STATEMENTS NECESSARY TO OBTAIN` TRANSNET FUN q:)S WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan ( TransNet Extension Ordinance); and WHEREAS. the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission ("Commission "), shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2014 the City of Chula Vista ( "City ") was provided with an estimate of annual TransNet local street improvement revenues for Fiscal Years 2015 through 2019, and WHEREAS, staff recommends adopting the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) as shown on the attached table (Exhibit A); and WHEREAS. Section 5(A) of the TransNet Ordinance ("Section 5A ") requires each local agency to hold a public hearing on the proposed list of projects prior to submitting the project list to the Commission for approval; and WHEREAS. the City published notice that it would hold a public hearing to consider the approval of the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2016 through 2018 /2019 for inclusion in the Regional Transportation Program ( "Notice"); and 'vVHEREAS. on the time, date, and at the location identified in the notice. namely May 6th; 2014 at 2:00 p.m. in the City Council Chambers, and in accordance with Section 5(A) and Rule 7 of SANDAG Board Policy No. 31. the City of Chula Vista held a public hearing agenda item on the City Council Agenda clearly identified the purpose of the hearing and the proposed list of projects; and WHEREAS, prior to approval of the Amendment. City Council considered all of the evidence presented in written and oral form. 2015 -03 -17 Agenda Packet Page 44 Resolution No. 2014 -066 Page 2 NOW_ THEREFORE; BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance; the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance - related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAL. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNel revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 3l have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify; hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransNet funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopts the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 as shown on Exhibit A for inclusion in the RTIP. 2015 -03 -17 Agenda Packet Page 45 Presented by Resolution No. 2014 -066 Page 3 Approved as to form by Richard A. Hopkins Glen R. GooQing Director of Public Works Ci r Anorne� PASSED, APPROVED, and ADOPTED by the City Council of the City_ of Chula Vista. California, this 6th day of May 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Ramirez, Salas and Cox NAYS: Council members: None ABSENT: Councilmembers: None Cheryl Cox. IV ayor ATTEST: i 0 Donna R. Norris, CMC. City Clerk STATE OF CALIFORNIA } COUNTY OF SALT DIEGO } CITY OF CHULA VISTA } I. Donna R. Norris. City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2014 -066 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 6th day of May 2014. Executed this 6th day of May 2014. Donna R. Norris, CMC, City Clerk 2015 -03 -17 Agenda Packet Page 46 E W H W 0 oo z t= 0 O - TRANSNET ALLOCATION - FY 2015 THROUGH FY 2019 tltti� MI M'011 10PROJ r_CTE�� ,�1 R� IPi !l P 9 0 } I�F�Y (�I„4 161 �EY � 6� I P� M 000VN3J1 1 il+ 121,811iM Estimated Annual Allocation $5,522,000 $5,739,000 $5,965,000 $6,200,000 $6,512,000 Closed Projects + Unallocated Carryover + Remainder $1,506,275 $998,220 Major Pavement Rehabilitation (Overlays) (STM379)(STM383) CHV48 $2,451,003 $3,050,000 $3,996,000 $4,221,000 $4,396,000 Traffic Signal System Optimization (TF350) CHV39 $141,000 $125,000 $100,000 $125,000 $100,000 South Broadway Improvements (STM367)(STM381) CHV54 $1,600,001 $550,000 1 -805, SR54 and Otay Mesa Transportation System Improvements (TF344, TF359, TF356) CHV44 $40,000 $40,000 $40,000 $40,000 New Sidewalks: Oxford, Moss and Palomar Streets (STL366, 369) CHV58 $979,900 $500,000 $250,000 $526,000 Naples St. New Sidewalks (STL367) CHV59 $408,318 $250,000 Traffic Signal Upgrade: Third & Naples; Industrial & Anita, Mass, Naples, Hilltop & L, Fourth & J (TF382, TF319, TF383) CHV60 $250,000 $500,000 $250,000 $500,000 Minimum Required Congestion Relief $4,781,039 $4,156,054 $4,175,500 $4,340,000 $4,558,400 SUBTOTAL Congestion Relief $5,580,222 $4,765,000 $4,636,000 $4,886,000 $5,562,000 Bikeway Master Plans (STL404)(S'I'M384) CHV53 $115,000 $150,000 Congestion Relief (TF354) CHV43 $66,529 $75,000 $75,000 $75,000 $75,000 Lmergency Storm r3rain and Bridge Culvert Repair (DR198)(STM385) CHV50 $275,000 $300,000 $350,000 $300,000 $300,000 Neighborhood Traffic /Ped Safety Program (TF327) CH V34 $122,220 $129,000 $150,000 $50,000 School Zone Traffic Calming (E. H St.) (TF345, STM380) CHV33 $109,304 $75,000 $75,000 $75,000 $75,000 Minor Pavement Rehabilitation Program (011219) CFIV06 $150,000 $100,000 $200,000 $150,000 Advance Planning Studies (OP202) CHV22 $134,000 $80,000 $80,000 $80,000 $80,000 Traffic Monitoring Program (TF274, TF321) CI-I V45 $100,000 $70,000 $70,000 $70,000 $70,000 Traffic Signing and Striping (TF332)(STM369)(TF385), Studies & Signal/Streetlight Upgrade (TF366) and Maint. CI-IV35 $150,000 $150,000 $150,000 $150,000 Claire Ave. /I Street Drainage Improvements (DRi91) CI-IV66 $100,000 Main Street Streetscape Master Ilan (S`I'M378) CI -I V71 $50,000 ADA Curb Ramps (STL405) CI-IVNew $300,000 $300,000 $214,000 SUBTOTAL Alaintenance $1,249,833 $1,172,220 $1,329,000 $1:,314,000 $950,1100 TOTAL- $6,830,055 $5,937,220 $5,965,000 $6,200,000 $6,512,000 REMAINING FUNDS $198,220 $0 $0 $0 $0 Revised 414114 2015 -03 -17 Agenda Packet Page 47 RESOLUTION NO. 2014 -222 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 FOR INCLUSION 1N THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AUTHORIZING THE TRANSFER OF FUNDS AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAII`i TRANSNET FUNDS. AND AMEI`iDIN IG THE FISCAL YEAR 2014115 BUDGET ACCORDINGLY 'A'-HEREAS. on November 4. 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance): and WHEREAS. the TransAlet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission. shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransAlet) funds; and WHEREAS. in February 2014. the City of Chula Vista was provided with an estimate of annual TransAlet local street improvement revenues for Fiscal Years 2015 through 2019; and WHEREAS, staff adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation- Improvement Program (RTIP) on Mav 6.2014 through passage of Resolution 2014 -066; and WHEREAS, San Marcos Place is located adjacent to Jamul Avenue, which is part of a pavement overlay project (STM379) being funded by CHV48. San Marcos Place is currently not included on the list for either ST1\4379 or the' RTIP under project CHV48. Staff recommends that San Marcos Place be added to the STM379 list and CHV48-. and WHEREAS, staff recommends various fund transfers bet—Ween projects funded by TransNet in order to cover costs to be incurred during Fiscal Year 2014/2015. These proposed transfers are shown on Exhibit A; and WHEREAS. the City of Chula Vista has held a noticed public meeting on November 18, 2014, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransAlet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. 2015 -03 -17 Agenda Packet Page 48 Resolution No. 2014 -222 Page No. 2 NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransAlet Extension Ordinance, the City of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance- related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransAret Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransAret revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5- year period consistent with the most recent Maintenance of Effort Requirements adopted b-, SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransAret Extension Ordinance, the City of Chula Vista certifies that it will collect 52,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransAret Extension Ordinance, the City of- Chula Vista certifies that it has established a separate Transportation Improvement Account for TransAret revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransAret project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TiwnsAret Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransAret funded projects. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista adopt the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the RTIP and authorize the transfer of funds as shown on Exhibit A. 2015 -03 -17 Agenda Packet Page 49 Resolution No. 2014 -222 Page No. 3 BE IT FURTHER RESOLVED that the Cite Council of the City of Chula Vista approve the following budget appropriations and/or transfers in the CIP Projects expense category in the Fiscal Year 201 5 budget to reflect the proposed chances to the RTIP: 11 Transportation Sales Tax 5TM -383 $ (1,143,780) Transportation Sales Tax TF -344 $ 100,000 Transportation Sales Tax STM -379 $ $3$,505 Transportation Safes Tax STL -406 $ 205,275 Transportation Safes Tax STM -373 $ (130,000) Transportation Sales Tax SW -266 $ 180,OC!0 Transportation Safes Tax STM -381 $ {94,725} Transportation Safes Tax STL -406 $ 44,725 Subtotal Fund 227 $ - Western MF STM-381 $ 94,725 Subtotal Fund 593 Total Appropriations $ 94,725 $ 94,72-5 Presented by Approved as to form by 2015 -03 -17 Agenda Packet Page 50 Resolution No. 2014 -2?? Page No. 4 PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of November 2014 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan. Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, M yor / ATTEST: Donna R. Norris, C117i'C, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA 1, Donna R. Norris; City Clerk of Chula Vista; California, do hereby certify that the foregoing Resolution No. 2014 -222 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 18th day of November 2014. Executed this 18th day of November 2014. Donna R. Norris, CMC, City Clerk 2015 -03 -17 Agenda Packet Page 51 Resolution No. 2014-2222 PaQe No. 5 EXIMIT A TRAIN'SNET FUND TRANSFERS TO FROM PRO T M- XSTI- WHIPLO-0 Of, ti70 T t-MMOT-i -9--13T-M W-m-p-9-D YON STM379 CR CH-V48 5838.505 STN4383 CR CH-V48 5838.505 4 4 K2 t�GW 43b P-89RCt IM 100 SW266 CR CHN'48 5180,000 S TN 1 73 CR CHV48 S180.000 NMIMUS—& EMPIRE 2015-03-17 Agenda Packet Page 52 ATTACHMENT 3 TRANSNET ALLOCATION - FY 2016 THROUGH FY 2019 PROJECT MPO ID FY 14/15 $5,522,000 FY 15116 FY 16117 FY 17118 FY 18119 Estimated Annual Allocation $5,886,000 $6,178,000 $6,492,000 $6,818,000 Closed Projects + Unallocated Carryover+ Remainder $1,506,275 $1,231,000 $0 $0 $0 Major Pavement Rehabilitation (Overlays /Reconstruct) CHV48 $2,351,003 $4,000,000 $4,000,000 $4,200,000 $4,500,000 Traffic Signal System Optimization (TF350) CHV39 $141,000 $75,000 $150,000 $150,000 $150,000 South Broadway Improvements (STM367)(STM381) CHV54 $1,600,001 $50,000 1 -805, SR54 and Otay Mesa Transportation System Improvements (TF344, TF359, TF356) CHV44 $100,000 $40,000 $40,000 $40,000 New Sidewalks (STL366, STL369) CHV58 $979,900 Naples Street New Sidewalks (STL367) CHV59 $408,318 Bikeway Facilities Gap Projects CHV70 $50,000 $50,000 $50,000 $50,000 Third Avenue Streetscape Phases II and III (STL406) CHV73 $150,000 $150,000 Traffic Signal System Plan (TSM /TDM) CHV64 $250,000 SANDAG Main Street Fiber Optics (TFNew) CHVNew $400,000 Traffic Signal Upgrade CHV60 $300,000 $500,000 $400,000 Minimum Required Congestion Relief $4,886,039 $4,981,900 $4,324,600 $4,544,400 $4,772,600 SUBTOTAL Congestion Relief $5,730,222 $4,975,000 $4,540,000 $4,940,000 $5,140,000 Bikeway Master Plans (STLNew) CHV53 $115,000 $50,000 Congestion Relief Study/ Implementation CHV43 $66,529 $75,000 $75,000 $75,000 mergency onn ram and Bridge Culvert Kepair (DR198)(STM385) CHV50 $375,000 $430,000 $400,000 $400,000 $400,000 Neighborhood Traffic/Ped Safety Program (TF327, TFNew) CHV34 $400,000 $150,000 $150,000 $150,000 School Zone Traffic Calming (E. H St.) (TF345, TF384,TFNew) CHV33 $109,304 $154,000 $70,000 $70,000 $70,000 Minor Pavement Rehabilitation Program (OP219) CHV06 $50,000 $361,000 $361,000 $701,000 Advance Planning Studies (OP202) CHV22 $134,000 $32,000 $32,000 $32,000 $32,000 Traffic Monitoring Program (TFNew, TF321) CHV45 $100,000 $186,000 $50,000 $50,000 $50,000 Traffic Signing and Striping (TF332)(TFNew), Studies & Signal /Streetlight Upgrade (TF366) and Maint. CHV35 $325,000 $200,000 $200,000 $200,000 Raised Median Improvements (TFNew) CHVNew $440,000 Claire Ave. /I Street Drainage (DR 191) CHV66 $0 Main St. Streetscape Master Plan (STM378) CHV71 $50,000 Sweetwater River Pathway Study (STLNew) CHVNew $75,000 ADA Curb Ramps (STL405) CHV75 $300,000 $300,000 $214,000 SUBTOTAL Maintenance $1,249,833 $2,142,000 $1,638,000 $1,552,000 $1,678,000 TOTAL $6,980,055 $7,117,000 $6,178,000 $6,492,000 $6,818,000 REMAINING FUNDS $48,220 $0 $0 $0 $0 2015 -03 -17 Agen ftVI%VT�/l6 /15 Page 53 RESOLUTION NO. 2014 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2014/2015 CIP BUDGET BY ESTABLISHING A NEW CIP PROJECT "THIRD AVENUE STREETSCAPE IMPROVEMENT PROJECT PHASE 3 (STL406) ", APPROPRIATING $150,000 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO STL406, APPROVING THE AMENDMENT OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2014/2015 THROUGH 2018/2019 TO ADD FUNDING FOR CHV73 FOR INCLUSION IN THE REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM, AND PROVIDING THE CERTIFICATION AND INDEMNITY STATEMENTS NECESSARY TO OBTAIN TRANSNET FUNDS WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAL, acting as the Regional Transportation Commission, shall approve a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, in February 2015 the City Of Chula Vista was provided with an estimate of annual TransNet local street improvement revenues for fiscal years 2016 through 2020; and WHEREAS, Council adopted the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the Regional Transportation Improvement Program (RTIP) on May 6, 2014 through passage of Resolution 2014 -066; and WHEREAS, Council subsequently adopted the modification of the Chula Vista portion of the 2014 RTIP on November 18, 2014 through passage of Resolution 2014- 222; and WHEREAS, in order to initiate design Streetscape Project, the FY 2014/15 CIP must project STL406 and appropriate $150,000 from FUND to STL406; and amendment must occur. also be requested in Fiscal Year 2015 -16; and for Phase 3 of the Third Avenue be amended to include a new CIP the available balance of TransNet Additional funding of $150,000 will 2015 -03 -17 Agenda Packet Page 54 Resolution No. Page 2 WHEREAS, the City Of Chula Vista has held a noticed public meeting on March 3, 2015, with an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW THEREFORE, BE IT RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City Of Chula Vista certifies that no more than 30 percent of its annual revenues shall be spent on maintenance - related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of Chula Vista certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of Chula Vista's public hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of Chula Vista certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5 -year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAL. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of Chula Vista certifies that it will collect $2,209, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in that jurisdiction to comply with the provisions of the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of Chula Vista certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of Chula Vista certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of Chula Vista does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. BE IT FURTHER RESOLVED that the City of Chula Vista agrees to indemnify, hold harmless, and defend SANDAL, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to City of Chula Vista's TransNet funded projects. 2015 -03 -17 Agenda Packet Page 55 Resolution No. Page 3 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista amends the Fiscal Year 2014/2015 CIP budget by establishing a new CIP project, "Third Avenue Improvement Project Phase 3 (STL406) ", approves a revenue offset appropriation of $150,000 to the CIP Project expense category of the Transportation Sales Tax Fund (TransNet) for CIP STL406, and allocating this amount to CHV73 in the amendment to the TransNet Local Street Improvement Program of Projects for Fiscal Years 2014/2015 through 2018/2019 for inclusion in the RTIP. Presented by Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 56 CITY OF CHULA VISTA File #: 15 -0072, Item #: 6. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EXISTING MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SOUTH BAY BUS RAPID TRANSIT (TOWN CENTER DRIVE TO BIRCH ROAD) AND APPROPRIATING $288,900 FROM THE AVAILABLE BALANCE OF THE TRANSNET FUND TO CAPITAL IMPROVEMENT PROJECT STL399 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY By Resolution 2013 -172, on August 13, 2013, the City Council approved a memorandum of understanding (MOU) with San Diego Association of Governments (SANDAL) in the amount of $497,282 to provide engineering design services for the segment of the South Bay Bus Rapid Transit (SBBRT) project within and adjacent to the Otay Ranch Town Center. Due to unforeseen design conditions, additional staff time is required to complete various items from the scope of work identified in the existing MOU. To ensure completion of the MOU requirements, SANDAG Board of Directors has agreed to increase the engineering design services amount by $288,900 for a total of $786,182. Adoption of this resolution will appropriate TransNet funds to the existing CIP project STL399. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity, consisting of a request for approving an amendment to the Memorandum of Understanding (MOU) between the San Diego Association of Governments (SANDAL) and the City of Chula Vista for the purposes of coordinating design tasks in support of the construction of a segment of the South Bay Bus Rapid Transit (SBBRT) within the Otay Ranch Town Center in eastern Chula Vista, 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. Thus, no environmental review is required at this time. Although environmental review is not required for this administrative activity, once the scope of the individual project proposed to be funded has been more specifically defined, environmental review will be required and the appropriate environmental determination will be made in consultation with SANDAG as lead environmental agency. BOARD /COMMISSION RECOMMENDATION Not applicable. DISCUSSION The South Bay Bus Rapid Transit (SBBRT) project will run between downtown San Diego and the City of Chula Vista Page 1 of 3 Printed on 3/12/2015 powered by Leg 2015 -03 -17 Agenda Packet Page 57 File #: 15 -0072, Item #: 6. Otay Mesa Industrial Center. Within Chula Vista, the SBBRT would extend easterly within Palomar Street from the 1- 805 /East Palomar Street Direct Access Ramp (DAR) to the Otay Ranch Town Center (ORTC) Birch Road; then to SR -125 via Birch Road. On August 13, 2013, City Council adopted Resolution 2013 -172 (See Attachment 1"), approving a Memorandum of Understanding (MOU) between the San Diego Association of Governments (SANDAL) and the City of Chula Vista. The MOU included provisions for engineering design services associated with the segment of the SBBRT project within and adjacent to the Otay Ranch Town Center (from Town Center Drive to SR- 125 /Birch Road, See Attachment "2 "). SANDAG would reimburse the City on a fee - for - service basis. During the preliminary engineering and design phases, unforeseen design conditions increased staff charges to the project. These conditions included: changes to the project schedule, additional design effort, acquisition of additional right -of -way and temporary construction easements, and significant coordination with project consultants, Otay Ranch Town Center management, and Caltrans. EXISTING SOUTHBAY BUS RAPID TRANSIT MOU The existing scope of work included the following: • Project Management, Coordination & Design Review • Supplemental Survey, Surface Updates, and Utility Mapping • Conceptual Design Study • Urban Design Advancement • Transit Signal Priority and Non - signalized Intersections Design Advancement Analysis • Utility Coordination • Drainage Study and Hydro modification Design • Water Quality Study • Engineering Design (40 %, 95 %, Final & Bid Ready Construction Packages) Additional Costs Required The SANDAG Board of Directors has agreed to increase the engineering design services amount by $288,900 for a total of $786,182. Adoption of this resolution will appropriate an additional $288,900 to CIP project STL399. This appropriation will be offset by additional TransNet funds on a reimbursement basis. 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 The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The South Bay Bus City of Chula Vista Page 2 of 3 Printed on 3/12/2015 powered by Leg 2015 -03 -17 Agenda Packet Page 58 File #: 15 -0072, Item #: 6. Rapid Transit project supports the Connected Community goal as it completes a mass transit network through the eastern portion of Chula Vista that will provide a convenient alternative modes of transportation to access areas of Downtown San Diego and ultimately the 905 Border Crossing. CURRENT YEAR FISCAL IMPACT Approval of the resolution will result in the appropriation of $288,900 to the Transportation Sales Tax (TransNet) Fund's CIP Project expense category for CIP STL399. This appropriation will be fully offset by TransNet revenues. Provided below is a summary of the SANDAG MOU amounts: FUNDS COMMITTED FOR SANDAG CONTRACT NUMBER 5001151 A. Original Contract Amount (per Resolutio $497,282 B. Amendment 1 $288,900 NEW CONTRACT AMOUNT (ORIGINAL + $786,182 There is no direct impact to the General Fund as coordination of design and construction under the MOU will be fully reimbursed by SANDAG using regional TransNet funds. ONGOING FISCAL IMPACT There are no on -going fiscal impacts related to the provision and completion of services under the MOU. ATTACHMENTS Attachment 1. Resolution 2013 -172 Attachment 2. Memorandum of Understanding between SANDAG and the City of Chula Vista - SANDAG Contract Number 5001151, dated August 19, 2013 Exhibit A. Amendment 1 to SANDAG Contract Number 5001151 Staff Contact: Patrick Moneda, Senior Civil Engineer City of Chula Vista 2015 -03 -17 Agenda Packet Page 3 of 3 Printed on 3/12/2015 powered by LegistarT" Page 59 I2.ESOLUTION N0.2013- RESOLUTION OF THE CITY COCJ TCIL OIL THE, CITY OF CHULA VISTA APPROVING .A MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA, VISTA REGARDING SOUTH BAY B .T (TOWN CENTER DRIVE TO 13IRCtI ROAD), AMENDING THE FISCAL YEAR 2013 - 2014 CIP BUDGET, ESTABLISHING, A NEW CAPITAL IMPROVEMENT PROJECT, SOUTH BAS'' .BRT (TOWN .CENTER. DRIVE TO BIRCH ROAD)" (STL3,99) AND APPROPRIATING $497,2 .82 FROM THE TRAs.NSNET FUND TO 5TL399 WHEREAS; the San Diego Association of Governments (SANDAG) proposes to consa ct the South Bay TART f-am 1.805 along East Palomar Street to the east tough. the Sunbow and Otay Ranch Communities, then through the Otay Ranoh Town Center (ORTC) to Birch Road, then to SR -125 via Birch Road, and then south on SR -1.25 to the Otay Mesa Intermodal.Transportation Center ("Project ); and WHEREAS, the p'roject's implementation is expected to provide Bus Rapid Transit (`BRT ") service for those, commuting between downtown Sari Diego and the Otay Mesa Border , Crossing and is of regional importance to the Metropolitan Transit System (MTS), the Cities of Cicala Vista and San Diego, the County of San Diego, SANDAG,. and the public; and 'VMREAS; SANDAG will be the lead agency and will administer the cQnstrdction contract in cooperation with the City of Chula Vista;. and WHEREAS, SANDAG intends to utilize the City of Chula. Vista to provide engineering design services for th.e Town Center Drive to SR- 125/Bixch Road segment of Prroject; and WHEREAS, SANDAL intends to construct the Project as part of the South Day BRT. Project, SANDAL project No. 1280504; and WHEREAS, :SANDAG and the City of Chula Vista Irish to memorialize their agreulm6nt in a Memorandum of Understanding {MOTJ) to carry out the purposes set forth above, and WHEREAS, said MOU details the Scope of Work and Deliverables to be provided by the City to SANDAL; and WHEREAS, SANDAL wilt reimburse the City for engineering design .seryiees on a fbe- for - service basis up to the not -to- exceed amount of $497,232. Page 60 Resolution No, .2013, Pap 2 NOW, THEREFORE, BE IT RESOLVED that the. City Council of tho City of Chula Vista does hereby approve a Memorandum of Understanding; (MOU) between San, Diego Association of Governments (SA. NDA.G) and the City of Chula Vista Regarghi g South Bay BRT (Town Center Drive to Birch Road) in the form presented., with such minor modifications as may be requitod or approved by the City Attorney, a copy of which shall be Dept. on file with the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2013 - 2,014 .CIF Budget, establish a new Capital Improvement Project, "South. Bay BR.T (Town Center Drive to Birch Road)" (STL399) and appropriate $497,282 from the TransNot Fund to STL<399 .resented by Approved as. to .f6i.7ii by Richard A. Hopldns Glon R. Godg ins Director of Public. Works City Attorney MEI.ORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO? ASSOCIATION OF GOVERNMENTS AND THE CITY OF: CHULA VISTA REGARDING SOUTH BAY BRT (TOWN CENTER DRIVE TO BIRCH ROAD) SANDAG CONTRACT NUMBER 50 0111] ,544- This Memorandum of Understanding (" i U ") is made and. entered into effective as of this — day of 89 -eiL .2015, by and between the San Diego Association of Governments ('SANDAG") and the City of Chula Vista ("City") for the purpose .of working cooperatively on the South Ray Bus. Rapid Transit ( "South Bay BRT ") project segment from Town Center Drive to Birch Road. Individually, SANDAG and City may be referred to as "Party's and collectively as "parties." RECITALS The following recitals are a substantive part of this MOU, WHEREAS, SANDAL proposes to construct the.South Bay BRT from t -805 aiong East Palomar Street, over SRA25, around Otay Ranch Town Center to Birch .Road, and then south can SR -1.25 to the Otay Mesa tnterrnodal Transportation Center in the southwest quadrant of -the SR -905 I Si.empre Viva Road Interchange, herein after defined as the "Project "; and WHEREAS, the Project whose implementation is expected to provide Bess Rapid Transit ( BRT` service for these commuting between downtown Sa.n ,Diego and the otay Mesa: Border Crossing is of regional importance to the: Metropolitan Transit Systern (NITS), the Cities of Chula Vista and Sac: Oiego, the County of San Diego, SANDAG,.and the public; and - WHEREAS, SANDAG will be the lead agency and administer the tonstruction contract in cooperation with City; and WHEREAS, 5ANDAG intends. to utilize City to pr"de engineering design services for the Town. Center Drive. to SR- 125 #Birth Road segment of .Project per the: scope of work described in Attachment A, attached hereto and incorporated herein, -arid for the not - #o- exceed amount in . Attachment B, attached hereto and incorporated herein, ani3 WHEREAS, SANDAL intends to construct the Project as part of the South Bay SRT Project, SANDAG project No.:1.280504, and WHEREAS, the Parties wish to memorialize their agreement in this MOU,to. carry out the purposes set forth above. 2015 -03 -17 Agenda Packet Page 62 AGREEMENT NOW THEREFORE, in consideration of the mutual promises set forth herein, the Parties agree as follows,, 11 To coordinate the design and construction of a segment of the South say SRT from Town Center Drive to Birch Road per the Scope of Work described in Attachment A for the not -to- exceed a =mount in Attachment. B.. To the extent that either party hereto believes that performance of the Scope of Work may exceed such not -to- exceed amount, the parties shall. meet and confer regarding whether an amendment to this MOU may be required to either reduce the Scope of Work or increase the not -to- exceed amount. 2. SANDAG will bid the approved plans, award .a construction contract and manage the construction of the Project including inspection and changes in accordance with the competitive processes set forth: in. SANDAG Board. Policies and applicable laws. SANDAL may at its. discretion bid and construct the Project in a larger construction contract as part cif °the SANDAG CEP program. 3. City agrees to provide staff support and cooperation with tl ew improvement plan review and approval, including, but not limited to, any staff support or cooperation needed to defend. any claims or litigation that may arise with regard to their design. 4,., Neither City. nor any officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done. by SANDAG under or in connection with any work, authority, or jurisdiction delegated to City under this MOU, It is understood and agreed that; pursuant. to Government Cede Section 895.4, SANDAG shall fully defend, indemnify, and save harmless Chula Vista, all officers and employees from all claims, suits, or .actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) . occurring by reason of anything done or omitted to be done icy SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. 51. Neither SANDAG nor any Officer thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority, or. jurisdiction delegated to 5ANDAG, under thls.MM It is understood and agreed that, pursuant to Government Code Section 895,4, City shall fully defend,. indemnify, and save harmless SANDAL, all officers and employees from all claims, suits. or actions of every name, kind, and description brought for Of on account of injury (as .define.d in Government Code Section 814.8) occurring by reason of anything done -or omitted' to be done by City under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this MOU. b:, That all o0gations of SANDAL under the terms of this MOU are subject to the appropriation of the required resources, including funding, by SANDAL and the approval of the SANDAL Board of Directors or Transportation Committee.. 2015 -03 -17 Agenda Packet Page 63 8, Any notice required or permitted under this MOU may be personally served . on vhle other Party, by the Party giving notice, or may be served. by certified mail, return receipt recluested, to the fallowing addresses. For SANDAG For City.of Chula Vista 401 8 Street, Suite 800 Public Works Department San Diego, CA 92101 276 f=ourth Avenue Attn: 13ruce Schmith Chula Vista, CA 91310 Attn: Kirk Ammerman .9. That unless it is amended by the Parties in writing, this MOU snail. terminate on December 31, 2015, or on such earlier or later date as the Parties may agree to in writing. ICS.. The indemnification provisions of this MOU shall survive termination of the MOO, but not longer than those provisions required in law with regard. t.0- ArchitecturaI /Engiii.eering design services rendered tinder this agreement. 11: This MOU shall be interpreted in accordance with the laves of the State of California, if any action is brought to interpret. or enforce any terra of this MOO, the action shall be brought in a state or federal court situated in the County. of Sari Diego, State of California. 12 All terms; conditions, and provisions hereof shall inure to and shall bind each of the Parties .hereto and each of their respective heirs, executors, administrators, successors, and assicgns. 15, For purposes of this MOU, the relationship of the Parties is that of. independent entities and not as agents of each other or as joint ventures or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. 14, No alteration or variation of the terms of this MOU shall be valid.unless made in writing a.n.d signed by the Parties hereto, and no oral understanding or agreemeilt not incorporated herein shall be binding on any of the Parties. hereto 5. Nothing. in the provisions of this MOU is intended to create duties or obligations to or rights in third - parties to this MOU or affect the legal liability of the Parties to this Pvl{Oii to third- parties. 15: This MOU may be executed in any number of identical Counterparts, each of which shall' be deemed to be an original, and all of which together shall be deemed to be one and the same instrument when each Party has signed one such counterpart. 17. This Agreement shall be deemed executed on the date on which the last Party signs this MOU. 18.1. Should any part of this.Agretment be rendered or declared invalid by a court of competent jurisdiction of the State of California, such invalidation of such :part or portion of this MOU should not invalidate the remaining portions thereof, and they shall remain in full force and effect. 2015 -03 -17 Agenda Packet Page 64 IN WITNESS WHEREOF, the Parties hereto have executed this MOU effective on the day and year first above w itten. SAN DIEGb ASSOCIATION OF GOVERNMENTS CITY.OE CHULA VISTA 1 GARY L. GALLEGOS RICHARD A. HOPKINS Executive Director or designee Director of Public Works APPROVED AS TO FORM: APPROVED AS TO FORM: JOHN F. KIRK Gv l+d R. G OGiNS off ite of General Counsel city 0y 2015 -03 -17 Agenda Packet i I I �I I I II i Page 65 ATTACHMENT A South Bay B1RT Preliminary and Final P'S F- for ORTC Guideway from Town Center Drive to irch`R€ ad (ORTC Station and Lighting Improvements by others) L PROJECT DESCRIPTION This scope of services will advance the design of the South Bay Bus.Rapid Transit. (SBBRT) corridor through the Preliminary and Final Design stages. This scope specifically provides for.develtapment of the Qtay Ranch Town. tenter (ORTC) Guideway segment from pawn Center Drive to Birch Road (Station improvements & Station Lighting by Kimley- Horn). The conceptual designs as presented in the SBBRT Environmental Document vtill provide the basis of design. II. EXPECTED RESULTS Develop 40 % /95 % /FlhaVBid- Ready construction and supporting documents (e.g. design studies, plans, opinion of probable construction costs, specifications) for the S88RT infrastructure within the areas identified above. Ill,; SCOPE OF WORK The scope of work shall consist of the following tasks and deliverables to be completed by the City of Chula Vista ( "City ") in accordance with the terms and conditions of the MOO between City and sANDAG- 1.. Project Management, Coordination & Design Review This task will provide for invoicing for this task order, coordination with SANDAL staff, monthly progress reports, attendance at the meetings described below,. design coordination and review, and other project management activities for the duration of the design portion of the project (up to 13 months). 1,1, resign Coordination and Review The City will coordinate design features and methodology with the T.Y. Lin and Kimley -Horn design teams. Coordinatlon will include phone and email c©rrespo'ndence to coordinate station design, intersection equipment„ lighting, and water quality, 1.2. PDT Meetings Attend monthly PDT Meetings at SANDAG. 13. Stakeholder Coordination Meetings Attend stakeholder coordination meetings as follows - 1.3.1: Attend up to 3 site specific stakeholder coordination meetings for each of the. four proposed .BRT stations. 13.2. Attend up to 4 corridor stakeholder coordination meetings for the East Palomar Street reconstruction between Heritage lid and Oleander Avenue, 13.3. Attend up to 3 community meetings 2015 -03 -17 Agenda Packet Page 66 2: Supplemental Survey, Surface Updates, and Utility Mapping Supplemental topographic surface feature mapping, other visible break lines, and additional cross sections will be collected along the corridor, specifically at intersections as described below: Visible topographic surface features will also be surveyed. 2.1. Centerline Survey of the Guideway The centerline and right -of -way for the Guideway in this Segment will be established from record maps and previous dedications. Horizontal control paints along this corridor will be tied in by field survey to correct for grid /ground scale issues and for quality checks. 2.2. Cross sections will be completed at the fallowing locations: 2.2.1. Along the. Guideway Within the project limits - Roadway sections every 100 feet from R/W to RIW (approximately 1010 feet. wide) to include utility easements, fencing/walls and toeltop of slope. Two cross street roadway sections wilt he surveyed every 50 feet from the curb returns for a total of 100 feet. . 2.2,2. Intersections surveys including 10' x 10' grids, curb returns, pedestrian ramps. and visible poles/utilities at the following locations. Town Center Drive e NE Drwy 0 pRTC O Kestrel Falls Road - - Birch Road 2.2.3. Additional field surveys will be completed at the station location and :associated pedestrian con nections/crossings: 12.4- Survey will include above ground visible utility appurtenances, existing. drainage . and sewer facilities invert elevations, visible 'irrigation systems, controllers nor, handhole boxes and corridor trees: 2.3. Utility Mapping 2,3.1. utility .research will be limited to areas in which physical construction is anticipated: The research will include sending out letters to utilities with an interest in the project study area and receiving as built plans, 2.3.2. Field observation will be performed to record the horizontal locations and descriptions of visible existing utility facilities located within and adjacent to the project's boundaries and prepare an existing utility system report 2.3.3. Create a lag for utility drawings used The log will include the narrie of the owner, function of the facility: size, material (as available), date .and drawing numbers (ss' . available). 23.4, Wet and dry utility locations;; sizes, and descriptions will be added tQ the base mapping and shown on the improvement drawings. i 2015 -03 -17 Agenda Packet Page 67 23.5. tip to 10 utility potholes will be performed and surveyed to include horizontal and vertical locations of tyre utilities, The City shall submit and receive approval of a pothole plan before proceeding with potholing, The City will prepare. .and obtain traffic control and excavation permits to perform potholes. 3. Conceptual Design Study The purpose of this conceptual design study is to evaluate the proposed SBBRT improvements within the Guideway including: 3,1. Coordination with SANDAL and adjacent design consultants to obtain final decisions on the proposed improvements prior to the start of final design, 3Z Attend the following anticipated meetings: SANDAL (up to 4 meetings) City of China Vista (up to 2 meetings) 3.3. Field Observation The City will perform up to two site visits that will include, Landscape observation ® Street lighting observation Slope, fence, and wall observation Pavement observation Utility observation 3:4. Develop Alternative Cross Sections Two (2) alternative cross sectmns for the Guideway. Both alternatives will include a two -way guideway, one with standard lane widths and the other with reduced lane widths. to minimize mpacts. Cross sections will show existing and proposed RM, width, travel lane widths; existing pavement to be protected in place, landscaped median widths, curb types, Erika lane T pedestrian path locations and widths, slopes, retaining walls, water quality locations, and street light locations, f 3.5. Concept Development. Phase The City will expand on the alternative cross sections prepared in Task 3.4 to prepare up i to two concept plans over aerial photo. The concept plans will evaluate impacts on existing improvements. The concept:plans will include: • Typical Cross sections (up "to 3) • Existing and proposed Ri and easements litres • Dimensions. Lane, curb and sidevvalk layout . Landscaping ® Water quality improveme0s a Proposed striping Limits of pavement removal . . Grading limits Intersection pavement treatments New traffic signals Modification of existing traffic signals ® Pedestrian access paints I 2015 -03 -17 Agenda Packet Page 68 The City will prepare a technical memorandum for the preferred alternative, The technical memo thrill outline assumptions, potential issues and solutions for the following: Water quality Intersection operations • Street lighting [NOTE: City will use KHA's Photometric Study] Landscaping • AIWA Compliance •. Rough order of magnitude, opinion of probable construction cost 4. Urban Design Advancement The City will coordinate with project stakeholders to obtain final decisions on the visual elements of the project prior to the start ©f final design for those project elements. Final decisions for each element will be documented in a Design MOU or "Basis of Design Report" for use in preparing Final PS &E. 4.1. Landscape and Irrigation Concept Design. 41.1. Develop a preliminary Landscape Concept for the approved alignment and station site plans. The landscape concept will adhere to the City's and State of California Water Efficient Landscape Regulations and ordinances and California State Building code requirements in effect at the time of MOU execution. 4,1,2. Develop a: preliminary Irrigation Concept Plan. for the approved Aignment and station site plans. The concept plan will look at for irrigation design feasibility, systems coordination, goals of how water conservation ordinance requirements Will be attained, types of irrigation: to be utilized to meet those goals. and preliminary water conservation/efficiency calculations (Maximum .applied Water Allowance - MAWA and Estimated Total Water Use ETWU). This initial submittal will include the following:; Meetings: a Landscape and irrigation (up to 3 meetings). • Warranties, maintenance, and operations meetings as needed.. [NOTE- Additional Meetings are needed outside the design contract to address agency maintenance obligations and commorisurate funding and are outside the scope of this Agreement]: Meeting Materials: Landscape Concept Plan ® Plant Palette/Landscape I`naterials Exhibit Irrigation coverage plan to show the locations of the proposed landscape areas to be irrigated. Preliminary locations of point of ;connections (meters, back flow preventers, controllers, power supply) and preliminary. chain line layout Preliminary Cite of Chula. Vista . Water Efficient Landscape Irrigation 2015 -03 -17 Agenda Packet Page 69 fry 19 7. Transit Signal Priority and None si€rnailzed Intersections Design Advancement Analysis For the unslgnalized. intersection. of the Northeast Driveway to /from ORTC, a pedestrian crossing concept will be developed by the City. This concept will allow for 3RT vehicie crop sing without stopping. This concept may include the use of pedestrian or BRT crossing tables, color pavement enhancements, paver design, in- pavement flashers, rectangular rapid flashing beacons, flashing bollards, modified pedestrian crossings, signage, and rather design elements for a non- signalized intersection, Final concepts developed from this design study will be used to final design plans. A new traffic signal will be- installed at Town. Center drive. Existing traf€.ic signals will be modified at Kestral Falls Drive and Eastlake Parkway, Birch Road and Eastlake Parkway, Birch Road at easterly and westerly shopping center entrances. utility Coordination The City wilt provide utility coordination support services for utility conflicts along the Guideway corridor including: 61. developing a matrix of wet and dry utility conflicts and indiividua( utility conflict plan sheets that will be organized. by utility ownership. 6.2. Providing direct coordination with utility representatives through meetings, written communications, and telecommunications processes: 6.3. Coordinate and meet with MTS regarding MTS Fiberi'Communications to the ORTC BRT station. Drainage Study and Nydrornodiflcation. Design A drainage study will be prepared for the project to analyze. and size the proposed drainage infrastructure. The drainage study will. include the following sections: Introduction, methodology, hydrologic and hydraulic analysis, condusionslrecommenclations. The study will . be prepared in accordance with agency standards in effect at the time of execution of this agreement. The City will., 7.'l. Provide up to 2 site visits to determine connection iocations for proposed system.. 72 Attend up to 2 meetings to d €.scuss the final design of the proposed system. 7.3. Prepare calculations in accordance with the San Diego County Hydrology Manual and San Diego: County Drainage Resign Manual. Local 'drainage requirements. for the portions of the project in the City of Chula Vista will also be followed, including the „City of Chula Vista Stormwater Design Manual."i 7.4, Prepare drainage basin snapping: 7.5. Calculate. hydraulic capacity, peak flaw rates, and estimation of proposed pipe and. inlet sizes. 7;6. Prepare hydrprnodificatic,ri calculations using 5W MM model. 7.8. Develop drainage design and analysis based on the preliminary concepts that were approved by the. agency during the environmental phase of the project. 7.9. Submit a draft Drainage Study and Hydromodification Plan to SANDAG at the 4OD /a level of plans completion. 7.10. Submit a final Drainage Study to SANDAG for final review and approval. This task assumes: 5ignificant changes to the preliminary concepts that were approved by the City of Chula Vista during the preliminary design /environmental phase of the project will. not be required. • Drainage studies will further refine the concepts already prepared and approved by the agencies. 8. Water Quality Vudy The City will update. the Water Quality Study prepared during the environmental phase of the project (by others). The update, to the Water Quality Technical Report will be based on the. preliminary concepts that were approved by the agencies during the preliminary design/environmental phase of the project, The City will_ 8.1. Coordinate and process the WQTA through the City only and it is assumed no coordination with the Regional Board is required. 8.2: Update report to show the implementation of the previously approved water quality treatment concepts for each section of the project_ 8.3. Subrhit a draft WQTR to SANDAG at the 95 %fl level of plans cornpl.etiona 8.4. Submit final WQTR to SANDAG for final review and approval. 8.5. Provide up to three review cycle submittals for the WQTR. This ta5k assumes: s Significant changes to the preliminary concepts that wort. approved. by the City of Chula Vista during the preliminary des ignlenvironmental phase of the project will not be required. 4 The Water Quality Technical Reports will further refine the'concepts already prepared and approved. by the agencies. • Comments on the reports will be minor and not require significant changes to the overall concept of the water quality treatment that was previously approved. 9.. Engineering (design (40 °l, 95%, Final & Bid Ready construction Packages) These tasks will advance the design package through the Preliminary Engineering stare of completion--- development of 40 % construction documents ---and Draft P5 &E (95.% complete) and Final PS &E (1001/16 complete), The City will prepare preliminary dry utility system design alignments based on improvement plans and. existing condition base plan for the removal, relocation, undergrounding, and new 2015 -03 -17 Agenda Packet Page 71 service systems rewired to meet the project's dry utility requirements, Final plans will be the responsibility of the respective utility owner, Plan f=eatures: 9.1, Plan format (i.e, title sheet and sheet borders) will be in a SANDAG format for each project segment with local jurisdiction. signature blocks. Standard notes for the local jurisdiction and SANDAG will be included, 91: Horizontal control — Guideway will generally include computed centerlines with horizontal control based on station -and= offset values, Non- linear project elements such as station site plans will rely on dimensions between project features And a table of coordinates at key locations. 9.3. The scale of plan sheets are anticipated to be the city standard of 1'= =40' for corridor plans (e,g. roadway, signal interconnect) and V' =20' for more detailed plans (e.g. station layouts, TSP plans),. Design Package Includes: CitayRanch Town Center Guideway (Town Center Drive to Birch.Road) Title Sheet (by TY Lin) � � .. � Traffic Plan for one (1) Non-signalized l Sheet Index; Legend, &'Abbreviations intersections Traffic Signal Interconnect. Plans (Ends General Notes (byTy tin) _ at Ma -gdalena Avenue) 1 Ke y: p rs Ma a d Horizontal Control 1 iltlkity Notes, Legend, & Symbols (by TY Typical Cross Sections 2 Lin) Utility Plans (Showing Existing utilities Roadway (Guideway) Layout Plan & 3 Only). :. i� 3 Profiles Intersection Grid Grades & 5takin.g, .. 1 Landscape General Notes (by TY Lin) _ Notes. Q per sheet) � Landscape Plans 3 Construction Details 1 Landscape Details Temporary Water Pollution Control'. � Irrigation General Notes(byTY,Lin) 1 Flans... 3 Irrigation Flans 3 Temporary Water Pollution Control 1 Irrigation Details .1 Details. Expected Sheets 49 Grading and Drainage Plan & Profiles 5 Grading and Drainage Details Stage Construction General Notes and Abbr. Stage Construction and: Traffic Stage Construction Details 1 Roadway Lighting Plans & Details Traffic .Signing and Striping Plans &. � Details New Traffic Signal Plans 0 Town Center Drive and Kestrel. Fails Road Traffic Signal Modification Plans for the sxis.ing signalized intersection. @ Birch 1 2015 -03 -17 Agenda Packet Page 72 10, The City will provide bid package development and support services, for the tasks identified below, up to the level of effort identified in Attachment U. . 1 0.1. Incorporate review comments to the Final Construction Plans submittal and prepare "Bid- Ready" plan sets for SANDAG Contracts Department to advertise project. 10.2_ Incorporate: review comments to the Final Specifications submittal and prepare "Rid- Ready" specifications for SANDAL Contracts Department to advertise project. 0.3. Incorporate review comments to the. Final. Construction Cost Estimates submittal and .prepare " Bid"Ready "'' construction cost estimates for SANDAG Contracts Department to advertise project. 10.4. Quality Control (QC) -Bid +Ready" P5 &E Package and submit "Bid-Ready' bid packages, including Contracts "Bid Form" and "Electronic Info- form, to SANDAG Contracts Department for advertisement. 11. Right of Way Mapping 11.1. map Preparation The City will prepare right of way maps at 50 foot scale consistent with Caltrans procedures and requirements. The reaps will be used to identify the title and types of right of way requirements. Title: Access Rights, Fee (i.e. purchase. of land), Easement, Temporary Construction Easement; and Permanent Easement. Type: Grant Deed, Easement Deed, Quitclaim,. Relinquishment, etc. 11:2, Plats and Legal Descriptions Based on the preliminary right cif way requirement maps approved by SANDAG, the City will prepare Plats and Legal descriptions for SANDAG approval. 'SANDAG /Caltrans will use the Plats and Legal Descriptions to prepare documents to acquire the necessary right of way and easements.. IV. DELIVERABLES 1,- 46% Construction Package. Plans opinion of Probable Construction Costs f AerW Topo Mapping & Survey Data Files on. Disk e MOU or "Basis of Design Report" for "urban Design Advancement" elements • Utility Conflict Matrix • Drainage Study & Hydromod Design Report ATTACiiME14T 8 Lily of nWa Vista Public Works booarcm ant Enoin&arl names Ian Final Specifications & Spedal Provision (Caltrans f Greenbook) A Final Opinion of Probable Construction Costs 4 Bid Construction Package and Processing « Bid ready Plans • M Ready Specificatioris & Special _Provision. (Caitrans f Greenbook) - Bid Ready Opinion of Probable Construction Costs V, SCHEDULE OF SE VICES /MILESTONES/f ELIVERABLES A, Tasks Schedule Task Begin/End Dates Design Studies NTP to 3 months after NTP 40°l9 Construction Package NTP to 6 months after NTP 95% Construction Package 6 Months after NTP to 11 months after NTP Final Construction Package 11. months after NTP'to.12.5 rrtonths after NTP Bits Construction Package 12.5 months after NTP to 13 months after NTP B. Milestones /Deliverables Schedule Milestone/Deliverable Due .pate Conceptual. Design Study NTP +3 months 40% Construction Package NTP +6 months 95% Construction Package NTP +11 months' Final Construction Package NTP x-12.5 months. Bid Construction Package NTP +13 months 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. oogin City Attorney Dated: 3 - 3 -x015 AMENDMENT I TO SANDAG CONTRACT NUMBER 5001151 MEMORANDUM OF UNDERSTANDING BETWEEN -THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SOUTH BAY BUS RAPID TRANSIT (TOWN CENTER DRIVE TO BIRCH ROAD) 2015 -03 -17 Agenda Packet Page 76 AMENDMENT a. TO SANDAG CONTRACT NUMBER SooiiSi MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING SOUTH BAY BUS RAPID TRANSIT (TOWN CENTER DRIVE TO BIRCH ROAD) This Amendment No. s to SANDAG Contract No. 5oo225a concerns a Memorandum of Understanding (MOU) by and between the San Diego Association of Governments (SANDAG), 40.1 B Street, Suite 800, San Diego, California, and THE CITY OF CHULA VISTA: A. Under the original MOU dated August 29, 2033, SANDAG to coordinate the design and construction of a segment of the South Bay Bus Rapid Transit (BRT) from Town Center Drive to Birch Road B. This Amendment No. -i is to modify the budget. Nothing in this Amendment i is intended to relieve the parties of their obligations to perform as required by the MOU, unless expressly stated herein. NOW, THEREFORE, it is agreed as follows: z. Section :L of the MOU under the heading "Agreement" shall be amended to instead read as follows: To coordinate the design and construction of a segment of the South Bay BRT from Town Center Drive to Birch Road per the Scope of Work described in Attachment A for the not -to- exceed amount Of $786,:.82.00. 2. All other provisions of said MOU not amended herein, shall remain in full force and effect. 3. This Amendment i may be executed and delivered by facsimile signature and a facsimile signature shall be treated as an original. This Amendment No. i may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Amendment. IN WITNESS WHEREOF, these parties have executed this Amendment 2 effective this — day of 2014. .SAN DIEGO ASSOCIATION OF GOVERNMENTS GARY L. GALLEGOS Executive Director APPROVED AS TO SUFFICIENCY OF FORM AND LEGALITY: Office of the General Counsel CITY OF CHULA V STA RICHARD kf OP N DirectorofPublic orks Of 101 OF FORM AND c,, " A"-b"l 2015 -03 -17 Agenda Packet Page 77 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE EXISTING MEMORANDUM OF UNDERSTANDING, BETWEEN SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA, REGARDING SOUTH BAY BUS RAPID TRANSIT (TOWN CENTER DRIVE TO BIRCH ROAD) AND APPROPRIATING $288,900 FROM AVAILABLE BALANCE OF THE TRANSNET FUND TO CAPITAL IMPROVEMENT PROJECT STL399 WHEREAS, by Resolution 2013 -172, on August 13, 2013, the City Council approved a memorandum of understanding (MOU) with San Diego Association of Governments (SANDAG) in the amount of $497,282 for City Engineering Design Services for the segment of the South Bay Bus Rapid Transit (SBBRT) project within and adjacent to the Otay Ranch Town Center, from Town Center Drive to SR- 125 /Birch Road; and WHEREAS, additional staff time is required to complete various items from the scope of work identified in the existing memorandum of understanding; and WHEREAS, to ensure completion of the MOU requirements, SANDAG Board of Directors has agreed to increase the engineering design services amount by $288,900 for a total of $786,182. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amendment to the existing Memorandum of Understanding (MOU) between San Diego Association of Governments (SANDAG) and the City of Chula Vista regarding South Bay BRT (Town Center Drive to Birch Road) in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista does hereby amend the Fiscal Year 2013/2014 CIP Budget, and approves a revenue offset appropriation of $288,900 from the CIP expense category of the TransNet Fund to Capital Improvement Project STL399. Presented by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney C:\ Users\ GRANIC— l\AppData\Local \Temp\BCL Technologies \easyPDF 7\ @BCL @48055A2E \@BCL @48055A2E.doc 2015 -03 -17 Agenda Packet Page 78 CITY OF CHULA VISTA File #: 15 -0065, Item #: 7. City of Chula Vista Staff Report ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 (SUNSET CLAUSE) OF CHAPTER 10.68 (CAR SHARING PROGRAM AND PERMIT) OF THE CHULA VISTA MUNICIPAL CODE (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY Car sharing is a newer car rental model, in which customers rent cars for short periods of time, often by the hour. Car sharing services typically offer an easily - accessible, affordable alternative transportation option for residents and visitors and help improve local air quality. The City Council adopted a Car Sharing Program ordinance in 2013, which included a "sunset clause." As such, staff is proposing to repeal the sunset clause, so that current car sharing services can continue to operate and additional car sharing companies can be solicited. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity qualifies for a Class 8 categorical exemption pursuant to Section 15308 [Actions by Regulatory Agencies for Protection of the Environment] of the State CEQA Guidelines, because the proposed actions will result in the ongoing operation of car sharing services, which helps to improve local air quality. Thus, no further environmental review is required. BOARD /COMMISSION RECOMMENDATION At their January 12th meeting, the Resource Conservation Commission unanimously recommended that City Council repeal the Car Sharing Program's "sunset clause." DISCUSSION Car sharing is a newer car rental model, in which customers rent cars for short periods of time, often by the hour. Car sharing services typically offer an easily - accessible, affordable alternative transportation option for residents and visitors without or with limited access to a personal vehicle. Although car sharing services have been around since the 1970s, their popularity has increased in recent years, especially in urban areas. Car sharing has been shown to provide environmental benefits for communities by reducing the need for residents to own a vehicle (or a second household vehicle) and helping "fill the gap" in public transit networks by allowing users to more easily link trips using buses, trolleys, bicycles, and walking. In 2013, the City Council amended Chapter 10 (Vehicles & Traffic) of the Chula Vista Municipal Code to establish a Car Sharing Program and Permit, which provided guidelines for car sharing services operating within the jurisdiction (Ordinance #2013 - 3266). Specifically, the Car Sharing Program City of Chula Vista Page 1 of 2 Printed on 3/12/2015 2015 -03 -17 Agenda Packet Page 79 File #: 15 -0065, Item #: 7. outlines rules and regulations for parking meter fee payments, requires certain indemnification and insurance levels, and authorizes the City Manager to issue permits according to the guidelines. Shortly after the ordinance was adopted, staff worked with Car2Go to expand their all- electric car sharing services into the City's more densely - populated western areas. The original ordinance included a "sunset clause" that would automatically terminate the Car Sharing Program two years after its adoption unless City Council decided to continue it. As such, staff is proposing to repeal the sunset clause and continue the Car Sharing Program. Car sharing services have been successfully operating within the City's boundaries for approximately 18 months with no major incidents or issues. In addition, car sharing was recently recommended by the Climate Change Working Group, comprised of residents, business, education, non - profit, and utility representatives, as an important strategy in reducing greenhouse gas emissions and improving local air quality. City staff hopes to attract additional car sharing services into the community over the next couple years. DECISION -MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site specific and consequently, the 500 -foot rule found in California Code of Regulations section 18705.2 (a)(11), is not applicable to this decision. 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 The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Continuation of the Car Sharing Program will support the Healthy Community goal by reducing greenhouse gas emissions and improving local air quality. CURRENT YEAR FISCAL IMPACT There is no additional fiscal impact in approving this item as the administrative costs for this program are budgeted within the Public Works Conservation Section program. ONGOING FISCAL IMPACT There is no ongoing fiscal impact in approving this item as the administrative costs for this program are budgeted within the Public Works Conservation Section program. ATTACHMENTS None Staff Contact: Brendan Reed City of Chula Vista Page 2 of 2 W71iw- 6TiMAINaN IM 2015 -03 -17 Agenda Packet Page 80 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA REPEALING SECTION 10.68.500 [SUNSET CLAUSE] OF CHAPTER 10.68 [CAR SHARING PROGRAM AND PERMIT] OF THE CHULA VISTA MUNICIPAL CODE WHEREAS, Chapter 10.68 of the Chula Vista Municipal Code provides for the establishment of a Car Sharing Program and attendant City Manager issued permit. WHEREAS, Section 10.68.500 of Chapter 10.68 provides that the Chapter shall "sunset," meaning expire, two (2) years after its adoption unless Section 10.68.500 is repealed; WHEREAS, the City desires to continue the Car Sharing Program and attendant City Manager issued permit process as set forth in Chapter 10.68; WHEREAS, the Resource Conservation Commission unanimously recommended that City Council continue the Car Sharing Program at their meeting on January 12, 2015; NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section I. Section 10.68.500 [Sunset Clause] of Chapter 10.68 [Car Sharing Program and Permit] is hereby repealed. 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. 2015 -03 -17 Agenda Packet Page 81 Ordinance Page 2 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 Richard A. Hopkins Director of Public Works Approved as to form by Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 82 CITY OF CHULA VISTA File #: 15 -0070, Item #: 8. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE "USED MOTOR OIL AND FILTER RECYCLING MEDIA CAMPAIGN" TO MJE MARKETING SERVICES FOR MEDIA BUYING, EDUCATION AND PROMOTION, AND GRAPHICS SUPPORT IN THE AMOUNT OF $600,000 RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City of Chula Vista, as the lead agency, has been awarded a $916,800 regional Used Oil Competitive Grant to enhance public education and outreach efforts for the South Bay /East County Regional Used Oil Program. The Environmental Services Section of the Public Works Department is requesting approval of the contract with MJE Marketing Services. MJE Marketing Services was the most competitive agency in the Request for Proposal process utilizing Planet Bid and the assistance of the Finance Department and Communications Manager. MJE will provide the City with the development of two commercials for the used oil and filter recycling program. Additionally, they will develop the strategy for carrying the message over to outdoor, print, social media and other forms of media throughout the campaign. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) Guidelines; accepting bids and awarding a contract for the used motor oil and filter recycling education campaign and has determined that the activity is not a "Project" as defined under Section 15378(b)(4) of the State CEQA Guidelines because the activity is appropriating funds for the Recycling Program only, therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. BOARD /COMMISSION RECOMMENDATION Not applicable DISCUSSION The Environmental Services Section of the Public Works Department is requesting approval of the contract with MJE Marketing Services for the "Used Motor Oil and Filter Recycling Campaign." Established in 1994, MJE Marketing Services is a full- service, nationally award - winning marketing, advertising, public relations, and public affairs agency. The California Oil Recycling Enhancement Act (Act), which is administered by the California Natural Resources Agency - Department of Resources Recycling and Recovery (CalRecycle), is a law City of Chula Vista Page 1 of 3 Printed on 3/12/2015 powered by Leg 2015 -03 -17 Agenda Packet Page 83 File #: 15 -0070, Item #: 8. designed to reduce the potential for illegal disposal of used lubricating oil by increasing used oil and oil filter collection. The Act provides funding to jurisdictions solely for the purpose of establishing and maintaining a network of local used motor oil and filter collection /recycling opportunities and outreach efforts designed to inform and motivate the public to recycle used motor oil and use re- refined motor oil in their cars and equipment. The City of Chula Vista has administered the South Bay /East County Regional Used Oil Program for four years as the lead agency for the South Bay and East County jurisdictions of Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, and Santee. Chula Vista, in conjunction with the County of San Diego and the cities of El Cajon, Imperial Beach, La Mesa, Lemon Grove, and Santee, applied for and was awarded a $916,800 Used Oil Competitive Grant through CalRecycle's Used Oil Competitive Grant Program. This is a two -year competitive grant which will focus on countywide used motor oil and filter recycling via two campaigns. CalRecycle encouraged jurisdictions to form regional groups to pool funds and maximize work results in the Used Oil Program. With these grant funds, two commercials will be created and run on the major local networks; outdoor, print, social media, and other forms of media will also be used throughout the campaign. MJE Marketing Services was the most competitive media agency who demonstrated their ability to complete this work through the Planet Bid Request For Proposal process with the help of Finance - Purchasing and the Communications Manager. DECISION -MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704.2 (a). Consequently, this item does not present a conflict under the Political Reform Act (Cal. Gov't Code § 87100, et seq.) Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for decision -maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The Used Oil Recycling Program supports the City's Healthy Community goal by providing free used oil and oil filter recycling opportunities throughout the South Bay and East County watershed region of San Diego County and is funded by the State of California's Oil Recycling Enhancement Act. Because pollution knows no boundaries, proper handling of used motor oil and filters upstream ensures that Chula Vista's streams and bay front will not be the downstream recipient of these pollutants due to improper disposal. CURRENT YEAR FISCAL IMPACT Funding for this work will be from grants and the Environmental Services fund. All grant activities will be fully funded by grant funds throughout the term of the Agreement and will not impact the General Fund. No appropriations are needed at this time; sufficient funds for this project are included in the fiscal year 2015 budgets of the Environmental Services Fund and Waste Management and Recycling Fund. City of Chula Vista Page 2 of 3 Printed on 3/12/2015 2015 -03 -17 Agenda Packet Page 84 File #: 15 -0070, Item #: 8. ONGOING FISCAL IMPACT Funding for this work will be covered by the Used Oil Competitive Grant Program and the Environmental Services fund. Future appropriations for this project will be considered by the City Council as part of the normal budget process. ATTACHMENTS WE Contract Staff Contact: Lynn France, Environmental Services Program Manager, (619) 585 -5790 City of Chula Vista Page 3 of 3 W71iw- 6TiMAIN KII&7 2015 -03 -17 Agenda Packet Page 85 Agreement between City of Chula Vista and MJE MARKETING SERVICES, INC. To Provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign This agreement (Agreement), effective March 1, 2015, 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: RECITALS WHEREAS, the City of Chula Vista is the lead agency in the South Bay /East County Regional Used Oil Program (composed of eight cities, of which six will participate in this effort) and the County of San Diego would like to implement a robust education and marketing campaign to promote two concepts: 1) the proper disposal of used motor oil and filters and 2) "Check Your Number" campaign.; and WHEREAS, these campaigns have the potential to reach three- quarters of the San Diego County population via public transportation, outdoor, print, and other advertisements.; and WHEREAS, the public education and outreach program has the ultimate goal of creating greater awareness of the dangers of disposing used motor oil improperly, the money and resources wasted as a result of premature oil changes, and what the public can do; and WHEREAS, City staff circulated a Request for Proposals ( "RFP ") for media buying, education/promotion campaign, and graphics support for the Used Motor Oil Campaign; and WHEREAS, seven consultants submitted proposals in response to the RFP: Ark Marketing, Brown Marketing Strategies, Cook and Schmid, KHB Marketing Group, Mancuso Media, MJE Marketing, The Starmack Group, and three firms were selected to participate in interviews February 12 -13, 2015; and WHEREAS, based on the proposals, additional information and interviews, staff recommends that the City retain MJE Marketing Services, Inc. to provide media buying, education/promotion, and graphics support for the Used Motor Oil Campaign; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it can deliver the services required of Consultant to City in accordance with the time frames and the terms and conditions of this Agreement. [End of Recitals. Next Page Starts Obligatory Provisions.] Page -1 - - - Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C:\ Users \nancym\AppData \LocalMerosoft \Windows \Temporary Internet Files \ContenLOutlook \7QJ7NFQ9\FINAL MJE Two -Party Consultant Agreement Media 2015- 03- 17gVMRd&Packet — Page 86 OBLIGATORY 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 I. CONSULTANT'S OBLIGATIONS A. General 1. General Duties. Consultant shall perform all of the services described on Exhibit A, Paragraph 7 (General Duties). 2. Scope 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 fixed 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. — —Page 2 - Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015 -03 -17 p-rd1lgo�PData \Local \Microsoft \Windows \Temporary Intemet Files\ Content .Outlook \7Ql7NFQ9 \FINAL NIJE_Two -Party Consultant Agreement_ Media Page 87 Buymg.doc 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. 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 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, representatives, employees or subcontractors, and provide documentation of same prior to commencement of work. 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, Code 1 (any auto). 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. 3. Minimum Limits of Insurance. Consultant must maintain limits no less than those included in the table below: Page 3 -- Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign 2015 -03 -17 '�Y ,Vplata \L.cal\Ivlicrosoft \Windows \Temporary Internet Files \Content.0uttook \7QJ7NFQ9\FINAL MJE_Two -Party Consultant Agreement Page 88 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 $1,000,000 each occurrence Liability or Errors & Omissions Liability: If the Consultant maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the Consultant. 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, automobile liability, and where appropriate, the worker's compensation 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. Page 4 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C: \Users\nancym\A pData \Local \Microsoft \Windows \Temporary Internet Files \Content.0utlook \7QJ7NFQ9\FINAL MJE Two -Party Consultant Agreement_ Media 2015 -03 -17 �cPacke — Page 89 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, 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 Coverasze. Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by Section I.C. of this Agreement. Page 5 Two Parry Agreement Between the City of Chula vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C:\ Users \naneym\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.OLltlook \7QJ7NFQ9 \FINAL MJE Two -Party Consultant Agreement_ Media 2015 -03 -17 KqePacket — Page 90 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 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 must include all subconsultants as insureds under its policies or furnish separate certificates and endorsements for each subconsultant. All coverage for subconsultants is subject to all of the requirements included in these specifications. 10. Not a Limitation of Other Obligations. 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, ham: / /www.fms.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. Page 6 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C: \User \n cyi \A pData\Local\Microsoft \Windows \Temporary Internet Files \Content,Outlook \7QJ7NFQ9\FINAL WE Two -Party Consultant Agreement_Media 2015- 03- 17��44g a'&e� — Page 91 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 (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 5 of the Chula Vista Municipal Code. ARTICLE I1. 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. Hourly rates to be paid for consultant services are outlined in Exhibit B Rate Schedule. 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. - - - -- - -Page -7 -- Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015- 03- 17t�cceppData\Local \Microsoft \Windows \Temporary Internet Files \COntent.011t look \7QJ7NFQ9\FINAL MJE_Two -Party Consultant Agreement_ Media page 92 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 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 III. 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 -- -Page 8- Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015 -03 -17 EI�gc oapyc'�\eCPData\Local\Microsoft \Windows \Temporary Internet Files \Content Outlook \7QJ7NFQ9 \FINAL MJE Two -Party Consultant Agreement_ Media page 93 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 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 party 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. --Page-9--- Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. User n c A p'ata\Local\Mic",,fl \Windows \Temporary Internet Files \Content.0utlook \7QJ7NFQ9 \FINAL WE Two -Party Consultant Agreement_Media 2015 -03 -17 ���cmke� — Page 94 1. Estimating 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 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). 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 performance of the Defined Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or 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 - - P-age -10 - Two Party Agreement Between the City of Chula vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C:\Users\nancym\AppData\LocaiMcrosoft\Windows\Teinporary Internet Files \Content.Outlook \7QJ7NFQ9\FINAL MJE Two -Party Consultant Agreement_ Media 2015- 03- 17ft "d&Packet — Page 95 obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 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.1. 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. 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 ati�ons. 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 — — Page -1 -1 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015- 03- 17QU�se�rs� \na�cycn \e�pData\Local\Microsoft \Windows \Temporary Internet Files \ContentAutlook \7QJ7NFQ9\FINAL MJE Two -Party Consultant Agreement Media page 96 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, 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. 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. Page 12 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015 -03 -17 Y g4AV% pData\L.ocal\Microsoft \Windows \Temporary Internet Files \Content,Outtook \7QJ7NFQ9 \FINAL MJE_Two -Party Consultant Agreement_ Media page 97 mg, oc 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 Obligations 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. 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 - Page -1 -3 Two Parry Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015 -03 -17 ,rA,pyv pData\Local\Microsoft\Windows \Temporary Intemet Files\ Content. Outlook \7QJ7NFQ9\FINAL MJE_Two -Party Consultant Agreement_ Media Page 98 1 mg. oc 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. L. Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in 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. Page 14 Two Party Agreement Between the City of Chula vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015- 03- 17�tAW pDat NL.c..I M,c,o,.ft \Windows \Temporary Internet Files \Content,Outlook \7QJ7NFQ9\F[NAL MJE_Two -Party Consultant Agreement_ Media page 99 i mg. oc Signature Page to Agreement between City of Chula Vista and MJE Marketing Services, Inc. To Provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign 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 IN Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney Mary Casillas Salas, Mayor MJE Mark ' g S ices, Inc. By: ' ar ee J. Ehr Id Pre dent & Creat a irector Exhibit List to Agreement: Exhibits A and B Page 15 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015 -03 -17 ' Used n c eLpplata \L ... I\ licrosoft \Windows \Temporary Internet Files \Content.0utlook \7QJ7NFQ9\FINAL MJE Two -Party Consultant Agreement_ Media page 100 Exhibit A to Agreement between City of Chula Vista and MJE Marketing Services, Inc. 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 ( ) The Chula Vista Public Financing Authority, a ( ) The Chula Vista Industrial Development Authority, a ( ) Other: (City) 3. Place of Business for City: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: MJE Marketing Services, Inc. 5. Business Form of Consultant: () Sole Proprietorship ( ) Partnership (X) Corporation a [insert business form] 6. Place of Business, Telephone and Fax Number of Consultant: 3111 Camino del Rio North, Ste. 100, San Diego, CA 92108 Phone: (619) 682 -3841 Fax: (619) 682 -3844 7. General Duties: Provide Media Buying, Education/Promotion, and Graphics Support for South Bay /East County Regional Used Oil Program (composed of eight cities, of which six will participate in this effort) Page 16 Two Parry Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015- 03- 17CU�see \nancytq A ata\Local\Microsott\Windows \Temporary fnternet Files \Content.0utlook \7QJ7NFQ9\FINAL MJE Two-Party Consultant Agreement_ Media page 101 and the County of San Diego to implement a robust education and marketing campaign to promote two concepts: 1) the proper disposal of used motor oil and filters and 2) "Check Your Number" campaign. 9. Scope of Work and Schedule: A. Detailed Scope of Work: 1. Develop a creative and innovative education/promotion campaign that helps achieve the goals and objectives of the used motor oil awareness initiative 2. Propose a draft media campaign and schedule 3. Media buy to include a variety of media including but not limited to radio, television, print, out of home, transit, social media, and any other proposed traditional and non- traditional media approved by project manager. 4. Present rationale for all media buy recommendations 5. Provide media buying and negotiate the approved final media campaign and schedule 6. Prepare budgets, estimates, and education/promotion campaign schedule. 7. Manage within the approved budget and provide formal bid packages for all expenses $10,000 and above. 8. Share all media proposals with the City of Chula Vista project team 9. Manage media contract negotiations, reconcile invoices, and verify placement 10. Pay all media invoices. Consultant may submit to City invoices for pre - payment of approved media buys. 11. Create a production schedule and ensure timely production, trafficking, and placement of creative components of the media buy 12. Suggest alternative education/promotion ideas 13. Provide marketing support, as needed and on a preapproved and agreed upon hourly rate, assist with the development of graphics and promotion concepts for the campaign 14. Provide graphic design support, as needed and on a preapproved and agreed upon hourly rate 15. Provide translation of documents into other languages on a preapproved and agreed upon hourly rate 16. Negotiate rates with media outlets in order to receive low -cost placements as well as to leverage premium positioning within advertising space 17. Negotiate rates with media outlets associated with the production of television and /or radio advertisements 18. Identify, track and report value -added services and opportunities implemented as part of the media buying 19. Provide a detailed accounting and provide copies of all proposals, agreements, and insertion orders. In addition, Consultant will provide an itemized accounting of all expenses paid, including copies of cancelled checks. Any funds remaining on account with Consultant after payment of all expenses will be remitted to City of Chula Vista. Page 17 Two Party Agreement Between the City of Chula vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015- 03- 17�ir� \�a�v&\ &ppData \Local\Microsoft \Windows \Temporary Internet Files \Content.0utlook \7QJ7NFQ9\FINAL MJE_Two -Party Consultant Agreement_ Media Page 102 mg. oc B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Deliverable No. 2: Deliverable No. 3: D. Date for completion of all Consultant services: March 30, 2016 9. Materials Required to be Supplied by City to Consultant: 10. Compensation: A. ( ) Single Fixed Fee Arrangement. 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 F () 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 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. Page 18 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015-03-17 *r pSv pDataU.ocal\Microsoft\Windows \Temporary Internet Files \Content.Ootlook \7QJ7NFQ9�FINAL MJE_Two -Party Consultant Agreement Media page 103 mg. oc B. ( ) 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 1. Fee for Said Phase 3. $ () 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. C. (X) 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 Exhibit B 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 Page 19 Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Supportfor Used Motor Oil Campaign. 2015 -03 -17 1 � ,,tOa v pData\Local \Microsoft \Windows \Temporary Internet Files \Content.OUtlook \7QJ7NFQ9 \FINAL MJE_Two -Party Consultant Agreement_ Media page 104 i mg, oc the Defined Services herein required of Consultant, including all Materials, and other "reimbursables" (Maximum Compensation). (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time not to exceed $60,000 and materials /direct costs not to exceed $540,000 (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: ( ) None, the compensation includes all costs. O (X) Reports, not to exceed $ Copies, not to exceed $ Travel, not to exceed $ Printing, not to exceed $ Postage, not to exceed $_ Delivery, not to exceed $ Outside Services: Cost or Rate Other Actual Identifiable Direct Costs: Media buy including but not limited to radio, television, print, out of home, transit, social media, and any other proposed traditional and non - traditional media approved by project manager not to exceed $540,000: $540,000 Consultant to develop a budget for all direct costs for Used Motor Oil and Check your Number Campaigns including but not limited to radio, television and /or print advertising; out of home; transit; printing /production costs; translation; or other items agreed to by the parties. Actual direct costs not to exceed $540,000. 12. Contract Administrators: City: Anne Steinberger Page 20 Two Parry Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C:\ Users \nancym\AppData \Local\Microso@ \Windows \Temporary Internet Files\ Content .Outlook \7QJ7NFQ9\FINAL MJE Two -Party Considtant Agreement_ Media 2015- 03- 17Blgatgd&Packet — Page 105 Consultant: Marlce Ehrenfeld 13. Liquidated Damages Rate: ( ) $ per day. ( ) Other: 14. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code (Chula Vista Municipal Code chapter 2,02): ANot Applicable. Not an 1'PPC Filer. ( ) I+PPC Filer ( ) Category No. i . Investments, sources of income and business interests. ( ) Category No. 2. Interests in real property. Category No. 3. Investments, business positions, interests in real property, and sources of income subject 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. 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. Category No. b. 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. () List Consultant Associates interests in real property within 2 radial miles of Project Property, if any: Page 21 TWV AMy Agrremenf Sffwern the Gry of Chula Kwo 4nd WE Mar*rfing,Grrkrr. lnr., to pmWdr .lftfia Buying, Eefncmfow7ronmtfon. and Grapkks Sifpporr for Usee! Mofar OU Camp algn —` (:- U+urratprel+Ap�(k,e, j.,exf+ \f,no,ell:wf, ,ter.. y rmtrnd F,ie�C,rrrnt flutiori.•�Qr:NFf F[N. \l. t.LT._ruvPxir C +�attsse wbrerntee_AkA, 2015 -03 -17 Agenda Packet Page 106 15. ( ) Consultant is Real Estate Broker and /or Salesman 16. Permitted Subconsultants: 17. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly O Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month () 15th Day of each Month () End of the Month () Other: C. City's Account Number: [TO BE ASSIGNED] 18. Security for Performance Performance Bond, $ 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: Page 22- Two Party Agreement Between the City of Chula Vista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. C:\ Users \nancym\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content,0utlook \7QJ7NFQ9\FINAL WE Two -Party Consultant Agreement_ Media 2015- 03- 17Agib t cPacket — Page 107 ( ) 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. Page-2.3- Two Party Agreement Between the City of Chula rista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promolion, and Graphics Support for Used Motor Oil Campaign. C:\ Users \nancym\AppData \Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook \7QJ7NFQ9 \FINAL MJE Two -Party Consultant Agreement_ Media 2015- 03- 17fa@,dacPacket — Page 108 Exhibit B Rate Schedule MJE Marketing Services Cost Breakout RFP P08.14/15 Task: Develop Creative Concepts Staff Member Hourly Rate I Task Hours Total Marlee J Ehrenfeld, Creative Director $195,001 20 $3,900.00 Aaron Ishaeik, Senior Art Director $155.00 40 $6,200.00 Tarsha Morant, Chief Marketing Officer $155.00 10 $1,550.00 Andrew Aiello- Hauser, Marketing Director $155.00 10 $1,550.00 Walker La Fee, Graphic Designer $85.00 30 $2,550.00 Sub-Total: $15,750.00 Task: ❑evelop Media Buying Plan Staff Member Hourly Rate Task Hours Total Marlee J Ehrenfeld, Creative Director $195.00 8 $1,560.00 Gloria Valenti Gervak, Media Buyer $13000 40 $5,200.00 Andrew Aiello-Hauser, Marketing Director $15500 10 $1,550.00 Tarsha Morant, Chief Marketing Officer $15500 8 $1,240.00 Sub - Total: $9,550.00 Task: Implement Media Buying Plan Staff Member Hourly Rate Task Hours Total Madee J Ehrenfeld, Creative Director $195.00 B $1,560.00 Gloria Valenti Gervak, Media Buyer $130.00 40 $5,200.00 Andrew Aiello- Hauser, Marketing Director $155.00 8 $1,240.00 Tarsha Morant, Chief Marketing Officer $155.00 20 $3,100.00 Amber Lingle, MarComm Manager $125.001 8 $1,000.00 Sub - Total: $12,100.00 MJE Marketing Services Page 24 Two Party Agreement Between the City of Chula rista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promotion, and Graphics Support for Used Motor Oil Campaign. 2015- 03 -17U ergaVl oipData\ Local \Microsoft\Windows \Temporary fntemet Files \Content,0utlook \7QJ7NFQ9 \FINAL MJE Two-Party Consultant Agreement_ Media page 109 MJE Marketing Services Cost Breakout RFP POS -14/15 Task: Other Tasks - Art direction and graphic design; p rod uctlon of all collateral, web ban nara, social media materials; meetings; account management; accounting. Staff Member Hourly Rate Task Hours Total Marlee J Ehrenfeld, Creative Director $195.00 30 $5,850.00 Tarsha Morant, Chief Marketing Officer $155.00 20 $3,100.00 Aaron Ishaeik, Senior Art Director $155.00 48 $7,440.00 Amber Lingle, MarComm Manager $125.00 20 $2,500.00 Walker LaFee, Production Artist $85.00 40 $3,400.00 Sub- Total; $22,290.00 TOTAL: $59,690.00 MJE Marketing Services page 25 Two Party Agreement Between the City of Chula rista and MJE Marketing Services, Inc., to provide Media Buying, Education/Promodon, and Graphics Support for Used Motor Oil Campaign. C:\ Users \nancym\AppData\Local\Microsoff \Windows \Temporary [ntemet Fil es \Content.Outlook \7QJ7NFQ9\F[NAL MJE Two-Party Consultant Agreement_ Media 2015- 03- 17rPacket Page 110 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE USED MOTOR OIL AND FILTER RECYCLING MEDIA CAMPAIGN TO MJE MARKETING SERVICES FOR MEDIA BUYING, EDUCATION AND PROMOTION, AND GRAPHICS SUPPORT IN THE AMOUNT OF $600,000 WHEREAS, Public Resources Code sections 40000 et seq. authorizes the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs in furtherance of the State of California's efforts to reduce, reuse, and recycle solid waste generated in the state, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, the California Oil Recycling Enhancement Act (Act), administered by CalRecycle, is a law designed to reduce the potential for illegal disposal of used lubricating oil by increasing used motor oil and filter collection; and WHEREAS, the Act provides funding to jurisdictions solely for the purpose of establishing and maintaining a network of local used motor oil and filter collection and recycling opportunities, funding outreach efforts designed to inform and motivate the public to recycle used motor oil and filters, and use re- refined motor oil in their vehicles and equipment; and WHEREAS, the City of Chula Vista, as the lead agency for the South Bay and East County jurisdictions' Used Oil Program (Coronado, El Cajon, Imperial Beach, La Mesa, Lemon Grove, National City, and Santee), applied for and was awarded a two -year, reimbursable grant from CalRecycle for $916,800 towards this work; and WHEREAS, this grant is supplemental to the work of the existing program by increasing education and outreach activities through various mediums such as commercials, coordinated outdoor advertising, and continued funding support for a regional informational hotline and online database; and WHEREAS, on January 14, 2015, the Environmental Services Section of the Public Works Department posted an RFP for media buying services in the amount of $600,000; and WHEREAS, on January 29, 2015, the Purchasing Manager received seven (7) sealed bids for the Used Motor Oil and Filter Recycling Media Campaign for media buying, education and promotion, and graphics support; and WHEREAS, the seven (7) sealed bids were received from the following agencies: 2015 -03 -17 Agenda Packet Page 111 Ark Marketing & Media Solutions, Brown Marketing Strategies, Cook & Schmid, KHB Marketing Group, Mancuso Media, MJE Marketing Services, and The Starmack Group; and WHEREAS, all bids were evaluated for their capacity to bring creative design and added value to the campaign; and WHEREAS, interviews of the top three candidates, MJE Marketing Services, Brown Marketing Strategies, and Ark Marketing & Media Solutions, were performed on February 13, 2015; and WHEREAS, MJE Marketing Services proved to be the most competitive agency. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it accepts bids and awards a contract for the Used Motor Oil and Filter Recycling Media Campaign to MJE Marketing Services for media buying, education and promotion, and graphics support in the amount of $600,000, between the City and MJE Marketing Services, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of which shall be kept on file in the office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Anne Steinberger, Director Glen R. Googins Communications Department City Attorney Richard Hopkins, Director Public Works Department 2015 -03 -17 Agenda Packet Page 112 CITY OF CHULA VISTA File #: 15 -0050, Item #: 9. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE CO- LOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF OLYMPIC PARKWAY AND LA MEDIA ROAD, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY This Joint Use Agreement is for the co- location of water facilities owned by the City of San Diego within future segments of Olympic Parkway and La Media Road, within Otay Ranch Village 2 (V2). The agreement outlines each party's responsibilities and obligations for the public right of way that is being used jointly for streets, landscaping, sewer, storm drains, the City of San Diego's water facilities, and other utilities authorized under the City of Chula Vista's franchise agreements. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that approval of a Joint Use Agreement between the City of San Diego and the City of Chula Vista that defines the responsibilities and obligations for use of an easement is not a "Project" as defined under Section 15378 (b)(2) of the State CEQA Guidelines because approval of the agreement is a continuing administration activity; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary BOARD /COMMISSION RECOMMENDATION Not applicable DISCUSSION On November 4, 2014, with the adoption of Resolution 2014 -209, the City Council approved a Tentative Subdivision Map within Otay Ranch Village 2 North, Track No. 12 -02 subject to the condition that the developer, Baldwin & Sons, LLC. (Baldwin), relocate the existing City of San Diego aqueducts within future segments of Olympic Parkway and La Media Road (see Attachment 1). Baldwin has entered into an agreement with the City of San Diego to perform the actual relocation of water facilities to Olympic Parkway and future La Media Road, all within V2. City of Chula Vista 2015 -03 -17 Agenda Packet Page 1 of 2 Printed on 3/12/2015 powered by LegistarT"^ Page 113 File #: 15 -0050, Item #: 9. The intent of this joint use agreement is to set forth the rights and obligations of the City of Chula Vista and the City of San Diego in the construction, operation and maintenance of their respective facilities within the Joint Use Area. The joint use agreement calls for the continued operation of each municipality's respective facilities and states that neither municipality has prior rights. The agreement becomes effective once the City of San Diego approves this agreement. 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 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 project supports the City's Strategic Plan goals. The Economic Vitality is supported by generating new property taxes. The Healthy Community is supported by walkable community design. The Strong and Secure Neighborhoods goal is supported by sustainable infrastructure as detailed in the Otay Ranch Village 2 SPA plan. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact cost. All cost for relocating the pipeline will be provided by Baldwin. ONGOING FISCAL IMPACT After completion of the project, maintenance costs will be embedded in the various asset management elements of the respective facilities (i.e. pavement, storm drain, sewer and open space district maintenance of landscaping). STAFF CONTACT For any questions regarding this agreement, please contact Jamal Naji, Associate Civil Engineer, at (619)409 -5921, or at email address jnaji @chulavistaca.gov. ATTACHMENTS Attachment No. 1 Attachment No. 2 City of Chula Vista 2015 -03 -17 Agenda Packet Location Map Joint Use Agreement between the City of San Diego and the City of Chula Vista Page 2 of 2 Printed on 3/12/2015 powered by LegistarT"^ Page 114 EXHIBIT "A" LEGAL DESCRIPTION EXISTING JOINT USE AREAS THOSE PORTIONS OF THAT LAND SHOWN AND DESCRIBED AS THE "PROPERTY" IN THAT CERTAIN GRANT DEED TO BALDWIN & SONS, LLC, RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY AUGUST 12, 2014 AS DOC. NO. 2014- 0344932, OF OFFICIAL RECORDS, LYING WITHIN A PORTION OF LOT 31 OF THE OTAY RANCHO ACCORDING TO MAP THEREOF NO. 862, FILED IN THE OFFICE OF SAID COUNTY RECORDER FEBRUARY 7, 1900, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL A BEING A 63.00 FOOT WIDE STRIP OF LAND LYING 31.00 FEET NORTHWESTERLY OF AND PARALLEL WITH AND 32.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SANTA DIANA ROAD DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 11 -05 OTAY RANCH VILLAGE 2 NORTH "A" MAP NO. 2 AND OTAY RANCH VILLAGE 2 NORTH NEIGHBORHOOD R -5B UNIT NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15865 FILED IN THE OFFICE OF SAID COUNTY RECORDER MAY 7, 2012, AND THE WESTERLY LINE OF SAID "PROPERTY ", SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AND DESCRIBED ON SAID MAP NO. 15865 AS "N66 017'20 "E, 581.27 "', THENCE LEAVING SAID WESTERLY LINE ALONG THE NORTHEASTERLY EXTENSION OF SAID CENTERLINE NORTH 66 017'20" EAST, 50.06 FEET TO A POINT ON THE EASTERLY LINE OF SAID "PROPERTY ", SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THE CENTERLINE OF SANTA DIANA ROAD DEDICATED TO THE CITY OF CHULA VISTA PER EASEMENT FOR STREET AND PUBLIC UTILITY PURPOSES RECORDED OCTOBER 4, 2007 AS DOC. NO. 2007 - 0644154, OF OFFICIAL RECORDS, SHOWN AS "N66 017'20 "E, 875.21 "', BEING ALSO THE POINT OF TERMINUS. PAGE 1 OF 3 :ML M: \2807 \31 \Legal Description\A15 JUA Exhibit A- Existing JU Areas - Crossings.docx 2015- 03- 17tW0R 11/26/14 Page 115 THE SIDELINES OF THE HEREINABOVE DESCRIBED 63.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED TO TERMINATE SOUTHWESTERLY IN THE WESTERLY LINE OF SAID "PROPERTY" AND NORTHEASTERLY IN THE EASTERLY LINE OF SAID "PROPERTY ". THE HEREINABOVE DESCRIBED 63.00 FOOT WIDE STRIP OF LAND CONTAINS 0.072 ACRES, MORE OR LESS. PARCEL B BEING AN 83.00 FOOT WIDE STRIP OF LAND LYING 46.00 FEET NORTHWESTERLY OF AND PARALLEL WITH AND 37.00 FEET SOUTHEASTERLY OF AND PARALLEL WITH THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF SANTA VICTORIA ROAD AS DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 06 -05 OTAY RANCH VILLAGE 2 NEIGHBORHOOD R -15A, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15862 FILED IN THE OFFICE OF SAID COUNTY RECORDER APRIL 4, 2012 AND THE EASTERLY LINE OF SAID "PROPERTY ", SAID POINT BEING THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AND DESCRIBED ON SAID MAP NO. 15862 AS "N66 017'20 "E, 194.48 "'; THENCE LEAVING SAID EASTERLY LINE ALONG THE SOUTHWESTERLY EXTENSION OF SAID CENTERLINE SOUTH 66 017'20" WEST, 50.06 FEET TO A POINT IN THE WESTERLY LINE OF SAID "PROPERTY ", SAID POINT BEING THE NORTHEASTERLY TERMINUS OF THE CENTERLINE OF SANTA VICTORIA ROAD DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 11 -05 OTAY RANCH VILLAGE 2 NORTH "A" MAP NO. 2 AND OTAY RANCH VILLAGE 2 NORTH NEIGHBORHOOD R -5B UNIT NO. 1, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15865 FILED IN THE OFFICE OF SAID COUNTY RECORDER MAY 7, 2012, SHOWN AS "N66 017'20 "E, 619.35 "', BEING ALSO THE POINT OF TERMINUS. THE SIDELINES OF THE HEREINABOVE DESCRIBED 83.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED TO TERMINATE SOUTHWESTERLY IN THE WESTERLY LINE OF SAID "PROPERTY" AND NORTHEASTERLY IN THE EASTERLY LINE OF SAID "PROPERTY ". PAGE 2 OF 3 :ML M: \2807 \31 \Legal Description\A15 JUA Exhibit A- Existing JU Areas - Crossings.docx 2015- 03- 17tW0R 11/26/14 Page 116 THE HEREINABOVE DESCRIBED 83.00 FOOT WIDE STRIP OF LAND CONTAINS 0.095 ACRES, MORE OR LESS. PARCEL C BEING A 58.00 FOOT WIDE STRIP OF LAND LYING 29.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF ORTEGA STREET AS DEDICATED TO PUBLIC USE PER SAID MAP NO. 15862 AND THE EASTERLY LINE OF SAID "PROPERTY ", SAID POINT BEING THE WESTERLY TERMINUS OF THAT CERTAIN CURVE SHOWN AND DESCRIBED ON SAID MAP NO, 15862 AS "DELTA 28 020'58 ", R= 400.00' L= 197.92 "', A RADIAL LINE TO SAID POINT BEARS NORTH 15 005'28" WEST; THENCE LEAVING SAID EASTERLY LINE WESTERLY ALONG THE WESTERLY EXTENSION OF SAID 400.00 FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 07 013'56" A DISTANCE OF 50.49 FEET TO A POINT ON THE WESTERLY LINE OF SAID "PROPERTY ", A RADIAL LINE TO SAID POINT BEARS NORTH 22 °19'23" WEST, SAID POINT BEING THE POINT OF TERMINUS. THE SIDELINES OF THE HEREINABOVE DESCRIBED 58.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED TO TERMINATE SOUTHWESTERLY IN THE WESTERLY LINE OF SAID "PROPERTY" AND NORTHEASTERLY IN THE EASTERLY LINE OF SAID "PROPERTY ". THE HEREINABOVE DESCRIBED 58.00 FOOT WIDE STRIP OF LAND CONTAINS 0.067 ACRES, MORE OR LESS. LAND SCR \.ps � b Z2_10 L.S. 8553 DOU 8"B. ROUP L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. qTF OF cALiFOe� PAGE3OF3 :ML M:1280MlXLegal DescriplionW15 JUA Exhibit A- Existing JU Areas- Crossings.docx 2015- 03- 17VW!295 -ft 11126114 Page 117 EXHIBIT 1 �B SHEET 1 OF 3 EXISTING JOINT USE AREAS j l rl�lr� r 1� /G) R�� I p �0 ? k PIN LAND DEEDED TO BALDWIN & �` \ SONS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY THE CITY \ tip" ' OF SAN DIEGO PER GRANT DEED RECORDED AUGUST 12, 2014 AS DOC. NO. 2014 - 0344932, O.R. �✓ �� l\ijAF l3J5, J � CIF 0 C n CAE S 0 200 400 600 SCALE 1"=200' ® INDICATES EXISTING JOINT USE AREAS HUNSAKER P.O.C. INDICATES POINT OF COMMENCEMENT & ASSOCIATES N D I E D O, I N G T. P.O.B. INDICATES TRUE POINT OF BEGINNING S A PLANNING 9707 Waples Street P.O. T INDICATES POINT OF TERMINUS ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558.4500• FX(858)558.1414 R. \0617\ &Mop \EX JUA Exhibit B— Existing SHT 01.dwg[]Nov -26- 2014:10:48 W.O. 2807 -0031 2015 -03 -17 Agenda Packet \1 / ANAPAMU STREET r r / - ORTEGA,STR ET_ mo Page 118 0 r EXHIBIT "B " EXISTING JOINT USE AREAS \ ) r \ � \ rr R r DF 2D]4-DID \ oSTEPROPER \ �✓ C g RAY I!R,�'�\ `-•� WEST PRoPE \ CDI\iJP 7172 SA P\ o1' , w — 59,. _ N2E 561.2 ROPp� N66o1� 2 TP O N 15865. SPN p,P OF R M PORO1GP Ep NE % OE I DT l 1\/jAp 15959 EL i i i IP SHEET 2 OF 3 N QA \ 01. �o 1,20^E P• 1 60, 06 00 \ o 0 40 80 120 \ \ SCALE 1"=40' HUNSAKER & ASSOCIATES S A N D I E G O , I N C PLANNING 9707 Waples Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558.4500• FX(858)558.1414 R. \0617\ &Mop \EX JUA Exhibit 8- Existing SHT 02.dwg[]Nov -26- 2014 :11:03 W.O. 2807 -0031 � p \ —' z Zoo \ N0 \ ono �< v C) v �\ 07 �ZA n0 Opy Nn -y Q 3T�� O Q v Z p ?� o\ N N�O� v \ \ 2015 -03 -17 Agenda Packet Page 119 EXHIBIT EXISTING JOINT IJ J j \/jAF 15959 „B USE AREAS i SHEET 3 OF 3 0 40 80 120 SCALE 1"=40' SANTA ll, N � I VICTORIA P.O.T. N66 °1720'E 619.35' � ROADI P 0•B I - _ PORTION OF SANTA N66 °1720 E 50.06' w I N66 °1720 "E 194.48' 1 - - _ _ I VICTORIA ROAD DEDICATED PER MAP NO. 15865. v � 1 PORTION OF SANTA VICTORIA ROAD 1 DEDICATED PER MAP N0. 15862 I I I PARCEL B 50' – WESTERL Y LINE ('0 11 OF PROPERTY" co -io Q) Z L r J O 1 \/jAF j5-1350 oo< z W 1 ti'r)l�� ti000 °-To C 5 Z s@ N h d =07° � N22 °19'23"W(R) R_ 13 '56 — L =5p 00 P.D.T. n� P.O.B. HUNSAKER & ASSOCIATES S A N D I E D O, 1 N C PLANNING 9707 Waples Street ENGINEERING San Diego, Ca 92121 SURVEYING PH(858)558.4500• FX(858)558.1414 R. \0617\ &Mop \EX JUA Exhibit 8— Existing SHT 03.dwg[ Vov -26- 2014 :11:04 W.O. EASTERL Y LINE OF 'PROPERTY" ti rn NS 1\1JAF 15852 0 PARCEL C %/v2( 24 59 29.54- I /V/S.O. 1 4 ,z8 oft S& \ I OFO� 41-e,q 00. ��' lF� 0 \ �Llgp S'l,QFFT fig] NO ,S66 ?. ' -0031 2015 -03 -17 Agenda Packet Page 120 EXHIBIT "C" LEGAL DESCRIPTION FUTURE JOINT USE AREA THOSE PORTIONS OF LA MEDIA ROAD DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 05 -09 OTAY RANCH VILLAGE 7 "A" MAP NO. 1 ACCORDING TO MAP THEREOF NO. 15134 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY SEPTEMBER 27, 2005 AND CHULA VISTA TRACT NO. 02 -05 OTAY RANCH VILLAGE 6 UNIT 2 "A" MAP NO. 1 ACCORDING TO MAP THEREOF NO. 14447 FILED IN THE OFFICE OF SAID COUNTY RECORDER SEPTEMBER 18, 2002 AND CITY TRACT NO. 02 -03 MCMILLIN OTAY RANCH VILLAGE 6, "A" MAP ACCORDING TO MAP THEREOF NO. 14432 FILED IN THE OFFICE OF SAID COUNTY RECORDED AUGUST 30, 2002 TOGETHER WITH THOSE PORTIONS OF OLYMPIC PARKWAY DEDICATED TO PUBLIC USE PER CHULA VISTA TRACT NO. 98 -04 MCMILLIN OTAY RANCH SPA 1 PHASE 3 ACCORDING TO MAP THEREOF NO. 13884 FILED IN THE OFFICE OF SAID COUNTY RECORDER DECEMBER 8, 1999 AND CHULA VISTA TRACT NO. 96 -04A OTAY RANCH VILLAGE 1 "A" MAP NO. 2 ACCORDING TO MAP THEREOF NO. 13990 FILED IN THE OFFICE OF SAID COUNTY RECORDER JUNE 27, 2000, ALL IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING A 40.00 FOOT WIDE STRIP OF LAND LYING 20.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF LOT "C" OF CHULA VISTA TRACT NO. 06 -05 OTAY RANCH VILLAGE 2 AND PORTIONS OF VILLAGE 4 "A" MAP, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15350 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY MAY 26, 2006, SAID POINT ALSO BEING ON THE WESTERLY SIDELINE OF LA MEDIA ROAD DEDICATED PER SAID MAP NO. 15134; THENCE ALONG THE SOUTHERLY SUBDIVISION BOUNDARY OF SAID MAP NO. 15134 NORTH 71 057'57" EAST, 33.40 FEET TO A LINE LYING 32.00 FEET EASTERLY OF AND PARALLEL WITH SAID WESTERLY SIDELINE AND THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 34 039'20" WEST, 761.41 FEET TO THE BEGINNING OF A 3032.00 FOOT RADIUS PAGE 1 OF 4 :ML M: \2807 \31 \Legal Description\A16 JUA Exhibit C- Future JU Area.docx 2015- 03- 17tW0R 11/26/14 Page 121 CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 35 047'15" A DISTANCE OF 1893.81 FEET; THENCE NORTH 01 °07'54" EAST, 715.03 FEET TO THE BEGINNING OF A 1476.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 013'17" A DISTANCE OF 31.46 FEET; THENCE NORTH 00 005'23" WEST, 155.69 FEET TO THE BEGINNING OF A 1524.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01 013'17" A DISTANCE OF 32.49 FEET; THENCE NORTH 01 007'54" EAST, 109.65 FEET; THENCE NORTH 06 027'23" WEST, 90.87 FEET; THENCE NORTH 01007'54" EAST, 161.69 FEET; THENCE LEAVING SAID PARALLEL LINE NORTH 03 046'28" EAST, 130.12 FEET; THENCE NORTH 01 °07'54" EAST, 170.87 FEET TO THE BEGINNING OF A 95.00 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 006'57" A DISTANCE OF 21.75 FEET TO THE BEGINNING OF A 135.00 FOOT RADIUS REVERSE CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 045'09" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 13 006'57" A DISTANCE OF 30.90 FEET TO A LINE LYING 32.00 FEET EASTERLY OF AND PARALLEL WITH THE WESTERLY SIDELINE OF SAID LA MEDIA ROAD; THENCE ALONG SAID PARALLEL LINE NORTH 01 007'54" EAST, 243.29 FEET TO THE BEGINNING OF A 2020.00 FOOT RADIUS CURVE CONCAVE WESTERLY; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 020'42" A DISTANCE OF 117.93 FEET TO THE BEGINNING OF A 4368.00 FOOT RADIUS COMPOUND CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 87 047'13" EAST; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 047'29" A DISTANCE OF 1508.82 FEET TO THE BEGINNING OF A 4366.00 FOOT RADIUS NON - TANGENT COMPOUND CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 66 059'30" EAST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 059'43" A DISTANCE OF 228.25 FEET TO THE BEGINNING OF A 4364.00 FOOT RADIUS NON - TANGENT COMPOUND CURVE CONCAVE SOUTHWESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 65 000'02" EAST, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 03 029'52" A DISTANCE OF 266.40 FEET; THENCE NORTH 28 029'50" WEST, 53.50 FEET TO THE BEGINNING OF A 50.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY; THENCE PAGE 2 OF 4 :ML M: \2807 \31 \Legal Description\A16 JUA Exhibit C- Future JU Area.docx 2015- 03- 17tW0f 11/26/14 Page 122 LEAVING SAID PARALLEL LINE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 89 033'20" A DISTANCE OF 78.15 FEET; THENCE SOUTH 61056,50" WEST, 170.24 FEET TO THE BEGINNING OF A 170.00 FOOT RADIUS CURVE CONCAVE NORTHERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 18 033'00" A DISTANCE OF 55.04 FEET TO THE BEGINNING OF A 210.00 FOOT RADIUS REVERSE CURVE CONCAVE SOUTHERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 09 030'10" WEST; THENCE WESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19 026'50" A DISTANCE OF 71.28 FEET TO A LINE LYING 32.00 FEET NORTHWESTERLY OF AND PARALLEL WITH THE SOUTHERLY SIDELINE OF SAID OLYMPIC PARKWAY; THANCE ALONG SAID PARALLEL LINE SOUTH 61003'00" WEST, 48.95 FEET; THENCE SOUTH 62 °00'21" WEST, 45.46 FEET TO THE BEGINNING OF A NON - TANGENT 2476.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 28 031'39" WEST, THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 010'44" A DISTANCE OF 180.59 FEET TO THE BEGINNING OF A 3968.00 FOOT RADIUS COMPOUND CURVE CONCAVE SOUTHEASTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 32 042'23" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 041'07" A DISTANCE OF 324.48 FEET; THENCE SOUTH 52 036'30" WEST, 531.20 FEET TO THE BEGINNING OF A 4032.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 04 035'30" A DISTANCE OF 323.13 FEET; THENCE SOUTH 57 012'00" WEST, 1010.45 FEET TO THE BEGINNING OF A 9968.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 02 004'00" A DISTANCE OF 359.55 FEET; THENCE SOUTH 55 008'00" WEST, 918.09' FEET TO A POINT IN THE CENTERLINE OF THAT CERTAIN WATER EASEMENT GRANTED TO THE CITY OF SAN DIEGO PER GRANT DEED -WATER EASEMENT RECORDED MARCH 7, 2008 AS DOC. NO. 2008 - 0121847, OF OFFICIAL RECORDS, SAID POINT LYING 18.00 FEET NORTHWESTERLY FROM THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AND DESCRIBED IN PARCEL "B" OF SAID WATER EASEMENT AS "N34 052'00 "W, 20.00 "', SAID POINT ALSO BEING THE POINT OF TERMINUS. PAGE 3 OF 4 :ML M: \2807 \31 \Legal Description\A16 JUA Exhibit C- Future JU Area.docx 2015- 03- 17tW0f 11/26/14 Page 123 EXCEPTING THEREFROM THE HEREINABOVE DESCRIBED 40.00 FOOT WIDE STRIP OF LAND ANY PORTION OF SAID WATER EASEMENT. THE SIDELINES OF THE HEREINABOVE DESCRIBED 40.00 FOOT WIDE STRIP OF LAND TO BE SHORTENED OR LENGTHENED TO TERMINATE SOUTHEASTERLY IN THE SOUTHERLY SUBDIVISION BOUNDARY OF SAID MAP NO. 95134 AND NORTHWESTERLY IN THE SIDELINES OF SAID WATER EASEMENT. THE HEREINABOVE DESCRIBED 40.00 FOOT WIDE STRIP OF LAND CONTAINS 9.935 ACRES, MORE OR LESS. DOUG S B. STROUP P.L.S. 8553 HUNSAKER & ASSOCIATES SAN DIEGO, INC. PAGE 4 OF 4 UAND S�\ �0 4 'd L.S. 8553 s,T� Ofi CA�� AL iV1:12$OMPLegai Description\A16 JUA Exhibit C- Future JU Area.docx 2015- 03- 17y296 -Ft 11/26/14 Page 124 EXHIBIT "D " FUTURE JOINT USE AREA 0 1000 2000 3000 SCALE 1" = 1000' VII l,4 -rj--E I 0 4 \ P.O.T. ' v 0 A Y RA]\lrfl-1 VII _/ A/ GEE' HERITAGE ROAD LEGEND: - - - - - INDICATES FUTURE JOINT USE AREA — — INDICATES SHEET LIMITS (THIS SHEET ONLY) INDICATES SHEET NUMBER (THIS SHEET ONLY) A0.C. INDICATES POINT OF COMMENCEMENT T. P.O.B. INDICATES TRUE POINT OF BEGINNING P, O, T, INDICATES POINT OF TERMINUS ( ) INDICATES RECORD DATA PER MAP NO. 15350 V SHEET 1 OF 4 O A Y RrI J\lrrl V1l I A GE 6 �\ SANTA \, VENETIA STREET BIRCH ROAD b � 2 \ a w LOT r j \i1r4 jP 15350 P.O.C. SE COR. LOT C MAP 15350 INDICATES RECORD DATA PER WATER EASEMENT TO THE CITY OF SAN DIEGO RECORDED MARCH 7, 2008 AS DOC. NO. 2008 - 0121847, 0. R. T P O. B. HUNSAKER & ASSOCIATES S A N D I E G q I N C PIANNING 97W WgAm SUeet MN®tING San Diego, Ca 92171 SURVEYING PH(858)558d5W- FX(858)5&1414 R :106171 &Mop \EX JUA Exhibit D— Future SHT Ol.dwg[]Nov -26- 2014:15 :50 W.O. 2807 -0031 r , i r� 2015 -03 -17 Agenda Packet Page 125 EXHIBIT "D SHEET 2 OF 4 FUTURE JOINT USE AREA SEE SHEET J l STATE STREET A I I I \/1AF 15350 0-1-A Y RAI\]rrl VI IAI Gr 1 Ul �� _ BIRCH ROAD -N01 °07'54 "E 161.69' -NO6 °27'23 "W 90.87' N01 °07'54 "E 109.65' -A =01 °13'17" R= 1524.00' L= 32.49' -N00 °05'23 "W 155.69' A =01 °13'17" R= 1476.00' L= 31.46' �z v o I cn o I I IrA �� II � 11 /` 11 Ua Co O A Y F-1141\lrrl W l,4 GE' 7 MAP 15134 I4�1 v PORTION OF LA MEDIA ROAD - DEDICATED PER MAP NO. 15134. CD \ W O \\ N \� O CP I \ \ Qo 0 500 1000 1500 \\ N0 , SCALE 1" =500' 20„ L OT r 20 MAP 15350 HUNSAKER & ASSOCIATES S A N D I E G q I N C P.O.C. SE COR. LOT C MAP 15350 PLANNING 97W Waphs Sued ENGNESUNG San Diego, Ca 92771 SURVEYING PH(858)S5M500• FX(=)S58.7474 R :106171 &Mop \EX JUA Exhibit D— Future SHT 02.dwg[]Nov -26- 2014:15 :39 W.O. 2807 -0031 SANTA L UNA STREET P.O.B. \� � 40, �\ 57„E N 711 5�,57^E) L (O 1- 28 07-14Y RAIVrrl0 2015 -03 -17 Agenda Packet Page 126 EXHIBIT "D 11 SHEET 3 OF 4 FUTURE JOINT USE AREA \j C 0 0, CD- c> 'C� �- �y-\ QA- O'tN CS •o o_ Q N61 °03'00 "E 48.95' N62 °00'21 "E 45.46' A =04 °10'44" R= 2476.00' L= 180.59' N32 °42'23" W R Z PORTION OF OLYMPIC t° PARKWAY DEDICATED (Z �� \ o PER MAP NO. 13990. \o l 0i30 -• o- iW HUNSAKER & ASSOCIATES S A N D I E D 01 I N C w Q -- o �, Cc- w N / PORTION OF OLYMPIC PARKWAY DEDICATED PER MAP NO. 13884. N28 °29'50 "W 53.50' A =03° °29'52" R= 4364.00' L= 266.40' \ N65 °00'02 "E� R =4364' \\ X63 °59'47 "E(R) R =4366' A =02 °59'43" R= 4366.00' L= 228.25' \\ \ N66 59'30 "E� R =4366' \ \ N 67 °59'43 "E(R) R =4368' 20 W rn 0 \\ N 1 ' b- 000 1 �= cc MAP 15824 32'- STATE STREET PORTION OF LA MEDIA ROAD DEDICATED PER MAP NO. 14432. 40' 07'A Y RANC-rl Vi L 114 rr J PORTION OF LA MEDIA ROAD DEDICATED PER MAP NO. 14447. N8 7 °47 13 "E(R) A =03° °20'42" R= 2020.00' L= 117.93' NO 1 °07'54 "E 243.29' -A =13 °06'57" R= 135.00' L= 30.90' N75 °45'0 % "W L -A=13 °06'57" R= 95.00' L= 21.75' -NO 1 °07'54 "E 170.87' -NO3 °46'28 "E 130.12' BIRCH ROAD NO 1 °07'54 "E 161.69' SEE SHEET 2 0 500 1000 1500 KMN1NG 9707 wapks Sum SCALE 1" =500' OCINEOUNG San Meg% Ca 97171 SURVMNG PFI(NO)SSgd500• FX(g58)S%U14 R :106171 &Mop \EX JUA Exhibit D— Future SHT 03.dwg[]Nov -26- 2014:16 :42 W.O. 2807 -0031 2015 -03 -17 Agenda Packet Page 127 EXHIBIT "D " SHEET 4 OF 4 FUTURE JOINT USE AREA 0 500 1000 1500 SCALE 1" =500' A/114F 13990 PORTION OF OLYMPIC PARKWAY - DEDICATED PER MAP NO. 13990. Q O% WATER \ MARCH 1p% moo_ `Jo moo_ i 5�D12p0 1p�p. Fri K'r'r I 4 .FM IJ,,--47J A =02 °04'00" L= 359.55' R= 9968.00' `!z c� o- EASEMENT TO THE CITY OF SAN DIEGO RECORDED 5, 2008 AS DOC. NO. 2008 - 0115275, O.R. WATER EASEMENT TO THE CITY 1 OF SAN DIEGO / �� PA f 008 AS DOC. NO. N/ j R E 6F 4 MARCH 7, p�0' �- -0- / \ \ 2008-0121847, 0. R. koe"� QO 0' CP z 60 AA 01 0 00 10V `p$ � WATER EASEMENT TO / HUNSAKER -' THE CITY OF SAN DIEGO & ASSOCIATES / RECORDED MARCH 5, / SAN DIEGO, INC \ 2008 AS DOC. NO. K"ING 97W Waples S„,e 2008- 0115275, O.R. /DETAIL ENGINEEIUNC San ems, Ca TM / SCALE: V=50' SURVEYING PH(85 )ZM500• MORIISSIll -UN R :106171 &Mop1EX JUA Exhibit D— Future SHT 04.dwg[]Nov -26- 2014:15 :47 W.O. 2807 -0031 2015 -03 -17 Agenda Packet Page 128 Recording Requested by and When Recorded Return to: City Clerk City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been raid or received. Above Space for Recorder's Use Only JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND THE CITY OF SAN DIEGO This JOINT USE AGREEMENT ( "Agreement") is made this day of , 2014, by and between the CITY OF CHULA VISTA, a municipal corporation ( "CV "), and THE CITY OF SAN DIEGO, a municipal corporation ( "SD ") (known together as the "Parties ") and is made with reference to the following facts: RFCTTA T .0 A. WHEREAS, SD is engaged in the activity of conveying water to the environs of City of San Diego, State of California; B. WHEREAS, certain water conveyance facilities owned by SD are located within CV, and on occasion, development within CV may be in conflict with SD's water transportation facilities ( "SD Water Facilities "); C. WHEREAS, the existing Otay 2nd Pipeline (Otay Pipeline), owned and operated by SD, crosses areas existing and to be constructed as public streets in the areas described in Exhibit "A" and shown on Exhibit "B" for Village 2 (V2) which exhibits are incorporated herein by this reference. The areas described on Exhibits A & B are hereinafter referred to as "Existing Joint Use Area "; D. WHEREAS, as a condition of approval of Chula Vista Tract 06 -05, CV required the project to execute a Joint Use Agreement with SD for the three road crossings over the existing Otay Pipeline. This agreement will satisfy that requirement; E. WHEREAS, Baldwin & Sons, LLC. (Baldwin), a developer of certain real property within CV, commonly known as Otay Ranch Village 2 (V2), amended the V2 development plan ( "Plan Amendment") on November 4, 2014; F. WHEREAS, certain features of the Plan Amendment are in conflict with the Otay Pipeline; October 23, 2014 Joint Use Agreement 2015 -03 -17 Agenda Packet Page 129 G. WHEREAS, as a condition of the approval of Baldwin's Plan Amendment and tentative map, Baldwin agreed to relocate the Otay Pipeline into an area described in Exhibit "C" and shown on Exhibit "D" for V2 which exhibits are incorporated herein by this reference. The areas described on Exhibits C & D are hereinafter referred to as "Future Joint Use Area "; H. WHEREAS, SD is willing to allow the relocation of the Otay Pipeline into the Future Joint Use Area and will thereafter operate and maintain the pipeline and associated facilities for such purpose located in, under and across that certain right -of -way previously dedicated to CV as Olympic Parkway and La Media Road on property located in San Diego County, California; G. WHEREAS, CV desires to construct, operate and maintain a future regional public transportation facility and related improvements, including but not limited to a bus guideway, landscape, sewer and storm drain pipelines and appurtenances, traffic signals and signal interconnections, irrigation lines and irrigation control devices along with existing facilities and other improvements located in, upon, over, under and across the Olympic Parkway and La Media Road rights -of -way; H. WHEREAS, Baldwin will perform the actual relocation of the Otay Pipeline which will result in the placement of the Otay Pipeline within the Future Joint Use Area and the abandonment of the Otay Pipeline from the Existing Joint Use Area; I. WHEREAS, upon completion of the Otay Pipeline relocation, the Otay Pipeline shall be abandoned, San Diego's existing easement in which the Otay Pipeline is currently located shall be vacated by SD, and any related joint use areas agreements associated with the relocated portions of the Otay Pipeline shall be terminated. J. WHEREAS, CV and SD desire to set forth their respective rights and obligations in the event of actual or potential present or future conflicts in the construction, operation or maintenance of their respective facilities within the Joint Use Area; NOW, THEREFORE, for mutual consideration, the sufficiency and receipt thereof is hereby acknowledged, the Parties hereby agree as follows: 1. Non - Interruption of Use or Operation of Facilities. Each party agrees and covenants not to permanently interrupt the use or operation of the other party's facilities located within that Joint Use Area. a. Temporary Interference. Any temporary interference by one Party with the use or operation of the other Party's facilities shall be made only with other Party's written consent. SD specifically agrees, except as provided in Section 1(f) below, that during any temporary interference it will neither cause any lane of CV's roadways to be closed for the entire length of such roads nor cause the flow of traffic to be reduced to less than two lanes on such roads. October 23, 2014 Joint Use Agreement 2 2015 -03 -17 Agenda Packet Page 130 b. Good Faith. All Parties agree and covenant to work in good faith with the other Parties to permit such temporary interference, and the Party whose facilities are being interfered with shall not unreasonably withhold its consent to such interference. c. Notice of Temporary Interference. i. Chula Vista Notice. Chula Vista shall contact City Engineer. ii. San Diego Notice. San Diego shall contact Deputy Director of Water Utilities Department. d. Coordination. Both Parties shall coordinate planned outages or interruptions for public events and construction work such that only one project is being constructed or conducted at any one time. Standard of Care. All work performed by either party or its representatives 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 and in compliance with the most recent edition of the Standard Specifications for Public Works Construction and San Diego Regional Supplement (Greenbook), and all repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. Each party shall bear its own costs, expenses, and losses. f. Emergency Repairs. Notwithstanding any contrary provision in this Section 1, in the event of damage caused by an act of God, War, or other casualty, or damage caused under circumstances where it would be impractical or impossible for one Party to notify the other Party of the necessity for temporary interference with the other party's facilities, the party creating the temporary interference may, without notice, enter upon the Joint Use Area and make emergency repairs to restore its service. The Party creating the temporary interference shall, however, take reasonable and prudent measures to protect the installations of the other party and minimize such interference, and as soon as practically possible, notify the other party of such emergency repairs. If permanent repairs are required after such emergency repairs have been made, reasonable notice shall be given to the other Party. In the event of any emergency situation, each Party will make all reasonable efforts to notify the other prior to such construction activities. 2. Neither Party First in Place. Neither SD nor CV shall be deemed the "Party First in Place" or prior in time with superior in title with respect to the Joint Use Area. 3. Utility Access. Except in the event that emergency access is necessary, which shall be treated in a manner consistent with paragraph 1(f), above, prior to any access of facilities within the Joint Use Area, the accessing party shall provide the other party with 48 hours notice. a. Conflict in timing. In the event that such access is not required by an emergency and such access is in conflict with work being or to be performed by one of the parties, the October 23, 2014 Joint Use Agreement 2015 -03 -17 Agenda Packet Page 131 party requiring access shall and the party then performing work shall use their best efforts to arrange a mutually convenient time for such access. 4. Future Relocation of Facilities. In the event that future construction (including expansion), operation or maintenance of SD's or CV's facilities shall cause the need for relocation of some or all of the other's facilities, such Party requiring relocation of the other's facilities shall make every reasonable effort to accommodate the other Party and avoid forcing such Party to relocate its facilities. If avoiding relocation is unavoidable or infeasible, the Party causing the relocation shall bear all costs, expenses and losses resulting from the relocation. Relocation shall not occur without the prior written consent of the Party whose facilities are being relocated, which consent shall not be withheld unreasonably. 5. Construction or Placement of Facilities. No Party shall place, construct, or permit the placement or construction of, any structure (excluding Street, curb, gutter, sidewalks, or light and sign posts) temporary or permanent, or any facility, on or in the Joint Use Area, without the prior written consent of the other Party. 6. Effective Date. The effective date of this Agreement shall be the later of the date Chula Vista and San Diego approve this Agreement. 7. Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the representatives, agents, successors, assigns and interests of the Parties as to any or all of the Joint Use Area, until released by the mutual consent of the Parties. 8. Agreement Runs with the Land. The covenants and terms contained in this Agreement shall create equitable servitudes on the property described in Exhibit "A" and Exhibit "C" and as shown in Exhibit `B" and Exhibit "D ". If such covenants are breached, both Parties shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach to which either Party or any other beneficiaries of this Agreement and the covenants may be entitled. 9. Vacation of Interests by San Diego. In the event that SD permanently terminates the use of the any Joint Use Area for the purposes set forth herein, SD shall agree to vacation of its easement pursuant to San Diego City Council Policy 600 -15 and California Streets and Highways Code sections 8300 through 8363 at no cost to CV. 10. Mutual Indemnification. Each Party ( "Indemnitor ") shall defend, indemnify, protect and hold harmless the other Party, its elected and appointed officers, agents and employees (collectively "Indemnitees ") 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 the Indemnitor, its officials, officers, employees, agents, and contractors, arising out of or in connection with the existence, location, condition or performance of any of Indemnitor's own facilities placed within the Joint Use Area. Costs shall include, but not be limited to consulting, engineering, mitigation, clean-up, containment, disposal, and legal costs incurred by the Indemnitee as a October 23, 2014 Joint Use Agreement 2015 -03 -17 Agenda Packet Page 132 result of abating a violations of local, state, or federal standards ( "Standards ") in any proceeding before any authority or court, and paying any fines or penalties imposed because of a violation of any Standards resulting from Indemnitor's failure to comply with such Standards. The right to indemnity shall be determined by the law in effect at the time of the incident causing such liability, loss, cost, damage or expense. Notwithstanding the foregoing, a party shall hold harmless the other against damage to or destruction of its own facilities caused by an act(s) of a third party(ies). Costs of Defense and Award. Included in the obligations in Section 11 is the Indemnitor's obligation to defend, at Indemnitor's own cost, expense and risk, any and all suits, actions or other legal proceedings, that may be brought or instituted against the Indemnitees, subject to any limitations in Section 11. Indemnitor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees for any and all related legal expenses and costs incurred by each of them, subject to the limitations in Section 11. b. Extent of Liability and Indemnification Obligations. Liability and indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation of benefits payable by or for the other under any Worker's Compensation Acts, Disability Benefit Acts or other Employee Benefit Acts. In addition, the obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the Indemnitees. Proportional Liability. Liability to a third party(ies) shall be divided between SD and CV in proportion to the measure of SD and CV's liability. d. Enforcement Costs. The Parties agrees to pay any and all costs the other Party incurs enforcing the indemnity and defense provisions set forth in Section 11. Survival. Obligations under Section 11 shall survive the termination of this Agreement. 11. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be original and all of which shall constitute one and the same document. 12. Recording. The Parties hereto shall cause this Agreement to be recorded in the Official Records of the San Diego County Recorder's Office. 13. Miscellaneous Provisions. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first -class postage prepaid, addressed to the address October 23, 2014 Joint Use Agreement 2015 -03 -17 Agenda Packet Page 133 indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA Department of Public Works /Engineering Division 276 Fourth Avenue Chula Vista, CA 91910 Attn: City Engineer CITY OF SAN DIEGO WATER DEPARTMENT 1222 First Avenue, 4t' Floor San Diego, CA 92101 Attn: Deputy Director of Water Utilities Department b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement, together with any other written document referred to herein, embody the entire Agreement and understanding between the Parties regarding the subject matter hereof and any and all prior or contemporaneous oral or written representations, agreements, understandings, and /or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the Parties unless expressly noted. d. Recitals; Exhibits. Any recitals set forth above and any attached exhibits are incorporated by reference into this Agreement. e. Compliance with Laws. Each party agrees to comply with all applicable laws, ordinances, governmental regulations or agreements, regarding the habitat, protected species, water quality, solid wastes, hazardous wastes, hazardous materials, toxic substances, and any and all other forms of pollution or nuisance control (herein collectively referred to as "Standards "). f. Administrative Claims. 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. g. Authority of Signatories. Each signatory and Party hereto hereby 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 resolutions and /or other actions have been taken so as to enable said signatory to enter into this Agreement. October 23, 2014 Joint Use Agreement 6 2015 -03 -17 Agenda Packet Page 134 h. Modification. This Agreement may not be modified, terminated, or rescinded, in whole or in part, except by written instrument duly executed and acknowledged by the Parties hereto, their successors, or assigns and duly recorded in the Office of the San Diego County Recorder. Severability. If any term, covenant or condition of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to person or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant, or condition shall be valid and be enforced to the fullest extent permitted by law. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a Party or its attorney prepared and /or drafted this Agreement. It shall be conclusively presumed that both Parties participated equally in the preparation and /or drafting this Agreement. [NEXT PAGE IS SIGNATURE PAGE] October 23, 2014 Joint Use Agreement 2015 -03 -17 Agenda Packet Page 135 SIGNATURE PAGE TO JOINT USE AGREEMENT BY AND BETWEEN CITIES OF CHULA VISTA AND SAN DIEGO IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA Gary Halbert, City Manager or Authorized Designee Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins City Attorney October 23, 2014 Joint Use Agreement 8 CITY OF SAN DIEGO Halla Razak, Public Utilities Director Approved as to form Jan Goldsmith City Attorney By: Deputy City Attorney 2015 -03 -17 Agenda Packet Page 136 EXHIBIT "A" Village 2 EXISTING AREAS LEGAL DESCRIPTION EXHIBIT "A" Joint Use Agreement 2015 -03 -17 Agenda Packet Page 137 EXHIBIT "B" Village 2 EXISTING AREAS DEPICTION EXHIBIT `B" Joint Use Agreement 2015 -03 -17 Agenda Packet Page 138 EXHIBIT "C" VILLAGE 2 FUTURE AREA DESCRIPTION EXHIBIT "D" Joint Use Agreement 2015 -03 -17 Agenda Packet Page 139 EXHIBIT "D" VILLAGE 2 FUTURE AREA DEPICTION EXHIBIT "D" Joint Use Agreement 2015 -03 -17 Agenda Packet Page 140 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF CHULA VISTA FOR THE COLOCATION OF A CITY OF SAN DIEGO WATERLINE WITHIN SEGMENTS OF OLYMPIC PARKWAY AND LA MEDIA ROAD AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE AGREEMENT WHEREAS, City of San Diego is engaged in the activity of conveying water to the environs of City of San Diego, State of California; and WHEREAS, certain water conveyance facilities owned by San Diego are located within Chula Vista, and on occasion, development within Chula Vista may be in conflict with San Diego's water transportation facilities; and WHEREAS, Baldwin and Sons, LLC. (Baldwin), a developer of a certain real property within Chula Vista, wishes to develop certain properties commonly known as Otay Ranch Village 2; and WHEREAS, Otay Ranch Village 2 development is in conflict with certain water transportation facilities owned and operated by San Diego ( "Otay Pipeline 2 "); and WHEREAS, as a condition of the approval of Baldwin's Subdivision Tentative Map, Baldwin is required to relocate Otay Pipeline 2 into an area described in Exhibit "A" and shown on Exhibit "B" attached hereto, which exhibits are incorporated herein by this reference. The areas described on Exhibit "A" and shown on Exhibit "B" are hereinafter referred to as "Joint Use Area "; and WHEREAS, San Diego is willing to allow the relocation of Otay Pipeline 2 into the Joint Use Area and will thereafter operate and maintain the pipeline and its associated facilities located in, under and across that certain right -of -way dedicated to the City of Chula Vista by Baldwin as Olympic Parkway and La Media Road on property located in San Diego County, California; and WHEREAS, Chula Vista desires to construct, operate and maintain a future regional public transportation facility and related improvements, including but not limited to: sewer and storm drain pipelines and appurtenances, traffic signals and signal interconnections, irrigation lines and irrigation control devices located in, upon, over, under and across Olympic Parkway and La Media Road rights -of -way; and WHEREAS, Baldwin will perform the actual relocation of Otay Pipeline 2 which will result in the placement of Otay Pipeline 2 within the Joint Use Area; and WHEREAS, Chula Vista and San Diego desire to enter into a joint use agreement to set forth their respective rights and obligations in the event of actual or potential present or future 2015 -03 -17 Agenda Packet Page 141 Resolution No. Page 2 conflicts in the construction, operation or maintenance of their respective facilities within the Joint Use Area. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vist that it does hereby approve the Joint Use Agreement, with such minor, nonsubstantive alterations as may be required by the City Attorney, and authorize the City Manager or his Designee to execute said agreement on behalf of the City of Chula Vista. Presented by Kelly G. Broughton, FASLA Director of Development Services Approved as to form by Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 142 CITY OF CHULA VISTA File #: 14 -0748, Item #: 10. City of Chula Vista Staff Report RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA, INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN -LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On March 13, 2013 Council approved a Security Agreement for the Lake Pointe (the "Project ") in Eastlake III in order to establish methods of compliance for their Affordable Housing Obligation. Tonight's action will approve a Regulatory Agreement between the City and Lennar Homes of California Inc. (the "Developer ") in compliance with the Security Agreement. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378(b)(5) of the State CEQA Guidelines because it involves only the approval of an agreement for implementation of a development project that has already been approved; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. BOARD /COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City's Balanced Communities Policy ( "Inclusionary Housing ") requires the provision of housing for all economic groups and distribution of affordable housing throughout the City. The City requires 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for low and moderate - income families (5% low and 5% moderate). The primary objective of this policy is to increase affordable housing opportunities in the new master planned communities in the eastern part of the City. Lake Pointe Inclusionary Housing Obligation On March 13, 2013, an Agreement to Post Security ( "Security ") was approved for the Lake Pointe project located at Olympic Parkway and Wueste Road in eastern Chula Vista. Based on a total of two hundred twenty -one (221) residential housing units, currently allowed for the Project, the City of Chula Vista 2015 -03 -17 Agenda Packet Page 1 of 3 Printed on 3/12/2015 powered by LegistarT"^ Page 143 File #: 14 -0748, Item #: 10. developer has a 22.1 unit Affordable Housing Obligation (11.05 units for low and 11.05 moderate - income households). The Agreement to Post Security provided alternative methods of compliance to meet the obligation including Section 1.2.b which the developer is choosing to exercise: Constructing 11 Affordable Units (11 units of Moderate Income) within the eastern portion of the City of Chula Vista, within or outside of the Lake Pointe Development, subject to City's approval, which shall not be unreasonably withheld, and the payment to the City in the amount of $1,378,842 (11.1 units), which payment shall be placed in the Inclusionary Housing Fund. Accordingly, City staff is recommending that the City and Lennar Housing of California Inc. enter into the "Affordable Housing Regulatory Agreement" (the "Agreement" see Attachment 1) in fulfillment of Section 2.1.d.1 of the Security, which requires "within two years of posting of the bond, Developer shall enter into a regulatory agreement with the City that identifies specific terms and conditions related to the construction of the Units ". Once the Agreement has been recorded on each the eleven designated moderate units and the Developer has paid the in -lieu fee of $1,378,842 for 11.1 units for low- income households, the Security shall be released. The Security has been entered in to through June 2016 with a potential extension for an additional two years. It is unknown when the in -lieu fee payment of $1,378,842 will be paid by the Developer during this period; however upon payment these funds will be placed into the Inclusionary Housing Fund for future affordable housing production. For -Sale Housing Policy Waiver On December 9, 2003, City Council Policy No. 435 -02 was approved establishing guidelines for for - sale housing to low- and moderate - income first -time homebuyer households. These guidelines establish the City's Silent Second Loan (gap between the Affordable Sales Price and the Market Rate Price) and the restricting documents to be recorded on the first -time buyer household. Based upon industry standards for financing through the Federal Housing Administration ( "FHA ") and Department of Veterans Affairs ( "VA "), staff is recommending the equity share for this project be altered and based on the percent of the City's Silent Second Loan to the initial Market Rate Price of the home (i.e. if upon initial purchase the market price is $350,000 and City's Silent Second Loan is $50,000, the equity share for the City would be $50,000/$350,000 = 14 %), as reflected in substantial form in the Agreement's First -Time Homebuyer documents, Exhibits B -D. Staff will bring forward proposed changes to reflect updated industry standards for Policy 435 -02 in the future. DECISION -MAKER CONFLICT Staff has reviewed the property holdings of 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 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 The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The development and City of Chula Vista Page 2 of 3 Printed on 3/12/2015 2015 -03 -17 Agenda Packet powered by Leg age 144 File #: 14 -0748, Item #: 10. provision of quality for -sale affordable housing for moderate income households within master planned communities supports the Economic Vitality goals as it promotes the development of quality neighborhoods that provide a full complement of uses and services in a balanced fashion and the Connected Community goals as it provides housing to meet residents' needs and priorities. CURRENT YEAR FISCAL IMPACT The developer has paid all costs associated with the processing of the Affordable Housing Agreement. No financial assistance and or incentives are required from the City of Chula Vista. Staff support costs are budgeted in the personnel portion of the Housing Authority budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Staff support costs associated with the ongoing monitoring for compliance with the regulatory restrictions and administration of the Declaration are budgeted in the personnel portion of the Housing Authority budget. ATTACHMENTS 1. Lake Pointe Affordable Housing Regulatory Agreement Staff Contact: Stacey Kurz, Senior Project Coordinator Housing Division, Development Services Department City of Chula Vista Page 3 of 3 W71iw- 6TiMAIN KII&7 2015 -03 -17 Agenda Packet Page 145 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- I J - /,hr- AFFORDABLE HOUSING REGLUATORY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LENNAR HOMES OF CALIFORNIA, INC. 2015 -03 -17 Agenda Packet Page 146 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Chula Vista 276 Fourth Avenue Chula Vista CA 91910 Attn: Housing Manager No fee for recording pursuant to Government Code Section 27383 (Space above for Recorder's Use) AFFORDABLE HOUSING REGULATORY AGREEMENT THIS AFFORDABLE HOUSING REGULATORY AGREEMENT (this "Agreement ") is entered into as of March 10, 2015, between the CITY OF CHULA VISTA, a municipal corporation ( "City "), and LENNAR HOMES OF CALIFORNIA, INC., a California corporation ('Developer ") and /or its successors or assignees. ARTICLE I - Recitals 1.1 Authority. The City is a municipal corporation, organized and existing under the laws of the State of California. City is authorized to enter into binding agreements for the purpose of protecting public health, safety, and welfare. 1.2 Developer. Developer is the legal owner of the fee title to the real property which is described in the attached Exhibit "A ", which is hereby incorporated herein (the "Real Property "). The Real Property will be a condominium project established pursuant to Section 1350, et seq. of the California Civil Code. 1.3 Project. Developer proposes to construct a multifamily housing project (the "Project ") with 221 town home styled condominiums. Each condominium dwelling unit in the Project is referred to as a "Unit" in this Agreement. The Project will consist of eleven (11) Units affordable to Moderate Income Buyers, with the remaining two hundred ten (2 10) Units unrestricted in any manner by this Agreement. The two hundred ten (2 10) unrestricted Units are referred to as the "Unrestricted Units ". Developer shall not be bound by any provisions contained hereinbelow with respect to the Unrestricted Units. 1.4 Implementation of City Council Resolution 2013 -046. This Agreement is intended to meet a requirement of City Council Resolution 2013 -046 and the Agreement to Post Security previously entered into between Developer and the City on March I3, 2013, Section 2.1.d.1 which requires within two years of posting of the bond, Developer enters into a Regulatory Agreement restricting Units. The parties intend that this Agreement constitute the agreement referred to in City Council Resolution 2013.046 and the Regulatory Agreement described in this Section 1.4. The remaining in -lieu fee obligation of $1,378,842 (11.1 units), shall be placed into the City's Inclusionary Housing Fund in order to satisfy Section 1.2.b. of the Agreement to Post Security. 1.5 Implementation of City Council Policy No. 453 -02. This Agreement is also intended to implement City Council Policy No. 453 -02, "Development of Affordable For Sale Housing for Low- and Moderate- Incorne Buyers ", which became effective on December 9, 2003. 2015 -03 -17 Agenda Packet Page 147 1.6 Binding On Successive Owners. Pursuant to California Govermnent Code Section 2728 1.5, the parties intend that this Agreement constitute ail encumbrance against the Real Property (other than the Unrestricted Units) which, during the Term of this Agreement, is binding on the owners and successive owners of the Real Property (other than the Unrestricted Units) for the benefit of the City. NOW THEREFORE, THE CITY AND DEVELOPER HEREBY AGREE AS FOLLOWS: ARTICLE 2 - Definitions The following definitions apply for purposes of this Agreement: 2.1 "Affordable Unit" means a Moderate Income Unit. 2.2 "Area Median Income" means the latest median income from time to time determined by the United States Department of Housing and Urban Development (pursuant to Section 8 of the United States Housing Act of 1937) for the San Diego Standard Metropolitan Statistical Area, and as established by regulation of the State of California pursuant to Health and Safety Code Section 50093. 2.3 "Buyer - Elected Options and Upgrades" means options and upgrades included in a Unittliat are not included within the plans and specifications for standard production Units and that are paid for in cash by the buyer. 2.4 "Buyer- Qualified Interest Rate" means the interest rate a buyer qualifies for and obtains under a loan, the proceeds of which are used to purchase the Affordable Unit. 2.5 " Homeowner's Regulatory Agreement" shall refer to the covenants that fun with the land to regulate and restrict the occupancy and ownership of the qualifying household. The form ofthe Homeowner's Regulatory Agreement shall be in substantial form to the approved First -Time Homebuyer Regulatory Agreement, as provided in Exhibit `B ". 2.6 "Market Rate Price(s)" shall be as described in Section 3.2 below. 2.7 "Moderate Income Affordable Sales Price" shall be a price set by the City, as more particularly described in Sections 3.3.2 and 3.8. 2.8 "Moderate Income Buyers" means individuals or families with an income which does not exceed one hundred twenty percent (120 %) of the Area Median Income, as adjusted for household size pursuant to Exhibit B attached hereto; provided, however, all income from members of the household who are under the age of twenty - three (23) years old and are full -time students, upon submission to the City of sufficient verification thereof, shall be excluded from the calculation of a Moderate Income Buyer's income. 2.9 "Moderate Income Unit" means any of the eleven (11) Units which shall be sold by Developer to and initially occupied by a Moderate Income Buyer. 2.10 "Monthly Housing Cost" means the sum of monthly payments for all of the following with respect to a Moderate Income Unit: 2. 10.1 Principal and interest, amortized over thirty (30) years, at the then current fixed interest rate, payable under the First Trust Deed Loan (as defined below), which is used to acquire an Affordable Unit; 2 2015 -03 -17 Agenda Packet Page 148 2.10.2 Any special tax district assessments, Mello -Roos special taxes, prorated monthly, which apply to the Affordable Unit; 2.10.3 The monthly homeowners' association regular assessments which apply to the Affordable Unit; 2.10.4 A monthly utility allowance based on the City approved utility schedule; and 2.10.5 A reasonable allowance for real estate taxes and insurance not included in the above costs, prorated monthly. 2.11 "Mortgage Amount" shall be as described in Sections 3.3.1. 2.12 "Silent Second Note" shall refer to the promissory note made by a Moderate Income Buyer in favor of the City which is equal to the difference between the Market Rate Price and the Moderate Income Affordable Sales Price of a Moderate Income Unit. The form of the Silent Second Note shall be insubstantial form to the approved First -Time Homebuyer Program Silent Second Note, as provided in Exhibit "C ". 2.13 "Silent Second Trust Deed" shall refer to a deed of trust which secures a Silent Second Note. The form of the Silent Second Trust Deed shall be in substantial form to the approved First -Time Homebuyer Program Silent Second Trust Deed, and shall be subordinate to any First Deed of Trust securing a mortgage for the purchase of the units. The form of the Silent Second Trust Deed shall be in substantial form to the approved First -Time Homebuyer Program Silent Second Trust Deed, as provided in Exhibit "D ". 2.14 "Term" shall be described in ARTICLE 4 below. ARTICLE 3 - Marketing of Affordable Units 3.1 Moderate Income Units. Of the two hundred twenty one (221) Units in the Project, Developer shall sell eleven (11) Units only to Moderate Income Buyers. The eleven (11) Moderate Income Units shall be comprised as follows: (a) four 2 bedroom homes in Palermo Plan I (Units 7, 77, 115 and 125); (b) five 3 bedroom homes in Siena Plans 1 & 2 (Units 37, 42, 68,72 and 77); (c) one 4 bedroom home iii Palermo Plan 2 (Unit 64); and (d) one 4 bedroom home in Palermo Platt 3 (Unit 92). The sales price of each such Moderate Income Unit shall be the Market Rate Price, with the Silent Second Note being of an original principal amount equal to the difference between the Market Rate Price and the Moderate Income Affordable Sales Price of such Moderate Income Unit. The Silent Second Note shall be secured by the Silent Second Trust Deed encumbering the Moderate Income Unit which is sold to a Moderate Income Buyer. The Silent Second Trust Deed shall be subordinate in priority to the institutional trust deed loan ( "First Trust Deed Loan ") which the Moderate Income Buyer obtains to purchase the property. Stich documents shall be in substantial form to the City standard documents as established through the City's First -Tune Homebuyer Program. If the Market Rate Price is equal to or less than the Moderate Income Affordable Sales Price as calculated in Section 3.3.2, no restrictions in the form of a Silent Second Note, Trust Deed or Regulatory Agreement shall be placed on such Moderate Income Unit or the real property on which it is situated or the Moderate income Buyer and the actual sales price of such Moderate Income Unit shall be the Market Rate Price, provided, however that all qualification procedures set forth hereinbelow for Moderate Income Buyers shall remain in effect. 3.2 Market Rate Price. The Market Rate Prices for the Affordable Units shall initially be the amounts set forth in the attached Schedule "1 ". Pursuant to the procedures set forth in this Section 3.2 and subject to the procedure set forth herein, the Market Rate Prices for the Affordable Units in an upcoming phase may be revised at any time prior to the release of such phase. No less than ten (10) days prior to the scheduled release date of a phase, Developer shall submit to the City Housing Manager, Developer's proposed revisions, 2015 -03 -17 Agenda Packet Page 149 if any, to the Market Rate Prices and adjustments for assessments for the Affordable Units in such phase. Within five (5) days after such submission, the City Housing Manager shall review and determine whether or not any of the Affordable Units within such phase will be subject to the requirements of Section 3.1 regarding the delivery of the Silent Second Note and Silent Second Trust Deed by the Moderate Income Buyer purchasing such Affordable Unit. If the City disapproves and objects to Developer's proposed revisions within such five (5) -day period, Developer may re- submit further revisions to the Market Rate Prices to address the City's grounds for objection, and the City shall thereafter have five (5) days to approve or disapprove Developer`s proposed revisions. If, however, the City Housing Manager fails to provide notice to Developer regarding its proposed revisions and any need for the Silent Second Note or Silent Second Deed of Trust within the initial five (5) -day period, Developer's proposed revisions shall be deemed approved. 3.3 Calculation of Moderate Income Affordable Sales Price. The Moderate Income Affordable Sales Price of a Moderate Incorne Unit shall be composed of the sum of the Mortgage Principle Amount plus a down payment of 3% of the Moderate Income Affordable Sales Price. 3.3.1 The Mortgage Amount. For loans, the Mortgage Amount for Moderate Income Buyers shall be a First Trust Deed Loan in that original principal amount which requires equal monthly payments, amortized over thitty (30) years at file Buyer-Qualified Interest Rate, which when added to the other Monthly Housing Costs results in Monthly Housing Costs that shall not exceed 36% of 120% of the Area Median Income for the applicable household size for FHA loans and 40% of 120% of the Area Median Income for the applicable household size for conventional loans. 3.3.2 Moderate Income Affordable Sales Price. The calculation of the Moderate Income Affordable Sales Price for a Moderate Income Unit pursuant to this Sectioit 3.3.2 shall be the lesser of the Market Price or the maxirnurn purchase price that will result in a Monthly Housing Cost, as defined in Section 2.10, equal to or less than one - twelfth of thirty six percent (36 %) of 110% of the Area Median Income based on presumed occupancy count equal to the bedroom count plus one (1) persons and the factors fiuther described in Section 3.8. 3.4 Proof of Qualification. Developer will obtain from each prospective purchaser of an Affordable Unit a "Supplemental Buyer Application" (the "Application ") in the form of Exhibit "E" attached hereto (or such other. form as the City may from time to time adopt and of which the City will notify Developer in writing). Developer will be entitled to rely on the Application and the supporting documents thereto in determining the eligibility of such person(s) to buy such Affordable Unit. Developer will retain the Application and supporting documents for a period of at least seven (7) years after the buyer thereof closes escrow for the purchase of the Affordable Unit. 3.5 Records, Audits. Developer will submit to the City monthly copies of all Applications, available settlement or closing statements with respect to each Affordable Unit that has closed escrow, and documents submitted containing information with respect to each Affordable Unit including (i) the monthly amortized Mortgage Amount, (ii) the number of occupants for which the Affordable Unit is sold, (iii) the income of such occupant(s), (iv) the Market Rate Price of the Affordable Unit and (v) the Moderate Income Affordable Sales Price or the Market Rate Price of the Moderate Income Unit, whichever is applicable. Stich submission shall be in the form of Exhibit "E" attached hereto (or such other form as the City may from time to time adopt and of which the City notifies Developer in writing). If the City reasonably believes that violations of the sales price, occupancy and/or income requirements of this Agreement have occurred, and that an audit is necessary to verify submitted Applications and documentation, !twill so notify Developer in writing thereof. Within ten (10) days after delivery of said notice, Developer will deliver to the City fire names ofthree certified public accountants doing business in the metropolitan San Diego area. The City will promptly deliver to Developer the former's approval of one or more of said names. The audit will be completed by an approved 4 2015 -03 -17 Agenda Packet Page 150 certified public accountant, at Developer's cost, within 60 days after the delivery to Developer of the City's said approval. The certified public accountant will promptly deliver a copy of the written audit to the City and Developer, Developer shall regularly evaluate its compliance with the sales price, occupancy and income requirements of this Agreement and exercise good faith efforts to avoid any violations thereof. 3.6 City Approval of Marketing Plan; Selection of Moderate Income Unit Bu rers. Thefollowing requirements shall apply with respect to Developer's marketing of the Moderate Income Units: 3.6.1 Marketing Plan. Developer shall prepare a marketing plan in compliance with Federal and State Fair Housing laws, and the City shall review the same for compliance with City laws. Such marketing plan shall include a plan for publicizing the availability of the Moderate Income Units within the City, such as notices in any City sponsored newsletter, newspaper advertising in local newspapers and notices in City offices. The marketing plan shall require Developer to obtain from the City the navies of moderate income households who have been displaced, and to notifypersorrs on such list of the availability of Moderate Income Units in the Project prior to undertaking other forms of marketing. The marketing plan shall provide that the persons on such list of displaced persons be given not fewer than fifteen (15) days after receipt of such notice to respond by completing application forms for purchase of Moderate Income Units, as applicable. 3.6.2 Income Requirements. All buyers of each Moderate Income Unit shall meet the income requirements set forth in this Agreement. Selection of Moderate Income Buyers shall be made based upon the Buyer Selection Criteria as established by the City's Policy for the Development of Affordable For Sale Housing for Moderate Income Buyers within the following levels of priority. A point system has been established so that applicants with a higher number of points will receive preference for Moderate Income Units. 5 points Households which are displaced from their primary residence as a result of any of the following (i) expiration of affordable housing covenants applicable to such residence; (ii) an action of the City; (iii) closure of a mobile home or trailer park community in which the household's residence was located; or (iv) a condominium conversion involving the household's residence. One member in the household must have resided in such housing as the primary place of residence for at least one year prior to such action or event. 3_points Households with at least one member who has worked within the City, as that person's principal place of full -time employment, for at least one year prior to the date of application for such housing. 2 points Households with at least one member who is a Public Safety employee (fire and police) or Credentialed Teacher. 1 point All other applicants who do not meet any of the above criteria. In the situation where there are applicants with equal number of points but not enough Moderate Income Units are available, the tie will be broken by determining which of the most qualified applicants completed the application first, including pre - qualification for a mortgage to purchase the property. 3.7 Ci . 's Evaluation of Qualification of Moderate Income Buyers; Authority of To Receive Loan Applications. Developer shall obtain from each Moderate Income Buyer (or prospective Moderate Income Buyer) a form signed by the Moderate Income Buyer authorizing the release to the City of the prospective buyer's 1003 (Mortgage Loan Application), Good Faith Estimate and Underwriting Transmittal Surrmaty (1008) or similar form from the applicable lender. The City shall have the right to require eacli such lender to forward to the City the loan documentation for any loan to a Moderate Income Buyer. The City will 2015 -03 -17 Agenda Packet Page 151 evaluate these forms and communicate its evaluation to Developer. After the City's review and verification that a prospective buyer is qualified as a Moderate Income Buyer, and in no event more than five (5) days after submittal of the above referenced forms by the applicable lender, the City will send an Approval Notice to the lender and Developer confirming the prospective buyer's eligibility. At least five (5) business days prior to the close of escrow on any Affordable Unit as to which a Silent Second Deed of Trust will be recorded, Developer shall cause copies of all escrow documents to be sent to the City to assist the City in preparing the Silent Second Deed of Trust and Silent Second Note; the City shall have three (3) business days after such submittal to submit the Second Deed of Trust to escrow. 3.8 Qualification Criteria. The Citywill utilize tine following criteria in evaluating an application by a Moderate Income Buyer (or prospective Moderate Income Buyer): 3.8.1 Neither the Moderate Income Buyer nor such Moderate Income Buyer's spouse has owned a home during the three (3) year period immediately preceding the purchase of the Moderate Income Unit. 3.8.2 The Moderate Income Buyer's down payment must not be less than three percent (3°/a) of the Moderate Income Affordable Sales Price. 3.8.3 The Moderate Income Buyer's liquid assets after down payment, Moderate Income Buyer's closing costs and Moderate Income Buyer's cash payments for Buyer - Elected Options and Upgrades must not exceed $25,000.00, excluding any retirement accounts, to include without limitation any 401K or IRA accounts, as well as any other exclusions set forth in City Council policy. 3.8.4 Non - occupant co- borrowers are not allowed. 3.8.5 The maximum Monthly Housing Costs must not exceed 36% of monthly income for FHA insured loans and 40% of monthly income for all other loans. 3.8.6 The maximunn debt- to- incomc ratios must not exceed forty -one percent (41 %) for FHA insured loans and 45% for all other loans. ARTICLE 4 - Ternx 4.1 Affordable Housing Regulatory A reement. The Tern of this Agreement commences on the date of this Agreement. The Ternu ends on the date the close of escrow occurs for the sale by Developer of-the last Affordable Unit pursuant to the requirements of this Agreement. Immediately following the close of escrow of the last Affordable Unit pursuant hereto, the City shall record a termination ofthis Agreement in the Office of the County Recorder of San Diego County, California. Each Affordable Unit shall automatically be released from the encumbrance of this Agreement at the close of the buyer's escrow for the Affordable Unit for the purchase of the Affordable Unit from Developer. Any portion of the Real Property that is conveyed by Developer to the condominium homeowner's association established for the Real Property shall be automatically released from the encumbrance ofthis Agreement upon such conveyance. 4.2 Agreement to Post Security. Satisfaction of the terns of the Agreement to Post Security ( "Security Agreement"), referenced in Section 1.4, shall be met and all obligations under such Security Agreement shall be released upon the recordation of this Affordable Housing Regulatory Agreement on each of the eleven (11) Moderate Income Units and payment of the in -lieu fee into the City's Inclusionary Housing Fund totaling $1,378,842 (11.1 units) per Section 1.2.b. of such Security Agreement. In 2015 -03 -17 Agenda Packet Page 152 ARTICLE 5 - Subordination Upon request, the City shall subordinate this Agreement to any first deed of trust which Developer obtains for construction of the Project and the First Trust Deed Loans obtained by buyers to purchase their Affordable Units. However, any subordination agreement entered into by the City shall contain written cornmitmcnts which the City finds are reasonably designed to protect the City's interests in the event of default, such as any of the following: (a) a right of the City to cure a default on the loan prior to foreclosure, (b) a right of the City to negotiate with the lender after notice of default from the lender and prior to foreclosure, (c) an agreement that if prior to foreclosure of the loan, the City takes title to the property and cures the default on the loan, the lender will not exercise any right it may have to accelerate the loan by reason of the transfer of title to the City, and (d) a right of the City to acquire through foreclosure (and subject to the First Trust Deed Loan) under the Silent Second Trust Deed the Affordable Unit from the buyer at any time after a material default on the First Trust Deed Loan. ARTICLE 6 - Additional Provisions Regarding The Real Property 6.1 Condition of the Real Propcity. The following provisions shall apply only during the period of time that Developer is developing and marketing the Project. 6.1.1 Developer shall take all necessary precautions to prevent the release, by Developer or its contracts, into the environment of any Hazardous Materials which may be located in, on or under the Real Property. Stich precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. 6.1.2 Developer shall indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, reasonable attorneys' fees), resulting from, arising out of, or based upon Developer's or its contractor's (i) release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Real Property, no matter when such claim, action, suit or proceeding is fast asserted or begun and no matter how the Hazardous Materials came to be released, used, generated, discharged, stored or disposed of on, under, in or about, to or from the Real Property, or by whom or how they are discovered, or (ii) violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Real Property. This indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing, cost or expense arising from or out of any claim, action, suit or proceeding, including injunctive, mandamus, equity or action at law, for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic Ioss, damage to the natural resource or the cliviromnent, nuisance, contamination, leak, spill, release or other adverse effect on the environment. This indemnity shall survive the Term or earlier termination of this Agreement. 6.1.3 For purposes of this Agreement, "Hazardous Materials" means any substance, material, or waste which is or becomes regulated by any local governmental authority, San Diego County, the State of California, regional governmental authority, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely hazardous waste," or "restricted hazardous waste" under Section 25 115,25117 or 25122.7, or listed pursuant to Section 25130 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law)), (ii) defined 7 2015 -03 -17 Agenda Packet Page 153 as a "hazardous substance" under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter- Presley- Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or "hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii) polychlorinated byphenyls, (viii) methyl tertiary butyl ether, (ix) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 ofthe California Code ofRegulations, Division 4, Chapter 20, (x) designated as "hazardous substances" pursuant to Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, etseq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 US.C, Section 9601, et seq. 6,1.4 For purposes of this Agreement, "Govermnental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the State, the County of San Diego, the City, or any other political subdivision in which the Property is located, and of any other political subdivision or instrumentality exercising jurisdiction over the City, Developer or the Real Property. 6.1.5 Developer shaII pay prior to delinquency all real estate taxes and assessments properly assessed and levied on portions of the Real Property which are owned by Developer. Nothing herein contained shall be deemed to prohibit Developer from contesting the validity or amounts of any tax, assessment, encumbrance, or lien, nor to limit the remedies available to Developer in respect thereto. 6.2 Hold Harmless. Developer agrees to indemnify, protect, defend and hold harmless the City, and their elected officials, officers, agents, employees, volunteers, representatives and successors, from and against any and all claims, damages, actions, costs, demands, expenses or liability, including without limitation, reasonable attorneys' fees and court costs, which may arise from the direct or indirect actions or inactions of Developer or those of its contractors, subcontractors, agents, employees or other persons acting on Developers' behalf which relate to Developer's construction, marketing, and sales activities ofthe Real Property or Project. This hold harmless agreement applies, without limitation, to all damages and claims for damages suffered or alleged to have been suffered by reason of the operations referred to in this Section 6.2, regardless of whether or not tiie City prepared, supplied or approved plans or specifications, or both, for the Real Property or Project. Notwithstanding anything to the contrary contained herein, this indernnity shall not apply to any claims, damages, actions, costs, demands, expenses or liability which arises out of either: (a) the exclusive marketing requirements contained in Section 3.6.1, or (b) the use of the point system contained in Section 3.6.2. This indemnity by Developer, and all other indemnities set forth herein shall survive any foreclosure of the Real Property by the City pursuant to the terms of the Silent Second Trust Deed and the Term or earlier termination of this Agreement. 6.3 Obligation to Refrain from Discrimination. There shall be no discrimination against, or segregation of, any persons, or group of persons, on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the enjoyment of the Real Property. Developer shall further comply with all the requirements of the Americans with Disabilities Act and the Americans with Disabilities Act Accessibility Guidelines (collectively, "ADA "). 6.4 Form of Nondiscrimination and Clauses. Developer shall refrain from restricting the sale of any portion of the Real Property, or contracts relating to the Real Property, on the basis of race, color, creed, religion, sex, marital status, ancestry, or national origin of any person and shall comply with 2015 -03 -17 Agenda Packet Page 154 all the requirements for the ADA. All such deeds, leases or contracts, shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: 6.4.1 In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the land herein conveyed, nor shall the grantee himself, or any persons claiming under or through hirn, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subtenants, sublessees, or vendees in the land herein conveyed and further covenants that all such individuals and entities shall comply with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines. The foregoing covenants shall run with the land." 6.4.2 In leases: "The lessee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: 'That there shall be no discrimination against or segregations of any person or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment ofthe land herein leased, nor shall the lessee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the land herein lease and the lease shall be carried out in compliance with all requirements of the Americans with Disabilities Act of 1990, as the same may be amended from tithe to time (42 U.S.C. Section 12101, et seq.), and the Americans with Disabilities Accessibility Guidelines 6.4.3 In contracts: "There shall be no discrimination against or segregation of any persons or group of persons on account of race, color, creed, religion, sex, marital status, ancestry, or national origin in the sale, lease, transfer, use, occupancy, tenure, or enjoyment of land, nor shall the transferee himself, or any person claiming under or through him, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy oftenants, lessees, subtenants, sublessees, or vendees of Iand and all such activities shall be conducted in compliance with all the requirements of the Americans with Disabilities Act of 1990, as the same may be amended from time to time (42 U.S.C. Section 12 10 1, et seq.), and the Americans with Disabilities Accessibility Guidelines." ARTICLE 7 - Breach 7.1 Breach by City. If the City breaches any of its covenants contained in this Agreement, Developer will have available to it all legal and equitable remedies afforded by the laws of the State of California. 7.2 Breach by Developer of Sale Price Limit Requirements, If, with respect to any Affordable Unit, Developer intentionally breaches this Agreement by charging a higher sales price than a Moderate Income Affordable Sales Price, Developer will, immediately upon the City's demand, (i) reduce the sales price to a Moderate Income Affordable Sales price, and (ii) refiuld to any buyers who theretofore paid such higher sales price to Developer for the purchase of an Affordable Unit the amount of the excess, together with interest thereon at the rate of ten percent (10 %) per annum or the maximum legal rate, whichever is less, computed from the datc(s) of payment of the excess by said buyers to the date of said refund. The provisions of this Section 7.2 constitute a third -party beneficiary contract in favor of such buyers, Further, the City is hereby granted the power (but not the duty) to act as attorney -in -fact of such buyers in enforcing this Section 7.2. I 2015 -03 -17 Agenda Packet Page 155 7.3 Breach by Developer of Sales Requirements. If, with respect to any Affordable Unit, Developer intentionally breaches this Agreement by selling to buyers who are not Moderate Income Buyers qualified by the City pursuant to Section 3.7, Developer will, immediately upon the City's written demand, and at Developer's sole cost, use its reasonable best and lawful efforts to terminate such sale or otherwise substitute an Unrestricted Unit in such sale. 7.4 Breach by Developer of Other Requirements. If Developer breaches any of its covenants contained in this Agreement, the City shall have available to it all legal and equitable remedies afforded by the laws of the State of California. 7.5 Remedies Not Exclusive. The remedies set forth in this ARTICLE 7 are not exclusive, but are in addition to all legal or equitable remedies otherwise available to the City and Developer. ARTICLE 8 - Conflicts of Law 8.1 Conflict of City and State or Federal Laws. In the event that state or federal laws or regulations enacted after this Agreement has been entered into prevent or preclude compliance with one or more provisions of this Agreement, or require changes in plans, maps or permits approved by the City, the parties will: 8.1.1 Notice and Copies: Provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy and statement of conflict with the provisions of this Agreement. 8.1.2 Modification Conferences: The parties will, within 30 days, meet and confer in good faith in a reasonable attempt to modify this Agreement to comply with such federal or state law or regulation. 8.2 _City Council Hearings. Thereafter, regardless of whether the parties reach an agreement on the effect of such federal or state law or regulation upon this Agreement, the unatter will be scheduled for consideration by the governing board of the City Council. The City Council, at such meeting, will detennine the exact modification or suspension which shall be necessitated by such federal or state law or regulation. Developer, at the meeting, will have the right to offer oral and written testimony. Any modification or suspension will be taken by the affirmative vote of not less than a majority of the authorized voting members of the governing board of the City Council. 8.3 Cooperation in Securing Permits. The City shall cooperate with Developer in the securing of any permits which may be required as a result of such modifications or suspensions. ARTICLE 9 - General Provisions 9.1 Seve_rability. The parties hereto agree that the provisions are severable. If any provision of this Agreement is held invalid, the remainder of this Agreement will be effective and will remain in fill force and effect unless amended or modified by mutual consent of the parties. 9.2 Entire Agreement, Waivers and Amendments. This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived, cancelled or discharged except by an instrument in writing executed by the party against which enforcement or such amendment, modification, waiver, cancellation or discharge is sought, 10 2015 -03 -17 Agenda Packet Page 156 9.3 Capacities of Parties. Each signatory and party hereto hereby 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 resolutions or other actions have been taken so as to enable it to enter into this Agreement. 9.4 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in 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 hereunder, shall be the City of Chula Vista. 9.5 Assi tg anent. Subject to the City's prior review and approval, which review and approval shall not be unreasonably withheld, delayed or conditioned, the rights and obligations of Developer snider this Agreement may be transferred or assigned and Developer May be released from such obligations upon such transfer or assigmnent, provided such transfer or assignment is made as a part of the conveyance of the fee of all or a portion of the Real Property. Any such transfer or assignment will be subject to the provisions of this Agreement. During the term of this Agreement, any such assignee or transferee will observe and perform all of the duties and obligations of Developer contained in this Agreement as such duties and obligations pertain to the portion of the Real Property so conveyed. 9.6 Enforcement. Unless amended or cancelled as provided in Section 9.2, this Agreement is enforceable by any party to it despite a change in the applicable general or specific plans, zoning, subdivision or building regulations adopted by the City which alter or amend the rules, regulations or policies governing permitted uses of the land, density and design. 9.7 Binding Effect of Agreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the parties' successors or assignees in interest. 9.8 Relationship of Parties. It is understood that the contractual relationship between the City and Developer is such that Developer is an independent contractor and not an agent of the City. 9.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands or requests to be sent to any party shall be decnted to have been properly given or served if (i) personally served, (ii) deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties, or (iii) electronically transmitted with a backup copy given or served pursuant to the methods set forth in (i) or (ii) above and addressed to such party at the e-mail and places of business addresses identified herein for each of the designated parties. Cam: Developer: City of Chula Vista Lenlar Homes of California, Inc. 276 fourth Avenue 25 Enterprise, Ste. 300 Chula Vista, CA 91910 Aliso Viejo CA 92656 Attn: Housing Manager, Development Services Department Attn: John Baayoun and Dana Bracco A party may change its address by giving notice in writing to the other party. Thereafter, notices, demands and requests shall be addressed and transmitted to the new address. SIGNATURE PAGE FOLLOWS 11 2015 -03 -17 Agenda Packet Page 157 IN WITNESS WHEREOF the parties Hereto have caused this Agreement to be executed as of the day and year first written above, ATTEST: Donna Norris, City Clerk APPROVED AS TO FORM: Glen Googins, City Attorney "CITY" CITY OF CHULA VISTA, a municipal corporation of the State of California IC Mary Salas, Mayor "DEVELOPER" LENNAR HOMES OFjLIFORNIA, INC., a California corporation I! 12 Vice President 2015 -03 -17 Agenda Packet Page 158 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA SS. COUNTY OF ORANGE On March 11, 2015, before me M, Sue Rudolph, Notary Public, personally appeared Johnyaayoun, who proved to me on the basis of satisfactory evidence, to be the persory whose name is/,afe subscribed to the within instrument and acknowledged to me that he /s�ZIlWy executed the same in his/l�r'•/Yeir authorized capacity), and that by his /VrOeir signature(s) on the instrument the persopo, or the entity upon behalf of which the personal 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. avl—m & 6 . . ... ..... — (SEAL) Notary Public 2015 -03 -17 Agenda Packet Page 159 Y'''�. Comm €sslon # 2003559 a "t � „� Notary Putrlla - Ca€iforn €a WITNESS my hand and official seal z ;' ��.� Orange County avl—m & 6 . . ... ..... — (SEAL) Notary Public 2015 -03 -17 Agenda Packet Page 159 EXHIBIT A LEGAL PROPERTY DESCRIPTION All that certain real property situated in the City of Chula Vista, County of San Diego, State of California, described as follows: TO BE INSERTED AS APNs ARE ASSIGNED EXHIBIT A 2015 -03 -17 Agenda Packet Page 160 EXHIBIT B HOMEOWNER'S REGULATORYAGREEMENT FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 WHEN RECORDED PLEASE MAIL TO. City of Chula Vista Housing Division 276 Fourth Avenue Chula Vista, CA 91910 (SPACE ABOVE FOR RECORDER'S USE ONLY) APN- FTHB # HOMEOWNER'S REGULATORY AGREEMENT THIS REGULATORY AGREEMENT ( "REGULATORY AGREEMENT" OR "AGREEMENT ") IS ENTERED INTO AS OF THIS DAY OF , 201 BETWEEN THE CITY OF CHULA VISTA, A MUNICIPAL CORPORATION ( "CITY "), AND A QUALIFYING HOUSEHOLD, ON BEHALF OF ITSELF AND ( "OWNER "). PREFACE WHEREAS, the Owner is interested in participating in the City's First -Time Homebuyer Program, and will comply with all program rules and requirements, and WHEREAS, the City and Owner have entered into a Deed of Trust and Promissory Note Agreement dated (the "Loan Agreements "), pursuant to which City will make a certain loan to Owner; and WHERAS, Owner will use the proceeds of such loan for the acquisition of the real property with the street address of , Chula Vista California 9191 more particularly described in Exhibit A attached and incorporated by this reference ( "Property "), and other costs as provided in the Loan Agreement; and WHEREAS, as further consideration for the loan and to further the interests of City, Owner has agreed to enter into and record this Agreement; and initials Regulatory Agreement (rev. 3- 10 -15) Page 1 2015 -03 -17 Agenda Packet Page 161 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT WHEREAS, the purpose of this Agreement is to regulate and restrict the occupancy and ownership of the project for the benefit of project occupants and the people of the City of Chula Vista. The covenants in this Agreement are intended to run with the land and be binding on Owner for the full term of this Agreement. NOW, THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: Owner shall receive City investment in real property owned by the Owner, as evidenced by legal title or a valid contract of sale. Acting in this capacity, the Owner will comply with all aspects of the City's First -Time Homebuyer Program including, but not limited to, the following: A. DEFINITIONS The following terms have the meanings and content set forth in this Section A where used in this Agreement or attached exhibits. 1. "AREA MEDIAN INCOME" means the median income for the San Diego County Primary Metropolitan Statistical Area (PMSA), with adjustments for household size, as adjusted from time to time by the U.S. Dept. of Housing and Urban Development (HUD). 2. "CITY" is the City of Chula Vista, a municipal corporation. 3. "DEED OF TRUST" means any deed of trust, assignment of rents, and security agreement placed on the Property or any part thereof as security for any Loan and other obligations with Owner as trustor and the City as beneficiary, as well as any amendments to, modification of, and restatements of said deed(s) of trust. 4. "EQUITY SHARE" means the split of appreciation between the City and Owner, as further defines in Section F.I. 5. "HUD" means the United States Department of Housing and Urban Development. 6. "HOMEOWNER INVESTMENT" is defined as the amount of down payment made by the owner towards the purchase price at time of purchase (excluding normal costs of a loan transaction) and City approved capital improvements made by the owner since purchase. 7. "HOUSE" means a residential dwelling unit that is located on the Property. 8. "LOAN" is any investment of funds provided by the City to any Owner for the purchase of any House. 9. "LOAN AGREEMENT" means any loan agreement executed by any Owner and the City which governs any Loan, as well as any amendments to, modifications of, or restatements of said loan agreement(s). The Loan Agreements will be on file with the City of Chula Vista. 10. "LOAN DOCUMENTS" are collectively the Loan Agreement, Deed of Trust, Note, this Agreement and any loan agreement, deed of trust, or promissory note entered into between the City and Owner with respect to any of the Property, as they may Initials Regulatory Agreement (rev. 3- 10 -15) Page 2 2015 -03 -17 Agenda Packet Page 162 EXHIBIT B HOMEOWNER'S REGULATORYAGREEMENT be amended, modified or restated from time to time, along with all exhibits and attachments to these documents. 11. "NOTE" means the promissory note and note rider executed by Owner in favor of the City evidencing any part of a Loan, which is secured by a Deed of Trust, as well as any amendments to, modifications or, or restatements of said promissory note. The Notes will be on file with the City of Chula Vista. 12. "ONE HUNDRED TWENTY PERCENT" means annual income, which does not exceed one hundred twenty percent (120 %) of the Area Median Income. 13. "OWNER" or "OWNERS" is the qualifying household that is the purchaser of a House within the Project. 14. "PROJECT" means the purchase of the Property, which will be affordable to households earning one hundred twenty percent (120 %) of Area Median Income. 15. "PROPERTY" means the real property described in the attached Exhibit A, which is hereby incorporated into this Agreement by this reference, and any buildings or improvements now or hereafter situated on said real property. 16. "QUALIFYING HOUSEHOLD" means a household whose income is One Hundred Twenty Percent of Area Median Income (120% of AMI), as determined periodically by HUD, with adjustments in accordance with 24 CFR 52.252, and who is otherwise eligible to purchase a House. 17. "QUALIFYING SALES PRICE" means an affordable price set at 110% of the Area Median Income based on the bedroom count plus one (1) persons, and as further described in the Regulatory Agreement between the Developer and City of the Inc[usionary Housing Project, B. TERM OF AGREEMENT The term of this Agreement shall remain in full force and effect for the life of the loan as defined on the Promissory Note, unless terminated earlier by City in writing or extended by the mutual consent of the parties. However, failure to record this Agreement by City shall not relieve Owner of any of the obligations specified herein. The covenants in this Agreement will run with the land for the benefit of City and its heirs, assigns and successors and be binding on Owner and Owner's heirs, assigns and successors for the full term of this Agreement. C. CITY INVESTMENT The City's investment is being made through the Balanced Communities ( "Inclusionary") Policy. The investment is an assistance program, which will effectively allow the Qualifying Household to acquire the Property. All funds recaptured from this Loan will be placed in the City's Inclusionary Housing Fund for the development of future affordable housing. D. AFFORDABILITY 1. The House will qualify as affordable housing and will have: a. an initial purchase_ price that is a Qualifying Sales Price; and Initials Regulatory Agreement (rev. 3- 10 -15) Page 3 2015 -03 -17 Agenda Packet Page 163 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT b. an appraised value at acquisition that is the Market Rate Price. 2. The House must be the principal residence of an Owner that is a Qualifying Household at the time of purchase. 3. The Loan Agreement for the City- assisted House is $ or percent (_ %) of the total purchase price. E. MONITORING It is contemplated that, during the term of this Agreement, the City will perform the following monitoring functions: (a) prepare and send an Annual Occupancy Form for the Owner to complete and return. (b) review the documentation submitted by Owner in connection with the annual occupancy verification process. (c) inspect the Property to verify it is being maintained in accordance with Section G, below. Notwithstanding the foregoing description of City functions, Owner shall have no claim or right of action against the City based on any alleged failure to perform such function. F. RECAPTURE OF CITY INVESTMENT The City of Chula Vista requires that First -Time Homebuyer funds be recaptured if the housing does not continue to be the principal residence of the family for the duration of the loan. if all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Owner is sold, rented, refinanced, conveyed, or transferred and Owner is not a natural person), the "Equity ", as hereafter defined, in the Property shall be shared between the Owner and the City on the following basis: "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: (a) principal on the original First Note and the Deed of Trust; and (b) principal on this Second Note and Deed of Trust to the City of Chula Vista, along with any interest and fees due thereof; and (c) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) current year taxes, including all pro -rata real estate taxes calculated to the date of sale; and (e) borrower's net down payment not including the loan from the City to Borrower (excluding normal fees associated with a loan transaction); and (f) Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. Initials Regulatory Agreement (rev. 3- 10 -15) Page 4 2015 -03 -17 Agenda Packet Page 164 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT The remaining balance ( "Equity ") shall be split between the City and Borrower using the following formula: City investment (Principal amount of the Silent Second Note) = city% of Equity to be recaptured Fair Market Value of the Property at time of initial purchase G. PROPERTY MANAGEMENT 1. Maintenance and Security. Owner shall at his or her own expense maintain the Property in good condition, in good repair, and in decent, safe, sanitary and habitable living conditions for the benefit of that Owner's household and any prospective occupants. Owner shall maintain the Property in conformance with all applicable state, federal and local laws, ordinances, codes and regulations. 2. In the event that Owner fails to maintain the Property in accordance with these standards and after at least thirty (30) business days prior notice to Owner, the City or the City's contractor or agent may, but shall be under no obligation to, enter upon the Property, make such repairs or replacements as are deemed necessary in the City's discretion, and provide for payment thereof. Any amount advanced by the City to make such repairs, together with interest thereon from the date of such advance at the rate of seven (7) percent (unless payment of such an interest rate would be contrary to applicable law, in which event such sums shall bear interest at the highest rate then allowable by applicable law), shall become an additional obligation of the Owner to the City and shall be secured by any Deed of Trust, if not previously reconveyed. H. REPAYMENTS Funds that are loaned to the Owner are to be remitted (principal, interest, and equity, as warranted) to the City to be retained and used as program income for additional affordable housing opportunities. I. PROJECT REQUIREMENTS Compliance with the following project requirements is required as follows: 1) Occupancy Requirements,. The Program requires that occupancy standards must be maintained for the Effective Period for each of the assisted House as follows: a. The prospective purchaser must be low income; that is, the purchaser must have an annual (gross) income that does not exceed One Hundred Twenty Percent (120 %) of Area Median Income, which will be determined at the time the household initially occupies the property. b. Each Owner must occupy the property as a principal residence. Only loan default and subsequent foreclosure negates the principal residence limitation. 2) Ownership Interest. The purchaser must have fee simple title upon sale of an assisted unit or cooperative ownership interest upon sale of an assisted unit. Initials Regulatory Agreement (rev. 3- 10 -15) Page 5 2015 -03 -17 Agenda Packet Page 165 EXHIBIT B HOMEOWNER'S REGULATORY A GREEMENT 3) Refinance. The City will subordinate to the following refinance situations only, subject to City approval and additional documentation is required: a. FHA streamline refinance, with a reduction in total PITI and no cash out. b. VA rate reduction refinance, with a reduction in total PIT[ and no cash out. c. Conventional rate and term refinance, with a reduction in total PITI and no cash out. J. REVERSION OF ASSETS. Owner must transfer to the City any funds remaining in the Property when there is a change to title on the Property or any sale, rental, refinance, conveyance or transfer of Property. Any funds received as a result of this reversion of assets shall be used for additional eligible activities. K. DEFAULTS AND REMEDIES. In the event of any breach or violation of any agreement or obligation under this Agreement, the City may proceed with any or all of the remedies as described in paragraph 18 of the Deed of Trust. L. NON - LIABILITY OF OFFICIALS, EMPLOYEES AND AGENTS. No officer, official, director, employee, agent or representative of the City shall be personalty liable to Owner for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. M. INDEMNITY. Notwithstanding the insurance coverage required herein, Owner shall indemnify and hold the City and its officers, officials, directors, employees, agents and authorized representatives (each, an "Indemnified Party," and collectively, "Indemnified Parties "), free and harmless against any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attorney's fees) which any Indemnified Party may incur as a direct or indirect consequence of (1) Owner's failure to perform any obligations as and when required by this Agreement; (2) any failure of any of Owner's representations or warranties to be true and complete; or (3) any act or omission by Owner or any contractor, subcontractor, management agent, or supplier with respect the Property, except where such losses are caused by the sole negligence or willful misconduct of Indemnified Parties. Owner shall pay immediately upon the City's demand any amounts owing under this indemnity. The duty of the Owner to indemnify includes the duty to defend Indemnified Parties in any court action, administrative action, or other proceeding brought by any third party arising from the Property. Owner's duty to indemnify Indemnified Parties shall survive the term of this Agreement. N. SUBORDINATION. initials Regulatory Agreement (rev. 3- 10 -15) Page 6 2015 -03 -17 Agenda Packet Page 166 EXHIBIT B HOMEOWNER'S REGULATORY AGREEMENT This Agreement shall be subordinated in priority only to the liens and encumbrances approved by the City in the Loan Agreement or otherwise in writing by the City in its sole and absolute discretion. O. GENERAL PROVISIONS 1. Governing Law: This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law and those provisions preempted by federal law. 2. This Agreement Controls: In the event that any provisions of this Agreement and any Loan Documents conflict, the terms of this Agreement shall control. 3. Time: Time is of the essence in this Agreement. 4. Consents and Approvals: For those provisions of this agreement which are expressly subject to consent or approval of the City, said consent or approval shall not be unreasonably withheld. Any approval must be in writing and executed by an authorized representative of the City. 5. Notices, Demands and Communications: Formal notices, demands and communications between Owner and the City shall be sufficiently given and shall not be deemed given unless dispatched by mailing it first class mail or by certified mail, return receipt requested, to the principal offices of Owner and City as follows: City: Owner: City of Chula Vista Housing Division 276 Fourth Avenue Chula Vista, CA 91910 Any such written communications by mail shall be conclusively deemed to have been received by the addressee five days after the deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. '6. Severability: Every provision of this Agreement is intended to be severable. If any provision of this Agreement shall be held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 7. Attorney's Fees: In the event of any litigation over the performance of this Agreement, the prevailing party shall be entitled to attorney's fees and costs incurred during the course of litigation. Initials Regulatory Agreement (rev. 3- 10 -15) Page 7 2015 -03 -17 Agenda Packet Page 167 EXHIBIT B HOMEOWNER'S REGULATORYAGREEMENT IN WITNESS HEREOF, The City and the Owner have executed this Agreement as of the date first hereinafter set forth. CITY OF CHULA VISTA, a municipal corporation Leilani Hines, Housing Manager OWNER: Name: Print Name: Name: Print Name: ACKNOWLEDGMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) On before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 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 persons acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAT_) 11110als Page 8 WITNESS my hand and official seal. Signature of Notary 8 Regulatory Agreement (rev. 3- 10 -15) 2015 -03 -17 Agenda Packet Page 168 EXHIBIT B HOME'OWNER'S REGULATORY AGREEMENT ACKNOWLEDGMENT: A notary public or other officer compietiltg this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, , a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that he /shelthey 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 persons acted, executed the instrument. certify Linder PENALTY OF PE=RJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) initials Page 9 WITNESS my hand and official seal. Signature of Notary 9 Regulatory Agreement (rev. 3- 10.15) 2015 -03 -17 Agenda Packet Page 169 EXHIBIT E HOMEOWNER'S REGULATORY AGREEMENT EXHIBIT "A" Legal Description THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND 1S DESCRIBED AS FOLLOWS: (INSERT LEGAL. DESCRIPTION) ASSESSOR'S PARCEL NUMBER: 10 initials Regulatory Agreement (rev. 3- 10 -15) Page 10 2015 -03 -17 Agenda Packet Page 170 EXHIBIT C SILENT SECOND PROMISSORY NOTE FIRST -TIME HOMEBUYER PROGRAM PROMISSORY NOTE APN: FTHS N NOTICE: THIS NOTE MAY REQUIRE PAYMENT OF PRINCIPAL AND INTEREST UPON THE SALE OR TRANSFER OF THE PROPERTY OR UPON A PREPAYMENT. FURTHER, THIS NOTE IS A SHARED APPRECIATION NOTE AS DEFINED IN SECTION 1917, ET SEQ. OF THE CALIFORNIA CIVIL CODE. PROMISSORY NOTE SECURED BY DEED OF TRUST $ .00 _.201_ Amount Date , Chula Vista California 9191 [Property Address] Borrower's Promise to Pay._ For value received, the undersigned, ( "Borrower"), promises to pay to the City of Chula Vista ('City'), or order, the sum of Thousand Dollars and 00 /cents ($. .00) with interest accruing thereon as hereinafter provided, and the Equity portion payable as set forth below. It is understood that the City may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note will be called the "Note Holder ". 2. No Interest. This Note will bear no interest unless the Borrower defaults under the terms of this Note, the Deed of Trust securing it and/or the Covenants, Conditions and Restrictions affecting the Property. In the event of default, interest from the Date of this Note shall be calculated at: a) The rate equal to the interest rate of the senior trust deed or, in the event of no senior trust deed, b) The prevailing rate of the Prime Rate as published in the Wall Street Journal, on the date of default. 3. Payments and Term. No periodic payments are required hereunder. Borrower agrees to pay the unpaid principal balance, unpaid accrued interest, and any other amounts due under this Note upon the earlier of: 1. 30 years from the date of this Note, may be extended by 5 years with prior written consent of the City: or 2. Upon refinancing of any debt that is secured by a lien on the Property, except for refinancing due to reduce interest rate due to favorable market conditions; or 3. Upon sale, transfer, or encumbrance of all of any interest in the Property without City prior written consent, except for a transfer permitted as defined below; or 4. Upon the maturity date, or full repayment, of any debt that is secured by a lien on the Property that is senior to the Deed of Trust; or 5. Upon Borrower's failure to occupy the Property as Borrower's principal place of residence. A transfer constitutes sold, or otherwise conveyed, by operation of law or otherwise. No delay or omission on the part of the City shall operate as a waiver of such right of repayment or of any other right of this Note. The principal amount of this Note, together with interest (if any) accruing Initials Promissory Note (rev. 3- 10 -15) 2015 -03 -17 Agenda Packet Page 171 EXHIBIT C SILENT SECOND PROMISSORY NOTE thereon from the date hereof, and any shared equity (if any), as set forth in Section 5, shall be due and payable on or before the date provided by the City in the Notice of Acceleration, which shall not be less than thirty (30) days, if all or any part of the Properly or any interest in it is sold, rented, refinanced, conveyed, or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed, or transferred and Borrower is not a natural person) (herein called "Transfer) without the prior written consent of the City. The City shall not exercise this right of acceleration if prohibited by federal law as of the date of the Deed of Trust or in the City has executed a separate written waiver of this option. The following shall not constitute a Transfer: (a) A transfer of the Property from a deceased Borrower to the surviving spouse of the Borrower if the surviving spouse is also named as a Borrower; (b) A transfer of the Property by a Borrower to his/her spouse pursuant to which the spouse becomes a co -owner of the Property; (c) A transfer of the Property resulting from a decree of dissolution of the marriage or legal separation or from a property settlement agreement incidental to such a decree which requires the Borrower to continue to make payments on the Note and by which a spouse who is already a Borrower becomes the sole owner of the Property; (d) A transfer of the Property to a Borrower to an inter -vivos trust in which the Borrower is the sole beneficiary; and (e) A transfer by means of encumbering the Property with a lien that is a junior lien to the lien securing the loan to Borrower evidenced by the Deed of Trust. All payments made under this Note shall be paid in lawful money of the United States to the City of Chula Vista at 276 Fourth Avenue, Chula Vista, CA 91910, Attention: Development Services Department, Housing Division. 4. Prepayment. Borrower has the right to prepay the principal without incurring any penalty, apart Tom any interest that may be due under default provisions above. In the event that Borrower chooses to prepay the Note, Borrower must notify Note Holder in writing. Upon, such prepayment, the City's share of the Equity shall become immediately due and payable to the Note Holder. If the property is for sale or in escrow at the time of notification, the Note will be part of the escrow and Borrower will incur appropriate equity share as an obligation. Upon full repayment under this Section 4, all related Loan Documents shall be released. 5. Ectulty. "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: (a) principal on the original First Note and the Deed of Trust; and (b) principal on this Second Note and Deed of Trust to the City of Chula Vista, along with any interest and fees due thereof; and (c) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) current year taxes, including all pro -rata real estate taxes calculated to the date of sale; and (e) borrower's net down payment not including the loan from the City to Borrower (excluding normal fees associated with a loan transaction); and Initials Promissory Note (rev. 3- 10 -15) 2015 -03 -17 Agenda Packet Page 172 EXHIBIT G SILENT SECOND PROMISSORY NOTE (f) Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The remaining balance ( "Equity") shall be split between the City and Borrower using the following formula: City, investment (Principal amount of the Silent Second Note) =c;ri horE� "Rveonefe�� �a Fair Market Value of the Property at time of initial purchase 6. Default Under Deed of Trust. Notwithstanding any other provisions of the Note, if default occurs in any of the covenants or agreements contained in the Deed of Trust securing this Note, this Note shall immediately become due and payable in full at the option of the City. In the event the City exercises such option, the amounts due and payable shall be the principal balance remaining on the Note and other amounts owing, together with accrued but unpaid interest as described above. 7. Acceleration of Payment. The principal amount of this loan, together with any then outstanding accrued interest thereon shall become immediately due and payable, at the option of the holder and without demand or notice, upon the occurrence of any of the following events: a. In the event of a default under the terms of this Note, Deed of Trust, or Regulatory Agreement; b. In the event as Borrower shall cease to occupy the Property as Borrower's principal place of residence; or c. In the event of any sale, transfer, lease, or encumbrance of the Property without City's prior written consent in violation of Paragraph 3 of this Note. 8. Attorneys' Fees. Should suit be commenced to collect on this Note, or any portion thereof, such sum as the court may deem reasonable shall be added hereto as attorneys' fees. 9. Time. Time is of the essence herein. 10. Amendments. This Note may not be modified or amended except by an instrument in writing expressing such intention and signed by an authorized representative of the City and Borrower. 11. Severability. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity and binding effect of the remainder of this Note upon the parties. 12. Borrower's Waivers. Borrower waives any rights to require the City to perform certain acts. Those acts are: (a) To demand payment of amounts due (known as "presentment"). (b) To give notice that amounts due have not been paid (known as "notice of dishonor"). (c) To obtain an official certification of non - payment (known as "protest'). 13. Giving of Notices. Any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it first class mail or by certified mail, return receipt requested, addressed to Borrower at the address set forth above. A notice that must be given to the City under this Note will be given by mailing it certified mail, return receipt request, to the City at the address Initials Promissory Note (rev. 3- 10 -15) 2015 -03 -17 Agenda Packet Page 173 EXHIBIT C SILENT SECOND PROMISSORY NOTE stated in Section 3 above. Any party may change its address by a notice given to the other party in the manner set forth in this Section. 14. Joint and Several Responsibility. If more than one person executes this Note, each is fully and personally obligated to pay the full amount owed and to keep all promises in this Note. NOTICE TO BORROWER Do not sign this Note if it contains blank spaces. All spaces should be completed before you sign. Borrower: Date: (INSERT BORROWER NAME) Borrower: Date: (INSERT BORROWER NAME) Initials Promissory Note (rev. 3- 10 -15) 2015 -03 -17 Agenda Packet Page 174 EXHIBIT D SILENT SECOND TRUST DEED FREE RECORDING REQUESTED PURSUANT TO GOVERNMENT CODE SECTION 27383 WHEN RECORDED PLEASE MAIL TO: City of Chula Vista Housing Division 276 Fourth Avenue Chula Vista, CA 91910 APN: (SPACE ABOVE FOR RECORDER'S USE ONLY) FTHB # NOTICE: THIS DEED OF TRUST SECURES A SHARED APPRECIATION LOAN WITHIN THE MEANING OF CIVIL CODE SECTION 1917, ET SEQ. DEED OF TRUST (SHARED APPRECIATION) THIS DEED OF TRUST, is made this day of 201_, among the Trustor, , as (Insert Vesting) (herein "Borrower"), and the City of Chula Vista (herein "Beneficiary") a public body, corporate and politic, whose address is 276 Fourth Avenue, Chula Vista, CA 91910. BORROWER, in consideration of the indebtedness herein recited and the trust herein created, irrevocably grants and conveys to (Insert Title Company) (herein "Trustee "), in trust, with power of sale, the following described property located in the City of Chula Vista, County of San Diego, State of California (which has the address of , Chula Vista California 9191T (herein "Property Address"A: SEE EXHIBIT "A" ATTACHED HERETO FOR LEGAL DESCRIPTION Said Deed of Trust is second and subsequent in lien to a First Deed of Trust recording concurrently herewith in favor of the first lien holder, Lender is a Corporation organized and existing under the laws of the State of California, first lien in the amount of Dollars and 00 /cents ( .00); TOGETHER with all the improvements now and hereafter erected on the Property, and all easements, rights, appurtenances and rents (subject however to the rights and authorities given herein to the Beneficiary to collect and apply such rents), all of which shall be deemed to be and remain part of the property covered by this Deed of Trust; and all of the foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter referred to as the "Property; TO SECURE to the Beneficiary the repayment of the indebtedness evidenced by Borrower's promissory note, dated and extensions and renewals thereof (herein "Note"), in the principal sum Initials Deed of Trust (rev. 3- 10 -15) 1 2015 -03 -17 Agenda Packet Page 175 EXHIBIT D SILENT SECOND TRUST DEED of Dollars and 00 /cents ($__- .00), with default interest thereon, if any, and the Equity portion payable to Beneficiary as provided hereinafter, if not sooner paid, which shall become immediately due and payable if all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), (each of which is called a 'Transfers) without the prior written consent of Beneficiary; the payment of all other sums, with default interest thereon, if any, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the covenants and agreements of Borrower herein contained. Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property, and that the Borrower's subject property is unencumbered except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to encumbrances of record. UNIFORM COVENANTS Borrower and Beneficiary covenant and agree as follows: I. Payment of Principal and interest. Borrower shall promptly pay when due the principal, interest, and shared equity (if any) indebtedness evidenced by the Note. If payment of the indebtedness is.required due to a Sale of the Property where the purchase price is equal to or less than the Acquisition Cost of the Property, assuming an open and competitive sale, then repayment shall be made in the following order and amount: (a) Outstanding principal balance of the primary lender's loan; (b) Borrower's net down - payment investment and normal cost of sale (3% minus closing costs /fees); (c) The principal and interest amount of the Beneficiary's loan; (d) Shared Equity; and (e) Any remainder to borrower. 2. Funds for Taxes and Insurance. To protect the security of the Deed of Trust, Trustor agrees to pay, at least ten (10) days before delinquency, all taxes and assessments affecting said property; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; and all costs, fees and expenses of this Deed of Trust. Should Trustor fail to make any payment or to do any act as herein provided, then Beneficiary, without obligation to do so and without notice to or demand upon Truster and without releasing Truster from any obligation hereof, may make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his/her reasonable fees. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Beneficiary under section 1 and 2 shall be applied; first, to any prepayment charges due under the Initials Deed of Trust (rev. 3- 10 -15) 2 2015 -03 -17 Agenda Packet Page 176 EXHIBIT D SILENT SECOND TRUST DEED Note; second, to amounts payable under section 2; third, to principal due; fourth, to shared equity due; and last, any remainder to the borrower. 4. Prior Mortgages and Deeds of Trust; Charges; [.iens. Borrower shall perform alt of Borrower's obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this Deed of Trust, and leasehold payments or ground rents, if any. 5. Hazard Insurance. Borrower shall keep the improvement(s) now existing or hereinafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage', and such other hazards as Beneficiary may require and in such amounts and for such periods as Beneficiary may require. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Beneficiary; provided, that such approval will not be unreasonably withheld. All insurance policies and renewals thereof shall be in a form acceptable to Beneficiary and shall include a standard mortgage clause in favor of and in a form acceptable to Beneficiary. Beneficiary has the right to hold the policies and renewals thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Beneficiary. Beneficiary may make proof of loss if not made promptly by Borrower. If Property is abandoned by Borrower, or if Borrower fails to respond to Beneficiary within 30 days from the date notice is mailed by Beneficiary to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Beneficiary is authorized to collect and apply the insurance proceeds at Beneficiary's option either to restoration or repair of the Property or to the sums secured by this Deed of Trust. 6. Preservation and Maintenance of Property, Condominium,. Cooperatives, Planned Unit Developments. Borrower will keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property and shall maintain property including the principle house, garage, and out buildings as well as lawn maintenance, and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold. If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants, conditions and restrictions, creating or governing the condominium, planned unit development, the by -laws and regulations of the condominium or planned unit development, and constituent documents. 7. Protection of Beneficlary Security. If Borrower fails to perform the covenants and agreements contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Beneficlary's interest in the Property, then Beneficiary, at Beneficiaryrs option, upon notice to Borrower, may make such appearances, disburse such sums including reasonable attorneys` fees, and take such action as is necessary to protect Beneficiary's interest. If Beneficiary required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrowers and Beneficiary's written agreement or applicable law. Any amounts disbursed by Beneficiary pursuant to this Paragraph, with interest thereon, at the original Note rate, will become additional indebtedness of Borrower secured by this Deed of Trust. Unless Borrower and' Beneficiary agree to other terms of payment, such amounts will be payable initials Deed of Trust (rev. 3- 10.15) 3 2015 -03 -17 Agenda Packet Page 177 EXHIBIT D SILENT SECOND TRUST" DEED upon notice from Beneficiary to Borrower requesting payment thereof. Nothing contained in this Paragraph will require Beneficiary to incur any expense or take any action hereunder. 8. Inspection. Beneficiary may make or cause to be made reasonable entries upon and inspections of the Property, provided that Beneficiary will give the Borrower notice prior to any such. inspection specifying reasonable cause therefore related to Beneficiary's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Beneficiary subject to the terms of any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed of Trust, 10. Borrower Not Released; Forbearance by Beneficia Not a Waiver. Extension of the time for payment or modification of payment of the sums secured by this Deed of Trust granted by Beneficiary to any successor in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's successors in interest. Beneficiary shall not be required to commence proceedings against such successor or to extend time for payment or otherwise modify payment of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest. Any forbearance by Beneficiary in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any such right or remedy. 11. Successors and Assigns Bound Joint and Several Liability; Co-signers. The covenants and agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of Beneficiary and Borrower, subject to the provisions of Paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several. Any Borrower who co- signs this Deed of Trust, but does not execute the Note: (a) Is co- signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust, (b) Is not personally liable on the Note or under this Deed of Trust, and (c) Agrees that the Beneficiary and any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to the terms of this Deed of Trust or the Note, without that Borrowers consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property. 12, Notice. Except for any notice required under applicable law to be given in another manner, any notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by certified mail, addressed to Borrower at the Property address or such other address as Borrower may designate by notice to Beneficiary as provided herein, and (a) Any notice to Beneficiary will be given by certified mail, return receipt requested, to Beneficiary address stated herein or to such other address as Beneficiary may designate by notice to Borrower as provided herein. (b) Any Notice provided for in this Deed of Trust shall be deemed to have been given to Borrower or Beneficiary when given in the manner designated herein. 13. Governing Law Severabilit . The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of Federal law to this Deed of Trust. In the event that any provision or clause of this Initials Deed of Trust (rev. 3- 10 -15) 4 2015 -03 -17 Agenda Packet Page 178 EXHIBIT SILENT SECOND TRUST DEED Deed of Trust or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to be severable. As used herein, "costs ", "expenses" and "attorneys' fees" include all sums to the extent not prohibited by applicable law or limited herein. 14. Borrower's Copy,. Borrower shall be furnished a conformed copy of the Note and this Deed of Trust at the time of execution or after recordation hereof. 15. Regulatory, Agreement. Borrower shall fulfill all of Borrowers other loan agreement(s) which Borrower enters into with the City, including, without limitation, the Regulatory Agreement with the City. 16. Rehabilitation Loan Agreement (if applicable). Borrower shall fulfill all of Borrower's obligations under any home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Beneficiary. Beneficiary, at Beneficiarys option, may require Borrower to execute and deliver to Beneficiary, in a form acceptable to Beneficiary, an assignment of any rights, claims or defenses which Borrower may have against parties who supply labor, materials or services in connection with improvements made to the Property. 17. Transfer of the Property, or a Beneficial Interest in Borrower during Regulatory Agreement's Effective Period. If all or any part of the Property or any interest in it is sold, rented, refinanced, conveyed or transferred (or if a beneficial interest in Borrower is sold, rented, refinanced, conveyed or transferred and Borrower is not a natural person), the "Equity=', as hereafter defined, in the Property shall be shared between the Borrower and the Beneficiary on the following basis: "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: (a) principal on the original First Note and the Deed of Trust; and (b) principal on this Second Note and Deed of Trust to the City of Chula Vista, along with any interest and fees due thereof; and (c) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; and (d) current year taxes, including all pro -rata real estate taxes calculated to the date of sale; and (e) borrower's net down payment not including the loan from the City to Borrower (excluding normal fees associated with a loan transaction); and (f) Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The remaining balance ( "Equity") shall be split between the City and Borrower using the following formula: City investment (Principal amount of the Silent Second Note) = City % of Equity to be recaptured Fair Market Value of the Property at time of initial purchase NON - UNIFORM COVENANTS Borrower and Beneficiary further covenant and agree as follows: Initials Dead of Trust (rev. 3- 10 -15) 5 2015 -03 -17 Agenda Packet Page 179 EXHIBIT D SILENT SECOND TRUST DEED 18.. Acceleration, Remedies. Upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums secured by this Deed of Trust, and those contained in paragraph 17 hereof, the Beneficiary, prior to acceleration, shall give notice to Borrower as provided in Paragraph 12 hereof specifying: (a) The breach; (b) The action required to cure such breach; (c) A date, not less than 10 days from the date the notice is mailed to Borrower, by which such breach must be cured; and (d) That failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration of sale. If the breach is not cured on or before the date specified in the notice, Beneficiary, at Beneficiarys option, may declare all of the sums secured by this Deed of Trust to be immediately due and payable without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Beneficiary shall be entitled to collect all reasonable costs and expenses incurred in pursuing the remedies provided in this Paragraph 17, including, but not limited to, reasonable attorneys' fees. If Beneficiary invokes power of sale, Beneficiary shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Beneficiarys election to cause the Property to be sold and shall cause such notice to be recorded in each county in which the Property or some part thereof is located. Beneficiary or Trustee shall mail copies of such notice in the manner prescribed by applicable law. Trustee shall give public notice of sale to the persons and in the manner prescribed by applicable law. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terns designated in the notice of sale in one or more parcels and in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or Beneficiarys designee may purchase the Property at'any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) To all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) To all sums secured by this Deed of Trust; and (c) The excess, if any, to the person or persons legally entitled thereto. 19. Borrower's Right to Reinstate. Not withstanding Beneficiarys acceleration of the sums secured by this Deed of Trust due to Borrower's breach, Borrower shall have the right to have any proceedings begun by Beneficiary to enforce this Deed of Trust discontinued at any time prior to five days before sale of the Property pursuant to the power of sale contained in this Deed of Trust or at any time prior to entry of ajudgment enforcing this Deed of Trust if: initials Deed of Trust (rev. 3- 10 -15) 6 2015 -03 -17 Agenda Packet Page 180 EXHIBIT D SILENT SECOND TRUST DEED (a) Borrower pays Beneficiary all sums, which would be then due under this Deed of Trust, and the Note, had no acceleration occurred; (b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in the Deed of Trust; (c) Borrower pays all reasonable expenses incurred by Beneficiary and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust, and in enforcing Beneficlary's and Trustee's remedies as provided in Paragraph 18 hereof, including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such action as Beneficiary may reasonably require to assure that the lien of this Deed of Trust, Beneficiarys interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired. Upon such payment and cure by Borrower, this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred. 20. Asslanment of Rents, Appointment of Receiver; Boneficlary in Possession. As additional security hereunder, Borrower hereby assigns to Beneficiary the rents of the Property, provided that Borrower shall, prior to any default by Borrower in payment of any indebtedness secured hereby or in performance of any agreement hereunder, have the right to collect and retain such rents as they become due and payable. Upon any such default, the Beneficiary, in person, by agent or by judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the property including those past due. All rents collected by Beneficiary or the receiver shall be applied first to payment of the cost of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Deed of Trust. Beneficiary and the receiver shall be liable to account only for those rents actually received. The entering upon and taking possession of said property and the collection of such rents and the application thereof as aforesaid shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 21. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Beneficiary shall request Trustee to reconvey the Property and will surrender this Deed of Trust and all Notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if any. 22. Substitute Trustee. The Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Beneficiary and recorded in the office of the Recorder of the county where the Property is located. The instrument shall contain the name of the original Lender, Trustee and Borrower, the book and page where this Instrument is recorded and the name and address of the successor trustee. The successor trustee shall, without conveyance of the Property, succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 23. Request for-Notices. Borrower requests that copies of the Notice of Default and Notice of Sale be sent to Borrower's address, which is the Property Address. Beneficiary requests that copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust be sent to Initials Deed of Trust (rev. 3- 10 -15) 7 2015 -03 -17 Agenda Packet Page 181 EXHIBIT D SILENT SECOND TRUST DEED Beneficiary's address, as set forth on Page One of this Deed of Trust as provided by Section 2924b of the Civil Code of California. 24. Fee for Requested, Statements. The Beneficiary may charge a fee not to exceed Sixty Dollars ($60,00) for furnishing the statement of obligation as provided in Section 2943 of the Civil Code of California. 26. Deed of Trust Rider. The Deed of Trust Rider executed by Borrower is attached and made part of this Deed of Trust. 26. Covenants Conditions and Restrictions. The Property is subject to Covenants, Conditions and Restrictions ( "Restrictions ") between the Beneficiary and the Borrower, that are not attached hereto but are incorporated by reference. Borrower acknowledges receipt of said Restrictions and agrees for him /herself/ his/her heirs, successors and assigns to be bound by the same. Restrictions refer to any and all program specific documents including any and all certifications made by the Borrower and Lender to the Beneficiary in order for the Borrower to receive First Time Homebuyer assistance. 27. Warranties of Borrower. Borrower warrants to City that: (a) Borrower is a first -time homebuyer; that is, s /he and/or spouse has not owned a home, or had any ownership interest in a home within a three -year (3 year) period immediately preceding the date of this Deed of Trust, and (b) That Borrower's annual gross income does not exceed one hundred twenty percent (120 %) of the median income for the San Diego metropolitan area, as adjusted for family size, as said median income is determined by the U.S. Department of Housing and Urban Development (HUD), on the latter of: 1. The date of initial application to the City; or The date of the recordation of this Deed of Trust. (c) That for so long as Borrower owns the Property, Borrower will reside in the Property as Borrower's principal place of residence. Borrower agrees not to sublet, lease or rent out the Property during the term of this Deed of Trust. 28. Subordination. The Beneficiary and Borrower acknowledge and agree that this Deed of Trust is subject to and will subordinate in all respects to the liens, terms, covenants and conditions of the First Trust Deed and to all advances heretofore made or which may be hereafter be made pursuant to the First Trust Deed including all sums advanced for the purpose of: (a) Protecting or further securing the lien of the First Trust Deed, curing defaults by the Borrower under the First Trust Deed or for any other purpose expressly permitted by the First Trust Deed; and (b) Constructing, renovating, repairing, furnishing, fixturing or equipping the Property. The terms and provisions of the First Trust Deed are paramount and controlling, and they supersede any other terms and provisions hereof in conflict therewith. In the event of a foreclosure of deed in lieu of foreclosure of the First Trust Deed, any provisions herein or any provision in any other collateral agreement restricting the use of the Property to low or moderate income households or otherwise restricting the Borrower's ability to sell the Property shall have no further force or effect on subsequent owners or purchasers of the Property. Any person, including his/her successors or assigns (other than the Borrower or a related entity of the Borrower), receiving title to the Property Initials Deed of Trust (rev. 3- 10-15) 8 2015 -03 -17 Agenda Packet Page 182 EXHIBIT D SILENT SECOND TRUST DEED through a foreclosure or deed in lieu of foreclosure of the First Trust Deed shall receive title to the property free and clear from such restrictions. Further, if the Primary Lender acquires title to the Property pursuant to a deed in lieu of foreclosure, the lien of this Deed of Trust shall automatically terminate upon the Primary Lender's acquisition of title, provided that: (a) The Beneficiary has been given written notice of a default under the First Trust Deed; and (b) The Beneficiary shall not have cured the default under the First Trust Deed, or diligently pursued curing the default as determined by the Primary Lender, within the 60 -day period provided in such notice sent to the Beneficiary. The Beneficiary and Borrower further acknowledge and agree that this Deed of Trust will only subordinate for a rate and term refinance of the First Trust Deed at the discretion of the Beneficiary and shall not be subject to subordination for a cash out refinance, equity line of credit or any other such form of refinance as deemed inappropriate by the Beneficiary. 29. Funds for Taxes and Insurance. The Beneficiary will waive collection of impounds for taxes and assessments (including condominium, planned unit development and planned residential development assessments, if any). Borrower will make all payments for impounds to First Trust Deed holder. 30. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)) ❑ Transfer Rider ❑ 1-4 Family Rider ❑ Other(s) [specify): ❑ Condominium Rider ❑ PUD Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. BORROWER BORROWER Initials Deed of Trust (rev. 3- 10 -15) 9 2015 -03 -17 Agenda Packet Page 183 EXHIBIT D SILENT SECOND TRUST DEED ACKNOWLEDGMENT: A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the trutlifuluess, accuracy, orvalidity of that document. STATE OF CALIFORNIA COUNTY OF SAN DIEGO On before me, a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument, and acknowledged to me that helshe /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 persons acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. (SEAL) WITNESS my hand and official seal. Signature of Notary Initials Deed of Trust (rev. 3- 10 -15) 10 2015 -03 -17 Agenda Packet Page 184 EXHIBIT D SILENT SECOND TRUST DEED 00 NOT RECORD THIS PAGE REQUEST FOR RECONVEYANCE TO TRUSTEE: The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally entitled thereto. Dated: DO NOT LOSE OR DESTROY THIS DEED OF TRUST OR THE NOTE WHICH IT SECURES. BOTH MUST BE DELIVERED TO THE TRUSTEE FOR CANCELLATION BEFORE RECONVEYANCE WILL BE MADE. Initials Deed of Trust (rev. 3- 10 -15) 11 2015 -03 -17 Agenda Packet Page 185 EXHIBIT D SILENT SECOND TRUST DEED EXHIBIT "A" Legal Description Initials Deed of Trust (rev. 3- 10 -15) 12 2015 -03 -17 Agenda Packet Page 186 EXHIBIT E SUPPLEMENTAL APPLICATION Siena and Palermo at Lake Pointe Lake Pointe offers attached town homes in the master planned community of Eastlake III in Chula Vista, Each unit has a garage, 2 -4 bedrooms, and 1.5-3 baths. Community amenities include a swimming pool, picnic /barbeque facilities, tot lot and access to a public trail system. 11 Affordable Units Available (4) 2 bd /1.5 bath $281,990 (5) 3 bd/ 2 -3 bath $335,990- $339,990 (1) 4 bd /2.5 bath $369,900 (1) 4 bd /3.5 bath $371,990 210 Market Rate Units Available (X) 2 bd /1.5 bath (X) 3 bd/ 2 -3 bath (X) 4 bd /2.5 bath No Income Verification Required No Income Verification Required No Income Verification Required For more information about Lalce Pointe, the units, floorplans, etc, please visit the website at www.lennar.com or stop by the Sales Center in Eastlake at Olympic Parkway between Olympic Vista Road and Wueste Road. The purpose of this program is to provide affordable homeownership opportunities for moderate - income households. The City of Chula Vista and Lennar Homes thanks you for your interest in Lake Pointe and requests that you read this information in its entirety. It is very important that you understand ALL of the program requirements, AFFORDABLE HOUSING UNITS The City of Chula Vista has established an Affordable For Sale Housing Policy that governs all affordable for sale housing units constructed within the City. In order to qualify to purchase an Affordable Housing Unit, applicants must meet ALL of the requirements outlined within this document and provide the required documentation. Income restrictions apply, Please refer to the chart below for the MAXIMUM gross income based upon household size, which is defined as the total number of people residing within the household, You must be able to provide evidence that the people you list as household occupants will reside in the affordable unit. Gross income is the total amount of income earned by all persons, over the age of 18, within the household before all standard withdrawals (including federal tax, state tax, social security, etc.) Household Size 1 2 3 4 5 6 7 Maximum Gross Income $61,100 $69,800 $78,550 $87,250 $94,250 $101,250 $108,200 2015 -03 -17 Agenda Packet Page 187 EXHIBIT E SUPPLEMENTI4L APPLICATION ADDITIONAL AFFORDABLE HOUSING PROGRAM REQUIREMENTS Buyer must be a First time Homebuyer, which is defined as a person who has not had ownership interest in a property within the last three years. Have sufficient funds available to contribute the required downpayment of three percent (3 %) of the Purchase Price plus closing costs (approximately 3 %). ® Maximum liquid assets after down payment and closing cost contribution must not exceed $25,000. Must be able to qualify for the loan with the incomes of only the members who will occupy the Affordable Unit. Non - occupant co- borrowers are NOT allowed. Be a citizen or other national of the United States or a qualified alien as defined by the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). ® Be pre - qualified by a designated Mortgage sales representative using their credit, income and loan requirements. BUYER SELECTION CRITERIA The Developer will use the following criteria in order to determine priority for purchase of an Affordable Unit. A point system has been established so that applicants with a higher number of points will receive preference for units. 5 points Households which are displaced from their primary residence as a result of any of the following: (i) expiration of affordable housing covenants applicable to such residence; (ii) an action of the City; (iii) closure of a mobile home or trailer park community in which the household's residence was located; or (iv) a condominium conversion involving the household's residence. One member in the household must have resided in such housing as the primary place of residence for at least one year prior to such action or event. 3 points Households with at least one member who has worked or lived within the City, as that person's principal place of full -time employment or residency, for at least one year prior to the date of application for such housing. 2 points Households with at least one member who is a Public Safety employee (fire and police) or Credentialed Teacher. 1 point All other applicants who do not meet any of the above criteria. In addition to the established point system, larger families will be given consideration for larger units with a greater number of bedrooms. Please be advised that you will be required to verify each household member that you indicate will occupy the unit. 2015 -03 -17 Agenda Packet Page 188 EXHIBIT E S UPPLEMENTA L APPLICATION LAKE POINTS AFFORDABLE MOUSING UNIT APPLICATION 2015 -03 -17 Agenda Packet Page 189 EXHIBIT E SUPPLEMENTAL APPLICATION HOUSEHOLD INFORMATION: List ALL household members Including Applicant(s) that will reside in the Affordable Housing Unit. Attach proof of tnis intormation. Total # of persons in Household Total yearly Household Income $ Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant Name Age M/F Relationship to Applicant BUYER SELECTION CRITERIA INFORMATION: if you respond YES to any of the questions below, you MUST provide written evidence with your application or you may not receive all eligible points. 1) Do /Did you have to leave your most recent PRIMARY residence due to either: 1) the expiration of affordable housing covenants; 2) an action of the City of Chula Vista; 3) closure of the mobilehome park that you reside in; or 4) the conversion from rental condominiums to for -sale condominiums. Please note that in order for you to be eligible under this category at least one member of your household must have resided in the unit for at least one year. In addition, the displacement must have occurred within the last year or is scheduled to occur within one year. You must submit evidence of your displacement with your application in order to be awarded points in this category. ❑ Yes ❑ No 2) Do you have one member of your household whose principal place of full -time employment or residency is located within the City of Chula Vista for a minimum year prior to this application? ❑ Yes ❑ No 3) Do you have any member of your household who is a full -time Public Safety employee (fireman /woman or policeman /woman) or full -time CREDENTIALED teacher? You must submit evidence of your employment position in order to be Q Yes ❑ No 2015 -03 -17 Agenda Packet Page 190 EXHIBIT E SUPPLEMENTAL APPLICATION AFFORDABLE HOUSING APPLICATION CHECKLIST This checklist contains a list of documents that you are REQUIRED to submit, along with the completed Application as part of the application review process. Please review the list carefully and include COPIES of all documents that you are submitting. If there are any documents listed that you do not believe you are required to submit please indicate N/A and state the reason why the information is not attached. You must attach this signed checklist as part of your application packet. APPLICATIONS THAT ARE MISSING DOCUMENTATION WILL NOT BE CONSIDERED. ❑ Six months of most current and consecutive bank /investment /retirement statements for ALL accounts (all pages) ❑ Most recent paycheck stubs covering a 30 -day period for each borrower a Most recent three (3) years W -2s and /or 1099s for each borrower ❑ Most recent three (3) years Federal Tax Returns for each borrower (all schedules) ❑ Complete divorce decree(s) with all attachments, if applicable ❑ Complete bankruptcy papers with all schedules and discharge papers for bankruptcies within the last 7 years, if applicable ❑ Copy of Green Card, front and back, if applicable or other appropriate proof of legal U.S. residency If you are self - employed, also provide the following: ❑ Most recent three (3) years tax returns and copies of 1040s, W -2s, 1099s and /or K -1s for each borrower ❑ Limited or General Partnership returns (if ownership interest is 25% or greater)- copies of form 1065 ❑ Sub Chapter S Corporation returns (if ownership interest is 25% or greater)- copies of form 1120 S ❑ U.S. Corporation returns (if ownership interest is 25% or greater)- copies of form 1120 u YTD Profit and Loss Statement (in some cases this may need to be audited) 2015 -03 -17 Agenda Packet Page 191 EXHIBIT E SUPPLEMENTAL APPLICATION AFFORDABLE HOUSING UNIT AFFIDAVIT By signing below each applicant makes the following certifications; I, the undersigned, as part of my application for an Affordable Housing Unit within the Lennar Homes Lake Pointe development (the "Program "), and in connection with a purchase of a multi - family condominium (the "Residence ") and an application for a mortgage loan (the "Mortgage Loan ") from a lender (the "Lender`) of my choosing, do hereby state that I have carefully reviewed this document. I understand and agree with the answers I have provided, and do furthermore certify the following: 1. That those people who I expect to share occupancy of the Residence with me are listed under the Household Information section of the Application. 2. That my spouse, whether on title or not, is an Applicant for the Program and must sign this Application. 3. That I am a first -time homebuyer, who has not had an ownership interest in a principal residence within the three years immediately preceding the date of this application, and I do not and will not have an ownership interest in a principal residence prior to the date of loan closing. (An ownership interest means ownership by any means, whether outright or partial, including property subject to mortgage or other security interest; it also includes a fee simple ownership interest, a joint ownership interest by joint tenancy in common, or tenancy by the entirety or a life estate interest.) 4. That I will submit true and complete copies of all requested documentation. 5. That the Residence will be occupied and used as my principal place of residence within 30 days of the date of Mortgage Loan closing. 6. That the Residence will not be used as an investment property or second home 7. That the Mortgage Loan is a first mortgage, not a replacement mortgage. S. That my income does not exceed the program income limits. 9. That no person related to me has, or is expected to have, an interest as a creditor in the Mortgage Loan being acquired for the Residence. 10. That I may seek financing from any Lender of my choosing, and that I am in no way prohibited from seeking financing from any potential Lender, so long as the Lender executes and complies with the terms of the Program Guidelines. AFFORDABLE HOUSING UNIT CERTIFICATION I acknowledge and understand that this Affidavit, as completed above, will be relied on for determining my eligibility for An Affordable Housing Unit. I acknowledge that a material misstatement negligently made by me in this Affidavit or in any other connection with my Application for an Affordable Housing Unit will constitute a violation punishable by a fine and possible criminal penalties imposed by law, and will result in the cancellation or revocation of the Loan. I acknowledge that any false statement or misrepresentation or the fraudulent use of any instrument, facility, article, or other valuable thing or service pursuant to my participation in the Program is punishable by fine. BUYER DATE BUYER DATE 2015 -03 -17 Agenda Packet Page 192 SCHEDULEI LIST OF MARKET RATE PRICES* FOR PHASE 2 PALERMO PLAN 1 (2 bedroom) $281,990 SIENA PLAN 1 (3 bedroom) $335,990 SIENA PLAN 2 (3 bedroom) $339,990 PALERMO PLAN 2 (4 bedroom) $369,990 PALERMO PLAN 3 (4 bedroom) $371,990 =NOTE: Prices of market rate units are subject to change with each subsequent sales release. SCHEDULEI 2015 -03 -17 Agenda Packet Page 193 RESOLUTION NO. 2015- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AFFORDABLE HOUSING REGULATORY AGREEMENT RELATED TO LAKE POINTE BETWEEN THE CITY AND LENNAR HOMES OF CALIFORNIA INC. AND AUTHORIZING THE CITY MANAGER TO RELEASE THE ATTENDANT SECURITY AGREEMENT AND BOND UPON COMPLETION OF THE RECORDATION OF THE REGULATORY AGREEMENT AND PAYMENT OF THE IN -LIEU FEE TO THE CITY'S INCLUSIONARY FUND AS PROVIDED FOR IN THE REGULATORY AGREEMENT WHEREAS, the City's Balanced Communities Policy ( "Inclusionary Policy ") requires 10 percent of any new subdivision in excess of fifty (50) units to be made affordable for low and moderate - income families (5% low and 5% moderate); and WHEREAS, an "Agreement to Post Security for Affordable Housing Obligation" ( "Security Agreement ") was entered into on March 13, 2013 with Lennar Homes of California, Inc. ( "Developer "), to secure the satisfaction of their Affordable Housing Obligation "; and WHEREAS, the Developer desires to exercise the alternative method of compliance identified in Section 1.2.b of the Security Agreement which requires the construction of eleven moderate income housing units and payment of an in -lieu fee to the City of $1,378,842 (for 11.1 units) to be placed into the Inclusionary Housing Fund; and WHEREAS, the Security Agreement requires the Developer within two years to posting of the bond to enter into a regulatory agreement related to any units to be constructed; and WHEREAS, to comply with the Security Agreement, the City has prepared an Affordable Housing Regulatory Agreement between the City and Lennar Homes of California Inc., ( "Developer ") for City Council's consideration and approval, a copy of which is on file with the City Clerk's Office; and WHEREAS, City Policy No. 453 -02 sets forth the equity requirements for homebuyers in affordable housing projects; and WHEREAS, the Federal Housing Administration ( "FHA ") and Department of Veterans Affairs ( "VA ") have changed their financing underwriting requirements, and City Policy 453 - 02's equity requirements do not yet reflect the changed FHA and VA underwriting requirements; and WHEREAS, given the current FHA and VA underwriting requirements, the equity share requirements set forth in Policy No. 453 -02 have been modified for initial homebuyers of this project in order to meet current FHA and VA financing underwriting requirements; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the Affordable Housing Regulatory Agreement for Lake Pointe between the City and Lennar Homes of California Inc., in substantial form, and authorize the City Manager to release the Security Agreement and bond upon completion of the recordation of the Regulatory Agreement on the eleven moderate units and payment of the required in -lieu fee to the City's Inclusionary Housing Fund. The City Council further authorizes the City Manager to make such minor modifications that may be approved or required by the City Attorney. 2015 -03 -17 Agenda Packet Page 194 Presented by: Kelly Broughton Director of Development Services Approved as to form by: Glen R. Googins City Attorney 2015 -03 -17 Agenda Packet Page 195