HomeMy WebLinkAbout2016/02/09 Item 5 - Additional Information ��(/� City of Chula Vista
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����STA Staff Report
File#: 15-0634, Item#: 5.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE
TERMS FOR A TRANSFER AGREEMENT AND OPERATING AGREEMENT BETWEEN THE
UNITED STATES OLYMPIC COMMITTEE (USOC) AND THE CITY OF CHULA VISTA (CITY)
_ PROVIDING FOR USOC TRANSFER TO CITY OF THE CHULA VISTA OLYMPIC TRAINING
CENTER PROPERTY AND FACILITIES, AND CITY OPERATION OF THE FACILITY WITH THE
USOC AS ITS PRIMARY TENANT FOR A PERIOD OF FOUR YEARS (WITH EXTENSIONS)
RECOMMENDED ACTION
Council adopt the resolution.
SUMMARY
In 2014, the United States Olympic Committee ("USOC°) approached the City to inquire if the City
would be interested in taking title to the Chula Vista Olympic Training Center ("CVOTC") land and
improvements and to continue operating the facility as a USOC Training Site. Negotiations
commenced and in June 2015, the City and the USOC entered into a memorandum of understanding
to establish exclusive negotiating terms and to establish preliminary terms and a framework for
creating final terms and conditions for transfer. The City's negotiating team has been working
diligently to develop the terms, conditions and framework for the proposed transfer. This action brings
fonvard for the Council's consideration and approval the key provisions of the proposed transfer and
operating agreements. City staff will provide additional details during its presentation on this item
and, if approved by the Council, will return on February 16, 2016 with the final agreements for
approval.
ENVIRONMENTAL REVIEW
Environmental Notice
The activity is not a "ProjecY as defined under Section 15378 of the California Environmental Quality
Act ("CEQA") State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no
environmental review is required.
Environmental Determination
The Director of Development Services has reviewed the proposed for compliance with CEQA and
has determined that the activity is not a "Project" as defined under Section 15378 of the California
Environmental Quality Act State Guidelines because the activity consists of approval of proposed
business terms for transfer and operating agreements for the USOC site, and does not involve a
potentially significant physical impact on the environment. Therefore, pursuant to State Guidelines
Section 15060(c)(3) no environmental review is required.
BOARD/COMMISSION RECOMMENDATION
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Not applicable.
DISCUSSION
The Chula Vista Olympic Training Center is the first USOC training center to be master-planned from
the ground up and is dedicated to the development and performance of America's future Olympic
Athletes. The Olympic Training Center was opened in 1995 and operates under a declaration of
Covenants, Conditions and Restrictions specific to operating an Olympic Training Center for training
in Olympic Sporting Events or other similar athletic or sporting events excluding professional-for-profit
sports teams as a primary use and other uses reasonably related to such athletic training, including
without limitation, educational or recreational uses; exhibits, touring, visitors center, gift shops, athlete
housing, dining hall, offices, concessions, restaurant and snack shops.
The Chula Vista Olympic Training Center rests on a 155-acre complex adjacent to the Lower Otay
Reservoir and has benefited thousands of Olympic hopefuls, local youth, numerous community
groups and countless visitors from around the globe. Thousands of student-athletes and coaches
also gain access to the Chula Vista Olympic Training Center for clinics and competitions when
venues are not being utilized by Olympic athletes-in-training. Current resident athletes include
Archery, Rugby, Track & Field and Paralympic Track 8� Field. Other frequent users include Beach
Volleyball, BMX, Canoe/Kayak, Cycling, Field Hockey, Rowing, Soccer, Tennis and Triathlon.
In 2014, the USOC approached the City to inquire if the City would be interested in taking title to the
CVOTC land and improvements and to continue operating the facility as a USOC Training Site.
Negotiations commenced and, in June 2015, the City and the USOC entered into a memorandum of
understanding (MOU) to establish exclusive negotiating terms and to establish preliminary terms and
a framework for creating final terms and conditions for transfer. The MOU was extended in
September 2015. During the initial period of negotiation, the City and USOC entered into an
agreement with JMI Sport to do a feasibility study for the potential transfer of the CVOTC. As a result
of the JMI study and with further analysis conducted by the City and USOC, an operating model has
been developed that will allow the City to continue operation of the CVOTC, (to be known as the,
"Chula Vista Elite Athlete Training Facility") as an Olympic and Paralympic Training Site with other
uses and events reasonably related to sports consistent with the CC&R's. The model includes the
construction of additional athlete dorms, creation of a non-profit oversight entity and selection of a
third-party operator to minimize risk to the City's general fund.
In July 2015, the City issued a Request for Expressions of Interest (RFEI) for an operator. Eleven
potential operators responded. Through a series of evaluations, the City and the USOC narrowed
the selection and ultimately selected the Point Loma Trust (PLT) as our preferred operator.
Kev Provisions
Transfer:
1. Property to be Transferred.
USOC will transfer to City the land, facilities and equipment comprising the Chula Vista
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Olympic Training Center. The transfer will include an assignment of all leases and contracts,
including all agreements pertaining to the Easton Archery Center and the Otay Lakes
Boathouse.
2. Purchase Price.
One Dollar.
3. Conditions to Close.
a. Due Diligence. City to review and approve or disapprove the physical and legal
condition of the Property.
b. Operator Contract. City to enter into an agreement with Point Loma Trust on terms
satisfactory to the City for the operations of the Facility.
c. Housing Agreement. Ciry to have entered into a contract for the development of a one
hundred bed coach/athlete housing facility.
All of this shall occur on or before March 31, 2016.
4. Transfer Date. ,
December 31, 2016.
Core Operating Agreement:
1. City Responsible for Facility Operations
On the Transfer Date the City will assume total responsibility for operation of the Facility. The
City can assign this responsibility to a third party operator subject to USOC reasonable
approval. The Point Loma Trust is designated as a "pre-approved" operator. The USOC will
continue to operate and control access to Sports Medicine Facilities, with priority access to the
Weight Room, Track and Field Office and High Altitude Dorm Rooms.
2. Term.
Four years, with options to extend upon mutual agreement.
3. USOC Minimum Commitment
As part of the agreement, the USOC has agreed to make a minimum annual payment to the
City of $3 million per year in consideration for guaranteed use of 60 beds, facilities access and
meals at agreed-upon rates. USOC can pay for additional beds, access and meals at City
established "market" rates. The current and newly constructed dorms would be programmed
and rented to the USOC, National Governing Bodies (NGB's), international athletes, college
and high school teams for training and sport clinics. Use by the USOC exceeding $3 million
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minimum would be billed established rates. Non-USOC users (other than USOC-approved
NGB's) would be billed separately and would not count toward the $3 million minimum.
4. City Duty to Maintain and Operate Facility Consistent with Elite Athlete Standards
City to maintain and operate the facility consistent with Elite Athlete Standards as necessary to
support USOC Minimum Commitment usage, but othenvise as City deems appropriate. City
to meet and confer with USOC to addr�ss any adverse impacts to elite athletes caused by City
operations.
5. Insurance and Indemnities
Each party to provide insurance and indemnify the other for negligence or misconduct.
6. Facility Name, Olympic Marks and Sponsors.
a. The initial name of the facility shall be the "Chula Vista Elite Athlete Training Facility."
b. USOC agrees to designate the Facility as an official "U.S. Olympic and Paralympic
Training Site.° City can use this designation on Facility signage, banners and, promotional
materials per standards established by USOC.
c. City to work with USOC to give USOC sponsors priority opportunities for special event
and facility sponsorships; non-USOC sponsors can also participate subject to agreed-upon
standards.
7. Operations Plan.
USOC and City to coordinate reservations system and facility resource allocation to assure
USOC effective use of its Minimum Commitment capacity, and City's ability to effectively
market its Discretionary Capacity to NGBs and other facility users. The Chula Vista Elite
Athlete Training Facility can be programmed and used for special events and other non-
Olympic training not materially adverse to elite athlete training.
8. Non-Discrimination and Athlete Safety
City shall impose and enforce standards for non-discrimination and athlete safety.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property
holdings within 500 feet of the boundaries of the property which is the subject of this action.
Consequently, this item does not present a disqualifying real property-related financial conflict of
interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the
Political Reform Act (Cal. Gov't Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any
other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
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The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy
Community, Strong and Secure Neighborhoods and a Connected Community. The operations of the
Olympic Training Center support the Economic Vitaliry goal as the City will be able to maximize the
use of this valuable asset as an economic driver.
CURRENT YEAR FISCAL IMPACT
Approving the terms of the agreement will have no fiscal impact in the current fiscal year.
ONGOING FISCAL IMPACT
The ongoing fiscal impacts will be determined once the negotiations with the operator have been
finalized. The agreement with the operator will be brought back for City Council consideration at
which time a fiscal analysis will be provided.
ATTACHMENTS
None.
Staff Contact: Kelley Bacon, Deputy City Manager
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RESOLUTION NO.
� RESOLUTION OF THE CITY COiJi`'CIL OF THE CITI' OF CHULA VISTA
APPROVII�'G THE TERI�4S FOR A TRAI�'SFER AGREEMENT AI�'D
OPERATING AGREEh4ENT BETWEEN THE UI�'ITED STATES OLYMPIC
COMMITTEE (USOC) AI�'D THE CITY OF CHULA VISTA (CITY)
PROVIDItr'G FOR USOC TRAI�'SFER TO CITY OF THE CHULA VISTA
OLYMPIC TRAINING CENTER PROPERTY AT�'D FACILITIES. AND CITY
OPERATION OF THE FACILITY V�'ITH THE USOC AS ITS PRIMARY
TEI�'AI�'T FOR A PERIOD OF FOUR YEARS (A'ITH EXTENSIONS)
��'HEREAS, in 2014, the United States OI}�mpic Committee (`USOC") approached the
Cih� to inquire if the Cit�� would be interested in tal:ine title to the Chula Vista Olympic Training
Center ("CVOTC") land and impro��ements and to continue operatine the facility as a USOC
Trainine Site: and
WHEREAS. neeotiations commenced betN�een the Citv and the USOC. and in June 201�.
the parties entered into a memorandum of understanding to establish eaclusive negotiating terms
and to establish preliminarv terms and a frame���ork for creating final terms and conditions for
USOC transfer and operating agreements; and
WHEREAS; the City's neeotiating team has been workin2 dilieenth� to develop the
terms, conditions and framework for the proposed transfer and operatine a�reements and has
presented those to the City Council; and
WHEREAS, Cin� staff���ill pro��ide additional details durine its presentation on this item
and; if approved by the Council, ���ill retum on Februar�- 16, 2016 ���ith the final aereements for
appro��al; and
VdHEREAS; based on the proposed terms presented to it; the Citv Council desires that
Cih� staff continue with the neeotiations to brine fon��ard final agreements For the City Council`s
appro��al.
NOW. THEREFORE. BE IT RESOLVED bv the Cirv Council of the Citv of Chula
Vista, that it appro��es the proposed terms of the USOC transfer and operating aereements, in the
form presented, with such minor modifications as may be required or approved by the City
Attomev, and authorizes and directs the City`s negotiating team to proceed ��ith nesotiations,
pursuant to the terms presented. and directs staff to return as soon as reasonabh� possible to
present the final agreements to the Cit�� Council for consideration and appro��al.
Presented b�� Approved as to form by
Kellev Bacon Glen R. Goosins
Deput}� City Manager Cin� Attome�-