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2020-07-28 Agenda Packet
I declare under penalty of perjury that I am employed by the City of Chula Vista in the office of the City Clerk and that I posted the document according to Brown Act requirements. Dated: 7 Zf�D Signed:,, CITY OF CHULA VISTA Mary Casillas Salas, Mayor John McCann, Councilmember- District 1 Maria V. Kachadoorian, City Manager Jill M. Galvez, Councilmember- District 2 Glen R. Googins, City Attorney Stephen C. Padilla, Councilmember- District 3 Kerry K. Bigelow, City Clerk Mike Diaz, Councilmember- District 4 Tuesday, July 28, 2020 5:00 PM Via Teleconference Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL --REVISED 7/24/2020-- PURSUANT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE CITY COUNCIL AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ON TELEVISION AND/OR ONLINE AND NOT IN THE COUNCIL CHAMBERS. HOW TO WATCH: Watch the meeting via livestream at https://chulavista.legistarcomICalendaraspx, on AT&T U-verse channel 99(throughout the County), and on Cox Cable channel 24(only in Chula Vista). Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels)and are archived on the City's website. HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: https:Ilchulavista.granicusideas.com/meetings. The commenting period will be open shortly after the agenda is published will remain open through the meeting. All comments will be available to the public and the City Council using the eComment portal. Comments must be received prior to the time the Mayor calls for the close of the commenting period. Comments received after such time will not be considered by the City Council. If you have difficulty or are unable to submit a comment,please contact the City Clerk's Office at cityclerk@chulavistaca.gov or(619)691-5041. ACCESSIBILITY. Individuals with disabilities are invited to request modifications or accommodations in order to access and/or participate in a City meeting by contacting the City Clerk's Office at cityclerk@chulavistaca.gov or (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. ***The City of Chula Vista is relying on commercial technology to livestream and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. *** City of Chula Vista Page 1 Printed on 7124/2020 City Council Agenda July 28, 2020 CALL TO ORDER ROLL CALL: Councilmembers Diaz, Galvez, McCann, Padilla and Mayor Casillas Salas PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 20-0305 COMMUNITY SERVICES DEPARTMENT UPDATE - JUNE 2020 CONSENT CALENDAR (Items 1 - 20) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to comment on one of these items, do so at https://chula vista.granicusideas.com/meetings 1• 20-0295 APPROVAL OF MINUTES of December 3, and 10, 2019. Recommended Action: Council approve the minutes. 2• 20-0325 WRITTEN COMMUNICATIONS Memorandum from Councilmember Padilla requesting an excused absence from the June 16, 2020 City Council meeting. Recommended Action: Council excuse the absence. 3. 20-0263 RATIFICATION OF THE FOLLOWING SEAT ASSIGNMENT CHANGES FOR CITY COMMISSIONERS: GROWTH MANAGEMENT OVERSIGHT COMMISSION - Raymundo Alatorre, from Northwest Representative seat to District 1 Representative - Rodney Caudillo, from Southeast Representative seat to Business Representative - Gloria Juarez, from Southwest Representative seat to District 3 Representative City of Chula Vista Page 2 Printed on 7/24/2020 City Council Agenda July 28,2020 PARKS AND RECREATION COMMISSION - Nicole Enriquez, from At-Large seat to District 2 Representative - Hector Fernandez, from At-Large seat to District 3 Representative - Maria Garcia-Lopez, from At-Large seat to District 4 Representative - John Zarem, from At-Large seat to District 1 Representative Department: City Clerk Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended action: Council ratify the seat assignments. 4. 20-0311 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.39, HOTELS/MOTELS, REGARDING GUEST ROOM INSPECTIONS FOR EQUIPMENT AND AMENITY MINIMUM REQUIREMENTS FOR HOTEL/MOTEL OPERATING PERMITS (SECOND READING AND ADOPTION) Department: Police Department Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15309 Class 9 (Inspections) and Section 15061(b)(3). Recommended Action: Council adopt the ordinance. 5. 20-0312 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 3375 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MILLENIA) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT THEREOF (SECOND READING AND ADOPTION) Department: Development Services Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended action: Council adopt the ordinance. City of Chula Vista Page 3 Printed on 7/24/2020 City Council Agenda July 28,2020 6. 20-0100 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SOLE SOURCE PURCHASE AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT FOR THE ACQUISITION OF ONE PIERCE AERIAL LADDER TRUCK AND ONE PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE ENGINE ("FIRE SERVICE EQUIPMENT") AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE FINAL PURCHASE AND LEASE AGREEMENTS AND ANY INCIDENTAL NECESSARY DOCUMENTS IN FINAL FORMS APPROVED BY THE CITY ATTORNEY B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT AND EQUIPMENT SCHEDULE NO. 01 THERETO WITH BANC OF AMERICA PUBLIC CAPITAL CORP. FOR THE ACQUISITION, FINANCING AND LEASING OF CERTAIN FIRE SERVICE EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION ALL IN FINAL FORMS APPROVED BY THE CITY ATTORNEY Department: Fire Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolutions. City of Chula Vista Page 4 Printed on 7/24/2020 City Council Agenda July 28, 2020 7. 20-0302 RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA, AUTHORIZING THE EXECUTION AND DELIVERY OF EQUIPMENT SCHEDULE NO. 02 TO THE MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP. FOR THE ACQUISITION, FINANCING AND LEASING OF CERTAIN EMERGENCY AMBULANCE TRANSPORT EQUIPMENT (TO INCLUDE AMBULANCES, GURNEYS, RADIO EQUIPMENT, AND CARDIAC MONITOR EQUIPMENT) FOR THE PUBLIC BENEFIT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION ALL IN FINAL FORMS APPROVED BY THE CITY ATTORNEY Department: Fire Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended action: Council adopt the resolution. 8. 20-0201 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING A CONTRACT FOR THE "HAZEL G COOK ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS (TRF0384)" PROJECT AND "KELLOGG ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS (STL0410)" PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF $600,000; AMENDING THE FISCAL YEAR 2020/21 CIP PROGRAM BUDGETS; AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Department: Engineering Department Environmental Notice: The Project qualifies for a Categorical Exemption pursuant to the California Environmental Quality Act State Guidelines Section 15301 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Structures). Recommended Action: Council adopt the resolution. City of Chula Vista Page 5 Printed on 7/24/2020 City Council Agenda July 28, 2020 9. 20-0209 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH NHA ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HARRELL & COMPANY ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES Department: Finance Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolutions. 10. 20-0210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND STIFEL NICOLAUS & COMPANY, INC. TO PROVIDE UNDERWRITING SERVICES Department: Finance Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. 11. 20-0256 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A SURPLUS IN THE IMPROVEMENT FUND (FUND 512), REDEMPTION FUND (FUND 811) AND RESERVE FUND (FUND 812) FOR THE CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) Department: Finance Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. City of Chula Vista Page 6 Printed on 7/24/2020 City Council Agenda July 28,2020 12. 20-0271 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES FROM GAPVAX INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SOURCEWELL CONTRACT NUMBER 122017-GPV IN AN AMOUNT NOT-TO-EXCEED FOUR MILLION DOLLARS ($4,000,000) THROUGH THE TERM OF THE CONTRACT (FEBRUARY 2022) Department: Public Works Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. 13. 20-0275 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING MULTIPLE DONATIONS IN THE AMOUNT OF $14,000 FOR COSTS ASSOCIATED WITH PARKS & RECREATION FACILITIES AND PROGRAMS AND AMENDING THE FISCAL YEAR 2019/20 PARKS AND RECREATION BUDGET TO REFLECT THE APPROPRIATION OF THESE FUNDS (4/5 VOTE REQUIRED) Department: Community Services Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines, therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Council adopt the resolution. City of Chula Vista Page 7 Printed on 7/24/2020 City Council Agenda July 28,2020 14. 20-0273 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER Department: Community Services Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Notwithstanding the foregoing, the activity qualifies for an Exemption pursuant to Section 15061(b)(3) of the California Environmental Quality Act State Guidelines. Recommended Action: Council adopt the resolution. 15. 20-0282 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $166,711 FROM THE UNITED STATES DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2019/20 POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND FOR THE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM (4/5 VOTE REQUIRED) Department: Police Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required Recommended Action: Council adopt the resolution. 16. 20-0296 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $200,800 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT FUND FOR OPERATION STONEGARDEN (4/5 VOTE REQUIRED) Department: Police Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended action: Council adopt the resolution. City of Chula Vista Page 8 Printed on 7/24/2020 City Council Agenda July 28, 2020 17. 20-0298 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $97,500 FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE COMMUNITY POLICING DEVELOPMENT MICROGRANTS PROGRAM, AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2020/21 POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND (4/5 VOTE REQUIRED) Department: Police Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. 18. 20-0310 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE 2017-2020 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE WESTERN COUNCIL OF ENGINEERS TO EXTEND THE TERM OF THE MOU TO JUNE 30, 2021 (This item was continued from the 7/14 meeting.) Department: Human Resources Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. 19. 20-0317 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT TO THE 2014-2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA POLICE OFFICER'S ASSOCIATION TO EXTEND THE TERM OF THE MOU TO JUNE 30, 2021 Department: Human Resources Department Environmental Notice: The activity is not a "Project' as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. City of Chula Vista Page 9 Printed on 7/24/2020 City Council Agenda July 28, 2020 20. 20-0318 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN THE ECONOMIC DEVELOPMENT AND POLICE DEPARTMENTS WITH NO NET INCREASE IN AUTHORIZED STAFFING B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2020/21 COMPENSATION SCHEDULE EFFECTIVE JULY 17, 2020, 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 TO ADD THE UNCLASSIFIED POSITION OF FA DEPUTY DIRECTOR LECC (FIRST READING) (4/5 VOTE REQUIRED) Department: Human Resources Department Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended action: Council adopt the resolutions and place the ordinance on first reading. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons commenting during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, you may do so at https://chulavista.granicusideas.com/meetings 21. 20-0304 PUBLIC COMMENTS RECEIVED for July 28, 2020 City of Chula Vista Page 10 Printed on 712412020 City Council Agenda July 28,2020 ACTION ITEMS The Item listed in this section of the agenda will be considered individually by the Council and is expected to elicit discussion and deliberation. If you wish to comment on the item, please do so at https://chulavista.granicusideas.com/meetings 22. 20-0324 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA EXTENDING THE CITY'S EVICTION MORATORIUM ORDINANCE (EMERGENCY ORDINANCE NO. 3489-A) UNTIL SEPTEMBER 30, 2020 Department: City Attorney & City Manager Environmental Notice: The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Recommended Action: Council adopt the resolution. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to comment on one of these items, you may do so at https://chulavista.gra nicusideas.com/meetings 23. 20-0292 CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF A PROPOSED 27,821 SQUARE-FOOT BUILDING PROJECT OFF AUTO PARK PLACE NORTH OF MAIN STREET RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE PLANNING COMMISSIONS DECISION AND APPROVING A DESIGN REVIEW PERMIT, DR19-0025 TO CONSTRUCT A 27,821 SQUARE-FOOT BUILDING WITH A 4,185 SQUARE-FOOT COVERED ENTRYWAY FOR SUPPORTIVE USES TO INCLUDE A VEHICLE COLLISION AND AUTOMOTIVE REPAIR FACILITY ON APPROXIMATELY 2.2 ACRES LOCATED AT 1880 AUTO PARK PLACE, NORTH OF MAIN STREET, SUBJECT TO THE CONDITIONS CONTAINED IN THE RESOLUTION Department: Development Services Department Environmental Notice: The Project was adequately covered in previously adopted Mitigated Negative Declaration (IS-02-006), for the Chula Vista Auto Park North Specific Plan. Recommended action: Council conduct the public hearing and adopt the resolution. City of Chula Vista Page 11 Printed on 712412020 City Council Agenda July 28,2020 CITY MANAGER'S REPORTS MAYOR'S REPORTS 24. 20-0232 CONSIDERATION OF REAPPOINTMENTS TO THE FOLLOWING BOARDS & COMMISSIONS: A. REAPPOINTMENT TO FIRST TERM (initial term less than two years) - Jim Combs, Board of Appeals and Advisors - Jeff Redondo, Cultural Arts Commission - Ricardo Gutierrez, Human Relations Commission - Michael McCabe, International Friendship Commission - Nicole Hobson, Measure A Citizens' Oversight Committee - David Martinez, Measure A Citizens' Oversight Committee - Lynnette Tessitore, Measure A Citizens' Oversight Committee - Maria Balolong, Veterans Advisory Commission B. REAPPOINTMENTS TO SECOND TERMS - Edgar Guerrero, Board of Ethics - Cory Fish, Civil Service Commission - Pat Mallen, Commission on Aging - Lorise Maynard, Cultural Arts Commission - Raymundo Alatorre, Growth Management Oversight Commission - Lucia Martinez, Healthy Chula Vista Advisory Commission - William Felix, Human Relations Commission - Paola Martinez-Montes, Human Relations Commission - Michael G. German, Parks and Recreation Commission - Rennsie Gregorio, Parks and Recreation Commission - Max Zaker, Planning Commission - Juan Cervantes, Safety Commission - Jose Torres, Veterans Advisory Commission - Antonio Baeza, Youth Action Council - Patricia Bessie, Youth Action Council - Rebeca Castillo, Youth Action Council - Annika Daglish, Youth Action Council - Christopher Garcia, Youth Action Council - Rodrigo Tapia Guevara, Youth Action Council - Steven Hahn, Youth Action Council City of Chula Vista Page 12 Printed on 712412020 City Council Agenda July 28, 2020 - Celina Luisa Miranda, Youth Action Council - Pranav Nambiar, Youth Action Council - Arturo Osorio, Youth Action Council - Meghan Palitz, Youth Action Council - Milana Rodriguez, Youth Action Council - Andrea Roji, Youth Action Council - Hector Vidrio, Youth Action Council - Alejandro Villalvazo, Youth Action Council - Eliya Yoo, Youth Action Council Recommended Action: Council make the reappointments as appropriate. 25. 20-0320 RATIFICATION OF APPOINTMENTS TO THE FOLLOWING: -Kate Bishop, Cultural Arts Commission -Larry Disharoon, Charter Review Commission -Todd Glanz, Charter Review Commission -Freda Hernandez-Nader, Healthy Chula Vista Advisory Commission -Alejandro Munoz Andrade, International Friendship Commission -Elizabeth Murphy, Healthy Chula Vista Advisory Commission -Allen Rodriguez, Healthy Chula Vista Advisory Commission -Angelica Rodriguez, Sustainability Commission 26. 20-0313 Consideration of appointment of a voting delegate and alternates for the 2020 League of California Cities Annual Conference, to be held in Long Beach, October 7 - 9. COUNCILMEMBERS' COMMENTS CITY ATTORNEY'S REPORTS CLOSED SESSION Announcements of actions taken in Closed Session shall be made available by noon on Wednesday following the Council meeting at the City Attorney's office in accordance with the Ralph M. Brown Act(Government Code 54957.7). 27. 20-0314 CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9d)(2) [or](3): One [1] Case. City of Chula Vista Page 13 Printed on 7124/2020 city council Agenda July 28,2020 ADJOURNMENT to the regular City Council meeting on August 4, 2020, at 5:00 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,please contact the Office of the City Clerk at cityclerk@chulavistaca.gov or(619) 691-5041. Sign up at www.chulavistaca.gov to receive email notifications when City Council agendas are published online. NOTICE OF REVIEW AND PENDING APPROVAL OF FINAL MAP(S) In accordance with California Government Code Section 66458(d), notice is hereby given that the City Engineer has reviewed and,immediately following this City Council meeting of July 28,2020, will approve the following final map(s): Chula Vista Tract 09-03 Otay Ranch Millenia Vibe EY0802 and Chula Vista Tract 09-03 Otay Ranch Millenia Cleo EY0804 Specifically, the City Engineer has caused the map(s)to be examined and has made the following findings: (1) The maps substantially conform to the approved tentative maps, and any approved alterations thereof and any conditions of approval imposed with said tentative maps. (2) The maps comply with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative maps. (3)The maps are technically correct. Said maps will be finalized and recorded, unless an interested party files a valid appeal of the City Engineer's action to City Council no later than 2:00 p.m., 10 calendar days from the date of this City Council meeting. A valid appeal must identify the improperfincorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the maps or your appeal rights, please feel free to contact Boushra Salem, Principal Civil Engineer at (619) 409-5483, or at bsalem@chulavistaca.gov City of Chula Vista Page 14 Printed on 7/24/2020 C® of Chula Vista Meetinge Minutes -, Draft Tuesday, December 3,2019 5:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 REGULAR MEETING of THE CITY COUNCIL The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented, except for Item 6, which was heard under Action Items. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to, order at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: P,resento. Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor Padilla and Mayor Casillas Salas Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Assistant City Clerk Turner PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Diaz led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 191-0534 PRESENTATION BY DR. EMERALD, RANDOLPH REGARDING THE 2019 CHRISTMAS IN OCTOBER PROGRAM Dr. Emerald Randolph and program recipient Ms. Loins gave a presentation on the item. B. 191-0562 PRESENTATION OF A PROCLAMATION COMMENDING KATE,LYNN STEGALL FOR HER OUTSTANDING J�OU�RNALISM CAREER AT SOUTHWESTERN COLLEGE Mayor Casillas,alas read the proclamation and Deputy Mayor Padilla presented it to Ms. Stegall. CONSENT CALENDAR (items 1 - 6) Mayor Casillas Salas announced that Item 6 was intended to be heard under action items, and that a minor typographical revision to Item 2 had been provided to the Council and would be incorporated into the item should it be adopted. 1. 191-0546 WRITTEN COMMUNICATIONS Memorandum from Deputy Mayor Padilla requesting an excused absence from the November 5, 2019 City Council meeting. Recommended Action: Council excuse the absence. City of Chula Vista Page 1 2020-07-28 Agenda Packet, Page 15 of 711 City Council Meeting Minutes-IDrarft. December 3,201 g 2. 19-0550 ORDINANCE NO. 3477 OF THE CITY OF CCH LA VISTA AMENDING MUNICIPAL CODE CHAPTER R 14.18, FLOODPLAIN REGULATIONS, TO INCORPORATE VARIOUS ADMINISTRATIVE REVISIONS NECESSARY FOR THE CITY TO REMAIN IN COMPLIANCE WITH THE CODE OF FEDERAL REGULATIONS AND REMAIN IN THE NATIONAL NAL F1.001 INSURANCE PROGRAM (SECOND READING AND ADOPTION Recommended Action: Council adopt the ordinance. . 19-9528 INVESTMENT REPORT FOR THE QUARTER ENDED, SEPTEMBER 39, 2019 Recommended Action: Council receive the report. 4. 191-0527 A. RESOLUTION NO. 2919-225 OF THE CITY COUNCIL OF THE CITY OF CCHULA VISTA ACCEPTING BIOS; WAIVING COMPETITIVE BIDDING, REQUIREMENTS; AND AWARDING A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY AND AZTEC LANDSCAPING, INC. TO PROVIDE ON CALL OPEN SPACE LANDSCAPING SERVICES B. RESOLUTION NO. 2919-226 OF THE CITY COUNCIL OF THE CITY OF CCHULA VISTA ACCEPTING F TING BIDS; WAIVING COMPETITIVE BIDDING, REQUIREMENTS; AND AWARDING A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY AND GEOCCAL ENVIRONMENTAL MANAGEMENT & LANDSCAPING TO PROVIDE ON CALL OPEN SPACE LANDSCAPING SERVICES C. RESOLUTION NO. 2019-227 OF THE, CITY COUNCIL OF THE CITY OF CCHULA VISTA ACCEPTING BIOS; WAIVING COMPETITIVE BIDDING, REQUIREMENTS; AND AWARDING A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY AND HELIX ENVIRONMENTAL CONSTRUCTION GROUP, INC. TO PROVIDE ON CALL OPEN SPACE LANDSCAPING SERVICES D. RESOLUTION NO. 2019-228 OF THE CITY COUNCIL OF THE CITY OF CCHULA VISTA ACCEPTING BIDS; WAIVING COMPETITIVE BIDDING REQUIREMENTS; AND AWARDING A CONTRACTOR SERVICES AGREEMENT BETWEEN THE CITY ANIS URBAN CORPS OF SAN DIEGO COUNTY TO PROVIDE ON CALL OPEN SPACE LANDSCAPING SERVICES Recommended Action: Council adopt the resolutions. City of Chula Vista Page 2 2020-07-2 Agenda Packet gage 16 of 711. City Council Meeting Minutes-IDraft. December 3,201 g 5. 19-0549 A. RESOLUTION NO. 2919-229 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TOW LICENSE 1=E B. RESOLUTION ON NCS. 2019-239 OF THE CITY COUNCIL CSF THE CITY OF CHULA VISTA AMENDING THE CITY-INITIATED TO'U1l' AND STORAGE FEATS SCHEDULE Recommended Action: Council adapt the resolutions. Item 6 was moved to Action Items.. Approval of the Consent Calendar ACTION: A motion was made by Councilmember McCann, seconded by Counclilimember Galvez, to approve staff s recommendations on the above Consent Calender helms, headings read,text waived.The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas No: 0 Abstain: ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Adam Sparks, Chula Vista resident, expressed concern regarding health & welfare related to sidewalk vending. Salvador R. Abrica, representing Teamsters Local union No. 542, spoke regarding an on-going labor dispute with Republic Services. Damon French, Chula Vista resident, expressed concern regarding city employee compensation. The following individuals spoke in opposition to the Crag Queen Story Time Programa -Alexandra Motz, Chula Vista resident -Lorena Am,briz, representing San Diego Mass Resistance, and she spoke on behalf of Tony Villafranca -Miranda Cscoto, Chula Vista resident -Chauncey Killens, Hemet resident -John Moore, San Diego resident The following individuals submitted written documentation in opposition to the Drag Queen Story Time Program, and did not wish to speak- -Shella Lujan, Chula Vista resident -Trevor D.Averett -Rhonda(Newland, Chula Vista resident -Cecilia T Pena, Chula Vista resident -(Noelle Tuning -Thomas Tuning City of Chula Vista page 3 2020-07-2 Agenda Packet, gage 17 of 711. City Council Meeting Minutes-IDraft. December 3,201 g ACTION ITEMS . 19-0554 RESOLUTION NO. 2919-231 OF THE CITY COUNCIL OF THE CITY OF CCHULA VISTA: (A) AMENDING RESOLUTION NO. 2919-196 CALLING GENERAL ELECTION TO BE HELD ON MARCH 3, 2029; B ORDERING SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A MEASURE TO REPEAL AND REPLACE C:HU�I A VISTA MUNICIPAL CODE CHAPTER 2.59; (CC) AUTHORIZING THE MAYOR TO SUBMIT BALLOT ARGUMENTS IN FAVOR OF THE MEASURE; AND D DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS OF THE MEASURE; AND E APPROPRIATING FUNDS ACCORDINGLY (4/5 VOTE REQUIRED) City Attorney Googins stated that a revised resolution had been distributed t® the Council, and that action on the item would be with respect to the revised document.. He gave a presentation and answered questions of the Council. Council discussion ensued.. Brad Barnum, San Diego resident spoke in opposition to staff's recommendation. ACTION: A motion was made by IDeputy Mayor (Padilla, seconded by Mayor Casillas Salas,. to adopt Resolution No. 2019-231, as revised, heading read, text waived. The motion carried by the following vote: "yes: 4- Diaz, Glv+ez, Padilla and CCasillas Salas INo: 1 - McCann Abstain: 7. 19'-0542 CONSIDERATION OF AMENDING THE CAPITAL IMPROVEMENT PROGRAM BUDGET FUNDED BY THE MEASURE P SALES TAX; AMENDING THE INFRASTRUCTURE, FACILITIES, AN FQU!IPMPNT EXPENDITURE PLAN; AND MAKING VARIOUS AMENDMENTS TO THE CCIP PROGRAM BUDGET'S RESOLUTION NO. 2019-232 OF THE, CITY COUNCIL OF THE CITY OF CCHULA VISTA AMENDING THE FISCAL YEAR 2919/20 CAPITAL IMPROVEMENT PROGRAM BUDGET BY ESTABLISHING NEW CLIP PROJECT: "FIRE STATION DOOR REPLACEMENT-CITYWIDE (MEASURE P);5) AMENDING THE INFRASTRUCTURE, FACILITIES, AND EQUIPMENT EXP NDITUR PLAN TO INCLUDE SAID PROJECT; AND AMENDING THE FISCAL YEAR 2919/29 CIP PROGRAM BUDGETS TO APPROPRIATE FUNDS THEREFOR 4/5 VOTE REQUIRED) Director of Finance Bilby answered questions of the Council. City of Chula Vista Page 4 2020-07-2 Agenda Packet, gage 18 of 711. City Council Meeting Minutes-(Draft. December 3,201 g ACTION: A motion was made by Councilmember (Diaz, seconded by Councilmember McCann, to adopt Resolution No. 2019-232, Leading read, text waived. The motion carried by the following vote: "yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: . 191-0543 A. RESOLUTION No. 2019-233 of THE CITY COUNCIL of THE CITY OF CHULA NISTA APPROVING 'THE AMENDED MEASURE A PUBLIC SAFETY EXPENDITUREPLAN; AMENDING THE FISCAL. YEAR 2019/20 OPERATING BUDGET FOR THE MEASURE A SALES TA? FUND FOR MEASURE A SALE' TAX REVENUES AND EXPENSES; AND AMENDING THE FISCAL. YEAR 20191/20 20 GENE AL. FUND OPERATING G BUDGE" FOR SAFER GRANT REIMBURSEMENTS AND FIRE ACADEMY EXPENSES (4l5 VOTE REQUIRED B. RESOLUTION NO. 2019-234 OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE AUTHORIZED POSITION COUNT FOR THE POLICE AND FIRE DEPARTMENTS WITH A NET INCREASE IN AUTHORIZED STAFFING (4/5 VOTE REQUIRED) Police Captain Sallee and Fire Chief G'eering gave a,presentation on the item. Darrell Roberts, representing Chula Vista firefighters, spoke in support of staffs recommendation. ACTION: A motion was made by Councilmember Diaz, seconded by Deputy (Mayor Padilla, to adopt Resolution Nos. 2019-233 and 2019-234, Readings read, text waived. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: 0 CITY MANAGER'S REPORTS City Manager Halbert thanked Fire Chief Geering, Police Chief Kennedy, Human Resources Director Chase, and Finance Director Bilby for their hard work and creativity on the Measure A item referenced above. MAYOR'S YOR'S REPORTS 91. 1191-0034 APPOINTM NT of CITY COUNCILM MBERS TO OUTSIDE AGENCIES: -Chula Vista Veterans Home Support Foundation - Member -Chula Vista Veterans Home Support Foundation -Alternate -Interagency Water Task Force - Two (2) M -International Council for Local Environmental Initiatives (ICLEI) - Environmental Lead City of Chula Vista Page 2020-07-2 Agenda Packet, gage 19 of 711. City Council Meeting Minutes-IDraft. December 3,201 g -International Council for Local Environmental Initiatives (ICLEI) -Alternate -League of California Cities, San Diego Division - Member -League of California Cities, San Diego Division -Alternate -Metropolitan Transit System Board of Directors (MTS) 1st Member (Mayor) -Metropolitan Transit System Board of Directors (MTS) - 2nd Member (City Councilmember) etropolitan Transit System Board of Directors (MTS) Alternate -Metropolitan 'Transit System Board of Directors (MTS) South Bay MTS Executive Committee Representative -Metropolitan Wastewater Commission (Metro) - Member -Metropolitan wastewater Commission (Metro) -Alternate -otay Valley Regional Park (OVRP) Policy Committee- Member -otay Valley Regional Park (OVRP) Policy Committee- Alternate -otay Ranch Preserve owner Manager(POM) Policy Committee - Member -otay Ranch Preserve owner Manager(PCM) Policy Committee -Alternate -San Diego Association of Governments (SANDAG) Board of Directors - Member -San Diego Association of Governments (SANDAG) Board of Directors 1 st Alternate -San Diego Association of Governments (SANDAG) Board of Directors - 2nd Alternate -San Diego Association of Governments (SANDAG) Bayshore Bikeway Committee -San Diego Association of Governments (SANDAG) Shoreline Preservation Working Group Member -South County Economic Development Council (EDC)- Member -South County Economic Development Council (EDC) Alternate -University Project Task Force with Southwestern College - Two (2) Members -Chula Vista Bayfront Facilities Financing Authority Board of Directors - Two (2) Members Mayor Casillas,alas distributed a document with proposed appointments to outside agencies. ACTION: A motion was made by Councillmemlber Galvez, seconded by Councillmemlber McCann,that the following appointments to outside agencies be made: City of Chula Vista Page 6 2020-07-2 Agenda Packet, gage 20 of 711. City Council Meeting Minutes-IDraft. December 3,201 g Councilmember McCann: Chula Vista Veterans Home Support Foundation Member; League of California Cities (LLC), San Diego, Division Member; San Diego Association of Governments (SANDAG) Board of Directors 2nd Alternate; South County Economic (Development Council (EDC) - Member; and San Diego Community Power Authority-Alternate Councilmember Gallvez: International Council for Local Environmental Initiatives (ICLEI) Alternate; Metropolitan Transit System Board of Directors (MTS) - 2nd Member (Councilmember); Metropolitan Wastewater Commission (Metria) Member; and San Diego, Association of Governments (SAINDAG) Bayshore Bikeway Committee Deputy Mayor Padilla: Metropolitan Wastewater Commission (Metra) - Alternate; Otay Ranch Preserve Owner Manager (PGM) Policy Committee Alternate; Otay Valley Regional Park (OVRP) Policy Committee - Alternate; Baan Diego Association of Governments (SAINDAG) Board of Directors - 1st Alternate; SAND�AG Shoreline (Preservation Working Group (Member; University Project Task Force with Southwestern College - Member; Chula Vista Bayfront Facilities Financing Authority Board of Directors Member; ;fan Diego Community Power Authority Member; and University Subcommittee - Member (internal subcommittee of the Council) Councilmember Diaz: Chula Vista Veterans Home Support Foundation Alternate; Interagency Water Task Force Member; Metropolitan Transit System Berard of Directors (MTS) - Alternate; Otay Manch Preserve towner Manager (POM) Policy Committee Member; Otay Valley Regional Park (GVIRP) Policy Committee -(Member; and South County Economic Development Council(MDC)-Alternate Mayor Casillas Salas: International Council for Local Environmental (Initiatives (IC .E1) Member; Interagency Water Task Force Member; League of California Cities (I-CC) San Diego Division Alternate; Metropolitan Transit System (MTS) - South Bay NITS Executive Committee Representative; Metropolitan Transit System Board of Directors (NITS) Member (Mayor); San Diego Association of Governments ( ANDAG) IDoard of Directors Member; University Project Task Force with Southwestern College Member; Chula Vista Bayfront Facilities Financing Authority IDoard of Directors - Member; and University Subcommittee Member(internal subcommittee of the Council) 'The motion carried by the following vote: Yes: 5- Diaz, Galvdez, McCann, (Padilla and Casiillas Salas INo: 0 Abstain: 0 110. 191-0540 APPOINTMENT OF DEPUTY MAYOR ACTION: A motion was made by Mayer Casillas Salas, seconded by Deputy (Mayor Padilla,. that Councilmember Gallvez be appointed Deputy Mayer beginning in 2020. The motion carried by the following vote: "Yes: 5- Diaz, Gave,z, McCann, (Padilla and Casillas Salas No: Abstain: 0 City of Chula Vista Page 7 2020-07-2 Agenda Packet, gage 21 of 711. City Council Meeting Minutes-IDrarft. December 3,2019 Mayor Casillas Salas expressed appreciation to the dedicated Chula Vista Public works employees that worked the Thanksgiving holiday assisting with flood restoration. She expressed gratitude to Hensel Phelps for their turkey gime-a-way, and stated she had attended the Mama's Kitchen tree lighting ceremony. Mayor Casillas Salas announced the City of Chula Vista was designated the first city designated by the Welcoming Cities organization, and was named by New American Economy as the second-best place for immigrants to lure. COU NCILM EMBERS' COMMENTS Councilmember McCann stated he had attended the South County Economic Development Council's 30th anniversary celebration at Aquati+ca and highlighted the upcoming opening of Sesame Street themes at the park. Councilmember Diaz spoke in response to the comments that were made under Public Comment regarding public safety salaries. Councilmember+Galvez spoke regarding the Starlight Parade and the San Diego Food Bank food pantry. CITY ATTORNEYS REIT S There were none. City Attorney Googins announced that item I 1 was being withdrawn and would not be discussed. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, Official Minutes and records of action taken during Closed Sessions are maintained by the City Attorney. 11. 1191-0552 CSC NF ER NCE WITH LEGAL C O SE --ANTIC:IP"ATED LITIGATION Significant exposure to litigation pursuant to Government ode Section 54956.9d)(2) [or](3): One [1 ] Case; William Knight, City of Chula Vista Claim Number C 'V2000 Item 11 was not discussed, ADJOURNMENT The meeting was adjourned at -05 p.m. Minutes prepared by:Sheree Kansas, Deputy City Clerk Kerry K. Bigelow, MMC;, City Clerk City of Chula Vida Page g 2020-07-2 Agenda Packet, gage 22 of 711. C® of Chula Vista Meetinge Minutes -, Draft Tuesday, December 10,2019 5:00 RM Council Chambers 276 4th Avenue, (Building A Chula Vista, CA 91910 REGULAR MEETING CSF THE CITY COUNCIL The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda items may be taken out of order during the meeting. The agenda items were considered in the order presented. CALL TO ORDER A regular meeting of the City Council of the City of Chula Vista was called to, order at 5:07 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Diaz, Councilmember Galvez, Councilmember McCann, Deputy Mayor Padilla and Mayor Casillas Salas Deputy Mayor Padilla arrived at 5.4 7 p.m. Also Present: City Manager Halbert, City Attorney Googins, City Clerk Bigelow, and Assistant City Clerk Turner PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Councilmember Galvez led the Pledge of Allegiance. SPECIAL ORDERS OF THE DAY A. 191-0553 PRESENTATION OF A PROCLAMATION TO ALICIA HNANDEZ IN RECOGNITION OF HER RETIREMENT AND 28, YEARS OF DEDICATED SERVICE WITH THE CITY OF CHULA VISTA Mayor Casillas Salas read the proclamation and Councilmember McCann presented it to Ms. Hernandez. CONSENT CALENDAR {(terms 1 - 11) Items 3, 4, 5, and 9, were removed from the Consent Calendar at the request of members of the public. 1. 191-0566 ORDINANCE NO. 3475 OF 'THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF 'THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE1 2019 EDITION (SECOND READING AND ADOPTION WITH TECHNICAL CORRECTION) Recommended Action: Council adopt the ordinance. City of Chula Vista Page 1 2020-07-28 Agenda Packet, Page 23 of 711 City Council Meeting Minutes-IDIraft December 10,2019 2. 19-0563 RESOLUTION NO. 2919-235 OF THE CITY COUNCIL OF THE CITY OF CCF ULA VISTA AUTHORIZING AN APPLICATION FOR THE (CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT — SENATE BILL 2 PLANNING GRANTS PROGRAM TO DEVELOP AN ALTERNATIVE COMPLIANCE PROGRAM IN THE OT'AY RIVER VALLEY WHICH WILL PROVIDE STORMY AT R POLLUTANT CONTROL AND/OR HYDE OMODIFICCATION MANAGEMENT COMPLIANCE E OPTIONS CONSISTENT TENS /'UITH THE 291 MU ICIPAL SEPARATE ,STORM SEWER SYSTEM PERMIT, AND (CONTINGENT UPON GRANT AWARD, ACCEPTING THE GRANT FUNDS, ENTERING INTO AN AGREEMENT WITH ICF INTERNATIONAL FOR CONSULTING SERVICES, AND APPROPRIATING FUND a THEREFOR 4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. Items 3, 4, and 5 were removed from the Consent Calendar at the request of a member of the public. . 19-9556 RESOLUTION NO 2919-238 OF THE CITY COUNCIL OF THE CITY OF CCF ULA VISNA ACCEPTING THE 2020,, LOCAL AL AIS OINTMFN'T LIST FOR BOARD, COMMISSION, AND COMMITTEE TERMS EXPIRING IN CALENDAR YEAR 2029 Recommended Action: Council adopt the resolution. 7. 191-0557 RESOLUTION NO 2919-239 OF THE, CITY COUNCIL OF THE CITY OF CCHUL.A VISTA APPROVING THE SECOND AMENDMENT TO THE. AGREEMENT BETWEEN THE CITY OF C HULA VISTA ANIS IAV ARCHITECTURE, INC. FOR DEIGN AND CONSTRUCTION ADMINISTRATION FOR THE DECK IN FRIENDSHIP PARD Recommended Action: Council adopt the resolution. . 191-9558 A. RESOLUTION NO 2919-240 OFT E CITY COUNCIL OF THE CITY OF CCHUL.A VISTA ADOPTING THE FIRST AMENDMENT TO THE. MEMORANDUM OF UNDERSTANDING BETWEEN N 'TH CITY AND MI MANAGERS PROFESSIONAL ASSOCIATION COVERING THE PERIOD OF DECEMBER 18, 2018 TO JUNE 307 2029, REGARDING ADDITION OF A POST—EMPLOYMENT HEALTH PLAN (PERP) B. RESOLUTION NO. 2919-241 O1= THE CITY COUNCIL O1= THE CITY OF CCHULA VISTA ADOPTING A POST—EMPLOYMENT HEALTH PLAN FOR ELIGIBLE PUBLIC EMPLOYEES Recommended Action: Council adopt the resolutions. Item 9 was removed from the Consent Calendar at the request of a member of the public. City of Chula Vista Page 2 2020-07-2 Agenda Packet, gage 24 of 711. City Council Meeting Minutes-IDraft. December 10,2019 10. 19-9569 A. RESOLUTION NO. 2919-244 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE CITY OF CHULA VISTA CAFETERIA BENEFITS P AN FOR 2929 B. RESOLUTION N . 2019-245 OF THE CITY COUNCIL OF THE CITY OF CCHULA VISTA AUTHORIZING THE RENEWAL OF A PROFESSIONAL SERVICES AGREEMENT WITH MARSH MCCLENNAN AGENCY, LLC. (PREVIOUSLY A N Y & BARNEY, LLCC. TO PROVIDE BROKER SERVICES FOR CITY EMPLOYEES BENEFITS PROGRAM Recommended Action: Council adopt the resolutions. 11 1. 19-9565 JOINT RESOLUTION NO. 2919-246 OF THE CITY COUNCIL OF THE CITY OF CCHULA VISTA, ALONG WITH OTHER STATE AND LOCAL STAKEHOLDERS,1 RECOMMENDING PROJECT ALTERNATIVES AND FEDERAL ACTIONS TO ELIMINATE DETRIMFNTAL TRANSBOUNDARY ARY FLOWS O1= 'WASTES IN THE TIJUANA RIVE VALLEY Recommended Action: Council adopt the resolution. Approval of the Consent Calendar ACTION: A motion was made by Counclmember McCann, seconded by Councllimember Diaz, to approve staff s recommendations on the above Consent Calendar items, headings read,text waived.The motion carried by the followings vote: Yes: 5- Diaz, Galvez, McCann, IPaudilla and Casillas Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR . 19-9499 RESOLUTION NO. 2019-236 OF THE CITY COUNCIL. OF THE CITY OF CCHULA VISTA APPROVING A CONSULTANT SERVICES AGREEMENT TO PROVIDE PROFESSIONAL SERVICES SUPPORTING CITY OF CCHULA VISTA IMPLEMENTATION OF SENATE BILL (SB) 743 BETWEEN THE CITY AND FEHR & PEERS AND APPROPRIATING FUNDS THEREFOR 415 VOTE REQUIRED Theresa Acerro, Chula Vista resident, spoke to opposition to the item. ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Diaz, to adopt Resolution No. 2019-236, heading read, text waived. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, (Padilla,and Casillas Salas No: 0 Abstain: 0 City of Chula Vista page 3 2020-07-2 Agenda Packet, gage 25 of 711. City Council Meeting Minutes-IDraft. December 10,2019 4. 19-0516 ANNUALREPORT' ECA DI G DEVELOPMENT IMPACT FEES, THE PARKLAND ACQUISITION ANIS DEVELOPMENT FEE, AND TRUNK SEWER CAPITAL RESERVE FUNDS FOR THE FISCAL YEAR ENDING JUNE 3012019 Delfina Gonzalez, Chula Vista resident, spoke regarding the difference in impact fees for the east side and the unrest side of the City. Theresa , cerro, Chula Vista resident, spoke in opposition to the item and asked questions regarding fees. ACTION: A motion was made by Councilmember Diaz, seconded by Deputy Mayer Padilla, to receive the report, headings read, text waived. The motion carried by the following vote Yes: 5- Diaz, Galvez, McCann, (Padilla and Caslllas Salas No: 0 Abstain: 0 5. 19-0519 RESOLUTION NO. 2019-237 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A PROJECT DEVELOPMENT COOPERATION AGREEMENT TWEEN THE CITY OF' CHULA VISTA AND LA KEVI EW 1, LLC, L.AKEVI EW 11, LLC, AND MOLLE.R OTAY LAKES INVESTMENT, LLC Theresa Acerro, Chula Vista resident, spoke in opposition to the item.. ACTION: A motion was made by Councilllmemlber Galvez, seconded by Councillmember Diaz, to adopt Resolution No. 2019-237, heading read, text walilvedl. The motion carried by the following vote: Yes: 5- Diaz, Galvez, McCann, Padilla and Casilllas Salas No: 0 Abstain: 0 1. 191-0559 A. RESOLUTION NO. 2019-242 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION ION SC HEDUL. ANIS CLASSIFICATION PLAN TO REF=LECT THE ADDITION AND DELETION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNTS IN VARIOUS DEPARTMENTS WITH NO NET INCREASE IN AUTHORIZED STAFFING B. RESOLUTION NO. 2019-243 OF THE, CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2019- 2020 COMPENSATION SCHEDULE EFFECTIVE DECEMBER 20, 2019, 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 TO ADD THE UNCLASSIFIED POSITION OF SMART TECHNOLOGY OFFICER (FIRST City of Chula Vida Page 4 2020-07-2 Agenda Packet, gage 26 of 711. City Council Meeting Minutes-IDraft. December 10,2019 READING) (4/5 V TT REQUIRED) Theresa Acerro, Chula Vista resident, spoke in opposition to the item. Human Resources Director Chase answered questions from the Council and responded' to the public speaker. ACTION: A motion was made by Councilmemwber Diaz, seconded by Councilmwember Galvez, to adopt Resolution Nos. 2019-242 and 2019-243, and (place the ordinance on first reading, headings read, text waived. The enation carried by the following vote: Yes: a- Diaz, Galvez, McCann, (Padilla and Casillas Salas INo: 0 Abstain: 0 PUBLIC COMMENTS Theresa Acerro, Chula Vista resident, spoke regarding the neat fiscal budget. Lillie Hebert, Chula Vista resident, spoke regarding City-flown flags, and in opposition to the Crag Queen ,Story Time Program. Kay Bodge and Toni Rowden, representing Friends of Norman Park Senior Center, spoke regarding parking issues, the need to replace signage in front of the facility, and requested a full-time recreation supervisor. The following individuals spoke in opposition to the Crag Queen Story Time Programa -Laura Douglas, Chula Vista resident -Art Hodges, and he spoke on behalf of the following: -Matt Hardy, San Diego resident -Eli Komai, ,San Diego resident - William Steffy, Chula Vista resident - Tom Tuning -Noel Tuning - Trevor D.,Aerett, Chula Vista resident -,Shella Lujan, Chula Vista resident -Pat Bradley, Chula Vista resident -Lorena Ambriz, Chula Vista resident The following individuals submitted written documentation in opposition to the Drag Queen Story Time Program, and did not wish to speak: -Lois llorera, Chula Vista resident -Amado Huizar, Chula Vista resident -Robin Thielsen CITY MANAGER'S REPORTS There were none. City of Chula Veda Page 2020-07-2 Agenda Packet, gage 27 of 711. City Council Meeting Minutes-IDraft. December 10,2019 MAYOR'S REPORTS fit. 19-0573 RATIFICATION OF APPOINTMENT OF JAMES SCOFIELD TO THE CHARTER REVIEW COMMISSION SION ACTION: A motion was made by Councilmember McCann, seconded by Deputy (Mayor Padilla, that the above appointment be ratified. The motion carried by the following vote "des: 5- Diaz, Galvez, McCann, (Padilla and Casillas Balms INo: 0 Abstain: Mayor Casillas Salas announced Governor Cavin Newsom joined Baja California Norte Governor Jaime Bonilla Valdez and Baja California Sur Governor Carlos (Mendoza Davis in reestablishing the Commission of the Californias. Mayor Casillas galas stated she had attended the First Friday Breakfast, and congratulated Councilmembers Diaz and Galvez on the success of the Starlight parade. She congratulated Novo Brazil on its upcoming grand opening in Ctay Ranch, and expressed holiday greetings. COUNCILIVIEMBERS" COMMENTS Councilmember McCann spoke of the Veterans Home Foundation holiday event and expressed gratitude to the staff He attended the League of California Cities event and expressed holiday greetings. Councilmember McCann offered condolences on the tragedy that occurred at the Pensacola, Florida Naval Air Station. Deputy Payor Padilla spoke regarding a community coffee he would host, and he expressed holiday greetings.. Councilmember Diaz thanked staff for their work on the Starlight parade and he expressed holiday greetings.. At the request of Councilmember Diaz, there was consensus of the Council to direct staff to provide a recommendation on forming a public safety committee or subcommittee. Councilmember Diaz spoke in support of developing a policy to consider controversial events prig to the events occurring. Council discussion ensued. At the request of Councilmember McCann, there was consensus of the Council to direct staff to draft a policy for Council consideration regarding disclosure and transparency for community events. Councilmember Galvez expressed gratitude to staff, volunteers, and sponsors for the Starlight parade. She spoke regarding a Holocaust exhibit at the Civic Center Library and expressed holiday greetings. CITY ATTORNEY'S REPORTS City Attorney Coogins ,Mated the Chula Vista Charitable Foundation would be holding an upcoming event at Novo Brazil. He announced that the Council would convene in closed session to discuss the item listed below. City of Chula Vista Page 6 2020-07-2 Agenda Packet, gage 28 of 711. City Council Meeting Minutes-IDraft. December 10,2019 Mayer Casrttas ,alas recessed the meeting at 7:13 p.m. The Council reconvened to Closed Session at 7:18 p.m., with all members present. CLOSED SESSION Pursuant to Resolution No. 13706 and Council Policy No. 346-03, official Minutes and records of action taken during Closed sessions are maintained by the City Attorney. 13. 191-0572 CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1) Case ame: Kenny Heinz v. City of Chula Vista, Worker's Compensation Appeals Board, Case No. ACJ 1111067'4 ACTION: No reportable action. ADJOURNMENT The meeting was adjourned at 7:19 p.m. Minutes prepared by.Sheree Kansas, Deputy City Clerk Kerry K. Bigelow, MMC, City Clerk City of Chula Vista Page 7 2020-07-2 Agenda Packet, gage 29 of 711. Mayor and City Council City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 CMTS'Of (619)69 1-5044 CH (619)476-5379 FAX MEMORANDUM DATE: 7/21/2020 TO: Mayr and Councilrrnembers CCE City Manager, City Clerk, City Attorney FROM: Stephen C. Padilla, Cauncilmember SUBJECT. 1 equest for Excused Absence Dear Mayor and Cour cilmembers, Please excuse any absence from the Citi Council meeting on 6/16/2020 due to a previously scheduled commitment with the San Diego Community Power board. Sincerely, fM9VY0X ooeo w0 IwI N'mrum'rrr .. Steve Padilla Councilmember District 3 1 2020-07-2 Agenda Packet gage 30 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: -0263 ,TITS RATIFICATION of THE FOLLOWING SLAB'ASSIGNMENT" CHANGES FOR CITY COMMISSIONERS: GROWTH MANAGEMENT OVERSIGHT COMMISSION Ra mundo Alatorre, from Northwest Representative seat to District 1 Representative ve Rodney Caudillo, from Southeast Representative seat to Business Representative Gloria Juarez,from.Southwest Representative seat to District 3 Representative PARKS AND RECREATION COMMISSION Nicole Enri uez,from At-Large seat to District 2 Representative Hector Fernandez, from At-Large seat to District 3 Representative Maria Garcia-Lopez,from At-Large seat to District 4 Representative John Zarem,from..At-Large seat to District 1 Representative RECOMMENDED ACTION Council ratify the seat assignments. SUMMARY Ratification of the seat assignments recommended by the Citi Clerk will reassign seated members on the Growth Management Oversight and the Parrs and Recreation Commissions to newly created Council district representative seats. ENVIRONMENTAL REVIEW The Director ofDevelopment Services has reviewed the proposed activity for compliance with the California Environmental Quality Act CLIA and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore,pursuant to Section 15060(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA. Thus,no environmental er tal review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, gage 31 of 711. DISCUSSION Background Ordinance No. 3490 provides regulations to address reassigning seated members when the Council revises, member seat qualifications for boards and commissions,which may occur in situations such as redistricting or restructuring a commission to include district-based residency requirements. In those cases, the City Clerk proposes revised seat assignments for the seated board and commission members, with the intent of reducing disruption to the board or commission. Reassigned members retain the term date they were originally assigned. Reassignment does not extend or reduce a member's term and does not allow a member to serve more consecutive terms than the member would otherwise be,entitled to serve., Through Ordinance Nos. 3435 and 3490, seat qualifications for the Growth Management Oversight Commission (GMOC) and Parks and Recreation Commission (PRC) were revised to include district-based seat requirements.The City Clerk is proposing the following revised seat assignments. Proposed Seat Assignments Growth Manauement Oversight Commission %..w Four seats on the GMOC were revised through Ordinance No. 3435 so that the four seats that required residency in the northwest, southeast, southwest, and northeast were changed to align with the four City Council districts,instead of the geographical regions that had been specified in the municipal code. The City Clerk proposes, the following revised seats. All members qualify for the new seats to which they would be assigned. Member Name CurrentSeat District of Res,idency Proposed Seat Raymundo Alatorre Northwest Rep. 1 District 1 Rep. Rodney Caudillo Southeast Rep. 1 Business Rep. Gloria Juarez Southwest Rep. 3 District 3 Rep. [Vacant] Northeast Rep. TBD District 2 Rep. Parks and Recreation Commission Four seats on the PRC were revised through Ordinance, No. 3490 to add district-based residency requirements. Previously all seven members of the PRC were appointed at-large. Of the seven seated members, at least one resides in each of the four Council districts. In instances where two members lived in the same district, a name was drawn by lot to determine who would be assigned the district seat. The City Clerk proposes the following revised seats. All members qualify for the new seats to which they would be assigned. P 2 2020-07-28 Agenda Packet, Page 32 of 711 Member Name Current Seat District of Residency Proposed Seat Nicole Enriquez At-Lare 2 District 2, Rep. Hector Fernandez At-Large 3 District 3 Rep. Maria Garcia-Lopez At-Large 4 District 4 Rep. John Zarem At-Large 1 District I Rep. DECISION-MAKER C"ONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the 500-foot rule found in California Code of Regulations Title 2,section 18702.2(a)(11),is not applicable to this decision for purposes of determining a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal. Gov't Code§87100,et seq.,).Staff is not independently aware, and has not been informed by any City Councilmember, of any other, fact that may constitute a basis for a decision maker conflict of interest in this matter. CURREN'T-YEAR FISCAL IMPACI 11 There is no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. ATTACHMENTS None. Staff Contact:Leah Larrarte P 3 2020-07-28 Agenda Packet, Page 33 of 711 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 pile IIS: -0311 ,TITS ORDINANCE OF THE CITY of CHULA VISTA AMENDING CTS LA VISTA MUNICIPAL CODE CHAPTER 5.39, HOTELS/MOTELS, REGARDING GUEST ROOM INSPECTIONS FOR EQUIPMENT AND AMENITY MINIMUM REQUIREMENTS FOR HOTEL/MOTEL OPERATING PERMITS (SECOND READING AND ADOPTION) RECOMMENDEDT Council adopt the ordinance. SUMMARY Chapter 5.39 of the Municipal Code requires that hotel/motel establishments comply with biennial health inspections conducted by state certified environmental health specialists. However,regional availability for p p environmental health specialists is limited and the biennial health inspections pose an overly onerous burden on the otel/motel industry given that the City performers annual hotel/motel guestroom minimum requirements that meet the state health inspection requirements. The Police Department recommends amending the existing ordinance to require hotel/motel establishments to meet west room minimum requirements as defined by Chapter 15.20.080. The amendment reduces costs to the hotel/motel establishments, only changes which entity performs the inspections and improves the safety of the community by requiring that the hotel/motel establishments meet the requirements on an annual basis as stated in Chapter 15.20.080 of the Municipal Code.All other terms within the ordinance remain unchanged. ENVIRONMENTAL REVIEW The Director of'De relopment Services has reviewed the proposed project for compliance with the California Environmental Quality Act(CEQA) and has determined that the project qualifies for,a Categorical Exemption pursuant to ,State CEQA Guidelines Section: 1.5309 Class 9 (Inspections) and section 15061(b)(3,); because it can be seen with certaintythat there is no possibility that the activity in question may have a significant effect on the environment."thus,no further environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Chapter 5.39 of the Municipal Code was established in 2006 to enhance the health,public safety and welfare of residents and visitors to the City.Among,other requirements,hotel/motel establishments are required to 1 . 0 0 1 P li1 2020-07-2 Agenda Packet, gage 34 of 711. meet biennial inspections performed by an environmental health specialist registered with the California Department of Health Services. The regional availability for environmental health specialists is limited and difficult to solicit, making the requirement overly onerous to the hotel/motel industry. The City of Chula Vista's Code Enforcement Division performs annual public health inspections that comply with Chapter 5.39 of the Municipal Code health requirements which are stated in 15.20.080 of' the Municipal Code health requirements. Minimum requirements in 15.2,0.080 are comparable to the items inspected by an environmental health specialist. DECISION-MAKER C"ONFLIC'Ir Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the, real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURREN'T-YEAR FISCAL IMPACI 11 The requirement for a biennial inspection as stated in Chapter 5.39.050 and the guest room minimum requirements as stated in Chapter 15.20.080 do not have any fiscal impact. ONGOING FISCAL IMPACT Amendments to Chapter 5.39.050 have no foreseeable fiscal impact to the City. Al"TACHMENTS Attachment 1: Ordinance amending Chula Vista Municipal Code Chapter 5.39 Hotels/Motels Staff Contact.-Joseph Walker,Supervising Public Safety Analyst,Police Department P : ge 2 2020-07-28 Agenda Packet, Page 35 of 711 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE of THE CITY OF CI-IULA TTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTER 5.39, HOTELS/MOTELS, REGARDING GUEST ROOM INSPECTIONS FOR EQUIPMENT AND AMENITY MINIMUM REQUIREMENTS FOR HOTEL/MOTEL OPERATING PERMITS WHEREAS, Chapter 5.39 of the Municipal Code sets forth the requirements for operating a hotel/motel within the Citi of Chula vista; and . . WHEREAS, the City Council is interested infacilitatingthe ability toeetthe inspection requirements established in Chapter 5.39 of the Municipal Code which currently state that biennialmotels/hotel inspections will be performed by an. environmental health specialist registered with_ the California Department of Health Services; an WHEREAS, the regional availability for environmental health specialists is limited and difficult to solicit different pricing making the requirement overly onerous to the hotel/motel industry; and WHEREAS, the City of Chula vista performs arcual public health. inspections that comply with Chapter 5.39 of the Municipal Code health requirements; and WHEREAS hestablishments must also meet extensive equipment and amenity requirements as specified in Chapter 15.20.o o of the Municipal Code; and WHEREAS hotel/motel establishments must meet these requirements on ars annual basis; ars NOW, THEREFORE, BE IT RESOLVED the City Council of the City o Chula vista does hereby amend Chapter 5.39.050 G to modify the biennial inspections performed by environmental health specialists to annual inspections by the City of Chula vista Development Services Director or his/her designee. NOW THEREFORE the City Council. of the City of Chula vista does ordain as follows: a . K.\��e.����u ��� x �u�a� jai ��a�����, �a�����.��,�� ����.q.�,����ama��u��, �a��au,a�a��a�� ����.q .rclaala1uae haun'e 200\0r(fin,,ince amerudnient Draft 0,40920210 2020-07-2 Agenda Packet gage 36 of 711. SECOND READING AND ADOPTION Ordinance Page 2 Section 1. Chapter 5.39 HO'TELS/MOTELS Sections: 5.39.020 Severability. 5.39.030 Definitions. 5.39.040 Permit to operate—Application deadline and fee. 5.39.050 Permit to operate—Application required—Contents. 539,060 Permit to operate—Grounds for denial. 539,070 Permit to operate—Denial—Appeal hearing, 539,080 Permit to operate—Display. 5.39.090 Permit to operate-1' ontransferabi i4144, 5.39.100 Permit to operate—Report of changes to the application. 539,110 Permit to operate—Revocation. 539,12(1 Notice of hearing, 5.39.130 Notice of revocation of permit to operate. 5.39.140 Notice of revocation of permit to operate—Removal or tampering with posted notice. 5.39.150 Permit to operate—Surrender following revocation. 5.39.160 Permit to operate—Reissue after revocation. 5.39.170 Violation—Penalty. 5.39.020 Severability. It is declared to be the intention of the City Council that the sections, paragraphs, sentences,, clauses and phrases of this chapter are severable, and if any phrase, clause, sentence, paragraph or section of this chapter shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this chapter. (Ord. 3041 § 2, 2006). 2020-07-28 Agenda Packet, Page 37 of 711 SECOND READING AND ADOPTION Ordinance Page 3 5.39.030 Definitions. For the purpose of this chapter, unless otherwise expressly stated, the following words and phrases shall have the meanings respectively ascribed to them by this section: A. "Calls for service" includes but is not limited to any and all calls to emergency services, (police, fire, medical) that result in a representative being dispatched or directed to the hotel/motel. This shall include any calls for service within the surrounding neighborhood that, through information or investigation, can be traced to the hotel/motel staff and/or registered guest(s) and/or visitor(s). Calls for service includes any self initiated activity and/or investigation based on the observation(s) of an emergency services representative. B. "Drug-related arrests" include, but are not limited to, those that involve the manufacture, cultivation, importation into the State, transportation,, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving, any controlled drug, narcotic or drug paraphernalia. C. "Guest" shall mean any person that occupies a guestroom. D. "Guestroom" shall mean a sleeping room in a hotel/motel designed and intended to be used as lodging as documented by the City Building Official or his designee. E. "Guestroom minimum requirements"' shall mean those requirements as set forth in Chapter 15.20 CVMC. F. "Hotel/motel"means any building or group of buildings or facility, containing six or more guestrooms, which is occupied or intended or designed for occupancy by guests for lodging or sleeping purposes and is held out as such to the public. "Hotel/motel" does not mean any hospital, convalescent home or sanitarium. G. "Hotel/motel, operation"means the occupancy of any guestroom or use of any hotel/motel facility regardless of compensation or remuneration. H. "Kitchen" shall mean a discrete area completely separate from the bathroom and toilet room, containing a sink, refrigerator, and cooking appliance. 1. "Manager" means any person who, in connection with the activities of a hotel/motel, manages the business's operations, including but not limited to the collection of rental charges, issuing of keys, direction of maintenance personnel, assigning of rooms to guests, and handling 2020-07-28 Agenda Packet, Page 38 of 711 SECOND READING AND ADOPTION Ordinance Page 4 guest affairs and overseeing security. The term shall also include resident manager and assistant manager. J. "Operator" means any person who is the proprietor of any hotel/motel, whether in the capacity of owner, lessee, receiver, sublessee, franchisee, mortgagee in possession, manager or agent of any of the aforementioned, who offers and accepts payment for rooms, guestrooms, sleeping accommodations, or board and lodging, and retains the right of access to, and control of, the dwelling unit. K. "Owner" shall mean any person, firm, association, partnership, or corporation, which is the record owner of real property as listed on the last equalized assessment roll as maintained by the San Diego County Assessor. It shall also mean any part owner,joint owner, or lessor of the whole or part of the land or buildings situated thereon. L. "Person" shall mean any natural person, firm, partnership, corporation, receiver, trustee, estate trust,, business trust, organization, or association. M. "Prostitution-related arrests" include, but are not limited to, those that involve prostitution or prostitution-related crimes such as pimping or pandering, in violation of Section 647(b), 315, 3161 65 .22, and 653.23 of the California Penal Code. N. "Toilet room" means a room that can be made private by locking a door that contains, a toilet and shall, comply in all ways with the California Building Codes in effect upon its construction. Toilet rooms may also contain lavatories,bathtubs or showers. (Ord. 3041 § 2, 2006). 5.3 .040 Permit to operate—Application deadline and fee. The annual permit to operate shall be applied for to the City Manager, or his designee, on a yearly basis by the operator of each hotel motel. The deadline for submitting the application shall be November I st, or, if this date falls on a Saturday or Sunday, on the next business day of the City of Chula Vista. The application shall be submitted with a processing fee, as identified in the City's master fee schedule. The permit shall be issued or denied within 60 days. The first operating permit will be required as of January 1, 2008, and on a yearly basis thereafter. In the event that a new hotel/motel operator applies for a pen-nit during the year prior to November I st, the permit will be issued or denied within 60 days. Any subsequent permit may 2020-07-28 Agenda Packet, Page 39 of 711 SECOND READING AND ADOPTION Ordinance Page 5 be applied for on November I st of the following year and issued or denied within 60 days. (Ord. 3041 § 2, 2006). 5.39.050 Perrot to operate—Appfication required—Contents. All persons applying to the City Manager, or his designee, for a permit to operate a hotel/motel shall file with the City Chief of Police, or his designee, a sworn application with processing fee therefor on forms provided by the City and containing information as follows: A. Business license in accordance with Chapter 5.13 CVMC, Rental Businesses. B. The name of the applicant and trade name, if any, of the business,, the name of the corporation and the name and address of its agent for service. C. The business name, address, and phone number of the hotel/motel, and the emergency contact phone information for the hotel/motel. D. The number of toilets in the hotel/motel. E. The number of kitchens in the hotel/motel. F. Proof of liability insurance, if applicable, including the carrier, policy number, agent's name, address and phone number or a statement of self-insurance. G. to an.. an.n.LLia'1.,jj'1.s ectio.i..'i.. b y t I i Services Di-rector or ............... his,/h.e.,r_deSi,gp e fl iz,il tlw, --t'.1-icilit .........-nets tl,--.i.e room. n,,.".)-.en1s as def.in,.ed in.. S .......... ___.......... ............... 1. .... ............. H. Transient occupancy tax bond if required by the City Finance Director. See Chapter 3.40 CVMC. Any material, misrepresentation in the application for the permit to operate a hotel/motel or a failure to provide the required information shall.be grounds for denial.. (Ord.. 3215 § 1, 2011; Ord. 3041 § 2, 2006). 2020-07-28 Agenda Packet, Page 40 of 711 SECOND READING AND ADOPTION Ordinance Page 6 5.39.0 60 Permit to operate—Grounds for denial. The permit to operate may be denied for any of the following reasons: A. The applicant is unable to establish a degree of financial responsibility required by Chapter 3.40 CVMC, Transient Occupancy Tax, or has an outstanding debt to the City incurred under CVMC 3.40.090. B. The hotel/motel property has an unabated notice of violation, in excess of 30 days, of the City Municipal Code that cites violations of the state of California housing law. C. Such other relevant facts as the Chief of Police, or his designee, may discover or deem advisable or necessary in the course of the review of the application, such as: 1. Drug-related arrests; 2. Prostitution-related arrests; 3. Calls for service. D. Noncompliance with federal, State, and City Municipal Codes. (Ord.. 3041 § 2, 2006). 5.3 .070 Permit to operate—Denial—Appeal hearing. Whenever the City denies a permit to operate for a hotel/motel, as provided in this chapter, the owner or operator of said hotel/motel shall have a right to a hearing to appeal the denial in accordance with Chapter 1.40 CV C.. (Ord. 3041 § 2, 2006). 5.3 .080 Permit to operate—Display. The operator shall display the permit to operate in an open and conspicuous place on the premises. (Ord. 3041 § 2, 2006). 2020-07-28 Agenda Packet, Page 41 of 711 SECOND READING AND ADOPTION Ordinance Page 7 5.39.090 Permit to operate—Nontransferability. Each permit to operate issued pursuant to CVMC 5.39.030 through 5.39.170 shall be separate and distinct from all others and shall not be transferable from the person, firm or corporation to whom issued to any other person, firm or corporation. When a change of operator occurs at an existing hotel/motel, the new operator shall apply for a permit to operate within 10 business days of opening of escrow. If the prior operator's permit to operate for the hotel/motel was denied or revoked, a provisional permit to operate may be issued with special conditions designated by the Chief of Police or his designee. (turd. 3041 § 2, 2006). 5.39.100 Permit to operate—Report of changes to the application. Whenever an owner sells or transfers title to, or assigns the lease of or subleases,, a hotel/motel, then the owner shall notify the City Manager in writing within five business days of such transfer. Every operator of a hotel/motel shall report any change in the information required by CVMC 5. 9.030 through 5.39.170, including but not limited to any change in the manager(s) and operator(s) and/or owner(s) as defined in CVMC 5.39.030(l), Q) and(K) to the Chief of Police in writing within five business days after the change has occurred. A change in the information on the application is subject to review by the Chief of Police and may be grounds for suspension or revocation of the permit to operate. (Ord. 3041 § 2, 2006). 5.39.110 Permit to operate—Revocation. The annual permit to operate shall be subj ect to revocation by the City Manager, or his designee, and/or Chief of Police, or his designee, upon good cause shown that the operation of the hotel/motel is such that it is or has negatively impacted the health, safety and/or welfare of its guests or the residents or businesses of the neighboring community by any of the following: A. Noncompliance with federal, State, and City Municipal Codes; B. Drug-related arrests; C. Prostitution-related arrests; D. Calls for service; 2020-07-28 Agenda Packet, Page 42 of 711 SECOND READING AND ADOPTION Ordinance Page 8 E. Any other conditions, problems, issues,, concerns or facts that are deemed relevant. In processing a revocation the Chief of Police, or his designee, shall prepare an investigation report that details the circumstances that have led to the revocation. It may include any or all of the following that are applicable: 1. Frequency or occurrence of violation(s), arrest s), or call(s) for service; 2. Seriousness of the violation(s), arrest(s), or call(s) for service in relation to its threat or impact upon public health, safety or welfare; 3. History of the violation(s), arrest(s), or call(s) for service; 4. Good faith efforts taken by the responsible party to correct, reduce and/or alleviate violation(s), arrests , or call(s) for service; 5. Any activity, action or effort taken by the responsible party to obstruct or interfere with correction of the problem; 6. The impact of the violation(s), arrest(s), or call(s) for service on the surrounding property and community; 7. The financial impact to the City. (Ord. 3041 § 2, 2006). 539.120 Notice of hearing. Upon good cause shown in the revocation investigation report issued by the Chief of Police, or his designee, the City Manager, or his designee, shall issue a notice of hearing for revocation of permit to operate in accordance with CVMC 1.40.030 and shall schedule a hearing before the hearing examiner in accordance with CVMC 1.4,0.020(B). (Ord. 3041 § 2, 2006). 5.39.130 Notice of revocation of perinit to perate. Upon confirmation and final decision issued by the hearing examiner, the Chief of Police or his designee shall, in addition to the requirements of CVMC 1.40.020(H), post a copy or copies of the notice of revocation of permit to operate at the hotel/motel. (Ord. 3041 § 2, 2006). 2020-07-28 Agenda Packet, Page 43 of 711 SECOND READING AND ADOPTION Ordinance Page 9 5.39.140 Notice of revocation of permit to operate— Removal or tampering with posted notice. A posted notice of revocation of permit to operate may only be removed by an authorized City official. Any removal, covering, defacing, altering or tampering by unauthorized person(s) may be prosecuted as a misdemeanor. (Ord. 3041 § 2, 2006). 5.39.150 Permit to operate—Surrender following revocation. Whenever a permit to operate has been revoked by the City, the operator of the hotel/motel for which such permit was issued shall surrender such permit tothe City forthwith. The hotel/motel operation shall cease within 72 hours of the posting of the notice of revocation of permit to operate in accordance with CVMC 5.39.140. (Ord. 3041 § 2, 2006). 5.3 .160 Permit to operate—Reissue after revocation. A conditional permit to operate that is revoked shall not be reissued for a period of three years from the date of such revocation. (Ord. 3041 § 2, 2006). 539.170 Violation—Penalty. It is unlawful to operate a hotel/motel without a valid permit to operate or to fail to comply with any of the requirements established by this chapter. Violations of this section shall be subject to enforcement by any and all remedies listed in CVC Title 1, including a fine of up to $1,000 and/or six months in the county jail. (Ord. 3 041 § 2, 2006). Section 11. 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. 2020-07-28 Agenda Packet, Page 44 of 711 SECOND READING AND ADOPTION Ordinance Page 1,0 Section 111. 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 V. Effective Date This Ordinance shall take effect and be in force ®n 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 Roxana Kennedy Glen R. Goggins Chief of Police City Attorney 2020-07-28 Agenda Packet, Page 45 of 711 zmr, ..' l v r r IN III til C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA July 28,2020 File ID: 20-0312 „MITI ORDINANCE OF; THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 337AND AUTHORIZING TIAL LEVY of A SPECIAL TAX IN IMPROVEMENT AREA No. 2 of COMMUNITY FACILITIES DISTRICT No. 16-I (MILLENIA) PURSUANT To AN AMENDED RATE AND METHOD of APPORTIONMENT'THEREOF (SECOND READING AND ADOPTION) ACTIONRECOMMENDED " Council adopt the ordinance. SUMMARY On February 18, 2020, Council adopted the following two resolutions related to Improvement Area No. 2 of Community Facilities District No. 16-1 (Millenia) ("CFI No. 16-1" or"the District"): 1. Resolution No. 2020-029 authorizing the submittal of proposed changes to the Rate and Method of Apportionment of Special Taxes for Improvement Area No. 2 ("Amended Improvement area No. 2 RMA"); and . Resolution No. 20,20-030 declaring the results of a special election in Improvement Area No. 2 and determining that the Amended Improvement Area No. Z RMA is lawfully authorized. The changes to the Amended Improvement Area No. 2 RMA include revision of special tax rates within different portions of Improvement Area No. 2.The recommended action on tonight's agenda will be the final step to accommodate the proposed changes and will allover the City to levy the special taxes within in Improvement:Area No. 2 pursuant to the Amended Improvement.Area No. 2 RIMA.The City has retained the services of Spicer Consulting Group (SCG) as special tax consultant and Best Best and Krieger LIP (BBI ) as legal counsel to oversee the proceedings. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality.Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore,pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus,no environmental ental review is required. BOARD/COMMISSION/COMMIT"'T"EE RECOMMENDA"rION Not applicable. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, gage 46 of 711. DISC'USSION The City Council adopted Resolution No.2016,-184 on September 13,2016 to form and establish CFD No., 16- 1,including Improvement Area No. I and Improvement Area No.2. On September 23,2016,the City recorded the Notice of Special Tax Lien for the District. The recorded boundary map,which shows,the location of CFD No. 16-1, Improvement Area No. 2, including Zones A and B is provided as Attachment 1. In August of 2019, SLV IV-Millenia, LLC (the "Developer") initiated discussions with the City requesting changes to Improvement Area No. 2. Specifically, the proposed changes included (1) the removal of commercial-retail lots located near the Optima Street intersections with Montage Avenue and Orion Avenue within Zone A and (2) revision of residential special tax rates in Zone B, implementing a per-acre rate for both residential and non-,residential uses.The changes were made to reduce the special tax burden on retail development in Improvement Area No. 2, to provide certainty on expected special taxes for bonding purposes, and to avoid discouraging any future proposal of for-rent residential development in Zone B. On January 7, 2020, Council adopted Resolution No. 202,0-001. This resolution approved and adopted the amended boundaries of Improvement Area No. 2; authorized the execution of an Amended Advance Deposit Agreement; and declared Council's intention to consider the Amended Improvement Area No. 2 RMA. Resolution.No. 2020-001 also provided notice of a public hearing on February 18,2020 to consider approval of the Amended Improvement Area No. 2 RMA and established procedures for a vote of qualified electors on the Amended Improvement Area No. 2 RMA. The next step in the change proceeding was completed on February 18, 2020, when Council adopted resolutions authorizing the submittal of the Amended Improvement Area No.2 RMA to the qualified electors, declaring the results of a special election,and determining that the Amended Improvement Area No. 2 RMA is lawfully authorized.The final step is to adopt an ordinance authorizing the levy of special taxes pursuant to the Amended Improvement Area No.2 RMA. While this action is typically done concurrently with the two resolutions that were adopted on February 18, 2020, staff deferred this action until San Diego County finished assigning Assessor's Parcel Numbers to the newly-created parcels,which has now been completed. DECISIOM-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet oft e boundaries of the property which is the subject of this action.Consequently,this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code §8,7100,etseq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT In the current year, all costs associated with the change proceeding (including staff time and consultant services) are covered by Developer funds which have been deposited in accordance with the Amended P 12 2020-07-28 Agenda Packet, Page 47 of 711 Advance Deposit Agreement. The City will recover the full cost of staff time expended in District administration activities for the entire term of the special tax,resulting in no net fiscal impact to the General Fund or Development Services Fund. ONGOING FISCAL IMPAC'I" In future years,the City will recover the full cost of staff time expended in administrative for the entire term of the,special tax, resulting in no net fiscal impact to the General Fund or Development Services Fund. ATTAC14MENTS 1. CFD No. 16-1 Amended Improvement Area No. 2, Recorded Boundary Map, Staff Contact:Scott Barker, Transportation Engineer P 3 2020-07-28 Agenda Packet, Page 48 of 711 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING ORDINANCE NO. 3375 AND AUTHORIZING THE LEVY OF A SPECIAL TAX IN IMPROVEMENT AREA NO. 2 OF COMMUNITY FACILITIES DISTRICT NO. 16-1 (MIE:L NIA) PURSUANT TO AN AMENDED RATE AND METHOD OF APPORTIONMENT THEREOF WHEREAS, the City Council (the "City Council") of the City of Chula Vista (the "City"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in separate improvement areas of a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2,, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This community facilities district is designated as Community Facilities District No. 16-1 (Millenia) (the "District") and the improvement areas therein are designated as Improvement Area No. I and Improvement Area No. 2 (each, an "Improvement Area" or, collectively, the "Improvement Areas"); and WHEREAS, the City Council, acting as the legislative body of the District, previously enacted Ordinance No. 3375 to authorize the levy of special taxes within each Improvement Area pursuant to a separate rate and method of apportionment applicable to each respective Improvement Area; and WHEREAS, the City Council has subsequently modified the boundary of Improvement Area No. 2 as shown on the amended boundary map of Improvement Area No. 2 and assessor's parcel list, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, the City Council has subsequently initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors of Improvement Area No. 2 authorizing the levy of special taxes therein pursuant to an amended and restated rate and method of apportionment thereof (the "Amended Rate and Method"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference; and WHEREAS, it is necessary for the City Council, to enact an ordinance to amended Ordinance No. 3375 to enable the District to levy special taxes within Improvement Area No. 2 pursuant to the Amended Rate and Method. 'THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 16-1 ( .ILLENI ), DOES HEREBY ORDAIN AS FOLLOWS: 2020-07-28 Agenda Packet, Page 4)of 711 S ECOND READING AND ADOPTION SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in Improvement Area No. 2 of the District pursuant to the Amended Date and Method. SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within. Improvement Area No. 2 for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Amended Date and Method. SECTION 3. The special taxes herein authorized to be levied within. Improvement Area o. to t a_ e collected n t , the extent possible, s the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency q y as applicable Qr ad valorem tares; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special tars authorized to be levied within Improvement Area No. 2 shall be secured by the lien imposed pursuant to Sections 31.1.4.5 and 3115.5 of the Streets and. Highways Code of the State of California, which lien shall be a continuing lien and shall secure each Levy of the special tapes. The lien of the special tares shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government Code of the State of California or until the special tai ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This ordinance shall 'be effective upon its adoption, pursuant to Chula Vista City Charter section 312(d)(3). Within fifteen 15) days after its adoption, the City Clerk shall cause this ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Chula Vista's City Charter, Section. 312(b). Presented by .Approved as to form b Kelly G. Broughton, FA LA Glen R. Googins Director of Developmental Services City Attorney 2 2020-07-2 Agenda Packet, gage 50 of 711. S ECOND READING AND ADOPTION EXHIBIT A IMPROVEMENT AREA NO. ASSESSOR'S PARCEL NUMBER LISA' 6430606900 6430651800 6430651900 6430652100 A. - 1 2020-07-2 Agenda Packet gage 51 of 711. SECOND READING AND ADOPTION PROPOSED AMENDED,BOUNDARYMAP OF 34UT 11 IX"i ilpilIKU"T COMMUNITY FACILITIES DISTRICT NO,. 164 I IH EI CERTIFY THAT THE W11HIN MAR SHCWI—NG PIRDPOSE�D' (MILLENIA) THIS,WGUNOARY W-P AMENDS SHU"T 2 OF 7 OF PPROPOSUD 001UNDURik 0; COMMU041TY fACIOTIE's DISTRI0 NiO� 164 'W1 ES 'Of COMMUNATY FAC10,01E5 0�t, v 'N"U"114-4, Uw ;; UT Y Of CPI LA Wilk CGUNTY CF CIT,Y OFCHULA VISTA, t,�WLEINIA)CITY Of ClIUILA VISTA,,COVIN lY Of SAN DWGC�,SIAM SAN Ofl,W, 'STATFO� CAAJF,CWRl,,,Ai WAS APPROWD BY T14E COUNTYOF'SAN DJEG0,,STATE'0lF CALIFORNIA Of CALIFORNIA FILED ON AUGUST 11, Z0,16 IN BOOK 46 OF CITY COUNCIL O,F THIE CAY OF" CHIULA ViSTA, AT, A REGULAA MAP$OF ASSf$WEINT MwwwTYwuII0tt Lls 1'r K411)(111%,TWREOF,HW)ON, AlIPAGE 3 AS DOCUMCNI Fly FUS01JUTION N1101" Al'R MAD(f,TO l,Hf CM OF CRUMA, V`87A 'TRACT 0,0,0� G,M.O,A At ti 1 1, ',,Q0KD,iD ft,YK CIPPICIAL 4 ORD Ali F THEOf $A Co VINT v A, DIM STATE OF CaN RERK CAUFORNIA, AS DMUMEN1 40. 10,94=481 FOR A CM OF°C,'RULAVISTA, �'%b D(SCRIPIT10,441 DF IRE LINES AND D�M E N5 ION'S Cark *r Ilk N't tl W."lit PARCrlsl11*10 rAID Ito T41E,OFfICE Of of E CITY ;LDS SNIA LQ1Y UFCH U LA VIST4, v,11'\ T114411S DAY OF�jjnWq,ZQ_J�L� CD, wl CITy COtK' CITY'Of C14URA W."STA 06 Fit 'U K CCRI)ED 1,R,15, DAY Of 0 7K H�OfUj* Uf 10,41,1, 0`QOcxm,,,, JK OFMAP$Of ASSESSMENTAND COMWINIT"Y rACIWILS, DISTRACTS IN THE .TPCE Clf TRE COU N TY VCO DEQ IN 7`41C COUNTY Of SAN DIF60, STA71 �OF '7 Y, "Wr W104vift.*t PCIACAO )XI CALIMMIA. X, 2, NACU �,V 1,dl, FE 'U, 4 71M TW"00 poll, I t"ON S N,0,U 9,4, SIR,, AUES "oSOR,,� RECORDER, e N "o li COUNTYCICAK 'IA SO 01,,#,�` S1, ..........—-_- W"*f 4 mrhcr WMW 4 k1l, '110 E"!A1 N,liv, "o 00 "Ool, u %�j ......... N WON 116 as o *k Wk NIS, 10, dry CFD 144 MAPf REFEREWCE NO, ASSESSOR PARCEL NO LOT NO.IfFINAL WV A311F ilik,m*1 IN 0"t4ol f0%_ LOT'19 OF fA_l%"7jFNC IC,8C' MW" �PIOR TIM) LOT 40F FNAL MAP NIC if 164,30)0-62 LOT 12 0FF144 M*NO,,1604,,, U71(fiM LOT 13 OF FINAL MAP NO 16081 Of(*OnLIWARY MAP CbRIPMEt TLY&WWS'rWF,,BOX,f141AR]k 5 Of (MC U)MMIlkirrY FACUTIES DISTRICT, iAOR DETMA w E TfIEL UK$ ulmt"M, 03 CW LOTS OR 0ARCEL REF UR TO Thf cxxom'AsmCm- Rs MAPS f(AR, 4� 3175, 750 t15"Fool + rt, ING I I,"vim W"1110-201 Ph" ........ bK q,S, P'G Gi 2 02 0- 000009 A - 2 2020-07-28 Agenda Packet, Page 52 of 711 SECOND READING AND ADOPTION EXHIBIT B AMENDED AND RESTATED RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX COMMUNITY FACILITIES DISTRICT NO. 16-1 (MILLENIA) IMPROVEMENT AREA NO. 2 A Special Tax shall be levied on all Taxable Property within the boundaries of Improvement Area No. 2 of Community Facilities District No. 16-1 (Millenia) ( IA2 and collected each Fiscal Year commencing in Fiscal Year 2019-20, in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within IA2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. 1. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's, Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Map. An Acre means 43,560 square feet of land. If the preceding maps for a land area are not available,, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1.982, as amended, being Chapter 2.5 of Part I of Division 2 of Title 5 of the Government Code of the State of California. 44ACI, A -a 0 ministrative Expense Requirement" means an annual amount equal to $75,000, or such lesser amount as may be designated by written instruction from an authorized representative of the City to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year for the payment of Administrative Expenses. 44ACI, A -a 0 ministrative Expenses" means the following actual or reasonably estimated costs related to the administration of IA2 including, but not limited to: the costs of preparing and computing the Annual Special Tax (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City, the County or otherwise); the costs of remitting the Special Taxes to the Fiscal Agent; the costs of the Fiscal Agent (including its legal counsel) in the discharge of the duties required of it under the Fiscal Agent Agreement; the costs to the City, CFD No. 16-1, or any designee thereof complying with arbitrage rebate requirements, including without limitation rebate liability costs and periodic rebate calculations; the costs to the City, CFD No. 16-1, or any designee thereof complying with disclosure or reporting requirements of the City or CFD No. 16-1, associated with applicable federal and State laws, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs to the City, CFD fNo. 16-1, or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees and third party expenses. Administrative Expenses shall. also include amounts estimated or advanced by the City or CFD No. 16-1 for any other administrative purposes of CFD No. 16-1, including attorney's fees and other costs related to commencing and pursuing any foreclosure of delinquent Special Taxes. B - 1 2020-07-28 Agenda Packet, Page 53 of 711 SECOND READING AND ADOPTION "Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's Parcel. "Assessor" means the Assessor of the County of San Diego. "Assessor's Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned Assessor's Parcel Number. "Assessor's Parcel Map" means an official map of the Assessor designating parcels by Assessor's Parcel Number. "Assessor's Parcel Number" means the number assigned to an Assessor's Parcel by the County for purposes of identification. A a 44 ASsi I gned Special Tax" means the Special Tax of that name described in Section 3.A below. "Backup Special Tax" means the Special Tax of that name described in Section 3.B below. "Bonds" means any bonds or other debt of CFD No. 16-1 issued or incurred for IA2, whether in one or more series, secured by the levy of Special Taxes. "Building Permit" means a building permit for construction of a Residential Unit or non-residential structure within IA 2 issued by the City. "Building Square Footage" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, or similar area. The determination of Building Square Footage shall be made by the CFD Administrator by reference to the Building Permit s) issued for such Assessor's Parcel and/or by reference to appropriate records kept by the City. Building Square Footage for a Residential Unit will be based on the Building Permit(s) issued for such Residential Unit prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made to such Residential Unit after such classification as Occupied Residential Property. ",Calendar Year" means the period commencing January I of any year and ending the following December 3 1. "CFD Administrator" means an authorized representative of the City, or designee thereof, responsible for determining the Special Tax Requirement, for preparing the Annual Special Tax roll and/or calculating the Backup Special Tax. ",CFD No. 16-1" means the Community Facilities District No. 16-1 (Millenia). "City" means the City of Chula Vista, California. "City Council" means the City Council of the City acting as the legislative body of CFD No. 16-1 under the Act. B - 2 2020-07-28 Agenda Packet, Page 54 of 711 S ECOND READING AND ADOPTION "Condominium" means a unit, whether attached or detached, meeting the statutory definition of condominium contained in the California Civil Code Section 4285. "County" means the County of San Diego, California. "Debt Service" means for each Fiscal Year, the total amount of principal and interest pays on any Outstanding Bonds during the Calendar year commencing on January 1 of such Fiscal Year. "Developed enveloped Property" means for each Fiscal Year, all Taxable Property, exclusive of Provisional Property, for which a Building Permit was issued prig to March l of the previous Fiscal Year. An Assessor's Parcel classified as Developed Property but for which the Building Permit that caused such Assessor's Parcel to be classified as Developed Property has been cancelled and/or voided prior to the Fiscal Year for which Special Taxes are being levied shall be reclassified. as Undeveloped Property, provided that the levy of the .Annual Special Tax after such reclassification shall not be less than 1.1 times the annual Debt Service less Administrative Expenses on all outstanding Bands. If Bonds have not been issued., an Assessor's Parcel classified as Developed Property for which such a Building Permit has been cancelled and./or voided shall be reclassified as Undeveloped Property. "Development Agreement" means that certain Development Agreement by and between the City of Chula vista and McMillin otay Manch LLC adopted October 6, 2009 and recorded with the County of San. Diego'sRecorder's office on October 27, 2009 as Document Number 2009-0595116, as may be amended ani./or supplemented from time to time. "Exempt Property" means for each Fiscal Year, all Assessor's Parcels designated as being exempt from Special Taxes pursuant to Section 5 below. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot lime adjustment, pursuant to the Subdivision Map Act (California Government Code Section 6,6,410 et seq or recordation of a condominium plan pursuant to California Civil Code 4285 that creates individual lots for which Building Permits may be issued without farther subdivision. "Fiscal Year" means the period starting on July 1 and ending the following June 30. "Fiscal Agent" means the fiscal agent, trustee, or paying agent under the Fiscal Agent Agreement. "Fiscal Agent Agreement" means the fiscal agent agreement, indenture, resolution or other instrument pursuant to which Bonds are issued, as modified, amended avid/or supplemented from time to time, and any instrument replacing or supplementing the same.. "IA2" means Improvement Area No. 2 of CFD No. 16-1. "Land Use Class" means any of the classes listed.in Table 1 or 2 under Section 3A below. Note. Land Uses Class is not in reference to a property's zoning designation. "Lot(s)" means an individual legal lot created by a Final Map for which a building permit for residential construction has been or could be issued. f Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Map upon which. Condominiums are entitled to be developed, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable B - 3 2020-07-2 Agenda Packet, gage 55 of 711. SECOND READING AND ADOPTION to such Final Map shall equal the number of Condominiums which are permitted to be constructed on such legal lot as shown on such Final Map. "Master Developer" means SLF IV-Millenia, LLC or its successors or assignees as defined in the Development Agreement. Maximum Special Tax" means for each Assessor's Parcel, the maximum Special Tax, determined in accordance with Sections 3.0 and 3.D below, which may be levied in a given Fiscal Year on such Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more non-residential units or structures. "Occupied Residential Property" means all Assessor Parcels of Residential Property for which title is held by an end user (homeowner). "Outstanding Bonds" means all Bonds which are deemed to be outstanding under the Fiscal Agent Agreement. "Prepayment Amount" means the amount required to prepay the Special Tax Obligation in full for an Assessor's Parcel as described in Section KA below. "Property Owner Association Property" means any Assessor's Parcel within the boundaries of IA2 owned in fee by a property owner association, including master aster or sub-association. "Prop o rti on ately" or "Proportionate" means for Developed Property, that the ratio of the actual Special Tax levy to the applicable Assigned Special Tax or Backup Special Tax is equal for all Assessor's Parcels of Developed Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Special, Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property. "Proportionately" may similarly be applied to other categories of Taxable Property as, listed in Section 3 below. "Provisional Property" means all Assessor's Parcels of Public Property, Property Owner Association Property or property that would otherwise be classified as Exempt Property pursuant to the provisions of Section 5, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxable Property below the required minimum Acreage as set forth in Section 5. "Public Property" means any property within the boundaries of IA2, which is owned by, or irrevocably offered for dedication to the federal government, the State of California, the County, the City or any other public agency; provided however that any property owned by a public agency and leased to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use. "residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing one or more Residential Units. "Residential Unit" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental, separate from adjacent residential dwelling units. B - 4 2020-07-28 Agenda Packet, Page 56 of 711 SECOND READING AND ADOPTION "Special Tax" means any special tax levied within IA2 pursuant to the Act and this Amended and Restated Rate and Method of Apportionment of Special Tax. "Special Tax Obligation" means the total obligation of an Assessor's Parcel of Taxable Property to pay the Special Tax for the remaining life of IA2. "Special Tax Requirement" means that amount required in any Fiscal Year to: (i) pay regularly scheduled Debt Service on all Outstanding Bonds; (ii)pay periodic costs on the Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on the Outstanding Bonds; (Iii)pay Administrative Expenses; (iv),pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds; (v) accumulate funds to pay directly for acquisition or construction of facilities provided that the inclusion of such amount does not cause an increase in the Special Tax to be levied on Undeveloped Property; and (vi) pay for reasonably anticipated delinquent Special Taxes based on (a) the average delinquency rate for special taxes, levied in the previous Fiscal Year in all community facilities districts within the portion of the City commonly known as Ota y Ranch for the first Fiscal Year in which Special Taxes, are levied and (b) the delinquency rate for Special Taxes levied in the previous Fiscal Year within I. for all subsequent Fiscal Years in which Special Taxes are levied; less (vii) a credit for funds available to reduce the Annual Special Tax levy, as determined by the CFD Administrator pursuant to the Fiscal Agent Agreement. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD, which are not exempt from the levy of the Special Tax pursuant to law or Section 5 below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Provisional Property. "Zone A" means the specific geographic area designated as such within IAA and as, depicted in Exhibit A attached hereto. "Zone B" means the specific geographic area designated as such within IAA and as depicted in Exhibit A attached hereto. I LAND USE CLASSIFICATION Each Fiscal, Year,, beginning with Fiscal Year 2019-20, each Assessor's Parcel within IA2 shall be classified as Taxable Property or Exempt Property. In addition, all Taxable Property shall further be classified as Developed Property, Undeveloped Property or Provisional Property, and all such Taxable Property shall be subject to the levy of Special Taxes in accordance with this Amended and Restated Rate and Method of Apportionment of Special, Tax determined pursuant to Sections 3 and 4 below. Furthermore, each Assessor's Parcel of Developed Property shall be classified according to its applicable Land Use Class based on its Building Square Footage. For Assessor's Parcels of Non-Residential Property developed with Condominiums (e.g., office or industrial condos), the Acreage applicable to each such Condominium for purposes of levying Special Taxes shall be computed from the Acreage of the legal lot created by the Final Map upon which such Condominiums are entitled to be developed, with the Acreage of such lot allocated to each B - 5 2020-07-28 Agenda Packet, Page 57 of 711 SECOND READING AND ADOPTION Condominium on a pro-rata basis using the building square footage of such Condominium relative to the total building square footage of all Condominiums entitled to be developed on such lot. The determination of Building Square Footage for each non-residential Condominium shall be made by reference tot applicable Building Permit, and to the extent a Building Permit has not been issued for all Condominiums to be located on the applicable legal lot, the Building Square Footage attributable to any such Condominiums shall be determined from the recorded condominium plan, or applicable site plan, plot plan, or other appropriate records kept by the City as reasonably determined by the CFD Administrator. In the event the City takes ownership of a Condominium within IA2 and such property in all of respects meets the definition of Public Property as set forth in Section 1, such property shall be exempt from Special Taxes pursuant to Section 5. In the! event a Building Permit is issued for one or more residential Condominiums prior to March I of the previous Fiscal Year and an Assessor's Parcel Number has not yet been assigned to each such Condominium for the current Fiscal Year, the applicable Assessor's Parcel may be classified as both Developed Property and Undeveloped Property. In such an instance, the Special Taxes levied on such Assessor's Parcel shall be the sum of the amount derived from the following (i) applying the Assigned Special Tax applicable to each Condominium for which a Building Permit was issued prior to March I of the previous Fiscal Year and (ii) levying the acreage allocable to such actual or planned Condominiums for which a Building Permit has not been issued prior to March 1. of the previous Fiscal Year as Undeveloped Property; the allocable acreage shall be computed on a pro-rata basis based on the relative number of remaining Condominiums to the total number of Condominiums entitled to be developed on such Assessor's Parcel. The total number of Condominiums entitled to be developed on the applicable Assessor's Parcel shall be determined from the recorded condominium map, condominium plan, applicable site plan, plot plan, or other appropriate records kept by the its as reasonably determined by the CFD Administrator. I SPECIAL TAX RATES A* Assigned Special Tax for Developed Property The Assigned Special Tax applicable to an Assessor's Parcel classified as Developed Property commencing Fiscal Year 2019-20 shall be determined pursuant to Table I or 2 below, as applicable. Table I Assigned Special Tax Rates for Developed Property within Zone A or Land UI se Land Use Building Square Ass"' n ed Class Type Footage Special Tax I Residential Property < 1,450 $1,443.24 per Residential Unit 2 Residential Property > 1,450 I,727. 65 per Residential Unit Non-Residential 3 N/A367.25 $61 per Acre Property B - 6 2020-07-28 Agenda Packet, Page 58 of 711 SECOND READING AND ADOPTION Table 2 Assigned Special Tax Rates for Developed Property within Zone B Land Use Land Use Building Square A ss'ied gn Class Type Footage Speciai t ax I Residential Property N/A $6 367.25 per Acre Non-Residential 2 /A per er Acre N $6� Property On each July 1, commencing July 1, 2020, the Assigned Special Tax for Developed Property shall be increased by two percent (2.00%) of the amount in effect in the prior Fiscal Year. B. Backup Special Tax for Developed Property When a Final Map or a condominium plan is recorded within Zone A or Zone B the Backup Special Tax for Assessor's Parcels of Developed Property classified as, Residential Property shall be determined as follows: Zone A For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Map area in Zone A, the Backup Special Tax for Fiscal Year 2019-20 shall be the rate per Lot calculated according to the following formula: Zone A $42,148 x A B — ------------------------ L The terms have the following meanings.- B — Backup Special Tax per Lot A Acreage classified or to be classified as Residential Property in such Final Map. The land area applicable to a Condominium shall be computed from the Acreage of the Lot on which the Condominium is located, with the Acreage for such Lot allocated equally among all of the Condominiums located or to be located on such Lot. L For a Final Map, the number of Lots which are classified or to be classified as Residential Property. B - 7 2020-07-28 Agenda Packet, Page 59 of 711 S ECOND READING AND ADOPTION Zone B For each Assessor Parcel of DevelopedProperty classified �' Non-Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Non-Residential Property within the Final Maparcathe Backup p Special "fax for Fiscal Year 2019-20 shall be determined .. by multiplying $42,148 for Zone A and $7,075 for Zone B by the total Acreage of any such Assessor's Parcel. For each Assessor"s Parcel of Developed Property classified as Residential Property or for each Assessor's arca on Undeveloped Property to be classified as Residential Property in ,done B within the Final Map area, the Backup Special. Tax for Fiscal. Year 2019-20 shall be determined by multiplying $7,075 by the total.Acreage of any such.Assessor's Parcel. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non-Residential Propertyor Undeveloped Property or which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Map, then the Backup special Tax applicable to such Assessor's Parcels shall be recalculated to equal the total amount of Backup Special. Tax that would have been generated if such change did not take place. On each.July 1 commencing July 1 2020 the BackupSpecial Tai applicable to each Assessor's Parcel of Taxable Property shall e increased by two percent .00%) of the amount in effect in the prior Fiscal Year. C., Maximum a Special Tax for Developed Property Each Fiscal. Year, the Maximum Special Tax for an Assessor's Parol of Developed Property applicable Assigned Special Tax or ac shall a the greater of the app g p up Special ax. D. Maximum Special Tax for Provisional Property and Undeveloped Property The Maximum Special Tax for Provisional Property and Undeveloped Property commencing in Fiscal Year 2019-20 shall be $4,2,148 per Acre for gone A and $7,075 per Acre for Zone B. On each July 1, commencing July 1, 2020, the Maximum Special Tax for Provisional Property and Undeveloped Property shall be increased by two percent 2.00% of the amount in effect in the prior Fiscal Year. E. Multiple Land Use Classes In some instances ars Assessor's Parcel of Developed Property may contain more than one Lund. Use Class. The Maximum Special Tax that may be levied on such an Assessor's Parcel shall only be levied on the Residential property sand Use Mass located on such Assessor's parcel. F. Administrative Special Tax Reduction Prior to the issuance of fonds, the Assigned Special Tax., Backup Special Tax., and Maximum Special Tax (collectively the "Special Tax Rates" on. Taxable Property may be reduced in accordance with, and subject to the conditions set forth in this paragraph. Upon the City's receipt of a written request from Laster Developer and the CFD Administrator, the Special Tax Rates on Taxable Property may be reduced to a level which will provide not less than the sum of B - 8 2020-07-28 Agenda Packet, gage 60 of 711. SECOND READING AND ADOPTION estimated Administrative Expense Requirement and one hundred ten percent (110%) of the estimated debt service with respect to the amount of Bonds requested to be issued in such written request. If it is reasonably determined by the CFD Administrator that the total effective tax rate on Residential Property, as determined in accordance with the Development Agreement, exceeds the maximum level allowed in the Development Agreement, the Special Tax Rates may be reduced to the amount necessary to satisfy the maximum allowable effective tax rate requirement onResidential Property with the written consent of Master Developer, which consent shall not be unreasonably withheld, and the CFD Administrator. It shall not be required that reductions among each "Building Square Footage" range of Residential Property be proportional. Additionally, the "CFD Public Facilities Costs" amount in Section 8 shall be reduced commensurate with any reductions to the Special Tax Rates pursuant to this paragraph, as reasonably determined by the CFD Administrator. A certificate in substantially the form attached hereto as Exhibit "B" shall be used for purposes of evidencing the required written consent and effectuating the reduction to the Special Tax Rates. The reductions permitted pursuant to this paragraph shall be reflected in an amended Notice of Special Tax Lien which the City shall cause to be recorded. 4. METHOD OF APPORTIONMENT For each Fiscal Year, commencing Fiscal Year 2019-20, the CFD Administrator shall levy the special. Tax on all Taxable Property in accordance with the following steps: Step 1: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement; Step 2: If additional monies are needed to satisfy the Special Tax Requirement after Step I has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax for Undeveloped Property; a Step 3. If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, then the Special Tax amount determined in Step I shall be increased Proportionately on each Assessor's Parcel of Developed Property up to 100% of the Maximum Special Tax for Developed Property; a Step 4. If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on each Assessor's Parcel. of Provisional Property up to 100% of the Maximum Special Tax for Provisional Property. Notwitb standing the above, under no circumstances will the Special Tax levied in any Fiscal Year against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a result of a delinquency or default in the payment of the Special Tax applicable to any other Assessor's Parcel, within IAA by more than ten percent (10%) above what would have been levied in the absence of such delinquencies or defaults. B - 9 2020-07-28 Agenda Packet, Page 61 of 711 S ECOND READING AND ADOPTION 5. EXEMPTIONS The CFD Administrator shall classify as Exempt Property (i) Assessor's Parcels of Public Property, (1i) Assessor's Parcels of Property owner Association Property, (iii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, and (1v) Assessor's Parcels with public or utility easements raping impractical their utilization for other than the purposes set forth in the easement, provided that no such classification would reduce the sum of all Taxable Property in IA2 to less than 13.29 Acres for Zone A or 7.51 Acres for Zone B. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the sum of all Taxable Property in IA2 to less than. 13.29" Acres for Zone A or 7.51 Acres for Zone B, shall be classified as Provisional Property and will continue to be subject to the Special accordingly.y. ax exempt status e purposeose o this paragraph p will e assigns by the CFTC Administrator in the chronological order in which property becomes eligible for classification as exempt Property. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no. longer classified as one of the uses set forth in the first paragraph of Section 5 above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. 6. APPEALS Any landowner who pays the Special Tax and clams the amount of the Special Tax levied on his or her Assessor's Parcel is in error shall first consult with the CF'D Administrator regarding such error not later than thirty-six (36) months after first having paid the first installment of the Special Tax that is disputed. If following such consultation the CFD Administrator determines that an error has occurred, then the CFD administrator shall take any of the following actions, in order of priority, in order to correct the error. (i) Amend the Special Tax levy on the landowner's assessor's Parcel(s) for the current Fiscal Year prior to the payment date, (ii) Require the CFD to reimburse the landowner for the amount of the overpayment to the extent of available CFD funds, or (iii) Grant a credit against, eliminate or reduce the future Special Taxes on the landowner's Assessor's Parcel(s) in the amount of the overpayment. If following such consultation and action by the CFD Administrator the landowner believes such error still exists, such person may file a written notice of appeal with the City Council. Upon the receipt of such notice, the City Council or designee may establish such procedures as deemed necessary to undertake the review of any such appeal.. if the City Council or designee determines an error still exists, the CFI Administrator shall tape any of the actions described as (i), (ii) and (iii) above, in order of priority, in order to correct the error. The City Council or designee thereof shall interpret this Amended and Restated Rate and method of Apportionment of Special Tax for purposes of clarifying any ambiguities and mare determinations B - 10 2020-07-2 Agenda Packet, gage 62 of 711. SECOND READING AND ADOPTION relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final and binding as to all persons. 7. COLLECTION OF SPECIAL TAXES Collection of the Annual Special Tax shall be made by the County in the same manner as ordinary ad valorem property taxes are collected and the Annual Special Tax shall be subject to the same penalties and the same lien priority in the case of delinquency as ad valorem taxes; provided, however, that the City Council may provide for (i) other means of collecting the Special Tax, including direct billings thereof to the property owners; and (ii),Judicial foreclosure of delinquent Annual Special Taxes. 8. 'PREPAYMENT OF SPECIAL TAX OBLIGATION A. Prepayment in Full Property owners may prepay and permanently satisfy the Special Tax Obligation by a cash settlement with the City as, permitted under Government Code Section 53344. The following definitions apply to this Section 8: "CFD Public Facilities Costs" means 11,5(0,(0(0(0 or such lower number as (i) shall be determined by the CFD Administrator as sufficient to acquire or construct the facilities to be financed under the Act and financing program for IA2, or (ii) shall be determined by the City Council concurrently with a covenant that it will not issue any more Bonds (except refunding bonds). "Construction Fund" means the fund (regardless of its, name) established pursuant to the Fiscal Agent Agreement to hold funds, which are currently available for expenditure to acquire or construct the facilities or pay fees authorized to be funded by CFD No. 16-1 for IA2. "Future Facilities Costs" means the CFD Public Facilities Costs minus (i) costs previously paid from the Construction Fund to acquire or construct the facilities, (ii) monies, currently on deposit in the Construction Fund, and (iii) monies currently on deposit in an escrow or other designated fund that are expected to be available to finance CFD Public Facilities Costs. "Outstanding Bonds" means all Previously Issued Bonds, which remain outstanding as of the first interest and/or principal payment date following the current Fiscal Year excluding Bonds to be redeemed at a later date with proceeds, of prior Special Tax prepayments. "Previously Issued Bonds" means all Bonds that have been issued prior to the date of prepayment. The Special Tax Obligation applicable to an Assessor's Parcel of Developed Property, or Undeveloped Property for which a Building Permit has been issued may be prepaid and the obligation to pay the Special Tax for such Assessor's Parcel permanently satisfied as described Derain, provided that a prepayment may be made with respect to a particular Assessor's Parcel only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel eligible to prepay the Special Tax Obligation shall provide the CFD Administrator with written notice of intent to prepay, and designate or B - 11 2020-07-28 Agenda Packet, Page 63 of 711 SECOND READING AND ADOPTION identify the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the Prepayment Amount for such Assessor's Parcel within thirty (30) days of the request, and may charge a reasonable fee for providing this service. Prepayment must be made at least 60 days prior to any redemption date for the Bonds to be redeemed with the proceeds of such prepaid Special Taxes, unless a shorter period is acceptable to the Fiscal Agent and the City. The Prepayment Amount (defined below) shall be calculated for each applicable Assessor's Parcel or group of Assessor's Parcels as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Prepayment Amount plus Defeasance Amount plus Prepayment Administrative Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined in Step 14 below) shall be calculated as follows: Step No.: 1. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 2. For Assessor's Parcels, of Developed Property, determine the Maximum Special Tax. For Assessor's Parcels of Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the Building Permit which has already been issued for that Assessor's Parcel. 3. Divide the Maximum Special Tax computed pursuant to paragraph 2 by the total expected Maximum Special Tax revenue for IA2 assuming all Building Permits have been issued (build-out) within IA2, excluding any Assessor's Parcels for which the Special Tax Obligation has been previously prepaid. 4. Multiply the quotient computed pursuant to paragraph 3 by the Outstanding Bonds and round that number up to the nearest $5,000 increment to compute the amount of Outstanding Bonds to be retired and prepaid for all applicable Assessor's Parcels (the "Bond Redemption Amount"}. 5. Multiply the Bond Redemption. Amount computed pursuant to paragraph 4 by the applicable redemption premium (expressed as a percentage), if any, on the Outstanding Bonds to be redeemed at the first available call date (the '. Redemption Premium"). 6. Compute the Future Facilities Costs. B - 12 2020-07-28 Agenda Packet, Page 64 of 711 SECOND READING AND ADOPTION 7. Multiply the quotient computed pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to compute the amount of Future Facilities Costs to be prepaid (the "Future Facilities Prepayment Amount"). 8. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the expected redemption date for the Outstanding Bonds which, depending on the Fiscal Agent Agreement, may be as early as the next interest payment date. 9. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the Prepayment Amount less the Future Facilities Prepayment Amount and the Prepayment Administrative Fees from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 10. Subtract the amount computed in paragraph 9 from the amount computed in paragraph 8 (the "Defeasance Amount"). 11. Calculate the administrative fees and expenses of CFD No. 16-1 for IA2, including the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming the Outstanding Bonds to be redeemed with the prepayment, and the costs of recording any notices to evidence the prepayment and the redemption (the "Prepayment Administrative Fees"). 12. If reserve funds for the Outstanding Bonds, if any, are at or above 100% of the reserve requirement (as defined in the Fiscal Agent Agreement) on the prepayment calculation date, a reserve fund credit shall be calculated as a reduction in the applicable reserve fund for the Outstanding Bonds to be redeemed pursuant to the prepayment (the "Reserve Fund Credit"). No Reserve Fund Credit shall be granted if, after the Prepayment Amount is calculated, reserve funds are below 10O% of the reserve requirement after taking into account such prepayment. 13. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest and/or principal payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to paragraph 3 by the expected balance in the capitalized interest fund after such first interest and/or principal payment (the "Capitalized Interest Credit")�. 14. The amount to prepay the Special Tax Obligation is equal to the sum of the amounts computed pursuant to paragraphs 4, 5, 7, 10, and 11, less the amounts computed pursuant to paragraphs 12 and 13 (the "Prepayment Amount"). 15. From the Prepayment Amount, the sum of the amounts computed pursuant to paragraphs 4, 5, and 10, less the amounts computed pursuant to paragraphs 12 and 13 shall be deposited into the appropriate fund as established under the Fiscal Agent Agreement and be used to retire Outstanding Bonds or make Debt Service payments. The amount computed pursuant to paragraph 7 shall be deposited into the Construction Fund. The amount computed pursuant to paragraph I I shall,be retained by CFD No. 16-1. B - 13 2020-07-28 Agenda Packet, Page 65 of 711 S ECOND READING AND ADOPTION The Prepayment Amount may be sufficient to redeem an amount other than a $5,000 increment of Bonds. 1n such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Fiscal. Agent Agreement to redeem. Bonds to be used with the next prepayment of Bonds. The CFD Administrator will confirm that all previously levied Special Taxes have been paid in fill. With respect to any Assessor's Parcel for which the Special Tax Obligation is prepaid in full, once the CFD Administrator has confirmed that all previously levied Special Taxes have been paid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment a p y p g Special Tax. ment o the Special Tax Obligation an the ease t lien on such Assessor's Parcel, and the obligation of the owner of such Assessor's :parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special. Tax prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less the Administrative Expense Requirement that may be levied on. Taxable Property, respectively, after the proposed prepayment is at lust 1.1 times the Debt Service on all Outstanding Bonds in each Fiscal Year. B. Partial Prepayment The Special. Tax on an Assessor's Parcel of Developed Property or Undeveloped Property for which a Building Permit has been issued may be partially prepaid. Teamount of the prepayment shall be calculated as in Section .A. except that a partial prepayment shall be calculated according to the following formula: PP (PE-A) x F+A These terms have the following meaning: PP the partial,prepayment PF,=the Prepayment Amount calculated according to Section 8.A F =the percentage by which the owner of the Assessor's Parcel(s) is partially prepaying the Special Tax. Obligation A=the Prepayment Administrative Pees and Expenses from Section 8.A The owner of any Assessor's Parol who desires such partial prepayment shall notify the CFD Administrator of(i) such owner's intent to partially prepay the Special Tax Obligation, (ii) the percentage by which the Special Tai Obligation shall be prep�ai.d, and (iii) the company or agency that will be acting as the escrow agent, if any. The CFD Administrator shall provide the owner with a statement of the mount required for the partial. prepayment of the Special Tax Obligation for an Assessor's Parcel within sixty (60) days of the request and may charge a reasonable le fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Section .A., and (ii) indicate in the records of CFD No. 16-1 for IAA that there has been a partial prepayment of the Special Tai. Obligation and that a portion of the Special Tax with respect to such Assessor's Parcel, equal to the outstanding percentage (1.00 - F) of the :Maximum Special Tax, shall continue to be levied on such assessor's :Parcel. B 14 2020-07-2 Agenda Packet, gage 66 of 711. SECOND READING AND ADOPTION Notwithstanding the foregoing, no partial prepayment shall be allowed unless the aggregate amount of Maximum Special Taxes less the Administrative Expense Requirement that may be levied on Taxable Property, respectively, after the proposed partial prepayment is at least l.l. times the Debt Service on all Outstanding Bonds in each Fiscal Year. 90 'TERM OF SPECIAL TAX The Special Tax shall be levied as long as necessary to meet the Special Tax Requirement, but in any event not after Fiscal Year 2059-60. B - 15 2020-07-28 Agenda Packet, Page 67 of 711 SECOND READING AND ADOPTION EXHIBIT A l Ra. ,F�l CE E u i 111- S ............. CD uj I CJ FM J,Ell LLJ J.7 *A Z�' z RAJ -L e 1 S lk,�! Ad 611w r w ur Um 16AA -4 z6 't) D z z 4 ILI L LL- Fit- LA- ILA- Rji M�lortl 11,14 ird ± r 0 ILL� ILL ILL t-u z Z I m LL 7J LL C U LLJ z wo, it"01 N ,a� ILL LLA M.LL im z Lu F- J IS 8 tit, % It LE WA y'4 z Vill LL I'll iii Eel 'wr �Fil 8 u--� 10 , el, um, ffn Oil zi ........ tt�M ............. allP rl ^ul�• ", Mw J ......, OF t, . r rIm mow, z UJI tillil O-Nh%> Itf A U>Z 'Lot, LU tt 10 LU r.uj LIIt, t z f qk u w Z LLI % CL ......... 1, u it I 11 n y. f P 'nit"t Lj 111 V 0 11 03 W R, MIL I Z ILL `69 Y�, E3 r 1 2 Li fj, wj LL ........... z Ln Kit cc III ILL 41`1 ILL, M �z L 84 Q 1121 ul�la�_j L IIAWv. KO all L ;11; Lk lik LU s t,I t7l, J , U 11,21. LL'11. 116 p E LLLL ql ii::16 Lj LLIV u ILL I 11,10 Q , z 7zP,6 t; AN I Md LJ 0 1 J I �'41)",0 IL LL- LA U A Lk G u te IIL Uld B 16 2020-07-28 Agenda Packet Page 68 of 711 SECOND READING AND ADOPTION EXHIBIT B CITY OF CHULA VISTA AND CFD NO. 16-1 CERTIFICATE I Pursuant to Section 3F of the Amended and Restated Rate and Method of Apportionment of Special Tax (the "RMA"), the City of Chula Vista (the "City") and Community Facilities District No. 16-1 of the City of Chula Vista ("CFD No. 16-1") hereby agree to a reduction in the Special Tax for Developed Property, Undeveloped Property, and/or Provisional Property: (a) The information in the RMA relating to the Special Tax for Developed Property, Undeveloped Property, and Provisional Property shall be modified as follows: [insert Table I and/or 2 showing revised Assigned Special Tax rates or Developed Property, insert revised Backup Special Tax rates.fbr Developed Property by Zone, and insert change to Maximum Special Tax rates for Undeveloped Property and Provisional Property by Zone] (b) The CFD Public Facilities Costs in Section 8 shall be changed to $ 0 2. Special Tax rates for Taxable Property may only be modified prior to the issuance of Bonds. 3. Upon execution of the Certificate by the City and CFD No. 16-1 the City shall cause an amended Notice of Special Tax Lien for IA 2 to be recorded reflecting the modifications set forth herein. By execution hereof, the undersigned acknowledges, on behalf of the City of Chula Vista and CFD No. 16-1, receipt of this Certificate and modification of the RMA as set forth in this Certificate. CITY OF CHULA VISTA By: Date: CFD Administrator COMMUNITY FACILITIES DISTRICT NO. 16-1 OF THE CITY OF CHULA VISTA Date: By: B - 17 2020-07-28 Agenda Packet, Page 69 of 711 ............ PROPOSED AMENDED BOUNDARY MAP OF $MEET I OF'I SKEfET COMMUNITY FACILITIES DISTRICT NO111. 16-1 I HEREBY CERTIFY THAT THE WITHIN MAP SKOWING PRDPOSED (MILLEINIIIA) THIS BOUNDARY MAP AMENDS 1HEET 2"' OF 2 Of PROPI 60UNDARIE5, OF COMMOINITY fACKIVES iDil MIXT NQ�, 16-1 WUNDAMES, Of COMMUNJY FACItitits DISTRIC'T INO.lil 1MKL1,NIAj,, CITY OF CHULA VISM6 COUNTY CF CITY O�F CHULA,VISTA, (MW NiA)CITY 01FHULA VISTA,,CfthnI f SAN 0111JEOMSTIAT)l, SAN 011EGO,, STATE 0F CkLIFORN"11A. WAS APPROVE0, low, 11HE COUINTYOF SAN DIEGO, STATE OF'CALIFORN[A OF CALIFOONIA FILED oN Aixus'r 11, 2,016 W 900K 46 aF CITY COUNCIL 'OF THE CRY OF HU "VISTA AT A REQMLAR MAPS OF ASSESSMENT NO CDMMUNITY"FACAPTIES WSTRICTS MEETING1,HEREOF,Ho of ON DAYOF20-, AT PAG ,A'S DOW MEN7KC),2016-YDW32,61, BY RISOWTION RE;FERENCE 15 HEREW MADE TO 11"HE C'm OF CSI LI V',57A IRA/CT MAP 14101,i09-03 AKO,RDED IlN,THT 041CIAL RECO,D's ......... Of THE' COUNTY OF SAN DIEGO, STATE 'OF 101Y HEIRIK CALIFORIIIAII, AS 010CUMEN1 P40, 2019-7=481 FOR A (IT'N OF CHULA VISTA Dt'SCRIPTICINI OF THE LINES AND DSI VIENSJDNS OF TH,ST PARCW. ON FILED WT 4EIlEOF T14F CITY CLEAK,CTTY OF C]HULAVISTA, THIS DAY Of dew" 20 Cm,CLUK CITY OF CHULA VISTA VA R'ECOADtDIH,15 DAY Of 0L 20-2q-AT 5 THE HOUIROF OTLOCK IINI eOOK v PAGE'jf.�_Of MAPS OF ASSESSMENT AND COINWUNiTY ...... IFACILITIES DISTRICTS W THE OF IIF OF THE COUNTY IV RECOADEK, M THIIE COUNrY OF 5AN DIEGO, STATE OF vMPRQWtMjk:M,,T AMOK k 0CVN0A1R,',Y CALIPOKISIik l 1k Ove "o led I ve PAACCL LAE' TEE No 21020- E RN E$'T 1, DRONENOMINS.GI, JR,, A5SESSOR, RECORDER,, COUNVC(lAK, > 10A0 OR f;t-RE YACE kf III F 1110AP TV xxx�Xxx-xx_X_x ASSC,SSnR PAACft IWI(RAA . ......... el 40 00 < MIAP REFERENIGE NO, ASSESSOR PARCEL N10, LOQ"N0JF INAL Mme' 643-060-69 LOT 191 Of, F NX MAP N O 1,6081 643.06"7(POR T 10N) LOT'I Of F NAL MAP No 16,38C 643.06"8(PORT11ON) LOT 4 Cf FINAL MAP NO,16380 CA3460-62, LOT'12 OF F04AL MAP NO,,1,6081 16413-KOQI LOT'13 OF F'INAL,MAP NOI W$,1 MS K)UNUARYMAIR WISMECTLYP SNOVW-t�llr,SOUNDARM4 O , C F' ME,COMMVNlV FACILITIE-6 DISTAK",1F�R DETOWS, CONCERNING THE LINES AND DIMENSIONS OF LOTS OR W PARCEL ReFER TO THIr, WONTY AS ITS IMAPS FOR 37� 7sc, 1$0,Feet + spidt"R"C NWLTING FISCAL YEAR 2011140, s ................. '00% d"009 IF I 5K q,81702v— 70OU 2020-07-28 Agenda Packet, Page 70 of 711 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: 20-0100 ,TITS A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A SOLE SOURCE PURCHASE AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT FOR THE ACQUISITION OF ONE PIERCE AERIAL LADDER TRUCK AND ONE PIERCE ARROW XT TRIPLE COMBINATION PUMPER/FIRE E GI E ( FIRE SERVICE EQUIPMENT")AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE FINAL, PURCHASE AND LEASE AGREEMENTS AND ANY INCIDENTAL NECESSARY DOCUMENTS IN FINAL FORMS APPROVED BY THE CITY ATTORNEY B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT AND EQUIPMENT SCHEDULE NO. 01 THERETO WITH BANG OF AMERICA PUBLIC CAPITAL CORP. FOR THE ACQUISITION,FINANCING AND LEASING OF CERTAIN FIRE SERVICE EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS HEREIN PROVIDED;AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO 'TIFF CONSUMMATION IMATION OF THE 'TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION,ALL IN FINAL FORMS APPROVED BY THE CITY ATTORNEY RECOMMENDED ACTION Council adopt the resolutions. SUMMARY The Chula Vista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees daily. Emergency response service delivery is provided with several different types of fine apparatus including triple combination pumper,/fire engines, aerial ladder trucks, a heavy rescue, a brush engine and battalion chief command vehicles. The Fire Department continues to replace fire apparatus as part of the initial phase of the City's 10-year Measure P Expenditure Plan specific to the Fire Department's fire apparatus replacement plan. The Finance and Fire Departments have identified a lease purchase program through Baric of America Public Capital Corp.to better leverage existinR Measure P funds in order to accomplish)the purchase ofthese fire apparatus. With this item staff is requesting, authorization to enter into a sole source purchase agreement with South Coast Fire Equipment and a 5-year lease purchase agreement with B of for the acquisition of one (1).Aerial Ladder Truck and one 1) Triple Combination Pumper to replace an existing aerial ladder truck and pumper/engine that will be transitioned into the reserve fleet. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, gage 71 of 711. This item also approves a Master Equipment Lease/Purchase Agreement with B of A (``Master Agreement"). The term of the Master Agreement is for 1 year,with a maximum aggregate capital value that can be financed under that agreement of$10 million and a maximum interest rate of 2%. The terms for financing the above- described Fire Service equipment are for up to $2.4 million (purchase price plus a contingency) at 1% over a 5-year lease term. The Master Agreement lease financing arrangement with B of'A is also being used to finance the acquisition of up to $4.5 million of Emergency Ambulance,Transport equipment. That financing is also being presented for City Council consideration on this July 28th agenda (File I.D. No. 20-0302). ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance,with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project)p as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines,the activity is not subject to CE A. Thus,no environmental review is required. BOARD/COMMISSION/COMMI'TTEE RECOMMENDATION Not Applicable DISCUSSION The Fire Department responds to Fire, Rescue and Emergency Medical incidents both within the City and surrounding cities. In addition,the Fire Department provides mutual aid assistance throughout the State of California on a reimbursable basis. These emergency services are provided with the following frontline fire apparatus: eight(8)pumper/engines;two(2)aerial ladder trucks;one(1)heavy rescue truck;one(1)brush engine-, and two (2) battalion chief command vehicles. Reserve apparatus consist of the following: five (5,) reserve pumper/engines; one (1.) reserve aerial ladder truck; one (1) reserve heav Rescue; (1) one reserve YY brush rig; and two (2) reserve battalion chief command vehicles. As part of the Fire Department's continued execution of the City's 10-year Measure P Expenditure Plan specific to fire apparatus and equipment replacements, the replacement of the aerial ladder truck and a pumper/engine is necessary. The replacement of these last two fire apparatus completes the initial phase of the fire apparatus replacements detailed in the Fire Department's internal fire apparatus replacement plan in alignment with the City's 10-year Measure P Expenditure Plan. This accomplishment is significant and provides for improved overall quality,reliability,cost effectiveness and safety of the fire apparatus fleet. The aerial ladder truck being replaced has been in frontline service for 17 years. The engine/pumper being replaced has been in frontline service for 15 years. The next phase of the C'ity's, 10-year Measure P Expenditure Plan specific to fire apparatus replacements includes future apparatus purchases required to bring the Fire Department apparatus fleet in alignment with the Council adopted Fire Facility Master Plan. The Fire Facility Master Plan includes an addendum that details the recommended apparatus replacement cycles to include 10 to 12 years of frontline service,plus 5 years of reserve service, for a total service life of 17 years. National Fire Protection Association (NEPA) Standard 1901 on Automotive Fire Apparatus and other National Fleet Maintenance Organizations recommend large vehicle replacements based on several criteria to include, years of service, mileage, P 12 2020-07-28 Agenda Packet, Page 72 of 711 maintenance costs, functional obsolescence,, and inability to obtain repair parts as well as technology and safety improvements. This purchase is a sole source purchase with South Coast Fire Equipment for the Pierce manufactured fire apparatus,pursuant to Chula Vista Municipal Code section 2.56.070.B.4 (unique compatibility requirements.) The Fire Department uses Pierce Manufacturing to purchase frontline operational emergency response vehicles for several critical reasons: 1. Equipment Standardization: providing the same type of emergency response apparatus is critical in order to provide a standard approach to training all personnel.'This ensures that our,personnel can operate fire apparatus at a competent level while under duress of'e,mergency response. 2. Safety: Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout our fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. The purchase of these new fire apparatus will continue to improve the overall quality, reliability, cost effectiveness,and safety of the City's fire apparatus fleet. The City's Finance Department conducted a competitive process back in February 2020 for lease/purchase equipment finance services. Proposals were solicited from three banks providing such services. B of A was ultimately chosen as the City's preferred lease/purchase finance services provider because of their overall qualifications and the fact that they were offering the lowest interest rate pricing,. The Master Agreement with B, of A being approved by this item will also be used to, finance the acquisition of equipment necessary for the City Fire Department to provide Emergency Ambulance Transport Services. That item is also before the City Council for its consideration at the July 28thmeeting The Fire Department is requesting Council approval of the agreements and any incidental necessary documents, for signature by the City Manager or designee, all of which staff is working to finalize. Staff is working to finalize the purchase agreement with South Coast Fire Equipment to include a total written quote of$2,273,805.23. The cost for the aerial ladder truck is $1,505,921.62,and the cost for the engine/pumper is$767,8,83.61. With all purchase agreements for fire apparatus,staff recommends a 4%overage to account for any change order needs in the manufacturing process, bringing the total to $2,364,757.44. Staff is also working with Bank of America to finalize the lease/purchase financing agreements. Staff has secured a written rate and term lock with B of A for up to $2,400,000 at 1.00% interest with a five-year term. The financing will be implemented on Bank of America's standard leas e/purcasing documentation in final forms reviewed and approved by the City Attorney. Substantial drafts of such documents are attached to this item. DECISION-MAKER C'ONFLIC"T Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). P 13 2020-07-28 Agenda Packet, Page 73 of 711 Notwithstanding the foregoing,it has been determined by the,FPPC that Councilmember Galvei does have a disqualifying conflict of interest on this item as result of her husband's employment with an affiliate of B of A. Accordingly, Councilmember Galvez will need to recuse herself from participating on this,item. Staff is not independently aware and has not been informed by any City Council member, of any other fact that may constitute,a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT There is no fiscal impact to the general fund. The total cost to purchase one (1) aerial ladder truck and one (1) triple combination pumper is $2,,364,757.44 and will be funded from the Measure P fund. Fire and Finance Departments are recommending acquiring this equipment via a 5-year lease purchase agreement with B of A. The first lease purchase payment is due at completion of'the manufacturing process in August of 2021;therefore, no lease payments will be due in FY20/21. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the general fund. The annual lease payments for this lease agreement will be paid from the Measure P Fund specific to the Fire Vehicle Lease line item. These payments will occur on a bi-annual basis at a 1.00%locked interest rate for the next five years with full payment completed prior to the end oft e ten-year Measure P Expenditure Plan in Fiscal Year 25/26 ATTACHMENTS Master Lease/Purchase Agreement and Related Documents Staff Contacts: Jeff Peter, David Bilby P 4 2020-07-28 Agenda Packet, Page 74 of 711 RESOLUTION No. A RESOLUTION of THE CITY COUNCIL of THE CITY of HU A VISTA APPROVING A SOLE SOURCE PURCHASE AGREEMENT WITH SOUTH COAST FIRE EQUIPMENT FOR THE ACQUISITION OF ONE PIERCE AERIAL LADDER TRUCK ANIS ONE PIERCE ARROW XT 'TRIPLE COMBINATION PUMPER/FIRE ENGINE ("FIRE SERVICE E IPMENT99) AND AUTHORIZING THE CITY MANAGER OR HER DESIGNEE TO EXECUTE THE FINAL PURCHASE ANIS LEASE AGREEMENTS AND ANY INCIDENTAL LNTAL NECESSARY DOCUMENTS IN FINAL FORMS APPROVED BY THE CITY ATTORNEY WHEREAS, the Chula 'lista Fire Department delivers Fire, Rescue and Emergency Medical Services to Chula Vista residents, visitors, and employees every day; WHEREAS,.... emergency response services are ,providedwith several differenttypes of fire apparatus including triple combination pumpers/engines, aerial ladder trucks, a heavy rescue, a brush engine and battalion chief vehicles, WHEREAS, the Fire Departmentapparatus replacements as continues s to execute ute ire a part of the City's 10-year Measure P Expenditure Plan specific to fire apparatus replacements WHEREAS, the Fire Department continues to move toward compliance with the recommended fire apparatus replacement cycles identified in the Council approved Fire Department Fire Facility Master Plan " 'Taster Plan"); WHEREAS, the Fire Department is recommending a sole source purchase with South Coast Fire Equipment for the acquisition of one Pierce Aerial Ladder Truck and one Pierce Affow XT' Triple Combination Pumper/Engine at the combined price of$2,364,,757 it order to supplement and replace fire apparatus as contemplated in the Master Plan;, HEREAS, Chula vista Municipal Code Section 2.56.070.B.4 provides a sole source purchase exception to the City's formal competitive bidding requirements for equipment purchases exceeding $100,000 where such commodity is available from only one known source as the result of compatibility requirements and/or unique market conditions. WHEREAS, a sole source purchase of equipment from Pierce Manufacturing is justified in this case for the following reasons: 1. The purchase of these new fire apparatus will. continue to improve the overall quality, reliability, cost effectiveness, and safety of the City's fire apparatus fleet comprised almost exclusively of Pierce vehicles 2020-07-2 Agenda Packet, gage 75 of 711. Resolution No. A Page 2 2. Providing the same type of emergency response apparatus is critical in order to provide a standard approach to training all personnel. This ensures that Fire personnel can operate fire apparatus at a competent level while under duress of emergency response. 3. Fire personnel are consistently moved from one fire station to another. Maintaining a fleet of fire apparatus that operate consistently throughout the fleet ensures driver/operators and firefighters can operate and locate equipment in an efficient and timely manner while working in emergency situations. NOW,, THEREFORE, BE IT RESOLVED, by the City Council of the City of Chula Vista that, based on the facts and circumstances set forth above, and pursuant to its authority under Chula Vista Municipal Code Section 2.56.070.13.4, it approves, a sole source purchase agreement with South Coast Fire Equipment for the acquisition of one Pierce Aerial Ladder Truck and one Pierce Arrow XT Triple Combination Pumper/Fire Engine, on the terms presented, with such 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, the City Manager or designee to execute the final agreements and any incidental necessary documents, in final forms approved by the City Attorney. Presented by Approved as to form by JIM GEERING GLEN R. GOOGINS Fire Chief City Attorney 2020-07-28 Agenda Packet, Page 76 of 711 ISESOLUTION No.2020- B RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY of A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT AND EQUIPMENT SCHEDULE No. 01 THERETO WITH B.ANC of AMERICA PUBLIC CAPITAL CORP. FOR THE ACQUISIT ON9 FINANCING, AND LEASING of CERTAIN FIRE SERVICE EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE ' , AUTHORIZING THE EXECUTION ANIS DELIVERY of OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH,- AND AUTHORIZING THE TAKING OF ALL OTHER .AUCTIONS NECESSARY To THE CONSUMMATION OF THE TRANSACTIONS►ACTIONS CONT MPLATED BY THIS RESOLUTION ALL IN FINAL FORMS APPROVED BY THE CITY ATTORNEY WHEREAS, the City of Chula'lista (the ".Lessee''), a municipal corporation and charter city"duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laves and regulations in respect to municipal affairs and certain other matters in accordance with an as more particularly provided in Section 3, 5 and 7 of Article X1 of the Constitution of the State of California, is authorized by the lags of the State of California and its Charter to acquire, finance ce and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto, WHEREAS, the City Council of the Lessee (tie "City Council") has determined that a need exists for the acquisition, financing and leasing of certain equipment consisting of fire suppression vehicles, which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the "Equipment"') on the terms herein provided; WHEREAS,, in order to acquire such Equipment, the Lessee proposes to enter into that certain. Master Equipment Lease/Purchase Agreement (the "Agreement") with Banc of America Public Capital Corp (or one of its affiliates), as lessor(the ".Lessor"), substantially in the proposed form presented to the City Council at this meeting, and separate Equipment Schedules thereto substantially in the form attached to the Agreement; and WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient and effective administration istration thereofto eater into the Agreement and separate Equipment Schedules thereunder and the other documentation relating thereto from time to time as provided in the Agreement for the acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided. 2020-07-2 Agenda Packet, gage 77 of 711. Resolution No. Page 2 of 3 NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council of the Lessee as follows: Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement (including the Equipment Schedule No. 01 and the Payment Schedule to Equipment Schedule No. 01, of attached thereto), in the form presented to the City Council at this meeting, are in the best interests of the Lessee for the acquisition financing and leasing of the Equipment. Section 2. Approval of'Documents. The form, terms and provisions of the Agreement (including the form of Equipment Schedule and the form of Payment Schedule, both attached thereto) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the City Manager of the Lessee or the City Attorney of the Lessee(the "Authorized Qfficials")executing the same,the execution of such documents being conclusive evidence of such approval; and the City Manager of the Lessee is hereby authorized and directed to execute,and the City Attorney of the Lessee is hereby authorized and directed to attest, the Agreement and any related Exhibits attached thereto and to deliver the Agreement (including such Exhibits) to the respective parties thereto. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Agreement, each Equipment Schedule thereto under which a separate Lease (as defined in the X0 Agreement is / created, each Payment Schedule attached thereto, any related Escrow Agreement and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the City Council of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $10,000,000, with a $2,,400,000 not to exceed amount for Equipment Schedule No. I; (b) the maximum term under any Lease entered into pursuant to the Agreement shall not exceed six years; and (c) the maximum interest rate used to determine the interest component of Rental Payments under each Lease shall not exceed the lesser of the maximum rate p�ermitted by law or 2.0 %per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of one year from the date hereof during which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement on the terms and conditions herein provided and to be provided in each such Lease. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Final Acceptance Certificates, Escrow Agreements, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease. Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease, any Escrow Agreement nor any other instrument shall.be construed with respect to the 2020-07-28 Agenda Packet, Page 78 of 711 Resolution No. Page 3 of 3 Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Agreement, any Lease, any Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease entered into pursuant tothe Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. Section 5. Appointment of Authorized Lessee Representatives. The City Manager and Director of Finance of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of each Lease and related Escrow Agreement until such time as the City Council of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and any Lease or Escrow Agreement. Section 6. Severability. If any section,paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof. Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. Presented by: Approved as, to fora David Bilby, Glen R. Googins, Director of Finance City Attorney 2020-07-28 Agenda Packet, Page 79 of 711 11"XHIBIT I For ofl Escrow and Account Control Agreement This Escrow and Account Control Agreement (this "Agreement"), dated as of , by and among Banc of America Public Capital Corp, a Kansas corporation (together with its successors and assigns, hereinafter referred to as "Lessor"), the City of Chula Vista, a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article XI of the Constitution of the State of California (hereinafter referred to as "Lessee") and Bank of America, National Association, a national banking association organized under the laws of the United States of America (hereinafter referred to as "Escrow Agent"). Reference is made to that certain Schedule of Property No. dated as of to Master Equipment ease`Purchase Agreement dated as of July 30, 2020, between Lessor and Lessee (hereinafter referred to as the "Lease"), covering the acquisition and lease of certain Equipment described therein (the "Equipment"). It is a requirement of the Lease that the Acquisition Amount ($ ) be deposited into a segregated escrow account under terms satisfactory to Lessor,, for the purpose of fully funding the Lease, and providing a mechanism for the application of such amounts to the purchase of and payment for the Equipment. NOW,, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Creation of Escrow Account. (a) There is hereby created an escrow fund to be known as the "Chula Vista CA Schedule No. Escrow Account" (the "Escrow Account") to be held by the Escrow Agent for the purposes stated herein, for the benefit of Lessor and Lessee, to be held, disbursed and returned in accordance with the terms hereof. (b) Lessee may, from time to time, provide written instructions for Escrow Agent to use any available cash in the Escrow Account to purchase any money market fund or liquid deposit investment vehicle that Escrow Agent from time to time makes available to the parties hereto. Such written instructions shall be provided via delivery to Escrow Agent of a signed and completed Escrow Account Investment Selection Form (such for available from Escrow Agent upon request). All funds invested by Escrow Agent at the direction of Lessee in such short-ten-n investments (as more particularly described in Escrow Agent's Escrow Account Investment Selection Form) shall be deemed to be part of the Escrow Account and subject to all the terms and conditions of this Agreement. if any cash is received for the Escrow Account after the cut-off time for the designated short-term investment vehicle, the Escrow Agent shall hold such cash uninvested until the next Business Day. In the absence of written instructions from Lessee (on Escrow Agent's Escrow Account Investment Selection Form) designating a short- March 2019 1 2020-07-28 Agenda Packet, Page 8,0 of 711 to investment of cash in the Escrow Account, cash in the Escrow Account shall remain uninvested and it shall not be collateralized. Escrow Agent shall have no obligation to pay interest on cash in respect of any period during which it remains uninvested. Lessee shall be solely responsible for ascertaining that all proposed investments and reinvestments are Qualified Investments and that they comply with federal, state and local laws, regulations and ordinances governing investment of such funds and for providing appropriate notice to the Escrow Agent for the reinvestment of any maturing investment. Accordingly, neither the Escrow Agent nor Lessor shall be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of all or any portion of the moneys on deposit in the Escrow Account, and Lessee agrees to and does hereby release the Escrow Agent and Lessor from any such liability, cost, expenses, loss or claim. Interest on the Escrow Account shall becomepart of the Escrow Account, and gains and losses on the investment of the moneys on deposit in the Escrow Account shall be borne by the Lessee. The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Escrow Account. The Escrow Agent shall not be responsible for any market decline in the value of the Escrow Account and has no obligation to notify Lessor and Lessee of any such decline or take any action with respect to the Escrow Account, except upon specific written instructions stated herein. For purposes of this Agreement, "Qualified Investments" means any investments which meet the requirements of California Government Code Section 53601. (c) Unless the Escrow Account is earlier terminated in accordance with the provisions of paragraph (d) below, amounts in the Escrow Account shall be disbursed by the Escrow Agent in payment of amounts described in Section 2 hereof upon receipt of written instruction(s) from Lessor, as is more fully described in Section 2 hereof. If the amounts in the Escrow Account are insufficient to pay such amounts, Lessee shall provide any balance of the funds needed to complete the acquisition of the Equipment. Any moneys remaining in the Escrow Account on or after the earlier of(i) the expiration of the Acquisition Period or (ii) the date on which Lessee executes an Acceptance Certificate shall be applied as provided in Section 4 hereof. (d) The Escrow Account shall be terminated at the earliest of (i) the final distribution of amounts in the Escrow Account, (ii) the date on which Lessee executes a Final Acceptance Certificate or (iii) written notice given by Lessor of the occurrence of an Event of Default under the Lease or termination of the Lease due to an Event of Non-appropriation. Notwithstanding the foregoing, this, Agreement shall not terminate nor shall the Escrow Account be closed until all funds deposited hereunder have been disbursed. (e) The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion. contained in such a writing or instrument. The Escrow Agent shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder shall be limited to the receipt of such moneys, instruments or other documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith. Notwithstanding and without limiting the generality of the foregoing, concurrent with the execution of this Agreement, Lessee and Lessor, respectively, March 2019 2 2020-07-28 Agenda Packet, Page 8,1 of 711 shall deliver to the Escrow Agent an authorized signers for in the form of Exhibit A-I (Lessee) and Exhibit A-2 (Lessor) attached hereto. Notwithstandimy, the foregoing sentence, the Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the parties or by a person or persons authorized by the parties. The Escrow Agent specifically allows for receiving direction by written or electronic transmission from an authorized representative with the following caveat, Lessee and Lessor agree to indemnify and hold harmless the Escrow Agent against any and all claims, losses, damages, liabilities, judgments, costs and expenses (including reasonable attorneys' fees), (collectively, "Losses") incurred or sustained by the Escrow Agent as a result of or in connection with the Escrow Agent's reliance upon and compliance with instructions or directions given by written or electronic transmission given by each, respectively, provided, however, that such Losses have not arisen from the gross negligence or willful misconduct of the Escrow Agent, it being understood that forbearance on the part of the Escrow Agent to verify or confirm that the person giving the instructions or directions, is, in fact, an authorized person shall not be deemed to constitute gross negligence or willful misconduct. In the event conflicting instructions as to the disposition of all or any portion of the Escrow Account are at any time given by Lessor and Lessee, the Escrow Agent shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee. (f) Unless the Escrow Agent is guilty of gross negligence or willful misconduct with regard to its duties hereunder, Lessee agrees to and does hereby release and indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, does to the extent permitted by law indemnify the Escrow Agent against any and all expenses; including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. (g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease, or about the rights, and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action it an interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under the Lease until a final judgment in such action is received. (h) The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall. otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. (i) Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses, including those of the Escrow Agent's attorneys, agents and employees incurred for non-routi.n.e administration of the Escrow Account and the performance of the Escrow Agent's powers and duties hereunder in connection with any Event of Default under the Lease, any March 2019 3 2020-07-28 Agenda Packet, Page 8,2 of 711 ten,nination of the Lease due to an Event of Non-appropriation or in connection with any dispute between Lessor and Lessee concerning the Escrow Account. 0) The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the "Effective Date"), which shall be a date not less than 60 days after such notice is delivered to an express carrier, charges prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of written instructions from Lessor regarding further disposition of the Escrow Account. (k) The Escrow Agent shall have no responsibilities, obligations or duties other than those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be read into this, Agreement. 2 V. Acquisition of Property. (a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Escrow Account. Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. Escrow Agent shall have no duty to monitor or enforce Lessee's compliance with the foregoing covenant. (b) Authorized Escrow Account Disbursements. It is agreed as between Lessee and Lessor that disbursements from the Escrow Account shall be made for the purpose of paying (including the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring the Equipment. (c) R,eu,isition Procedure. No disbursement from the Escrow Account shall be made unless and until Lessor has, approved such requisition. Prior to disbursement from the Escrow Account there shall be filed with the Escrow Agent a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. All disbursements shall be made by wire transfer. The Escrow Agent is authorized to obtain and rely on confirmation of such Disbursement Request and payment instructions by telephone call-back to the person or persons designated for verifying such requests on Exhibit A-2 (such person verifying the request shall be different than the person initiating the request). The Lessor and Lessee hereby confirm that any call-back performed by Escrow Agent to verify a disbursement instruction pursuant to a Disbursement Request submitted pursuant to this Section 2(c) before release, shall be made to Lessor only and Escrow Agent shall have no obligation to call-back Lessee. March 2019 4 2020-07-28 Agenda Packet, Page 8,3 of 711 Each such Disbursement Request shall be signed by an authorized representative of Lessee (an "Authorized Representative") and by Lessor, and shall be subject to the following conditions, which Escrow Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and Lessor is delivered to it: 1. Delivery to Lessor of an executed Disbursement Request in the form attached hereto as Schedule 1; and 2. Delivery to Lessor of copies of invoices (and proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale if title to such Equipment has passed to Lessee) therefor as required by Section 3.04 of the Lease and any additional documentation reasonably requested by Lessor. Lessee and Lessor agree that their execution of the form attached hereto as Schedule I and delivery of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to disbursements set forth in this Section 2 have been satisfied. 3. Deposit to Escrow Account. Upon satisfaction of the conditions specified in Section 3.04 of the Lease, Lessor will cause the Acquisition Amount to be deposited in the Escrow Account. Lessee agrees, to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow Account. 4. Excessive Escrow Account. Upon receipt of written instructions from Lessor including a representation that one of the following conditions has been satisfied (upon which representation Escrow Agent shall conclusively rely), any funds remaining in the Escrow Account on or after the earlier of(a) the expiration of the Acquisition Period or (b) the date on which Lessee executes an Acceptance Certificate, or upon a termination of the Escrow Account as otherwise provided herein, shall be distributed by the Escrow Agent to the Lessor in order for the Lessor to apply such funds to amounts owed by Lessee under the Lease in accordance with Section 4.07 of the Lease. 5. Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow Account and all proceeds thereof are being held by Escrow Agent for disbursement or return as set forth herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account, and all proceeds thereof, and all investments made with any amounts in the Escrow Account. If the Escrow Account, or any part thereof, is converted to investments as set forth in this Agreement, such investments shall be made in the name of Escrow Agent and the Escrow Agent hereby agrees to hold such investments as bailee for Lessor so that Lessor is deemed to have possession of such investments for the purpose of perfecting its security interest. 6. Control of Escrow Account. In order to perfect Lessor's security interest by means of control in (i) the Escrow Account established hereunder, (ii) all securities entitlements, investment property and other financial assets now or hereafter credited to the Escrow Account, (iii) all of Lessee's rights in respect of the Escrow Account, such securities entitlements, investment property and other financial assets, and (iv) all products, proceeds and revenues of March 2019 5 2020-07-28 Agenda Packet, Page 8,4 of 711 and from any of the foregoing personal property (collectively, the "Collateral"), Lessor, Lessee and Escrow Agent further agree as follows: (a) All terms used in this Section 6 which are defined in the Commercial Code of the state! of California ("Commercial Code") but are not otherwise defined herein shall have the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement. (b) Escrow Agent will comply with all entitlement orders originated by Lessor with respect to the Collateral, or any portion of the Collateral, without further consent by Lessee. (c) Provided that account investments shall be held in the name of the Escrow Agent, Escrow Agent hereby represents and warrants (a) that the records of Escrow Agent show that Lessee is the sole owner of the Collateral, (b) that Escrow Agent has not been served with any notice of levy or received any notice of any security interest in or other claim to the Collateral, or any portion of the Collateral, other than Lessor's claim pursuant to this Agreement, and (c) that Escrow Agent is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that Escrow Agent, subject to the provisions of paragraph (e) below, is obligated to accept from Lessee. (d) Without the prior written consent of Lessor, Escrow Agent will not enter into any agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any portion or all of the Collateral. (e) Except as otherwise provided in this paragraph (e) and subject to Section l(b) hereof, Lessee may effect sales, trades, transfers and exchanges of Collateral within the Escrow Account, but will not, without the prior written consent of Lessor, withdraw any Collateral, from the Escrow Account. Escrow Agent acknowledges, that Lessor reserves the right, by delivery of written notice to Escrow Agent, to prohibit Lessee from effecting any withdrawals (including withdrawals of ordinary cash dividends and interest income), sales, trades,, transfers or exchanges of any Collateral held in the Escrow Account. Further, Escrow Agent hereby agrees to comply with any and all written instructions delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor's claims against or agreements with Lessee, the existence of any defaults under such agreements, or any other matter. (f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions and entitlement orders delivered by Lessor to Escrow Agent. (g) Escrow Agent will not attempt to assert control, and does not claim and will. not accept any security or other interest in, any part of the Collateral, and Escrow Agent will March 2019 6 2020-07-28 Agenda Packet, Page 8,5 of 711 not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever. (h) Escrow Agent and Lessee hereby agree that any property held in the Escrow Account shall be treated as a financial asset under such section of the Commercial Code as corresponds with Section 8-102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Escrow Agent may be a party. (1) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to Lessor at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect tothe Escrow Account. 7. Infort-nation Required Under USA PATRIOT ACT. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also as for formation documents such as articles of incorporation or other identifying documents to be provided. 8. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease. This Agreement may not be amended except in writing signed by all parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, instrument and each shall have the force and effect of an original and all of which together constitute, and shall be deemed to constitute, one and the same instrument. Notices hereunder shall be made in writing and shall be deemed to have been duly given when personally delivered or when deposited in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation,, addressed to each party at its address below. Notices and other communications hereunder may be delivered or furnished by electronic mail proyided that any formal notice be attached to an email message in PDF format and provided further that any notice or other communication. sent to an e-mail address shall be deemed received upon and only upon the sender's receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes hereof no acknowledgement of receipt generated on an automated basis shall be deemed sufficient for any purpose hereunder or admissible as evidence of receipt. March 2019 7 2020-07-28 Agenda Packet, Page 8,6 of 711 If to Lessor: Banc of America Public Capital Corp 113 3 3 McCormick Road Mail Code: 1"` D5-032-,07-,05 Hunt Valley, MD 21031 Attn: Contract Administration Fax: (443) 541-3057 If to Lessee: City of Chula Vista 276 4 1h Avenue Chula Vista, CA 91910 Attn: Finance Department Fax: (619) 409-5814 If to Escrow Agent Bank of America,National Association Global Custody and Agency Services 540 W. Madison Street Mail Code: IL4-540-21-03 Chicago, Illinois 60661 Attention: CCAS Al's RS Escrow Service Telephone: (312) 992-3272 Fax: (3 1.2) 3-4443 Email: gcas amrs—escrow—client—service(�bofa.com 9. Lessee and Lessor understand and agree that they are required to provide the Escrow Agent with a properly completed and signed Tax Certification (as defined below) and that the Escrow Agent may not perform its duties hereunder without having been provided with such Tax Certification. As used herein "Tax Certification" shall mean an IRS form W-9 or W-8 as described above. The Escrow Agent will comply with any U.S. tax withholding or backup withholding and reporting requirements that are required by law. With respect to earninr.3 allocable to a foreign person, the Escrow Agent will, withhold U.S. tax as required by law and report such earnings and taxes withheld, if any, for the benefit of such foreign person on IRS Form 1042-S (or any other required form), unless such earnings and withheld taxes are exempt from reporting under Treasury Regulation Section 1.1461-I(c)(2)(ii) or under other applicable law. With respect to earnings allocable to a United States person, the Escrow Agent will report such income, if required, on IRS Form 1099 or any other form required by law. The IRS Forms 1099 and/or 1042-S shall show the Escrow Agent as payor and Lessee as, payee. Escrow Agent shall recognize Lessee as the designated party for regulatory reporting purposes. Lessee and Lessor agree that they are not relieved of their respective obligations, if any, to prepare and file information reports under Code Section 6041, and the Treasury regulations thereunder, with respect to amounts of imputed interest income, as determined pursuant to Code Sections 483 or 1272. The Escrow Agent shall not be responsible for determining or reporting such imputed interest. March 2019 8 2020-07-28 Agenda Packet, Page 8,7 of 711 10. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the parties hereto consent to jurisdiction in the State of California and venue in any state or Federal court located in the City of San Diego. 11. Any bank or corporation into which the Escrow Agent may be merged or with which it may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. Any bank or corporation into which the Lessor may be merged or with which it may be consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its business, shall be the successor to the Lessor without the execution or filing of any paper or any further act on the part of any of the parties, anything herein tothe contrary notwithstanding. 12. This Agreement may be amended, modified, and/or supplemented only by an instrument in writing executed by all parties hereto. 13. No party hereto shall assign its rights hereunder until its assignee has submitted to the Escrow Agent (i) Patriot Act disclosure materials and the Escrow Agent has determined that on the basis of such materials it may accept such assignee as a customer and (ii) assignee has, delivered an IRS Form W-8 or W-9, as appropriate, to the Escrow Agent which the Escrow Agent has determined to have been properly signed and completed. 14. Escrow Agent will treat information related to this Agreement as confidential but, unless prohibited by law, Lessee and Lessor authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates and other representatives and advisors of Escrow Agent and third parties selected by any of them, wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Escrow Agent and any such subsidiary, officer, affiliate or third party may transfer or disclose any such information as required by any law, court, regulator or legal process. Lessor will treat information related to this Agreement as confidential but, unless prohibited by law, Escrow Agent and Lessee authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates, other representatives and advisors of Lessor and debt and equity sources and third parties selected by any of them, and to their prospective assignees wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Lessor and any such subsidiary, officer, affiliate, debt and equity source or third party or prospective assignee may transfer or disclose any such information as required by any law, court, regulator or legal process. Lessee will treat the terms of this Agreement as confidential except on a "need to know" basis to persons within or outside Lessee's organization (including affiliates of such party), such as attorneys, accountants, bankers, financial advisors, auditors and other consultants of such party and its affiliates, except as required by any law, court, regulator or legal process and except pursuant to the express prior written consent of the other parties, which consent shall not be unreasonably withheld; March 2019 9 2020-07-28 Agenda Packet, Page 8,8 of 711 In Witness Whereof, the parties have executed this Escrow and Account Control Agreement as of the date first above written. Banc of America Public Capital Corp City of Chula Vista as Lessor as Lessee By: By: Name: Name: Title: Title: Bank of Americal National Association ATTEST.' As Escrow Agent By: By: Name: Kerry Bigelow Name: Title: City Clerk Title: APPROVED AS To FORM: By: Printed: Name: Glen Goo ins Title: City Attorney March 2019 10 2020-07-28 Agenda Packet, Page 8,9 of 711 to the Escrow and Account Control Agreement FORM OF DISBURSEMENT REQUEST Re: Schedule of.Property No. dated as of to Master Equipment Lease/Purchase Agreement dated as of July 30,2020,by and between.Banc of America Public Capital Corp,as Lessor,and the City of Chula Vista,as Lessee(the`Lease")(Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease.) In accordance with the terms of the Escrow and Account Control Agreement, dated as of (thee "Escrow and Account Control Agreement") by and. among Banc of America Public Capital torp ("Lessor"),the City of Chula Vista(`Lessee") and Bank of America,National Association, (the "Escrow Agent"), the undersigned hereby requests the Escrow Agent pay the following persons the following amounts from the Escrow Account created under the Escrow and. Account Control Agreement for the following purposes: Disbursement Amounts: Payee's Name and Address Invol*ce Number Dollar Amount Purpose <Payee's Name> <invoice list OR `see invoice amount> <general description of <Payee Address 1> attached"with a equipment; ex"police cruiser" Payee Address 2> spreadsheet> Payee Address 3> Payee Bank NN a e*> Payee Bank ABA/Routin, *> Payee Bank Account o* Payee Account ame* *Payee Address and Payee Bank information is required.> Payee's Narne> <in.voice list OR"see <invoice anrao nt> < eneral description of Payee Address 1> attached"with a equipment; ex"police cruiser" Payee Address 2> spreadsheet: <Payee Address 3> <Payee Bank Nµame*> <Payee Bank ABA/Routing* <Payee Bank Account o*> <Payee Account Name*> *Payee Address and Payee Bank information i s re wired. Lessee hereby represents,covenants and warrants for the benefit of Lessor on the date hereof as follows: 2020-07-2 Agenda Packet gage 90 of 711. (i) (a) Each obligation specified in the table herein titled as "Disbursement Amounts" has been incurred by Lessee in the stated amount, (b) the same is a proper charge against the Escrow Account for costs relating to the Equipment identified in the Lease, and (c) has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof). (ii) Each item of Equipment relating to an obligation specified in the table herein titled as "Disbursement Amounts" has been delivered, installed and accepted by Lessee. Attached hereto is a copy of the invoice with respect to such obligation. (iii) The undersigned, as Authorized Representative, has no notice of any vendor's, mechanic's or other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made. (iv) This requisition contains no item representing payment on account, or any retained percentages which Lessee is,at the date hereof,entitled to retain(except to the extent such amounts represent a reimbursement to Lessee). (v) The Equipment is insured in accordance with the Lease. (vi) No Event of Default, and no event which with notice or lapse of time, or both, would become an Event of Default, under the Lease has occurred and is continuing at the date hereof. No Event of Non appropriation. has occurred or is threatened with respect to the Lease. (vii) The disbursement shall occur during the Acquisition Period. (viii) The representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date hereof. (ix) No Material Adverse Change has occurred since the date of the execution and delivery of the Lease. Dated: CITY OF CHULA VISTA By: Name: Title: Disbursement of funds from the Escrow Account in accordance with the foregoing Disbursement Request hereby is authorized BANCA OF AMERICA PUBLIC CAPITAL CORP as Lessor under the Lease By- Name: Title: 2020-07-28 Agenda Packet, Page 91 of 711 [AN"EXI-11BIT A-I"MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF TIJE AGREEMENT] EXHIBIT A-1 FORM OF INCUMBENCY ANTI AUTHORIZATION CERTIFICATE The undersigned, a duly elected or appointed and acting of the City of Chula Vista("Lessee") certifies as follows: A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "0 Wcials") in the ca acity set forth opposite their respective names below and the i P facsimile signatures below are true and correct as of the date hereof; B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Schedule of Property No. dated as of to Master Equipment Lease/P,urchase Agreement dated as of July 30, 2020, by and between Lessee and Banc of America Public Capital Corp ("Lessor"'), the Escrow and Account Control Agreement dated as of by and among Lessor, Lessee and Bank of America, National Association,, as Escrow Agent, all documents related thereto and delivered in connection therewith, and any future modification(s) or amendments thereof (collectively, the "Operative Agreements,"), and the Operative Agreements each are the binding and authorized agreements of Lessee, enforceable in all respects in accordance with their respective terms. Name of Official Title Signature Dated: By: Name: Title: (The signer of this Certificate cannot be listed above as authorized to execute the Agreements.) 2020-07-28 Agenda Packet, Page 92 of 711 [AN"EXI-11BIT A-2"MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF THE AGREEMENT] EXHIBIT - Escrow and Account Control Agreement dated as of by and among 'Bane 0 of America Public Capital Corp, as Lessor, the City of Chula Vista, as Lessee and Bank of America, National Association, as Escrow Agent Certificate of Authorized Representatives— [Lessor] Name: Augustine Reichenbach Name: Jennifer Schlosser Title: Authorized Agent Title: Authorized Agent Phone: 443-541-2613 Phone: 443-541-3685 Facsimile: 904-312-6101 Facsimile: 804-662-1781 E-mail: Au,gustine.reichenbachL&baml.com E-mail: Jennifer.schlosserC&baml.com Signature: Signature: Fund Transfer/Disbursement Authority Level: Fund Transfer/Disbursement Authority Level: El Initiate El Initiate El Verify transactions initiated by others 0 Verify transactions initiated by others Name: Bridgett Arnold Name: Yvette Montalvo-Baron. Title: Authorized Agent Title: Authorized Agent Phone: 415-765-1867 Phone: 443-,765-7371 Facsimile: 415-765-7373 Facsimile: 415-,765-7373 E-mail: B,ridgett.arnoldgbaml.com E-mail: Yvette.m.m,ontalvo—baronC&,baml.com Signature: Signature: Fund Transfer/Disbursement Authority Level: Fund Transfer/Disbursement Authority Level: 0 Initiate 0 Initiate 0 Verify transactions initiated by others 0 Verify transactions initiated by others 2020-07-28 Agenda Packet, Page 93 of 711 Name: Eileen.Harwell lame. Title: Authorized Agent Title: Phone: 415-765-189 7 Phone: Facsimile: 41.5-343-0531 Facsimile: E-mail: Eieen.harwell@baml.comE-mail: Signature: Signature: Fund Transfer/Disbursement Authority Level: Fund Transfer/Disbursement Authority Level: El Initiate El Initiate ❑ Verify transactions initiated by others 0 Verify transactions initiated by others The Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the person or persons identified above including without limitation, to initiate and verify funds transfers as indicated. Banc of America Public Capital Corp By: Marne; Title: Date 2020-07-2 Agenda Packet, gage 94 of 711. MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT This Master Equipment Lease/Purchase Agreement (the "Agreement") dated as of July 30, 2020, and entered into by and between Banc of America Public Capital Corp, a Kansas corporation (together with its successors, assigns and transferees, and as more particularly defined herein, "Lessor"), and the City of Chula Vista, a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article XI of the Constitution of the State of California ("Lessee"). WITNES,SETH: WHEREAS, Lessee desires to lease and acquire from Lessor certain Equipment described in each Equipment Schedule (as each such term is defined herein), subject to the terms and conditions of and for the purposes set forth in each Lease-, and WHEREAS, the relationship between the parties shall be a continuing one and items of equipment and other personal property may be financed pursuant to one or more Leases entered into from time to time in accordance with this Agreement by execution and delivery of additional Equipment Schedules by the parties hereto, subject to the terms and conditions provided herein; and WHEREAS, Lessee is authorized under the constitution and laws of the State (as such term is defined herein) to enter into this, Agreement and each Equipment Schedule for the purposes set forth herein and therein; Now, THEREFORE, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, and in consideration of the premises hereinafter contained, the parties hereby agree as follows: ARTICLE I Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Acquisition Amount" means, with respect to each Lease, the amount specified in the related Equipment Schedule and represented by Lessee to be sufficient for the purpose of acquiring and installing the Equipment listed in such Lease. "Acquisition Period" means, with.respect to each Lease for which, an Escrow Account is established, that period identified in the related Equipment Schedule during which the Acquisition Amount attributable to such Lease may be expended on Equipment Costs pursuant to the related Escrow Agreement. MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 95 of 711 "Agreement" means this Master Equipment Lease/Purchase Agreement, including the exhibits hereto, together with any amendments and modifications to this Agreement pursuant to Section 13.04. "Casualty Value" means, with respect to each Lease, the amount that is shown on the Payment Schedule for each Rental Payment Date under the column titled either (i) the Prepayment Price or (ii) the "Casualty Value", if any. "Code" means the Internal Revenue Code of 1986, as amended. Each reference to a Section of the Code in this Agreement and a Lease shall be deemed to include the relevant United States Treasury Regulations proposed or in effect thereunder. "Commencement Date" means, for each Lease, the date when Lessee's obligation to pay rent commences under such Lease, which date shall be the earlier of (a) the date on which the Equipment listed in such Lease is accepted by Lessee in the manner described in Section 5.01, or (b)the date on which the Acquisition Amount is deposited in an Escrow Account for the purpose of acquiring and installing the Equipment listed in such Lease. "Contract Rate" means, with respect to each Lease, the rate identified as such in the related Payment Schedule. "Disbursement Request" means, with respect to each Lease for which an Escrow Account is established, the disbursement request attached to the applicable Escrow Agreement as Schedule I and made a part thereof. "Equipment 11 means, with respect to each Lease, the property listed in the related Equipment Schedule and all replacements, repairs, restorations, modifications and improvements thereof or thereto made pursuant to Article V or Section 8.01. Whenever reference is made in this Agreement to Equipment listed in a Lease, such reference shall be deemed to include all such replacements, repairs, restorations, modifications and improvements of or to such Equipment. "Equipment Costs ly means, with respect to each Lease, the total cost of the Equipment listed in the related Equipment Schedule, including related soft costs such as freight, installation and taxes and other capitalizable costs, legal fees, financing costs and other costs necessary to vest full, clear legal title to the Equipment in Lessee, subject to the security interest granted to and retained by Lessor as set forth in each Lease, and other costs incurred in connection with the acquisition, installation and/or financing of the Equipment as provided in the related Lease-, provided that (a) any such soft costs on a cumulative basis shall not exceed a percentage approved by Lessor of the total cost of the Equipment subject to such Lease and (b) in no event shall capitalizable delivery costs, installation charges, taxes and similar capitalizable soft costs relating to such Equipment be included without Lessor's prior consent. 2 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 96 of 711 "Equipment Schedule 91 means each separately numbered Equipment Schedule, substantially in the form of either Exhibit A-] (general. Equipment) or Exhibit A-2 (energy services Equipment) hereto, together with the related Payment Schedule. "Escrow account" means, with respect to any Lease, the account established and held by the Escrow Agent pursuant to the related Escrow Agreement. "Escrow Agent" means, with respect to each Lease for which an Escrow Account is established, the Escrow Agent identified in the related Escrow Agreement, and its successors and assigns. "Escrow Agreement" means, with respect to each Lease for which an Escrow Account is established, an Escrow and Account Control Agreement in form and substance acceptable to and executed by Lessee, Lessor and the Escrow Agent, pursuant to which an Escrow Account is established and administered. "Event ofDefault"means an Event of Default described in Section 12.0 1. 'Event of Non-appropriation'" means, with respect to a Lease, the failure of Lessee's City Council to appropriate or otherwise make available funds to pay Rental Payments under such Lease following the Original Term or then current Renewal Term sufficient for the continued performance of such Lease by Lessee. "Lease" means an Equipment Schedule and the terms and provisions of this Agreement which are incorporated by reference into such Equipment Schedule. ",ease Term IY means, with respect to each Lease, the Original Term and all Renewal Terms provided in the related Equipment Schedule. "Lessee"means the entity referred to as, Lessee in the first paragraph of this Agreement. "Lessor" means (a) the entity referred to as Lessor in the first paragraph of this Agreement and its successors or (b) any assignee or transferee pursuant to Section 11.01 of any right, title or interest of Lessor in and to the Equipment under the applicable Lease (including the Rental Payments and other amounts due thereunder), any related Escrow Agreement and Escrow Account, but does not include any entity solely by reason of that entity retaining or assuming any obligation of Lessor to perform hereunder or under such Lease. "Material Adverse Change" means (a) any change in Lessee's creditworthiness that could have a material adverse effect on (i) the financial condition or operations of Lessee, or (ii) Lessee's ability to perform its obligations under this Agreement or any Lease or (b) a downgrade in Lessee's external debt rating from the date of this Agreement of two or more subgrades 'by either Moody's Investors Service, Inc. or S&P Global Ratings or any equivalent successor credit rating agency, or any downgrade by either such agency that would cause Lessee's credit rating to be below investment grade, or, if any such rating agency no longer 3 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 97 of 711 publishes such ratings at the date of determination, any other nationally recognized statistical rating organization that is selected by Lessee for purposes of such long-term general obligation bond ratings and long-term general fund related bond ratings. "Original Term" means, with respect to each Lease, the period from the Commencement Date identified in the related Equipment Schedule until the end of the fiscal year of Lessee in effect at such Commencement Date. "Outstanding Balance" means, with respect to each Lease, the amount that is shown for each Rental Payment Date under the column titled "Outstanding Balance" on the Payment Schedule. "Payment Schedule" means, with respect to each Lease, the Payment Schedule attached to and made a part of the related Equipment Schedule and substantially in the form ofExhibit B attached to this Agreement. "Prepayment Price" means, with respect to each Lease, the amount that is shown for each Rental Payment Date under the column titled"Prepayment Price" on the Payment Schedule. "Principal Portion 11 means, with respect to each Lease, the amount that is shown for each Rental Payment Date under the column titled"Principal Portion" on the Payment Schedule. "Related Documents" means, with respect to each Lease, the Lease, this Agreement and, if applicable, the related Escrow Agreement, each as may be amended and supplemented. "Renewal Terms 1) means, with respect to each Lease, the consecutive renewal terms of such Lease as specified in the related Equipment Schedule, the first of which commences immediately after the end of the Original Term and each having a duration and a term coextensive with each successive fiscal year of Lessee; provided that the final such Renewal Term shall commence on the first day of the last such fiscal year and end on the first business day after the last scheduled Rental Payment Date. "Rental Payment Date 1Y means, with respect to each Lease, each date on which Lessee is required to make a Rental Payment under such Lease as specified in the related Payment Schedule. C'R en ta I Paym en ts 11 means, with respect to each Lease, the basic rental payments payable by Lessee on the Rental Payment Dates and in the amounts as specified in the related Payment Schedule, consisting of a principal component and an interest component, and in all cases sufficient to repay the principal component under such Lease and interest thereon at the applicable Contract Rate or Taxable Rate if then in effect). "SEC' means the U.S. Securities and Exchange Commission. 4 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 98 of 711 orate YY means the State of California. "Taxable Rate" means, with respect to each Lease, for each day that the interest component of Rental Payments is taxable for Federal income tax purposes, an interest rate equal to the Contract Rate plus a rate sufficient such that the total interest to be paid on any Rental Payment Date would, after such interest was reduced by the amount of any Federal, state or local income tax (including any interest, penalties or additions to tax) actually imposed thereon, equal the amount of interest otherwise due to Lessor. vendor" m means the manufacturer, installer or supplier of the Equipment listed in an Equipment Schedule or any other person as well as the agents or dealers of the manufacturer, installer or supplier with whom Lessee arranged Lessee's acquisition, installation, maintenance and/or servicing of the Equipment pursuant to the applicable Lease. "Vendor Agreement"'means any contract entered into by Lessee and any Vendor for the acquisition, installation, maintenance and/or servicing of the Equipment under a Lease. ARTICLE 11 Section 2.01. Representations and Covenants ofLesseye. Lessee represents, covenants and warrants for the benefit of Lessor on the date hereof and as of the Commencement Date of each Lease as follows: (a) Lessee is a political subdivision of the State within the meaning of Section 103(c) of the Code, duly organized and existing under the constitution and laws of the State, with full power and authority to enter into the Related Documents and the transactions contemplated thereby and to perform all of its obligations thereunder. (b) Lessee has duly authorized the execution and delivery of the Related Documents by proper action of its City Council at a meeting duly called, regularly convened and attended throughout by the requisite quorum of the members thereof, or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of the Related Documents. (c) No event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the date hereof. No I Event of Non-appropriation has occurred or is threatened with respect to any Lease. (d) Lessee will do or cause to be done all things necessary to preserve and keep in full force and effect its existence as a a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article X1 of the Constitution of the State. 5 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 99 of 711 (e) Lessee has complied with such procurement and public bidding requirements as may be applicable t® the Related Documents and the acquisition and installation by Lessee of the Equipment as provided in each Lease. (f) During the Lease Term under each Lease, the Equipment will be used by Lessee only for the purpose of performing essential governmental or proprietary functions of Lessee consistent with the permissible scope of Lessee's authority. Lessee does not intend to sell or otherwise dispose of the Equipment or any interest therein prior to the last Rental Payment (including all Renewal Terms) scheduled to be paid under the related Lease. (g) Lessee has kept, and throughout the Lease Term of each Lease shall keep, its books and records in accordance with generally accepted accounting principles and practices consistently applied, and shall deliver to Lessor (i) annual audited financial statements (including (1) a balance sheet, (2) statement of revenues, expenses and changes in fund balances for budget and actual, (3) statement of cash flows, and (4) footnotes, schedules and attachments to the financial statements) within two hundred seventy (270) days after the end of its fiscal year, (ii) such other financial statements and information as Lessor may reasonably request, and (iii) upon Lessor's request, its annual budget for any prior or current fiscal year or for the following fiscal year when approved but not later than thirty (3 0) days prior to the end of its current fiscal year. The financial statements described in this subsection (g (i shall be accompanied by an unqualified opinion of Lessee's independent auditor. Credit information relating to Lessee may be disseminated among Lessor and any of its affiliates and any of their respective successors and assigns. (h) Lessee has an immediate need for the Equipment listed on each Equipment Schedule and expects to make immediate use of the Equipment listed on each Equipment Schedule. Lessee's need for the Equipment is not temporary and Lessee does not expect the need for any item of the Equipment to diminish during the related Lease Term. (i) The payment of the Rental Payments or any portion thereof is not (under the terms of any Lease or any underlying arrangement) directly or indirectly (x) secured by any interest in property used or to be used in any activity carried on by any person other than a state or local governmental unit or payments in respect of such property; or (y) on a present value basis, derived from payments (whether or not to Lessee) in respect of property, or borrowed money, used or to be used in any activity carried on by any person other than a state or local governmental unit. The Equipment will not be used, directly or indirectly, in any activity carried on by any person other than a state or local governmental unit. No portion of the Acquisition Amount relating to any Lease will be used, directly or indirectly, to make or finance loans to any person other than Lessee. Lessee has not entered into any management or other service contract with respect to the use and operation of the Equipment. 6 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 100 of 711 There is no pending litigation, tax claim, proceeding or dispute that may adversely affect Lessee's financial condition or impairs its ability to perform its obligations under the Related Documents. Lessee will, at its expense, maintain its legal existence and do any further act and execute, acknowledge, deliver, file, register and record any further documents Lessor may reasonably request in order to protect Lessor's first priority security interest in the Equipment and the Escrow Account and Lessor's rights and benefits under each Lease and related Escrow Agreement. (k) Lessee is the fee owner of the real estate where the Equipment under each Lease is and will be located (the "Real Property") and has good and marketable title thereto, and there exists no mortgage, pledge, lien, security interest,, charge or other encumbrance of any nature whatsoever on or with respect to such Real Property. (1) No lease, rental agreement, lease-purchase agreement, payment agreement or contract for purchase to which Lessee has been a party at any time has been terminated by Lessee as a result of insufficient funds being appropriated in any fiscal year. No event has occurred which would constitute an event of default under any debt, revenue bond or obligation which Lessee has issued during the past ten (I O�) years. (m) In connection with the Lessee's compliance with any continuing disclosure undertakings (each, a "Continuing Disclosure Agreement") entered into by the Lessee pursuant to SEC Rule 15c2-12 promulgated pursuant to the Securities and Exchange Act of 1934, as amended (the "Rule"), the Lessee may be required to file with the Municipal Securities Rulemaking Board's Electronic Municipal Market Access system, or its successor ("..PMMA"), notice of its incurrence of its obligations under the Related Documents and notice of any accommodation, waiver, amendment, modification of terms or other similar events reflecting financial difficulties in connection with the Related Documents, in each case including posting a full copy thereof or a description of the material terms thereof(each such posting, an "EMMA Posting"). Except to the extent required by applicable law, including the Rule, the Lessee shall not file or submit or permit the filing or submission of any El' MA Posting that includes the following unredacted confidential information about the Lessor or its affiliates and any Escrow Agent in any portion of such EMMA Posting: address and account information of the Lessor or its affiliates and any Escrow Agent; e-mail addresses telephone numbers, fax numbers, names and signatures of officers, employees and signatories of the Lessor or its affiliates and any Escrow Agent; and the form of Disbursement Request that is attached to the Escrow Agreement. The Lessee acknowledges and agrees that the Lessor and its affiliates are not responsible for the Lessee's or any other entity's (including, but not limited to, any broker-dealer's) comphance or noncompliance (or any claims, losses or liabilities arising therefrom) with the Rule, any Continuing Disclosure Agreement or any applicable securities or other laws, including but not limited to those relating to the Rule. 7 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 101 of711 ARTICLE III Section 3.01. Lease oVLquipment. Subject to the terms and conditions of this Agreement, Lessor agrees to provide the funds specified in each Lease to be provided by it for Lessee to acquire the Equipment described in the related Equipment Schedule. Upon the execution and delivery of each Lease, Lessor thereby demises, leases and transfers to Lessee, and Lessee thereby acquires, rents and leases from Lessor, the Equipment as set forth in such Lease and in accordance with the terms thereof. The Lease! Term for each Lease may be continued, solely at the option of Lessee, at the end of the Original Term or any Renewal Term for the next succeeding Renewal Term up to the maximum Lease Term set forth in such Lease. At the end of the Original Term and at the end of each Renewal Term until the maximum Lease! Term has been completed, Lessee shall be deemed to have exercised its option to continue each Lease for the next Renewal Term unless Lessee shall have terminated such Lease pursuant to Section 3.03 or Section 10.01 of this Agreement. The terms and conditions during any Renewal Term shall be the same as the terms, and conditions during the Original Term, except that the Rental Payments shall be as provided in the applicable Lease. Each Equipment Schedule signed and delivered by Lessor and Lessee pursuant to this Agreement shall constitute a separate and independent lease and installment purchase of the Equipment therein described. Section 3.02. Continuation qf'Lease Term. Lessee intends, subject to Section 3.03 hereof, to continue the Lease Term of each Lease through the Original Term and all Renewal Terms and to pay the Rental Payments due thereunder. Lessee affirms that sufficient funds are legally available for the current fiscal year, and Lessee reasonably believes that an amount sufficient to make all Rental Payments during the entire Lease Term of each Lease can be obtained from legally available funds of Lessee. Lessee further intends to do all things lawfully within its power to obtain and maintain funds sufficient and available to discharge its obligation to make Rental Payments, due under each Lease, including making provision for such payments to the extent necessary in each budget or appropriation request submitted and adopted in accordance with applicable provisions of law. Notwithstanding the foregoing, the decision whether or not to budget and appropriate funds or to extend the Lease Term for any Renewal Term for each Lease is within the sole discretion of the City Council of Lessee. Section 3.03. Non-appropriation. Lessee is obligated only to pay such Rental Payments under each Lease as may lawfully be made during Lessee's then current fiscal year from funds budgeted and appropriated for that purpose. Should Lessee fail to budget, appropriate or otherwise make available funds to pay Rental Payments under any Lease following the then current Original Term or Renewal Term, such Lease or Leases shall be deemed terminated at the end of the then current Original Term or Renewal Term thereunder. Lessee agrees to deliver notice to Lessor of such termination promptly after any decision to non-appropriate is made, but failure to give such notice shall not extend the term beyond such Original Term or Renewal Term. If any Lease is terminated in accordance with this Section 3.03, Lessee agrees to cease use of the Equipment thereunder and peaceably remove and deliver to Lessor, at Lessee's sole expense (from legally available funds), such Equipment to Lessor at the location(s) to be specified by Lessor on or before the end of the applicable Original Term or Renewal Term for which Rental Payments have been appropriated for the applicable Lease (each, a "Non- 8 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 102 of 711 Appropriation Return Date"). Lessor may take whatever action at law or in equity as may be necessary or desirable to enforce Lessee's obligations in the immediately preceding sentence. Without limiting or reducing in any way Lessee's obligations in the second preceding sentence or Lessor's rights in the immediately preceding sentence, if the Lessee fails to return the Equipment to Lessor on or before the applicable Non-Appropriation Return Date pursuant tothis Section 3.03, Lessee shall pay month-to-month rent at the Contract Rate (or the Taxable Rate if then in effect) set forth in the affected Lease for each month or part thereof that Lessee fails to return the Equipment thereunder pursuant to this Section 3.03. Section 3.04. Conditions to Lessor"s Performance. (a) As a prerequisite to the performance by Lessor of any of its obligations pursuant to any Lease, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, the following: (i) A fully completed Equipment Schedule, executed by Lessee; (ii) If an Escrow Account is to be established with respect to such Lease, an Escrow Agreement substantially in the form attached hereto as Exhibit I, satisfactory to Lessor and executed by Lessee and the Escrow Agent; (iii) A certified copy of a resolution, ordinance or other official action of Lessee's City Council, substantially in the form attached hereto as Exhibit GIA or Exhibit GIB, as applicable, authorizing the execution and delivery of this Agreement and the applicable Lease and related Escrow Agreement, if any, entered into pursuant hereto and performance by Lessee of its obligations under this, Agreement and the applicable Lease and related Escrow Agreement, if any, entered into pursuant hereto,* (iv) A Certificate completed and executed by the Clerk or Secretary or other comparable officer of Lessee, substantially in the form attached hereto as Exhibit C-2A or Exhibit C-2B, as applicable, completed tothe satisfaction of Lessor; (v) An opinion of counsel to Lessee, substantially in the form attached hereto as Exhibit D, and otherwise satisfactory to Lessor; (vi) Evidence of insurance as required by Section 7.02 hereof; (vii) All documents, including financing statements, affidavits, notices and similar instruments, which Lessor deems necessary or appropriate at that time pursuant to Section 6.02 hereof-, (viii) A waiver or waivers of interest in the Equipment from any mortgagee or any other party having an interest in the real estate on which the Equipment will be located and/or landlord of the real estate on which the Equipment will be located; (ix) Reserved-, 9 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 103 of 711 (x) A copy of the Form 8038-G with respect to the Lease then being entered into,, fully completed and executed by Lessee; (xi) In the event that Lessee is to be reimbursed for expenditures that it has paid more than sixty(60) days prior to the Commencement Date for the Lease then being entered into, evidence of the adoption of a reimbursement resolution or other official action covering the reimbursement from tax exempt proceeds of expenditures incurred not more than sixty(60) days prior to the date of such resolution; (xii) If any items of Equipment are motor vehicles, properly completed certificates of title or certificates of origin (or applications therefor) for such vehicles with Lessor's interest noted thereon in accordance with the instructions of Lessor; (xiii) Copies of invoices an proofs of payment of such invoices, if Lessee seeks reimbursement) and bills of sale (if title to Equipment has passed to Lessee), to the extent required by Section 5.01(b) hereof-, (xiv Wire instructions for payments to be made to Vendors and Form W-9 from each such Vendor; and (xvw Such other items, as are set forth in the related Equipment Schedule or are reasonably required by Lessor. (b) In addition to satisfaction of the conditions set forth in subsection (a) of this Section 3.04, the performance by Lessor of any of its obligations under the Related Documents shall be subject to: (i) no Material Adverse Change having occurred since the date of this Agreement, (ii) no Event of Default having occurred and then be continuing under any Lease then in effect, (iii) no Event of Non-appropriation under any Lease then in effect having occurred or being threatened, and (iv) no Lease having been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation. (c) Subject ect to satisfaction of the foregoing, (i) Lessor will ay the Acquisition Amount J P for Equipment described in an Equipment Schedule to the Vendor or reimburse Lessee for its prior expenditures with respect to such Equipment (subject to satisfaction of Section 3.04(a (xi) hereof), upon receipt of the documents, described in Sections 5.01(a and (b) hereof; or (ii) if an Escrow Account is being established with respect to the related Lease, Lessor will deposit the Acquisition Amount for Equipment described in the applicable Equipment Schedule with the Escrow Agent to be held and disbursed pursuant to the related Escrow Agreement. (d) This Agreement is not a commitment by Lessor or Lessee to enter into any Lease not currently in existence, and nothing in this Agreement shall be construed to impose any obligation upon Lessor or Lessee to enter into any proposed Lease, it being understood that whether Lessor or Lessee enters into any proposed Lease shall be a decision solely within their respective discretion. 10 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 104 of 711 (e) Lessee will cooperate with Lessor in Lessor's review of any proposed Lease. Without limiting the foregoing, Lessee will provide! Lessor with any documentation or information Lessor may request in connection with Lessor"s review of any proposed Lease. Such documentation may include, without limitation, documentation concerning the Equipment and its contemplated use and location and documentation or information concerning the financial status of Lessee and other matters related to Lessee. (f) In the event of any conflict in terms between an Equipment Schedule and this Agreement, the terms of the Equipment Schedule shall control in the interpretation of the Lease created thereby. ARTICLE IV Section 4.01. Rental Payments. Subject to Section 3.03 of this Agreement, Lessee shall promptly pay Rental Payments, in lawful money of the United States of America, to Lessor on the Rental Payment Dates, and in such amounts as provided in each Lease. If any Rental Payment or other amount payable hereunder is not paid within ten (10) days of its due date,. Lessee shall pay an administrative late charge of five percent (5%) of the amount not timely paid or the maximum amount permitted by law, whichever is less. Lessee shall not permit the Federal Government to guarantee any Rental Payments under any Lease. Rental Payments consist of principal and interest components as more fully detailed on the Payment Schedule for each Lease, the interest on which begins to accrue as of the Commencement Date for each such Lease. Section 4.02. Interest and Principal Components. A portion of each Rental Payment is paid as, and represents, payment of, interest, and the balance of each Rental Payment is paid as, and represents payment of, principal. Each Lease shall set forth the principal and interest components of each Rental Payment payable thereunder during the applicable Lease Term. Section 4.03. Rental Payments to Constitute a Current Expense of Lessee. Lessor and Lessee understand and intend that the obligation of Lessee to pay Rental Payments under each Lease shall constitute a current expense of Lessee payable solely from its general fund or other funds that are legally available for that purpose and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor shall anything contained in this Agreement or in any Lease constitute a pledge of the general tax revenues, funds or moneys of Lessee. Section 4.04. Rental Payments to be Unconditional. Except as provided in Section 3.03 of this Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in each Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment, disputes with the Lessor or the Vendor of any Equipment, any defects, malfunctions, breakdowns or it in the Equipment or any accident, condemnation or unforeseen circumstances or failure of any Vendor to deliver any Equipment or otherwise perform any of its obligations for whatever reason, MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 105 of 711 including bankruptcy, insolvency, reorganization or any similar event with respect to any Vendor. Section 4.05 Tax Covenants. Lessee agrees that it will not take any action that would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for Federal income tax purposes, nor will it omit to take or cause to be taken, in a timely manner,, any action, which omission would cause the interest component of Rental Payments to be or to become ineligible for the exclusion from gross income of the owner or owners thereof for Federal income tax purposes. In connection with the foregoing, Lessee hereby agrees that (a) so long as any Rental Payments under a Lease remain unpaid, moneys on deposit in the Escrow Account under any Escrow Agreement related to such Lease shall not be used in a manner that will cause such Lease to be classified as an "arbitrage bond" within the meaning of Section 148(a) of the Code; and (b) Lessee shall rebate, from funds legally available for the purpose, an amount equal to excess earnings on the Escrow Account under any Escrow Agreement to the Federal Government if required by, and in accordance with, Section 148(f) of the Code, and make the determinations and maintain the records required by the Code. Section 4.06. Event of Taxability. Upon the occurrence of an Event of Taxability with respect to a Lease, the interest component of Rental Payments under such Lease and any charge on Rental Payments or other amounts payable based on the Contract Rate shall have accrued and be payable at the Taxable Rate applicable to such Lease retroactive to the date as of which the interest component is determined by the Internal Revenue Service to be includible in the gross income of the owner or owners thereof for Federal income tax purposes (which retroactive date for such Lease shall be the earliest date as of which the interest component of any Rental Payment for such Lease is deemed includible in the gross income of the owner or owners thereof for Federal, income tax purposes, which may be earlier than the date of delivery of such determination by the Internal Revenue Service), and Lessee will pay such additional amount as will result in the owner receiving the interest component at the Taxable Rate identified in the related Lease. For purposes of this Section, "Event of'Taxability" means the circumstance of the interest component of any Rental Payment paid or payable pursuant to a Lease becoming includible for Federal income tax purposes in an owner's gross income as a consequence of any act, omission or event whatsoever, including but not limited to the matters described in the immediately succeeding sentence, and regardless of whether the same was within or beyond the control of Lessee. An Event of Taxability shall be presumed to have occurred upon (a) the receipt by Lessor or Lessee of an original or a copy of an Internal Revenue Service Technical Advice Me orandurn or Statutory Notice of Deficiency or other written correspondence which legally holds that the interest component of any Rental Payment under such Lease is includable in the gross income of the owner thereof-, (b) the issuance of any public or private ruling of the Internal Revenue Service that the interest component of any Rental. Payment under such Lease is includable in the gross income of the owner thereof; or (caw receipt by Lessor or Lessee of a written opinion of a nationally recognized firm of attorneys experienced in matters pertaining to the tax-exempt status of interest on obligations issued by states and their political subdivisions, 12 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 106 of 711 selected by Lessor and acceptable to Lessee, to the effect that the interest component of any Rental Payment under a Lease has become includable in the gross income of the owner thereof for Federal income tax purposes. For all purposes of this definition, an Event of Taxability shall be deemed to occur on the date as of which the interest component of any Rental Payment is deemed includable in the gross income of the owner thereof for Federal income tax purposes. Section 4.07. Mandatory Prepayment. If the Acquisition Amount for a Lease is deposited into an Escrow Account, any funds not applied to Equipment Costs and remaining in such Escrow Account on the earlier of(a), the expiration of the applicable Acquisition Period, (b) the date on which Lessee delivers to the Lessor the executed Disbursement Request to effect the final disbursement to pay or reimburse) Equipment Costs from such Escrow Account or (c) a termination of the Escrow Account as provided in the Escrow Agreement shall be applied by Lessor on each successive Rental Payment Date thereafter to pay all or a portion of the Rental Payment due and owing in the succeeding twelve (12) months and any remaining amounts shall be applied by Lessor as prepayment to the applicable unpaid Principal Portion of Rental Payments owing under the related Lease in the inverse order of the Rental Payment Dates. ARTICLE V Section 5.01. Acquisition, Delivery Installation and Acceptance cif Equipment. (a) With respect to each Lease, Lessee shall order the Equipment to be acquired and financed thereunder, cause the Equipment to be delivered and installed at the location specified in such Lease and pay any and all delivery and installation costs and other Equipment Costs in connection therewith. When the Equipment listed in a Lease has been delivered and installed, Lessee shall promptly accept such Equipment and evidence said acceptance by executing and delivering to Lessor a Final Acceptance Certificate in the form attached hereto as Exhibit E;provided, however, that if an Escrow Account has been established with respect to such Lease as provided in Section 3.04 hereof, Lessee shall execute and deliver Disbursement Requests to the Lessor pursuant to the related Escrow Agreement for the purpose of effecting disbursements from the Escrow Account to pay or reimburse) Equipment Costs for the Equipment so acquired and installed pursuant to such Lease. In connection with the execution and delivery by Lessee to Lessor of the final Disbursement Request under the applicable Escrow Agreement for a Lease, Lessee shall deliver to Lessor a"Final Acceptance Certificate" in the form attached hereto as Exhibit E. (b) (i) With respect to a Lease entered into without an Escrow Agreement, Lessee shall deliver to Lessor copies of invoices (and proof of payment of such invoices if Lessee seeks reimbursement for prior expenditures) and bills of sale if title to such Equipment has passed to Lessee) relating to each item of Equipment accepted by Lessee. Lessee shall execute and deliver to Lessor an Equipment Schedule pursuant to Section 3.04(a)(i) within 5 business days of receipt from Lessor, subject to satisfaction of the conditions set forth in Section 3.04. (ii) With respect to a Lease entered into with an Escrow Agreement, Lessor shall prepare an. Equipment Schedule. In connection with the execution and delivery of the related Escrow Agreement, Lessee shall execute and deliver to Lessor such Equipment Schedule pursuant to Section 3.04(a)(i) within 5 business days of receipt, subject to satisfaction of the 13 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 107 of 711 conditions set forth in Section 3.04. Lessee shall deliver to Lessor together with each Disbursement Request invoices an proof of payment of such invoices if Lessee seeks reimbursement for prior expenditures) and bills of sale or other evidence of title transfer to Lessee relating to each item of Equipment accepted by Lessee as evidenced by such Disbursement Request. Once approved, Lessor shall deliver such Disbursement Request tothe Escrow Agent for disbursement from the Escrow Account in accordance with the Escrow Agreement. Section 5.02. Quiet Enjoyment ofEquipment. So long as no Event of Default exists under the related Lease!, neither Lessor nor any entity claiming by, through or under Lessor, shall interfere with Lessee's quiet use and enjoyment of the Equipment during the Lease Term under such Lease. Section 5.03. Location; Inspection. Once installed, no item of the Equipment will be moved or relocated from the location (or the base location with respect to motor vehicles) specified for it in the related Lease without Lessor's prior written consent, which consent shall not be unreasonably withheld. Lessor shall have the right at all reasonable times during regular business hours to enter into and upon the property where the Equipment is located for the purpose of inspecting the Equipment. Section 5.04. Use and Maintenance cif the Equipment. Lessee shall not install, use, operate or maintain the Equipment or cause the Equipment to be installed, used, operated or maintained) improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by the related Lease. Lessee shall provide all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body, including, without limitation, all anti-money laundering laws and regulations;provided that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the opinion of Lessor, adversely affect the interest of Lessor in and to the Equipment or its interest or rights, under the related Lease. Lessee agrees that it shall maintain, preserve and keep the Equipment in good repair and working order, in a condition comparable to that recommended by the manufacturer. Lessor shall have no responsibility to maintain, repair or make improvements or additions to the Equipment. In all cases, Lessee agrees to pay any costs necessary for the manufacturer to re-certify the Equipment as eligible for manufacturer's maintenance upon the return of the Equipment to Lessor as provided for in Sections 3.03 and 12.02(b) of this Agreement. Lessee shall not alter any item of Equipment or install any accessory, equipment or device on an item of Equipment if that would impair any applicable warranty, the originally intended function or the value of that Equipment. All repairs, parts, accessories, equipment and devices furnished, affixed to or installed on any Equipment, excluding temporary replacements, shall thereupon become subject to the security interest of Lessor. 14 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 108 of 711 ARTICLE VI Section 6.01. Title to the Equipment. During the Lease Term under each Lease, and so long as Lessee is either not in default under Article XII hereof or an Event of Non-appropriation. has not occurred, all right, title and interest in and to each item of the Equipment under the related Lease shall be vested in Lessee immediately upon its acceptance of each item of Equipment, subject to the terms and conditions hereof and under the applicable Lease. Lessee shall at all times protect and defend, at its own cost and expense, its title, and Lessor's first priority security interest, in and to the Equipment (and Lessor's other Collateral as defined in Section 6.02 hereof) from and against all claims, liens and legal processes of its creditors, and keep all Equipment (and such other Collateral) free and clear of all such claims, liens and processes. Upon the occurrence of an Event of Default under a Lease or upon termination of a Lease pursuant to Section 3.03 hereof, full and unencumbered legal title to the Equipment shall, at Lessor's option, pass to Lessor, and Lessee shall have no further interest therein. In addition, upon the occurrence of such an Event of Default or such termination, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of such legal title to Lessor and the termination ofLessee's interest therein, and upon request by Lessor shall deliver possession of the Equipment to Lessor in accordance with Section 3.03 or 12.02 of this Agreement, as applicable. Upon payment of all amounts due and owing under a Lease by Lessee in accordance with Section 10.01 hereof (including upon payment of all Rental Payments and other amounts payable under such Lease), Lessor's security interest or other interest in the Equipment under such Lease shall terminate, and Lessor shall execute and deliver to Lessee such documents as Lessee may request to evidence the termination of Lessor's security interest in the Equipment subject to the related Lease. Section 6.02. Security Interest. As additional security for the payment and performance of all of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee hereby grants to Lessor a first priority security interest constituting a first lien on (a) the Equipment subject to such Lease, (b) moneys and investments held from time to time in any related Escrow Account and (c) any and all proceeds of any of the foregoing, including, without limitation, insurance proceeds (collectively, the "Collateral"). Upon the execution of each Lease, Lessee authorizes Lessor to file (and Lessee agrees to execute, if applicable) such notices of assignment, chattel mortgages, financing statements, and other documents, in for satisfactory to Lessor, which Lessor deems necessary or appropriate to establish and maintain Lessor's security interest in the Collateral, including, without limitation, such financing statements with respect to personal property and fixtures under Article 9 of the Uniform Commercial, Code in effect in the State and treating such Article 9 as applicable to entities such as Lessee. Section 6.03. Personal Property; No Encumbrances. Lessee agrees that the Equipment is deemed to be and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it maybe situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to real estate or any building thereon. Lessee shall not create, incur, assume or permit to exist any mortgage, pledge, lien, security interest, charge or other encumbrance of any nature whatsoever on any of the real estate where the Equipment under a Lease is or will be located or enter into any 15 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 109 of 711 agreement to sell or assign or enter into any sale/leaseback arrangement of such real estate without the prior written consent of Lessor; provided, that if Lessor or its assigns is furnished with a waiver of interest in the Equipment under such Lease acceptable to Lessor or its assigns in their respective discretion from any party taking an interest in any such real estate prior to such interest taking effect, such consent shall not be unreasonably withheld. ARTICLE V11 Section 7.01. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee shall keep the Equipment under each Lease free of all levies, liens, and encumbrances except those created by such Lease. The parties to this Agreement contemplate that the Equipment under each Lease will be used for a governmental or proprietary purpose of Lessee and that the Equipment will therefore be exempt from all property taxes. If the lease, sale, purchase, oAeration, use, possession or acquisition of any Equipment is nevertheless determined to be subject to taxation, Lessee shall pay when due all taxes and governmental charges lawfully assessed or levied against or with respect to such Equipment. Lessee shall pay all utility and other charges incurred in the operation, use and maintenance of the Equipment. Lessee shall pay such taxes, assessments or charges as the same may become due; provided that, with respect to any such taxes, assessments or charges that may lawfully be paid in installments over a period of years, Lessee shall be obligated to pay only such installments as accrue during the Lease Term under the affected Lease. During the Lease Term under each Lease, Lessor will not claim ownership of the Equipment thereunder for the purposes of any tax credits, benefits or deductions with respect to such Equipment. Section 7.02. Insurance. Lessee shall, during the Lease Term under each Lease, maintain or cause to be maintained (a) casualty insurance naming Lessor and its assigns as loss payee and insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State, and any other risks reasonably required by Lessor, in an amount at least equal to the greater of(i) the then applicable Casualty Value of the Equipment under such Lease or (ii) the replacement cost of such Equipment; (b) liability insurance naming Lessor and its assigns as additional insured that protects Lessor from liability for bodily injury and property damage coverage (i) in such coverage amounts as may be required by Lessor for the applicable Equipment or (ii) in such minimum coverage amounts as may be agreed upon between Lessor and Lessee in connection with the execution and delivery of a Lease, and in all events under clauses (a) and (b) issued in form and amount satisfactory to Lessor and by an insurance company that is authorized to do business in the State and having a financial strength rating by A.M. Best Company of "A-" or better; and (c) worker's compensation coverage as required by the laws of the State. Notwithstanding the foregoing, Lessee may self-insure against the risks described in clauses (a) and/or (b) through a government pooling arrangement, self-funded loss reserves, risk retention program or other self-insurance program, in each case with Lessor's prior consent (which Lessor may grant, withhold or deny in its sole discretion) and provided that Lessee has delivered to Lessor such information as Lessor may request with respect to the adequacy of such self-insurance to cover the risks proposed to be self-insured and otherwise in form and substance acceptable to Lessor. In the event Lessee is permitted, at Lessor's sole discretion, to self-insure as provided in this Section 7.02, Lessee shall 16 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 110of 711 provide to Lessor a self-insurance letter in substantially the form attached hereto as Exhibit F. Lessee shall furnish to Lessor evidence of such insurance or self-insurance coverage throughout the Lease Term under each Lease. Lessee shall not cancel or modify such insurance or self-insurance coverage in any way that would affect the interests of Lessor without first giving written notice thereof to Lessor at least thirty (30) days in advance of such cancellation or modification. Section 7.03. Risk ofLoss. Whether or not covered by insurance or self-insurance, Lessee hereby assumes all risk of loss of, or damage to and liability related to injury or damage to any persons or property arising from the Equipment under any Lease from any cause whatsoever, and no such loss of or damageto or liability arising from the Equipment under any Lease shall relieve Lessee of the obligation to make the Rental Payments or to perform any other obligation under any Lease. Whether or not covered by insurance or self-insurance, Lessee hereby agrees to reimburse Lessor (to the fullest extent permitted by applicable law, but only from legally available funds) for any and all liabilities, obligations, losses, costs, claims, taxes or damages suffered or incurred by Lessor, regardless of the cause thereof and all expenses incurred in connection therewith (including, without limitation, counsel fees and expenses, and penalties connected therewith imposed on interest received) arising out of or as a result of(a) entering into this Agreement or any Lease or any of the transactions contemplated hereby or thereby, (b) the ordering, acquisition, ownership, use, operation, condition, purchase, delivery, acceptance, rejection, storage or return of any item of the Equipment under any Lease, (c) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment under any Lease resulting in damage to property or injury to or death to any person, and/or (d) the breach of any covenant of Lessee under or in connection with this Agreement or any Lease or any material misrepresentation provided by Lessee under or in connection with this Agreement or any Lease. The provisions of this Section 7.03 shall continue in full force and effect notwithstanding the full payment of all obligations under any or all Leases, or the termination of the Lease Term under any or all Leases for any reason. Section 7.04. Advances. In the event Lessee shall fail to keep the Equipment in good repair and working order or shall fail to maintain any insurance required by Section 7.02 hereof, Lessor may, but shall be under no obligation to, maintain and repair the Equipment or obtain and maintain any such insurance coverages, as the case may be, and pay the cost thereof. All amounts so advanced by Lessor shall constitute additional rent for the then current Original Term or Renewal, Term under the affected Lease, and Lessee covenants and agrees to pay such amounts so advanced by Lessor with interest thereon from the due date until paid at a rate equal to the Contract Rate (or the Taxable Rate if then in effect)plus five percent (5%) per annum or the maximum amount permitted by law, whichever is less. ARTICLE V111 Section 8.01. Damage, Destruction and Condemnation. If, prior to the termination of the Lease Term under the related Lease, (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty or (b) title to, or the temporary use of, 17 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 111 of711 the Equipment or any part thereof shall be taken under the exercise or threat of the power of eminent domain by any governmental body or by any person, firm or corporation acting pursuant to governmental authority, (i) Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award or sale under threat of condemnation to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment or such part thereof and any balance of the Net Proceeds remaining after such work has been completed shall be paid to Lessee or (ii) Lessee shall exercise its option to prepay the obligations under the affected Lease in accordance with Section 10.01(b) hereof. If Lessee elects to replace any item of the Equipment (the "Replaced Equipment pursuant to this Section 8.01, the replacement equipment (the "Replacement Equipment") shall be new or of a quality type, utility and condition at least as good as the Replaced Equipment and shall be of equal or greater value than the Replaced Equipment as determined and approved by Lessor in its sole discretion. Lessee shall grant to Lessor a first priority security interest in any such Replacement Equipment. Lessee shall represent, warrant and covenant to Lessor that each item of Replacement Equipment is free and clear of all claims, liens, security interests and encumbrances, excepting only those liens created by or through Lessor, and shall provide to Lessor any and all documents as Lessor may reasonably request in connection with the replacement, including, but not limited to, documentation in form and substance satisfactory to Lessor evidencing Lessor's security interest in the Replacement Equipment. Lessor and Lessee hereby acknowledge and agree that any Replacement Equipment acquired pursuant to this paragraph shall constitute "Equipment" for purposes of this Agreement and the related Lease. Lessee shall complete the documentation of Replacement Equipment on or before the next Rental Payment Date after the occurrence of a casualty event, or be required to prepay the obligations under the related Lease with respect to the damaged Equipment for an amount that shall be determined and approved by Lessor in its sole discretion. For purposes of this Article VIII, the term "Net Proceeds" shall mean the amount remaining from the gross proceeds of any insurance claim or condemnation award or sale under threat of condemnation after deducting all expenses, including attorneys' fees, incurred in the collection thereof. Section 8.02. Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in Section 8.01, Lessee shall either (a) complete such replacement,, repair, restoration, modification or improvement and pay any costs thereof in excess, of the amount of the Net Proceeds,, or (b) pay or cause to be paid to Lessor the amount of the then applicable Casualty Value under the related Lease plus all other amounts then owing thereunder, and, upon such payment, the applicable Lease Term shall terminate and Lessor"s security interest in the Equipment shall, terminate as provided in Section 6.01 hereof. The amount of the Net Proceeds remaining, if any, after completing such repair, restoration, modification or improvement or after paying such Casualty Value for such Lease plus all other amounts then owing thereunder shall, be retained by Lessee. If Lessee shall make any payments pursuant to this Section 8.02, Lessee shall not be entitled to any reimbursement therefor from Lessor nor shall Lessee be entitled to any diminution of the amounts payable under Article IV. 18 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 112 of 711 ARTICLE IX Section .9.01. Disclaimer of Warranties. Lessor makes no warranty or representation, either express or implied, as to the value, design, condition, merchantability or fitness for particular purpose or fitness for use of any of the Equipment under each Lease, or any other warranty or representation, express or implied, with respect thereto and, as to Lessor, Lessee's acquisition of the Equipment under each Lease shall be on an "as is" basis. In no event shall Lessor be liable for any incidental, indirect, special or consequential damage in connection with or arising out of this Agreement, any Lease, any Equipment or the existence, furnishing, functioning or Lessee's use of any item, product or service provided for in this Agreement or any Lease. Section 9.02. Vendor Agreements; Warranties. Lessee covenants that it shall not in any material respect amend, modify, rescind or alter any Vendor Agreement for any Lease without the prior written consent of Lessor. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term under each Lease, so long as Lessee shall not be in default under such Lease, to assert from time to time whatever claims and rights (including without limitation warranties,) relating to the Equipment that Lessor may have against a Vendor. Lessee's sole remedy for the breach of such warranty, indemnification or representation shall be against the applicable Vendor of the Equipment and not against Lessor. Any such matter shall not have any effect whatsoever on the rights and obligations of Lessor with respect to any Lease, including the right to receive full and timely Rental Payments and other payments under each Lease. Lessee expressly acknowledges that Lessor makes, and has made, no representations or warranties whatsoever as to the existence or the availability of such warranties, relating to any of the Equipment under each Lease. ARTICLE X Section 10.01. Prepayment; Payment in Full. (a) Prepayment. Lessee shall, have the option to prepay or satisfy all, but not less than all, of its obligations under a Lease, at the following times and upon the following terms: (i) Optional Prepayment. From and after the date specified (if any) in the applicable Payment Schedule (the "Prepayment Option Commencement Date"), on the Rental Payment Dates specified in. such Payment Schedule, upon not less than thirty (3 o) days prior written notice, and upon payment in full of the sum of all Rental Payments then due under the related Lease plus the then applicable Prepayment Price, which may include a prepayment premium, on the unpaid Outstanding Balance as set forth in such Payment Schedule plus all other amounts then owing thereunder; or (ii) Casualty or Condemnation Prepayment. In the event of substantial damage to or destruction or condemnation of substantially all of the Equipment listed in a Lease, on the day specified in Lessee's notice to Lessor of its exercise of the prepayment 19 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 113 of 711 option (which shall be the earlier of the next Rental Payment Date or sixty (60) days after the casualty event) upon payment in full to Lessor of (A) in the event such prepayment occurs on a Rental Payment Date, the sum of(i) all Rental Payments then due under such applicable Casualty Value for such Lease acs (iii) all other Lease p (ii) the then app y amounts then owing thereunder OR, (B) in the event such prepayment for such Lease occurs on a date other than a Rental Payment Date, the sum of(i), the applicable Casualty Value shown on the Payment Schedule for such Lease for the Rental Payment Date immediately preceding the applicable date of such prepayment r if the date of such prepayment occurs prior to the first Rental Payment Date for such Lease, the earliest Casualty Value shown on the related Payment Schedule)plus (ii) accrued interest at the Contract Rate (car the Taxable Rate if then in effect) on the Outstanding Balance as of the Rental Payment Date immediately ately preceding the applicable date of such prepayment from such Rental Payment Date (ter if the date of such prepayment occurs prior to the first Rental Payment Bate, the Commencement Date for such Lease) to the date of such. prepaymentplus (iii) all other amounts then Owing thereunder, (b) Payment Fu Upon the expiration of the Lease Term under a Lease, the payment in full of all Rental. Payments then due and all other amounts thenowing under such Lease by Lessee to Lessor. (c) Lsecurity interests in and to the related Equipment under such Lease will be terminated and Lessee will own such Equipment free and clear of Lessor's security interest in such Equipment after either (i) payment of either (A) the applicable Prepayment Price and all ether amounts than owing under a Lease in accordance with Section 1+ .01(a)(i) of this Agreement or (B) the applicable Casualty value and all other amounts then awing under a Lease in accordance with Section 1 0. 1(a)(ii) of this Agreement or (ii) upon the expiration of the Lease Tera. of a Lease and payment in full of all Rental Payments then due and all other amounts then owing thereunder in accordance with Section 10.01(b) of this Agreement. ARTICLE X1 Section .1.1.0 1. Assignment by Lessor. (a) Lessor's right, title and interest in and to the Rental Payments and any other amounts payable by Lessee under any and all of the Leases and the Escrow Agreement relating to any Lease, its security interest in the Equipment subject to the related. Lease and in any related Escrow Account, and all proceeds therefrom (collectively, with respect to each Lease and related Escrow Agreement, the "Related assigned Rights"), may be assigned and reassigned by Lessor at any time, in whole or in part, to one or more assignees or sub-assignees without the necessity of obtaining the consent of Lessee; provided, that any such assignment, transfer or conveyance (i) shall be made only to investors each of whom Lessor reasonably believes is a "qualified institutional buyer 11 as defined in Rule 144A(a)(1 promulgated under the Securities Act of 133, as amended., or an "accredited investor" as defined in Section 501(a)(1), (2), (3) or (7) of Regulation D promulgated under the Securities Act of 1933, as amended, and in either case is purchasing the Related Assigned Rights is (car any interest therein) for its own account with no present intention to resell or distribute such Related Assigned Rights (or interest therein, subject to each investor's right at any time to dispose of the 2 MELPA BAPCC January 2020 2020-07-2 Agenda Packet, Page 11.4 of 711. Related Assigned Rights (or any interest therein) as it determines to be in its best interests, (ii) shall not result in more than 35 owners of the Related Assigned Rights with respect to a Lease or the creation of any interest in the Related Assigned Rights with respect to a Lease in an aggregate principal component that is less than $100,000 and (iii) shall not require Lessee to make Rental Payments, to send notices or otherwise to deal with respect to matters arising under the Related. . ssigned. Rights with respect to a Lease with or to more than one Lease Servicer as such to is defined below), and any trust agreement, participation agreement or custodial agreement under which multiple ownership interests inthe Related Assigned Rights with respect to a Lease are created shall provide the method by which the owners of such interests shall establish the rights and duties of a single entity, trustee, owner, servicer or other fiduciary or agent acting on behalf of all of the assignees (herein referred to as the "Lease Servicer") to act on their behalf with respect to the Related Assigned Rights with respect to a Lease, including with respect to the exercise of rights and remedies of Lessor on behalf of such owners upon the occurrence of an Event of Default or an Event of Non appropriation under the related Lease. Lessor and Lessee hereby acknowledge and agree that the restrictions and limitations on transfer as provided in this Section 11.01 shall apply to the first and subsequent assignees and sub-assignees of any of the Related Assigned Rights with respect to a Lease (or any interest therein). (b) Unless to an affiliate controlling, controlled by or under common control with Lessor, no assignment, transfer or conveyance permitted by this Section 11.01 shall be effective as against Lessee until Lessee shall have received a written notice of assignment that discloses the name and address of each such assignee;provided, that if such assignment is made to a bank or trust company as trustee or paying agent for owners of certificates of participation, participation interests, trust certificates or partnership interests with respect to the Rental Payments payable under a Lease, it shall thereafter be sufficient that Lessee receives notice of the name and address of the bank, trust company or other entity that acts, as the Lease Servicer for such Lease. Notices of assignment provided pursuant to this Section 11.01 b) shall contain a confirmation of compliance with the transfer requirements imposed by Section 11.0 1(a) hereof. During the Lease Ten-n under each Lease, Lessee shall keep, or cause to be kept, a complete and accurate record of all such assignments in form necessary to comply with Section 149 of the Code. Lessee shall retain all such notices as a register of all assignees and shall make all payments to the assignee or assignees or Lease Servicer last designated in such register. Lessee shall not have the right to and shall not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor or any Vendor. Assignments in part may include, without limitation, assignment of all of Lessor's security interest in and to the Equipment listed in a particular Lease and all rights in, to and under the Lease related to such Equipment and all of Lessor's security interest in and to the related Escrow Account, or all rights in, to and under the related Escrow Agreement. (c) If Lessor notifies Lessee of its intent to assign a Lease, Lessee agrees that it shall execute and deliver to Lessor a Notice and Acknowledgement of Assignment with respect to such Lease, substantially in the form of Exhibit H attached hereto, within five (5) business days after its receipt of such request. 21 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 115 of 711 Section H.02. Assignment and Subleasing by Lessee. None of Lessee's right, title and interest in, to and under this Agreement, any Lease or any portion of the Equipment, any Escrow Agreement or the Escrow Account related thereto may be assigned, encumbered or subleased by Lessee for any reason, and any purported assignment, encumbrance or sublease without Lessor's prior written consent shall be null and void. ARTICLE X11 Section 12.01. Events of Default Defined. Any of the following events shall constitute an 'Event of'Default 11)under a Lease: (a) Failure by Lessee to (i) pay any Rental Payment or other payment required to be paid under any Lease within ten (10) days of the date when due as specified therein, (ii) maintain insurance as required under such Lease (including Section 7.02 of this Agreement, which is incorporated therein), or (iii) observe and perform any covenant, condition or agreement on its part to be observed or perfort-ned under Section 6.01 or 6.02 hereof for any Lease-, (b) Failure by Lessee to observe and perform any covenant, condition or agreement contained in this Agreement or any Lease on its part to be observed or performed, other than as referred to in subsection (a) above, for a period of thirty (30) days after written notice specifying such failure and requesting that it be remedied is, given to Lessee by Lessor, unless Lessor shall agree in writing to an extension of such time prior to its expiration; provided that, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to this Agreement or any Lease or its execution, delivery or performance shall prove to have been false, incorrect, misleading or breached in any material respect on the date when made, (d) Any default occurs under any other agreement for borrowing money, lease financing of property or otherwise receiving credit under which Lessee is an obligor, if such default (i) arises under any other agreement for borrowing money, lease financing of property or provision of credit provided by Lessor or any affiliate of Lessor (including, without limitation, the occurrence of any Event of Default under any other Lease), or (ii) arises under any obligation under which there is outstanding, owing or committed an aggregated amount in excess of$1 00,000.00; (e) Lessee shall (i) apply for or consent to the appointment of a receiver, trustee, custodian. or liquidator of Lessee, or of all or a substantial, part of the assets of Lessee, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an 22 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 116 of 711 order for relief entered against it under applicable Federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization, moratorium or insolvency proceeding; or (f) An order, judgment or decree shall be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator for Lessee or of all or a substantial part of the assets of Lessee, in each case without its application, approval or consent, and such order, judgment or decree shall continue unstayed and in effect for any period of thirty(30) consecutive days. Section 12.02. Remedies on Default. Whenever any Event of Default exists under any Lease, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps with respect to any or all Leases with an Event of Default under this Agreement, including those with an Event of Default pursuant to Section 12.01(d) (each a"Dlted Lease"),- (a) By written notice to Lessee, Lessor may declare all Rental Payments payable by Lessee pursuant to one or more Defaulted Leases and other amounts payable by Lessee under each such Defaulted Lease to the end of the then current Original Term or Renewal Term to be immediately due and payable; (b) With or without terminating the Lease Term under any one or more Defaulted Leases, Lessor may enter the premises where the Equipment listed in any one or more of each such Defaulted Leases is located and retake possession of such Equipment or require Lessee at Lessee's expense to promptly return any or all of such Equipment to the possession of Lessor at such place within the United States as Lessor shall specify, and sell or lease such Equipment or, for the account of Lessee, sublease such Equipment, continuing to hold Lessee liable, but solely from legally available funds, for the difference between (i) the Rental Payments payable by Lessee pursuant to each such Defaulted Lease and other amounts related to each such Defaulted Lease that are payable by Lessee to the end of the then current Original Term or Renewal Term, as the case may be, and (ii) the net proceeds of any such sale, leasing or subleasing (after deducting all expenses of Lessor in exercising its remedies under each such Defaulted Lease, including without limitation all expenses of taking possession, storing, reconditioning and selling or leasing such Equipment and all brokerage, auctioneer's and attorney's fees), subject, however, to the provisions of Section 3.03 of this Agreement. The exercise of any such remedies respecting any such Event of Default under any such Defaulted Lease shall not relieve Lessee of any other liabilities under each such Defaulted Lease or any other Lease that Lessor determines not to treat as a Defaulted Lease or with respect to the Equipment listed therein; (c) Lessor may terminate the Escrow Agreement relating to any one or more of such Defaulted Leases and apply any proceeds in each such applicable Escrow 23 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 117 of 711 Account thereunder to the dental Payments scheduled to be paid under any one or more of such Defaulted Leases as Lessor shall determine; and/or (d) Lessor may take whatever action at law or in equity as may appear necessary or desirable to enforce its rights under any one or more of such Defaulted Leases or each. such Escrow Agreement relating thereto or as a secured party in any or all of the Equipment subject to any one or more of such Defaulted Leases or with respect to the related Escrow account for one or more of such Defaulted Leases. Section 12.03. No Remedy Exclusive. o remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder and/or under any Lease now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this .Article XII it shall not be necessary to give any notice other than such notice as may be required in this Article XII. Vection 12.04. Application qf Moneys. Any net proceeds from the exercise of any remedy under this Agreement, including the application specified in Section 12.02(b ( (after deducting all expenses of Lessor in exercising such remedies including without limitation all expenses of taping possession, storing, reconditioning and selling or leasing equipment and all brokerage, auctioneer's or attorney's fees), shall be applied as follows: (a) If such remedy is exercised soler with respect to a single Defaulted Lease, Equipment listed in suchDefaulted Lease or rights thereunder, there to amounts due pursuant to such Defaulted Lease and to other amounts related to such Defaulted Lease or such Equipment. (b) If such reedy is exercised with respect to more than one Defaulted Lease, Equipment listed in more than one Defaulted Lease or rights under more than one Defaulted Lease, then to amounts due pursuant to one or more of such Defaulted Leases as Lessor shall determine and distribute on a pro rata basis or on such other basis as Lessor shall determine ARTICLE X111 Section 13.01. Notices. All notices, certificates or other communications under this Agreement or any Lease shall be sufficiently given. and shall be deemed given when delivered or mailed by registered mail, postage prepaid, or delivered by overnight courier, or sent by facsimile transmission (with electronic confirmation) to the parties hereto at the addresses immediately after the signatures to this Agreement or at such other address as either party hereto shall designate in writing to the other for notices to such party) and to any assignee at its address as It appears on the registration boobs maintained by Lessee. 24 M .Ld P 1.BAPCC January 2020 2020-07-2 Agenda Packet, Page 118 of 711. Section 13.02. Binding Effect. This Agreement and each Lease shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns. Section 13.03. Severability. In the event any provision of this Agreement or any Lease shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof or thereof. Section 13.04. Amendments, Changes andModifications. This Agreement and each Lease may only be amended by Lessor and Lessee in writing. Section 13.05. Execution in Counterparts. This Agreement and each Lease may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument;provided that only Counterpart No. I of each Lease (including the terms and provisions of this Agreement incorporated therein by reference) shall constitute chattel paper for purposes of the applicable Uniform Commercial Code. Section 13.06. Applicable Law; Venue; Waiver of Jury Trial. This Agreement and each Lease shall be governed by and construed in accordance with the laws of the State. The parties hereto consent and submit to the jurisdiction of the State and venue in any state or Federal court of such State for the purposes of any suit, action or other proceeding arising in connection with this Agreement or any Lease, and each party expressly waives any objections that it may have to the venue of such courts. The parties hereto expressly waive any right to trial by jury in any action brought on or with respect to this Agreement or any Lease. Section 13.07. Captions. The captions or headings in this Agreement and in each Lease are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement or any Lease. Section 13.08. No Advisoror Fiduciary Relationship. In connection with all aspects of y each transaction contemplated by this Agreement and each Lease thereunder (including in connection with any amendment, waiver or other modification hereof oro any other related document), the Lessee acknowledges and agrees that: (a) (i) the transactions regarding this Agreement and each Lease thereunder provided by the Lessor and any affiliate thereof are arm's- length commercial transactions between the Lessee,, on the one hand, and the Lessor and its affiliates, on the other hand, (ii) the Lessee has consulted its own legal, accounting, regulatory and tax advisors to the extent it has deemed appropriate, and (iii) the Lessee is capable of evaluating, and understands and accepts, the terms, risks and conditions of the transactions contemplated by this Agreement and each Lease thereunder and by the other related documents-, (b) (i) the Lessor and its affiliates each is and has been acting solely as a principal. and, except as expressly agreed in writing by the relevant parties, has not been, is not, and will not be acting as an advisor, agent or fiduciary, for the Lessee, or any other person and (ii) neither the Lessor nor any of its affiliates has any obligation to the Lessee with respect to the transactions contemplated by this Agreement and each Lease thereunder except those obligations expressly set forth herein and in the other related documents; and (cc) the Lessor and its affiliates may be engaged in a 25 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 119 of 711 broad range of transactions that involve interests that differ from those of the Lessee, and neither the Lessor nor any of its affiliates has any obligation to disclose any of such interests to the Lessee. To the fullest extent permitted by law, the Lessee, hereby waives and releases any claims that it may have against the Lessor or any of its affiliates with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transactions contemplated by this Agreement and each Lease thereunder. Section 13.09. Entire Agreement. The parties agree that this Agreement and each Lease hereunder constitutes the final and entire agreement between the parties superseding all conflicting terms or provisions of any prior proposals, term sheets, solicitation documents, requests for proposals, award notices, approval letters or any other agreements or understandings between the parties. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE FOLLOWS] 26 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 120 of 711 IN' WITNESS WHEREOF, Lessor and Lessee have caused this Master Equipment Lease/Purchase Agreement to be executed in their names by their duly authorized representatives as of the date first above written. LESSOR'. LESSEE: Banc of America Public Capital Corp City of Chula Vista 113 3 3 McCormick Road 276 4th Avenue Hunt Valley 11 Chula Vista, CA 91910 M/C MD5-032-07- Hunt Valley, MD 21031 Attention: Finance Department Attention: Contract Administration Fax No.: (619) 409-,5814 Fax No.: (443) 541-3057 By: By: Name: Name.- Title: Title: ATTEST: By: Printed: Name: Kerry Bigelow Title: City Clerk APPROVED AS To FORM: By: Printed: Name: Glen Googins Title: City Attorney Signature Page of Master Equipment Lease/Purchase Agreement 2020-07-28 Agenda Packet, Page 121 of 711 LIST OF EXHIBITS Exhibit A-I Form of Equipment Schedule—General Equipment Exhibit A-2 Form of Equipment Schedule—Energy Services Equipment Exhibit B Form of Payment Schedule Exhibit C-I A Form of Authorizing Resolution (Agreement), Exhibit C-I B Form of Authorizing Resolution (Lease) Exhibit C-2A Form of Incumbency and Authorization Certificate (Agreement) Exhibit C-2B Form of Incumbency and Authorization Certificate (Lease) Exhibit D Form of Opinion of Counsel to Lessee Exhibit E Form of Final Acceptance Certificate Exhibit F Form of Self-Insurance Certificate Exhibit G Reserved Exhibit H Form of Notice and Acknowledgement of Assignment Exhibit I Form of Escrow and Account Control Agreement 2020-07-28 Agenda Packet, Page 122 of 711 EXHIBIT A-1 FORM OF EQUIPMENT SCHEDULE No. -GENERAL EQUIPMENT Re: Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, between Banc of America Public Capital Corp, a Kansas corporation, as Lessor, and the City of Chula Vista, as Lessee 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"). 2. Equipment. For purposes of the Lease created hereby, the following items of Equipment are hereby included under this Equipment Schedule together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement. QUANTITY DESCRIPTION SERIAL No. MODEL No. LOCATION 3. Payment Schedule. (a) Rental Paments,. Commencement Date. The Rental Payments shall be in such y amounts and payable on such Rental Payment Dates as set forth in the Payment Schedule attached to this Equipment Schedule and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06, of the Agreement. Lessee's obligation to pay Rental Payments under the Lease created hereby shall commence on the earlier of (i) the date on which the Equipment listed in this Equipment Schedule is accepted by Lessee in the manner described in Section 5.01 of the Agreement, as evidenced by the Final Acceptance Certificate executed by Lessee and substantially in the form of Exhibit E attached to the Agreement, or (ii) the date on which the Acquisition Amount is deposited in an Escrow Account for the purpose of acquiring and installing the Equipment listed in this Equipment Schedule pursuant to Section 3.o4(c) of the Agreement (the earlier of such two dates being herein referred to as the "Commencement Date"). (b) Prepayment Price Schedule. The Prepayment Price on each Rental Payment Date shall be the amount set forth for such Rental Payment Date in the "Prepayment Price" column of 2 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 123 of 711 the payment Schedule attached to this Equipment Schedule plus all Rental payments then due (including the Rental payment due on such .Rental payment late) pus all other amounts then owing under this Equipment Schedule. 4• representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement (particularly Section 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that (a) no Material. Adverse Change has occurred since the dated date of the Agreement; (b) no Event of Default has occurred and is continuing under any Lease currentlyin effect; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or is threatened; (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation; (e) the City Council of Lessee has authorized the execution and delivery of the Agreement and this Equipment Schedule, (:) the Equipment listed in this equipment Schedule is essential to the functions of Lessee or to the services Lessee provides its citizens; (g) Lessee has an immediate need for, and expects to make immediate use of, substantially all such equipment, which will be used by Lessee only fort e purpose of performing one or more ofLessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period.. 5. The Luse. The terms and provisions of the Agreement (other than to the extent that they relate solely to other equipment Schedules or Equipment listed on other equipment Schedules) are hereby incorporated into this Equipment Schedule by reference and made a part hereof. [OPTION: 1F ESCRow AGREEMENT IS USED: 6. Acquisition Amount. The Acquisition Amount that Lessor shall pay to the Escrow Agent for deposit into the escrow Account in connection with this Equipment Schedule is 1t is expected that by [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Equipment Schedule No. , Lessee will have taken possession of all items of Equipment shown above and that the Lessee's final Disbursement bequest pursuant to the Escrow Agreement will be signed by Lessee, approved by Lessor and delivered tote Escrow Agent on or before six (6)] [twelve (12)] [eighteen (18)] months from the date of this Equipment Schedule. OR IF VENDOR PAID DIRECTLY USE• . Acquisition mount. The Acquisition Amount for the Equipment listed in this Equipment Schedule to be paid to the Vendor (or reimbursed to Lessee) is 3 MELPA BAPCC January 2020 2020-07-2 Agenda Packet, Page 124 of 711. [OPTION: IF ESCROw AGREEMENT IS USED: 7. Acquisition Period. The Acquisition Period applicable to this Equipment Schedule shall end at the conclusion of the month following the date hereof.] [OPTION: IF ES Row AGREEMENT IS USED AND A SURETY BOND is REQUIRED: [8.] Surety Bonds; Lessee to Pursue Remedies Against Contractors and Sub- Contractors and Their Sureties. Lessee shall secure from each Vendor directly employed by Lessee in connection with the acquisition, construction, installation, improvement or equipping of the Equipment listed in this Equipment Schedule, a payment and performance bond ("Surety Bond") executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of "A-" or better, and otherwise satisfactory to Lessor and naming Lessor as, a co-obligee in a sum equal to the entire amount to become payable under each Vendor Agreement. Each bond shall be conditioned on the completion of the work in accordance with the plans and specifications for the Equipment listed in this Equipment Schedule and upon payment of all claims of subcontractors and suppliers,. Lessee shall cause the surety company to add Lessor as a co-obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to Lessor promptly upon receipt thereof by Lessee. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and performance of the Vendor's obligations in accordance with the related Vendor Agreement and, if for whatever reason such proceeds are not so applied, first to amounts due Lessor under this Equipment Schedule, and any remaining amounts shall be payable to Lessee. In the event of a material default of any Vendor under any Vendor Agreement in connection with the acquisition, construction, maintenance and/or servicing of the Equipment listed in this Equipment Schedule or in the event of a material breach of warranty with respect to any material workmanship or performance guaranty with respect to such Equipment, Lessee will promptly proceed to exhaust its, remedies against the Vendor in default. Lessee shall advise Lessor of the steps it intends to take in connection with any such default. Any amounts received by Lessee in respect of damages, refunds, adjustments or otherwise in connection with the foregoing shall be paid to Lessor and applied against Lessee's obligations under this Equipment Schedule. As a prerequisite to the performance by Lessor of any of its obligations under this Equipment Schedule, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, a certified copy of each Surety Bond satisfying the conditions set forth in this Section , or, at Lessor's sole discretion, such Surety Bonds may be provided after the Commencement Date of this Equipment Schedule, provided however, that no "Disbursement Request" pursuant to the Escrow Agreement for this Equipment Schedule shall be authorized by Lessor until such Surety Bonds satisfying the conditions set forth in this Section have been delivered to Lessor. [7][ ][ ]..pease Term. The Lease Term shall consist of the Original. Tenn and consecutive Renewal Terms, with the final Renewal Term ending on subject to earlier termination pursuant to the Agreement. 4 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 125 of 711 [OPTION: IF MOTOR VEHICLES ARE BEING FINANCED: [8][9][10]. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows: (a) Registered Owner: City of Chula Vista (b) Lienholder.- Banc of America Public Capital Corp Northeast Center Building 2059 Northlake Parkway Tucker, GA 30084-5321 Lessee shall be responsible for the correct titling of all Equipment leased hereunder. Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the Lease Term of the Lease created hereby. Dated: LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista 113 3 3 McCormick Road 276 th Avenue Hunt Valley 11 Chula Vista, CA 919 10 MIC MD5-032-07-05 Attention: Finance Department Hunt Valley, MD 21031 Attention: Contract Administration Fax No.: (443) 541-3057 E . By: Name.- Name: Title: Title: ATTEST: By: Printed: Nara Title: City Clerk APPROVED AS To FORM: 5 MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 126 of 711 B . Printed: Name: Title: City Attorney Counterpart No. of manually executed and serially numbered counterparts. To the extent that the Lease created hereby constitutes chattel paper as defined in the applicable Uniform Commercial Code), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. MELPA BAPCC January 2020 2020-07-28 Agenda Packet, Page 127 of 711 EXHIBIT A-2 FORM OF EQUIPMENT SCHEDULE No. -ENERGY SERVICEs EQUIPMENT Re: Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, between Banc of America Public Capital Corp, a Kansas corporation, as Lessor, and the City of Chula Vista, as Lessee 1. Defined Terms. All terms used herein have the meanings ascribed to the in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"). 2. Equipment. (a) Location of Equipment: For purposes of the Lease created hereby, the location of Equipment is set forth below: (b) Equipment Description (Scope of Work): For purposes of the Lease created hereby, the description of the Equipment and the scope of work is set forth below: 3. Payment Schedule. (a) Rental Pa ments,* Commencement Date. The Rental Payments shall be in such y amounts and payable on such Rental, Payment Dates as set forth in the Payment Schedule attached to this Equipment Schedule and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06, of the Agreement. Lessee's obligation to pay Rental Payments under the Lease created hereby shall commence on the earlier of (i) the date on which the Equipment listed in this Equipment Schedule is accepted by Lessee in the manner described in Section 5.01 of the Agreement, as evidenced by the Final, Acceptance Certificate executed by Lessee and substantially in the form of Exhibit E attached to the Agreement, or (ii) the date on which the Acquisition Amount is deposited in an Escrow Account for the purpose of acquiring and installing the Equipment listed in this Equipment Schedule pursuant to Section 3.04(c) of the Agreement (the earlier of such two dates being herein referred to as the "Commencement Date"). (b) Prepayment Price Schedule. The Prepayment Price on each Rental Payment Date shall be the amount set forth for such Rental Payment Date in the "Prepayment Price" column of the Payment Schedule attached to this Equipment Schedule plus all Rental Payments then due (including the Rental Payment due on such Rental Payment Date) plus all other amounts then owing under this Equipment Schedule. A-1 2020-07-28 Agenda Packet, Page 128 of 711 4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement (particularly Section 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that (a) no Material Adverse Change has occurred since the dated date of the Agreement; (b) no Event of Default has occurred and is continuing under any Lease currently in effect; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or is threatened; (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation; (e) the City Council of Lessee has authorized the execution and delivery of the Agreement and this Equipment Schedule; (f) the Equipment listed in this Equipment Schedule is essential to the functions of Lessee or to the services Lessee provides its citizens; (g) Lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period. 5. The Lease. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Equipment Schedules or Equipment listed on other Equipment Schedules) are hereby incorporated into this Equipment Schedule by reference and made a part hereof. 6. Acquisition Amount. The Acquisition Amount that Lessor shall pay to the Escrow Agent for deposit into the Escrow Account in connection with this Equipment Schedule is $ 0 It is expected that by [six (6)] [twelve (12)] [eighteen (1 8)] months from the date of this Equipment Schedule No. , Lessee will have taken possession of all items of Equipment shown above and that the Lessee's final Disbursement Request pursuant to the Escrow Agreement will be signed by Lessee, approved by Lessor and delivered to the Escrow Agent on or before [six (6)] [twelve (12)] [eighteen (18)] months from the date of this Equipment Schedule. 7. Acquisition Period. The Acquisition Period applicable to this Equipment Schedule shall end at the conclusion of the month following the date hereof. 8. Additional Representation Regarding the Use Eq e and Maintenance of'the uipment,• Additional Representation Regarding Damage, Destruction and Condemnation. (a) Lessee agrees that it shall (a) proceed promptly, at its expense, to protect its rights and exercise its remedies under any warranty then in effect with respect to the Equipment under this Equipment Schedule; and (b) replace or rebuild any component of the Equipment under this Equipment Schedule that becomes permanently unfit for normal use or inoperable during the Lease Term, of this Equipment Schedule (herein, the "Inoperable Component") in order to keep the Equipment as a whole in good repair and working order during the Lease Term of this Equipment Schedule. Lessee shall promptly notify Lessor in writing when any component of the Equipment under this Equipment Schedule is reasonably expected within forty-five (45) days to A-2 2020-07-28 Agenda Packet, Page 129 of 711 become an Inoperable Component. Lessee shall promptly replace or rebuild the Inoperable Component under this Equipment Schedule with a similar component of comparable or improved make and model that has at least the equivalent value and utility of the applicable Inoperable Component, a remaining useful life of no less than the remaining Lease Term under this Equipment Schedule and such replacement or rebuilt component shall be in good operating condition. (b) If Lessee elects to replace any item of the Equipment with Replacement Equipment pursuant to Section 8.01 of the Agreement, in addition to the other requirements set forth in Section 8.01, the Replacement Equipment shall also provide at least the same level of energy and/or operational savings expected in the aggregate from the Replaced Equipment prior to such casualty, destruction or condemnation. 9. Liability Insurance. Lessee shall, during the Lease Term under this Equipment Schedule, maintain or cause to be maintained liability insurance naming Lessor and its assigns as, additional insured that protects Lessor from liability with limits of at least $,5,000,000 per occurrence for bodily injury and property damage coverage (such liability insurance coverage may be in a combination of primary general liability and/or excess liability umbrella coverage). 10. Surety Bonds; Lessee to Pursue Remedies Against Contractors and Sub- Contractors and Their Sureties. Lessee shall secure from each Vendor directly employed by Lessee in connection with the acquisition, construction, installation, improvement or equipping of the Equipment listed in this Equipment Schedule, a payment and performance bond ("Surety Bond") executed by a surety company authorized to do business in the State, having a financial strength rating by A.M. Best Company of "A-" or better, and otherwise satisfactory to Lessor and naming Lessor as, a co-obligee in a sum equal to the entire amount to become payable under each Vendor Agreement. Each bond shall be conditioned on the completion of the work in accordance with the plans and specifications for the Equipment listed in this Equipment Schedule and upon payment of all claims of subcontractors and suppliers. Lessee shall cause the surety company to add Lessor as a co-obligee on each Surety Bond, and shall deliver a certified copy of each Surety Bond to Lessor promptly upon receipt thereof by Lessee. Any proceeds from a Surety Bond shall be applied in accordance with such Surety Bond to the payment and performance of the Vendor's obligations in accordance with the related Vendor Agreement and, if for whatever reason such proceeds are not so applied, first to amounts due Lessor under this Equipment Schedule, and any remaining amounts shall be payable to Lessee. In the event of a material default of any Vendor under any Vendor Agreement in connection with the acquisition., construction, maintenance and/or servicing of the Equipment listed in this Equipment Schedule or in the event of a material breach of warranty with respect to any material workmanship or performance guaranty with respect to such Equipment, Lessee will promptly proceed to exhaust its remedies against the Vendor in default. Lessee shall advise Lessor of the steps it intends to take in connection with any such default. Any amounts received by Lessee in respect of damages, refunds, adjustments or otherwise in connection with the foregoing shall be paid to Lessor and applied against Lessee's obligations under this Equipment Schedule. A-3 2020-07-28 Agenda Packet, Page 130 of 711 As a prerequisite to the performance by Lessor of any of its obligations under this Equipment Schedule, Lessee shall deliver to Lessor, in form and substance satisfactory to Lessor, a certified copy of each Surety Bond satisfying the conditions set forth in this Section , or, at Lessor's sole discretion, such Surety Bonds may be provided after the Commencement Date of this Equipment Schedule, provided however, that no "Disbursement Request"' pursuant to the Escrow Agreement for this Equipment Schedule shall be authorized by Lessor until such Surety Bonds satisfying the conditions set forth in this Section have been delivered to Lessor. 11. Lease Term. The Lease Term shall consist of the Original Term and consecutive Renewal Terms, with the final Renewal Term ending on subj ect to earlier termination pursuant to the Agreement. Dated: LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista 113 3 3 McCormick Road 2764 11' Avenue Hunt Valley 11 Chula Vista, CA 91.910 lam/C MD -032-07- Attention: Finance Department Hunt Valley, MD 21031 Attention: Contract Administration Fax No.: (443) 541-3057 By: By: Name.- Name: Title: Title: ATTEST: By: Printed: Name: Title: City Clerk APPROVED AS To FORM: By: Printed: Name: Title: City Attorney A-4 2020-07-28 Agenda Packet, Page 131 of 711 Counterpart No. of manually executed and serially numbered counterparts. To the extent that the Lease created hereby constitutes chattel paper (as defined in the applicable Uniform Commercial Code), no security or ownership interest herein may be created through the transfer or possession of any Counterpart other than Counterpart No. 1. A-5 2020-07-28 Agenda Packet, Page 132 of 711 EXHIBIT B FORM OF PAYMENT SCHEDULE PREPAYMENT CASUALTY PRICE VALUE [including [including RENTAL RENTAL prepayment casualty PAYMENT PAYMENT INTEREST PRINCIPAL OUTSTANDING premium;if premium;if DATE AMOUNT PORTION PORTION BALANCE applicable] applicable] Contract Rate; Taxable Rate. The Contract Rate for this Equipment Schedule is % per annum. The Taxable Rate for this Equipment Schedule is % per annum. Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date for this Equipment Schedule is LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista By: By: Name.- Narne: Title: Title: 2020-07-28 Agenda Packet, Page 133 of 711 EXHIBIT C-1A ORM CSE AUTHORIZING RESOLUTION UTION( A RESOLUTION OF THE CITY COUNCIL OF CH LA. VISTA, AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE URC :IASL AGREEMENT MENS" AND SEPARATE EQUIPMENT SCHEDULES "THERETO FOR THE ACQUISITION, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR THE PUBLIC BENEFIT WITHIN THE TERMS HEREIN' PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER.. ACTIONS NECESSARY TO THE CONSUMMATION OF' THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, the City of Chula Vista (the ".Lessee"), a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City" has the right and. power to make and enforce all laws and regulations in respect to municipal affairs and certain. ether matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article XI of the Constitution of the Mate of California, is authorized by the laws of the State of California and its Charter to acquire, finance and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the City Council of the Lessee the "City Council ") has determined that a need exists for the acquisition, financing and leasing of certain equipment consisting of , which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the "Equipment" on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Master Equipment Lease/Purchase Agreement (the "Agreement") with Banc of America Public Capital Corp (or one of its affiliates), as lessor (the "Lessor"), substantially in the proposed form presented to the City Council at this meeting, and separate Equipment Schedules thereto substantially in the form attached to the Agreement; and WHEREAS. the City Council deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Agreement and separate Equipment Schedules thereunder and the other documentation relating thereto from time to time as provided in the Agreement for the acquisition, financing and leasing of the Equipment to be therein. described on the terms and conditions therein and herein provided; Now, THEREFORE, BE IT AND IT Is HEREBY RESOLVED by the City Council of the .Lessee as follows: 2020-07-2 Agenda Packet, Page 134 of 711. Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Agreement (including the form of Equipment Schedule and the form of Payment i Schedule, both attached thereto), in the form presented to the C ity Council at this meeting, are n the best interests of the Lessee for the acquisition financing and leasing of the Equipment. Section 2. Approval of'Documents. The fort'n, to and provisions of the Agreement (including the form of Equipment Schedule and the form of Payment Schedule, both attached thereto) are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by [insert title of officials] of the Lessee or other members of the City Council of the Lessee (the "Authorized Pf ,ficials") executing the same, the execution of such documents being conclusive evidence of such approval; and the of the Lessee is hereby authorized and directed to execute, and the of the Lessee is hereby authorized and directed to attest, the Agreement and any related Exhibits attached thereto and to deliver the Agreement (including such Exhibits,) to the respective parties thereto, and the of the Lessee is hereby authorized to affix the seal of the Lessee to such documents. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Agreement, each Equipment Schedule thereto under which a separate Lease (as defined in the Agreement) is created, each Payment Schedule attached thereto., any related Escrow Agreement and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the City Council of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $ ; (b) the maximum term under any Lease entered into pursuant to the Agreement shall not exceed [ ] years-, and (caw the maximum interest rate used to determine the interest component of Rental Payments under each Lease shall not exceed the lesser of the maximum rate permitted by law or [ , percent (_%)] per annum. The Authorized Officials may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of[two] years from the date hereof during which the Authorized Officials are authorized to sign and deliver Leases pursuant to the Agreement on the terms and conditions herein provided and to be provided in each such Lease. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all, action necessary or reasonably required by the parties to the Agreement to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of Final Acceptance Certificates, Escrow Agreements, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Agreement and each Lease. Section 4. No General Liability. Nothing contained in this Resolution, the Agreement, any Lease, any Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the 2020-07-28 Agenda Packet, Page 135 of 711 Agreement, any Lease, any Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under each Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. Section 5. Appointment of Authorized Lessee Representatives. The and of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of each Lease and related Escrow Agreement until such time as the City Council of the Lessee shall designate any other or different authorized representative for purposes of the Agreement and any Lease or Escrow Agreement. Section 6. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof. Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. ADOPTED AND APPROVED by the City Council of the Lessee this day of CITY OF CHULA VISTA, as lessee By: Printed Name: Title: ATTEST: By: Printed: Name: Title: 2020-07-28 Agenda Packet, Page 136 of 711 The undersigned, a duly elected or appointed and acting City Clerk of the Lessee identified in the above Resolution No. (the "Resolution"), hereby certifies that the Resolution is a full, true and correct copy of such Resolution as adopted by the City Council of the Lessee on 1 20—. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the City Council of the Lessee since the date of adoption of the Resolution. DATED this day of 20 . Name: Title: 2020-07-28 Agenda Packet, Page 137 of 711 EXHIBIT C-1B FORM OF AUTHORIZING RESOLUTION(LEASE) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, AUTHORIZING THE EXECUTION AND DELIVERY OF AN EQUIPMENT SCHEDULE TO THE MASTER EQUIPMENT T FASETURCHASE AGREEMENT FOR THE ACQUISITION, FINANCING AND LEASING OF CERTAIN EQUIPMENT FOR. THE PUBLIC BENEFIT WITHIN THE TERMS PROVIDED HEREIN; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS ENTS REQUIRED I CONNECTION THEREWITH; AND AUTHORIZING THE TAKING OF ALL OTHER. ACTIONS NECESSARY TO THE CONSUMMATION OF' THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION. WHEREAS, the City of Chula Vista (the "Lessee"), a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City" has the right and. power to make and enforce all laws and regulations in respect to municipal affairs and certain ether matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article XI Of the Constitution of the Mate of California, is authorized by the laws of the State Of California to acquire, finance and lease personal property(tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the City Council of the Lessee (the "City Council") has determined that a need exists for the acquisition, financing and leasing of certain equipment with a cost not to exceed and consisting of , which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the "Equipment") on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to eater into that certain Equipment Schedule (the "Equipment Schedule") with Banc of America public Capital Corp (or one of its affiliates), as lessor (the "Lessor"), substantially in the proposed form presented to the City Council at this meeting, which Equipment Schedule incorporates by reference the terms and provisions ofthat certain Master Equipment Lease/Purchase Agreement dated as of by and between Lessor and Lessee (the "Agreement');t'); and WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the Equipment Schedule and the other documentation. relating to the acquisition, financing ar cing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; Now, THEREFORE, BE .IT AND IT Is HEREBY RESOLVED by the City Council of the .Lessee as f llows: 2020-07-2 Agenda Packet, Page 138 of 711. Section 1. Findings and Determinations. It is hereby found and determined that the terms of the Equipment Schedule and the form of Payment Schedule, in the form presented to the City Council at this meeting, are in the best interests of the Lessee for the acquisition financing and leasing of the Equipment. Section 2. Approval of'Documents. The form, terms and provisions of the Equipment Schedule and Payment Schedule are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by [insert title of officials] of the Lessee or other members of the City Council of the Lessee the "Authe rizedOf ,ficials") executing the same, the execution of such documents being conclusive evidence! of such approval. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Equipment Schedule under which a separate Lease (as defined in the Agreement) is created, the Payment Schedule attached thereto, the Escrow Agreement and any related exhibits attached thereto. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Lease to carry out, give effect to and consummate the transactions contemplated thereby (including the execution and delivery of a Final Acceptance Certificate, the Escrow Agreement, Disbursement Requests and any tax certificate and agreement, as contemplated in the Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Lease. Section 4. No General Liability. Nothing contained in this Resolution, the Lease, the Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Lease, the Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Lease entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. Section 5. Appointment of Authorized Lessee Representatives. The and of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Lease and the Escrow Agreement until such time as the City Council of the Lessee shall designate any other or different authorized representative for purposes of the Lease or the Escrow Agreement. Section 6. Severability. if any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this 2020-07-28 Agenda Packet, Page 139 of 711 Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof. Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. ADOPTED AND APPROVED by the City Council of the Lessee this day of CITY OF CHULA VISTA, as lessee By: Printed Name: Title: ATTEST: By: Printed: Name: Title: 2020-07-28 Agenda Packet, Page 140 of 711 The undersigned, a duly elected or appointed and acting City Clerk of the Lessee identified in the above Resolution No. (the "Resolution"), hereby c *fies is that the es a full erti I I true and correct copy of such Resolution as adopted by the City Council of the Lessee on 1 20—. The Resolution is in full force and effect on the date hereof and has not been amended, modified or otherwise changed by the City Council of the Lessee since the date of adoption of the Resolution. DATED this day of 120 . Name: Title: 2020-07-28 Agenda Packet, Page 141 of 711 EXHIBIT C- A. FORM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE(AGREEMENT) The undersigned, a duly elected or appointed and acting City Clerk of the City of Chula Vista ("Lessee") certifies as follows: A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "0Of,cials") in the capw acity set forth opposite their respective names beloand the facsimile signatures below are true and correct as of the date hereof-, and B. THE OFFICIALS ARE DULY AUTHORIZED, ON BEHALF OF LESSEE,, TO NEGOTIATE,, EXECUTE AND DELIVER THE MASTER EQUIPMENT LEASETURCHASE AGREEMENT DATED AS OF JULY 30, 2020 (THE 'AGREEMENT") AND SEPARATE EQUIPMENT SCHEDULES RELATING THERETO FROM TIME TO TIME AS PROVIDED IN THE AGREEMENT (COLLECTIVELY, THE 'EQUIPMENT SCHEDULES"), EACH BY AND BETWEEN LESSEE AND BANG OF AMERICA PUBLIC CAPITAL CORP ("LESSOR"), [THE ESCROW AND AccOUNT CONTROL AGREEMENT DATED AS OF BY AND AMONG LESSOR, LESSEE AND As ESCROW AGENT,] ALL DOCUMENTS RELATED THERETO AND DELIVERED IN CONNECTION THEREWITH, AND ANY FUTURE MODIFICATION(S) OR AMENDMENTS THEREOF (COLLECTIVELY, THE "OPERATtvE AGREEmEws"), AND THE OPERATIVE AGREEMENTS EACH ARE THE BINDING AND AUTHORIZED AGREEMENTS OF LESSEE,, ENFORCEABLE IN ALL RESPECTS IN ACCORDANCE WITH THEIR RESPECTIVE TERMS. Name of Official Title Signature DATED: BY: NAME.- TITLE: (THE SIGNER OF THIS CERTIFICATE CANNOT BE LISTED ABOVE AS AUTHORIZED TO EXECUTE THE OPERATIVE AGREEMENTS.) 2020-07-28 Agenda Packet, Page 142 0f 711 EXHIBIT C-2B FORM OF INCUMBENCY AND AUTHORIZATION CERTIFICATE(LEASE) The undersigned, a duly elected or appointed and acting City Clerk of the City of Chula Vista ("Lessee") certifies as follows A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "0Of,cials w") in the capacity set forth opposite their respective names beloand the facsimile signatures below are true and correct as of the date hereof; and B. THE OFFICIALS ARE DULY AUTHORIZED, ON BEHALF OF LESSEE,, TO NEGOTIATE,, EXECUTE AND DELIVER THE EQUIPMENT SCHEDULE No. DATED AS OF (THE "EC)UIPMENT SCHEDULE"), WHICH INCORPORATES BY REFERENCE THE TERMS AND PROVISIONS OF THE MASTER EQUIPMENT LEASETURCHASE AGREEMENT DATED AS OF JULY 30, 2020 (THE "AGREEMENT"), EACH BY AND BETWEEN LESSEE AND BANC OF AMERICA PUBLIC CAPITAL CORP ("LESSOR"), [THE ESCROW AND ACCOUNT CONTROL AGREEMENT DATED AS OF BY AND AMONG LESSOR, LESSEE As ESCROW AGENT,] AND ALL DOCUMENTS RELATED THERETO AND DELIVERED IN CONNECTION THEREWITH, AND ANY FUTURE MODIFICATION(S) OR AMENDMENTS THEREOF (COLLECTIVELY, THE "OPERATivE AGREEmENTs"), AND THE OPERATIVE AGREEMENTS EACH ARE THE BINDING AND AUTHORIZED AGREEMENTS OF LESSEE,, ENFORCEABLE IN ALL RESPECTS IN ACCORDANCE WITH THEIR RESPECTIVE TERMS. Name of Official Title Signature DATED: BY: NAME: TITLE: (THE SIGNER OF THIS CERTIFICATE CANNOT BE LISTED ABOVE AS AUTHORIZED TO EXECUTE THE OPERATIVE AGREEMENTS.) 2020-07-28 Agenda Packet, Page 143 of 711 EXHIBIT D FORM OF OPINION OF COUNSEL To LESSEE (to be typed on letterhead of counsel) Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C II -o32-07-0 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. dated to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee Ladies and Gentlemen: As legal counsel to the City of Chula Vista ("Lessee" , I have examined (a) an executed counterpart of that certain Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020 (the "Agreement") and Exhibits thereto, by and between Banc of America Public Capital Corp, as lessor ("Lessor"), and Lessee; (b) an executed counterpart of Equipment Schedule No. , dated I by and between Lessor and Lessee, which incorporates by reference the terms and provisions of the Agreement (such Equipment Schedule No. together with such incorporated terms and provisions are herein referred to collectively as the "Equipment Schedule"), has attached the Payment Schedule with respect thereto (the "Payment Schedule") executed by Lessee, and provides for the lease of certain property listed in the Equipment Schedule (the "Equipment"); (c) an executed counterpart of that certain Escrow and Account Control Agreement dated as of (the "Escrow Agreement"), by and among Lessor, Lessee and , as Escrow Agent; (d) an executed counterpart of the ordinances or resolutions of Lessee with respect to authorization of the transaction contemplated by the Agreement, the Equipment Schedule, the Escrow Agreement and documents related thereto; and (e) such other opinions, documents, and matters of law as I have deemed necessary in connection with the following opinions. The Agreement, the Equipment Schedule, including the terms and provisions of the Agreement incorporated therein by reference, the related Payment Schedule, the Escrow Agreement and the documents relating thereto are herein collectively referred to as the "Transaction Documents". Based on.the foregoing, I am of the following opinions: 1. Lessee is a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article X1 2020-07-28 Agenda Packet, Page 144 of 711 of the Constitution of the State of California, duly organized and existing under the laws of the State, and is a political subdivision of the State within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code") and the obligations of Lessee under the Lease will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code. 2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Transaction Documents. 3. The Transaction Documents have been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms, except to the extent limited by State and Federal law affecting creditor's remedies and by bankruptcy, reorganization, moratorium or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, procurement and public bidding laws and all other applicable State or Federal laws,. 5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment under the Lease, the Escrow Account or other Collateral thereunder. [6. The portion of Rental Payments designated as interest is excluded from Lessor's gross income for Federal income tax purposes under Section 103 of the Code and is exempt from State of California personal income taxes; and such interest is not a specific item of tax preference for purposes of the Federal alternative minimum tax.11] [6. The portion of Rental Payments, designated as interest or constituting or accruing as original issue discount is excluded from Lessor's gross income for Federal income tax purposes under Section 103 of the Code and is exempt from State of California personal income taxes; and such interest and original issue discount are not a specific item of tax preference for purposes of the Federal alternative minimum tax.2] Please use this provision if the opinion of counsel will include a tax opinion. 2 Please use this provision if the opinion of counsel will include a tax opinion and there is 01D. 2020-07-28 Agenda Packet, Page 145 of 711 All capitalized terms herein shall have the same meanings as in the Transaction Documents, unless of provided herein. Lessor and its successors and assigns[, and any * counsel rendering an opinion on the tax-exempt status of the Rental Payments,3] are entitled to rely on this opinion. Printed Name: Signature: Firm: Dated: Address: Telephone No.: 3 Please use this provision if bond counsel will be providing a separate tax opinion. 2020-07-28 Agenda Packet, Page 146 of 711 EXHIBIT E FORM OF FINAL ACCEPTANCE CERTIFICATE Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C MD5-032-07-05 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. dated to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee Ladies and Gentlemen: In accordance with the ab,ove-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as follows: 1. All of the Equipment listed in the above-referenced Equipment Schedule (the "Equipment Schedule") has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and/or testing of the Equipment listed in the Equipment Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement. 4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement and incorporated into the Equipment Schedule by reference are true and correct as of the date hereof. 5. (a)No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default exists at the date hereof under any Lease currently in effect; (bow no Material Adverse Change has occurred since the date of the execution and delivery of the Agreement; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or been threatened; and (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation. 2020-07-28 Agenda Packet, Page 147 0f 711 Capitalized terms used, but not defined, in this Final Acceptance Certificate shall have the same meanings as when such terms are used in the Agreement. Date: LESSEE: City of Chula Vista By: Name: Title: 2020-07-28 Agenda Packet, Page 148 of 711 EXHIBIT F FORM OF SELF-INSURANCE CERTIFICATE Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C MD5-032-07-05 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. dated to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee In connection with the above-referenced Equipment Schedule (the "Equipment Schedule"), the City of Chula Vista (the "Lessee") hereby warrants and represents to Banc of America Public Capital Corp the following information. The terms capitalized herein but not defined herein shall have the meanings assigned totem in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement") incorporated into the Equipment Schedule by reference. 1. The Lessee is self-insured for damage or destruction to the Equipment listed in the Equipment Schedule (herein, the "Equipment"). The dollar amount limit for property damage to the Equipment under such self-insurance program is $ 0 [The Lessee maintains an umbrella insurance policy for claims in excess, of Lessee's self-insurance limits for property damage to the Equipment which policy has a dollar limit for property damage to the Equipment under such policy of$ 4] 2. The Lessee is self-insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. The dollar limit for such liability claims under the Lessee's self-insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability which policy has a dollar limit for liabilities for injury and death to persons as well. as damage or loss of property arising out of or relating to the condition or operation of the Equipment in the amount of$ 0 [3]. The Lessee maintains a self-insurance fund. Monies in the self-insurance fund [are/are not] subject to annual appropriation. The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is $ [Amounts paid from the Lessee's self-insurance fund are subject to a dollar per claim of$ .] 2020-07-28 Agenda Packet, Page 149 of 711 [3]. The Lessee does not maintain a self-insurance fund. he Lessee obtains funds to pay claims for which it has self-insured from the following sources: Amounts payable for claims from such sources are limited as follows: 4 4. Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. LESSEE: City of Chula Vista By: Name: Title: 2020-07-28 Agenda Packet, Page 150 of 711 EXHIBIT G RESERVED 2020-07-28 Agenda Packet, Page 151 of 711 EXHIBIT H FORM OF NOTICE AND ACKNOWLEDGEMENT OF AsSIGNMENT Dated BANCA OF AMERICA PUBLIC CAPITAL CORP ("Assignor") hereby gives notice that, as of , 20_1 it has assigned and sold to ("Assignee") all of Assignor's right, title and interest in, to and under Equipment Schedule No. , dated (including the Payment Schedule attached thereto, the "Equipment Schedule"), which incorporates by reference the terms and provisions of that certain Master Equipment ease Purchase Agreement dated as of July 3 0, 2020 (the "Agreement"), each by and between Assignor and the City of Chula Vista ("Lessee"), together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Lease (as such term is hereinafter defined), all of Assignor's right, title and interest in the Equipment listed in the Equipment Schedule and all of Assignor's right, title and interest in, to and under the Escrow and Account Control Agreement dated as of 20 (the "Escrow Agreement") by and among Lessee, Assignor and , as Escrow Agent, together with the Escrow Account related thereto (collectively, the "Assigned Property"). For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment"), "Lease" means collectively the Equipment Schedule and the terms and provisions of the Agreement incorporated therein by reference, together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease 11 specifically excludes all other Equipment Schedules entered into under the Agreement and Rental Payments other than with respect to the Equipment Schedule. Each capitalized term used but not defined herein has the meaning set forth in the Agreement. I. Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts corrin due under the Lease in accordance with the terms thereof on and after the date %-1 of this Acknowledgment. 2. Lessee hereby agrees that: (i) Assignee shall. have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Lease, to declare a default and to exercise all rights and remedies thereunder in connection with the occurrence of an Event of Non-appropriation or an Event of Default; and (ii) [except as provided in Section 3.03 of the Agreementj the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense. 2020-07-28 Agenda Packet, Page 152 of 711 3 Lessee agrees that, as of the date of this Notice and Acknowledgment of Assignment (this "Acknowledgement" , the following information about the Lease is true, accurate and complete: Number of Rental Payments Remaining Amount of Each Rental Payment $ Total Amount of Rental Payments $ Remaining Frequency of Rental Payments Next Rental Payment Due Funds Remaining in Escrow Account $ 4. The Lease remains in full force and effect, has not been amended, no Event of Default (or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder and no Event of Non-appropriation has occurred or is threatened with respect thereto. 5. Assignor hereby acknowledges the transfer restrictions imposed by Section 11.01 of the Agreement and confirms that the assignment to Assignee has been made in accordance with the provisions of that Section. 6. Any inquiries of Lessee related to the Lease and any requests, for disbursements from the Escrow Account, if applicable, and all Rental Payments and other amounts coming due pursuant to the Lease on and after the date of this, Acknowledgment should be remitted to Assignee at the following address or such other address as provided to Lessee in writing from time to time by Assignee): 2020-07-28 Agenda Packet, Page 153 of 711 ACKNOWLEDGED AND AGREED'. LESSEE'. [FOR EXHIBIT PURPOSES ON By: Name: Title: ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP [FOR EXHIBIT PURPOSES ON By: Name: Title: 2020-07-28 Agenda Packet, Page 154 of 711 EXHIBIT I ESCROW AND ACCOUNT CONTROL AGREEMENT [See attached] 2020-07-2 Agenda Packet, Page 1.55 of 711. LOS1NG INDEX Schedule of Property No. 01 to Master Equipment Lease/Purchase,Agreement Dated July 30, 2020, between City of Chula Vista, CA(the "Le"ssee") and Banc of America Public Capitan Corp (the "Lessor") $213631757.44 Closing: July 20, 2020 Document Person Preparing Status/Comments 1 Master Equipment Lease/Purchase Agreement Lessor Kraft out 2 Schedule of Property No. 01 Lessor Kraft out 3 Payment Schedule Lessor (Kraft out 4 Certificate (Incumbency) Lessor (Kraft out 5 Resolution of Governing Body Lessee (Kraft out. Passage July 2852020 0 Sales/ Use Tax Exemption Certificate Lessee Not applicable 7 W-0 Lessee 3 CC-1 Financing Statement Lessor Counsel g Opinion of City Attorney Lessor Counsel Kraft out 10 IRS Form 3033-G Lessee Status? 13 Insurance Authorization Letter Lessor Need for Existing Vehicles. Status? 14 Property Insurance Certificate Lessee Need for Existing Vehicles. Status? 15 Liability Insurance Certificate Lessee Need for(Existing Vehicles.Status? 16 Evidence of ILienholder Status on Existing Lessee Per paragraph 10 of'the Vehicles Equipment Schedule No. 01 17 Information Concerning Purchase Agreement of Lessee/Vendor Complete New Vehicles 18 Wire Instruction to South Coast Fire (Equipment, Vendor Need Inc. for Payment Price for New Vehicles 10 Other wire Instructions/Invoices Lessee Not applicable 2020-07-2 Agenda Packet Page 1.56 of 711. 2020-07-28 Agenda Packet, Page 157 of 711 LIST OF EXHIBITS Equipment Schedule—General Equipment Exhibit B Payment Schedule Exhibit C-1 A Form of Authorizing Resolution (Agreement) Exhibit C-2A Incumbency and Authorization Certificate (Agreement) Exhibit D Form of Opinion of Counsel to Lessee Exhibit E Form of Final Acceptance Certificate Exhibit F Form of Self-Insurance Certificate Exhibit G Reserved Exhibit H Form of Notice and Acknowledgement of Assignment Exhibit I Reserved 2020-07-28 Agenda Packet, Page 158 of 711 EQUIPMENT SCHEDULE,No.01 -GENERAL EQUIPMENT Re: Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, between Banc of America Public Capital Corp, a Kansas corporation, as Lessor, and the City of Chula Vista, as Lessee 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"). 2. Equipment. For purposes of the Lease created hereby, the following items of Equipment are hereby included under this Equipment Schedule together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement. Equipment Description: One (1) Pierce Arrow XT Triple Combination Pumper with Pierce's Ultimate Configuration being acquired from South Coast Fire Equipment, Inc., pursuant to that certain proposal dated March 4, 2020 to the City of Chula Vista Fire Department. One (1) Pierce Arrow XT 100' Tractor Drawn Areal being acquired from South Coast Fire Equipment, Inc., pursuant to that certain proposal dated March 4, 2020 to the City of Chula Vista Fire Department. Equipment Location: 1800 Maxwell Road, Chula Vista CA 91911. 3. Payment Schedule. (a) Rental Paments,* Coencement Date. The Rental Payments shall be in such y mm amounts and payable on such Rental Payment Dates as set forth in the Payment Schedule attached to this Equipment Schedule and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06, of the Agreement. Lessee's obligation to pay Rental Payments under the Lease created hereby shall commence on July 30, 2020 (the "Commencement Date"'), upon payment on said date of the Acquisition Amount, as described herein, to South Coast Fire Equipment, Inc. ("Vendor"). (b) Prepayment Price Schedule. The Prepayment Price on each Rental Payment Date shall be the amount set forth for such Rental Payment Date in the "Prepayment Price" column of the Payment Schedule attached to this Equipment Schedule plus all, Rental Payments then due (including the Rental Payment due on such Rental Payment Date) plus all other amounts then owing under this Equipment Schedule. 2020-07-28 Agenda Packet, Page 159 of 711 4. Representations, Warranties and Covenants. Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement (particularly Section 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that (a) no Material Adverse Change has occurred since the dated date of the Agreement; (b) no Event of Default has occurred and is continuing under any Lease currently in effect; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or is threatened; (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation; (e) the City Council of Lessee has authorized the execution and delivery of the Agreement and this Equipment Schedule; (f) the Equipment listed in this Equipment Schedule is essential to the functions of Lessee or to the services Lessee provides its citizens; (g) Lessee has an immediate need for, and expects to make immediate use of, substantially all such Equipment, which will be used by Lessee only for the purpose of performing one or more of Lessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period. 5. The Lease. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Equipment Schedules or Equipment listed on other Equipment Schedules) are hereby incorporated into this Equipment Schedule by reference and made a part hereof. 6. Acquisition Amount. The Acquisition Amount for the Equipment listed in this Equipment Schedule to be paid to the Vendor is $2,363,757.44. 7. Security Interest in Existing Vehicles. As a condition to funding this Schedule directly to the Vendor on the Commencement Date to allow the Lessee to take advantage of a prepayment discount, and to secure the obligations of Lessee under this Schedule, prior to delivery of the Equipment, Lessee grants to Lessor a security interest in the vehicles listed below (the "Existing Vehicles")�. Prior to final acceptance of the Equipment, upon the occurrence of an Event of Default or an Event of Non-appropriation, Lessor shall have all rights and remedies with respect to the Existing Equipment in lieu of what would otherwise be applicable to the Equipment, including, but not limited to, delivery of possession of the Existing Equipment to Lessor pursuant to Section 3.03 and Section 12.02(b). In addition, prior to final acceptance of the Equipment, the provisions of Sections 5.04, 6.01, 6.0 2, 6.03, 7.01, 7.02, 7.03, 7.04, 8.01, 8.021 9.01. 9.02, 11.021 12.021 12.03, and 12.04 shall be applicable to the Existing Vehicles. Upon final acceptance of the Equipment by execution of the final acceptance certificate for this Schedule, the security interest in the Existing Vehicle shall be released and terminated and the provisions of this Section 7 shall have no force and effect. The Existing Vehicles shall be subject to the registration requirements set forth in Section 10, below, including listing Lessor as Lienholder. 2020-07-28 Agenda Packet, Page 160 of 711 Existing Vehicles EQ Number "ear Flake I Iodel License Serial 4581 2019 PIERCE ARROW XT U AR TBD 4P'1BBAGFIKA019924 4532 2019 PIERCE ARROW XT 1450181 4P'1BAAGF2KA020535 4584 2019 PIERCE ARROW XT 1450182 4P'1BAAGF6KA020537 W Acquisition Period. The Acquisition Period applicable to this Equipment Schedule shall end at the conclusion of the 18th month following the date hereof. Lessee will have taken possession of all items of Equipment shown above by said date and shall have executed the final acceptance of the Equipment, as evidenced by the Final. Acceptance Certificate executed b Lessee and substantially in the farm of Exhibit E attached to the Agreement. . Lease Term. The Lease Term shall consist of the Original Term and sig. consecutive Renewal Terms, with the final Renewal Term ending on January 30, 2026, subject to earlier termination pursuant to the Agreement. 10. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows: (a) ROwner.- City of Chula vista (b) Len of er.• Banc of,America Public Capital Carp Northeast Center Building 2059 Northlake Parkway Tucker, GA. 30084-5321 Lessee shall be responsible for the correct titling of all Equipment leased.hereunder. Lessee will cause the original al Certificates of Tithe to be delivered to Lessor for retention in Lessor's files throughout the Lease Term of the Lease created hereby. [Signature page follows,. . 2020-07-2 Agenda Packet, Page 161 of 711. Dated: July 30, 2020 LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista 113 3 3 McCormick Road 27nth Avenue Hunt Valley 11 Chula Vista, CA 919 10 M/C II -032-+ Attention: Finance Department Hunt Valley, MD 21031 Attention: Contract Administration Fax No.: (443) 541-3057 By: By: an Name.- Title: Title: ATTEST: By: Printed: Name: Kerry Bigelow Title: City Clerk APPROVED AS To FORM: By: Printed: Name: Glen Goo ins Title: City Attorney Counterpart No. of manually executed and serially numbered counterparts. To the extent that the Lease created hereby constitutes chattel paper as defined in the applicable Uniform Commercial Code), no security or ownership interest herein maybe created through the transfer or possession of any Counterpart other than Counterpart fo. 1. 2020-07-28 Agenda Packet, Page 162 of 711 EXHIBIT B PAYMENT SCHEDULE PREPAYMENT CASUALTY PRICE VALUE (Including (Including RENTAL RENTAL INTEREST Prepayment Casualty PAYMENT PAYMENT PORTION PRINCIPAL OUTSTANDING Premium.,if Premium, if DATE AMOUNT 1.00% PORTION BALANCE Applicable) Applicable) 07/30/20 21363,757.44 2,3871395.01 07/30/21 244,133.29 23,137.58 220,495.71 2,143,2 1.73 NA 2,1 64,694.35 01/30/22 244,133.29 10,71 6.31 233,416.98 11909,844.76 NA 1,9281943.21 07/30/22 244,133.29 91549.23 234,584.06 1,675,260.70 NA 11692M13.30 01/30/23 244,133.29 81376.31 235i756.98 1,439,503.71 NA 1,453,898.75 07/30/23 244,133.29 71197.52 236,935.77 1,202,567.94 11)202i567.94 1,202,567.94 01/30/24 244,133.29 6,012.84 238,120.45 964,447.50 964,447.50 964,447.50 07/30/24 244,133.29 4,822.24 239,311.05 7251)136.45 725,136.45 725,1.36.45 01/30/25 244,133.29 3,165.68 240,507.61 4841)628.84 484fi28.84 484,128.84 07/30/25 244,133.29 21423.15 24,11710.14 2421,918.70 2421918.70 2421918.70 01/30/26 244,133.29 11214.59 24,21918.70 (0.00) (0.00) (0.00) Total 2,441,332.90 77,575.46 2,363,757.44 Contract Rate; Taxable Rate. The Contract Rate for this Equipment Schedule is 1.00% per annum. The Taxable Rate for this Equipment Schedule is 1.2763% per annum. Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date for this Equipment Schedule is July 3,0, 2023., [Signature page follows.] 2020-07-28 Agenda Packet, Page 163 of 711 LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista By: By: Name: Name: Title: Title: [Signature Page for Exhibit B] B-2-2 2020-07-28 Agenda Packet, Page 164 of 711 EXHIBIT G l A FORM OF AUTHORIZING RESOLUTION UTI+[N( [Foy rm not use.] 1 2020-07-2 Agenda Packet, Page 165 of 711. EXHIBIT C- A. INCUMBENCY AND AUTHORIZATION CERTIFICATE(AGREEMENT) The undersigned, a duly elected or appointed and acting of the City of Chula Vista ("Lessee") certifies as follows: A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "0Of,cials") in the capacity set forth opposite their respective names below and the facsimile signatures below are true and correct as of the date hereof; and B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of July 30, 2020 (the "Agreement") and Equipment Schedule No. 01, dated July 30, 2020 (the "Lease"), each by and between Lessee and Banc of America Public Capital Corp ("Lessor"), all documents related thereto and delivered in connection therewith, and any future modification(s) or amendments thereof(collectively, the "Operative Agreements'), and the Operative Agreements each are the binding and authorized agreements of Lessee, enforceable in all respects in accordance with their respective terms. Name of Official Title Signature Maria Kachadoorian City Manager David Bilby Director of Finance Kerry Bigelow City Clerk Glen Googins City Attorney DATED: JULY 3 012020 BY: NAME: TITLE.- (THE SIGNER OF THIS CERTIFICATE CANNOT BE LISTED ABOVE AS AUTHORIZED TO EXECUTE THE OPERATIVE AGREEMENTS.) 2020-07-28 Agenda Packet, Page 166 of 711 EXHIBIT D FORM OF OPINION OF COUNSEL To LESSEE (to be typed on letterhead of counsel) Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C II -o32-07-0 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. 01, dated July 30, 2020, to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee Ladies and Gentlemen: As legal counsel to the City of Chula Vista ("Lessee" , I have examined (a) an executed counterpart of that certain Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020 (the "Agreement") and Exhibits thereto, by and between Banc of America Public Capital Corp, as lessor ("Lessor"), and Lessee; (b) an executed counterpart of Equipment Schedule No. 01, dated July 30, 2020, by and between Lessor and Lessee, which incorporates by reference the terms and provisions of the Agreement (such Equipment Schedule No. 01 together with such incorporated terms and provisions are herein referred to collectively as the "Equipment Schedule"), has attached the Payment Schedule with respect thereto (the "Payment Schedule") executed by Lessee, and provides for the lease of certain property listed in the Equipment Schedule (the "Equipment"); (c) an executed counterpart of the ordinances or resolutions of Lessee with respect to authorization of the transaction contemplated by the Agreement, the Equipment Schedule and documents related thereto; and (d) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Agreement, the Equipment Schedule, including the terms and provisions of the Agreement incorporated therein by reference, the related Payment Schedule and the documents relating thereto are herein collectively referred to as the "Transaction Documents. Based on.the foregoing, I am of the following opinions: 1. Lessee is a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article X1 of the Constitution of the State of California, duly organized and existing under the laws of the State, and is a political subdivision of the State within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code") and the 2020-07-28 Agenda Packet, Page 167 of 711 obligations of Lessee under the Lease will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code. 2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Transaction Documents. 3. The Transaction Documents have been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms, except to the extent limited by State and Federal law affecting creditor's remedies and by bankruptcy, reorganization, moratorium or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, procurement and public bidding laws and all other applicable State or Federal laws. 5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment under the Lease, or other collateral thereunder. All capitalized terms herein shall have the same meanings as in the Transaction Documents, unless otherwise provided herein. Lessor and its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the Rental Payments, are entitled to rely on this opinion. Printed Name: Signature: Firm: Dated.- Address: Telephone No.: 2020-07-28 Agenda Packet, Page 168 of 711 EXHIBIT E FORM OF FINAL ACCEPTANCE CERTIFICATE Banc of America Public Capital Corp 1133 3 McCormick Road Hunt Valley 11 M/C MD5-032-07-05 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. 01, dated July 30, 2020, to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee Ladies and Gentlemen: In accordance with the ab,ove-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as follows: 1. All of the Equipment listed in the above-referenced. Equipment Schedule (the "Equipment Schedule") has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and/or testing of the Equipment listed in the Equipment Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement. 4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement and incorporated into the Equipment Schedule by reference are true and correct as of the date hereof. 5. (a)No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default exists at the date hereof under any Lease currently in effect; (bow no Material Adverse Change has occurred since the date of the execution and delivery of the Agreement; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or been threatened; and (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation. 2020-07-28 Agenda Packet, Page 169 of 711 Capitalized terms used, but not defined, in this Final Acceptance Certificate shall have the same meanings as when such terms are used in the Agreement. Date: LESSEE: City of Chula Vista By: Name: Title: 2020-07-28 Agenda Packet, Page 170 of 711 EXHIBIT F FORM OF SELF-INSURANCE CERTIFICATE Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C MD5-032-07-05 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. 01, dated July 30, 2020, to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee In connection with the above-referenced Equipment Schedule (the "Equipment Schedule"), the City of Chula Vista (the "Lessee") hereby warrants and represents to Banc of America Public Capital Corp the following information. The terms capitalized herein but not defined herein shall have the meanings assigned totem in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement") incorporated into the Equipment Schedule by reference. 1. The Lessee is self-insured for damage or destruction to the Equipment listed in the Equipment Schedule (herein, the "Equipment"). The dollar amount limit for property damage to the Equipment under such self-insurance program is $ 0 [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for property damage to the Equipment which policy has a dollar limit for property damage to the Equipment under such policy of$ 4] 2. The Lessee is self-insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. The dollar limit for such liability claims under the Lessee's self-insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability which policy has a dollar limit for liabilities for injury and death to persons as well. as damage or loss of property arising out of or relating to the condition or operation of the Equipment in the amount of$ 0 [3]. The Lessee maintains a self-insurance fund. Monies in the self-insurance fund [are/are not] subject to annual appropriation. The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is $ [Amounts paid from the Lessee's self-insurance fund are subject to a dollar per claim of$ .] 2020-07-28 Agenda Packet, Page 171 of 711 [3]. The Lessee does not maintain a self-insurance fund. The Lessee obtains funds to pay claims for which it has self-insured from the following sources: Amounts payable for claims from such sources are limited as follows: 4 4. Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. LESSEE: City of Chula Vista By: Name: Title: 2020-07-28 Agenda Packet, Page 172 of 711 EXHIBIT G RESERVED 2020-07-28 Agenda Packet, Page 173 of 711 EXHIBIT H FORM OF NOTICE AND ACKNOWLEDGEMENT OF AsSIGNMENT Dated BANG OF AMERICA PUBLIC CAPITAL CORP ("Assignor") hereby gives notice that, as of , 20_1 it has assigned and sold to ("Assignee") all of Assignor's right, title and interest in, to and under Equipment Schedule No. 01, dated July 30, 2020 (including the Payment Schedule attached thereto, the "Equipment Schedule"), which incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of July 30, 2020 (the "Agreement"), each by and between Assignor and the City of Chula Vista ("Lessee"), together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Lease (as such term is hereinafter defined), all of Assignor's right, title and interest in the Equipment listed in the Equipment Schedule and any other collateral (collectively, the "Assigned Property"). For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment"), "Lease" means collectively the Equipment Schedule and the terms and provisions of the Agreement incorporated therein by reference, together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "'Lease'" specifically excludes all other Equipment Schedules entered into under the Agreement and Rental Payments other than with respect to the Equipment Schedule. Each capitalized term used but not defined herein has the meaning set forth in the Agreement. 1. Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts comin due under the Lease in accordance with the terms thereof on and after the date %-1 of this Acknowledgment. 2. Lessee hereby agrees that: (i) Assignee shall have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Lease, to declare a default and to exercise all rights and remedies thereunder in connection with the occurrence of an Event of Non-appropriation or an Event of Default; and (ii) except as provided in Section 3.03 of the Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense. 2020-07-28 Agenda Packet, Page 174 of 711 3 Lessee agrees that, as of the date of this Notice and Acknowledgment of Assignment (this "Acknowledgement" , the following information about the Lease is true, accurate and complete: Number of Rental Payments Remaining Amount of Each Rental Payment $ Total Amount of Rental Payments $ Remaining Frequency of Rental Payments Next Rental Payment Due 4. The Lease remains in full force and effect, has not been amended, no Event of Default (or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder and no Event of Non-appropriation has occurred or is threatened with respect thereto. 5. Assignor hereby acknowledges the transfer restrictions imposed by Section 11.01 of the Agreement and confirms that the assignment to Assignee has been made in accordance with the provisions of that Section. 6. Any inquiries of Lessee related to the Lease, and all Rental Payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address (or such other address as provided to Lessee in writing from time to time by Assignee): 2020-07-28 Agenda Packet, Page 175 of 711 ACKNOWLEDGED AND AGREED'. LESSEE'. [FOR EXHIBIT PURPOSES ON By: Name: Title: ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP [FOR EXHIBIT PURPOSES ON By: Name: Title: 2020-07-28 Agenda Packet, Page 176 of 711 EXHIBIT I ESCROW AND ACCOUNT CONTROL AGREEMENT [Not Apel cable] 2020-07-2 Agenda Packet, Page 1.77 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: -0302 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION AND DELIVERY OF EQUIPMENT SCHEDULE NO. CMZ TO THE MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP. FOR THE ACQUISITION, FINANCING AND LEASING OF CERTAIN EMERGENCY AMBULANCE TRANSPORT' SERVICES EQUIPMENT (TO INCLUDE AMBULANCES,GURNEYS, RADIO EQUIPMENT,AND CARDIAC MONITOR EQUIPMENT) FOR THE PUBLIC BENEFIT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH;AND AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO 'THE CONSUMMATION OF THE TRANSACTIONS, CONTEMPLATED BY THIS RESOLUTION ALL IN FINAL,FORMS APPROVED BY THE CITY ATTORNEY RECOMMENDED171 Council adopt the resolution. SUMMARY On.January 28,,2020 Fire Department staff presented to Council an:overview of the plan.for Fire Department based ambulance transport. At that time, City Council approved Chula Nista Council resolution: 2020-014 directing the City]"tanager,to engage in all necessary administrative actions to implement Fire Department based emergency medical transport services, to begin negotiations for contractual service with the City of Imperial Beach and the Bonita Sunnyside Fire Protection District, and to bring back for City Council consideration,any required Council level implementation actions. .At a subsequent Fire Department presentation to Council on May 12, 2020, City Council approved the following items related to capital purchases: Resolution 2020-1.03 authorizing a purchase agreement with Republic EES for purchase of 13 ambulances; Resolution 2020-104 authorizing a purchase agreement with Stryker Medical for gurneys systems; Resolution 2020-105 authorizing a sole source purchase agreement with Zoll Medical Corporation for cardiac monitors, and autopulse systems; and Resolution 2020-10 authorizing a sole source purchase agreement with Motorola Solutions. On June 23, 20,20 Citi' Council approved steps towards implementing Fire Department operations of the ambulance transport system, to include certain start-up costs that must be funded and the purchasing process for the necessary vehicles and equipment that must be initiated. In order to provide funding for these necessary costs, Council authorized Resolution. 2020-152; a temporary loan consisting of$4,881.,71.0 1 . 0 0 1 P IiI 1 2020-07-2 Agenda Packet, Page 1.78 of 711. for phase 11 startup costs along with$4,493,100 for capital purchases totaling$9,374,810 from the available Fire Department Measure A fund balance to the Fire Department's ALS Transport Fund., At the June 23, meeting, staff advised Council of the intention to secure commercial lease financing and the likelihood of returning to Council for approval of commercial lease financing in lieu of a Measure A fund balance loan of $41493,100. The Fire Department has now secured terms for commercial lease financing of $4,493,100 from Banc of America Public Capital Corp. ("B of A") at the rate of 1% over a 5-year period to acquire the necessary Ambulance Transport equipment. This financing will relieve the previously approved loan from the available Fire Department Measure A fund balance. The B of A financing will be provided pursuant to the terms of a Master Equipment Lease/Purchase Agreement being approved under a separate City Council item on tonight's agenda for the financing of two Pierce Fire Service rigs. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEA) and has determined that the activity is not a "Project IP as defined under Section 15378 of the State CEA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CE ,A Guidelines,the activity is not subject to CE A. Thus,no environmental review is required. BOARD/COMMISSION/COMMUTTEE RECOMMENDATION Not Applicable DISCUSSION Capital Purchases This component of startup costs is the major capital equipment necessary to operate a transport system. Capital purchases comprise the largest portion of the system startup costs and can be classified as one of the four following categories: ambulances, gurney systems, cardiac monitor/res us citation equipment, and communications equipment. These collective purchases will be obtained through a capital purchase/lease bank loan and be repaid over the first five full years of operations through existing transport baseline budget allocations. ITEM Quantity Total P 2 2020-07-28 Agenda Packet, Page 179 of 711 Ambulances 13 , 15,48'5 Stryker System 13 $700) 2 doll 11 $747,845 Motorola 13 $22,8) 8 Total $4,4931100 The table below shows the revised requested loan amounts and.available F Y21 Measure A- "ire Component fund balance. ITEM Source Total Phase II Costs Measure A $41881,710 Commercial Capital Purchase Costs Loa 4)493,100 Total Potential Measure A Loan Amount $4,881)710 FY21 Available Measure A-Fire Component fund (1) $8)725)214 LOAN DETAILS The City's Finance Department conducted a competitive process back in Februarys 20� o for lease/purchase equipment finance services. Proposals were solicited from tree banks providing such services. B of A was ultimately chosen as the City's preferred lease/purchase finance services provider because of their overall qualifications and the fact that they were offering the lowest interest rate pricing. The City will receive commercial lease financing from B of A at an interest rate of 1.0%, with a five-year repayment term.. with the projected revenue from transport,the loan:,will be repaid well within the first five full fiscal years of operation.. The financing will be implemented on B of ff.'s standard leas e/purchasin.g documentation in final forms reviewed and approved by the City Attorney. DECISION-MAKER . L I Staff:has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.GovtCode§8, 100,etseq.). Notwithstanding the foregoing,it has been determined by the F'PPC that Councilmember Galvez does have a disqualifying conflict of interest on this item as result of her husband's employment with an affiliate of B of A. Accordingly, Cour cil n.ember Galvez will need to recuse herself from participating on this item. P 3 2020-07-28 Agenda Packet, Page 1.80 of 711. Staff is not independently aware and has not been informed by any other City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURREN'T-YE,AR FISCAL IMPACT There is no fiscal impact to the general fund. The total purchase cost for the ambulances, gurneys, radios, and cardiac monitors is $4,493,100 and will be funded through commercial lease financing through Bank of America. Repayment of financing is part of the, baseline operating budget of the ALS Transport fund., Fire and Finance Departments are recommending acquiring this equipment via a 5-year lease purchase agreement with B of A. The first lease purchase payment is due at completion of the manufacturing process in July of 2021;therefore,no lease payments will be due in FY20/21. ONGOING FISCAL IMPACT There is no ongoing fiscal impact to the general fund. The annual lease payments for this lease agreement will be paid from the ALS Transport fund as part oft ebaseline operating budget. These payments will occur on a bi-annual basis at a 1.00%locked interest rate for the next five years with full payment completed prior to January 2026. A'TTACHMENTS None P 4 2020-07-28 Agenda Packet, Page 18,1 of 711 RESOLUTION NO. RESOLUTION of THE CITY COUNCIL of CHULA VISTA, AUTHORIZING THE EXECUTION AND DELIVERY of EQUIPMENT SCHEDULE E NO. 02 TO TIME MASTER EQUIPMENT LEAS TURC-IASL AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP. FOR THE ACQUISITION, FINANCING ANIS LEASING of CERTAIN EMERGENCY AMBULANCE TRANSPORT EQUIPMENT TO INCLUDE AMBULANCES, MULAS, GURNEYS, RADIOEQUIPMENT, ANIS CARDIAC MONITOR EQUIPMENT)I NT) FOR THE PUBLIC BENEFIT WITHIN THE TERMS HEREIN PROVIDED;_ AUTHORIZING THE EXECUTION AND DELIVERY of OTHER DOCUMENT'S REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING THE TAKING of ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION ALL IN FINAL FORMS APPROVED BY THE CITY ATTORNEY WHEREAS,the City of Chula Vista(the "Lessee"), a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laves and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article X1 of the Constitution of the State of California, is authorized by the laws of the State of California and its Carter to acquire, fiance and lease personal property (tangible and intangible) for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the City Council of the Lessee (the `City Council")has determined that a geed exists for the acquisition, financing and leasing of certain equipment consisting of media ambulance, emergency radius and accessories, power gurney system and cardiac monitor and defibrillator and automatic CPI . devices, which constitutes personal property necessary for the Lessee to perform essential governmental functions (collectively, the "Equipment") on the terms herein provided; and WHEREAS. in order to acquire such Equipment, the Lessee proposes to enter into that certain Equipment Schedule No. 02 (the "Equipment Schedule) with Banc of America Public Capital. Corp (or one of its affiliates), as lessor (the "Lessor"), substantially in the proposed forn. resented to the City Council at this meeting,which Equipment Schedule incorporates by reference the terms and provisions of that certain blaster Equipment Lease/Purchase Agreement dated as of July 28, ?oto, by and between Lessor and Lessee (the "Agreement');; and WHEREAS, the City Council deems it for the benefit of the Lessee and for the efficient and effective administration thereof to enter into the:Equipment Schedule and the other documentation 2020-07-28 Agenda Packet, Page 1.82 of 711. relating to the acquisition, financing and leasing of the Equipment to be therein described on the terms and conditions therein and herein provided; Now,THEREFORE,BE IT RESOLVED by the City Council of the Lessee as follows: Section 1. Findings and Determinations. It is hereby found and determined that the terms of Equipment Schedule No. 02. and the Payment Schedule to the Equipment Schedule, attached thereto), in the form presented to the City Council at this meeting, are in the best interests of the Lessee for the acquisition financing and leasing of the Equipment. Section 2. Approval of Documents. The form, terms and provisions of the Equipment Schedule and the form of Payment Schedule, attached thereto, are hereby approved in substantially the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the City Manager of the Lessee or the City Attorney of the Lessee (the "Authorized Of ficials") executing the same, the execution of such documents being conclusive evidence of such approval; and the City Manager of the Lessee is hereby authorized and directed to execute, the City Clerk of the Lessee is hereby authorized and directed to attest and the City Attorney of the Lessee is hereby authorized and directed to approve as to form, the Equipment Schedule and any related Exhibits attached thereto and to deliver the Equipment Schedule (including such Exhibits) to the respective parties thereto. The Authorized Officials are each hereby authorized and directed to sign and deliver on behalf of the Lessee the Equipment Schedule under which a separate Lease as defined in the Agreement) is created, the Payment Schedule attached thereto, any related Escrow Agreement and any related exhibits attached thereto if and when required; provided, however, that, without further authorization from the City Council of the Lessee, (a) the aggregate principal component of Rental Payments under all Leases entered into pursuant to the Agreement shall not exceed $10,000,000 ($4,493,100.00 for Equipment Schedule No. 02); (b)the maximum term of the Equipment Schedule shall not exceed six years; and (c) the maximum interest rate used to determine the interest component of Rental Payments under the Equipment Schedule shall not exceed the lesser of the maximum rate permitted by law or 2.0% per annum. The Authorized Officials may sign and deliver the Equipment Schedule to the Lessor on behalf of the Lessee pursuant to the Agreement on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component,maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of one year from the date hereof during which the Authorized Officials are authorized to sign and deliver the Equipment Schedule pursuant to the Agreement on the terms and conditions herein provided. Section 3. Other Actions Authorized. The officers and employees of the Lessee shall take all action necessary or reasonably required by the parties to the Equipment Schedule to carry out, give effect to and consummate the transactions contemplated thereby(including the execution and delivery of Final Acceptance Certificate,Escrow Agreement, Disbursement Requests and any tax certificate and agreement, as contemplated in the Equipment Schedule and Agreement) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Equipment Schedule and the Agreement. 2020-07-28 Agenda Packet, Page 18,3 of 711 Section 4. No General Liability. Nothing contained in this Resolution, the Equipment Schedule,the Agreement, any Escrow Agreement nor any other instrument shall be construed with respect to the Lessee as incurring a pecuniary liability or charge upon the general credit of the Lessee or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Equipment Schedule, the Agreement, any Escrow Agreement or any other instrument or document executed in connection therewith impose any pecuniary liability upon the Lessee or any charge upon its general credit or against its taxing power, except to the extent that the Rental Payments payable under the Equipment Schedule entered into pursuant to the Agreement are limited obligations of the Lessee, subject to annual appropriation, as provided in the Agreement. Section 5. Appointment of'Authorize Lessee Representatives. The City Manager and Director of Finance of the Lessee are each hereby designated to act as authorized representatives of the Lessee for purposes of the Equipment Schedule and related Escrow Agreement until such time as the City Council of the Lessee shall designate any other or different authorized representative for purposes of the Equipment Schedule and any Escrow Agreement. Section 6. Severability. If any section,paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section,paragraph, clause or provision shall not affect any oft e remaining provisions of this Resolution. Section 7. Repealer. All bylaws, orders and resolutions or parts thereof, inconsistent herewith, are hereby repealed to the extent only of such inconsistency with respect to this Resolution. This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance or part thereof. Section 8. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. Presented y: Approved as to Form By: David Bilby Glen R. Googins Director of Finance City Attorney 2020-07-28 Agenda Packet, Page 18,4 of 711 -97 r,scrow and Account Control Agreement This Escrow and Account Control Agreement (this "Agreement"), dated as of July 30, 2020, by and among Banc of America Public Capital Corp, a Kansas corporation (together with its successors and assigns, hereinafter referred to as "Lessor"), the City of Chula Vista, a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article XI of the Constitution of the State of California (hereinafter referred to as "Lessee") and Bank of America, National Association, a national banking association organized under the laws of the United States of America (hereinafter referred to as "Escrow Agent"). Reference is made to that certain Schedule of Property No. 02, dated as of July 30, 2o2O, to Master Equipment Lease/Purchase Agreement dated as of July 30, 2020, between Lessor and Lessee (hereinafter referred to as the "Lease"), covering the acquisition and lease of certain Equipment described therein (the "Equipment"). It is a requirement of the Lease that the Acquisition Amount ($4,493,100.00) be deposited into a segregated escrow account under terms satisfactory to Lessor, for the purpose of fully funding the Lease, and providing a mechanism for the application of such amounts to the purchase of and payment for the Equipment. NOW, THEREFORE,, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Creation of Escrow Account. (a) There is hereby created an escrow fund to be known as the "Chula Vista CA Schedule No. 02 Escrow Account" (the "Escrow Account") to be held by the Escrow Agent for the purposes stated herein, for the benefit of Lessor and Lessee, to be held, disbursed and returned in accordance with the terms hereof. (b) Lessee may, from time to time, provide written instructions for Escrow Agent to use any available cash in the Escrow Account to purchase any money market fund or liquid deposit investment vehicle that Escrow Agent from time to time makes available to the parties hereto. Such written instructions shall be provided via delivery to Escrow Agent of a signed and completed Escrow Account Investment Selection Form (such form available from Escrow Agent upon request). All funds invested by Escrow Agent at the direction of Lessee in such short-ten-n investments (as more particularly described in Escrow Agent's Escrow Account Investment Selection Form) shall be deemed to be part of the Escrow Account and subject to all the terms and conditions of this Agreement. if any cash is received for the Escrow Account after the cut-off time for the designated short-term investment vehicle, the Escrow Agent shall hold such cash uninvested until the next Business Day. In the absence of written instructions from Lessee (on Escrow Agent's Escrow Account Investment Selection Form) designating a short- term investment of cash in the Escrow Account, cash in the Escrow Account shall remain uninvested and it shall not be collateralized. Escrow Agent shall have no obligation to pay interest on cash in respect of any period during wbich it remains uninvested. Lessee shall be March 2019 1 2020-07-28 Agenda Packet, Page 18,5 of 711 solely responsible for ascertaining that all proposed investments and reinvestments are Qualified Investments and that they comply with federal, state and local laws, regulations and ordinances governing investment of such funds and for providing appropriate notice to the Escrow Agent for the reinvestment of any maturing investment. Accordingly, neither the Escrow Agent nor Lessor shall be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of all or any portion of the moneys on deposit in the Escrow Account, and Lessee agrees to and does hereby release the Escrow Agent and Lessor from any such liability, cost, expenses, loss or claim. Interest on the Escrow Account shall become part of the Escrow Account, and gains and losses on the investment of the moneys on deposit in the Escrow Account shall be borne by the Lessee. The Escrow Agent shall have no discretion whatsoever with respect to the management, disposition or investment of the Escrow Account. The Escrow Agent shall not be responsible for any market decline in the value of the Escrow Account and has no obligation to notify Lessor and Lessee of any such decline or take any action with respect to the Escrow. Account, except upon specific written instructions stated herein. For purposes of this Agreement, "Qualified Investments" means any investments which meet the requirements of California Government Code Section 53601. (c) Unless the Escrow Account is earlier terminated in accordance with the provisions of paragraph (d) below, amounts in the Escrow Account shall be disbursed by the Escrow Agent in payment of amounts described in Section 2 hereof upon receipt of written instruction(s) from Lessor, as is more fully described in Section 2 hereof. If the amounts in the Escrow Account are insufficient to pay such amounts, Lessee shall provide any balance of the funds needed to complete the acquisition of the Equipment. Any moneys remaining in the Escrow Account on or after the earlier of(i) the expiration of the Acquisition Period or (ii) the date on which Lessee executes an Acceptance Certificate shall be applied as provided in Section 4 hereof. (d) The Escrow Account shall be terminated at the earliest of (i) the final distribution of amounts in the Escrow Account, (ii) the date on which Lessee executes a Final Acceptance Certificate or (iii) written notice given by Lessor of the occurrence of an Event of Default under the Lease or termination of the Lease due to an Event of ori-appropriation. Notwithstanding the foregoing, this Agreement shall not terminate nor shall the Escrow Account be closed until all funds deposited hereunder have been disbursed. (e) The Escrow Agent may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Escrow Agent shallnot be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder shall, be limited to the receipt of such moneys, instruments or other documents received by it as the Escrow Agent, and for the disposition of the same in accordance herewith. fNotwithstanding and without limiting the generality of the foregoing, concurrent with the execution of this Agreement, Lessee and Lessor, respectively, shall deliver to the Escrow Agent an authorized signers form in the forte of Exhibit A-I (.Lessee) and Exhibit A-2 (Lessor) attached hereto. Not withstanding the foregoing sentence, the Escrow Agent is authorized to comply with, and rely upon any notices, instructions or other March 2019 2 2020-07-28 Agenda Packet, Page 18,6 of 711 communications believed by it to have been sent or given by the parties or by a person or persons authorized by the parties. The Escrow Agent specifically allows for receiving direction by issi written or electronic transmission from an authorized representative with the following caveat, ri 1 1 Lessee and Lessor agree to indemnify and hold harmless the Escrow Agent against any and all claims, losses, damages, liabilities, judgments, costs and expenses (including reasonable attorneys' fees) (collectively, "Losses") incurred or sustained by the Escrow Agent as a result of or in connection with the Escrow Agent's reliance upon and compliance with instructions or directions given by written or electronic transmission given by each, respectively, provided, however, that such Losses have not arisen from the gross negligence or willful misconduct of the Escrow Agent, it being understood that forbearance on the part of the Escrow Agent to verify or confirm that the person giving the instructions or directions, is, in fact, an authorized person shall not be deemed to constitute gross negligence or willful misconduct. In the event conflicting instructions as to the disposition of all or any portion of the Escrow Account are at any time given by Lessor and Lessee, the Escrow Agent shall abide by the instructions or entitlement orders given by Lessor without consent of the Lessee. (f) Unless the Escrow Agent is guilty of gross negligence or willful misconduct with regard to its duties hereunder, Lessee agrees to and does hereby release and indemnify the Escrow Agent and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Escrow Agent under this Agreement; and in connection therewith, does to the extent permitted by law indemnify the Escrow Agent against any and all expenses,; including reasonable attorneys" fees and the cost of defending any action, suit or proceeding or resisting any claim. (g) If Lessee and Lessor shall be in disagreement about the interpretation of the Lease, or about the rights and obligations, or the propriety of any action contemplated by the Escrow Agent hereunder, the Escrow Agent may, but shall not be required to, file an appropriate civil action including an interpleader action to resolve the disagreement. The Escrow Agent shall be reimbursed by Lessee for all, costs,, including reasonable attorneys' fees,, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under the Lease until, a final,judgment in such action is received. (h) The Escrow Agent may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Escrow Agent shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful, misconduct. (i) Lessee shall reimburse the Escrow Agent for all reasonable costs and expenses, including those of the Escrow Agent's attorneys, agents and employees incurred for non-routine administration of the Escrow Account and the performance of the Escrow Agent's powers and duties hereunder in connection with any Event of Default under the Lease, any termination of the Lease due to an Event of Non-appropriation or in connection with any dispute between Lessor and Lessee concerning the Escrow Account. March 2019 3 2020-07-28 Agenda Packet, Page 18,7 of 711 The Escrow Agent or any successor may at any time resign by giving mailed notice to Lessee and Lessor of its intention to resign and of the proposed date of resignation (the "Effective Date"), which shall be a date not less than 60 days after such notice is delivered to an express carrier, charges prepaid, unless an earlier resignation date and the appointment of a successor shall have been approved by the Lessee and Lessor. After the Effective Date, the Escrow Agent shall be under no further obligation except to hold the Escrow Account in accordance with the terms of this Agreement, pending receipt of written instructions from Lessor regarding further disposition of the Escrow Account. (k) The Escrow Agent shall have no responsibilities, obligations or duties other than those expressly set forth in this Agreement and no implied duties responsibilities or obligations shall be read into this Agreement. 2 V. Acquisition of Property. (a) Acquisition Contracts. Lessee will arrange for, supervise and provide for, or cause to be supervised and provided for, the acquisition of the Equipment, with moneys available in the Escrow Account. Lessee represents the estimated costs of the Equipment are within the funds estimated to be available therefor, and Lessor makes no warranty or representation with respect thereto. Lessor shall have no liability under any of the acquisition or construction contracts. Lessee shall obtain all necessary permits and approvals, if any, for the acquisition, equipping and installation of the Equipment, and the operation and maintenance thereof. Escrow Agent shall have no duty to monitor or enforce Lessee's compliance with the foregoing covenant. (b) Authorized Escrow Account Disbursements. It is agreed as between Lessee and Lessor that disbursements from the Escrow Account shall be made for the purpose of paying (including the reimbursement to Lessee for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring the Equipment. (c) R,eu,isition Procedure. No disbursement from the Escrow Account shall be made unless and until Lessor has approved such requisition. Prior to disbursement from the Escrow Account there shall be filed with the Escrow Agent a requisition for such payment in the fon-n of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. All disbursements shall be made by wire transfer. The Escrow Agent is authorized to obtain and rely on confirmation of such Disbursement Request and payment instructions by telephone call-back to the person or persons designated for verifying such requests on Exhibit A-2 (such person verifying the request shall be different than the person initiating the request). The Lessor and Lessee hereby confirm that any call-back performed by Escrow Agent to verify a disbursement instruction pursuant to a Disbursement Request submitted pursuant to this Section 2(c) before release, shall be made to Lessor only and Escrow Agent shall have no obligation to call-back Lessee. Each such Disbursement Request shall be signed by an authorized representative of Lessee 'an "Authorized Representative"") and by Lessor, and shall be subject to the following March 2019 4 2020-07-28 Agenda Packet, Page 18,8 of 711 conditions, which Escrow Agent shall conclusively presume have been satisfied at such time as a requisition executed by Lessee and Lessor is delivered to it 1. Delivery to Lessor of an executed Disbursement Request in the form attached hereto as Schedule 1; and 2. Delivery to Lessor of copies of invoices (and proofs of payment of such invoices, if Lessee seeps reimbursement) and bills of sale if title to such Equipment has passed to Lessee) therefor as required by Section 3.04 of the Lease and any additional documentation reasonably requested by Lessor. Lessee and Lessor agree that their execution of the form attached hereto as Schedule 1 and delivery of the executed form to Escrow Agent confirms that all of the requirements and conditions with respect to disbursements set forth in this Section 2 have been satisfied. . Deposit to Escrow Account. Upon satisfaction of the conditions specified in. Section 3.04 of the Lease Lessor will cause the Acquisition Amount to , q e deposited in the Escrow Account. Lessee agrees to pay any costs with respect to the Equipment in excess of amounts available therefor in the Escrow Account. 4. Excessive Escrow Account* Upon receipt of written instructions from Lessor including p (upon whichlnc a In are resentat�on t at one (� t e +� oti�ln conltlons as een satin �e representation Escrow Agent shall conclusively rely), any funds remaining in the Escrow Account on or after the earlier of(a) the expiration of the Acquisition Period or (b) the date on. which Lessee executes an acceptance Certificate, or upon a termination of the Escrow account as otherwise provided herein, shall be distributed by the Escrow Agent to the Lessor in order for the Lessor to apply such funds to amounts owed by Lessee under the Lease in accordance with Section 4.07 of the Lease.. 5 Security Interest. The Escrow Agent and Lessee acknowledge and agree that the Escrow Account and all proceeds thereof are beim held. by Escrow Agent for disbursement or return as set forth herein. Lessee hereby grants to Lessor a first priority perfected security interest in the Escrow Account, and all proceeds thereof, and all investments made with any amounts in the Escrow Account. If the Escrow .Account, or any past thereof, is converted to investments as set forth in this Agreement, such investments shall be made in the name of Escrow Agent and time Escrow Agent hereby agrees to hold such investments as bailee for Lessor so that Lessor is deemed to have possession of such investments for the purpose of perfecting its security interest. . Control of Escrow Account. to order to perfect Lessor's security interest by means of control in i) the Escrow Account established hereunder, (ii) all securities entitlements, investment property and other financial assets now or hereafter credited to the Escrow Account, (iii) all of Lessee's rights in respect of the Escrow Account, such securities entitlements, investment property and other financial assets, and iv all products, proceeds and revenues of and from any of the foregoing personal property (collectively, the "Collateral"), Lessor, Lessee and Escrow Agent further agree as follows: March 2019 5 2020-07-28 Agenda Packet, Page 1.89 of 711. (a) All terms used in this Section 6 which are defined in the Commercial Code of the state! of California ("Commercial Code") but are not otherwise defined herein shall have the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement. (b) Escrow Agent will comply with all entitlement orders originated by Lessor with respect to the Collateral, or any portion of the Collateral, without further consent by Lessee. (c) Provided that account investments shall be held in the name of the Escrow Agent, Escrow Agent hereby represents and warrants (a) that the records of Escrow Agent show that Lessee is the sole owner of the Collateral, (b) that Escrow Agent has not been served with any notice of levy or received any notice of any security interest in or other claim to the Collateral, or any portion of the Collateral, other than Lessor's claim pursuant to this Agreement, and (c) that Escrow Agent is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Escrow Agent is obligated to accept from Lessor under this Agreement and entitlement orders that Escrow Agent, subject to the provisions of paragraph (e) below, is obligated to accept from Lessee. (d) Without the prior written consent of Lessor, Escrow Agent will not enter into any agreement by which Escrow Agent agrees to comply with any entitlement order of any person other than Lessor or, subject to the provisions of paragraph (e) below, Lessee, with respect to any portion or all of the Collateral. Escrow Agent shall promptly notify Lessor if any person requests Escrow Agent to enter into any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any portion or all of the Collateral. (e) Except as otherwise provided in this paragraph (e) and subject to Section l(b) hereof, Lessee may effect sales, trades, transfers and exchanges of Collateral within the Escrow Account, but will not, without the prior written consent of Lessor, withdraw any Collateral, from the Escrow Account. Escrow Agent acknowledges, that Lessor reserves the right, by delivery of written notice to Escrow Agent, to prohibit Lessee from effecting any withdrawals (including withdrawals of ordinary cash dividends and interest income), sales, trades, transfers or exchanges of any Collateral held in the Escrow Account. Further, Escrow Agent hereby agrees to comply with any and all written it delivered by Lessor to Escrow Agent (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Lessor, the amount of any obligations of Lessee to Lessor, the validity of any of Lessor's claims against or agreements with Lessee, the existence of any defaults under such agreements, or any other matter. (f) Lessee hereby irrevocably authorizes Escrow Agent to comply with all instructions and entitlement orders delivered by Lessor to Escrow Agent. (g) Escrow Agent will not attempt to assert control, and does not claim and will. not accept any security or other interest in, any part of the Collateral, and Escrow Agent will not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever. March 2019 6 2020-07-28 Agenda Packet, Page 190 of 711 (h) Escrow Agent and Lessee hereby agree that any property held in the Escrow Account shall be treated as a financial asset under such section of the Commercial Code as corresponds with Section 8-102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Escrow Agent may be a party. (1) Escrow Agent is hereby authorized and instructed, and hereby agrees, to send to Lessor at its address set forth in Section 8 below, concurrently with the sending thereof to Lessee, duplicate copies of any and all monthly Escrow Account statements or reports issued or sent to Lessee with respect tothe Escrow Account. 7. Information Required Under USA PATRIOT ACT. The parties acknowledge that in order to help the United States government fight the funding of terrorism and money laundering activities, pursuant to Federal regulations that became effective on October 1, 2003 (Section 326 of the USA PATRIOT Act) all financial institutions are required to obtain, verify, record and update information that identifies each person establishing a relationship or opening an account. The parties to this Agreement agree that they will provide to the Escrow Agent such information as it may request, from time to time, in order for the Escrow Agent to satisfy the requirements of the USA PATRIOT Act, including but not limited to the name, address, tax identification number and other information that will allow it to identify the individual or entity who is establishing the relationship or opening the account and may also as for formation documents such as articles of incorporation or other identifying documents to be provided. 8. Miscellaneous. Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease. This Agreement may not be amended except in writing signed by all parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original it and each shall have the force and effect of an original and all of which together constitute, and shall be deemed to constitute, one and the same instrument. Notices hereunder shall be made in writing and shall be deemed to have been duly given when personally delivered or when deposited in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation,, addressed to each party at its address below. Notices and other communications hereunder may be delivered or furnished by electronic mail proyided that any formal notice be attached to an email message in PDF format and provided further that any notice or other communication sent to an e-mail address shall be deemed received upon and only upon the sender's receipt of affirmative acknowledgement or receipt from the intended recipient. For purposes hereof no acknowledgement of receipt generated on an automated basis shall 'be deemed sufficient for any purpose hereunder or admissible as evidence of receipt. March 2019 7 2020-07-28 Agenda Packet, Page 191 of 711 If to Lessor: Banc of America Public Capital Corp 113 3 3 McCormick Road Mail Code: 1"` D5-032-,07-,05 Hunt Valley, MD 21031 Attn: Contract Administration Fax: (443) 541-3057 If to Lessee: City of Chula Vista 276 4 1h Avenue Chula Vista, CA 91910 Attn: Finance Department Fax: (619) 409-5814 If to Escrow Agent Bank of America,National Association Global Custody and Agency Services 540 W. Madison Street Mail Code: 14- 40-21-0 Chicago, Illinois 60661. Attention: GCAS Al's RS Escrow Service Telephone: (312) 992-3272 Fax: (3 1.2) 3-4443 Email: gcas amrs—escrow—client—service(�bofa.com 9. Lessee and Lessor understand and agree that they are required to provide the Escrow Agent with a properly completed and signed Tax Certification (as defined below) and that the Escrow Agent may not perform its duties hereunder without having been provided with such Tax Certification. As used herein "Tax Certification" shall mean an IRS form W-9 or W-8 as described above. The Escrow Agent will comply with any U.S. tax withholding or backup withholding and reporting requirements that are required by law. With respect to earnings allocable to a foreign person, the Escrow Agent will withhold U.S. tax as required by law and report such earnings and taxes withheld, if any, for the benefit of such foreign person on IRS Form 1042-S (or any other required form), unless such earnings and withheld taxes are exempt from reporting under Treasury Regulation Section 1.1461-I(c)(2)(ii) or under other applicable law. With respect to earnings allocable to a United States person, the Escrow Agent will report such income, if required, on IRS Form 1099 or any other form required by law. The IRS Forms 1099 and/or 1042-S shall show the Escrow Agent as payor and Lessee as, payee. Escrow Agent shall recognize Lessee as the designated party for regulatory reporting purposes. Lessee and Lessor agree that they are not relieved of their respective obligations, if any, to prepare and file information reports under Code Section 6041, and the Treasury regulations thereunder, with respect to amounts of imputed interest income, as determined pursuant to Code Sections 483 or 1272. The Escrow Agent shall not be responsible for determining or reporting such imputed interest. March 2019 8 2020-07-28 Agenda Packet, Page 192 of 711 10. This Agreement shall be governed by and construed in accordance with the laws of the State of California and the parties hereto consent to jurisdiction in the State of California and venue in any state or Federal court located in the City of San Diego. 11. Any bank or corporation into which the Escrow Agent may be merged or with which it may be consolidated, or any bank or corporation to whom the Escrow Agent may transfer a substantial amount of its escrow business, shall be the successor to the Escrow Agent without the execution or filing of any paper or any further act on the part of any of the parties, anything herein to the contrary notwithstanding. Any bank or corporation into which the Lessor may be merged or with which it may be consolidated, or any bank or corporation to whom the Lessor may transfer a substantial amount of its business, shall be the successor to the Lessor without the execution or filing of any paper or any further act on the part of any of the parties, anything herein tothe contrary notwithstanding. 12. This Agreement may be amended, modified, and/or supplemented only by an instrument in writing executed by all parties hereto. 13. No party hereto shall assign its rights hereunder until its assignee has submitted to the Escrow Agent (i) Patriot Act disclosure materials and the Escrow Agent has determined that on the basis of such materials it may accept such assignee as a customer and (ii) assignee has, delivered an IRS Form W-8 or W-9, as appropriate, to the Escrow Agent which the Escrow Agent has determined to have been properly signed and completed. 14. Escrow Agent will treat information related to this Agreement as confidential but, unless prohibited by law, Lessee and Lessor authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates and other representatives and advisors of Escrow Agent and third parties, selected by any of them, wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Escrow Agent and any such subsidiary, officer, affiliate or third party may transfer or disclose any such information as required by any law, court, regulator or legal process. Lessor will treat information related to this Agreement as confidential but, unless prohibited by law, Escrow Agent and Lessee authorize the transfer or disclosure of any information relating to the Agreement to and between the subsidiaries, officers, affiliates, other representatives and advisors of Lessor and debt and equity sources and third parties selected by any of them, and to their prospective assignees wherever situated, for confidential use in the ordinary course of business, and further acknowledge that Lessor and any such subsidiary, officer, affiliate, debt and equity source or third party or prospective assignee may transfer or disclose any such information as required by any law, court, regulator or legal process. Lessee will treat the terms of this Agreement as confidential except on a "need to know" basis to persons within or outside Lessee's organization (including affiliates of such party)�, such as attorneys, accountants, bankers, financial advisors, auditors and other consultants of such party and its affiliates, except as required by any law, court, regulator or legal process and except pursuant to the express prior written consent of the other parties, which consent shall not be unreasonably withheld; March 2019 9 2020-07-28 Agenda Packet, Page 193 of 711 In Witness Whereof, the parties have executed this Escrow and Account Control Agreement as of the date first above written. Banc of America Public Capital Corp City of Chula Vista as Lessor as Lessee By: By: Name: Name: Title: Title: Bank of Americal National Association ATTEST.' As Escrow Agent By: By: Name: Kerry Bigelow Name: Title: City Clerk Title: APPROVED AS To FORM: By: Printed: Name: Glen Goo ins Title: City Attorney March 2019 10 2020-07-28 Agenda Packet, Page 194 of 711 to the Escrow and Account Control Agreement FORM of DISBURSEMENT REQUEST Re: Schedule of.Property No. 02 dated as of July 30,2020,to Master Equipment Lease/Purchase Agreement dated as of July 30,2020,by and between Banc of America Public Capital Corp,as Lessor,and the City of Chula Vista,as Lessee(the`Lease")(Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Lease.) In accordance with the terms of the Escrow and Account Control Agreement,dated as of July 30,2020 (the "Escrow and Account Control Agreement") by and. among Banc of America Public Capital Corp ("Lessor"), the City of Chula Vista ("Lessee") and Bank of America, National Association, (the "Escrow Agent"), the undersigned hereby requests the Escrow Agent pay the following persons the following amounts from the Escrow Account created under the Escrow and Account Control.Agreement for the following purposes: Disbursement Amounts: Payee's Name and Address Invoice Number Dollar Amount Purpose <Payee's Name> <invoice list OR `see invoice arnount> <general description of <Payee Address I> attached"with a equipment; ex"police cruiser"> <Payee Address 2> spreadsheet: Payee Address 3> Payee Bank NN a e*> Payee Bank ABA/Routing*> Payee Bank Account o* Payee Account Name*> *Payee Address and Payee Bank information is required.> Payee's NTa ne> <in.voice list OR"see <invoice arno nt> <general description of Payee Address 1> attached"with a equipment; ex"police cruiser" Payee Address 2> spreadsheet: Payee Address 3 <Payee Bank Nµam.e*> <Payee Bank ABA/pouting* <Payee Bank Account WNo* <Payee Account Name*> *Payee Address and Payee Bank information is re wired.. Lessee hereby represents,covenants and warrants for the benefit of Lessor on the date hereof as follows: 2020-07-2 Agenda Packet Page 195 of 711. (i) (a) Each obligation specified in the table herein titled as "Disbursement Amounts" has been incurred by Lessee in the stated amount, (b) the same is a proper charge against the Escrow Account for costs relating to the Equipment identified in the Lease, and (c) has not been paid (or has been paid by Lessee and Lessee requests reimbursement thereof). (ii) Each item of Equipment relating to an obligation specified in the table herein titled as "Disbursement Amounts" has been delivered, installed and accepted by Lessee. Attached hereto is a copy of the invoice with respect to such obligation. (iii) The undersigned, as Authorized Representative, has no notice of any vendor's, mechanic's or other liens or rights to liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made. (iv) This requisition contains no item representing payment on account, or any retained percentages which Lessee is,at the date hereof,entitled to retain(except to the extent such amounts represent a reimbursement to Lessee). (v) The Equipment is insured in accordance with the Lease. (vi) No Event of Default, and no event which with notice or lapse of time, or both, would become an Event of Default, under the Lease has occurred and is continuing at the date hereof. No Event of Non appropriation. has occurred or is threatened with respect to the Lease. (vii) The disbursement shall occur during the Acquisition Period. (viii) The representations, warranties and covenants of Lessee set forth in the Lease are true and correct as of the date hereof. (ix) No Material Adverse Change has occurred since the date of the execution and delivery of the Lease. Dated: CITY OF CHULA VISTA By: Name: Title: Disbursement of funds from the Escrow Account in accordance with the foregoing Disbursement Request hereby is authorized BANCA OF AMERICA PUBLIC CAPITAL CORP as Lessor under the Lease ley. Tame: Title: 2020-07-28 Agenda Packet, Page 196 of 711 [AN"EXI-11BIT A-I"MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF TIJE AGREEMENT] EXHIBIT A-1 FORM OF INCUMBENCY ANTI AUTHORIZATION CERTIFICATE The undersigned, a duly elected or appointed and acting of the City of Chula Vista("Lessee") certifies as follows: A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "0p cials") in the capacity set forth opposite their respective names below and the Wi facsimile signatures below are true and correct as of the date hereof; B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Schedule of Property No. 02, dated as of July 30, 2020, to Master Equipment Lease/Purchase Agreement dated as of July 30, 2020, by and between Lessee and Banc of America Public Capital Corp ("Lessor"'), the Escrow and Account Control Agreement dated as of July 30, 2020, by and among Lessor, Lessee and Bank of America, National Association, as Escrow Agent, all documents, related thereto and delivered in connection therewith, and any future modification(s) or amendments thereof (collectively, the "Operative Agreements"), and the Operative Agreements each are the binding and authorized agreements, of Lessee, enforceable in all respects in accordance with their respective terms. Name of Official Title Signature Maria Kachadoorian City Manager David Bilby Director of Finance Kerry Bigelow City Clerk Glen Googins City Attorney Dated: July 30, 2020 By: Narne: Title: (Tole signer of this Certificate cannot be listed above as authorized to execute the Agreements.) 2020-07-28 Agenda Packet, Page 197 of 711 [AN"EXI-11BIT A-2"MUST BE COMPLETED AND EXECUTED AT TIME OF EXECUTION OF THE AGREEMENT] EXHIBIT - Escrow and Account Control Agreement dated as of July 30, 2020, by and among Bane of America Public Capital Corp, as Lessor, the City of Chula Vista, as Lessee and Bank of America, National Association, as Escrow Agent Certificate of Authorized Representatives— [Lessor] Name: Augustine Reichenbach Name: Jennifer Schlosser Title: Authorized Agent Title: Authorized Agent Phone: 443-541-2613 Phone: 443-541-3685 Facsimile: 904-312-6101 Facsimile: 804-662-1781 E-mail: Au,gustine.reichenbachL&bofa.com E-mail: Jennifer.schlosserG&bofa.com Signature: Signature: Fund Transfer/Disbursement Authority Level: Fund Transfer/Disbursement Authority Level: El Initiate El Initiate El Verify transactions initiated by others 0 Verify transactions initiated by others Name: Bridgett Arnold Name: Yvette Montalvo-Baron. Title: Authorized Agent Title: Authorized Agent Phone: 415-765-1867 Phone: 443-,765-7371 Facsimile: 415-765-7373 Facsimile: 415-,765-7373 E-mail: Bridgett.arnoldgbofaxom E-mail: Yvette.m.m,ontalvo—baronC&,bo fa.com Signature: Signature: Fund Transfer/Disbursement Authority Level: Fund Transfer/Disbursement Authority Level: 0 Initiate 0 Initiate 0 Verify transactions initiated by others 0 Verify transactions initiated by others 2020-07-28 Agenda Packet, Page 198 of 711 Name: Eileen.Harwell lame. Title: Authorized Agent Title: Phone: 415-765-189 7 Phone: Facsimile: 41.5-343-0531 Facsimile: E-mail: Eieen.harwell@bofa.camE-mail: Signature: Signature: Fund Transfer/Disbursement Authority Level: Fund Transfer/Disbursement Authority Level: El Initiate El Initiate ❑ Verify transactions initiated by others 0 Verify transactions initiated by others The Escrow Agent is authorized to comply with and rely upon any notices, instructions or other communications believed by it to have been sent or given by the person or persons identified above including without limitation, to initiate and verify funds transfers as indicated. Banc of America Public Capital Corp By: Marne; Title: Date 2020-07-2 Agenda Packet, Page 199 of 711. LIST OF EXHIBITS Equipment Schedule—General Equipment Exhibit B Payment Schedule Exhibit C-1 A Form of Authorizing Resolution (Agreement) Exhibit C-2A Incumbency and Authorization Certificate (Agreement) Exhibit D Form of Opinion of Counsel to Lessee Exhibit E Form of Final Acceptance Certificate Exhibit F Form of Self-Insurance Certificate Exhibit G Reserved Exhibit H Form of Notice and Acknowledgement of Assignment Exhibit I Form of Escrow and Control Agreement 2020-07-28 Agenda Packet, Page 200 of 711 EQUIPMENT SCHEDULE,No.02-GENERAL EQUIPMENT Re: Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, between Banc of America Public Capital Corp, a Kansas corporation, as Lessor, and the City of Chula Vista, as Lessee 1. Defined Terms. All terms used herein have the meanings ascribed to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"). 2. Equipment. For purposes of the Lease created hereby, the following items of Equipment are hereby included under this Equipment Schedule together with all attachments, additions, accessions, parts, repairs, improvements, replacements and substitutions thereto as provided in the Agreement. Equipment Description: Medix Ambulance-, 13 Type I MSV 170" Patient Compartment built on 2020 Ford F-450 4 X 2 Diesel Powered Chassis, Two Door Cab Motorola emergency radios and accessories: Thirteen AP 00 7/800 MHZ Dual Head Mobile Radio with necessary accessories (antennas, cables, microphones, etc.) and Twenty-six APX6000 7/800 MHZ Portable Radio with necessary accessories (chargers, batteries, microphones, etc.) Stryker Power Gurney System with Powered Loading System, and Stairchairs Zoll, Cardiac Monitor and Defibrillator and Automatic CPR Devices Equipment Location: 1800 Maxwell Road, Chula Vista CA 91911. 3. Payment Schedule. (a) Rental Paments,. Commencement Date. The Rental Payments shall be in such y amounts and payable on such Rental Payment Dates as set forth in the Payment Schedule attached to this Equipment Schedule and incorporated herein by this reference, subject to adjustment upon the occurrence of an Event of Taxability as provided in Section 4.06 of the Agreement. Lessee's obligation to pay Rental Payments under the Lease created hereby shall commence on the earlier of (i) the date on which the Equipment listed in this Equipment Schedule is accepted by Lessee in the manner described in Section 5.01 of the Agreement, as evidenced by the Final Acceptance Certificate executed by Lessee and substantially in the form of Exhibit E attached to the Agreement, or (ii) the date on which the Acquisition Amount is deposited in an Escrow Account for the purpose of acquiring and installing the Equipment listed in this Equipment Schedule pursuant to Section 3.o4(c) of the Agreement (the earlier of such two dates being herein referred to as the "Commencement Date 2020-07-28 Agenda Packet, Page 201 0f 711 (b) Prepayment Pace Schedule. The Prepayment price on each Rental Payment Date shall be the amount set forth for such Rental payment Date in the ` prepayment .price" column of the Payment Schedule attached to this Equipment Schedule plus all. Rental payments then due (including the Rental Payment due on such Rental Payment Date) plus all other amounts then ming under this Equipment Schedule. 4. Representations, Warranties and Covenants. :Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement (particularlySection 2.01 thereof) are true and correct as though made on the Commencement Date. Lessee further represents and warrants that a no Material. Adverse Change has occurred since the dated date of the Agreement; b) no Event of:Default has occurred and is continuing under any Lease currently in effect; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or is threatened; d no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation; (e) the City Council of Lessee has authorized the execution and delivery of the Agreement and this Equipment Schedule, (f) the Equipment listed in this Equipment Schedule is essential to the functions of Lessee or to the services essee provides its citizens; g) Lessee has an immediate need for, an expects to male immediate use of, substantially all such Equipment, which will be used by Lessee only fort e purpose of performing one or more ofLessee's governmental or proprietary functions consistent with the permissible scope of its authority; and (h) Lessee expects and anticipates adequate funds to be available for all future payments or rent due after the current budgetary period. 5. The Lease. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Equipment Schedules or Equipment listed on other Equipment Schedules) are hereby incorporated into this Equipment Schedule by reference and made a part hereof. 6. Acquisition Amount. The Acquisition Amount that Lessor shall pay to the Escrow Agent for deposit into the Escrow Account in connection with this Equipment Schedule is $414931100.00. It is expected that by eighteen (1 8) months from the date of this Equipment Schedule No. 02, Lessee will have taken possession of all items of Equipment shown above and that the Lessee's final Disbursement Request pursuant to the Escrow Agreement will be signed by Lessee, approved by Lessor and delivered to the Escrow Agent on or before eighteen (18) months from the date of this Equipment Schedule. u. Acquisition .Period. The Acquisition Period applicable to this Equipment Schedule shall end at the conclusion of the 18th month following the date hereof. . Lease Term. The Lease Mean shall consist of the Original Mean and sig. consecutive Renewal Terms, with the final Renewal Term ending on January 3,0, 2026, subject to earlier termination pursuant to the agreement.. 9. Registration. Any Equipment that is a motor vehicle is to be registered and titled as follows 2020-07-2 Agenda Packet, Page 202 of 711. (a) Registered Owner: City of Chula Vista (b) Lien older: Banc of America Public Capital Corp Northeast Center Building 2059 Northlake Parkway Tucker, GA 30084-,5321 Lessee shall be! responsible for the correct titling of all Equipment leased hereunder. Lessee will cause the original Certificates of Title to be delivered to Lessor for retention in Lessor's files throughout the Lease Term of the Lease created hereby. [Signature page follows.] 2020-07-28 Agenda Packet, Page 203 of 711 Dated: July 30, 2020 LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista 113 3 3 McCormick Road 27nth Avenue Hunt Valley 11 Chula Vista, CA 919 10 M/C MD5-032-07-05 Attention: Finance Department Hunt Valley, MD 21031 Attention: Contract Administration Fax No.: (443) 541-3057 By: By: an Name.- Title: Title: ATTEST: By: Printed: Name: Kerry Bigelow Title: City Clerk APPROVED AS To FORM: By: Printed: Name: Glen Clog ins Title: City Attorney Counterpart No. of manually executed and serially numbered counterparts. To the extent that the Lease created hereby constitutes chattel paper as defined in the applicable Uniform Commercial Code), no security or ownership interest herein maybe created through the transfer or possession of any Counterpart other than Counterpart fo. 1. 2020-07-28 Agenda Packet, Page 204 of 711 EXHIBIT B PAYMENT SCHEDULE PREPAYMENT CASUALTY PRICE VALUE (including (including RENTAL RENTAL INTEREST Prepayment Casualty PAYMENT PAYMENT PORTION PRINCIPAL OUTSTANDING Premium, if Premium, if DATE AMOUNT 1.00% PORTION BALANCE Applicable) Applicable) 07/30/20 $0.00 $0.00 $0.00 $,4.1493,1100.00 $4,535,031.00 07/30/21 $464,055.77 $44,1931.01 $419,1124.76 $,4.1073,1975.24 NA $4.1114.1714.99 01/30/22 $464,055.77 $201369.88 $4431685.89 $316301289.35 NA $316661592.25 07/30/22 $464,055.77 $18,151.45 $445,904.32 $31184,385.03 NA $3,2161228.88 01/30/23 $464,055.77 $15.X1.93 $448,133.84 $21736,251.19 NA $2,7631613.71 07/30/23 $464,055.77 $13.01.26 $450,374.51 $21285,876.68 $2,285,876.68 $2,2851876.68 01/30/24 $464,055.77 $11,429.39 $452,126.38 $11833,250.30 $1,833,250.30 $1,8331250.30 07/30/24 $464,055.77 $91166.25 $4541889.52 $113781360.78 $11,378,i360.78 $113781360.78 01/30/25 $464,055.77 $618,91.81 $4571163.96 $921,19+x.82 $921,1.9+x.82 $921,196.82 07/30/25 $464,055.77 $41605.99 $4591449.78 $461,747.03 $461,747.03 $461,747.03 01/30/26 $464,055.77 $21308.74 $4611747.03 $0.00 $0.00 $0.00 total $4,640,557.70 $147,457.70 $4,493,100.00 Contract Rate; Taxable Rate. The Contract Rate for this Equipment Schedule is 1.00% per annum. The Taxable Rate for this Equipment Schedule is 1.2763% per annum. Prepayment Option Commencement Date. For purposes of Section 10.01 of the Agreement, the Prepayment Option Commencement Date for this Equipment Schedule is July 301 2023. [Signature page follows.] 2020-07-28 Agenda Packet, Page 205 of 711 LESSOR: LESSEE: Banc of America Public Capital Corp City of Chula Vista By: By: Name: Name: Title: Title: [Signature Page for Exhibit B] B-2-2 2020-07-28 Agenda Packet, Page 206 of 711 EXHIBIT G l A FORM OF AUTHORIZING RESOLUTION UTI+[N( [Form not used.] 1 2020-07-2 Agenda Packet, Page 207 of 711. EXHIBIT C- A. INCUMBENCY AND AUTHORIZATION CERTIFICATE(AGREEMENT) The undersigned, a duly elected or appointed and acting of the City of Chula Vista ("Lessee") certifies as follows: A. The following listed persons are duly elected or appointed and acting officials of Lessee (the "0 cials") in the capacity set forth opposite their respective names below and the Of, facsimile signatures below are true and correct as of the date hereof; and B. The Officials are duly authorized, on behalf of Lessee, to negotiate, execute and deliver the Master Equipment Lease/Purchase Agreement dated as of July 30, 2020 (the "Agreement") and Equipment Schedule No. 02, dated July 30, 2020 (the "Lease"), each by and between Lessee and Banc of America Public Capital Corp ("Lessor"), all documents related thereto and delivered in connection therewith, and any future modification(s) or amendments thereof(collectively, the "Operative Agreements'), and the Operative Agreements each are the binding and authorized agreements of Lessee, enforceable in all respects in accordance with their respective terms. Name of Official Title Signature Maria Kachadoorian City Manager David Bilby Director of Finance Kerry Bigelow City Clerk Glen Googins City Attorney DATED: JULY 3 012020 BY: NAME: TITLE.- (THE SIGNER OF THIS CERTIFICATE CANNOT BE LISTED ABOVE AS AUTHORIZED TO EXECUTE THE OPERATIVE AGREEMENTS.) 2020-07-28 Agenda Packet, Page 208 of 711 EXHIBIT D FORM OF OPINION OF COUNSEL To LESSEE (to be typed on letterhead of counsel) Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C II -o32-07-0 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. 02, dated July 30, 2020, to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee Ladies and Gentlemen: As legal counsel to the City of Chula Vista ("Lessee" , I have examined (a) an executed counterpart of that certain Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020 (the "Agreement") and Exhibits thereto, by and between Banc of America Public Capital Corp, as lessor ("Lessor"), and Lessee; (b) an executed counterpart of Equipment Schedule No. 02, dated July 30, 2020, by and between Lessor and Lessee, which incorporates by reference the terms and provisions of the Agreement (such Equipment Schedule No. O2 together with such incorporated terms and provisions are herein referred to collectively as the "Equipment Schedule"), has attached the Payment Schedule with respect thereto (the "Payment Schedule") executed by Lessee, and provides for the lease of certain property listed in the Equipment Schedule (the "Equipment"); (c) an executed counterpart of that certain Escrow and Account Control Agreement dated as of July 30, 2020 (the "Escrow Agreement"), by and among Lessor, Lessee and Bank of America, National Association, as, Escrow Agent, (d) an executed counterpart of the ordinances or resolutions of Lessee with respect to authorization of the transaction contemplated by the Agreement, the Equipment Schedule, the Escrow Agreement and documents related thereto; and (d) such other opinions, documents and matters of law as I have deemed necessary in connection with the following opinions. The Agreement, the Equipment Schedule, including the terms and provisions of the Agreement incorporated therein by reference, the related Payment Schedule, the Escrow Agreement and the documents relating thereto are herein collectively referred to as the "Transaction Documents'. Based on.the foregoing, I am of the following opinions: 1. Lessee is a municipal corporation and charter city duly organized and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Section 3, 5 and 7 of Article X1 of the Constitution of the State of California, duly organized and existing under the laws 2020-07-28 Agenda Packet, Page 209 of 711 of the State, and is a political subdivision of the State within the meaning of Section 103(c) of the Internal Revenue Code of 1986, as amended (the "Code") and the obligations of Lessee under the Lease will constitute an obligation of Lessee within the meaning of Section 103(a) of the Code, notwithstanding Section 103(b) of the Code. 2. Lessee has the requisite power and authority to lease and acquire the Equipment and to execute and deliver the Transaction Documents and to perform its obligations under the Transaction Documents. 3. The Transaction Documents have been duly authorized, approved, executed and delivered by and on behalf of Lessee and the Transaction Documents are legal, valid and binding obligations of Lessee, enforceable against Lessee in accordance with their respective terms, except to the extent limited by State and Federal law affecting creditor's remedies and by bankruptcy, reorganization, moratorium or other laws of general application relating to or affecting the enforcement of creditors' rights. 4. The authorization, approval, execution and delivery of the Transaction Documents and all other proceedings of Lessee relating to the transactions contemplated thereby have been performed in accordance with all open meeting laws, procurement and public bidding laws and all other applicable State or Federal laws. 5. There is no proceeding pending or threatened in any court or before any governmental authority or arbitration board or tribunal that, if adversely determined, would adversely affect the transactions contemplated by the Transaction Documents or the security interest of Lessor or its assigns, as the case may be, in the Equipment under the Lease, the Escrow Agreement, or other collateral thereunder. All capitalized terms herein shall have the same meanings as in the Transaction Documents,, unless otherwise provided herein. Lessor and its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the Rental Payments, are entitled to rely on this opinion. Printed Name: Signature: Firm: Dated: Address: Telephone No.: 2020-07-28 Agenda Packet, Page 210 of 711 EXHIBIT E FORM OF FINAL ACCEPTANCE CERTIFICATE Banc of America Public Capital Corp 1133 3 McCormick Road Hunt Valley 11 M/C MD5-032-07-05 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. 02, dated July 30, 2020, to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee Ladies and Gentlemen: In accordance with the ab,ove-referenced Master Equipment Lease/Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with, Lessor as follows: 1. All of the Equipment listed in the above-referenced. Equipment Schedule (the "Equipment Schedule") has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and/or testing of the Equipment listed in the Equipment Schedule as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 7.02 of the Agreement. 4. Lessee hereby reaffirms that the representations, warranties and covenants contained in the Agreement and incorporated into the Equipment Schedule by reference are true and correct as of the date hereof. 5. (a)No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default exists at the date hereof under any Lease currently in effect; (b) no Material Adverse Change has occurred since the date of the execution and delivery of the Agreement; (c) no Event of Non-appropriation under any Lease currently in effect has occurred or been threatened; and (d) no Lease has been terminated as the result of the occurrence of an Event of Default or an Event of Non-appropriation. 2020-07-28 Agenda Packet, Page 211 of 711 Capitalized terms used, but not defined, in this Final Acceptance Certificate shall have the same meanings as when such terms are used in the Agreement. Date: LESSEE: City of Chula Vista By: Name: Title: 2020-07-28 Agenda Packet, Page 212 of 711 EXHIBIT F FORM OF SELF-INSURANCE CERTIFICATE Banc of America Public Capital Corp 113 3 3 McCormick Road Hunt Valley 11 M/C MD5-032-07-05 Hunt Valley, MD 21031 Attention: Contract Administration Re: Equipment Schedule No. 02, dated July 30, 2020, to Master Equipment Lease/Purchase Agreement, dated as of July 30, 2020, by and between Banc of America Public Capital Corp, as Lessor, and the City of Chula Vista, as Lessee In connection with the above-referenced Equipment Schedule (the "Equipment Schedule"), the City of Chula Vista (the "Lessee") hereby warrants and represents to Banc of America Public Capital Corp the following information. The terms capitalized herein but not defined herein shall have the meanings assigned to them in the above-referenced Master Equipment Lease/Purchase Agreement (the "Agreement") incorporated into the Equipment Schedule by reference. 1. The Lessee is self-insured for damage or destruction to the Equipment listed in the Equipment Schedule (herein, the "Equipment"). The dollar amount limit for property damage to the Equipment under such self-insurance program is $ 0 [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for property damage to the Equipment which policy has a dollar limit for property damage to the Equipment under such policy of$ 4] 2. The Lessee is self-insured for liability for injury or death of any person or damage or loss of property arising out of or relating to the condition or operation of the Equipment. The dollar limit for such liability claims under the Lessee's self-insurance program is $ . [The Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability which policy has a dollar limit for liabilities for injury and death to persons as well. as damage or loss of property arising out of or relating to the condition or operation of the Equipment in the amount of$ 0 [3]. The Lessee maintains a self-insurance fund. Monies in the self-insurance fund [are/are not] subject to annual appropriation. The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is $ [Amounts paid from the Lessee's self-insurance fund are subject to a dollar per claim of$ .] 2020-07-28 Agenda Packet, Page 213 of 711 [3]. The Lessee does not maintain a self-insurance fund. The Lessee obtains funds to pay claims for which it has self-insured from the following sources: Amounts payable for claims from such sources are limited as follows: 4 4. Attached hereto are copies of certificates of insurance with respect to policies maintained by Lessee. LESSEE: City of Chula Vista By: Name: Title: 2020-07-28 Agenda Packet, Page 214 of 711 EXHIBIT G RESERVED 2020-07-28 Agenda Packet, Page 215 of 711 EXHIBIT H FORM OF NOTICE AND ACKNOWLEDGEMENT OF AsSIGNMENT Dated BANG OF AMERICA PUBLIC CAPITAL CORP ("Assignor") hereby gives notice that, as of , 20 " " _1 it has assigned and sold to ( Assignee ) all of Assignor's right, title and interest in, to and under Equipment Schedule No. 02, dated July 3o, 2020 (including the Payment Schedule attached thereto, the "Equipment Schedule"), which incorporates by reference the terms and provisions of that certain Master Equipment Lease/Purchase Agreement dated as of July 30, 2020 (the "Agreement"), each by and between Assignor and the City of Chula Vista ("Lessee"), together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith, the Rental Payments and other amounts due under the Lease (as such term is hereinafter defined), all of Assignor's right, title and interest in the Equipment listed in the Equipment Schedule and all of Assignor's right, title and interest in, to and under the Escrow and Account Control Agreement dated as of July 3 0, 2020 (the "'Escrow Agreement") by and among Lessee, Assignor and Bank of America, National Association, as Escrow Agent, together with the Escrow Account related thereto (collectively, the "'Assigned Property" . For purposes of this Notice and Acknowledgment of Assignment (the "Acknowledgment"), "Lease" means collectively the Equipment Schedule and the terms and provisions of the Agreement incorporated therein by reference, together with all exhibits, schedules, riders, addenda and attachments related thereto, and all certifications and other documents delivered in connection therewith. The term "Lease 11 specifically excludes all other Equipment Schedules entered into under the Agreement and Rental Payments other than with respect to the Equipment Schedule. Each capitalized term used but not defined herein has the meaning set forth in the Agreement. I. Lessee hereby acknowledges the effect of the assignment of the Assigned Property and absolutely and unconditionally agrees to deliver to Assignee all Rental Payments and other amounts comin due under the Lease in accordance with the terms thereof on and after the date %-1 of this Acknowledgment. 2. Lessee hereby agrees that: (i) Assignee shall. have all the rights of Lessor under the Lease and all related documents, including, but not limited to, the rights to issue or receive all notices and reports, to give all consents or agreements to modifications thereto, to receive title to the Equipment in accordance with the terms of the Lease, to declare a default and to exercise all rights and remedies thereunder in connection with the occurrence of an Event of Non-appropriation or an Event of Default; and (ii) except as provided in Section 3.03 of the Agreement, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in the Lease shall be absolute and unconditional in all events without abatement, diminution, deduction, set-off or defense. 2020-07-28 Agenda Packet, Page 216 of 711 3 Lessee agrees that, as of the date of this Notice and Acknowledgment of Assignment (this "Acknowledgement" , the following information about the Lease is true, accurate and complete: Number of Rental Payments Remaining Amount of Each Rental Payment $ Total Amount of Rental Payments $ Remaining Frequency of Rental Payments Next Rental Payment Due Funds Remaining in the Escrow Account $ 4. The Lease remains in full force and effect, has not been amended, no Event of Default or event which with the passage of time or the giving of notice or both would constitute a default) has occurred thereunder and no Event of Non-appropriation has occurred or is threatened with respect thereto. 5. Assignor hereby acknowledges the transfer restrictions imposed by Section 11.01 of the Agreement and confirms that the assignment to Assignee has been made in accordance with the provisions of that Section. 6. Any inquiries of Lessee related to the Lease and any requests for disbursement from the Escrow Account, and all Rental Payments and other amounts coming due pursuant to the Lease on and after the date of this Acknowledgment should be remitted to Assignee at the following address or such other address, as, provided to Lessee in writing from time to time by Assignee): 2020-07-28 Agenda Packet, Page 217 of 711 ACKNOWLEDGED AND AGREED'. LESSEE'. [FOR EXHIBIT PURPOSES ON By: Name: Title: ASSIGNOR: BANC OF AMERICA PUBLIC CAPITAL CORP [FOR EXHIBIT PURPOSES ON By: Name: Title: 2020-07-28 Agenda Packet, Page 218 of 711 EXHIBIT I ESCROW AND ACCOUNT CONTROL AGREEMENT [attached] 2020-07-2 Agenda Packet, Page 219 of 711. LOS1NG INDEX Schedule of Property No. 02 to Master Equipment Lease/Purchase,Agreement Dated July 30, 2020, between City of Chula Vista, CA(the "Lessee") and Banc of America Public Capitan Corp (the "Lessor") $4,40,31100.00 Closing: July 30, 2020 Document Person Preparing Status/Comments 1 Master quipment Lease/Purchase Agreement Lessor Kraft out 2 Schedule of Property No. 02 Lessor Kraft out 3 Payment Schedule Lessor (Kraft out 4 Certificate (Incumbency) Lessor (Kraft out 5 Resolution of Governing Body Lessee (Kraft out. Passage July 2852020 0 Sales/ Use Tax Exemption Certificate Lessee Not applicable 7 W-0 Lessee CC-1 Financing Statement Lessor Counsel g Opinion of City Attorney Lessor Counsel Kraft out. 10 IRS Form 8038-G Lessee Status? 13 Insurance Authorization Letter Lessor 14 Property Insurance Certificate Lessee 15 Liability Insurance Certificate Lessee 10 Escrow and Control Agreement Lessee Kraft out 18 lire Instruction to Escrow Agent Vendor 10 Other Wire Instructions/Invoices Lessee Not applicable 2020-07-2 Agenda Packet, Page 220 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File IIS: 20-0201 „MITI RESOLUTION OF THE CITY COUNCIL OF SHE CITY of CH LA VISTA AWARDING A CONTRACT FOR THE 'HAZEL G COOK ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS (TRF038,4)ly PROJECT ANIS "KELLOGG ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENT STL0410 " PROJECT TO HMS CONSTRUCTION, INC. IN THE AMOUNT OF 00,000; AMENDING THE FY 2020/21 CIP PROGRAM BUDGETS;TS; YW✓ APPROPRIATING FUNDS THEREFOR (4/S VOTE REQUIRED) RECOMMENDED AC"TION Council adopt the resolution. SUMMARY On July 1, 2020, the Director of Engineering and Capital Projects received four (4) bids for the "Hazel G. Cooly Elementary School Pedestrian Improvements (TRF0384)" and "Kellogg Elementary School Pedestrian. Improvements (ST1,0410))) project. The project is included in the Capital Improvement Program for Fiscal Year 20119/2020. The proposed resolution, if approved, would 1 accept bids; Z) award the contract for this project to HMS Construction, Inc. in the amount of 600,000; and 3) appropriate additional funds to cover project costs. ENVIRONMENTAL REVIEW The Director, of Development Services has reviewed the proposed project for compliance with.. the California Environmental Quality pct(CEQA) and has determined that the project qualifies for a Categorical Exemption pursuant to State CEA Guidelines Section 153011 Class 1 (Existing Facilities), Section 15302 Class 2 (Replacement or Reconstruction), and Section 15303 class 3 (New Construction or Conversion of Small Structures) because the proposed project would not result in a significant effect on the environment) create a cumulative impact, damage a scenic highway, or cause a substantial adverse change in. the Significance of a historical resource.Thus,no further environmental review is required. BOARD/COMMII'TTEE RECOMMENDAtrION Not applicable. DISCUSSION CIP projects TRF03 4 and S'TL04 01 are locally funded projects. The Scope of work includes installing curb extensions, raised medians, additional signage and striping at both. Cooly Elementary School and Kellogg 1 . 0 0 1 P IiI 1 2020-07-2 Agenda Packet, Page 221 of 711. Elementary School. The scope of'work also includes a traffic signal upgrade at the intersection of East L Street and Cuyamaca Avenue near Cook Elementary School. Bidding Process On June 5, 2020, Engineering and Capital Projects Staff advertised the project and received four (4) bids on July 1, 2020. The base,bid totals from the prime contractors were as follows: Ranking Contractor Base Bid Amount I HMS Construction, Inc. $600;000.00 2 IBX, Inc $632;082.70 3 Blue Pacific Engineering&Construction $637,887.00 [4 Tri-Group Construction&Development $64 ;111.00 The low bid by HMS Construction, Inc. of $600,000.00 is $113,901 (approximately 15.9%) below the Engineer's estimate of$713,901. HMS Construction, Inc. is currently an active licensed Class "A", General Engineering Contractor (License No. 765590) and has performed similar work in the region with satisfactory performance. Staff recommends awarding CIPTRF0384 &STL0410 to HMS Construction, Inc. and appropriating$50,100 in Traffic Signal and Gas Tax funds to cover the total project cost of $777,000 as shown below in the Current-Year Fiscal Impact section. Disclosure Statement Attachment 1 is a copy of the Contractor's Disclosure Statement. Wage Statement The Contractor that is awarded the contract and its subcontractors are required to pay prevailing wages to persons employed by them for work under this contract. The prevailing wage scales are those determined by the Director of Industrial Relations,State of California. DECISION,MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2,section 18702.2(a)(7) or (8), for purposes of the Political Reform Act(Cal. Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the appropriation of$16;600 in Traffic Signal Funds to TRF0384 and the transfer of$33,500 in Gas Tax Funds from STL,0445 to STL0410 and will initiate the construction P 12 2020-07-28 Agenda Packet, Page 222 of 711 phase of T'RF0384 and STL0410. Sufficient funds are available for said appropriations; therefore, there is no additional impact to the Traffic Signal and Gas Tax funds. Summary of Construction Costs for TRF0384 and STL0410 are as follows: Funds Regui ed for Construction (TRF0384&STL0410J A. Contract Amount $6001000 B. Contract Contingency $65fl00 C. Construction Inspection Staff Cost $65)000 D. Engineering Staff Cost $47)01001 Total Funds Ike aired for Construction $777yOOO Available Fun"n A. Project Budget(TRF0384) $576,100, B. Project Budget(STL0410) $150;800 C. Appropriation of Traffic Signal Funds (TRF0384) $16,600 D. Transfer Gas Tax Funds from STL0445 to ST'L0410 $33,500 Total Funds Available for Construction $777,0100, ONGOING FISCAL IMPACT Upon completion of the project,the improvements will require only routine street maintenance. A"I"TACHMENTS 1. Disclosure Statement 2. Project Location Map Staff Contact.- 'an Fen Liu,Associate Engineer P 3 2020-07-28 Agenda Packet, Page 223 of 711 RESOLUTION No. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA AWARDING A CONTRACT FOR THE "HAZEL G COOKELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS (TRF0384)1 AN "KELLOGG ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENT (STL0410)" PROJECT TO MMS CONSTRUCTION, INC. I THE AMOUNT of 00,000; AMENDING THE ICY 2020/21 CIP PROGRAM BUDGETS; AND APPROPRIATING FUNDS THEREFOR(4/5 VOTE REQUIRED) WHEREAS, Chapter 2.56 of the Chula Vista Municipal Code authorizes the City to contract for Public Works,, WHEREAS, on June 5, 2020, the Department of Engineering and Capital Projects solicited bids for the "Hazel O. Cooly Elementary School. Pedestrian Improvements (TRF0384)" and. "Kellogg Elementary School Pedestrian. Improvements (STL0410)" project in accordance with Chula Vista Municipal Code section 2.56.160.A- WHEREAS, .56.1 o.A;WHEREAS, on. July 1, 2020, the Director of Engineering and Capital Projects received four (4) bids for the "Hazel O. Cook Elementary School Pedestrian. Improvements (TRF0384)"' and "Kellogg Elementary School Pedestrian Improvements is (STL0410)�"project; WHEREAS, the apparent low bid for the project was submitted by l"-IMS Construction, Inc. in the amount of$600,000, which is below the Engineer's estimate of$713,901 by $113,901 (approximately 15.9%below the Engineer's estimate); WHEREAS, staff has determined that the bid submitted by l"-IMS Construction, Inc. is responsive in all material respects to the bid specifications/requirements, and. that HMS Construction, Inc. is the lowest responsive and responsible bidder; WHEREAS, staff recommends ds av ardin the contract to l"-IMS Construction, Inc. it the amount of 600,000; WHEREAS, staff recommends appropriating $16,600 from the available balance of the Traffic Signal bund to TRF03 4 and $33,500 in Gas Tax appropriations from., STL0445 to STL 410. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it awards the contract for the "Hazel, G. Cook Elementary School Pedestrian Improvements (TRF0384)" and "Kellogg Elementary School. Pedestrian. Improvements (STL0410)"' project to HMS Construction, Inc. in.the amount of$600,000. 2020-07-2 Agenda Packet, Page 224 of 711. Resolution No Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it amends the FY 2020/21 CIP Program budgets and appropriates $50,100 as follows: Summary of appropriations: • Appropriate $16,600 from the available balance of the Traffic Signal Fund to TRF0384 • Transfer $33,500 in Gas Tax appropriations from STL0445 to STL0410 Presented by Approved as to form by WILLIAM S. VALLE GLEN R. GOOGINS Director of Engineering and Capital Projects City Attorney 2020-07-28 Agenda Packet, Page 225 of 711 'ITY OF C"ULA VISTA DISCLOSURE STATEMENT' l")LII-SLurit tO COL11161 l ` 101-01, PI-ior to atly action upon matters that will reqUire discretionary action by the Council, Planning Conriti'lission, and al] other official 'bodies ofthe CitV OfChUla Vista(the "City"') astaten'ient of disclosure of certaitl owl ership or financial interests', ,,ments, ot* canipaign contribUtiOlIS for("I City election must be filed. The following information, IIILI,StI be disclosed: 1. List the Ranies o 'all persons I'mvitig a'17inancial interest in, the property that is the sub�ject olthe application or th.e contract, e.g.,., owner,applicant, contractor, SUbcontractorl, aiateiI i'al SUpplier. Michael C., f1ii,gh,...Presi"'clent, 2. If any persojI* Identified ptirsuant 'to item one (I) above is, a corporation or partiiershili, list the w naines of all individuals, with a two thousand dollars ($2,000) investiiie.nt h'i the bLISiIICSS (co rpo ratt on,/pa rt ners hi p) e,,nItit�, y-1. Eresid-ent, midlapd CA [110 1f an person* I'den.tified pUrsUant to iteni one (I) above is a tion-prof"it organization or trLISt, list th,e nanies of zatiy Person serying as director of the non-profit organization or as trUstee or beneficiary 017 tt'Llstor ofthe trust. 1 4. Please identify every person, illClUding any agents, employees, coui,,si,�tltants, or it'Wepenctent conti"actorLI have as.'Sigfie(l to represent you bet"Ot-e the fit ,,r in this niatter. Michael C. FlIgh, Presi.dent I Robut Jones. L j,ad-E.'.-stimator 5. 11a miyp erson* associated with.this.contr-act had any financial dealings %�Jth ati officia]" offl-ilt-A City,as it 11-ehales to this contract within the )ast t ,relve(12,),nionths? Yes No X N/A 2 7 4VIS I"Ieni Bid Pcic-kcige 77?[03S4(�,-S'1 L,04/0'Vidt V, I Re i-, 04(8,20/1) IfYes,,briefly,desuj'be the rlatut-e of the financial interest the official" may hne in this contract. 6. Hau m.ade a contributiol'i of more ti'lan to tiutidred fiftv dollars($'150) withiti the past twelve 12.) ji.,ionth.s to a current niember of the ChLda VistaCity' COL111611 No X 'Yes r lwYes, which Council tnetnber'� 7. Have N'OU provided tnore than three h1llidred fort r dollars($340), or an iteinofequivale'lit value, to all of the Cityin, the past twelve ('12.) inonths'?(This itlClUdes being a source ofincome, nimey to retire a [egal debt, gift, loan, etc.) Yes No- X Irf yCS,, which official" and what Nvas the]MALII-e Ofitelll provided'.) R U )P-,o N S' ®r,,$ P10 Co 0 D a t e: O(V-24i"2020 C ........ 0 J\0�p*- Signa, Lire of ContrV or/Applican.1,11110111"i1w 3 X� ,% lfflffl�'!4 F0 I whael (I 11101 JAM MIMI' Name, of Couipat�i,y, Firm or Entity Print 01,type nameof Co��iitractor-,/App,lay c-t.t,-iit Presudei-It Person is defined •as, any IndividUal. firm, co-par t'llership, "Joint Venture.. Assoc ialion�, social club, firaternal organizatiot-I. corporat]'011,1 C'Stclte. U'LlSt, receiver, syndicate, any OthCr COMM, CitV, ow lod 11IL1111cipalit y, district, or other politic.-n] SLibdivisioti., or ariy other grouji or con�ibitiation. acting as a unit, O I r.Me m be r ffklal it"ICIUdes, bUt is not I inrifted to: May-or. Cou,ned meniber, 1`11 anni ng C 0111 I'll'ss i o,t'w ofTM a bo rd c mn 1,111 Ssi 0111,01' coilullittCe Of the City, en�ipto.Nyee, or staff nienibers. 18 '[(1),410 T", It"I& S4 xRcw.04 08,2019, Bid'Packtigiv IRF4,"I'184&%w PCCAI(k 2020-07-28 Agenda Packet, Page 227 of 711 HAZEL G COOK ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS aw or- KELLOGG ELEMENTARY SCHOOL CHULAVISTA IMPROVEMENT: STANDARD DWG.NO. SYMBOL: PEDESTRIAN IMPROVEMENTS 1. SAFETY LIGHTINGILED LUMINAIRE CVSD-TRF-08 2. TRAFFIC SIGNAL STANDARD, ST IN THE CITY OF CHULA VISTA, CALIFORNIA MAST ARM,RSNS,VIDEO, PER PLAN L VEHICLE INDICATIONS,SIGN, AND LED LUMINAIRE ST. EAST"H"ST (CIP#T'RF0384 AND,ST'LO410) J. EMERGENCY VEHICLE PER PLAN ST GENERAL NOTES: PREEMPTION(EVPE) X-F (all 4, REFLEC59RIZED STREET CAL TRANS SID 1, EXISTING UTILITIES ARE SHOWN ON THE PLAN IN THEIR APPROXIMATE 4. THE PERPETUATION OF EXISTING HORIZONTAL AND VERTICAL CONTROL AND NAME SIGNS(RSNS) PLAN ES-33 LOCATION AND EXTENT UNDERGROUND UTILITIES MAY EXIST WHICH ARE PROPERTY MONUMENTS WILL BE DONE BY THE CITY SURVEYING GROUP 5. PEDESTRIAN INDICATION PER PLAN NOT OF RECORD OR WHICH HAVE NOT BEEN REPORTED. THE CON TRA C TOP UNLESS THERE IS A BID ITEM IN THE CONTRACT PROPOSAL FOR THE SHALL TAKE DUE PRECAUTIONARY MEASURES TO PROTECT THOSE FACILITIES CONTRACTOR TO DO IT ANY PROPERTY MONUMENTS DESTROYED BY THE 6, CONTROLLER CABINET CHULA VISTA& /ZEN EAST CAL TRANS SPECS AND STRUCTURES FOUND AT THE SITE. CON TRA C TOR'S NEGLIGENCE MUST BE REPLACED AT HIS/HER 0 WN EXPENSE. 7 SERVICE POINT PER PLAN THE CONTRACTOR SHALL NOTIFY' CITY BENCH MARKS AND INTERSECTION TIES WILL BE REFERENCED AND 8, UTILITY BOX SAN DIEGO GAS AND ELECTRIC CO------------858-654-83,39 REPLACED BY THE CITY SURVEYING GROUP. CAST AT&T------------------------------619-266-47259. PLAN, 9. METER PEDESTAL COX CABLE TV------------------------619-263-1032 SDG&E APPROVED CHULA VISTA SPECS 5. THE L OCA TION AND ELEVATION OF EXISTING IMPRO VEMEN Is TO BE MET(OR ACCESS CABLE------------------------760-450-4604 AVOIDED)BY THE WORK TO BE DONE SHALL BE CONFIRMED BY THE 10 VEHICL ICYCLE DETEMON ZONE(LOOPS) PER PLAN 0 TA Y WATER DIS TR/C T--------------------619-670-2285 CON7RACTORS FIELD MEASUREMENTS PRIOR TO THE CONSTRUCTION OF NEW RI PROJECT VICINITY MAP SwEETwA TER AUTHORITY------------------619-409-6751 LOCATION NO SCALE CITY OF CHULA VISTA--------------------619-397-6000 WORK THE CONTRACTOR SHALL REPORT TO THE OWNER ANY 11. MANHOLE 0 ALLIED WASTE SERVICES(TRASH PICKUP)--------619-427-9400 DISCREPANCIES BETWEEN HISIHER MEASUREMENTS AND THESE PLANS 12. CONDUIT C VSD-TRF-09 CROWN CASTLE------------------------626-320-0996 6. THE CONTRACTOR AGREES THAT HE OR SHE SHALL ASSUME SOLE AND IJ EXISTING CONDUIT PER PLAN (NOTIFICATION TO BE 48 HOURS PRIOR TO STARTING WORK.) COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE COURSE 14, PA VEMEN T MARKING LEGEND PER PLAN IMPOR TA N T NOTICE OF CONSTRUCTION OF THIS PROJECT INCLUDING THE SAFETY OF ALL SECTION 421614217 OF THE GOVERNMENT CODE REQUIRES A DIG ALERT PERSONS AND PROPERTY THIS REQUIREMENT SHALL APPLY CONTINUOUSLY 15. ADA PEDESTRIAN RAMPS E SAN MIGUEL DR IDENTIFICATION NUMBER TO BE ISSUED BEFORE A"PERMIT TO EXCAVATE"WILL AND NOT BE LIMITED TO NORMAL WORKING HOURS, THE CONTRACTOR W17H TRUNCATED DOMES CVSD-GSI-08 BE VALID. TO OBTAIN A DIG ALERT IDENTIFICATION NUMBER,CALL SHALL DEFEND,INDEMNIFY AND HOLD THE OWNER AND THE CITY 16 APPROXIMATE PROPERTY LINE PER PLAN - c�NRD REPRESENTATIVES HARMLESS FROM ANY AND ALL LIABILITY REALIOR P� ESIERRA WAY UNDERGROUND SERVICE ALERT 17 SIGN ON POST PER PLAN HAZEL GOES COOK TOLL FREE 8-1-1 ALLEGED,IN CONNECTION WITH THE PERFORMANCE OF WORKING ON THIS 18. SIGN ON TRAFFIC E PALOMAR DR ELEMENTARY SCHOOL TWO WORKING DAYS BEFORE YOU DIG. PROJECT SIGNAL EQUIPMENT PER PLAN T 19 PULL BOX C VSD-TRF-09 � EAST 1'STREET7. NEW CONSTRUCTION IS SHOWN BOLD LINES AND EXISTING IMPROVEMENTS 2. AS BUILT DRAWINGS: A SET OF PLANS AND A SET OF SPECIFICA TIONS SHALL BE KEPT BY THE CON IRA CTOR AT ALL TIMES ON WHICH ALL ARE SHOWN IN LIGHT LINES. USE ALL NEW EQUIPMENT AND HARDWARE CHANGES OR VARIATIONS IN THE WORK,INCLUDING ALL UTILITIES FOUND, EXCEPT WHEN NOTED IN THE PLAN,SCHEDULE OR SPECIFICATION. ALL 20, CONCRETE 4 ARE TO BE RECORDED AND PL 0 TTED A CCURA TEL Y OTHER EQUIPMENT SHALL REMAIN IN PLACE. TRFO,384 LOCA TION MAP 3, THE CONTRACTOR SHALL NOTIFY THE OFFICE OF THE CITY ENGINEER AND 8 THE CONTRACTOR IS RESPONSIBLE FOR THE VERIFICATION OF ELECTRICAL NO SCALE v21, LANDSCAPING 22 EXISTING WATER LINE THE TRAFFIC SIGNAL SHOP 48 HOURS(2 WORKING DAYS)PRIOR TO ANDIOR TELEPHONE SERVICE POINTS FOR THIS PROJECT THE STARTING WORK. THE CONTRACTOR SHALL GIVE 24 HOUR(ONE WORKING CONTRACTOR IS ALSO RESPONSIBLE FOR THE INSTALLATION OF ALL 23,EXISTING GAS LINE 24.EXISTING TELEPHONE LINE DAY)NOTICE ON ALL CALLS FOR INSPECTION. ANY WORK PERFORMED NECESSARY MATERIALS IN ACCORDANCE WITH SDG&E ANDIOR AT&T INKOPA H STREET WITHOUT THE BENEFIT OF INSPECTION SHALL BE SUBJECT TO REJECTION REQUIREMENTS. 25.EXISTING ELECTRIC LINE AND REMOVAL. 26,EXISTING CABLE LINE JAMUL AVENUE CONSTRUCTION INSPECTION EMAIL-Constructionlnspection@Chul(7vistoca.gov 8. DELIVER ALL SPARE EQUIPMENT AND OTHER SALVAGED APPURTENANCES TO 27.EXISTING SEWER LINE TRAFFIC SIGNAL MAINTENANCE SHOP CALL-(619)397-616J PUBLIC WORKS CENTER AT KELLOGG I'll 28.EXISTING FIRE HYDRANT ELEMENTARY L,'.'[Fl A40NTCLAIR STREET 1800 MAXWELL ROAD 29.EXISTING POWER POLE �' SCHOOL CHULA VISTA,CA 91911 7z 9. ANY STRIPING DAMAGED OR DESTROYED DURING CONSTRUCTION SHALL BE EAST NAPLES 1 STREET REPLACED BY THE CON TPA C TOR AT HIS/HER EXPENSE. SHEET INDEX L-4 SPECIFICATIONS SHEET NO. SHEET TITLE E THE IMPROVEMENTS CONSIST OF THE FOLLOWING WORK TO BE DONE IN ACCORDANCE WITH THESE PLANS AND I TITLE SHEET STL0410 LOCA TION MAP 2 GENERAL NOTES&DETAILS NO SCALE THE FOLLOWING: 3 GENERAL IMPROVEMENT PLAN-KELLOGG(STLO410) 1. 2012 CITY OF CHULA VISTA SUBDIVISION MANUAL 4 IMPROVEMENT PLAN-HAZEL G COOK(TRFO384) 2,STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION,2012 EDITION("GREEN600K) 5 SIGNING&STRIPING PLAN-HAZEL G COOK(TRF0384) DECLARA TION OF RESPONSIBLE CHARGE J.2012 REGIONAL SUPPLEMENT TO STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION("REGIONAL 6 TRAFFIC SIGNAL PLAN-HAZEL G COOK(TRF0384) SUPPLEMENT') HAZEL G COOK ELEMENTARY SCHOOL PEDESTRIAN IMPROVEMENTS I HEREBY DECLARE THAT I AM THE ENGINEER OF WORK FOR THIS PROJECT,THAT I HAVE EXERCISE© 4.SAN DIEGO REGIONAL STANDARD DRAWINGS("SDRSD'),DATED SEPTEMBER 2012 RESPONSIBLE CHARGE OVER THE DESIGN OF THE PROJECT AS DEFINED IN SECTION 6703 OF 7HEKELLOGG ELEMENTARY SCHOOL PEDESTYIAN IMPROVEMENTS BUSINESS AND PROFESSIONS CODE AND THAT THE DESIGN IS CONSISTENT WTH CURRENT STANDARDS. 51 CITY OF CHULA VISTA STANDARD SPECIAL PROVISIONS(CV SPECIAL PROVISIONS),DATED APRIL 2019 R T1 F MILL I 6.CITY OF CHULA VISTA DESIGN AND CONSTRUCTION STANDARD DRAWINGS 2017("CV5D) OLIVERAI NOILS CITY OF CHULA VISTA 2 76 FOURTH A VENUE 7 CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD PLANS 2015("CALTRANS STANDARD PLANS") Li1111Y NOrl All FXD�T`NG HTI�tDFSSHOWN ON THESr PIANS ARf P�OTTFD CITY OF CHULA VISTA FROM RECORD DA rA A F 7HL0 APPROXIMA IF LOCA RON_� -Q Vw- ENCINFERING AND, CHULA VISTA,CALIFORNIA 91910 8 CALIFORNIA DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS 2015("CAL TRANS STANDARD UjV0FR(,R0OA/0 FAC)11T�FS 0AY FX�ST WH�('H RAVE NOT BEEN REPORTF0 OR ARE j CAPITAL PROJECTS DATE 512812020 SPECIFICATIONS) F E S S,,+ Nor Of RLCORD. CONIPACIOR SHALL�ILRff Y WL LOCA NON OF ALL PER RMENr 276 FOURTH AVENUE ROSINA C.CONSIANZA,9CL 86105,EXP.9-JO-2020 lut-10 LJT�0TIES IN THE F�FLD PRIOR TO THE START OF CONSTRUCTION, C1ff0F CHILILA ASTA,CA 9�910 9.2014 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES,REVISION 5("MUT10") 4LJV—"VEM WVVW CH U LAVI STACA,GOV RESPONSIBLE CHARGE Or WORK- DATE a1,�181202 APPROVED BY DA IE:S1281202 DRAWING NO. Z3 0 CONSTRUCTION RECORD AS-BUILT No 47316 No 86105 All-C—11—r 18010-0 I1 lNsp2fflO�:07228 Agen-4a Packet 51ONED, DATE:TTT 1,P II "0 R0,1JNA C.CONS7ANZA P.E. RCE NO JOSE LUIS COMEZ p E,p Page 228 of 7 14[Al 511crf�'S 06 4, _EP DATE COMPLETED, /IffiN[I L)NAML P,C1.NO�: EXIARA I/0N "LADOR C. ENGWEER 86105 PRINCIPAL CIVI�ENCIA/L� TRFO,36415 TL0410 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: -0209 „MITI A. RESOLUTION OF THE CI'T'Y COUNCIL OF THE CITY of CHULA VISTA APPROVING AN AGREEMENT WITH NHA ADVISORS, LLE FOR FINANCIAL ADVISORY SERVICES E. RESOLUTION of THE CITY COUNCIL of THE CITY of CHULA VISTA APPROVING AN AGREEMENT' WITH HARRELL&COMPANY ADVISORS, LLC FOR FINANCIAL ADVISORY SERVICES ACTIONRECOMMENDED " Council adopt the resolutions. SUMMARY The City of Chula Vista solicited proposals for a non-exclusive award from qualified firms interested in. performing the duties and functions for services as financial advisor. This non-exclusive award alloys the City to select multiple consultants for financial advisory services. It also allows the City to award future financial advisory services to any of'the selected firms based on their expertise and on the City's needs. .A total of seven. (7) firms submitted proposals.Four(4) firms were invited to an interview and two (2) firms were selected to perform financial advisory services. NHA,Advisors, LLC was selected to perform advisory services for the potential issuance of Pension obligation Bonds and Harrell & Company Advisors, LLC was selected to perform financial advisory services for the potential issuance of Community Facilities District Bonds for CFD No. 16-I (Millenia).The City will have the option to choose between these two firms on future land based and non-land based bond advisory work. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) State Guidelines and has determined that the activity is not a"Project"as defined under Section 15378 of the California Environmental QualityAct State Guidelines;therefore,pursuant to State Guidelines Section 15060(c)(3) no environmental tal review is required. BOARD/COMMII'TTEE RECOMMENDAtrION Not applicable DISCUSSION The City of Chula Vista. ("the City") solicited proposals from qualified firms to provide Financial.Advisory Services for the potential issuance of Pension. obligation. Bonds as well as future bond issuances. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, Page 229 of 711. Scope of Work The selected financial advisor will assist the City in determining the best type of financing for the agency, selecting other finance professionals,planning the bond sale and successfully selling and closing the bonds. In order to assist the City,the firm selected as Financial Advisor will be required to have the capabilities to perform the following services including but not limited to: A. Coordinate and participate in all aspects of the bond issuance process,from creating and maintaining a schedule,conducting independent analysis of financing alternatives,reviewing bond documents, reviewing all aspects of negotiated pricings,monitoring performance of underwriting teams,to post issuance analysis and all related tasks during the process,; B. Coordinate closing arrangements with the City,bond counsel and underwriter.Assist the Director of Finance in coordinating receipt and disbursement of funds on the settlement date; C. Review the overall financial status of the City and provide advice and recommendation related to the issuance of bonds and project-specific financing programs to maximize resources available for the implementation of each specific project; D. Assist the City in developing credit rating strategies. Coordinate presentations with these parties on behalf of the City to the extent needed or as requested. Clearly communicate any considerations that may impact the City's credit rating and work with the Director of Finance in examining the City's financials related to the bond sales s ; E. Serve as the City's bond market expert,including tax-exempt and taxable markets, fixed-rate and variable rate markets,and provide on-going analysis of current and upcoming trends and events in these and related areas; F. Be available on a regular basis for consultations with City Staff; G. Advise and assist the City in its overall debt management and provide consistent, ongoing and value- added advisory services; H. Provide Section 115 Trust and Pension stabilization consultation-, L Assist the City in reviewing opportunities to refinance and restructure its existing debt in order to reduce costs or to otherwise implement the City's financial objectives; J. Perform special projects,including but not limited to,assisting with capital improvement programs and debt affordability analysis. Consultant Selection Process Finance staff followed Chula Vista Municipal Code Section 2.56.110 in the financial advisor selection process. As required, a Request for Proposal (RFP,) was prepared, advertised and posted on PlanetBids, the City's third-party bid platform. A total of 240 vendors were notified through the posting of this RFP. The RFP included a description of the scope of'work and the time frames for completion. Each firm was asked to indicate in its proposal: 1), proof of general familiarity with various types of bond issues; 2) past record of performance and references; 3) names and qualifications of all key personnel to be used in the project,including any subconsultants-4)proof of capacity,resources and specialized equipment or expertise to perform the work; and 5) a cost estimate. P : ge 2 2020-07-28 Agenda Packet, Page 230 of 711 The following seven (7) firms submitted responses to this RFP: ,FI'rm Name Location Columbia Capital Municipal Advisors Glendale, CA Fieldman Rolapp&Associates Irvine, CA Harrell&Company Advisors, LLC Grange, CA INN Public Finance Oakland, CA NHA Advisors San Rafael, CA PFM Financial Advisors, LLC San Francisco, CA Urban Futures, Inc., Tustin, CA The Selection Committee consisted of the following members: David Bi by, Director of Finance/Treasurer Tiffany Allen,Assistant Director of Development Services Kimberly Elliot, Facilities Finance Manager Patricia Macias, Management Analyst The Selection Committee members were provided with individual copies of the proposals from the 7 firms. Four firms were invited to participate in the interview process. On June 23, 2020 and June 24, 2020 the Selection Committee interviewed, judged, and discussed the firms based on the qualification of personnel, adherence of firm's proposal to RFP guidelines, resources available to perform tasks on time and within budget,firm experience directly related to contract,quality of presentation,response to interview questions, and total cost and justification. NHA Advisors, LLC and Harrell & Company Advisors, LLC were selected as the most qualified to perform the services required for the City of Chula Vista. The former was selected to provide services related to the issuance of'Pension Obligation Bonds and the latter to provide services related to the issuance of Community Facilities District Bonds for CFD No,. 16-1 (Millenia . This decision was based on evaluating many criteria, including project team and area knowledge, experience handling similar bond issues for other agencies and municipalities, and quality of work based on results achieved through similar contracts. In regard to all of these factors,the Selection Committee concluded that the case for NHA Advisors, LLC and Harrell&Company Advisors, LLC were the strongest among the competing firms. TheAgreements The proposed agreements with NHA Advisors, LLC and Harrell & Company Advisors, LLC use the City's standard two-party agreement. Under this contract, the Consultant agrees to perform the scope of work from July 28, 2020 through June 30, 2021. This section is extremely precise in order to ensure that all oft e City requirements are included in the fee. The compensation schedule can be reviewed in Exhibit A of the agreement. The City will procure the services of NHA Advisors, LLC or Harrell &Company Advisors, LLC for any future bond issuances to be completed through June 30, 2025. At which time the City will draft a new two-party agreement with the scope of services specific to said bond issuance for Council approval. The City reserves the right to select the financial advisor among the two firms under this agreement for any future work at its discretion. DECISION-MAKER CONFI..,ICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). P 13 2020-07-28 Agenda Packet, Page 231 of 711 Staff is not independently aware,, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The costs associated with the work performed by the City's financial advisor(s) will be paid out of the Cost of Issuance from bond proceeds. ONGOING FISCAL IMPACT None., ATTACHMENT'S 1. Agreement with NHA Advisors for Financial Advisory Services. 2. Agreement with Harrell&Company Advisors, LLC for Financial Advisory Services. Staff Contact:Patricia Macias, Management Analyst P 4 2020-07-28 Agenda Packet, Page 232 of 711 RESOLUTION No. RESOLUTION of THE CITYoUNCIL of THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH N A ADVISORS, LLC FOR FINANCIAL .ADVISORY SERVICES WHEREAS, the City requires Financial Advisory services to be performed in connection with the potential issuance of Pension. Obligation Bonds; and WHEREAS, in order to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110; and. WHEREAS,►, the City received seven 7 proposals from firms interested in providing Financial Advisory Services; and. WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four(4)firms and determined N A Advisors, LLC as the firm to provide financial advisory services in connection with the potential issuance of Pension Obligation Bonds; and. WHEREAS, the Cit a procure work� y p on up to severe.l lan ase and non-land- based on anbased projects of varying size and complexity throughout the duration of the financial advisory agreement; and WHEREAS, the Consultant is registered as a Municipal Advisor with both the United States Securities Exchange Commission and the Municipal Securities Rulemaking. Board; 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. NOW, THEREFORE, BE IT RESOLVED by the Cts Council of the City of Chula Vista that it approves the agreement est bet ween the City of Chula Vista and NHA Advisors, LLC to provide Financial Advisory services, in the form presented, with such minor or modifications as may be required or approved by the City Attorney, a copy of which shall be Dept on file in the office of the City Clerk, and authorizes and directs the Mayor to execute same. 2020-07-28 Agenda Packet, Page 233 of 711. Resolution No. 2020- Page 0 0-Fuge 2 Presented y: Approved as to foram y: David Bilby, MSBA, CPFO Glen R. Googins Director of Finance/Treasurer City Attorney 2020-07-2 Agenda Packet, Page 234 of 711. RESOLUTION No. RESOLUTION of THE CITYoUNCIL of THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH HARRELL & COMPANY ADVISORS, ILC FOR FINANCIAL ADVISORY SERVICES WHEREAS, the Cit ' requires uires Financial Advisory services to be performed in. connection with the potential issuance of Community Facilities District Bonds CFS 16-1 (Millenia); and WHEREAS, in order to procure these services, the City solicited proposals in accordance with. Chula Nista Municipal. Code Section 2.56.1.10; and. WHEREAS, the City received seven 7 proposals from firms interested in providing Financial Advisory Services; and. WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four (4) firms and determined Harrell Company Advisors, LLC as the firm to provide financial advisory services in connection. with the potential issuance of Community Facilities District Bonds CFD 164 Millenia and. WHEREAS, the City may procure work on up to several land based and non-land- based projects of varying size and complexity throughout the duration of the financial advisory agreement; and WHEREAS, the Consultant is registered as a Municipal Advisor with both the United States Securities Exchange Commission and the Municipal Securities Rulemaking. Board; 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. NOW, THEREFORE, BE IT RESOLVED by the Cts Council of the City of Chula Nista that it approves the agreement between the City of Chula sista and Harrell Company Advisors,LLC to provide Financial Advisory 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. 2020-07-2 Agenda Packet, Page 235 of 711. Resolution No. 2020- Page 2 Presented by: Approved as to form by: David Bilby, MSBA, CPFO Glen R. Googins Director of Finance/Treasurer City Attorney 2020-07-28 Agenda Packet, Page 236 of 711 CITY of CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH NHA .ADVISORS, LLC' TO PROVIDE FINANCIAL ADVISORY SERVICES This Agreement is entered into effective as of 07/28/2020 ("Effective ate') by and between the City of Chula Vista, a chartered municipal corporation ("City") and 1" HA Advisors, llc, [A California Limited. Liability CompanyJ ("Consultant") (collectively,the"parties"and, individually, a"Party")with reference to the following facts: FSECITALs WHEREAS, the City requires Financial Advisory Services to be performed in connection with issuance of Pension.Obligation Bands; and WHEREAS, In order to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.1.10',; and WHEREAS, the City received seven (7) proposals from firms interested in providing financial advisory services; and. WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four(4)firms and determined NHA Advisors, LLC as the firm to provide financial advisory services for the issuance of P"+ension.ObligationBonds; and WHEREAS the City may procure work to several an , � � p on up ase and non-land-based projects of varying size and complexity throughout the duration of the financial cial advisory agreement; and WHEREAS, the consultant is registered as a Municipal Advisor with both the United States Securities and.Exchange Commission and the Municipal Securities Rulemaking Boad; 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 teras and conditions of this Agreement. [End of Recitals. Next Page Starts obligatory Provisions.] City of Chula Vista Agreement No.:2020-0751, Consultant Name:�NHA Advis rs,lle Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 237 of 711. OBLIGATORY PROVISIoNS Now, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables" if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "required Services." 1.2 reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this, Agreement. Upon doing So, City and.Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, Citi"may request Consultant provide additional services related to the Required Services ("Additional Services''. If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1..4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1..5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws,codes,industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Performance. In the event that Exhibit A Section 4 indicates the need. for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including.the Chula.Vista 1'` unicipal. Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from. City. 1.9 Subcontractors. prior to commencement of any work, Consultant shall submit for City's information and approval a list of any and all subcontractors to be used by Consultant in the performance of the required Services. Consultant agrees to tale appropriate measures necessary to ensure that all subcontractors and Cit;of u Vista Agreement No.:020-075 Consultant Name:�NHA Advis rs,lle ..ev. 10/24/1.7 2020-07-2 Agenda Packet Page 238 of 711. personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services,City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Inv . Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed,, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges,must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty(30)days.Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices, not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention P"olic City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant's out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A,Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 1 2.6 Exc I iusions. City shall not be responsible for payment to Consultant for any fees or costs in. excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (bow arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 PUment Not Final A,pproyal. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 3 Cit;of Chula Vista Agreement No.:2020-0751 Consultant Name:�NHA Advisors,flcRev. 10/24/1.7 2020-07-28 Agenda Packet, Page 239 of 711 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation already paid, City will notify Consultant in writing and Consultant shall promptly return such amount.. . INSURANCE .1 Re p , g p performance of Required Insurance. Consultant must procure an maintain urn the Brio 0 Rewired Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance"). The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed Insurers admitted to transact business in the State of California with a current A.M. Best's rating of V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California. Hist of Eligible Surplus Lines Insurers (LESLI) with a current A. I. Best's rating of no lass than A X. For workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-cons ultants/subcontractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. .5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as p additional insureds with respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Disk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CCS 2010 (11/85) or its equivalent; such endorsement t must not exclude Products/Completed Operations coverage.. 3.6 General LiabilityCovera e to be "P'rimar ." Consultant's general liability coverage must be primary insurance ce 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, orvolunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance policy may be canceled by either Party during the required insured period under this Agreement, except after thirty days'prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation.Consultant must procure and put into effect equivalent coverage s.. 3.8 Waiver of Subrogation. Consultant's insurers will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a clam.... against City. 3.9 Verification of Coverage. prior to commencement of any work, Consultant shall furmish City with. original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. The words City of Chula Vista Agreement No.:2020-0751 Consultant Name:N1HA..Advisors,lle Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 240 of 711. 44will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives"or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 'Claims Made Policy Requirements. If General Liability,Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The "Retro Date"must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of this Agreement, the Consultant must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Covera. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires, and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect,defend,indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity here Agreement Involves Desig,n Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as maybe amended from time to time, the defense and indemnity obligation under Section, 1, above, shall be limited to the extent required by Califomia Civil Code section 2782.8. 5 Cit;of Chula Vista Agreement No.:2020-0751 Consultant Name:�NHA Advisors,flc ..ev. 10/24/1.7 2020-07-28 Agenda Packet, Page 211 07 11. 4.3 Costs of Defense and Award. Included in Consultant's obligations under this Section 4 is Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant's Obligations Not Limited or Modified. Consultant's obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant's obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant's other obligations or duties under this Agreement. 4.5. 'Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's obligations under this Section 4. 4.6 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Fonn 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form(Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures-, Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held.bar Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this, Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 5.3 Additional Disclosures. In addition to the above, Consultant agrees to comply with the duties and disclosures set forth on.Exhibit D, attached and incorporated into this Agreement by this reference. 6. REMEDIES 6.1 'Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall. violate any of the other ti City of Chula Vista Agreement No.:2020-0751, Consultant Name:NHA Advisors,flc� Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 212 of 711 covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 'Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (15) days prior to the effective date thereof. Upon receipt of such notice, Consultant shall immediately cease all work under the Agreement and promptly deliver all"Work Product"(defined in Section 7 below)to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the to notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City inthe implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Govem,i,n, Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall, be brought only in San Diego County, State of California. 6.6 Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail. directed to the individual. and address listed under"For Legal Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7 City of Chula Vista Agreement No.:2020-0751, Consultant Name:�NHA Advisors,flc ..ev. 10/24/1.7 2020-07-28 Agenda Packet, Page 243 of 711 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance of the Required Services (collectively"Work Product") shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS .1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant's unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authorit y. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counte,1p,art,s. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements,, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Indep ndent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related 8 Cit;of Chula Vista Agreement No.:2020-0751, Consultant Name:NHA Advisors,flc� Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 244 of 711 Individuals"), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsiblefor the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability Whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested,, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (End of page. Next page is signature page.) 9 City of Chula Vista Agreement No.:2020-0751, 011 Consultant Name:�NHA Advisors,flcRev. 10/24/1.7 2020-07-28 Agenda Packet Page 215 of 711 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS, WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. NHA ADVISORS, LLC CITY OF CHULA VISTA BY: BY: CRAIG HILL MARIA V. KACHADOORIAN MANAGING PRINCIPAL CITY MANAGER APPROVED AS TO FORM BY: Glen R. Googins City Attorney to City of Chula Vista Agreement No.:2020-0751, Consultant Name:NHA Advisors,flc� Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 216 of 711 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: I Patricia Macias� 276 Fourth Avenue Chula Vista,11 CA 9,19,101 (619) 407-356$ 1pmacias@chulavistaca.goyj For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@chulavistaca.gov B. Consultant Contract Administration: NHA ADVISORS, LLC Christine Donohue 4040 Civic Center Drive, Suite 200, San Rafael, CA 94903� (4151) 785-2025 ext. 200$ chris@nhaadvisorsxom� For Legal Notice Copy to: Christine Donohue ,4040 Civic Center Drive, Site 200, San Rafael, CA 94903� (415) 785-2025,ext. 2005 chris@nhaadvisors.com 2. Required Services A. General Description: �NHA Advisors,LLC will Provide Financial Advisory Services in relation to the issuance of Pension Obligation Bonds. B. Detailed Description: Scope of Work The financial advisor will assist the City in determining the best type of financing for the agency, selecting other finance professionals, planning the bond sale and successfully selling and closing the bonds.. The City has requested services related to the issuance of Pension Obligation Bonds. The financial advisor's proposed debt issuance services may include but are not limited to the following: iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillilllI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillilli�illillillillillillilliillillilillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilI City of Chula Vista Agreement No.:2020-0751, Consultant Name:NHA Advisors,flc� Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 247 of 711 Coordinate and participate in all, aspects of the bond issuance process, from. creating and maintaining a schedule, conducting independent analysis of financing alternatives, reviewing bond documents, reviewing all aspects of negotiated pricings, monitoring performance of underwriting teams, to post issuance analysis and all related tasks during the process; Coordinate closing arrangements with the City, bond counsel and underwriter. Assist the Director of Finance in coordinating receipt and disbursement of funds on the settlement date; • Assist the City in developing credit rating strategies. Coordinate presentations with these parties on behalf of the City to the extent needed or as requested. Clearly communicate any considerations that may impact the City's credit rating and work with the Director of Finance in examining the City's financials related to the bond sales(s); • Serve as the City's bond market expert, including tax-exempt and taxable markets, fixed-rate and variable rate markets, and provide on-going analysis of current and upcoming trends and events in these and related areas; • Be available on a regular basis for consultations with City Staff; 3. Term: In accordance with Section 1.10 of this,Agreement,the term of this Agreement shall begin�07/28/2020 1,11? " and end ,j on � for completion of all Required Services. 4. Compensation: A. Form of Compensation FX Single Fixed Fee. For performance of all of the Required Services,by Consultant as herein required, City shall pay a single fixed fee of not to exceed$115,,000,upon completion of all Required Services to City's, satisfaction. Fee contingent on the successful sale of bonds and payable from bond proceeds at closing. The table below reflects the rates in effect as of the date of execution of this agreement. If bonds are not issued, an hourly compensation based on the rates described below, will, be paid to consultant for time incurred for the services rendered up to that stage in the financing. Personnel Hourly Rate Principal $3,25 Director $30101 Vice President $275 Sr. Associate $250, Associate $225 Senior Analyst $200 Analyst $175 Administrative $75 B. Reimbursement of Costs FX invoiced or agreed-upon. amounts as follows-. Reimbursable out-of-pocket expenses not no exceed $2,500. Notwitbstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through 06/30/2021, shall not exceed 117, 001. iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillilliillilI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliililillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillill�illillillillillillilliilillillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillillillillillilliilillillilliillillillillillillilliillillillillillillilliillillilillillillilI 12 Cit;of Chula Vista Agreement No.:2020-0751, Consultant Name:NHA Advisors,flc� Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 218 of 711 5. Special Provisions 0 .Permitted Sub-Consultants: +No El Security for Performance: None; 0 Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for additional terms,defined as a one-year increment or 4,1 ,. .iii 1" .1 411. I i cl,, I I e.The City Manager or Director of finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. if the City exercises an option to extend,each extension shall be on the same terms and conditions contained herein,provided that the amounts specified in Section 4 above may be increased by up to [ for each extension. The City shall give written notice to Consultant of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document. None u City o Chula Vista Agreement No.:2020-0751 Consultant Name:�NHA Advis rs,lle ..ev. 10/24/1.7 2020-07-2 Agenda Packet Page 249 of 711. X71 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form �Z General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement *Must be primary and must not or Blanket Al Endorsement for exclude ProductslCompleted City* Operations Waiver of Recovery Endorsement Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code I-Any Auto Code 8-Hired Code 9-Non Owned Workers' $1,000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1,000,000 disease each employee Waiver of Recovery Endorsement �Z Professional Liability $1,000,000 each occurrence (Errors & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms: NONE� iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillill�illillillillillillilliillillilillilllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillilillillillilI 1City of Chula Vista Agreement No.:2020-0751 4 Consultant Name:�NHA Advisors,flc ..ev. 10/24/1.7 2020-07-28 Agenda Packet Page 250 of 711 EXHIBIT C CONSULTANT NT CONFLICT of INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code (`Code") require designated state and local government officials, including some consultants, to male certain public disclosures using a Statement of Economic Interests fon. (Form 700). Once filed, a Fora. 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form Foo are also required to comply with certain ethics training requirements. A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. 0 B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUALS) ASSIGNED To PROVIDE SERVICES (Categorydescriptions available at www.c u"av staca. o d a gy m / - rklc c io er t- o " . Name Email Address AMlicante.l es enation Enter Name of Each Individual Enter email addresses) A. Full Disclosure Who will Be Providing Service Under the Contract—If B. Lilmited. Disclosure (select one or more of individuals have different the categories under which the consultant shallfile).. disclosure requirements, El 1 �"L►7 6 7 duplicate this row and complete se aratel or each Justification: individual C. Excluded from Disclosure .required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of"Consultant,"pursuant to FPPC Regulation 1 uoo.3, must file a Form Foo. 2.1 equired Filing Deadlines Each initial Form Foo required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. .Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement asfull disclosure, limited disclosure, or e. cluded 4 f om disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-,ASK-,FPPC, or (866)275-3772 *2w Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written determination of the consultant's requirement tocomply with the disclosure requirements set forth in the Code. Completed by.-, Patricia Macias' 1 Cal. Gov. Code §§8 1000 et seq.;FPPC;:begs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234,et.sect. 4 CA FPPC Adv.A-15-147 (Chadwick)(2015) Davis v. Fresno Jn fied Schaal District(20 15)237 Cal.App.4"26 1;FPPC Reg. 700.3 (Consultant defined as an"individual"who participates in making a governmental decision; "individual"'does not include corporation or limited liability company). iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilililI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillill�illillillillillillilliillilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillilillillillilI 15 City of Chula Vista Agreement No.:2020-0751, Consultant Name:N1HA..Advisors,lle Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 251 of 711. CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH H RR LL & COMPANY ADVISORS, LLQ" FOR FINANCIAL ADVISORY RY SL VIOLS This Agreement is entered into effective as of 7/28/2020 ("Effective ate") by and between the City of Chula Vista, a chartered municipal corporation ("City") and Harrell & Company Advisors, LLC , a California Limited Liability CompanJ ("Consultant") (collectively, the "Parties" and, individually, a"Party") with reference to the following facts: RECITALS WHEREAS, the City requires Financial Advisory Services to be performed in connection with issuance of Community Facilities District fonds CFD 16-1 (1A 2) (Millenia),; and WHEREAS, In order to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.11 Off; and WHEREAS, the City received seven (7) proposals from firms interested in providing financial advisory services; and WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four (4) firms and determined Harrell & Company Advisers, LLC as the firm to provide financial advisory services in connection with the issuance of Community Facilities District Bonds CFD 16-1 (IA 2) (Millenia); and WHEREAS, the City may procure work on up to several land based and non-land-based projects of varying size and complexity througout the duration of the financial advisory agreement; and WHEREAS, the Consultant is registered as a Municipal Advisor with both the United Mates Securities and Exchange Commission and the Municipal Securities Rulemaking Board; 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.] City of Chula Vista Agreement No.:2020-076 > > Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 252 of 711. OBLIGATORY PROVISIoNS Now, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables" if any) described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/'or Deliverables described in Exhibit A shall be referred to herein as the "required Services." 1.2 reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this, Agreement. Upon doing So, City and.Consultant agree to meet and confer In good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, Citi"may request Consultant provide additional services related to the Required Services ("Additional Services''. If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1..4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1..5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws,codes,industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Performance. In the event that Exhibit A Section 4 indicates the need. for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including.the Chula.vista 1'` unicipal. Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from. City. 1.9 Subcontractors. prior to commencement of any work, Consultant shall submit for City's information and approval a list of any and all subcontractors to be used by Consultant in the performance of the required Services. Consultant agrees to tale appropriate measures necessary to ensure that all subcontractors and Cit;of u Vista Agreement No.:020-07() Consultant Name:iHarrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 253 of 711. personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services,City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Inv . Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed,, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges,must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty(30)days.Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices, not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention P"olic City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant's out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A,Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 1 2.6 Exc I iusions. City shall not be responsible for payment to Consultant for any fees or costs in. excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (bow arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 PUment Not Final A,pproyal. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 3 Cit;of Chula Vista Agreement No.:2020-07()J Consultant Name:iHarrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 254 of 711 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation n already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. . INSURANCE .1 Re p g p performance of Required Insurance. Consultant must procure an maintain, urn the period 0 Rewired Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance" . The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed Insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California Hist of Eligible Surplus Lines Insurers LESLI with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-cons ultants/subcontractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. .5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as p additional with insureds respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CCS 2010 (11/85) or its equivalent; such endorsement t must not exclude Products/Completed Operations coverage. 3.6 General LiabilityCovera e to be "P'rimar ." Consultant's general liability coverage must be primary insurance ce as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance police may be canceled by either Party during the required insured period under this Agreement, except after thirty days'prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage s.. 3.8 Waiver of Subrogation. Consultant's insurers will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a clam.... against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the teras of this Agreement.. The words City of Chula Vista Agreement No.:2020-a7() Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 255 of 711. 44will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives"or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete!, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 'Claims Made Policy Requirements. If General Liability,Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The "Retro Date"must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of this Agreement, the Consultant must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Covera. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires, and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect,defend,indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity here Agreement Involves Desig,n Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as maybe amended from time to time, the defense and indemnity obligation under Section, 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 5 Cit;of Chula Vista Agreement No.:2020-07()J Consultant Name:iHarrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 256 of 711 4.3 Costs of Defense and Award. Included in Consultant's obligations under this Section 4 is Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant's Obligations Not Limited or Modified. Consultant's obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant's obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant's other obligations or duties under this Agreement. 4.5. 'Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's obligations under this Section 4. 4.6 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Fonn 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form(Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures-, Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held bar Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this, Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 'Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall. violate any of the other covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior (i Cit;of Chula Vista Agreement No.:2020-07()J Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 257 of 711 to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for or satisfactorily performed prior to Consultant's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 'Termination or Suspension for Conve,mence of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (1 5) days prior to the effective date thereof. Upon receipt of such notice, Consultant all immediately cease all work under the Agreement and promptly deliver all"Work Product"(defined in Section 7 below)to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the to notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City inthe implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Govem,i,n, Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 'Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail. directed to the individual. and address listed under"For Legal Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 7 Cit;of Chula Vista Agreement No.:2020-07()J Consultant Name:iHarrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 258 of 711 of the Required Services (collectively "work Product") shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prier written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited y other applicable laws. With respect to computer files containing data generated as work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. . GENERAL PROVISIONS .1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant's unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which. City may grant, condition or deny in its sola discretion. .3 Authorit y. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind.Consultant to its obligations hereunder without any further action or direction from Consultant or any hoard, principle or officer thereof: gr counterparts., each of is shall be deemed an. .� Counterparts. This Agreement may e execute In counts original,but all of which shall constitute one Agreement after each.Party has signed such a counterpart. .5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention.. Turing the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged. to City, including such records in the possession of sub- contractors/sub-consultants. ub-coi tractors/sub-consultants. .7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Indep n:den:t Contractor. Consultant is and shall at all times remain: as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related Individuals"), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of therm shall be entitled to any benefits to which. City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tai., social security tax or u City of Chula Vista Agreement No.:2020-a7() Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 259 of 711. any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsiblefor the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability Whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested,, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (Enid of page. Next page is signature page.) 9 City of Chula Vista Agreement No.:2020-076, 1 i Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 260 of 711 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS, WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. HARRELL & COMPANY ADVISORS, LLC CITY OF CHULA VISTA BY: BY: SUZANNE HARRELL MARY CASILLAS SALAS MANAGING DIRECTOR MAYOR ATTEST: KERRY BIGELOW CITY CLERK APPROVED AS TO FORM BY: Glen R. Googins City Attorney ,to Cit;of Chula Vista Agreement No.:2020-0761, 1 i Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 261 of 711 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: I Patricia Macias� 276 Fourth Avenue Chula Nista,11 CA 9,19,101 (619) 407-356$ 1 pmacias@chulavistaca.goyj For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@chulavistaca.gov B. Consultant Contract Administration: HARRELL & COMPANY ADVISORS, LLC �333 City Boulevard West, Suite 12151, Orange, CA 92868� 939-1464� s.harrell@harrellco.com For Legal Notice Copy to: Suzanne Harrell Harrell & Company Advisors; City Boulevard West, Suite 1215, Orange, CA 92868� (714) 939-1464� s.harrell@harrellco.com, 2. Required Services A. General Description: Harrell & Company Advisors, LLC will Provide Financial Advisory Services in relation to the issuance of Community Facilities, District Bonds CFD 16-1 (IA 2) (Millenia). B. Detailed Description: Scope of Work The Consultant shall assume primary responsibility for assisting the City in coordinating the planning and execution of each debt issue relating to the project. Insofar as the Consultant is providing services which are rendered only to the City, the overall, coordination of the financing shall.be such as to minimize the costs of the transaction coincident with maximizing the City's financing flexibility and capital market access. The City has the need for services related to the issuance of Community Facilities District Bonds for CFD 16-1 (1A 2) (Millenia). The Consultant's proposed debt issuance services may include but are not limited to the following: iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillilllI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilliillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillilli�illillillillillillilliillillilillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilI City of Chula Vista Agreement No.:2020-076, 1 i Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 262 of 711 • Develop the financing schedule • Monitor the transaction process • Review the official statement, both preliminary and final • Procure andd coordinate additional service providers • .Provide financial advice to the city related to financing documents • Compute sizing and design structure of the Debt Issue • Conduct market analysis and evaluate timing of market entry • Recommend award of debt issuance • :Provide pre-closing and closing assistance Specifically, Consultant will; 1. Develop the financin timetable" The Consultant shall take the lead role in preparing a schedule and detailed description of the interconnected responsibilities of each team member and update this schedule, with refinements, as necessary, as the work progresses. 2. Monitor the transaction process. The consultant shall have primary responsibility for e successful implementation of the financing rlmar res onsl i it strategy and timetable that is adopted for each debt issue relating to the Project. The consultant shall. coordinate (and assist, where appropriate) int e preparation of the legal and disclosure documents an shall monitor the progress of all activities leading to the sale of debt. The Consultant shall prepare the timetables and work schedules necessary to achieve this end in a timely, efficient and cost-effective manner and will coordinate and monitor the activities of all parties engaged in the financing transaction. . Review the Official Statement. The Consultant shall review the official statement for each debt issue relating to the Project to ensure that the City's official statement is compiled in a manner consistent with industry standards. . Procure and coordinate additional service providers. The consultant may act as the City's representative in procuring the services of financial printers for the official statement and related documents,ts, acid for the printing of any securities. In addition, the consultant may act as the City's representative in procuring the services of trustees, paring agents, fiscal agents, feasibility� ity consultants, market economist or other professionals, if the City directs. 5. Provide financial advice to the City relating to financing documents.. The Consultant shall assist the managing underwriters, bond counsel and/"or other legal advisors in the review of the respective financing resolutions, notices and other legal documents. In this regard, the Consultant shall monitor document preparation for a consistent and accurate presentation of the recommended business terms and financing structure of each debt issue relating to the project, it being specifically understood however that the consultant's services shall in no manner be construed as the consultant engaging in the practice of law. . Compute sizing and design structure of debt issue. The consultant shall work with the City's staff'bond counsel and other professionals of the City to design a financing cing structure for each debt issue relating to the project that is consistent with the City's 12 City of Chula vista Agreement No.:2+Q2[1-a7� Consultant Name:iHarrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 263 of 711. objectives, that coordinates each transaction with outstanding issues and that reflects current conditions in the capital markets. 7. Conduct Market analysis and evaluate timing of market entry The consultant shall provide summaries of current municipal market conditions, trends in the market and how these may favorably or unfavorably affect the City's proposed financing. a. Competitive sales. For all types of competitive sale of debt, the consultant shall undertake such activities as are generally required for sale of securities by competitive bid including, but not limited to the following: • Review and comment on terms of Notice of Sale inviting bids • Provide advice on debt sale scheduling • Provide advice on the use of electronic bidding systems • Contact potential bidders • Coordinate bid opening with the City officials • Verify bids received and make recommendations for acceptance • Provide confirmation of issue sizing, based upon actual bids received, where appropriate • Coordinate closing arrangements with the successful bidder(s) b. Negotiated sales. In the case of negotiated sale of debt, the consultant shall perform an evaluation of market conditions preceding the negotiation of the terms of the sale of debt and will assist the city with the negotiation of final structure, interest rates, interest cost, reoffering terms and gross underwriting spread and provide a recommendation on acceptance or rejection of the offer to purchase the debt. This assistance and evaluation will focus on the following areas, as determinants of interest cost: • Size of financing • Sources and uses of funds • Terms and maturities of the debt issue • Review of the rating in pricing of the debt issue • Investment of debt issue proceeds • Distribution mix among institutional and retail purchasers • Interest rate, reoffering terms and underwriting discount with comparable issues • Redemption provisions 8. Recommend award of Debt Issuance. Based upon activities outlined in task 7(a) and 7(b) above, the consultant will recommend accepting or rejecting offers to purchase the debt issue. if the City elects to award the debt issue, the Consultant will instruct all parties and help facilitate the actions required to formally consummate the award. 9. Provide Pre-closingrand Closing activities. The Consultant shall assist in arranging for the closing of each financing. The Consultant shall assist counsel in assuming responsibility for such arrangements as they are required, including arranging for or monitoring the progress of bond printing, qualification of issues for book-entry status, signing and final delivery of the securities and settlement of the costs of issuance. 1131 Cit;of Chula Vista Agreement No.:2020-07()J Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 264 of 711 3. Term: In accordance with Section 1.10 of this Agreement.,the term of this Agreement shall begin o7/2 /2o2 anenon ()0/ 0 2 1� for completion of all Required Services. d d " ,_3 /,"2 4. Compensation: � A. For of Compensation 0 Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of not to exceed $35,000 upon completion of all Required Services to City's satisfaction. Fees contingent on the successful sale of bonds and payable from bond proceeds at closing. If the bond sale falls through and bonds are not issued, an hourly compensation rate of$325.00 will be paid to the financial advisor (Director) for time incurred, not to exceed $7,500, for the services rendered to that stage in the financing process. B. Reimbursement of Costs, FX_1 Invoiced or agreed-upon amounts as follows. Reimbursable out-of-pocket expenses not to exceed $1,000. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through 06/30/20211 shall not exceed$36,0001- 5. Special Provisions: El Permitted Sub-Consultants: one ❑ Security for Performance: None�, F-1 Notwithstanding the completion date set forth in Section 3 above, City has option to extend this Agreement for� additional terms,defined as a one-year increment or �Eiilet-a )ec�'��1`1(11111 1"'11)"te. i able,.The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend,each extension shall be on the same terms and conditions contained herein,provided that the amounts specified in Section 4 above may be increased by up to for each extension. The City shall give written notice to Consultant of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document. None 14 City of Chula Vista Agreement No.:2020-076, 1 i Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 265 of 711 X71 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form �Z General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement *Must be primary and must not or Blanket Al Endorsement for exclude ProductslCompleted City* Operations Waiver of Recovery Endorsement Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code I-Any Auto Code 8-Hired Code 9-Non Owned Workers' $1,000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1,000,000 disease each employee Waiver of Recovery Endorsement �Z Professional Liability $1,000,000 each occurrence (Errors & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms: NONE� iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillill�illillillillillillilliillillilillilllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillillillillillilliillillililllillillillillillillilliillillillillillillilliillillilillillillilI 15 City of Chula Vista Agreement No.:2020-076, 1 i Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 266 of 711 EXHIBIT C CONSULTANT NT CONFLICT of INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code (`Code") require designated state and local government officials, including some consultants, to male certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Fora. 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form Foo are also required to comply with certain ethics training requirements. A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. 0 B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUALS) ASSIGNED To PROVIDE SERVICES (Categorydescriptions available at www.c u"av staca. o d a gy m / - rklc c io er t- o " . Name Email Address AMlicante.l es nation Enter Name of Each Individual Enter email addresses) A. Full Disclosure Who will Be Providing Service Under the Contract—If B. Lilmited. Disclosure (select one or more of individuals have different the categories under which the consultant shall file).. disclosure requirements, El 1 �"L►7 6 7 duplicate this row and complete se aratel or each Justification: individual C. Excluded from Disclosure .required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of"Consultant,"pursuant to FPPC Regulation 1 uoo.3, must file a Form Foo. 2.1 equired Filing Deadlines Each initial Form Foo required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the Agreement. .Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement asfull disclosure, limited disclosure, or e. cluded 4 f om disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-,ASK-,FPPC, or (866)275-3772 *2w Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written determination of the consultant's requirement to comply with the disclosure requirements set forth in the Code. Completed by.-, Patricia Macias,Man agem en t Analyst 1 Cal. Gov. Code §§8 1000 et seq.;FPPC;:begs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal. Gov. Code §§53234,et sect. 4 CA FPPC Adv.A-15-147 (Chadwick)(2015) Davis v. Fresno Jn fied Schaal.District(20 15)237 Cal.App.4"26 1;FPPC Reg. 700.3 (Consultant defined as an"individual"who participates in making a governmental decision; "individual"'does not include corporation or limited liability company). 7i City of Chula Vista Agreement No.:2020-07( Consultant Name:Harrell&Company Advisors,LLQ Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 267 of 711. EXHIBIT D MUNICIPAL ADVISOR DISCLOSURES Fiduciary Duty NIHA Advisors, LLC ('WHA Advisors") is registered as a Municipal Advisor with the U. S. Securities and Exchange Commission ("SEC") and Municipal Securities Rulemaking Board ("MSRB"). As such, NHA Advisors has a fiduciary duty to the City of Chula Vista and must provide both a Duty of Care and a Duty of Loyalty that entails the following. Duty of Care: a) exercise due care in performing its municipal advisory activities; b) possess the degree of knowledge and expertise needed to provide the City of Chula Vista with informed advice; c) make a reasonable inquiry as to the facts that are relevant to the City of Chula Vista's determination as to whether to proceed with a course of action or that form the basis for any advice provided to the City of Chula Vista; and d) undertake a reasonable investigation to determine that NHA Advisors is not forming any recommendation on materially inaccurate or incomplete information; NHA Advisors must have a reasonable basis for: i. any advice provided to or on behalf of the City of Chula Vista; ii. any representations made in a certificate that it signs that will be reasonably foreseeably relied upon by the City of Chula Vista,any other party involved in the municipal securities transaction or municipal financial product, or investors in the City of Chula Vista securities; and iii. any information provided to the City of Chula Vista or other parties involved in the municipal securities transaction in connection with the preparation of an official statement. DutV of LoValtV.- NHA Advisors must deal honestly and with the utmost good faith with the City of Chula Vista and act in the City of Chula Vista's best interests without regard to the financial or other interests of NHA Advisors. NHA Advisors will eliminate or provide full and fair disclosure (included herein) to Issuer about each material conflict of interest (as applicable). NHA Advisors will not engage in municipal advisory activities with the City of Chula Vista as a municipal entity, if it cannot manage or mitigate its conflicts in a manner that will permit it to act in the City of Chu�la Vista's best interest. Conflicts of Interest and Other Matters Requiring Disclosures 0 As of the commencement date of the Project,there are no actual or potential conflicts of interest other than those noted below that NHA Advisors is aware of that might impair its ability to render unbiased and competent advice or to fulfill its fiduciary duty. If NHA Advisors becomes aware of any potential conflict of interest that arise after this disclosure, NHA Advisors will disclose the detailed information in writing to the City of Chula Vista in a timely manner. The fee paid to NHA Advisors increases the cost of investment to the City of Chula Vista. The increased cost occurs from compensating NHA Advisors for municipal advisory services provided. This conflict of interest will not impair NHA Advisors' ability to render unbiased and competent advice or to fulfill its fiduciary duty to the issuer. 2020-07-28 Agenda Packet, Page 268 of 711 0 NHA Advisors does not act as princ,i'pal in any of the transaction(s) related to its role/wo,rk on the Project. 0 During the term of the municipal advisory relationship, any agreement between the City of Chula Vista and NHA Advisors will be promptly amended to reflect any material changes or additions. 0 NHA Advisors does not have any affiliate that provides any advice, service,ce, or product to or on behalf of the City of Chula Vista that is directly or indirectly related to the municipal advisory activities to be performed by NHA Advisors; 0 NHA Advisors has not made any payments directly or indirectly to obtain or retain the City of Chula Vista's municipal advisory business; 0 NHA Advisors has not received any payments from third parties to enlist NHA Advisors' recommendation to the City of Chula Vista of its services, any municipal securities transaction or any municipal finance product; 0 NHA Advisors has not engaged in any fee-splitting arrangements involving NHA Advisors and any provider of investments,or services to the City of Chula Vista; 0 NHA Advisors has a conflict of interest from compensation for municipal advisory activities to be performed,that are contingent on the size or closing of any transactions as to which NHA Advisors is providing advice; 0 NHA Advisors serves a wide variety of other clients that may from time to time have interests that could have a direct or indirect impact on the interests of another NHA Advisors client. For example, NHA Advisors serves as municipal advisor to other municipal advisory clients and, in such cases, owes a regulatory duty to such other clients just as it does to the City of Chulla Vista. These other clients may, from time to time and depending on the specific circumstances, have competing interests. In acting in the interests of its various clients,, NHA Advisors could potentially face a conflict of interest arising from these competing client interests. NHA Advisors fulfills its regulatory duty and mitigates such conflicts through dealing honestly and with the utmost good faith with the City of Chula Vista; and 0 NHA Advisors does not have any legal or disciplinary event that is material to the City of Chula Vista's evaluation of the municipal advisory or the integrity of its management or advisory personnel. Pursuant to MISRB G-10, on Investor and Municipal Advisory Client Edulcation and Protection, Mlunicipal Advisors are required to provide certain written information to their mulnicipal entity and obligated person clients which include the following: 0 NHA Advisors is currently registered as a Municipal Advisor with the SEC and the, MSRB. 0 Within the M&RB website at www.msrb.org, the City of Chula Vista may obtain the (Municipal Advisory client brochure that is posted on the M&RB website. The brochure describes the protections that may be provided by the IVISR13 Rules along with how to file a complaint with financial regulatory authorities. Legal Events and Disciplinary History NHA Advisors does not have any legal events and disciplinary history on its Form MA and Form MA-1, which includes information about any criminal actions, regulatory actions, investigations, terminations, judgments, liens, civil judicial actions, customer complaints, arbitrations and civil litigation. The City of Chula Vista may electronically access NHA Advisors' most recent Form MA and each most recent Form MA-1 filed with the Commission at the following website: yvwyv.se�L�, ov ese_,archedgiarc ar ,se arch.hitmi 2020-07-28 Agenda Packet, Page 269 of 711 There have been no material changes to a legal or disciplinary event disclosure on any Form MA or Form MA-I filed with the SEC. Recommendations If NHA Advisors makes a recommendation of a municipal securities transaction or municipal financial product or if the review of a recommendation of another party is requested in writing by the City of Chula Vista and is within the scope of the engagement, NHA Advisors will determine, based on the information obtained through reasonable diligence of NHA Advisor's whether a municipal securities transaction or municipal financial product is suitable for the City of Chula Vista. In addition, NHA Advisors will inform the City of Chula Vista of: • the evaluation of the material risks, potential benefits., structure,, and other characteristics of the recommendation; • the basis upon which NHA Advisors reasonably believes that the recommended municipal securities transaction or municipal financial product is, or is not, suitable for the City of Chula Vista; and • whether NHA Advisors has investigated or considered other reasonably feasible alternatives to the recommendation that might also or alternatively serve the City of Chula Vista objectives. If the City of'Chula Vista elects a course of action that is independent of or contrary to the advice provided by NHIA Advisors, NHA Advisors is not req�u�ired on that basis to disengage from the City of Chula Vista. Record Retention Effective July 1, 2014, pursuant to the SEC record retention regulations,, NHA Advisors is required to maintain in writing, all communication and created documents between NHA Advisors and the City of Chula Vista for five (5) years. 2020-07-28 Agenda Packet, Page 270 of 711 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File IIS: 20-0210 TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AWARDING THE AGREEMENT BETWEEN THE CITY" of CHULA VISTA, AND STI EL NICOLAUS & COMPANY, INC. To PROVIDE UNDERWRITING SERVICES. RECOMMENDEDT Council adopt the resolutions. SUMMARY The City of Chula Vista solicited proposals from qualified firms interested in performing the duties and functions for services as Underwriter. A total of nine 9firms submitted proposals, four (4) firms were interviewed and one 1 firm was selected to perform underwriting services for,land-based financings and non-land-based (General Fund) financings. ENVIRONMENTAL REVIEW The Development Services Director :has reviewed the proposed activity for compliance with the California Quality Environmental C y Act CCA and has determined that the activity is not a "Project" as defined under Section 1537of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c](3) no,environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable DISCUSSION The City of Chula Vista "the City")solicited proposals from qualified firms to serve as the City's Underwriter in correction to the potential issuance of pension obligation bonds,as well as for future bond issuances. "cope of Work Consultant shall: A. Provide review and comment on all documents related to the financing. B. Identify,evaluate,and explain the benefits and risks of alternative financing structures. C. Optimize the overall debt structure. D. Work with the financing team to seely the highest possible credit ratings for the proposed bonds. E. Assist the financing,team to assess the benefits of credit enhancement for the bonds. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, Page 271 of 711. F. Advise the financing team regarding the timing,sizing and structure of the bond issue. G. Develop and execute a marketing plan that will result in the most favorable for the bonds. H. Assist in the preparation of the official statement and other legal and disclosure documents used in connection with the sale of bonds. 1. Participate in meetings with and presentations to the City Council, City Staff, consultants, rating agencies,and insurance companies. J. Keep the City apprised of regulatory developments,as appropriate. K. Provide assistance in closing the bond issue. L. Prepare post-sale analyses, including but not limited to, information on placement of the bonds, market conditions at the time of sale, orders, designations, allocations, and results of comparable sales. Consultant Selection Process Finance staff followed Chula Vista Municipal Code Section 2.56.110 in the Underwriter selection process. As required, a Request for Proposal (RFP) was prepared,advertised and posted on PlanetBids,the City's third- party bid platform. A total of 2,42,vendors were notified through the posting of this RFP. The RFP included a description of the scope of work and the time frames for completion. Each firm was asked to indicate in its proposal: 1)proof of general familiarity with underwriting Pension Obligation Bonds; 2) names and qualifications of all key personnel to be used in the project, including any subconsultants; 3)past record of performance and references 4Approach to work; 5) Bond issuance experience with different types of financings (i.e. COPS, Ls,etc.); and 6) a cost estimate. The following nine (9) firms submitted responses to this RFP: Firm Name Location Bank of America Securities, Inc. Los Angeles, CA Brandis Tallman, LLC San Francisco, CA Citigroup Global Markets,Inc. Los Angeles, CA Hilltop Securities Cardiff, C.A. JP Morgan San Francisco, CA Piper Sandler San Francisco, CA Raymond James Solana Beach, CA Samuel A. Ramirez&Co., Inc. Los Angeles,CA Stifel Nicolaus&Company, Inc. Los Angeles,CA The Selection Committee consisted of the following members: David Bilby, Director of Finance/Treasurer Tiffany Alen,Director of Development Services Kimberly Elliot, Facilities Finance Manager Patricia Macias, Management Analyst The Selection Committee members were provided with individual copies of the proposals from the nine (9) firms. Four (4) firms were invited to participate in the interview process. On July 07, 202,0 the Selection Committee interviewed,judged, and discussed the firms based on the qualification of personnel, adherence of firm's proposal to RFP guidelines, resources available to perform tasks on time and within budget, firm experience directly related to contract,, quality of presentation, response to interview questions, and total P 12 2020-07-28 Agenda Packet, Page 272 of 711 cost and justification. Stifel Nicolaus & Company, Inc. was selected as the most qualified to perform the services required for the City of Chula Vista. This decision was based on evaluating many criteria,including project team and area knowledge, experience handling similar bond issues for other agencies and municipalities, and quality of work based on results achieved through similar contracts. In regard to all of these factors, the Selection Committee concluded that the case for Stifel Nicolaus & Company, Inc. was the strongest among the competing firms. TheAgreements The proposed agreement with Stifel Nicolaus,&Company,Inc.uses the City's standard two-party agreement. Under this contract,the Consultant agrees to perform the scope of work from July 28, 2020 through June 30, 2021. This section is extremely precise in order to ensure that all of the City requirements are included in the fee. The,compensation schedule can be reviewed in Exhibit A of the agreement.The City will procure the services of Stifel Nicolaus & Company, Inc. for any future bond issuances to be completed through June 3,0, 2025.At which time the City will draft a new two-party agreement with the scope of services specific to said bond issuance for Council approval. The City reserves the right to use the services of Stifel Nicolaus & Company, Inc. or Raymond James (number two (2) firm in the RFP process) for future bond issuances through 06/30/2025 at its discretion. DECISION-MAKER,CONFLICT" Staffhas reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The costs associated with the work performed by the City's Underwriter(s) will be paid out of the Cost of Issuance from bond proceeds. ONGOING FISCAL IMPAC oil None. MYTACHMENTS 1. Agreement with Stifel Nicolaus &Company for Underwriting Services (Pension Obligation Bonds). 2. Agreement with Stifel Nicolaus & Company, Inc. for Underwriting Services (CFI 16-1 [IA 2] [Mi lenia]). Staff Contact:Patricia Macias, Management Analyst P 3 2020-07-28 Agenda Packet, Page 273 of 711 RESOLUTION NO. RESOLUTION F THE CITYohs NCIL OF THE CITY OF CHULA VISTA AWARDING THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA .ANIS STIFEL NIC LAUS & COMPANY, INC. TO SERVICES.PROVIDE UNDERWRITING WHEREAS, the City requires underwriting services to be performed in connection with the potential issuance of Pension Obligation Bonds and Community Facilities District .Bonds CFD 16-1 (IA 2) (Millenia); and WHEREAS, in order to procure these services, the City solicited proposals in accordance with Chula Vista T' unicipal. Code Section 2.56.1.10; and WHEREAS,►,the City received nine (9)proposals from firms interested in providing Underwriting Services; and.. WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four(4) firms and.determined Stifel T icolaus Company, Inc. as the firm to provide underwriting services for the issuance of Pension Obligation Bonds and Community Facilities District Bonds CFD 16-I(IA 2) (Millenia); and WHEREAS, the City may procure work on up to several land based and non-land- based projects of varying size and. complexity throughout the duration of the underwriting services agreements, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Nista that it approves the agreements between the City of Chula Vista and Stifel icolaus & Company, Inc, to provide Underwriting services, in the forms presented, with such minor modifications as may be required or approved by the City attorney, copies of which shall be kept on file in the office of the City Clerk, and authorizes and directs the Mayor to execute same. 2020-07-2 Agenda Packet, Page 274 of 711. Resolution No. 2020- Page 0 0-Fuge 2 Presented y: Approved as to foram y: David Bilby, MSBA, CPFO Glen R. Googins Director of Finance/Treasurer City Attorney 2020-07-2 Agenda Packet, Page 275 of 711. CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH STIFEL NICOLAUS & COMPANY, INC. 'TO PROVIDE UNDERWRITING SERVICES This Agreement is entered into effective as of 07/28/2020 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation ("City"), and STI EL, NICOLAUS & COMPANY, INC., a California Corporation) ("Consultant"" (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, the City requires Underwriting Services to be performed in connection with the issuance of Pension Obligation Bonds; and WHEREAS, In order to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110; and WHEREAS, the City received nine (9) proposals from firms interested in providing Underwriting services; and WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four (4) firms and determined Stifel Nicolaus & Company, Inc. as the firm to provide Underwriting services for the issuance of Pension Obligation Bonds; and WHEREAS,the city may procure work on up to several land based and non-land-based projects of varying size and complexity throughout the duration of the Underwriting Services Agreement; 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.] ,i City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 276 of 711 OBLIGATORY PROVISIoNS Now, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables" if any described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/'or Deliverables described in Exhibit A shall be referred to herein as the "required Services." 1.2 reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this, Agreement. Upon doing So, City and.Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, Citi"may request Consultant provide additional services related to the Required Services ("Additional Services''. If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1..4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1..5 No Waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws,codes,industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Performance. In the event that Exhibit ASection 4 indicates the need. for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula Vista l'' nicipal. Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from city. 1.9 Subcontractors. prior to commencement of any work, Consultant shall submit for City's information and approval a list of any and all subcontractors to be used by Consultant in the performance of the required Services. Consultant agrees to tale appropriate measures necessary to ensure that all subcontractors and City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL N C CLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 277 of 711. personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services,City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Invoicing. Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed,, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges,must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty(30)days.Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices, not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention P"olic * City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant's out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A,Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 1 2.6 Exc I iusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (bow arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 PUment Not Final A,pproyal. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 3 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:STIFEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 278 of 711 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation n already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. . INSURANCE .1 Re p g p performance of Required Insurance. Consultant must procure an maintain, urn the period 0 Rewired Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance" . The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed Insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California Hist of Eligible Surplus Lines Insurers LESLI with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-cons ultants/subcontractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. .5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as p additional with insureds respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CCS 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General LiabilityCovera e to be "P'rimar ." Consultant's general liability coverage must be primary insurance ce as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance police may be canceled by either Party during the required insured period under this Agreement, except after thirty days'prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage s.. 3.8 Waiver of Subrogation. Consultant's insurers will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a clam.... against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furmish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the teras of this Agreement. The words City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL N COLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 279 of 711. 44will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives"or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the 11 1 right to require, at any time, complete, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 'Claims Made Policy Requirements. If General Liability,Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The "Retro Date"must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of this Agreement, the Consultant must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Covera. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires, and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect,defend,indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity here Agreement Involves Desig,n Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as maybe amended from time to time, the defense and indemnity obligation under Section, 1, above, shall be limited to the extent required by Califomia Civil Code section 2782.8. 5 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 28,0 of 711 4.3 Costs of Defense and Award. Included in Consultant's obligations under this Section 4 is Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant's Obligations Not Limited or Modified. Consultant's obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant's obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant's other obligations or duties under this Agreement. 4.5. 'Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's obligations under this Section 4. 4.6 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Form 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form(Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures-, Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held.bar Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this, Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 'Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall. violate any of the other covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior (i Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:STIFEL NOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 28,1 of 711 to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for work satisfactorily performed prior to Consultant's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 'Termination or Suspension for Convenience of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (1 5) days prior to the effective date thereof. Upon receipt of such notice, Consultant all immediately cease all work under the Agreement and promptly deliver all"Work Product"(defined in Section 7 below)to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the termination/suspension notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City inthe implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Govem,i,n, Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 'Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail. directed to the individual. and address listed under"For Legal. Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 7 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 28,2 of 711 of the Required Services (collectively"Work Product"') shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prior written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited by other applicable laws. With respect to computer files containing data generated as Work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. GENERAL PROVISIONS 8.1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant's unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which City may grant, condition or deny in its sole discretion. 8.3 Authorit y. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind Consultant to its obligations hereunder without any further action or direction from Consultant or any board, principle or officer thereof. 8.4 Counterparts. This Agreement may be executed in counterparts., each of which shall be deemed an original,but all of which shall constitute one Agreement after each Party has signed such a counterpart. 8.5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements,, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention. During the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged to City, including such records in the possession of sub- contractors/sub-consultants. 8.7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Indep ndent Contractor. Consultant is and shall at all times remain as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related Individuals"), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of them shall be entitled to any benefits to which City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tax, social security tax or 8 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 28,3 of 711 any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsiblefor the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability Whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested,, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (Enid of page. Next page is signature page.) 9 City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 28,4 of 711 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS, WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. STIFEL NICOLAUS & COMPANY, INC. CITY OF CHULA VISTA BY: BY: RAUL AME CUA MARY CASILLAS SALAS MANAGING DIRECTOR MAYOR ATTEST: KERRY BIGELOW CITY CLERK APPROVED AS TO FORM BY: Glen R. Googins City Attorney to City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 28,5 of 711 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patricia Macias 276 Fourth Avenue, Chula Nista, CA 1' 10 (619) 407-3565 pmacias@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@chulavistaca.gov B. Consultant Contract Administration: STIFEL NICOLAUS & COMPANY, INC, 515 S. Figueroa St., Suite 1800, Los, Angeles, CA 90071 (213) 443-5202 ramezcua@stifel.com For Legal Notice Copy to: STIFEL NICO LAUS & COMPANY, INC. Raul Amezcua, Managing Director 515 S. Figueroa St., Suite 1800, Los Angeles, CA 90071 (213) 443-5202 ramezcua@stifel.com 2. Required Services A. General Description: Stifel Nicolaus & Company, Inc. will provide Underwriting Services in relation to the issuance of Pension Obligation Bonds. B. Detailed Description: Scope of Work Consultant shall: A. Provide review and comment on all documents related to the financing. B. Identify, evaluate, and explain the benefits and risks of alternative financing structures. C. Optimize the overall. debt structure. D. Work with the financing team to seek the highest possible credit ratings for the proposed bonds. City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 28,6 of 711 E. Assist the financing team to assess the benefits of credit enhancement for the bonds. F. Advise the financing team regarding the timing, sizing and structure of the bond issue. G. Develop and execute a marketing plan that will result in the most favorable for the bonds. H. Assist in the! preparation of the official statement and other legal and disclosure documents used in connection with the sale of bonds. I. Participate in meetings with and presentations to the City Council, City Staff, consultants,rating agencies, and insurance companies. J. Keep the City apprised of regulatory developments, as appropriate. K. Provide assistance in closing the bond issue. L. Prepare post-sale analyses, including but not limited to, information on placement of the bonds, market conditions at the time of sale, orders, designations, allocations, and results of comparable sales. 3. Term: In accordance with Section 1.10 of this Agreement,the term of this Agreement shall begin 07/28/2020 and end on 06/`30/2021 for completion of all Required Services. 4. Compensation: A. For of Compensation Z Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of$2.25 per $1,000 with a not to exceed $855,000 for Underwriting the City's Pension Obligation Bonds, payable from the bond proceeds upon completion of all Required Services to City's satisfaction. B. Reimbursement of Costs, Z Invoiced or agreed-upon amounts as follows: Reimbursement costs total $0�.25 per bond per $1,000 with a not to exceed $95,000. Reimbursement costs include Underwriter's Counsel, Continuing Disclosure, Marketing, Miscellaneous, Ipreo Fees, Blue Sky, DTC Setup, CDIAC, CUSIP Numbers, and Day Loan. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through 06/30/2021 shall not exceed $950,000). 5. Special Provisions: El Permitted Sub-Consultants: None F I Security for Performance.- None F I Notwitb standing the completion date set forth in Section 3 above, City has option to extend this Agreement for additional terms, defined as a one-year increment or Ei �,.(, The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend,each extension shall be on the same terms and conditions contained herein,provided that the amounts specified in Section 4 above may be increased by up to for each extension. The City shall give written notice to Consultant of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document. 12 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 28,7 of 711 None iiiiiiiiiiiiiiiiiiiiiill��illillillillillillilliillillilillillilI iiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillI 113 City o Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 28,8 of 711 X71 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form CX General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement *Must be primary and must not or Blanket Al Endorsement for exclude ProductslCompleted City* Operations Waiver of Recovery Endorsement Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code I-Any Auto Code 8-Hired Code 9-Non Owned Workers' $1,000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1,000,000 disease each employee Waiver of Recovery Endorsement z Professional Liability $1,000,000 each occurrence (Errors & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms: NONE iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillI iiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillI 14 City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 28,)of 711 EXHIBIT C CONSULTANT NT CONFLICT of INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code2 (` Code") require designated state and local government officials, including some consultants, to male certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Fora. 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form Foo are also required to comply with certain ethics training requirements w A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. 0 B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUALS) ASSIGNED To PROVIDE SERVICES (Categorydescriptions available at www.c u"av staca. o d a gy m / - rklc c io er t- o " . "s Name Email dress4Mlicante.l es nation Enter Name of Each Individual Enter email address(es) EIA. Full Disclosure Who will Be Providing Service Under the Contract—If B. Lilmited. Disclosure (select one or more of individuals have different the categories under which the consultant shallfile).. disclosure requirements, El 1 �"L►7 6 7 duplicate this row and complete se aratel or each Justification: individual C. Excluded from Disclosure .required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of"Consultant,"pursuant to FPPC Regulation 1 uoo.3, must dile a Form Foo. 2.1 equired Filing Deadlines Each initial Form Foo required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the.Agreement. .Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement asfull disclosure, limited disclosure, or e. cluded 4 f om disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-,ASK-,FPPC, or (866)275-3772 *2w Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written determination of the consultant's requirement tocomply with the disclosure requirements set forth in the Code. Completed by.-, Patricia Macias,Man agem en t Analyst 1 Cal. Gov. Code §§8 1 o0 et seq., FPPC;:begs. 18700.3 and 18704. 2 Chula Vista Municipal Code §2.02.010-2.02.040. 3 Cal. Gov. Code §§53234,et.sect. 4 CA FPPC Adv.A-15-147 (Chadwick)(2015) Davis v. Fresno Un4ied School District 2015),237 Cal. .pp.4"26 1; PP,C Reg. 8700.3 (Consultant defined as an"individual"who participates in making a governmental decision; "individual"'does not include corporation or limited liability company). iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilililI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilI 15 City of Chula Vista Agreement No.:2020-077 Consultant Name:STIFEL NC CLAUS&COMPANY,INC. Rev. 0/24/1.7 2020-07-2 Agenda Packet Page 290 of 711. CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH STIFEL NICOLAUS & COMPANY, INC. 'TO PROVIDE UNDERWRITING SERVICES This Agreement is entered into effective as of 07/28/2020 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation ("City"), and STI EL, NICOLAUS & COMPANY, INC., a California Corporation) ("Consultant"" (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, the City requires Underwriting Services to be performed in connection with the issuance of Community Facilities District Bonds CFD 16-1 (IA 2) (Millenia and WHEREAS, In order to procure these services, the City solicited proposals in accordance with Chula Vista Municipal Code Section 2.56.110; and WHEREAS, the City received nine (9) proposals from firms interested in providing Underwriting services; and WHEREAS, the City's firm selection committee completed its review of the proposals and conducted interviews on the top four (4) firms and determined Stifel Nicolaus & Company, Inc. as the firm to provide Underwriting services for the issuance of Community Facilities District Bonds CFD 16-1 (IA 2) (Millenia and WHEREAS, the City may procure work on up to several land based and non-land-based projects of varying size and complexity throughout the duration of the Underwriting Services Agreement; 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.] ,i City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 291 07 11. OBLIGATORY P"ROVISIoNS Now, THEREFORE, in consideration of the above recitals, the covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, City and Consultant hereby agree as follows: 1. SERVICES 1.1 Required Services. Consultant agrees to perform the services, and deliver to City the "Deliverables" if any described in the attached Exhibit A, incorporated into the Agreement by this reference, within the time frames set forth therein, time being of the essence for this Agreement. The services and/or Deliverables described in Exhibit A shall be referred to herein as the "Required Services." 1.2 Reductions in Scope of Work. City may independently, or upon request from Consultant, from time to time, reduce the Required Services to be performed by the Consultant under this, Agreement. Upon doing so, City"and.Consultant agree to meet and confer in good faith for the purpose of negotiating a corresponding reduction in the compensation associated with the reduction. 1.3 Additional Services. Subject to compliance with the City's Charter, codes, policies, procedures and ordinances governing procurement and purchasing authority, Citi"may request Consultant provide additional services related to the Required Services ("Additional Services''. If so, City and Consultant agree to meet and confer in good faith for the purpose of negotiating an amendment to Exhibit A, to add the Additional Services. Unless otherwise agreed, compensation for the Additional Services shall be charged and paid consistent with the rates and terms already provided therein. once added to Exhibit A, "Additional Services" shall also become "Required Services" for purposes of this Agreement. 1..4 Standard of Care. Consultant expressly warrants and agrees that any and all Required Services hereunder shall be performed in accordance with the highest standard of care exercised by members of the profession currently practicing under similar conditions and in similar locations. 1..5 No waiver of Standard of Care. Where approval by City is required, it is understood to be conceptual approval only and does not relieve the Consultant of responsibility for complying with all laws,codes,industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of the Consultant or its subcontractors. 1.6 Performance. In the event that Exhibit A Section 4 indicates the need. for Consultant to provide additional security for performance of its duties under this Agreement, Consultant shall provide such additional security prior to commencement of its Required Services in the form and on the terms prescribed on Exhibit A, or as otherwise prescribed by the City Attorney. 1.7 Compliance with Laws. In its performance of the Required Services, Consultant shall comply with any and all applicable federal, state and local laws, including the Chula.Vista l'' nicipal. Code. 1.8 Business License. Prior to commencement of work, Consultant shall obtain a business license from City. 1.9 Subcontractors. prior to commencement of any work, Consultant shall submit for City's information and approval a list of any and all subcontractors to be used.by Consultant in the performance of the Required Services. Consultant agrees to tale appropriate measures necessary to ensure that all subcontractors and City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL N COLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 292 of 711. personnel utilized by the Consultant to complete its obligations under this Agreement comply with all applicable laws, regulations, ordinances, and policies, whether federal, state, or local. In addition, if any subcontractor is expected to fulfill any responsibilities of the Consultant under this Agreement, Consultant shall ensure that each and every subcontractor carries out the Consultant's responsibilities as set forth in this Agreement. 1.10 Term. This Agreement shall commence on the earlier to occur of the Effective Date or Consultant's commencement of the Required Services hereunder, and shall terminate when the Parties have complied with all their obligations hereunder; provided, however, provisions which expressly survive termination shall remain in effect. 2. COMPENSATION 2.1 General. For satisfactory performance of the Required Services,City agrees to compensate Consultant in the amount(s) and on the terms set forth in Exhibit A, Section 4. Standard terms for billing and payment are set forth in this Section 2. 2.2 Detailed Inv . Consultant agrees to provide City with a detailed invoice for services performed each month, within thirty (30) days of the end of the month in which the services were performed,, unless otherwise specified in Exhibit A. Invoicing shall begin on the first of the month following the Effective Date of the Agreement. All charges,must be presented in a line item format with each task separately explained in reasonable detail. Each invoice shall include the current monthly amount being billed, the amount invoiced to date, and the remaining amount available under any approved budget. Consultant must obtain prior written authorization from City for any fees or expenses that exceed the estimated budget. 2.3 Payment to Consultant. Upon receipt of a properly prepared invoice and confirmation that the Required Services detailed in the invoice have been satisfactorily performed, City shall pay Consultant for the invoice amount within thirty(30)days.Payment shall be made in accordance with the terms and conditions set forth in Exhibit A and section 2.4, below. At City's discretion, invoices, not timely submitted may be subject to a penalty of up to five percent (5%) of the amount invoiced. 2.4 Retention P"olic * City shall retain ten percent(10%)of the amount due for Required Services detailed on each invoice (the "holdback amount"). Upon City review and determination of Project Completion, the holdback amount will be issued to Consultant. 2.5 Reimbursement of Costs. City may reimburse Consultant's out-of-pocket costs incurred by Consultant in the performance of the Required Services if negotiated in advance and included in Exhibit A. Unless specifically provided in Exhibit A,Consultant shall be responsible for any and all out-of-pocket costs incurred by Consultant in the performance of the Required Services. 1 2.6 Exc I iusions. City shall not be responsible for payment to Consultant for any fees or costs in excess of any agreed upon budget, rate or other maximum amount(s) provided for in Exhibit A. City shall also not be responsible for any cost: (a) incurred prior to the Effective Date; or (bow arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 PUment Not Final A,pproyal. Consultant understands and agrees that payment to the Consultant or reimbursement for any Consultant costs related to the performance of Required Services does not constitute a City final decision regarding whether such payment or cost reimbursement is allowable and eligible for payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 3 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:STIFEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 293 of 711 this Agreement. If City determines that Consultant is not entitled to receive any amount of compensation n already paid, City will notify Consultant in writing and Consultant shall promptly return such amount. . INSURANCE .1 Re p g p performance of Required Insurance. Consultant must procure an maintain, urn the period 0 Rewired Services under this Agreement, and for twelve months after completion of Required Services, the policies of insurance described on the attached Exhibit B, incorporated into the Agreement by this reference (the "Required Insurance" . The Required Insurance shall also comply with all other terms of this Section. 3.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions relating to the Required Insurance must be disclosed to and approved by City in advance of the commencement of work. 3.3 Standards for Insurers. Required Insurance must be placed with licensed Insurers admitted to transact business in the State of California with a current A.M. Best's rating of A V or better, or, if insurance is placed with a surplus lines insurer, insurer must be listed on the State of California Hist of Eligible Surplus Lines Insurers LESLI with a current A.M. Best's rating of no less than A X. For Workers' Compensation Insurance, insurance issued by the State Compensation Fund is also acceptable. 3.4 Subcontractors. Consultant must include all sub-cons ultants/subcontractors as insureds under its policies and/or furnish separate certificates and endorsements demonstrating separate coverage for those not under its policies. Any separate coverage for sub-consultants must also comply with the terms of this Agreement. .5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as p additional with insureds respect to any policy of general liability, automobile, or pollution insurance specified as required in Exhibit B or as may otherwise be specified by City's Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CCS 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General LiabilityCovera e to be "P'rimar ." Consultant's general liability coverage must be primary insurance ce as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance provided by Consultant and in no way relieves Consultant from its responsibility to provide insurance. 3.7 No Cancellation. No Required Insurance police may be canceled by either Party during the required insured period under this Agreement, except after thirty days'prior written notice to the City by certified mail, return receipt requested. Prior to the effective date of any such cancellation Consultant must procure and put into effect equivalent coverage s.. 3.8 Waiver of Subrogation. Consultant's insurers will provide a Waiver of Subrogation in favor of the City for each Required Insurance policy under this Agreement. In addition, Consultant waives any right it may have or may obtain to subrogation for a clam.... against City. 3.9 Verification of Coverage. Prior to commencement of any work, Consultant shall furnish City with original certificates of insurance and any amendatory endorsements necessary to demonstrate to City that Consultant has obtained the Required Insurance in compliance with the teras of this Agreement.. The words 4 City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL N COLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 294 of 711. 44will endeavor" and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or representatives"or any similar language must be deleted from all certificates. The required certificates and endorsements should otherwise be on industry standard forms. The City reserves the right to require, at any time, complete!, certified copies of all required insurance policies, including endorsements evidencing the coverage required by these specifications. 3.10 'Claims Made Policy Requirements. If General Liability,Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions coverage are required and are provided on a claims-made form, the following requirements also apply: a. The "Retro Date"must be shown, and must be before the date of this Agreement or the beginning of the work required by this Agreement. b. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of the work required by this Agreement. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a "Retro Date" prior to the effective date of this Agreement, the Consultant must purchase "extended reporting"coverage for a minimum of five(5)years after completion of the work required by this Agreement. d. A copy of the claims reporting requirements must be submitted to the City for review. 3.11 Not a Limitation of Other Obligations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Covera. To the extent that insurance coverage provided by Consultant maintains higher limits than the minimums appearing in Exhibit B, City requires, and shall be entitled to coverage for higher limits maintained. 4. INDEMNIFICATION 4.1. General. To the maximum extent allowed by law, Consultant shall protect,defend,indemnify and hold harmless City, its elected and appointed officers, agents, employees and volunteers (collectively, "Indemnified Parties"), from and against any and all claims, demands, causes of action, costs, expenses, (including reasonable attorneys' fees and court costs), liability, loss, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions, negligence, or willful misconduct of Consultant, its officials, officers, employees, agents, and contractors, arising out of or in connection with the performance of the Required Services, the results of such performance, or this Agreement. This indemnity provision does not include any claims, damages, liability, costs and expenses arising from the sole negligence or willful misconduct of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. 4.2. Modified Indemnity here Agreement Involves Desig,n Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as maybe amended from time to time, the defense and indemnity obligation under Section, 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 5 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 295 of 711 4.3 Costs of Defense and Award. Included in Consultant's obligations under this Section 4 is Consultant's obligation to defend, at Consultant's own cost, expense and risk, any and all suits, actions or other legal proceedings that may be brought or instituted against one or more of the Indemnified Parties. Subject to the limitations in this Section 4, Consultant shall pay and satisfy any judgment, award or decree that may be rendered against one or more of the Indemnified Parties for any and all related legal expenses and costs incurred by any of them. 4.4. Consultant's Obligations Not Limited or Modified. Consultant's obligations under this Section 4 shall not be limited to insurance proceeds, if any,received by the Indemnified Parties, or by any prior or subsequent declaration by the Consultant. Furthermore, Consultant's obligations under this Section 4 shall in no way limit, modify or excuse any of Consultant's other obligations or duties under this Agreement. 4.5. 'Enforcement Costs. Consultant agrees to pay any and all costs City incurs in enforcing Consultant's obligations under this Section 4. 4.6 Survival. Consultant's obligations under this Section 4 shall survive the termination of this Agreement. 5. FINANCIAL INTERESTS OF CONSULTANT. 5.1 Fonn 700 Filing. The California Political Reform Act and the Chula Vista Conflict of Interest Code require certain government officials and consultants performing work for government agencies to publicly disclose certain of their personal assets and income using a Statement of Economic Interests form(Form 700). In order to assure compliance with these requirements, Consultant shall comply with the disclosure requirements identified in the attached Exhibit C, incorporated into the Agreement by this reference. 5.2 Disclosures-, Prohibited Interests. Independent of whether Consultant is required to file a Form 700, Consultant warrants and represents that it has disclosed to City any economic interests held bar Consultant, or its employees or subcontractors who will be performing the Required Services, in any real property or project which is the subject of this Agreement. Consultant warrants and represents that it has not employed or retained any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant,to solicit or secure this Agreement. Further, Consultant warrants and represents that it has not paid or agreed to pay any company or person, other than a bona fide employee or approved subcontractor working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this, Agreement. Consultant further warrants and represents that no officer or employee of City, has any interest, whether contractual, non-contractual, financial or otherwise,, in this transaction, the proceeds hereof, or in the business of Consultant or Consultant's subcontractors. Consultant further agrees to notify City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. For breach or violation of any of these warranties, City shall have the right to rescind this Agreement without liability. 6. REMEDIES 6.1 'Termination for Cause. If for any reason whatsoever Consultant shall fail to perform the Required Services under this Agreement, in a proper or timely manner, or if Consultant shall. violate any of the other covenants, agreements or conditions of this Agreement (each a "Default"), in addition to any and all other rights and remedies City may have under this Agreement, at law or in equity, City shall have the right to terminate this Agreement by giving five (5) days written notice to Consultant. Such notice shall identify the Default and the Agreement termination date. If Consultant notifies City of its intent to cure such Default prior (i Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:STIFEL NOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 296 of 711 to City's specified termination date, and City agrees that the specified Default is capable of being cured, City may grant Consultant up to ten (10) additional days after the designated termination date to effectuate such cure. In the event of a termination under this Section 6.1, Consultant shall immediately provide City any and all "Work Product" (defined in Section 7 below) prepared by Consultant as part of the Required Services. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant may be entitled to compensation for or satisfactorily performed prior to Consultant's receipt of the Default notice; provided, however, in no event shall such compensation exceed the amount that would have been payable under this Agreement for such work, and any such compensation shall be reduced by any costs incurred or projected to be incurred by City as a result of the Default. 6.2 'Termination or Suspension for Conve,mence of City. City may suspend or terminate this Agreement, or any portion of the Required Services, at any time and for any reason, with or without cause, by giving specific written notice to Consultant of such termination or suspension at least fifteen (1 5) days prior to the effective date thereof. Upon receipt of such notice, Consultant all immediately cease all work under the Agreement and promptly deliver all"Work Product"(defined in Section 7 below)to City. Such Work Product shall be City's sole and exclusive property as provided in Section 7 hereof. Consultant shall be entitled to receive just and equitable compensation for this Work Product in an amount equal to the amount due and payable under this Agreement for work satisfactorily performed as of the date of the to notice plus any additional remaining Required Services requested or approved by City in advance that would maximize City's value under the Agreement. 6.3 Waiver of Claims. In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6. 6.4 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Agreement against City unless a claim has first been presented in writing and filed with City and acted upon by City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be amended,the provisions of which, including such policies and procedures used by City inthe implementation of same, are incorporated herein by this reference. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 6.5 Govem,i,n, Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in San Diego County, State of California. 6.6 'Service of Process. Consultant agrees that it is subject to personal jurisdiction in California. If Consultant is a foreign corporation, limited liability company, or partnership that is not registered with the California Secretary of State, Consultant irrevocably consents to service of process on Consultant by first class mail. directed to the individual. and address listed under"For Legal Notice," in section I.B. of Exhibit A to this Agreement, and that such service shall be effective five days after mailing. 7. OWNERSHIP AND USE OF WORK PRODUCT All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced in whole or in part under this Agreement in connection with the performance 7 Cit;of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 297 of 711 of the Required Services (collectively "work Product") shall be the sole and exclusive property of City. No such Work Product shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express, prier written consent of City. City shall have unrestricted authority to publish, disclose, distribute, and otherwise use, copyright or patent, in whole or in part, any such Work Product, without requiring any permission of Consultant, except as may be limited by the provisions of the Public Records Act or expressly prohibited y other applicable laws. With respect to computer files containing data generated as work Product, Consultant shall make available to City, upon reasonable written request by City, the necessary functional computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. . GENERAL PROVISIONS .1 Amendment. This Agreement may be amended, but only in writing signed by both Parties. 8.2 Assignment. City would not have entered into this Agreement but for Consultant's unique qualifications and traits. Consultant shall not assign any of its rights or responsibilities under this Agreement, nor any part hereof, without City's prior written consent, which. City may grant, condition or deny in its sola discretion. .3 Authorit y. The person(s) executing this Agreement for Consultant warrants and represents that they have the authority to execute same on behalf of Consultant and to bind.Consultant to its obligations hereunder without any further action or direction from Consultant or any hoard, principle or officer thereof: gr counterparts., each of is shall be deemed an. .� Counterparts. This Agreement may e execute In counts original,but all of which shall constitute one Agreement after each.Party has signed such a counterpart. .5 Entire Agreement. This Agreement together with all exhibits attached hereto and other agreements expressly referred to herein, constitutes the entire Agreement between the Parties with respect to the subject matter contained herein. All exhibits referenced herein shall be attached hereto and are incorporated herein by reference. All prior or contemporaneous agreements, understandings, representations, warranties and statements, oral or written, are superseded. 8.6 Record Retention.. Turing the course of the Agreement and for three (3) years following completion of the Required Services, Consultant agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the performance of the Agreement, including accounting for costs and expenses charged. to City, including such records in the possession of sub- contractors/sub-consultants. ub-coi tractors/sub-consultants. .7 Further Assurances. The Parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the Parties. 8.8 Indep n:den:t Contractor. Consultant is and shall at all times remain: as to City a wholly independent contractor. Neither City nor any of its officers, employees, agents or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents ("Consultant Related Individuals"), except as set forth in this Agreement. No Consultant Related Individuals shall be deemed employees of City, and none of therm shall be entitled to any benefits to which. City employees are entitled, including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Furthermore, City will not withhold state or federal income tai., social security tai. or City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL N COLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-2 Agenda Packet Page 298 of 711. any other payroll tax with respect to any Consultant Related Individuals; instead, Consultant shall be solely responsiblefor the payment of same and shall hold the City harmless with respect to same. Consultant shall not at any time or in any manner represent that it or any of its Consultant Related Individuals are employees or agents of City. Consultant shall not incur or have the power to incur any debt, obligation or liability Whatsoever against City, or bind City in any manner. 8.9 Notices. All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any Party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such Party, postage prepaid, registered or certified, with return receipt requested,, at the addresses identified in this Agreement at the places of business for each of the designated Parties as indicated in Exhibit A, or otherwise provided in writing. (Enid of page. Next page is signature page.) 9 City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 299 of 711 SIGNATURE PAGE CONSULTANT SERVICES AGREEMENT IN WITNESS, WHEREOF, by executing this Agreement where indicated below, City and Consultant agree that they have read and understood all terms and conditions of the Agreement, that they fully agree and consent to bound by same, and that they are freely entering into this Agreement as of the Effective Date. STIFEL NICOLAUS & COMPANY, INC. CITY OF CHULA VISTA BY: BY: RAUL AME CUA MARY CASILLAS SALAS MANAGING DIRECTOR MAYOR ATTEST: KERRY BIGELOW CITY CLERK APPROVED AS TO FORM BY: Glen R. Googins City Attorney to City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 300 of 711 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Patricia Macias 276 Fourth Avenue, Chula Nista, CA 1' 10 (619) 407-3565 pmacias@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@chulavistaca.gov B. Consultant Contract Administration: STIFEL NICOLAUS & COMPANY, INC, 515 S. Figueroa St., San Diego, CA 90071 (213) 443-5004 sbrown@stifel.com For Legal Notice Copy to: Stifel Raul Amezcua, Managing Director 515 S. Figueroa St., San Diego, CA 90071 (213) 443-5202 ramezcua@stifel.com 2. Required Services A. General Description: Stifel Nicolaus &Company, Inc. will provide Underwriting Services in relation to the issuance of Community Facilities District Bonds CFD 16-1 (IA 2) (Millenia). B. Detailed Description: Scope of Work Consultant shall: A. Provide review and comment on all documents related to the financing. B. Identify, evaluate, and explain the benefits and risks of alternative financing structures. C. Optimize the overall debt structure. D. Work with the financing team to seek the highest possible credit ratings for the proposed bonds. City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 301 0f 711 E. Assist the financing team to assess the benefits of credit enhancement for the bonds. F. Advise the financing team regarding the timing, sizing and structure of the bond issue. G. Develop and execute a marketing plan that will result in the most favorable for the bonds. H. Assist in the! preparation of the official statement and other legal and disclosure documents used in connection with the sale of bonds. I. Participate in meetings with and presentations to the City Council, City Staff, consultants,rating agencies, and insurance companies. J. Keep the City apprised of regulatory developments, as appropriate. K. Provide assistance in closing the bond issue. L. Prepare post-sale analyses, including but not limited to, information on placement of the bonds, market conditions at the time of sale, orders, designations, allocations, and results of comparable sales. 3. Term: In accordance with Section 1.10 of this Agreement,the to of this Agreement shall begin 07/28/2020 and end on 06/`30/2021 for completion of all Required Services. 4. Compensation: A. For of Compensation Z Single Fixed Fee. For performance of all of the Required Services by Consultant as herein required, City shall pay a single fixed fee of $11.00 per bond per $1,000, not to exceed $143,000 for Underwriting the City's Community Facilities District Bonds CFD 16-1 (IA 2) (Millenia), payable from the bond proceeds upon completion of all Required Services to City's satisfaction. B. Reimbursement of Costs, Z None, the compensation includes all costs. Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through 06/30/2021 shall not exceed $143,000. 5. Special Provisions: F-1 Permitted Sub-Consultants: None El Security for Performance.- None F I Notwitb standing the completion date set forth in Section 3 above, City has option to extend this Agreement N _ ' for additional terms, defined as a one-year increment or Ei�,fl,.(, 111"'51"K, i IC11)1) lc(,l I We.The City Manager or Director of Finance/Treasurer shall be authorized to exercise the extensions on behalf of the City. If the City exercises an option to extend,each extension shall be on the same terms and conditions contained herein,provided that the amounts specified in Section 4 above may be increased by up to for each extension. The City shall give written notice to Consultant of the City's election to exercise the extension via the Notice of Exercise of Option to Extend document. None iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillilillllillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilI 12 City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet, Page 302 of 711 X71 EXHIBIT B INSURANCE REQUIREMENTS Consultant shall adhere to all terms and conditions of Section 3 of the Agreement and agrees to provide the following types and minimum amounts of insurance, as indicated by checking the applicable boxes (x). Type of Insurance Minimum Amount Form CX General Liability: $2,000,000 per occurrence for Insurance Services Office Form Including products and bodily injury, personal injury CG 00 01 completed operations, (including death), and property personal and damage. If Commercial General advertising injury Liability insurance with a general aggregate limit is used, either the general aggregate limit must apply separately to this Agreement or the general aggregate limit must be twice the required occurrence limit Additional Insured Endorsement *Must be primary and must not or Blanket Al Endorsement for exclude ProductslCompleted City* Operations Waiver of Recovery Endorsement Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code I-Any Auto Code 8-Hired Code 9-Non Owned Workers' $1,000,000 each accident Compensation $1 000,000 disease policy limit Employer's Liability $1,000,000 disease each employee Waiver of Recovery Endorsement z Professional Liability $1,000,000 each occurrence (Errors & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms: NONE iiiiiiiiiiiiiiiiiiiiiill��illillillillillillilliillillilillillilI iiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillI 113 City of Chula Vista Agreement No.:2020-077 Consultant Name:ST FEL NICOLAUS&COMPANY,INC. Rev. 10/24/1.7 2020-07-28 Agenda Packet Page 303 of 711 EXHIBIT C CONSULTANT NT CONFLICT of INTEREST DESIGNATION The Political Reform Act' and the Chula Vista Conflict of Interest Code2 (` Code") require designated state and local government officials, including some consultants, to male certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Fora. 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form Foo are also required to comply with certain ethics training requirements w A. Consultant IS a corporation or limited liability company and is therefore EXCLUDED 4 from disclosure. 0 B. Consultant NOT a corporation or limited liability company and disclosure designation is as follows: APPLICABLE DESIGNATIONS FOR INDIVIDUALS) ASSIGNED To PROVIDE SERVICES (Categorydescriptions available at www.c u"av staca. o d a gy m / - rklc c io er t- o " . "s Name Email dress4Mlicante.l es nation Enter Name of Each Individual Enter email address(es) EIA. Full Disclosure Who will Be Providing Service Under the Contract—If B. Lilmited. Disclosure (select one or more of individuals have different the categories under which the consultant shallfile).. disclosure requirements, El 1 �"L►7 6 7 duplicate this row and complete se aratel or each Justification: individual C. Excluded from Disclosure .required Filers Each individual who will be performing services for the City pursuant to the Agreement and who meets the definition of"Consultant,"pursuant to FPPC Regulation 1 uoo.3, must dile a Form Foo. 2.1 equired Filing Deadlines Each initial Form Foo required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system,Neffile, within 30 days of the approval of the Agreement. Additional Form 700 filings will be required annually on April 1 during the term of the Agreement, and within 30 days of the termination of the.Agreement. .Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement asfull disclosure, limited disclosure, or e. cluded 4 f om disclosure, based on an analysis of the services the Consultant will provide. Notwithstanding this designation or anything in the Agreement, the Consultant is ultimately responsible for complying with FPPC regulations and filing requirements. If you have any questions regarding filing requirements, please do not hesitate to contact the City Clerk at (619)691-5041, or the FPPC at 1-866-,ASK-,FPPC, or (866)275-3772 *2w Pursuant to the duly adopted City of Chula Vista Conflict of Interest Code,this document shall serve as the written determination of the consultant's requirement tocomply with the disclosure requirements set forth in the Code. Completed by.-, Patricia Macias,Man agem en t Analyst 1 Cal. Gov. Code §§8 1 o0 et seq., FPPC;:begs. 18700.3 and 18704. 2 Chula Vista Municipal Code §2.02.010-2.02.040. 3 Cal. Gov. Code §§53234,et.sect. 4 CA FPPC Adv.A-15-147 (Chadwick)(2015) Davis v. Fresno Un4ied School District 2015),237 Cal. .pp.4"26 1; PP,C Reg. 8700.3 (Consultant defined as an"individual"who participates in making a governmental decision; "individual"'does not include corporation or limited liability company). iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillilililI iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilliilliilillillillillillillillillilliillillillillillillilliillillillillillillilI 14 City of Chula Vista Agreement No.:2020-077 Consultant Name:STIFEL NC CLAUS&COMPANY,INC. Rev. 0/24/1.7 2020-07-2 Agenda Packet Page 304 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: -025 TITS RESOLUTION OF'THE CITY of CHULAVISTA DECLARING ASURPLUS,IN THE IMPROVEMENT FUND (FUND 512), REDEMPTION FUND (FUND 811) AND, RESERVE FUND (FUND 812) FOR THE CITY of CHULA VISTA ASSESSMENT DISTRICT No. 94-1 (EASTLAKE GREENS li) RECOMMENDEDT Council adopt the resolution. SUMMARY Assessment District No. 94-1 (Eastlake Greens II) was formed in the East area of Chula Vista to fund the improvements to and along South Greensvew Drive, Hunte Parkway and Orange Avenue. This work was completed,payment of all principal and interest due on the Bonds has been satisfied and surplus funds exist. Since the surplus funds can be reimbursed to property owners and used for maintenance of the improvements within the Assessment District,the City's consultant recommends disposition of the surplus monies in.the Assessment District:Redemption. and Reserve Funds to eligible property owners as provided for in.Section 8784 and Section.8885 of the California Streets and Highways Code,as well as the use of surplus monies in the Assessment District Improvement fund for the maintenance of the improvements within the assessment District,pursuant to section 10427 (C) of the California Streets and Highways Code. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality.Act(CEQA) and has determined thatthe activity is not a'Project"as defined under Section 15378 of the State CEQA Guidelines because the activity consists o ' a governmental fiscal/administrative activity which does not result in a physical change in the environment; therefore, pursuant to Section. 15060(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA.'Thus, no environmental review is required. BO,ARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The City Council has,by previous resolution and related actions,undertaken proceedings pursuant to the Municipal Improvement Act of 1913 to form and confirm an assessment known and designated as Assessment District No. 94-1 Eastlake Greens II (Attachment 1).Assessment District No. 94-1 was formed, 1 . 0 0 1 P IiI 1 2020-07-2 Agenda Packet, Page 305 of 711. and Limited Obligation Improvement Bonds were issued pursuant to"The Improvement Bond Act of 1915". Bonds were issued in order to fund the acquisition of public works,including streets,water,drainage and utility improvements together with appurtenances and appurtenant work(the project) to and along South Greensview Drive, Hunte Parkway and Orange Avenue,to fund a special reserve fund,to pay a portion of the interest due on the Bonds and to pay costs related to the issuance of the Bonds. On September 2, 1997,there was an Improvement Fund bond call in the amount of$2,325,000. On September 2, 2017,the City used Improvement Fund and Reserve Fund surpluses to fully pay off the Bonds. As,of April 08, 2020,there remains surpluses of$940,699.72 in the Reserve Fund (Fund 812),$2,65)287.43 in the Redemption Fund (Fund 811) and$2,677.53 in the Improvement Fund (Fund 512). The City retained Willdan Financial Services,a consultant firm with expertise in this area,,to review and perform an assessment district closeout analysis and prepare an Assessment District Closeout Analysis and Findings Report(Closeout Report) for the Assessment District.The Closeout Report summarizes the recommendations for the disposition of the remaining funds in accordance with applicable laws (Attachment 2). Consistent with the consultant's recommendation,Council is being asked to authorize: • The establishment of an Assessment and Disposition Fund in which to deposit the balances in the various City held funds for making refunds to the Assessment District 94-1 property owners and to pay closeout expenses; • Transfer $27,627.47 from the Assessment District Disposition Fund to the City General fund for payment of estimated closeout costs.; • Prepare refund checks totaling $1,178,420.88 drawn on the Assessment District Disposition fund payable to each of the Assessment District's eligible property owners.Willdan will provide a separate list to the City of the names, mailing addresses and outstanding delinquencies for the eligible property owners who should receive funds(City to retain the services of a third party for the issuance of refund checks to property owners); • Transfer$2,616.33 surplus from the Improvement Fund to a specific fund for future maintenance of the Assessment District 94-1 improvements as allowable under SIC Section 10427 (c). DECISION MAKER CONFLIC 10,111 Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet oft e 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 187022(a)(7) or (8), for purposes of the Political Reform Act (Cal. Got Code §8,7100, 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. P 2 2020-07-28 Agenda Packet, Page 306 of 711 CURRENT-YEAR FISCAL IMPACT There is no current Fiscal Impact associated with this council item.All staff time to be recovered through the assessment district from designated closeout expenses. ONGOING FISCAL IMPAC'I" None. AT rACHMEN rs 1. Assessment District 94-1 boundary map. Z. Assessment District 94-1 Closeout Analysis and Findings Report. Staff Contact:Patricia Macias, Management Analyst P 3 2020-07-28 Agenda Packet, Page 307 of 711 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING A SURPLUS IN THE IMPROVEMENT FUND (FUND 512), REDEMPTION FUND (FUND 811) AND RESERVE FUND (FUND 812) FOR THE CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS 11) WHEREAS, the City Council of the City of Chula Vista (the "City"), has conducted proceedings under the provisions of the"Municipal Improvement Act of 1913"(Division 12 of the California Streets and Highways Code)for the formation of special assessment district known and designated as Assessment District No. 94-1 (Eastlake Greens 11), hereinafter referred to as (the "Assessment District");and, WHEREAS,the City Council of the City,issued Limited Obligation Improvement Bonds (1915 Act)Assessment District No. 94-1 (Eastlake Greens—Phase 11) (the"Bonds")pursuant to "The Improvement Bond Act of 1915"(Division 10 of the California Streets and Highways Code) for the Assessment District;and, WHEREAS,after completion of the approved facilities and payment of all the claims from the Improvement Fund for said Assessment District,there remains a surplus of$2,,616.33 in the Improvement Fund after close-out expenses as determined in a Close Out and Findings Report prepared by Willdan Financial Services dated June 30,2020;and, WHEREAS,the City is desirous to transfer$61.20 in the Assessment District Improvement Fund and$27,566.27 in the Assessment District Redemption and Reserve Funds to the General Fund for administrative expenses related to the disposition;and, WHEREAS,after all Bonds and interest have been paid for said Assessment District,there remains surpluses in the Redemption and Reserve Funds for the Bonds of$1,178,420.88 after close-out expenses as determined in a Close Out and Findings Report prepared by Willdan Financial Services dated June 30,2020;and, WHEREAS,the City is desirous to make the disposition of said Improvement Fund surplus as provided by Section 10427(c) of the California Streets and Highways Code;and, WHEREAS,the City is desirous at this time to make the disposition of said Redemption and Reserve Fund surpluses to eligible property owners as provided for in Section 8784 and Section 8885 of the California Streets and Highways Code. NOW,THEREFORE,,BE IT RESOLVED by the City Council of the City of Chula Vista as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the work of improvement, as set forth and described in the resolution. of intention for these proceedings,have been completed to the satisfaction of the City,and all payment has either been made or set aside for all existing or potential claims,costs and expenses. SECTION 3. That$61.20 be transferred from the Assessment District Improvement Fund to the General Fund and$27,566.27 be transferred from the Assessment District Redemption and Reserve Funds to the General Fund for administrative expenses relating to the disposition. SECTION 4. That surplus monies of$2,616.33 remaining in the Assessment District Improvement Fund shall be utilized for maintenance of the improvements within the Assessment District pursuant to Section 10427(C)of the California Streets and Highways Code. 2020-07-28 Agenda Packet Page 308 of 711 SECTION Sr That surplus monies of$1,178,420.88 remaining in the Assessment District Redemption and Reserve Funds shall be refunded to eligible property owners within the boundaries of the Assessment District on a pro-rata basis pursuant to Sections 8784 and 8885 and of the California Streets and Highways Code. SECTION 6. This resolution shall be effective:upon its adoption. Presented by Approved as to form by David lby,MSBA,CPEO Glen R.Googins Director of Finance/Treasurer City Attorney 2020-07-28 Agenda Packet Page 309 of 711 IVfPI �� r 0 uI�I iuu I , r, r iiluuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum IIV uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumlI� „III » I uu. r fiu r I .„ II I. 1 uu i r< ,: .. muuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuum I uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu �„ i 11 VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV ', PYP ',° `.. ° ,,,'.... °,,. uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuumuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu I IIIIIIIIuuul Iu I IVI IIIIpVVVumi,, �W"'i ���� �����������IIIIIIIIIIIIIIIIIIIIII��llllllllll IIIIIIIIIIIIIIIII��II mi��„ r ( G '�U�IVi'" VVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV�VVVVVVVVVVV VVVVVVVVVVV I p f ,�"" YYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY `' „ � rr �y I" I�qi, I V . r c r, , 1 j r r r U v 1 �,�� � � � ���WIVIIItiS�llllllllllllllllllllllllll�m�l�f�`d��(�u�u � r�', hl I Y IIID", ,,, uuuw�luiylwlUiy�y�!��m ���idiul�u' uu �. f �4� 1, I�I�ud�� IIIIIIII f ��� , r rr ,.ld VW11J, t r vvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvvv ti r r r�N VIII 000 IIII o / i r� ii / VIII II ' ui' IIII ir1' U ? f' r IIW" a rn •;,, rrr" �'�i PIP Six., y a, rf "'r/11111' l i ,uU'„ 1=101,04010110111M I I 19 !n r a ri r r r �< „`,,,,,, �IIIIIOIII�IIkNY�VlAlldkl��i�r�r»rccry r •„ �, ai; III !�, ofJr„ t Y POOII�,IIIIIIIII"^Iu" III ll,, i I F. €t ii ii r"f L 11le L%,% r, NO VIII r r: r /r rr I�. ppIIII ,, r ry ally> � a, fr ;; 2020- �28 � rv,. I.. f,Pa ",,. SII r pp I 1 II' mid ���V 1 / a r r r i I!I 1 / r r i L r`w= • • • t �1K��Ak , i�ii�llllllll�l� ��uuuuuuuuuu�i IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII TABLE CSF CONTENTS I u E X E C U"T'l E S LJ I'M IM A R Y............................................................................................................................1 II. LEGAL R1w w,Q L)I R E M E INC'S......... A. Redemption Fund Surplus................................................................................................ I 13. Rese�rve Fund Surplus,... I C. Improvement Fund Surplus.............................................................................................. 2 IIS u �FU\JD BA[.,A1NJ01".,S..... N. DISPOSTION A. Net Remaining Funds, Available fo�r Disposition............................................................. 4 13. Allocation of Net Remaining Funds, to Ascess men.I .Districts.......................................... 5 Appendix A—ARBITRAGE REBATE REPORT..................................................................................................6 2020-07-28 Agenda Packet, Page 312 of 711 mm oil I. EXECUI On June 29, 1995, the City of Chula,Vista ("City"') issued Limited Obligation Improvement Bonds (11915 Act) Assessment District No. 94-1 (Eastlake Greens 11)of$7,464,47'4.43 (the"Bonds"). The Bonds were used to fund the acquisition of public works, including street, water, drainage and utility improvements, together with appurtenances and appurtenant work, to fund a special reserve fund, to pay a portion of the interest due on the Bonds and to pay costs related to the issuance of the Bonds. On September 2, 1997, there was an Improvement Fund bond call in the amount of $2,325,000. On September 2, 2017, the City used the Improvement Fund and Reserve Fund surpluses to fully payoff the Bonds. As of April 8, 2020, there remains surpluses of $940,69972 in the Reserve Fund (Fund 812), $265,287.43 in the Redemption Fund (Fund 811) and $2,677.53 in the Improvement Fund (Fund 512) as shown in Section Ill. Fund Balances of this report. The City retained Willdan Financial Services ("Willdanl") to prepare a close out report ("Report")to provide the following. 1. Provide analysis of alll remaining funds to determine the appropriate disposition in accordance with applicable laws, Assessment District documents and City preferences. 2. Prepare a detailed delinquency report and address impact on final disposition of the remaining funds. 3. Prepare detail Closeout Analysis and Findings Report. 4. Prepare all necessary resolutions regarding the closeout of the Assessment Districts. The following sections of this Report provide an analysis of the legal) requirements and calculations resulting in the recommended disposition of the remainling funds., In summary, Willdan has determined and recommends that the City dispose of a total of$1,181,937.21, in net remaining funds by transferring the calculated amounts shown in Table 3 of this, Report to a designated account for Assessment District No. 94-1 as outlined in Section V. Recommended Surplus Funds Disposition. including delivering refund checks totaling $1,178,420.88 to the property owners in Assessment District No. 914-1 at the time the Bonds were defeased in 20117. w11u1 III: 11. �Iiiiii,�E G A�Iiiiiil �[10111111 11'11QU�1 R�E M 114111111111'a The City of Chula Vista originally formed Assessment District 94-1 under the provisions of the Municipal Improvement Act of 1913 ("1913 Act") and Local Bonds were issued for the district under the provisions of the Improvement Bond Act of 1915 ("1915 Act"'). Under the 1915 Act, Division 10 of the Streets and Highways Code [BHC Sections 85001-8887] disposition of Redemption Fund and Reserve Fund surpluses are similar when the bonds,are fully paid off. Under the 1913 Act, Division 12 of the Streets and Highways Code [SHC Sections 1000-10706] Improvement Fund surplus are disposed as stated below. A. Redemption and Surplus Regarding the Redemption Fund surplus, BHC Section 8784 reads: "If there is a surplus remaining Iin the redemption fund after payment of all bonds and the interest thereon,that surplus shall ....be repaid to those persons whose assessments have been previously paid or may be transferred to the general fund of the city.,' B. Reserve and Surplus Regarding the Reserve Fund surplus, SHC Section 8885 reads: "In the event that the balance in the fund at the time of liquidation exceeds the amount required to retire all outstanding bonds in the issue,the excess shall be apportioned to each parcel upon which the individual assessment remained unpaid at the time the balance in the reserve fund was sufficient to retire all outstanding bonds in the issue. The payments shall Willdan AD No. 914-1 IPiroject Fund Close Out Page 1 2020-07-28 Agenda Packet, Page 313 of 711 be made in cash to the respective owners of the parcels except that, if the excess, is not greater than one thousand dollars ($1,0010), the excess may Ibe transferred to the general fund of the entity conducting the proceedings.'' It is clear from Bond Law that any Redemption Fund and Reserve Fund surpluses, of significant amount should be repaid proportionately to the property owners whose assessment liens have been Ipaad in full. Any property owner repayment should be reduced by outstanding delinquencies at the time of repayment. C. Improvement Fund Surplus The California Streets and Highways Code ("Code") states,: "After completion of the improvement and the payment of all claims from the improvement fund, the legislative body shall determine the amount of the surplus, if any, remaining in the improvement fund by reason of the assessment andl any supplemental assessment levied for the improvement. The surplus shall be used, in amounts determined by the legislative body, for one or more of the following purposes: Section 10427 (regarding excess Improvement/construction Funds). (a) For transfer to the general fund of the city, provided that the amount transferred shall not exceed the lesser of one thousand dollars ($1,000) or 5 percent of the total amount expended from the improvement fund. (b)As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1. (c) For the maintenance of the improvement., (d)To call bondls, thereby reducing outstanding assessments and subsequent assessment installments. In the event that the legislative body determines to use all or some portion of the surplus to call bonds prior to maturity, the treasurer shall do each of the following: (1)Cause the special reserve fund, if any,to be reduced as necessary pursuant to Section 8887 to assure that the bonds will not become subject to federal income taxation. (2) Cause any assessment previously paid in cash to receive a credit in cash pursuant to subdivision (b) of Section 10427.1 for the proportionate share of the surplus as determined pursuant to subdivision (a) of Section 10427.1. (3) Cause the preparation of new auditor's records to reflect the adjusted principal amount of the remaining assessment. All subsequent assessment installments shall be based upon the adjusted principal amount of the assessment as reflected in the revised auditor"I s record. Willdan AD No. 914-1 Project Fund Close Out Page 2 2020-07-28 Agenda Packet, Page 314 of 711 94.1'mmiii B/.,' LAINICES Table 1 below shows,the remaining bond funds balances as of April 8, 2020. C ity olf'C hula Vista AD, No,,. 91,14-1 Bond Fund Balances, As, of'April 81, 2020 TA BLE 1 Bo1ii,c] Ft.111"d Ftin,c] u® Tolitall ffetd L,)y, lmp 6775,311 roveent l"Lind 61,,21 sw ® Fede inn kind 811 ,2,,6,,,5,,,7 .,,,��4,,311 Re s e nie FLi nd 81,,21 9114,0769119 72, Tolitall Ftint] Balaiice,s at4/18121,021,01 S 1. 16 6114.1611,18 (1)Source, Cib�oIC,hula,Vista Willdan AD No. 914-1 Project Fund Close Out Page 3 2020-07-28 Agenda Packet, Page 315 of 711 IV. DISI' 0STION ANA11............I(SIS A. Net Remaining Funds Available for Disposition. Table 2 below shows the net remaining funds available for disposition at April 8, o, o. Fund Close Out Expenses are allocated on percentage of Funds Available. City olf'Chuliia,Vistia, AD Nol,. ,91,114-1 Net Funds.for Disposition TABLE,211, Fun,ds Available, Tolitall ImproveMint F"U nd21, 67 7 5 3 $ 21176177 53 Redemption in 2616T,287 43 2166 T21�87 43 Re s e Pie F'Lii nd 914,076,919, 7,21 914,076,919.......721 Tolit a I A vaillablej Funidi's S S ,,2108.11,6614 16,1,8" 919, 78% 02112"X0 Fjt..111j,d ,C1j,01,,&ej Out Exi),eiinseis Arbitra,g�e Lia,bility (21 it Administrait,lo,ri (3) 20 0 8,,21 88 44 59, 20 7 1,,217 47' Willi,da,n CIs 011t, Analysis fee (4) ""AB 3 39, 16, 611 7�600 00 Tolitall Clljoi,,sej Out E,,x,,j,)mejjn&ejs IS 27',511,166.,'27' S 16,11.210 S 2`7416,27".47" Net Funidis fibir Dii,M),orsitijoin S 1 1718. ,14 210.1,8,8, S '2.916 1 16.33 l..,,1 18l..'10,37".21 -1)Bi a,I a,n c es pr o,,r ilid ed,by C.�y o,,f"C.h u I a,Vi ta, See.ArbArage Report at.Appendix..A 3)Est i m at eyd(C.fty fje es an c I u s i"Y"e e c ost o,,fj c h e c k iss u a,n c e P e r C,fty C�a,n t r a,ct i,d at eyd(�,J a,n u a,ry 1 1',2 G11,2 all Willdan AD No. 914-1 Project Fund Close Out Page 4 2020-07-28 Agenda Packet, Page 316 of 711 B. Allocation of Net Remaining Funds Table 3 below shows,the net funds available for dlis,position and the recommended dlis,position actions for the each of the funds as further described in Section V. Recommended Surplus Fundl Disposition. C ity olf'Chub,vista, AD No,,. 911,14-1 Alltion of'Net Funds,for Disposition T'A,BL,E_3 R.ecfei-n tAioifl I& I m t),roliviame,jit_ se,rve, F u[I d Fu [I,,(] Tolita I I 1 1 $ 1 41,6161.33 � U Net Fun,,ds for Disj,)moisitioin (1) 1.1 1718,942,01.188, S 2. S 1 4.1 18111.01,37.21 lCtolisle,10ut Dii,stributioin Refund to, Pm,perty Owners 1717814,2110 88 $ $ 1717874,210 88 Transfer to, Maintenance F'Lind 2117611611 33 211761161 33 Tolita 1 $ 1 '16161.33 � ,[I I 1 .1 M 1811.1 037'.21 1718,42,01.188, S 2 S 1 (1) Fre,m Table ,21 of this Report, %111, RIECOIARAIENDEID, SURPLUS [UPJDS DISIROSIT11014 Based on legal requirements sited in Section 11 of this Report, transferring the balances in the various funds to the General and is not an option due to the magnitude of the amounts that are well in excess of $11,000. The Authority is advised to dispose of the funds by perfrmingi the following tasks. a. Establish at the City an Assessment District Disposition and in which to deposit the balances in the various City held funds shown in Table 1 of this Report for making refunds to the Assessment District No. 914-1 property owners and to pay close out expenses. b. Transfer$27,,627,.47 from the Assessment District Disposition Fund to the City general fund for payment of estimated close out costs. c. Prepare refund checks,totally$1,178,420.$$ drawn on the Assessment District Disposition Fund payable to each of the Assessment District's eligible property owners. Willdan will provide a separate list to the City of the names, mailing addresses,and outstanding delinquencies,for the eligible property owners who should ireceive refunds. d. Due to the lack of information identifying the property owners who previously paid their original assessment liens in cash over twenty years ago and the cost and complexity of trying to research this information, it is recommended that the Authority transfer the $2,616.33 Improvement fund surplus to a specific fund for future maintenance of the Assessment District No. 94-1 improvements as allowable under SNC Section 10427 (c) as cited in Section 11. Legal Requirements above. Willdan AD No. 914-1 IPiroject Fund Close Out Page 5 2020-07-28 Agenda Packet, Page 317 of 711 APPENDIX A-ARBITRAGE REBATE REPORT Willed AD No. 9�4-1 Project Fund Close Out Peggie 6 2020-07-28 Agenda Packet, Page 318 of 711 APPENDIX A-AD 94-1 Close Out Report Ci ty of Chula Vista $7,464,474.43 Assessment District No. 94-1 (Eastlake Greens II) Limited Obligation Improvement Bonds Installment Date Computation February 2016 2020-07-28.4gcnA.i Packet Page 319 of 711 /APPENDIX A AD 94 Close Out Report W'ILLDAN % U/,✓ If e,�r,l� F,f if g �,,, y e ee,1;rs o 0 / y'j I/ ��,a„� ��� February 23, 2016 Mr. David B lby, MSB.A, CPFO Director of Finance Treasurer City of Chula Vista 276 Fourth Avenue Chula Vista, California91.91.0 RE: Arbitrage Rebate Calculation Dear Mr. Bilby: At the request of the City of Chula Vista(the "City"), Willdan :Financial Services has completed the Arbitrage Rebate Calculation for Assessment District No. 94-1 (Eastlake greens II) Limited Obligation.Improvement Bonds (the "Obligations"). Thefourth nstallment computation date is June 29, 2015. The issue has no rebate liability for theperiod beginning June 29, 1995, the deliver, date, and. ending June 29, 2015. This does not represent the amount that may be due as of the next installment computation date of June 29, 2020. willdan Financial Services is of the opinion.that the calculations contained in the attached schedules are mathematically accurate and were completed in accordance with Section 148(f) of the Internal Revenue Code of 1986 and existing applicable Treasury Regulations. Assuming all tax covenants relating to the Obligations have been complied with and the information provided to willdan. Financial Services is correct, a legal review of the rebate computation is not necessary at this time. This report is intended for the information of the City and should not be used for any other purpose. We will provide an update for the next calculation period after June 29,, 242,0. In the meantime, if you have questions regarding this calculation, or any other concerns,please contact Anne Pelej at apelej w lldan.com or(800) 755-6864,. Regards, willdan Financial Services Federal. Compliance Group Enclosure .a.�, n vn �r n � �inn and � rn • ',d I '+M.:. �y�,i. �i �.,. n..r' vwM M, I .. � `^� t w'..N iy.. rrvm�. �, .,. .� f. my t ,.. r� � �. ����u�� ������ ��m�n� I ������N� Energy iii����� � �� �� t ��� ���INt � �i�� �� ���u � ���� ��� �������M�Ni � � ��t��IrfI ������� � r � I��t�r�p � ifity 20954M-8-3WQdffi,5�6864 I fax-951,587.3510 1 2 368 Via iI dutri ,,Sluice e0jemse ula,California 9,2590-48 Ni w I_ ,� . A /APPENDIX A-AD 94-1 Close Out Report CALCULATION SUMMARY City of Chula Vista Assessment District No. 94-1 (Eastlake Greens 11) Limited Obligation Improvement Bonds $794649474.43 Arbitrage Yield--. 6.84439673% Final Maturity Date: September 2,2020 Arbitrage Rebate Liability For the Period June 29, 1995—June 29', 2015 FV Prior Liability-06/29/10 $ (1,675,403.57) Improvement (400,646.43) Reserve (312,404.57) Redemption (20$,17"5.14) FV Computation Date Credit—O6/29/1 1 (1,989..54} FV Computation Date Credit®O6 2 (I 896.77)1 FV Computation Date Credit—O6/29/13 (1, 19.08) FV Computation Date Credit—O�6/29/14 (I 732.78) Computation Date Credit—06/29/15 (1.,650.00) Total $ (296059717.88) Rebate Liability(90% of Total) Balance of Funds/Accounts Subject to Rebate Requirement As of June 29,2015 Improvement(City-Managed), 1,144,407.94 Reserve (City-Managed) 9031214.17 Redemption(City-Managed), 857,874.04 Total $ 21905,496.15 V 2020-07-28 Agenda Packet, Page 321 0f 711 /APPENDIX A-AD 94-1 Close Out Report OF CONTENTS uu���m,���� SUMMARY OF ANALYSIS As --------------------------------.l Purpose.........................................................................................................2 Sourcesand Uses .........................................................................................2 ImportantDates............................................................................................2 Yield.............................................................................................................3 YieldRestriction..........................................................................................3 Rebate Liability _---_---------_—_—_---_-------/4 Yield Comparison—_—_--------_----------------.5 Notes............................................................................................................5 Semi-AnnualEXHIBITS Debt Service Schedule..........................................................A Arbitrage Yield Calculation........................................................................B _Improvement..............................................................................................._ Reserve........................................................................................................D Redemption................................................................................................._ OutstandingInvestments............................................................................. F WiKidan Financial Services 2020-07-28 Agenda Packet, Page szoorn/ A /APPENDIX A-AD 94-1 Close Out Report Arbitrage Rebate Calculation SUMMARY OF ANALYSIS Assumptions The calculations in this report are mathematically accurate and were performed in accordance with the existing applicable laws and regulations. The Obligations were issued on June 29, 1995 and are subject to the 1993 Regulations. In the event of changes to the existing regulations or the release of new regulations or rulings that apply to the Obligations, the calculation should be re-examined to include allthe applicable changes. In the process of calculating the Arbitrage Rebate Requirement, Willdan Financial Services has reviewed the following documents: Official Statement, Certificate as to Arbitrage, and IRS Form, 8038-G. Willdan Financial. Services assumes the documents and any information provided to us are accurate and contain no errors or omissions that would affect the calculation of the rebate liability. Willdan Financial Services assumes the financial schedules and information provided with respect to the proceeds is allowable and accurate in all respects, including the dates and amounts of the cash flow transactions. Willdan Financial Services further assumes that a current cash outlay occurred no later than five (5) banking days after the date on which the allocation of gross proceeds to an expenditure was made as allowed under Section 1.148-6(d)(1)(ii) of the Regulations. Willdan Financial Services assumes that the investments were purchased at fair market value, that the administrative expenses, commissions or similar expenses, unless otherwise allowable, were not included in the purchase price, and that the investments were purchased in an "arms length transaction." The issue does not qualify for the small issuer exception per Section 1.145- of the Regulations. Willdan Financial Services assumes the funds used for the payment of debt service meet the requirement of a"bona fide" debt service fund, unless otherwise noted. The funds/accounts established for the purpose of matching revenues and debt service in. each, calculation period constitute bona fide debt service funds as described under Section 1.1 8-1(b) of the Regulations. Willdan Financial Services assumes that no transactions have occurred that would result in the creation of additional gross proceeds, unless otherwise noted in this report. Willdan Financial Services Page 1 2020-07-28 Agenda Packet, Page 323 of 711 A /APPENDIX A-AD 94-1 Close Out Report Arbitrage Rebate Calculation The issue is not a "Refunding" or"Refunded" issue as described under Section 1.148-9 of the Regulations. Purpose The Obligations were issued in the principal amount of$7,464,474.43 for the purpose of financing the construction and acquisition of public facilities for Assessment District No. 94-1 (Eastlake Greens 11). Sources and Uses Proceeds equal $7,332,033.55 as described below: Principal $ 74641474.43 Original Issue Discount 91455.99 Accrued Interest 161848.60 Underwriter's Discount (158,745.47) Total $ 79332,033.55 Proceeds were expended on the delivery date or deposited as follows.- Improvement $ 6,6,701634.95 Reserve 6441550.00 Redemption 161,848.60 Total $ 793329033.E Important Dates • The dated date is June 17, 1995. • The delivery date is June 29, 1995. The first bond,dear runs from June 29, 1995 through close of business on June 29, 1996. • The calculation period for this report begins June 29, 1995 and runs through June 29, 2015. • The next installment computation date is June 29, 2020. Wilidan Financial Services Page 2 2020-07-28 Agenda Packet, Page 324 of 711 A /APPENDIX A-AD 94-1 Close Out Report Arbitrage Rebate Calculation 0 The final computation date is September 2, 2020, unless the Obligations, are redeemed prior to that date, in which case the final. computation date is that date on which the Obligations are redeemed. One hundred percent of the rebate liability is due no later than 60 days after this date. Yield The arbitrage yield is 6.84439673% (Exhibit B). The issue price has been adjusted to include accrued interest and originalissue discount. The Obligations are not subject to the provisions of the yield-to-call rule. The calculation of yield is based on a year of 360 days comprised of twelve 30-day months with interest compounding semi-annually. Yield Restriction Yield restriction limits the taxable yield on investment earnings. If investment earnings on proceeds exceed the arbitrage yield, the Obligations could lose their tax-exempt status,retroactive to the delivery date. The rebate requirement does not eliminate the need to restrict investment earnings on construction. fund balances remaining at the end of the temporary period. Some exceptions to investment yield restriction are: • The temporary period exception allows higher yields on investments for a period up to three years on construction or acquisition funds. • The reserve fund exception allows higher yields on investment earnins for a %-1 ".'reasonably required reserve fund" on a continual basis for the term of the issue. • The minor portion exception allows higher yields on investment earnings if the amount does not exceed the lesser of 5% of the total, Obligation proceeds or $1 MON. The temporary period for the Improvement Fund expired on June 29, 1998., Subsequent to that date, the Regulations allow the fund to yield a return that does not exceed the arbitrage yield by more than .125%. The maximum allowable yield for the Improvement Fund subsequent to the expiration of the temporary period is 6.96939673%. The IRS offers two compliance options. The proceeds held in the fund may be invested at or below the yield restricted rate subsequent to the expiration of the temporary period. Alternatively, a yield reduction payment that reduces the yield on the fund to a return, at or below the yield restricted rate may be made to the U.S. Treasury on the next installment computation date of June 29, 2020. As of the date of this report, Willdan Wilidan Financial Services Page 3 2020-07-28 Agenda Packet, Page 325 of 711 A /APPENDIX A-AD 94-1 Close Out Report Arbitrage Rebate Calculation Financial Services has determined the fund is yield restricted in accordance with the Regulations. Based upon determinations the City made at the delivery date and additional materials reviewed, the Reserve Fund is, "reasonably required"per Section 1.1.4 - 2(f (2) of the Regulations and is not required to be yield restricted. Rebate Liability There is no aggregate rebate liability as summarized below: FV Prior Liability- 06/29/10 $ (11675,403.57) improvement (400,646.43) Reserve (312,4O4.57) Redemption (208,175.14) FV Computation Date Credit—06/29/11 (1,°989.54) FV Computation Date Credit—O /29/12 (19896.77) FV Computation Date Credit—06/29/13 (1,81.9.08) FV Computation Date Credit—06/29/14 (19732.78) Computation Date Credit—06/29/15 (11650.00) Total $ (2,60 ,71 7.88) Rebate Liability(90% of Total) Wilidan Financial Services Page 4 2020-07-28 Agenda Packet, Page 326 of 711 A /APPENDIX A-AD 94-1 Close Out Report Arbitrage Rebate Calculation Yield Comparison 10.00% 9.00% Arbitrage Yield 8. 0% 6.84% 7.00% 6.00% 5.00% 4.00% 3.00% 2.00% 1.00% 0.73% 0.80% 0.00% 1 1 —1 i I i i I I i 11 Improvement Reserve Redemption F ui n d/Accou nt Notes 1. Willdan Financial Services has relied upon the "Interim Arbitrage Rebate Analysis"report prepared by BLX Group LLC reflecting activity through June 29, 2010. 2. The Redemption Fund has been, included in the calculation of the Rebate Liability for the period of June 29, 20 10 through June 29, 2015 because it did not operate as a bona fide debt service fund during this period. Willdan Financial Services Page 5 2020-07-28 Agenda Packet, Page 327 of 711 A /APPENDIX A-AD 94-1 Close Out Report Semi-Annual Debt Service Schedule Exhibit A City of Chula Vista Assessment District No. 94-1 (Eastlake Greens 11) Limited Obligation Improvement Bonds Dated Date 17-Jun- �5 Issue Date 29-Jun-9�5 Total Interest $ 89575,266.68 First Maturity 02-Sep-96 Total Principal 774643474.43 Last Maturity 02-Sep-20 Total Debt Service $ 16,039,741.11 First Coupon 02-Mar-96 Interest TotaI Annual Date Principal Rate Interest Debt Service Debt Service 52-Mar-96 $ 0.00 358,032.71 $ 358,0132.71 $ 0.00 02-Sep-96 24)474.43 6.100% 252)728.97 277)203.45 635)236.11 52-Mar-97 0.00 251)982.50 251,982.501 0.00 02-Sep-97 135,5551.55, 6.100% 251)982.50 335,532.55 6383965.00 52-Mar-98 0.00 247)865.00 247,865.001 0.00 02-Sep-98 14530001.001 6.100% 247)865.00 39,27865.00 545,730.00 52-Mar-99 0.00 243)442.50 243,442.501 0.00 02-Sep-99 15530001.00, 6.100% 243)442.50 39,87442.50 641388,5.00 52-Mar-55 0.00 238)715.00 238,715.001 0.00 02-Sep-00 155,5551.55, 6.100% 238715.00 4037715.00 6423430.00 02-Mar-01 0.00 233)682.50 233,682.501 0.00 02-Sep-01 175,5551.55, 6.100% 233)682.50 4087682.50 6423365.00 52-Mar-52 0.00 228)345.00 228,345.001 0.00 02-Sep-02 135,5551.55, 6.100% 228)345.00 4137345.00 64136910.00 52-Mar-53 0.00 222)702.50 222702.55 0.00 02-Sep-03 19530001.00, 6.200% 222702.50 4177702.50 6403405.00 52-Mar-54 0.00 215)55 7.50 216,657.501 0.00 02-Sep-04 °' 10, 6.300% 216)657.50 4267657.50 6433315.00 52-Mar-55 0.00 210,042.50 210,042.50 0.00 02-Sep-05 °' 20, 6.400% 2101)042.50 4307042.50 540,035.00 52-Mar-56 0.00 203,0012.50 203,002.501 0.00 02-Sep-06 °' 35, 6.500% 203)002.50 4387002.50 6413005.00 52-Mar-S7 0.00 195)365.00 195,365.001 0.00 02-Sep-07 °' 50, 6.600% 195)365.00 4457365.00 540,730.00 02-Mar-08 0.00 187)115.00 187)115.001 0.00 02-Sep-08 °' 55, 6.700% 187)115.00 4527115.00 6393230.00 02-Mar-09 0.00 178)237.50 178,237.501 0.00 02-Sep-09 28530001.00, 6.800% 178)237.50 4637237.50 6413475.00 02-Mar-10 0.00 168)547.50 168,547-50, 0.00 02-Sep-1 0 305,0001.00, 6.900% 168)547.50 4737547.50 64230915.00 02-Mar-11 0.00 158)025.00 158,025.001 0.00 1�1 02-Sep-1 1 1 32530001.00, 1 7.000%1 158,025.00 1 48,31025.00 1 6413050.00 Exhibit A-1 2020-07-28 Agenda Packet Page 328 of 711 A /APPENDIX A-AD 94-1 Close Out Report Interest Total Annual Date Principal Rate Interest Debt Service Debt Service O2-Mar-12 0.00 146,650.00 1461650.00 0.00 02-Sep-1 2 3503000.00 7wO00% 146)650.00 496)650.00 643)3OOwOO 02-Mar-13 0.00 1345400.00 1341400.00 0.00 02-Se,p-1 3 3753000w00 7w000% 134)400.00 509,400.00 643)800.00 0�2-Mar-1 4 0.00 121)275.00 1211275.00 0.00 02-Sep-14 400300woo 7.000% 121)275.00 5213275.00 642)550.00 02-Mar-15 0.00 1072275.00 107)275-00 0.00 02-Sep-15 430,000woo 7.000�% 107)275.00 37,27 .0644)550.00 02-Mar-1 6 0.00 92)225.00 921225.00 0.00 O2-Sep-16 460,000w00 7.000% 92)225.00 5523225wOO 644)450.00 02-Mar-1 7 0.00 76,125-00 76,125-00 0.00 02-Sep-17 4903000w0o 7.000% 76)125.00 555,125.0 642)250.00 02-Mar-13 0.00 585975.00 583975-00 0.00 02-Sep-13 5253000w00 7.000% 587975w00 583,975M 6427950w00 02-Mar-19 0.00 40,600-00 403600-00 0.00 02-Sep-19 5603000w00 7.000% 40,000.00 6003600w00 641,200.00 02-Mar-20 0.00 21,000-00 21,000-00 0.00 2-Se -20 1 600)000.00 1 7w000%j 21,000.00 1 021,000.00 1 642y000w00 Exhibit A-2 2020-07-28 Agenda Packet, Page 329 of 711 /APPENDIX A-AD 94-1 Close Out Report Arbitrage Yield Calculation Exhibit B City of Chula Vista Assessment District No. 94-1 (Eastlake Greens 11) Limited Obligation Improvement Bonds Total Principal $ 774643474.43 Accrued Interest 165848-60 Dated Date 17-Jun-915 Original Issue Discount 93455.99 Delivery Date 29-Jun-915 Original Issue Premium 0.00 Credit Enhancement 0.00 Adjusted Price $ 79490,77''9.02 Arbitrage Yield 6.84439673% 'Total Present Date Payments Principal Interest Debt Service Value 02-Mar-96 INTEREST 0.00 $ 3587032.71 $ 3585032.71 $ 3425132.33 012-Sep-96 PRI NC & INT 24)474.43 2527728.,97 277)2013.40 256J 27.50 02-1' ar-97 INTEREST 0.00 251,982.50 251,982.50 2255120.10 012-Sep-97 P R I N C & INT 135,10010.00 25179182.501 3865982.50 334288.51 02-1' ar-98 INTEREST 0.00 247,865.00 247,865.00 2075029.18 012-Sep-98 P R I N C & INT 145,10010.00 247,805.00 392)865.00 317,282.3+ 02-1' ar-99 INTEREST 0.00 243,442.50 243,442.50 1901,1 01.36 012-Sep-99 P R I N C & INT 155,10010.00 2437442.501 398)442.50 3005843.56 02-1' ar-00 INTEREST 0.00 238,715.00 238,715.00 1745277.37 012-Sep-00 P R I N C & INT 165,10010.00 23877'1 5.,001 403715.00 284,985.27 02-1' ar-01 INTEREST 0.00 2331682.50 233,682.50 1595499.73 012-Sep-01 P R I N C & INT 175,10010.00 2337682.501 4085682.50 269715.59 02-1' ar-02 INTEREST 0.00 228,345.00 228,345.00 1455712.81 012-Sep-02 P R I N C & INT 185,10010.00 2287345.,001 413,345.00 2555038.16 02-1' ar-03 INTEREST 0.00 2221702.50 222,702.50 1325862.92 012-Sep-03 P R I N C & INT 195,10010.00 2227702.501 4,17702.50 2405952.82 02-1' ar-04 INTEREST 0.00 2161657.50 216,657.50 120,5843.95 012-Sep-04 P R I N C & INT 2101,10010.00 2167657.501 4265657.50 23051�00.09 02-1' ar-05 INTEREST 0.00 21 01042.50 210,042.50 1095529.43 012-Sep-05 P R I N C & INT 2201,000.00 2107042.501 430,042.80 2165830.94 02-1' ar-06 INTEREST 0.00 20,31002.50 203,002.50 98,968.62 012-Sep-06 P R I N C & INT 235,000.00 2037002.501 4385002.50 2065470.94 02-1' ar-07 INTEREST 0.00 195,365.00 195,365.00 89,046.19 012-Sep-07 P R I N C & INT 2501,10010.00 '1957365.,001 4455365.00 1965277.68 02-1' ar-08 INTEREST 0.00 1871115.00 1871,115.00 79,735.12 012-Sep-08 P R I N C & INT 265,10010.00 '1877115.,001 452)115.00 1865284.28 02-1' ar-09 INTEREST 0.00 178,237.50 178,237.50 71,008.87 012-Sep-09 PRI NC & INT 285,10010.00 1787237.501 463)237.50 178)444.63 02-1' ar-1 0 INTEREST 0.00 168,547.50 168,547.50 62778.12 IL 02-Se -10 1PRINC, & INT 1 2305)0010.00 108,547.50 473)547.50 170543.7 Exhibit B-1 2020-07-28 Agenda Packet Page 330 of 711 A /APPENDIX A-AD 94-1 Close Out Report Total Present Date Payments Principal Interest Debt Service Value 02-Mar-1 1 INTEREST 0.00 158,025.00 158,025-00 55,028.07 02-Sep-11 PRINC & INT 325)0010.00 158)025.00, 483)025.00 1623635.11 02-Mar-12 INTEREST 0.00 146,6501-00 1465650.00 47743-36 02-Sep-12 PRINC & INT 350,50010.00 148,8501.00 496)650.00 1563339.10 02-Mar-1 3 INTEREST 0.00 13414001.00 1345400.00 40,907.48 02-Sep-13 PRINC & INT 37550010.00 134)4001.001 509400.00 1493916.21 02-Mar-14 INTEREST 0.00 1211275.00 1215275-00 34,510.17 02-Sep-14 PRINC & INT 400,50010.00 121,,27 5.00 521)275.00 1433426.37 02-Mar-1 5 INTEREST 0.00 1071275.00 1075275.00 28,539-53 02-Sep-18 PRINC & INT 430,50010.00 107,,27 5.00 537)275.00 1383207.37 02-Mar-1 6 INTEREST 0.00 921225.00 925225-00 22,938.74 02-Sep-10 PRINC & INT 460,50010.00 927225.00 552)225.00 1323807.66 02-Mar-1 7 INTEREST 0.00 761125.00 76,125-00 17701-913 02-Sep-17 PRINC & INT 4901)0010.00 767125.00 566)125.00 127,280.20 02-Mar-1 8 INTEREST 0.00 58,975-00 58,975-00 12,821-35 02-Sep-18 PRINC & INT 525)0010.00 587975.00 583)975.00 122 756.99 02-Mar-1 9 INTEREST 0.00 401600-00 40,600-00 81252.10 02-Sep-10 PRINC & INT 5601)0010.00 407600.00 6001)600.00 1183034.72 02-Mar-201 INTEREST 0.00 21 10001.0o 21,000-00 319910-52 IL 02-Se -20 IPRINC & INT 1 600150010-00 1 21,000.00 1 621)000,00 1 114,100.78 Exhibit B-2 2020-07-28 Agenda Packet Page 331 of 711 APPENDIX A-AD 94-1 Close Out Report Fund/Acco'unt: Improvement Exhibit C City of Chula Vista Assessment District No.94-1 (Eastlake Greens 11) Liimited Obligation Improvement Bonds Delivery Date 29-Jun-95 Computation Date 29-Jun-15 Arbitrage Yield 6.84439673% Investment Yield 0.73232,405% Total Earnings 41 1100.01 Date Receipts Payments Earnings Balance Future Value 29-Jun-10 1,105,714.16 $ 0.00 0.00 $ 111051714.16 $ (11 548,034.09) 29-Jun-10 1 (994.73) 13104719.43 29-Jun-10 2 (2,473.1 7) 13102)246.26 3,462.51 30-Jun-10 988.218 11,103,234.54 30-Jun-10 31440.49 1)106)675.03 (4,815.89) 31-Jul-11 0 11671.27 1)108)346.30 1-Aug-10 1 1542.16, 1)109)888.46 301-Sep-10 1,451.52 11)111)350.08 31-Oct-10 1 Y537.04 1)112)887.12 301-Nov-1 0 277.67 1)113)164.79 31-Dee-10 21073.55 1)115,238.35 31-Jan-11 453.47 11,115,591.82 28-(Feb-11 1,629.03 1)117,3201.85 31-Mar-11 1,,555.09 1)118,885.94 30-Apr-11 1 31 11 28.80 1)120,014.74 31-May-11 375.65 11)120,3901.39 30-Jun-11 2,5015.69 11,122,895.08 30-Jun-11 (3,956.14) 11,118,939.94 31-Jul-11 1 722.64 11,11'9,552.58 31-Aug-11 27216.88 19121,879.46 301-Sep-11 360.55 151222401.01 31- ct-11 111147.13 1,123,387.14 30'-Nov-11 51271 15123,899.85 31- enc-1 1 17666.04 15125,565.89 31-,fan-12 483.19' 15126,049.08 29-Feb-12 7111.32 15126,7601.40 31-Mar-12 755.51 15127,515.91 30-Apr-12 131013.59 15128,619.50 31-May-1 482.92 15129,102.42 30-Jun-,12 1,045.95 11130,148.38 30-Jun-,12 317.66 11130,466.04 (388.65) 31-Jul-12 972.29 15131)438.33 31-Aug-12 528-35 191312966-68 30-Sep-1 2 529.13 15132)495-81 31-Oct-12 856-84 1)133,352-65 30-Nov-12 316.38 1 1,133,559.03 1 Exhibit C-1 2020-07-28 Agenda Packet, Page 332 of 711 APPENDIX A-AD 94-1 Close Out Report Date Receipts Payments Earnings Balance Future Value 31-Dec-12 858.97' 1)134)528-00 31-Jan-13 784.96 1)135)312.96 28-Feb-1 3 345.87' 111355658.83 31-Mar-13 200.72 17135,859.55 30-A1pr-1 3 781.21 17136,640.76 31-May-13 279.85 17136,920.61 39-Jun-13 (11340.04) 17135,589.57 39-Jun-13 (1 O,798,.77) 17124)781.80 12,352.31 31-Jul-13 805.47 17125,587.27 31-Aug-13 215.96 17125,803.23 30�-Sep-1 3 214.38 111267017.61 31-Oct-1 3 693.29 11126,710.90 39-Nov-13 300.66 1)127,011.56 31- ec-13 978.04 1)127,989.60 31-Jan-14 775.73 1)128,765.33 28-Feb-14 174.39 1)128,939.72 31-Mar-14 261.00 1)129,200.72 30-Apr-14 786.14 1,1,29,988.85 31-May-14 360.33 1,139,347.1'9 30-Jun-14 6,119.79 1)136,466.98 (&)544.60) 30-Jun-14 756.04 1,137,223.92 01-Jul-14, 11418.57 1)138)641.59 (1,51!8.75} 31-Jul-14, 476.37 1,139,117.95 31-Aug-14 513.23 1)139,631.19 30-Sep-14 525.51 1)1401156.70 31-Oct-14 548.42 1)1401705.12 30-Nov-14 54070 1)1411245.82 31-Cee-91 541.56 1)141,787.38 31-Jan-15 529.11 171427316.49 28-Feb-15 503.56 171427820.05 31-Mar-15 523.28 1,143,343.33 30-Apr-15 517.92 1,143,8+51.25 31 Way-1 5 546.69 1,144,497'.94 29-Jun-15 3 430-80 13144)838.74 1 29-Jun-15 1 1 (11,144,838.74)1 1 0.00 1 1)144)838.74 Total IRebatable Arbitrage $ 400,846.43 1 Interest accrued during prior period. 2 Adjustment to tie City 11 s records. 3 Interest accrued on investment through June 29, 2015. Exhibit C-2 2020-07-28 Agenda Packet, Page 333 of 711 APPENDIX A-AD 94-1 Close Out Report Fund/Acc0unt: Reserve Exhibit D City of Chula Vista Assessment District No.94-1 (Eastlake Greens 11) Liimited Obligation Improvement Bonds Delivery Date 29-Jun-95 Computation Date 29-Jun-15 Arbitrage Yield 6.84439673% Investment Yield 0.79899225% Total Earnings $ 351350.81 Date Receipts Payments Earnings Balance Future Value 29-Jun-10 852,305.78 $ 0.010 0.00 $ 852,305.78 $ (1,193,254.51 29-Jiun-1 0 1 (994.73) 851)311.05 30-Jun-10 27720.38 854)031.43 (31807.90) 30-Jun-10 779.98 854)811.41 01-ju1-10 2 187623.79 873)435.20 (26,064.14) 31-Jul-11 0 11319.04 8741754.24 31-Aug-10 1 1217.14 875)971.38 301-Sep-10 1 1 1153.57 877)124.95 31-Oct-10 1,213.110 878)338.05 301-Nov-10 219.15 8781557.20 31- ec-1 0 11636.54 880)193.74 31-Jan-11 357.90 880,551.64 28-(Feb-11 11285.691 881)837.33 31-Mar-11 11235.214 883,072.57 30-Apr-11 890.90 883,963.47 31-May-11 296.47 884,259.94 30-Jun-11 1,97'7.50 886,237.54 30-Jun-11 (3,1122.90) 8 8 3 J 114.64 4,086.83 31-Jul-11 570.34 883,684.98 31-Aug-11 1 3749.66 885,434.64 30-Sep-11 284.55 885,7119.19 31-Oct-11 13189.91 886,909.10 30-Nov-1,11 120.37 887,029.47 31-Dec 11 1,314.92 888,344.39 31-Jain-12 381.34 888,725.73 291-Feb-12 56,11.39 889,287.12 31-Mar-12 596.28 889,883.40 30-Apr-12 87"1.00 8901754.40 31-May-12 381.13 891)135.53 30-Juin-12 825.52 891,961.05 30-Juin-12 251.017 8927212.12 (307.18) 31-Jul-12 767.37 892,9791-49 31-Aug-12 417.010 8937396.49 30-Se1p-12 417.61 8937814.10 31-Oct-12 676.26 8941490.36 30-Nov-12 249.69 1 8947740.05 1 Exhibit D-1 2020-07-28 Agenda Packet, Page 334 of 711 APPENDIX A-AD 94-1 Close Out Report Date Receipts Payments Earnings Balance Future Value 31-Dec-12 677.94 895,41 x'.99 31-Jan-13 619.52 896,037.51 28-Feb-1 3 272.99 896,31 O.50 31-Mar-13 158.41 896,468.91 30-A1pr-1 3 616.56 897,085.47 31-May-13 220.87 897,306.34 30-Jun-13 (11057.61) 896,248.73 30-Jun-13 (87522.04) 887)726.69 91748.04 31-Jul-13 635.71 888,362.40 31-Aug-13 170.45 888,532.85 30-Sep-13 169.20 888,702.05 31-Oct-13 547.17 889,249.22 30-Nov-13 237.29 889,486.51 31-Dec-13 771.91 890,258.42 31-Jan-14 612.24 8901,870.66 28-Feb-14 137.64 891,008.30 31-Mar-14 206.00 891,214.30 30-Apr-14 620.45 891,834.75 31-May-14 284.39 892,119.14 30-Jun-14 591670 892,715.84 30-Jun-14 4,828.12 897,543.96 (51163.26) 01-Jul-14, 1,11"9..15 898,663.12 (11196.62) 31-Jul-14, 375.97 89990391.09 31-Aug-14 405.016 899,444.15 30-Sep-14 41475 899,858.90 31-Oct-14 432.84 900,291.74 30-Nov-14 42675 9001718.49 31-Dec-14 427.4,2 901,145.91 31-Jan-15 417.59 9017563.50, 78-Feb-15 397.4,4 9017960.94, 31-Mar-15 412.98 9027373.92 30-Apr-15 40877 9027782.69 31 Way-15 431.48 903,714.17 29-Jun-1 5 3 340.00 9103,554-17 29-Jun-15 (9103)554.17), 0.00 903)554.17 Total IRebatable Arbitrage $ (3l 21404.57 1 Interest accrued during prior period. 2 Adjustment to tie City 11 s records. 3 Interest accrued on investment through June 29, 2015. Exhibit D-2 2020-07-28 Agenda Packet, Page 335 of 711 APPENDIX A-AD 94-1 Close Out Report Fund/Account: Redemption Exhibit E City of Chula Vista Assessment District No.94-1 (Eastlake Greens 11) Limited Obligation Improvement Bonds Delivery Date 29-Jun-95 Computation Date 29-Jun-15 Arbitrage Yield 6.84439673% Investment Yielldl 0.77865137% Total Earnings $ 231089.02 Date Receipts Payments Earnings Balance Future Value 29-Jun-10 6'72,647.36 0.010 0.00 $ 672,647.36 $ (941,727.15) 29-Jiun-1 0 1 (710.32) 671)937.04 30-Jun-10 734.81 672)671.85 30-Jun-10 (11,959.72) 660712.13 161740.85 30-Jun-10 1,544.83 662)256.96 (2,1162.,4 1 22-Jul-10 41887.72 667)144.68 (6,813.60) 29-Ju1-11 0 (338.61) 666)806.07 471.41 31-Jul-11 0 1 Y0012.46 667)808.53 11-Aug-10 982.86 668791.39 (1,365.27) 26-Aug-10 (2,500.00) 666,291.39 31462.98 31-Aug-10 929.63 667)221.02 02-,Sep-16 (330,217.50) 337)003.52 456,901.85 08-Sep-16 3,767.40, 340,770.92 (5,2016.88) 09-Sep-16 (293.81) 340,477.111 4016.00 30-Sep-16 (2,178.201) 338)298.911 2,998.111 30-Sep-10 443.117 3385742.08 06-Oct-10 1 Y855.68 340,597.76 (2,551.32) 07-Oct-10 (295.114) 340,302,.62 4015.70 31-Oct-10 463.88 340,766.50 03-Nov-10 15,833.56 356,600.06 (21 Y659.53) 18-Nov-10 (296.88) 356,303.18 4014.98 30-Nov-10 (48,77) 356,254.41 02-Dec-1 0 (294.64) 355,959.77 4010.87 08-Dec-1 0 701,555-15 426,514.92 (95y886.52) 16-Dec-1 0 (110-00) 426,404.92 149.27 31-Dec-1 0 (11956.33) 4245448.59 21,647.80 31-Dec-1 0 8013-00 425,251.59 12-Jan-11 148,075.51 573,327.10 (199,963.94) 13-Jan-11 (297.81) 573,029.29 4012.09, 31-Jan-11 251.86 573,281.15 09-Feb-11 62265.05 579,546.20 (8,417.84) 10-Feb-11 (293.79) 579,252.41 394.67 28-Feb-11 807.00 580,059.41 02-Mar-1 11 (107,800.00) 472)259.41 144)220.78 09-Mar-1 11 11,367".42 483,626-83 (15,188'.07 24-Mar-11 (1 0.44)l 483)616.39 1 13.91 Exhibit E-1 2020-07-28 Agenda Packet, Page 336 of 711 APPENDIX A-AD 94-1 Close Out Report Date Receipts Payments Earnings Balance Future Value 24-Mar-11 (293.79) 483,322.60 391.44 31-Mar-11 (3,17"6.10) 480,146.50 411226.98 31-Mar-11 67"8.64480,825.14 06-A1pr-1 1 701,292.90 551,118.04 (93,445.88) 07-Apr-1 1 (3010.76) 550,817.28 399.75 21-Ap r-11 (110.00) 550,707.28 145.82 30-Apr-1 1 552.71 5517259.99 04-Mair-11 1427389.75 6937649.74 (1887301.67) 31-May-11 377.53 6947027.27 93-Jun-11 5,782.91 6997810.18 (71599.09) 16-Jun-11 (3019.23) 6997500.95 4015.74 22-Jun-11 510.00 700,010.95 (668.42) 29-Jun-11 2)451.66 702)462.61 (312019.00) 30-Jun-11 (510.00) 701,952.61 667.42 30-Jun-11 (1,862.54,) 700,090.07 2)437.44 30-Jun-11 1,367.75 701)457.82 30-Jun-11 (1,581.87) 699,875.95 21070.14 14-Jul-11 (591.77) 699,284.18 772.41 20-Jul-11 31456.56 702,740.74 (415016.60) 1-Jul-11 452.64 7031193.38 10-Aug-11 254.14 7031447.52 (330.11) 11-Aug-11 (295.74) 7031151.78 384.07' 31-Aug-11 1,390.42 7041542.20 07-Seep-11 (332,800.00) 371,742.20 430,505.42 07-Seep-11 2144,6.14 374,188.34 (31,161.34) 19-Seep-11 291.60 374,479.94 (376.01) 301-Seep-11 (2,,5010.01) 371,979.93 31,217.09 301-Seep-11 (79.54) 371,900.39 05-Oct-11 783.21 377,683.60 (11,006.92) 31-Oct-11 3016.57 372)990.17 07-Nov-11 1512791.05 388)269.22 (191,544.31) 03-Nov-1 1 (110.00) 388;159.22 140.68 30-Nov-1 1 192.38 388,351.59 07-Dec-11 227849.73 4117201.33 (29,1,037.79) 31-Dec-11 654.48 4111855.81 31-Dec-11 (31 103.48) 4081752.33 31927.03 11-Jan-12 2031110.59 6111862.92, (256,480.69) 26-Jan-12 (309.18) 6111553.74 389.33 31-Jan-12 259.09 61118 12.83 08-Feb-12 319910.57 6 151803.40 (51013.78) 09-Feb-12 (601.43) 615,201.97 755.50 29-Feb-12 409.96 615,611.93 02-Mar-12 (991,925.00) 5115,686.93 1241984.37 07-Mar-12 107958.37 526,645.30 (13,693.72) 31-Mar-12 355.90 527,001.20 31-Mar-12 (2,540.52) 5241460.68 3,161.05 04-Apr-12 12,819.53 5371280.21 (15,938.80) 19-Apr-12 (607.56) 536,672.65 753.28 19-Apr-12 (110.010) 536,562.65 136.38 30-Apr-12 522.015 537',084.70 02-May-12 1 192,285.09 1 1 1 729,369.79 1 (237,824.12) Exhibit E-2 2020-07-28 Agenda Packet, Page 337 of 711 APPENDIX A-AD 94-1 Close Out Report Date Receipts Payments Earnings Balance Future Value 17-May-12 (30�2-37') 729,067.42 372-93 3,1-May-12 391.65 7295459.07 06-Jun-12 47551.86 734,010.93 (57594.21) 27'-Jun-12 37446.79 737)457.72 (47219.49) 28-Jun-12 (302.81) 737)154.91 370.62 30-Jun-12 156.39 737,311.30 (191.34) 30-Jun-12 658.38 737,969.68 30-Jun-12 (17649.90) 736,319.78 21018.64 30-Jun-12 (291.60) 736,028.18 356.77 18-Jul-12 17453.11 737)481.29 (1,771.90} 31-J a l-1 2 633.60 738,114.89 09-Aug-1 2 (615.69) 7377499.20 747.82 15-Aug-1 2 227.14 7377726.34 (275.58) 31-Aug-1 2 344.62 7387070.96 04-Sep-12 (3297925.00) 4087145.96 398,860.13 12-Sep-12 27060.94 4107206.90 (2,487.83) 30-Sep-12 (1,525.69) 4087580.21 1,957.04 30-Sep-1 2 172.04 408,752.25 10-0c-1 2 31,056.44 411,898.5'9 (31670.27) 31-Oct-1 2 337.14 4127145.83 07-Nov-12 13,499.72 425,645.55 (16,129.29) 15-Nov-12 (11 0.00) 425,535.55 131.23 30-Nov-12 73.64 425v699.19 12-Dec-12 841834.90 510,444.09 (100,698.63) 31-Dec-12 375.01 510,819.10 16-Jan-13 144,1861.58 655,680.68 (179,860.57) 31-Jan-13 401.80 656,082.48 13-Feb-13 61476.30 662,558.78 (71600.17) 28-Feb-1 3 226.08 6627784.86 01-Mar-13 (911875.00) 5707909.86 1077456.46 13-Mar-13 11 1009.78 5817919.64 (12,848..1 2) 21-Mar-1 3 (21164.22) 5797755.42 21521.81 31-Mar-13 107.75 5797863.17 31-Mar-13 (31253.38) 576,1609.79 31784.56 10-Apr-13 441,954.87 6211564.66 (521197.01) 11-Apr-13 (11 0.00) 6211454.66 127.70 30-Apr-13 411.35 6217866.01 02-May-1 3 (621.00) 6217245.01 '718.08 08-May-1 3 166,915.38 7881160.39 (192,793.32) 31-May-13 236.12 7881396.51 05-Jun-1 3 11594.99 7891991.50 (11833.00) 26-Jun-1 3 11408.83 7911400.33 (1,812.7'1 27-Jun-1 3 (11213.13) 7901187.20 11388.43 30-Jun-1 3 (5,7'23.14) 7841464.06 61546.49 30-Jun-1 3 (1,626.69) 782,837.37 1,860.71 30-Jun-1 3 ({613.04) 7821224.33 17-Jul-1 3 1,891.78 784,116.11 (2,157.07) 31-Jul-1 3 560.82 784,676.93 14-Aug-13 1,136.91 785,813.84 (1,289.82) 31-Aug-13 151.10 785,964.94 I-03-Sep-13 1 1 (346,875.001)1 1 4391,089.94 392)131.79 Exhibit E-3 2020-07-28 Agenda Packet, Page 338 of 711 APPENDIX A-AD 94-1 Close Out Report Date Receipts Payments Earnings Balance Future Value 11-Sep-13 894.71 439,984.65 (1,009.93) 30-Sep-13 34.17 4407018.82 09-Oct-13 182.00 4407200.82 (20�4.37') 31-Oct-13 315.04 4407515.86 05-Nov-13 1 01,008.05 450,523.91 (11,181.34) 30-Nov-1 3 99.011 450,522.92 11-Dec-1 3 55,902.58 506,525.50 (62,048.96) 12-Dec-13 (932.54) 505,592.96 11034.88 24-Dec-13 (110.00) 505,482.96 121.80 31- ec-13 461.53 505,944.49 31- ec-13 (37264.02) 502001.47 31610.05 15-Jan-14 175,169.09 677,849.56 (193,196.73) 31-Jan-14 406.69 678,256.25 12-Feb-14 71389.28 685,645.53 108.72) 28-Feb-14 134.73 68517801.26 03,-Mar-14 (82t950.001) 602,8301.26 90,669.601 31-Mar-14 (1 1632.01) 591,198.25 1,774.'91 31-Mar-14 145.02 6017343.27 09-Apr-14 34,257.93 6357601.20 (37,194.92) 10-Apr-14 (1 562.63) 6347038.57 11696.28 17-Apr-14 (623.28) 6337415.29 675.70 30-Apr-14 426.691 6337841.98 01-May-14 (311.58) 63375301.40 336.90 07-May-14 1837692.72 8177223.12 (198,399.80) 22-May-14 (110.00) 8177113.12 118.47 31-May-14 275.17 8177388.29 04-Jun-14 11,907.65 8197295.94 (2,050.01) 05-Jun-14 (31 2.70) 8187983.24 335.97 25-Jun-14 744.98 8197728.22 (797.44) 30-Jun-14 504.58 8207232.80 30-Jun-14 3,398.49 8237631.29 (3J634.40) 01-Jul-14 787.77 8247419.06 (842.30) 01-Jul-14 (31 2..59) 8247106.37 334.33 18-Jul-14 579.76 8247686.13 (617.92) 31-Jul-14 344.89, 8257031.02 13-Aug-14 281.78 82573112.80 (2918.93) 14-Aug-14 (315.00) 8247997.80 334.11 1-Aug-1 4 371.70 8257369.50 10-Sep-14 179.,25 8257548.75 (189.20) 23-Sep-14 (309.66) 8257239.09 326.06 30-Sep-14 (1,005.78) 8247232.31 11,058.70 30-Sep-14 (35779501.00) 4667282.31 37674110.58 30-Sep-14 375.43 4667657.74 08-Oct-14 40.49 4667698.23 (42.51) 14-Oct-14 (5919.74) 4667098.49 629.012 31-Oct-114 233.04 4667331.53 04-Nov-14 (309.68) 4667021.85 323.59 05-Nov-1 4 11,359.30, 4777381.15 (11,857.23) 25-Nov-14 (110.010) 4777271.15 114.49 30-Nov-1 4 2,32.22 4777503.37 10-Dec-14 1 281576.98 1 1 1 506,080.35 1 (29,550.10) Exhibit E-4 2020-07-28 Agenda Packet, Page 339 of 711 APPENDIX A-AD 94-1 Close Out Report Date Receipts Payments Earnings Balance Future Value 31-Dec-14 (1 7006.78) 5057073-57 17041.04 31-Dec-14 237.97 505,311.54 14-Jan-15 205,092.89 7105404.43 (211,51x".62) 20-Jan-15 (318.88) 710,085.55 328.50 31-Jan-15 289.26 710,374.81 03-Feb-1 5 (31 4.91) 710,059.90 323.62 11-Feb-15 57973.52 716,033.42 (61129.63) 13-Feb-1 5 (73,325.00) 642)708.42 75,213.12 28-Feb-1 5 295.79 643,004.21 03-Mar-15 (314.93) 642,689.28 321.83 11-Mar-15 10,383.+ 4 653,072.92 (10,595.41) 31-Mar-15 (1 7006.78) 652,066.14 1,023.57 31-Mar-15 297.48 652,363.62 07-A1pr-1 5 (314.93) 652,048.69 319.79 08-A1pr-1 5 81268.53 660,31 7.22 (81394.69) 21-Ap r-15 (110.00) 660,207.22 111.41 23-Apr-15 (632.98) 659,574,.24 640.84 30-Apr-15 298.17' 6591872.41 03-May-15 195,472.60 8551345.01 (1971418.95) 31-May-15 391.95 855,736.96 93-Jun-15 1 1,152.07 856,889.03 (1,157.08) 09-Jun-15 (158.22) 856)730.81 158.81 24-Jun-15 11,14,3.23 857,874,.04 (1 114,4.30) 29-Jun-15 2 333-12 8587207.16 29-Jun-15 1 1 (8587207.16), 1 0.00 1 8587207.16 -Total IRebatable Arbitrage $ 0 81 17 5.U4 1 Interest accrued during prior period. 2 Interest accrued on investment through June 29, 2015. Exhibit E-5 2020-07-28 Agenda Packet, Page 340 of 711 A /APPENDIX A-AD 94-1 Close Out Report Outstanding Investments Exhibit F City of Chula Vista Assessment District No. 941-1 (Eastlake Greens 11) Limited Obligation Improvement Bonds Improvement Proceeds Managed by the City $ 1,144,407.94 tBa I a 7nc e: $ 11144y4,077.t94 Reserve Proceeds Managed by the City $ 903,214.17 Balance $ 903,214.17 Redemption Proceeds Managed by the City $ 857,874,.04 tBa I a 7nc e: $ 857,1874.04 Exhibit IF-1 2020-07-28 Agenda Packet, Page 341 of 711 zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28, 2020 File ID: -0271 „MITI RESOLUTION OF THE CITY COUNCIL OF THE CITY" OF CHULA VISTA AUTHORIZING THE PURCHASE ASE OF SEWER VACUUM, HYDRO-EXCAVATION, AND STREET SWEEPER EQUIPMENT) WITH RELATED ACCESSORIES AND SUPPLIES FROM GAPVAX INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SOURCEwELL CONTRACT NUMBER 1 2017-CCPV IN AN AMOUNT NOT-TO-EXCEED FOUR MILLION DOLLARS 4,000,000THROUGH THE TERM OF THE CONTRACT (FEBRUARY 2022) ACTIONRECOMMENDED Council adopt the resolution. SUMMARY The Fleet Services section of'the Public Works Department supports the delivery of City services to residents by ensuring the City's fleet vehicles and equipment are ready when needed. The City Council has approved the Infrastructure,Facilities and Equipment Expenditure Plan that outlines how Measure P funds are planned to be allocated over a 10-year timeframe.'This plan.,along with other financing,provides for the replacement of failing equipment that includes heavy-duty public service fleet vehicles. The City will maximize cost savings through participation in the Sourcewell cooperative purchasing contracts for the replacement of' these heavy-,duty specialized vehicles and equipment which will provide savings to the City and is not anticipated to adversely affect local vendors. The City of Chula Vista Municipal Code Section 2.56.140 and Council Resolution. No 6132 authorize the City to participate in cooperative bids with other government agencies for the purchase of materials of common usage,provided that the Purchasing Agent determines that te competitive process used for the cooperative bid was consistent with good purchasing practices. ENVIRONMEN'TAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Sectio. 1,5060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, Page 342 of 711. DISC'USSION The Fleet Services section of'the Public Works Department supports the delivery of City services to residents by ensuring the City's fleet vehicles and equipment are ready when needed. The City Council has approved the Infrastructure,Facilities and Equipment Expenditure Plan that outlines,how Measure P funds are planned to be allocated over a 10-year timeframe.'This plan,along with other financing,provides for the replacement of failing equipment that includes heavy-duty public service fleet vehicles. The City will maximize cost savings through participation in the Sourcewell cooperative purchasing contracts for the replacement of' these heavy-duty specialized vehicles and equipment. Due to the unique nature of this equipment,Fleet Services staff and staff from the operation sections worked in collaboration to conduct research into the types of equipment available in the industry and evaluated each prospective piece of equipment for its functionality and suitability for its intended purpose.The combination jet/vacuum equipment manufactured by GapVax/International,best meets the needs of the Storm Water and Wastewater sections. The GapVax/International is a standardized specification that has been purchased most recently by the City and comprises the majority of the fleet of combination jet/vacuum trucks. The benefits associated with uniformity of heavy-duty specialized equipment includes efficiencies in operation, maintenance,and repair.,While GapVax Inc.,is the manufacturer of this equipment,they are directing the City to use the regional distributor of their equipment, Plumbers Depot. The City anticipates purchasing 3 units between fiscal years 20�20 and 2021,with future purchases according to projected replacement schedules. As a member of Source ell, the City of Chula Vista has an opportunity to benefit from cooperative contract purchasing that leverages the national purchasing power of' more than 50,000 member agencies. As a municipal national contracting agency, Sourcewell establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Purchasing staff concurs in this assessment. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cat.Govt Code§87100,et seq. . Staff is not independently aware, and has not been informed by any Council member,, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Sufficient funds have been budgeted in the Measure P Expenditure Plan and Departmental budgets. No appropriations are being requested as part of this action. ONGOING FISCAL IMPACT Any purchases as part of this authorization will be incorporated into future budgets as part of the normal budget development process. P 2 2020-07-28 Agenda Packet, Page 343 of 711 AT rACHMEN rs 1. Sourcewell Contract Staff Contact: Tessa Nguyen,Senior Management Analyst P 3 2020-07-28 Agenda Packet, Page 344 of 711 RESOLUTION No: RESOLUTION of THE CITY COUNCIL OF THE CITY of C ULA VISTA AUTHORIZING G THE PURCHASE OF SEWER VACUUM, HYDRO-EXCAVATION, ANIS STREET SWEEPER EQUIPMENT, WITH RELATED ACCESSORIES AND SUPPLIES FROM OAPVAX INC. IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SOUR WELL CONTRACT NUMBER 122017-OPV IN AN AMOUNT NOT- TO-EXCEED OT- TO XC ED FOUR MILLION DOLLARS ($4,000,000) THROUGH THE TERM OF THE CONTRACT (FEBRUARY 2022) WHEREAS, section 2,56,1.40 of the Chula Vista Municipal Code authorizes the City of purchase equipment t Chula Vista to p. ul�. p roup a cooperative purchasing agreement with a joint exercise of powers authority where said equipment is purchased through a competitive process that the Purchasing Agent determines to be consistent with good purchasing practices; an WHEREAS, the City of Chula Vista is a member of Sourcewell (formerly National Joint Powers Alliance), a joint exercise of power authority, that leverages the national cooperative purchasing power of more than 50,000 member agencies; and WHEREAS, Sourcewell has awarded OapVax Inc. contract number 12201 -GPV for Sever Vacuum, hydro-Excavation, and Street Sweeper Equipment,t, with related accessories and supplies, in accordance with its Purchasing Rules and Regulations; and WHEREAS, the Measure P Expenditure Plan, along with other financing, provides for the replacement and purchase of failing infrastructure, facilities, and equipment; and WHEREAS, staff anticipates the purchase of 3 wits between fiscal years 2019-2020 and 2020-2021 with future purchases according to projected need and replacement schedules, and WHEREAS, of the vehicles and equipment identified for purchase and replacement there are sever vacuum, hydro-excavation, aid street sweeper equipment with related accessories and supplies included; and WHEREAS, staff recommends the use of the cooperative purchasing contract to expedite the purchase of sever vacuum, hydro-excavation, and street sweeper equipment with related accessories and supplies. WHEREAS, the Purchasing Agent has determined the above process to be consistent with good purchasing practices. 2020-07-2 Agenda Packet, Page 345 of 711. Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the purchase of sewer vacuum, hydro-excavation, and street sweeper equipment with related accessories and supplies from GapVax Inc. in accordance with Sourcewell contract number 122017-GPV through the term of the contract (February 2022). Presented by Approved as to form by Iracsema Quilantan Glen R. Goo ins Director of Public Works City Attorney 2020-07-28 Agenda Packet, Page 346 of 711 Form C EXCEPTIONS TO PROPOSAL TERMS CONDITIQn 1101; lill:iffiffil'ipiq 1&.f A"SOLUT11: WE ST Company Name:_GapVax a t i*ons,or proposalfonns contaihied in tW,s RFP must be noted in wn*tm" g acceptedt1i poser's response. The Pro,poser acknowledges that the except"ons histed may or may not be „ exceph"ons and may claffy the exceptions in the approlpfiate sectl*on below. Term,Condition,or NJPA Sectioj� ten, ification Exce t' ACCEPTS GapVax offers defined delivery fees Accepted. travelTo be proposed based on fleour See clarification. Delivered,to factory.Deliver fee is$3.00 per rrufle 3.33 Members sifte for Cont 10%U UM"ted States. 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Review and Approved: 4 0# 0117 002'r[6ki JPA—Legal Department ,ry uam i u•„N �� ,. .... , ,., �o ,,,,,,,,,,:,,,,,,,, .,,,.„ ,, ,... ....., ,.. ,,,,,,,,.,,...„a:..,w„„ ..,,a,,...,,.«,.,,,.„„o „a„„. ,,,,,,..,,,.,, w,„„.„,... ,.,„„m„,m s,.,„r,.r.,,, wn•».aa..,.ww�„ww«;mw;aaµ.µ.»,»«.,�.�w..,.,:,.....«w a.wM.wa w..a,,,, A Contract Award RFP #122017 FORM' D f Offen" t��"ooxwu�m�rv�mrwww+�a��wuu�"t,' Formal of Pro 0sa (To be completed only the Proposer) au SEWER VACUUM,HYDRO-EXCAVATION,AND STREET SWEEPER EQUIPMENTs WITH RE1XI'ED ACCESSORIES AND SUPPLIES, In compliance with the Request for Proposal w ,,1 AND STREET SWEEPER EQUIPMENT, W17I-H RELATED ACCESSORIES AND SUPPLIES, the undersigned warrants that th,e Proposer has exann"ned thisRF?and,bem* g famiffi*ar with all of the itistructi*oms,temis and condi"tiorLs,geneml and technical s fflcati*ons, sales and sem*ce expectations, and any speci*al terms, agrees to fumish the defined prod,u,cts and related peci s erv* full compliance wi*th all terms and, condiki"ons of this RFP, any applkable amendments of this RF?, and all ices M Proposer's respon,se documentation.The Proposer futther un,derstands that'it accepts the fall responsiN'liky as the sole source of sojufions proposed I*n this RFP response and,that the Proposer accepts responsiNlity for any subcontra,ctors used,to fulfill this proposal. Company,Address-. 575 Central Ave City.--johnstown State: PA Zl`p: CAGE Code/Duns&Bradstreet Puns 926986522 : - __ Contact Person,-, .—,Gary A.Pobo Title: President 0 1001 Gary wwwA., Poborsky(Nmne * or �ww � FORM E CONTRACT ACCEPTANCE National t (Top podion of this forrin Will be coryipleteldl by NJPA'if the vendor is awordeld a contra ct Jtie vendor should complete ry the ,of the RFP response.) NJPA Controci G ' Proposer's full Based an NJPWs evaluation of your proposal,,you have been awarded a clontract.As an awarded tl agree to provilde the piroducts and servIces contained In your�proposal and to meet all of the temis and condfflons set forth In this RFP,In anyl amendmenfs to this RFF,and In any exceptions that are accepted by NJPA. The effecifivel dole of e Coritract will111 expire later of four years from 1he expiration dote of the currently awarded contract or'fOLl'years f rom the date that the N.JPA Chief Procurement Officer awards the Contract). ,o fifth year at NJPA's isc Jeremy Schwartz AND PROCUREMEr4l/C&PO Raw Chad IV jeffew N,JP'A EXECUTIVEDIP RECTOC (D SKS 1"J ok 1 IRE (NAME PRRAED OR WPM) 0 Vendor Authodzed Signatures.,The Vendor hereby accepts this Contracf award,inClUding all alcicepted exceptions and arnendments. GapVax Inc. Vendor Ignatiory's Me President Authorized S poborsky (10 '40--ol Gary A. " 0 �.., wixwb�& MWiW'+PrWPM.luNmiMm MIOONOWIMWwMrV.WWWWWPoMtl�w��WM'�HNUI i� AM�nXm W94.W e�owOUMVM1Yw�,U.b:�4�M�"FJ OU �Im�IIa�arauwla�'m nMUTeno��"N i4�u0oM lu�r� �.o rirrww.r ..�;✓.�rr�ry,�,,r.i,,m e..ri»Mri i,..:M*Im x vy.ri_.rv�vuwrvNNVO�M'IINWYCSMI�YT�151�^WuuMN�,�Nw,mtuen'tlN�d,.�t'�+.wu➢aYw✓r :.i��r0p1i0Mmi mmm'aw.�awio�wo t d a w ,,.III°° ,. ': ",�1=r,J1 ., ..,II "v?D) Feb. 8 111,4,,,,,JPA,Carifract # "I 220117-GPV 2020-07-28 Agenda Packwelt Page 349 of 711. All Form F f Y Y„l"v �Yll, PROPOSER ASSURANCE OF COMPLIANCE ,Proposal Affidavit Signature Page , PROPOSER'S AFFIDAVIT T'he undersigned, authofized representative of the entity subrm,affig the foregoing proposal(the"Proposer"),swears that thefollown � , statements are tnie to the best of s or her knowledge. 1. The Proposer is subimttffig its proposal,under its true and coffect narne,the Proposer has bem,i properly ofiginated I I *ts state of 'res'dence, the Proposer possesses, or w*11 possess before and, legally ex'sts *n good standing m i I defivefing any products and related services,all applicable licenses necessary forsuch delivery toNJPA mem,bers agencies.The undersigned affinns that he or she is authorized to act on behalf of,and to legally bind the Proposer, to the tenns this Contract. , firm,2. The Proposer,or any person representing the Proposer, has not directly or m" directly entered 1"rito any agreement or arrangement with any, other vendor or supplier, any official, or empl,oy,ee of NJPA, or any persor corporation, RFP m” any way that adversely affects the free a,nd open competition for,a Contract award under this RFP. 3. The Proposer has exarm"',ned and understands th,e terms, $ 0 i ficat' , documentsrequest, and other solicitation w ffi and have been included,with the Proposer's RFP response. n mg The Proposer 'if awarded a Provide to NJPA Members the/products and services in accordance aContract, Proposer-offeredith the tenns, conditions,and scope of this RFP, with the wl documents in this soliclitati"'OrIL 5. The Proposer agrees to deliver products and ser%*ces through valid contracts,purchase orders,or means that are acceptable to NJPA,Members.Unl,ess otherwise agreed to,the Proposer must,provide only new and first-quality w,. products and,related services to NJPA Members under an awarded Contract. 6. Tile Proposer will comply with all applicable provisions of federal, state, an,d local laws,regulations, rul,es,and 7. The Proposer understands that NJPA will reject RFP proposals that are marked, "confidential"(or"nonpublic," etc.), either substwitially or "in th,ev* entirety. Under Mimiesota Statute §13.591,, considered nonpubtic data, unfid the evaluation is compl,ete and, a Contract At, that,point, proposals pw awarded. publicgenerally become data. Mftuiesota Statute §13.37 perlrru*ts only certain narrowly defined data to be considered a trade and thus � �" � yr adata under w 8. nie Proposer ' ' i as am considers mr blank" it s the Proposer's duty to protect on that and it agrees to defend and indemruffyNNA for reasonable measures that NJPA,takes to uphold su6h a data designation. [The rest of this page has been left,'Intentionally By and signiing acknowledging. she has read, understands, agrees t, i the ternis and con ditions specified GapVax, Inc Company Name: Address: CentizI PA 15902 , �. re �� � ��� � M............ ,.., ,�.a� l��� Authofized S' I. #0 �. o ,W w „ry,www m ignature,Alithonized Name ,i454 0 (pninte4),: � w„u�r,»r, ,,, ., W rim, ,rv..:,a., "ride: President � ion I ' i V ,,, al � n,ma.n..m,a, �.Y ��, o u��««��� , 201'7 m . Notarized COM'MONWE PENNSYLVANIA Be my commission Expires June 25,2021 SubscHbed and swo,m,to before me this day of N..,,�.,����� Notary Public ic � and r h County ., SII �� o��,�,yw�° wuu�""�� o��� State �� , wmmmmmryumo�uuenw vs�v. 5.�wroa�m ,o.a..w w o.n�rua�ooarmm'm�w.wwew'muo,wnl1M��, Damm oo�oMNvo�����",�,�VWIWItl010uw,m NUS. ry W I�uU ou�ier9la,s MRaWN u'e'aao-wwrrypi,'MYxtimmma�Mmmra �,YmoNW mmwuuo�mo�rry n..rw:v Dry.. "^dpWWM1Wmmrv�V IPN.11.i..no oo�w urvt�mnrow:ro'urv''�W""^�L'mowm>M*m'm unumi ww auM:,'�'am dm w.xWMrfi4+�^'Mw�F-ww.W.ew.n wu� .. y P i1[17 ora i w �w r O 1 . / o ..... ,,,..,w,,.,,,,,,wN..��„, �„ J 2020-07-2 Agenda da Paeke Pale 351 of 711. 4 I" kIt, l 1 M Form P PROPOSER, QUESTIONNAIRE Payment Terms,Warranty,Products and Services,Pricing . poser e: —.,----GapVax l Questionnaire comlets by: ---Matt Hughes .) What are yr payment to ., net 10,net 30)? & 0 Our payment terms for municipal end-users is Net 30with an authorized purchase order. 2) Do you provide leasing or financing options, especially those options that schools and governmental entitles may geed to use in order to make certain acquisitions?. GapVax Inc, as well as many of our dealers, have partnered with lending companies to offer a variety of funding options. One of our dealers uses se. They have special finance plans for Municipalities. Some of 0 the advantages are. 100% financing avai Competi"tive and affordable 1"nterest rates Flexible terms to meet your needs 0 (monthly, quarterly, senuLannual and annual) Delayed payments (start paying next fiscal year) Ownership after your final payment Lower interest rates due to tax-exempt status 3) Briefly describe your, roposed order process. Please include enough detail to support your ability engineering,sales to NJPA,. For example, indicate whether your dealer network is included in. your response and whether each dealer(or some other entity)will process the NJPA Members' purchase orders. Our proposed order process begins with the dealer walking through a build sheet with the customer. From there, the build sheet 'I's sent to the GapVax engineering department for review. If 'Its approved by the dealer will then convert the build sheet to a quotati"on. Once the quotation 'i's approved by the customer it 'I's submitted. back to GapVax to begin the order 0 W « placement process. GapVax will be in control, of the ce process from there since we w ill be the NJPA contract holder. This liandoff will allow us to know all the sales occurring through our NJPA contract and allow us to provide accurate quarterly data to NJPA. 4) Do you accept-the P-card procurement and,payment a r �, 1 .Members for 5) Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may include in your response a copy of your warranties, 'but at a minimum please also answer the following questions. 0 Do yourwarranties cover all products, parts,, and labor? Yes, our warranty covers all the products we are proposing that are ultimately sold to municipalities. Warranty coverage on GapVax products sold through our dealers includes parts and labor (or partial labor) per the following warranty language. GAPVAX,,INC.,WARRANTS THE MC SERIES COMBINATION JET/VACUUM. MACHINE TO BE, FREE FROM DEFECTS INMATERIALS AND WORKMANSHIP, UNDER NORMAL AND REASONABLE USAGE, WITHIN THE GENERAL STANDARDS OF MAINTENANCE 0 FOR TERMS ASFOLLOWS. 0 ENTIRE UNIT. 12 MONTHS VACUUM PUMP LOBESO 12 MONTHS STAINLESS STEELWATER TANK. 120 MONTHS 3/16"' EXTEN STEEL DEBRIS TANK,,.,, 6O MONTHS THIS WARRANTY IS SPECIFICALLY LIMITED TO THE G'APVAX MC SERIES SUPPLIED BY GAPVAX,AS ORIGINAL EQUIPMENT, WHICH IS DETERMINED BY GAPVAX TO BE DEFECTIVE.THE COMPONENT'DETERMINED TO BE DEFECTIVE BY GAPVAX SHALL BE REPAIRED OR REPLACED AND BE WARRANTED FOR PARTS AND LABOR. IN ALL CASES THE 'DEFECTIVE COMPONENT MUST 'BE RETURNED TO 'THE GAPVAX FACTORY OR DESIGNATED AUTHORIZED SERVICE LOCATION, WITHIN THE, T I IME PERIOD SHOWN ABOVE. ALL TRANS PO,RTATIO,N AND FREIGHT COSTS FOR WARRANTY WORK OR COMPONENTS SHALL BE 'THE SOLE OBLIGATION OF THE, PURCHASER, THE LIMITED WARRANTY DOES NOT COVER CHASSIS COMPONENTS,DEFECTS,DUE TO MISUSE, ABUSE, NEGLECT, NOR DOES IT SUPERCEDE THE WARRANTY OF AN ORIGINAL COMPONENT MANUFACTURER., REPAIR OR REPLACEMENT AS PROVIDED, UNDER THIS LIMITED 'WARRANTY' IS THE SOLE REMEDY FOR THE PURCHASER. GAPVAX MAKES NO OTHER WARRANTY, EXPRESSED OR IMPLIED AND MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. GAPVAX SHALL NOT BE LIABLE FOR ANY LOSS OF PRODUCT, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGE9 LOSSES OR DELAYS OF ANY KIND,. • Do your warranties1 s ions that adversely affect coverage? 0 0 There are certain limitations that apply. They are "DEFECTS DUE TO MISUSE, ABUSE, NEGLECT915 • Do your warranties cover the expense of technicians' travel time and mileage to perform warranty repairs'? Warranty on GapV`ax products sold through our dealers covers, parts, and labor or partial labor depending on, the claim. The labor compensation varies from dealer to dealer. Travel 0 10 reimbursement varies from dealer to, dealer too., 2020-07-28 Agenda Packet, Page 353 of 711 Are there any geographic regions of the United States fior which you cannot pro.vide a certified technician to perfon-n.warranty repairs? How will N-JPA Members in.these regions be provided service for warranty repair.? There are certain areas that do not have dealer coverage. These areas deal factory-direct. In these regions,parts associated with warranty claims are covered but labor is not.There are certain 0 instances that a factory technician will, be dispatched to a customer9s site. Those instances are 0 evaluated on a case-by-case basis. The map below is a high-level view of our dealer's coverage. // �//air H/'Ili N1 P'' 711 GapVax is negotiating Ar/ dealer contracts for ri///7111? V AS,H,1,PJ(3 T INA,'C?,NI A N pf- flaMorare'al, coverage in MN, W1, o wa 0 N O'V,&"S C G' N E V T IL9 IA�MO&KS oror )iel,I A Pllf "r, Aq,' E,G 0 N ............-1--1-1---.'-..... ........ ..................... D A lfi 0 Nriir Y Chicago 0 W 1,i E ii,F,i,A S K A I t,I N(3 Af S ENPs,0 A f�Pii I)TA oph ............. Staltes United r, ////it///U / /r /lir j N4�0 1(j YA WES I Frarivsco t 1,I A Di 1')` of,",A t%#fS,Pk,,`,',,,,/, (JI 1111`�",11, V t�F,?G,I N I A 2 K I,N J C K Y V I R, k""A"1.11,'JI rit N A A TLas Vegas KAt,A�H", M A I N P,0,V, ,igeles AR"KANSAS A PIN ?IM11,E X I C 0 S S I P P i ( )iego A R,Ot/I N At ABA NAA ft,X Gf 1:;,f,A N o yr A / ///, , ,i r oa / rrrr i. , Hrrr„/.... ii / % ri// ..,c,,,, oust R I C")A:::: A� IN ........ .. ...... P/ • Will you cover warranty service for items made by other manufacturers that are part of your proposal,or are these warranties issues typically passed on to the original equipment,.? Warranty coverage on purchased 'Items that are incorporated into our products are passed on to the original equipment manufacturer. • What are your proposed exchange and return programs and policies? Our return policy on warranty parts typically begins with the customer or dealer calling our 0 . 0 0 service department to explain the 'issue. If a part is deemed defective and is still under warranty, 0 0 0 the GapVax service manager will ship out a replacement part ASAP and issue an invoice for the & A * part. A credit will be issued to the customer/dealer once the defective part is returned to our service department. 6) Describe any service contract options for the items included in your proposal. Service agreements are offered at the discretion of our dealers and vary based on our dealer's service policy. Some have on-sl*te mobile service capabilities,while others perform hi-shop service only. Pr', Deli V.Audits and Administrative Fee 7) Provide a, general narrative description of' the equipinent/products and related services you are offering in your proposal. C'rapVax manufactures equipment used 'by municipalities and government agencies for the maintenance and cleaning of sanitary and storm sewers. The NIC unit flushes sewer lines with water to dislodge debris build-up that can clog pipes. The debris travels back, to the manhole where it is removed by the onboard vacuum system and collected in the debris body for disposal. The GJET unift provides a simi,lar service; it flushes the sewer Imes, but does not vacuum the debris.The VHE is a vacuum hydro excavator that uses onboard vacuum and high-pressure water to safely excavate near buried utilities like water and sewer lines. It is ideal for di ging near 9. ifive ftems, that can be damaged by conventional mechanical digging. sens, 1, 1 8) Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the NJPA discounted price) on all of the items that you want NJPA to consider as part of your RFP response. Provide a SKU for each item in,your proposal. (Keep in mind that reasonable price and product adjustments can be made during the term of an.awarded Contract. See the body of the RFP and the Price and Product C"hange Request Form for more detail.) GapVax's proposal isbased on, Line Item Pricing that reflects our NISRP price and the NJPA Contract Price. 9) Please quantify the discount range presented in this response. For example, indicate that the pricing in your response represents %percent discount from the MSRP or your published,list. 0 NJPA Contract Pricing is 2% less than NISRP, 10) The pricing offered in this proposal is the same as the Proposer typically offers to an individual municipality,university, or school district. —.-X-.—'b. the same as the Proposer typically offers to GPOs, cooperative procurement organizations, or state purchasing departments. better than.the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing departments. other than what the Proposer typically offers (please describe). 11) Describe any quantity or volume discounts or rebate programs that you offer. GapVax does not offer volume pricing. 12) Propose a method of facilitating "sourced"products or related. services, which may be referred to as "open market" items or"nonstandard options". For example, you may supply such items"at cost"or"at cost plus a percentage,"or you may supply a quote for each such.request. GapVax will utilize"Open .market" pricing for the chassi's portion of our equipment. The chassis 6 is a sourced good that we will offer at Cost+ 3%. 13) Identify any total cost of acquisition, costs that are NOT included in. the pricing submitted.with your response. This cost includes all additional charges that are not directly identified, as freight or shipping charges. For example, list costs for items like installation, set up,mandatory training, or initial inspection. Identify any parties that impose such, costs and their relationship to the Proposer. 0 Delivery, Sales Tax, Federal Excise Tax, 'Vehicle Registration Fees, Customs & Brokerage Fees, or Freight Forward mgFees, are not included. 1.4) If delivery or shipping is an additional cost to the'NJPA Member,describe in.detail,the complete shipping and delivery program. 0 Delivery, can be supplied by GapVax at a $3.00 per, mile delivery charge. Delivery will originate 0 0 41 at our factory in Johns,town, PA 15902. Excepti I ons, to this, delivery fee are GapVax units built on a, chassiI, powered by CNG (compressed natural gas.) They require special transportation methods and will quoted at the time of the ,proposal. 15) Specifically describe those shipping and delivery programs for Alaska,Hawaii, Canada, or any offshore delivery. 0 0 Canadian shipping can be, coordinated through GapVax via our Customs, Brokers. Shi"pping to 000 Hawaii and Alaska can be coordinated through GapVax via our Freight Forwarders m Californiia, and Washington., 16) Describe any unique distribution and/or delivery methods or options offered in your,proposal. M, industry 0, GapVax will offer NJPA members, standard distribution and delivery methods. 17) Please specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with NJP,A. This process includes ensuring that NJPA Members obtain the proper pricing,that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper administrative fee to NJPA. 'J GapVax will authorize one in-house staff member to be the subject matter expert for the N PA contract., This is how we monitor and measure our other group purchasing contracts and state- 0 0, owned purchasi I ng contracts,. This individual will work hand-,in-ha,nd wi"th the sales team, dealer network and the G,apVax finance department. 18,) Identify a proposed administrative fee that you will pay to NJPA for facilitating, managing, and promoting the NJPA Contract in the event that, you are awarded a Contract. This, fee is typically calculated as a percentage of Vendor's sales under the Contract or as a per-unit fee; it is not a line-itern addition to the Member's cost of goods. (See RFP Section 6.29 and following for details.) GapVax will pay NJPA a 2%, administrative fee for facilitating, managing, and promoting the NJPA Contract. 0 Industry-Speciffic... u"e, stions 19) Describe the top three market differentiators of your products,/services relative,to the industry. a @ A) The GapVax is built by end-users for end-users. Our experience as a, provider of sewer cleaning services gives us the perspective that our competitors don't have. B) GapVax 'is, a family owned and operated company, This, structure gives us the flexibility to meet the everchanging needs of our customers without having to go 0 0 through financial exercises associated with large companies, to get approval from company boards or absentee investors, C') GapVax is, known for understanding the customer's needs and making customized 41 solutions to meet those needs. Many of our competitors are unwilling or unable to offer customization of any kind. 201) identify how your products,,, services and, supplies address the scope of this 2020-07-28 Agenda Packet, Page 356 of 711 GapVax's products address the basic RFP scope by offering our GapVax MC, GapVax G-JET and GapVax VHE to meet the intent of the SEWER VACUUM and HYDRD- CAVATION EQUIPMENT From a solutions based GapVax is proud E.. request* , to supply the members of NJPA with our latest technological offering,the GapVax M be fac*ng, the need Recycle Jet Vac. Many members are currently facing, or wi I .. expense.to conserve time,water and ultimately ow they can address those need by . using the GapVax Recycle Jet Vac to clean sewers. The traditional method used to clean sanitary sewers requires the operator to fill. up their combination machine with water,jet the water into the sewer for approximately 20 minutes, shut down when the water tank empties, go back to their water source (hydrant or similar) to fill up with water aga.in and start the process all over again. It's a very archaic and inefficient way to clean sewers compared to the GapVax Recycle Jet Vac. Our system allows NJ'PA members to start the day with 200 gallons of water and not have to shut down to refill the water tank because the GapVax Recycle Jet Vac reclaims the water from the sewer, cleans the water so in can be reintroduced into the jet pump, , s jetted back into the sewer again. Theillustrations below describe the process. Mimi i i Elm / r/r ✓,,. ;;;;U�//,/../,ri i/,/i/,/ //;, /�,,,,,�>/„ ,,,r� � :,,,,,,, /�//�/%%��%��� ail /%ri � � I ,;�,////, r:%� /%/�!✓///�/,,/!,. r%%„ri/rrr!�/// rr�///ri0 %/� r/</� ///�%//rG,. ���// >fi r/r////r r/ ///� � ';r%i/(r,,e r,r//jr ,v�% r,,,/✓r //�i li�/��//�� �a; / r i //O///iai /��✓/%/ii/i///%%ri�/%%j/iii/i'r///%'r///i //�/rr; ,. r�r r 7,," /���/i/�/i/%%/%//%ir%////��,/�i%/j���/%j��/>//�irk�iirr%�%/�j�/��ir�i/%//%/✓%/r% ,;.. ,. i ' 1 ml f /rrr r ri lir%. `rt i ell e ou u 00"j ,mu Date- Slignattue I � , :,1-11Y.» ���— �����M �m....,����,ow��r � ��.�,,,.,,,,���������„µ��,�µ� �� � �„«� � .w�����, ���..,,,. ,�.�rv��,.��,, ...". o� ��„��� ��,F�,��r� A,a von»,,.aw w.w,,�, 0/ Ovee y i 6 ry�krQi moo.. wy,'uN 1 1 2020-07-2 Agenda Packwelt, Pale 358 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: -0275 „MITI RESOLUTION of THE CITY COUNCIL of'THE CITY of CHULA VISTA ACCEPTING MULTIPLE DONATIONS IN THE AMOUNT of $14,000 FOR COSTS ASSOCIATED WITH PARIS & RECREATION FACILITIES AND PROGRAMS .AND AMENDING THE F 019/2020 PARIS AND RECREATION BUDGET To REFLECT THE APPROPRIATION of THESE FUNDS (4/5 VOTE REQUIRED) RECOMMENDEDT Council adopt the resolution. SUMMARY Multiple donors have made donations to Parks and Recreation to fund costs associated with the parks recreation facilities and programs. Today's action asks the City Council to accept the donations and appropriate these funds.. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with. the California Environmental Quality .Act (CEQA) and it has been determined that the activity is not a"Project"as defined under Section 15378 of the state CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 150601(c)(3) oft e State CEQA Guidelines,the activity is not subject to CE ,.A.. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an. Exemption pursuant to Section. 15061(b) 3) of the California Environmental Quality Act State Guidelines.'Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE Not Applicable. DISCUSSION Republic Services donated $10,000 to help provide necessary amenities at dog parks, such as dog waste dispensaries and bags,throughout the City. The Friends of Chula Nista Parks and Recreation donated funds in the amount of$4,000 for the Youth Scholarship Program which helps offset program fees for low-income Chula Vista residents. 1 . 0 0 1 P � 1 2020-07-2 Agenda Packet, Page 359 of 711. DECISION-MAKER C"ONFLIC'Ir Staff has reviewed the property holdings of the City Council members and has found that Councilmember McCann has real property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. However,,to the extent that any decision would have,a reasonably foreseeable financial effect on the,member's real property,the effect would be nominal,inconsequential,or insignificant. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702(b),this item does not present a real property-related.conflict of interest under the Political Reform Act(Cal. Gov't Code§ 87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in an appropriation of $14,,000 from multiple donors to Parks and Recreation's budget. Funds from Republic Services were issued for one time use to help pay for amenities at dog parks throughout the City.The Youth Scholarship Program is funded on a quarterly basis.Funds are used to supplement costs of programs and activities for low-income families. There is no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no on-,going impact to the budget. Al"TACHMENTS None Staff Contact: Gil Contreras, Principal Recreation Manager P 2 2020-07-28 Agenda Packet, Page 360 of 711 COUNCIL IL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HU A VIS"T"A ACCEPTING MULTIP E DONATIONS I TIE AMOUNT NT OF $149000 FOR COSTS ASSOCIATED WITH PARKS & RECREATION FACILITIES AN PROGRAMS AND AMENDINGTHE FY2019/2020 PARKS AND RECREATION BUDGET TO REFLECT ECT TIE APPROPRIATION OF THESE FUNDS (4/5 VOTE REQUIRED) E WHEREAS, City of Chula Nista Parks and Recreation received a donation in the amount of 10,000 from Republic Services; and WHEREAS,S, this donation helped provide necessary amenities at dog parks throughout t the City, and WHEREAS,.... City of Chula.Vista Parks and Recreation received a donationin the amount of$4,000 from the Friends of Chula Vista Parks and Recreation; and WHEREAS,S, this donation was used for the Youth Scholarship Program to supplement the costs of programs and activities for Chula Vista residents; and WHEREAS,.... accordingly, alldonated funds will be appropriated to the Parks and Recreation F 2 1 /2020 budget. NOW,, THEREFt II,.F, BE IT RESOLVED by the City Council cil of the City of Chula Vista, that It hereby accept $14,000 in donations from multiple donors and appropriates said finds to the Parrs and recreation budget. Presented by Approved as to fora b TRACY LAML3 GLEN R. GOOGINS Director of Community Services City Attorney 2020-07-2 Agenda Packet, Page 361 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File IIS: 20-0273 TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY of CHULA VISTA APPROVING THE THIRD AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN THE CITY AND LIVING COAST DISCOVERY CENTER RECOMMENDEDT Council adopt the resolution. SUMMARY This resolution approves the City of Chula Vista and the Living Coast Discovery Center to enter into a Third Amended and Restated operating Agreement with an expiration date of'December 31, 2021, including an automatic term.-extension provision which will extend the term of the Agreement to June 30, 2023. General. Fund financial support continues to be included in the City Manager's proposed FY 2020-21 budget. ENVIRONMENTAL REVIEW The proposed activity has been reviewed for compliance with the California Environmental Quality Act (CEQA) and it has been determined that the activity is not a"Project P) as defined under Section. 1,5378 of the state CEQA Guidelines because it will not result in a physical change in the environment;therefore,pursuant to Section 150601(c)(3) of the State CEQA Guidelines,the activity is not subject to CE ,A. Notwithstanding the foregoing, it has also been determined that the activity qualifies for an Exemption pursuant to Section 15 0 6 1(b)(3) of the California Environmental Quality Act State Guidelines.'thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION Effective February 6,2010,the City of Chula Vista and the Living Coast Discovery Center agreed on the terms and conditions of a license to manage and control LCDC operations, pursuant to a formal "operating Agreement." Since then,the Parties have agreed to modify and,/or extend the operating Agreement as follows (1) on or about November 23, 2010,the Parties agreed to amend the operating Agreement in order to extend the 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, Page 362 of 711. term until June 3O, 2012; (2) Effective July 1, 2012 the Parties entered into a new Operating Agreement for a period of 1 year,ending June 30, 2013; (3) On June 11, 2013,the Parties entered into that certain First Amendment to extend the Operating Agreement until June 30, 2014; (4) on or about June 19, 2014 the City Manager agreed to extend the Operating Agreement until September 30, 2014; On October 1, 2014,the Parties entered into that certain Amended and Restated Operating Agreement for the term ending December 31, 2015; and on February 4, 2016 the City Manager extended the term to June 30, 2017 under the Article 3.,2 of the Operating Agreement; (5) On July 1, 2017,the Parties entered into the Second Amended and Restated Operating Agreement for the term ending December 3,1, 2018; in June 2019, the City Manager extended the term to June 30, 2020 under the Article 3.2 of the Operating Agreement. In order to further extend the Operating Agreement,and to update,certain provisions thereof,the Parties now desire to enter into this Second Third Amendment and Restated Operating Agreement. The Third Amended and Restated Operating Agreement includes: •An initial term through December 31, 2021. • An automatic term extension to June 30, 2023 conditioned upon performance measurements being met including: (a) a separate operational reserve fund established and funded for LCDC operations with a minimum unencumbered balance of $100,000; (b) established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues; (c) maintained or augmented LCDC Board membership; (d) over a 12 month period, maintained LCDC general attendance equal to or greater than the previous 12 month period; and (e) complied with all material terms and conditions of this Third Amended Agreement. (Section. 3.2) e No Material Modifications Without City Approval. Operator shall not make material modifications to the LCDC Improvements without City's prior written approval, which such approval shall not be materially withhe�ld or delayed. For purposes of this Section"material modifications" shall mean the addition,removal or alteration of Improvements valued at in excess of'$,10,000. (Section 5.5) e Accounting Requirements and Financial Reports.The Living Coast Discovery Center will continue to submit quarterly financial reports to the City. In addition, every other fiscal year, Operator shall engage an independent,licensed, certified public accountant, reasonably approved by City to conduct a financial audit of Operator's books and records. The audit shall be prepared at Operator's cost and provided to the City of Chula Vista Finance Director by no later than November I of the audit year. (Section 9.2) DECISION-MAKER C'ONFLK.7 P : ge 2 2020-07-28 Agenda Packet, Page 363 of 711 Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet oft e 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 187022(a)(7) or (8), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). P 3 2020-07-28 Agenda Packet, Page 364 of 711 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. P 4 2020-07-28 Agenda Packet, Page 365 of 711 CURRENT-YEAR FISCAL IMPACT There is no additional fiscal impact as the Third Amended and Restated Operating Agreement continues to provide financial support and in-kind services which were included in the City's,adopted budget for FY 2 0�2 0- 21 for approximately $180,000 ($60,000 debt service payments, $40,000 repair and maintenance and $80,000 for utilities and fuel). ONGOING FISCAL IMPAC'I" This resolution approves a Third Amended and Restated Operating Agreement,with an opportunity for term extension of eighteen (18) months with performance measures met. Future financial support for the Living Coast Discovery Center will continue to be included in the City Manager's proposed budget each year for City Council consideration. Al"TACHMENTS 1. Third Amended and Restated Operating Agreement between the City and the Living Coast Discovery Center 2. Exhibit A- LCDC Land and Improvements 3. Exhibit B,- L,CDC Fauna Inventory Staff Contact: Tim Farmer, Parks and Recreation Administrator P 5 2020-07-28 Agenda Packet, Page 366 of 711 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CHOLA VISTA APPROVING THE THIRD AMENDED AND RESTATED OPERATING AGREEMENT BETWEEN TIME CITY AND LIVING COAST DISCOVERY CENTER TER WHEREAS, on October 1, 2014, the City of Chula Vista and the Living Coast discovery Center "LCDC") entered into an Amended and Restated Operating Agreement for a period of one (1) year, with an expiration date of December 31, 2015; and on. February 4, 2016 the City Manager extended the term to June 30, 2017 under the Article 3.2 of the Operating Agreement; WHEREAS, on July 1, 2017, the Parties entered into the Second Amended and Restated Operating Agreement for the term ending December 31, 2018; in June 2019 the City Manager extended the terra to June 30, 2020 under the Article 3.2 of the Operating Agreement; WHEREAS, in order to further extend the Operating Agreement, and to update certain. provisions thereof, the Turtles now desire to enter into this Third. Amendment and Restated Operating Agreement for an initial term. ending December 31, 2021, with an automatic term extension to June 30, 2023, conditioned upon performance measurements being met including: (a) a separate operational reserve fund established and funded for LCDC operations with a minimum unencumbered balance of $100,000; b established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues, c) maintained or augmented LCDC. Board membership; d) over a 1.2 month period, maintained LCDC general attendance equal to or greater than the previous 1.2 month period; and (e) complied with all material terms and conditions of this Third Amended Agreement; WHEREAS, the LCDC will continue to submit quarterly financial reports to the City; WHEREAS, the LCDC will contract with an independent audit firm to conduct an audit every other year at LCDC's cost; and WHEREAS, the audit will be completed, and a copy provided to the City of Chula Vista Finance Director no later than November 1 of the audit year. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Third ..Amended and Restated Operating Agreement between the City of Chula "Vista and Living Coast Discovery Center, 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 fora.by "racy:Lamb Glen :R.. Googins Director of Community Services City Attorney 2020-07-2 Agenda Packet, Page 367 of 711. DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB THIRD AMENDED AND RESTATED OPERATING AGREEMENT [Living Coast Discovery Center, Chula Vista] This THIRD AMENDED AND RESTATED OPERATING AGREEMENT [Living Coast Discovery Center, Chula Vista] ("Third Amended Agreement"), is entered into effective as of July 1, 2020 ("Effective Date"),by and between the CITY OF CMI. LA VISTA, a chartered municipal corporation ("City"'), and LIVING COAST DISCOVERY CENTER, a California non-profit corporation ("Operator"). Individually, the City and Operator may be referred to herein as "Party" and collectively as "Parties." This Third Amended Agreement is made with reference to the following facts: RECITALS A. The Chula Vista Nature Center ("CCV TC"') is a world-class zoological institution and attraction with hands-on exhibits and live animal displays, which emphasize the importance of natural coastal marsh resources and their delicate ecosystem balance. The CFTC is located at 1000 Gunpowder Point Drive, Chula Vista, CA on approximately 3.3 acres of land ("Nature Center Land"') on Gunpowder Point within the Sweetwater Marsh National Wildlife Refuge on land owned by the U.S. Fish and Wildlife Service("USFWS"'). B. The CFTC was opened to the public in July of 1987. Initially,the C was operated by the Bayfront Conservancy Trust("BCT"), a nonprofit corporation formed for that purpose. Thereafter, the City, Redevelopment Agency and the BCT oversaw significant improvements to the CC CC. The City ultimately assumed direct control of the CVNC, and in 2002 the City created an official Nature Center department to manage CFTC operations. C. The Operator was initially formed as The Environmental Legacy Fund, a California no profit corporation qualified as a tax exempt public charity for purposes of assisting with fundraising for CVNC operations and to organize and support volunteer efforts at the facility. On or about June 16, 1997, the Operator changed its name to the Chula Vista Nature Center Foundation, and the in 2012 changed its name, and the name of the CVNC to the Living Coast Discovery Center(the "LCDC"). D. On April 28, 2009, the City Council authorized City staff to pursue a public-private partnership and operating Agreement with the Operator for the operation and management of the LCDC, along with two conceptual funding plans as a basis for negotiations. E. After a series of meetings, negotiations and interim agreements, effective February 6, 2010. the Parties agreed on the terms and conditions for the initial grant by City and Redevelopment Agency to Operator of a license to manage and control LCDC operations, pursuant to a formal "operating Agreement." F. Since then, the Parties have agreed to modify and/or extend the Operating Agreement as follows: (1) On or about November 23, 2010, the Parties agreed to amend the Operating 1, 2020-07-28 Agenda Packet, Page 368 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB Agreement in order to extend the term until June 30, 20,12; (2), Effective July 1, 2012 the Parties entered into a new Operating Agreement for a period of I year, ending June 30, 2013; (3)On June 11,2013, the Parties entered into that certain First Amendment to extend the Operating Agreement until June 30, 2014; (4), on or about June 19', 2014 the City Manager agreed to extend the Operating Agreement until September 30,2014; On October 1, 2014, the Parties entered into that certain Amended and Restated Operating Agreement for the term ending December 31, 2015; and on February 4, 2016 the City Manager extended the term to June 30, 2017 under the Article 3.2 of the Operating Agreement; (5) On July 1, 2017, the Parties entered into the Second Amended and Restated Operating Agreement for the term ending December 31, 2018; in June 2019 the City Manager extended the term to June 30, 2020 under the Article 3.2 of the Operating Agreement. G. In order to further extend the Operating Agreement, and to update certain provisions thereof,the Parties now desire to enter into this Third Amendment and Restated Operating Agreement. NOW, THEREFORE, in consideration of the above Recitals, the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which the Parties hereby acknowledge, the Parties hereby agree as follows: ARTICLE 1, GRANT OF LICENSE 1.1. Grant of License for Nature Center Operations. As of the Effective Date, and subject to the various terms and conditions of this Third Amended Agreement, City hereby grants to Operator the exclusive license to operate the LCDC (the "LCDC License"). Except as otherwise expressly provided herein and/or to the extent necessary for City to perform and satisfy its obligations under this Third Amended Agreement, the LCDC License shall include exclusive access to,possession of, and control over the following LCDC assets and programs: a. Land and Iii prove mtints. Operator shall have exclusive access to and control over the Nature Center Land and improvements thereon used in the operation of the LCDC (collectively, the "LC. C Land and Improvements"). A description of the LC DC Land and Improvements is attached hereto as Exhibit A. Operator's use and control of the LCDC Land and Improvements, shall be subject to any and all (1) City reserved rights expressly provided for in this Third Amended Agreement; and (2) leases, easements, liens,restrictions and requirements existing with respect thereto as,of the Effective Date (collectively, the "LCDC. Requirements"). b. Man,a,gem,ent of Da to Da o erations. Except as otherwise specifically provided herein, Operator shall have exclusive authority, responsibility and control, over the day to day operations of the LCDC including, without limitation, the following matters: (1) Hours of Operation; (2) Staffing Levels: (3) Hiring, supervision., and termination of employees and volunteers; (4) Marketing; (5) Admissions Rates and Policies; (6) Fundraising; (7) Educational Programs-, (8) Custodial. Maintenance of the Land and Improvements, and other maintenance not expressly assumed by City as provided in 2 2020-07-28 Agenda Packet, Page 369 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB Section 6.2., below; (9) Gift Store Operations; (10) Third-party use of LCDC facilities; (11)Food Service; (12)Concessions; (13)Third-party contracts for supplies or services; (14) Presentation, standards of care and disposition of LCDC Wildlife-, (15) Arrangement,, Modification and Construction of Exhibits; and (16) modification of LCDC Permits and Contracts. i. Marketing. Any and all marketing and advertising activities for the Living Coast Discovery Center shall contain an addition to the logo, as either a"Logo Descriptor" or"Tagline,"with the words "at Chula Vista". c. City Assignment of Use Rights to LCDC Land and Improvements. To the extent necessary or appropriate for the operation of the LCDC by Operator,City hereby assigns to Operator respective rights to (1) use of the LCDC Land and Improvements, (2) the LCDC Permits and Contracts, and (3) the LCDC Wildlife (collectively, the "LCDC Assets"). Notwithstanding the foregoing, City shall retain a residual interest in and/or ownership of, as the case may be, the underlying rights and title to the LCDC Assets (excluding the LCDC. fauna) such that upon the expiration or other termination of this Third Amended Agreement, unless otherwise agreed between the parties, total ownership and control of the LCDC.Assets (excluding the LCDC fauna) shall revert to the City. ARTICLE 11. TRANSFER OF TITLE OF TANGIBLE ASSETS 2.1 Wildlife (Flora and Fauna). Operator shall have exclusive possession and control over any and all flora and fauna(the ownership of such fauna has been previously transferred to the Operator,, pursuant to the February 6, 2010 Operating Agreement) located at the LCDC as of the Effective Date ("LCDC Wildlife"); such possession and control shall include, without limitation,the exclusive right and authority to sell,transfer,trade, loan or otherwise dispose of the LCDC Wildlife in Operator's sole discretion and consistent with practices of the National Association of Zoos and Aquariums as same may be updated from time to time. Notwithstanding the foregoing, prior to any determination that any of the fauna shall be euthanized for reasons other than terminal illness or injury, the Operator shall inform the City in writing of its intention to do so and provide the City with the option to refer the care of fauna to another agency. Funds, for such disposition and transfer for care to other agency shall be drawn from the Contingency Fund identified in Article IV, Section 4.3. 2.2 Fixtures, Furnishings, Equipment and Supplies. Operator shall have exclusive possession and control over all fixtures, fumishings, inventory, office and maintenance equipment and supplies("LCDC FF&E")that were transferred from the City to the Operator pursuant to the February 6, 2010 Operating Agreement between the City and the Nature Center Foundation, including the vehicles transferred from the City to the Operator on June 61 2015. ARTICLE 111. TERM OF AGREEMENT 3 2020-07-28 Agenda Packet, Page 370 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB 3.1 Term. The initial term of this Third Amended Agreement ("Initial. Term") shall commence on the Effective Date and shall expire on December 31, 2021 ("Expiration Date"'), unless earlier terminated pursuant to ARTICLE X, herein. 3.2 Extension of Term. Operator shall be entitled to an automatic extension of the Initial Term until June 30, 2023 (the "Extended Term"') if, prior to the expiration of the Initial Term, Operator demonstrates to the City Manager, acting in his/her sole discretion, that Operator has, since the Effective Date: (a), established and funded a separate operational reserve fund for LCDC operations with a minimum unencumbered balance of$100,0001; (b) established and documented 27 new partnerships, collaborations, and/or programs that increase, in the aggregate, LCDC net revenues; (c) maintained or augmented LCDC Board membership; (d) over a 12 month period, maintained LCDC general attendance equal to or greater than the previous 12 month period; and (e) complied with all material terms and conditions of this Third Amended Agreement. The Initial Term may also be extended by mutual written agreement of the Parties. ARTICLE IV. FUNDING AND USE OF REVENUE 4.1 LCDC Revenues. Any and all revenues generated through LCDC operations and/or fundraising ("LCDC Revenue)" during the Term shall be retained by Operator and solely applied to LCDC operational costs, and/or development. 4.2 Operator Management and Funding. During the Initial Term or any extension thereof, the Operator shall manage and finance all of the LCDC operations in a manner consistent with and that fully satisfies Operator's obligations under the terms of this Third Amended Agreement. In the event that LCDC Revenue is insufficient by itself to cover the operation of the LCDC under this Third Amended Agreement, the Operator shall be responsible for funding any operational deficit out of its own funds. 4.3, Operator's Special Reserve for Disposition of Fauna. Operator shall maintain throughout the Term of this Third Amended Agreement a special contingency reserve account in the minimum amount of$10,000. This account shall be dedicated exclusively towards funding any and all activities Operator deems, necessary for the transfer, or other appropriate disposition, of the LCDC fauna to the extent such disposition becomes necessary pursuant to the terms,of Article X hereof. Operator shall not withdraw funds from the contingency reserve account for any purpose other than that identified above and shall obtain prior written consent from the City to withdraw such funds. An inventory of the LCDC fauna at the LCDC as of the Effective Date is attached hereto as Exhibit "B". Operator agrees to update this Exhibit and provide a copy to City from time to time, as warranted, no less frequently than every 12 months. 0 4.4 Joint Fundraising Efforts. The Parties agree to exercise their combined best efforts to solicit and secure additional funding to support LCDC operations and development. Fundraising efforts shall be coordinated through Operator's Director of Development pursuant to Operator's approved fundraising plans and policies. 4 2020-07-28 Agenda Packet, Page 371 0f 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB ARTICLE V ADDITIONAL OPERATOR COVENANTS 5.1 Use Covenant. During the Initial Term and any mutually agreed upon extension thereof, Operator covenants and agrees for itself, and its successors and assigns, that Operator shall operate the LCDC as a zoological institution and attraction with hands-,on exhibits and live animal displays, which emphasize the importance of natural coastal marsh resources and their delicate ecosystem balance. To the extent practical, and to the extent consistent with of the LCDC Requirements and the LCDC Permits and Contracts, Operator shall also operate the LCDC consistent with the standards established by the National Association of Zoos and Aquariums as same may be updated from time to time (collectively, the "Nature Center Use"). Without City's prior written approval, Operator shall not seek entitlements or permits for the operation or redevelopment of the LCD�C property for other than the Nature Center Use. Operator shall conduct the Nature Center Use in compliance with any and all applicable federal, state and local laws and regulations and the LCDC Permits and Contracts and consistent with the purpose of the LCDC License. 5.2 Operator's Non Profit Status and Management Ownership Structure. During the Initial Term of this Third Amended Agreement(and thereafter if extended),unless otherwise approved by the City, the Operator shall continue to operate as a California non profit corporation that is qualified as a tax exempt public charity pursuant to Internal Revenue Code Section 501(c)�(3) and California Revenue and Taxation Code Section 23701d. City shall have the right to appoint one (1) Director to Operator's Board whenever the Board is comprise of fifteen (1.5) Directors or less, and two (2) Directors whenever the Board is comprised of sixteen (1 6) Directors or more; provided however, City agrees not to exercise its appointment right(s) hereunder in any manner that triggers application of the Ralph M. Brown Act to Operator's Board meetings. 5.3, City Access for Special Events, Operator shall grant City free access to and use of LCDC facilities for up to sixteen(16) separate events (including meetings)per calendar year. City events shall be scheduled in accordance with Operator's normal scheduling procedures so as not to interfere with normal LCDC operations or other scheduled events. Events shall be for a maximum of one day each. Operator shall waive its standard facility charges for City events covered by this, Section, but reserves the right to charge for any special services provided or costs incurred (for example, staff overtime or charges for extended bus service hours). 5.4 Admissions. Operator shall provide City with fifty (50) admission passes per year for use by City in any manner consistent with City policies and law. 5.5 No Modifications Without City Approval. Operator shall not make any modifications to the LCDC Improvements without City's prior written approval, which such approval shall not be unreasonably withheld or delayed. This shall include even minor modifications (e.g., sink faucets) as such modifications can raise issues with ongoing maintenance. Any modifications to the LCDC Improvements exceeding $10,000 in cost (excluding the installation or removal of temporary exhibits) shall require City's prior written approval, which such approval may be granted or denied in City's sole discretion. 5 2020-07-28 Agenda Packet, Page 372 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB ARTICLE VI. ADDITIONAL CITY COVENANTS 6.1 Approvals of Other Agencies. City has obtained any and all approvals from the applicable governing authorities or contracting parties that are necessary or appropriate to allow Operator's use of the LCDC Permits and Contracts. a. City's ir al ure to Obtain Approval of Related Agencies. Int event that after City's good faith efforts to obtain approvals of Related Agencies for the transfer of City obligations with respect to the LCDC,which failure would subject the City to financial or other liability, this contract shall be deemed invalid, and the Parties shall reenter good faith negotiations to establish a method to accomplish the goals of this Third Amended Agreement. 6.2 City "In-Kind" Services and Supplies. City agrees to provide certain "in-kind" services and supplies to Operator to assist with LCDC operations during the Initial Term either at no cost or at an agreed upon rate of reimbursement. A list of such services and supplies, corresponding reimbursement rate(s), if any, standards of performance, and schedules for delivery, is attached hereto as Exhibit C. Additional "in kind" services not listed may be provided by City on terms to be negotiated. 6.3 Compliance with Permits and Contracts. City shall take no action with respect to the LCDC Permits, and Contracts that would cause any violation thereof or default thereunder, or that would cause the LCDC to lose its accreditation with the American Association of Museums. City shall immediately notify Operator in writing of any notice of violation or default under any LCDC permit or contract, with sufficient notice to allow Operator to take the necessary steps to cure same. 6.4 Deferred Maintenance Items. Parties agree to ongoing discussions regarding the condition of the LCDC improvements, and those items of Deferred Maintenance agreed to by the Parties shall be included in the City's Capital Improvement Program, as same may be updated from time to time (the "Deferred Maintenance Work"). It intends to implement Deferred Maintenance Work as funding allows and following consideration of City priorities, as determined in City's sole discretion. Any such work implemented by the City shall,be done in accordance with industry standards and shall be subject to Operator's prior reasonable approval and acceptance. 6.5 Payment of Debt Service on LCDC Improvements. City shall continue to pay debt service to Bank of New York to finance amounts loaned to City for construction of certain of the LCDC Improvements, and shall strictly comply with any and all covenants and agreements entered into in connection therewith. 6.6 Payment of Utilities and Shuttle Bus Fuel. Upon receipt of utility bills for electric, water, propane and telecommunications, City shall remit payment for such utilities directly to the utility operator in the amount of the invoice for the utility services used for the operation and maintenance of the LCDC. during the term of this Agreement. In addition, City shall 6 2020-07-28 Agenda Packet, Page 373 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB pay for Shuttle Bus fuel costs. Operator shall be responsible for all other utility costs, including propane gas and water removal. City's commitment to pay Utilities and Shuttle Bus fuel costs as provided in this Section shall not exceed $80,608 per year (``Maximum Payment Amount"). Anycosts/expenses in excess of this Maximum Payment Amount shall be the obligation of Operator. Once the City has met its commitment, it shall bill Operator ora costs and expenses that exceed the Maximum Payment amount, Operator shall remit payment in full to the City, within 30 days of the City submitting its invoice to Operator for such costs and expenses. ARTICLE VII. INSURANCE 7.1 Insurance. Operator's Obligation. Prior to the execution of this Third Amended Agreement, Operator shall (i), obtain, and upon the City"s request provide to the City, insurance certificates reflecting evidence of all insurance required in Section 7.1(a); (ii) obtain City approval of each company or companies; and (iii) confirm that all policies contain the specific provisions required by section 7.1 a. Tv-pes, of Insurance. At all times during the term of this Third Amended Agreement, Operator shall maintain insurance coverage as follows: i. Commercial General Liability. Operator shall provide at its expense a policy or policies of Commercial General Liability [CC L] Insurance written on an ISO Occurrence form CG 00 01 07 98 or an equivalent form providing coverage at least as broad and which shall cover liability including, personal injury and advertising injury, bodily injury, property damage, and liability assumed under an insured's contract(including the tort liability of another assumed in a business contract).There shall,be no endorsement or modification of the CGL Insurance limiting the scope of coverage for either "insured vs. insured" claims or contractual liability. Operator shall,maintain the same or equivalent CGL Insurance as described herein for at least ten(10) years following termination of this Third Amended Agreement.All costs of defense shall be outside the policy limits. The Policy shall provide for coverage in amounts not less than three million dollars($3,000,000),general aggregate limit, one million ($1,000,000) per occurrence for Bodily Injury, Personal Injury, or Property Damage, and five hundred thousand ($500,,000) sublimit for "DL amage to Rented Premises," one million ($1.,000,000) of liquor liability coverage, and a $5 million excess liability policy; ii. Commercial Automobile Liability. For all of Operator's automobiles used in conjunction with the Project including owned, hired and non-owned automobiles, Operator shall keep in full force and effect, a policy or policies of Commercial Automobile Liability Insurance written on. an ISO form CA 00 01 12 90 or a later version of this form or equivalent form providing coverage at least as broad in the amount of one million dollars ($1,000,000) combined single limit per occurrence, covering 'bodily injury and property damage for owned, non-owned and hired automobiles ["Any Auto"]. All costs of defense shall, be outside the policy. 7 2020-07-28 Agenda Packet, Page 374 of 711 DocuBigin Envelope ID:9417 5419-3AAg-469+ - 708-160BO7DFDDAB iii. Excess Liability operator shall provide Excess Liability Insurance affording three million dollars ,000,000 or any other amount agree to and approved by the City's Disk Management Department, in excess of General liability and Employer's Liability limits afforded on primary policies. The coverage will be subject to the same terms, conditions, and exclusions found in the primary policies. iii. worker's Compensation. For all of operator's employees who are subj ect to this Third Amended Agreement and to the extent required by the State of California, Operator shall keep in full force and effect, a workers'Compensation Insurance and Employers' Liability Insurance to protect operator against all claims under applicable state workers' compensation laws. The City, its elected officials, and employees will not be responsible for any claims in law or equity occasioned by the failure of the operator to comply with the requirements of this section. That policy shall provide at least the statutory minimums of one million l,o�oo,000) for Bodily Injury by Accident for each accident, one million dollars ($1,000,000) for Bodily Injury by Disease each employee, and a one million dollars 1,0�00,000) for Bodily Injury by Disease policy limit. A. Prier to the execution of the Third Amended Agreement by the City,the operator shall file the following signed certification: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance, in accordance with the provisions of that code, and. I will comply with such provisions before commencing the performance of the work of the Contract."' b. R.atin Ike uirements. Except for State Compensation Insurance Fund, all insurance required by express provision of this Third emended Agreement t shall be carried only by companies that have been given at least an "A" or "A " and responsible Insurance comp "V"rating by AM.BEST, that are authorized by the California Insurance Commissioner to do business in the State of California, and that have been approved by the City; i. Non-Admitted Carriers. The City will accept insurance provided by non-admitted, "surplus lines" carriers only if the carrier is authorized to do business in the State of California and is included on the List of Eligible Surplus Lines Insurers [LESLI list] with a current AM BEST rating of no less than.A-X c. Endorsements Required. leach policy required under Section 7.3 ofthis Third Amended Agreement shall expressly provide, and an endorsement shall be submitted to the City, that: i. Additional insureds. Except as to Workers Compensation, the City and its respective elected officials, officers, employees, agents, and representatives shall be named as additional insureds. s 2020-07-2 Agenda Packet, Page 375 of 711. DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB ii. Primary and Non-Contributory. The policies are primary and non-contributing to any insurance or self-insurance that may be carried by the City of Chula Vista, its elected officials, officers, employees, agents, and representatives with respect to operations,including the completed operations if appropriate,of the Named Insured. Any insurance maintained by the City of Chula Vista and its elected officials, officers, employees, agents, and representatives shall be in excess of Operator's insurance and shall not contribute to it. iii. Waiver of Subrogation. Operator'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 Third Amended Agreement. iv. Written Notice. Except as provided for under California law, the policies cannot be canceled, non-renewed or materially changed except after thirty (30), calendar days prior written notice by Operator to the City by certified mail, as reflected in an endorsement which shall be submitted to the City,, except for non-payment of premium, in which case ten (1.0) Calendar Days"notice shall be provided. A. 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. Additional Insurance. Operator may obtain additional insurance not required by this Third Amended Agreement. If the contractor maintains higher limits than the minimums shown above,, the Entity requires and shall be entitled to coverage for the higher limits maintained by the contractor. Deductibles/Self Insured Retentions. All deductibles and self-insurance retentions on any policy shall be the responsibility of Operator. Deductibles and self-insurance retentions shall be disclosed to and approved by the City at the time the evidence of insurance is provided. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Operator shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. e. Policy Changes. Operator shall not modify any policy or endorsement thereto which increases the City's exposure to loss for the duration of this Third Amended Agreement. f. Reservationof Di hts. The City reserves the right, from time to time, to review the f Operator's insurance coverage, limits, deductible and self-insured retentions to determine if they are acceptable to the City. g. Not a Limitation of Other Oblig,ations.. Insurance provisions under this section shall not be construed to limit the Operator's obligations under this Third Amended Agreement, including Indemnity. 9 2020-07-28 Agenda Packet, Page 376 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB h. 'Material Breach. Failure to maintain,renew, or provide evidence of renewal during the term of this Third Amended Agreement may be treated by the City as a material breach of contract. 7.2 Insurance—City's Obligation. a. Self Insure: City is self-insured and will provide evidence to the extent requested by the Operator. ARTICLE VIII. INDEMNITY 8.1 Indemnity Defense and Hold Harmless. To the maximum extent allowed by law,Operator shall defend,,indemnify,protect and hold harmless the City its elected and appointed officers, employees, volunteers, and agents (collectively "Indemnified Parties"), 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 Operator, its officials, officers, employees, agents, and contractors, arising out of or in connection with the operation of LCDC. This indemnity provision does not include any claims,,damages, liability,costs and expenses(including without limitations, attorneys' fees) arising from the sole negligence or sole willful misconduct of one or more of the Indemnified Parties. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the Indemnified Parties,which may be in combination with the active or passive negligent acts or omissions of the Operator, its employees, agents or officers, or any third party. 8.2 Costs of Defense and Award. Included in the obligations in Section 8.1 is the Operator's obligation to defend, at Operator's own cost, expense and risk, any and all aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against the Indemnified Parties. Operator shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnified Parties, for any and all legal expense and cost incurred by each of them in connection therewith. 8.3 Insurance Proceeds. Operator's obligation to indemnify shall,not be restricted to insurance proceeds, if any, received by the Indemnified Parties. 8.4 Enforcement Costs. Operator agrees to pay any and all costs Indemnified Parties incur enforcing the indemnity and defense provisions set forth in this Article VIII. 8.5 City's Indemnity Obligation. City shall. have reciprocal. obligations to defend, indemnify and hold Operator, its officers, employees, and agents harmless with respect to claims, damages, liability, costs and expenses (including without limitation, attorneys"fees) arising from the sole negligence or sole willful misconduct of the Indemnified Parties), including the related obligations contained in Sections 8.2 through 8.4. 10 2020-07-28 Agenda Packet, Page 377 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB 8.6 Survival. A Party's obligations under this Article VIII shall survive the termination of this Third Amended Agreement. ARTICLE IX. REPORTING 9.1 Periodic Reports and Meetings. Operator shall provide City with quarterly periodic financial reports and shall meet and confer with City staff from time to time to review operational issues not specifically addressed by this Third Amended Agreement. In the event that Operator anticipates an operating deficit that may affect the continued operation of the LD , Operator shall immediately arrange to meet and confer with the City to determine how such deficits may be appropriately addressed. 9.2 Accounting Requirements and Financial Reports. a. Books and Records. At all times during the term, Operator shall maintain full and adequate records and accounts for any and all LCDC revenues and expenditures in a manner that complies with Generally Accepted Accounting Principles. Such records, and any and all related ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents shall be made available to the City, or its,designees,,upon five(5)days prior written notice. City to keep all donors and grant information confidential. Operator shall provide such assistance as may be reasonably required in the course of such inspection. The City further reserves the right to examine and re-examine said books, records and data during the four (4) year period following termination of this Third Amended Agreement or completion of all work hereunder, and Operator shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever during that time period b. Financial I .e. orfs. Commencing on March 1, and quarterly thereafter, Operator shall provide City with a report of its financial condition in a form reason aly satisfactory to the City's Finance Director. The reports should include Profit and Loss Statement, Balance Sheet and Statement of Cash Flows. The quarterly financial reports should include year-to- date information for the quarters ending on September 30,December 3 1,March 31 and June 30 of each fiscal year. In addition, Operator shall notify the City manager within thirty(30) days of the occurrence of any event that has or is expected to have a material impact on LCDC operations or Operator's financial condition. c. Required Audits. Every other fiscal year,Operator shall engage an independent,licensed, certified public accountant, reasonably approved by City to conduct a financial audit of Operator's books and records. The audit shall.be prepared at operator's cost and provided to City by no later than November I of the audit year. ARTICLE X. TERMINATION 10.1. Termination for Breach. Either party may terminate this Third Amended Agreement earlier than the natural expiration date if the other party has materially defaulted in its obligations H 2020-07-28 Agenda Packet, Page 378 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB and the terminating party has provided the defaulting party with written notification of such determination,and the defaulting party has refused to cure the default within thirty(30)days of such notice. If the default is such that the cure will require longer than 30 days,the time for cure will be extended for the period of time reasonably necessary to complete the required work, provided, however, the defaulting party must promptly begin the required cure and diligently prosecutes same to completion. 10.2 Natural Termination of this Agreement. In the event that either party elects not to extend this Third Amended Agreement past the Initial Term, upon thirty (30) days written notice from City, Operator, at its sole cost, shall take all necessary and appropriate steps necessary to transfer LCIBC fauna to another qualified institution for continued care and maintenance. LCDC fauna that Operator determines cannot reasonably be tramferred shall be otherwise disposed of as Operator deems appropriate and in a manner that is consistent with industry standards,provided, however, in no event shall Operator euthanize any animals, unless and until the Operator has informed the City in writing of its, intention to do so and provided the City with the option of taking control of the care thereof. Title to LCDC FF&E transferred from the City to Operator pursuant to the February 6, 2010 Operating Agreement shall be transferred back to the City. 10.3 Injunctive Relief. If the Operator commits a breach or actions that suggest an anticipatory breach of any of the covenants contained in this Third Amended Agreement, and such occurrence or actions remain uncorrected for a period of thirty(30) days or more following written notice describing such breach, City and its successors and assigns, without regard to whether City or its successors, and assigns are an owner of any land or interest therein to which these covenants relate,may institute and prosecute any proceedings at law or in equity to abate, prevent or enjoin any such violation or attempted violation or to compel, specific performance by Operator of its obligations hereunder. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of any party entitled to enforce the provisions hereof or to obtain relief against or recover for the continuation or repetition of such breach or violations or any similar breach or violation hereof at any later time. a. Additional Time for Cure. In the event that the breach cannot be cured within the 30 day timetrame identified above, Operator shall immediately notify City in writing of its inability to cure, describing the reason for the inability to cure, and provide a date by which the cure shall be accomplished. If the City deems such explanation of the delay reasonable, it shall provide Operator with additional time to cure such breach and a second notice with the date by which the cure shall be accomplished. 10.4 Additional Remedies. In addition to the termination rights contained in. Sections 10.1, 10.2, and 10.3 hereof, City and Operator shall each have any other remedies available at law, equity, or other proper proceedings. ARTICLE XI. NOTICE 12 2020-07-28 Agenda Packet, Page 379 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB 11.1 Notices. Unless otherwise specifically permitted by this Third Amended Agreement, all notices or other communications required or permitted under this Third Amended Agreement shall be in writing, and shall be personally delivered; sent by registered or certified mail, postage prepaid, return receipt requested; or sent by facsimile, provided that the telecopy cover sheet contain a notation of the date and time of transmission, and shall be deemed received: (a) if personally delivered, upon the date of delivery to the address of the person to receive such notice, (b), if mailed in accordance with the provisions of this paragraph,two(2)business days after the date placed in the United States mail, (c)if mailed other than in accordance with the provisions of this paragraph or mailed from outside the United States, upon the date of delivery to the address of the person to receive such notice, or (d) if given by facsimile during business hours when delivered can be confirmed, when delivered. Notices shall be given at the following addresses: If to City: The City of Chula Vista Attn: City Manager 276 Fourth Avenue Chula Vista, CA 91910 Fax: (619) 409-5884 With a copy to: City Attorney [same address] If to OPERATOR: Living Coast Discovery Center Attn: Executive Director 1000 Gunpowder Point Drive Chula Vista, CA 91910-1201 Fax: (619) 409-5910 With Copy to: William L. Fischbeck, Esq. Fischbeck & Obemdorfer 5464 Grossmont Center Drive, Suite 3,00 La Mesa, CA 91942 Fax: (619) 464-6471 ARTICLE X11. MISCELLANEOUS PROVISIONS 12.1 Headings. All article headings are for convenience only and shall not affect the interpretation of this Third Amended Agreement. 12.2 Gender& Number. Whenever the context requires, the use herein of(i)the neuter gender includes the masculine and the feminine genders and (ii) the singular number includes the plural number. 13 2020-07-28 Agenda Packet, Page 380 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB 12.3 Reference to Paragraphs. Each reference in this Third Amended Agreement to a section refers, unless otherwise stated, to a section in this Third Amended Agreement. 12.E Incorporation of Recitals. All recitals herein are incorporated into this Third Amended Agreement and are made a part hereof 12.5 Covenants and Conditions. All provisions of this Third Amended Agreement expressed as either covenants or conditions on the part of the City or the Operator, shall be deemed to be both covenants and conditions. 12.6 Integration. This Third Amended Agreement and the Exhibits and references incorporated into this Third Amended Agreement fully express all understandings of the Parties concerning the matters covered in this Third Amended Agreement. No change, alteration or modification of the terms or conditions of this Third Amended Agreement, and no verbal understanding of the Parties, their officers, agents, or employees shall be valid unless made in the form of a written change agreed to in writing by both Parties or an amendment to this Third Amended Agreement agreed to by both Parties.All prior negotiations and agreements are merged into this Third Amended Agreement. 12.7 Severability. If any portion of this Third Amended Agreement shall be held by a court of competent jurisdiction to be invalid, void or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law if enforcement would not frustrate the overall intent of the parties as such intent is manifested by all provisions of the Third Amended Agreement, including such invalid, void or otherwise unenforceable portion). 12.8 Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Third Amended Agreement, and the decision of whether or not to seek advice of counsel with respect to this Third Amended Agreement is a decision which is the sole responsibility of each Party. This Third Amended Agreement shall not be construed in favor of or against either party by reason of the extent to which each Party participated in the drafting of the Third Amended Agreement. 12.9 Conflicts Between Terms. If an apparent conflict or inconsistency exists between the main body of this Third Amended Agreement and the Exhibits, the main body of this Third Amended Agreement shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this Third Amended Agreement, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main. body of this Third Amended Agreement, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this Third Amended Agreement. 12.10 Prompt Performance. Time is of the essence of each covenant and condition set forth in this Third Amended Agreement. 14 2020-07-28 Agenda Packet, Page 3 8,1 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB 12.11 Good Faith Performance. The parties shall cooperate with each other in good faith, and assist each other in the performance of the provisions of this Third Amended Agreement. 12.12 Further Assurances. City and Operator each agree to execute and deliver such additional documents as may be required to effectuate the purposes of this Third Amended Agreement. 12.13 Exhibits.Each of the following Exhibits is attached hereto and incorporated herein by this reference: Exhibit A—ICD C Land and Improvements Exhibit B - LCDC Fauna Inventory Exhibit C—City"In-Kind"' Services 12.14 Conflict of Interest. a. No member, official or employee of City or Operator shall have any personal interest, direct or indirect, in this Third Amended Agreement, nor shall any such member, official or employee participate in any decision relating to the Third Amended Agreement which affects his or her personal interests, those of his/her immediate family, or the interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested. b. Operator warrants that it has not paid or given, and will not pay or give, any third person any money or other consideration for obtaining this Third Amended Agreement. 12.15 Non-liability of City Officials,and Employees. No member,official or employee of City shall be personally liable to Operator or any successor in interest in the event of any default or breach by City or for any promise which may become due to Operator or successor or on any obligation under the terms, of this Third Amended Agreement. 12.16 Compliance with Law. City and Operator agree to comply with all the requirements now in force, or which may hereafter be in force, of all municipal, county, state and federal authorities, pertaining to the ownership and operation of the LC all improvements constructed thereon and all operations conducted thereon. 12.17 Jurisdiction and Venue. The venue for any suit or proceeding concerning this Third Amended Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. 15 2020-07-28 Agenda Packet, Page 3 8,2 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB 12.18 Municipal Powers. Nothing contained in this Third Amended Agreement shall be construed as a limitation upon the powers of the City as a chartered city of the State of California. 12.19 Attorneys' Fees. Should any litigation (including any proceedings in a bankruptcy) or arbitration be commenced between the parties hereto or their representatives concerning any provision of this Third Amended Agreement or the rights and duties of any person or entity hereunder, the party or parties prevailing in such litigation or arbitration shall be entitled, in addition to such other relief as may be granted, to the attorneys' fees and court or arbitration costs incurred by reason of such litigation or arbitration,including attorneys' fees and experts' fees incurred in preparation for or investigation of any matter relating to such litigation or arbitration. 12.20 Administrative Claims Requirements and Procedures. No suit or arbitration shall be brought arising out of this Third Amended 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, Operator shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Third Amended Agreement. 12.21 No Third Party Beneficiaries. The parties to this Third Amended Agreement acknowledge and agree that the provisions of this Third Amended Agreement are for the sole benefit of City and Operator and not for the benefit, directly or indirectly, of any other person or entity, except as otherwise expressly provided herein. 12.22 Successors in Interest. This Third Amended Agreement and all rights and obligations created by this Third Amended Agreement shall be in force and effect whether or not any Parties to the Third Amended Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any Party's successor in interest. 12.23 No Partnership. Nothing contained in this Third Amended Agreement shall be deemed or construed to create a partnership,j oint venture or any other similar relationship between the parties hereto or cause City to be responsible in any way for the debts or obligations of Operator or any other person. 12.24 Approval. Except as otherwise expressly provide in this Third Amended Agreement, where the consent or approval of a Party is required or necessary under this Third Amended Agreement, the consent or approval shall not be unreasonably withheld. 12.25 Assignments. 16 2020-07-28 Agenda Packet, Page 3 8,3 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB a. City Approval Required. The qualifications and identity of the Operator are of particular concern to City. Operator recognizes that it is because of such qualifications and identity that City is entering into this Third Amended Agreement with Operator. Therefore, no voluntary or involuntary successor in interest of Operator shall acquire any rights or powers under this Third Amended Agreement except with the prior written approval of City in its sole discretion. Any purported assignment in violation of this Section shall be void. b. Permitted Transfers. Notwithstanding anything in this Third Amended Agreement to the contrary, Operator may, without the prior written approval of City, assign or otherwise transfer its interest in this Third Amended Agreement and its rights and powers under this Third Amended Agreement(a"Permitted Transfer") to any holding company, corporation, association or entity which is or becomes a parent, subsidiary or affiliate of Operator provided that Operator retains substantial management and control thereof, or to any successor of Operator by reason of change of name, merger, consolidation, reorganization, dissolution, lender acquisition or sale of Operator interests or assets, provided that, the transferee assumes the rights and powers of Operator under this Third Amended Agreement. 12.26 Condition Precedent. It is understood that as a condition precedent to any action to approve this Third Amended Agreement, City must consider and adopt the appropriate resolution. Said resolution must contain the findings required by law. City agrees to use due diligence in processing the matter to bearing before the City Council. 12.27 No Waiver. No failure of either Party to insist upon the strict perfor-mance by the other of any covenant, term or condition of this Third Amended Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant,term,or condition of this Third Amended Agreement, shall constitute a waiver of any such breach of such cover antl term or condition. No waiver of any breach shall affect or alter this, Third Amended Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. 12.28 Signing Authority. Each party represents that the persons executing this Third Amended Agreement on behalf thereof have full authority to do so and to bind such parties to perform pursuant to the terms and conditions of this Third Amended Agreement. Concurrently with Operator's submission of this Third Amended Agreement to the City for execution, Operator will submit to City a copy of documents evidencing the due formation and nature of Operator and the signatory's authority to sign on behalf of Operator. 12.29 Counterparts. This Third Amended Agreement may be signed in multiple counterparts with the same force and effect as if all original signatures appeared on one copy; and in the event this Third Amended Agreement is signed in counterparts, each counterpart shall be deemed an original and all of the counterparts shall be deemed to be one agreement. 17 2020-07-28 Agenda Packet, Page 3 8,4 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB [NE T PAGE IS SIGNATURE PAGE] 18 2020-07-28 Agenda Packet, Page 3 8,5 of 711 DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB SIGNATURE PAGE TO THIRD AMENDED AND RESTATED OPERATING AGREEMENT [Living Coast Discovery Center, Chula Vista] IN WITNESS WHEREOF, the parties have executed this Third Amended Agreement as of the date first set forth above. CITY-. THE CITY OF CHULA VISTA By: Mary Casillas Salas, Mayor Attest: APPROVED AS TO FORM: Kerry Bigelow, City Clerk Glen R Goo ins City Attorney OPERATOR, LIVING COAST DISCOVERY CENTER DocuiSigned by: By: A3EC3763FCEC4F8... Robert Kilpatrick, Board Chair e—DocuSigned by: bu& vAtkps By: '--2739AD0,006CE4C3... Ben Valle]as, Executive Director 19 2020-07-28 Agenda Packet, Page 3 8,6 of 711 DocuBigin Envelope ID:9417 5419-3AAg-469+ - 708-160BO7DFDDAB Exhibit "A" LCDC Land and Improvements [to be inserted] 2 2020-07-28 Agenda Packet, Page 387 of 711. DocuBigin Envelope ID:9417 5419-3AAg-469+ - 708-160BO7DFDDAB Exhibit.-"B" LCDC Fauna Inventor [to be inserted] 2 2020-07-28 Agenda Packet, Page 388 of 711. DocuBigin Envelope ID:9417 5419-3AAg-469+ - 708-160BO7DFDDAB Exhl. It- "C" City "In Kind" Services Maintenance of Facilities City, through its Public Works Department, at its sole cost, shall provide maintenance services an materials for LCDC facilities, infrastructure, built-in exhibits, and lifesupport equipment in order to beep such items in Operating condition in a manner commensurate with the provision Of such services and materials to Other City facilities,with a target Of maintaining the LCDC in accordance with industry standards for similar facilities Or better "Routine Maintenance"). City's obligations hereunder shall exclude the maintenance and repair work required for a temporary exhibits, (b) custodial maintenance and repair Of any and all exhibit exteriors, and exhibit contents; (c) the coded entrance gate; and d) any new improvements or facilities installed by Operator during the term except where Operator's installation and City's maintenance thereof is approved in writing by City in advance in accordance with Section 5.5 of the Third Amended Agreement. In addition to Routine Maintenance, City's obligations hereunder shall include the obligation. to repair or replace, as necessary, any failed infrastructure or life support equipment item. necessary for the full and lawful operation of the L,CDC and the preservation and exhibit of LCDC wildlife "Ivey Facility Repair or Replacement "). City commits to expending ups to 40,00+ annually in labor and materials toward Key Facility Repair or Replacement during the term of the Third Amended Agreement, with any additional City" funding subject to City" approval in its sole discretion. Operator shall be responsible, subject to City's prior reasonable approval, for any fey Facility Repair or Replacement work it decides is necessary above and. beyond City's commitment hereunder. With the exception of the Key Facility repair or Replacement obligation, the above described. services and standards may be subject to modification in the event City budget related issues materially affect the standards upon which such services are delivered to City's other facilities. Prior to implementing any such modifications in services, including any initial modification of service required below the standard of services existing as of the Effective Date, City agrees to provide Operator reasonable notice Of such change and to reasonably consider Operators input regarding same, with the shared objective of maintaining the highest possible LCI C physical appearance, condition and. functionality. Transit Services City shall be responsible for the cost of fuel for shuttle vehicles related to LCDC transit operations during the term of the Third Amended Agreement, subj ect to the Maximum Payment Amount. Operator shall be solely responsible for the provision of transit services at the center.. IT Services 22 2020-07-28 Agenda Packet, Page 38)of 711. DocuSign Envelope ID:94175419-3AAO-469C-A708-160BO 7C F D DAB City, through its ITS Department, at its sole cost, shall provide Operator support services for LCDC telecommunications and computing systems(excluding telephone and data transmission services provided by outside vendors or contractors) for all currently installed IT related systems at the LCDC.Any additional hardware/software needs (upgrades/replacement)will be charged to the LCDC at the cost to acquire such hardware/software if the ITS Department can accommodate the implementation of the hardware/software upgrades/replacement. The above described services may be subject to modification in the event City budget related issues materially affect the standards upon which such services are delivered to City's other facilities. Prior to implementing any modifications in services, including any initial modification of service required below the standard of services as the Effective Date, City agrees to provide Operator reasonable notice of such change. 6 CPR Training City shall continue to provide CPR training to LCDC employees and volunteers, but at the discounted rate of$1 O per trainee. 23 2020-07-28 Agenda Packet, Page 390 of 711 1 i► ` I r i i 1 J, 1711 I A � • it 64 P• AMMMINT AUNCY ar Yff CITY:DY O ULA VJ STA fah til f}econf a d, P he a n Q Moll Cr Th1 a Inetruman t To j # Reli'aomq'r AGiHGY OF TdJE; CITY 1)F QUtA Vf.iYA ,�i ty of ow'o Vi AtA LeLyt. t t W TWM A TAX MJ K ] ,hrmomor's PArceJL f WFIH T FOR M1ORR 1NTBTtPR); 116 CONV�lk NIP ` r I ---1��xc-r+'a.irl I r.-„.rl--r�..F�.--ter �-- .A I�,D. U L P I I T�yk I H.--.+..-.-=�.rr�,.*-"N A VA1� a G r COOTHRAT.YOU, row tv t ae 016h la huro y orffallIZ04 under the 10wo of tho State of C1111foelths haroby grants � r' to tho RV0VB Pj4PNT AUENCY OF W113 VTTY OF cWhA V161% bia antro** Mfflt, to b& uda :'or tha jJvYV004 $Pdalfb ad h6ea 1pi and no -ottior f f tipoij, ovor AWY mdroms the xen;L proporky jog4tva In tho City o1~ Cr{huh l} V100rs c�u�,nt• r lot 11101) #� ego r #.�+�t.Nttq of Ca l l ffor,.7�rli7a, �.rms ort Vater- r. �tt/iv}U.irarlY k+iyF,+io�+�ly+�U }�in Uyhlbiy�t Ah Ata6h&J WOW and 4rl�blalnd a11d � A I ThIS wqenont 19 urat)tdd 90101Y far tho coillstrvetionj, opayAf_ a t lOn t jA41AteWM0G_r ropy Grp ron#wh l m nd rar�Aaemejit from t 1MQ t1z.e Of a Ilnklaro Intarprablva Unt:qr open to tho b1I-V wilt nInIng pprox1 e1y ton a thovuml (10000)d00) vquitra feat. Lrr(dor roof,, fij � r )� p o ao ptoi) and IlIavy phrk1nPiallitfoot � ndoo4p� 1A f v$thin tato &eoa Am d: ddwef bed 1n Yx #bit A, its m7dition, tis eamient la grnuW for al- •Phase f dod Phase 2 on And QU-Nita• 9rt'd111'I w-DVJ% (Or aAfd NaturO MOVIYretiva CiDnWj 1 n0littilr1l, but flat 1101 toll Wr a ff-ai1i.0 -dra f nA(jd and Ut11 tty faolxitf4© r4auirad to ai)rva the ubjeat Center projoat ahoy” on 1#xhik�f t f0* attotubad 11RraW 100 inoorparated hare1n by rofnie tloa f 06-59 throdgli and ind3ittl#ng 06.64 Toy 1 s*d Aprt1 2$t J06o To 4M i tion to tha above-orn Fo mnead ons-agent.) aeiin evv 1ta d cjehn to W t7rankeo a l Laen.66 aver find aaraim tato land hate ini6 tte r aevartbaJ for vefi 1dulits' and podukr�riari INgraos and 60091 to aril . front tbo ftattsry rnteepeat vo calltav iol-I , GrAntor also cjfomwa ft l ieonoa to uriiataa for tho 1MIrp6iffo 04 Instd11lrlu a qat&r i f o$ to aerve tht Nature rpt r t dontav Olt#/ the nnWra and typa of- gh1elt to ba by arrtntea, (Irantor ffhal1 him tba rtgbt: to rjalog4to oa$4 ipaoAav and wat0r line 1h tha laVont that Oafd � oil t r a a � + i r t i ■ } i 1 i 1 to f 77 r } # 1 1 i z t a 2020-07-2 Agenda Packet, Page 391 of 711. i r i I i e r: L i r - 4 1 1634 ' aacann Aa hater i i na obn�runo pr $ntorfarou with 010 devololimont 9f a0ja0ant afld/Or U94iOrrlYiAP PVOPOrtY 0"Od by thtr armtor, pm,- I Vidgd rji4t raaoinpahlQ a1tarrtat1Y0 aaaa�s gftd vah4r Jlne r«'a,iava� OJI or6 tharaAftqr Allowed to aid jo t� ��h��0������+��s -Contort���X���� t��� Th Er aQe t at MOV f ng VhQ va-tor j i o � H,atu-r4 j itrrprrat ive Contq r phnllr bO t0leARea l t t ra3 ter } -and 10rantoe, Gr4nor fu r.•t.trar grantu to GrantOD A JlgeAuO W r • X16 a 1 I)xil.i ty lines thaL Gran tua maY raqulra For lhv Hatura s Tnt0 pr.otjv.q Contac situ, t ,Vha itnjt j?(1 ioaatiohn of tho Aova-rate re-nond 11danffaa (Or t :�:eadw.dy and ut/i Litt' linea #n An j3au1gmat-od an Cxhjbtr 0 ?tMiQ Rd � hQrato and inCorPOedtad b*rain by rvcaxamoa' } t'flttt # a � ti � eauement and i 1fi,QriOe? acjreOa t!0 F ;t?sa �� L irraotlnify, 41af9J7?1 and holo hM .an0 arliiXnq from gat;jonu of Grantre or ItV i ani nrract r �r Pie&0nm 11n in9f !V t.1iting 'Anf) In tranol t to or Evan 01CAnt:a4 i-a -VAv1,11tiorF ovor tha proparty 40avribe 3 in i r 2) gr4ig-e-o shall, prior to t ooginnlno ?my geAclinq or oth0r ; work a ar rolatOd tO wnntruat#on of tha 114var xatt� x t+� e caar.Qir pro gatjrim;Ull unnd b�ivff at thD limitO ok qra ntj vFj Opvn Qn city of Ch%jja ViRta p14)j 1108, jRttar0Wgb and it i1jj .411d clearly 000d an the 4gxaundl by � �a�iat�xa� ����� )ny increr A�+tiaor#.zQd to Practice land ury i a 1 i OOnsn a Bold mi y0yol y n�� wjra aholl ivark for and at the eXPe tan Of Gritut-00o orafltaa shall ho inning ophluoUlDn Of UtO Viet"Vo Jt;,'0VP'6tive ��n � lit��r t� � � � ant0r prujo�t# intithil a to-nee �rrotttld t1la pDVimONIC Of l*nr�e� j :r-16 d to YNhIbLt At oC A bypa raasmtab1y 06$igA6d W Prevent tin au thorig oo paroona f vom Wi FIV 0"L0 10r a f t r gibe 4durinu mamotioli, Uvii too # r vfjrrnAto to mearttor torah itr f �r 1 not p i t u r t or ifenol i ti o n rtjtter ial!u Or other wauta of any �hd to 1v PlAvOdi Uurt r r t;tOr-Ocl Or and � . mr Witil it) 'Any stun Subj1Jat to ihl:R amigo rent 3-n (aV:QV of avaritoo f or u i��tr tq control or ljoe by GrAa'joe for pUr 000 Of gradinV QV Donn Brest ioat � f 3) �Yan ta� r#hd I i� prior to � �t1�n� a��� �rx�din� We Oth&r licirk 5jn or falAb64 tO a i u>�.�t 4r of th4 1#8ftr a 1at6Vprw�tr i V0 Canl:or Pra eat" o'Ubhlit to gvlftntov ear Its evviaw any an) all, �4qr�txg0 t n flat; g cAd l act pr oth m croa6 tru tit i15n work ori or ral ate d �O � � t'hv rfiai4V� f_ntarpretWo CGilt$r prVJo�tr I)tputo s raviav jiball be ti fer the urp�� of twouri nq Atga#f that; Job opaa�f�atkWano go L$,ly andntrt doultvflt adequataly protfaat oranror arrasr �str'-� ropur'ty frog dAMH(Ta or r'SWOUC!. `i � / + F r r / i N t er i / a ! r 2020-07-2 Agenda Packet Page 392 of 711. 4 Y i 7 t ■ r s * 1 i 1 e � � 5 avopfro to and over i any of tri eaa *t'e-Rl Kurd wjad Ity the Mi anan t or oub5 0 ab W V16 ,11oonaa) eor to And fr4om t1jo real Yopo'ety oe � r X l t�► 11trQ y t � xa 010 City of ch'01A viata the prf Vf jag0 and VjVht to oXtonfj frles4anabliD dry nage of uct;VVea ani � Q xg4vsit ivn And emba(i' 011 t "Wen b-*f)" thO Sn" Of the rlght-' i v toot to 011 mina t6 bull-+ S-10pno alld/or c1rztVnA0iDF � U.W10 014,0 OC; W11an in the WrLtt:011 g)pjr)j0rj of, tbo 01 tY OJIgi0dor at ar'Itnt aia ithiv naacnai ty tharolr removed jay other prataoton n port mid/-Or dreii �l nI aa our4x e bbitotol) 1.5 f rot oppeoved In yrLtLtlij by 0-D t o l ty R1101"a 0v e orantov j1pYoby fiorthar grantu to ��ar �� � � � �a tt� � � ( ownp or Ont: my harflDtur U'r- a 40 1:4" � �� �� r� � ff � } e water, tagatflo ° u � a -dnd Rt Iuah looatlgna all otlLd (rani n Amy tdaem ' d ueol3fu1 or Dec000nry$ in tai -im'tove ent We Mainwaniv'a 4f Colo mfuntoo Smp eovftn.ell # road bipi l copt Anuu rQ x cd dna f x�a f ani € . ]� � r Q� 41 vuah tjtAu �� Vorpieman't t t� $ r�► It r r ! r rat cte i� n w, �r��, ���a�1 � � and wh i cil ohm M�Eari thou Ut'jiltiera r09111.5t to for Sod' oe of thq Mitts IntorprorAve center Thlo [,!rant of Baf xiant a3jhj j ox tot jint.11 mi ah t 1ma mo khar- ka Am a reemeAt ajJ;tgr-dd Into betwon or-Anton #IRd UrAntoo ana talo f 0hulij VIOUV HadMIMptnarit Agalna 40 City *� ChU10 VlOtfl V01MIn9 t # 1ja Franc; Pro j00t r and L-Ovgh OL011 It 10 AM-'1*1Vnt04 tha Arellher III exhibit h Vill be C60VOYOCI L",:� Orantoo III F.dul In addition) Or,MWr � � � a$ 011aw!r 1100"130 t Inca)$L, �� r t And ut t l!ty j Itle purpDEI w eff I b oaft t mo no yms"e"I. jell i i s..l K�a+ y � 1 y gn L 3 F ■ 1 + r I+ l i 2020-07-2 Agenda Packet Page 393 of 711. i i t a ' t i r l } t ` f d bid ll t t6 aerve gatury Intor pro t;#Ver Goutier M!061 At hiL which ti,ntf 41rkti road will he, a*d1vatod as I pumanont publ Lai vitt' ' ' a Lveot t DAted th ifi 21 d$v of r ' RTA Y8 WID XJJP1;0VF)1P.jJT CONPAHVi '- !VE E 1rhQ term" nx U11a Vadarnondnd tCsni6G thgrosgent. RVil nVoopted r by tho MY OC QhUJ4 ViOtl R-HDPyr1,0F)JJMT AGENCY OF UK, icy R logo botoro VIlt 01 � #� �� �.� r puhi30 fit -Ona yet, to 190 tQ ba the poveon yhose nisme *150 nitbsartbdil to t1j v1th1n Inst m"r� dry '" ► (AY b-anil -Jill octial-al jeal f r i pe r tee r � � f ■ i! a r 4 f t' 1 } 2020-07-28 Agenda Packet Page 394 Of 711. s � r r r a ri L t ji*l)tq h *portlokt of ounrter srutiom 113 and ;00 of Wia 310mbo Do j,ft tlao.(611t in t�lv al ty pf i�hUlri Vj:jttt County Of$an rJL0 0, }'3t?ltlMr t�bep a i fi 0 4 #f QI& )Iecardtr of srhId f.ol)ntyI xal� portion bel n.9 roarh acs t a j-l uwa i , t1Cgj(jnAr1q at t1ja corder of s,m1d owrto-r S&L-tItn 373 ; a NhQwTt",0n m d Re r~off'd of sore ey 110, 903!)] thonot 21 th#tivo �Ontlmu%ilq sooth 72IL13}271, well 516,67 root �0 the la:vigfnrll t g of a tkiigant MDO foot 'radltix oory o ameave 1wrlbDr lyl mile of W10471011 tin hr-c rlfiathnva v4 (8,,50 fdtstf � #r th-onva th0quilt tv xald Cure* norvh joet to t)ry DeVibtiSng mf a tangent 50#00 fiDoti reclj its vur wib concave Sou tier ly l thV"fq Weptarly a l anq tald Ot rve thriujli ?t uomt.ra J ang3-0 09 W"2-2 WI ]mn A r� dIstanee Ci 01 JOS feet t 6, rJ)0Fftrr� e t,4j�rrt to said 00rV& 64Duth 74",30"�O" 140wt 1644.0 foot Ta the laeginnInq of -n twigar)+t :30000 toot F r'}a�dlus; Qo�1t'}va ydanirave Roycliwextet�l�,+�)+v h LR y a yn Yi oge-rly along sj%id r r, m1914 of 17*10#07N AS arc Alutencrt of 00#00 fort: tho"U0 tnnyc"k tip eIsai; r'Lirvo Uouth U0*4011ZI N Ras ti 163 s?6 fust tQ tbo b*gxnnf:qq of ?t tnngtint, 40*00 foot rbd$on rurvtt voincove t+orth!orlyr • ap.Dl iq 01, $J113$1$4'1 Arj isrr+ OfAtoLnca of 36,0.6 Ira tt 1 La nce tiangetit to Paid cump vort.1i �01��14yjt` )Msr, 49,16 Xtr&t -LD 01-0 NeglAr nV of h t-angrmt �MPQ foist r dluv curve rYolloave jloirtliewet-arlyr T-11erMcift t*arthWsterly b1vnq vnjd ourvt %trough is cetitrNI , angle of 2211-501$611 -on m Yc 01 eta 4cf; Of 170,36 fir P.t t& t ja TRVV pf);Cjjl� or UroltIR)HO of th,& htroin 40¢a0rX06d thenco 3 ne vAroc) 19014 purV4 610A-p -h 40htAnUnnt. I Inn "055 q9;105 rant, tl n�t t��rt _� �,� r� l � .�, 2 vt gi 28348 �-ett; thff)ii sr � k .-�. ■� rt_ � ��i . ++� � U PO n#+ + ipn"tb a �rC 61 i7e x3i a 13 i�it �� foot rads-uj iry r-v& uQngt Y 4 1 i*t.1 �Aterly� a r'rc)1�� l e t �l at a r# ut9 IP 9-2 X.po t jan93 e th6ti0o S0UT b�0 Ct a�rl a)-aricj saii) r:urvo thi outjh a ovn tre 1 of l]nt. ;.1)1341Tin Arc 4Mt11ho South 47,52"gbee of�itrt11j. ;05 2?3400faatj faititheTive 6thrrivo10119+t)P � a�� n()I)t 4"4 Aq� •' t he RIM P()I jq r o1 DW Ir?+f N0. Pape I Qf 4 , E:t1. i�# tacres # i x a ■ ■f FF i i f T Y t i l 2020-07-2 Agenda Packet Page 395 of 711. ■ r l � • 7 i I I 7 r f 1 a r � 1 i ��dr {{€�t M "A" r A �,D,00 -font )laA tkmw)t zw*r J nqr-&jrff,. tgr4ts r, pubJ$-4r impro von-onto . alid 109 of t16 � vs jJoovrJb&,i) Ranr,�o I a44 c) gaaiummnt 14l$suO tee t on eit? s uido r�.*4Arvrv4 iLt right .4nq l-as to Lho 101110VA-wl I dVUlrJXTdd ejr4abj "A" t;br)Vp It Dagill"ADU At 06 bnql))dhy Of OnUrIF-e nM 2 In Wirput) rpt.ran covy'voo 2 tltrouVh 11 #p �'rlj'vu4 i "All to the TAIJX POMP OY )IMINN-1 0 Of RmrvR) "All bboyp Poing t)jr tarolntm ni the � humin 40m*lbod vent6r ljjjgj Wto r4dallnett (of Wo X0,00 toot ghr.to* y bnumtbry of Re.0014 of nurvvZ?nj, 909 �Av U7.0 pmJnt. of � f CY t r F � I w j 7 i i M r i i Not I of 4 r tr � 7 1 k y r } T �1f { r� 2020-07-28 Agenda Packelt, Page 396 o. 711 i y R t r r S 7 1 r i * 4 f r i i 1 r} k r' r *&S A 30-POO foot rivadmoInt for �n!Vrassj Oyro�a�f poo to $mprov;month t isnd pabUv u t A I I t a-s oyi9r portinil v of(?u.mrtdr Sbi7 t1ona 11.2 hn6 t t 1'13 of 31�Vv�n I)a TA 1491on In the Ulty of UTA yitm%t OnImLy of c Rats 0x itoo p Sth t* of et)1 fnrnJb a* s�pwn pit froom-d (if sur vipy Nok 9W 9 ren 11,1v III tha +Offf ev of the Aaanxdar of x,�14 Coutstyr 6;&IC) , Owo-OM46-11t bit-ring 30,00 f0vt In width, MOO f.04tr on ultrhor sfcid mahsvr-0d Mr. rlVht antj)vs to thO fol lowinV demcribed inti-dblic3 }roaorrd rt�f S;trvay )In, M591 tete-nve tfos�tb (lerst 20,00 flout to 014 v(WOrly 11110, of �hii Ban W aVO End Arlxnpa �;a5tern YU%11rpnd ri lght-ofelaq as rhmm nit xA$;d Rowrd cd mirvo , South 7.2'�31127r' W4*at 160-FOO foot to 4 prrij)t 4n tiltr bnuhda'ry of Bail iRspord -of Ou pvcy No; 009 41)d the pp4 jit rif to rm$Nov fpf t1jo har.elvs d000rAbuti S ?Il e a a'c1dollnQ0 of Onid fam,1a13t to ba lanthanud nr 5hnrtffO1Y4 to ;n,v to tnrminnto tilt tho J?:rstorly 11no of tho rellYmsc3 rcpt-vof,,way ?tt the TRU O PDXV1' Off' MOINOMM dpja the Y.ajsLorly boundary of r aor-d of Survoy go. OOJV At. the paint of ttrrminuas F ti ,r F1 i i1 t 1 r 4 i - f t r 1� 1 Page of I t r r t f , F,R f ,4 7 i. i It WTI' r- � I 1 ` � S 2020-07-2 Agenda Packet, Page 397 of 711. i f s t t s 7 I r r� � r , t r PA' Imp r too str .9asermnnt fpr 17iomm:ft, ruxors, public Improve-mimic � tc] PWA 10 11til-itiesp fav r portions of owsrtmr freotitmr; 1611 )62j, .� and 17.1 cif RAtIV710 ba t5 PAPIon 11) 034 city of vi st-h, 000ntY rtf Bon W arloi State of CA11 forma ks3 Own rm Reonrd of • 1 COUftMr A�14 G-0UQMvi1t b.01 x) 1040P k4t Jr3 OdOo 15.00 foot aitheir :s�(Tv muarUr ad ht rjq�L angl oa tin the IAF&Yinflingr �ot tb:. 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Exhibit - "C" LCDC Fauna Inventory AQUATIC Quantity Scientific Name Common Name (Males/Females/`Unknown) Abudefduf saxatifis Sergeant major 0.0.3 Acanthurus coeruieus Royal tang 0.0.1 Adioryx Squirrel fish 0.0.1 Albula vulpes Bonefish 0.0.6 Amphiprion ocellarls Clownfish 0.0.8 Anisotremis davidsonii Sargo 0.0-3, Anthopleura xanthogrammka Giant green anemone 0.0.2 Astrea undosa Wavy top snail 0.0-13 Aurelia aurita Moon jelly 0.0.3 Cancer sp. Rock crab 0.0-3, Caulolatilus princeps Ocean whitefish 0.0.2 Centropyae bkolor Bicolor angel 0.0.1 Centrostephanus coronatus Black sea urchin 0.0.3 Cephalidscyllium ventriosumSwell shark 0.0.6 Chromis punctipinnis Blacksmith 0.0.2 Chrysaora fuscescens Pacific sea nettle 0.0.8 Dasyatis dipterura Diamond ray 2.0.0 Entacmaea quadricolor Bubble tip anemone 0.0.12 Enteroctopus dofleini Giant Pacific octopus 0.1.0 Fundulus parvipinnis Killifish 0.0.7 Gillichthys mirab,illis Mudsucker 0.0.4 Giretla nigricans Opaleye 0.0.5 Gomphosus varius Bird wrasse 0.0.1 Gymnothorax mordox Moray eel 1.0.0 Halichoeres semicinctus Rock wrasse 0.0.1 Heterodontus francisci Horn Shark 2.3.4 Hexagrammos sp. Painted greenling 0.0.1 Hippocampus ingens Pacific seahorse 0.0.8 Hypsoblennius gentifis Bay blenny 0.0.2 Hypsypops rubkundus Garibaldi 2.0.0 Kelletia kelletii Kellet's whelk 0.0.8 Kyphosus azureus Zebra perch 0.0.1 Loxorhynchus crispatus Decorator crab 0.0.1 Loxorhynchus Brandie Sheep crab 2.1.1 Megathura crenulata Keyhole limpet 0.0.10 Monodactylus Mono, 0.0.14 Mugil cephalus Mullet 0.0.2 Mustelus califonkus Gray smoothound shark 3.1.1 myliobatis californica Bat ray 0.3.0 Naso lituratus Naso tang 0.0.1 Nautichthys oculpfasciatus Sailfin sculpin 0.0.15 Octopus Bimaculatus Two-spot,octopus 0.0.4 Odonus niger Triggerfish 0.0.1 Oncorhynchus mykiss Rainbow trout 0.0.5 Oxyjulis californka Senorita 0.0.4 Panulirus interruptus California spiny lobster 1.2.2 Paralabrax clathratus Kelp bass 0.0.2 Paralabrax maclatofasciatus Spotted sand bass 0.0.8 Paralabrax nebulifer Barred sand bass 0.0.9 Paralichthys californkus Halibut 0.0.5 Parastichophos californkus Sea cucumber 0.0.3 Patiria miniata Bat star 0.0.17 Rhinobatos productus Shovelnose guitarfish 0.0.4 Roncador steams1i Spotfin croaker 0.0.1 Sardinops sagax Sardine 0.0.2 Scorpaena gutato Scoprionfish 0.0.2 Sebastes Sp. Splitnose rockfish 0.0.8 Seriola lalandi Yellow Tail 0.0.1 Siganus vulpinus Foxface rabbitfish 0.0.2 Stenopus hispidus Coral Shrimp 0.0.1 2020-07-28 Agenda Packet, Page 400 of 711 Stronglocentrotus purpuratus Purple sea urchin 0.0.7 Stropectin armatus Bay Star 0.0.2 Triakis semifasciata Leopard shark 4.1.0 Umbrina roncador Yellowfin croaker 0.0.2 Urolophus halleri Round ray 0.0.14 Zapteryx exasperata Banded guitarfish 1.0.0 Zebrasoma desjardinii Sailfin tang 0.0.1 l�Zebrasomaflavescens Fellow tang 0.0.4 AVIAN Quantity Scientific Name Common Name (Males/' emales/U n known) Anas platyrhynchos Mallard 0.2.0 Aquila chrysaetos Golden eagle 1.0.0 Athene cunkularia Burrowing owl 2.3.0 Bubo virginianus Great horned owl 1.0.0 Buteo jamatcensis Red-tailed hawk 1.0.0 Buteo lineatus Red-shouldered hawk 1.1.1 Buteo regalis Ferruginous hawk 1.0.0 Buteo swainsonn Swainson's hawk 1.0.0 Caracara cheriway Crested caracara 0.0.1 Cathartes aura Turkey vulture 1.0.0 Falco sparverius American kestrel/sparrowhawk 1.1.0 Geococcyx californianus Greater roadrunner 1.0.0 Haematopus bachmani Black oystercatcher 0.0.1 Haliaeetus leucocephalus Bald eagle 0.1.0 Himantopus himantopus Black-necked stilt 0.0.1 Larus delawarensis Ring-billed gull 0.0.2 Lophodytes cucullatus Hooded merganser 0.1.0 Nycticorax nycticorax Black-crowned night heron 0.1.0 Otus kennkotti Western screech owl 1.0.1 Oxyurajamaicensis Ruddy duck 1.0.0 Pandion haliaetus Osprey 0.1.0 Parabuteo,unicinctus Harris'hawk/bay-winged hawk 0.1.0 Plegadis chihi White-faced ibis 0.1.0 Psittacara mitratus Mitred parakeet 0.0.2 Rallus obsoletus Light-footed Ridgway's rail 2.2.0 Tyto alba lCommon barn owl 1.0.0 REPTILES Quantity Scientific Name Common Name (Males/Females/Unknown) Arizona elegans Coastal glossy snake, 0.0.1 Caretta caretta Loggerhead sea turtle 0.1.0 Chelonia mydas Eastern Pacific green turtle 2.0.0 Coruucia zebrata Prehensile-tailed skink 0.1.0 Ctenosaura Spiny-tailed iguana 0.0.1 Dipsosaurus dorsalis Desert iguana 0.0.1 Elgarid multicarinata Southern alligator lizard 0.0.1 Gopherus agassizii Desert tortoise 2.0.2 Lampropeltis californiae California kingsnake 1.2.1 Lampropeltis triangulum Milksnake 0.0.1 Lkhanura trivirgata Rosy boa 2.2.0 Pantherophis guttatus Corn snake 0.0.1 Pituophis catenifer Gopher/pine snake 1.0.0 ,Sauromalus ater lChuckwalla 1.0.0 MAMMALS Quantity Scientific Name Common Name (Males/Females/Unknown) Didelphis virginiana Virginia opossum 0.2.0 2020-07-28 Agenda Packelt, Page 401 of 711 zmr, ..' l v r r IN III itil C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA July 28,2020 File IL: 20-0128 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING $166,711 FROM THE UNITED STATES DEPARTMENT of JUSTICE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2019/202,0 POLICE GRANTS SECTION OF THE FEDERAL,GRANTS FUND FOR THE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM 4/'5 VOTE REQUIRED) ACTIONRECOMMENDED Council adopt the resolution. SUMMARY The Police Department has received notice of the 2020 Coronavirus Emergency Supplemental Funding Grant award in the amount of$166,711 from the Bureau of justice Assistance. These funds were allocated to the Police Department using the Edward Byrne Memorial justice Assistance Grant(JAG) grant as a model,which is biased on city population and Part 1 violent crime statistics. ENVIRONMENTAL REVIEW The Director of Le elopmentSer ices has reviewed the proposed activity for compliance with the California Environmental Quality pct (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in:the environment, herefore,pursuant to Section. 1,5060(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA. Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE, Not applicable. DISCUSSION On March 30, 2020, the U.S. Department of Justice Bureau of justice Assistance announced funding for the Coror avirus Emergency Supplemental Funding C'ESF) Program. CESF will provide funding to assist in preventing,preparing for and responding to the coronavirus. Allowable projects and purchases under the CFSF Program include, but are not limited to, overtime, equipment (including lav enforcement and medical personal protective equipment), hiring, supplies (such. as gloves,masks,sanitizer),training,travel expenses (particularly related to the distribution of resources to 1 . 0 0 1 Pii3ge 1 2020-07-2 Agenda Packet, Page 402 of 711. the most impacted areas),and addressing the medical needs of inmates in state,local,and tribal prisons,jails, and detention centers., The Police Department received notice on May 27, 2020 of a CESF award in the amount of$166,711. These funds were allocated to the Police Department based on city population and Part 1 violent crime statistics. Part 1 violent crimes include murder and non-negligent manslaughters, forcible, rape,, robbery, and aggravated assaults as reported by the FBI. The Police Department has tracked the cost impact from the coronavirus, which now exceeds $600,0�OO�. Because,this grant has a retro-active start date of 1/20/2020, costs that have already been incurred may be reimbursed. The Department recommends using the CESF funds for reimbursement of both overtime and services and supplies costs that were incurred in Fiscal Year 2019-20 as a result of the coronavirus pandemic. Overtime expenses were incurred as a result of the implementation of an Emergency Staffing Schedule, designed to ensure adequate ongoing staffing to respond to this unique situation, and resulted in overtime above and beyond that normally generated in the normal course of'operations. Additionally,it was necessary for the Department to purchase software licenses to enable more staff than normal to connect to City and Department information technology systems for continuing operations. Public service messages were developed to help keep the public informed of safety measures in Chula Vista, and personal protective equipment and sanitation supplies were purchased by the Department to aid in its response to coronavirus, which are reimbursable under this grant., DECISION-MAKER CONFLICT" Staffhas reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. C1JRRENT,YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of$166,711 from the U.S. Department of justice, Bureau of justice Assistance for the 2020 Coronavirus Emergency Supplemental Funding Grant and a one- time appropriation of$131,461 to the personnel category and$35,250 to the supplies and services category of the FY 2019/2020 Police Grant Section of the Federal Grants Fund. The funding from the U.S.Department of justice will completely offset these costs,,resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact for accepting the grant funds. ATTACI IMENTS Attachment 1: PJB F'Y 20 Coronavirus Emergency Supplemental Funding Program Award Letter Staff Contact: Beverly Sturk, Police Department P 2 2020-07-28 Agenda Packet, Page 403 of 711 RESOLUTION NCS. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CHULA VISTA ACCEPTING $166,711 FROM THE UNITED E STATES DEPARTMENT OF JUSTICE BUREAU OF JUSTICE ASSISTANCE AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2019/2020 POLICE GRANTS SECTION OF TIME FEDERAL GRANTS FUND FOR THE CORONAVIRUS EMERGENCY SUPPLEMENTAL FUNDING PROGRAM M WHEREAS, in May 2020, Chula Vista Police Department submitted a grant application to the U.S. Department of Justice, Bureau of Justice Assistance for the Coronavirus Emergency Supplemental Funding Program; and WHEREAS, funds from the U.S. Department of Justice, Bureau of Justice Assistance are made available to help offset the impact of the coronavirus pandemic; and. WHEREAS, on May 27, 2020 the U.S. Department of Justice awarded $161,711 to the City for Coronavirus Emergency Supplemental. Funding Program; and WHEREAS, grants funds from the U.S. Department of Justice, Bureau of Justice Assistance will be used to offset personnel overtime costs, public service messaging video production, software licenses for continuing operations, and personal protective equipment and sanitation supplies used in response to the coronavirus pandemic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Nista, that it accepts $166,711 from the U.S. Department of Justine, Bureau of Justice.:Assistance for the Coronavirus Emergency Supplemental Funding Program and appropriates $131,461 to personnel services, and $35,250 to supplies and services category of the fiscal year 2019/2020 Police Grants Section of the Federal Grants Fund. Presented by .Approved as to form b ROXANA KENNEDY GLEN R. GOOGINS Chief City attorney 2020-07-2 Agenda Packet, Page 404 of 711. Department of Justice(DOJ) e, Office of Justice Programs AN Office of the Assistant Attorney General. Washington,D C. 20531 May 27,2020 Chief Roxana Kennedy City of Chula Vista 276 4th Avenue Chula Vista,CA 91910-2631 Dear Chief Kennedy: On behalf of Attorney General William P.Barr,it is my pleasure to inform you that the Office of Justice Programs(OJP)�,U.S. Department of Justice(DOJ),has approved the application by City of Chula Vista for an award under the OR funding opportunity entitled"BJA FY 20 Coronavirus Emergency Supplemental.Funding Program." The approved award amount is 166,711. These funds are for the project entitled BJA FY 20 Coronavirus Emergency Supplemental funding Program. The award document,including award conditions,is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also,the webpage entitled"Legal Notices:Special circumstances as to particular award conditions"(ojp.gov/funding/Explorer'Legall`tiTTotices-AwardRegts.htm)is to be consulted prior to an acceptance. Through that "Legal Notices"webpage,OR sets out--by funding opportunity--certain special circumstances that may or will affect the applicability of one or more award requirements. any such legal notice pertaining to award requirements that is posted. through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions,but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative,and programmatic matters,as well as other important matters(e.g.,specific restrictions on use of funds),it is vital that all key staff know the award requirements,and receive the award conditions and the assurances and certifications,as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Chula-Vista accept the award and then fail to comply with an award requirement,DOJ will pursue appropriate remedies for non-compliance,which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: -For program questions,contact Yolaine Faustin,Program Manager at(202)353-1720;and -For financial questions,contact the Customer Service Center of OJP"s Office of the Chief Financial Officer at (800)458-0786,or at ask.ocfo a usdcj.gov. We Look forward to working with you. Sincerely, ; � Katharine T.Sullivan Principal Deputy Assistant Attorney General Encl. 2020-07-28 Agenda Packet Page 405 of 711 Department of Justice(DOJ) eo � Office of Justice Programs ff ee of Civil R gh is Washington,DC. 0531 May 27,2020 Chief Roxana Kennedy City of Chula Vista 276 4th Avenue Chula Vista,CA 91.910-2631 Dear Chief Kennedy: Congratulations on your recent award. The(.office for Civil Rights(JCR),Office of Justice Programs(OJP),U.S.Department of Justice(DOJ)has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP,the Office of Community Oriented Policing Services(COPS),and the Office on Violence Against Women(OVW)are not engaged in discrimination prohibited by lave. Several federal civil rights laws,such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972,. require recipients of federal financial assistance to give assurances that they will comply with those laws„ In addition to those civil rights laws,many grant program statutes contain nondiscrimination provisions that require compliance with thein as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements,in connection with OJP and other DOJ awards,see https//ojp.gov/funding/Explore/Legal.overview/CivilRightsRequirements.ht Under the delegation of authority,the(JCR investigates allegations of discrimination against recipients from individuals,entities,or groups. In addition,the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system,there are two additional obligations that may apply in connection with the awards: (1)complying with the regulation relating to Equal Employment Opportunity Programs(EEOPs),and(2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement,see 28 CFR Part 42, subpart E,and for additional information regarding requirements when there is an adverse finding,see 28 C.F.R.§§42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the CSCR are available to help you and your organisation meet the civil rights requirements that are associated with OJP and. other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance,please do not hesitate to let us know. Sincerely, Michael L.Alston Director cc: Grant Manager Financial Analyst 2020-07-28 Agenda Packet Page 406 of 711 zmr, ..' l v r r IN III til C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA July 28, 2020 File ID: 20-01296 „MITI RESOLUTION OF THE CITY COUNCIL CIL OF'THE CITY OF C H LA VISTA ACCEPTING INCA Zoo, oo FROM THE U.S. DEPARTMENT of HOMELAND SECURITY AND APPROPRIATING SAID FUNDS To THE POLICE GRANTS, SECTION of THE FEDERAL GRANT FUND FOR OPERATION STONEC ARDEN (4/5 VOTE REQUIRED) RECOMMENDEDT Council adopt the resolution. SUMMARY Since the events of September 11, 2001, the interception of terrorists and their weapons attempting entry across the nation's borders has become the priority mission of the U.S. Department of Homeland Security. Grant funding via "operation Stonegarden" has been awarded to the San Diego County region to facilitate regional partnerships and enhance border enforcement capabilities. In coordination with the U.S. Customs Border Protection (CBP) and grant administration by the County of'San Diego, the Police Department has been allocated$,200,800 for Operation.Stonegarden.2019 funding. ENVIRONMENTAL REVIEW The Director of De elop entSer ices has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State EEC. . Guidelines because it will not result in a physical change in the environment-Y herefore, pursuant to ,Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus,no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable DISCUSSION The mission of Operation 5tonegarden is to deter illegal activity by criminal organizations using transit nodes and corridors that run throughout,San Diego County,including the City of Chula Vista,through regional multi- jurisdictional collaboration.,intelligence/information sharing and communication. The Chula Vista Police Department is in the unique position of being geographically located in close proximity to the border (5 miles) with three main north/south arteries traversing the city. As a result, Chula vista is positioned to interdict both north and south bound traffic. The Police Department will continue to 1111. 0 0 1 P � 1 2020-07-2 Agenda Packet, Page 407 of 711. participate in regional onal efforts of border-related criminal deterrence and intervention on an overtime basis. The Department has received $4.6, million in prior Stonegarden awards, and the 2,019 funding of$200,800 will continue those regional efforts. In addition to overtime operations, the Police Department has been allocated funding for night vision monoculars,and license plate reader systems that will be installed in patrol vehicles. DECISION-MAKER C"ONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in a one-time appropriation of$153,000 to the personnel category, $7,800 to supplies&services and$40,000 to the capital category of the FY20/21 budget of the Police Grants Section of the Federal Grant Fund. The funding from the U.S. Department of Homeland Security will completely offset these costs, resulting in no net fiscal impact to the General Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact accepting these grant funds. ATTACHMENTS None Staff Contact:Beverly Sturk,Police Department P 2 2020-07-28 Agenda Packet, Page 408 of 711 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA ACCEPTING $200,800 FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY AND APPROPRIATING SAID FUNDS TO THE POLICE GRANTS SECTION OF THE FEDERAL GRANT FUND FOR OPERATION STONEGARDEN WHEREAS, since the events of September 11, 2001, the interception of terrorists and their weapons attempting entry across the nation's borders has become the priority mission of the U.S. Department of Homeland Security; and WHEREAS, grant funding via "Op�eration Stonegarden" has been awarded by the U.S. Department of Homeland Security to the San Diego County region to facilitate regional partnerships and enhance border enforcement capabilities-, and WHEREAS, the Police Department has been allocated $200,800 for Operation Stonegarden to participate in regional enforcement efforts and support the mission of the operation; and WHEREAS, the grant funds provided by U.S. Department of Homeland Security will completely offset the total costs of Operation Stonegarden. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby accepts the $200,800 from the U.S. Department of Homeland Security and appropriates $153,000 to the personnel category, $7,800 to supplies & services, and $40,000 to the capital category to the fiscal year 2020/2021 budget of the Police Grants Section of the Federal Grant Fund for Operation Stonegarden. Presented by Approved as, to form by ROXANA KENNEDY GLEN R. GOOGINS Police Chief City Attorney 2020-07-28 Agenda Packet, Page 409 of 711 zmr, ..' l v r r IN III til C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA July 28,2020 File ID: 0-01298 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF CHULA VISTA ACCEPTING $97,500 FROM SHE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES (COPS) FOR THE COMMUNITY POICING DEVELOPMENT MICROGRANTS PROGRAM,AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2020/20,21 POLICE GRANTS SECTION OF THE FEDERAL GRANTS FUND (4/5 VOTEREQUIRED) ACTIONRECOMMENDED ° Council adopt the resolution. SUMMARY The Police Department has received notice of the 2,020 Department of Justice's Office of Community Oriented Policing Services (!CODS Office) Community Policing Development (CPD,) Microgrants Program award of' 7,500 to advance innovative community policing projects across the country. Chula Vista has been awarded funding to address human trafficking using a multi-faceted approach, which focuses on both the supply and demand sides of the issue. ENVIRONMENTAL REVIEW The activity is not a "Project P) as defined under Section. 15378 of the California Environmental Quality pct State Guidelines; therefore, pursuant to State Guidelines Section. 150601(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE Not applicable. DISCUSSION Astudy ofhuman trafficking San.Diego revealed the scale of the underground sex economy is considerably larger than accounted for.At 1.0M per year,the underground sex trade in. Sari Diego measures as the 2nd most lucrative illicit industry in the region behind drugs and almost equals gains from the illegal firearms trade.It is estimated there are 3-8 thousand unseen victims in the region.Statistics show the demand is much higher than data indicates. It is believed these crimes are not being reported,largely due to fear of reprisal. Victims are commonly embarrassed about their involvement and offen feel they have no other options. 1 . 0 0 1 P Ii1 2020-07-2 Agenda Packet, Page 410 of 711. Chula Vista will combat the demand of buyers in our region who sexually exploit and traffic others for personal monetary gain. On the supply side,the Police Department will also educate and provide continuing follow up to exploited victims who are identified during investigations by connecting them with community resources so they may avoid returning to a life of exploitation. For this initiative of advancing public safety through Community Policing, Chula Vista is the only agency in the State of California to receive this competitive grant funding. DECISION-MAKER CONFLICT' Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the, real property holdings of the City Council members do not create a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cal.Gov't Code§87100,et s,eq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision-maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT Approval of this resolution will result in the acceptance of'$97,50�O for the 2020 Department of justice's Office of Community Oriented Policing Services(COPS Office)Community Policing Development(CPD)Microgrants Program, and a one-time appropriation of$92,500 to personnel and $5,000 to supplies &services category of the FY 2020/2021 budget of the Police Grant Section of the Federal Grants Fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact related to this allocation as no matching funds are required. X'"I'TACHMENTS None Staff Contact: Beverly Sturk, Police Department P 2 2020-07-28 Agenda Packet, Page 411 of 711 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF TIME CITY OF CI-ULA VISTA ACCEPTING 97,500 FROM THE UNITED STATES DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES COPS) FOR. TIME COMMUNITY POLICING DEVELOPMENT CPD MICROGRANTS PROGRAM, AND APPROPRIATING SAID FUNDS TO THE FISCAL YEAR 2020/2021 POLICE GRANTS SECTION Off" THE FEDERAL L G TS FUND WHEREAS, in March 2020, Chula Vista Police Department submitted a grant application to the United States Department of Justice; WHEREAS, funds from the U.S.. Department of Justice's Office of Community Oriented p offset the cost to advance innovative PolicingServices (COPS), are made available e tc� e community policing projects across the country; WHEREAS, on July 7, 2020 the U.S.. Department of Justice's Office of Community Oriented Policing Services (COPS) awarded $97,500 to the City for COPS Community Policing Development (CPD) Microgrants program; and WHEREAS, grants funds from the U.S. Department of Justice's Office of Community Oriented PolicingServices (COPS), will e used to offset overtime, supplies and small equipment costs incurred for deterring and addressing human trafficking. NOW, THEREFORE, BE IT RESOLVED V:FD by the City Council of the City of Chula Nista., that it accepts $97,500 from the U.S. Department of Justice's Office of Community Oriented Policing Services (COPS), Community Policing Development Microgrants program., appropriates $92,500 to the personnel services category, and$5,000 to the supplies and services category of the fiscal year 2020/2021 budget of the Police Grants Section of the Federal Grants Fund. Presented.by Approved as to form by ROXANA KENNEDY GLEN R. GOOGINS Chief of Police City Attorney 2020-07-2 Agenda Packet, Page 412 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: 20-0310 „MITI RESOLUTION OF THE CITY COUNCIL OF THE CITY of CHULA VISTA APPROVING THE SECOND AMENDMENT TO HE 2017-2020 MEMORANDUM of UNDERSTANDING BETWEEN THE CITY of CH LA VISTA AND THE WESTERN COUNCIL of ENGINEERS (WCE) TO EXTEND THE TERM of THE MDU To JUNE 30, 2021 ACTIONRECOMMENDED Council adopt the resolution. SUMMARY In April, the City and the western Council of Engineers (WCE) engaged in informal discussions seeping to extend the term of the Memorandum of Understanding (MOU). After good faith negotiations, an agreement was subsequently reached to extend the term of the MDU to June 3 , 2021. ENVIRONMENTAL REVIEW Environmental Notice The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. Environmental Determina.tion The Director ofl3e elop entSer ices has reviewed the proposed activity for compliance with the California Environmental Quality Act CEA 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. BOARD/COMMIIu ERECOMMENDA"TION N/ DISCUSSION In July 2017, the City Council approved a Memorandum of Understanding between the City of Chula Vista and the Western Council of Engineers (WCE) related to wages and other terms and conditions of employment. In April 2020, the City and. ' CE engaged in informal discussions and after good faith PIi3ge I 1 2020-07-2 Agenda Packet, Page 413 of 711. negotiations, an agreement was reached to extend the term of the MOU to June 30, 2021 and provide WCE represented employees with an additional eight(8) hours of Floating Holiday for Fiscal Year 2020-2021. Approval of the Resolution will approve the Second Amendment to the 2017-2020 Memorandum of Understanding between the,City of Chula Vista and WCE. 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 21 section 18702.4(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 City Council member,of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The proposed changes for WCE represented employees includes an additional eight (8) hours floating holiday which is in the current contract. The value of this holiday is reflected below. No additional budgetary adjustments are necessary. General Fund $ 10,456 Development Services Fund 4,382 Sewer Service Revenue 1,002 Total Cost $ 151840 ONGOING FISCAL IMPACT These costs will be incorporated into the annual budgets in future fiscal years. ATTACHMENT Second Amendment to the 2017-2020 Memorandum of Understanding Between the City of Chula Vista and the Western Council of Engineers Staff Contact: Courtney Chase, Director of Human Resources/Risk Management Page 2 2020-07-28 Agenda Packet, Page 414 of 711 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF' CHULA VISTA APPROVING TIME SECOND AMENDMENT TO THE 2017-2020 MEMORANDUM OF UNDERSTANDING BETWEEN TIME CITY OF C ULA VISTA ANIS THE WESTERN COUNCIL OF ENGINEERS WCETO EXTEND TIME TERM OF TIME MOU TO JUNE 3012021 WHEREAS, in 2017,. negotiating teams representing the City of Chula Vista "City") and the Western Council of Engineers ("WCE") worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding(MOU),which the parties entered into for the time period of July 11, 2017 to June 30, 2020, WHEREAS,.... on July11,. 2017, the City Council a,p,proved.the MOU between the City and. WCE related to wages and other terns and conditions of employment; and WHEREAS, in April 2020, the City and WCE engaged in informal discussions and after good faith negotiations, an agreement was reached to extend the term of the MOU to June 30,2021 and provide WCE represented employees with an additional eight hours of Floating Holiday for Fiscal Year 2020-2021, a copy of said MOU amendment is on file in the City Clerk's Office. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the Second Amendment to the 201.7-2020 Memorandum. of Understanding between the City of Chula Vista and the Western Council of Engineers in the form substantially lly presented and that the City Manager may make such minor modifications as may be approved or required by the City Attorney's Office. Presented by Approved as to fora b COURTNEY CHASE GLEN R. GOOGINS Director of Human Resources/Risk Management City.Attorney 2020-07-2 Agenda Packet, Page 415 of 711. SECOND AMENDMENT To THE 201.7-20201 MEMORANDUM of UNDERSTANDING BETWEEN THE CITY OF C14ULA VISTA (CITY) AND 'THE WESTERN COUNCIL of ENGINEERS (WCE) WHEREAS, the City of Chula Nista (City) and the Western Council of Engineers entered into a Memorandum of Understanding "MOU" for the time period of July 11, 2017 to June 30, 2020; and WHEREAS, City and WCE, after good faith negotiations, seek to extend the term of the MOU for one year to June 3 o, 2021. NOW THEREFORE, the City and WCE agree as follows: I. The MOLD is hereby amended to extend the expiration date of the 1'OU from.June 30, 2020 to June 30, 2021. It WCE represented employees shall be allotted eight (8) additional hours of floating holiday for fiscal year 2020-2021. The eight ( ) hours may be taken in the same manner as vacation leave. The eight 8)hours must be used in its respective fiscal year, may not be carried over to the next fiscal year, and may not be cashed out. III. All terms of the MOH remain in effect unless amended by this Second Amendment. Iv. This Second Amendment is contingent upon beim approved by the Chula.vista City Council in open session via resolution. FOR THE CITY OF CHULA VISTA: FOR WESTERN COUNCIL OF ENGINEERS: Courtney Chase Chester Bautista Director of Human Resources/Risk Management President, WCE Date.- 2020-07-28 Agenda Packet, Page 416 of 711. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File ID: 20-0317 ,TITS RESOLUTION OF THE CITY COUNCIL OF THE CITY F CPI LA VISTAAPPROVING THE THIRD AMENDMENT TO'THE 2014-2017 MEMORANDUM of UNDERSTANDING BE'TW'EEN THE CITY of CH LA VISTA AND THE CHH A VISTA POLICE OFFICER'S ASSOCIATION To EXTEND T'HE TERM of THE MOU To JUNE 3o, 2021 RECOMMENDED171 Council adopt the resolution. SUMMARY In 2014, negotiating teams representing the City of Chula. Nista and the Chula 'lista Police officer's Association (POA)worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding (MOU), which the parties entered into for the time period of November 4, 2014 to June 30, 2017. In February 2017, the City and POA engaged in informal discussions to extend and amend the MOU and an agreement was reached to amend the M oU and extend the term to June 30, 2020. For the last four months,negotiating teams representing the City and POA engaged in formal negotiations and agreement was subsequently reached to extend the term of the :MOU to June 30, 2021 and provide an equity adjustment to POA.-represented classifications. ENVIRONMENTAL REVIEW The Director ofDevelopment Services has reviewed the proposed activity for compliance witthe California Environmental Quality pct (CEQA) and has determined that the activity is not a "Project" as defined under Section 15370 of'the State CEQA Guidelines; therefore, pursuant to Section 150 0(c)(3) of the Mate CEQA Guidelines,the activity is not subject to CEQA. Thus,no environmental review is required. PIi3ge 1 2020-07-2 Agenda Packet, Page 417 of 711 BOARD/COMMISSION/COMMITTEE RECOMMENDATION N/A DISCUSSION In 2014, negotiating teams representing the City of Chula Vista and the Chula Vista Police, Officer's Association (POA)worked collaboratively toward the development of a mutually beneficial Memorandum of Understanding (MOU), which the parties entered into for the time period of November 4, 2014 to June 30, 2017., In February 2017, the City and POA engaged in informal discussions to extend and amend the MOU and an agreement was reached to amend the MOU and extend the term to June 30, 2020., For the last four months,negotiating teams representing the City and the POA engaged in formal negotiations and agreement was subsequently reached to extend the term of the MOU to June 30,2021 and provide an equity adjustment to POA-represented classifications as noted below: Peace Officer 2% Police Agent 2% Police Sergeant 2% Police Lieutenant 2% These equity adjustments are recommended in order to address the current ranking of sworn staff when compared to other local municipal police agencies and the County of San Diego. Currently, Chula Vista POA- represented class ifi cations are ranked as follows (with 10 and 6 being the lowest): DIRECT AGENCY COST RANKING Peace Officer 8 of 10 Police Agent 4 of 6 Police Sergeant 7 of'10 Police Lieutenant 7 of'10 While the proposed equity adjustments do not bring these classifications to median, it is a step forward in beginning to address the increased salaries that have been provided to San Diego County Sheriffs and municipal peace officers throughout the region. Approval of the Resolution will adopt the Third Amendment to the 2014-2017 Memorandum of Understanding between the City of Chula Vista and the Chula Vista Police Officer's Association. DECISION-MAKER C'ONFLIC'T Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the real property holdings of the City Councilmembers do not create a disqualifying real prop erty-related financial conflict of interest under the Political Reform Act(Cal.Govt Code§87100,et seq.). 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. P : ge 2 2020-07-28 Agenda Packet, Page 418 of 711 CURRENT-YEAR FISCAL IMPACT The proposed changes for POA represented employees will not increase the operating budget in fiscal year 2021. These costs will be absorbed within the Police Department's budget due to higher than anticipated sworn and non-sworn vacancies. The following table reflects the allocation of the salary increases by funding source: General Fund $ 586,680 2018 Measure A Sales Tax 78,339 State Grants 12)349 Total Cost $ 677,368 Recruiting and hiring efforts will continue,without slowing down,with the goal of being fully staffed to meet the needs of the community. As of the most recent personnel counts, there are 27.5 vacancies in the Police Department,general fund (17 vacancies in sworn positions and 5 vacancies in non-sworn positions). The Police Departments general fund adopted budget assumed salary savings of$931,406 due to anticipated vacancies and $500,000 additional overtime costs due to those vacancies. The proposed salary increases will add approximately $586,680 to the salary savings goal in fiscal year 2021. The total projected salary savings would total $2 million which is equivalent to an average of 12 vacancies for the year. ONGOING FISCAL IMPACT The ongoing costs associated with the proposed change are approximately$704,462 annually. The overall cost will increase along with future cost of living adjustments and benefit changes. The costs will be included in future proposed budgets as part of the annual budget process. ATTACHMENT Third Amendment to the 2014-2017 Memorandum of Understanding Between the City of Chula Vista and the Chula Vista Police Officer's Association. Staff Contact:Courtney Chase,Director of Human Resources/Risk Management Page 3 2020-07-28 Agenda Packet, Page 419 of 711 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE THIRD AMENDMENT O THE 2014-2017 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CHULA VISTA. ANIS THE HU A VISTAPOLICE OFFICER'S ASSOCIATION T EXTEND THE TERM OF THE IOU TO TUNE 30, 2121 WHEREAS, in 2014, negotiating teams representing the City of Chula Vista("City"), and the Chula "Nista Police Officer's Association ("POA") worked collaboratively toward the development of a mutually beneficial Memorandum. of Understanding (MCT , which the parties entered into for the time period of November 4 2014 to Tune 30, 2017; and WHEREAS, in February 2017, the e City" and PCNA. en.ga.gedin informaldiscussions to extend and amend the MOO and an agreement was reached to amend the MOO and extend the term to June 3 0, 2020; and WHEREAS, for the last four months, negotiating teams representing the City and POA. engaged in formal negotiations and agreement was subsequently reached to extend the term of the 11 OU to ,dune 30, 2021 and provide an equity adjustment to PCNA-represented classifications as noted below, a copy of said MOLT amendment is on file in the City Clerk's Office: Peace Officer 2% Police Agent 2% Police Sergeant 2% Police Lieutenant 2% NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does approve the Third Amendment to the 2014-201.7 Memorandum of Understanding between the City of Chula Vista and the Chula Vista Police Officer's Association in the form substantially presented and that the City Manager may make such minor modifications as may be approved or required by the City Attorney's Office. Presented by .Approved as to form b COURTNEY CHASE GLEN R. GOOGINS Director of Human. Resources/Risk Management City Attorney 2020-07-2 Agenda Packet, Page 420 of 711. 'THIRD AMENDMENT (LETTER. OF UNDERSTANDING) To THE 2014-2017 1 OU BETWEEN THE CITY OF CHULA VISTA AND CHULA VISTA POLICE OFFICER'S ASSOC'IA'TION EXTENDING LABOR CONTRACT THROUG FISCAL YEAR 202012021. WHEREAS, the City of Chula Vista (City) and the Chula vista Police Officer's Association (PCNA) entered into a Memorandum of Understanding "MOO") for the time period of November 4, 2014 to June 30, 2017; and WHEREAS, City and POA, after informal discussions, entered into an amendment (herein called firstAmendment") o +�t that, nes alia, amended specified articles of the 1' OU and extended the term of MOU to June 30, 2020; and. WHEREAS, City and.POA again seek to extend the l 'OU via this Third.Amendment under the terms stated herein subject to ratification by POA and approval by the City Council in open session via resolution). NOW THEREFORE, the City and POA agree as follows: 1. The MOLT is hereby amended as follows: 1. [TERM] Article 1.07 [Terra and.Effect of Memorandum of Understanding] Paragraph I is amended to add the following: The Memorandum of Understanding hereby extended from the current expiration date of June 30, 2020 to June 30, 2021 at which time the 1 'OU as amended) shall expire. The periods set forth above to submit proposals and to endeavor to begin negotiations are reset as follows: (1) the Parties will endeavor to submit written proposals to each other by March 1, 202 land the Parties will endeavor to begin negotiations not later than April, 15, 2021. 2. [WAGES] article 2.01 Wages is amended to add the following.- V1. [Equity Adjustments] Equity adjustments shall be effective the beginning of the pair period in which this amendment is adopted by City Council in open session;. Peace Officer—2.0oO% Police Agent- 2.00% Police Sergeant—2 0oO% Police Lieutenant -2.0oO% 11. The City and PCNA. agree that, except as expressly provided herein, all other terms and conditions of the 2014-2017 MC AT (as amended by the First and Second Amendments) shall otherwise remain in full force and.effect. 1. 2020-07-2 Agenda Packet, Page 421 of 711. This proposal is contingent upon MOU being adopted by the Chula Vista City Council in open session via resolution. This proposal is a"package" offer. FOR THE CITY OF CHULA VISTA: FOR THE CH LA VISTA POLICE OFFICER"S ASSOCIATION: Courtney Chase David Martinez Director of Human Resources/Risk Management President, Chula Vista Police Officer's Association 2 2020-07-28 Agenda Packet, Page 422 of 711 zmr, ..' l v r r IN III til C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT l 1 CITY, OF CHUIAVISTA July 28,2020 File IIS: 0-10318 ,TITS A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION ANIS DELETION OF VARIOUS POSITION TITLES ANIS AMENDING THE AUTHORIZED POSITION COUNT' IN THE ECONOMIC DEVELOPMENT AND POLICE DEPARTMENTS WITH NO NET INCREASE IN AUTHORIZED STAFFING B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING'THE REVISED FISCAL YEAR 2020-2021 COMPENSATION SCHEDULE EFFECTIVE JULY 17, 2020) AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS,ATIONS,TITLE 2,SECTION 570.5 C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION .05.010 TO ADD THE UNCLASSIFIED POSITION OF FA DEPUTY DIRECTOR LSCC (FIRST READING (4/5 VOTE REQUIRE: RECOMMENDED ACTION Council adopt the resolutions and place the ordinance on first reading. SUMMARY In an effort to address the requests ofvarious departments, the Human Resources Department, in conjunction with the affected departments,is proposing the addition and deletion of certain classifications. Staff is also recommending approval of the revised Fiscal Year 2020-2021 Compensation Schedule effective July 17, 2020. ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality .Act (CEQA) and has determined that the activity is not a "Project)' as defined under Section 1.5378 of the State CEQA Guidelines; therefore, pursuant to Section 1 060(c)(3) of the State CEQA guidelines,the activity is not subject to CFC . Thus,no environmental review is required. PIi3ge I 1 2020-07-2 Agenda Packet, Page 423 of 711. BOARD/COMMISSION/COMMIT IIIrEE RECOMMENDATION N/A DISC'USSION 1. Classification Plan Changes Civil Service Rule 1.02(A),, which applies, to the City's classified positions, provides for necessary reviews and changes so that the City's classification p�lan is kept current, and that changes in existing classes, the establishment of new classes, or the abolition of classes are properly reflected in the classification plan. In an effort to address the needs of various departments and the City's workforce, the Human Resources Department, in conjunction with the affected departments, is proposing certain position changes. The following identifies the affected positions and proposed changes., Department Position Title FTE Economic Development Administrative Secretary -1.00 Administrative Technician 1.00 Police(Grants) FA Deputy Director SDLECC -2.00 FA Supervisory Intelligence Analyst 1.00 FA Deputy Director LSCC 3.00 Total City-Wide Position Changes(Net Increase/Decrease) 0.00 Summary of Updated Classification Position Title Bargaining Group 131-Weekly E Step FA Deputy Director L,E,CC SM $4,745.67 2. Compensation Schedule Requirement 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 2020-2021 Compensation Schedule ("Compensation Schedule"), was approved by the City Council at their meeting of June 9, 2020. This item ensures continued compliance with California Code of Regulations, Title 2, Section 570.5, by ensuring the City has an up-to- date,publicly approved Compensation Schedule. 3. Resolutions P 2 2020-07-28 Agenda Packet, Page 424 of 711 Approval of Resolution A will approve the addition and deletion of various position titles and amend the authorized position count in the, Economic Development and Police Departments with no net increase in authorized staffing. Approval of Resolution B will approve the revised Fiscal Year 2020-2,021 Compensation Schedule effective July 17, 20 O, to reflectm. (1) the addition of the FA Deputy Director LECC position title, (2) the deletion of the FA Deputy Director 5' LCC position title and (3) the negotiated 2,% equity adjustment for positions represented by the Chula Vista Police Officer's Association. 4. Uncla,ssified Ordi'nance Lastly, Chula Vista Municipal Code Section 2.05.010 requires updating to reflect the position changes impacting the unclassified positions. Chula Vista City Charter Section 500(a) requires that all unclassified positions not mentioned specifically in Charter Section 500(a) be adopted by ordinance. Adoption of the Ordinance will add the position title of FA Deputy Director LECC to Municipal Code section 2.05.010. 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 18702.4(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 City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT FISCAL IMPACT There is no fiscal impact to the position change in the Economic Development Department. The City is fully reimbursed for HIDTA positions and receives a 5% administrative fee to act as a fiscal agent. The current year cost of the position changes in the Police Department is approximately $32,339 and will be offset by personnel savings of current HIDTA vacant positions, resulting in no net fiscal impact. ONWING FISCAL IMPACT There is no ongoing fiscal impact to the position change in the Economic Development Department. For the position changes in the Police Department, the net cost is approximately $35,034 annually. 'The increased personnel cost will be fully offset by HIDTA funding. ATTACI IMENT Revised Fiscal Year 2020-2021 Compensation Schedule Effective July 17, 2020 P . ge 3 2020-07-28 Agenda Packet, Page 425 of 711 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHOLA VISTA AMENDING ENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND DELETION OF VARIOUS POSITION TITLES AND AMENDING THE AUTHORIZED POSITION COUNT IN THE ECONOMIC DEVELOPMENT ANIS POLICE DEPARTMENTS WITH NO NET INCREASE I1 AUTHORIZED STAFFING WHEREAS, Civil Service .Rule 1.02(A), which applies to the City's classified positions, provides for necessary reviews and changes so that the City's classification plan is kept current, and that changes in existing classes, the establishment of new classes or the abolition of classes are properly reflected in the classification plan, and WHEREAS, in an effort to address the requests of various departments, the Human. Resources Department, J department, is proposing. the certain artment i conjunction with the acts e position changes; and WHEREAS, a summary of the updated classification and the -Step salary is as follows: Position Title Bargaining Group 131-Weekly Stela FA Deputy Director LECC s $4)745.67 WHEREAS, the Fiscal Year 2021-2021 authorized position counts will be amended as follows, with no net increase in authorized staffing: Department Position"Title FTI Economic Development Administrative Secretary -1.00 ,Administrative Technician 1.00 Police(Grants) FA Deputy Director SDLECC -2.00 FA Supervisory Intelligence analyst -1.00 FA Deputy Director L ECC 3.00 Total City-Wide Position Charges(Net Increase/Decrease) 0.00 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the amendments to the Compensation Schedule and. Classification Plan to reflect the changes described above. Presented by Approved as to form by Courtney Chase Glen.R. Googins Director of Human .Resources/:Risk :Management City Attorney 2020-07-2 Agenda Packet, Page 426 of 711. RESOLUTION O. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CI- ULA VISTA APPROVING THE REVISED FISCAL YEAR 20/21 COMPENSATION SCHEDULE EFFECTIVE JULY 17, 2020, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 WHEREAS, 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; and WHEREAS, the Fiscal Year 2020-2021 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of June 9, 20�20�; and WHEREAS, any changes including but not limited to, across-the-board increases, classification changes and salary adjustments approved subsequent to this date, will be reflected on a revised Compensation Schedule and submitted to Council approval; and WHEREAS, the revised Fiscal Year 2020-2021 Compensation Schedule reflects: (1) the addition of the FA Deputy Director LC, position title, (2) the deletion of the FA Deputy Director SDLECC. position title and (3) the negotiated 2% equity adjustment for positions represented by the Chula Vista Police Officer's Association. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby does adopt, as required by California Code of Regulations Title 2, Section 570.5, the revised Fiscal Year 2020-2021 Compensation Schedule, a copy of which is available in the City Clerk's Office, to reflect: (1) the addition of the FA Deputy Director LECC position title,, (2) the deletion of the FA Deputy Director SDLECC position title and (3) the negotiated 2% equity adjustment for positions represented by the Chula Vista Police Officer's Association. Presented by Approved as, to form by Courtney Chase Glen R. Googins Director of Human. Resources/Risk Management City Attorney 2020-07-28 Agenda Packet, Page 427 of 711 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ADD THE UNCLASSIFIED POSITION OF FA DEPUTY DIRECTOR LECC (FIRST READING) (4/5 VOTE REQUIRED WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, the FA Deputy Director LECC position, given its duties and responsibilities, is an unclassified management position, within the meaning of Charter Section 701; 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 2.05.0 10 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 Secretary(Mayor, At Will), 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, Chief of Staff, Chief Sustainability Officer, City Engineer, City Librarian, Constituent Services Manager, Deputy City Manager, Deputy Fire Chief, Development Services Department Director, Director of Community Services, Director of Conservation and Environmental Services,, Director of Economic Development, Fire Division Chief, FA Accounting Technician, FA Administrative Analyst 1, FA Administrative Analyst 11, FA Analyst, FA Cyber Security Program Manager, FA De-puty Director LSCC FA Deputy Executive Director, FA Executive Director, FA Public Private Partnership and Exercise Program Manager, FA Director of San Diego Law Enforcement Coordination Center, FA Executive Assistant, FA Financial. Manager, FA Geospatial Intelligence Analyst, FA. Graphics Designer/Webmaster, FA IVDC-LSCC Executive Director, FA Law Enforcement Coordination Center Information Technology Manager, FA Intelligence Analyst, FA Management Assistant, FA Microcomputer Specialist, FA Network Administrator 1, FA Network Administrator 11, FA Network Administrator 111, FA Program Analyst, FA Program Assistant Supervisor, FA Program Manager, FA Network Engineer, FA Senior Financial Analyst, FA Senior Intelligence Analyst, FA Senior Program Assistant, FA Senior Secretary, FA Supervisory intelligence Analyst, Facilities Financing Manager,Finance Manager,Housing Manager,Human Resources Operations Manager, Information Technology Manager, Law Office Manager, Office Specialist (:Mayor's Office), Parks and Recreation Administrator, Performance and Organizational Development 2020-07-28 Agenda Packet, Page 428 of 711 Ordinance No. Page No. 2 Manager, Planning Manager, Police Administrative Services Administrator, Police Captain, Policy Aide, Public Works Superintendent, Purchasing Agent, Real Property Manager, Redevelopment and Housing Manager, Revenue Manager, Risk Manager, Senior Council Assistant, Smart Technology Officer, and Traffic Engineer. Section 11. 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 111. 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 Courtney Chase Glen R. Googins Director of Human Resources Risk Management City Attorney 2020-07-28 Agenda Packet, Page 429 of 711 CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ACCOUNTANT 3633 COW A $2,210.51 ACCOUNTANT 3633 COW B $2,321.04 ACCOUNTANT 3633 COW C $21437.10 ACCOUNTANT 3633 COW D $2,558.95 ACCOUNTANT 3633 COW E $2,686.89 ACCOUNTING ASST 3641 ACE A $11707.81 ACCOUNTING ASST 3641 ACE B $1,793.19 ACCOUNTING ASST 3641 ACE C $1,882.87 ACCOUNTING ASST 3641 ACE D $1,976.99 ACCOUNTING ASST 3641 ACE E $2,075.84 ACCOUNTING TECH 3643 COW A $1,880.10 ACCOUNTING TECH 3643 COW B $1,974.11 ACCOUNTING TECH 3643 COW C $2,072.82 ACCOUNTING TECH 3643 COW D $2,176.46 ACCOUNTING TECH 3643 COW E $2,285.28 ACCOUNTING TECH 3675 ACE A $1,880.10 ACCOUNTING TECH 3675 ACE B $1,974.11 ACCOUNTING TECH 3675 ACE C $2,072.82 ACCOUNTING TECH 3675 ACE D $2,176.46 ACCOUNTING TECH 3675 ACE E $2,285.28 ACCTG TECH 11 (T3647 COW A $2,160.38 ACCTG TECH 11 (T) 3647 COW B $2,268.39 ACCTG TECH 11 (T3647 CONF C $2,381.81 ACCTG TECH 11 (T) 3647COW D $2,500.90 ACCTG TECH 11 (T3647 CONF E $2,625.95 ACCTG TECH 11 (T) 3677' ACE A $2,160.38 ACCTG TECH 11 (T3677 ACE B $2,268.39 ACCTG TECH 11 (T) 3677' ACE C $2,381.81 ACCTG TECH 11 (T3677 ACE D $2,500.90 ACCTG TECH 11 (T) 3677' ACE E $2,625.95 ACCTS PYBLSUPS' 3645 ACE A $2,484.42 ACCTS IPYBL SUIPV 3645 ACE B $2,608.65 ACCTS PYBLSUPS' 3645 ACE C $2,739.08 ACCTS IPYBL SUIPV 3645 ACE D $2,876.03 ACCTS PY13L SUPV 3645 ACE E $3,019.82 ADMIN SEC 0149 COW A $2,110.46 ADMIN SEC 0149 COW B $2,215-99 ADMIN SEC 0149 COW C $2,326.78 ADMIN SEC 0149 COW D $2,443.12 ADMIN SEC 1 0149 1 COW I E 1 $2,565.28 All position titles designated as Executive(""EXEC")or Senior Management("'SM"')have salary bands with a minimum(""Step A")and maximum("'Step F)salary;salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ADMIN SEC O179 ACE A $2,110.46 ADMIN SEC 0179 ACE B $2,215.99 ADMIN SEC 0179 ACE C $2,3.26.78 ADMIN SEC 0179 ACE D $2,443.12 ADMIN SEC 0179 ACE E $2,565.28 ADMIN SEC-MYR 0154 CONF A $2,110.46 ADMIN SEC-MYR O154 CONF B $2,215.99 ADMIN SEC-MYR 0154 CONF C $2,326.78 ADMIN SEC-MYR O154 CONF D $2,443.12. ADMIN SEC-MYR 0154 CONF E $2,565.28 ADMIN SVCS MGR 0215 Sm A $3,785.84 ADMIN SVCS MIGR 9215 Sm B $0.00 ADMAN SVCS MICR O215 Sm C $0.00, ADMIN SVCS MIGR 0215 Sm D $0.00 ADMAN SVCS MICR 0215 Sm E $4,601.72 ADMIN TECH 0147 CONT A $2,110.46 ADMAN TECH 0147 CONF B $2,215.99 ADMIN TECH 0147 CONT C $2,326.78 ADMAN TECH 0147 CONF D $2,443.12 ADMIN TECH 0147 CONT E $2,565.28 ADMAN TECH 0181 ACE A $2,110.46 ADMIN TECH 0181 ACE B $2,215.99 ADMAN TECH 0181 ACE C $2,326.78 ADMIN TECH 0181 ACE D $2,443.12 ADMAN TECH 0181 ACE E $2,565.28 ANIML ADPDTN CN 5310 ACE A $1,826.24 ANIML ADPDTN CN 5310 ACE B $1,917.54 ANIML ADPDTN CN 5310 ACE C $2,013.42 ANIML ADPDTN CN 5310 ACE D $2,114.08 ANIML ADPDTN CN 5310 ACE E $2,219.80 ANIML CR AIDE 5316 UCHR A $1,059.90 ANIML CR AIDE 5316 UCHR B $1,112.89 ANIML CR AIDE 5316 UCHR C $1,168.53 ANIML CR AIDE 5316 UCHR D $1,226.96 ANIML CR AIDE 5316 U�CHR E $1,288.31 ANIML CR FC ADM 5327 Sm A $4,411.07 ANIML CR FC ADM 532,7 Sm B $4,631-63 ANIML CR FC ADM 5327 Sm C $4,863.20 ANIML CR FC ADM 532,7 Sm D $5,106.36 ANIML CR FC ADM 5327 Sm E $5,361.68 ANIML CR SPEC 5343 ACE A $1,531.33 ANIML CR SPEC 5343 ACE B $1,607.89 ANIML CR SPEC 5343 ACE C $1,688.28 ANIML CR SPEC 5343 ACE D $1,772.71 ANIML CR SPEC 5343 ACE E $1,861-34 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 iUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ANIML CR SPEC 5344 UCHR A $1,531.33 ANIML CR SPEC 5344 UCHR B $11607.89 ANIML CR SPEC 5344 UCHR C $1,688.28 ANIML CR SPEC 5344 UCHR D $1,772.71 ANIML CR SPEC 5344 UCHR E $1,861.34 ANIML CR SU PV 5319 ACE A $2,126.42 ANIML CR SUPV 5319 ACE B $2,232.74 ANIML CR SU PV 5319 ACE C $2,344.38 ANIML CR SU PV 5319 ACE D $2,461.60 ANIML CR SU PV 5319 ACE E $2,584.67 ANIML CT OFF 5303 ACE A $1,,837'.58 ANIML CT OFF 5303 ACE B $1,929.46 ANIML CT OFF 5303 ACE C $2,025.94 ANIML CT OFF 5303 ACE D $21127.24 ANIML CT OFF 5303 ACE E $2,233.61 ANIML CT OFF 5305 UCHR A $11837.58 ANIML CT OFF 5305 UCHR B $1,929.46 ANIML CT OFF 5305 UCHR C $2,025.94 ANIML CT OFF 5305 UCHR D $2,127.24 ANIML CT OFF 5305 UCHR E $2,233.61 ANIML CTL OF SP 5304 ACE A $2,113.23 ANIML CTL OF SP 5304 ACE B $2,218.88 ANIML CTL OF SP 5304 ACE C $2,329.83 ANIML CTL OF SP 5304 ACE D $2,446.32 ANIML CTL OF SP 5304 ACE E $2,568.65 ANIML SVCS SPEC 5309 ACE A $1,670.54 ANIML SVCS SPEC 5309 ACE B $1,754.07 ANIML SVCS SPEC 5309 ACE C $11841.77 ANIML SVCS SPEC 5309 ACE D $1,933.86 ANIML SVCS SPEC 5309 ACE E $2,030.54 APPL SUPP MGR 3083 mm A $3,546.37 APPL SUPP MGR 3083 mm B $3,723.69 APPL SUPP MGR 3083 mm C $3,909.87 APPL SUPP MGR 3083 mm D $4,105.36 APPL SUPP MGR 3083 mm E $4,310.63 APPL SUPP SPEC 3088 PROF A $3,089.39 APPL SUPP SPEC 3088 PROF B $3,243.85 APPL SUPP SPEC 3088 PROF C $3,406.05 APPL SUPP SPEC 3088 PROF D $3,576.35 APPL SUPP SPEC 3088 PROF E $3,755.17 AQU�ARIST 7741 ACE A $1,902.18 AQUARlST 7741 ACE B $1,997.26 AQU�ARIST 7741 ACE C $2,097.13 AQUARlST 7741 ACE D $2,202.00 AQU�ARIST 7741 ACE E $2,312.10 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*�;igkgMn. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* AQUATIC SUP 1 7579 ACE A $1,950.83 AQUATIC SUP 1 7579 ACE B $2,048.36 AQUATIC SUP 1 7579 ACE C $2,,150.79 AQUATIC SUP 1 7579 ACE D $2,258.32 AQUATIC SUP 1 7579 ACE E $2,371.23 AQUATIC SUP 11 7577 ACE A $2,145.90 AQUATIC SUP 11 7577 ACE B $2,253.19 AQUATIC SUP 11 7577 ACE C $2,365.86 AQUATIC SUP 11 7577 ACE D $2,484.15 AQUATIC SUP 11 7577 ACE E $2,608.36 AQUATIC SUP 111 7575 ACE A $2,4+57.80 AQUATIC SUP 111 7575 ACE B $2,591.19 AQUATIC SUP 111 7575 ACE C $2,720.75 AQUATIC SUP 111 7575 ACE D $2,856.79 AQUATIC SUP 111 7575 ACE E $2,999.63 ASSOC ACCT 3635 CONF A $2,431.57 ASSOC ACCT 3635 CONF B $2,553.15 ASSOC ACCT 3635 CONF C $2,680.80 ASSOC ACCT 3635 CONF D $2,814.84 ASSOC ACCT 3635 CONF E $2,955.59 ASSOC ACCT II (T) 3637CONF A $2,792.01 ASSOC ACCT III (T) 3637 CONF B $2,931.60 ASSOC ACCT II (T) 3637 CONF C $3,078.18 ASSOC ACCT III (T) 3637' COW D $3,232.09 ASSOC ACCT II (T) 3637 CONF E $3,393.69 ASSOC ENGINEER 6017' WCE A $3,362.59 ASSOC ENGINEER 6017 WCE B $3,530.72 ASSOC ENGINEER 6017' WCE C $3,707.27 ASSOC ENGINEER 6017 WCE D $3,,892.63 ASSOC ENGINEER 6017' WCE E $4,087.25 ASSOC I-ND SRVYR 6287 WCE A $3,362.59 ASSOC LNC SRVYR 6287' WCE B $31530.72 ASSOC I-ND SRVYR 6287 WCE C $3,707.27 ASSOC LND SRVYR 6287' WCE D $3,892.63 ASSOC LND SRVYR 6287 WCE E $4,087.25 ASSOC, PLANNER 4437 ACE A $2,768.33 ASSOC PLANNER 4437 ACE B $21906.75 ASSOC, PLANNER 4437 ACE C $3,052.08 ASSOC PLANNER 4437 ACE D $31204.70 ASSOC, PLANNER 4437 ACE E $3,364.93 ASSOC PLN CK EN 4747 WCE A $3,362-59 ASSOC, PLN CK EN 4747 WCE B $3,530.72 ASSOC PLN CK EN 4747 WCE C $3,707.27 ASSOC, PLN CK EN 4747 WCE D $3,892.63 ASSOC PLN CK EN 4747 WCE E $4,087.25 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*A094'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ASST CHF OF POL 5011 Sm A $5,472.03 ASST CHF OF POL 5011 Sm B $0.00 ASST CHF OF POL 5011 Sm C $0..00 ASST CHF OF POL 5011 Sm D $0.00 ASST CHF OF POL 5011 Sm E $6,651.29 ASST CITY ATTY 2405 Sm A $5,842.52 ASST CITY ATTY 2405 Sm B $6,134.67 ASST CITY ATTY 2405 Sm C $6,441.39 ASST CITY ATTY 2405 Sm D $6,,759.87 ASST CITY ATTY 2405 Sm E $7,101.63 ASST CITY CLERK 2210 Sm A $3,3.25.87 ASST CITY CLERK 2.210 Sm B $3,492.17 ASST CITY CLERK 2210 Sm C $3,666.78 ASST CITY CLERK 2.210 Sm D $3,850.10 ASST CITY CLERK 2210 Sm E $4,042.71 ASST CITY MGR 2707 EXEC A $7,559.20 ASST CITY MIGR 2707 EXEC B $0.00, ASST CITY MGR 2707 EXEC C $0.00 ASST CITY MIGR 2707 EXEC D $0.00, ASST CITY MGR 2707 EXEC E $9,131.13 ASST DIR OF IDS 4040 Sm A $5,851.69 ASST DIR OF IDS 4040 Sm B $0.00 ASST DIR OF IDS 4040 Sm C $0.00, ASST DIR OF IDS 4040 Sm D $0.00, ASST DIR OF IDS 4040 Sm E $7,112.77 ASST DIR OF ENG 6008 Sm A $5,355.14 ASST DIR OF ENG 6008 Sm B $0.00, ASST DIR OF ENG 6008 Sm C $0.00, ASST DIR OF ENG 6008 Sm D $0.00, ASST DIR OF ENG 6008 Sm E $6,465.21 ASST DIR OF FIN 3604 Sm A $5,058.57 ASST DIR OF FIN 3604 Sm B $0.00, ASST DIR OF FIN 3604 Sm C $0.00, ASST DIR OF FIN 3604 Sm D $0.00, ASST DIR OF FIN 3604 Sm E $6,107.18 ASST DIR OF HR 3304 Sm A $5,089.32 ASST DIR OF HR 3304 Sm B $0.00, ASST DIR OF HR 3304 Sm C $0.00, ASST DIR OF HR 3304 Sm D $0.00, ASST DIR OF HR 3304 Sm E $6,107.18 ASST DIR OF PW 632,2 Sm A $5,355-14 ASST DIR OF PW 6322 Sm B $0.00, ASST DIR OF PW 632,2 Sm C $0.00 ASST DIR OF PW 6322 Sm D $6,322.08 ASST DIR OF PW 632,2 SM E $6,465.21 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ASST D I R OF REC 7401 Sm A $4,,178.70 ASST DIR OF REC 7401 Sm B $0.00 ASST D I R OF REC 7401 Sm C $0.00 ASST DIR OF REC 7401 Sm D $0.00 ASST COIR OF REC 7401 Sm E $5,079.23 ASST ENGINEER 6015 INCE A $2,924.00 ASST ENGINEER 6015 WCE B $3,070.20 ASST ENGINEER 6015 INCE C $3,223.72 ASST ENGINEER 6015 WCE D $3,384.90 ASST ENGINEER 6015 INCE E $3,554.14 ASST L &RVYR 6289 WCE A $2,924.00 ASST I-ND SRVYR 6289 INCE B $3,070.20 ASST LNC SRVYR 6289 INCE C $3,223.72 ASST I-ND SRVYR 6289 INCE D $3,384.90 ASST LNC SRVYR 6289 INCE E $3,554.14 ASST PLANNER 4439 ACE A $2,516.68 ASST PLANNER 4439 ACE B $2,642.50 ASST PLANNER 4439 ACE C $2,774.63 ASST PLANNER 4439 ACE D $2,913.35 ASST PLANNER 4439 ACE E $3,059.02 ASST PLN CK ENG 4749 INCE A $2,924.00 ASST PLN CK ENG 4749 WCE B $3,070.20 ASST PLN CK ENG 4749 INCE C $3,223.7,2 ASST PLN CK ENG 4749 INCE D $3,384.90 ASST PLN CK ENG 4749 INCE E $3,554.14 AUTO FGRPT TECH 5123 ACE A $1,670.54 AUTO FGRPT TECH 5123 ACE B $1,754.07 AUTO FGRPT TECH 5123 ACE C $11841.77 AUTO FGRPT TECH 5123 ACE D $1,933.86 AUTO FGRPT TECH 5123 ACE E $2,030.54 BENEFITS MICR 3404 MMCF A $3,767.59 BENEFITS MGR 3404 MMCF B $3,955.96 BENEFITS MICR 3404 MMCF C $4,153.76 BENEFITS MGR 3404 MMCF D $4,361.45 BENEFITS MGR 3404 MMCF E $4,579-52 BG IT&ANLYS MGR 2222 Sm A $4,307.54 BCT&ANLYS MGR 2,22,2 Sm B $4,522.91 BG IT&ANLYS MGR 2222 Sm C $4,781.37 BCT&ANLYS MGR 2,22,2 Sm D $0.00, BG IT&ANLYS MGR 2222 Sm E $5,235.84 BLDG INSP 1 4771 ACE A $2,437.01 BLDG IN&P 1 4771 ACE B $2,558.86 BLDG INSP 1 4771 ACE C $2,686.81 BLDG IN&P 1 4771 ACE D $2,821.15 BLDG INSP 1 4771 ACE E $2,962.20 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 iUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* BLDG INSP 11 4773 ACE A $2,080.72. BLDG INSP 11 4773 ACE B $2,814.76 BLDG INSP 11 4773 ACE C $2,955.49 BLDG INSP 11 4773 ACE D $3,103.28 BLDG INSP 11 4773 ACE E $3,258.44 BLDG INSP 111 4775 ACE A $2,948.79 BLDG INSP 111 4775 ACE B $3,096.23 BLDG INSP 111 4775 ACE C $3,251.05 BLDG INSP 111 4775 ACE D $3,413.59 BLDG INSP 111 4775 ACE E $3,584.27 BLDG INSP MGR 4769 mm A $3,544.56 BLDG INSP MGR 4769 mm B $3,721.79 BLDG INSP IVIGR 4769 mm C $3,907.88 BLDG INSP MGR 4769 mm D $4,103.27 BLDG INSP IVIGR 4769 mm E $4,308.44 BLDG OFF/CE MGR 4780 SM A $5,312.61 BLDG OFF/CE MGR 4780 Sm B $0.00, BLDG OFF/CE MGR 4780 Sm C $0.00 BLDG OFF/CE MGR 4780 Sm D $0.00, BLDG OFF/CE MGR 4780 Sm E $61457.53 BLDG PROJ IVIGR 6412 PROF A $3,448.56 BLDG PROJ IVIGR 6412 PROF B $3,620.99 BLDG PROJ IVIGR 6412 PROF C $3,,802.04 BLDG PROJ MGR 6412 PROF D $3,992.14 BLDG PROJ IVIGR 6412 PROF E $x4,191.75 BLDG SVCS SUPV 6669 ACE A $2,356.22 BLDG SVCS SUPV 6669 ACE B $2,474.03 BLDG SVCS SUPV 6669 ACE C $21597.74 BLDG SVCS SUPV 6669 ACE D $2,727.62 BLDG SVCS SUPV 6669 ACE E $2,864.01 BUSINSS LIC REP 4505 ACE A $1,707.81 BUSINSS LIC REP 4505 ACE B $1,793.19 BUSINSS LIC REP 4505 ACE C $1,882.87 BUSINSS LIC REP 4505 ACE D $1,976.99 BUSINSS LIC REP 4505 ACE E $2,075.84 C& R SUPVR 6427 ACE A $2,953.04 C& R SUPVR 642,7 ACE B $31100.71 C& R SUPVR 6427 ACE C $3,255.74 C& R SUPVR 642,7 ACE D $3,418-52 C& R SUPVR 6427 ACE E $3,589.45 CARPENTER 6444 ACE A $2,126-59 CARPENTER 6444 ACE B $2,232.91 CARPENTER 6444 ACE C $2,344-56 CARPENTER 6444 ACE D $2,461.80 CARPENTER 6444 ACE E $2,584.89 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* CASHIER 3669 ACE A $1,418.29 CASHIER 3669 ACE B $1,489.21 CASHIER 3669 ACE C $1,563.67 CASHIER 3669 ACE D $1,641.85 CASHIER 3669 ACE E $1,7.23.94 CHIEF OF POLICE 5001 EXEC A $7,149.84 CHIEF OF POLICE 5001 EXEC B $0..00, CHIEF OF POLICE 5001 EXEC C $8,265.18 CHIEF OF POLICE 5001 EXEC D $0..00, CHIEF OF POLICE 5001 EXEC E $8,690.70 CHIEF OF STAFF 2011 MMUC A $2,939.85 CHIIEF OF STAFF 2011 MMUC B $3,086.84 CHIIEF OF STAFF 2011 MMUC C $3,241.18 CHIIEF OF STAFF 2011 MMUC D $3,403.24 CHIEF OF STAFF 2011 MMUC E $3,573.41 CHIIEF SUST OFF 2729 Sm A $5,058.58 CHIEF SUST OFF 2729 Sm B $0.00, CHIIEF SUST OFF 2729 Sm C $0.00 CHIEF SUST OFF 2729 Sm D $5,971.96 CHIIEF SUST OFF 2729 Sm E $61107.18 C I TY ATTY(EL) 2400 CATV A $0.00, C I TY ATTY(EL) 2400 CATY B $0.00 C I TY ATTY(EL) 2400 CATV C $0.00, CITY ATTY(EL) 2400 CATV D $0.00, CITY ATTY(EL) Eff07101112019 2400 CATV E $8,253.89 . CITY ATTY INV 2435 CONF A $2,511.13 CITY ATTY INV 2435 CONF B $2,636.68 CITY ATTY INV 2435 CONF C $2,768.52 CITY ATTY INV 2435 CONF D $2,906.94 CITY ATTY INV 2435 CONF E $3,052.29 CITY CLERK 2201 CCLK A $4,°990.°94 CITY CLERK 2201 CCLK B $0.00, CITY CLERK 2201 CCLK C $0.00, CITY CLERK 2201 CCLK D $5,202.00 CITY CLERK 2201 CCLK E $6,066-52 CITY CLERK ANLT 2221 PROF A $3,013.37 CITY CLERK ANLT 2,22,1 PROF B $3,164.04 CITY CLERK ANLT 2221 PROF C $3,322.24 CITY CLERK ANLT 2,22,1 PROF D $3,488.35 CITY CLERK ANLT 2221 PROF E $3,662.77 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*�74AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* CITY ENGINEER 6010 Sm A $5,094.69 CITY ENGINEER 6010 Sm B $0.00 CITY ENGINEER 6010 Sm C $0..00, CITY ENGINEER 6010 Sm D $0.00 CITY ENGINEER 6010 Sm E $6,192.61 CITY LIBRARIAN 7007 Sm A $4,604.04 CITY LIBRARIAN 7007 Sm B $4,834.23 CITY LIBRARIAN 7007 Sm C $5,075.95 CITY LIBRARIAN 7007 Sm D $5,,329.74 CITY LIBRARIAN 7007 Sm E $5,596.23 CITY MANAGER 2710 CMGR A $0..00, CITY IMANIACER 2710 CMGR B $0.00 CITY MANAGER 2710 CMGR C $0.00, CITY IMANIACER 2.710 CMGR D $0.00 CITY MANAGER 2710 CMGR E $10,,961.54 CIVIL BKGRD INV 5429 ACE A $2,021.35 CIVIL BKG RD INV 5429 ACE B $2,1.22.41 CIVIL BKGRD INV 5429 ACE C $2,228.53 CIVIL BKG RD INV 5429 ACE D $2,339.95 CIVIL BKGRD INV 5429 ACE E $2,456.95 CIVIL BKG RD INV 5430 UCHR A $2,021.35 CIVIL BKGRD INV 5430 UCHR B $2,122.41 CIVIL BKG RD INV 5430 UCHR C $2,228.53 CIVIL BKGRD INV 5430 UCHR D $2,339.95 CIVIL BKG RD INV 5430 UCHR E $2,456.95 CIVIL IDOL INV 5431 UCHR A $2,063.15 CIVIL POL INV 5431 UCHR B $2,166.32 CIVIL IDOL INV 5431 UCHR C $2,274.63 CIVIL POL INV 5431 UCHR D $2,388.36 CIVIL IDOL INV 5431 UCHR E $21507.78 CLERICAL AIDE, 0241 UCHR A $0.00, CLERICAL AIDE 0241 UCHR B $0.00, CLERICAL AIDE, 0241 UCHR C $0.00, CLERICAL AIDE 0241 UCHR D $0.00, CLERICAL AIDE, 0241 U�CHR E $1,040.00 CLT ARTS IPM MGR 4435 PROF A $3,193.61 CLT ARTS PM MGR 4435 PROF B $3,353.29 CLT ARTS IPM MGR 4435 PROF C $3,520.95 CLT ARTS PM MGR 4435 PROF D $3,697.00 CLT ARTS IPM MGR 4435 PROF E $3,881.85 CODE ENF OFF 1 4777 ACE A $2,116.81 CODE ENF OFF 1 4777 ACE B $2,222.66 CODE ENF OFF 1 4777 ACE C $21333.78 CODE ENF OFF 1 4777 ACE D $2,450.48 CODE ENF OFF 1 4777 ACE E $2,573.00 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* CODE ENF OFF 11 4778 UCHR A $2,328.49 CODE ENF OFF 11 4778 UCHR B $2,444.92 CODE ENF OFF 11 4778 UCHR C $2,,567'.17 CODE ENF OFF 11 4778 UCHR D $2,695.52 CODE ENF OFF 11 4778 UCHR E $2,830.31 CODE ENF OFF 11 4779 ACE A $2,328.49 CODE ENF OFF 11 4779 ACE B $2,444.92 CODE ENF OFF 11 4779 ACE C $21567.17 CODE ENF OFF 11 4779 ACE D $2,695.52. CODE ENF OFF 11 4779 ACE E $2,830.31 CODE ENF TECH 4789 ACE A $1,840.70 CODE ENF TECH 4789 ACE B $1,932.75 CODE ENF TECH 4789 ACE C $2,029.38 CODE ENF TECH 4789 ACE D $2,130.85 CODE ENF TECH 4789 ACE E $2,237.39 COLLECTIONS SUP 3683 mm A $2,942.72 COLLECTIONS SUP 3683 mm B $3,089.86 COLLECTIONS SUP 3683 mm C $3,244.35 COLLECTIONS SUP 3683 mm D $3,406.57 COLLECTIONS SUP 3683 mm E $3,576.89 COMMTY SERV OFF 5141 ACE A $1,670.54 COMMTY SERV OFF 5141 ACE B $1,754.07 COMMTY SERV OFF 5141 ACE C $1,841.77 COMMTY SERV OFF 5141 ACE D $1,933.86 COMMTY SERV OFF 5141 ACE E $2,030.54 CONSTIT&RV REP 2039 COW A $0.00, CONSTIT SRV REP 2039 CONF B $0.00, CONSTIT&RV REP 2039 COW C $0.00, CONSTIT SRV REP 2039 CONF D $0.00, CONSTIT&RV REP 2039 COW E $1,959.15 CONSVTN SPEC 1 6200 ACE A $1,924.37 CONSVTN SPEC 1 6200 ACE B $2,020.60 CONSVTN SPEC 1 6200 ACE C $2,121.64 CONSVTN SPEC 1 6200 ACE D $21227.70 CONSVTN SPEC 1 6200 ACE E $2,339.09 CONSVTN SPEC 11 6202 ACE A $2,116.81 CONSVTN SPEC 11 6202 ACE B $2,222-66 CONSVTN SPEC 11 6202 ACE C $2,333.78 CONSVTN SPEC 11 6202 ACE D $2,450.48 CONSVTN SPEC 11 6202 ACE E $2,573.00 COUNCIL ASST 2023, , U�CHR A $1,832.86 COUNCIL ASST 2023 UCHR B $1,924.50 COUNCIL ASST 2023, , UCHR C $21020.73 COUNCIL ASST 2023 UCHR D $2,121.76 COUNCIL ASST 2023, , UCHR E $2,227.85 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* COUNICILPERSON 2003 CL A $0..00 COUNCILPERSON 2003 CL B $0.00 COUNICILPERSON 2003 CL C $0..00 COUNCILPERSON 2003 CL D $0.00 COUNCILPERSON 2003 CL E $2,179.03 Eff.0710112'019 CRIME LAB MGR 5101 MM A $3,810.62 CRIME LAB MGR 5101 MM B $4,001.15 CRIME LAB MGR 5101 MM C $4,201.21 CRIME LAB MGR 5101 MM D $4,411.27 CRIME LAB MGR 5101 MM E $4,631.83 CUSTODIAL SPUR 6667ACE A $1,953.79 CUSTODIAL SPVR 6667 ACE B $2,051.49 CUSTODIAL SPUR 6667' ACE C $2,154.07 CUSTODIAL SPVR 6667 ACE D $2,261.77 CUSTODIAL SPUR 6667' ACE E $2,374.86 CUSTODIAN 6661 ACE A $1,544.49 CUSTODIAN 6661 ACE B $1,621.71 CUSTODIAN 6661 ACE C $1,702.80 CUSTODIAN 6661 ACE D $1,787.95 CUSTODIAN 6661 ACE E $11877.34 CUSTODIAN 6662 UCHR A $1,544.49 CUSTODIAN 6662 UCHR B $11621.71 CUSTODIAN 6662 UCHR C $1,702.80 CUSTODIAN 6662 UCHR D $1,787.95 CUSTODIAN 6662 UCHR E $1,877.34 DELIVERY DRIVER 7191 ACE A $11415.79 DELIVERY DRIVER 7191 ACE B $1,486.59 DELIVERY DRIVER 7191 ACE C $1,560.92 DELIVERY DRIVER 7191 ACE D $1,638.97 DELIVERY DRIVER 7191 ACE E $1,720.90 DEP CTY ATY 1 2410 PRUC A $3,526.29 DEP CTY ATY 1 2410 PRUC B $3,702.60 DEP CTY ATY 1 2410 PRUC C $3,,887.73 DEP CTY ATY 1 2410 PRUC D $4,082.12 DEP CTY ATY 1 2410 PRUC E $4,286.23 DEP CTY ATY 11 2408 PRUC A $4,231.53 DEP CTY ATY 11 2,408 PRUC B $4,443.11 DEP CTAT 11 2408 PRUC C $4,665.26 DEP CTY ATY 11 2,408 PRUC D $4,898-53 DEP CTY ATY 11 2408 PRUC E $5,143.45 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* DEP CTY ATY 111 2411 Sm A $5,259.34 DEP CTY ATY 111 2411 Sm B $5,522.32 DEP CTY ATY 111 2411 Sm C $5,798.43 DEP CTY ATY 111 2411 Sm D $6,088.35 DEP CTY ATY 111 2411 Sm E $6,392.74 DEP CTY CLK 1 2245 PRUC A $2,180.56 DEP CTY CLK 1 2245 PRUC B $2,289.59 DEP CTY CLK 1 2245 PRUC C $2,404.07 DEP CTY CLK 1 2245 PRUC D $2,524.27 DEP CTY CLK 1 2245 PRUC E $2,650.49 DEP CTY CLK 11 2243 PRUC A $2,398.62. DEP CTY CLK 11 2243 PRUC B $2,518.55 DEP CTY CLK 11 2243 PRUC C $2,644.48 DEP CTY CLK 11 2.243 PRUC D $2,776.71 DEP CTY CLK 11 2243 PRUC E $2,915.54 DEP CTY MGR 2705 EXEC A $7,882.52 DEP CTY MGR 2705 EXEC B $0.00, DEP CTY MGR 2705 EXEC C $0.00 DEP CTY MGR 2705 EXEC D $0.00, DEP CTY MGR 2705 EXEC E $8,730.72 DEP FIRE CHIEF 5505 Sm A $5,440.25 DEP FIRE CHIEF 5505 Sm B $0.00 DEP FIRE CHIEF 5505 Sm C $0.00, DEP FIRE CHIEF 5505 Sm D $0.00, DEP FIRE CHIEF 5505 Sm E $6,612.68 DET FACILTY MGR 5130 mm A $3,810.62 DET FACILTY MGR 5130 mm B $4,001.15 DET FACILTY MGR 5130 mm C $4,201.21 DET FACILTY MGR 5130 mm D $4,411.27 DET FACILTY MGR 5130 mm E $4,631.83 DEV AUTO SPEC 4718 PROF A $3,046.34 DEV AUTO SPEC 4718 PROF B $3,198.66 DEV AUTO SPEC 4718 PROF C $3,358.59 DEV AUTO SPEC 4718 PROF D $3,526.52 DEV AUTO SPEC 4718 PROF E $3,702.85 DEV&RV CTR IMGR 4547 mm A $3,675.95 DEV SRV CTR MGR 4547 mm B $31859.75 DEV&RV CTR IMGR 4547 mm C $4,052.73 DEV SRV CTR MGR 4547 mm D $4,255.37 DEV&RV CTR IMGR 4547 mm E $4,468.14 DEV SRV TCH 1 4542 ACE A $1,741.19 DEV&RV TCH 1 4542 ACE B $1,828.26 DEV SRV TCH 1 4542 ACE C $1,919.66 DEV&RV TCH 1 4542 ACE D $2,015.65 DEV SRV TCH 1 4542 ACE E $21116.44 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*1i9AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* DEV SRV TCH 1 4540 UCHR A $1,741.19 DEV SRV TCH 1 4540 UCHR B $1,828.26 DEV SRV TCH 1 4540 UCHR C $1,919.66 DEV SRV TCH 1 4540 UCHR D $2,015.65 DEV SRV TCH 1 4540 UCHR E $2,116.44 DEV SRV TCH 11 4541 ACE A $1,915.32 DEV SRV TCH 11 4541 ACE B $2,011.07 DEV SRV TCH 11 4541 ACE C $2,111.62 DEV SRV TCH 11 4541 ACE D $21217.21 DEV SRV TCH 11 4541 ACE E $2,328.07 DEV SRV TCH 11 4544 UCHR A $1,915.32. DEV SRV TCH 11 4544 UCHR B $2,011.07 DEV SRV TCH 11 4544 UCHR C $2,111.62 DEV SRV TCH 11 4qAA 0-r-r UCHR D $21217.21 DEV SRV TCH 11 4544 UCHR E $2,328.07 DEV SRV TCH 111 4543 ACE A $2,202.60 DEV SRV TCH 111 4543 ACE B $2,312.74 DEV SRV TCH 111 4543 ACE C $2,428.38 DEV SRV TCH 111 4543 ACE D $2,549.79 DEV SRV TCH I11 4543 ACE E $21677.29 DGTL FOR TCH 1 5245 ACE A $1,977.88 DGTL FOR TCH 1 5245 ACE B $2,076.78 DGTL FOR TCH 1 5245 ACE C $2,180.62 DGTL FOR TCH 1 5245 ACE D $2,289.65 DGTL FOR TCH 1 5245 ACE E $2,404.13 DGTL FOR TCH 11 5243 ACE A $2,274.57 DGTL FOR TCH 11 5243 ACE B $2,388.30 DGTL FOR TCH 11 5243 ACE C $21507.71 DGTL FOR TCH 11 5243 ACE D $2,633.10 DGTL FOR TCH 11 5243 ACE E $21764.75 DIR OF COM SVCS 7004 EXEC A $6,060.40 DIR OF COM SVCS 7004 EXEC B $0.00, DIR OF COM SVCS 7004 EXEC C $0.00, DIR OF COM SVCS 7004 EXEC D $0.00, DIR OF COM SVCS 7004 EXEC E $71366.72 A DIR OF DEV SVCS 4039 EXEC A $6,528.01 DIR OF DEV SVCS 4039 EXEC B $0.00, DIR OF DEV SVCS 4039 EXEC C $0.00, DIR OF DEV SVCS 4039 EXEC D $7,809-62 DIR OF DEV SVCS 4039 EXEC E $7,935.89 DIR OF ECON DEV 2,734 EXEC A $6,528.01 DIR OF ECON DEV 2734 EXEC B $0.00, DIR OF ECON DEV 2,734 EXEC C $0.00 DIR OF ECON DEV 2734 EXEC D $0.00, DIR OF ECON DEV 2,734 EXEC E $7,935.89 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*;i9AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* DIR OF ENG/CE 6006 EXEC A $6,528.00 DIR OF ENG/CE 6006 EXEC B $0.00 DIR OF ENG/CE 6006 EXEC C $0..00, DIR OF ENG/CE 6006 EXEC D $0.00 DIR OF ENG/CE 6006 EXEC E $7,934.82. DIR OF FINANCE 3601 EXEC A $6,575.01 DIR OF FINANCE 3601 EXEC B $0..00, DIR OF FINANCE 3601 EXEC C $7,366.74 DIR OF FINANCE 3601 EXEC D $0..00, DIR OF FINANCE 3601 EXEC E $7,934.82 DIR OF HR/RM 3300 EXEC A $6,528.00 DIR OF HR/RM 3300 EXEC B $0.00 DIR OF HR/RM 3300 EXEC C $0.00, DIR OF HR/RM 3300 EXEC D $0.00 DIR OF HR/RM 3300 EXEC E $7,934.82 DIR OF ITS 3001 EXEC A $6,060.41 DIR OF ITS 3001 EXEC B $0.00, DIR OF ITS 3001 EXEC C $6,681.59 DIR OF ITS 3001 EXEC D $0.00, DIR OF ITS 3001 EXEC E $7,366.71 DIR OF PW 6320 EXEC A $6,528.00 DIR OF PW 6320 EXEC B $0.00 DIR OF PW 6320 EXEC C $0.00, DIR OF PW 6320 EXEC D $0.00, DIR OF PW 6320 EXEC E $7,934.82 ECON IDEV SPC 1 2747 ACE A $2,306.94 ECON DEV SPC 1 2747 ACE B $2,422.29 ECON IDEV SPC 1 2747 ACE C $2,543.40 ECON DEV SPC 1 2747 ACE D $2,670.57 ECON IDEV SPC 1 2747 ACE E $2,804.10 ECON DEV SPC 11 2749 ACE A $2,768.33 ECON IDEV SPC 11 2749 ACE B $21906.75 ECON DEV SPC 11 2749 ACE C $3,052.08 ECON IDEV SPC 11 2749 ACE D $31204.70 ECON DEV SPC 11 2,749 ACE E $3,364.93 ELEC TECH 6475 ACE A $2,456.28 ELEC TECH 6475 ACE B $2,579.09 ELEC TECH 6475 ACE C $2,708.05 ELEC TECH 6475 ACE D $2,843.44 ELEC TECH 6475 ACE E $2,985.62 ELEC TECH SUPV 6472 ACE A $21824.72 ELEC TECH SUPV 6472 ACE B $2,965.96 EL,EC TECH SUPV 6472 ACE C $3,114.25 ELEC TECH SUPV 6472 ACE D $3,269.97 EL,EC TECH SUPV 6472 ACE E $3,433.45 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*A094'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ELEC/EQUIP INST 6492 ACE A $2,029.94 ELEC/EQUIP IT 6492 ACE B $2,131.43 ELEC/EQUIP INST 6492 ACE C $2,238.00 ELEC/EQUIP INS T 6492 ACE D $2,349.91 ELEC/EQUIP INST 6492 ACE E $2,4+57.40 ELECTRICIAN 6438 ACE A $2,232.92 ELECTRICIAN 6438 ACE B $2,344.57 ELECTRICIAN 6438 ACE C $2,461.81 ELECTRICIAN 6438 ACE D $2,584.90 ELECTRICIAN 6438 ACE E $2,714.13 EMRG SVCS COORD 5564 PROF A $3,175.41 EMRG SVCS COORD 5564 PROF B $3,334.19 EMRG SVCS COORD 5564 PROF C $3,500.89 EMRG SVCS COORD 5564 PROF D $3,675.94 EMRG SVCS COORD 5564 PROF E $3,859.74 EMS EDUCATOR 5557 PROF A $31347.11 EMS EDUCATOR 5557 PROF B $3,514.46 EMS EDUCATOR 5557 PROF C $3,690.19 EMS EDUCATOR 5557 PROF D $3,874.70 EMS EDUCATOR 5557 PROF E $4,068.43 EMS INV SPEC 5559 ACE A $2,087.99 EMS INV SPEC 5559 ACE B $2,192.39 EMS INV SPEC 5559 ACE C $2,302.00 EMS IINV SPEC 5559 ACE D $2,417.09 EMS INV SPEC 5559 ACE E $2,537.96 EMT(NON-SFTY) 56571AFF A $1,039.90 EMT(NON-SFTY) 5657 1AFF B $1,091.89 EMT(NON-SFTY) 5657' 1AFF C $1,146.49 EMT(NON-SFTY) 5657 1AFF D $1,203.81 EMT(NON-SFTY) 5657' 1AFF E $1,264.00 ENIG TECH 1 6081 ACE A $2,119.15 ENG TECH 1 6081 ACE B $2,225.10 ENIG TECH 1 6081 ACE C $2,336.35 ENG TECH 1 6081 ACE D $2,453.17 ENG TECH 1 6081 ACE E $2,575.84 ENG TECH 11 6071 ACE A $2,331.06 ENG TECH 11 6071 ACE B $2,447.61 ENG TECH 11 6071 ACE C $2,569.99 ENG TECH 11 6071 ACE D $2,698.49 ENG TECH 11 6071 ACE E $2,833.42 ENV SUS T MGR 6207 MM A $3,992.38 ENV SUSS' MGR 6207 MM B $4,192.00 ENV SUET MGR 6207 MM C $4,401.60 ENV SUSS' MGR 6207 MM D $4,621.68 ENV SUET MGR 6207 MM E $4,852.76 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*44AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* ENV SVCS MGR 6205 MM A $3,992.38 ENV SVCS MGR 6205 MM B $4,192.00 ENV SVCS MGR 6205 MM C $4,401.60 ENV SVCS MGR 6205 MM D $4,621.68 ENV SVCS MGR 6205 MM E $4,,852.76 EQUIP MAINT MGR 6505 MM A $3,145.11 EQUIP MAINT MGR 6505 MM B $3,302.37 EQUIP MAINT MGR 6505 MM C $31467.49 EQUIP MAINT MGR 6505 MM D $3,640.86 EQUIP MAINT MGR 6505 MM E $3,822.90 EQUIP MECH 6542 ACE A $21107.11 EQUIP MI CH 6542 ACE B $2,212.45 EQUIP MECH 6542 ACE C $2,323.07 EQUIP MI CH 6542 ACE D $2,439.24 EQUIP MECH 6542 ACE E $2,561.19 EQUIP OPERATOR 6361 ACE A $2,242.61 EQUIP OPERATOR 6361 ACE B $2,354.74 EQUIP OPERATOR 6361 ACE C $2,472.48 EQUIP OPERATOR 6361 ACE D $2,596.10 EQUIP OPERATOR 6361 ACE E $2,725.90 EXEC SECRETARY 0187 CONF A $2,553.67 EXEC SECRETARY 0187 CONE B $2,681.35 EXEC SECRETARY 0187 CONF C $2,815.41 EXEC SECRETARY 0187CONF D $2,956.18 EXEC SECRETARY 0187 CONF E $3,103.99 FA ACCTG TECH 5270 CONF A $2,160.38 FA ACCTG TECH 5270 CONF B $2,268.39 FA ACCTG TECH 5270 CONF C $2,381.81 FA ACCTG TECH 5270 CONF D $2,500.90 FA ACCTG TECH 5270 CONF E $2,625.95 FA ADM ANILYT 1 5297 CONF A $2,372.86 FA ADM ANLYT 1 5297' CONF B $2,491.52 FA ADM ANLYT 1 5297 CONF C $2,616.08 FA ADM ANLYT 1 5297' CONF D $2,746.88 FA ADM ANLYT 1 5297 CNF E $2,884.22 FA ADM ANLYT 11 5296 CONE A $2,610.15 FA ADM ANLYT 11 5296 CNF B $2,740-65 FA ADM ANLYT 11 5296 CONE C $2,877.69 FA ADM ANLYT 11 5296 CNF D $3,021-59 FA ADM ANLYT 11 5296 CONE E $3,172.65 FA ANALYST 5277 CNF A $1,813.26 FA ANALYST 5277 CONE B $1,903.92 FA ANALYST 5277 CONF C $1,999.13 FA ANALYST 5277 CONE D $2,099.08 FA ANALYST 5277 CNF E $2,204.04 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98* iUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FA CYBERR SEC PM 5455 MMUC A $3,543.96 FA CYBER SEC PM 5455 MMUC B $3,721.15 FA CY13M SEC PM 5455 MMUC C $31907.21 FA CYBER SEC PM 5455 MMUC D $4,102.57 FA CY13M SEC PM 5455 MMUC E $4,,307'.70 FA DEP DIR LECC 5465 Sm A $3,904.26 FA DEP DIR LECC 5465 Sm B $4,099.48 FA DEP DIR LECC 5465 Sm C $4,304.45 FA DEP DIR LECC 5465 Sm D $4,519.67 FA DEP DIR LECC 5465 Sm E $4,745.67 FA DEP EXEC DIR 5463 Sm A $4,326.88 (Effective 11112020) FA DEP EXEC DIR 5463 Sm B $0.00, FA DEP EXEC DIR 5463 Sm C $0.00 FA DEP EXEC DIR 5463 Sm D $0.00, FA DEP EXEC DIR 5463 Sm E $5,259.35 (Effective 11112020) FA DIR OF LECC 5274 Sm A $5,089.68 (Effective 11112020) FA DIR OF LECC 5274 Sm B $0.00 FA DIR OF LECC 5274 Sm C $0.00, FA DIR OF LECC 5274 Sm D $0.00 FA DIR OF LECC 5274 Sm E $6,186.54 (Effective 11112020) FA EXEC ASST 5286 CONF A $2,323.12 FA EXEC ASST 5286 CONF B $2,439.28 FA EXEC ASST 5286 CONF C $2,561.25 FA EXEC ASST 5286 CONF D $2,689.30 FA EXEC ASST 5286 CONF E $2,823.78 FA EXEC DIR 5461 EXEC A $4,911.65 FA EXEC DIR 5461 EXEC B $0.00, FA EXEC DIR 5461 EXEC C $0.00, FA EXEC DIR 5461 EXEC D $0.00, FA EXEC DIR 5461 EXEC E $5,970.14 FA FIN MGR 5493 MMUC A $31893.74 FA FIN MGR 5493 MMUC B $4,088.43 FA FIN MGR 5493 MMUC C $4,292.85 FA FIN MGR 5493 MMUC D $4,507.49 FA FIN MGR 5493 MMUC E $4,732.87 FA GD/WEBMASTER 5289 CONF A $2,454.54 FA GD/WE,BMIASTE,R 5289 CONF B $2,577.27 FA GD/WEBMASTER 5289 CONF C $2,706.14 FA GD/WEBMASTER 5289 CONF D $2,841.44" FA GD/WEBMASTER 5289 CONF E $2,983.52 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*§i9AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FA GS I NTL ANIYT 5439 PRUC A $3,379.47 FA GS INTL ANYT 5439 PRUC B $3,548.44 FA GS I NTL ANIYT 5439 PRUC C $3,725.86 FA GS INTL ANYT 5439 PRUC D $3,912.15 FA GS I NTL ANIYT 5439 PRUC E $41107.76 FA INTEL AN LYT 5485 CONIF A $2,454.54 FA INTEL ANILYT 5485 CONIF B $2,,577.27 FA INTEL AN LYT 5485 CONIF C $2,706.14 FA INTEL ANILYT 5485 CONIF D $2,841.44 FA INTEL AN LYT 5485 CONIF E $2,983.52 FA IVLECC EXIDIR 5491 Sm A $4,246.17 FA IVLECC EXIDIR 5491 Sm B $4,458.46 FA IVLECC EXIDIR 5491 Sm C $4,681.38 FA IVLECC EXIDIR 5491 Sm D $4,915.44 FA IVLECC EXIDIR 5491 Sm E $5,161.22 FA LECC IT MGR 5440 MMUC A $3,604.76 FA LECC IT MICR 5440 MMUC B $3,785.00 FA LECC IT MGR 5440 MMUC C $3,974.25 FA LECC IT MICR 5440 MMUC D $4,172.96 FA LECC IT MGR 5440 MMUC E $4,381.61 FA MCROCMP SPEC 5443 PRUC A $2,930.90 FA MCROCMP SPEC 5443 PRUC B $31077.44 FA MICROCMP SPEC 5443 PRUC C $3,231.31 FA MCROCMP SPEC 5443 PRUC D $3,392.88 FA MICROCMP SPEC 5443 PRUC E $3,562.52 FA MGMT ASST 5278 C6NF A $2,212.50 FA MIC MT ASST 5278 CONE B $2,323.12 FA MGMT ASST 5278 C6NF C $2,439.29 FA MIC MT ASST 5278 CONE D $2,561.26 FA MGMT ASST 5278 C6NF E $2,689.31 FA NTWK ADM N 1 5292 PRUC A $2,949.61 FA NTWK ADM N 1 5292 PRUC B $3,097.09 FA NTWK ADM N 1 5292 PRUC C $3,251.94 FA NTWK ADM N 1 5292 PRUC D $3,414.54 FA NTWK ADM N 1 5292 PRUC E $3,585.27 FA NTWK ADM N 11 5294 PRUC A $3,244.58 FA NTWK ADM N 11 5294 PRUC B $3,406.81 FA NTWK ADM N 11 5294 PRUC C $3,577.15 FA NTWK ADM N 11 5294 PRUC D $3,756-01 FA NTWK ADM N 11 5294 PRUC E $3,943.81 FA NTWK ADM N I11 5457 PRUC A $3,417.38 FA NTWK ADM N I 11 5457 PRUC B $3,588.25 FA NTWK ADM N I11 5457 PRUC C $3,767.66 FA NTWK ADM N I 11 5457 PRUC D $3,956.05 FA NTWK ADIVI N I I 1 5457 PRUC E $41153.85 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*74AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FA PGM ANALYST 5444 PRUC A $3,496.65 FA PGM ANALYST 5444 PRUC B $3,671.48 FA PGM ANALYST 5444 PRUC C $3,855.06 FA PGM ANALYST 5444 PRUC D $41047.81 FA PGM ANALYST 5444 PRUC E $4,250.20 FA PGM ASST 5451 CONF A $11767.38 FA PGM ASST 5451 CONF B $1,,855.74 FA PGM ASST 5451 CONF C $1,948.54 FA PGM ASST 5451 CON D $2,045.97 FA PGM ASST 5451 CONF E $2,148.26 FA PGM ASST SUP 5452 PRUC A $2,543.13 FA PGM ASST SUP 5452 PRUC B $2,670.29 FA PCOM ASST SUP 5452 PRUC C $2,803.80 FA PGM ASST SUP 5452 PRUC D $2,943.99 FA PCOM ASST SUP 5452 PRUC E $3,091.19 FA PGM MIGR 5445 Sm A $3,904.26 FA PGM MIGR 5445 Sm B $4,104.80 FA PGM MICR 5445 Sm C $4,304.45 FA PGM MICR 5445 Sm D $4,519.67 FA PGM MICR 5445 Sm E $4,745.67 FA PPPE PGM MGR 5497 MMUC A $3,666.17 FA PPPE PGM MGR 5497 MMUC B $3,849.48 FA PPPE PGM MGR 5497 MMUC C $4,041.96 FA PPPE PGM MGR 5497MMUC D $4,244.05 FA PPPE PGM MGR 5497 MMUC E $4,456.26 FA RCFL NWK ENG 5284 CONF A $2,848.43 FA RCFL NWK ENG 5284 CONF B $2,990.84 FA RCFL NWK ENG 5284 CONF C $3,140.40 FA RCFL NWK ENG 5284 CONF D $3,297.41 FA RCFL NWK ENG 5284 CONF E $3,462.28 FA SPS`INT AN LT 5481 PRUC A $3,174.20 FA S,PV I NT ANL 5481 PRUC B $3,332.91 FA SPS`INT AN LT 5481 PRUC C $3,499.56 FA S,PV I NT ANL 5481 PRUC D $3,674.54 FA SPS' INT AN LT 5481 PRUC E $3,858.27 FA SR FIN ANILYT 5495 PRUC A $2,740.13 FA SR FIN ANLYT 5495 PRUC B $2,877.14 FA SR FIN ANILYT 5495 PRUC C $3,020.99 FA SR FIN ANLYT 5495 PRUC D $3,172.04 FA SR FIN ANILYT 5495 PRUC E $3,330.64 FA SR INTL AN LT 5483 PRUC A $2,885-64 FA SR INTL AN LT 5483 PRUC B $3,029.92 FA SR INTL AN LT 5483 PRUC C $3,181.42 FA SR INTL AN LT 5483 PRUC D $3,340.49 IFA SR INTL ANLT 5483 PRUC I E $3,507-51 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FA SR PGM ASST 5454 CONF A $2,102.73 FA SR PGM ASST 5454 CONF B $21207.86 FA SR PGM ASST 5454 CONF C $2,318.26 FA SR PGM ASST 5454 CONF D $2,434.18 FA SR PGM ASST 5454 CONF E $2,,555.89 FA SR SECRETARY 5477 CNF A $1,818.13 FA SR SECRETARY 5477 CONF B $1,909.03 FA SR SECRETARY 5477 CNF C $2,004.48 FA SR SECRETARY 5477 CONF D $2,104.71 FA SR SECRETARY 5477 CONF E $2,209.94 FAC&SUPP SPEC 5646 UCHR A $1,815.64 FAC&SUPP SPEC 5646 UCHR B $1,906.43 FAC&SUPP SPEC 5646 UCHR C $2,001.75 FAC&SUPP SPEC 5646 UCHR D $2,101.82 FAC&SUPP SPEC 5646 UCHR E $2,206.91 FAC&SUPP SPEC 5648 ACE A $1,815.64 FAC&SUPP SPEC 5648 ACE B $1,906.43 FAC&SUPP SPEC 5648 ACE C $2,001.75 FAC&SUPP SPEC 5648 ACE D $2,101.82 FAC&SUPP SPEC 5648 ACE E $2,206.91 FAC FINANCE MGR 4051 Sm A $3,785.84 FAC FINANCE MGR 4051 Sm B $0.00 FAC FINANCE MGR 4051 Sm C $0.00, FAC FINANCE MGR 4051 Sm D $0.00, FAC FINANCE MGR 4051 Sm E $4,601.7,2 FACILITIES IVIGR 6425 MM A $3,582.24 FACILITIES MGR 6425 MM B $3,761.35 FACILITIES IVIGR 6425 MM C $3,949.42 FACILITIES MGR 6425 MM D $4,146.89 FACILITIES IVIGR 6425 MM E $4,354.23 FIELD MAIN SPEC 7471 ACE A $1,650.59 FIELD MAIN SPEC 7471 ACE B $1,733.12 FIELD MAIN SPEC 7471 ACE C $1,819.78 FIELD MAIN SPEC 7471 ACE D $11910.77 FIELD MAIN SPEC 7471 ACE E $2,006.30 FINANCE IMANAGER 3623 Sm A $4,307.54 FINANCE MANAGER 362,3 Sm B $0.00, FINANCE IMAIAGIER 3623 Sm C $0.00, FINANCE MANAGER 362,3 Sm D $0.00, FINANCE IMAIAGIER 3623 Sm E $5,235.84 FIRE APP MECH 6521 ACE A $2,527.20 FIRE APP MECH 6521 ACE B $2,653.57 FIRE APP MECH 6521 ACE C $2,786.24 FIRE APP MECH 6521 ACE D $2,925.56 [tjLE APP MECH 6521 ACE E $3,071.83 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FIRE BSC-X4 5511 IAFF A $4,229.36 FIRE BC-A 5511 IAFF B $4,440.83 FIRE BC-A 5511 IAFF C $4,662.87 FIRE BC-A 5511 IAFF D $4,896.01 FIRE BC-A 5511 IAFF E $5,140.81 FIRE BC-C 5513 IAFF A $4,229.36 FIRE BC-C, 5513 IAFF B $4,440.83 FIRE BC-C 5513 IAFF C $4,662.87 FIRE BC-C, 5513 IAFF D $4,896.01 FIRE BC-C 5513 IAFF E $5,140.81 FIRE CANT-,A 5583 IAFF A $3,394.98 FIRE CAPT-A 5583 IAFF B $3,564.72 FIRE CAPT-A 5583 IAFF C $3,742.96 FIRE CAPT-A 5583 IAFF D $3,930.11 FIRE CAPT-A 5583 IAFF E $4,126.61 FIRE CAPT-13 5582 IAFF A $3,394.98 FIRE CAPT-13 5582 IAFF B $3,564.72 FIRE CAPT-13 5582 IAFF C $3,742.96 FIRE CAPT-13 5582 IAFF D $3,930.11 FIRE CAPT-13 5582 IAFF E $4,126.61 FIRE CAPT-C 5581 IAFF A $3,394.98 FIRE CAPT-C 5581 IAFF B $3,564.72 FIRE CAPT-,C 5581 IAFF C $3,742.96 FIRE CAPPT-C 5581 IAFF D $3,930.11 FIRE CAPT-,C 5581 IAFF E $4,126.61 FIRE CAPPT-[NT 5580 IAFF A $3,394.98 FIRE CAPT-,INT 5580 IAFF B $3,564.72 FIRE CAPPT-[NT 5580 IAFF C $3,742.96 FIRE CAPT-,INT 5580 IAFF D $3,°930.11 FIRE CAPPT-[NT 5580 IAFF E $4,126.61 FIRE CHIEF 5501 EXEC A $6,528.31 FIRE CHIEF 5501 EXEC B $0.00, FIRE CHIEF 5501 EXEC C $7,738.24 FIRE CHIEF 5501 EXEC D $0.00, FIRE CHIEF 5501 EXEC E $7,934.85 FIRE IDIV CHIEF 5507 MMUC A $4,986.57 FIRE DIV CHIEF 5507 MMUC B $5,235-90 FIRE IDIV CHIEF 5507 MMUC C $5,497.70 FIRE DIV CHIEF 5507 MMUC D $5,772-58 FIRE IDIV CHIEF 5507 MMUC E $6,061.21 FIRE ENG-A 5603 IAFF A $2,894-63 FIRE IENG-A 5603 IAFF B $3,039.36 FIRE ENG-A 5603 IAFF C $3,191.33 FIRE IENG-A 5603 IAFF D $3,350.89 [tjLE ENG-A 5603 IAFF E $3,518.44 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FIRE ENG-C 5601 IAFF A $2,894.63 FIRE ENG-C 5601 IAFF B $3,039.36 FIRE ENG-C 5601 IAFF C $3,191.33 FIRE ENG-C 5601 IAFF D $3,350.89 FIRE ENG-C 5601 IAFF E $3,518.44 FIRE ENG-INT 5602 IAFF A $2,894.63 FIRE ENG-INT 5602 IAFF B $3,039.36 FIRE ENG-INT 5602 IAFF C $3,191.33 FIRE ENG-INT 5602 IAFF D $3,350.89 FIRE ENG-INT 5602 IAFF E $3,518.44 FIRE INS/INV 1 5530 IAFF A $2,448.07 FIRE INS/INV 1 5530 1AFF B $2,570.47 FIRE INS/INV 1 5530 IAFF C $2,699.00 FIRE INS/INV 1 5530 1AFF D $2,833.95 FIRE INS/INV 1 5530 IAFF E $2,975.65 FIRE INS/INV 1 5534 UCH A $2,448.07 FIRE INS/INV 1 5534 UCHR B $2,570.47 FIRE INS/INV 1 5534 UCH C $2,699.00 FIRE INS/INV 1 5534 UCHR D $2,833.95 FIRE INS/INV 1 5534 UCH E $2,975.65 FIRE INS/INV 11 5531 IAFF A $2,692.87 FIRE INS/INV 11 5531 1AFF B $21827.51 FIRE INS/INV 11 5531 IAFF C $2,968.89 FIRE 1INS/INV 11 5531 IAFF D $3,117.33 FIRE INS/INV 11 5531 IAFF E $3,273.20 FIRE 1INS/INV 11 5532 UCHR A $2,692.87 FIRE INS/INV 11 5532 UCHR B $2,827.51 FIRE 1INS/INV 11 5532 UCHR C $2,968.89 FIRE INS/INV 11 5532 UCHR D $3,117.33 FIRE 1INS/INV 11 5532 UCHR E $3,273.20 FIRE PRV AIDE 5533 UCHR A $1,197.78 FIRE IPRV AIDE 5533 UCHR B $1,257.66 FIRE PRV AIDE 5533 UCHR C $1,320.55 FIRE IPRV AIDE 5533 UCHR D $1,386.57 FIRE PRV AIDE 5533 U�CHR E $1,455.90 FIRE RRV SPEC 5537 ACE A $1,915.32 FIRE PRV SPEC 5537 ACE B $2,011.07 FIRE RRV SPEC 5537 ACE C $2,111.62 FIRE PRV SPEC 5537 ACE D $2,217.21 FIRE RRV SPEC 5537 ACE E $2,328.07 FIRE PRV ENG/IN 552,8 IAFF A $3,247.92 FIRE RRV ENG/[N 5528 IAFF B $3,410.32 FIRE PRV ENG/IN 5528 IAFF C $3,580.83 FIRE RRV ENG/[N 5528 IAFF D $3,759.88 FIRE PRV ENG/IN 5528 IAFF E $3,947.87 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98149AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FIRE RECRUIT 5625 ACE A $1,902.54 FIRE RECRUIT 5625 ACE B $11997.67 FIREFGHTR-A 5623 IAFF A $2,460.12 FIREFGHTR-A. 5623 IAFF B $2,583.13 FIREFGHTR-A 5623 IAFF C $2,712.28 FIREFGHTR-A. 5623 IAFF D $21847.90 FIREFGHTR-A 5623 IAFF E $2,990.29 FIREFGHTR-C 5621 IAFF A $2,460.12 FIREFGHTR-C 5621 IAFF B $2,583.13 FIREFGHTR-C 5621 IAFF C $2,712.28 FIREFGHTR-C 5621 IAFF D $21847.90 FIREFGHTR-C 5621 IAFF E $2,990.29 FIREFGHTRPM-A 5613 IAFF A $2,829.14 FIREFGHTRPM-A 5613 IAFF B $2,970.60 FIREFGHTRPM-A 5613 IAFF C $3,119.13 FIREFGHTRPM-A 5613 IAFF D $3,275.08 FIREFGHTRPM-A 5613 IAFF E $3,438.84 FIREFGHTRPM-13 5612 IAFF A $2,829.14 FIREFGHTRPM-13 5613 IAFF B $2,970.60 FIREFGHTRPM-13 5613 IAFF C $3,119.13 FIREFGHTRPM-13 5613 IAFF D $3,275.08 FIREFGHTRPM-13 5613 IAFF E $3,438.84 FIREFGHTRPM-C 5611 IAFF A $2,829.14 FIREFGHTRIDIVI-C 5611 IAFF B $2,970.60 FIREFGHTRPM-C 5611 IAFF C $3,11"9.13 FIREFGHTRIDIVI-C 5611 IAFF D $3,275.08 FIREFGHTRPM-C 5611 IAFF E $3,438.84 FISC DBT MGT AN 3627MMCF A $3,611.11 FISC DBT MGT AN 3627 MMCF B $3,791.66 FISC DBT MGT AN 3627' MMCF C $3,981.25 FISC DBT MGT AN 3627 MMCF D $4,180.31 FISC DBT MGT AN 3627' MMCF E $4,389.32 FISC OFF SPEC 0169 ACE A $1,577.72 FISC OFF SPEC 0.169 ACE B $1,656.61 FISC OFF SPEC 0169 ACE C $1,739.44 FISC OFF SPEC 0169 ACE D $1,826.40 FISC OFF SPEC 0169 ACE E $11917.72 FISC OFF SPEC 0170 UCHR A $1,577.72 FISC OFF SPEC 0170 U�CHR B $1,656.61 FISC OFF SPEC 0170 UCHR C $1,739.44 FISC OFF SPEC 0170 U�CHR D $1,826.40 FISC OFF SPEC 0170 UCHR E $1,917.72 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 gkOJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* FISC&MGT ANLYT 6216 PRCr-rr7 A $3,611.11 FISC&MGT ANLYT 6216 PROF B $3,791.66 FISC&MGT ANLYT 6216 PROF C $3,981.25 FISC&MGT ANLYT 6216 PROF D $4,180.31 FISC&MGT ANLYT 6216 PROF E $4,389.32 FLT INV CTRL SP 6513 ACE A $21087.99 FLT INV CTRL SP 6513 ACE B $2,192.39 FLT INV CTRL SP 6513 ACE C $2,302.00 FLT INV CTRL SP 6513 ACE D $21417.09 FLT INV CTRL SP 6513 ACE E $21537.96 FLT MANAGER 6501 MM A $3,493.88 FLT MANAGER 6501 MM B $3,668.57 FLT MANAGER 6501 MM C $3,852.00 FLT MANAGER 6501 MM D $4,044.60 FLT MANAGER 6501 MM E $4,246.83 FORENSICS SPEC 5114 ACE A $2,502.02 FORENSICS SPEC 5114 ACE B $2,627.12 FORENSICS SPEC 5114 ACE C $2,758.50 FORENSICS SPEC 5114 ACE D $2,896.41 FORENSICS SPEC 5114 ACE E $3,041.23 GARDENER (SEAS) 6629 UCHR A $1,455.41 GARDENER (SEAS) 6629 UCHR B $1,528.18 GARDENER (SEAS) 6629 UCHR C $1,604.59 GARDENER (SEAS) 6629 UCHR D $1,684.82 GARDENER (SEAS) 6629 UCHR E $1,769.06 GARDENER 1 6627ACE A $1,544.49 GARDENER 6627 ACE B $1,621.71 GARDENER 1 6627' ACE C $1,702.80 GARDENER 6627 ACE D $1,787.95 GARDENER 1 6627' ACE E $1,877.34 GARDENER II 6623 ACE A $1,698.95 GARDENER 11 6623 ACE B $1,783.89 GARDENER II 6623 ACE C $1,873.10 GARDENER 11 6623 ACE D $11966.75 GARDENER II 662,3 ACE E $2,065-09 GIS MANAGER 3079 MM A $3,581.50 GIS MANAGER 3079 MM B $3,760-58 GIS MANAGER 3079 MM C $3,948.61 GIS MANAGER 3079 MM D $4,146.04 GIS MANAGER 3079 MM E $4,353.34 GIS SPECIALIST 3081 ACE A $2,519-61 GIS SPECIALIST 3081 ACE B $2,645.58 GIS SPECIALIST 3081 ACE C $2,777.87 GIS SPECIALIST 3081 ACE D $2,916.75 GIS SPECIALIST 3081 ACE E $3,062-59 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 KPiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* GRAPHIC DESGNR 2775 ACE A $2,232.04 GRAPHIC DESGNR 2775 ACE B $2,343.63 GRAPHIC DESGNR 2775 ACE C $2,460.82. GRAPHIC DESGNR 2775 ACE D $2,583.86 GRAPHIC DESGNR 2775 ACE E $2,713.04 GYMNASTIC SPEC 7543 UCHR A $1,208.09 GYMNASTIC SPEC 7543 UCHR B $1,268.50 GYMNASTIC SPEC 7543 UCHR C $1,331.92 GYMNASTIC SPEC 7543 UCHR D $1,398.52. GYMNASTIC SPEC 7543 UCHR E $1,468.44 HOUSING MANAGER 4093 Sm A $4,366.54 HOUSING MANAGER 4093 Sm B $0.00 HOUSING MANAGER 4093 Sm C $0.00, HOUSING MANAGER 4093 Sm D $0.00 HOUSING MANAGER 4093 Sm E $5,266.02 HR ANALYST 3310 PRCF A $21787.37 HR ANALYST 3310 PRCF B $2,926.74 HR ANALYST 3310 PRCF C $3,073.08 HR ANALYST 3310 PRCF D $3,226.73 HR ANALYST 3310 PRCF E $3,388.07 HR OPS MGR 3317Sm A $4,496.99 HR OPS MGR 3317 Sm B $0.00 HR OPS MGR 3317 Sm C $0.00, HR OPS MGR 3317' Sm D $0.00, HR OPS MGR 3317 Sm E $5,465.90 NIR TECH N I CIAN 3314 UCHR A $2,004.95 HR TECHNICIAN 3314 UCHR B $2,105.20 NIR TECH N I CIAN 3314 UCHR C $2,210.44 HR TECHNICIAN 3314 UCHR D $2,320.97 NIR TECH N I CIAN 3314 UCHR E $2,437.02 HR TECHNICIAN 3315 COW A $2,004.95 HIR TECH N I CIAN 3315 COW B $2,105.20 HR TECHNICIAN 3315 COW C $2,210.44 NIR TECH N I CIAN 3315 COW D $2,320.97 HR.TECHNICIAN 3315 COW E $2,437.02 HVAC TECHNICIAN 6430 ACE A $2,232.92 HVAC TECHNICIAN 6430 ACE B $2,344-57 HVAC TECHNICIAN 6430 ACE C $2,461.81 HVAC TECHNICIAN 6430 ACE D $2,584.90 HVAC TECHNICIAN 6430 ACE E $2,714.13 INTERN, GRAD 0269 UCHR A $1,066.42 INTERN, GRAD 0269 UCHR B $1,119.74 INTERN, GRAD 0269 UCHR, C $11175.73 INTERN, GRAD 0269 UCHR D $1,234.51 INTERN, GRAD 0269 UCHR, E $1,296.24 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,981444AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* INTERN., UNDRGRD 6267 UCHR A $0.00 INTERN, UNDRGRD 0267 UCHR B $0.00 INTERN., UNDRGRD 6267 UCHR C $1,068.84 INTERN, UNDRGRD 0267 UCHR D $1,122.29 INTERN., UNDRGRD 6267 UCHR E $1,178.40 IT MGR 5 104 SM A $4,322.28 IT MGR 5 104 Sm B $0.00, IT MGR 5 104 SM C $0.00 IT MGR 5 104 Sm D $0.00, IT MGR 5 104 SM E $5,186.94 IT SUPP SPEC (T) 3014 PROF A $2,930.90 IT SUPP SPEC (T) 3014 PROF B $31077.44 IT SUPP SPEC (T) 3014 PROF C $3,231.31 IT SUPP SPEC (T) 3014 PROF D $3,392.88 IT SUPP SPEC (T) 3014 PROF E $3,562.52 IT TECHNICIAN 3017 A C E- A $21077.22 IT TECHNICIAN 3017ACE B $2,181.09 IT TECHNICIAN 3017 ACE C $2,290.13 IT TECHNICIAN 3017' ACE D $2,404.65 IT TECHNICIAN 3017 ACE E $2,524.89 LATENT PRT EXAM 5111 ACE A $2,877.34 LATENT PRT EXAM 5111 ACE B $3,021.21 LATENT PRT EXAM 5111 ACE C $3,172.26 LATENT PRT EXAM 5111 ACE D $3,330.88 LATENT PRT EXAM 5111 ACE E $3,497.41 LATENT PRT EXAM 5112 UCHR A $2,877.34 LATENT PRT EXAM 5112 UCHR B $3,021.21 LATENT PRT EXAM 5112 UCHR C $3,172.26 LATENT PRT EXAM 5112 UCHR D $3,330.88 LATENT PRT EXAM 5112 UCHR E $3,497.41 LAW OFFICE MGR 2465 MMUC A $2,936.57 LAW OFFICE MGR 2465 MMUC B $3,083.40 LAW OFFICE MGR 2465 MMUC C $3,237.57 LAW OFFICE MGR 2465 MMUC D $3,399.45 LAW OFFICE MGR 2,465 MMUC E $3,569.42 LEAD CUSTODIAN 6663 ACE A $1,698.95 LEAD CUSTODIAN 6663 ACE B $1,783.89 LEAD CUSTODIAN 6663 ACE C $1,873.10 LEAD CUSTODIAN 6663 ACE D $11966.75 LEAD CUSTODIAN 6663 ACE E $2,065.09 LEGAL ASSISTANT 0183 CONF A $2,131.37 LEGAL ASSISTANT 0183 CONF B $2,237.94 LEGAL ASSISTANT 0183 CONF C $2,349.84 LEGAL ASSISTANT 0183 CONF D $2,467.32 LEGAL ASSISTANT 0183 CONF E $2,590.69 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98K44AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* LIBRARIAN 1 7075 ACE A $2,046.39 LIBRARIAN 1 7075 ACE B $2,148.72 LIBRARIAN 1 7075 ACE C $2,256.14 LIBRARIAN 1 7075 ACE D $2,368.95 LIBRARIAN 1 7075 ACE E $21487.40 LIBRARIAN 1 7076 UCHR A $2,046.39 LIBRARIAN 1 7076 UCHR B $2,148.72. LIBRARIAN 1 7076 UCHR C $2,256.14 LIBRARIAN 1 7076 UCHR D $2,368.95 LIBRARIAN 1 7076 UCHR E $21487.40 LIBRARIAN 11 7073 ACE A $2,251.01 LII BRARIIAINI 11 7073 ACE B $2,363.56 LIBRARIANI 11 7073 ACE C $2,481.74 LII BRARIIAINI 11 7073 ACE D $2,605.82 LI BRARIANI 11 7073 ACE E $2,736.13 LIIBRARIIAINI 11 7074 UCHR A $2,251.01 LIBRARIANI 11 7074 UCHR B $2,363.56 LIIBRARIIAINI 11 7074 UCHR C $2,481.74 LIBRARIANI 11 7074 UCHR D $2,605.82 LIIBRARIIAINI 11 7074 UCHR E $2,736.13 LIBRARIANI 111 7071 ACE A $2,476.13 LII BRARIIAINI 111 7071 ACE B $2,599.95 LIBRARIAN 111 7071 ACE C $2,729.94 LIBRARIAN 111 7071 ACE D $2,866.42 LIBRARIAN 111 7071 ACE E $8,00"9.75 LIBRARY AIDE 7181 UCHR A $0.00, LIBRARY AIDE 7181 UCHR B $0.00, LIBRARY AIDE 7181 UCHR C $0.00, LIBRARY AIDE 7181 UCHR D $0.00, LIBRARY AIDE 7181 UCHR E $1,040.00 LIBRARY ASSOC 7091 ACE A $1,839.75 LIBRARY ASSOC 7091 ACE B $11931.74 LI B RARY ASSOC 7091 ACE C $2,028.33 LIBRARY ASSOC 7091 ACE D $21129.75 LIBRARY ASSOC 7091 ACE E $2,236.24 Ll B RARY ASSOC 7092 UCHR A $1,839.75 LIBRARY ASSOC 7092 U�CHR B $11931.74 Ll B RARY ASSOC 7092 UCHR C $2,028.33 LIBRARY ASSOC 7092 U�CHR D $21129.75 Ll B RARY ASSOC 7092 UCHR E $2,236.24 LIBRARY ASST 7157 ACE A $1,455-62 Ll B RARY ASST 7157 ACE B $1,528.42 LI B RARY ASST 7157 ACE C $1,604.83 Ll B RARY ASST 7157 ACE D $1,685.07 LI B RARY ASST 7157 ACE E $1,769.33 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* LIBRARY DS MGR 7025 mm A $3,471.90 LIBRARY DS MGR 7025 mm B $3,645.49 LIBRARY DS MGR 7025 mm C $3,,827'.77 LIBRARY DS MGR 7025 mm D $4,019.16 LIBRARY DS MGR 7025 mm E $4,220.11 LIBRARY OPS MGR 7029 mm A $3,994.48 LIBRARY OPS MGR 7029 mm B $4,194.20 LIBRARY OPS MGR 7029 mm C $4,403.92 LIBRARY OPS MGR 7029 mm D $4,624.11 LIBRARY OPS MGR 7029 mm E $4,855.32 LIBRARY TECH 7121 ACE A $1,673.98 LIBRARY TECH 7121 ACE B $11757.68 LIBRARY TECH 7121 ACE C $1,845.57 LIBRARY TECH 7121 ACE D $11937.84 LIBRARY TECH 7121 ACE E $2,034.73 LIFEGUARD 1 7587 UCHR A $1,105.96 LIFEGUARD 1 7587UCHR B $1,161.26 LIFEGUARD 1 7587 UCHR C $1,219.33 LIFEGUARD 1 7587' UCHR D $1,280.29 LIFEGUARD 1 7587 UCHR E $1,344.31 LIFEGUARD 11 7585 UCHR A $1,216.59 LIFEGUARD 11 7585 UCHR B $11277.42 LIFEGUARD 11 7585 UCHR C $1,341.29 LIFEGUARD 11 7585 UCHR D $1,408.36 LIFEGUARD 11 7585 UCHR E $1,478.77 I-NDSCIDE ARCH 4480 PROF A $3,193.61 LNDSCPE ARCH 4480 PROF B $3,353.29 LNDSCPE ARCH 4480 PROF C $3,520.95 LNDSCPE ARCH 4480 PROF D $3,697.00 LNDSCPE ARCH 4480 PROF E $3,881.85 I-NDSCPE INSP 6291 ACE A $2,437.04 LNDSCPE INSP 6291 ACE B $2,558.87 LNDSCPE INSP 6291 ACE C $2,686.83 I-NDSCIDE INSP 6291 ACE D $2,821.16 LNDSCPE INSP 6291 ACE E $2,962.22 LNDSCPE PLAN 1 4482 ACE A $2,516.67 LNDSCPE PLAN 1 4482 ACE B $2,642.49 LNDSCPE PLAN 1 4482 ACE C $2,774.62 LNDSCPE PLAN 1 4482 ACE D $2,913.34 LNDSCPE PLAN 1 4482 ACE E $3,059.01 LNDSCPE PLAN 11 4483 ACE A $2,768.33 LNDSCPE PLAN 11 4483 ACE B $2,906.75 LNDSCPE PLAN 11 4483 ACE C $3,052.08 LNDSCPE PLAN 11 4483 ACE D $3,204.70 LNDSCPE PLAN 11 4483 ACE E $3,364.93 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 1474AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* LOCKSM ITH 6443 ACE A $2,1.26.59 LOCKS M ITH 6443 ACE B $2,232.91 LOCKSMITH 6443 ACE C $2,344.56 LOCKSM ITH 6443 ACE D $2,461.80 LOCKSM ITH 6443 ACE E $2,584.89 MAINT WORKER 1 6377 ACE A $1,544.49 MAINT WORKER 1 6377 ACE B $1,6.21.71 MAINT WORKER 1 6377 ACE C $1,702.80 MAINT WORKER 1 6377 ACE D $1,,787'.95 MAINT WORKER 1 6377 ACE E $11877.34 MAINIT WORKER 1 6379 UCHR A $1,544.49 MAINT WORKER 1 6379 UCHR B $1,621.71 MAINIT WORKER 1 6379 UCHR C $1,702.80 MAINT WORKER 1 6379 UCHR D $11787.95 MAINIT WORKER 1 6379 UCHR E $1,877.34 MAINT WORKER 11 6373 ACE A $1,698.95 MAINIT WORKER 11 6373 ACE B $1,783.89 MAINT WORKER 11 6373 ACE C $1,873.10 MAINIT WORKER 11 6373 ACE D $1,966.75 MAINT WORKER 11 6373 ACE E $2,065.09 MAINIT WORKER 11 6381 UCHR A $1,698.95 MAINT WORKER 11 6381 UCHR B $1,783.89 MAINIT WORKER 11 6381 UCHR C $1,873.10 MAINT WORKER 11 6381 UCHR D $11966.75 MAINIT WORKER 11 6381 UCHR E $2,065.09 MAYOR 2001 MY A $0.00, MAYOR 2001 MY B $0.00, MAYOR 2001 MY C $0.00, MAYOR 2001 MY D $0.00, MAYOR Eff.0710112019 2001 MY E $5,447.56 MECHANIIC ASST 6550 ACE A $1,697.01 MECHANIC ASST 6550 ACE B $1,781.87 MECHANIIC ASST 6550 ACE C $1,870.98 MECHANIC ASST 6550 ACE D $1,964.51 MECHANIC ASST 6550 ACE E $21062.76 MGMT ANALYST 1 0229 ACE A $2,417.77 MGMT ANALYST 1 022,9 ACE B $2,538-65 MGMT ANALYST 1 0229 ACE C $2,665.59 MGMT ANALYST 1 022,9 ACE D $2,798.87 MGMT ANALYST 1 0229 ACE E $2,938.81 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* MGMT ANALYST 11 0224 CONF A $2,659.54 M GMT ANALYST 11 0224 CNF B $2,792.52 MGMT ANALYST 11 0224 CONF C $2,932.14 M GMT ANALYST 11 0224 CNF D $3,078.75 MGMT ANALYST 11 0224 CONF E $3,232.68 M GMT ANALYST 11 O227 ACE A $2,659.54 MGMT ANALYST 11 0227 ACE B $2,792.52. M GMT ANALYST 11 0227 ACE C $2,932.14 MGMT ANALYST 11 0227 ACE D $3,,078.75 M GMT ANALYST 11 O227 ACE E $3,232.68 MKTG & COMM MGR 2781 Sm A $4,600.00 MKTG & COMMI MGR 2781 Sm B $0.00 MIPTG & CO M MI MGR 2781 Sm C $4,729.75 MKTG & COMMI MGR 2781 Sm D $0.00 MING & COMMI MGR 2781 Sm E $5,591.33 MLTIMDA PRID SPC 5569 ACE A $2,059.08 MLTIMIDA PRA SPC 5569 A C E B $2,162.03 MLTIMDA PRID SPC 5569 ACE C $2,270.14 LT MILIA PRA SPC 5569 ACE D $2,383.64 MLTIMDA PRID SPC 5569 ACE E $2,502.83 OFFICE SPEC O160 UCHR A $1,502.56 OFFICE SPEC 0160 UCHR B $11577.69 OFFICE SPEC 0160 LACI-IR C $1,656.58 OFFICE SPEC 0160 UCHR D $1,739.41 OFFICE SPEC 0160 UCHR E $1,826.37 OFFICE SPEC 0161 ACE A $1,502.56 OFFICE SPEC 0161 ACE B $1,577.69 OFFICE SPEC 0161 ACE C $1,656.58 OFFICE SPEC 0161 ACE D $1,739.41 OFFICE SPEC 0161 ACE E $1,826.37 OFFICE SPEC-MYR 0162 ACE A $1,502.56 OFFICE SPEC-MYR 0162 ACE B $1,577.69 OFFICE SPEC-MYR 0162 ACE C $1,656.58 OFFICE SPEC-MYR 0162 ACE D $1,739.41 OFFICE SPEC-MYR 0162 ACE E $1,826.37 OPEN SPACE INSP 6311 ACE A $2,437.04 OPEN SPACE INSP 6311 ACE B $2,558.87 OPEN SPACE INSP 6311 ACE C $2,686.83 OPEN SPACE INSP 6311 ACE D $2,821.16 OPEN SPACE INSP 6311 ACE E $2,962.22 OPEN SPACE MGR 6302 MM A $3,386.62 OPEN SPACE MGR 6302 MM B $3,555.95 OPEN SPACE MGR 6302 MM C $31733.75 OPEN SPACE MGR 6302 MM D $3,920.44 [J N SPACE MGR 6302 MM E $4,116.46 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* OPS&TELECCDM MGR 3025 MM A $3,581.49 OPS&TELECOM MGR 3025 MM B $3,760.57 OPS&TELECCDM MGR 3025 MM C $3,948.60 OPS&TELECOM MGR 3025 MM D $4,146.03 OPS&TELECCDM MGR 3025 MM E $4,353.33 PAINTER 6434 ACE A $2,029.94 PAINTER 6434 ACE B $2,131.43 PAINTER 6434 ACE C $2,238.00 PAINTER 6434 ACE D $2,349.91 PAINTER 6434 ACE E $21467.40 PARALEGAL 2475 CONF A $21287.28 PARALEGAL 2.475 COW B $2,401.64 PARALEGAL 2475 COW C $2,521.73 PARALEGAL 2475 COW D $21647.81 PARALEGAL 2475 COW E $2,780.20 PARAMEDIC(NS) 5655 1AFF A $11247.88 PARAMEDIC (NS) 5655 1AFF B $1,310.27 PARAMEDIC(NS) 5655 1AFF C $1,375.78 PARAMEDIC (NS) 5655 1AFF D $1,444.57 PARAMEDIC(NS) 5655 1AFF E $1,516.80 PARK ENF OFF HR 5152 UCHR A $1,518.67 PARK ENF OFF HR 5152 UCHR B $1,594.60 PARK ENF OFF HR 5152 UCHR C $1,674.34 PARK ENF OFF HR 5152 UCHR D $1,758.05 PARK ENF OFF HR 5152 UCHR E $1,845.96 PARK RANGER 7434 UCHR A $1,059.90 PARK RANGER 7434 UCHR B $1,112.89 PARK RANGER 7434 UCHR C $1,168.53 PARK RANGER 7434 UCHR D $1,226.96 PARK RANGER 7434 UCHR E $1,288.31 PARK RANGER SUP 7441 ACE A $2,589.54 PARK RANGER SUP 7441 ACE B $2,719.01 PARK RANGER SUP 7441 ACE C $2,854.97 PARK RANGER SUP 7441 ACE D $21997.72 PARK RANGER SUP 7441 ACE E $3,147.60 PARK RNG PM MGR 7431 PROF A $3,193.60 PARK RNG PM MGR 7431 PROF B $3,353.28 PARK RNG PM MGR 7431 PROF C $3,520.94 PARK RNG PM MGR 7431 PROF D $3,696-99 PARK RNG PM MGR 7431 PROF E $3,881.84 PARKING ENF OFF 5154 ACE A $1,518.67 PARKING ENF OFF 5154 ACE B $1,594.60 PARKING ENF OFF 5154 ACE C $1,674.34 PARKING ENF OFF 5154 ACE D $1,758.05 PARKING ENF OFF 5154 ACE E $1,845.96 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* PARKING MTR TEC 3693 ACE A $1,670.54 PARKING MTR TEC 3693 ACE B $1,754.07 PARKING MTR TEC 3693 ACE C $1,,841.77 PARKING MTR TEC 3693 ACE D $1,933.86 PARKING MTR TEC 3693 ACE E $2,030.54 PARKS MANAGER 6604 MM A $3,386.86 PARKS MANAGER 6604 MM B $3,556.20 PARKS MANAGER 6604 MM C $3,734.01 PARKS MANAGER 6604 MM D $3,920.71 PARKS MANAGER 6604 MM E $4,116.74 PARKS REC ADM 7407 Sm A $4,604.04 PARKS REC ADM 7407 Sm B $4,834.23 PARKS REC ADM 7407 Sm C $5,075.95 PARKS REC ADM 7407 Sm D $5,329.74 PARKS REC ADM 7407 Sm E $5,596.23 PARKS S,UPV 6605 ACE A $2,589.54 PARKSSUPV 6605 ACE B $2,719.01 PARKS S,UPV 6605 ACE C $2,854.97 PARKSSUPV 6605 ACE D $2,997.72 PARKS S,UPV 6605 ACE E $31147.60 PEACE OFFICER 5061 PCIA A $3,,089.42 PEACE OFFICER 5061 POA B $3,,243.89 PEACE OFFICER 5061 POA C $3,0406.08 PEACE OFFICER 5061 POA D $31576.38 PEACE OFFICER 5061 POA E $3,0755.20 PER & OD MGR 2758 Sm A $4,388.38 PERF &OD MGR 2758 Sm B $0.0o PER & OD MGR 2758 Sm C $0.00 PERF &OD MGR 2758 Sm D $0.0o PER & OD MGR 2758 Sm E $5,266.02 PLAN CHK SUI P ' 4731 MM A $3,°911.50 PLAN CHK SUPV 4731 MM B $4,107.07 PLAN CHK SUPV 4731 MM C $4,312.42 PLAN CHK SUPV 4731 MM D $4,528.05 PLAN CHK SUS PV 4731 MM E $4,754.45 PLAN CH K.TECH 4753 ACE A $2,331.07 PLAN CH K TECH 4753 ACE B $2,447-62 PLAN CH K.TECH 4753 ACE C $2,570.00 PLAN CH K TECH 4753 ACE D $2,698-50 PLAN CH K.TECH 4753 ACE E $2,833.43 PLANNING MGR 472,7 Sm A $4,571.12 PLANNING MGR 4727 Sm B $0.00 PLANNING MGR 472,7 Sm C $0.00 PLANNING MGR 4727 Sm D $0.00 PLANNING MGR 472,7 Sm E $5,514-53 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* PLANNING TECH 4527 ACE A $1,915.32. PLANNING TECH 4527 ACE B $2,011.07 PLANNING TECH 4527 ACE C $2,111.62. PLANNING TECH 4527 ACE D $21217.21 PLANNING TECH 452? ACE E $2,3.28.07 PLUMBER 6432 ACE A $2,232.91 PLUMBER 6432 ACE B $2,344.56 PLUMBER 6432 ACE C $2,461.80 PLUMBER 6432 ACE D $2,584.89 PLUMBER 6432 ACE E $2,714.12 POL AGENT 5051 PCIA A $3.,401.94 POLAGENT 5051 PCIA B $3,,572.04 POL AGENT 5051 PCIA C $3,350.64 POL ACS EINT 5051 PCIA D $3,,938.16 POL AGENT 5051 PCIA E $4,,135.07 POL AS ADM IN 5025 Sm A $4,470.69 POL AS ADMIN 5025 Sm B $0.00, POL AS ADM IN 5025 Sm C $0.00 POL AS ADMIN 5025 Sm D $0.00, POL AS ADM IN 5025 Sm E $5,433.96 POL CAPTAIN 5022 Sm A $5,926.83 PO L CAPTAI N 5022 Sm B $0.00 POL CAPTAIN 5022 Sm C $0.00, POL CAPTAI N 5022 Sm D $0.00, POL CAPTAIN 5022 Sm E $7,203.81 POL COM SYS MGR 5185 MM A $3,581.90 POL COM SYS MGR 5185 MM B $3,761.00 POL COM SYS MGR 5185 MM C $3,949.05 POL COM SYS MGR 5185 MM D $4,146.50 POL COM SYS MGR 5185 MM E $4,353.82 POL COMREL SPC 5258 ACE A $1,961.03 POL COMREL SPC 5258 ACE B $2,059.07 POL COMREL SPC 5258 ACE C $2,162.03 POL COMREL SPC 5258 ACE D $2,270.13 POL COM FEEL SPC 5258 ACE E $2,383-64 POL DISPATCH CT 5187 UCHR A $1,652.84 POL DISPATCH CT 5187 DCHR B $1,735.49 POL DISPATCH CT 5187 UCHR C $1,822.26 POL DISPATCH CT 5187 CHR D $1,913.38 POL DISPATCH CT 5187 UCHR E $2,009.03 POL DISPATCH SP 5183 ACE A $2,593.31 POL DISPATCH SP 5183 ACE B $2,722.99 POL DISPATCH SP 5183 ACE C $2,859-12 POL DISPATCH SP 5183 ACE D $3,002.08 POL DISPATCH SP 5183 ACE E $3,152.20 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*;i9AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* --7 POL DISPATCH TR 5179 ACE A $2,050.06 POL DISPATCH TR 5179 ACE B $2,152.56 POL DISPATCH TR 5179 ACE C $2,260.19 POL DISPATCH TR 51-7,r-Q 7 ACE D $2,373.19 POL DISPATCH TR 5179 ACE E $2,491.85 POL DISPATCHER 5180 UCHR A $2,255.06 POL DISPATCHER 5180 UCHR B $2,3+57.81 POL DISPATCHER 5180 UCHR C $2,486.20 POL DISPATCHER 5180 UCHR D $2,610.52 POL DISPATCHER 5180 UCHR E $2,741.03 POL DISPATCHER 5181 ACE A $2,255.06 POL DISPATCHER 5181 ACE B $21367.81 POL DISPATCHER 5181 ACE C $2,486.20 POL DISPATCHER 5181 ACE D $2,610.52 POL DISPATCHER 5181 ACE E $2,741.03 POL LIEUTENANT 5031 PCIA A $4,,696.26 POL LIEUTENANT 5031 PCIA B $4,,931.07 POL LIEUTENANT 5031 PCIA C $5,,177.62 POL LIEUTENANT 5031 PCIA D $5,,436.5,1 POL LIEUTENANT 5031 PCIA E $5,,708.33 POL REC SPEC 0165 ACE A $1,502.58 POL REC SPEC 0165 ACE B $11577.72 POL,REC SPEC 0165 ACE C $1,656.61 POL REC SPEC 0.165 ACE D $1,739.44 POL,REC SPEC 0165 ACE E $1,826.40 POL REC SPEC 0166 UCHR A $1,502.58 POL,REC SPEC 0166 UCHR B $1,577.72 POL REC SPEC 0166 UCHR C $1,656.61 POL,REC SPEC 0166 UCHR D $1,739.44 POL REC SPEC 0166 UCHR E $1,826.40 POL,REC&SUP SP1 5203 ACE A $1,987.17 POLREC&SUPSP's 5203 ACE B $2,086.53 POL,REC&SUP SP1 5203 ACE C $2,190.86 POLREC&SUPSP's 5203 ACE D $2,300.39 POL RE,C&SUP SP 5203 ACE E $2,415.42 POL RECRUIT 5071 ACE A $2,431.51 POL RE,CRU IT 5071 ACE B $2,553.08 POL RECRUIT 5071 ACE C $0.00, POL RE,CRU IT 5071 ACE D $0.00, POL RECRUIT 5071 ACE E $0.00, POL SERGEANT 5041 PCIA A $3.v913.25 POLSERGEANT 5041 POA B $4,108.92 POO,SERGEANT 5041 PCIA C $4,0314.37 POLSERGEANT 5041 POA D $41530.08 I—POO,SERGEANT 5041 PCIA E $4,7"56.58 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* POL SCVS AIDE 5207 UCHR A $0..00 POL SCVS AIDE 520 " UCHR B $0.00 POL SCVS AIDE 5207 UCHR C $0..00 POL SCVS AIDE 520 " UCHR D $0.00 POL SCVS AIDE 5207 UCHR E $1,090.60 POL SVCS IVIGR 5205 mm A $3,466.91 POL SVCS IVIGR 5205 mm B $3,640.26 POL SVCS IVIGR 5205 mm C $3,822.27 POL SVCS IVIGR 5205 mm D $4,013.38 POL SVCS IVIGR 5205 mm E $4,214.05 POL SVCS OF SUP 5132 ACE A $2,324.54 POL SVCS OF SUP 5132 ACE B $2,440.76 POL SVCS OF SUP 5132 ACE C $2,562.80 POL SVCS OF SUP 5132 ACE D $2,690.94 POL SVCS OF SUP 5132 ACE E $2,8.25.49 POL SVCS OFF 5131 ACE A $2,021.35 POL SVCS OFF 5131 ACE B $2,122.41 POL SVCS OFF 5131 ACE C $2,228.53 POL SVCS OFF 5131 ACE D $2,339.95 POL SVCS OFF 5131 ACE E $2,456.95 POL SVCS TECH 5415 ACE A $1,928.43 POL SVCS TECH 5415 ACE B $2,024.85 POL SVCS TECH 5415 ACE C $2,126.11 POL SVCS TECH 5415 ACE D $2,232.40 POL SVCS TECH 5415 ACE E $2,344.03 POL TECH IVIGR 5209 mm A $3,581.50 POL TECH IVIGR 5209 mm B $3,760.58 POL TECH IVIGR 5209 mm C $3,948.61 POL TECH IVIGR 5209 mm D $4,146.04 POL TECH IVIGR 5209 mm E $4,353.34 POL TECH SPEC 5107 ACE A $3,048.72 POL TECH SPEC 5107ACE B $3,201.16 POL TECH SPEC 5107 ACE C $3,361.21 POL TECH SPEC 5107' ACE D $3,529.26 POL TECH SPEC 5107 ACE E $31705.73 POL TECH SPEC 5108 UCHR A $3,048.72 POL TECH SPEC 5108 U�CHR B $3,201.16 POL TECH SPEC 5108 UCHR C $3,361.21 POL TECH SPEC 5108 U�CHR D $3,529.26 POL TECH SPEC 5108 UCHR E $3,705.73 POLICY AIDE, 2013 PRUC A $2,347.86 POLICY AIDE 2013 PRUC B $2,465.25 POLICY AIDE 2013 PRUC C $2,588-52 POLICY AIDE 2013 PRUC D $2,717.94 POLICY AIDE 2013 PRUC E $2,853.84 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* PRCRIVINT SRV AN L 3717 mm A $3,2.20.95 PRCRMNTSRV ANL 3717 mm B $3,388.29 PRCRIVINT SRV AN L 3717 mm C $3,,557'.71 PRCRMNT SRV ANL 3717 mm D $3,735.59 PRCRIVINT SRV AN L 3717 mm E $3,922.37 PRGRMMR ANALYST 3090 PROF A $3,095.67 PRGRMMR ANALYST 3090 PROF B $3,250.46 PRGRMMR ANALYST 3090 PROF C $3,412.98 PRGRMMR ANALYST 3090 PROF D $3,583.63 PRGRMMR ANALYST 3090 PROF E $3,762.81 PRIN CIVIL ENG 6021 mm A $4,293.61 PRIN CIVIL ENG 6021 mm B $4,508.29 PRIN CIVIL ENG 6021 mm C $4,733.70 PRIN CIVIL ENG 6021 mm D $4,970.39 PRIN CIVIL ENG 6021 mm E $5,218.91 PRIN HR ANALYST 3305 MMCF A $3,702.35 PRIN HR ANALYST 3305 MMCF B $3,887.47 PRIN HR ANALYST 3305 MMCF C $4,081.85 PRIN HR ANALYST 3305 MMCF D $4,285.94 PRIN HR ANALYST 3305 MMCF E $4,500.23 PRIN LDSCP ARCH 4486 mm A $3,992.38 PRIN LDSCP ARCH 4486 mm B $4,192.00 PRIN LDSCP ARCH 4486 mm C ${4,401.60 PRIN LDSCP ARCH 4486 mm D $4,621.68 PRIN LDSCP ARCH 4486 mm E $4,852.76 PRIN LIBRARIAN 7051 mm A $3,471.90 PRIN LIBRARIAN 7051 mm B $3,645.49 PRIN LIBRARIAN 7051 mm C $31827.77 PRIN LIBRARIAN 7051 mm D $4,019.16 PRIN LIBRARIAN 7051 mm E $4,220.11 PRIN IVIGMTANLYT 0208 PROF A $3,350.99 PRIN MGMTANLYT 0208 PROF B $3,518.54 PRIN IVIGMTANLYT 0208 PROF C $3,694.46 PRIN MGMTANLYT 0208 PROF D $3,879.19 PRIN IVIGMTANLYT 0208 PROF E $4,073.15 PRIN MGMT ANLYT 0214 PROF A $3,350.99 PRIN IVIGMTANLYT 0214 PROF B $3,518-54 PRIN MGMT ANLYT 0214 PROF C $3,694.46 PRIN IVIGMTANLYT 0214 PROF D $3,879.19 PRIN MGMT ANLYT 0214 PROF E $4,073.15 PRIN PLANNER 4431 mm A $3,992.38 PRIN PLANNER 4431 mm B $4,192.00 PRIN PLANNER 4431 mm C $4,401.60 PRIN PLANNER 4431 mm D $4,621.68 PRIN PLANNER 4431 mm E $41852.76 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* PRIN RROJ COORD 4212 PROF A $3,992.38 PRIM PROD COORD 4212 PROF B $4,192.00 PRIM RROJ COORD 4212 PROF C $4,401.60 PRINT PROD COORD 4212 PROF D $4,621.68 PRIM RROJ COORD 4212 PROF E $4,,852.76 PRINT REC MGR 7410 mm A $3,386.84 PRIM R MGR 7410 mm B $3,556.18 PRINT REC MGR 7410 mm C $3,733.99 PRIM R MGR 7410 mm D $3,920.69 P R I NI REC MGR 7410 mm E $4,116.72 PRIM TRAFF ENG 6020 mm A $4,293.61 PRIM TRAFF ENG 6020 mm B $4,508.29 PRIM TRAFF ENG 6020 mm C $4,733.70 PRIM TRAFF ENG 6020 mm D $4,970.39 PRIM TRAFF ENG 6020 mm E $5,218.91 PROCUREMNT SPEC 3721 ACE A $2,369.50 PROCUREMINT SPEC 3721 ACE B $2,487.96 PROCUREMNT SPEC 3721 ACE C $2,612.35 PROCUREMINT SPEC 3721 ACE D $2,742.98 PROCUREMNT SPEC 3721 ACE E $2,880.13 PROJECT COOR 1 4217ACE A $2,516.67 PROJECT COOR 1 4217 ACE B $2,642.49 PROJECT COOR 1 4217 ACE C $2,774.62 PROJECT COOR 1 4217' ACE D $2,913.34 PROJECT COOR 1 4217 ACE E $3,059.01 PROJECT COOR 1 4218 UCHR A $2,516.67 PROJECT COOR 1 4218 UCHR B $2,642.49 PROJECT COOR 1 4218 UCHR C $2,774.62 PROJECT COOR 1 4218 UCHR D $2,913.34 PROJECT COOR 1 4218 UCHR E $3,059.01 PROJECT COOR 11 4215 ACE A $2,768.33 PROJECT COOR 11 4215 ACE B $21906.75 PROJECT COOR 11 4215 ACE C $3,052.08 PROJECT COOR 11 4215 ACE D $31204.70 PROJECT COOR 11 4215 ACE E $3,364.93 PROP & EVD SPEC 5127 ACE A $1,670.54 PROP & EVD SPEC 512,7 ACE B $1,754.07 PROP & EVD SPEC 5127 ACE C $1,841.77 PROP & EVD SPEC 512,7 ACE D $1,933.86 PROP & EVD SPEC 5127 ACE E $2,030.54 PROP & EVD SPEC 512,8 U�CHR A $1,670-54 PROP & EVD SPEC 5128 UCHR B $1,754.07 PROP & EVD SPEC 512,8 U�CHR C $11841.77 PROP & EVD SPEC 5128 UCHR D $1,933.86 PROP & EVD SPEC 512,8 U�CHR E $2,030-54 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* PUB INFO SPEC 2782 CONF A $2,385.26 PUB INFO SPEC 2782 CONF B $2,504.55 PUB INFO SPEC 2782 CONF C $2,629.76 PUB INFO SPEC 2782 CONF D $2,761.25 PUB INFO SPEC 2782 CONF E $2,899.31 PUB SFTY ANLYT 5254 ACE A $2,610.15 PUB SFTY ANLYT 5254 ACE B $2,,740.65 PUB SFTY ANLYT 5254 ACE C $21877.69 PUB SFTY ANLYT 5254 ACE D $3,0.21.59 PUB SFTY ANLYT 5254 ACE E $3,172.65 PUB WRKS IINP 1 6123 ACE A $21437.04 PUB IRKS IINP 1 6123 ACE B $2,558.87 PUB WRKS INP 1 6123 ACE C $2,686.83 PUB IRKS IINP 1 6123 ACE D $2,821.16 PUB WRKS INP 1 6123 ACE E $2,962.22 PUB WRKS IINP 11 6121 ACE A $2,680.72 PUB WRKS INP 11 6121 ACE B $2,814.76 PUB IRKS IINP 11 6121 ACE C $2,955.49 PUB WRKS INP 11 6121 ACE D $3,103.28 PUB IRKS IINP 11 6121 ACE E $3,258.44 PUB WRKS MGR 6336 mm A $3,386.62 PUB WRKS IMGR 6336 mm B $3,555.95 PUB IRKS MGR 6336 mm C $3,733.75 PUB WRKS IMGR 6336 mm D $3,920.44 PUB IRKS MGR 6336 mm E $4,116.46 PUB WRKS SPEC 6712 ACE A $1,942.55 PUB IRKS SPEC 6712 ACE B $2,039.67 PUB WRKS SPEC 6712 ACE C $2,141.65 PUB IRKS SPEC 6712 ACE D $2,248.74 PUB WRKS SPEC 6712 ACE E $2,361.19 PUB IRKS SPEC 6714 UCHR A $1,942.55 PUB WRKS SPEC 6714 UCHR B $2,039.67 PUB IRKS SPEC 6714 UCHR C $2,141.65 PUB WRKS SPEC 6714 UCHR D $21248.74 PUB WRKS SPEC 6714 U�CHR E $2,361-19 PUB WRKS SUPIDT 6327 Sm A $4,411.00 PUB WRKS SUPIDT 632,7 Sm B $4,631-55 PUB WRKS SUPIDT 6327 Sm C $4,863.13 PUB WRKS SUPIDT 632,7 Sm D $5,106.29 PUB WRKS SUPIDT 6327 Sm E $5,361.60 PUB WRKS SUPS' 6337 ACE A $2,589-54 PUB WRKS SU�PV 6337 ACE B $2,719.01 PUB WRKS SUPS' 6337 ACE C $2,854.97 PUB WRKS SU�PV 6337 ACE D $2,997.72 PUB WRKS SUPS' 6337 ACE E $3,147.60 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*74AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* PUMP MAINT SUPV 6392 ACE A $2,592.54 PUMP MAI NT SUPV 6392 ACE B $2,722.17 PUMP MAINT SUPV 6392 ACE C $2,858.28 PUMP MAI NT SUPV 6392 ACE D $3,001.18 PUMP MAINT SUPV 6392 ACE E $3,,151.25 PUMP MAI NT TECH 6396 ACE A $2,212.25 PU M P MAI NT TECH 6396 ACE B $2,3.22.87 PUMP MAI NT TECH 6396 ACE C $2,439.02 PU M P MAI NT TECH 6396 ACE D $2,560.94 PUMP MAI NT TECH 6396 ACE E $2,689.01 PURCHASING AGT 3711 Sm A $4,016.92 PURCHASING AGT 3711 Sm B $0.00 PURCHASING AGT 3711 Sm C $0.00, PURCHASING AGT 3711 Sm D $0.00 PURCHASING AGT 3711 Sm E $4,882.59 RANGE MASTER 5417 ACE A $11837.58 RANGE MASTER 5417ACE B $1,929.46 RANGE MASTER 5417 ACE C $2,025.94 RANGE MASTER 5417' ACE D $2,127.24 RANGE MASTER 5417 ACE E $2,233.61 RANGE MASTER 5418 UCHR A $1,837.58 RANGE MASTER 5418 UCHR B $1,929.46 RANGE MASTER 5418 UCHR C $2,025.94 RANGE MASTER 5418 UCHR D $2,127.24 RANGE MASTER 5418 UCHR E $2,233.61 REAL PROP MGR 6037' MMUC A $3,719.21 REAL PROP MGR 6037 MMUC B $3,905.17 REAL PROP MGR 6037' MMUC C $4,100.43 REAL PROP MGR 6037 MMUC D $4,305.45 REAL PROP MGR 6037' MMUC E $41520.72 REC AIDE 7605 UCHR A $0.00, REC AIDE 7605 UCHR B $0.00, REC AIDE 7605 UCHR C $0.00, REC AIDE 7605 UCHR D $0.00, REC AIDE 7605 UCHR E $1,040.00 REC LEADER 7603 UCHR A $1,053.72 REC LEADER 7603 UCHR B $1,106.40 REC LEADER 7603 UCHR C $1,161.72 REC LEADER 7603 UCHR D $1,219.81 REC LEADER 7603 UCHR E $1,280.80 REC SPECIALIST 7601 UCHR A $1,264.33 REC SPECIALIST 7601 UCHR B $1,327.55 REC SPECIALIST 7601 UCHR C $1,393.92 REC SPECIALIST 7601 UCHR D $1,463.62 UCHR REC SPECIALIST 7601 UCH, E $1,536.80 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* REC SUPVISR 1 7425 A C E A $1,950.82. REC SUPVISR. 1 7425 ACE B $2,048.35 REC SUPVISR 1 7425 ACE C $2,,150.78 REC SUPVISR. 1 7425 ACE D $2,258.31 REC SUPVISR 1 7425 ACE E $2,371.22. REC SUPVISR. 1 7426 UCHR A $1,950.82 REC SUPVISR 1 7426 UCHR B $2,048.35 REC SUPVISR. 1 7426 UCHR C $2,150.78 REC SUPVISR 1 7426 UCHR D $2,258.31 REC SUPVISR. 1 7426 UCHR E $2,371.22 REC SUPVISR 11 7423 ACE A $2,145.90 REC SUPVISR 11 7423 ACE B $2,253.19 REC SUPVISR 11 7423 ACE C $2,365.86 REC SUPVISR 11 7423 ACE D $2,484.15 REC SUPVISR 11 7423 ACE E $2,608.36 REC SUPVISR 111 7422 ACE A $21467.80 REC SUPVISR 111 7422 ACE B $2,591.19 REC SUPVISR 111 7422 ACE C $2,720.75 REC SUPVISR 111 7422 ACE D $2,856.79 REC SUPVISR 111 7422 ACE E $2,999.63 RECORDS MANAGER 2211 MM A $2,760.80 RECORDS MANAGER 2211 MM B $2,898.84 RECORDS MANAGER 2211 MM C $3,043.79 RECORDS IMAINAGER 2211 MM D $3,195.98 RECORDS MANAGER 2211 MM E $3,355.77 RECORDS SPEC 2217ACE A $1,652.84 RECORDS SPEC 2217 ACE B $1,735.49 RECORDS SPEC 2217' ACE C $1,822.26 RECORDS SPEC 2217 ACE D $1,913.38 RECORDS SPEC 2217' ACE E $2,009.03 RECYCLG SPEC 1 2742 ACE A $1,924.37 RECYCLG SPEC 1 2742 ACE B $2,020.59 RECYCLG SPEC 1 2742 ACE C $2,121.62 RECYCLG SPEC 1 2742 ACE D $2,227.69 RECYCLG SPEC 1 2,742 ACE E $2,339.08 RECYCLG SPEC 11 2744 ACE A $2,116.81 RECYCLG SPEC 11 2,744 ACE B $2,222-66 RECYCLG SPEC 11 2744 ACE C $2,333.78 RECYCLG SPEC 11 2,744 ACE D $2,450.48 RECYCLG SPEC 11 2744 ACE E $2,573.00 REG VET TECH 5307 ACE A $1,837-58 REG VET TECH 5307 ACE B $1,929.46 REG VET TECH 5307 ACE C $2,025.94 REG VET TECH 5307 ACE D $2,127.24 REG VET TECH 5307 ACE E $2,233.61 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* REG VET TECH 5312 UCHR A $1,,837'.58 REG VET TECH 5312 UCHR B $1,929.46 REG VET TECH 5312 UCHR C $2,025.94 REG VET TECH 5312 UCHR D $21127.24 REG VET TECH 5312 UCHR E $2,233.61 RET ANNT- HO C 9901 UCHR A $3,021.63 RET ANNT- HO C 9901 UCHR B $3,,172.71 RET ANN T- HO C 9901 UCHR C $3,331.35 RET ANNT- HO C 9901 UCHR D $31497.91 RET ANN T- HO C 9901 UCHR E $3,672.81 REVENUE MANAGER 3689 Sm A $4,307.54 REVENUE MANAGER 3689 Sm B $0.00 REVENUE MANAGER 3689 Sm C $0.00 REVENUE MANAGER 3689 Sm D $0.00 REVENUE MANAGER 3689 Sm E $5,235.84 RISK MANAGER 3361 Sm A $4,183.58 RISK MANAGER 3361 Sm B $0.00, RISK MANAGER 3361 Sm C $0.00 RISK MANAGER 3361 Sm D $0.00, RISK MANAGER 3361 Sm E $5,085.23 RISK MGMT SPEC 3367 PROF A $2,787.25 RISK MGMT SPEC 3367 PROF B $2,926.61 RISK MGMT SPEC 3367 PROF C $3,072.°95 RISK MGMT SPEC 3367PRC,F D $3,226.59 RISK MGMT SPEC 3367 PROF E $3,387.92 SEASONAL ASST 0231 UCHR A $0.00, SEASONAL ASST 0231 UCHR B $0.00, SEASONAL ASST 0231 UCHR C $0.00, SEASONAL ASST 0231 UCHR D $0.00, SEASONAL ASST 0231 UCHR E $1,040.00 SECRETARY 0171 ACE A $1,652.84 SECRETARY 0171 ACE B $1,735.49 SECRETARY 0171 ACE C $1,822.26 SECRETARY 0171 ACE D $1,913.38 SECRETARY 0171 ACE E $2,009.03 SGML SYS ENG 1 6169 ACE A $2,801.73 SGML SYS ENG 1 6169 ACE B $2,941.81 SGML SYS ENG 1 6169 ACE C $3,088.90 SGML SYS ENG 1 6169 ACE D $3,243.36 SGML SYS ENG 1 6169 ACE E $3,405.51 SGML SYS ENG 11 6170 ACE A $3,081.89 SGML SYS ENG 11 6170 ACE B $3,236.00 SGML SYS ENG 11 6170 ACE C $31397.79 SGML SYS ENG 11 6170 ACE D $3,567.68 jSGNL SYS ENG 11 1 6170 ACE E $3,746.06 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*A094'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SIGN&STRPE SUPV 6355 ACE A $2,589.54 SIGNI&STRPE SUPV 6355 ACE B $2,719.01 SIGN&STRPE SUPV 6355 ACE C $2,854.97 SIGN&STRPE SUPV 6355 ACE D $21997.72 SIGN&STRPE SUPV 6355 ACE E $31147.60 SMART TECH OFF 2736 Sm A $4,080.54 SMART TECH OFF 2736 Sm B $0..00, SMART TECH OFF 2736 Sm C $0.00 SMART TECH OFF 2736 Sm D $0..00, SMART TECH OFF 2736 Sm E $4,959.92 SPEC EVNTS COOK 2799 PRUC A $3,185.54 SPEC EVNTS COOK 2.799 PRUC B $3,344.82 SPEC EVNTS COOK 2799 PRUC C $3,512.06 SPEC EVNTS COOK 2.799 PRUC D $31687.67 SPEC EVNTS COOK 2799 PRUC E $3,872.05 SR ACCOUNTANT 3630 MMCF A $2,968.38 SR ACCOUNTANT 3630 MMCF B $3,116.80 SR ACCOUNTANT 3630 MMCF C $3,272.64 SR ACCOUNTANT 3630 MMCF D $3,436.27 SR ACCOUNTANT 3630 MMCF E $3,608.09 SR ACCT G ASST 3651 ACE A $1,963.96 SR ACCTG ASST 3651 ACE B $2,062.16 SR ACCT G ASST 3651 ACE C $2,165.28 SR ACCTG ASST 3651 ACE D $2,273.55 SR ACCT G ASST 3651 ACE E $2,387.22 SR ADMIN SEC 0145 CONF A $2,321.52 SR ADMIN SEC 0145 CONF B $2,437.59 SR ADMIN SEC 0145 CONF C $2,559.48 SR ADMIN SEC 0145 CONF D $2,687.43 SR ADMIN SEC 0145 CONF E $2,821.81 SR ADMIN SEC 0185 ACE A $2,321.52 SR ADIVI I 1\1 SEC 0185 ACE B $2,437.59 SR ADMIN SEC 0185 ACE C $2,559.48 SR ADMIN SEC 0.185 ACE D $2,687.43 SR ADIVI IN SEC 0185 ACE E $2,821.81 SR ANML CR SPEC 5345 ACE A $1,761.01 SR ANML CR SPEC 5345 ACE B $1,849.07 SR ANML CR SPEC 5345 ACE C $1,941.51 SR ANML CR SPEC 5345 ACE D $2,038-59 SR ANML CR SPEC 5345 ACE E $2,140.52 SR APP SUP SPEC 3089 PROF A $3,429.31 SR APP SUP SPEC 3089 PROF B $3,600.78 SR APP SUP SPEC 3089 PROF C $3,780.82 SR APP SUP SPEC 3089 PROF D $3,969.86 SR APP SUP SPEC 3089 PROF E $4,168.35 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*R094'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR ASST CTY ATT 2403 EM, A $6,309.92 SR ASST CTY ATT 2403 EXEC B $0.00 SR ASST CTY ATT 2403 EM, C $0..00 SR ASST CTY ATT 2403 EXEC D $0.00 SR ASST CTY ATT 2403 EXEC E $7,,669.75 SR BLDG INSP 4781 ACE A $3,082.82 SR BLDG INISP 4781 ACE B $3,236.97 SR BLDG INSP 4781 ACE C $3,398.82 SR BLDG INISP 4781 ACE D $3,,568.76 SR BLDG INSP 4781 ACE E $31747.18 SR BUS LIC IREP 4507 ACE A $1,963.96 SR BUS LIC REP 4507 ACE B $2,062.16 SR BUS LIC REP 4507 ACE C $2,165.28 SR BUS LIC REP 4507 ACE D $2,273.55 SR BUS LIC REP 4507 ACE E $2,387.22 SR CIVIL ENG 6019 'SCE A $3,866.99 SR CIVIL ENG 6019 INCE B $4,060.32 SR CIVIL ENG 6019 'SCE C $4,263.37 SR CIVIL ENG 6019 INCE D $4,,476.53 SR CIVIL ENG 6019 'SCE E $4,700.34 SR CODE ENF OFF 4763 ACE A $2,945.54 SR CODE ENF OFF 4763 ACE B $3,092.82 SR CODE ENF OFF 4763 ACE C $3,247.47 SR CODE ENF OFF 4763 ACE D $3,409.83 SR CODE ENF OFF 4763 ACE E $3,580.33 SR CODE ENF OFF 4764 UCHR A $2,945.54 SR CODE ENF OFF 4764 UCHR B $3,092.82 SR CODE ENF OFF 4764 UCHR C $3,247.47 SR CODE ENF OFF 4764 UCHR D $3,409.83 SR CODE ENF OFF 4764 UCHR E $3,580.33 SR COUNCIL ASST 2025 UCHR A $2,182.56 SR COUNCIL ASST 2025 UCHR B $21291.70 SR COUNCIL ASST 2025 UCHR C $2,406.27 SR COUNCIL ASST 2025 UCHR D $2,526.57 SR COUNCIL ASST 2025, , U�CHR E $2,652.92 SR COUNCIL ASST 2027 CONF A $1,812.15 SR COUNCIL ASST 2027, , CONF B $11902.75 SR COUNCIL ASST 2027 CONF C $1,997.88 SR COUNCIL ASST 2027, , CONF D $21097.78 SR COUNCIL ASST 2027 CONF E $2,202.67 SR DEP CITY CLK 2208 PRUC A $2,758.41 SR IDEP CITY CLK 2208 PRUC B $2,896.33 SR DEP CITY CLK 2208 PRUC C $3,041.15 SR IDEP CITY CLK 2208 PRUC D $3,193.20 SR DEP CITY CLK 2208 PRUC E $3,352.86 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*NigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR ECON DEV SPC 2725 PROF A $3,193.61 SR ECON DEV SPC 2725 PROF B $3,353.29 SR ECON DEV SPC 2725 PROF C $3,,520.95 SR ECON DEV SPC 2725 PROF D $31697.00 SR ECON DEV SPC 2725 PROF E $3,881.85 SR ELEC TECH 6471 ACE A $2,824.72 SR ELEC TECH 6471 ACE B $2,965.96 SR ELEC TECH 6471 ACE C $3,114.25 SR ELEC TECH 6471 ACE D $3,269.97 SR ELEC TECH 6471 ACE E $3,433.45 SR ELECTRICIAN 6442 ACE A $2,,567'.87 SR ELECTRICIAN 6442 ACE B $2,696.27 SR ELECTRICIAN 6442 ACE C $2,831.07 SR ELECTRICIAN 6442 ACE D $2,972.62 SR ELECTRICIAN 6442 ACE E $3,121.25 SR ENG TECH 6059 ACE A $2,680.72 SR ENG TECH 6059 ACE B $2,814.76 SR ENG TECH 6059 ACE C $2,955.49 SR ENG TECH 6059 ACE D $3,103.28 SR ENG TECH 6059 ACE E $3,258.44 SR EQUIP MECH 6512 ACE A $2,423.17 SR EQUIP MECH 6512 ACE B $2,544.33 SR EQUIP MECH 6512 ACE C $2,671.55 SR EQUIP MECH 6512 ACE D $2,805.11 SR EQUIP MECH 6512 ACE E $2,945.37 SR FIRE INIS/INV 5529 IAFF A $3,128.09 SR FIRE INS/INV 5529 IAFF B $3,284.49 SR FIRE INIS/INV 5529 IAFF C $31448.72 SR FIRE INS/INV 5529 IAFF D $3,621.16 SR FIRE INIS/INV 5529 IAFF E $3,802.21 SR FSCL OF SPEC" 0141 CONF A $1,735.48 SR IFSCL OF SPEC 0141 CONF B $1,822.25 SR FSCL OF SPEC 0141 CONF C $1,913.37 SR IFSCL OF SPEC 0141 CONF D $2,009.03 SR FSCL OF SPEC 0141 CONF E $2,109.49 SR IFSCL OF SPEC 0175 ACE A $1,735.48 SR FSCL OF SPEC 0175 ACE B $1,822.25 SR IFSCL OF SPEC 0175 ACE C $1,913.37 SR FSCL OF SPEC 0175 ACE D $2,009.03 SR IFSCL OF SPEC 0175 ACE E $2,109.49 SR FSCL OF SPEC 0176 UCHR A $1,735.48 SR IFSCL OF SPEC 0176 UCHR B $1,822.25 SR FSCL OF SPEC 0176 UCHR, C $1,913.37 SR IFSCL OF SPEC 0176 UCHR D $2,009.03 SR FSCL OF SPEC 0176 UCHR, E $2,109.49 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*74igAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR GARDENER 6621 ACE A $2,038.74 SR GARDENER 6621 ACE B $2,140.67 SR GARDENER 6621 ACE C $21247.71 SR GARDENER 6621 ACE D $2,360.11 SR GARDENER 6621 ACE E $2,478.10 SR GIS SPEC 3080 ACE A $2,771.56 SR GIS SPEC 3080 ACE B $2,910.15 SR GIS SPEC 3080 ACE C $3,055.65 SR GIS SPEC 3080 ACE D $3,208.44 SR GIS SPEC 3080 ACE E $3,368.86 SR GRRHC DESGR 2764 PROF A $2,886.40 SR GRRHC DESGR 2764 PROF B $3,030.72 SR GRPHC DESGR 2764 PROF C $3,182.26 SR GRRHC DESGR 2764 PROF D $3,341.37 SR GRPHC DESGR 2764 PROF E $3,508.44 SR HIR ANALYST 3308 PROF A $3,205.48 SR HIR ANALYST 3308 PROF B $3,365.76 SR HIR ANALYST 3308 PROF C $3,534.05 SR HIR ANALYST 3308 PROF D $3,710.75 SR HIR ANALYST 3308 PROF E $3,896.29 SR HIR ANALYST 3313 UCH A $3,205.48 SR HIR ANALYST 3313 UCHR B $3,365.76 SR HIR ANALYST 3313 UCH C $3,534.05 SR IHR ANALYST 3313 UCH D $31710.75 SR HIR ANALYST 3313 UCH E $3,896.29 SR IHR TECH 3316 CONF A $2,305.93 SR HIR TECH 3316 CONF B $2,421.23 SR IHR TECH 3316 CONF C $2,542.29 SR HIR TECH 3316 CONF D $2,669.42 SR IHR TECH 3316 CONF E $2,802.88 SR HIVAC TECH 6441 ACE A $2,567.87 SR (HVAC TECH 6441 ACE B $2,696.27 SR HIVAC TECH 6441 ACE C $2,831.07 SR (HVAC TECH 6441 ACE D $2,972.62 SR HIVAC TECH 6441 ACE E $3,121.25 SR IIT SURP SPEC 3012 PROF A $3,223.98 SR IT SUPP SPEC 3012 PROF B $3,385-18 SR IIT SURP SPEC 3012 PROF C $3,554.44 SR IT SUPP SPEC 3012 PROF D $3,732.16 SR IIT SURP SPEC 3012 PROF E $3,918.77 SR LAND SRVYR 6285 WCE A $3,866-99 SR ILANU SRVYR. 6285 WCE B $4,060.32 SR LAND SRVYR 6285 WCE C $4,263.37 SR LAND SRVYR. 6285 WCE D $4,476.53 SR LAND SRVYR 6285 WCE E $4,700.34 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR LEGAL ASST 2463 CONF A $2,344.50 SR LEGAL ASST 2463 CONF B $2,461.72 SR LEGAL ASST 2463 CONF C $2,584.81 SR LEGAL ASST 2463 CONF D $2,714.05 SR LEGAL ASST 2463 CONF E $2,849.76 SR LIBRARIAN 7053 mm A $2,756.76 SR LIBRARIAN 7053 mm B $2,894.60 SR LIBRARIAN 7053 mm C $3,039.33 SR LIBRARIAN 7053 mm D $3,191.29 SR LIBRARIAN 7053 mm E $3,350.86 SR LIFEGUARD 7589 UCHR A $11337.40 SR LIFEGUARD 7589 UCHR B $1,404.27 SR LIFEGUARD 7589 UCHR C $1,,474.48 SR LIFEGUARD 7589 UCHR D $1,548.21 SR LIFEGUARD 7589 UCHR E $1,625.62 SR LNDS,CPE INSP 6295 ACE A $2,802.58 SR LNDSCPE INSP 6295 ACE B $2,942.71 SR LNDS,CPE INSP 6295 ACE C $3,089.84 SR LNDSCPE INSP 6295 ACE D $3,244.32 SR LNDS,CPE INSP 6295 ACE E $3,406.55 SR LTNT PRT EXM 5110 ACE A $3,308.93 SR LTNT PRT EXM 5110 ACE B $3,474.39 SR LTNT PRT EXM 5110 ACE C $3,64x8.10 SR LTNT PRT EXM 5110 ACE D $3,830.51 SR LTNT PRT EXM 5110 ACE E $4,022.03 SR IMAINT WKR 6371 ACE A $21038.74 SR IMAM NT WKR 6371 ACE B $2,140.67 SR IMAINT WKR 6371 ACE C $21247.71 SR MAIINT WKR 6371 ACE D $2,360.11 SR IMAINT WKR 6371 ACE E $2,478.10 SR MGMT ANALYST 0206 PROF A $3,046.34 SR IMG MT ANALYST 0206 PROF B $3,198.66 SR MGMT ANALYST 0206 PROF C $3,358.59 SR IMGMT ANALYST 0206 PROF D $3,526.52 SR MGMT ANALYST 0206 PROF E $3,702.85 SR OFFICE SPEC 0173 ACE A $1,652.84 SR OFFICE SPEC 0173 ACE B $1,735.49 SR OFFICE SPEC 0173 ACE C $1,822.26 SR OFFICE SPEC 0173 ACE D $1,913.38 SR OFFICE SPEC 0173 ACE E $2,009.03 SR OS INSP 6309 ACE A $2,802-59 SR CIS II NSP 6309 ACE B $2,942.72 SR OS INSP 6309 ACE C $3,089.85 SR CIS IINSP 6309 ACE D $3,244.33 SR OS INSP 6309 ACE E $31406-56 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*744AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR ME SPEC 5125 ACE A $1,921.12 SR ME SPEC 5125 ACE B $21017.18 SR ME SPEC 5125 ACE C $2,118.04 SR ME SPEC 5125 ACE D $2,223.93 SR ME SPEC 5125 ACE E $2,335.14 SR PARK RANGER 7439 ACE A $2,038.74 SR PARK RANGER 7439 ACE B $2,140.67 SR PARK RANGER 7439 ACE C $21247.71 SR PARK RANGER 7439 ACE D $2,360.11 SR PARK RANGER 7439 ACE E $2,478.10 SR PARK ENF OFF 5157 ACE A $1,670.54 SR PARK ENF OFF 5157 ACE B $1,754.07 SR PARK ENF OFF 5157 ACE C $1,841.77 SR PARK ENF OFF 5157 ACE D $1,933.86 SR PARK ENF OFF 5157 ACE E $2,030.54 SR PGMMR ANLYST 3091 PROF A $3,529.14 SR PG M M R ANLYST 3091 PROF B $3,705.60 SR PGMMR ANLYST 3091 PROF C $3,890.88 SR PG M M R ANLYST 3091 PROF D $4,085.42 SR PGMMR ANLYST 3091 PROF E $4,289.69 SR PLAN CK ENG 4746 INCE A $3,698.86 SR PILANI CK ENG 4746 'LANCE B $3,883.82 SR PLAN CK ENG 4746 INCE C $4,078.00 SR IPLANI CK ENG 4746 INCE D $4,281.90 SR PLAN CK ENG 4746 INCE E $4,496.00 SR IPILANI CK TECH 4751 ACE A $21680.72 SR PLAN CK TECH 4751 ACE B $2,814.76 SR IPILANI CK TECH 4751 ACE C $2,955.49 SR PLAN CK TECH 4751 ACE D $3,103.28 SR IPLANI CK TECH 47'51 ACE E $3,258.44 SR PLANNER 4432 PROF A $3,193.61 SR IPILANINER 4432 PROF B $3,353.29 SR PLANNER 4432 PROF C $3,520.95 SR IPILANINER 4432 PROF D $3,697.00 SR PLANNER 4432 PROF E $3,881.85 SR PLNNING TECH 4529 ACE A $2,202.60 SR PL,NNING TECH 4529 ACE B $21312.74 SR PLNNING TECH 4529 ACE C $2,428.38 SR PLN NING TECH 4529 ACE D $21549.79 SR PLNNING TECH 4529 ACE E $2,677.29 SR POL RCD SPEC 0135 ACE A $1,727.99 SR IDOL RCD SPEC 0135 ACE B $1,814.39 SR POL RCD SPEC 0135 ACE C $1,905-09 SR IDOL RCD SPEC 0135 ACE D $2,000.35 SR POL RCD SPEC 0135 ACE E $2,100.37 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*�§igkgMn. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR DOLT CSPEC 5 109 PROF A $3,,505.35 SR POL TEC SPEC 5 109 PROF B $3,680.61 SR POL TEC SPEC 5 109 PROF C $3,864.65 SR POL TEC SPEC 5 109 PROF D $41057.88 SR DOLT CSPEC 5 109 PROF E $4,,260.77 SR PROC SPEC 3728 PROF A $2,619.61 SR RROC SPEC 3728 PROF B $2,,750.59 SR PROC SPEC 3728 PROF C $2,888.12 SR RROC SPEC 3728 PROF D $3,032.52 SR PROC SPEC 3728 PROF E $3,184.15 SR PROJECT COOK 4214 PROF A $3,193.61 SR PROJECT COOK 4214 PROF B $3,353.29 SR PROJECT COOK 4214 PROF C $3,520.95 SR PROJECT COOK 4214 PROF D $31697.00 SR PROJECT COOK 4214 PROF E $3,881.85 SR PS ANALYST 5260 PROF A $2,885.66 SR PS ANALYST 5260 PROF B $3,029.95 SR PS ANALYST 5260 PROF C $3,181.45 SR PS ANALYST 5260 PROF D $3,340.52 SR PS ANALYST 5260 PROF E $31507.54 SR PW INSP 6101 ACE A $3,082.83 SR PW INIS,P 6101 ACE B $3,236.98 SR PW INSP 6101 ACE C $3,398.83 SR IPV INSP 6101 ACE D $31568.77 SR PW INSP 6101 ACE E $3,747.19 SR IPV SPEC 6702 ACE A $2,331.06 SR PW SPEC 6702 ACE B $2,447.61 SR IPV SPEC 6702 ACE C $2,569.99 SR PW SPEC 6702 ACE D $2,698.49 SR IPV SPEC 6702 ACE E $2,833.42 SR RECORDS SPEC 2215 ACE A $1,900.77 SR IRIECORDS SPEC 2215 ACE B $1,995.81 SR RECORDS SPEC 2215 ACE C $2,095.59 SR IRIECORDS SPEC 2215 ACE D $2,200.38 SR RECORDS SPEC 2,215 ACE E $2,310.40 SR RSK MGT SPEC 3365 PROF A $3,205.48 SR RS K MGT SPEC 3365 PROF B $31365.76 SR RSK MGT SPEC 3365 PROF C $3,534.05 SR RS K MGT SPEC 3365 PROF D $31710.75 SR RSK MGT SPEC 3365 PROF E $3,896.29 SR SECRETARY 0139 CONF A $1,818.13 SR SECRETARY 0139 CONF B $1,909.04 SR SECRETARY 0139 CONF C $2,004.49 SR SECRETARY 0139 CONF D $2,104.72 ISR SECRETARY 0139 CONF I E $2,209-95 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*Ni9AJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* SR SECRETARY O177 ACE A $1,818.13 SR SECRETARY 0177 ACE B $1,909.04 SR SECRETARY 0177 ACE C $2,004.49 SR SECRETARY 0177 ACE D $2,104.72 SR SECRETARY 0177 ACE E $2,209.95 SR TREE TRIMMER 6573 ACE A $2,242.61 SR TREE TRIMMER 6573 ACE B $2,,354.74 SR TREE TRIMMER 6573 ACE C $2,472.48 SR TREE TRIMMER 6573 ACE D $2,596.10 SR TREE TRIMMER 6573 ACE E $2,725.90 SR WEBMASTER 2779 PROF A $2,896.98 SR WEBMASTER 2779 PROF B $3,041.83 SR WEBMIASTER 2779 PROF C $3,193.92 SR WEBMASTER 2779 PROF D $3,353.62 SR WEBMIASTER 2779 PROF E $3,5.21.30 ST PR SUP 3732 ACE A $2,038.74 STKPR SUP 3732 ACE B $2,140.67 ST PR SUP 3732 ACE C $21247.71 STI PR SUP 3732 ACE D $2,360.11 ST PR SUP 3732 ACE E $2,478.10 STMWR CP INS 1 6127ACE A $2,215.47 STMWR CP INS 1 6127 ACE B $2,326.24 STMWR CP INS 1 6127 ACE C $2,442.55 STMWR CP INS 1 6127' ACE D $2,564.69 STMWR CP INS 1 6127 ACE E $2,692.91 STMWR CP INS 11 6125 ACE A $2,437.04 STMWR CP INS 11 6125 ACE B $2,558.87 STMWR CP INS 11 6125 ACE C $2,686.83 STMWR CP INS 11 6125 ACE D $2,821.16 STMWR CP INS 11 6125 ACE E $2,962.22 STMWR EN SPC 1 6137 ACE A $2,547.80 STMWR EN SPC 1 6137' ACE B $2,675.19 STMWR EN SPC 1 6137 ACE C $2,808.95 STMWR EN SPC 1 6137' ACE D $2,949.40 STMWR EN SPC 1 6137 ACE E $3,096.87 STMWR EN SPC 11 6135 ACE A $2,802.59 STMWR EN SPC 11 6135 ACE B $21942.72 STMWR EN SPC 11 6135 ACE C $3,089.85 STMWR EN SPC 11 6135 ACE D $3,244.33 ISTMWR EN SPC 11 6135 ACE E $3,406.56 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*MigAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* STMWR PG MGR 6131 MM A $3,565.34 STMWR PG MGR 6131 MM B $3,743.61 STMWR PG MGR 6131 MM C $3,930.79 STMWR PG MGR 6131 MM D $41127.33 STMWR PG MGR 6131 MM E $4,333.69 STOREKEEPER 3734 ACE A $1,698.95 STOREKEEPER 3734 ACE B $1,783.89 STOREKEEPER 3734 ACE C $1,873.10 STOREKEEPER 3734 ACE D $1,966.75 STOREKEEPER 3734 ACE E $2,065.09 SUPV PS ANALYST 5241 MM A $3,318.51 SUPV PS,ANALYST 5241 MM B $3,484.44 SU PV' PS ANALYST 5241 MM C $3,658.66 SUPV PS,ANALYST 5241 MM D $3,841.59 SU PV' PS ANALYST 5241 MM E $4,033.67 SURVEYTECH I 6151 ACE A $2,119.15 SURVEY TECH I 6151 ACE B $2,225.10 SURVEY TECH I 6151 ACE C $2,336.35 SURVEY TECH I 6151 ACE D $2,453.17 SURVEY TECH I 6151 ACE E $2,575.84 SURVEY TECH 11 6141 ACE A $2,331.06 SURVEY TECH 11 6141 ACE B $21447.61 SURVEY TECH 11 6141 ACE C $2,569.99 SURVEY TECH 11 6141 ACE D $2,698.49 SURVEY TECH 11 6141 ACE E $2,833.42 SYS/DB ADMIN 3015 PROF A $31223.71 SYS/DB ADMIN 3015 PROF B $3,384.90 SYS/DB ADMIN 3015 PROF C $3,554.14 SYS/DB ADMIN 3015 PROF D $3,731.85 SYS/DB ADMIN 3015 PROF E $3,918.44 TELECOMI SPEC 3027 ACE A $1,961.21 TELECOM SPEC 3027ACE B $2,059.27 TELECOMI SPEC 3027 ACE C $2,162.23 TELECOM SPEC 3027' ACE D $2,270.34 TELECOMI SPEC 302,7 ACE E $2,383.86 TINY TOT AIDE 7503 UCHR A $1,053.72 TINY TOT AIDE 7503 U�CHR B $1,106.40 TINY TOT AIDE 7503 UCHR C $1,161.72 TINY TOT AIDE 7503 U�CHR D $1,219.81 TINY TOT AIDE 7503 UCHR E $1,280.80 TINY TOT SPEC 7505 U�CHR A $1,264.33 TINY TOT SPEC 7505 UCHR B $1,327.55 TINY TOT SPEC 7505 U�CHR C $1,393.92 TINY TOT SPEC 7505 UCHR D $1,463.62 TINY TOT SPEC 7505 U�CHR E $1,536.80 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98*AgAgA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* TRAFF CTRL ASST 5155 UCHR A $0..00 TRAFF CTRL ASST 5155 UCHR B $0.00 TRAFF CTRL ASST 5155 UCHR C $0..00 TRAFF CTRL ASST 5155 UCHR D $0.00 TRAFF CTRL ASST 5155 UCHR E $1,255.20 TRAFF OFFICER 5293 UCHR A $1,139.42 TRAFF OFFICER 5293 UCHR B $1,195.84 TRAFF OFFICER 5293 UCHR C $1,255.53 TRAFF OFFICER 5293 UCHR D $0..00 TRAFF OFFICER 5293 UCHR E $0.00 TRAFF S&L TCH 1 6187 ACE A $2,232.98 TRAFF S&L TCH 1 6187 ACE B $2,344.63 TRAFF S&L TCH 1 6187ACE C $2,461.86 TRAFF S&L TCH 1 6187 ACE D $2,584.95 TRAFF S&L TCH 1 6187' ACE E $2,714.20 TRAFF S&L TCH 11 6185 ACE A $2,456.28 TRAFF S&L TCH 11 6185 ACE B $2,579.09 TRAFF S&L TCH 11 6185 ACE C $2,708.05 TRAFF S&L TCH 11 6185 ACE D $2,843.44 TRAFF S&L TCH 11 6185 ACE E $2,985.62 TRAFF S&L SUPS' 6181 ACE A $2,824.72 TRAFF S&L SUPS" 6181 ACE B $2,965.96 TRAFF S&L SUPS' 6181 ACE C $3,114.25 TRAFF S&L SUP " 6181 ACE D $3,269.97 TRAFF S&L SUPS' 6181 ACE E $3,433.45 TRAIN PGM SPEC 5250 UCHR A $1,961.03 TRAIN PGM SPEC 5250 UCHR B $2,059.07 TRAIN PGM SPEC 5250 UCHR C $2,162.03 TRAIN PGM SPEC 5250 UCHR D $2,270.13 TRAIN PGM SPEC 5250 UCHR E $2,383.64 TRAIN PGM SPEC 5262 ACE A $1,961.03 TRAIN PGM SPEC 5262 ACE B $2,059.07 TRAIN PGM SPEC 5262 ACE C $2,162.03 TRAIN PGM SPEC 5262 ACE D $2,270.13 TRAIN PGM SPEC 5262 ACE E $2,383.64 IRAN ENG W CERT 6031 WCE A $3,866.99 TRAM ENG W CERT 6031 WCE B $4,060.32 TRAN ENG W CERT 6031 WCE C $4,263.37 TRAM ENG W CERT 6031 WCE D $4,476-53 TRAN ENG W CERT 6031 WCE E $4,700.34 TRAM ENG WO CRT 6033 WCE A $3,682.85 TRAN ENG WO CRT 6033 WCE B $3,866.99 TRAM ENG WO CRT 6033 WCE C $4,060.33 TRAN ENG WO CRT 6033 WCE D $4,263.37 TRAM ENG WO CRT 6033 WCE E $4,476-53 Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 MiUAJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* TREE TRIVIR 6575 ACE A $1,868.85 TREE TRIVIR 6575 ACE B $1,962.29 TREE TRIM R 6575 ACE C $2,060.40 TREE TRIVIR 6575 ACE D $2,163.41 TREE TRIVIR 6575 ACE E $2,271.59 TREE TRIVIR SUPV 6572 ACE A $2,579.02 TREE TRIM R SU PV 6572 ACE B $2,,707.98 TREE TRIVIR SU PV 6572 ACE C $2,843.36 TREE TRIM R SU PV 6572 ACE D $2,985.52. TREE TRIVIR SU PV 6572 ACE E $3,134.81 VET 5368 UCHR A $3,816.80 VET 5368 UCHR B $41007.65 VET 5368 UCHR C $4,208.02 VET 5368 UCHR D $4,418.42 VET 5368 UCHR E $4,639.34 VET(PERMITTED) 5322 UCHR A $5,558.44 VET(PERMIITTED) 5322 UCHR B $5,836.37 VET(PERMITTED) 5322 UCHR C $6,128.19 VET(PERMITTED) 5322 UCHR D $6,434.59 VET(PERMITTED) 5322 UCHR E $6,756.32 VET(PERMIITTED) 5331 PROF A $4,607.14 VET(PERMITTED) 5331 PROF B $41837.49 VET(PERMIITTED) 5331 PROF C $5,079.37 VET(PERMITTED) 5331 PROF D $5,333.34 VET(PERMIITTED) 5331 PROF E $5,600.00 VET ASST 5323 UCHR A $1,531.33 VET ASST 5323 UCHR B $1,607.90 VET ASST 5323 UCHR C $1,688.29 VET ASST 5323 UCHR D $1,772.71 VET ASST 5323 UCHR E $1,861.34 VET ASST 5325 ACE A $1,531.33 VET ASST 5325 ACE B $1,607.89 VET ASST 5325 ACE C $1,688.28 VET ASST 5325 ACE D $11772.71 VET ASST 5325 ACE E $1,861.34 VET 1 5335 PROF A $3,272.11 VET 1 5335 PROF B $31435.71 VET 1 5335 PROF C $3,607.50 VET 1 5335 PROF D $3,787.87 VET 1 5335 PROF E $3,977.27 VET 11 5333 PROF A $3,762.92 VET I 1 5333 PROF B $3,951.06 VET 11 5333 PROF C $4,148.62 VET I 1 5333 PROF D $4,356.05 IVET 11 5333 1 PROF I E $4,573.85 Approved and Adopted: RAW"'44OAgenda Packet Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98 ikOJA'An. CITY OF Fiscal Year 2020-2021 Compensation Schedule CH U LA VISTA, Effective July 17, 2020 POSITION TITLE PCN BARG STEP BI-WEEKLY RATE* VOL COC IRD 7131 ACE A $1,673.98 VO LCOORD 7131 ACE B $11757.68 VOL COC IRD 7131 ACE C $1,,845.57 VO LCOORD 7131 ACE D $11937.84 VOL COC IRD 7131 ACE E $2,034.73 WEBMASTER 2.777 ACE A $2,519.61 WEBMASTER 2777 ACE B $2,645.58 WEBMASTER 2.777 ACE C $21777.87 WEBMASTER 2777 ACE D $2,916.75 WEBMASTER 2.777 ACE E $3,062.59 Effective Pay Period Beginnning December 31,,2021 POSITION TITLE PCN BARG STEP 131-WEEKLY RATE* EMT(NON-SFTY) 5657 1AFF A $1,200.00 EMT(NON-SFTY) 5657 1AFF B $1,260.00 EMT(NON-SFTY) 5657 1AFF C $1,323.00 EMT(NON-SFTY) 56571AFF D $1,389.15 EMT(NON-SFTY) 5657 1AFF E $11458.61 PARAMEDIC (NS) 5655 1AFF A $1,440.00 PARAMED1C(NS) 5655 1AFF B $1,512.00 PARAMEDIC (NS) 5655 1AFF C $1,587.60 PARAMED1C(NS) 5655 1AFF D $1,666.98 PARAMEDIC (NS) 5655 1AFF E $1,750.33 Revised July 28, 2020(Effective July 17, 2020) Approved and Adopted: RAW"'44OAgenda Packet*Bi-weekly rate shown is based on an 80-hour per pay period,with exception of sworn Fire positions with an AP6,98i&gAgA'An. zmr, ..' l IN III til v r :a C1TY' C,0UNC'1LSTIA, ""EMENT CITY, OF CHUIAVISTA r l 1 July 28,2020 File IIS: -0324 TITS RESOLUTION of THE CITY COUNCIL of THE CITY OF CHULA NISTA EXTENDING THE CITY'S EVICTION MORATORIUM ORDINANCE (EMERGENCY ORDINANCE No. 3489-A) UNTIL SEPTEMBER 30, 2020 RECOMMENDEDT Council adopt the resolution. SUMMARY The COVIN-19 pandemic,along with the physical distancing and other public health measures undertaken in response to it, continue to affect individuals, businesses, schools, and governmental agencies alike., More, specifically, minimizing evictions and foreclosures during this period is critical to reducing the spread of' CO I: -19 in vulnerable populations by allowing those most vulnerable to COVID-19 to self-quarantine,Self isolate, or otherwise remain in their homes to reduce the transmission of COVIDw-19. on March 17, 2020, Chula Vista City Council adopted an Eviction Moratorium Ordinance (the "Eviction Moratorium") as a temporary measure during this state of emergency to help stabilize and avoid unnecessary displacement of financially impacted residential and commercial tenants in the interests of protecting the public health and preventing transmission of the coronavirus. San. Diego County and Chula Vista continue to See a rise in. positive COVID-19 cases. These health and economic impacts are anticipated to continue leaving tenants (both commercial and residential) and homeowners vulnerable to eviction and foreclosures. Council is requested to extend the Eviction Moratorium until September 30,2020. ENVIRONMENTAL REVIEW The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required. BOARD/COMMISSION/COMMITTEE RECOMMENDATION Not applicable. DISCUSSION In January 2020,countries around the world began dealing with a historic global pandemic,known as COVIDw- 19. on March 13, 2020,the United States declared a national emergency as a result of the COVID-19 virus. 1 . 0 0 1 P IiI 1 2020-07-28 Agenda Packet, Page 483 of 711. Locally, on March 13, 202,0, due to the escalating number of COVID-19 virus cases, the City of Chula Vista Director of Emergency Services issued a Proclamation declaring a Local Emergency,which was subsequently ratified and adopted by the City Council on March 17, 2020., As of July 20, 2020, there were 384,692 confirmed cases in California, including 2,3,6,84 cases in San Diego County or 6 percent of the total cases and 478 deaths.The number of cases has continued to grow with San Diego County placed on the State's monitoring list on July 6,2020,with San Diego County reporting 706 cases per 100,000 on July 19,2020,well above the State's metric of 100 per 100,,000.Chula Vista's rates of infection have been among the highest in San Diego County,with 3,058 positive COVID-19 cases as of July 19, 2020, representing 13.1 percent of the County's cases, and reporting 1,127 cases per 100,000 well above the San Diego County rate and the State's metrics; and, Based upon significant scientific evidence regarding the most effective approaches to slow the transmission of communicable diseases in general and specifically, COVID-19,the State issued stay-at-home orders,with the exception of critical public safety and businesses beginning March 19,2020,, with the Public Health Officer of San Diego County issuing consistent Orders of the Health Officer and Emergency Regulations (the "Orders"). While both the State's and the County of San Diego's Orders have since been amended, many restrictions still apply with the State and San Diego County moving slowly towards economic re-opening. State Protections for Evictions and Foreclosures, During COVID-19 On March 16, 200, Governor Newsom issued Executive Order N-28-20. for the purpose of protecting residential and commercial tenants and homeowners suddenly facing financial hardship as a result of the COVID-19 pandemic. The order authorizes local governments to halt rental and foreclosure related evictions when the eviction is based on nonpayment of rent because of documented and substantial decrease in income caused by layoffs or reduction in paid work hours as a result of the COVID-19 pandemic or by any local, state, or federal government response to COD-19. Subsequently on March 27, 2020, the Governor issued Executive Order N-37-20 banning the enforcement by law enforcement or courts of eviction orders against residential tenants affected by COVID-19. Executive Order N-37-20 requires tenants to declare in writing,no more than seven days after the rent comes due,that the tenant cannot pay all or part of their rent due to COVID-19. Under Executive Order N-37-20, tenants are required to retain documentation but not required to submit such documentation to the landlord in advance,of notification of eviction protection. On June 30,2020,the Governor issued Executive Order N-71-20 extending local jurisdictions'authority to enact eviction moratoria through September 30, 2020 The Executive Orders explicitly state tenants remain obligated to repay full rent in a timely manner. Landlords still can recover rent that is due once the enforcement moratorium is lifted,and tenants still can face eviction at that time. Consistent with the Governor I s Executive Orders, the judicial Council of California adopted California Rules of Court, Emergency Rules 1 and 2, effective April 6, 2020 and until such time 90 days after the State of Emergency is lifted. Emergency Rule 1 suspends eviction of tenants for any cause, unless such action is needed to protect public health and safety. Emergency Rule 2, stays all actions for judicial foreclosures on mortgages and deeds of trust and extend all deadlines related to such actions. There are pending legal challenges both to the Governor's, Executive Orders, and the Judicial Council Rules regarding evictions. It is difficult to predict at this time when and how these challenges will be resolved. P 2 2020-07-28 Agenda Packet, Page 48,4 of 711 Federal Protections On a Federal level,legislative protections for tenants and homeowners are provided through the Coronavirus, Aid, Relief,and Economic Security("CARES")Act enacted by the United States Congress on March 27, 2020. In accordance,with the CARES ACT, the U.S. Department of Busing ng and Urban Development (HUD) issued guidance on April 1, 2020 and April 10,2020,respectively,for both single family properties and multifamily properties insured by the FHA, Multifamily HUD loans, risk share, and HUD-held loans. As specified in Mortgage Letter 2020-06,owner-occupied single-family mortgages may receive an initial forbearance period of up to 6 months for those mortgagees with up to a 90�-day extension. If needed, an additional forbearance period of up to 6 months may be requested,for a total of 12 months with a 90-day extension. Under Mortgage Letter 2020-09,a multifamily borrower experiencing a financial hardship during the COVID- 19 emergency may request a forbearance for up to 30 days,with an additional two (2) extensions for a 30- day period but must provide for renter protections during the forbearance period as set forth in Section 4024(b) and (c) of'the CARES ACT. These guidelines are in effect during the covered period of the CARES Act, which begins March 27, 2020 and continues until the earlier of the termination date of the national emergency declared by the President on March 13, 2020 or December 31, 2020. The tenant protections apply to any multifamily property receiving federal assistance, FHA insured, risk share mortgages and HUD held mortgages. Tenants are provided protection for nonpayment of rent for a 120-day period from enactment (through July 25, 2,020),no fees,penalties,or other charges can be charges against a tenant for the nonpayment of rent. Additionally,property owners may not issue a notice to vacate for any cause during the 120-day period, and a minimum 30 days-notice to vacate the property must be provided to the tenant, effectively extending until after August 24, 2020 (i.e., 120 days after enactment,plus 30 days after notice to vacate is provided). Local Reg,uIa,t,ions For those tenants and homeowners not covered by the federal protections,they may rely on State protections and in some cases local regulations. To date, 12 of the 19 San Diego County jurisdictions have adopted their own local ordinance providing tenants and homeowners with eviction and foreclosure protection consistent with and in some cases providing additional clarity and guidance for both tenants and property owners. Of those 12 local jurisdictions with local ordinances, five will remain in place until such time the State of Emergency is terminated, or the Governor's Executive Orders are rescinded. Following Executive Order N-28-20, on March 17, 2020, the Chula Vista City Council adopted Ordinance 348,3A (the "Ordinance") to provide eviction protections during this volatile period of time for vulnerable residents and commercial enterprises. Amendments to this Ordinance were made on April 7,2020 to remain consistent with Executive Order N-37-20, provide greater clarity to tenants and landlords in implementing the eviction moratorium and protections provided by the Ordinance,and extend the Ordinance through May 31,2020. The City Manager,acting as the Director of Emergency Services,has additionally signed Order 03- 2020 approving and adopting Eviction Moratorium Regulations (the"Regulations"to assist in implementing the Ordinance,effective April 1,2020. Subsequently on May 26,2020,the Ordinance was amended to extend the Moratorium though June 30,2020 and further extended through July 31,2020 by the Chula Vista Director P 13 2020-07-28 Agenda Packet, Page 48,5 of 711 of Emergency Services through Emergency Order No. 005-2,020 and as ratified by resolution of'the City Council on July 14, 2 02 O. A summary oft e various Federal,State and local protections enacted to forestall eviction actions is provided for your information as Attachment 1 to this report. ANALYSIS, While both federal and state actions have been taken to alleviate concerns and financial burdens to tenants, borrowers, and mortgagees impacted by the CO�VID-19 pandemic, Chula Vista's business community and residents are more particularly susceptible to the financial impacts of the pandemic. According to the U.S. Department of Housing and Urban Development's (HUD Comprehensive Housin,2_Affordability strategy (CHAS11 released in August 2019, for the 2012-2016 planning period, 47 percent of Chula Vista's total households are of lower, income, earning 80 percent of the Area Median Income or less ($6 ,,000 annual income for,a family of four). Thirty-seven percent of lower income homeowners pay more than 50 percent of their income towards housing costs. When looking at the rental housing market, 42 percent of'Chula Vista's housing stock is rental housing. A significant portion of renters (59 percent) are lower income,with 44 percent of them paying more than 50 percent of their income towards housing costs. Given average pre- COVID-19 salaries and the existing high cost of housing in San Diego County, further reductions in income only exacerbate existing housing affordability issues and place these vulnerable population groups on the brink of homelessness. An increase in COVID-19 cases has led to a reversal in rleopenings and closures beginning July 1,2 02 0,of bars, breweries, and wineries that do not serve food and a stop of'indoor operations of restaurants, wineries, movie theaters, family entertainment centers (including bowling alleys, miniature golf, batting cages, and arcades),zoos,museums,and card rooms on July 6, 20201. Together',these activities represented more than 160,0010 jobs, or 11 percent of the region's employment pre-COVIN. Chula Vista residents are harder hit as evidenced by its higher current unemployment rate (based on zip code) than the region's at 143 percent. For zip codes 91.910 and 91911, the unemployment rate varies between 16 and 19 percent. In the far eastern area of the City, the 14 to 16 percent unemployment rate is more consistent with the Countly's.1 With over 90, percent of Chula Vista's businesses considered small businesses, with 10 employees or less, this community is also susceptible to the financial impacts of'COVID-19. It is anticipated that another wave of layoffs may come as funding from Paycheck Protection Program loans and State and local assistance are exhausted. Reliance on Federal protections of tenants is risky. Under the CARES Act, tenants' protections are set to 1. expire July 24, 2020., Additionally, it is estimated that only 12.3 million residential units have federally backed loans,representing only 28 percent of all renters.2 While the judicial Council of California Rules, and certain Federal protections., currently remain in place, application was made on July 8, 2020 by representatives of apartment owners, property management and other related associations to immediately rescind Emergency Rule 1 of the judicial Council based upon a violation of the California Constitution and the Governor's inability to suspend unlawful detainers actions 1 https://www.sandag-org/uploads/publicationid/Ipublicationid—468,6—27696.pdf 2 https://crsreports.congress.gov/product/pdf/IN/IN11320 P 4 2020-07-28 Agenda Packet, Page 48,6 of 711 (i.e. evictions) during a State of Emergency. Legal challenges to other federal and state protections are also pending., Therefore,at this time,reliance on both Federal and State protection actions presents a risk to the significant number of vulnerable Chula Vista residents at a critical time during the COVID-19 pandemic. Eviction Moratorium Effects on Rental Properties The intent of the various tenant and homeowner protections was to keep residents in place to slow the transmission of COVID-19 and to prevent those economically vulnerable from falling into homelessness and at greater risk for COVIN-1.9. Statistics thus far,show that tenants are prioritizing rent payments. According to the National Multi-Housing Council (NMHC rent payment tracker,since April of 2020,over 94 percent of all tenants have paid their rent.3 California's statistics appear to be in line with those of the NMHC. A recent survey showed that 94 percent of tenants in Orange County and Los Angeles County paid their rent in the month of May 2020.A Coldwell Banker Richard Ellis (CBRE) survey also found that 91 percent of tenants in Southern California were able to pay their rent in April 2020.4 On July 8, 2020,utilizing contact information provided through City business licenses, City staff emailed 375 rental properties and mobile home communities. The purpose of this email was to outreach to property managers/owners with the following: 1) The extension of the City's Eviction Moratorium through July 31, 2020 and the availability of rental assistance offered through South Bay Community Services (5BC5 for low income renters, along with program and contact information for SBCS; and 2) Survey properties to gauge the number of tenants having difficulty with paying rent to inform future policy decisions by the City. As of July 14, 2020, only 35 properties of the 375 (9 percent) responded to the survey. Of which, nearly 49 percent of the respondents have no problems with tenants paying their rent. The median number of tenants seeking eviction protection was one,with the maximum number of tenants in a property seeking protection from eviction was 41 tenants. The vast majority of the respondents, 84 percent, have 0 to three tenants unable to pay rent due to COVID-19 or simply not paying rent. A total of 139 tenants for the 35 properties are utilizing eviction protection and an additional 50 tenants of these properties are just not paying their rent due. With continued rising positive COVIN-1 9 cases in San Diego County and Chula Vista and particularly the $600 a week in emergency unemployment benefits ending July 24, 2020, those renters and homeowners currently unemployed may have difficulty paying for housing expenses come August 1, 2020. Chula Vista Rental Assistance Program To combat the economic effects on lower income residents, on May 12,2020 and subsequently in June 2020, the City approved the use of its local housing funds totaling$1,250,000 and an additional$200,000 from the County of San Diego CARES funding to provide these residents with rental assistance for any back rent owed and to assist with future rent. Of the City's housing funds allocated, $1,000,000 is from the City's Federal HOME Investment Partnership program and $250,000 from the Chula Vista Housing Authority's Low and Moderate Income Housing Asset fund (the maximum allowed by State regulations) specifically for rental assistance for households at risk of homelessness. I https:�//www.n�mlhc.org/�research-insight/nmhc-rent-payment-tracker/ 4 Collins,Jeff. "94%of local tenants Ipaid May rent,surveys showed." Pasadena Star-News, 29 May,2020., Pasadenastarnews.corn, https://www.pasadenastarnews.com/2020/05/29/94-of-lo,cal-tenants-paid-may-rent-surveys- show/ P 5 2020-07-28 Agenda Packet, Page 48,7 of 711 South Bay Community Services (SCS , in partnership with the, City, is administering a Rental Assistance program. Information related to the rental assistance program can be found on SCS' website at https://southbaycommunityservices.org/rental-assistance-for-chula-vi,sta-families-affected-by-covid-1 /. In addition,SBCS has forwarded program information to all local school districts, Southwestern Community College, the, Community Collaborative and its Family Resource Centers, Pacific Southwest Association of' Realtors, advertised on its own social media accounts for Face,book, Instagram, and Twitters and email distribution lists, outreach to local affordable, housing property owners/managers, and local media announcements and interviews. SBCS began active implementation of the Rental Assistance program in mid-June 2,020. Federal and State regulations governing the funding sources still apply. As of July 2, 2020, SCS has received 246 total calls requesting assistance. The following represents the outcomes of the contacts: No. of Households Outcomes 132 Did not meet eligibility requirements or unable to contact after,3 attempts 40 Eligible but did not return program application 31 Application in process 43 Recei'vi ren al assistance The majority of households (54 percent) seeking assistance who did not meet program requirements were either over income (not low-,income) or did not have unpaid rent and others did not follow through with the process. It is anticipated that by July 31, 2020, SBCS will have expended a total of$250,00�O in the allocated funding with approximately 70 tenants receiving assistance. Conclusion Further economic impacts resulting from CO IO-1.' are anticipated to continue beyond July 31,2020�,leaving tenants (both commercial and residential) and homeowners vulnerable to eviction and foreclosure. With the uncertainty of continuing State protections and Federal protections and assistance soon to expire, staff recommends that the City's Eviction Moratorium remain in place. While the available funds the City has allocated towards residential rental assistance and small business assistance is not likely to offset all financial burdens stemming from the COVIN-19 pandemic, such funding will assist in mitigating the financial impact of missed rent payments. Therefore, staff recommends the approval of a resolution of the City Council extending those protections afforded to tenants and homeowners against eviction or foreclosure as set forth in Ordinance No. 3489-A of the City of'Chula Vista until September 30, 2020. If circumstances change, for better or for worse in this area, or if the legal landscape changes, the proposed Resolution allows the City' Director of Emergency Services (the City Manager) to modify, further extend, or earlier terminate the City's eviction moratorium protections. Any such action would come back to the City Council for Council ratification,modification or rejection. P �3ge 6 2020-07-28 Agenda Packet, Page 48,8 of 711 DECISION-MAKER C"ONFLICCC'Ir Staff has reviewed the decision contemplated by this action and has determined that Councilmember McCann has a disqualifying conflict of interest under the Political Reform Act(Cat. Gov't Code§87100)et seq.) due to his ownership of rental properties that may be foreseeably impacted by the proposed extension of the Eviction Moratorium. Accordingly,staff is recommending that Councilmember McCann recuse himself from deliberating or voting on this item 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. CURREN'T-YE,AR FISCAL IMPACT All costs associated with preparing this staff report are included in the fiscal year 2 o2 0-2 1 operating budget. ONGOING FISCAL IMPACT There is no ongoing fiscal impact as a result of this action. AT'TACHMEN'TS 1. Summary of Eviction and Foreclosure Protections Staff Contact.-Leilani Hines, Housing Manager P 7 2020-07-28 Agenda Packet, Page 48,9 of 711 RESOLUTION OF TIME CITY COUNCIL of THE CITY of C ULA VISTA EXTENDING THE CITY"S EVICTION MORATORIUM M OR.I INANC (EMERGENCY 'IER GENCY FINANCE NO. 3489-A) UNTIL SEPTEMBER 30, 2020 WHEREAS, a worldwide OVID 19 pandemic was declared by the World Health. Organization on January 30, 2020, and on January 31, 2020, the United States Secretary of Health and Human Services also declared a:public Health Emergency as a result of the COVII -19 virus; and WHEREAS, various states of emergency were declared by the United States (March 13, 2020), the State of California(March 4, 2020),the County of San Diego (February 19, 2020), and the City of Chula Vista March 1.7, 2020 pursuant to City Council Resolution No. 2020-065) because of the threat to public safety (to persons and property including both physical and economic harrow as result of the VID-19 virus; and WHEREAS, on March 1.2, 2020, pursuant to California Health and Safety Code sections 1010401 120175, and 120175.5 b the Health officer of the Counter of San Diego ("Health. Officer") issued an order of the Health officer and.Emergency Regulations (the "County Order") closing certain businesses, prohibiting certain public and private gatherings, and restricting other activities in San.Diego County as a result of the COVID 19 virus pandemic; and WHEREAS, from March 18, 2020 through July 15, 2020, the County order has been amended and addended by the Health officer multiple times to include additional rules and restrictions in an effort to further promote public health and safety; and WHEREAS, on March 17, 2020, the City Council adopted Emergency ordinance No. 3484-A("city Order" ,which affirmed and adopted the Counter Order and authorized the Director to expand or amend the City order to apply to additional businesses or circumstances pursuant to his or her independent judgment consistent with the authority provided in Chula Vista Municipal Code section 2.14.080(F)(1); and WHEREAS, on March 19, 2020,the Governor of California issued Executive order N-33- 20 which ordered, among other things, all Californians to stay at home, with limited exceptions ("State order 33-20"); arid WHEREAS, the Governor of the State of California has stated that individuals may be temporarily unable to report to work due to illness caused.by COVID-19 or quarantines related.to COVII -19 and individuals directly affected by COVID-19 may experience potential loss of income, health care and medical coverage, and ability to pay for housing and basic needs, thereby placing increased demands on already strained regional and local. health and safety resources, including shelters and food banks; and WHEREAS the CoVID-19 pandemic, as well as physical distancing; and other public Health measures undertaken in response to it, continue to affect individuals, businesses, schools, 2020-07-2 Agenda Packet, Page 490 of 711. and governmental agencies alike, with associated impacts on adherence to certain statutory and regulatory deadlines and requirements; and WHEREAS minimizing evictions during this period is critical to reducing the spread of COVIN-19 in vulnerable populations by allowing those most vulnerable to C VID-19 to self- quarantine, self-is late, or otherwise remain in their homes to reduce the transmission of VID- 19; and. WHEREAS, in consideration of the above facts and circumstances, and others set forth. therein, the Governor of the State of California, issued Executive Order N-2 -24 (dated March 16, 2424), Executive Order N-37-20 (dated March 27, 2424) and. Executive Order N-71-24 (dated June 30, 2424), pursuant to which the Governor imposed a statewide eviction moratorium and/or authorized local entities, including cities, to enact moratoriums to prevent evictions (including evictions from rental or leased residential or commercial property or as a result of judicial. foreclosure) based on impacts related to the " VIS-19 virus (collectively, the "governor's Eviction Moratorium Orders") with the timeframe for the protections set forth extended through. September 30, 2424; and WHEREAS,S, consistent with the Governor's Eviction Moratorium Orders, the Judicial. Council of California adopted California Rules of Court, Emergency Rules 1 and 2,effective April ',2424 and until such time 94 days after the State of Emergency is lifted,which suspends eviction of tenants for any cause unless such action is needed to protect public health and safety and stays all actions for judicial foreclosures on mortgages and deeds of trust and extend all deadlines related to such actions; and WHEREAS On March 18,2424,the U.S. Department of Housing and.Urban Development (HUD) announced the suspension of foreclosures and evictions for mortgages insured by the Federal Housing Administration (FHA) for 64 days and. WHEREAS, on March 27, 2424, the Coronavirus Aid, Relief, and Economic Stimulus (CARES) .Act was signed into law by the United States Congress that includes under Section 4024(b) and c a 124-day moratorium from enactment (through July 25, 2424) on evictions for nonpayment of resat, charging fees,penalties, or other charges against a tenant for the nonpayment of rent,bars the issuance of a notice to vacate for any cause during the 124-day period,and requires at least a 30 day-notice to vacate the property, effectively extending vacation of the property until after August 24, 2424 i.e., 124 days after enactment, plus 34 days after notice to vacate is provided); and WHEREAS, to alleviate concerns and burdens, as well as relieve additional stress and uncertainty on borrowers and mortgagees impacted by the COVID-19 National Emergency, in accordance with the CARES ACT, HUD issued guidance on April 1, 2424 and April, 1.4, 2424, respectively, for both single family properties and multifamily properties insured by the FHA, Multifamily HUD loans, risk share, and HUD-held loans. As specified in Mortgage Letter 2424- 4 , single family mortgagees may receive an initial forbearance period of up to o months for those mortgages of owner-occupied single-family properties with up to a 94-day extension. if needed, an additional forbearance period of up to 6 months may be requested, for a total of 12 months with 2020-07-2 Agenda Packet, Page 491 of 711. a 90-day extension. Under Mortgage Letter 2020-09, a multifamily borrower experiencing a financial hardship during the C OVID-19 emergency may request a forbearance for up to 3O days, with an additional two (2) extensions for a 30-day period and must provide for renter protections during the forbearance period as set forth in Section 4024(b) and (c) of the CARES ACT. These guidelines ui ines are in effect during the covered period of the CARES Act, which begins March 27, 2020 and continues until the earlier of the termination date of the national emergency declared by the President on March 13, 2020 or December 31, 2020; and WHEREAS, as a result of the public health emergency and the precautions recommended and ordered by health authorities to address the health crisis of the COVIN 19, pandemic, the City of Chula Vista, including its residents, have also been negatively impacted-, and WHEREAS, Chula Vista residents, particularly those within low wage and service industries, are left without work and are experiencing sudden and unexpected loss of income and health care. These households are at risk of maintaining housing and falling into homelessness,and may have limited access to health care and therefore, at greater risk of exposure to infectious disease, such as COVIN-1 ; and WHEREAS, over 42 percent of the housing stock in the City of Chula Vista is, rental housing; and 44 percent of all Chula Vista renters pay more than 50 percent of their income towards housing costs (2011-2015 CHAS); and WHEREAS, 47 percent of Chula Vista's households are of lower income and earn 80 percent of the Area Median Income or less ($68,000 annual income for a family of four) and 46 percent of these households pay more than 50 percent of their income towards, housing costs as renters and homeowners (2011-20 15 CHAS); and WHEREAS, even 'before the COVID-19 pandemic, there existed a lack of affordable housing in the State of California, including San Diego County (https://www.gov.ca.gov/2019/03/1 1/govemor-newsom-announces-legislative-proposalsto- confront-the-housing-cost-crisis/)- and WHEREAS, given existing income levels of Chula Vista residents and the existing high cost of housing in San Diego County prior to the COV ID-19 pandemic, any further reductions in income would further exacerbate existing housing affordability issues; and WHEREAS, in consideration of the above facts and circumstances, and consistent with the Governor's Eviction Moratorium Orders, the City of Chula Vista adopted its own Eviction Moratorium on the terms set forth in Ordinance 3483 . (the "City EvictionMoratorium"') to provide eviction protections during this volatile period of time for vulnerable residents and commercial enterprises; and WHEREAS, Amendments to the City Eviction Moratorium were made on April 7, 2020 to remain consistent with Executive Order N-37-20, provide greater clarity to tenants and landlords in implementing the eviction moratorium and protections provided thereby, and extend the moratorium through May 31, 2020; and 2020-07-28 Agenda Packet, Page 492 of 711 WHEREAS, the City Manager, acting as the Director of Emergency Services, has additionally signed Order 03-2020 approving and adopting Eviction Moratorium Regulations (the "Regulations") to assist in implementing the City Eviction Moratorium, effective April 1, 2020; and WHEREAS, in light of the continuing adverse conditions in the community as a result of the COVID-19 pandemic, on May 26,2020,the City's Eviction Moratorium providing protections afforded to tenants and homeowners against eviction or foreclosure as set forth in Ordinance No. 3489-A of the City of Chula Vista was amended to extend it through June 30, 2020 and further extended through July 31, 2020 by the Chula Vista Director of Emergency Services through Emergency Order No. 005-2020 and as ratified by resolution of the City Council; and WHEREAS, since the last extension of the City's Eviction Moratorium, the following has occurred: (1) On July 16, 2020, the United States Department of Labor reported an insured unemployment rate of 11.9 percent as of July 4, 2020. Initial unemployment insurance claims of state programs totaled 1,503,892 in the week ending July 11, compared to 243,621. initial claims in the comparable week in 2019,representing a 5117 percent increase. For the week ending June 27, 2020 California was among the highest insured unemployment rates in the nation at 15.9 percent, ranking the 6th highest (htt s�://w�ww�.d�ol. (2) A study by San Diego Workforce Partnership reported that San Diego County may lose UP to 3501,000 jobs as a result of the COVID-19 virus e s/ otoid-19 on-e�iii,,I�i�l(),,-�inen,t-insa�ri- eao- co gn.t y/); (3) As of July 8,2020, SANDAG reported the unemployment rate for the San Diego region at 14.3 percent,with roughly 240,000 unemployed people in the region, compared to about 50,000 pre-COVID. It is anticipated that with the increase in COVID-19 cases leading to a reversal in re-openings and closures beginning July 1, 2020 of bars, breweries, and wineries that do not serve food, and a stop of indoor operations of restaurants, wineries, movie theaters, family entertainment centers (including 'bowling alleys, miniature golf, batting cages, and arcades), zoos, museums, and card rooms on July 6, 2020, unemployment will also rise. Together, these activities represent more than 160,000 jobs, or 11 percent of the regio 's employment pre-C OVII . With funding from Paycheck Protection Program loans and State and local assistance nearing exhaustion, there is risk of another wave of layoffs. Chula Vista's unemployment rate (based on zip code) is higher than the region's, with the unemployment rate varying between 16 and 19 percent in zip codes 91910 and 91911, with a lower rate of 14 percent to 16 percent in the eastern areas of the city (https //www.sandag.org/uploads/publicationid/pu i,i.catior.i.d—4686—27696.pdf); (4)As of July 20,2020,there were 384,692 confirmed cases in California,including 23,684 cases in San Diego County or 6 percent of the total cases and 478 deaths. The number of cases has continued to grow with San Diego County placed on the State's monitoring list on July 6, 2020,with San Diego County reporting 706 cases per 100,000 on July 19, 2020, 2020-07-28 Agenda Packet, Page 493 of 711 well above the State's metric of 100 per 100, � � �. Chula Vista's rates of infection have been among the highest in San Diego County, with 3,058 positive COVID-19 cases as of July M 2020, representing 13.1 percent of the County's cases, and reporting 1,127 cases per 100,000 well above the San Diego County rate and the State's metrics; and, (5) A total of$1.45 million has been allocated from the City's housing funds ($1 million in Federal HOME Investment Partnership Program and $250,000 in Low and Moderate Income Housing Asset funds) and County of San Diego CARES funding ($200,000) towards tenant based rental assistance for lower income households financially impacted by COVID-19. WHEREAS, with continued rising positive COVID-19 cases in San Diego County and Chula Vista and placement of San Diego County on the State's monitoring list placing restrictions over the next few weeks, further economic impacts are anticipated to continue beyond July 31, 2020, leaving tenants (both commercial and residential) vulnerable to eviction; and WHEREAS, the action proposed by this Resolution seeks to amend the City Eviction Moratorium to extend it through September 30, 2020 - and WHEREAS, extensions of the City Eviction Moratorium by City Council Resolution are authorized pursuant to Section 1.8 thereof(Emergency Ordinance No. 3489-A); and WHEREAS, inthe interest of protecting the public health, safety and welfare, preventing further transmission of COVID-19 within the community, preventing unnecessary housing displacement, protecting the City's affordable housing stock, preventing further hardship on commercial businesses, the City Council finds that it is necessary, appropriate, and in the best overall interests of the community to extend the City Eviction Moratorium. NOW, THEREFORE, based on the facts, circumstances and findings, set forth above, the City Council of the City of Chula Vista hereby resolves as follows: 1. The City Eviction Moratorium(Emergency Ordinance No. 3489-A)is hereby extended until September 30, 2020. 2. City staff is authorized and directed to take all necessary and appropriate measures to implement this action. 3. As circumstances warrant, the City Eviction Moratorium, or any City regulations issued to implement same, may be modified, further extended or earlier terminated, either 'by Emergency Order, issued by the City's Director of Emergency Services, and/or City Council Resolution. Prepared by Approved as to form by Maria V. Kachadoorian Glen R. Googins 2020-07-28 Agenda Packet, Page 494 of 711 City Manager/Director of Emergency City Attorney Services 2020-07-28 Agenda Packet, Page 495 of 711 EVICTION AND FORECLOSURE PROTECTIONS a Under COVID-19 +LITS"O CHULAVISTA HOUSING DIVISION Sara Diego County Tenants(Residential& Ability to Pay Affected Within 7 days after rent Within 7 days of notifying 6 months from the experation date of Chula Vista Jiuly 31 Commerical) No Eviction l brat lu�um f� ulgjioir s(Cljrk....HIERE) Click HERE Homeowners by COVID-22 due date owner/manager the ordinance. ... Sept.30 Until the local emergency is Tenants(Residential& Ability to Pay Affected On or before the day Within 7 days of notifying 6 months from ordinance effective date *In writing includes email and text if owner/manager has previously City of San Diego terminated or the withdrawal Commerical) by COVID-19 rent is due owner/manager (March 25) No communicated that way. Click HERE of Governor's order, Homeowners whichever occurs first Tenants(Residential& 3 months from the expiration of the *Notice must be given in writing.and delivered pursuant to the notice County of San Diego Ability to Pay Affected Within 7 days after rent Within 7 days of notifying required under the terms of a lease.If no lease exists,the notice must EXPIRED;June 30 Commerical) ordinance(May 31).One month No Click HERE (unicorporated areas only) Homeowners by COVID-19 due date owner/manager extension possible. be delivered personallly,representative or agent,at the address where rent is customarily paid. Yes Landlord must be notified in writing Yes Unpaid rent must be repand within 3 Tenant to pay portion of rent that the tenant is able to(pay.Any State or Until the local emergency is Tenants(Residential& (including emaill)before Documents must be months of the expiration of the local Federal law,orderor regulation providing commercial tenants with Carlsbad terminated or the withdrawal Commerical) Ability to Pay Affected rent is due but not to submitted within 10 days emergency,unless alternative payment No eviction relief will control over this resolution and implementing Click HERE of Governor's order, Homeowners by COVID-21 exceed 10 business of giving notice that rent arrangements are made with the regulations.If tenant moves out before expiration of resolution,all rent whichever occurs first days after rent is due. can't be paid landlord must be Tenant is required to paid in full. pay amount able to Coronado N/A N/A N/A NIA NIA N/A N/A Under state and US protections NIA Del Mar N/A N/A N/A N/A N/A N/A N/A Under State and US protections N/A EI Cajon N/A N/A N/A N/A NIA N/A N/A Under State and US protections N/A Sept 30 Tenants(ResidentiI& Ability to Pay Affected On or before the day Within 2 weeks of 6 months from the date the council For the im nth of April only,tenants have until th 7th topr vide notice. . Encinitas Until emergency ends Commerical) by COVID-26 rent is due notifying owner/manager terminates the emergency. Yes **In writing includes email and text!if owner/manager has previously Click HERE Homeowners communicated that way. Tenants(Residential& Within 14 days of Yes Eligible tenants have up to 3 Escondido July 31 Commerical) Ability to Pay Affected Within 7 days after rent providing notice to months after June 1,2020(or until No 1n writing includes email and text**Must notify landlord Iby 15th in April. Chick HERE Homeowners by COVID-27 due date landlord. September 1,2020 to pay pastdue rent Uuntil the Governor's Tenants(Residential& Yes Document must be Ability to Pay Affected Within 30 days after Payable upon lifting of ordinance or *Iln writing includes email)and text.if owner/manager has previously. Imperial Beach Executive Order for the Commerical) submitted within 30 days Yes Glick.HER( moratorium expires Homeowners by COVID-28 the day rent is due after rout is duo emergency communicated that way. La Mesa EXPIRED on May 31 Ability to Pay Affected Not Defined Not Required Payable upon lifting of ordinance or Yes Chick HERE by COVID-29 emergency Lemon Grove N/A N/A N/A NIA N/A N/A N/A Under State and US protections C ick..HER( Yes Landlord must be notified before the rent Tenants(Residential& (Full payback or payment agreement w/in Ability to Pay Affected is due or no later than Within 30 days after the 6 months Failure to provide the notice or(back up documentation in the time noted Glick HERE Homeowners National City Aug 30 Commerical) by COVID-31 7 days after rent is due day rent is due terminates ales the date the council No waives the protections of the eviction moratorium Letters,texts&emails the emergency. are all acceptable Yes Ordinance does not specify the amount of time for repayment of rent.It Yes Does allow landlord to is assumed that rent must Ibe paid by Tenants(Residential& charge late fees only,if Ability to Pay Affected On or before the day Within 7 days of notifying June 1,2020(after the ex *Requires date .. Oceanside EXPIRED,May 31 Commerical) by COVID-32 rent is due owner/manager of 5/31120)If the tenant elects to move provided for by written rental Requires tenant to pay portion of rout that.they are able to pay. Chick HERE Homeowners agreement for rental payments while Ordinance is in effect,all owed covered under the ordinance rent is due upon move out unless the lease dictates otherwise Poway N/A N/A N/A N/A N/A N/A N/A Under State and US protections Click(HERR Revised.JulY s,;12020-07-28 Agenda Packet Page 496 of 711. 44��f EVICTION AND FORECLOSURE PROTECTIONS Under COVID-19 CITY OF CHULAVISTA HOUSING DIVISION Within 30 days after Tenants(Residential& the day rent is due.On Yes Late payment fee must San Marcos EXPIRED;June 30 Commerical) Ability to Pay Affected or by the date that the Within 7 days of rent Payable upon lifting of ordinance or still be paid if imposed within Failure to provide the notice or back up documentation in the time noted Click HERE Homeowners by COVID-34 rent is due. being due emergency the lease agreement waives the protections of the eviction moratorium Letters,texts&email are all acceptable. Solana Beach N/A �N/A �N/A N/A N/A N/A N/A Under State and US protections Click HERE Tenants(Residential)and *No fees for parking violations. Santee Until emergency ends whose income and ability Ability to Pay Affected Within 30 days after Yes Payback period equivel�ant to the length There may be fees if the lease In writing includes email and text if owner/manager has previously Click I-IERE to pay rent have been by COVID-36 the day rent is due of the moratorium. agreement allows for them. communicated that way. affected. Vista N/A T IN/A IN/A N/A NIA N/A N/A Under State and US protections Glick IdERIE State of California EXPIRED;May 311 Yes Before the rent is Yes No later than the time (Statewide) due or within no later upon payment of back- Tenants(Residential& than 7 days from date due rent Suggested by Not addressed;may be able to Click HERE Governor's Executive Orders Commerical) Legal Aid to provide as Yes collect late fees if indicated in E.0 2..8..-.2..0 EQ N 37-20�E N: !2g E.0 N-71- ........................ ............................0 Septemiber 30(Authority for rent is due.Letters .................... ...... ............. .................................. Local Jursidictions to Homeowners texts,&email are ail soon as possible but no the lease 2.0 Implement) acceptable. later than required by local ordinances Adopted April 6,2020 Emergency Rule#1"a court may not issue a summons on a complaint for unlawful detainer unless the court finds,in its discretion and on the 90 days after State of Tenants(Residential& All Evictions except for record,that the action is necessary to protect public health and safety". Judicial Council Emergency is lifted Commerical) Public Health&Safety Not Required Not Required Not specified Not specified In effect,no unlawful detainers for tenant eviction purposes may be Q..i.c..k H E.R.E. Homeowners processed through the courts at this time. Emergency Rule#2"stays all actions for judicial foreclosures on mortgages and deeds of trust and extend all deadlines re�ated to such actions." United States Eviction protections apply to tenants of residential propertiest that:1 CARES Act Jluly 24 Residential Tenants of Financial Impact of Participate in federal assistance programs,2.Subject to a"federally Eviction Protections Plus 30,Day Nofice to federally backed loans COVID 19 Not Required Not Required Not specified No backed Click HERE Vacate mortgage loan,"or 3.Subject to a"federally backed multifamily moirtqaqe loan". If you are a homeowner experiencing financial hardship directly or indirectly related to Coronavirus(COVID-19),contact your loan servicer (the company listed on your mortgage statement)right away to discuss your options. Single Family Owner Forbearance; Mortgage relief options may include: FHA Insured 12 Month Forbearance Occupied Mortgagees Yes Yes Loan Terms remain in PIace 1. Ensuring payment relief by p�roviding forbearance for up to 12 months Click IERE 2.Waiving assessments of penalties or late fees 3. Halting all foreclosure actions and evictions of borrowers living in homes until at least August 31,2020 4.Offering loan modification options to provide mortgage payment relief or keep those payments the same after the forbearance period Revised:July 17,12020-07-28 Agenda Packet Page 497 of 711 44��f EVICTION AND FORECLOSURE PROTECTIONS Under COVID-19 CITY OF CHULAVISTA HOUSING DIVISION 30-day Forbearance Multifamily Mortgage(FH�A Financial Impact of Yes(oral/written Forbearance: Current on loan as of Feb 1,2020 HUD Up to 2 30-day Extensions insured,risk share,,and COVID 19 request for Loan Terms remain in Place Must provide eviction protections to tenants during the forbearance Glick IdERIE HUD held mortqaqes) Forbearance) period. �Banks Click HERE *The following provides a general summary(not a legal opinion)of the various orders and ordinances that set forth moratoriums on tenant evictions for San Diego County to assist with compliance,The federal and state orders are included.If there is no local city ordinance,the State order will apply to provide protections against residential tenant evictions in all cities located within California.Also,it is important to note that the State and Federal protections apply to all cities in California,but local governments can place greater restrictions on tenant evictions ifdesired to protect the public health and welfare oftheir communities.Landlords and their agents must comply with all applicable orders. Resources: Legal Aid Society �6�lasq�d.om CSA San Diego http://c4sa.org South Bay Community ServiCE https�//southlbavcornrT�IL.�r�itvserv�ces.or'q/rer�i�al�-assiste3r-ice-foi'-chLJII�a-vista��,farn��lies-af,f,e,-c,-t,-e,d:-bv-cov�d-Ig/ Revised:July 17,12020-07-28 Agenda Packet Page 498 of 711 IN III til C1TY' C,0UNC'1L A,GEN' DA S,TIA, "nEMENT CITY, OF ..................................... CHUIAVISTA July 2,8,2020 File ID: 20-0292 'TITLE CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF' A PROPOSED 27,82,1 SQUARE-FOOT BUILDING PROJECT OFF'AUTO PARK PLACE NORTH OF'MAIN STREET RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE PLANNING COMMISSIONS DECISION AND APPROVING A DESIGN REVIEW PERMIT, DR19-0025, TO CONSTRUCT A 27�821 SQUARE-FOOT BUILDING WITH A 4)185 SQUARE-F'OOT COVERED, ENTRYWAY FOR SUPPORTIVE USES TO INCLUDE A VEHICLE COLLISION AND AUTOMOTIVE REPAIR FACILITY ON APPROXIMATELY 2.2 ACRES, LOCATED AT 1880 AUTO PARK PLACE, NORTH OF MAIN STREET, SUBJECT TO THE CONDITIONS CONTAINED HEREIN RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY On August 20, 20,19, the applicant submitted a Design Review permit for approval of the noted vehic,le collision and automotive repair facility (DR19-0025). The use, as proposed, will serve a regional market demand in addition to the already established demand of patrons and visitors to the Chula Vista area. The site is currently vacant(see Locator Map,.Attachment 1). On May 27, 2020, via a virtual Planning Commission meeting, the Planning Commission considered and approved the project. The Planning Commission's approval Motion passed by a vote of 7 - Yes to 0 - No. Subsequently, on June 10, 2020, a local resident (Ms. Kerri Aviles) in opposition of the pro�ject filed an Appeal to the City Council citing "Factual Error" and "New Information" provisions of the Appeal Application; specifically alleging inaccurate statements by staff regarding existing uses on adjacent properties. This Appeal now presents the project for City Council consideration and action. The approval at issue is the Design Review. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately covered in previously adopted Mitigated Negative Declaration (IS-02-006), for the Chula Vista Auto Park North Specific Plan.Thus,no further environmental review is required. PIi3ge 1 2020-07-28 Agenda Packet, Page 499 of 711 BOARD/COMMISSION/COMMIT rEE RECOMMENDATION As, discussed above, on May 27, 2020 the Planning Commission made a Motion to approve the Project. The Motion passed by a vote of 7 - Yes to 0 - No, resulting in pro�ject approval. The Minutes of the Planning Commission Meeting are provided as Attachment 2. DISC'USSION The Auto Park North Specific Plan (see Attachment 3) imp�lements the broad policies of the General Plan and the Redevelopment Plan for the Otay Valley Road Redevelopment Project Area by establishing permitted land uses, development standards, design guidelines, and entitlement processes for the expansion of the Chula Vista Auto Park. This Specific Plan supersedes the zone regulations for the pro�je,ct site.Where in conflict with the Zoning Ordinance,this Specific Plan shall apply; and where the Specific Plan does not address a topic, the Zoning Ordinance and other applicable po�licies and regulations shall apply. The Specific Plan also included a Mitigated Negative Declaration (IS-02-006) and Mitigation Monitoring and Reporting Program as part of its approval and takes into consideration environmental impacts by permitted uses in the area. The Chula Vista Auto Park is intended to be a regional automobile sales and service destination located within the Otay Valley Road Redevelopment Pro�ject Area. Lots to the interior of the site are to be developed with supporting uses such as automotive services and inventory parking lots with each lot developed independently in accordance with the Specific Plan.On page 4 of'the Specific Plan the Land Use Distribution is divided into three types of uses: Automobile Sales, Automobile Inventory Parking, and Supporting Services,which are all independent of each other.The uses are allowed based on parcel number and type of use�. The proposed project is on parcel 3 of Parcel Map 3306 and is permitted by right with Supporting Services to include collision and automotive repair as referenced on page 5, Section (B) Permitted Uses under item (3) Supporting Services. The Appellant filed an Appeal on June 10, 2020 following the Planning Commission approval on May 27, 2020 (see Attachment 4). The Appellant has stated that pertinent information was withheld, specifically in reference to the adjacent uses on the east and west side of the proposed project. The Appellant has alleged that on these adjacent sites, vehicles utilize back-up alarms, individuals use generated power washing devices, that multiple alarms are set off each day and that tremendous amounts of exhaust and pollution are also generated. The Appellant also states that images showing the adjacent sites demonstrate these issues and were not presented as part of staff s presentation. In response, staff has explained to the Appellant that the applicant submitted a Design Review, requiring review of applicable development standards within the Specific Plan and that the use is not in question as it is permitted by right under the permitted use section of the Specific Plan, as previously described. Furthermore, the adjacent uses are not part of the review for this project and any issues that may be potentially nonc�ompliant with the development standards of the Specific Plan or Mitigated Negative Declaration could be reviewed by staff to determine if there are any compliance issues so that the situation can be remedied, if need be. Notwithstanding the foregoing, all uses on the adjacent properties and the project site are permitted in the Specific Plan and have been reviewed under CEQA and found to not have P �3ge 12 2020-07-28 Agenda Packet, Page 500 of 711 any significant impacts pursuant to the Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program. As, described above, the uses on the project site and adjacent properties in question by the Appellant are permitted uses within the Auto Park Specific Plan. Therefore, the Design Review application is all that is being presented for Council's consideration and action. The proposal includes the construction of a 27,821 square-foot building with a 4,185 square-foot covered entryway for both vehicle collision and automotive repair service uses. The building will house both uses with the primary use, of the building designated as 17,450 square-feet for vehicle collision repair and 6,186 square-feet for automotive repair. The interior for both uses will consist of an open work area with roll-up shutter doors for vehicle access along the nor�th, east and west sides of the building and consist of administrative office space, parts storage, service reception, service bays, tire storage and other associated amenities. Architecture The architecture incorporates a contemporary functional style for the proposed uses utilizing materials consisting of a metal panel fa�ade, a corrugated metal roof, and vertical metal side panels with enhanced window glazing. The fenestration of glazed windows is enhanced along the entryway while rolling shutter doors are located away from the entrance and public view. The building is designed with vertical articulation along the entrance of the building with staggering roof lines along the southwest and southeast elevation between the entryway and roof of the main building adding variety to the design. Pedestrian/Vehicle Access There is one vehicle and pedestrian ingress and egress access point at the pro�ject's main entrance north of Main Street off of Auto Park Place. Co,,,m,,,p,,,I,,i,,ance with Deve,,I,,,o,,V,,ment Standards The following Project Data Table shows the development regulations along with the applicant's proposal to meet said require�ments: Assessor's Parcel Number: 644-041-44-00 Current Zoning: Industrial (1P) General Plan Designation: Limited Industrial Lot Area., 2.2 acres PARKING REQUIRED: PARKING PROPOSED: Parking spac�es,broken down as follows: Accessible: 3 spaces I space per 400 sq.ft. (3 accessible- including I van- accessible) Collision Repair 17,450 sq.ft./400 sq.ft. = 44 spaces Compact: 5 spaces Auto Repair 6,18,6 sq.ft./400 sq. ft. = 15 spaces Standard: 53 spaces P �3ge 3 2020-07-28 Agenda Packet, Page 501 of 711 Total: 59 parking spaces Total: 61 parking spaces SETBACKS/HEIGHT REQUIRED: SETBACKS/HEIGHT PROPOSED: Front: 25 feet Front: 78 feet Side: 0 feet Side: 34,&41 feet Rear: 0 feet Rear: 110 feet Height: 45 feet Height: 42 feet ANALYSIS: Compliance with Chula Vista Muni"clipal Code and Chula Vista Design Manual Site Planning and Building Place ment/O rientati on The Chula Vista Municipal Code (CVMC) includes guidelines and standards for industrial uses. The guidelines promote site building placement, access, site design, siting and orientation, setbacks, and enhanced building elevations. The proposed features throughout the site meet the intent of the Industrial Design Guidelines as described below. The Project provides a building that is set back from Auto Park Place and provides an enhanced landscape buffer along the frontage. The building will include enhanced fenestration of window glazing along the frontage of Auto Park Place and will conceal roll up doors toward the middle and rear of the building. The building architecture complements the adjacent buildings within the area for a similar yet unique design. While pedestrian access is a design feature in the Chula Vista Industrial Design Guidelines, increased vehicular access is also important in order to offer a variety of ways to access different areas. Dispersion of automobile traffic also has the effect of making areas more pedestrian friendly as cars and pedestrians have less direct interaction.The project provides a one-way entry for both vehicle and pedestrian ingress/egress access to the site. The entrance is located along Auto Park Place,north of Main Street,. Internal circulation is designed for one-way access and designed for traffic to circulate counterclockwise around the building. The Chula Vista Industrial Design Guidelines promote: A high quality innovative and imaginative architecture. Buildings should be designed to employ variations in form, building details and siting in order to create visual interest. The p�roject's architecture is consistent with the policies of the Chula Vista Industrial Design Guidelines.The industrial architecture is designed to 'incorporate a functional style for the proposed uses by incorporating a metal panel fa�ade,corrugated metal roof,and vertical metal side panels with enhanced window glazing. According to the Chula Vista Design Guidelines, enhanced elevations should include: Varying building elements, roof pitches, and setbacks to avoid monotony. Distinctive building elements shall be oriented toward the street intersection. Street facing facades are required to incorporate a range of scale-defining elements that relate larger building masses to the scale of the pedestrian. Entrances to buildings shall be enhanced. P �3ge 4 2020-07-28 Agenda Packet, Page 502 of 711 For the proposed project, the roofline varies along the southeastern and southwestern elevations with variation in the covered entryway transition to the main building rooftop slope. The enhanced windows glazing fronting Auto Park provides a distinct entrance to the building. Setbacks are provided throughout the building to provide visual interest. P The CVMC requires I space per 400 square feet.,With a 23,6,36 square-foot vehicle collision and automotive repair area, a total of 59 parking spaces are required. The applicant has proposed a total of 61 parking spaces with 53 open parking spaces, 5 compact spaces and 3 accessible spaces (including 1 van-accessible space).The pro�je,ct meets the required parking. CONCLUSION The proposed 27,821 square-foot building with a 4,185 square-foot covered entryway for supportive uses, i.e., vehicle collision and automotive repairs is a permitted land use in the Auto Park North Specific Plan. The proposal complies with the policies, guidelines and design standards for the Auto Park North Specific Plan, CVMC, Design Manual as well as the Landscape Manual. Therefore, staff recommends the City Council uphold the Planning Commissio�n's previous action and approve Design Review Permit, DR19-00�25 subject to the conditions listed in the attached Resolution. IXECISIOM-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 1,000 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real pro�perty-r�elated financial conflict of interest under California Code of Regulations Title 2, section 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code§87100,etseq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. CURRENT-YEAR FISCAL IMPACT The Appeal fee is borne by the Appellant and the application fees and processing costs are borne by the applicant, resulting in no net fisc�al impact to the General Fund or the Development Services Fund as a result of this action. ONGOING FISCAL IMPACT The proposed Project is consistent with previously adopted Auto Park North Specific Plan. As such,no site- spec�ific fiscal impact analysis is required. Operation of a vehicle collision and automotive repair business can generally be exp�ected to create greater positive fiscal impacts to the City than the current vacant lot. The applicant anticipates creating 2 0 permanent j obs. ATTACI IMENTS 1. Locator Map 2. Planning Commission Minutes P �3ge 5 2020-07-28 Agenda Packet, Page 503 of 711 3. Auto Park North Specific Plan 4. Appeal 5. Disclosure Statement 6. Project Plan 7. Letters of Opposition Staff Contact: Oscar Romero,Associate Planner,Development Services P �3ge 6 2020-07-28 Agenda Packet, Page 504 of 711 RESOLUTION NO. 20�20- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPHOLDING THE PLANNING COMMISSIONS DECISION AND APPROVING A DESIGN REVIEW PERMIT, DR19-0�O�25 TO CONSTRUCT A 279821 SQUARE-FOOT BUILDING WITH A 49185 SQUARE-FOOT COVERED ENTRYWAY FOR SUPPORTIVE USES TO INCLUDE A VEHICLE COLLISION AND AUTOMOTIVE REPAIR FACILITY ON APPROXIMATELY 2.2 ACRES LOCATED AT 1880 AUTO PARK PLACE, NORTH OF MAIN STREET, SUBJECT TO THE CONDITIONS CONTAINED HEREIN WHEREAS, on August 20, 2019, a duly verified application for a Design Review Permit was filed with the City of Chula Vista Development Services Department by Stephen Dose (Applicant); and WHEREAS, the application requests approval of a Design Review Permit to allow construction of a 27,821 square-foot building with a 4,185 square-foot covered entryway for supportive uses to include a vehicle collision and automotive repair facility on approximately 2.2 acres (Project); and WHEREAS, the area of land which is the subject of this Resolution is an existing parcel located at 1880 Auto Park Place (Project Site); and WHEREAS,, the Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and has determined that the Project was adequately covered in previously adopted Mitigated Negative Declaration (IS-02- 006), for the Chula Vista Auto Park North Specific Plan. Thus, no further environmental review is required; and WHEREAS,, the Director of Development Services set the time and place for a hearing on the Design Review Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, pursuant to the California Governor's Executive Order N-29-20 and the City of Chula Vista Director of Emergency Services' Emergency Order 002-B-2020, in the interest of the public health and safety, members of the Planning Commission and staff held a hearing via teleconference on May 27, 2020. In accordance with the orders, the public was able to view and participate in the meeting online and not at the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed; and WHEREAS, upon. considering the information presented on the Pro*ect, the Planning I J Commission unanimously voted to approve the Project; and Attachment 2 2020-07-28 Agenda Packet, Page 505 of 711 Resolution 2020- Page 2 WHEREAS, on June 10, 2020, Ms. Kerri Aviles filed an appeal of the May 27, 2020 Planning Commission's approval Of Design Review DR19-,0025 (the "Appeal"),- and WHEREAS, a hearing time and place was set by the City Clerk of the City of Chula Vista for consideration of the Design Review DR19-0025 and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property, at least ten (10) days prior to the hearing; and WHEREAS, like the Planning Commission hearing on this application, pursuant to the California Governor's Executive Order N-29-20 and the City of Chula Vista Director of Emergency Services" Emergency Order 002-B-2020, in the interest of the public health and safety, members of the City Council and staff held a hearing via teleconference on May 27, 2020. In accordance with the orders, the public was able to view and participate in the meeting online and not at the Council Chambers, 276 Fourth Avenue, and said hearing was thereafter closed. NOW,, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby makes the following findings: 1. That the proposed Project is consistent with the development regulations and design a, guidelines of the Auto Park North Specific Plan and other applicable regulations contained in the Chula Vista Municipal Code and Chula Vista Design Manual. The site is zoned General Industrial Precise Plan (IP). The proposed vehicle collision and automotive repair facility is a permitted use under the Auto Park North Specific Plan and requires a Design Review. The Project is consistent with both the applicable development standards, contained in the Chula Vista Municipal Code, as well as, design guidelines depicted in the City's Design Manual for industrial development. In accordance with the City's Design guidelines, the Project provides enhanced architectural details along the street elevations. The layout of the Project Site provides for pedestrian and vehicular circulation via a one-way entry for both vehicle and pedestrian ingress/egress access to the site. The entrance is located along Auto Park Place, north of Main Street. Internal circulation is designed for traffic to circulate counterclockwise around the building. A total of 59 parking spaces are required for the uses within the industrial building and the Project is proposes 61 spaces. The total building height is 42 feet; the maximum building height in accordance with the guidelines is 4,5 feet. The floor area ratio and setback requirements are consistent with the Auto Park North Specific Plan. The Project meets the zone requirements. 2. The design features of the proposed development are consistent with and are a cost- 0 0 -M 'no effective method of satisfying the design guineiines, containedin the City of Chula Vista Design Manual. 2020-07-28 Agenda Packet, Page 506 of 711 Resolution 2020- Page 3 There is no particular architectural style required for industrial structures. However, high quality, innovative! and imaginative architecture is encouraged. A tower element is utilized to break up the building massing at the front of the building. All wall surfaces visible to the public are architecturally enhanced and the building has offsets and architectural details, consistent with the Chula Vista Design Manual. The Project provides an enhanced landscape buffer along the frontage and includes enhanced fenestration of window glazing along the frontasie of Auto Park Place and will conceal roll up doors toward the middle and rear of the building outside public view. The design complements the! adjacent buildings within the area for a similar yet unique design. BE IT FURTHER RESOLVED that the City Council, based on the findings above, hereby upholds the Planning Commission's action and approves the Design Review Permit subject to the following conditions.- 1. The following shall be accomplished to the satisfaction of the Director of Development Services, or designee, prior to issuance of Building Permits, unless a 0 d" V otherwi I se speciiiea: Planning Division 1. Prior to the approval of a Grading Permit the removal or alteration of any mature trees or commencement of construction activities during the rap�tor nesting season, identified as December I't through July 3 I't in the Draft Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan, a qualified biologist shall conduct a pre-construction survey of such trees as well as those within the construction impact area established by the biologist. In the event that a nest(s) is found during the survey, construction setbacks deemed appropriate by a qualified biologist to protect young birds until they are no longer dependent upon the nest shall be established. No restrictions with respect to tree removal or construction setbacks shall apply outside the raptor nesting season. 2. Prior to Building Permit approval, during the gnatcatcher breeding season, between February 15 and August 15, noise levels generated by project-related construction activities shall not exceed 60 decibels (dB) Leq within any area containing an occupied nest or, if no occupied nest exists, within the area occupied by a potential breeding pair. In order to prevent construction noise level greater than 60 dBI Leq, the ambient noise level shall not be exceeded as a result of project-related construction. if an occupied nest or potential 'breeding pair is identified during a pre-�construction survey, noise mitigation techniques, such as temporary noise walls or berms or modifications to construction activities, deemed necessary to attenuate construction noise levels to 60 dBI Leq or less, shall be formulated by a qualified biologist and qualified acoustician, and shall be implemented during breeding season. During breeding season, the qualified acoustician shall monitor the success of any noise attenuation measures that are imp�lemented; where a violation of the noise level limit is identified, the acoustician shall immediately notify 2020-07-28 Agenda Packet, Page 507 of 711 Resolution 2020- Page�4 the Environmental Review Coordinator so that construction activities can be halted or reduced to avoid further exceedances of the limit until sufficient alternate or modified noise attenuation measures, if any, can be implemented. 3. Prior to Building Permit approval, the Applicant shall finalize the Storm Water Quality Management Plan (SWQMP) with the Land Development Division. �4. The Project Site shall be developed and maintained in accordance with the approved plans, which include Site and Landscape Plans, Floor Plan, and Elevation Plan on file in the Development Planning Division, the conditions contained herein, and Chula Vista Municipal Code ("Municipal Code" or"CVMC") Title 19. 5. Prior to, or in conjunction with the issuance of the first Building Permit, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for deposit account DDA-0 154. 6. The colors and materials specified on the Building Plans shall be consistent with the colors and materials shown on the Project plans and material sheet approved by the Planning Commission. 7. A graffiti resistant treatment shall be specified for all wall and building surfaces. This shall be noted for any building and wall plans. Additionally, the Project shall conform to Section 9.20.055 of the Municipal Code regarding graffiti control. 8. All roof appurtenances, including air conditioners and other roof mounted equipment and/or projections, shall 'be shielded from view and the sound buffered from adjacent properties and streets. Such screening shall be architecturally integrated with the building design. 9. All ground mounted utility appurtenances such as transformers, AC condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berming, and/or landscaping. 10. All exterior lighting shall include shielding to remove any glare from the adjacent preserve area. Details for said lighting shall be included in the Architectural Plans and shall be reviewed and approved prior to the issuance of the first Building Permit. 11. The Applicant shall obtain approval of a Sign Permit for each sign. Signs shall comply with all applicable requirements of the Municipal Code. Land Development Division/Landscape Architecture Division 12. The Applicant shall provide a finalized SWQMP addressing Land Development redlines. Details and water calculations for the storage tanks will be required prior to Grading Permit issuance. 2020-07-28 Agenda Packet, Page 508 of 711 Resolution 2020- Page 5 13. A geotechnical report or a waiver will be required prior to issuance of a Grading Permit. 14. Additional deposits or fees in accordance with the City Subdivision Manual, and Master Fee Schedule will be required for the submittal of the following items: a. Grading Plans b. Construction Permit 15. Owner/Applicant must enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain private Best Management Practices (BMP's) located within the Proiect prior to issuance of any Grading or Building Permits, whichever occurs first. 16. All driveways shall conform to the City of Chula Vista's sight distance requirements. Also, landscaping, street furniture, or signs shall not obstruct the visibility of drivers at the street intersections or driveways. 17. A Construction Permit is required to perform the following work in the City's right-of- way, which may include, but is not limited to: a. Removal and replacement of any broken or damaged curb, gutter, and sidewalk along the Project's frontage to the satisfaction of the City Engineer, or designee. Sidewalks shall be designed and constructed with proper transitions to existing conditions. b. Additional asphalt paving for the replacement of the existing curb, gutter and sidewalk. c. Utilities Trenching and Restoration per CVCS GSI-03. d. Separate permits for other public utilities (gas, electric, water, cable, telephone) shall be required, as necessary. 18. The construction and completion of all improvements and release requirements shall be secured in accordance with Section 18.17 of the Municipal Code. 19. The onsite sewer and storm drain system shall be private. All sewer laterals and storm drains shall be privately maintained from each building unit to the City-maintained public facilities. 20. Any private facilities (if applicable) within. public right-of-way or City easement will require an Encroachment Permit prior to Improvement Plan or Building Permit approval. 2 1. The Applicant shall obtain a Land Development Permit prior to beginning any earthwork activities at the site and before issuance of Building Permits in accordance with Municipal Code Chapter 15.04. Developer shall submit Grading Plans in conformance with the City's Subdivision. Manual, and the City's Development Storm Water Manual requirements, including, but not limited to the following: 2020-07-28 Agenda Packet, Page 509 of 711 Resolution 2020- Page 6 a. Grading Plans shall be prepared by a registered Civil Engineer and approved by the City Engineer. b. Drainage Study and Geo�technical/Soils Investigations are required with the first submittal of Grading Plans. The Drainage Study shall calculate the Pre- Development and Post-D�evelopment flows and show how downstream properties and storm drain facilities are impacted. Design shall incorporate detention of storm water runoff if Post-Development flows exceed Pre-Development flows; analysis shall include flows from 2 yr, 10 yr, and 50 yr return frequency storms. c. Drainage Study shall also demonstrate that no property damage will occur during the 100-year storm event. d. Drainage Study shall show any offsite flows. e. All onsite drainage facilities shall be private. f. Any offsite work will require Letters of Permission from the affected property owner(s). 22. Provide 2 copies of the following technical reports with the Ist submittal of Grading Plans: a. Geotechnical Report b. Drainage study c. Storm Water Quality Management Plan (SWQMP)— (For all Priority Development Projects Please use the City of Chula Vista Storm Water Quality Management Plan- PUP-SWQMP—WORD Form Fill. 23. On May 2013, the California Regional Water Quality Control Board for the San Diego Region (SDRWQCB) reissued a municipal storm water, National Pollutant Discharge Elimination System permit (Municipal Separate Storm Sewer Systems Order No. R9- 2013-0001 and as amended by Order Nos R9-2015-0001 & R9-2015-0100 [MS4 Permit]) that covered its region. The Applicant shall comply with said permit. 24. All construction sites are required to implement Construction (BMPs,) in accordance with the performance standards outlined in Appendix K of the BMP Design Manual. In general.- a. For projects disturbing one (1) acre or more requires coverage under and comphance with the Construction General Permit (CGP)�, the construction BMPs must be identified in a Storm Water Pollution Prevention Plan (SWPPP). 25. A complete and accurate Notice-o�f-Intent (NOI) must be filed with the San Diego Regional, Water Quality Control Board (SDRWQC13) for a project covered under the CGP. A copy of the acknowledgement from the SD�RWQCB that a NOI has been received for this Pro ect shall. be filed with the City of Chula Vista when. received. j Further, a copy of the completed NOI from the SD�RWQCB showing the Permit Number for this Project shall be filed with the City of Chula Vista when received. 2020-07-28 Agenda Packet, Page 510 of 711 Resolution 2020- Page 7 26. The Applicant shall enter into a Storm Water Management Facilities Maintenance Agreement to perpetually maintain all permanent BMPs located within the Project prior to issuance of any Grading, Construction or Building Permits, whichever occurs first. 27. The Applicant shall submit a detailed Operation & Maintenance (O&M) plan for all permanent BMPs as required by the City to preserve the intended pollution control and/or flow control performance of the BMP's. Upon completion of construction of BMP's/Project, the Applicant shall update/finalize the O&M Plan to reflect constructed structural BMP's with as-built plans and baseline photos. 28. The Project shall comply with the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Dischargers Associate with Industrial Activities (IGP) Order 2014-0057-DWQ. 29. Improvement Plans in conformance with the City's Subdivision Manual and a Construction Permit will be required prior to issuance of any Building Permits. The Improvement Plans shall include but not be limited to: a. Removal and replacement of any broken or damaged curb, gutter,, and sidewalk per SDRSD G-2, and G-7 along the project's frontage to the satisfaction of the City Engineer. Sidewalk shall be designed and constructed with proper transitions to existing conditions. b. Relocation of existing traffic signal light. The City Traffic Engineer shall approve the traffic signal location. c. Installation of curb, gutter, and sidewalk per SDRSD G-3 along the project's frontage. Sidewalk shall be designed and constructed with proper transitions to existing conditions. d. Installation of driveways meeting design standards as shown in Chula Vista standard detail CVCS-IA. Dedication of R/W as needed in order for driveway to comply with American Disability Act (ADA)requirements. e. The proposed closure of existing curb ramp and existing driveway shall be replaced with a curb, gutter, and sidewalk per SD�RSD G-2 and G-7. f. Utilities Trenching and Restoration per CVCS-3&4. 3,0. A complete set of Signing and Striping Plans shall be included with the Street Improvements Plans for review by Traffic Engineering. 31. Any improvements in the right-of-way beyond the Project limits shall be designed and constructed as to not interfere with adjacent businesses, as approved by the City Engineer. 32. The construction and completion. of all improvements and release requirements shall be secured in accordance with Chapter 18.17 of the Municipal Code. 2020-07-28 Agenda Packet, Page 511 of 711 Resolution 2020- Page 8 33. All proposed sidewalks, walkways, pedestrian ramps, and accessible parking shall be designed to meet the City of Chula Vista Design Standards, ADA Standards, and Title 24 standards, as applicable. 34. All utilities serving the subject property and existing utilities located within or adjacent to the subject property shall be under grounded in accordance with the CVMC. Further, all new utilities serving the subject property shall be under grounded prior to the issuance of Building Permits. 35. Prior to the approval of the first Building Permit, the Applicant shall submit full Landscape and Irrigation Plans for review and approval by the City's Landscape Architect. Fire Department 36. The Applicant shall apply for required Building Permits. Permits shall comply with applicable codes and requirements, including but not limited to: the current edition of the Building Code (CB,C) & Fire Code (CFC), as adopted and amended by the State of California and the City of Chula Vista. 37. A fire service study shall be performed that includes a hydraulic water flow analysis. This analysis shall show the actual flow and pressure for all hydrants and riser stubs. The Hazen Williams formula shall be used in the determination of these flows and pressures. The analysis shall show that the required fire flow is available at the hydrants and that independently the sprinkler demand is available at the most demanding sprinkler riser. 38. Water supply data is required to accompany an underground submittal. An official water flow letter can be obtained from the respective water authority. The water flow requirements shall be based upon the currently adopted California Fire Code. The date of the water flow test shall be no older than six months from the time of the plan submittal. 3,9. Based upon California Fire Code Appendix B, a fire flow of 3,188 GPM at 20 PSI for a flow duration of 3 hours is required. 40. Based upon California Fire Code Appendix C, a total of 4 fire hydrants are required to serve this project. Hydrants shall be located in accordance with the following: a. 4 New on-sile fire hydrant(s) with an average spacing of 400 feet between hydrants. The maximum distance from any point along a fire apparatus access road to a hydrant shall not exceed 225 feet. Hydrants shall be located in accordance with approved plans. Required fire flow shall be available at I 000gpm per hydrant, up to the required fire flow for on-site public hydrants or the required fire flow shall be available at the point of connection for on-site private hydrants. 0 11. 'The following o,n-go,ing conditions shall apply to the Project Site as long as it relies on this approval: 2020-07-28 Agenda Packet, Page 512 of 711 Resolution 2020- Page 9 1. The Applicant shall install all landscaping and hardscape improvements in accordance with the approved Landscape Plan. 2. Approval of the Design Review Permit shall not waive compliance with any sections of Title 19 of the Municipal Code, nor any other applicable laws and regulations in effect at the time of Building Permit issuance. 3. The Property Owner and Applicant shall and do agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commission members, officers, employees and representatives, fro�m and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Design Review Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non-discretionary, in connection with the use contemplated on the Project Site and (c) any environmental determinations for the Project. The Property Owner and Applicant shall acknowledge their agreement to this provision by executing a copy of this Design Review Permit where indicated below. The Property Owner's and Applicant's compliance with this provision shall be binding on any and all of the Property Owner's and Applicant's successors and assigns. 4. This Design Review Permit shall become void and ineffective if not utilized within three years from the effective date thereof, in accordance with Section 19.14.6,00 of the Municipal Code. Ill. GOVERNMENT CODE SECTION 66020(d)(1) NOTICE Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Government Code Section 66020(a) and failure to timely follow this procedure will bar any s,ub�sequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees,, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. IV* EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement same. 2020-07-28 Agenda Packet, Page 513 of 711 Resolution 2020- Page 10 Upon execution, this document shall be signed and returned to the City's Development Services Department. Signature of Property Owner Date Name of Property Owner Date Signature of Applicant Date Name of Applicant Date V., CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions, fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all future building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this pen-nit may also result in the imposition of civil, or criminal,penalties. vie INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall.be deemed to be automatically revoked and of no further force and effect. Presented by: Approved as to form by: TIFFANY ALLEN GLEN R. GOOGINS Director of Development Services City Attorney 2020-07-28 Agenda Packet, Page 514 of 711 .............. ..................................................................... iiiiiiiiiiiiiiiiiiiiiillillillillillillilliilill,6 alsomw.. 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Commission Minutes DRAFT MINUTES OF THE REGULAR MEETING OF THE PLAN�N�ING COMMISSION OF THE CITY OF CHULA VISTA May 27,, 2020 VIA TELECONFERENCE 6:04 p.m. Council Chambers 276 4th Ave, Building A Chula Vista, CA 919 1,0 PLEASE NOTE THAT, PURSUA,NT TO THE GOVERNOR OF THE STATE OF CALIFORNIA'S EXECUTIVE ORDER N-29-20, AND IN THE INTEREST OF THE PUBLIC HEALTH AND SAFETY, MEMBERS OF THE PLANNING COMMISSION AND STAFF MAY PARTICIPATE IN THIS MEETING VIA TELECONFERENCE. IN ACCORDANCE WITH THE EXECUTIVE ORDER, THE PUBLIC MAY VIEW THE MEETING ONLINE AND NOT IN THE COUNCIL CHAMBERS AT CITY HALL. HOW TO WATCH: Members of the public can access a link to watch the meeting via livestrearn at www.chulayist,' ca HOW TO SUBMIT COMMENTS: Visit the online eComment portal for this meeting at: htt s,_://chu1avis_ta,.-rratiicu,-si(leEts,.cc-)i-ri/mect�ii-ys. The commenting period will be open. shortly after p ........... the agenda is published for a particular meeting and will remain open through the meeting, as described below. All comments will be available to the public and the Planning Commission using the eComment portal. Comments must be received prior to the time the Chair calls for the close of the commenting period. Comments received after such time will not be considered by the Planning Commission. If you have difficulty or are unable to submit a comment, please contact Kelly Broughton gkbroughtongchual.vistaca.gov. ACCESSIBILITY: Individuals with disabilities are invited to request reasonable modifications or accommodations in order to access and/or participate in a Planning Commission meeting by contacting the Development Services Department at ps(alivaciioaiii�ai))ctriulia�v-iis�ttEatcE�t.�Yoy (California Relay Service is available for the hearing impaired by dialing 711) at least 48 hours in advance of the meeting. ***The City of Chula Vista is relying on commercial technology to livestrearn and accept public comments via Granicus, Inc. With the increase of virtual meetings, most platforms are working to scale their systems to meet the new demand. If we have technical difficulties, we will resolve them as quickly as possible. City staff will take all possible measures to ensure a publicly accessible experience. 2020-07-28 Agenda Packet, Page 516 of 711 A#" Page 2 1 Planning t.,ommission Minutes May 27,, 2020 CALL TO ORDER ROLL CALL: Commissioners Burroughs, De La Rosa, Milburn, Nava,Torres, Zaker, and Chair Gutierrez PLEDGE OF'ALLEG'IANCE AND MOMENT OF SILENCE, CONSENT CALENDAR The Board/Commission will enact the Consent Calendar staff recommendations by one motion,, without discussion,, unless a Board/Commission Member, a member of the public, or staff requests that an item be removed for discussion. If you wish to comment on one of these items, please submit comments electronically at:..h 1., APPROVAL OF MINUTES February 26.,2020 Sta�ff recommendation: Commission approve the minu�tes. Commissioner Nava requested to have his name added to the meeting of February 26, 2020. Commissioner Zaker moved to approve the minutes, Commissioner Nava seconded the motion and it carried by the following vote: Yes- 7-Burroughs, De La Rosa, Gutierrez, Milburn, Nava, Torres, Zaker ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENT'S Persons may address the BoardlCommission on any subject matter within the BoardlCommission"s jurisdiction that is not listed as on item on the agenda. State low generally prohibits the BoardlCom mission from discussing or taking action on any issue not included on the agenda, but, if appropriate, the BoardlCom mission may schedule the topic for future discussion or refer the matter to staff. If you wish to comment, please submit comments electronically at: hjWs. ro�n in�s. Y- I�chu�lav�ista�. ic�usid�eas�xo�mm�ee�t PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to comment on one of these items, please submit comments electronically at: hlWs.-Llchul�avis�ta.�ro�nicu�5id�eas.�com�m�eet�in�s. 2., PUBLIC HEARING DR19-0025 Design Review consideration of a 27,821 square-foot building with a 4,185 square-foot covered entryway for supportive uses to include a vehicle collision and automotive repair facility on approximate�ly 2.2 acres located at 1880 Auto Park Place. Resolution of the City of Chula Vista Planning Commission approving a Design Review Permit, DR19-0025, to construct a 27,,821 square-foot building with a 2020-07-28 Agenda Packet, Page 517 of 711 A#" Page 3 1 Planning t.,ommission Minutes May 27,, 2020 41185 square-foot covered entryway for supportive uses to include a vehicle collision and automotive repair facility on approximately 2.2 acres located at 1880 Auto Park Place. Applicant: Stephen Dose Project Manager: Oscar Romero,,Associate Planner Sta�ff recommendation: That the Planning Commission conduct a public hearing and adopt the propose Resolution DR19-0025 approvi'ng the project based on the findings and subject to the conditions contained therein. That the Planning Commission conduct a public hearing and adopt the p�roposed resolution as follows: Approve Resolution DR19-0025 approving a vehicle collision and automotive repair fac,ility at 1880 Auto Park Place. Chair Gutierrez moved to approve the project,, Commissioner De La Rosa seconded the motion and it carried by the following vote: Yes- 7-Burroughs, De La Rosa, Gutierrez, Milburn,, Nova,, Torres,,Zaker 3. PUBLIC HEARING DR19-0019 Design Review consideration to construct 280 multi-family units on 11.6 acres within the Village Eight West Master Planned Community. Resolution of the City of Chula Vista Planning Commission approving Design Review Permit DR19-0019 to construct 280 �multi-family units with 428 parking spaces, on 11.6 acres within the Village Eight West Master Planned Community. Appficant: Homefe�d Village 8, LLC Project Manager Janice Kluth, Senior Project Coordinator Staff Recommendation: That the Planning Commission adopt Resolution DR19-00191 for the development of a 280 �multi-family project, based on the findings and subject to the conditions contained therein. That the Planning Commission conduct a public hearing and adopt the p�roposed resolution as follows: Approve Resolution DR19-0019 of the City of Chula Vista Planning Commission approving Design Review Permit DR191-00191 to construct 280 multi-family units within the Village Eight West Master Planned Community. Commissioner Zaker moved to approve the project, Commissioner De La Rosa seconded the motion and it carried b�y the following vote: 2020-07-28 Agenda Packet, Page 518 of 711 A#" Page 4 1 Planning t.,ommission Minutes May 27,, 2020 Yes-7-Burroughs, De La Rosa, Gutierrez, Milburn, Nava, Torres, Zaker 4., PUBLIC HEARING Consideration of Transportation Study Guidelines which implement the requi,rements of Senate B,ill 743, including using Vehicle Miles Traveled to determine the significance of a project's transportation impacts under the California Environmental Quality Act. Resolution of the City of Chula Vista Planning Commission: finding that the Chula Vista Transportation Study Guidelines (TSG) are consistent with the Legislative Intent of Senate Bill 743 and referring the Chula Vista TSG to the City Council for Adoption. Submitted by: Scott Barker.,Transportation Engineer Staff Recommendation: That the Planning Commission adopt Resolution No. 2020-01, recommending City Council adoption of the Chula Vista Transportation Study Guidelines as re�quire�d by SB 743. That the Planning Commission conduct a public hearing and adopt the proposed resolution as follows: Approve Resolution 2020-01 finding that the Chula Vista Transportation Study Guidelines are consistent with the Legislative Intent of Senate Bill 743 and referring the Chula Vista TSG to the City Council for Adoption. Chair Gutierrez moved to approved adopt the resolution'. Commissioner Milburn seconded the motion and it carried by the following vote: Yes- 7-Burroughs, De La Rosa, Gutierrez, Milburn, Nava, Torres, Zaker OTHER BUSINESS 5. DIRECTOR'S REPORT 6. COMMISSION COMMENTS ADJOURNMENT at 8:34 p.m�. to the regular meeting on June 10, 2020 at 6�:00 p.m. via teleconference in Chula Vista, California. Materials provided to the Planning Commission related to any open-session item on this agenda are available for public review in the Development Services Department, located at 276 Fourth Avenue, Building B, Chula Vista during normal business hours or online at www.chulavistaca._gov boards. 2020-07-28 Agenda Packet, Page 519 of 711 CITY OF CHULA VISTA AUTO PARK NORTH SPECIFIC PLAN (PCM-02-04) Adopted by: City of'Chula Vista City Council and Redevelopment Agency Council Oidinance No. Adoption Date: June 2003 2020-07-28 Agenda Packet Page 520 of 711 TABLE OF CONTENrs L Intuoduction Page I A. Puipose Page I B. Statutoty Authmity Page I C.. Relationship to Othei,Plans and Policies Page I D, Specific Plan Objectives Page I E. Site Location Page 2 E, Suti-ounding Uses Page 2 G. Site Chat-acteilstics Pa'ge 2 H. Issues and Oppoitunitics Page 2 1, Development Concept Page 3 11. Land Use Regulations Page 4 A, Land Use Disti-ibution Page 4 B, Permitted Uses Page 5 G, Pt-ohibited Uses Page 6 D-, Outdoor-Uses Prohibited- Exceptions Page 6 M,, Development Standar& Page'7 A. Lot Configuration Page'7 B- Lot Coveyage/F loor At-ca Page 7 C- Height Page '7 D., Building Setbacks Page 7 E., Patking Page '7 V Landscaping Page'7 G- Signs Page 7 TV. Design Guidelines Page 8 V. Perl'or�mance Standar-ds and Conditions Page 8 A, Houis of'Opeiation Page 8 B.. Nomotional Displays and Events Page 8 C- Delivet-les and Loading/Unloading Page 9 D.. Outdooi-Speakets and Pagers Page 9 E., Test Driving Page 9 F-, Catwash Facilities Page 9 G- Facility Maintenance Page 9 H Rideshai-e Incentives Page 9 1 Lighting Page 9 VL Infi-astr=tuire and Services Page 10 A. Water- Page 10 B.. Wastewatei Page 10 C. Stoim Watet-and Draffiage Page 10 D., Solid Waste and Recycling Page 10 E, Energy Page 11 F, St-r-cets and Cii-culation Page 11 VIT. Implementation Page 12 . Envii-onmental Review Page 12 IX Amendments to the Specific Plan Page 12 X. Auto Dealer�Association Page 12 XL Enfbrtement Page 13 2020-07-28 Agenda Packet Page 521 of 711 1. INTRODUCTION A. Put-pose The Auto Park Noith Specific Plan, ("PrqJect"), is a policy and iegulatoiy tool that will guide the development ofthe Project site using a focused development scheme., It pi,ovides a biidge between the bioad policies ofthe General Plan and the detailed development objectives for the site-, This Specific Plan supei-cedes the applicable zoning provisions for the site by establishing land use and development regulations that ai-e specifically adapted to the proposed development ofthe Pro' j ect site, The provisions ofthis Specific Plan are intended to be responsive to constraints and oppoitunities on the site and the objectives ofthe Project while implementing adopted policy. The Auto Park North Specific Plan has been prepai-ed to plan and implement the noitheily expansion ofthe Chula Vista Auto Paik,("Auto Park"'),on Main Sti-eet in the City of'Chula Vista, The guiding rationale behind this Specific Plan is to ensure the ordei ly and viable development of'the Proj ect site and the implementation of'the policies of'the General Plan and the Otay Valley Road Redevelo ment p Project Area., The compi-ehensive and coordinated development ofthe notthcrly expansion of'the Auto Park will benefit the City and the Otay Valley Road Redevelopment Pro'ect Area by removing blight and fficilitating new development that will expand commercial oppoitunities and the cmployment base., B. Statutory Authority The Auto Paik North Specific Plan is adopted by ordiiiance in accordance with Chapter 19.,07, Specific Plans,offitle 19,Zoning,of'the Chula Vista Municipal Code and Sections 65450-65457 of' the Califoinia Government Codc., Chapter 19,,0 7 adopts and incoipof ates the Govetnment Code Sections 65450-6545 7 by reference as though set forth in full. C. Relationship to Othet-Plans and Policies The Auto Park Nofth Specific Plan 'implements the hroad policies ofthe Gencial Plan and the Redevelopment Plan for- the Otay Valley Road Redevelopment Project Alea by establishing permitted land uses, development standaids, design guidelines, and entitlement pi,ocesses f'or the expansion ofthe Chula Vista Auto Park., This Specific Plan supersedes the zone regulations for the Project site, Where in conflict with the Zoning Ordinance,this Specific Plan shall apply-,and where this Specific Plan does not addiess a topic,the Zoning Ordinance and other-applicable policies and regulations shall apply., D. Specific Plan ObJectives The pximary objectives ofthe Auto Pxk Noith Specific Plan we: L rhe expansion of'the existing auto parkto create aregional destination automobile sales and seivice park with suppoiting uses,, 2.. A distinct identity for the Auto Pwk and a thematic link to other attractions in the Otay Valley fluough the Main Street Sti-eetscape Master Plan,, 3. The comprehensive and coordinated development,operation,,and maintenance of'the Pio' site 2020-07-28 Agenda Packet Page 522 of 711 Auto PaTk North Specific Plan(PCM-02-04) 4., An improved image of'the Main Sti-ect con idoi-and a4j acent land uses. 5, The pi-ovision ofall necessmy infiastiuctuie, seivices, and f4cilities at the time ofneed. F. Site Location The AWo Pwk Noith Specific Plan site is located along Main St-eet within the City of'Chula Vista, approximately one half mile east ofintei-state 805-, The Pipiect site consists ofappi-oximately 38,.81 acies on the north side of'Main Sti-eet to the east of'Biandywine Avenue and to the west of'Maxwell Road., F. Sur-rvunding Uses m ediately a4j acent land use s include slngle-f�mily tesidences to the noi th,light industnal uses to the cast and west(including the City's Public Wotks Centei,to the cast),and the site foi,the proposed eastefly expansion of'thc Auto Park on the south side of'Main Street(Auto Paik East Specific Plan)., The existing Auto Paik is located to the southwest ofthe Pipiect site along the south side of'Main Sti-ect., The Ota I y Valley Reg'onal Pwk is located to the south ofthe existing Auto Patk and the pi-oposed easterly expansion ofthe Auto Patk,. The Otay Landfill is located to the noitheast ofthe Ptpj ect site. G. Site Character�istics The Project site includes appi-oximately 38.81 acies on the north side of' Main Stteet and is appioximately 1,284 feet deep with 1 X3 feet of' ftontage along Main Stieet. The site was pteviously subdivided into 18 lots and is pnmai ily undeveloped with the exception Of'partial stleet impiovernents (Delniso Court and Roma Cowt) and othei-infi-astructure. The site has been tough g-Taded and teiiaced by a previous pt,opeity ownei,, Them is an elevation diffeience of'ovet-I 00-fect between the fi-ontage along Main Stieet.and the noithein boundwy line,, H. Issues and Opporfunities 1 he depth ofthe site and the elevation diffetences on the site could contilbute to visibility and accessibil't 1 y issues foi,ceitain types of'land uses on the i-eai-portion of'the site- In addition,the pfime attetial designation fbi- Main Sti-eet is a consideration fbi- suitable types ofland use fioi- the site,, However--,these same attfibutes pi,es-ent oppoitunities fbi-apptopiiate types of'land uses such as the proposed Auto Pwk North expansion- The Specific Plan addi-esses these and othei issues and oppotfunities fln-ough land use and development i-egulations, 1. Issues a,, The depth ofthe site is a development considetation foi- land uses that 1-equite oi- desffe visibility and/oi-fiontage along the primaiy sti,eet seiving the site, b, The elevation differ-ences on the site and the teiiaced building pads could pose an accessibilit 1 y and-visibility challenge foi-cettain types of'land uses c. The adjacent tesidential-uses to the noith i-equfie consideiation and could limit the desli-able Page 2 of 13 2020-07-28 Agenda Packet Page 523 of 711 Auto Park NoTth Specific Plan(PCM-02-04)_ types of'non-i-esidential uses ofthe site. d, The pmvious uses ofthe site and cuti-ent enviion-mental conditions could limit the ty I pes of' uses and impiovements.that could be allowed on portions ofthe site., e. Main Sti-ect is designed as a prime artei-ial intended to move lat'ge volumes ofti-affic at i-elatively high speeds with minimal access,, Adequate access to the developed site would mquiie signalized intei�section(s)to allow safe access.. f Key inter-sections and the Main Street corildor,east ofInteistate 805 lack identity and the existing sti-eetscapes have no unif ing theme ,yi 2. Opportunities a,. The planned development ofthe site will pi-ovide foi-an appi,opiiate use ofthe undet--utilized piopetty and fuithei-the i-edevelopment objectives ofthe Otay Valley Road Redevelopment Pipject At-ea., b., Compl-chensive planning and design will r-esult in efficient cii,culation, safe access, and the effective use ofinftastructuie and other-impiuvements.. c, Them w-e adequate public fficilities and services that now exist oi-that can be easily pi-ovided to seive the site, d.. The ielativc elevation difference between the site and the a4j acent r-esidential.development to the north creates a natwal and effective aesthetic, light, and noise buffet,., e,. Key intei-sections can be used to create wban focal points, and this segment of'Main Sti-eet can be unified undei-one stieetscape and landscape theme, f. Close pi-oximity to Interstate 805,the watei-paik,the amphitheatei-,the rivet,valley,and othei- potential land use attractions in the Ota.y Valley create the opportunity to develop a cow-dinated theme and image for-the Main Stieet coii-idot-, 1. Development Concept The Chula Vista Auto Park is intended to be a i-egional automobile sales and seivice destination located within the Otay Valley Road Redevelopment PioJect Ai,ea. The existing 24-aci-e Auto Patk was constiucted in 1991-1995., The Auto PaikNotth expansion will add appi-oxi'mately 39 actes,and the proposed Auto Paik East expansion will add appi-oximately 29 acres to the Auto Palk foi-a total ofappioximately 92 aci-es Theie ate two development 6o/ncepts foi the Auto Paik Noith Specific Plan: Option I consists of' YA eleven pai-cels (Appendix.'A)- 11 , Both options pi,opose lots with fi-ontage on Main Street that would be developed with new cai dealet'ships,, Lots to the intetioi- ofthe site would be developed with supporting uses such as automotive services and 9 inventoiy paiking lots,, Each ofthe lots may be developed independently, in accordance with the Auto Pwk Noith Specific Plan_ This Specific Plan would allow the constiuction.ofup to 130,000 squw-e feet of'dealeiship buildings.. The floor-xea fbi-these buildings would vary depending on the development pi-oposals submitted foi- individual dealer-ships,. These buildings would typically include showrooms, offices, service stations, and pwis departments. This Specific Plan would also allow up to 93,450 squar-e feet of' floot,ai,ea for-supporting automotive uses Page 3 of 13 2020-07-28 Agenda Packet Page 524 of 711 Auto Pwk NoTlh Specific Plan(PCM-02-04) 11. LAND USE REGULATIONS A. Land Use Distribution The Auto Pwk Noith Specific Plan allows the development of'new automobile sales dealei-ships and supporting uses., The distfibution of'peimitted uses shall be consistent with either Option I oi-Option 2 below.. (�_O Pt I io n 11 ............ Automobile Automobile Invcntory Supporting Parcel Sales Par-king.... . . services --------------- P .......................................................... ................... ........... ................ ........................----------------------- 2 P 3 P ........... .................. ---------------------------........ .......... .......... ....... 4 P 5 P ------------------- ------- .................................................. ..........................-------------------------- ...... .......... 6 P --------------------- 7 ................ .................... ............................... ................. .................. P ------------------------------- ................. 8 P P 9 P P ........... 10 P I ----------- ............................ .............................. P Option 2 ---------- ------------------------ ...................... ...... ...... ....... Automobile Automobile Inventor Sifpporting y Par -king Services Sales Par ............ ----------------------- ............ ................................. J ---- ----------------------- P 2 P ............ ------------------ ------------ ................ .......... ------- ................ 3 P .................... 4 P P ---------------------- ...... ......................................................................... ............... 5 P P 6 P .......................... ------------------------_ ......... .............................. .................. P Page 4 of 13 2020-07-28 Agenda Packet Page 525 of 711 Auto Park North Specific Plan(PCM-02-04) B. Per,mitted Uses The following aie the uses peimitted within the Auto Paik Noith Specific Plan: I Automobile Sales, Automobile, as used in this Specific Plan, shall mean passenget' cars, li&tiucks, and motomycles,. C."_7 f-Al%-vt C" .- e e_e_k ;^-p- Zr,--�_p , 5�'0V a_ Retail sales, leasing, and display of"new automobiles; b., Fleet sales and wholesaling of'new automobiles when incidental to on-sitc tetail sales of' new automobiles; c, Retail sales, leasing, and display otused automobiles when incidental to on-site letail sales of'new automobiles and not exceeding 50 pei-cent of'total inventory; d.- Automobile ientals when incidental to on-site i-etall sales of'new automobiles; e., Automobile inventoty parking when incidental to on-site i-etail sales of'new automobiles; f Automobile service,, maintcnance I ,1 and repair when inc'dental to on-site retail sales of' new automobiles., 2., Automobile Inventoiy Paiking 1, Supporting Services a., After,Market Automobile Accessofies Sales, Installation, and Seivice b ATV Retail Sales and Seivice c,, Auto Glass Repaii,and Auto Glass Tinting d. Auto Pwts Sales c-, Auto T uning f 1, Auto Upholsteiy g. Automobile Audio and Video Display Sales, Installation, and Service h. Automobile Detailing L Automobile Finance and Leasing Office Automobile Pails and Inventoty Watehousing k. Cai-Rental I.- Cw-Washing rn., Collision Repah- n., Custom Wheels After Mmket Specialty Wheels o, Lube Seivice p, Motomycle Rctail Sales and Seivice q. Mufflei,Repail, 1._ Office s, Restaurant Dell t, RV Sales, Parts and Seivice Page 5 of 13 2020-07-28 Agenda Packet Page 526 of 711 Auto Park North Specific Plan(PCM-02-04) u Tire Sales,Installation, and Seivice v,, Tt'ansmission Repaii- w., Truck Rental and TI-ailei,Rental x. Used Cm- Sales/ Specialty Used Cat, Sales 4.. Accessoiy Uses and Stiuctwes Accessory uses and structuies that ai'e custommily appurtenant to the above pefmitted uses, pi-ovided that such uses and structwes ai,e screened fiom public view oi,inewpoiated into the aachitect-me and design ofthis Specific Plan and subsequent development plans,. C. Pr-ohibited Uses Any use not expf-essly peimitted by this Specific Plan is pi-ohibited, D. Outdoor-Uses Prohibited—Exceptions Outdoor-uses and stot-age ai-e pi-ohibited,and all peimitted uses shall be conducted within compluely enclosed buildings, except foi-the following: l , Automobile display,. 2. Automobile inventoiy pwking., I Patking and loading f�cilities., 4-, Dining Page 6 of 13 2020-07-28 Agenda Packet Page 527 of 711 Auto Pak North Specific Plan(PCM-02-04) 111. DEVELOPMENT STANDAADS A,, Lot Configur,ation Lot configwation shall substantially confoim to either-Option I or-Option I B. Lot Cover,ageffloor-Arta The maximum lot covei-age shall not exceed 50 pei-cent. The total floot-ai-eafoi-dealex�ship buildings shall not exceed 130,,000 squaie feet on the Ptoject site., The total floot- ai-ea for- suppolting use buildings shall not exceed 93,450 squai�e feet on the Pi-oject site., C. Height The maximum height of'biLffldings and othei'stiuct-Lues shall not exceed 45 feet,except as pr-ovided in the Zoning Oidinance fot-w-chitectural features and-othei exceptions., D. Building Setbacks I Main Stied Setback: 40 feet, 2., Inteinal Str-eet Setback: 25 feet., I. Side and Rear- Setbacks: 20 feet.. E. Parking Off-sti-eet parking and loading shall be pi,ovided puisuant.to the piovisions of"the Zoning Ordinance.. On-sttcet paiking shall be allowed, except along Main Str-eet,. F. Landscaping Aminirnum.of'20 pet,centofthe Pi-oject site shall be landscaped-, Lots shall be landscaped to a depth of'at least 10 feet along ptoperty lines, except foi appioved dtivcways,patking w-eas,display areas, loading ateas, and othei- appi-oved f4cilities. Landscape plans shall be consistent with the Design Guidelines (Section IV) and shall be submitted with the i-equited devclopment plans to the Design Review Committee fbi-design i eview(Section VII) G. Signs In addition to the following specific i�equii=ents,the Municipal Code PWViSiOnS T-egUlating Signs shall apply to signs within the Auto Patk Noith Specific Plan- I.. A planned sign pi-ogiam shall be pi-epat-ed foi, each pwcel and shall be submitted with the i-equir-ed development plans to the Design Review Committee foi- design 1-eview (section V11),. Planned sign ptopams shall be consistent with the Design Guidelines �Section IV). Page 7 of 13 2020-07-28 Agenda Packet Page 528 of 711 Auto Park North Specific Plan(PCM-02-04) 2. Off-site signs shall only be peimitted tlu-ough an off-site sign program that has been appi-oved by the Design Review Committee thi,ough design ieview(Section VTI)- Off'-site sign pi-ograms shall be consistent with the Design Guidelines (Section TV),. 1 The following signs ue pmhlbited,except when approved as mt ofapiomotional display oi- p event (Secti on V.-B a.. Pole signs, b., Roof'signs. c. Painted signs,, d.- Message bow,d& e,. Marquee si*gnS,. f. Window signs., g.. Pottable signs, h.. Flashing, animated, oi-moving signs ot,signs that simulate movement. i.. Banners Pennants_ k Stt-eamei&. L Balloons., m Inflatables,, IV. DESIGN GUIDELINES The City of'Chula Vista Design Manual and Landscape Manual and the Main Stieet Stmetscape Mastet, Plan shall apply to the Auto Park, including individual paicels-, The landscape design of' individual pw-cels shall also be consistent with the approved landscape design ofthe existing Auto Park Impi,ovements and landscaping in the Main Stmet i-ight-of-way and ad 6 acent setbacks shall be consistent with the Main Sfteet Sticetscape Mastei-Plan,. V, PERFORMANCE STANDARDS AND CONDITIONS The pe6oimance standaids ofthe Zoning Code shall apply to land uses in the Auto Paik,. In addition, the following standmds and conditions of'opeiation shall apply to land uses in the Auto Park.. A. Hours of'Operation I he hours of'operatiowbusiness hours shall be limited to 7:0 0 a.m.,to 10:0 0 p.,m. Monday thi-ough Ffiday and 8:00 am.to 10:00 p.m., Saturday, Sunday,and federal hofidays,, The how-s of'operation foi-collision repair facilities shall be limited to '7:30 a.m,. to 6:00 p_,m_, Monday through Friday, 13. Promotional Displays and Events Piumotional displays and events(Including signs listed in Section III.G.3.)may be allowed fioi-each dealet'ship up to 60 days each calendar,yew,subject to the i-eview and appi-oval of'plans by the Zoning Page 8 of 13 2020-07-28 Agenda Packet Page 529 of 711 Auto Park Nor-ffi Specific Plan(PCM-02-04) Administratot-, C. Deliveir-ies and Loading[Unloading Deliveries and loading and unloading shall be prohibited in the public iight-of'-way,, D. Outdoor- Speakers and Pagers The use of'outdoOT' speakers, intetcoms, sound systems, and audible pagei's. shall be pt-ohibited,. E. Test Driving Each dealet-ship shall submit a map designating at-eas foi-test&1ving to the Zoning Admim'st-ratot,foi, i-eview and appi-oval pi-iot,to occupancy, Test dfiving in residential ateas shall be prohibited,. F. Carwash Facilities Cai-washing within the Prpject at-ea shall only be allowed at an approved catwash fkility,, Caiwash facilities shall include watet,i-ecycling, and tunoff/pollution prevention feaftu-cs-, G. Facility Maintenance Facilities, glounds,, and app-uutenant off-site impt-ovements�1 including buildings, sftuctwes, signs, landscaping,iiiigation,patking lots,sti-eets,medians,pwkways,slopes,and drainage systems shall be maintained as pi-ovided in the covenants, conditions, and i-estfictions (Section X)., H. Rideshafe Incentives Businesses shall pi-ovide employees with rideshai-e oi alteinative commuting incentives,, Pi-efeiential patking shall be pi-ovided foi-caipools and vanpools, L Lighting Lighting plans shall be submitted as pait ofthe Design Review process foi the development of' 4 individual lots., The lighting plans shall be consistent with the plan piepar-ed by Spaulding Lighting, dated Decembet- 14 2002., Non-securit 1 1 y I*ght*ng shall be tutned off'by 10:00 p,,m,, Page 9 of 13 2020-07-28 Agenda Packet Page 530 of 711 Auto Park North Specific Plan(PCM-02-04) VI, INFRASTRUCTURE AND SERVICES A. Water- Development shall be consistent with the i,equii,ements of'the Otay Watet District and shall comply with the following watei- conseivation measmes: 1) fheilities shall be fitted with low flow watei, fixtw,es,dual flush toilets,watefless unnals high-efficiency dishwashers(in restaut aii,-cooled ice machines (in j'estawants), conductivity meters (on cooling towets), and pi-e-finse spiayei s (in r,estaur-ants); 2) watet-efflicient landscaping shall be used, including native vegetation and di-ought tolerant plant mateiials; 3) water- efficient iiii"gation systems shall be used, including evapotranspir ati on(E T)contiollets,i ain sensoi's,so*11 moi stme measurmg devices,,low flow emitters. and chip hi�lgation;4)catwash f4cilities shall be equipped with watei--iccycling featmes;5)landscape plans shall comply with the City Landscape Manual, including the pi-eparation of' a water- management plan; 6) ieclaimed watei shall be used when feasible; 7) all hot water,pipes shall be insulated-, 8)pi-essui-e reducing valves shall be installed at all meters; and 9) all individual tenants shall be submetei,ed. Othei-measums may be proposed pw,suant to the City of'Chula Vista Water- Conservation Plan Guidelines. B. Wastewater Sewei, service to the Project site would be piovided by the City, which opciates and maintains its own wastewater,collection system, which connects to the City of'San Diego Metropolitan Sewer- System. A sewei- study/analysis shall be pi-epaf-ed foi- all development within the Pro'ea. Any 9 necessa,yy easements fbi- the installation, opei-ation, and maintenance of'sewei fdcllities shall be p ided., A sewage pwticipation f6e and othet- applicable sewei- f'ees shall be paid at the time of' iovi connection to the public sewei,_ C. Storm Water and Drainage All development shall comply with the City of'Chula Vista Stoim Watei'Management Standards Requitements Manual and shall employ BestManagement Piactices(BMPs)to pi-eventpollution of' the storm water- conveyance systems, both dwing and aftei consti-action. In addition, all development shall comply with the iequii,ements ofthe National Pollution Dischai-ge Elimination System (NPDFS) Mum'cipal Peimit, including Standard Urban Storm Watei- Mitigation Plans (SUSMP) and Numeric Sizing Oiteiia_ A Stoirn Watei-Pollution Pievention Progi-arn (SWPPP) shall be implemented concwtently with the commencement of'any grading activities in the Ploject ai,ea D. Solid Wastc and Recycling All development plans shall provide tecycling and tiash enclosul-es with sufficient capacity to pi-ovide fbi,the sepai-ate collection ofti-ash,mixed papet-,iigid containei-,and yw-d waste genetated by each business with not mon than five weekly collection stops pel�mateiial per'week. Enclosules shall be sized pursuant to the Recycling and Solid Waste Plan Guide., A solid waste and i-ecycling plan foi-each business shall be submitted to the Special Opei ations Managei-fOl'T'eView and appioval Page 10 of 13 2020-07-28 Agenda Packet Page 531 of 711 Auto Park North Specific Plan(PCM-02-04) pfior,to construction,, Automotive businesses may take patt in the City sponsor,ed State Certified Used 0 11 and F ilter-Di-op Off Pwgriam,, E. Energy Eneigy-efficient measures shall be incoipoiated into all development plans pursuant to established bUilding efficiency pi'ogiams or-a custom pi'ogTarn-using constiuction methods that exceed CalifWnia Title 24, Patt 6, Enei�gy Efficiency Standards by at least 10 per-cent,. F. Streets and Circulation Main Sti-eet is designated as a piime attetiat, The development ofthe Project site and apputtenant off'-site fficilities shall be consistent with the standwds and specifications foi� this i-oadway classification, -unless otheiwise modified by discT-efionary action,. Signaliz,ed inte-r-sections shall be piovid,ed at all Main Sti-eet inteisections to allow for, protected tw-ning movements.. Stieet alignments and intersections shall be considet-ed and cooi-dinated with the alignrnents and inter-sections of'stiects on the south side of'Main Sty-ea, Dfiveway access shall not be allowed along Main Sti-eet,. The number-s and locations ofthiveway appioaches shall be minimized, Paiallel on-sticet patking shall be allowed within the Pi-oject boundaries. Public ti-ansit imptovements shall be integrated into the Ptoject design as deteimined by the 1'esponsibletiansit agencies,, These imptovements may include,but ai-e not limited to,bus twnouts, sheltei's. and benches, Pedestr-ian,,bicycle,and othei ti-ansportation modes shall be accommodated as approptiate oi requited within the public iight-of-way and on individual lots,. All impi,ovements shall meet ADA i-equiiements fbi pwking and accessibility,. Page I I of 13 2020-07-28 Agenda Packet Page 532 of 711 Auto Park North Specific Plan(PCM-02-04) V11. IMPLEMENTATION A. The City's i-eview ofapplications and plans shall be goveined by the pi-ovisions ofthis Specific Plan, any existingOT' futme agi,eements, the adopting oidinances and i-esolutions, and applicable fedeial, state, oT-local oi-dinances,. B,, Modifications to pi-ovisions of'this Specific Plan may be made by the ZoDing Administiatoi,upon findings of'substantial confoimance with this Specific Plan. Ifthe Zoning Administi-atot-is unable to make findings of'substantial confoimance,then an amendment of'this Specific Plan may be pi-oposed (Section JX). C- Subsequent to the adoption ofthe Auto Paik Notth Specific Plan and final map approvals, development plans for,individual paicels shall be submitted to the Design Review Committee fot- Teview and appi-oval pw-suant to the design r-eview process ofthe Zoning Oi�dinance and pfioi-to the issuance of'permits fm the pwcet, D. All t-equited off'-site impiovements,including,but not limited to landscaping,medians,paikways, sti-ects, sidewalks', ewbs and gutters, streetlights,ti-affic signals, signs,utilities,and othei-fficiliti es, 6 setvices, and infi-astiuctur-e, shall be completed piioi-to issuance offinal occupancy,. E- All land divisions and consolidations I impi-ovement plans, grading plans, landscape plans, and building plans shall comply with local, state, and fedeT'al codes, i-egulations, standaids, and guidelines; this Specific Plan; and any existing oi-future ag-mements. V111. Environmental Review A Mitigated Negative Declatation(MND)has been pi-epared foT-the Auto Pw-k North Specific Plan, pui-suant to the Califoinia Enviiom-nental Act(CEQA),finding that the Pi-oJect with mitigation will not et-eate significant environmental impacts., This envii,onmental document shall be consideied adequate and no other, envii-onmental i-eview shall be i-equited foi- subsequent development plans, p ided the plans al-e in conformance with the Auto PaikNoith Specific Plan,. The pipjectirevisions i-ovi I and/oi-mitigation measures contained in the Mitigation Monitoting and Reporting Piograrn(MMRP) shall be implemented by the Project and,,where in conflict with the ptovisions of the Specific Plan ot othei-applicable policies, the MMRP shall apply.. IX. Amendments to the Specific Plan The Auto Pwk Noith Specific Plan may be amended pw-suant to applicable state and local laws, codes,, and mgulations_ X. Auto Dealer Association An auto dealei-association shall be established and maintained foi-the duration ofthe Pipject., All auto dealei-ships and othei-business and pi-opeity ownei-s within the Auto Pwk Noith Specific Plan shall be i-equhed to maintain membet'ship at all times with the association,, Aiticles.ofincorporation,' by-laws,and covenants,conditions,and iestictions(CC&R's)shall be pi�epat-cd and submitted to the Page 12 of 13 2020-07-28 Agenda Packet Page 533 of 711 Auto Park North Specific Plan(PCM-02-04) Redevelopment Agency for review and approval and shall take effect pliot to occupancy., The CC&R's shall include pi-ovisions for the maintenance and opet ation of'dealei-ships and all othei- -ovisions shall mclude land uses including appuatenant jights-ofway d off-site fkffities,. These pr an 1 maintenance standaids foi-buildings, stiuctui-es, signs,landscaping,iiiigation,pwking lots,pfivate sti,eets medians, paikways, slopes, drainage systems,, and all other'Infiastr-udw-e., X1. Enforcement The provi sions of'the Auto Park Noith Specific Plan shall be enforced pursuant to the provi sions for enforcement contained in the Chula Vista Municipal Code. END OF SPECIFIC PLAN NEXT PAGE IS ADDENDUM Page 13 of 13 2020-07-28 Agenda Packet Page 534 of 711 Auto Park North Specific Plan(PCM-02-04) ADDENDUM 2 Subsequent to the Planning Commission heating,the applicant mquested a ievision to the Land Use Distfibution tables(Option I and Option 2), The tequest is to amend the tables to petmit suppotting seivices on Lots 8 and 9 in Option I and Lots 4 and 5 in Option 2, In both options, the lots in question we ad' ai oui jacent and to the noith ofthe two auto dealei-ship lots that -e east of'DeInIso C t. In the applicant's conceptual plan, these lots to the i-ear-ofthe dealership lots seive as automobile inventoTy parking, However-,the applicant would like the option to allow suppoiting services to be developed on these lots.. Although the potential distfibution of'supporting uses could change under the pi oposed i-evi sion,the ovei-all 'Intensity of'the Py-o'ect development would not exceed the limits set by the standards and pi-ovisions of'the Specific Plan., Stafffinds that the pioposed ievision to the Specific,Plan document would not affect the putpose and objectives ofthe Specific Plan-, Mor-eovei,, the r-evision would metely allow gteater flexibility fbr- futw-e development in teims of'the distribution of'peimitted uses on the Pi,oject site,, All other- applicable standatds and pi-ovisions ofthe Specific Plan would apply, including those that regulate the ultimate intensity ofthe uses on site, such as lot cover-age and floor-atea limits., Page 14 of 13 2020-07-28 Agenda Packet Page 535 of 711 I t�s' D e v e o p m e n t S e r v c e s De pa rt me n t d" Planning Division Development Processing U FY OF Cl-it)[A.VISTA APPEAL APPLICATION FORM Appeal the decision of the: STAFF USE ONLY E]Zoning Administrator Date Received: Fee: Fol Planning Commission Receipt# Case# Application Information Name of Appellant Kerri Aviles P h o n e Address Business Address Project Address 1880 Auto Park Place, Chula Vista CA 91911 Project Description Auto Collision and Repair (Example:variance,conditional use permit,design review,etc.) Please use the space below to provide a response to the decision you are appealing.Attach additional sheets,if necessary. Grounds for an appeal must be based on at least one of the following: (1) Factual Error.The statements or evidence relied upon by the decision maker when approving, conditionally ap�proving, or denying a permit, map, or other miatter was inaccurate; (2) New Information. New information is available to the applicant or the interested person that was,not availa,ble through that person's reasonable efforts or due diligence at the time of the decision; o,r (3) Findings Not Supported.The decision maker"s stated findings to aipprove, conditionally approve, or deny the permit, map, or other matter are not supported by the information provided to the decision maker. In order for an appeal to be valid, detailed responses must be included which cite at least one of the above reasons for the appeal along with substantiation of the facts and circumstances on which the claim of theappeal is based. If an appeal is filed within the time limit specified., and determined to be valid, it automaticallystays proceedings in the matter until a determination is made by the City Cou�ncil. A hearing was held to approve the Auto Col�lisi�on and repair shop at the base of my home.Pertinent information was withheld. Oscar Romero is the planner who p�resented at this hearing and submitted a slide show for the commissioners to view. What the slide show failed to demonstrate is the fact that there are already two businesses to the east and West of this proposed lot with a combined total of over 100 cars that come and go all day long. Cars that have�back up alarms, use generated powered washing devices,,set off multiple alarms at once and omit a tremendous amount of exhaust and pollution,. Pictures and videos were provided prior to the start of the hearing however none of these issues were brought up or discussed. Zero transparency was had in this process. Appeal Form Directions Pursuant to the Chula Vista Zoning Ordinance Chapter 19.14, an interested party may appeal the decision,of the Zoning Administratorl or Planning Commission to the City Council. The appellant miust be ain interested party. An interested pairty means a person who was present at a public hearing from which an appeal arose and who had filed a speaker slip with the decision maker at that publi c hear�ing,or a person who expressed an interest in the project in writing to that decision make�r before the close of the public hearing or a decision on an action from which an appeal may be filed.The appellant must file a complete appeal application form within the specified app,eal period(10 business days after the decision has been made),complete the Disclosure Statement,and pay the required fee.Once a valid appeal form is filed,the appeal will be scheduled for a hearing by the City Council within 30 days. Digitally signed by Aviles,Kerri Aviles, Kerri Date:2020,06,10 16:04:08-07'09 6/10/20 Signature of Appellant Date. ------------------------------------------------------------------------------ DO NOT WRITE IN THIS SPACE Thie above matter has been scheduled for public hearing before the: F1 City Council 0 n Development Services Department City Clerk 2020-07-28 Agenda Packet, Page 536 of 711 APPEAL lof 1 276 Fourth Avenue Chula Vista California 91910 (619) 691.5,101 Rev 5.14 2020-07-28 Agenda Packet, Page 537 of 711 APPEAL TO THE PROPOSED AUTO COLLISION AND REPAIR FACILITY This appeal is being submitted to oppose the decision made in regards to the Auto Collision and Repair facility that has applied to be built at 1880 Auto Park Place, Chula Vista., CA 91911, On 4/25/2020,. Residents in the Robinhood Point community were provided with written notice that an Auto Collision and Repair facility had submitted an application to be built at the base of the hill and directly next to my home. Robinhood Point consists of 291 homes with an active Home Owners Association. Many homeowners Including myself began reaching out to the Associate Planner, Oscar Romero expressing our strong opposition to the proposed business. Please see the written correspondence to Mr. Romero dating from 4/25/2020 to 6/26/2020 consisting of(5) pages attached herein. Mr. Romero indicated to that there would be a hearing in which members of the public would be able to participate 'in a virtual Planning Commission Meeting on 5/27/2020. Prior to the meeting date, several homeowners including myself began reaching out via e-mail to state our opposition and inquire about the specifics governing the zoning for this particular lot of land. On 4/2712020, Mr. Romero provided a link to view the City of Chua Vista Auto Park North Specific Plan consisting of 13 pages. This plan was adapted in 2003 and supersedes prior zoning regulations. I had the opportunity to read the Auto Park North Specific Plan and had several questions for Oscar Romero regarding what it stated. Please see my questions listed in the e- mail correspondence attached. Mr. Romero's response stated that the site and the use had been reviewed and approved under Mitigated Negative Declaration IS-02-006. (Adopted in 2003) The response left more questions as I had not viewed a copy of the Mitigated Negative Declaration report. Additional concerns were raised due to the fact there had not been any further studies or inspections of the area since 2003 when the new zoning occurred. On 5/26/2020,, Additional questions were e-mailed to Mr. Romero specifically asking if all of the e-mails and concerns provided by the community to him would get presented at the 5/27/2020 meeting. Mr. Romero indicated that yes, all information would be provided at the meeting. There was no deadline provided. Please see the e-mail below. Good morning Mr. Romero and neighbors, As a reminder tomorrow is the meeting at 6:OOPM and I hope everyone in the community follows the progress and shares their concerns about the proposed building of another auto collision and repair shop at the base of the community. Per the Notice Of Public Hearing letter it states that if we want to submit comments in advance we can direct them to Mr. Romero. Mr. Romero will you be collecting and presenting the e-mails that have already been submitted to you? Neighbors if you want to submit comments during the meeting the letter directs you to https:Hchulavista.granicusideas.com/meetings. 2020-07-28 Agenda Packet Page 538 of 711 I encourage everyone to share this within the community and send Mr. Romero your thoughts as well as participate in the meeting. Kerri Aviles On 5/26/2020, Mr. Romero responded with the statement below. "Hi Mrs. Aviles,,, Yes, I will P roykde the emails sent earlier to the Planning Commission as well as any new ones that may come in. As a follow up, I have responded to the questions and statements posed in the earlier email and provided here for your review."—There was no mention of a cut off time in regards to receiving the information being provided. On 5127/LNO, at 4:34 PM, I emailed Mr. Romero providing two photos and two short videos of the lots to the East and West of the proposed lot for the Auto Collision and repair facility. Those two photos and videos were taken in my front and side yard.The photo to the West shows a large lot with approximately 80-100 vehicles parked on it.These vehicles are delivery vans that Amazon and two other delivery companies use to make deliveries every day. The van operators frequently use car alarms to locate their vehicle, use back up alarms when getting in and out of their space, use generated power washers to wash the vans and do light mechanical work in the location. All of this contributing to CO2 emissions, environmental impact, and noise. The photo to the East depicts an Automobile Sales Dealership called RTA Auto and is located at 1860 Auto Park Pl. Chula Vista CA 91911. This dealership appears to be comprised of auto sales and large machinery rentals. There are approximately 40 cars on the lot along with a second lot that houses approximately 20 large lifts. These lifts are hoisted onto large flatbed trucks and driven off the lots. This is an active business that operates daily. These large trucks use back up alarms, make a lot of noise and contribute to the pollution and CO2 emissions here. Please see a copy of the photos consisting of(2) pages attached herein. My point in sending Oscar Romero the videos and photos was to ensure he had a very clear understanding as to the current businesses that already exist next to our residential *ty inesses that consist of approximately 130 cars that operate daily bringing noise communi - Bus' and pollution to our community. On 5/27/70 Residents of Robinhood Point Community attempted to log on and participate in the City Planning Meeting. This was a virtual meeting, which posed some significant difficulty to participate in.The process to get set up and log in took a lot of time for many of the homeowners and some were not able to access the portal at all. It was difficult to view the meeting, hear the commissioners (as they too were suffering from technical difficulty) or provide comments. Several homeowners called me throughout the meeting asking for updates and wanting to express their concerns. In turn, I began calling in to the City Clerk requesting assistance. Additionally I forwarded the City Clerk a copy of the earlier e-mail that was sent to Mr. Romero, which contained the two photos, and videos of the existing businesses to the East 2020-07-28 Agenda Packet, Page 539 of 711 and West of the proposed lot as I wanted to be sure the Commissioners had a chance to view them. Ultimately none of my photos or videos were presented. Oscar Romero presented a slide show depicting what the proposed Collision and R facilitv would entail. The slide show consisted of 13 slides. Three slides depict the land for which the proposed business will be built.What Mr. Romero willfully failed to show the commissioners is the proximity to mv home. Each photo was taken at an angle in which MY home is deliberately omitted and not visible. Picture number 3 was taken FROM MY FRONT YARD yet-this is not stated in the slide show. In addition to this omission and editina, it was also not disclosed that there are ALREADY TWO EXISTING BUSINESSES that are in full 0 ation and run daily. In Mr, Romerols slide show,the area to the East is compietely cut off not allowing the viewer to see the Auto dealership and lift rental business. Furthermore,the area to the West, Mr. Romero calls this a "a Parking lot" opposed to a very active deli center with 80-100 vehicles in daily operation. The photos he displays depicts the area as if it were open fields and clearly went to great lengths to conceal my home from the photos that were provided. There was zero information provided to the commissioners to discuss the current noise level from the two existing businesses, pollution, environmental effects,ground wate emissions. Additionally there is not a current California Environmental Quality Act(CEQA) that is recent and takes into account what businesses are here and existina.This presentation was nothing sort of complete fraud in that the facts were not presented to the Commissioners in order for them to conduct an honest vote.The willful omission of details demonstrates a lack in intearity and transparencv and is deceitful on part-of the Citv Planner. Neither of the two photos or the two videos that I sent in were provided for the Commissioners to review. Had the Commisioners been presented with what I sent would have been clear that Mr, Romero intentionally and purposeiv omitted the fact that there is a home with a family livinja in it directly next to and above the proposed business. During the meeting, Commissioner Nava acknowledged having worked in an auto collision and 9 1 ioner repair shop and recalled how incredibly loud they were. Additionally, One Commiss' acknowledged not having read the Auto Park North Specific Plan and relied solely on Mr. Romero's "expertise" when it came to answering questions related to the zoning of the area. The Chair commented that "there is already freeway noise to contend with so what difference would this make?" To be clear, Robinhood Point is not directly near the freeway and the sounds that do make their way here are like faint white noise with no significant impact. The ultimate vote ended in all commissioners submitting "aye"votes for the proposed Auto Collision and Repair facility. A decision so great and one that could significantly and negatively impact the health and well being of my community and my family. Residents were given FOUR minutes (two were added in order to compensate for the electronic glitches)to log in and oppose the decision. A decision that clearly put Chula Vista businesses above Chula Vista tax paying citizens and residents. This hearing and voting process was a disservice to the Robinhood Point Community and its nearly 900 residents. 2020-07-28 Agenda Packet Page 540 of 711 Immediately following the Commissioners vote, I notified City Planner Oscar Romero of the fraudulent act that occurred based on the willful omission of facts surrounding his proposal. On 5/28/2020, 1 began communicating with Tony Cruz from Councilmen Stephen Padilla's office. I shared with Senior Aide, Tony Cruz, all of my concerns related to the omitted information and fraudulent City Planning Commission Meeting. I shared with him all of the same details that had been provided to City Planner, Oscar Romero. Mr. Cruz responded by stating that the City Clerk informed him that the e-mails had been forwarded to the Commission and that the Chair extended the Public Hearing an additional two minutes (for a total of four minutes). Furthermore, Mr. Cruz stated that I could file an appeal if I disagreed with the decision. Please see a copy of the e-mails consisting of(4) pages attached herein On 6/1112020, 1 began communicating with Director of Developmental Services, Kelly Broughton. I shared with Mr. Broughton all of my concerns related to the omitted information and fraudulent City Planning Commission Meeting. I shared with him all of the same details that had been provided to City Planner, Oscar Romero. Mr. Broughton was unable to resolve any of the 'issues mentioned nor was he willing to consider the additional photos or videos that I submitted and he stated the photos and video were provided 1.5 hours prior to the meeting thus not meeting the deadline. A deadline that I had no knowledge of. As I stated earlier, Oscar Romero said in his e-mail dated 5/26/2020,that he would forward on any information provided him to the Commissioners to view at the hearing. He did not state that there was a time cut off. Please see a copy of the e-mails. consisting of(6) pages attached herein. On 6/:�012020, 1 submitted a request for an appeal. In my statement I said, "A hearing was held to approve the Auto Collision and repair shop at the base of my home.Pertinent information was withheld. Oscar Romero is the planner who presented at this hearing and submitted a slide show for the commissioners to view. What the slide show failed to demonstrate is the fact that and that my home is in close proximity there are already two businesses to the east and West of this proposed lot with a combined total of over 100 cars that come and go all day long. Cars that have back up alarms, use generated powered washing devices, set off multiple alarms at once and omit a tremendous amount of exhaust and pollution. Pictures and videos were provided prior to the start of the hearing however none of these issues were brought up or discussed. Zero transparency was had in this process. On 6/16/2020, 1 paid a $250 fee in order to stay the proceedings in regards to the building of the Auto Collision and Repair facility. Additionally I requested copies of the minutes from 2020-07-28 Agenda Packet, Page 541 of 711 the 5/27/20 meeting and a copy of the California Environmental Quality Act (CEQA.) On 6/19/2020,, 1 was provided with a copy of the Mitigated Negative Declaration (MND) consisting of 20 pages. This document is dated 4/21/2003.The MNG discusses future projects for the Auto Park North area and provides historical background regarding this Super Fund land. The area for the proposed Auto Collision and Repair Shop is described as; "highly disturbed industrial property. There is currently a deed restriction placed on this property to prevent this site from being used for residential purposes. In the unlikely event that impacted soil is encountered during construction, a Soil Management Plan needs to be prepared to address future intrusive construction activities. Proposed projects to the area will generate an incremental increase in short and long term emissions as development occurs. Air pollutants will be generated during both the construction and operation phases of the project. FUGITIVE DUST would be created during construction operations as a result from construction related activities." 23 steps were outlined to address mitigations necessary to avoid significant impacts. Please refer to the MNG report submitted by the City of Chula Vista. Today I come before you and provide clear documentation stating the residents of Robinhood Point Community explicitly oppose the building of the Auto Collision and Auto Repair Facility. Theimpact that the constant noise stemming from such a business will create is unsuitable for my family and other residents. The droning sounds of ratchets, air compressors, banging mixed with the fumes from chemicals and paint create a toxic environment that this community refuses to accept. Coupled with the willful and fraudulent withholding of pertinent information on part of the City Planner, Oscar Romero, regarding the proximity of my home and community to the proposed business as well as the fact that there are already very active businesses in the area. South Chula Vista is home to many'Industrial and Super Fund sites. Local dumps, land fill, toxic swampland and former slaughterhouses. With time and clean up measures, portions of South Chula Vista have recovered and have gone on to become beautiful residential communities, like Robinhood Point Community. Chula Vista and in particular, District 3 deserve to continue in preserving our community and moving away from toxic businesses that we have worked so hard to recover from. Adding one more Auto Collision and Repair Facility to the already dozens of repair shops in South Chula Vista, District 3 is not necessary and is bad business for our community. 2020-07-28 Agenda Packet, Page 542 of 711 I am urging you to thoroughly review the documentation that has been provided to you and recognize the fact that the City Commissioners approved this project based on partial facts and willful withholding of crucial information. The Robinhood Point community deserves better and I respectfully request that the proposal for an Auto Repair and Collision Facility be denied. Kerri Aviles 2020-07-28 Agenda Packet, Page 543 of 711 ATTACHMENTS 1. E-mail correspondence with City Planner Oscar Romero 2. E-mail correspondence with senior aide to Councilmen Stephen Padilla,Tony Cruz 3. E-mail correspondence with Director of Development Services, Kelly Broughton 4. 3-Photos taken from Oscar Romero's slide show 5. Photos taken by Kerri Aviles 2020-07-28 Agenda Packet, Page 544 of 711 2020-07-28 Agenda Packet, Page 545 of 711 E-ma'11 corm§Rondence w'lth Ass*lstant Cj�y Planner Oscar Romero To: Oscar Romero Cc: Mark Aviles Subject: Auto Collision and Repair Facility Hello Mr. Romero, I am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place. I would like for you to provide information as to what exactly"limited industrial" refers to as my understanding of this is that a repair shop most certainly does not fall into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location. This business would sit at the foot of the hill from my home and would impede greatly on the residential quality of life that we have. I have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, Kerri Aviles April 27, 2020, 09:07:13 A Oscar Romero <oromero@chulavistaca.gov> wrote: Hi Ms. Aviles, I am the project planner and can answer any questions you may have. The project is within the Auto Park North Specific Plan and supportive uses such as Vehicle Collision and Automotive Repair are permitted at this location. The zone for the site is actually Industrial and the General Plan is Limited Industrial. When there is a Specific Plan, the uses permitted are no longer limited to the zone but are reviewed under the specific plan. If you have any follow up questions or comment please let me know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619)691-5098 oromero@chulavistac April 27, 2020 12:25 PM To: Oscar Romero Cc: Mark Aviles; Stan Donn; Sue Morassi; Raymond Estrada; Alan Engelhorn Sub ect: Re: Auto Collision and Repair Facility Hello Mr. Romero, The response you have provided is confusing and concerning. The initial letter that I received stated that this location is zoned as IP (Industrial)with a general plan of IL (Limited Industrial). In reviewing the Industrial Base Zone codes, there is no mention of a business such as a collision and vehicle repair facility failing into the categories described. Has something changed? The information I have describes IP zones as "Intended to create a campus like environment characterized by comprehensive site design, substantial landscaping and amenities that serve the surrounding development in a manner that preserves the industrial 2020-07-28 Agenda Packet, Page 546 of 711 nature of the zones. IP zones have different categories to include 1-3 some for office use and light industrial. I am really trying to understand how a collision and vehicle repair shop falls into any of the categories listed? Tow trucks coming and going, loud repair machinery, fumes and exhaust from the work being done etc. Your letter states that an application has been filed with the City. What is the next step? Several of us want to attend all meetings related to this and remain in opposition of such a business being established at the base of our homes. I look forward to hearing from you. Sincerely, Kerri Aviles 619-890-0522 April 27, 2020, 01:44:52 PM, Oscar Romero <oromero@chulavistaca.gov> wrote: Hi Ms. Alvez, The IP Zoning designation and LI General Plan designation is correct. In addition to both zoning and the general plan there is also a Specific Plan in this area, noted as the Auto Park North Specific Plan which takes precedence in regard to permitted uses and development standards. Please review the link provided sharing the Auto Park North Specific Plan document. At this time the next step for this project will be a public hearing which you will receive notice via mail or email if you request. Let me know if there are any other comments or questions. Auto Park North Specific Plan:https-.//gisweb.chulavistaca.gov/ZoneFinder/pdfs/SpecificPlans/AutoParkNorth—SpecificPla n.pdf Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 oromero@chulavistaca. April 27-,-20209,04:41:47 PM, Kerri Aviles wrote: Hello Mr. Romero, Thank you for the link to the Auto Park North Specific Plan. I have had an opportunity to read it and have follow up questions please. On Page 2; 1, H, 1 C-The reference is made that, " The adjacent residential uses to the north require consideration and could limit the desirable types of non-residential uses of this site." With that being said, yes, our homes are to the north of this proposed project and we would be in opposition of a repair shop at the base of the slope from our homes. This is extremely undesirable for many reasons to include, noise, pollution, unwanted blight in the form of unsightly vehicles etc. On Page 5; B, 3, M-Permitted uses of this site include; "collision repair as a supporting service to a sales dealership" What dealership will this repair shop be connected to? It appears clear that these areas are intended for car dealers and the collision/repair component is meant to go in conjunction with this and not independently. On Page 6; 11, C-It states; "out door use prohibited. All permitted uses shall be conducted within completely enclosed buildings except for automobile display, inventory parking, parking and loading facilities, dining." I would like to know how would a collision and repair shop be able to operate and conduct their business in an enclosed setting? My concerns would be that they won't be doing that and that their repair work will impede on the quality of life that we have in our residential community. 2020-07-28 Agenda Packet Page 547 of 711 On Page 8; V-Hours of operation for collision repair are 7:30 AM-6:00 PM Monday-Friday. There is no mention of weekends and I would like to know if this is in fact the case or subject to change? Thank-you for taking the time to answer my questions. Sincerely, Kerri Aviles April 28 at 9:26 AM Oscar Romero<oromero@chu1avistaca.gov> Hello Ms. Aviles, 1) This project is a permitted use, the discretionary permit under review 'is the Design of the building and site, not the use. This project will require a public hearing possibly on May 27 TH and will provide an opportunity for public input and consideration on this project. As for environmental review of this project, the site and the use have been reviewed and approved under Mitigated Negative Declaration IS-02-006. 2) The categories for uses are Automobile Sales, Automobile Inventory Parking, and Supporting Services which have specific permitted uses that are allowed and not dependent of the other. Under Supporting Services, ficollision repair" is a use that is permitted and not required to be part of a specific dealership but instead provides a Supportive Service to the Auto Park North area. 3) The proposed building will accommodate vehicle access and conduct all operations indoors. 4) The hours of operation proposed are consistent with those mentioned. Let me know if you have any other questions or if there was any confusion on behalf of the responses provided. Oscar Romero 2020-07-28 Agenda Packet, Page 548 of 711 May 26, 2020,, at 9:32 Kerri Aviles wrote: Good morning Mr. Romero and neighbors, As a reminder tomorrow is the meeting at 6:OOPM and I hope everyone in the community follows the progress and shares their concerns about the proposed building of another auto collision and repair shop at the base of the community. Per the Notice Of Public Hearing letter it states that if we want to submit comments in advance we can direct them to Mr. Romero. Mr. Romero will you be collecting and presenting the e-l"Ilails that have already been submitted to you? Neighbors if you want to submit comments during the meeting the letter directs you to go to https:Hchulavista.granicusideas.com/meetings I encourage everyone to share this within the community and send Mr. Romero your thoughts as well as participate in the meeting. Thank-you, Kerri Aviles From Oscar Romero <oromero chulavistac ov> To: 'Kerri Aviles' fiiaMW6" Cc: Mark Aviles ; Stan Donn <sdonn@chulavistaca.gov>; Sue Morassi jajooff�Raymond Estrada Alan Engelhorn Sent: Tuesday, May 26, 2020, 11:15:42 AM Subject: RE: Auto Collision and Repair Fa Hi Mrs. Aviles, Yes, I will provide the emails sent earlier to the Planning ommission as well as any new ones that mav come in. As a follow up, I have responded to the -questions and statements posed in the earlier email and provided here for your review May 27, 2020, 04:35:21 PM, Subject: Re: Auto Collision and Repair Facility Hello, before the meeting starts tonight, I am sending two photos and two short videos. The photos/videos are of the lots that will be directly next to the proposed site of the collision and repair shop. What I would like everyone to take note of is the fact that we consistently have noise generated from vehicles with the back up alarm, generators on and the lot that houses the delivery vans (which is empty at the moment because the vans are currently out on delivery) uses the car alarms for staff to locate the van they are assigned to. At any given time in the mornings, five plus alarms are going off. In addition to all of this, exhaust from these cars is choking our community out. We are strongly opposed to the consideration of this proposed 2020-07-28 Agenda Packet, Page 549 of 711 business. Thank you, Kerri Aviles Mav 27, 2020 at 7:41:34 PM To: Oscar Romero <oromero@chulavistaca.gov> Subject: Re: Auto Collision and Repair Facility Hello Mr. Romero, I must say how disappointing it was to watch this meeting proceed with several facts missing. I'm a believer in true transparency and noted information withheld in particular it was not noted that their IS a very loud and busy business East of this lot when is evidenced by the video I submitted to you yet never discussed during the meeting. Additionally, while all of you suffered from technical difficulties the public was jumping through hoops trying to get comments submitted and calls logged. I've documented the outcome, the ayes, the business hours promised as well as all of the efforts that will go into place to ensure there is no noise and that "large trees are planted" to assist as a buffer I will forward the information on to he Home Owners Association as well as the management company so that they can remain involved and follow the progress and assist in assuring there is accountability. Kerri Aviles Sent: Tuesday, June 16, 2020 11:11 AM To: Stan Donn; Oscar Romero Cc: avileston����� Subject: Requesting a copy of the CEQA and slide show presentation from 5/27/20 Good morning, An appeal has been submitted on behalf of the Robinhood Hood Point home owners that will be directly impacted by the proposed building of the Auto Collision and Repair Facility located at 1880 Auto Park Place, Chula Vista CA. We are requesting a copy of the slide show presentation that was provided for the six Commissioners to view at the meeting on 5/27/20. Additionally, we are requesting a copy of the California Environmental Quality Act (CEQA) and need to know the date of when this was conducted. Thank-you, Kerri Aviles Robinhood Point Home Owner 2020-07-28 Agenda Packet, Page 550 of 711 Good morning Ms.Aviles, Please submit a public records request for the slide show and Mitigated Negative Declaration (IS-02-006). The link for the request is provided here, https://www.chulavistaca.gov/departmeiits/city-clerk/public- records. If there are any other questions, please let me know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 oromero@chulavistaca.gov 2020-07-28 Agenda Packet Page 551 of 711 E-mail correspondence with Kelly Broughton, Director Development Services From: Aviles, Kerri Sent: Thursday, June 11, 2020 11:54 AM To: Kelly Broughton <kbroughton@chulavistac > Subject: Planning commission Hello, I am looking to obtain the name, phone number and e-mail for the City Manager and the Director for the planning commission. Thank-you Kerri Aviles From: Kelly Broughton <kbroughton@,chulavistaca.gov> Sent: Thursday, June 11, 2020 12:31 PM To: Aviles, Kerri Subject: RE: Planning commission Kerri, The current City Manager is Gary Halbert, his office number is (619) 691-5031, his email address isG Hal bert(a),ch u lavistaca. There is no Director for the City's Planning Commission. The Chair of the Commission is Gabe Gutierrez. We do not provide individual contact information of members of City Boards and Commissions. You may direct correspondence to the Planning Commission Secretary, Patricia Salvacion at her email address psalvacion@chulavistaca and she can transmit that to the Commission. Kelly Broughton, Director Development Services City of Chula Vista From: Aviles, Kerri Sent: Thursday, June 11, 2020 1:13 PM To: Kelly Broughton <kbroughton@chulavistac > Subject: RE: Planning commission 2020-07-28 Agenda Packet, Page 552 of 711 Hello, Thank-you for your assistance. On 5/28/20 1 did log into the City of CV portal and submitted an e-mail to address the commissioners and have never heard back. I need to escalate an urgent concern and will reach out to the City Attorney who was a part of the hearing but wanted to double check who the City Manager was. Thank-you so much! From: Kelly Broughton <kbrougj2tone- ulavistaca.gov> Sent: Thursdav, June 11, 2020 1:25 PM To: Aviles, Keri Subject: RE: Planning commission You are welcome. I will inquire into your comment submitted on 5/28/20. Kelly Broughton, Director Development Services City of Chula Vista From: Kelly Broughton <kbroughton(cD-chulavistaca.gov> Sent: Thursday. June I Ie 2020 2:31 PM To: Aviles, Ken Subject: RE: Planning commission Kerri, Staff was able to locate the below web notification submission sent to the attention of the City Council's office. If this is the correspondence you are referring to, let me try and respond. The Public Notice that was provided for the Planning Commission hearing provides two ways to submit information to be provided to, and considered by the Commission. The first way outlined in the Public Notice is "...before the agenda is published, please contact the Project Manager, Oscar Romero atoromero@chulavistaca.gov.....'I The second way provided in the Public Notice is"...must be received in the Development Services Department, no later than 5 p.m. the day before consideration...." Pursuant to City email records, your files provided to Mr. Romero were submitted at 4:35 p.m. on the day of the Public Hearing, thereby not meeting either of the above two Public Notice requirements to submit information for consideration by the Commission. 2020-07-28 Agenda Packet Page 553 of 711 Kelly Broughton, Director Development Services City of Chula Vista To: Kelly Broughton <kbroughton@chulavistac > Cc: Kerri Aviles Sent: Thu rsday, J u ne 11. 2020, 02:54:38 PM Subject: RE: Planning commission Yes this is correct. Prior to the hearing, I took two photos and short video clips of the businesses to the East and West of this proposed lot. I wanted it known that there are currently two businesses that house approximately 100-130 vehicles that come and go all day. One lot is used for Amazon delivery and the other has fork lifts and crane type vehicles. Both create a lot of noise, pollution and environmental impact to us. During the hearing, the slide show that was shared with the commissioners omitted these facts and obscured the two current businesses from viewing and this information was never provided. Now a wrecking yard also known as the vehicle collision and automotive repair facility plans to build and operate at the base of my home. We are already choked out from all of the current business activity and are very displeased at the lack of transparency with this hearing and the withholding of pertinent information. I submitted a request yesterday to appeal the decision. After my submission I was contacted and told, "make a check payable to the City of Chula Vista for$250 and mail it to the attention of Oscar Romero." The SAME Oscar Romero who presented before the commissioners at this hearing and willfully omitted pertinent information. I would like to make contact with the City Attorney Michael McDonnel, City Manager Gary Halbert, the six commissioners who were present and whomever oversees the Planning Department. This can not be brushed aside and must be addressed. I am adding my personal email here for future correspondence and really appreciate your assistance. Thank-you! Kerri 2020-07-28 Agenda Packet, Page 554 of 711 From: Kerri Aviles Sent: Friday. June 12, 2020 9:22 AM To: Kelly Broughton <kbroughton@chulavistaca.gov> Cc: avilestony@yahoo.com Subject: Fw: Planning commission/correspondance with O.R. Good morning, I wanted to share some additional information with you. On 4/25/20, 1 sent Oscar Romero an e-mail stating that we were not in agreement with the proposed business coming in and being built at the base of my home. Other neighbors also reached out. Sue Morassi and Raymond Estrada, there should be e-mails from them as well. On 4/27/20, Oscar Romero responded and citing was the zoning codes for that area are and I was concerned with his response. I responded back to him and cited information related to those specific zoning codes letting him know this type of business does not meet the requirements. Mr. Romero stated that Auto Park North Specific Plan trumps the zoning codes and that this business does meet the criteria. On 5/26/20, 1 e-mailed Oscar Romero again stating our opposition to this proposed business. I will add that with each of his responses, my concern grew and I did not feel he had the interest of the citizens. This began feeling like a business opportunity that was going to get pushed through regardless. Additionally, I have never been a part of a Planning Commission Hearing before and was trying to convey my message to him repeatedly prior to the start of the hearing. There were others who were also reaching out and sending him e-mails. On the day of the hearing, 5/27/20, 1 sent a final e-mail with the photos and short video clips for Oscar Romero to view. I wanted to make sure he had clear information about what he was going to present and that there would be no question about the already existing business located here. I had no idea that he was going to present a slide show for the commissioners and City Attorney to view and would willfully omit the two business that currently exist. There are a total of four parcels below and next to my home. Two already have businesses located on them with over 100 cars. These two existing business were not shown or discussed. It is not my job to make sure that Oscar Romero is doing his job yet I had concerns based on how this was looking that the information was going to be omitted. The Notice of Hearing that was sent to me states that a CEQA was completed. When was this done? Was the CEQA done since the existence of the current businesses that are there or prior to that? Its important to know what the environmental impact is and the impact will be very different if we are comparing open fields or parcels that currently have businesses on them with over 100 vehicles. 2020-07-28 Agenda Packet Page 555 of 711 In summary, yes my photos and video arrived after the cut off point but 1.5 hours prior to the hearing. However, we should not even have to be relying on them as Oscar Romero should have had the same information that I provided. He was able to come to my front yard and stand there and take pictures for his slide show yet fail to share that there were already existing business in place. Additionally I should not be asked to pay a fee to appeal a decision that was made by commissioners in which very pertinent information was willfully omitted. The commissioners admitted during the hearing that they had NOT even read the City of Chula Vista Auto Park North Specific Plan consisting of 13 pages yet I had and I asked very specific questions related to this plan that only Oscar Romero was able to answer. We are currently on the 12th business day post the decision being made and my appeal was submitted on the 1 Oth business day which is in accordance to what the Notice of Public Hearing states. The Notice also states to pay a "required fee" however no amount is listed and I was told from the City Counsels office that the fee is $250.00. 1 am asking that this fee be waived at this time due to the lack of transparency and insufficient information provided by City Planner, Oscar Romero to the six commissioners and City Attorney at the Hearing on 527/2020. 1 look forward to hearing back and moving my concern along. Thank-you for your time, Kerri Aviles RE: Planning commission/correspondance with O.R. Jun 12 at 12:32 PM PrintRaw message Kelly Broughton <kbroughton@chulavistaca.gov> To: Kerri Aviles <mangosmama@yahoo.com> Good afternoon Mrs. Aviles, 2020-07-28 Agenda Packet Page 556 of 711 Unfortunately the appeal fee cannot be waived. It is a requirement to have a valid appeal and unless received by the City by 6/19/2020, the appeal will be considered invalid. The matters you raise in your email will have to be addressed through the appeal hearing process should you decide to proceed. Kelly Broughton, Director Development Services City of Chula Vista 2020-07-28 Agenda Packet, Page 557 of 711 Emall correspondence with Senior Aide to Stephen Padilla, Tony Cruz Sent: Thursday, May 28, 2020, 08:58:20 AM Subject: City of Chula Vista: Contact Us -Web Notification for Councilmember Padilla Form Name: Councilmember Padilla Date & Time: 05/28/2020 8:58 AM Response#: 156 Submitter ID: 77544 IP address: 2600-.1700:e9aO:e6O:20fl:fd3f:9f2d:8df Time to complete: 7 min. 16 sec. Survey Details Pagel Please feel free to contact us with any comments or questions by filling out the form below. First Name Kerri Last Name Aviles Email Address Comments Hello, myself and several other residents attempted to participate in a Planning Commission Meeting yesterday, 5/27/20. Prior to the meeting I had been corresponding with Oscar Romero Associate Planner with the City. I had provided him with video footage and photos of business surrounding the proposed site where a new business is set to be implemented. My home is directly above the site of these industrial businesses and the information I provided was withheld from the meeting. Mr Romero provided partial facts for the commissioners to vote on and do to the technical difficulties on part of the City, people were having a hard time providing comments. We were given approximately 5 minutes to call in and state concerns. Mr. Romero submitted a slide show and omitted the two neighboring business that surround the proposed site. I had submitted photos and videos of these two business so that the commissioners could have full transparency when voting. This meeting was conducted in a fraudulent fashion and I am asking that the information I provided and was told would be presented be viewed and considered at this time. Thank-you Kerri Aviles Thank you, City of Chula Vista From: Tony Cruz <ic.lruz -Dcl-nilavistaca aoy> 2020-07-28 Agenda Packet, Page 558 of 711 To: Sent: Thursday May 2L8, 2020"09:0111 AM Subject: RE: City of Chula Vista: Contact Us - Web Notification for Councilmember Padilla Hello, Thank you so much for making Councilmember Padilla aware of this event. I am forwarding this immediately to our City Clerk for assistance to ensure all materials are properly received. Hope you and your loved ones are staying safe. Tony Cruz Senior Council Aide Office of Councilmember Stephen C. Padilla City of Chula Vista 1276 Fourth Avenue Chula Vista, CA 91910 Tel (619) 691-5044 1 Fax (619) 476-5379 From: Kern Aviles < Sent: Monday, June 8 2020 10:52 PM To,: Tony Cruz <tcruzPchu1avistaca.gpv> Subject: Re: City of Chula Vista: Contact Us -Web Notification for Councilmember Padilla Hello, I am following up with this. Thank you Kerri Aviles From: Tony Cruz <tcruzachulavista > Q ca,,.,g,o,v To.- Kerri Aviles Sent: TuesgAY.LJune 9 2020,1 1�1:42;28 AM Subject: RE: City of Chula Vista: Contact Us -Web Notification for Councilmember Padilla Hello Ms. Aviles, The City Clerk informed me that the Planning Commission secretary confirmed that the emails received had been forwarded to the Commission. She also indicated that the Chair extended the public hearing an additional two minutes to assist with the submittal of comments. Additionally, they provided the Development Director's e-mail address who received one email during the meeting, which was shared with the commission. 2020-07-28 Agenda Packet, Page 559 of 711 I am happy to inquire further if you have any more specific questions. Let me know. Thanks! Tony Cruz Senior Council Aide Office of Councilmember Stephen C. Padilla City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Tel (619) 691-5044 Fax (619) 476-5379 From: Kerri Aviles 'a Sent,- Wednesday 0 _,,,,,Ju e,,,,1,0,,,2020 9.-42 AM To- Tony Cruz <tcruz chulavistaca.cov> Subject,-, Fwd: Auto Collision and Repair Facility/photo of the business that was omitted Mr. Cruz, this photo was taken from my back yard. Thank-you Please see attached photo. 0 n J u n I rote: Hi again, Per our city staff, you can file an appeal to the City Council if you disagreed with the decision made. Please see the attached form with the requirements. Thank you. Tony Cruz Senior Council Aide Office of Councilmember Stephen C. Padilla City of Chula Vista 1276 Fourth Avenue Chula Vista, CA 91910 Tel (619) 691-5044 1 Fax (619) 476-5379 From-. Kerri Aviles ...................................................... Sent: Wednesday, June_,J,0,,_2020 2:54 PM To-. Tony Cruz <!crUZ�C_Dchulavistac > 1a) ta�a�, o�v ..�nu�i �i Sub ect- Re: Auto Collision and Repair Facility/photo of the business that was omitted Will do, I'm sorry I don't the attachment. Do you mind resending it please? Thank you 2020-07-28 Agenda Packet, Page 560 of 711 Kerri Aviles On Jun 10, 2021D at 2-654 P Of course. Here it is. Tony From-. Kerri Aviles Sen!,.- Wednesday, June 10,2020 41-133 PM ......................... To-. Tony Cruz <cruzQc,h,,u,lavi,stagj,,qov> Subject,.- Re: Auto Collision and Repair Facility/photo of the business that was omitted Thank you so much. I filled it out and returned it to you. Please let me know who else it should go to. I'm meeting with the home owners association tonight at 6-00 and will provide an update letting them know an appeal has been submitted and a hearing will be scheduled within 30 days. Thanks again, Kerri Aviles On Jun 10, 2020,_,,at_7,.-43 PM, Tony Cruz <cruz(@qhuIavistagg.gov> wrote: Hello, The Director of Development informed me that they will consider the appeal submitted. You just need to get a check made payable to the City of Chula Vista for$250.00 which is the appeal application fee. You can mail it to the attention of Oscar Romero, Development Services 276 Fourth Avenue, Chula Vista, CA 91910. He needs to get it before an appeal hearing can be scheduled. Thank you, Tony Cruz Senior Council Aide 2020-07-28 Agenda Packet, Page 561 of 711 uffice of Councilmernber Stephen C. Padilla City of Chula Vista 1276 Fourth Avenue Chula Vista, CA 91910 Tel (619) 691-5044 1 Fax (619) 476-5379 tcru chulavista V faicebo!(,)k.c:om/StevePadillaChulaVistaci,,ty ouncil From- Kerri Aviles To-. Tony Cruz <tcruz(a-)_chulavistacg.gov> Cc-. Mark Aviles Sent: WednesdayJune 10, 202OL-09-381-01 PM Subject,-. Re: Auto Collision and Repair Facility/photo of the business that was omitted Ok I didn't see anywhere on the paperwork that there is a fee requirement? F, So essentially the citizens are required to pay in order to hold our city staff accountable? This has to be the most ludicrous thing I have encountered. Oscar Romero, the same man who misrepresented the facts repeatedly and then withheld the information I submitted is now supposed to receive funds from me in order to have this appealed? Something is very wrong here. Homeowners were given four minutes to try and get their concerns presented at a hearing in which the commissioners themselves stated they had not read the information and were basing their decision on what Oscar Romero provided. It appears you may not be the correct person I should be reaching out to. I will continue working my way up the chain, will speak with each commissioner, will contact the media and will make it very clear that the City does NOT have the best interest of its citizens and is working with minimal and misrepresented facts when making decisions that could have significant impact on our livelihood. If you have other suggestions on how to address besides paying Oscar Romero fees to do his job correctly the first time feel free to let me know. If not, I will continue reaching out to others tomorrow. Best to you, Kerri Aviles 2020-07-28 Agenda Packet, Page 562 of 711 2020-07-28 Agenda Packet, Page 563 of 711 Amhwwm�AML EA lot ut fink A&Ad&,ANk Ak Ak, "RU Wriul C,� IL A 'w uj ""0 ro//4,40 .20 Aft a Arj Ij"I 7 m AW k"O, ,P F d� OL ........... age 564 of 711 "no 11", 0� AAlo Ph, S�51 411P 411 All 2020-07-28 Agenda Packet Page 565 of 711 'a, IML dik .............. ............................. "Al M�01 tp ral 1111P ............. 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TVT I''' 2020-07-28 Age;Ud�a-"MP'f- Page 578 h= Je: p r n.- t o P e :n -.0.p:-Mve n-t.'P r.o,c e s ng D e"':v e P I On.n:l.:n q :D.1:v:I 10.:n, .................. --i---M! . ......... ...... ........ ................. -C"t4.A-.:VtS.TA- APPLICATIOR: APPENDIX 8- D f '+,sc:losure ':S-t.a.,te:m':.e.:nt Ra 9;e I - ----------- .. .. ................................................. 0 wl 4bom!0rother. - I t C H as a ny person 1-deq-tifi 2,Nii,3.d 'O.r,4 P'NO m a 4e:a:ca mpalory co m t 6.butl b n of:m o�o:t h a n.S-.2 SO'..wfthl-ii. t�e_p -a Ouap t. -fl-O-.n:,. _�G_ Y, _N_O-.�,I..... ic.u r r e mi t,m. ts m.b er df the City of C: U a:V r. es If-yes W'h!:lC'h:c6v:ftC0 M..embe,r? ..... ............. ...... .................... ................. Atr projed.. H a s-a n Y P e r s o n:*ldodfi od i A 1 2,s'1,--o r 4 ab-ove,:or:oth e rw"tse:;4 cl a te d It fbi' Olt Y. ... 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If ye s�--w h 10-affic la-l!* and t h e na tu rip:.of-th e:1 W.m:p rovidgO I ............ ...... .....7h.. ............ ......................................................... .................. +b !.601,H� ............. . .............. .. ----- ........ 56 i i i i i i i iq O�0 6�i 5 E i 66661.i ............ Dale 1p- Aw...11 q............................... v 'K re-ol. .Qn tra Or/App.. a ---------------------- P.-H ii-)t-or-type,na Cb m t ract o-O.A. 'tic-ant. me.0 -PP Person-j's identified as..,q-any in..-dfv'l.d.uA4 firm. '.C.o--partne'fl.'filp,." W -Y Y`Ot-.0 uAt -it it A yn. 4�'Wl, r;0 t h.-.0 r lkfokub-dl 'i n V 9.1 66�:Ot:44Y--Ot h er:q' ro up--or:c Q M.- I 6at'id-M, ..&C.V ng a S:a:-u -rqem bet,Platym :officfal-ind udes,:but Is.:not-1 i m lted.tai Mayor.�,tpumgll I M. M,MY ls.slow or C.0 mm.-,Rtee of t'h.e,01 ty.,a nd-Oty 6 M. , ThfsAlsirc 10 S jj f..0.kato Me n-t m u S't b-e w m- leted:at the.-time-th e p.rqj iect-a p p I I' aitlq n-:0 r.-:Co 'tract-!�Sr-Su b m-3 tt.ed P X. j g 4. k:p ]� to:Clty!SAa'--ff for 0--rucessing,and-opO-a-ted.wfthJn:Qne:wee Y Y V: 49)6 1`51 1- :(6: -'9-A.-- $60 -.h:u;l a VJ s-t a Italifurnle rth-,Avenue- C 2020-07-28 Ag e Page 579 ACCESSIBILITY INFO: PROJECT INFO: ACCESSIBLE PATH OF TRAVEL TO ALL BLJILDINC75 FACILITIES, SITE: ELEMENTS AND SPACES THAT ARE ON THE SAME SITE.ALL 1880 AUTO PARK PLACE PARKING,RAMPS,ViALK5,ENTRANCE,PATH OF TRAVEL ETC. CHULA VISTA,CA ARE ACCESSIBLE AND ARE SUBJECT TO FIELD VERIFICATIONS. OWNER: 1. DOORS SHALL HAVE A CLEAR OPENING OF NOT LESS THAN 32" WHEN OPEN AND SHALL BE OPERABLE BY A SINGLE EFFORT. 2. THE FLOOR OR LANDING ON EACH SIDE OF AN EXIT DOOR SHALL STEVE DOSE Ln BE LEVEL AND CLEAR.THE LEVEL AREA WILL HAVE A LENGTH IN THE 215 DENNY WAY DIRECTION OF THE DOOR SWING OF AT LEAST 60 INCHES AND A EL CAJON,CA 92020 LENGTH OPPOSITE OF 44"AS MEASURED AT RIGHT ANGLES TO THE 619-449-3835 PLANE OF THE DOOR IN A CLOSED POSITION. DESIGNER: 3. THE WIDTH OFTHE LEVELAREA ON THE SIDE TO WHICH THE I'm DOOR SWINGS WILL EXTEND 24"PAST THE STRIKE EDGE OF THE JON HURLEY BUILDING DESIGN LLC DOOR FOR EXTERIOR DOORS AND 18"PAST THE STRIKE EDGE OF ALL 14583 CHERRY ST. INTERIOR DOORS. BRIGHTON,CO 80602 4. HAND ACTIVATED DOOR OPENING HARDWARE SHALL BE 619-248-2673 >-, CENTERED BETWEEN 30"AND 44"ABOVE THE FLOOR.LATCHING AND LOCKING DOORS WILL BE OPERABLE WITH A SINGLE EFFORT BY LEVER TYPE HARDWARE,BY PANIC BARS OR PUSH PULL ACTIVATING CIVIL ENGINEER: BARS,LOCKED EXIT DOORS SHALL OPERATE AS ABOVE IN EGRESS LANDMARK CONSULTANTING C\l DIRECTION. 9555 GENESEE AVE.STE.200 0 5. THE BOTTOM 10"OF ALL DOORS EXCEPT AUTOMATIC AND SAN DIEGO,CA 92121 4 -V- SLIDING WILL HAVE A SMOOTH UNINTERRUPTED SURFACE TO ALLOW 858-587-8070 cc 0 THE DOORS TO BE OPENED BY A WHEELCHAIR FOOTREST WITHOUT 0 CREATING A TRIP OR HAZARDOUS CONDITION WHERE NARROW LANDSCAPE DESIGN: FRAME DOORS ARE USED,A 10-HIGH SMOOTH PANEL SHALL BE S.R.CLARKE INSTALLED ON THE PUSH SIDE OF THE DOOR,WHICH SHALL ALLOW 110 COPPERWOOD WAY STE.P THE DOOR TO BE OPENED BY A WHEELCHAIR FOOTREST WITHOUT OCEANSIDE,CA 92058 CREATING A TRIP HAZARDOUS CONDITION. 760-716-3100 6. THRESHOLDS SHALL NOT EXCEED 1/2"IN TOTAL HEIGHT. OWNER BUILDER VERTICAL FACES NOT EXCEED 1/2".CHANGE IN LEVEL BETWEEN 1/4" AND 1/2"WILL BE BEVELED WITH A SLOPE NO GRATER THAN 1/2" PROJECT INFO: SHALL BE ACCOMPLISHED BY MEANS OF A RAMP. 7. MAXIMUM EFFORT TO OPERATE DOORS SHALL NOT EXCEED 8.5 PROPOSED NEW AUTO REPAIR FACILITY POUNDS FOR EXTERIOR DOORS AND 5 POUNDS FOR INTERIOR DOORS,SUCH PUSH OR PULL EFFORT BEING APPLIED AT RIGHT COLLISION REPAIR-1.17,450 SQ.FT. AUTO REPAIR FACILITY-2.6,186 SQ.FT. ANGLES TO HINGED DOORS AND AT CENTER PLANE OF SLIDING OR FOLDING DOORS. TOTAL BUILDING 23,636 SQ.FT. 8. ALL WALKS OR AREAS ADJACENT TO EACH ACCESS DOOR SHALL < HAVE A LEVEL AREA NOT LESS THAN 60"x 60"WITH AT LEAST 24" -1 ul COVERED ENTRY 4,185 SQ.FT. IL Lu WIDE LEVEL AREA EXTENDING TO THE STRIKE SIDE OF THE DOOR. tu 9. ALL EXTERIOR TRAFFIC(PEDESTRIAN AND/OR VEHICULAR) v m tu LANDINFO: 43 r--1 r7(3 SURFACES SHALL HAVE A SLIP RESISTANT FINISH. z LL lz 10. ALL ACCESSIBLE BUILDING ENTRANCES SHALL DISPLAY THE Lu r--1) 2.166 ACRES INTERNATIONAL SYMBOL OF ACCESSIBILITY. d) 11. ROOM IDENTIFICATION SIGNAGE SHALL INCLUDE RAISED 94,378.205 SQ.FT. tu Ln --1 d3 LETTERS AND BRAILLE IN CONFORMANCE WITH THE TITLE 24 tu c'D TOTAL LOT BUILDING COVERAGE 27,810 SQ.FT. 113-1 SECTION 11178.5.6.3. TOTAL F.A.R.0.29% 6 RESTROOM NOTES: 1. MEN'S AND V40MEN'S OEOMETRIC IDENTIFICATION SYMBOLS SET BACKS: SHALL BE PLACED ON DOORS TO SANITARY FACILITIES. FRONT 40'-0" 2. TOILET ROOM GRAB BARS SHALL BE PROVIDED AT 33"A.F.F. SIDE 20'-0" AND SHALL BE PARALLEL TO THE FLOOR. REAR 20'-0" < 3. VqHEN PROVIDED,ALL OPENABLE PARTS OF AT LEAST ONE U- TOV'4151-,SANITARY NAPKIN DISPENSER,VIA5TE RECEPTACLE OR LEGAL: LU 51MILAR FIXTURE SHALL BE LOCATED VqITHIN 40 INCHES FROM Lu THE FLOOR. PARCEL 3,PARCEL MAP 19,306 4. TOILET T15SUE DISPENSERS SHALL BE LOCATED ON THE VqALL V41THIN 12"OF THE FRONT EDGE OF THE OF THE TOILET. A.P.N. N 5. MORROR5 IN TOILET ROOMS SHALL BE MOUNTED VqITH THE BOTTOM EDGE NO HIGHER THEN 40"A.F.F. 644-041-44 6. THE HEIGHT OFYqATERCL05ET5 SHALL BEATA MAXOF lq" < Lu AND A MIN OF 11"A.F.F.TO THE TOP OF THE SEAT. CONSTRUCTION TYPE: 1. LAVATORIE55HALLBF-MOUNTF-DYqITHArLEARANrF-OF2cl" C, > FORM THE FIN.FL.TO THE APRON.HOT kNATER AND DRAIN VB FULLY SPRINKLERED Lu Lu LINES SHALL BE INSTANTIATED OR OTHERYqI5E COVERED. CHAPTER 5 CBC TABLE 506.2 ALLOW AREA PER TABLE FOR b. FAUCET CONTROLS AND OPERATING MECHANISMS SHALL OCCUPANCY'S-l'FULLY SPRINKLERED IS 36,000 SQ.FT. BE OPENABLE V41TH ONE HAND AND SHALL NOT REQUIRE TIGHT PROPOSED TOTAL BUILDING AREA 23,625 SQ.FT. GRASPING,PINCHING OR TY415TIN6 OF THE YqR15T. a-< SINGLE STORY SPRAY BOOTH DRY SUPPRESSION LL OCCUPANCY: tu OL 'B'OFFICE,LOCKER,RESTROOM. S-1 COLLISION REPAIR FACILITY CL S-1 AUTO REPAIR FACILITY CODE INFO: HOURS OF OPERATION E THIS PROJECT SHALL CONFORM TO THE FOLLOWING BUILDING CODES: 7:30 AM TO 6:00 PM MONDAY THROUGH FRIDAY 2016 CALIFORNIA BUILDING CODE(CBC) Z 2016 CALIFORNIA MECHANICAL CODE(CMC) 2016 CALIFORNIA PLUMBING CODE(CPC) 2016 CALIFORNIA ELECTRICAL CODE(EC) 2016 CALIFORNIA FIRE CODE(CFC) VICINITY MAP: 2016 CALIFORNIA GREEN BUILDING STANDARDS CODE(CALGREEN) Lu 2016 CALIFORNIA ENERGY CODE TITLE 24 2016 CALIF.BUILDING ENERGY EFFICIENCY STANDARDS(CBEES) Lu cl E AS ADOPTED AND AMENDED BY THE STATE OF CALIFORNIA AND THE CITY SITE I CHULA VISTA x Lu AUTO PARK PL. aci SHEETINDEX: 0 z Lu z cl Ln Z a. in A-1 PROJECTINFO Z A-2 PLOT PLAN A-3 FLOOR PLAN z n' A-4 NORTH ELEVATION.EAST ELEVATION 0 A-5 SOUTH ELEVATION,WEST ELEVATION A-6 ACCESSIBILITY DETAILS A-7 TRASH ENCLOSURE PLAN,RETAINING WALL DETAILS A-8 LANDSCAPE PLAN A-9 RETAINING WALL ELEVATIONS,FRONT FENCE DETAIL FA-1 FIRE ACCESS PLAN 1 OF 1 Lo C-1 SITE SECTION PLAN uj C-2 GRADING PLAN T-1 TOPO MAP U) SDLA 1 OF 1 SITE LIGHTING PLAN m uj F- z A-1 OF 13 2020-07-217PT,Z�Tf4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBIL!ITY FOR ANY JOB COS-MqYOOMTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. PROP Xv ::I��I: P/L 2�g.31' PROP.LINE PARKING INFO: PROPOSED LANDSCAPING——- PROPOSED LANDSCAPING P/L PROPOSED LANDSCAPING — __ LU PARKING SPACES: 0 z'_= 232 - ----------- SB E,L ao SPACES REQUIRE @ 1:400 SQ.FT.OF BUILDING I L _EiBLL_ -op'Z__B L /L� -------------- L 23,636/400=59.09 SPACES REQUIRED uus� 7= 56 STANDARD SPACES PROVIDE YARD-BINS 4 Do a- 5 COMPACT SPACES PROVIDE —0 < —PROPOSE 61-TOTAL PARKING SPACES PROVIDED -w_: A8 A ------ __Y, E R __PROPOSEB-LANDSCA Z20 < STANDARD PARKING SPACES 9'x 19' 1_5 ...... COMPACT PARKING SPACES T-6" STERTOM=C111CH111A VAN ACCESSIBLE PARKING SPACES 12'x 18'W/5'x 19'ACCESS ISLE L-K TAN RD fTAWWd*AL"TWW R WAY lim 17, 20. 21. _�2__ 24. 36 STANDARD ACCESSIBLE PARKING SPACE 9'xl 8'W/5'x 19' _T Mal LE_ ACCESSIBLE WAY LOD 4TI HGHTIXF�_ --La QCTION SPKESFlvv7L�_y rR crYl III SCREEN—FRO—NT, _:F ER I T ------- ;# 1-VAN ACCESSIBLE PARKING SPACES PROVIDED ------ 2-STANDARD ACCESSIBLE PARKING SPACES PROVIDED CONGRErE-T—DBE DRIVEN OVER=TRASH AND CO 38, 4-COMPACT PARKING SPACES PROVIDED Cf I I RECYCLING, 2 EMNEIII�OIEOGIHT ONE W Y 53-STANDARD PARKING SPACES PROVIDED LETIPLE WEEKLY TRIPS BY P TRAFFIC PATTERN TRAFFIC PATTERN LOADEDTRUCKS TRA ,40 PATTERN 39 ACCESSIBLE PATH OF TRAVEL TO BE 6-13"WIDE 0 PROP SED CONCRETE PARKING AREA&DRIVEWAY 40, 14 REMOVE 0 NO INTEGRAL COLOR� CONC r 0 PAD to 0 (TYPICAL) 41, LIGHT POLE -0" RETAINING WALLS TO BE KEYSTONE STANDARD WALL SYSTEM(TAN IN COLOR) LOCATIO 41 -4 D YP CA6� ACCESS OR I L L CATION 135' T, 03 E>o<F.H. L u) 43 FIRE NOTES: 77 15, A PAT FIRE APPARATUS ACCESS ROADS SHALL BE MARKED AS FIRE LANES IN ACCORDANCE CVFD OF TR VEL 'STANDARDS. PR POSE C NCRETF_PAR 3 2. AUTOMATIC GATES SHALL BE PROVIDED WITH BOTH AN OPTICOM DETECTION SYSTEM AND A KNOX KEY z ACCE D R �A EA&DF�IVEWAY m SWITCH OVERRIDE.PROVISIONS SHALL BE TAKEN TO OPERATE THE GATE UPON POWER LOSS. Fe �L CO�013'1 co 45. lu 3. BUILDINGS SHALL BE PROVIDED WITH KNOX APPLIANCES. EL PROVIDE A KNOX VAULT AT THE MAIN ENTRANCE TO THE BUILDING ENTILA PROVIDE KNOX BOX AT THE FIRE CONTROL ROOM Do < z DR 4 BUILDINGS SHALL BE ADDRESSED IN ACCORDANCE WITH THE FOLLOWING CRITERIA: lu r_ Lu %J) A 0-50'FROM THE BUILDING TO THE FACE OF CURB=6"IN HEIGHT W/A 1"STROKE V< tu 7-,r J) B.'51--150'FROM THE BUILDING TO THE FACE OF CURB=10"IN HEIGHT W/A 1-1/2"STROKE. m tu 22-SPiCES C.151'FROM THE BUILDING TO THE FACE OF THE CURB=16"IN HEIGHT W/A 2"STROKE r--1 r7(3 z IL 48. A 0 FAI cy)� 5. THIS PROJECT SHALL BE PROTECTED THROUGHOUT BYAN APPROVED AUTOMATIC FIRE SPRINKLER 9 Lu F ILI SYSTEM PURSUANT TO SECTION 903.3.1.1(NFPA 13)THIS WILL BE A DEFERRED SUBMITTAL DIRECT- TO CL c6 49. THE CVFD FIRE PREVENTION DIVISION LOCATED AT 276 FOURTH AVE.BLDG C B-143 CHULA VISTA, tu __l 0 cz tu cy) 91910 �J c) I-_ lz-1 A C U) PACE 6. A FIRE CONTROL ROOM DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH CVFD STANDARD DETAIL ITY'ICAL�) IL C C -4" LLE,I)E I SHALL BE PROVIDE THAT HAS A DOOR DIRECTLY ACCESSIBLE FROM THE EXTERIOR OF THE BUILDING.THIS L151 R Al rl 1 50 5(6.F 24' U) 0� ROOM WILL HOUSE THE FIRE SPRINKLER SYSTEM,RISER AND THE FIRE ALARM CONTROL PANEL ONLY. 1-4 51 7 THIS PROJECT SHALL BE PROTECTED THROUGHOUT BY AN APPROVED ALARM SYSTEM.THIS WILL BE A TE DEFERRED SUBMITTAL DIRECTLY TO THE CVFD FIRE PREVENTION DIVISION LOCATED AT 276 FOURTH AVE. r_ PROPOSED CON _j PARKING AREA& 52. PROPOSED CONIC. —----- DRIVEWAY BLDG C B-143 CHULA VISTA,CA 91910 -—-—-—-- CGESS OR NO INTEGRAL COLOR") 8. THE SPRAY BOOTH SHALL BE PROTECTED BY AN APPROVED FIRE SUPPRESSION SYSTEM.THIS WILL BE WALKWAY Go A DEFERRED SUBMITTAL DIRECTLY TO THE CVFD FIRE PREVENTION DIVISION LOCATED AT 276 FOURTH AVE. < ICA'l 4"u) 53L (BROOM FINISH) LIG LF 5'- [L 1:2..21.L Nk, BLDG C B-143 CHULA VISTA,CA 91910 P POSED Lu C ESSIBLE 54, Lu TRAVEL ED ED A SS DO- IL G L < 56. Lu z 4. -MI—T 57 > ""'T ELI _j Lu 0, 0', u) -T 0 [L 2. 0 GESS 00 FLI I fTYP CAL < 6-4- LIGHT LOCATIO )u 2-1" LL c� U) 161-9" 03 (TYPIC 135'-0" —47'-I� Ll H _LllNE_OF FIRE LAN LOCATION ———————— LINE OF FIRE LANE —————— LINE RE LANE PROPSED CONIC. ONE WAY GN— H it tu z TRAF11C PATTERN PFIC PATTERN R AT -1 OL WALKWAY COVERED ENTRY4,185-SQ. __1111I (BROOM FINISH) M) CL 04-- PROPO ED CONCRET ARKING AREA&DRIVEWAY- --- I"____ NO INTEGRAL —f3 5.7ff R D� 2 R ft& F_K ING_ >0< H EXIST!G CONIC ETE DRIVEWAY XISTING CONCRETE RIVEWAY LOT,' I Lu Lu z _j LU vj E IIL (E) E ROI cl Ln Gb� Ln—-----—-------- W,ML IQ) 5 T-- QLI W.M. ------------------—------ CID PLOT PLAN AUTO PARK PLACE SCALE 1"=20'-0" A-2 OF 13 2020-07-217PT,z�Tf4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBILITY FOR ANY JOB COS-M�bbomTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. ACCESSIBLE E3Q. LANDING ACCESSIB E- -3 3' 31 LANDING 29'-4'— V2' 31 22' 3' 22' 31 1, 22' 31 -21' 2'-9'T3- 3 Ll FOR WINDOW WONT AND 1ORWINIOWCOINTAll SIZE SEE ELEVATIONS ROLL-UP DOOR FOR VEHICLE ACCESS ROLL-UP DOOR FOR VE ROLL-UP DOOR FOR VEHICLE ACCESS ROLL-UP DOOR FOR VEH CLE ACCESS ROLL-UP DOOR FOR VEHICLE ACCESS SIZE SEE ELEVA IONS LOBBY 0 0 0 10 Ol 10 ol 1 0 �o OFFICE 1:??I IR:?I I I I:? 0 0 0 0 -,-,I I--,I I-, NW 0 0 0 0 0 0 0 0 0 0 z z ------- ------------- ------------- -------------- -------------- LINE OF ROLL-UP WHEN OPENED LINE OF ROLL-UP WHEN OPENED LINE OF ROLL-UP WHEN OPENED LINE OF ROLL-UP WHEN OPENED LINE OF ROLL-UP WHEN OPENED cq OFFICE OFFICE cn 2 A 0 AUTO REPAIR NOTE: 10 6,186 SQ.FT. NO WELDING,NO GRINDING OR MACHINE WORK AT THIS FACILITY BATH NO HAZARDOUS MATERIALS STORED AT THIS FACILITY NO OPEN OR CLOSED CONTAINER SYSTEM ON SITE PROPOSED AUTO REPAIR FACILITY - AC.F BIBLE 7 7: INIDIN. NO COMMON ACCESS BETWEEN AUTO REPAIR FACILITY AND COLLISION REPAIR FACILITY lu lu lu < Lu tu v V%3 Z 0 z 0 Lu LINE OF ROLL-UP WHEN OPENED lz tu Ln --) Oz tu lz lz IL 0 -'COVERED ENTRY 1- < 4,185 SQ.FT. 1 18'-0-FINISHED CEILING HEIGHT Lu LINEOFROLLUPWHE OPENED ACCEEI LANDING LIVE OF RD[TUPWHEINOP Lu PART zw INSURANCE Q < U-1 0 > COLLISION REPAIR Lu Lu 0 17,450 SQ.FT. it 9 'z 10 I. I < MEDIA WRITERS LL ACCESSI UE WINEOF ROLL-UP WHEN OPENED NOTE: LANDING NO WELDING,NO GRINDING OR MACHINE WORK AT THIS FACILITY NO HAZARDOUS MATERIALS STORED AT THIS FACILITY 0 tu NO OPEN OR CLOSED CONTAINER SYSTEM ON SITE OL -1—h PLATINUM FINISHING SYSTEMS DOWN DRAFT PFSSD24"SPRAY BOOTH WITH DRY CHEM SUPPRESSION SYSTEM MANAGER MEN Z 0131 E MEN z 1: Z 0 RECEPTION 2 tr LINE OF ROLL-UP WHEN OPENED ul Lu E 0 IN wz lw I BREAK ROOM LOBBY 17� ACCESSIBLE LANDING 0 z z n N Ln ROL-UP DOOR FOR VENTII-ATION ONLY NO VEHICLE AJCESS I Ln ACCESSIBLE ACCESSIBLE -1 J2"-' LANDING LANDING 5.-W— 3 - T 31 3' T-9 291- 144'-G' 175-l" 12'4' —18,31— —31. PROP05ED EXTERIOR VqALL5 STEEL SIDING < NORTH FLOOR PLAN PROPOSED INTERIOR VItALLS SCALE 1/8"=V-0" A-3 OF 13 2020-07-217PT,Z�Tf4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBILITY FOR ANY JOB COS-MeenomTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. COLOR NOTES: DOORS AND ROOF:HIGH GLOSS WHITE VERTICAL STEEL SIDING PANELS:METALLIC FUSION HORIZONTAL STEEL SIDING PANELS&TRIM:WEATHER ZINC Ln c\I 7/8"CORRUGATED 212 ROOF PITCH 0 METAL ROOF PANELS 14 cn �4 0 -ITET 2:12 ROOF PITCH MONTANA RIB VERTICAL lu METAL SIDING PANELS lu IL Lu .V tu m tu z r7(3 18'WIDE 14'TALL iu IL 10 0 Ls) r— MONTANA RIB HORZ. < tu QI Ln __l 0 d3 ---METAL SIDING PANELS fLi c,D d) 6 IL NORTH ELEVATION < SCALE 1/8" V-0" DL_ Lu Lu < Lu c� > Lu Lu 2:12 ROOF PITCH < LL F tu 2:12 ROOF PITCH 7/8"CORRUGATED METAL ROOF PANELS iiiiiiiiii I iiiiiiiiii I iiiiiiiiii Hill iiiiiii Hill Hill I Hill Hill I Hill Hill Hill I Hill Hill I Hill Hill 1 11 1111111 Hill Hill I Hill Hill I Hill Hill Hill I Hill Hill I Hill Hill iiiiiiiiii I iiiiiiiiii I iiiiiiiiii iiiiiiiiiiii Hill Hill I Hill Hill I Hill Hill Hill I Hill iiiiii Hill 111111111 11 lllLLE_LLLLE_LLELLL_j11l E >- MONTANA RIB VERTICAL MONTANA RIB VERTICAL F- METAL SIDING PANELS TWINE < ir z METAL SIDING PANELS w OPEN COVERED ENTRY a (DRIVE ACCESS) w cc ALUM.STORE FRONT ALUM.STORE FRONT 1,IFKS'RL, Lu Lu GLAZING FIR TWIN IWS > 22'WIDE 1�TALL 22'WIDE 14'TALL 22'WIDE 14'TALL 22'WIDE 14'TALL 2'WlDE.14'TALL GLAZING 0 0 z Lu cq E w MONTANA RIB HORZ. MONTANA RIB HORZ. EL 0 METAL SIDING PANELS METAL SIDING PANELS E z cl Ln I Ln Z EAST ELEVATION SCALE 1/8"=V-0" A-4 OF 13 2020-07-217PT,z�Tf4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBILITY FOR ANY JOB COS-mqyoomTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. COLOR NOTES: DOORS AND ROOF:HIGH GLOSS WHITE VERTICAL STEEL SIDING PANELS:METALLIC FUSION HORIZONTAL STEEL SIDING PANELS&TRIM:WEATHER ZINC Ln C4 1:4 0 MONTANA RIB HORZ. METAL SIDING PANELS 6 FX RE rVClNl AN A RIB VE FlICAL In F T Will WS IV ETA-SID1140 P/NELS---- < �7-T� 7/8"CORRUGATED 2:12 ROOF PITCH MONTANA RIB VERTICAL F= 7n "D 7 77 METAL SIDING PANELS < 7- "M 28-s lslXr -30M ST0.E Ds is, FWIND 3 FX.11 T. 11 M36F�TORE 18=FX ST FRC IONT Dows WIN 1� M I�T-N] F ONTW DOWS V < < 11 WIDE,IlTALL GLAZII G j! z tI t[7\ _tff Lu STRUCTURAL STEEL COLUMN El 71 tu Q�Ln __l Oz tu MONTANA RIB HORZ. lz El METAL SIDING PANELS -77alm-77_F;-– F-I OPEN TO ENTRY COVER OPEN TO ENTRY COVER OPEN TO ENTRY COVER OPEN TO ENTRY COVER > STRUCTURAL STEEL COLUMN T DL STRUCTURAL STEEL COLUMN Lu Lu SOUTH ELEVATION SCALE 1/8" l'-O" < Lu c� > Lu Lu < 7- u— tu 2:12 ROOF PITCH E 2:12 ROOF PITCH Z ------ALUM.STORE FRONT 10 6FX )RE GLAZING 7/8"CORRUGATED FR TWIN WS E 2:12 ROOF PIT(H LU METAL ROOF PANELS -1 Lu c4 E 11111 11111 1111111 1111 1111111 1111 1111 11111 1 1111 11111 1 1111 11111 1111 1 11111 1111 1 11111 1111 1111111 1111 1 11111111 1 1111111111 1 1111111111 1111 1111111 1111 11111 1 1111 11111 1 1111 11111 1111 1 11111 1111 1 11111 1111 1111 11111 1 1111 11111 1 1111 11111 111111 11111 1111 1 11111 1111 1 11111 1111 1111111111 1 1111111111 1 1111111111 1111 1�11111 Hill Hill (DRIVE CCESS) MONTANA RIB VERTICAL OPEN COVERED ENTRY METAL SIDING PANELS ILI �2! IN Ln Lu Ln 0 Z 1 8'WIDE.14 TALL LU NO ACCESS DOOR u VENTILATION DOOR > 0 0 2)'-0" LITF] FlIFFIL11 z Lu MONTANA RIB HORZ. CL 0 METAL SIDING PANELS J[l WEST ELEVATION SCALE 1/8"=V-0" A-5 OF 13 2020-07-217PT,z�Tf4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBILITY FOR ANY JOB COS-mqyaomTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. 70 SO.INCH ACCESSBILTY CLEAR LEVEL SIGN I F_ LANDING AREA 141 5 gh.,.q.1,ad te-hitaH-15A,V.h hd Mid—FIh.!O�.19�fie, Va,-11 and a,II and Mi,i,,,Fiha 11-611 hht�ltha sialdaM sUll,If sIg16 ale plie WHEEL STOP _.tad.1ehe the ita the,j 3' ACCE551BLE PARKING vo�d 60"111 AFF,The sighs ONLY e=�e a�10ahe PATH OF TRAVEL AGGVEMSSIBLE LOADING AND UNLOADING ACCESS MINIMUM FINE$�0.00 I Fr— 0 — // BOARDER PAINTED BLUE J L LI L SHALL BE LOCATED 50 T AT IT 15 VISIBL 5' j I L-1 Ll I I L Ll I TO A TRAFFIC ENFORCEMENT OFFICER STRIPES @ 36"O.C. J L I LI I I L 11 1 '1 NHEN A VEHICLE 15 FROPERLYFARKED MAXIMUM ON CENTER J -1 Ij LI-I J L LI L - IN THE SPACE PAINTED IN A COLOR J L]L__]Ll L]L L]- -1 1 1 Ll I CONTRASTING WITH I L I L 12' TYPICAL THE PAVEMENT J,,L L L TO BE INSTA-LED AT 3` SURFACE PREFERABLY C) J L Ll L C\1 PAVEMENT NO PARKING WHITE OR BLUE 00 2� I J L-1 U L Ll EA.SIDE ALL RAMPS 0 SYMBOL J I I L-1 Ll I I L Ll I LI __I Ll Ll 1 4 CLEAR LEVEL 7 L_L �4,,L�,-, 0 LANDING AREA �RO -&� Z-) 1114 /L TRUNCATED DOMES 0 BLUEBACK6 LIND— NOTE: ———————--———— APPROVED Disabled parking spaces are 05A/AG DOMES required to be a minimum 15 feet long but the difference is now in the parking space width.Standard YiHITE YiHEELCHIAR parking is q feet wide and Van stall DOOR LANDING REQUIREMENTS &OCIS U PANT width is now 12 feet wide.Both TRUNCATED DOMES types of disabled parking stalls can now provide only a 5-foot wide WITHIN THE LOADING passenger Side access aisle. &UNLOADING ACCESS ASLE PAINT THE WORDS Disabled Van parking spaces "NO PARKING"IN 12"HIGH require that one in every six spaces ACCESSIBLE PARKING SIGN ILI MIN.WHITE LETTERS must be a van parking space.Van parking is permitted to be grouped together in multi-story parking < a I Lu facilities. -< tu j) .V M ILI ACCESSIBLE PARKING z W �klzo r- Ln EL LEVEL LANDING AREA 7 < 31-61 2- 41-611 t 11-611 1 LU 3 1 2'1 LU 6 LEVEL LANDING 6% AREA LV-6�' e, 0 RR .1 a. LU MMIM—HTO—W-5RANI ,T LU LU MT_,jG M,,,,,WMW I— —I CY) LOCATION OF ACCESSIBLE FIXTURES AND ACCESSORIES PER ANSI Al 17.1 Lo co F TH'�T'�.%I�A.0 -T TH_I..._ �T..%� LL LOCATION OF ACCESSIBLE FIXTURES AND ACCESSORIES PER ANSI Al 17.1-1998 31-6" tu ACCESSIBLE RESTROOM REQUIREMENTS DOOR LANDING REQUIREMENTS E Z TACTILE EXIT SION MOUNTED ON LATCH SIDE OF LU DOOR 2 1/2"MAX LU E -:Z�1 C4 DOOR @ 1:2 SLOPE I 1/4"MAX D U) 4t C*4 Ln z Ln FLOOR DOOR THRESHOLD DOOR SIGNAGE A-6 OF 13 2020-07-217PT,Z�T`1`4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBILITY FOR ANY JOB COS-Meb;OOMTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. G RTAINTEED AT FLINTLASTIC MODIFIED BITUMEN ROOF OVERING SYSTE INSTALLED TO MANUFACTURES SPECS 8"Min.Low Permeable Soil Keystone Cap Unit 22' �10 RA�lip w O.c. E3" _1_j 6.12 EA.SOE OF POST ,,.B.L�,RRIAEE EOLTB Keystone Standard 8` "�51FE SEA.sVE Unit 6,6 P05T 24" Unit Drainage Fill < L 4'W"STEEL POST FOR sATF z %uStandard Elevation (3/4"Crushed < E ,, CID I CMU TRA511 ENCL05URF Rock or Stone) _j 12 Approximate 1/8"-1/4" C: U) L Limits of CRCrIY5TANOAREl5 PER CITY BTANDARDS 8" Excavation CIA rRet i�nedSo�il 14 _V_ Finished Grade cc�� 0 Concrete Driveway Geogrid is to be Placed on Level 0 4"Perforated PVC Backfill and Extended Over the Drainage Tile Fiberglass Pins.Place Next Unit. Pull Grid Taught and Backfill. Standard Plan DUMPSTER FRONT ELEVATION Stake as required. SCALE 1/4"=V-0" Note: r.Ughed Stone Grid&Pin Connection Standard Unit When site conditions require,wrap drainage Leveling Pad Dimensions May Vary tile in 3/4"aggregate and filter fabric with joundation Soi-1) by Region drainage composite or aggregate back drain -13' system,as directed by geotechnical engineer. lu < 6x6 POST LU lu Typical Reinforced Wall Section 6 V< tu j) C,LU Standard Unit-Near Vertical Setback 4x4 STEEL I L GATE POST I IF 0- z 130) iu U-,Z 0 11L L_:� LI I j�r- KEYSTONE STANDARD RETAINING WALL SYSTEM tu Q),Ln CMU __1 Oz tu IZ EL I IF FT I '1_1 DOOR �-I LJ`�,'t-11 1-ij LU DIUMPSTER SIDE ELEVATION LU SCALE 1/4"=V-0" 16' 6—SAMPLE DRAWINGS OF ENCLOSURES ---- These drawings are not to scale.They have been resized to fit in this document, These drawing I s are not to scale.They have been resized to fit in this document. <LL LU These drawings are not to scale.They have been resized to fi�� ic� > LU LU RIGHT SIDE MEW ki) TOP VIEW FRONT SIDE MEW 6x6 POST �) %J) -Z 6x6 POST a-< A (3 LL A tu z ENCLO No., ASH -8"x6"WHEEL CURB- GATE POST—, LC 7 (RE CL __j z GATE DOOR Too B No ��-S CONCRETE In 0 FOOTING V A, 8' 8' E DOOR E 'T P END, �2 TE DC113R _R ET E F"T, 4N "IR a. PER CITY RxR P UI Z REQUIREMENTS EARTH 4"x4"x 3/16"STEE4,POST 4"x4"x3/16"STEEL POST 4' FOR GATE OR GATE(INDEPENDEl' F PER CITY METAL GATE ZI OR BIX WALLS) r REQUIREMENTS (TYP. PER CV#5>11 5'-6" I> DOORS TO BE HUNG ON STEEL POSTS- L STEELGATI LU cNN4 E S ENCLOSURE COVERS SHOULD HAVE 2 OREVEM IFEET PER CV#52' I,IT ME T CLEARANCE ED THAT LUDS MAY OPEN REVE"T)IN"I"M KTIM WALLZ MULDEL Ii DROU HUNG WDEPENDE TLY 43 j L. X W WHEEL MIND ALL ARCUND MTRUETURE. 3.LMCUDUURG COVERS ON ULD HAVE 7 COOVRAN FEET reaM WALL ON STEIRL I.— T-W KOH STEEL OROCS HE 4'�V F& 1-1 ISIR J-US IS 7 CLUEARINCE SO THAT LM MY OPEN I JOLI A CROP RELECS TOM DUORS =OCT WAL STEEL POST SET 1,A RECL MIT AROUND.11ICIONNE 5,CKLUSURE COVERS SKILLO HAVE 7 COVERS FEET ,�l MORT EPEND Y 190.-LC—11 PONEVENT MEN FROW HITTING WALLII CE SO THAI LEDC MAI RIEN R—1.PENDENTLY 1.a' H—STEEL DATE. IM RHE OPEN—SCSI PIRS—S. HOO.U."'—TI1 A HEIRL 711C 0 70 WIL To ISDAM OEM IT— M E. Or STEEL AIEE R�POP WALL ON ST-_POSTS 7.4-X 4��TGTAIUCIURA. L PUST SET 'a LINE— N�X�2'MST `W`ALL M`EPM`LPOPTV �A 'PROVIDE CANE BOLTS,DROPPED INTO SLEEVED —ANSIDIC F.Le.FOR OR Are .1 DR.I'D.-I—To PKI.1H 3,A 7.4 X S—MY SET IN TR HIS 1.A 1111-1 FIT—1 A11S.1.1 1.1 ON .—MUHUIAME—ANN—ITH1.1 —A.H.1 HITUIS IRI R.&;mMk,IDERM111P� MP PLARne M METAL P3M 9.V X 2-JIDST- MAIL TO GM WAM MR.) C,ITEMO2 A PCURTMTEL�-0—EN STI.E. C OPEN...IDLECED PECCY END OF THE ENCLOSURE FOR THE TRUCK To MRIT Hl.AU PERNIST9 AND PLANS MUST INS OUNNITTEM (ROSS Mr.PLASTIC Oil METAL TO LIM`C UAC.4-1 SOECEE 11H AN.11.111ED—"a- TOE TH HOLES INTO CONIC.BOTH IN OPEN&CLOSED POSITION A'HIS'VTLHIZ�T CONCRETE APRION?PAD THAT F. INER4--10I U POST.1. AS IT pile UP FIRE CONTAIN= 7.CITY 1.1 A11.UVAL. I Liff File WNRLCI ANDAN-TASTE.1.IST,W_ > �7 z Ln arria''"I"'MATELT TW FEET DAY EITHER IVANEA.CARIHASE 1I.L.IMS WARINERS—1 A I.1ALVE-I.DT CONCRETE A—RAI No _1"S,APPPENamArmy TWO...R.E ITH, OALvANIZED CARPEACC ARM MR WASHERU IrM DID Or THE E LCIUME FOR THE 11—TO MW IS ALL THIT2 AND,PLANS MUST K su� CITY OF CHULA VISTA OF THE E HE TRUCK To Ift AU,11RMITS AND PLAIUC NOT JE SUBMITTED Z UNNA AS 31 PICWC Up .1 THE CONTAINERS To CITY FOR�AL, SAMPLE TRASH ENCLOSURE A.IT UPYHE CONOT...AENCRS TO ITY—AAPPCFVAI_ 1%A,-,B,`��,,pEo,ti ITT- CITY OF CHULA VISTA XFF AMEDA CITY OF CHULA C VISTA TNNNNNNN SAMPLE TRASH ENCLOSURE SAMPLE TRASH EN.LGSLIRE SCALE.-I'�5� —) III 24' 15 276 Fourth Ave DUMPSTER ENCLOSURE FLOOR PLAN Chula VIt.,CA 91910 mm SCALE 1/4"=V-10" CHULA VISTA DOCUMENT #5211 SEE CHULA VISTA TRASH ENCLOUSER DOCUMENT#5211 CONCRETE TO BE DRIVEN OVER BY TRASH AND RECYCLING TRUCKS TO PROVIDE SERVICE IS ENGINEERED TO WITHSTAND THE WEIGHT MULTIPLE WEEKLY TRIPS BY POTENTIALLY FULLY LOADED TRUCKS A-7 of 13 2020-07-217PTM�T`F4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBIL TY FOR ANY JOB COS-MebboMTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. 5"x 5"x 5/16"STEEL P05T5 @ VO.C. E3 3/4"x 3/4"16 6A.HORTZ.MEMBERS Yql 4"MAX SPACING 2"x 2"x 3/16"50.STEEL TOP RAIL IMF CONIC.VRIVEV�AY C\l 4 cn FRONT FENCE RAILING AT UPPER WALL DETAIL 1:4 0 r:�P-S lu lu lu < 6e Lu lu v tu lu r-1 z 131-.6 Lu > v�z tu Ln __l d3 ME lz-1 tws 11 tu Ej III IL m F — 1: 3TORE 18.30 NSDT0X,,' DOWS FRON IND 3 FX ST 18�36FXS)RE STORI WIND(li 'El PEI 18'WIDE�1TTALL 48"WROUGHT IRON FENCE <u- ILI]ILI]1[]11 BLACK IN COLOR Lu C��> BLACK -\ 48"WROUGHT IRON FENCE IN COLOR Ll 11 11—1 1-1111-IlEt—:1 E rr Lu Lu a-< F= LL tu EXISTING DRIVEWAY NO CHANGE ------- CL KEYSTONE STANDARD BLOCK RETAINING WALL(TAN IN COLOR) BICIFILTRATION BASIN ri KEYSTONE STANDARD BLOCK RETAINING WALL(TAN IN COLOR) U-1 Lu E FRONT RETAINING WALL ELEVATION SCALE 1/8" l'-O" z Z _ Ln TRASH ENCLOSURE PER CITY STANDARDS XISTING GRADE LINE bo co T FINISH PARKING LOT LEVEL REAR RETAINING WALL ELEVATION SCALE 1/8"=V-0" 2020-07-217PT!!�Tf4E OWNERS RESPONSIBILITY TO FIELD VERIFY ALL PAGES OF THESE DRAWINGS PRIOR TO STARTING CONSTRUCTION.IF THE OWNER FAILS TO FIELD VERIFY THESE DRAWINGS WITH ALL SITE CONDITIONS AND BEGINS CONSTRUCTION HE/SHE TAKES FULL RESPONSIBILITY FOR THE DRAWINGS BEING CORRECT AND APPROVED BY THE OWNER.THE DESIGNER SHALL TAKE ZERO RESPONSIBILITY FOR ANY JOB COS-MqYOoMTHE OWNER FAILING TO FIELD VERIFY THE APPROVED PLANS.THE OWNER SHALL SIGN EACH SHEET OF THE APPROVED PLANS AND EMAIL THE SIGN PLANS TO THE DESIGNER PRIOR TO STARTING CONSTRUCTION. Oscar Romero NNN�N_ From: Kern Aviles <r* Sent-, Saturday,April 251. 2020 PM To: Oscar Romero Cc: Mark Aviles Subject: Auto Collision and Repair Facility Follow Up Flag. Follow up Flag Status: Completed Warning: External Email Hello Mr. Romero, 4 1 am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place. I would like for you to provide information as to what exactly"limited industrial" refers to as my understanding of this is that a repair shop most certainly does not fall into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being esta blished at this location. This business would sit at the foot of the hill from my home and would impede greatly on the residential qualitV of life that we have. I have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, Kerrii Aviles Sent from my Whone 2020-07-28 Agenda Packet, Page 5 8,8 of 711 Oscar Romero From* Kern AvilesmdPN==Nwft Sent: Monday,April 27, 20 12-425 PM To: Oscar Romero Cc: Mark Aviles; Stan Donn; Sue Morassi; Raymond Estrada;Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Warning: External Hello Mr. Romero, E m ail The response you have provided is confasing and concernmg, The initial letter that I received stated that this location is zoned as 1P (Industrial)with a general plan of IL(Limited Industn'al), In reviewing the Industrial Base Zone codes, there is no mention of a business such as a collision and vehicle repair facility falling into the categories described. Has something changed? The information I have describes IP zones as "Intended to create a campus like environment charactefized by comprehensive site design, substantial landscaping and amenities that serve the surTounding development in a manner that preserves the industrial nature of the zones, IP zone s have di fferent categori e s to inc I ude I-3 some for o ffice us e and 1*1 ght industr ial. I am really trying to understand how a collision and vehicle repair shop falls into any of the categodes listed? Tow trucks coming and going, loud repair machinery, fumes and exhaust from the work being done etc. Your letter state s tb at an applic ati on has been file d with the City. What i s th e n ext step? S everal o f us want to attend all meetings related to this and remain in opposition of such a business being established at the base of our homes. I look forward to hearing from you. Sincerely, Kerri Aviles "Nomft On Monday,April 27, 2020, 09,07,13 AM PDT, Oscar Romero<oromero(a-),chulavistaca.gov> wrote- H! Ms. Aviles, tc I am A project planner and can answer any questions you may have. The project is within the Auto Park North Specific Plan and supportive uses such as Vehicle Collision and Automotive Repair are permitted at this location. The zone for the site is actually Industrial and the General Plan is Limited Industrial. When there is a Specific Plan, the uses permitted are no longer limited to the zone but are reviewed under the specific plan. If you have any follow up questions or comment please let me know. Thanks, Oscar Romero Associate Planner 2020-07-28 Agenda Packet, Page 5 8,9 of 711 City of Chula Vista (619) 691-5098 oromero(d),chulavistaca.,gov -----Original Message----- From, Kerri Aviles [mailtoo"WE""M Sent- Saturday, April 25, 2020 -33 PM To- Oscar Romero Cc: Mark AvHes Subject., Auto Collision and Repair Facility Warning: External Email Hello Mr. Romero, I am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place, I would like for you to provide information as to what exactly"limited industrial" refers to as my understanding of this is that a repair shop most certainly does not fall into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location. This business would sit at the foot of the hill from my home and would irrpede greatly on the resIdential quality of life that we have. I have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, Kerri Aviles VINOW Sent from my iPhone Oscar Romero From: Ker'n Aviles Sent: Monday,April 27,2020 4,42 PM To- Oscar Romero Cc* Mark Aviles; Stan Donn; Sue Morassi; Raymond Estrada;Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Follow Up Flag: Follow up 0 Flag Status* Flagged 4 War ning. External Hello Mr. Romero, Email Thank you for the link to the Auto Park North Specific Plan. I have had an opportunity to read it and have follow up questions please, On Page 2; 1, H, I C-The re ference 1 s made that, " The adj ac ent re sidential uses to the north require c onsiderati on and could limit the desirab I e type s o f non-re sidenti at u se s o f this site." With that being said, ye s, out home s are to the north of thi s propo sed proj ect and we would be in opposition o f a rep air shop at the bas e of the slope from our homes. This is extremely undesirable for many reasons to include,noise,pollution, unwanted blight in the form of unsightly vehicles etc. On Pagt 5; B, 3, M-Permitted uses of this site include; "collision repair as a supporting service to a sales dealership" What dealershi will this repair shop be connected to? It appears clear that these areas are 'Intended ip for c ar de al ers and the collision/repair component i s meant to go in conj unc ti on with thi s and not independently. On Page 6; 11, C-It states; "out door use prohibited. All permitted uses shall.be conducted withi*n completely enclosed buildings except for automobile display, 'Inventory parking,parking and loadi'ng facilities, dining." I would like to know how wo ul d a co I 1*1 s*1 on and rep a ir shop be abl e to ope rate and c ond uct the ir b usi ne s s in an enclosed setting? My concerns would be that they wont be doing that and that their repair work will impede on P the quality o f li fe that we have 'in our re sidential commun ity. I On Page 8; V-Houns o f operation for c ollisi on repair are 7:3 0 AM-6-W 00 PM Monday-Fn*day. There 1 S]no mention of weekends and I would like to know if this is in fact the case or subject to change? Thank-you for taking the time to answer my questions. Sincerely, Kerri Aviles I On Monday, April 27, 2020, 01'.44:52 PM PDT, Oscar Romero <oromero@chuIavistaca.gov> wrote: Hi Ms. Alvez, The IP Zoning designation and LI General Plan designation is correct. In addition to both zoning and the general plan there is also a Specific Plan;�n'-4h-is area, noted 'as the Juto Park North Specific Plan which takes precedence in regard to permitted uses and development standards. Please review the link provided sharing the Auto Park North Specif ic Plan document. At this time the next step for this project will be a public hearing which you will receive notice via mail or email if you request. Let me know if there are any other comments or questions. Auto Park North Specific Plan:.https://,qisweb.chulavistaca.,qoviZoneF1nder/pdfs/SpecificPlanslAutoParkNorth SpecificP1 Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 cromero@chulavistaca.gov From: Kerri Avil Sent: Monday, April 27, 2020 To: Oscar Romero Cc: Mark Aviles; Stan Donn; Sue Morass!; Raymond Estrada; Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Warni*ng: External Hello Mr. Romero, Emafl Z,Ve response you have provi e is con using an concerning. e ini ia e er at I received stated that this location is ed as I P (I ndustria 1)with a g enera I pi a n of I L(Lim ited I ndustrial), In reviewing the Industrial Base Zone codes, there is no mention of a business such as a collision and vehicle repair facility falling into the categories described. Has something changed? The information I have describes IP zones as "Intended to create a campus like environment characterized by comprehensive site design, substantial landscaping and amenities that serve the surrounding development in a manner that preserves the industrial nature of the zones. I P zones have d ifferent categories to i ncl u de 1-3 some for off ice u se and I ig ht 1 nd ustrial. 2 I am really trying to understand how a collision and vehicle repair shop falls into any of the categories listed? Tow trucks coming and golng, loud repair machinery, fumes and exhaust from the work being done etc. Your letter states that an application has been f iled with the City. What is the next step? Several of us want to attend all meetings related to this and remain in opposition of such a business being established at the base of our homes. I look forward to hearing from you. Sincerely, Kerr! Aviles On Monday,April 27� 20205 09:07:13 AM PDT, Oscar Romero <oromero@chu1avi1staca.gov>wrote: Hi Ms. Aviles, I am the project planner and can answer any questions you may have. The project is within the Auto Park North Specific Plan and supportive uses such as Vehicle Col'lision and Automotive Repair are permitted at this location. The zone for the site is actually Industrial and the General Plan is Limited Industrial. When there is a Specific Plan, the uses permitted are no longer limited to the zone but are reviewed under the specific plan. If you have any follow up questions or comment please let me know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 oromero(@,chu lavistaca,-gov -----Original Message----- From: Kerri Aviles'[mailt Sent: Saturday, April 25, 7020 8:33 PM To, Oscar Romero Co.- Mark Aviles Subject: Auto Collision and Repair Facility Warning: External Email Hello Mr. Romero, I am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair Aop located at 1880 Auto Park Place. I would like for you to provide information as to what exactly"limited industrial" refers to as my understanding of this is that a repair shop most certainly does not fall �nto that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location. This business would sit at the foot of the hill from my home and would irnpede greatly on the residential quality of life that we have. 3 I have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking inforrnation related to all meetings involving this proposed project. Sincerely, Kerri Aviles Sent from myPhone 2020-07-28 Agenda Packet, Page 594 of 711 Oscar Romero From: Kern Aviles Sent: Tuesday, May 26,. 2020 9: PM To: Oscar Romero Cc: Mark Aviles;Stan Donn; Sue Morassi; Raymond Estrada;Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Warnflng: External Good morning Mr. Romero and neigbbors, Et6afl As a reminder tornorrow is the meeting at 6:OOPM and I hope everyone in the connnunity follows the progress and shares their concems about the proposed building of another auto collision and repair shop at the base of the community. P er the Not ice 0 f Pub I ic Hearin g lette r it state s that if we want to submit c omments 1*n advance we can dire c t them to Mi. Romero. Mr. Romero will you be collecting and presenting the e-mails that have already been submitted to you? Neighbors if you want to submit comments during the meeting the letter directs you to go to https.,,Hchulav'lsta.granicusl*deas.com/meetings I encourage everyone to share this within the community and send Mr. Romero your thoughts as well as participate in the meeting. Thank-you, Kem' Aviles On Monday, April 27, 2020, 04:41-47 PIVI PDT, Kerri Avilevn�. Mwrote: Hello Mr. Romero, Thank you for the link to the Auto Park North Speoif 1c Plan. I have had an opportunity to read it and have follow up questions please. On Page 2; 1, H, 1 C-The reference is made that, " The adjacent residential uses to the north require consideration and could limit the desirable types of non-residential uses of this site."With that being said, yes, our homes are to the north of this proposed project and we would be in opposition of a repair shop at the base of the slope from our homes. This is extremely undesirable for many reasons to include, noise, pollution, unwanted blight in the form of unsightly vehicles etc, On Page 5; B, 3, M-Permitted uses of this site include; "collision repair as a supporting service to a sales dealership" What dealership will this repair shop be connected to? It appears clear that these areas are intended for car dea)ers and the collision/repair component is meant to go in conJunction with this and not independently. On Page 6; Ilp C-It states; "out door use prohib�ted.All permitted uses shall be conducted within completely enclosed buildings except for automobile display, inventory parking, parking and loading facilities, dining." I would like to know how would a collision and repair shop be able to operate and conduct their business in an enclosed setting? My concerns would be that they wont be doing that and that their repair work will impede on the quality of life that we have in our residential community. 2020-07-28 Agenda Packet, Page 595 of 711 On Page 8; V-Hours of operation for collision repair are 7-30 AM-6:00 PM Monday-Friday. There is no mention of weekends and I would like to know if this is in fact the case or subject to change? Thank-you for taking the time to answer my questions. Sincerely, F 1 On Monday, April 27, 2020; 01,144:52 PM PDT, Oscar Romero <oromero@chulavi1staca.gov> wrote: Hi Ms. Alvez, The IP Zoning designation and Ll General Plan designation is correct. In addition to both zoning and the general plan there is also a Specific Plan in this area, noted as the Auto Park North Specific Plan which takes precedence in regard to permitted uses and development standards. Please review the link provided sharing the Auto Park North Specific Plan document. At this time the next step for this project will be a public hearing which you will receive notice via mail or email if you request. Let me know if there are any other comments or questions. Auto Park North Specific Plan:https://qisweb.chulavistaca.ggv/ZoneFindeL/pofs/Spg.cif!cPlans/AutoParkNorth SpecificPl Thanks, Oscar Romero Associate Planner City of Chu I a Vista (619) 691-5098 oromero@ohulavistaGa.gov From: Kerri Aviles Sent: Monday, Apriii"27,. 02020 12:25 PM To: Oscar Romero Cc: Mark Aviles; Stan Donn-, Sue Morassi; Raymond Estrada; Alan Engelhorn Subject: Re:Auto Collision and Repair Facility 2 2020-07-28 Agenda Packet, Page 596 of 711 Warning: External Hello Mr. Romero, Tmail I The response you have provided is confusing and concerning. The initial letter that I received stated that this location..is zoned as I P(I nd u strial)with a g enerall pla n of I L (Lim ited I nd Ustr1i a 1). 1n-review'ing t6e I ndustria I Base Zo ne cod es, there is no mentic n of a bus i ness such as a col I is io n and ve Noll e re pa 1 r facility falling into the categories described. Has something changed? The information I have describes IP zones as "Intended to create a campus like environment characterized by comprBhensive site design, substantial landscaping and amenities that serve the surrounding development in a manner that preserves the industrial nature of the zones. IP zones have different categories to include 1-3 some for office use and light �ndustrial. I am really trying to understand how a collision and vehicle repair shop falls into any of the categories listied? Tow truoks coming and going, loud repair machinery, fumes and exhaust from the work being done etc. Your letter states that an application has been filed with the City.What is the next step? Several of us want to attend all meetings related to this and remain in opposition of such a business being established at the base of our homes. I look forward to hearing from you. Sincerely, Kerri Aviles On Monday, April 27, 2020, 09�-0713 AM PDT, Oscar Romero <oronnero@chu1avistaca.gov>wrote: Hi Ms. Aviles, I am the project planner and can answer any questions you may have. The project is within the Auto Park North Speciflo Plan and supportive uses such as Vehicle Collision and Automotive Repair are permitted at this location. The Site T zone for the is actually Industrial and the General Plan is Limited Industriai. When there is a Specific Plan, the uses permitted are no long er 1i mited to the zone but are reviewed u nd er the specific pI an. If you have any fol low u p questions or comment please let me know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619)691-5098 oromeroO).chulavistaca.gov -----Original Message--- From: Kerr! Avile4 Sent: Saturday, A�prill"25, 2002": To: Oscar Romero Cc, Mark Aviles Subject: Auto Collision and Repair Faci�ity Warning: External Email Hello Mr. Romero, I am writ!ng you 1 n res ponse to a letter th at I received i n regard s to a n a p p]ication th at has been f i I ed with th e C ity f or an auto repair shop located at 1880 Auto Park Place, I would like for you to provide information as to what exactly LI limited industrial" refers to as my understanding of this is that a repair shop most certainly does not f all into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location. This business would sit at the foot of the hill from my home and would impede greatly on the residentlal quality of life that we have. I have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, Kerri Aviles Sent from my IlPhone Oscar Romero From: Kern Avilesuwm� Sent: Wednesday, May 27, 2020 43 5 PM To: Oscar Romero Cc* Mark Aviles; Stan Donn; Sue Morassi; Raymond Estrada;Alan Engelhorn Subject: Re:Auto CoVislon and Repair Facility Attachments: imageljpeg;ATT00001.htm; imageljpeg;ATT00002,htm;Video.MOV ATT00003,htm; V*tdeo-l.MOV;ATT00004,htm Follow Up Flagit Follow up Flag Status: Completed Warning,, lfttern' al 'Eina,H Heflo,before the meeting starts tonight, I am sending two photos and two short videos. The photos/videos are of the lots that will be directly next to the proposed site of the collision and repaIr shop. What I woul d like everyone to take note of 1 s the fact that we c o n si ste ntl y bav e n o i se generated from veh ic le s with the back up alarm, generators on and the I ot that ho u so s the deli very van s(which i s empty at the moment because the vans are currently out on delivery)uses the car alarms for staff to locate the van they are assiogned to. At any given time in the mornings, five plus alanns are going off. In addition to all of this,exhaust from these cars i0s choking our community out. We are strongly opposed to the consideration of this proposed business. Thank you, Kerri Aviles FP In'F7 Ail I;F !,Tim 4" -.9. �p .. AL *r -W ps —IMF, iip IV .0 M 41 L ---------- 7 IN 0 __WA tk Atir 3% 'r6 -Y-4 IMP I-W plir v=77 16 11116 "A Am 4H A;W. d- dw�4 11 7 v 6 d6j a ap v Ak ph -'-1& 71- L .L 4m JEW I. dp e IF 911r A K go M-L 'V k WJY 11AL1. 4m A I d.9ON ML w dic L .216 A -As 1�6 17 ..F 0 m r! L: a *�bl c PP2 i P 1 d bL or mr:0 —IMP 46 Lr# i IL *hIr PA A 4r fir lip ir IT6 091. 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PW 2% h. -IT A __Lmmpw� APA 11114& % A % rML L RL kv A l6k r A Lj 4L 0�� A % %k %6 P F-- 4.j r d % b4 1 9 % 4L C % 7 % Iq P 2 Or I L f r 91' r ��L V I . �l 4.4 - b lh: '14.-%-11 % r L L k P I r 4� F 1� I I . .6 F r 3L q Ir %r r 46'9% Ap Ull f&4L LL 79 p- hr 6F q !P4 t L9 r Aip A .11 V. it 6A PF IP:L k. 4P jh 4 T, N L 4�R T6. 4 dp FIIL 4q % A ir 4b k Z I .1, jl�[ � M�9m,., F I.. -t 1, - RN 91 e, P IAP 9dp pr 4E I-b *f a-I- 1A 14 AL L L f dL m Oscar Romero From- Kerri Aviles own Sent: Wednesday, May 27, 2020 7.42 PM To: Oscar Romero Cc: Mark Aviles; Stan Donn; Sue Morassi; Raymond Estrada; Alan Engelhorn Subject: Re.-Auto Collision and Repair Facility Follow Up Flaig: Follow up Flag Status: Completed Warning* External Hello Mr Romero, Email I mu st say how di sappoi n ting it was to watch thi s ineeting proceed with s e veral facts mi ssi*11g. 1. m a believer in true transparency and noted 'Information withheld in particular it was not noted that their IS a very loud and busy business East of this lot when t's evidenced by the video I submitted to you yet never discussed during the meeting. Additionally, while all of you suffered from technical difficulties the public was jumping through h oop s trying to get comments submitted and call s I ogged. I"ve documented the outc ome,the ayes, the bu si ne s s hours promised as well as all of the efforts that will go into place to ensure there is no noice and that 1arge trees are planted"to assist as a buffer I will forward the M' fonnation on to he Home Owners Association as well as the management company so that they can remain involved and follow the progress and assist in assufing ffiere is accountability, Kem' Aviles Sent from my i'Phone On May 27, 2020, at 4 d-3 4 PM, Kem* Avileow wrote: Hello, before the meeting starts tonight, I am sending two photos and two short videos. The photo s/v ideo s are o f the I ots that w*111 be directly next to the propos e d s ite of the c A is*1 on and repair shop. What I would I'Ike everyone to take note of is the fact that,we consistently have noise generated from vehicles w 10th the back up alarm, generators on and the lot that houses the delivery vans(wh ich 1*s empty at the moment bec au se the vans are currentl y out on delivery)u se s the car alanns for staff to locate the van they are assigned to, At any giveti time, iti the momings, five plus alanns are gomg off, In addition to all of this, exhaust from these cars is choking our community out. We are strongly opposed to the consideration of this proposed business. Thank you, Kerri Aviles <image I-J peg> <10mage2JPe9> Sent from my iPhone <Video,MOV> 2020-07-28 Agenda Packet, Page 6,02 of 711 <Video—LMOV> On May 26, 2020, at 9:3 2 AM, Kem' Aviles Nomm"wrote: Good morning Mr, Romero and neighbors, As a reminder tomorrow 1 s the me et ing at 6 OOPM and I hop e everyone in the community follows the progress and shares their concerns about the proposed building of another auto collision and repair shop at the base of the community. Per the Notice Of Public Hearing letter it states that if we want to submit comments in advance we can direct them to Mr. Romero. Mr. Romero will you be collecting md presenting the e-mails that have already been submitted to you? Neighbors if you want to submit comments during the meeting the letter directs you to go to btt-P s-.8chulavi sta.gKanicusidea s,comlm c etings I encourage everyone to share this within the commimity and send Mr, Romero your thoughts as well as participate in the meeting. Thank-you, Kerri' Aviles On Monday, April 27, 2020, 04:41:47 PM PDT, Kerri Aviles wrote: Hello Mr. Romero, Thank you for the link to the Auto Park North Specific Plan. I have had an opportunity to read it and have follow up quesvons please, i I On Page 2; 1, H, I C-The reference is made that, " The adjacent residential uses to the north require consideration and could limit the desirable types of non-residential uses of this site."With that being said, yes, our homes are to the north of this proposed project and we would be in opposition of a repair shop 'at the base of the slope from our homes. This is extre rn ely und esirable for many reasons to incl ude, noise .pol lution, unwanted blight in the fcrm of unsightly vehicles etc. On Page 5; B0 3, M-Permitted uses of this site inctude; "collision repair as a supporting service to a sales dealership"What dealership will this repair shop be connected to? It appears clear that these areas are intended for car dealers and the collislonlrepair component is meant to go in conjunction with this and not independently, On Page 6; Ilp C-It states; "out door use prohibited. All permitted uses shall be conducted within completely enclosed buildings except for automobile display, inventory parking, parking and �oading facilities, dining." I would like to know how would a collision and repair shop be able to operate and conduct their business in an enclosed setting? My concerns would be that they wont be doing that and that their repair work w1ill impede on the quality of life that we have in our residential community. On Page 8; V-1-lours of operation for collision repair are 7-30 AM-6:00 PM Monday- Friday. There is no mention of weekends and I would Re to know if this is in fact the case or subject to change? 2 2020-07-28 Agenda Packet, Page 6,03 of 711 Thank-you for taking the t1me to answer my questions, Sincerely, Kerri Aviles #mown= On Mond ay, Apri 12 71 2020, 01-44.-52 P M PDT, Oscar Rom era <.oromero(a-),chubvistaca.go >wroteq Hi Ms. Alvez, The IP Zoning designation and LI General Plan designation is correct. In q addition to both zoning and the general plan there is also a Specific Plan in this area, noted as the Auto Park North Specific Plan which takes precedence in regard to permitted uses and development standards. Please review the link provided sharing the Auto Park North Specific Ran document. At this time the next step for this project will be a public hearing which you will receive notice via mail or email if you request. Let me know if there are any other comments or questions. Auto Park North Specific 'tPlan:https,'/./`gisweb.bhcilavist�ca.g2v,/ZgneF!nder/pdfs/SpecifioPlans/AutoParkNorth S pecificPtan.odf Thanks, Oscar Romero Associate Planner City of Chula Vista (619)691-5098 oromero(dDchulavistaca.gov From: Kerr!Avile Pm .. Sent: Monday,Apn 2020 12:25 To: Oscar Romero 3 Cc: Mark Aviles; Stan Donn; Sue Morassi; Raymond Estrada;Alan Engelhorn Subject: Re:Auto Collision and Repa[r Facility Warning: External Hello Mr. Romero, Email The response you have provided is confusing and concerning. The initial letter that I received stated that this location is zoned as IP (Industria[)with a general plan of IL (Limited Industrial). In reviewing-the Industrial Base Zone codes,there is no mention of a business such as a coll lision a nd ve hicle repaii r facill lity fa I 11 ng i nto the categories d escribed. Has something changed? The information I have describes I P zones as "Intended to create a campus like environment characterized by comprehensive site design, substantlai landscaping and amenities that serve the surrounding development in a manner that preserve' s the industrial nature of the zones. IP zones have different categories to include 1-3 some for office use and light industrial. I am rea�ly trying to understand how a collision and vehicle repair shop falls into any of the categories listed? Tow trucks coming and going, loud repair machinery, fumes and exhaust from the work being done etc. Your letter states that an application has been filed with the City. What is the next step? Several of us want to attend all meetings related to this and remain in opposition of such a business being established at the base of our homes. I look forward to hearing from you. Sincerely, Kerr!Aviles On Monday, April 27, 2020, 09:07:13 AM PDT, Oscar Romero <.oro:mero(@,chuIav1staca.qo >wrote: Hi Ms.Aviles, I am the project planner and can answer any questions you may have. The project is within the Auto Park North Specific Plan and supportive uses such as Vehicle Collfision and Automotive Repair are permitted at this location. The zone for the site is actually Industrial and the General Plan is Limited Industrial. When there is a Specific Plan, the uses permitted are no longer limited to the zone but are reviewed under the specific plan. If you have any follow up questions or comment please let me know. Thanks, N� % Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 oromeroa,chu I avistaca.g -----Original Message----- From: Kerri Aviles [mailto Sent. Saturday, April 25, r0200PM" To: Oscar Romero Cc: Mark Avi�les Subject- Auto Collision and Repair Facility Warning- External Email Hello Mr. Romero, I am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place, t would like for you to provide information as to what exactly"limited industrial" refers to as my understanding of this is that a repair shop most certainly does not fall into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location. This business would sit at the foot of the hill from my home and would impede greatly on the residential quality of 11fe that we have. 1,have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking information related to @[I meetings involving this proposed project. Sincerely, Sent from my iFPhone Oscar Romero From: Kerri Aviles Sent: Thursday, May 28, 2020 8:04 AM To: Oscar Romero CC` Mark Aviles,*Stan Donn; Sue Morassi; Raymond Estrada;Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Follow Up Flag: Follow up Flag Status: Completed Warning, External. Good morining, Email Wanting to make sure everyone gets a good view of the busm' ess that was not mentioned to the west of the prop osed lot. Ye s,here you w*111 see 100 vehicles that come and go all day setting o ff alarm s, using generator power washer to clean the cars,trash, exhaust you name it. Mr. Romero,how come this picture was not m' your slide show? I will make sure to forward it on for those who only got to see the preferred pictures. KeM4 IL l.iJ % lq!I 0 N lq; �N. iN .. ............. 15 V. f 14e P.. 0 INI Hii 41 jai; Ti R .1 V 7.1 a Jill 1%;1 1.;0, ILA 1:11 1:1' j Nn: i NT-Ii; qpj: 3 Pill !-4 Sent from my iPhone On May 27, 2020, at 7-6-41 PM, Kem' Avile wrote: Hello Mr Romero, I must s ay how di s app oi nt*1 ng it was to watch thi s meeting pro c eed with several facts M1 s S 1*ng. I'm a believer in true transparency artd n9ted information Withhtld in particular it was not noted that their IS a very loud and busy business East of this lot when is evidenced by the video I submitted to you yet never discussed during the meeting. Additionally,while all of you suffered from techni c al di fficultie s the public was j umping thro ugh ho op s t ry in g to get co m rn ents submitted and calls logged. I've documented the outcome, the ayes,the business hours promised as well as all of the efforts that will go into place to ensure there is no noice and that"large trees are pl ante d7'to assi st as a buffer I wl 11 forward the information on to he Home Owners Association as well as the management company so that they can remain involved and follow the progre ss and as sl'st 'in as suring there t's ace ountability. Kem' Aviles Sent from my Whone On May 27, 2020,at 4:34 PM, Kerd Avileft���m Sam wrote Hello,before the meeting starts tonight, I am sending two photos and two short videos. The photos/videos are of the lots that will be directly next to the proposed site of the collision and repair shop, What I would like everyone to take note of is the fact that we consi stently have no i se gene rated from vehicle s with the b ack up al arm, generators on and the lot that hous e s the de I ivery van S (wh I Ch i S empty at the moment because the vans are currently out on delivery) uses the car alarms for staff to locate the van they are assigned to. At any Vven time in the mornings, five plus alarms are going off. In addition to all of this, exhaust from these cars is choking our community out, We are strongly opposed to the consideration of this proposed businesst Thank you, Kem* Aviles <image1.jpeg> <image2jpeg> Sent from my I'Phone <Video.MOV> <Video-1.M0V> On May 26,2020, at 9:32 AM, Kerri Good moming Mr. Romero and neighbors, As a reminder tomorrow is the meeting at 6,-OOPM and I hope everyone in the co:nnly follows the progress and stares their c oncerns about the propo' ed building o f another au to c olli s'Ion and repair shop at the base of the community. 2 2020-07-28 Agenda Packet, Page 6,08 of 711 Per the Notice Of Public Hearing letter it states that 'if we want to submit connnents 'in advance we can direct them to Mr. Romero, Mr. Romero will you be collecting and presenting the e-malls that have already been submitted to you? Neighbors if you want to submit comments during the meeting the letter directs you to go to 4 1 https-,//chulavist-,a.gra-nicusideas.com/meetings I encoarage everyone to share this within the community and send Mr. Romero your thoughts as well as participate in the meeting. Thank-you, Kerri Aviles S On Monda , A ril 27, 2020P 04:41-47 PIVI PDT, Kerri Avile' Hello Mr. Romero, Thank you for the link to the Auto Park North Specific Plan. I have had an opportunity to read it and have follow up questions please. On Page 2; 1, H, 1 C-The reference is made that, "The adjacent residential uses to the north require consideration and could lim[t the desirable types of non-residenfital uses of this site."With that being said, yes, our homes are to the north of this proposed project and we would be in opposition of a repair shop at the base of the slope from our hornes. This is extremely undesirable for many reasons to include, noise, pollution, unwanted blight in the form of unsightly vehicles etc. On Page 5; B, 3, M-Permitted uses of this site include; "collision repair as a supporting service to a sales dealership"What dealership will this repair shop be connected to? It appears clear that these areas are intended for car dealers and the collision/repair component is meant to go in conjunction with this and not independently. On Page 6; 11, C-It states; "out door use prohibited.All permitted uses shall be conducted within completely enclosed buildings except for automobile display, inventory parking, parking and loading facillities, dining." I woWd like to know how would a collision and repair shop be able to operate and conduct their business in an enclosed setting? My concerns would be that they wont be doing that and that their repair work will impede on the quality of life that we have in our residential community. On Page B; V-Hours of operation for collision repair are 7-30 AM-6,00 PM Monday-Friday. There is no mention of weekends and I would like to know if this is in fact the case or subject to change? Thank-you for taking the time to answer my questions. Sincerely, 3 2020-07-28 Agenda Packet, Page 6,09 of 711 Kerri Aviles On Mond ay, Apr!127, 2020, 01:44:52 P M P DT, Osca r Ro m ero <oromerogchulavistaca, >wrote: Hi Ms. Alvez, The IP Zoning designation and Ll General Plan designation is itT correct. In add ion to both zoning and the general plan there is also a Specific Plan in this area, noted as the Auto Park North Specific Plan which takes precedence in regard to permitted uses and development standards. Please review the link provided sharing the Auto Park North Specific Plan document. At this time the next step for this project will be a public hearing which you will,:recei%e notice via mail or email if you request. Let me know if the I re are any other comments or questions. Auto Park North Specific P I a n:h ttPS://q i swe b.c h u I av i s ta c a. ov/Zo n e F 1 n d e r/p�(sLS p�!c ifi c P I ans/A utoParkNorth SpecificP Thanks, Oscar Romero Associate Planner City of Chula Vista (619)691-5098 ororneroOD,chulavistacam From: Kerr�Avi e Sent: Monday, .A�", 2020 12-75 PM To: Oscar Romero Cc.- Mark Aviles; Stan Donn; Sue Morass!; Raymond Estrada;Alan Engelhorn Sub ecti-i Re: Auto Collision and Repair Facility 4 2020-07-28 Agenda Packet, Page 6,10 of 711 Warning: External Hello Mr. Romero, E ai I The response you have provIded is confusing and concerning. The i n itial letter th at I received stated that th is location is zo ned as I P -(I ndustria 1)with a ge n era I p la n of I L(Lim ited I nd ustria 1). In reviewing the Industrial Base Zone codes, there is no mention of a business such as a collision and vehicle repair facility falling into the categories described. Has something changed? The information I have describes IP zones as "Intended to create'a campus like environment characterized by comprehensive site design, substantial landscaping and amenities that serve the surrounding development in a manner that preserves the industrial nature of the zones. I P zon es have d ifferent categories to incl ude 1-3 some for office use and light industrial. I am really trying to understand how a collision and vehicle repair shop falls into any of the categories listed?Tow trucks coming and going, loud repair machinery, fumes and exhaust from the work being done etc. Your letter states that an application has been filed with the City.What is the next step?Several of us want to attend all meetings related to this and.remain in oppos�tion of such a business being established at the base of our homes, I look forward to hearing from you. Sincerely, erri v'es On Monday, April 27, 2020, 09-07-13 AM PDT, Oscar Romero <ororneroC@.chuIavistaca.gov> wrotel. Hi Ms. Aviles, I am the project planner and can answer any questions you may have. The project is within the Auto Park North Specific Plan and supportive uses such as Vehicle Collision and Automotive Repair are permitted at this location. The zone for the site is actually Industrial and the General Plan is Limited Industrial. When there is a Specific Planp the uses permitted are no longer limited to the zone but are revi ewed und er the spV.cific p�a n. If you h ave a ny fol low u.iquestions or comment please let me know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 orom ero@ch u lavistaca,gov -----Original Messa e----- ' e From: Kerr!Aviles Sent: Saturday, Aphl P5, To.- Oscar Romero Cc: Mark Aviles Subject:Auto Collision and Repair Facility Warning: External Email Hello Mr. Romero, I am writing you in response to a letter that i received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place. I would like for you to provide information as to what exactly"limIted 4 industriat"refers to as my understanding of this is that a repair shop most certainly does not fall into that category, Myself and the homeowners I have spoken with all strongly oppose .such a business being established at this location. This business would sit at the foot of the hill from my home and would impede greatly on the residential quality of life that we have. I have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seekling information related to all meetings involving this proposed prip Sinoerely, I Kerr!Aviles le'ri Aviles S S f ent from my ent rom my,IIIPhone Oscar Romero From. Kerri Aviles"ON0000ft Sent: Tuesday,June 16, 2020 11:11 AM To: Stan Donn; Oscar Romero Cc: avilestony@yahoo.com Subject, Requesting a copy of the CEQA and slide show presentation from 5/27/20 Follow Up Flag: Follow up Flag Status, Flagged Warning: External Email Good morning,, An appeal has been submitted on behalf of the Robinhood Hood Point home owners that will be directly impacted by the proposed building of the Auto Collision and Repair Facility located at 1880 Auto Park Place,Chula Vista CA. We are requesting a copy of the slide show presention that was provided for the six Commisioners to viewat the meetin on 5/27/20. Additionally, we are requesting a copy of the California Envoronmental Quality Act(CEQA)and need to know the date of when this was conducted. Thank-you, Kerri Aviles Robinhood Point Home Owner son" Oscar Romero From: KerriAvile4offAMONNOW Sent: Wednesday,June 17, 2020 12:12 PM To: Stan Donn; Oscar Romero Cc: PMW=0NftKeIIy Broughton; Steve Power Subject: Re: Requesting a copy of the CEQA and.slide show presentation from 5/27/20 Warning: External Good afternoon, Email I would like to hand deliver the $2 5 0 fee fo r the app eal heari ng that I am requesting, I don't want any farther delays with the City offices being closed etc. Who and where would be the best place to take this check to today.? Thank-you, K�� Aviles On Tuesday, June 16, 2020; 12:55�-08 PM PDT, Kerri AvileaNOMMMENOWrote., I Hello and thank-you for your response. I clicked on the link and it states that the website in unavailable. Is there a another method to request this? Thanks Kerri On Tuesday, J u ne 16, 2020; 11:33,48 AM P DT, Oscar Romero <oromeroachulavistaca.gov>wrote: Good morning Ms.Aviles Please submit a public records request for the slide show and Mitigated Negative Declaration (IS-02-006). The link for I the request [s provIded here, httos://www.chulavistaca.ciov/departments/city-clerk/pg.blic-records. If there are any other questions, please let me know. I Thanks, Oscar Romero Associate Planner City of Chula Vista (619)691-5098 oromero@chulayistaca,gov -----Original Message--- From: Kerri AvIle Sent: Tuesday, J"unel 2020'T"-. -1_AW_ To: Stan Donn; Oscar Romero Cc su�jed eques ing a copy of the CEQA and slide show presentation from 5/27/20 Warning: External Email Good morning, An appeal has been submitted on behalf of the Roblnihood Hood Point home o4ers that Mll be directly impacted by the proposed building of the Auto Collision and Repair Facility located at 1880 Auto Park Place, Chula Vista CA. We are requesting a copy of the slidelhow presention that4s provided for the six Commisioners to vIewat the meetin on 5/27/20. Additionally, we are requesting a copy of the Californ[a Envoronmental Quality Act(CEQA) and need to know the date of when this was conducted. Thank-you, Kern Aviles Robinhood Point Home Owner 2020-07-28 Agenda Packet Page 6,1.5 of 711 Oscar Romero From: Kerri Aviles"Mmonaft Sent: Tuesday,June 23, 2020 2.15 PM To: Tony Cruz; Kelly Broughton;Oscar Romero;CityClerk Cc: Mark Aviles Subject: Appeal time line Follow Up Flag: Follow up Flag Status: Flagged Warning: External Email Hello, I am checking irding my appeal in reference to the Auto Collision Center. I have not heard anything back in regards to ro my question's a�fng; When will this take place? Will in be in a virtual setting and who participates? I have documentation to provide and want to know when is the last day to submit this? There has been no information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the planning meeting was.?30 days from when I submitted the appeal application? Or 30 days from when mycheck was received? 1 do not want to miss any critical time lines and need to ensure my documentation makes it to all of those involved. Thank-you, Kerri Aviles Sent from my ftone 2020-07-28 Agenda Packet, Page 6,16 of 711 F Oscar Romero From: Kelly Broughton Sent: Wednesday,June 17, 2020 2:29 PM To: Kern Aviles Cc: David Bilby;Oscar Romero Subject: Re: Planning commission/corresponclance with O.R. Sorry for the mix up. The finance department has a separate door from the main door to building A. I appreciate you letting me know and again, I apologize for the confusion. Kelly Broughton From: Kerri Avile Sent:Wednesday,June 17.,2020 2:24:28 PM To- Kelly Broughton<kbroughton@chu1av1staca,gov> Cc-David 11311 by<d b I lby@ch u lavista ca.gov>;Osca r Ro me ro<o ro mero @ ch u lavistaca.gov> Subject: Re: Planning cornmission/correspondance with O.R. Warning: External Hello, Email I I am here now and building A is closed. I am here at building E leaving my payment.Staff were uncertain about this and I have d irected them to Kel ly B a nd Osca r R. Thank you Kerr!Aviles Sent frqr my Whone On Jun 17, 2020, at 12:12 PM, Kelly Broughton<kbr0' ughton@chulav1staca.gov>wrote: Good afternoon Mrs,Aviles, You can drop it off at our Finance Department front counter located at the north east.corner of Building A on City Hall campus at 276 Fourth Avenue, Their hours are below. City of Chula Vista I Finance Depa ment Monday-Thursday:9 am-5 pm Friday: 13 am-Noon You may attach a note that it is for payment of an appeal fee and for them to contact me for questions on processing, Kelly Broughton, Director Development Services 2020-07-28 Agenda Packet, Page 6,17 of 711 City of Chula Vista From: Kerri Avi'lestANNOMMUNINO Sent:Wednesday,June 7,, 2020 12:01 PM To: Kelly Broughton<kbroughton@chuIaVi`StaCa.g0V> Subject: Re: Planning commission/correspondance with O.R. Warning: External Hello., Email I I wou Id 11 ke to ha nd de I iver t he a ppea I fee to ensu re the re a ren't a ny co nce rns a bout it a rrivi ng late. Where and who should I take this to? Thank-you Kerri On Friday, June 12, 2020, 12:32:09 PM PDT, Kelly Broughton <kbroughton(c-D-chulavistaca,aov> wrote: P Good afternoon Mrs.Aviles, Unfortunately the appeal fee cannot be waived. ft is a requirement to have a valid appeal and unless received by the CIty by 6/19/20209 the appeal wi[I be considered invalid. The matters you raise in your email will have to be addressed through the appeal hearing process should you decide to proceed. Kelly Broughton, Director Development Services City of Chula Vista From: Kerri Avile Sent: Friday, June 175 2 2 AW To: Kelly Brouqhton <kbrouclhton(6,c;hulavistaca.-gov> Cc Subjed 71anning commission/correspondance with O.R. war6ing-. Exter'al Good morning, Email 1 wanted to share some additional information with you. 2 On 4/25/20, 1 sent Oscar Romero an e-mail stating that we were not in agreement with the proposed business coming in and being built at the base of my home. Other neighbors also reached out. Sue Morass! and Raymond Estrada, there should be e-mails from them as well. On 4/27/20, OscartRo$i�ro responded and citin'%was the zoNng codes for that area are and I was concerned with his response. I responded bac'k'to him and cited information related to those specific zoning codes letting him know this type of business does not meet the requirements. Mr. Romero stated that Auto Park North Specific Plan trumps the zoning codes and that this business does meet the criteria. On 5/26/20, 1 e-mailed Oscar Romero agaln stating our opposition to this proposed business. I will add that with each of his responses, my concern grew and I did not feel he had the interest of the citizens. This began feeling like a business opportunity that was going to get pushed through regardless. Additionally, I have never been a part of a Planning Commission Hearing before and was trying to convey my message to him repeatedly prior to the start of the hearing. There were others who were also reaching out and sending him e-mails. On the day of the hearling, 5/27/20, 1 sent a final e-mail with the photos and short video clips for Oscar Romero to view. I wanted to make sure he had clear information about what he was going to present and that there would be no question about the already existing business located here. I had no idea that he was going to present a slide show for the commissioners and City Attorney to view and would willfully omit the two business that currently exist. There are a total of four parcels below and next to my home. Two already have businesses located on them with over 100 cars. These two existing business were not shown or discussed. It is not my job to make sure that Oscar Romero is doing his job yet I had concerns based on how this was looking that the information was going to be omitted. The Notice of Hearing that was sent to me states that a CEQA was completed.When was this done? Was the CEQA done since the existence of the current businesses that are there or prior to that? Its important to know what the environmental impact is and the impact will be very different if we are comparing open fields or parcels that currently have businesses on them with over 100 vehicles. ;n summary, yes my photos and video arrived after the cut off point but 1.5 hours prior to the hearing. However,we should not even have to be relying on them as Oscar Romero should have had the same information that I provided. He was able to come to my front yard and stand there and take p�ctures for his slide show yet fall to share that there were already existing business in place. Additionally I should not be asked to pay a fee to appeal a decision that was made by commissioners in which very pertinent information was willfully omitted. The commissioners admitted during the hearing that they had NOT even read the City of Chula Vista Auto Park North Specific Plan consisting of 13 pages yet 1, had and I asked very specific questions related to this plan that only Oscar Romero was able to answer. We are currently on the 12th business day post the decision being made and my appeal was submitted on the I Oth busi ness day which is i n accord ance to what the Notice of P u b lic H earing states- The N otice also states to pay a "required fee" however no amount is listed and I was told from the City Counsels office that the fee is$250.00. 1 am asking that this fee be waived at this time due to the lack of transparency and insufficient information provided by City Planner, Oscar Romero to the six commissioners and City Attorney at the Hearing on 527/2020. '4 I look forward to hearing back and moving my concern along. Thanik-you for your time, 16 I I les les Forwarded Message----- 3 From: Aviles, To: Kelly Broughton <kbroughtongchuIavIistaca.qov> Cc: Kerri Aviles"ONMENNOMW Sent: Th u rsd ay,J u ne 11, 2020, 02:54:38 PM P DT Subject: RE: Planning commission Yes this is correct, Prior to the hearing, J took two photos and short video clips of the businesses to the East and West of this proposed lot. I wanted it known that there are currently two businesses that house approxirnately 100-130 vehicles that come and go all day. One lot is used for Amazon delivery and the other has fork lifts and crane type vehicles. Both create a lot of noise, pollut[on and environmental impact to us. DurIng the hearing, the slide show that was shared with the commissioners omitted these facts and obscured the two current businesses from viewing and this information was never provided. Now a wrecking yard also known as the vehicle collision and automotive repair faGility plans to build and operate at the base of my home. We are already choked out from all of the Gurrent business aGfiVity and are very displeased at the lack of transparency with this hearing and the withholding of pertinent information. I submitted a request yesterday to appeal the decision. After my submission I was contacted and told, "make a check payable to the City of Chula Vista for$250 and mail it to the attention of Oscar Romero." The SAME Oscar Romero who presented before the commissioners at this hearing and willfully omitted pert[nent information. I would like to make contact wi�th the City Attorney Michael McDonnell, City Manager Gary Halbert, the six commissioners who were present and whomever oversees the Planning Department. This can not be brushed aside and must be addressed, 1 am adding my personal email here for future corresporidence and really appreciate your assistance. Thank-you! Kerri From: Kelly Broughton <kbroughtongghWavistaca-gop Sent: Thursday, June 11 2020 2:31 PM To: Aviles, Kerri Subject: RE: Planning c mmission Kerri, Staff was able to locate the below web notification submission sent to the attention of the City Council's office. If this is the correspondence you are referring to, let me try and respond. The Public Notice that was provided for the Planning Commission hearing provides two ways to submit information to be provided to, and considered by the Commission. The first way outli nod in the Pu bl ic N otice is before the ager da is publ ished, please contact the Project Manager, Oscar Romero atoromeroachulavistaca.go The second way provided in the Public Notice is"...must be received in the Development Services Department, no later than 6 p.m.the day before consideration.. Pursuant to City email records, your files provided to Mr. Romero were submitted at 4.35 p.m. on the day of the Public Hearing, thereby not meeting either of the above two Public Notice requirements to submit information for consideration by the Commission. Kelly Broughton, Director Development Services City of Chula Vista <imageOO I png> From: Aviles, Kerr! Sent: Thursday, Ju"ne 11 '2MO21": To; Kelly Broughton -*broughtonAch ulav'istaca ov> Subject: RE: Planning commission Warm g: Extteil�- all Thank-you ve much!.. Ema:1 From: Kelly Broughton Sent: Thursday, June..1 To: Aviles, Kerri iiim Subject:- RE: Planning commis ion You are welcorne. I will inquire into your comment submitted on 6/28120. Kelly Broughton, Director Development Services City of Chula Vista From: Aviles, K Sent: Thursday,"une 11, 2020 1:13 P M' To: Kelly Broughton <kbrouc1htonCcDchulavistaca.c _Iov> Subject: RE: Planning commission =74 ' waffli .g: Exte�- al � I Hello, A Emal, Thank-you for your assistance. On 5128/20 1 did log into the City of CV portal and submitted an e-mail to address the commissioners and have never heard back. I need to escalate an urgent concern a nd wi I I reach out to the C fty Attorn ey wh o was a part of the heari ng but wa nted to d o u bl e check who the City Manager was. Thank-you so much! From: Kelly Broughtlan <kbroughton@chulavistac > -Sent: Thursday, June 11, 2020 12:31 PM To: Aviles, Ker"M Subject: RE: Planning commission 6 2020-07-28 Agenda Packet, Page 6,22 of 711 Kerri, The ourrent City Manager is Gary Halbert, his office number im"We"his email address isG Hal bertAch u�avistacajov There is no Director for the City's Ranning Commission. The Chair of the Commission is Gabe Gutierrez. We do not p) j'de inoividua.l wntactIpfor. n of members of City Boards and ou mafv Commissions. Y d1rect correspondence to anning Commission Secretary, Patricia Salvac!on at her fp qi[,-add ress-psa Ivacion@c v and she can transmit that to the Commission. Kelly Broughton, Director Development ServIces City of Chula Vista From: Aviles, Kerr Sent: Thursday,J U"e To: Kelly Broughton <kbroughtonachulavistaca.,qoV> Subject; Planning commission Warm g: Exte' al 4 1 a I He1o, Ema[.1 am looking to obtain the name, phone number and e-mail for the City Manager and the Director for the planniing commission, Thank-you Kerr!Aviles How are we doing? Click on the link to let us know:South Region I-minute Customer Experience Surve <image002-jpg><image003jpg> 7 2020-07-28 Agenda Packet, Page 6,23 of 711 Oscar Romero From: Kerri Aviles Sent. Tuesday,June 23, 2020 5:08 PM To: Tony Cruz; Kelly Broughton-CityClerk; Oscar Romero Cc: Mark Aviles Subject: Re:Appeal time line Warning: External Email Ok thank-you for the clarification, 16 regards to me providing documentation to whom and when 4 should I send this?Will we be working with the satne six commissioners and city attomey? Thank-you Kerri 0 n Tuesday, J u n e 23, 2020, 04:57:20 P M PDT, Oscar Romero<orornero(c-b-ch u lavistaca.gov>wrote: Hi Ms. AvHes, Staff is working on a date for City Council. After submittal of an appeal, Staff has 30 days from the final appeal date to schedule a public; hearing with the City Clerk's office. I n doing so, this does not mean the meeting must be held within the 30-day tim f but,mainly schedul!p-Lq..� 8. YV0%i we schedule a date, Staff is required to send a notice of public;hearing for a 1 0-day eview period, at which time you and other residents may provide comments in regard to the project. Due to the current process for public hearings I believe the meeting will be virtual similar to the last public hearing. Let me know if you have any other comments or questions in regard to the process. Thanks, Oscar Romero Associate Planner City of Chula Vista (619)69 1�5098 oromero(EDchulavistaca.,gov ___"�Original Mess*ae---,, From, Kerri Avile u Sent, Tuesday, June ]VI ToR Tony Cruz; Kelly Broughton; Oscar Romero; CityClerk Cc: Mark Aviles Subject: Appeal time line Warning: External Email Hello, I am checking regarding my appeal in reference to the Auto Collision Center. I have not heard anything back in regards to my questions asking; When will this take place? 2020-07-28 Agenda Packet, Page 6,24 of 711 Will in be in a virtual setting and who participates? have documentation to provide and want to know when is the last day to sul)nnit this? 44 There has been no information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the planning meeting was? 30 days from when I submitted the appeal application? Or 30 days from when mycheck was received? I do not want to miss any critical time lines and need to ensure my documentation makes it to all of those involved. Thank-you, i Avile 1 Sent frorn my Phone r i- Oscar Romero From: Kerri AvilesfAINNIIINN11011ft Sent: Friday,June 26, 2020 4:55 PM To: Oscar Romero .,Cc: Tony Cruz; Kelly Broughton;GtyClerk; Mark Aviles Subject: Re-,Appeal time line Follow Up Flag: Follow up Flag Status: Flagged Warning: External Email Hello.1 I a m checki ng ba ck rega rd 1 ng th Is.Si nce I a m the one who a p pea led a nd pa id the$250 fee, why wo uld Wt a 11 of these details be made specific to me opposed to a notice of public hearing? I wa nt to make very sure that all of my d ocu me ntation a nd con ce rns get add ressed witho ut inte rru ptio n a nd with un i nte rrupted ti me. I would appreciate all dates related to the scheduling of this,who will in attendance,what will be the tirne frame and format to provide all documentation as there will be several page's to review. I am a Iso in need of the rn i nutes from th e 5/27/20 hea ri ng.Th ey were not previo usly ava i la ble so I a m ch ecki ng back. Thank-you, Kerri Aviles Sent from my iPhone >0 n J u n 2 3) 2020.p at 4:57 PM,,Osca r Rom ero<o rome ro @ ch u lavistaca.gov>w rote: > Hi Ms.Aviles, >Staff 1 s worki ng o n a date fo r City Co u ncil.After su bm itta I of a n a p pea 1,Sta ff ha s 30 d ays from the fl na I a p pea]date to schedule a public hearing with the City Clerk's office. In doing so,this does not mean the meeting must be held within the 30-day time frame but mainly scheduled.When we schedule a date,Staff is required to send a notice of public hearing for a 10-day review period, at which tirne you and other residents may provide comments in regard to the project. Due to the current process for public hearings I believe the meeting will be virtual similar to the last public hearing. Let me know if you have any other comments or questions in regard to the process. >Thanks, >Oscar Romero >Assoc late Pla n ne r >City of Chula Vista >(619) 691-5098 >oromero@chulavistaca:.gov >---original Message--- r > From: Kerd AvIle >Sent-.Tuesday,June 23, 2020 2:15 PM >To:Tony Cruz; Kelly Broughton; Oscar Romero; CityClerk >Cc: Mark Aviles >Subject: Appeal time line >Warning: External Email > H-ello., > I am checking regarding my appeal in reference to the Auto Collision Center. I have not heard anything back in regards to my questions asking; >When will this take place? >WI I I i n be i n a vi rtua I setti ng a nd wh a pa rtic!pates? >I have doc u mentatio n to provid e a nd wa nt to know wh e n is t he last d ay to su bm it th Is? >There has been no information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the pla nn 1 ng m eeti ng was?. 30 days fro m whe n I su bm itted the a ppea I a ppl icatio n? Or 30 days from when mycheck was received? >I do not wa nt to m Iss a ny c ritica I ti me 11 nes a nd need to e nsu re rny docu mentatio n ma kes it to a 11 of those 1 nvo Wed. > >Thank-you, >Kerri:Aviles >Sent from my Whone Oscar Romero From: Kerri Avilesimmumnaft Sent: Wednesday,July 01,2020 9-W05 AM To: Oscar Romero Cc: Tony Cruz- Kelly Broughton;CityClerk, Mark Aviles Subject. Re.-Appeal time line Follow Up Flag* Follow up I!ft�Aagged Flag Status-* Warning.. External Good moming, Email I I atn following up regarding the questions I asked on June 26th. This 'is an appeal that I requested and I do not want to be lutnped into whatever process the general public will be provided. I made tWs request, I paid this fee and I want to know specifics well 'in advance as to what the next steps are. I have completed the written appeal along with attachments to provide and need to know that this infonnation hits the desk of all parties well in advance. Will this appeal consist of the City Council members along with the Commissioners? Thank-you, Kerri Aviles On Frid ay, J u ne 26, 2020, 04:54.-38 P M PDT, Kerr!Avi les <,rnanqosmama('gDyahoo.com>wrote: Hello, I am checking back regarding this. Since I am the one who appealed and paid the$250 fee, why woul:dn't all of these details be made specific to rne opposed to a notice of public hearing? I want to make very sure that all of rny documentation and concerns get addressed without interruption and with uninterrupted tinne. I would appreciate ali dates related to the scheduling of this, who will in attendance,what will be the time frame and I format to provide all documentation as there will be several pages to review. I am "aim in need of the minutes from the 5/27/20 hearing. They were not previously available so I am checking back. Thank-you, Kerri Aviles Sent from my Phone >On J u n 2 3; 2020 p at 4:5 7 PM, Oscar Rom ero<oromero(&,ch u lavistaca.go >wrote > > Hi Ms.Aviles, >Staff�s working on a date for City Council, After submittal of an appeal, Staff has 30 days from the final appeal date to schedule a public hearing with the City Clerk's office. In doing so, this does not mean the meeting must be held within the I 30-day time frame but mainly scheduled.When we schedule a date, Staff is required to send a notice of public hearing for a I 0-day review perlod, at wh ich ti rn e you a nd other residents may provide comm ents in rega rd to the proj ect. Du e to the cu rrent process for pu bl ic hearings I bel 1 eve the m eeti ng wi 11 be virtua I si mi la r to the last public hearing Let me know if you have any other comments or questions in regard to the process. > >Thanks, >Oscar Romero >Associate Planner >City of Chula Vista > (619)691-5098 >oromeroCa�,chulavjstaca.gov > -----Original Messa e----- > From: Kerr!Aviles ieW. M > Sent: Tuesday, June F > To: Tony Cruz; Kelly Broughton; Oscar Romero; CityClerk 1 > Cc: Mark Aviles > Subject: Appeal time line >Warning: External Email > Hello, i > I am checking regarding my appeal in reference to the Auto Collision Center. I have not heard anything back in regards to my q u est!ons @ski ng; > >When will this take place? >Will in be in a virtual setting and who participates? > > I have documentation to provide and want to know when is the last day to submit this? > >There has been no information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the planning meeting was? 30 days from when I submitted the appeal application? Or 30 days from when mycheck was received? > I do not want to miss any critical time lines and need to ensure my documentation makes it to all of those involved. > >Than k-you, > > > Sent from my Phone 0 2 Oscar Romero From: Kern Aviles Sent, Wednesday,Ju Pyy0l,2020 9:-OS AM To. Oscar Romero Cc: Tony Cruz; Kelly Broughton;CityClerk; Mark Aviles Subject: Re,Appeal'.*e line Follow Up Flag: Follow up Flag Status: Flagged Warning. External Good morning, Email I am following up regarding the questions I asked on June 26th. This is an appeal that I requested and I do not want to be lumped 10 nto whatever process the general public will be provided. I made this request, I paid this fee and I want to know specifics well in advance as to what the next steps are. I have completed the w-ritten appeal along with attachments to provide and need to know that this information hits the desk of all parties well in advance. Will thi s app e al cons i st of the City Counci 1 memb ers al ong with the Commi s sioners? Thank-you, Kurt' Aviles On Friday, June 26, 2020, 04-54:38 PM PDT, Kerri AvileVENININWaWwrote, Hello� 4 I arn checking back regarding this. Since I am the one who appealed and paid the$250 fee,why wouldn't al�of these details be made specific to me opposed to a notice of public hearing? I want to make very sure that all of my documentation and concerns get addressed without interruption and with uninterrupted time, I would appreciate all dates related to the scheduling of this,who will in attendance, what will be the firne frame and format to provide all documentation as there will be several pages to review, I ann also in need of the minutes from the 5/27/20 hearing. They were not previously available so I am checking back. Thank-you, Kerri Aviles Sent from my iPhone >On J u n 23 P 2020, at 4:57 PIVI, Oscar Romero <oromeroach u lavistaca.go > wrote: > > Hi Ms.Aviles, >Staff is working on a date for City Council. After submittal of an appeal, Staff has 30 days from the final appeal date to schedule a public hearing with the City Clerk's office. I n doing so, this does not mean the meeting must be held within the 2020-07-28 Agenda Packet, Page 6,30 of 711 30-day time frame but mainly scheduled.When we schedule a date, Staff is required to send a notice of public hearing for a I 0-day review period, at wh ich t1m e you a nd other resid ents may provide com me nts in regard to the proj ect. Due to the current process for public hearings I believe the meeting will be virtual similar to the last public hearing. Let me know if you have any other comments or questions in regard to the process. >Thanks, It > Oscar Romero >Associate Planner > City of Chula Vista > (619)691-5098 >oromero@chulavistaca.gov >-----Original Message----- > From: Kerr!Avileo >Sent: Tuesday, J >To: Tony Cruz; Kelly Broughton; Oscar Romero; CityClerk > Cc: Mark Aviles >S ubject:Ap pea I tim e.H n e > >Warning: External Email > > > I am checking regarding my appeal in reference to the Auto Collision Center. I have not heard anything back in regards to my q u estions as ki ng; > >When will this take place? > >Will in be in a virtual setting and who participates? > > I have d ocurnentatio n to provide and want to know when is thtast day t6.su bm it th is? > >There has been no Information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the planning meeting was? 30 days from when I submitted the appeal application? Or 30 days from when mycheck was received? > > I do not want to miss any critical time lines and need to ensure my documentation makes it to all of those involved. >Thank-you, > >Sent from rny Plhone 2 2020-07-28 Agenda Packet, Page 6,31 of 711 Oscar Romero From: Kerri AvIIeft=Nff4PM Sent: Thursday,July 02, 2020 5:35 P To: Oscar Romero Subject., Re:Appeal time flne Warning. External Hello, Email Thank you for the update I apprec ate the infonnation and will look fo rward to the meeting Kem' Sent from my I'Phone 0 n J al 2� 2 020, at 4:3 8 PM 0 scar Romero <.oro rnero @chu lav*1 stac a..gov>wrote Hellc Ms.Aviles,, I ca n p rovi d e 1 nfo rm atio n rega rd i ng t h is p roject a s it be co m es ava i I a bI e. At th is tim e we have te ntat ively scheduled the City Council date for July 28t�,, 2020 at 6prn with the same online format as was previousty used for the Planning Commission hearing on May 27 th� 2020.The Appeal will be heard by the City Councfl, the Planning Commission will not be part of this public hearing. Let me know of any other questions you may have. Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 69-1-5098 oromeroA.chulavistaca. ....... ... Al-,�� .............. From: Kerr! Avild� N Sent: Wednesday,July 01, 2020 9:05 AWIM To: Oscar Romero Cc: Tony Cruz,- Kelly Broughton; CityClerk; Mark Aviles Subject: Re: Appeal time line Warning: External Good moming, Email I am following up regarding the questions I asked on June 26th. This is an appeal that I requested and I do not want to be lumped into whatever process the general public w'111 be provided. I made this request, I paid this fee and I want to know specifics well in advance as to what the next steps are, I have completed the written appeal aloog with attachmentsjo.p 'de and need to know that this information hits the desk of all parties well in advance. Will this appeal consist of the City Council members along with the Commissioners? Thank-you, Kem* Aviles On F riday, J u ne 26, 2020, 04:54138 P M PDT, Kerr!Avi les"EMIMUNWrote., Hello, I am checking back regarding this. Since I am the one who appealed and paid the$250 fee, why wouldn't all of these details be made speGific to me opposed to a notice of public hearing? I want to make very sure that all of my documentation and concerns get addressed without interruption and with un[nterrupted time, I would appreciate all dates related to the scheduling of this, who will in attendance, what will be the time frame and format to provide all documentatlon as there will be several pages to review. I am also in need of the minutes from the 5/27/20 hearing. They were not previously available so I am checking back. Thank-you, Kerri Aviles Sent from my iPhone >On Jun 23, 2020) at 4:57 PM, Oscar Romero<promero&chulavistacajo >wrote: > > H! Ms. Aviles, > > Staff is working on a date for City Council. After sdbrnittal of an appeal, Staff has 30 days from the final appeal date to schedule a public hearing w[th the City Clerk's office. In doing so,this does not mean the -meeting must be held within the 30-day time frame but mainly scheduled. When we schedule a date, Staff is required to send a notice of public hearing for a I 0-day review period, at which time you and t. r other residents may provide comme in regard to the project. Due to the current process for public hearings I believe the meetIng will be virtual similar to the last public hearing, Let me know if you have any other comments or questions in regard to the process. > >Thanks, > > Oscar Romero >Associate Planner > City of C h u[a Vista > (619).691-5098 >oromeroCa).chulavistaca.,gov > > >-----Original Messa e----- > From: Kerri Aviles >Sent: Tuesday, Jui*IA, P P. PME 2 > To: Tony Cruz; Kelly Broughton; Oscar Romero; CityClerk > Cc.- Mark Aviles > Subject: Appeal time line >Warning: External Email > Hello, > I am checking regarding my appeal in reference to the Auto Collision Center. I have not heard anything back in regards to my questions asking; >When will this take place? >Will in be in a virtual setting and who participates? > I have documentation to provide and want to know when is the last day to submit this? > There has been no information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the planning meeting was? 30 days from when I submitted the appeal application? Or 30 days from when mycheck was received? > I do not want to miss any critical time lines and need to ensure my documentation makes it to all of those involved. > Thank-you, > > Sent from my Phone AA 3 Oscar Romero From: Oscar Romero Sent: Thursday,July 02, 2020 4:39 PM To: Xerri Aviles' Cc: Tony Cruz; Kelly Broughton;CityClerk; Mark Aviles; Steve Power; Stan Donn Subject: RE:Appeal time line Hello Ms.Aviles, I can provide information regarding this project as it becomes available.At tWs time we have tentatively scheduled the City Council date for July 28 Ih 1 2020 at 6pm with the same online format as was previously used for the Planning Conn m ission hearing on May 271h, 2020.The Appea I wil I be heard by the City Council,the Pla nning Comm ission will not be part of this public hearing. Let me k now of a ny oth e r q uestio n r,yo u rn ay h ave. Al�a& Th a ntl Oscar Romero Associate Plamier City of Chula Vista (619) 691-5098 oromerogcbuIavi'stqcq.jaoV V"V:114.1 N U U U V V I 1 1.111.1 a W� ...... ........ From: Kerr! Avil Sent: Wednesday,July 01, ZUZU%JEMU.5 AM To: Oscar Romero Cc: Tony Cruz; Kelly Broughton; CityClerk; Mark Aviles Subject: Rem. Appeal time line Warning External Good monu'ng, Email I am follow ing up re garding the que stions I asked on Yune 2 6th. This i s an app eal that I reque sted and I do not want to b e lumped into whatever proce ss the general public will b e prov ide d. I made thi s reque st, I p aid this fee and I want to know specifics well in advance as to what the next steps are, I have completed the written appeal along with attachments to provide and need to know that this information hits the desk of all parti"es well in advance. 11 Will thi s appeal c ons*1 st o f the C.Ity C ouncil members al on g with the C ommis s toners? Thank-you, Kem' Aviles On Frida yj J u ne 26, 2020, 04:54,38 P M P DT, Kerr!AvileMINNIMMMUNWrote.1 I Hello, I am checking back regarding this, Since I am the one who appealed and paid the $250 fee, why wouldn't all of these details be made specific to me opposed to a notice of public hearing? I want to make very sure that all of my documentation and concerns get addressed without interruption and with uninterrupted time. I would appreclate all dates related to the scheduling of this, who will in attendance,what will be the time frame and format to provide all documentation as there will be several pages to review. I am also in need of the minutes from the 5/27/20 hearing. They were not previously available so I am checking back. Thank-you, Kerri Aviles Sent from my!Phone >0 n J u n 23, 2020, at 4:57 PK Oscar Romero <orornero(�Uhu lavistac-a.go >wrote: > H1 Ms. Aviles, > >Staff is worki ng on a date for City C ounci I- After s u b mitta I of an appeal, Staff has 30 days from the f Ina I appea I date to schedule a public hearing with the City Clerk's office. 1:n doing so, this does not mean the meeting must be held within the 30-day time frarne but mainly scheduled. When we schedule a date, Staff is required to send a notice of public hearing for a I 0-d ay revi ew period 5 at which ti me you a nd other resid ents may provide com m ents i n regard to the project. D ue to the current process for public hearings I believe the meeting will be vIrtual similar to the last public hearing. Let me know if you have any other comments or questions in regard to the process. >Thanks, >Oscar Romero >Associate Planner >CIty of Chulq V' >(619) >oromeroAchu lavistaca-gov > > >---Original Messa e----- a > From: Kerri Avil >Sent: Tuesday, June 23, 2020 2:15"PONOW >To: Tony Cruz; Kelly Broughton; Oscar Romero; CityClerk >Cc: Mark Aviles i >Subject: Appeal time line > >warning: External Emai1i > Hello, > T > I am checking regarding my appea in reference to the Auto Collision Center. I have not heard anything back in regards to my questions asking; > >When will this take place? >Will in be in a virtual setting and who participates? > I have documentation to provide and want to know whinn is the last day to submit this'? A 2 2020-07-28 Agenda Packet, Page 6,36 of 711 > > There has been no information provided as to what kick starts the 30-day appeals process. Is it 30 days from when the planning meeting was? 30 days from when I submItted the appeal application? Or 30 days from when myrheck was received? > I do not want to miss any critical time lines and need to ensure my documentation makes it to all of those involved, >Thank-you, > Kerri Aviles >Sent from my Phone 2020-07-28 Agenda Packet, Page 6,37 of 711 Oscar Romero From: Robert Ell'is Sent: Monday,J u ne 22, 2020 11, 7 AM To: CityClerk; Oscar Romero Subject: Hearing notice for 1880 Auto Park Place Follow Up Flag: Foliow up Flag Status: Flagged Warning-. External https://www.ga.nsw.gov.au/—/media/EPA/CoKporate`/`2OSite/resources/clm/200877—Auto—Service .4-wail air,ashx I am a homeowner in the Robinhood P oint C ommunity in S tephen Pad i flas d i strict. I am in oppos ition o f the proposed collision center business to be built at 1880 Auto Park PLace, Chula Vista CA. At the 5/27/20 Planning Commission Hearing, information was not properly submitted to city representatives in regards to businesses that are already in existence in that area and the commissioners voted with only partial facts. The link Prov ide d.ab ove o ffers some particular insights that shoul d be c onsidere d for the propo sed busine ss type in view of the current businesses operating in an area that was once considered a SupefFund pollution site. Thank You, Robeit B. Ellis Director, Robinbood oint Homeowners Associate 2020-07-28 Agenda Packet, Page 6,38 of 711 Oscar Romero From: Raymond Estra Sent: Tuesday, May 26, 2020 731 PM To: Oscar Romero; 'Kerri Aviles' Cc: Mark Aviles; Stan Donn; Sue Morassi;Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Warning: External Good evening, Mr, Romero. My name is Raymond Estrada,OMEN="and a resident Email that will be severely impacted by the proposed construction of an auto repair facility in close proximity to our quiet neighborhood. My wife and I have resided here since 1979. At that time Hyspan Industries was operating a steel product plant within a couple of hundred yards from us and the noise levels were horrendous. They operated outdoors with impunity as noise abatement enforcement by the city's code enforcement officers was In onexiste nt. I spe hfa cou p I e of yea rs a n d m a ny meetin gs with city offici als i n cl ud i ng then M ayor G reg Cox wh o 1 nte rve n ed a A co nvi nced H yspa n to A I*y th e c ity o rd na n ce to con d uct a 11 work activity 1 n d oors. There is currently a steel plant which generates unacceptable noise levels and thus far,the City has failed to curb their noisy operation. The plant is next door the the Chula Vista Public Works Department!1. Code enforcement officers I contacted to complain advised me they could not take the complaint without the business address although they were within feet of the problem. An auto collision and repair facility will only generate more noise at industrial levels that will destroy the peace and tranquility of this area. I personally suffer from heart and blood pressure problems that would be exacerbated by this type of disruption and health hazard. I do not intend to move. This business can easily be relocated. There Is already an auto collision repair center on Main Street across from the Ford dealership. Th e City of Ch u la Vista e m ployees sh o u ld work as h a rd for th e resi d ents of th e city a s they d o for th e b us!ness owners who seldom reside here. Protect the citizens frorn blights forming within the community instead of j u stifyi ng th e existen ce of noise pol I ution a n d d is regard fo r envi ro n m e nta I protect 1 o n sta nd a rd s which a re already in placel. Raymond Estrada SOMME" From:Oscar Romero<oromero@chu1avistaca.gov> Sent:Tuesday, May 26.,2020 11-615 AM To:'Kerri Avile Cc: Mark Avile Stan Donn.<Sdonn@chuIavistaca.gov>;Sue Morass! Raymond Estr d �W==M====MW�Alan Engelhorn '"�S_Iti bject:RE:Auto Col I ision an d Rep a i r Faci I ity H! Mrs. Aviles, Yes, I will provide the emails sent earlier to the Planning Commission as well as any new ones that may come in.As a follow up, I have responded to the questions and statements posed in the earlier email and provilded here for your review+ th Response to Mrs. Kerr!Aviles email on April 27 1) This project is a permitted use,the discretionary permit under review is the Design of the building and-site, not T the use.This project will require a public hearing possibly on May 27 9 and will provide an opportunity for public input and consideration on this project.As for environmenta I review of this project,the site and the use have been reviewed and approved under Mitigated Negative Declaration IS-02-006. 2) The categories for uses are Automobile Sales,Automobile Inventory Parking, and Supporting Services which have specific permitted uses that are allowed and not dependent of the other. Unde'r5uppo r ng Services, Mcollision repair" is a use that is permitted and not required to be part of a specific dealershi#but instead p rovid es a S u ppo irtive Service to the Auto Pa rk No rt h a rea. 3) The proposed building will accommodate vehicle access and conduct all operations indoors, 4) The hours of operation proposed are consistent with those mentioned. Thanks, Oscar Rornero Assoct'ate Planiaer City of Chula Vista (619) 691-5098 orome-ro@chulavistacFt.gov ................ .................. ...... From: Kerr!Avilean - Sent: Tuesday, May 26, 2020 9:33 To: Oscar Romero Cc: Mark Aviles; Stan Donn;. Sue Morassi; Raymond Estrada-, Alan Engelhorn Subject., Re: Auto Collision and Repair Facility Warnin.g.- External Good moming Mr. Romero and neighbors, Email I As a reminder tomorrow is the meeting at 6:OOPM and I hope everyone in the community follows the progress and shares their concems about the proposed bud1ding of another auto collision and repair shop at the base of the connnunity. Per the Notice Of Public Hean*ng letter it states that if we want to submit connnents I*n advance we can d1'rect them to Mr. Ro mero. Mr. Romero will you be c ol I ecting and pre$enting the e-mal,I s that have alre ady been submitted to you? Neighbors if yo u w9t to submit comment0du ag the nieet' th md efter directs yos to go to M9 V httptllchulav'lsta.granicusid&s.com/meetings I encourage everyone to share this witbin the community and send Mr. Romero your thoughts as well as participate 'in the meeting. 2 Thank-you, Kcm' Aviles On Monday, April 27, 2020, 04-41,47 PM PDT, Kerri AvilevownNEWN00 wrote: Hello Mr. Romero, Thank you for the link to the Auto Park North Specific Plan. I have had an opportunity to read it and have follow up questions please. On Page 2; 1, H, I C-The reference [s made that, " The adjacent residential uses to the north require consideration and could limit the desirable types of non-residential uses of this site,"With that being said, yes, our homes are to the north of this proposed project and we would be in opposition of a repair shop at the base of the slope frorn our hornes. This is extremely undesirable for many reasons to include, noise, pollution, unwanted blight in the form of unsightly vehicles etc. On Page 5; 13� 3, M-Permitted uses of this site include; "collision repair as a supporting service to a sales dealership" What dealership will this repair shop be connected to? It appears clear that these areas are intended for car dealers and the collision/repair component is meant to go in conjunction with this and not independently. On Page 6; 11, C-It states; "out door use prohibited.All permitted uses shall be conducted within completely enclosed buildings except for automobile display, inventory parking, parking and loading facilities,dining." I would like to know how would a collision and repair shop be able to operate and conduct their business in an enclosed setting? My concerns would be that they wont be doing that and that their repair work will impede on the quality of[ife that we have in our residential community. On Page 8; V-Hours of operation for collision repair are 7:30 AM-6:00 PM Monday-Friday. There is no mention of weekends and I would [Ike to know if this is in fact the case or subject to change? Thank-you for taking the time to answer my questions. Sincerely, K rd Iii On Monday, April 27, 20205 01:44:52 PM PDT, Oscar Romero <orornero@chuIavi1staca.gov>wrote: Hi Ms. Alvez, The IP Zoning designation and Ll General Plan designation �s correct. In add' iflon to both zoning and the general plan there is also a Specific Plan in this area, noted as the Auto Park North Specific Plan which takes precedence in regard to permitted uses and development standards. Please review the link provided sharing the Auto Park North Specific Plan document. At this time the next step for this project will be a puNC hearing which you will receive notice via mail or emall if you request. Let me know if there are any other comments or questions. Auto Park North Specific PIan.'httr)s://gisweb.chulavistaca-gov/ZoneFinder/pdfs/Specif!cPlans/AutoParkNorth SpecificPl Thanks, Oscar Romero Associate Planner CIty of Chula Vista (619) 691-5098 oromero@chulavistaca.gov 3 From: Kerri Avi19MNft", ,WPMNft Sent: Monday, Aporril 27,. 202 To: Oscar Romero Cc: Mark Aviles; Stan Donn; Sue Morassi; Raymond trada; Alan Engelhorn Subject: Re: Auto Collision and Repair Facility Warning: External Hello Mr. Romero, Ernaft The response you have provided is confusing and concerning. The initial letter that I received stated that this location is zoned as IP (industrial) with a general plan of IL (Limited Industrial). In reviewing the Industrial Base Zone codes, there is no mention of a business such as a collision and vehirle repair facility falling into the categories described. Has something changed9i The information I have describes IP zones as "Intended to create a campus like environment characterized by I comprehensive site design, substantial landscaping and amenities that serve the surrounding development in a nnanner that preserves the industrial nature of the zones. IP zones have different categories to include 1-3 some for office use and light industrial. I am really trying to understand how a collision and vehicle repair shop falls into any of the categories listed? Tow trucks coming and going, loud repair machinery,fumes and exhaust from the work being done etc. Your letter states that an application has been filed with the City.What is the next step? Several of us want to attend all meetings related to this and remain in opposition of such a business being established at the base of our homes. I look forward to hearing from you. Sincerely, Kerri Aviles On-MOA ay, Apr!127,2 020 09:07:13 AM P DT3 OSGar Romero <oromero@chuIavistaca.gov>wrote: Hi Ms. Aviles, I I am the project planner and can answer any questions you may have. The project is within the Auto Park North Specific Plan and supportive uses such as Vehicle Collision and Automotive Repair are permitted at this location.The zone for the site is actu a Ily I ndustrial and the Genera I Pla n is U mited Ind ustrial. When there is a Specific Plan, the uses permitted are no longer limited to the zone but are reviewed under the specific plan. If you have any follow up questions or comment please let me know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619)691-5098 oromerodchulavistaca-gov ""---O(i inal Messa e----- From: Kerri Aviles S Saturday, Ap"n ent To: Oscar Romero Cc: Mark Aviles Subject: Auto Collision and Repair Facility 4 Warning., External Erpail Hello Mr. Romero, I am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place. I wo u Id I ike for yo u to provide information as to what exactly"I im ited ind ustri al" refers to as my u nd ersta nd ing of this is that a repa�r shop most certaInly does not fall into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location. This bu siness wou Id s it at th e foot of th e h il I from my ho me and wo u Id im pod e greatly on th e res identi a I q u a lity of life that we have. 1 have notified the Board of Directors and have asked that they immediately assist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, ItS s Sent from m!y1lPhone 5 2020-07-28 Agenda Packet, Page 6,43 of 711 Oscar Romero From: Rayrnond Estradalmommus Sent: Tuesday, May 26,2020 7:31 PM To: Oscar Romero* 'Kerri Aviles' Cc: Mark Aviles; Stan Donn; Sue Morassi;Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Warning, External 600d evening, Mr. Romero. My name is Raymond Estrada, and a resident EmfflH NNOMME" Li that will be severely impacted by the proposed construction of an auto repair facility in close p roxi m ity to ou r q u Iiet neigh borh ood- My wife and I have resided here since 1979. At that time Hyspan Industries was operating a steel product plant within a couple of hundred yards from us and the noise levels were horrendous. They operated outdoors with impunity as noise abatement enforcement by the city's code enforcement officers was nonexistent. I spent a couple of years and many meetings with city officials including then Mayor Greg Cox who intervened and convinced Hyspan to abide by the city ordnance to conduct all work activity indoors. There is currently a steel plant which generates unacceptable noise levels and thus far,the City has failed to curb their noisy operation, The plant is next door the the Chula Vista Public Works Department 1.1 Code enforcement officers I contacted to complain advised me they could not.take the complaint without the business address although they were within feet of the problem. An auto�olfision and repair facility will only generate more noise at industrial levels that will destroy the peace and tranquility of this area. I personally suffer from heart and blood pressure problems that would be exacerbated by this type of disruption and health hazard. I do not intend to move. This business can easily be rell ocated. Th e re i s al read V a n a uto col 11 sio n re pa i r ce nte r on M a i n St reet across from th e Ford dea lersh 1 p. Th e City of Ch u I a Vista em p I oyees s h o u Id wo rk a s h a rd for t he residents of th e city as th ey d o for th e b usi n ess owners who seldom reside here. Protect the citizens from blights forming within the community instead of j ustifyi ng t h e existen ce of n olse poll I ution an d d is rega rd for envi ro n menta I protect 1 on sta n d a rds wh ich a re already in placel RKa monda Estrada i i:�.n a n m�i uLu*�.�4�"ti I�I I N K r#mdM I H+H a I M Hzhawobxh�w YfAvaVo%pe.WXJ*F:�MrAUMNM Ki�NM#W I�HUM M I Mi I M tM JH M 1:M H HLN4%1�:WW P HWN*Wh�.� From:Oscar Romero<oromero@chu1av1istaca.gov> Sent:Tuesday, May 26,2020 11:15 AM To: 'Ke rri Avi les'<m angosmam a @ya hoo.com> Cc: Mark Avil Stan Donn <Sdonn@chu1avistaca.gov>; Sue Morassil Raymond Est da Alan Engelhorn Subject: RE: Auto Collision and Repair Facility Hi Mrs. Aviles, 2020-07-28 Agenda Packet, Page 6,44 of 711 Yes, I will provide the ema Ns sent ea rl ier to the Pla nning Commission as wel)as a ny new ones that may come i n.As a foliow up, I have responded to the questions and statements posed in the earlier erna H and provided here for your review. Response to Mrs, Kerri Aviles ennall on April 27t�. 1) This project is a permitted use,the discretionary permit under review is the Design of the building and site, not the use.This project will require a public hearing possibly on May 27" and will provide an opportunity for public input and consideration on this project.As for environmental review of this project,the site and the use have been reviewed and approved under Mitigated Negative Declaration IS-02-006, 2) Th e catego ries fo r u ses a re Autom o b I I e Sa I es,Auto rn o b!le I nve ntory Pa rki ng, a nd S u p po rti ng Services wh ich have specific permitted uses that are allowed and not dependent of the other. Under Supporting Services, 11collision repair' is a use that is permitted and not required to be par#bf a specific de.alerk'hio but instead provides a Supportive Service to the Auto Park North area. 3) The proposed building will accommodate vehicle access and conduct all operations indoors. 4) The ho u rs of o pe ratio n p ro posed a re co nsiste nt with those me ntio ne d Thanks, Oscar Romero Associate Pla:micr City of Chitha Vista (619) 691-5098 oromero@chufavistaca.gov ................ From: Kerr!Aviles= Sent:Tuesday, May 26., 2020 9.-3 3 AM To: Oscar Romero Cc: MarkAviles; Stan Donn; Sbe Morassi; Raymond Estrada; Alan Engelhorn Subject: Re: Auto Collision and Repair Facility Warning., External. Good moming Mr. Romero and neighbors, Ema I As a reminder tomo rrow 1 s the meeting at 6:00 PM and I hop e eve-ryone in the community follows the progre s s and shares their concenns about the proposed buildm' g of another auto collision and repair shop at the base of the community. Per the Notice Of Public Heafing letter it states that if we want to submit conunents in advance we can direct them to Mr. Romero. Mr. Romero w 0111 you b e collecting and pre sent ing th e e-malls that have already been submitted to you? I U- - Aent%*ning the meet' g the letter dire+ ou to go to N-:9ighbors if you watit IV submit col� hitp s:Hchulavi sta.granicus ideas.conVmeefings I encourage everyone to share this within the community and send Mr. Romero your thoughts as well as participate in the tnecting. 2020-07-28 Agenda Packet, Page 6,45 of 711 Thank-you, Kerri Aviles On Monday, April 27p 2020; 04-41-47 PIVI PDT, Kerr! Avile4�_. MENNINWrote: Hello Mr. Romero, Thank you for the link to the Auto Park North Specific Plan. I have had an opportunity to read it and have follow up questions please. On Page 2; 1, H, 1 C-The reference is made that, " The adjacent residential uses to the north require consideration and could limit the desirable types of non-residential uses of this site."With that being said, yes, our homes are to the north of this proposed project and we would be in opposition of a repair shop at the base of the slope from our homes. This is extremely undesirable for many reasons to include, noise, pollution, unwanted blight in the form of unsightly vehicles etc. On Page 5; B, 3, M-PermItted uses of this site include; "collision repair as a supporting service to a sales dealership" What dealership will this repair shop be connected to? It appears clear that these areas are intended for car dealers and the collisionlrepair component is meant to go in conjunction with this and not independently. On Page 6; 11, C-It states; "out door use prohibited. Ail permitted uses shall be conducted within completely enciosed buildings except for automobile display, inventory parking, parking and loading facilities, dining." I would like to know how would a collision and repair shop be able to operate and conduct their business in an enclosed setting? My concerns would be that they wont be doing that and that their repair work will impede on the quality of life that we have in our residential cornrnunity. On Page 8; V-Hours of operation for collision repair are 7:30 AM-6:00 PIVI Monday-Friday.There is no mention of weekends and I would like to know if this is in fact the case or subject to change? Thank-you for taking the time to answer my questions. Sincerely, Kerri Aviles On Monday, April 27, 2020, 01:44:52 PM PDT, Oscar Romero<oromero@chUIavjstaca.g0v> wrote' ' Hi Ms, Alvez, The IP Zoning designation and Ll General Plan designation is correct. In addition to bothmning and the general plan there is also a Specific Plan in this area, noted as the Auto Park North Specific Plan which takes precedence ifl regard to permitted uses and development standards. Please review the link provided I sharing the Auto Park North Specific Plan document. At this time the next step for this project will be a public hea ri n g wh i ch you wi I I receive noti ce via m a i I or em ai I if you req uest. Let m e know if th e re are a ny oth e r comments or questions. Auto Park North Specific PIan:https://qisweb.chulavistaca..qov/ZoneFi'nder/r)dfs/Specif!cPlans/AutoParkNorth SpecificP Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 oromero@chulavistaca.gov 3 From: Kerri Aviles [mailto:rnangc>srnama@yahoo.comI Sent: Monda y, Apri 127, 2020 12:25 P M To: Oscar Romero Cc: Mark Aviles; Stan Donn; Sue Morassi; Raymond EsAda; Alan Engelhorn Subject: Re:Auto Collision and Repair Facility Warning: Exte ir n a] Hello Mr. Romero, Email The response you have provided is confusing and concerning. The initial letter that I received stated that this location 1;s zoned as IP(Industrial)with a general plan of IL (Limited Industrial). In reviewing the Industrial Base Zone codes, there is no mention of a business such as a collision and vehVe repair facility falling into the categories described. Has something changed? The information I have describes IP zones as "Intended to create a campus like environment characterized by comprehensive site design, substantial landscaping and amenities that serve the surrounding devo�opment in a manner that preserves the industrial nature of the zones, IP zones have different categories to include 1-3 some for office use and light industrial. I am really trying to understand how a collision and vehicle repair shop falls into any of the categories listed? Tow trucks coming and going, loud repair machinery, furnes and exhaust from the work being done etc. Your letter states that an appl'ication has been filed with the City.What is the next step? Several of us want to attend ali meetings related to this and remain in opposition of such a business being established at the base of our honnes. I look forward to hearing from you. Sincerely, Kerri Aviles $WIN" On Mondal, April'27, 20205 09:07:13 AM PDT, Oscar Romero <oronnero@chuIav!staca.gov>wrote: Hi Ms. Aviles, I am the project planner and ran answer any questions you may have. The projectis within the Auto Park North Specific Plan and supportive uses such as Vehicle Collision and Automotive Repair are permitted at this location, The zon e for the site is actua Ily I nd ustria I a nd the G e neral PI a n is Li mited I nd ustria 1. When there is a Specific Plan, the uses permitted are no longer limited to the zone but are reviewed under the specif ic plan. If you have any follow up questions or comment please lot rne know. Thanks, Oscar Romero Associate Planner City of Chula Vista (619) 691-5098 oromero00glavistacaaw --Original Message----- From: Kerri Avile Sent, Saturday, Apffr-40, LVZX.�.Vv I 1V[ To- Oscar Romero Cc: Mark Aviles Subject: Auto Collision and Repair Facility 4 Warning: External Email Hello Mr. Romero, I am writing you in response to a letter that I received in regards to an application that has been filed with the City for an auto repair shop located at 1880 Auto Park Place. I would like for you to provide information as to what exactly"limited industrial" refers to as my understanding of this is that a repair shop most certain�y does not fall into that category. Myself and the homeowners I have spoken with all strongly oppose such a business being established at this location, This business would sit at the foot of the hill from my honne and would impede greatly on the residential quality of life that we have. I have notified the Board of Directc>rs and have asked that they immediately assist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, Sent from my IFPhone Oscar Romero From: Sue Morassi Sent: Sunday, April 26, 2020 6:52 PM To. Oscar Romero Cc: Subject: Fwd,-Auto Collision and Repair Facility Follow Up Flag: Follow up Flag Status: Completed Warningv.� External, A. Email Sent ftom my I'Phone Begin forwarded message: From: Kem* Aviles W Date: A nI at 5-.0 PDT T Subject: Auto Collision an Repair Faeflity Sent from my iPhone Hello Mr. Romero, I am writing you mO response to a letter that I received in regards to an application that has been filed with the C ity for an auto rep air shop I ocated at 18 8 0 Auto P ark Place. I would like for you to provide information as to what exactly"limited 'Industrial" refers to as my understanding of this is that a repair shop most certainly does not fall into that category. Myself and the homeowners I have spoken with.all strongly oppose such a business being established at this location. This business would sit at the foot of the hill from my home and would impede gre atly on the re side nt*1 a] qual ity o f h fe that we have. I have notifi e d the B o ard of D irectors and have asked that the y immediately ass ist in responding to this. I am seeking information related to all meetings involving this proposed project. Sincerely, Suad and Morassi won" Sent from my Whone 2 2020-07-28 Agenda Packet, Page 6,50 of 711 IN III til C1TY' C,0UNC'1L A,GEN' DA STIA, ""EMENT CITY, OF ..................................... CHUIAVISTA July 28,2020 File,ID: 20-0232 T11TLE CONSIDERATION OF REAPPOINTMENTS TO THE,FOLLOWING BOARDS&COMMISSIONS: A. REAPPOINTMENT TO FIRST TERM (initial term less than two years) Jim Comb�s, Board of Appeals and Advisors Jeff Redondo, Cultural Arts Commission Ricardo Gutierrez, Human Relations Commission Michael McCabe, International Friendship Commission Nicole,Hobson,Measure A Citizens' Oversight Committee David Martinez, Measure A Citizens' Oversight Committee Lynnette Tessitore�, Measure A Citizens' Oversight Committee Maria B,alolo�ng,Veterans Advisory Commission B. REAPPOINTMENTS'TO SECOND TERMS Edgar Guerrero, Board of Ethics Cory Fish, Civil Service Commission Pat Mallen, Commission on Aging Lorise Maynard, Cultural Arts Commission Raymundo Alatorre, Growth Management Oversight Commission Lucia.Martinez, Healthy Chula Vista Advisory Commission William Felix, Human Relations Commission Paola Martineiz-Montes, Human Relations Commission Michael G. German, Parks and Recreation Commission Rennsie Gregorio, Parks and Recreation Commission Max Zaker, Planning Commission Juan Cervantes, Safety Commission - Jose Torres,Veterans Advisory Commission - Antonio Baelza,Youth Action Council - Patricia Bessie,Youth Action Council - Rebeca.Castillo,Youth Action Council - Annika Daglish,Youth Action Council - Christopher Garcia,Youth Action Council - Rodrigo Tapia Guevara,Youth Action Council - Steven Hahn,Youth Action Council - Celina Luisa Miranda,Youth Action Council PIi3ge 1 2020-07-28 Agenda Packet, Page 6,51 of 711 Pranav Nambiar,Youth Action Council Arturo Osorio,Youth Action Council Meghan Palitz,Youth Action Council Milana Rodriguez,Youth Action Council Andrea Roj'i,Youth Action Council Hector Vidrio�,Youth Action Council Alejandro Villalvazo,Youth Action Council Eliya Yoo,Youth Action Council RECOMMENDED ACTION Council make the reappointments as appropriate. DISCUSSION The City Clerk has scheduled reappointments for members of City boards and commissions for Council consideration. Reappointments are scheduled for members who are interested and eligible to serve an additional term, unless otherwise requested by the nominating authority for the particular seat, in accordance with CVMC 2.25.055. The reappointments listed below are separated into the following groups: 1. Board and commission seats that are interviewed and selected by the full City Council; and 2. All other reappointments that are not interviewed and selected by the full City Council. Regardless of the applicable reappointment process, each member of a board or commission shall be reappointed by at least three affirmative votes of the City Council. When an incumbent is not reappointed, the seat is filled using the applicable appointment process. Reappointments for Seats Interviewed by the Full City Council The following chart shows e�ligible reappointments for seats that are interviewed and appointed by the full Council.These members'attendance and training records are included as Attachment A. Council may make the appointments at this time, or, if a majority of the Council so desires, it may elect to, interview one or more of the eligible members prior to voting on reappointment. a M Name T Board/Commission Reappointments to Second Term Raymundo,Alatorre Growth Management Oversi t Commission trict 1 Rep-) Max Zaker Planning Commission All Other Reappointments The following chart shows eligible reappointments for board and commission members who are nominated by the Mayor, unless otherwise noted, and ratified by the City Council. The Mayor has recommended P �3ge 12 2020-07-28 Agenda Packet, Page 6,52 of 711 reappointment of'these members (Attachment C). The attendance and training records for these members are included as Attachment B. Name, Board/Commtssion Reap���p intments to First Term (initial term less than two years), Jim Combs Board of Appeals and Advisor's Jeff Redondo Cultural Arts Commission Ricardo Gutierrez Human Relations Commission Michael McCabe International Friendship Commission Nicole Hobson Measure A Citizens' Oversight Committee LACE Rep.)I David Martinez Measure A Citizens' Oversight Committee(CVPOA Rep.) Lynnette Tessitore Measure A Citizens' Oversight Committee(MMPR Rep.), Maria BaloloIng Veterans Advisory Commission Reappointments to Second Term Edgar Guerrero Board of Ethics Cory Fish Civil Service Commission Pat Mallen Commission on A g Lorise Maynard Cultural Arts Commission(Arts Pryessionay Lucia Martinez Healthy Chula Vista Advisory Commission(District 2 Rep.), William Felix Human Relations Commission Paola Martinez-Montes Human Relations Commission Michael G. German Parks and Recreation Commission Rennsie Gregorio Parks and Recreation Commission Juan Cervantes Safety Commission Jose Torres Veterans Advisory Commission Antonio Baelza Youth Action Council Patricia Bessie Youth Action Council Rebeca.Castillo Youth Action Council Annika Daglish Youth Action Council Christopher Garcia Youth Action Council Rodrigo Tapia Guevara Youth Action Council Steven Hahn Youth Action Council Celina Luisa Miranda Youth Action Council Pranav Nambiar Youth Action Council Arturo Osorio Youth Action Council Meghan Palitz Youth Action Council Milana Rodriguez Youth Action Council Andrea Roji Youth Action Council Hector Vidrio Youth Action Council Alejandro Villalvazo Youth Action Council Eliya Yoo Youth Action Council ENVIRONMENTAL REVIEW The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project)p as defined under Section 15378 of the State CEQA Guidelines because itwill not result in a physical change in the environment; P �3ge 13 2020-07-28 Agenda Packet, Page 6,53 of 711 therefore, pursuant to Section 1,5060(c)(3) of the State CEQA Guidelines,the activity is not subject to CEQA. Thus,no environmental review is required. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently,the 5 0 0-foot rule found in California Code of'Regulations Title 2,section 18 70 2.2(a)(11),is not applicable to this decision for purposes of'determining a disqualifying real property-related financial conflict of interest under the Political Reform Act(Cat. Govt Code§87100,et seq.). Staff is not independently aware, and has not been informed by any Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter., CURRENT-YEAR FISCAL IMPACT" There is no impact on the general fund. ONGOING FISCAL IMPACT There is no ongoing fiscal impact. Al"TACHMENTS 1. Attachment A-Training and Attendance Records -Full Council Interview Seats 2. Attachment B-Training and Attendance Records -All Other Seats 3. Attachment C- Mayoral Reappointments Memo Staff Contact:Leah Larrarte P �3ge 4 2020-07-28 Agenda Packet, Page 6,54 of 711 Commissioner Attendance & Training Records For Terms Expring in 2020 Attendance(Meetings Missed/Meetings Held***) Term Board&Commission Name Appointment Criteria Appointment Ethics Training(in FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 Date compliance") I Growth,Management Oversight Commission Alatorre,Raymiunido District 1 Representative 9/11/2014 Y 3/7 2/10 1/11 2/11 2/9 1 Planning Commission Zaiker,Max At-Large 7/19/2016 Y 1/12 1/10 E1/11 1/9 - **A mernber is considered compliant with the ethics training requirement when: ***Attendance is reported in,the following format: A)He/She has completed ethics training within the past two years and provided a certificate of completion to the City Clerk's Number of Meetings Missed(excused or unexcused office;OR absences)/Number of Meetings Held(meetings held B)He/She has not yet completed ethics training and has served less than one year(all members have one year to complete the prior to an inclividual being appointed are not included) initial ethics training) 2020-07-28 Agenda Packet, Page 6,55 of 711 Commissioner Attendance & Training Records For Terms Expring in 2020 Attendance(Meetings Misse�d/Meetinigs Held***) Term Board&Commission Name Appointment Criteria Appointment Ethics Training(in FY 19/20 FY 18/19 FY 17/18 FY 16/17 FY 15/16 Date compliance") 0 Board of Appeals&Advisors Combs,Jim At-Large 9/11/2018 y 0/2 0/4 - - - I Board of Ethics Guerrero,Edgar At-Large 2/21/2017 y 0/4 2/4 2/6 0/1 1 Civil Service Commission Fish,Cory At-Large 8/22/2017 y 2/10 1/11 1/8 - I Commission on Aging Mallen,Pat At-Large 9/13/2016 N 0/4 0/4 1/5 0/2 0 Cultural Arts Commission Redondo,Jeff At-Large 9/10,/2019 y 1/4 - - - I Cultural Arts Commission Maynard,Loris,e Arts Professional 6/22/2017 N 1/7 0/6 1/9 - - 1 Healthy Chula Vista Advisory Commission Martinez,Lucia District 2 Representative 4/12/2016 y 1 1/5 2/6 3/9 2/9 0/2 0 Human Relations Commission Gutierrez,Ricardo At-Large 9/11/2018 y 0/6 1/9 - I Human Relations Commission Felix,William At-Large 11/7/2017 y 1/6 1/11 0/6 - 1 Human Relations Commission Martiniez-Montes,Paola At-Large 11/7/2017' N 0/6 2/11 0/6 0 International Friendship Commission McCabe,Michael At-Large 2/19/2019 y 1/5— - - 0 Measure A Citizens Oversight Committee Hobsoni,Nicole Association of Chula Vista Employees Rep 9/20/2018 N 1/5 0/5 0 Measure A Citizens Oversight Committee Martinez,David Chula Vista Police Officers Association Rep 9/20/2018 N 1/5 1/5 0 Measure A Citizens Oversight Committee Tessitore,Lynnette MMPR Rep 1/8/2019 y 2/5 1/3 - - - I Parks and Recreation Commission German,G.Michael At-Large 11/17/2015 y 0/4 2/6 1/6 0/4 1/4 1 Parks and Recreation Commission Gregorio,Rennsie At-Large 7'/19/2016 y 2/4 1/6 2/6 1/4 - 1 Safety Commission Cervantes,Juan At-Large 9/13/2016 y 3/6 1/6 0/5 1 0/2 1 0 Veterans Advisory Commission Balolong,Maria At-Large 7'/24/2018 y 1/6 0/9 - - 1 Veterans Advisory Commission Torres,Jose At-Large 9/13/2016 y 0/6 1/9 0/11 0/8 0 Youth Action Council Baezai,Antonio Student 2/18/2020 N/A 0/1 - - 0 Youth Action Council Bessie,Patricia Student 2/18/2020 N/A 0/1 0 Youth Action Council Castillo,Rebeca Student 2/18/2020 N/A 0/1 0 Youth Action Council D�aglish,Annika Student 2/18/2020 N/A 0/1 0 Youth Action Council Garcia,Christopher Student 2/18/2020 N/A 0/1 0 Youth Action Council Guevara,Rodrigo Tapia Student 2/18/2020 N/A 0/1 0 Youth Action Council Hahn,Steven Student 2/18/2020 N/A 0/0 0 Youth Action Council Miranda,Celina Luisa Student 2/18/2020 N/A 0/1 0 Youth Action Council Nambiar,Pranav Student 2/18/2020 N/A 0/1 0 Youth Action Council Osorio,Arturo Student 2/18/2020 N/A 0/1 0 Youth Action Council Palitz,Meghan Student 2/18/2020 N/A 0/1 0 Youth Action Council Rodriguez,Milana Student 2/18/2020 N/A 0/1 0 Youth Action Council Roji,Andrea Student 2/18/2020 N/A 0/1 0 Youth Action Council Vidrio,Hector Student 2/18/2020 N/A 0/1 0 Youth Action Council Villalvaizo,Alejandro Student 2/18/2020 N/A 0/1 0 Youth Action Council Yoo,Eliya Student 2/18/2020 N/A 0/1 **A member is conis,idered compliant with the ethics training requirement when: ***Attendance is reported in the following format: A),He/She has completed ethics training within the,paist two years and provided a certificate of completion to the City Clerk's Number of Meetings Missed(excused or unexcused office;OR absences)/Number of�Meetings Held(meetings held B t�l prior to an individual being avointfgar a �,hkh h, ! ut e acpam �e� cQleted ethics training and has served less than one year(all members have one year to complete the a� et e ormt included) in ng 01N Nt OFFICE OF THE MAYOR Mary Casillas Salas ME-jM0 JUIY 22, 2020 TO: Kerry Bigelow, City Clerk CC: Sheree Kansas, Deputy City Clerk 11 FROM: Mayor Mary Casillas Salas000w VIA9 Adrianna Hernandez, Sr. Council Aide RE: Board and Commission Reappointments The Mayor would like to recommend the following for reappointment contingent upon Ethics Training compliance: First Term Jim Combs, Board of Appeals and Advisors Jeff Redondo, Cultural Arts Commission Ricardo Gutierrez, Human Relations Commission Michael McCabe, International Friendship Commission Nicole Hobson, Measure A Citizens' Oversight Committee David Martinez, Measure A Citizens' Oversight Committee Lynnette Tessitore, Measure A Citizens' Oversight Committee Maria Balolong, Veterans Advisory Commission Second Term - Edgar Guerrero, Board of Ethics W Cory Fish, Civil Service Commission M Pat Mallen, Commission on Aging - Lorise Maynard, Cultural Arts Commission Lucia Martinez, Healthy Chula Vista Advisory Commission - VVilliam Felix, Human Relations Commission - Paola Martinez-Montes, Human Relations Commission - Michael G. German, Parks and Recreation Commission - Rennsie Gregorio, Parks and Recreation Commission 276 Fourth Avenue*Chula Vista*Californi'a,91910*(619)691-5044*Fax(619)476-5379 2020-07-28 Agenda Packet msalas@chulavistaca,gov Page 6,57 of 711 Post-0111mmer Recycled Paper Juan Cervantes, Safety Commission Jose Torres, Veterans Advisory Commission Antonio Baeza, Youth Action Council Patricia Bessie, Youth Action Council Rebeca Castillo, Youth Action Council Annika Daglish, Youth Action Council Christopher Garcia, Youth Action Council Rodrigo Tapia Guevara, Youth Action Council Steven Hahn, Youth Action Council Celina Luisa Miranda, Youth Action Council Pranav Nambiar, Youth Action Council Arturo Osorio, Youth Action Council Meghan Palitz, Youth Action Council Milana Rodriguez, Youth Action Council Andrea Roji, Youth Action Council Hector Vidrio, Youth Action Council Alejandro Villalvazo, Youth Action Council Eliya Yoo, Youth Action Council Please place this item on the July 28, 2020 Council agenda for ratification. Thank you, 276 Fourth Avenue Chula Vista California 91910 (619) 691-5044 Fax (619)476-5379 msalas@chulav'staca.gov 2020 07-28 Agenda Packet I Page 6,58 of 711 &I'asIA onwinier Rveycled Npor OFFICE OF THE MAYOR Mary Casillas Salas MEMO JUIY 22, 2020 TO: Kerry Bigelow, City Clerk cc:1 Sheree Kansas, Deputy City Clerk 11 VIA: Adrianna- Hernandez, Sr. Council Aid FROM: Mayor Mary Casillas Salas RE: Boards and Commissions Appointments The Mayor would like to recommend Kate Bishop for appointment to the Cultural Arts Commission, Angelica Rodriguez for appointment to the Sustainability Commission, Alejandro Mun'*oz Andrade for appointment to the International Friendship Commission, Todd Glanz and Larry Disharoon for appointment to the Charter Review Commission, Allen Rodriguez, Freda Hernandez-Nader and Elizabeth Murphy for appointment to the Health Chula Vista Advisory Commission. Ms. Bishop will replace Christianne Penunuri, Ms. Rodriguez will replace Oscar Romo, Mr. Munoz Andrade will replace Venus Molina, Mr. Glanz will replace Bryan Felber, Mr, Disharoon will replace Robert Ross, Allen Rodriguez will replace Ricardo Jimenez, Freda Hernandez-Nader will replace Diana Velo and Elizabeth Murphy will replace Diana Milburn. Please place this 'Item on the July 28, 2020 Council agenda for ratification and schedule the oaths of office for the following council meeting. Thank you, 276 Fourth Avenues Chula Vista 9 California 91910,D(619)691-5044 9 Fax (619)476-5379 2020-07-28 Agenda Packet msalas(L'bchulavistaca.gov Page 6,59 of 711 Pnst-Comsumtr Recycled Pmpfer Angela Larson From: Webmaster Sent: Wednesday, January 8, 2020 11:44 AM To: CityClerk; Adrianna Hernandez; Monica Barrette; Alicia Balcazar Subject: City of Chula Vista: International Friendship Commission Application - Web form A new entry to a form/survey has been submitted. Form Name: International Friendship Commission Application Date&Time: 01/08/2020 11:44 AM Response#: 37 Submitter ID: 71312 IP address: 72.207.71.71 Time to complete: 8 min.,47 sec. Survey Details .................. Page I Application for membership on the International Friendship Commission 1. Prefix (o) Mr. 2. First and Last Name Alejandro Mun'oz Andrade 3. E-mail 4. Home Address S. city Chula Vista 6. ZIP code 91913 7. Primary Phone 8. Secondary Phone Not answered ...................................................................................................................................................................................................................................................................................................................................................................................... 2020-07-28 Agenda Packet, Page 6,60 of 711 ...................................................................................................................................................................................................................................................................................................................................................................................... 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? Not answered 12. Present employer Self Employed 13. Occupation Entreprenuer 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? Not answered 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? Not answered 18. Per Chula Vista Municipal Code Section 2.25.030,,, 1 understand: -if I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -1 must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 19. Are you or have you been involved in any local,civic or community groups? (o) No 20. Which ones? Not answered 21. What are your principal areas of interest in our City government,,and what experience or special knowledge can you bring to those areas? International relations with other government entities,develop and carry out economic cooperation,cultural interchange between Chula Vista and other cities: ie; Mexico: Merida, Hermosillo, Baja,etc. I have good relationships with government entities in Mexico and I think I could grow the relationship of Chula Vista with other cities and partner with them. ...................................................................................................................................................................................................................................................................................................................................................................................... 2 2020-07-28 Agenda Packet, Page 6,61 of 711 ...................................................................................................................................................................................................................................................................................................................................................................................... 22. What would you hope to accomplish in the role of a International Friendship Commissioner?(250 words or less) develop and carry out economic cooperation,cultural interchange,investment between Chula Vista and Sonora Mexico 23. You may upload a resume in addition to your application(optional). RESUME ALEJANDRO MUNOZ.pdf 24. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the International Friendship Commission regular meeting date,time and frequency. 25. (o) I am familiar with the responsibilities of the International Friendship Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System"'.Please do not reply directly to this email. 3 2020-07-28 Agenda Packet, Page 6,62 of 711 P' ALEJANDRO MUNOZ ANDRADE San Diego., California 91913 M International bilingual business Executive & Entrepreneur with more than 15 years experience and expertise in leading and improving a wide variety of operations, sales, business development,, start up, logistics, supply chain, sourcing, operations planning, launching new products, establishing and building new companies& distributor networks. Effective at directing and developing and sustaining relationships across all levels of business. Extremely adept in strategic planning, operations management, starting new operations while consistently cleveloping new market segments. Exceptional skills in global customer relationship specifically in United States, China and Mexico. President/ Partner May 2016—August 20,19 Main Group Holdings LLC San Diego, California • Co-owned and operated a Consulting& Investment company. • Managed major business aspects of the companies Market Development p�lan in various industries. • Capitalized on market opportunities to grow company's share in Major N.A. markets with focus on USA a,nd Mexico. • Secure new business and expand business potential of new projects. • Thorough in-depth understanding of customer's market segment., and specific customer business requirements, applied appropriate sales techniques to create/develop new business opportunities, and expand current revenue streams and achieve assigned financial�/budget goals for volume, revenue and profit. o Recruited/ interviewedl selected, oriented,trained,assigned managers &sales team in a specific territory. o Responsible for directling and supporting Wholesale, Distributors and Independent locations to ensure our customer service expectations and the investors objectives are achieved. • Participate in community events in order to network with our customers. • Maintain current investor relationships. • Created and Developed new business opportunities in USA and Mexico market. • Strategic partnerships across USA, Mexico, China establishing import/export relations. • Worked directly with top executives and Investors of national a�nd international corporations to deliver excellent service in product positioning and sales and new product promotion. o Responsible for overseeing all marketing and sales activities including logistics, import/export procedures, adherence to foreign and domestic laws. District Sales Manager May 2014—May 2016 Mission Foods San Diego, California o Responsible for managing a�nd directing 15 independent distributor activities to ensure our customer service expectations and the Region's objectives are achieved. • Responsible for Local & Regional Accounts. • Developed sales forecasts by account. • Drove new prod uct/catego�ry distribution initiatives. • Implemented retailer promotional plans. • Managed a broker network to, deliver on company sales and profits. • Identified new business opportunities,. 2020-07-28 Agenda Packet, Page 6,63 of 711 • Establish and maintain effective customer and distributor relationships. • Ensure coord!ination of sales activities with multiple functions. • Develop sales accounts. • Oversee and coordinate the sales team activities • Establish sales territories, quotas, and goals for the sales team • Analyze sales statistics to identify areas of'improvement • Track results and trends regularly for business forecasting • Report on team and individual performance • Develop and execute innovative sales strategies • Build and form new partnerships with potential clients • Provide input i'n the development of sales plans., • En:sure sales and profit targets are achieved. • Track performance of each route in the di'strict to identify opportunities and corrections. • Develop and m�aintain Sales and comm�unications with all Chain Stores and C-Stores in the region in a profession!al manner with all levels of personnel. • Brand Development in the California market. • Participate in sales forecasting and planning. • Analyze distributor capacity in the assigned territory to p�inpoint actlivities to match company growth plans. * Direct and Implement sales strategies and forecast sales volumes,for all clients in the specified market. District Sales Manager F'e�b�ruary 2012— May,2014 Barcel USA San Diego, California e Manage a Sales team of 40+ peop,le to achieve sales and profit g�oals., recruit, se,lect, orient, train,, assign a sales team in a specific territory. Communicate, plan and review job contributions. e Develop and maintain Sales and communications with all Foodservice, Institutional, Chain Stores, wholesale, brokers and C-Stores in the region in a professional manner with all leve,ls of personnel. o Develop effective channel strategies, bui'ld impac,tful lasting partnerships with wholesaler, distributor a!n�d chain stores. • Opened new accounts (Sea World, Sysco Foods, Distributors, Brokers, etc • Responsible for Local, Regional & National Accounts. • Brand Development in the California market., • Participate in sales forecasting and planning. • Analyze distributor capacity in the assigned territory to pinpoint activities to match company growth plans. • Direct and Implement sales strategies and forecast sales volumes for all clients in the specified market. • Create awareness and demand for the company new and existing products and promotions. Identify potential distributor needs and interests and effectively communicate benefits and opportunities available. e Maintain a reliable communication mechanism with all business units and inte�rnal personnel to ensure efforts are in line with objectives. • Generate and develop new distribution partners in order to sell products to end DSD customers. • Call on distributors, providing technical and administrative product information and/or demonstrations., and quotes appropriate customer prices. 2020-07-28 Agenda Packet, Page 6,64 of 711 Global Sales Consultant/ President - Owner January 2008—January 2012 MiMa Corp/ Famoso Distribution Tijuana, BC,, Mexico • Owned and operated a CPG Distribution &Consulting Company • Managed a staff of 25 people to achieve sales and profit goals for different Industries, CPG, Imp/ Exp, Manufacturing, Logistics/Dist,ribution, Brand Development, Business Development in customer service, distribution, sales& marketing department for a Food & Beverage Wholesale/Retail Industry. 9 Designed and implemented national, regional &global sales increasing over$,2.5m in sales on various products and services. • Recruit, select'.. orient,train, assign: a sales team in a specific territory and market. • Work directly with top executives of national and inter�national corporations to deliver excellent product positioning and sales. • Oversee and coordinate company's sales team &activities • Establish sales territories, quotas, and goals for the company • Analyze sales statistics to identify areas of improvement • Develop sales strategies • Build and form new partnerships with potential clients • Responsible for Local, Regional & National Accounts. • Strategic partnerships across USA, Canada, Mexico estab�lishing import/export relations including custom brokerage and logistics organizations providing the strategic link between customer and the international buyer. o Responsible for overseeing all marketing and sales activities including logistics, import/export procedures, adherence to foreign and domestic laws. o Review sales, activity reports and other performance data to measure productivity and goal a:chievements and to determine areas needing cost reduction and program improvement. • Provide and grow sales, distribution, international development, marketing for different companies • Build contracts with wholesale/retail and foodservice channel markets and different industries. • Serve in advisory position to President in board of director's meetings. VP International Sales/ Business Development September 1999- December 2,008 ALID International Tijuana, 13C, Mexico o Directed and Developed a staff of 10 people in sales & marketing department,to achieve national and regional sales and goals for a Construction & Door Wholesale/Retail Industry. • Recruit, select, orient,train, assign a sales team in a specific territory. • Designed and implemented global and national sales increasing over$3.5m, in sales on various products. • Strategic partnerships across USA, Mexico, China establishing import/export rel,ations. • Worked directly with top executives of national and international corporations to deliver excellent service in product positioning and sales and new product promotion. • Identify and develop strategic relationships with partners and potential customers. • Advisor to Owner in board of director's meetings. • Build contracts with wholesale/retail markets. • Launched and opened new markets and products and built new distrib�utor networks. SUMMARY OF ACHIEVEMENTS • Coordinated accounts,for several corporations. • Initiated successful ventures into key Latin America,. Chinese and USA markets. • Developed network linking custom brokers, logistics companies,wholesalers and retailers., 2020-07-28 Agenda Packet, Page 6,65 of 711 9 Strong background in National and International sales, import/export, logistics, marketing, merchandising, and business development. • Lead commercial agreements,and contracts with multiple suppliers and companies. • Business owner and entrepreneur. • Event Management., marketing events and managed budgets for each event. ADDITIONAL S�KILLS • Proficient computer skills MS OFFICE Suite, CRM, ability to learn and master new software programs. • Bilingual and fluent in English 100%-Spanish 1010%, • Knowledge of Mexico, USA, Canada, China, Foreign and Domestic policy and customs. • Extense experience in negotiati'ng with foreign and domestic companies. • Knowledge i'n purchasing processes, Logistics, Import/Expo,rt and Incoterms. • Wide understanding in National and International affairs. • International vision and experience. • Proven ability to Multi task and manage projects on strict deadlines. • Contracts& Negotiations. • Operations an�alysis. • Plant Management. • Cross cultural communications. • International Business Development. • Conflict Resolution. • Productivity& performance management. EDUCATION Bachelors Degree International Business Management. June 2000 Technologic Institute of Baja California Tijuana, BC, Me"xico Areas of Interest: Foreign Trade, Exterior Relations, International Relations, Economic History, Financial &Administrative History, Logistics, Import/Export,, Global Marketing and Sales, Global Business Development, Renewable and Alternative Energy, Sports, Music,Travel. Extracurricular Courses.-XI Symposium of International Relations, Seminar"Comercio Exterior en Mexico Hoy un Balance", Foreign Affairs Symposium,XIX Symposium International Marketing, III Symposium of Foreign Affairs,Seminar Conference of the European Union, Seminar of Exterior Business, Seminar of International Relations, Seminar of Exports BANCOMEX, Seminar of Commerce Mexico -ASIA, Seminar MEXICO S,EMANA CHINA, Seminar HONG KONG and SHANGHAI GATEWAY TO CHINA, Seminar NEGOTIATING CHINA. 2020-07-28 Agenda Packet, Page 6,66 of 711 Julia Sanchez From: Tamisha Woods on behalf of CityClerk Sent: Tuesday, June 23, 2020 12:33 PM To: Julia Sanchez Subject: FW: City of Chula Vista: Cultural Arts Commission Application - Web form Tamisha Woods Sr. Records Specialist From:webmaster@chulavistaca.gov<webmaster@chulavistaca.gov> Sent:Tuesday,June 23, 2020 12:32 PM To: CityClerk<CityClerk@chulavistaca.gov>;Adrianna Hernandez<adhernandez@chulavistaca.gov>; Lynnette Tessitore <Itessitore@chulavistaca.gov> Subject: City of Chula Vista: Cultural Arts Commission Application -Web form Warning: External A new entry to a form/survey has been submitted. Email i Form Name: Cultural Arts Commission Application Date&Time: 06/23/2020 12:32 PM Response M 39 Submitter ID: 78631 IP address: 2600:1700:4faO:3b6f:db2:40ea:553f:dl9f Time to complete: 32 min.,48 sec. Survey Details .................. Page I Application for membership on the Cultural Arts Commission 1. Prefix (0) MS. 2. First and Last Name Kate Bishop 3. E-mail 4. Home Address ...................................................................................................................................................................................................................................................................................................................................................................................... 2020-07-28 Agenda Packet, Page 6,67 of 711 ...................................................................................................................................................................................................................................................................................................................................................................................... S. city Chula Vista 6. ZIP code 91910 7. Primary Phone 8. Secondary Phone 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? Since July 2013 12. Present employer Kate Bishop Costume Design (self) 13. Occupation Theatrical Costume Designer 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? Not answered 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? Not answered 18. Per Chula Vista Municipal Code Section 2.25.030,,, 1 understand: -if I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -1 must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. ...................................................................................................................................................................................................................................................................................................................................................................................... 2 2020-07-28 Agenda Packet, Page 6,68 of 711 ...................................................................................................................................................................................................................................................................................................................................................................................... 19. Are you or have you been involved in any local,civic or community groups? (o)Yes 20. Which ones? VP Programs for Chula Vista Council of PTAs; member Clear View PTA; member CVESD Budget Advisory Council; member CVESD District Advisory Committee; member NAACP SD; member Chula Vista Democrats, member Eastlake Bonita Democratic Club 21. What are your principal areas of interest in our City government,,and what experience or special knowledge can you bring to those areas? My background is in theatre/performing arts,and as a parent and consummate volunteer,, I am very involved with education. I want to encourage more involvement with the City of Chula Vista in developing performing arts in children (including partnering with schools/local dance groups)as regular parts of our city. I also want to draw professional theatre to the South Bay. I've worked in professional theatre since 2001. 1 also worked in film/television from 2005 to 2009. 1 believe we can also create a film commission to make efforts to draw film crews to our area to take advantage of some of our unique locations. 22. IF you are an artist,educator,and or possess professional qualifications and experience in disciplines of arts and cultures (see definitions of these terms below),please indicate which discipline(s)apply: Definitions: • Artist:A practitioner of an arts discipline(e.g.performing arts,fine arts,,culinary arts,,media arts or related arts disciplines) • Educator:One who is credentialed in the field of the arts or one who teaches or has experience teaching one or more disciplines of the arts. • Professional qualifications:Qualifications based upon one's body of work,one's educational background and experience in a discipline of the arts. [x] Performing Arts 23. If you selected one or more of the areas of discipline above,please describe your qualifications and experience.(250 words or less) I have a BA in Theatre(acting and playwriting)with minor emphases in Dance and Ethnic Studies from UC San Diego. I have been working in costumes since 2001,,when I began my career as a dresser at the Old Globe Theatre in Balboa Park.Since then, I have worked my way up and have been a professional costume designer since 2004. 1 have worked with theatres all over San Diego County,,as far north as New Village Arts in Carlsbad. I moved to LA to work in TV/film in 2005. 1 was also resident costume designer for Independent Shakespeare Company(2008-2013)and Invertigo Dance(2012-2013) in LA before we moved back home to Chula Vista in 2013. 24. If you are NOT an artist,,educator,,and/or possess professional qualifications and experience(as described in Question 1, above),please describe your competence,knowledge,and experience in cultural arts.(250 words or less) Not answered 25. What would you hope to accomplish in the role of a Cultural Arts Commissioner?(250 words or less) I would very much like to bring more theatre arts to Chula Vista.We have one community theatre company and no professional theatre company. Live theatre is an incredible draw to a city-in fact,,San Diego County has a HUGE theatre market, between big theatres like The Old Globe,, La Jolla Playhouse,,and San Diego Rep,,and small but excellent professional companies such as Cygnet,, Moxie,, Diversionary. (Not to mention the Civic Theatre,,where one can see Broadway touring shows and much more!) People make the journey to San Diego to see professional live theatre. But Chula Vista doesn't have that draw. Not because we lack a will, but because we lack a space. I coordinated a non-partisan community forum in January for the candidates for the 53rd congressional primary.As I looked ...................................................................................................................................................................................................................................................................................................................................................................................... 3 2020-07-28 Agenda Packet, Page 6,69 of 711 ...................................................................................................................................................................................................................................................................................................................................................................................... around town for a space to host the event, I was struck by the lack of theatre spaces available to the community above 150 seats. I could have used Southwestern College theatre, but our forum couldn't afford the rental space.We eventually used the Civic Branch Library, and we were very grateful for the opportunity, but it got me thinking more about the lack of community or professional space in Chula Vista. I very much want to advocate for building and/or re-purposing a performing arts complex in Chula Vista to serve the South Bay.We can house a professional theatre company(or more) and have a space available for community use.We could have dance companies and traveling shows use the space. It can include an art exhibition area where we could feature local cultural artists. I imagine the future and it includes a thriving performing and fine art space for Chula Vista. 26. 1 understand that to be considered,I must submit a resume along with this application. KATE BISHOP Resume for CAC.docx 27. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Cultural Arts Commission regular meeting date,time and frequency. 28. (o) I am familiar with the responsibilities of the Cultural Arts Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 4 2020-07-2 Agenda Packet, Page 6,70 of 711. KATE BISHOP Candidate for Chula Vista Elementary School District Board, Seat 4 RC "Ua ista, CA, 9i9io Education Leadership Experience Chula Vista Elementary School District Council of PTAs Executive Board Member:Historian(2020-present), lst Vice President(2018-2020),Auditor(2017-2018) • Trained unit auditors and facilitated training for Board members throughout the Council. • Chaired all Council events (2018-2020),including parent education workshops, Founders Day Gala. • Served as a voting member in Executive Board meetings. • Served as team lead/liaison for a cohort of PTA Units (schools). • Advised and advocated for parents in PTA and District matters. Clear View Elementary School School Site Council AND District Budget Advisory Committee: Parent Representative(2019-present) • Served as voting member in SSC meetings,including collaborating on budgetary and program related issues. • Advocated for better parent engagement • Represent Clear View parents in District Budget Committee meetings. Rosebank Elementary School PTA Board Member: Treasurer(2018-2019),President(2016 —2018) • Planned and directed all organization events,fundraisers, and the school support effort. • Parent advocacy and engagement.Acted as parent liaison with administration. Spearheaded help and intervention with PTA parents who struggled. • Doubled membership and quadrupled number of active members during my tenure as President. Received the Membership Award from Ninth District PTA(2017). Strategically increased retention. • Created the position of"Spanish Language Outreach Coordinator"for the PTA and offered Spanish language translations at all of our meetings for the first time.Also teamed with ELAC to bridge the gap between English speaking families at Rosebank and our Spanish-speaking community. • Increased family involvement by changing meeting times to allow for inclusion of working parents, introducing childcare to meetings so that meetings were more accessible for single parents and parents who both wanted to participate, and implementing a potluck dinner before meetings to add time to socialize as well as removing the stress of trying to eat before coming to the meeting. • Won Ninth District Communications Award(2017) as editor for Panther Press Newsletter. • Completed all financial documentation pertaining to the PTA unit and coordinated with President and Secretary to follow compliance rules for 501(c)3 including submitting tomes and insurance, maintaining budget actuals, and submitting regular detailed reports to the membership. District Advisory Committee:Alternate(2017-2019) • Represented Rosebank at DAC meetings • Coordinated with DELAC team to bring English Learner and English speaking parents together • Presented District information to SSC/parents 40 Professional Costume Experience 2020-07-28 Agenda Packet Page 671 of 711 Kate Bishop Costume Design(2002-Preseno Costume Designer,Wardrobe Stylist, and Costume Shop Manager for over 75 theatrical, commercial,TV, and film productions. • Costume Designer/Stylist o Was responsible for designing and creating and/or orchestrating creation of costumes including every piece of clothing and accessory on every character in the production. Began with intensive character study through the text,presented designs to the full company, measured actors and built costumes,pragmatically implemented costume notes throughout the rehearsal process based on fluctuating ideas and needs, delivered completed wardrobe on time for stage run or filming process.Worked under Director, Production Manager, and/or Producers and in tandem with all other artistic and technical departments to present a unified and seamless production design. • Costume Shop Manager o Recruited and hired other costume artists and tradespeople for support staff,negotiated their salaries, and managed their hours. Scheduled fittings, delegated tasks,trained new employees, and set completion goals for staff throughout the production. Negotiated and oversaw labor and materials budgets. • Professional Highlights o Frequent Costume Designer-New Village Arts Theatre, Carlsbad(2004-2ol 6) Teamed up with incredibly diverse artistic teams to produce crowd pleasing theatre Designed and oversaw the painting of four plaid jackets over the course of 16o hours o Frequent Costume Designer-Diversionary Theatre,San Diego(2014-2017) Helped bring LGBTQ issues to audiences through poignant and funny storytelling Educated a Director on fashion and the impact of historical events on clothing o Frequent Costume Designer-Moxie Theatre,San Diego(2015-2019) Collaborated with other strong female artists to create empowering feminist theatre Lauded for my ability to make a variety of body types feel glamorous o Resident Costume Designer-Independent Shakespeare Co.,Los Angeles(2008-2013) One of the top Shakespeare in the Park companies in the US with audiences of 3,000 Trusted by Artistic Director to formulate entire show concepts by the end of tenure o Resident Costume Designer-Invertigo Dance Theatre,Los Angeles(2012-2017) Designed beautiful,innovative looks that could accommodate extreme movement Made a costume out of trash bags that transformed from a pile of garbage into a dress • Education o Mentored interns in costume design on various projects. o Delivered lectures on costume design at Chapman University, CSU Fullerton, Fullerton Community College, and Hilltop Middle School. • Outreach o Designed and built costumes and props for Kensington Community Church children's productions and multiple children's theatres in San Diego and Los Angeles pro-bond. o Donated costumes to VAPA program at Rosebank Elementary School, and to multiple local professional and community theatres. o Ambassador for Moxie Theatre's Women's History Month (2o18) "Mamma Artist Fund" which raises money for Moxie artist collaborators struggling with childcare costs. Other Community Service Big Feet/Little Feet Program Director Pilgrim Pines Summer Camp (2019) • Created and led program curriculum for children aged 2-7 and their parents for summer camp. • Coordinated with Camp Director as well as Program Directors from other age groups. 2020-07-2 Agenda Packet, Page 6,72 of 711. Tijuana Mission Outreach Project(2017- 2o18) • Helped build a house for special needs orphan in Tijuana who had aged out of the system. • Helped build a house for an impoverished family in outskirts of Tijuana. Youth Group Co-Director Woodland Hills Community Church (2010-2012) • Directed program for 12-18 year olds from the church as well as outside community,including events, community service projects, and fundraising. • Mentored and counseled teens in the program. Children With Hair Loss (2018) • Donated 8 inches of hair for children with medically-induced hair loss • Supported and advocated for my son as he faced bullying for growing and donating his hair. Pinester Counselor Pilgrim Pines Summer Camp (1996-1998) • Volunteered as a counselor for special needs adult campers at week long summer sleepaway camp. • Delivered 24/7 care to campers of varying ages and abilities, and facilitated their participation in a variety of camp-related activities. Education Bachelor of Arts,Major- Theatre,Mirrors-Dance&Ethnic Studies (2002)— UC San Diego, La Jolla, CA Education.Abroad Certification., Emphases-Film&Sociology (1998) - Lancaster University, Lancaster, UIQ 2020-07-2 Agenda Packet, Page 6,73 of 711. Julia Sanchez From: Leah Larrarte on behalf of CityClerk Sent: Thursday, June 18, 2929 5:18 PM To: Julia Sanchez Subject: FIN: City of Chula Vista: Charter Review Commission Application - web form Please process. From:webmaster@chulavistaca.gov<webmaster@chulavistaca.gov> Sent:Thursday,June 18, 2020 10:19 AM To: CityClerk<CityClerk@chulavistaca.gov>;Adrianna Hernandez<adhernandez@chulavistaca.gov> Subject: City of Chula Vista: Charter Review Commission Application -web form Warning: External Email A new entry to a form/survey has been submitted. Form Name: Charter Review Commission Application Date&Time: 06/18/2020 10:18 AM Response#: 11 Submitter ID: 78440 IP address: 70.181.166.8 Time to complete: 27 min.,33 sec. Survey Details ...................................................................................................................................................................................................................................................................................................................................................................................... Page 1 Application for membership on the Charter Review Commission 1. Prefix (o) Mr. 2. First and Last Name Larry Disharoon 3. E-mail 4. Home Address S. city Chula Vista ...................................................................................................................................................................................................................................................................................................................................................................................... 1 2020-07-2 Agenda Packet, Page 6,74 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... 6. ZIP code 91914 7. Primary Phone 8. Secondary Phone 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 45 years 12. Present employer Retired 13. Occupation Retired Business Leader 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? Not answered 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? Not answered 18. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 19. Are you or have you been involved in any local,civic or community groups? (o)Yes ...................................................................................................................................................................................................................................................................................................................................................................................... Z 2020-07-2 Agenda Packet, Page 6,75 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... 20. Which ones? CV Boys and Girls Club, CV AYSO, CV Parks and Recreation, Pack 840 Cub Scouts, Eastlake Church 21. What are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas? I'd like to improve quality of life for CV residents; increase and enhance community dialogue and civility.Serve the City in response to how much this community has provided for me and my family. In business, my strength was building high performing teams. Ive been assigned global teams from Asia, Europe, North America.Very successful at leveraging diversity.Advocate open,two way discussion founded on trust and respect.Always confronted complex issues or negative behaviors with respect. But confront you must, in order to move a team where you need to be. I've successfully created and delivered critical,technical presentations to my company(Rohr/Goodrich/United Technologies),customers(Boeing,Airbus, Lockheed,etc),and suppliers at locations across the globe(Hanoi Viet Nam, Wolverhampton UK,Vienna Austria, Mexicali Mexico,etc). I understand how to gather information, establish strategies, bund a plan to succeed, identify the critical path and monitor contributing actions to track to plan. 22. What would you hope to accomplish in the role of a Charter Review Commissioner?(250 words or less) Serve my local government officials well,to allow them to improve their decision making. Enhance our community civility and reduce discourse/division. Listen to and convey inclusion to the section our population that feels disenfranchised. 23. You may upload a resume in addition to your application(optional). Larry Dean Disharoon Resume202O.docx 24. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Charter Review Commission regular meeting date,time and frequency. 25. 1 understand if I am selected to serve on this board or commission I will need to disclose certain economic interests(Form 700)in accordance with the City of Chula Vista's Conflict of Interest Code. (o) I have reviewed the City of Chula Vista's Conflict of Interest Code. 26. (o) I am familiar with the responsibilities of the Charter Review Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 0 3 2020-07-2 Agenda Packet, Page 6,76 of 711. Larr Dean Disharoon Chula Vista, CA 91914 Phone: Cell: Email: Introduction: I am a long time Chula Vista resident. I possess high energy and hold a genuine affection for people. I attended and graduated from CVIS and CVIS. Employed by Rohr Corp., upon graduation of Nigh School. Started in a semi-skilled IAM Union job and advanced to Management-Executive. Retired at 56 years of age,to serve Eastlake Church,which I've attended for 23 years. Enjoy outdoors,travel, classical/performing arts, and theatre. Objective: Leverage my communication skills, experience in executive-level aerospace and extensive community service to further improve my community and resident quality of life. Experience: QuEST Global Engineering [Contract Consultant] 2016-2018 Rohr/Goodrich/United Technologies Aerospace Systems 1978-2015 Positions: Contract Consultant [2016-2018] QuEST Global Engineering Provided leadership and technical guidance [came out of retirement at the request of Senior Leadership of United Technologies] to Design Engineering, Material Review Board, Stress Analysis, Quality Engineering, Manufacturing operations and Supply Chain Management/Personnel. Locations: Chula Vista CA, Riverside CA, Foley AL, and Scharding Austria Boeing Nacelle Programs Quality Authority [2013-2015] Boeing Nacelles [717, 737, 757, 767, and 787 models] Responsible for quality assurance, regulatory compliance, and delivered quality, across global supply chain and internal build sites Director of operations [2010-2012] Boeing 787 Nacelle [Inlet, Fan Cowl, Thrust Reverser and Nozzle components] Responsible for profit and loss; manufactured quality, operations, execution of corporate site strategy across global supply chain and internal build sites My global team produced and delivered over a$Billion in hardware in calendar year 2012 Larry Dean DINharoon Resume iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilliillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillilI 2020-07-2 Agenda Packet, Page 677 of 711. Program Manager/Director [2006-2010] Boeing 787 Thrust Reverser Responsible for profit and loss; product development [design and analysis], component certification, manufactured quality, operations, execution of corporate site strategy across global supply chain and internal build sites Product Development Program Manager [2003-2005] Lockheed C-5 RERP Pylon and Nacelle Responsible for product development [design and analysis], component certification, supply chain and internal build site integration Lean Manufacturing Cell Team Lead II [1999-2002] Boeing 717 Nacelle Components, Mechanical Assemblies and Detail Fabrication Quality Assurance Team Lead I [1998-1999] Weldments, Processing, Radiographic, Magnetic Particle and Dye Penetrant Inspection Senior Manufacturing Engineer (1997-1998) Detail Fabrication, Titanium Super Plastic Forming and Hot-size Manufacturing Manufacturing Engineer [1994-1997] C-1301 F-14, IAC-135 Mechanical Assemblies Tool and Production Planner [1991-1993] Impact and Fluid-Cell Forming, Production Discrepancy Analyst [1989-1990] Detail Part Manufacturing Quality Assurance Inspector [1988-1989] Machine Shop Grinder/Tool Assembler [1978-1987] Education/Training: Leadership and Management Program [LAMP], University of California, San Diego CA Industrial Engineering and General Education, Southwestern College, Chula Vista, CA Instructor of Continuous Improvement [CI] training and Positive Employee Philosophy [PEP] classes Goodrich Aerostructures Corporation, Chula Vista CA Community volunteer/service: (23) Years, Eastlake Church, Chula Vista CA Teacher,Youth Pastor, First Impressions Minister, Chairman of the Elder Board [4] Years,Youth Sports coach/referee. AYSO, CV Parks and Recreation, Boys and Girls Club, Chula Vista CA [5] Years, Den Leader, Cub Master. Pack#180, sponsored by St. Pius Catholic Church, Chula Vista CA References available upon request 2 Larry Dean DINharoon Resume iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillilI 2020-07-2 Agenda Packet, Page 6,78 of 711. Lea h La rra rte From: Adrianna Hernandez Sent: Friday, July 17, 2020 1:32 PM To: Leah La rra rte Subject: FW: City of Chula Vista: Charter Review Commission Application - web form Here u go! From: webmastergchulavistaca.gov [webmasterCcbchulavistaca.gov] Sent: Tuesday, June 30, 2020 1:41 PM To: CityClerk; Ad ria nna Hernandez Subject: City of Chula Vista: Charter Review Commission Application - Web form Warning A new entry to a form/survey has been submitted. External Email Form Name: Charter Review Commission Application Date&Time: 06/30/2020 1:41 PM Response#: 13 Submitter ID: 75941 IP address: 173.114.26.117 Time to complete: 15 min.,22 sec. Survey Details Page 1 Application for membership on the Charter Review Commission 1. Prefix (o) Mr. 2. First and Last Name Todd G.Glanz 3. E-mail 4. Home Address S. city Chula Vista 1 2020-07-2 Agenda Packet, Page 6,79 of 711. 6. ZIP code 91915 7. Primary Phone 8. Secondary Phone 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 58 years 12. Present employer Law offices 13. Occupation Lawyer 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? Not answered 16. Have you previously served on a Chula Vista Board/Commission? (o)Yes 17. Which ones? Ethics 18. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 19. Are you or have you been involved in any local,civic or community groups? (o)Yes 20. Which ones? 2 2020-07-28 Agenda Packet, Page 6,80 of 711. Eastlake HDA; Eastlake Youth Sports; Crossroads II 21. what are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas? My expertise is in drafting legislation and municipal legislation and charters. I have been involved with, and passionate about,the City of Chula Vista and it's quality of life socially,politically, and economically,all my life. I was born and raised in Chula Vista and have lived in the city nearly all the years of my life. I owe duties and am called to,contribute to the well- being and progress of the community of Chula Vista,and happen to be relatively uniquely experienced and qualified to fulfill those duties. I will also note if you will,that I have been a practicing lawyer since 1956, including in Chula Vista Courts and Agencies,and maintain my practice and business in Chula Vista as well 22. what would you hope to accomplish in the role of a Charter Review Commissioner?(250 words or less) Please see 21.above. I want to serve the Council and the City in this capacity,which is how I happen to be best able to contribute 23. You may upload a resume in addition to your application(optional). 24. The City understands meeting schedules and individual's availability may change.we ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Charter Review Commission regular meeting date,time and frequency. 25. 1 understand if I am selected to serve on this board or commission I will need to disclose certain economic interests(Form 700)in accordance with the City of Chula Vista's Conflict of Interest Code. (o) I have reviewed the City of Chula Vista's Conflict of Interest Code. 26. (o) I am familiar with the responsibilities of the Charter Review Commission. I attest that the information I have provided is accurate and true. Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 3 2020-07-28 Agenda Packet, Page 6,81 of 711. Julia Sanchez From: Leah Larrarte on behalf of CityClerk Sent: Tuesday, July 14, 2020 3:42 PM To: Julia Sanchez Subject: FIN: City of Chula Vista: Health Advisory Commission Application Follow Up Flag: Follow up Flag Status: Flagged From:webmaster@chulavistaca.gov<webmaster@chulavistaca.gov> Sent: Monday,July 13, 2020 8:56 PM To: CityClerk<CityClerk@chulavistaca.gov>; Stacey Kurz<SKurz@chulavistaca.gov>;Adrianna Hernandez <ad he rna ndez @ ch u l avi staca.gov> Subject: City of Chula Vista: Health Advisory Commission Application Warning: External Email A new entry to a form/survey has been submitted. Form Name: Healthy Chula Vista Advisory Commission Application Date&Time: 07/13/2020 5:56 PM Response#: 32 Submitter ID: 79453 IP address: 2600:1700:e530:6c60:flcf:cd43:3a50:51a5 Time to complete: 45 min.,3 sec. Survey Details ...................................................................................................................................................................................................................................................................................................................................................................................... Page 1 Application for membership on the Healthy Chula Vista Advisory Commission 1. Prefix (o) M rs. 2. First and Last Name Freda Hernandez-Nader 3. Email 4. Residence Address ...................................................................................................................................................................................................................................................................................................................................................................................... 1 2020-07-28 Agenda Packet, Page 6,82 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... S. city Chula Vista 6. ZIP Code 91911 7. Primary Phone 8. Secondary Phone Not answered 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 6 years 12. Employer YMCA-Youth& Family Services 13. Occupation Community Development Coordinator 14. Please indicate area{s}in which you have expertise and experience,or select None:(select as many as applicable) [x] None of the above(You may still be considered to represent the district in which you live.) 15. If you selected one or more of the areas of expertise and experience above,please describe your expertise and experience that you would bring to the selected area(s).(250 words or less) I indicated "none of the above".While I have knowledge in most of the areas listed-I wouldn't feel comfortable calling myself an expert in the above areas. 16. (o) I understand if I am appointed to a seat that represents my district, I must maintain my residency and elector status throughout my terms to remain eligible. 17. Have you previously served,or do you currently serve,on a Chula Vista Board,Committee or Commission (o) No 18. If yes,which one{s}and for what period of time? Not answered 19. Per Chula Vista Municipal Code Section 2.25.030, I understand: ...................................................................................................................................................................................................................................................................................................................................................................................... 2 2020-07-28 Agenda Packet, Page 6,83 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... -1f I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -1 must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 20. Are you,or have you been,involved in any local,civic,service or community groups? (o)Yes 21. If yes,please list them Founding Member-Southwestern College Alumni Association, MANA Member, Board Member, Mexican American Business and Professional Association, Mother's with a Message,Crime Survivors for Safety and Justice,Sierra Club of San Diego 22. what do you hope to accomplish in the role of a Healthy Chula Vista Advisory Commissioner?(250 words or less) In the words of Jackie Robinson "A life is not important except in the impact it has on other lives". It's an honor and duty for community members to get involved with their local City government. As the Student Trustee for Southwestern College, my responsibilities were focused on ensuring that the needs of all our students were represented and addressed. In this capacity I advocated, among other things,for resources that would protect vulnerable students, as well as helped lead projects that eventually created inclusive spaces for all students and college patrons.Generally, both my professional and volunteer work reflects my commitment to servant leadership. I am currently the Community Development Coordinator for the YMCA-Youth& Family Services branch-the only social service entity that serves the entire County of San Diego.our areas of focus include behavioral&mental health,transitional housing,youth&young adult development and family support and preservation. I have ample experience in fundraising, community relations, public speaking,grant writing,social services and strategic partnerships. I would like the opportunity to represent the District 4 constituency via the Healthy Chula Vista Commission because we are perhaps the poorest community in Chula Vista with limited access and awareness about local facilities and resources. I would like to help increase partnerships and opportunities for residents, as well as local and public agencies,to utilize our City's amenities toward fostering a healthier lifestyle for all residents. I would also like to work on creating adequate public transit access and pedestrian/bicycle routes including safe routes to schools. My life and professional experiences have provided me with many positive relationships among the various cultural groups in our community. I have a strong desire to serve because I understand and have lived the importance of fostering a stronger community through cultural understanding and the rights of all people.Access to health is a human right and should be afforded to a people. 23. You may upload a resume in addition to your application(optional). Freda H N_Resu me2020.pdf 24. The City understands meeting schedules and individual's availability may change.we ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Healthy Chula Vista Advisory Commission regular meeting date,time and frequency. 25. (o) I am familiar with the responsibilities of the Healthy Chula Vista Advisory Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... 3 2020-07-28 Agenda Packet, Page 6,84 of 711. Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 0 4 2020-07-28 Agenda Packet, Page 6,85 of 711. Freda Hernandez-Nader SKILLS EXPERIENCE Fluent Spanish Speaker - COMMUNITY DEVELOPMENT COORDINATOR,_ SAN DIEGO COUNTY YMCA- Social Media Proficiency YOUTH & FAMILY SERVICES, 2417-PRESENT • Outreach, recruitment,and community advocacy Public Speaking Exceeded recruitment goals by over 30% Polis Anal Increased community partnerships Policy Analysis • Coaching, operations, support and administration Leadership/Coaching/TrainingHired, supervised,and mentored front-line staff • One-on-one extensive case management with youth, including Event Planning internship/employment placement • Successful acquisition of employment partners such as: State Farm insurance, Fundraising Southwestern College&the California State Legislature ■ Marketing, fundraising, and communications- Created program's first Instagram Qua]i ty Assurance page and developed it into a successful tool Grant Writing COMMUNITY RESPONSE TEAM COORDINATOR, JACKIE ROBINSON YMCA, 2011-2016 Community Engagement • Community outreach, administration, customer service,and sales • Liaison for families dealing with violence related fatalities Partnerships . Community outreach • Content creation for newsletters, social media,and mass communications COMMUNITY INVOLVEMENT . Fundraising events as staff and volunteer Board of Directors, MABPA, 2017 • Local media representative MANA of San Diego,(current) MRS, FRAP�'ELL'S PRESCHOOL, ASSISTANT DIRE CTflRIPRESCHOOL TEACHER, Crime Survivors for Safety and Justice CARMEL VALLEY, 2411-2416 (current) • Curriculum development for preschool children Southwestern College Student • Daily communication with parents via social media, email, events and meetings Trustee, 201 6-2017 • General cleaning, snack preparation and craft preparation • Responsible for ensuring proper teacher and student ratio, supervision, safety and �� cleanliness for staff and children United States Congress Special Congressional Recognition"(2017) , Requiredaired to be in compliance with Community Care Licensing' CPRIAED&First Aid requirements State Assembly Recognition (2017) • Responsible for continuing education relevant to policies and procedures within early childhood education Team Captain, Copley Price YMCA EDUCATION Annual Support Campaign(volunteer) (2012) . Organizational Management,Bachelor's degree, Point Loma Nazarene University, YMCA Executive Director's Award 2017-201$ (201 9) • Communication Studies,Associate's degree, Southwestern College, 2013-2017 Member of YMCA's Justice, Equity, , Mental Health First Aid,2017 Diversity and Inclusion Committee (present) • Safe Zone Trainer, Training providers to effectively work with LGTBQ+students, 2017 2020-07-28 Agenda Packet, Page 6,86 of 711. Julia Sanchez From: Tamisha woods on behalf of CityClerk Sent: Thursday, June 25, 2020 8:23 AM To: Julia Sanchez Subject: FIN: City of Chula Vista: Health Advisory Commission Application Tamisha Woods . Records Specialist From:webmaster@chulavistaca.gov<webmaster@chulavistaca.gov> Sent:Wednesday,June 24, 2020 8:50 PM To: CityClerk<CityClerk@chulavistaca.gov>; Stacey Kurz<SKurz@chulavistaca.gov>;Adrianna Hernandez <ad he rna ndez @ ch u l avi staca.gov> Subject: City of Chula Vista: Health Advisory Commission Application Warning: External Email A new entry to a form/survey has been submitted. Form Name: Healthy Chula Vista Advisory Commission Application Date&Time: 06/24/2020 8:50 PM Response#: 30 Submitter ID: 78711 IP address: 2600:8801:a400:4f00:d52a:6fa5:8503:9fOa Time to complete: 51 min.,46 sec. Survey Details ...................................................................................................................................................................................................................................................................................................................................................................................... Page 1 Application for membership on the Healthy Chula Vista Advisory Commission 1. Prefix (o) M rs. 2. First and Last Name Elizabeth Murphy 3. Email 4. Residence Address ...................................................................................................................................................................................................................................................................................................................................................................................... 1 2020-07-28 Agenda Packet, Page 6,8,7 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... S. city Chula Vista 6. ZIP Code 91910 7. Primary Phone 8. Secondary Phone 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 30 years 12. Employer SU HSD 13. Occupation High school teacher 14. Please indicate area{s}in which you have expertise and experience,or select None:(select as many as applicable) [x] Nutrition [x] Health Care [x] Physical Activity [x] Environment 15. If you selected one or more of the areas of expertise and experience above,please describe your expertise and experience that you would bring to the selected area(s).(250 words or less) I have been a proud and active member of our community for more than 30 years.After graduating from Chula Vista High School in 1959, 1 attended Southwestern College for two years where I earned a TAG scholarship to UCSD. I proceeded to earn a B.S. in general biology with a minor emphasis in Urban Studies and Planning,focusing on the U.S. health care system and preventive heath care. I then had to decide whether to enter the health care or education profession.Since I had the opportunity to intern with a licenced home birth midwife, I tried that for two years.While I enjoyed my experience and learned a lot, being on call 24 hours a day made me realized that education would be more conducive to motherhood. I have worked as a middle and high school science and health teacher for the past 24 years,the last 19 at Palomar High School,where I have also served as ASB advisor, Health and Leadership Club advisor,TOPE (Tobacco Use Prevention Education)advisor,GSA(Gay,Straight Alliance)advisor,and after school program coordinator. I have participated in many trainings including Restorative Justice, Non-Violent Communication, Mental Health First Aid,etc. My M.Ed. program at SDSU taught me how to be a strong, inclusive leader who encourages positive communication and team work.As a parent, my husband and I managed and coached several AYSD,YMCA and Rosebank Elementary School soccer teams.While PTSD president at Hilltop Middle School, I was honored as HMS"Parent of the Year"for organizing 2 successful campus beautification projects. I also served for a short time as a docent at the Chula Vista Nature Center(now the Living Coast ...................................................................................................................................................................................................................................................................................................................................................................................... 2 2020-07-28 Agenda Packet, Page 6,88 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... Discovery Center). For the last 10 years, I have been very involved with my family's nonprofit organization,the Quin Murphy Foundation,which raises awareness about quality health care and provides scholarships to local students. Most recently it has been a pleasure volunteering for Community Through Hope by delivering food to local needy seniors and families during the pandemic. Bottom line is I am very passionate about promoting health in and making a positive difference in my community. 16. (o) I understand if I am appointed to a seat that represents my district, I must maintain my residency and elector status throughout my terms to remain eligible. 17. Have you previously served,or do you currently serve,on a Chula Vista Board,Committee or Commission (o) No 18. If yes,which one{s}and for what period of time? Not answered 19. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 20. Are you,or have you been,involved in any local,civic,service or community groups? (o)Yes 21. If yes,please list them Living Coast Discovery Center,YMCA,AYSO,Community Through Hope,Quin Murphy Foundation, Chula Vista Paradise Fire Relief 22. what do you hope to accomplish in the role of a Healthy Chula Vista Advisory Commissioner?(250 words or less) As a member of the Healthy Chula Vista Advisory Commission, I would hope to be an advocate for all Chula Vistans, especially the ones who often feel voiceless, such as children,teens, people of color, senior citizens and those in the in LGBTQ community. I am very prevention-focused and like to analyze the root causes of health and social problems to come up with the best possible proactive solutions.There are currently several issues that are very important to address including the COVI D-19 pandemic,food insecurity,domestic violence,and mental health. I would be very happy to work with other committee members to study, analyze and develop recommendations. It is worth noting that I am not bound to any special interests and would only do what is in the best interest of our community. I would ultimately want to foster strong relationships within our community to achieve our goals. It is my passion to help and empower people and I would be honored to serve my community in this role. 23. You may upload a resume in addition to your application(optional). Resume-Liz Murphy June 2018.docx 24. The City understands meeting schedules and individual's availability may change.we ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Healthy Chula Vista Advisory Commission regular meeting date,time and frequency. 25. ...................................................................................................................................................................................................................................................................................................................................................................................... 3 2020-07-28 Agenda Packet, Page 6,89 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... (o) I am familiar with the responsibilities of the Healthy Chula Vista Advisory Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 4 2020-07-2 Agenda Packet, Page 6,90 of 711. ELIZABETH MURPHY Chula Vista, CA 91910 Quafifications • Highly effective educator with over 20 years' experience addressing diverse student needs • Motivated self-starter with a proven record of initiating, developing, and managing programs • Dedicated and passionate youth and health advocate and community leader Professionab Experience 2001-present: Teacher-Palomar High School,Sweetwater Union High School District(SUHSD). Connect with and motivate at-risk students by building strong relationships and creating a positive classroom environment. Plan and administer engaging lessons in a variety of subjects including comprehensive health, biology, life science, orientation, AVID, and reading. 2014--2018: ASSETS Coordinator-Palomar High School. Managed two federal grants in collaboration with State & Federal programs and SDCOE. Responsibilities included ensuring grant compliance, planning enriching student programs and activities, organizing parent involvement events, supervising program staff, managing budgets, and creating community partnerships. 2011-2014: ASB& TUPE Advisor/Health&Science Teacher-Palomar High School. E sta b I i s h ed a positive school culture by planning &directing various school activities. Effectively managed the Tobacco Use Prevention Education (TUPE)grant which was successfully completed in full compliance. 1996-2001: Part-time/Substitute Health&Science Teacher-SUHSD. Provided effective classroom management and designed and delivered engaging lesson plans. 1994-1996: Midwife's wife's Assistant-Paula Tipton-Healy, LM Provided compassionate pre and postnatal care and assisted home births. 1987--1994: Gymnastics Instructor-South Bay &La Jolla YMCA Taught gymnastics to children ages 2- 17 and managed gymnastics camps. Education Master of Education:Educational Leadership, 2017 San Diego State University Single Subject CLAD Clear Credential(Health Sciences and Biological Sciences), 1999 [National University Bachelor of Science:General Biology, 1994 University of California, San Diego 2020-07-2 Agenda Packet, Page 6,91 of 711. ELIZABETH MURPHY Associate of Arts:General Education, 1991 Southwestern College Achievements Professional • Transformed a failing, uncompliant program into a successful, compliant continuation high school after school program, 2014--present • Formed a successful community partnership between PAH and the South Bay YMCA which includes an innovative student internship program, 2016--present • Founded and advised the Palomar Health & Leadership Club, 2014--present • organized various campus health campaigns, school activities, and field trips 2010- present • School Site Council Representative, Palomar High School, 2005-61 2013- 14, 2016- present • Palomar Leadership Team member, 2010--2016 • Efficiently organized engaging school-wide health fairs and campaigns, 2011-2016 • Recognized as an outstanding Friday [Night Live chapter leader, 2012-2016 • Palomar High School Teacher of the Year Finalist, 2014 • Successfully managed the Tobacco Use Prevention Education (TUPE)grant, 2012- 14 • Effectively advised the Palomar High School ASB that resulted in increased student involvement and positive school culture, 2011--2014 Volunteer • Board member of the Palomar High School Scholarship Foundation, 2016--present • Co-founder and board member of the Quin Murphy Foundation which has awarded nearly $100,000 in scholarships to local students, 2010- present • Co-founder of the Chula Vista-Paradise Fire Relief Fund, 2018 • Hilltop Middle School PTSD President, 2010- 11 • Applied for and awarded a $5000 grant on behalf of Hilltop Middle School PTSD, 2011 • Hilltop Middle School Site Council parent representative, 2009--11 Professionab DevOopment • Restorative Practices, 2015-19 • The Art of Communication, 2018 • BOOST(Best out of School Time Conference), Palm Springs, 2015 & 2017 • Mental Health First Aid Certification, 2015 • Trust Conference (Teens Reflecting and Understanding Stigma Together), San Diego, 2015 • Supporting English Language Learners Through After School Programs, 2014-15 • Positive Communication in the Workplace, 2014 • Eliminating Barriers to Learning, 2013 • Understanding by Design, 2011 2020-07-2 Agenda Packet, Page 6,92 of 711. ELIZABETH MURPHY References Miriam Miriam Du Principal, Palomar High School, 2019- presen ift Karen Hernandez- Principal, Palomar High School, 2017-2019. Jason Josafat-AP, Palomar High School, 2017-202 2020-07-28 Agenda Packet, Page 693 of 711 Julia Sanchez From: Leah Larrarte on behalf of CityClerk Sent: Thursday, June 11, 2020 10:40 AM To: Julia Sanchez Subject: FIN: City of Chula Vista: Health Advisory Commission Application Please process! From:webmaster@chulavistaca.gov<webmaster@chulavistaca.gov> Sent:Thursday,June 11, 2020 8:50 AM To: CityClerk<CityClerk@chulavistaca.gov>; Stacey Kurz<SKurz@chulavistaca.gov>;Adrianna Hernandez <ad he rna ndez @ ch u l avi staca.gov> Subject: City of Chula Vista: Health Advisory Commission Application Warning: External Email i A new entry to a form/survey has been submitted. Form Name: Healthy Chula Vista Advisory Commission Application Date&Time: 06/11/2020 5:49 AM Response#: 26 Submitter ID: 75156 IP address: 67.207.215.3 Time to complete: 24 min., 16 sec. Survey Details ...................................................................................................................................................................................................................................................................................................................................................................................... Page 1 Application for membership on the Healthy Chula Vista Advisory Commission 1. Prefix (o) Dr. 2. First and Last Name Allen Rodriguez 3. Email 4. Residence Address S. city ...................................................................................................................................................................................................................................................................................................................................................................................... 1 2020-07-2 Agenda Packet, Page 6,94 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... Chula Vista 6. ZIP Code 91910 7. Primary Phone 8. Secondary Phone 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 2 years 12. Employer Scripps Health; San Ysidro Health 13. Occupation Physician (Family Doctor) 14. Please indicate area{s}in which you have expertise and experience,or select None:(select as many as applicable) [x] Nutrition [x] Health Care [x] Physical Activity 15. If you selected one or more of the areas of expertise and experience above,please describe your expertise and experience that you would bring to the selected area(s).(250 words or less) I have worked in science and medicine, including basic lab research and population research,over more than 10 years.As a family physician serving more than 1,000 local residents a year, both in the hospital and in the clinic, I hear every day stories of the challenges and successes people have in their struggles for health. I hope to bring an evidence-based mindset to the commission, helping to interpret research studies to see what might be applicable to our community,and contribute with our own data collection and analysis where needed.There is so much we can do outside the walls of the clinic or hospital to prevent illness and improve functioning. I recently took a 200 hour course on Integrative Medicine through the University of Arizona,which focused on non-pharmaceutical approaches to health, including but not limited to prevention, nutrition, physical activity,sleep,mindfulness,stress, environmental exposures, spirituality and more 16. (o) I understand if I am appointed to a seat that represents my district, I must maintain my residency and elector status throughout my terms to remain eligible. 17. Have you previously served,or do you currently serve,on a Chula Vista Board,Committee or Commission (o) No ...................................................................................................................................................................................................................................................................................................................................................................................... Z 2020-07-2 Agenda Packet, Page 6,95 of 711. ...................................................................................................................................................................................................................................................................................................................................................................................... 18. If yes,which one{s}and for what period of time? Not answered 19. Per Chula Vista Municipal Code Section 2.25.030, I understand: -If I am currently serving on a board or commission,I must resign from my current board or commission if I am appointed. -I must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 20. Are you,or have you been,involved in any local,civic,service or community groups? (o)Yes 21. If yes,please list them SD County Medical Society(Board Member); SD Academy of Family Physicians(member);Chula Vista Walking Club 22. What do you hope to accomplish in the role of a Healthy Chula Vista Advisory Commissioner?(250 words or less) I love living in the city of Chula Vista and want to contribute to the health and well-being of the community as much as possible. I would like to increase the local community's access to high quality medical information and help people understand that attaining good health and healthy aging does not have to be complicated! We have a wealth of knowledge in the community.Simple daily activities can increase our sense of well being and interconnected-ness as a community,and this will create a safer and healthier city for us all.At the same time,we can work with local organizations and industry to find those simple"nudges"that can help make the healthier choices easier and more obvious for their employees and patrons to make for themselves. I would love to work with the senior centers and help with the healthy aging,active transportation,and parks planning groups and to give my medical input where needed,and learn from them how I can better serve members of our community. 23. You may upload a resume in addition to your application(optional). Rodriguez Resume.pdf 24. The City understands meeting schedules and individual's availability may change.We ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Healthy Chula Vista Advisory Commission regular meeting date,time and frequency. 25. (o) I am familiar with the responsibilities of the Healthy Chula Vista Advisory Commission. I attest that the information I have provided is accurate and true. ...................................................................................................................................................................................................................................................................................................................................................................................... Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 0 3 2020-07-2 Agenda Packet, Page 6,96 of 711. ALLEN RODRIGUEZ, M.D. Family Medicine Resident Chula Vista, CA EDUCATION Scripps Chula Vista Family Medicine Residency 2018-present David Geffen School of Medicine, UCLA-Doctor of Medicine 2018 University of California, Berkeley-Bachelor ofArt.y, Molecular and Cellular Biology 2009 Freie Universitat Berlin, Germany—2 semesters of study abroad in molecular neuroscience 2008 HONORS AND AWARDS David Geffen Medical Scholarship 2014-2018 DGSOM's most prestigious merit-based scholarship. Gold Humanism Society 2017-2018 Awarded through a peer-nomination process to identify students who demonstrate humanistic qualities UCLA/Charles Drew University LMSA Community Service and Leadership Award 2016 "For E emplaiy Service, Alfentorsh.ip and Advocacy for Underserved Latino Communities in California" REGIONAL AND NATIONAL APPOINTMENTS California Medical Association, Resident and Fellow Section Alternate Delegate 2019-20 LMSA West Policy Committee 2016-18 California Medical Association, Technical Advisory Committee on Diversity and Inclusion 2017-18 Reference Committee Member AAFP Student and Resident Congress 2017 Los Angeles County Medical Association Young Physicians Committee 2015; 2017 AAFP delegate to the AMA-MSS Annual Meeting 2016 AAFP delegate to the AMA-MSS and House of Delegates, Interim Meeting 2015 CAFP delegate to the AAFP National Conference of Residence and Delegates 2015 MEDICAL SCHOOL LEADERSHIP Contributing Editor-American Medical Student Research Journal 2014-18 MSC Sub-Committee on Diversity and Inclusion 2016 Search Committee - Assistant Director for Diversity, Inclusion and Outreach, DGSDM 2016 Member, California Academy of Family Physicians Student and Resident Councils 2015-16 Executive Committee Connecting Californians to Care 2015-16 President-American Medical Association Student Chapter 2015-16 President-LMU-UCLA Connection 2015-16 Co-Founder and Vice Chair of Policy - MedDreamers 2015-16 Medical Student Representative-UCLA DGSDM Latino Medical Student Association 2015-16 Social Chair UCLA DG SOM Latino Medical Student Association 2015-16 Certified Enrollment Counselor, Covered California 2014-16 2020-07-2 Agenda Packet, Page 697 of 711. MEDICAL SCHOOL ACTIVITIES /VOLUNTEERISM Mentor - LMUCLA Connection; MEDGLO; Latino Medical Student Association; BigSibLittleSib; UCLA PREP and RAP; Medlife; AMSA Mock Interviewer—AMSA, LMSA, LMUCLA Connection, MiMentorI MEDPEP Health Fair/Homeless outreach— Student Run Homeless Clinic; Care Harbor; Lennox Health Fairs; Manchester Square; Integrated Mobile Health Task Force Medical School Admissions - Admissions Ambassador, Tour Guide, Admissions Interviewer Event Coordination—Global Health Awareness Week 2015; Cultural Awareness Week 2015; SoCal LGBT Health Conference 2015-16; Breakout Session - Medical Students as Innovators and Community Leaders at the 2015 NEPO Building Healthy Communities Summit; Know Your Brand Presentation at AMA HDD 2015; Beijing Medical Student Mixer 2015; DGSOM All-School Volunteer Day 2015-16; Hosted Local Event; Attracting Black Men to Medicine: Physicians' Call to Action Webinar Elective Coursework. Global Health; Student Run Homeless Clinic; Intro to Surgery; Ethics in Medicine and Bioethics; Leadership in Medicine Third Place - Racquetball—MedGames 2016 UALITY IMPROVEMENT RESEARCH Cost Effectiveness of Diabetes Treatment: A New Economic Model in progress Diverting Those with Severe Mental Illness from LA County Jails in progress Harbor UCLA Child and Adolescent Psychiatry, M Tawa, MD 2016-2017 Psychiatric Emergency Room Patient Education Resource Development UCLA Family Medicine, R Tsai, MD 2014-16 The Patient Voice in Goals of Care: Encouraging Goals of Care Discussions in the Primary Care Setting C-I-CARE Intern, UCLA Health System, Tony n n n Padilla 2011-14 Audited phone lines and staff-patient interactions; oversaw team of 12 undergraduate Volunteers; prepared monthly departmental compliance reports CLINICAL AND BASIC SCIENCE RESEARCH Harbor UCLA Neurology,N Diaz, MD 2016 UCLA Plastic Surgery, G Earias-Eisner; MD 2015 UCLA Neuropathology,HV Vinters, MD 2014-15 Harbor UCLA Trauma Surgery,D Y Kini, MD 2014-15 Staff Research Associate TI, Department of Neurobiology, UCLA. NC Breeha, PhD 2011-14 Ophthalmic Technician, Glaucoma Institute of Beverly Hills. M Berlin, MD 2009 Research Assistant,Neurobiology, FU Berlin. HJPfliiger, PhD 2009 Research Apprenticeship Program, Bioengineering, UC Berkeley.AE Herr, PhD 2008 Intern, NYU Center for Neuromagnetism. RR Llinas, PhD 2007 NSF REU, Integrative Biology, UC Berkeley. TB Hayes, PhD 2007 2020-07-2 Agenda Packet, Page 6,98 of 711. PROFESSIONAL MEMBERSHIPS The Association of Medicine and Psychiatry 9 Los Angeles County Medical Association American Medical Association e California Medical Association Doctors for America • California Academy of Family Physicians American Academy of Family Physicians e Students for a National Health Program American College of Physicians • American Medical Student Association s American Academy of Pediatrics . Latino Medical Student Association American Psychiatric Association • Student National Medical Association American College of Obstetricians and 9 Aslan Pacific American Medical Student Gynecologists Association American College of Preventative Medicine a Network of Ethnic Physician Organizations American College of Emergency Physicians • American Academy of Addiction Psychiatry • Radiological Society of North America RESOLUTIONS AUTHORED AAFP NC-15: Improved Access to Student Loans AAFP NC-15: Transparency in Medical Student Tuition Costs CMA Resolution 6021603-15: Medical School Loan for Undocumented Medical Students and Loan Forgiveness Eligibility ...la::..:...:....:n Ca1<lifo ria) AMA MSS I-15 Resolution 27: Youth Health Pipeline Programs Initiative AAFP NC-16 S 1-104: Promoting Inclusive Gender, Sex, and Sexual orientation options on Medical Documents AAFP NC-16 52-203: Importance of oral Health in Medical Practice AAFP NC-16 52-21 1: Improving Awareness, Detection and Prevention of Lead Contamination LMSA 16-RS: DACA Language Modification LMSA 16-R11: Comprehensive Policy on Women's Reproductive Rights AMA MSS I-16 Resolution 53: Promoting Awareness and Education on Structural Violence within Medical School and Residency Training PUBLICATIONS AND PRESENTATIONS Peer-Reviewed Manuscripts 1. de Sevilla Muller LP, Liu J, Solomon A, Rodriguez A, Brecha N. 2013. Expression of voltage- gated calcium channel a264 subunits in the mouse and rat retina. J. Comp. Neurol., 521: 2486- 2501. 2. Perez de Sevilla Muller L, S argoy A, Rodriguez AR, Brecha NC (2014) Melanop sin Ganglion Cells Are the Most Resistant Retinal Ganglion Cell Type to Axonal Injury in the Rat Retina. PLoS ONE 9(3): e93274. 3. Rodriguez, A. R., de Sevilla Muller, L. P. and Brecha, N. C. (2014), The RNA binding protein RBPMS is a selective marker of ganglion cells in the mammalian retina. J. Comp. Neurol., 522: 1411-1443. 4. Perez de Sevilla Muller, L., Sargoy, A., Fernandez-Sanchez, L., Rodriguez, A., Liu, J., Cuenca, N. and Brecha,N. (2015), Expression and cellular localization of the voltage-gated calcium channel x263 in the rodent retina. J. Camp. Neurol., 523: 1443-1460. 2020-07-2 Agenda Packet, Page 6,99 of 711. 5. Matynia A, Nguyen E, Sun x, Blixt FW, Parikh S, Kessler J, Perez de Sevilla Muller L, Habib S, Kim P, Wang ZZ, Rodriguez A, Charles A,Nusinowitz S, Edvinsson L, Barnes S, Brecha NC and Gorin MB (2016) Peripheral Sensory Neurons Expressing Melanopsin Respond to Light. Front. Neural Circuits 10:60. dol: 10.33891fncir.2016.00060. 6. Perez, D. S. M. L., Solomon, A., Sheets, K., Hapukino, H., Rodriguez,A., & Brecha, N. C. (2017). Multiple cell types form the VIP amacrine cell population. The Journal of comparative neurology. dot: 10.10021ene.24234 Peer-Reviewed Abstracts 1. LP de Sevilla Muller, J Liu, A Solomon, A Rodriguez,N Brecha. 2012. Immunocytochemical Localization Of The Voltage-gated Calcium Channel a24 Subunit In The Rodent Retina. Investigative Ophthalmology& Visual Science, 53 (14), 769-769 2. Rodriguez, A. R., de Sevilla Muller, L. P. and Brecha, N. C. The RNA binding protein RBPMS is a specific marker of ganglion cells in the mammalian retina. Investigative ophthalmology & Visual Science 55 (13), 2392-2392 3. Brecha NC, Solomon A, Rodriguez AR, Vuong H, de Sevilla Muller LP, Wong BL, Barnes SA. 2014. VIP-expressing amacrine cells in mouse retina: Multiple subtypes With heterogeneous properties. Investigative ophthalmology& Visual Science 55 (13), 4174-4174. 4. DY Kinn, E Tamrazian, A Rodriguez, A Neville, B Putnam, D Plurad. Does Compliance With the Surgical Management of Traumatic Brain Injury Guidelines Result in Improved outcomes? American Association for the Surgery of Trauma, 2015 Annual Meeting, Sep. 9-12, Las Vegas, NV 5. DY Kim, E Tamrazian, A Rodriguez, A Chen, J Maciel, A Moazzez, DS Plurad. Effect of Empiric Antibiotics on the Development of Early Onset Pneumonia in Trauma Patients With Suspected Aspiration. 2016. 6"h Annual Meeting of The Southwestern Surgical Congress. April 3- 6, 2016. Coronado, CA. Oral Presentations 1. Rodriguez A, Falso P, Hayes, TB. 2007. Pesticide Mixtures, Stress Response, and Amphibian Decline: A Field Study. NSF REU Annual Presentation. Berkeley, CA. 2. Rodriguez, Bhattar, Textor. 2015. Health Disparities in Vulnerable Populations—DGSOM Welcome Week Lecture to entire incoming first year class. Los Angeles, Summer 3. Rodriguez A. Calciphylaxis. SDAFP 61 st Annual Postgraduate Symposium, San Diego, CA. Poster Presentations 1. A Rodriguez, Y Anaya, J Cabral es, L Harris, S Lee, R Tsai. Patient's Voice in Goals of Care. UCLA Institute for Innovation in Health. Jan 2016. Newspaper/In the Media 1. Interview with Advisory Board Member Dr. Efrain Talamantes MD MPH MBA; LMSA Fall Newsletter 2015 2. AAFP News Students Tackle Educational Debt, Burnout, Other Topics AAFP News, 2015. tt :/ wd aaf -or /ne s/e ucation- rofessi.onal- evelo ent 2 5 5 stu entc an teas.-.t l 2020-07-2 Agenda Packet, Page 700 of 711. 3. UCLA's MedDreamers seeks to advocate for undocumented medical students, Daily Bruin, Aug 2015. h- ://dai-l- o-advo c ate-for-undocumen-ted- m-edical-students/ 4. Feature on Why DGSOM? David Geffen School of Medicine Social Media; h 464 2271-679067 5. Clinton v. Trump: Health Care Proposals-by Talia Robledo-Gil and Allen Rodriguez linton y trump health care.... r osals 1-2409 ................................................................... ................................................................................................................................. a. One of the top 10 posts on InTraining.org for 2016. 6. A Case for Psychological Evaluations for All Medical Students, April 2017. Southern California Psychiatric Association. 7. Graduate students collaborate to improve access to health care, March 2018. h collaborate to�....'t-%..roye access to health care/ ....... ............................................................................................................................................ PROFESSIONAL REFERENCES Dr. Samuel Sessions, Harbor-UCLA Director of Inpatient of Psychiatry Email: Dr. Arthur Ohanessian, Associate Pr Director, Family Medicine Email: ram ii" Dr. Gerado Moreno, Executive Director, PRIME, David Geffen School of Medicine Email: Dr. Efrain Talamantes, Associate Director, Center for Reducing Health Disparities, UC Davis Email: Dr. Raymond Tsai Associate Director, Clinical Innovation at The Wonderful Company LLC Email: 2020-07-28 Agenda Packet, Page 701 0f 711 Lea h La rra rte From: Webmaster Sent: Tuesday, May 05, 2020 4:11 PM To: CityClerk; Adrianna Hernandez; Monica Rodriguez; Coleen Wisniewski; Manuel Medrano Subject: City of Chula Vista: Sustainability Commission Application - web form A new entry to a form/survey has been submitted. Form Name: Sustainability Commission Application Date&Time: 05/05/2020 4:10 PM Response#: 22 Submitter ID: 76791 IP address: 69.221.224.151 Time to complete: 9 min.,27 sec. Survey Details Page 1 Application for membership on the Sustainability Commission 1. Prefix (o) Dr. 2. First and Last Name Angelica Rodriguez 3. E-mail 4. Home Address S. city Chula Vista 6. ZIP code 91911 7. Primary Phone 8. Secondary Phone 1 2020-07-2 Agenda Packet, Page 702 of 711. Not answered 9. Are you registered to vote in Chula Vista? (o)Yes 10. Do you live within the City limits of Chula Vista? (o)Yes 11. How Long? 21 12. Present employer University of California San Diego 13. Occupation Postdoctoral Scholar 14. Are you currently serving on a Chula Vista Board/Commission? (o) No 15. Which one(s)? Not answered 16. Have you previously served on a Chula Vista Board/Commission? (o) No 17. Which ones? Not answered 18. Per Chula Vista Municipal Code Section 2.25.030, 1 understand: -1f 1 am currently serving on a board or commission,1 must resign from my current board or commission if 1 am appointed. -1 must have served at least 12 months on my current board or commission in order to be appointed to another board or commission. (o) I have read and acknowledged the above statement. 19. Are you or have you been involved in any local,civic or community groups? (o) No 20. Which ones? Not answered 21. What are your principal areas of interest in our City government,and what experience or special knowledge can you bring to those areas? As a life-long citizen of South San Diego,and long-time resident of Chula Vista, I would take great pride in serving on the Sustainability Commission. I am a postdoctoral researcher at the Scripps Institution of oceanography,one of the world's leading environmental research institutions. In addition, I teach courses at the University of California San Diego for the Environmental Systems and Climate Change Studies programs.Through my education and professional experiences(please Z 2020-07-2 Agenda Packet, Page 703 of 711. see the attached CV for details), I have attained a level of understanding of modern environmental issues that surpasses the majority of the public.As such, I am well-suited to be a commissioner. 22. what would you hope to accomplish in the role of a Resource Conservation Commissioner?(250 words or less) I currently conduct research for the Center for Climate Change Impacts and Adaptation, leading the Resident Futures: San Diego Bay project. I also conduct nearshore water quality research for the Giddings lab at SID. My network of colleagues in environmental leadership across the county is vast,which I would use to present a critical perspective for the city of Chula Vista. My goal would be to make Chula Vista a leading city in the field of sustainability. I would also like to amplify the city's presence in regional meetings such as those lead by the San Diego Regional Climate Collaborative. I expect this to enhance visibility and awareness, in order to promote best practices in our city that are informed by the latest science. 23. You may upload a resume in addition to your application(optional). rod rigu ez_cv_M arch-2020.pdf 24. The City understands meeting schedules and individual's availability may change.we ask that you consider the meeting schedule when submitting an application. (o) I have reviewed the Resource Conservation Commission regular meeting date,time and frequency. 25. (o) I am familiar with the responsibilities of the Resource Conservation Commission. I attest that the information I have provided is accurate and true. Thank you, City of Chula Vista This is an automated message generated by the Vision Content Management System'".Please do not reply directly to this email. 3 2020-07-2 Agenda Packet, Page 704 of 711. Angvelica R. Rodriguez CONTACT INFORMATION EDUCATION University of California San Diego Ph.D., Oceanography 2019 Physical Oceanography Curricular Group M.S., Oceanography 2014 Physical Oceanography Curricular Group B.S,, physics with Specialization in Earth Science 2013 Minor: Environmental Systems FELLOWSHIPS, Oceanids Memorial Fellowship 2018 GRANTS,ANIS Naval Research Enterprise Internship 2017 SCHOLARSHIPS Carl Storm Underrepresented minority Fellowship to attend the Gordon 2015 Research Conference on Coastal Ocean Modeling National Center for Atmospheric Research Large Allocation Recipient 2015 Environment lasker-Minh-dose Grant for Climate Change Research. 2015 through the San Diego Foundation with the ca-applicant Sarah Giddings National Science Foundation on Fellowship 2013 San Diego Fellowship 2013 Woods Dale Oceanographic Institution Summer Fellowship 2012 Scripps Undergraduate Research Fellowship 2011. TOS/ASLO/AGU 2012 Ocean Sciences Meeting REU to Meeting Student 2011 Award Chula Nista Women's Club Scholarship 2008 SEARCH Postdoctoral Scholar (2019-Present), Scripps Institution of Oceanography, EXPERIENCE Project: Enhancement of wave and flood forecasting, flood risk assessment, and monitoring of San Diego Bay Advisor: Marls Merrifield Graduate Student Researcher (2013-2019), Scripps Institution of Oceanography. Project: buoyancy transport mechanisms at continental shelf[, surf zone, and estuarine scales Advisor; Sarah Giddings Naval Research Enterprise Intern (2017), Space and Naval Warfare Systems Command _ Systems Venter Pacific. Project: San:Diego day circulation experiment Mentors. Suzanne graham and Jessica Bredvi Research Assistant (201.1-2013), Scripps Institution of Oceanography. .project:. An oceanic heat transport pathway to the Amundsen Sea Embayment Advisor: Sarah Gille Undergraduate research Fellow (2012), Woods:Mole Oceanographic Institution, Rodriguez,A. R. Cv 1/ 2020-07-2 Agenda Packet, Page 705 of 711. Project: Eddy heat flux along isopycnals in the Amundsen Sea (Southern Ocean) Advisor: Kurt Polzin Undergraduate Research Fellow (2011), Scripps Institution of Oceanography. Project.- Oceanic heat sources near Pine Island Glacier Advisor: Sarah Gille JOURNAL Rodriguez, A. R., Giddings, S. N., Bredvik, J. J., and Graham S. E. (2020). Lateral PUBLICATIONS circulation in a low-inflow seasonally hypersaline estuary. In preparation for Estuaries and Coasts. Rodriguez, A. R., Giddings, S. N., and Kumar, N. (2018). Impacts of nearshore wave- current interaction on transport and mixing of small-scale buoyant plumes. I Geophysical Research Letters, 45, 8379-8389. https://I c I toi.org/10.1+ 29/201 8 GL078328. Rodriguez, A. R., Mazloff, M. R., and Gille, S. T. (2016). An oceanic heat transport pathway to the Amundsen Sea Embayment,Journal(?f Geophysical Research.- Oceans, 121, 3337-3349. doi: 10.1002/2015JCOI.1.402. HIGHER Instructor of Record (Winter 2020) UCSD Environmental Systems 102: The Solid EDUCATION and Fluid Earth. TEACHING Instructor of Record (Fall 2019) UCSD Climate Change Studies 102: Research Perspectives on Climate Change. Guest Lecturer (Spring 2018), UCSD Scripps Institution of Oceanography 205: Estuarine and Coastal Processes. SERVICE, Environmental Systems Program Advisory Committee Member (2019-202,0), INFORMAL Scripps Institution of Oceanography. TEACHING, AND Editorial and Publications Committee Member (201A7-201.9), Scripps Institution of OUTREACH Oceanography. Collaborator (201"7), ON R sponsored grant, "Creating, Scaling and Sustaining NGSS- Aligned, ONR-Informed Research in High School Science Classrooms." Workshop Organizer (2012, 2015, and 2016), Expanding Your Horizons Conference. Invited speaker (2015), U.S. Navy's Southwest Regional Maintenance Center Women's History Month Event. Invited Speaker (2014), SIO Summer Undergraduate Research Fellowship Research Symposium. SIO Student Representative (2014), Society for Advancement of Hispanics/Chicanos and Native Americans in Science National Conference. Assistant Instructor (201.1-2012), Ocean Discovery Institute. Association for Women in Science Outreach Committee Member (201.1-2012), San Diego, California Chapter. Rodriguez,A. R. CV 2/3 2020-07-28 Agenda Packet, Page 706 of 711 CONFERENCE Rodriguez, A., S. N. Giddings, S. Graham, J. Bredvik, 2020. Lateral circulation in a AND low-inflow, seasonally hypersaline estuary. Ocean Sciences Meeting, San Diego, CA. SEMINAR Poster. PRESENTATIONS* Rodriguez, A., S. N. Giddings, S. Graham, J. Bredvik, 2018. Lateral circulation in a low-inflow, seasonally hypersaline estuary. Ocean Sciences Meeting, Portland, Oregon. Talk. Rodriguez, A., S. N. Giddings, N. Kumar, 2017. Assessing the influence of surface gravity waves on small-scale, buoyant coastal outflows. Coastal and Estuarine Research Federation, Providence, Rhode Island. Talk. Rodriguez, A., S. N. Giddings, N. Kumar, 2017. Wave-current interaction impacts on small Kelvin number freshwater plumes. Gordon Research Conference on Coastal Ocean Dynamics, Biddeford, Maine. Poster. Rodriguez, A., 2017. Summertime circulation in San Diego Bay. NOAA. Southwest Fisheries Science Center MMTD Science and Issues Seminar, San Diego, California. Talk. Rodriguez, A., 2017. San Diego Bay Circulation Experiment. SPAWAR NREIP Poster Session, San Diego, California. Poster. Rodriguez, .A., S. N. Giddings, and N. Kumar, 2015. Assessing the impact of wave forcingt.s�P,,on small river plumes. Coastal and Estuarine Research Federation, Portland, Oregon. Poster. Gilroy, A., S. N. Giddings, and N. Kumar, 2015. Assessing the impact of wave forcing on small river plumes using the COAWST Modeling System. Gordon Research Seminar and Conference on Coastal Ocean Modeling, Maine. Poster. Gilroy, A.,M. Mazloff, and S. Gille, 2014. An Oceanic Heat Transport Pathway to the Amundsen Sea Embayment. West Antarctic Ice Sheet Workshop, Julian, California. Talk. SELECT Chief Scientist's Team Member on the 2013 North Pacific Repeat Hydrography ADDITIONAL Cruise (May 2013), U.S. Global Ocean Carbon and Repeat Hydrography Program. EMPLOYMENT Operated the CTD and rosette bottle system both on deck and in the lab, drew and documented water samples, and worked on data quality control and analysis alongside the chief scientist, Sabine Mecking, and co-chief scientist, Gunnar Voet. Ocean Science Explorers Intern (Sept.-Dec. 2012), Ocean Discovery Institute. Severed as an assistant instructor and conducted a research project: "Recommendations for a New Environmental Behavior Impact Assessment Plan for the Ocean Discovery Institute's Ocean Science Explorers Program." Environmental Records Clerk(June-Sept. 2010), Naval Facilities Engineering Command, Dept. qfNavy. Last name changed from Gilroy to Rodriguez in 2015 Rodriguez,A. R. Cv 3/3 2020-07-28 Agenda Packet, Page 707 of 711 A GtJ E 1, ' ' S /' /r Council Action Advised by August 31, 2020 Jure 30, 2020 TO: Mayors, City Managers and City Clerk RE: DESIGNATION of VOTIINGEL EGA T ES AND ALTERNATES League of CaliforniaCities Annual Conference & E:spew October 7 , 2020 The League's 2020 .Annual Conference & Expo is scheduled for October: 7 —9. An important part of the Annual Conference isthe Annual.Business Meeting (during General Assembly) on Friday, October 9. At this ineeting, the 1,,eague men-ibersbip co�nsider's and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Wednesday, September 30. This will allow us time to establish voting delegate/alternate records prior to the conference, Please note the following procedures are intended to ensure the integrity of the voting processat the Annual Business Meeting. These procedures assume that the conference will be held in- person at the Lon, Beach Convention Center as planned. Should C OVI -19 conditions and �restrictions prohibit the League from holdin an inn- ers,on conference, new rocedures will be t�ode ,. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached.Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or,have your cit clerk or mayor sign the form affirming �. that the names provided are those selected by the city council. please note that designating the voting delegate and alternates must be done by city council action and. cannot be accomplished by individual action of the mayor or city mana er alone.. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by the end of July at �vwwxqcities.org. 1n order to cast a vete, at least one voter must be present at the Business Meeting and in possession of the voting delegate card.. 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The voting delegate card may be transferred freely between the voting delegate and alternates, but o� y between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together,they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long each. Convention Center, will be open at the following times: Wednesday, October 7, 8:00 a. n. — 6:00 p.m.; Thursday, October 8, 7:00 a.m. —4:00 p.m.; and Friday, October 9, 7:30 a.m.-11:30 a.m.. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this, memo. Please share these procedures and this inemo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, than you for completing the voting delegate and alternate form and returning it to the, League's office by Wednesday, September 30. If you have questions, please call Darla Yacub at (916) 658-82514. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Altemate Form Lw E A G t"VE 'i CITY:/ 2020 ANNUAL CONFERENCE VOTING DELEGAT"E/'ALTERNATE FORM Please complete this form and return it to the League, office by Wednesday, Se rnber 30, 20-20, Forms not seat by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and u to two alternates. In order to vete at the Annual Business Meeting(General Assembly),voting delegates and alternates must he designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please rate: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge.This sticker can he obtained only at the Voting Delegate Desk.. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE -ALTERNATE 3. VOTING DELEGATE -ALTERNATE Name: Name: Title: Title. PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING 'DOTING DELEGATE AND ALTERNATES. R. ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: Frail Mayor or City Clerk sate Phone (circle one) (signature) Please complete and return by Wednesday, September 30, 2020 League of California Cities FAX: (916) 658-8240 ATTN: Darla Yacub E-mail: dyacub@cacities.org 14001 K Street, 411 Floor (916) 658-8254 Sacramento, CA 95814 r , ✓, r/ / r✓ r r /, r r,/ / ,,,, r r r r / ,:,. r/ ✓ ,,.,.. r/,./r r. / ! -/. r r. ✓: / /. �, ! i/. yr �. �,. r, w,,ru.. .. f.. .,., /,s. r../.r ✓�. �,,. rV/ ,r „.,.r r .., ,/r r.,/ r/. /. r .,l..// r i„/.`/. r / �r / r r r /l r ,. /. ,.r, /, „r,,.. r.r/.., i(./rl✓. ./ ,.i. ,! /.. i, r, r., �,:r. /. ..r r./ / /G. / / .,/ ,..r� ,r/ ,.. / r. r. ., / / „/„r../i/e..,r r,/- -! r.i/ ,./ ,. -f r r. ,r / , /r/ /.. / ✓- y r G. ,/ r. ,,, r.. r/., / ..,, ..o r "-J ✓ ,,..iJ /..r.. ,.,�/✓..✓ /..i r. �. /: I .(�../.r ,./ I. / / / / rig /. r r /., ,,r` / ,./ r :,.r / r // 1/✓ f. ..//.r. r. / /,. / .././ ! r✓r..,✓ /i'' G. r � / ,r-, /r.�, /.. r /r. /.,. r /: ,r r,. r r r ,r ,.. r e r.. r. /r /!r.,, r/. ✓.. ..rr ,., fr f/� ,.. r/ ( -// ,r. ../ / r ,. r, r r r / �J, r-: / r.. r/ rr �„,,.,r r.,./.. / ✓,./ ,r. %1,, ,..r,. n r/ r J.✓. / /..// / �rr ,.., -r ,. ri / <,: /,1 ..%l., /r�i /d. r: ,,,/,,, , r/ / ,.. ... r I ,r r „/ r,. ,. r.,. ,,., ✓/f/../r ,, /� r /. ,1/r,,.rl r./ r. /: /r/I r / r r ,/ r r /, /,rrr r rsir, 1 r ✓, ! / / r o r C / //�,✓ � e./ / r a r, r; f ,. lr, r r. ,,., .., u r � ,.f.� ,r r` r.. t. 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J r..✓r l/`/eu../,/ r / /, .,,, / ✓ / ,.,,,i .�.. .r.r „( /r.r f /� /-,.f ',,,,✓ /: J /..,.r , ,,./. r.(,� ..,,:, .;- // .,.,/ / -”,r. r„rrwr ,,,,,r,,.✓ %„„ / r,�,,,, ,/�,.,✓, //✓/p/,r/,p ,,/�/,r r,/ rl� ,r, rrr„ ,✓. / 1C-i U E l" A .- .., r � ppµL I F() � l I A 'sem° S Annual Conference ference V ting Procedures 1. the City One Vote. Each member city has a right to cast one vote vote on matters pertaining to League policy. . Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the LeagueCredentials, Committee. .. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign i at the Voting Delegate LIesl . Here they will receive a special sticker on their na i-ie badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked alp their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a. resolution., 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates,but n-ay not be transferred to another city official who is neither a.voting delegate or alternate. 6. Votiniz Area at Business,Meeting. At the Business Meeting, individuals with a voting card. will sit in a designated area.. Adn-fission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes.Utes. In case of dispute, the Credentials Cone-littee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business:Fleeting. /r r ,,./r r /... 6f ��:. fr /. /. / v.,. /. r,. -/Jr �r// /:..✓/ ,. ,J. ::., ,. / r r :, / r-; ':r ,,,r, , f.,,. 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