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Agenda Packet 2016_11_15
,. CM OF CHULA VISTA T Mary Casillas Salas, Mayor Patricia Aguilar, Councilmember Gary Halbert, City Manager Pamela Bensoussan, Councilmember Glen R. Googins, City Attorney John McCann, Councilmember Donna R. Norris, City Clerk Steve Miesen, Councilmember Tuesday, November 15, 2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER ROLL CALL: Councilmembers Aguilar, Bensoussan, McCann, Miesen and Mayor Casillas Sa/as PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE SPECIAL ORDERS OF THE DAY A. 16-0515 EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES B. 16-0549 PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2016 CHRISTMAS IN OCTOBER C. 16-0528 PRESENTATION OF A PROCLAMATION TO SWEETWATER UNION HIGH SCHOOL DISTRICT DIRECTOR OF CURRICULUM AND INSTRUCTION ROMAN DEL ROSARIO PROCLAIMING NOVEMBER 13 THROUGH NOVEMBER 19, 2016 AS GEOGRAPHIC AWARENESS WEEK IN CHULA VISTA City of Chula Vista Page 1 Printed on 11110/2016 2016-11-15 Agenda Packet Page 1 City Council Agenda November 15,2016 D. 16-0441 PRESENTATION OF A PROCLAMATION TO DEBBIE SSPE, CHAIR OF THE CHULA VISTA CHARITABLE FOUNDATION, PROCLAIMING NOVEMBER 15TH NATIONAL PHILANTHROPY DAY IN THE CITY OF CHULA VISTA AND RECOGNIZING CHULA VISTA CHARITABLE FOUNDATION MEMBERS FOR THEIR EFFORTS TO IMPROVE THE CHULA VISTA COMMUNITY CONSENT CALENDAR (Items 1 - 14) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed immediately following the Consent Calendar. 1. 16-0545 APPROVAL OF MINUTES of November 3 and 8, 2016. Staff Recommendation: Council approve the minutes. 2. 16-0546 ORDINANCE OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M, AUTHORIZING THE LEVY OF A SPECIAL TAX IN CFD NO. 18M (SECOND READING AND ADOPTION) Department: Development Services Department Environmental Notice: The Project was adequately covered in previously adopted/certified Final Environmental Impact Report (EIR 13-01) for the Otay Ranch University Villages Project Comprehensive Sectional Planning Area (SPA) Plan Amendment. Thus, no further environmental review or documentation will be conducted or considered in connection with this action. Staff Recommendation: Council adopt the ordinance. 3. 16-0437 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2016 EDITION (FIRST READING) City of Chula Vista Page 2 Printed on 11110/2016 2016-11-15 Agenda Packet Page 2 City Council Agenda November 15,2016 C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2016 EDITION (FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2016 EDITION (FIRST READING) E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2016 EDITION (FIRST READING) F. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2016 EDITION (FIRST READING) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2016 EDITION (FIRST READING) H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2016 EDITION (FIRST READING) I. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2016 EDITION (FIRST READING) City of Chula Vista Page 3 Printed on 11110/2016 2016-11-15 Agenda Packet Page 3 City Council Agenda November 15,2016 J. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2016 EDITION (FIRST READING) K. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2016 EDITION (FIRST READING) Department: Development Services Department Environmental Notice: The Project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act State Guidelines. Thus, no further 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. Staff Recommendation: Council place the ordinances on first reading. 4. 16-0444 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN ESGIL CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN BUREAU VERITAS NORTH AMERICA CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT City of Chula Vista Page 4 Printed on 11110/2016 2016-11-15 Agenda Packet Page 4 City Council Agenda November 15,2016 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN CSG CONSULTANTS CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT 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. Staff Recommendation: Council adopt the resolutions. 5. 16-0502 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE QUALIFICATIONS TO SERVE ON, AND THE APPOINTMENT PROCESS FOR, THE SOUTH BAY WILDLIFE ADVISORY GROUP FOR CITY OF CHULA VISTA REPRESENTATIVES 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. Staff Recommendation: Council adopt the resolution. 6. 16-0525 ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 2.25, 2.33, AND 2.53 TO REVISE THE QUALIFICATION REQUIREMENTS AND APPOINTMENT PROCESS APPLICABLE TO THE CITY'S CULTURAL ARTS COMMISSION (FIRST READING) Department: Economic Development 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. Staff Recommendation: Council place the ordinance on first reading. City of Chula Vista Page 5 Printed on 11110/2016 2016-11-15 Agenda Packet Page 5 City Council Agenda November 15,2016 7. 16-0443 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "EXTENSION AND FIRST AMENDMENT OF LEASE" AGREEMENTS FOR TWO TENANT PREMISES AT THE OTAY RANCH TOWN CENTER FOR THE OTAY RANCH BRANCH LIBRARY AND THE COMMUNITY SPACE, "THE HUB" Department: Library Department Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Staff Recommendation: Council adopt the resolution. 8. 16-0390 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET CHANGE IN AUTHORIZED STAFFING, AND AMENDING THE POLICE DEPARTMENT FISCAL YEAR 2016-2017 PERSONNEL SERVICES BUDGET B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016-2017 COMPENSATION SCHEDULE EFFECTIVE NOVEMBER 25, 2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 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. Staff Recommendation: Council adopt the resolutions. City of Chula Vista Page 6 Printed on 11110/2016 2016-11-15 Agenda Packet Page 6 City Council Agenda November 15,2016 9. 16-0529 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED LICENSE, LEASE AND OPERATIONS AGREEMENT BETWEEN THE CITY AND EASTON SPORTS DEVELOPMENT FOUNDATION Department: 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. Staff Recommendation: Council adopt the resolution. 10. 16-0473 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2016/2017 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT DR208, "PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES FOR TELEGRAPH CANYON CHANNEL PROJECT" AND APPROPRIATING $800,000 FROM THE AVAILABLE BALANCE OF THE TELEGRAPH CANYON DRAINAGE FEE FUND TO CIP NO. DR208 (4/5 VOTE REQUIRED) 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. Staff Recommendation: Council adopt the resolution. 11. 16-0501 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A CALRECYCLE RUBBERIZED PAVEMENT GRANT OF $350,000 FOR FISCAL YEAR 2016-17 AND AUTHORIZING AND EMPOWERING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECT FOR A PERIOD OF THREE YEARS Department: Public Works Department Environmental Notice: The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Staff Recommendation: Council adopt the resolution. City of Chula Vista Page 7 Printed on 11110/2016 2016-11-15 Agenda Packet Page 7 City Council Agenda November 15,2016 12. 16-0505 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON" (CIP # OP225) (PHASE 2) TO HELIX ENVIRONMENTAL PLANNING, INC. IN THE AMOUNT OF $283,2561N ACCORDANCE WITH MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs), AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT Department: Public Works Department Environmental Notice: The Project qualifies for a Class 4 Categorical Exemption pursuant to Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act State Guidelines. Notwithstanding the foregoing, the project was adequately covered in previously adopted Addendum to the Final EIR/EIS for Issuance of Take Authorizations for Threatened and Endangered Species, and the Final Supplemental Environmental Impact Report and Environmental Assessment prepared for the Chula Vista Multiple Species Conservation Program Subarea Plan, EA 03-01. Thus, no further environmental review or documentation is necessary. Staff Recommendation: Council adopt the resolution. 13. 16-0532 A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2016 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) 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. Staff Recommendation: Council accept the report and adopt the resolution. City of Chula Vista Page 8 Printed on 11110/2016 2016-11-15 Agenda Packet Page 8 City Council Agenda November 15,2016 14. 16-0534 INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2016 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. Staff Recommendation: Council accept the report. ITEMS REMOVED FROM THE CONSENT CALENDAR PUBLIC COMMENTS Persons speaking during Public Comments may address the Council on any subject matter within the Council's jurisdiction that is not listed as an item on the agenda. State law generally prohibits the Council from discussing or taking action on any issue not included on the agenda, but, if appropriate, the Council may schedule the topic for future discussion or refer the matter to staff. Comments are limited to three minutes. PUBLIC HEARINGS The following item(s) have been advertised as public hearing(s) as required by law. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 15. 16-0489 CONSIDERATION OF A REQUEST TO WAIVE UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES BY RANCHO VISTA CHURCH RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WAIVER OF UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES FOR THE RANCHO VISTA COVENANT CHURCH PROJECT AT 2088 OTAY LAKES ROAD, SUITES 101 AND 201 (PCC-15-014) AND MAKING THE REQUIRED FINDINGS THEREFOR 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. Staff Recommendation: Council conduct the public hearing and adopt the resolution. City of Chula Vista Page 9 Printed on 11110/2016 2016-11-15 Agenda Packet Page 9 City Council Agenda November 15,2016 ACTION ITEMS The Item(s) listed in this section of the agenda will be considered individually by the Council and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 16. 15-0503 CONSIDERATION OF APPROVING THE AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT BETWEEN THE CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT BETWEEN THE CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT Department: Development Services Department Environmental Notice: The Project was adequately covered in previously adopted Environmental Impact Report UPD#83356-EIR-65B/ SCH#20005081077. Staff Recommendation: Council adopt the resolution. CITY MANAGER'S REPORTS MAYOR'S REPORTS COU NCI LM EMBERS' COMMENTS ADJOURNMENT to the Regular City Council Meeting on December 6, 2016, 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 at the City Clerk's Office, located in City Hall at 276 Fourth Avenue, Building A, during normal business hours. City of Chula Vista Page 10 Printed on 11110/2016 2016-11-15 Agenda Packet Page 10 City Council Agenda November 15,2016 In compliance with the AMERICANS WITH DISABILITIES ACT The City of Chula Vista requests individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service, contact the City Clerk's Office at(619) 691-504 1(California Relay Service is available for the hearing impaired by dialing 711) at least forty-eight hours in advance of the meeting. Most Chula Vista City Council meetings, including public comments, are video recorded and aired live on AT&T U-verse channel 99 (throughout the County), on Cox Cable channel 24 (only in Chula Vista), and online at www.chulavistaca.gov. Recorded meetings are also aired on Wednesdays at 7 p.m. (both channels) and are archived on the City's website. 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 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 November 15, 2016, will approve the following final map: Chula Vista Tract No. 09-03 Otay Ranch Millenia (Eastern Urban Center), for the property bordered by Orion Avenue to the west, Eastlake Parkway to the east, and Strata Street to the north. Specifically, the City Engineer has caused the map to be examined and has made the following findings: (1) The map substantially conforms to the approved tentative map, and any approved alterations thereof and any conditions of approval imposed with said tentative map. (2) The map complies with the provisions of the Subdivision Map Act and any local ordinances applicable at the time of approval of the tentative map. (3) The map is technically correct. Said map 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 improper/incorrect finding and the basis for such conclusion. If you have any questions about the map approval findings or need additional information about the map or your appeal rights,please feel free to contact Tom Adler at(619)409-5483. City of Chula Vista Page 11 Printed on 11110/2016 2016-11-15 Agenda Packet Page 11 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0515, Item#: A. EMPLOYEE SERVICE RECOGNITION HONORING STAFF WITH MILESTONE SERVICE ANNIVERSARIES City of Chula Vista Page 1 of 1 Printed on 11/10/2016 powered by L ljrlj 2016-11-15 Agenda Packet sage 12 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0549, Item#: B. PRESENTATION BY DR. EMERALD RANDOLPH REGARDING THE 2016 CHRISTMAS IN OCTOBER City of Chula Vista Page 1 of 1 Printed on 11/10/2016 powered by L ljrlj 2016-11-15 Agenda Packet sage 13 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0528, Item#: C. PRESENTATION OF A PROCLAMATION TO SWEETWATER UNION HIGH SCHOOL DISTRICT DIRECTOR OF CURRICULUM AND INSTRUCTION ROMAN DEL ROSARIO PROCLAIMING NOVEMBER 13 THROUGH NOVEMBER 19, 2016 AS GEOGRAPHIC AWARENESS WEEK IN CHULA VISTA City of Chula Vista Page 1 of 1 Printed on 11/10/2016 powered by L ljrlj 2016-11-15 Agenda Packet sage 14 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0441, Item#: D. PRESENTATION OF A PROCLAMATION TO DEBBIE ESPE, CHAIR OF THE CHULA VISTA CHARITABLE FOUNDATION, PROCLAIMING NOVEMBER 15TH NATIONAL PHILANTHROPY DAY IN THE CITY OF CHULA VISTA AND RECOGNIZING CHULA VISTA CHARITABLE FOUNDATION MEMBERS FOR THEIR EFFORTS TO IMPROVE THE CHULA VISTA COMMUNITY City of Chula Vista Page 1 of 1 Printed on 11/10/2016 powered by L ljrlj 2016-11-15 Agenda Packet sage 1 S City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0545, Item#: 1. APPROVAL OF MINUTES of November 3 and 8, 2016. RECOMMENDED ACTION Council approve the minutes. City of Chula Vista Page 1 of 1 Printed on 11/10/2016 powered by L ljrlj 2016-11-15 Agenda Packet sage 16 City of Chula Vista Meeting Minutes - Draft Thursday, November 3,2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 CITY COUNCIL WORKSHOP CALL TO ORDER A Special Meeting of the City Council of the City of Chula Vista was called to order at 5:17 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Councilmember McCann, Deputy Mayor Miesen and Mayor Casillas Salas Absent: Councilmember Bensoussan Also Present:City Attorney Googins, Deputy City Attorney Silva, and Assistant City Clerk Bigelow WORKSHOP 1. 16-0527 CALIFORNIA'S OPEN MEETING LAWS AND ETHICS REQUIREMENTS (AB1234): TRAINING AND DISCUSSIONS ON TRANSPARENCY AND GOOD CONDUCT FOR PUBLIC OFFICIALS Presentations and discussions led by City Attorney Glen Googins, and Deputy City Attorney Simon Silva City Attorney Googins and Deputy City Attorney Silva gave a presentation and facilitated dialogue on the provisions of the Ralph M. Brown Act and ethics, in accordance with the requirements set forth in Assembly Bill 1234(AB1234). Deputy Mayor Miesen arrived at 5:32 p.m. The meeting was recessed at 6:25 p.m. The Council reconvened at 6:45 p.m., with Councilmembers Aguilar, McCann, and Miesen, and Mayor Casillas Salas present. The presentation and interactive dialogue continued. ADJOURNMENT At 8:31 p.m., the meeting was adjourned to the Regular City Council meeting on November 8, 2016 at 5:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 1 2016-11-15 Agenda Packet Page 17 City of Chula Vista Meeting Minutes - Draft Tuesday, November 8,2016 5:00 PM Council Chambers 276 4th Avenue, Building A Chula Vista, CA 91910 REGULAR MEETING OF THE CITY COUNCIL CALL TO ORDER A Regular Meeting of the City Council of the City of Chula Vista was called to order at 5:01 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California. ROLL CALL: Present: Councilmember Aguilar, Councilmember Bensoussan, Councilmember McCann, Deputy Mayor Miesen and Mayor Casillas Salas Councilmember Aguilar arrived at 5:03 p.m. Also Present: City Manager Halbert, City Attorney Googins, Assistant City Clerk Bigelow, and Deputy City Clerks Kansas and Larrarte PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE Deputy Mayor Miesen led the Pledge of Allegiance. CONSENT CALENDAR (Items 1 - 8) 1. 16-0539 APPROVAL OF MINUTES OF NOVEMBER 1, 2016. Recommended Action: Council approve the minutes. 2. 16-0535 ORDINANCE NO. 3379 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD FA SENIOR PROGRAM ASSISTANT (SECOND READING AND ADOPTION) (4/5 VOTE REQUIRED) Recommended Action: Council adopt the ordinance. 3. 16-0536 ORDINANCE NO. 3380 OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 2.25, "GENERAL RULES FOR BOARDS AND COMMISSIONS," AND 2.32, "RESOURCE CONSERVATION COMMISSION," CHANGING THE COMMISSION NAME TO THE "SUSTAINABILITY COMMISSION" (SECOND READING AND ADOPTION) Recommended Action: Council adopt the ordinance. City of Chula Vista Page 1 2016-11-15 Agenda Packet Page 18 City Council Meeting Minutes-Draft November 8,2016 4. 16-0494 RESOLUTION NO. 2016-220 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE WATER STEWARDSHIP PLAN AS A POLICY FRAMEWORK DOCUMENT TO ASSIST IN WATER CONSERVATION, REUSE AND CLIMATE ACTION PLAN IMPLEMENTATION Recommended Action: Council adopt the resolution 5. 15-0408 RESOLUTION NO. 2016-221 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF MONTECITO NEIGHBORHOOD PARK WITHIN OTAY RANCH, VILLAGE 2 AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. 6. 16-0420 RESOLUTION NO. 2016-222 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND T.Y. LIN INTERNATIONAL TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT CONSULTING SERVICES FOR THE WILLOW STREET BRIDGE REPLACEMENT PROJECT IN THE AMOUNT OF $2,157,242 Recommended Action: Council adopt the resolution. 7. 16-0421 RESOLUTION NO. 2016-223 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THIRD AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF CHULA VISTA & KLEINFELDER, INC. (FORMERLY KNOWN AS SIMON WONG ENGINEERING, INC.) FOR THE WILLOW STREET BRIDGE REPLACEMENT PROJECT Recommended Action: Council adopt the resolution. 8. 16-0512 RESOLUTION NO. 2016-224 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2016/2017 CIP PROGRAM BUDGET, ESTABLISHING A NEW CIP PROJECT GG228, "PARKWAY COMMUNITY CENTER AND MEMORIAL PARK IMPROVEMENTS", AND APPROPRIATING $775,925 OF HOUSING-RELATED PARKS PROGRAM GRANT FUNDS TO CIP GG228 (4/5 VOTE REQUIRED) Recommended Action: Council adopt the resolution. City of Chula Vista Page 2 2016-11-15 Agenda Packet Page 19 City Council Meeting Minutes-Draft November 8,2016 Approval of the Consent Calendar ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, to approve staff's recommendations on the above Consent Calendar items, headings read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 ITEMS REMOVED FROM THE CONSENT CALENDAR There were none. PUBLIC COMMENTS Michael O'Connor, Valley Center resident, spoke in opposition to Measure B, related to proposed development in North San Diego County. PUBLIC HEARINGS 9. 16-0281 CONSIDERATION OF THE FORMATION AND ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3) ("CFD NO. 18M"), CONDUCTING A SPECIAL ELECTION THEREIN, AUTHORIZATION TO LEVY A SPECIAL TAX THEREIN, AND CONSIDERATION OF AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO CFD NO. 18M A. RESOLUTION NO. 2016-225 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M FORMING AND ESTABLISHING CFD NO. 18M, AND AUTHORIZING SUBMITTAL OF LEVY OF SPECIAL TAXES OF CFD NO. 18M TO THE QUALIFIED ELECTORS B. RESOLUTION NO. 2016-226 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M DECLARING THE RESULTS OF A SPECIAL ELECTION IN CFD NO. 18M C. ORDINANCE OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M, AUTHORIZING THE LEVY OF A SPECIAL TAX IN CFD NO. 18M (FIRST READING) D. RESOLUTION NO. 2016-227 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M, AUTHORIZING THE ANNEXATION OF TERRITORY IN THE FUTURE TO CFD NO. 18M City of Chula Vista Page 3 2016-11-15 Agenda Packet Page 20 City Council Meeting Minutes-Draft November 8,2016 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Warren Diven, bond counsel,provided information on the proceedings for the item. Mayor Casillas Salas opened the public hearing related to the formation of CFD No. 18-M. There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Assistant City Clerk Bigelow reported that no protests related to the formation of CFD No. 18-M had been received. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that Resolution No. 2016-225(Item 9A) be adopted, heading read,text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 Assistant City Clerk Bigelow canvassed the ballots and reported that Propositions A and B had passed unanimously. ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that Resolution No. 2016-226(Item 913) be adopted, heading read, text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Bensoussan, that the above ordinance (Item 9C) be placed on first reading, heading read,text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and no earlier than the time specified in the notice. Mayor Casillas Salas opened the public hearing related to the annexation of territory in the future to CFD No. 18-M(Item 9D). There being no members of the public who wished to speak, Mayor Casillas Salas closed the public hearing. Assistant City Clerk Bigelow reported that no protests had been received related to the annexation of territory in the future to CFD No. 18-M. City of Chula Vista Page 4 2016-11-15 Agenda Packet Page 21 City Council Meeting Minutes-Draft November 8,2016 ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Bensoussan, that Resolution No. 2016-227(Item 9D) be adopted, heading read, text waived.The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 ACTION ITEMS 10. 16-0456 CONSIDERATION OF A REPORT REGARDING THE CITY'S OPERATIONS SUSTAINABILITY PLAN IMPLEMENTATION EFFORTS REPORT TO THE CITY COUNCIL OF THE CITY OF CHULA VISTA UPDATING THE CITY OPERATIONS SUSTAINABILITY PLAN IMPLEMENTATION EFFORTS Environmental Services Manager France gave a presentation on the item. ACTION: A motion was made by Councilmember Bensoussan, seconded by Councilmember McCann, that the report be accepted, heading read, text waived. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 CITY MANAGER'S REPORTS There were none. MAYOR'S REPORTS Mayor Casillas Salas reported on the following recent events: the opening ceremony for the Tijuana Innovadora conference, the groundbreaking at the Scripps binational hospital in Tijuana, a presentation to the Scripps Mercy Hospital regional leadership team, the Veterans Elementary School annual parade honoring veterans, Veteran of the Year luncheon, and the 15th annual Veteran's Walk. COUNCILMEMBERS' COMMENTS (part 1 of 2) Councilmember McCann reported on the recent Veteran's walk fundraising event. He spoke regarding the upcoming Veteran's Day holiday and the ceremony that would take place at Memorial Park. 11. 16-0538 RATIFICATION OF APPOINTMENT OF WILLIAM SEARS TO THE VETERANS ADVISORY COMMISSION ACTION: A motion was made by Councilmember McCann, seconded by Councilmember Aguilar, that the above appointment be ratified. The motion carried by the following vote: Yes: 5- Aguilar, Bensoussan, McCann, Miesen and Casillas Salas No: 0 Abstain: 0 City of Chula Vista Page 5 2016-11-15 Agenda Packet Page 22 City Council Meeting Minutes-Draft November 8,2016 COUNCILMEMBERS' COMMENTS (part 2 of 2) Deputy Mayor Miesen spoke regarding the upcoming ceremony honoring veterans at Memorial Park. He provided information regarding "Movember,"an awareness effort for men's health issues. Councilmember Bensoussan spoke regarding the photography contest, We Are Chula Vista, and the upcoming opening of an art space in the City Hall lobby for the exhibition. City Attorney Googins reported on the recent AB 1234 ethics training session provided by his office. ADJOURNMENT At 5:35 p.m., Mayor Casillas Salas adjourned the meeting to the Regular City Council meeting on November 15, 2016 at 5:00 p.m., in the Council Chambers. Kerry K. Bigelow, Assistant City Clerk City of Chula Vista Page 6 2016-11-15 Agenda Packet Page 23 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0546, Item#: 2. ORDINANCE OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M, AUTHORIZING THE LEVY OF A SPECIAL TAX IN CFD NO. 18M (SECOND READING AND ADOPTION) RECOMMENDED ACTION Council adopt the ordinance. SUMMARY On October 4, 2016, Council approved the Resolution of Intention to form Community Facilities District No. 18M ("CFD No. 18M") (Resolution 2019-198) and the Resolution of Intention to Authorize the Annexation in the Future to Community Facilities District No. 18M (Resolution 2016-199) and set the public hearing for November 8, 2016. Community Facilities District No. 18M (Otay Ranch Village 3) will fund the maintenance and replacement of (a) landscaping, including, but not limited to, trees, slopes, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; and (d) trails within the Otay Ranch Village 3 master planned community. There are two separate actions this evening. The first public hearing and adoption of the first two resolutions and the ordinance above, will continue the formal proceedings leading to the establishment of Community Facilities District No. 18M and authorization of the levy of the special tax. If following the first public hearing, the election authorizing the levy of the special tax is successful, the Council may proceed with the second action, which will be the public hearing and adoption of the resolution authorizing the annexing in the future of certain territory to CFD No. 18M. ENVIRONMENTAL REVIEW Environmental Notice The Project was adequately covered in previously adopted/certified Final Environmental Impact Report (EIR 13-01) for the Otay Ranch University Villages Project Comprehensive Sectional Planning Area (SPA) Plan Amendment. Thus, no further environmental review or documentation will be conducted or considered in connection with this action. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project was adequately City of Chula Vista Page 1 of 8 Printed on 11/10/2016 powered by L ljrlj 2016-11-15 Agenda Packet V�g e 2 4 File#: 16-0546, Item#: 2. covered in previously adopted/certified Final Environmental Impact Report (EIR 13-01) for the Otay Ranch University Villages Project Comprehensive Sectional Planning Area (SPA) Plan Amendment. Thus, no further environmental review or documentation is necessary. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On January 13, 1998, Council adopted the "City of Chula Vista Statement of Goals and Policies regarding the establishment of Community Facilities Districts" (the "Goals and Policies"). The approval of this document ratified the use of CFDs as a public financing mechanism for (1) the construction and/or acquisition of public infrastructure, and (2) the financing of authorized public services. Taxes levied by maintenance districts, such as CFD No. 18M, are currently excluded from the 2% maximum tax criterion set forth in the Goals and Policies. On April 28, 1998, Council, acting under its Charter authority, enacted the "Chula Vista Community Facilities District Ordinance" (the "Ordinance"). The Ordinance adopted the Mello-Roos Act with modifications to accomplish the following: (1) incorporate all maintenance activities authorized by the "Landscaping & Lighting Act of 1972" (the "1972 Act"); (2) include certain maintenance activities not listed in the Mello-Roos Act or the 1972 Act; and (3) establish an operating reserve fund for open space districts. Homefed Village III Master, LLC has requested that the City conduct proceedings to consider the approval of the establishment of CFD No. 18M. Otay Ranch Village 3, consists of approximately four- hundred and twenty-three (423) acres located just south and east of the Otay Landfill and Village Two, west of the existing light industrial uses in the City of Chula Vista and north of the Otay River Valley. Otay Ranch Village 3 is proposed to contain approximately 702 single-family units and 563 multi-family units, 7.9 acres of office use, and 16.8 acres of industrial use. This district will fund the maintenance and replacement of (a) landscaping, including, but not limited to, trees, slopes, parkways and medians; (b) facilities that are directly related to storm water quality control; (c) walls and fencing; and (d) trails. The required resolutions were adopted at the meeting of the City Council on October 4, 2106 to initiate the proceedings to establish CFD No. 18M and to authorize future annexations to CFD No. 18M to certain territory designated as the Future Annexation Area, and Boundary Maps of the proposed Community Facilities District and Future Annexation Area were recorded with the San Diego County Recorder's office within the required 10-day period. There are two separate actions related to CFD No. 18M tonight. The first action will continue the formal proceedings leading to the establishment of CFD No. 18M. If there is no protest at the public hearing on this first matter, and if the special election authorizing the levy of the special tax is successful, the Council may proceed with the second action. The second action will include a public hearing on the matter of authorizing the annexing territory in the future to CFD No. 18M, and assuming no protest, adoption of the resolution authorizing annexing territory in the future to CFD No. 18M. City of Chula Vista Page 2 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�2�5 File#: 16-0546, Item#: 2. CFD No. 18M will provide the necessary funding for the operation and maintenance of public landscaping, storm water quality, walls, fencing, and trails, by levying an annual "special tax" which is collected from the property owners within CFD No. 18M in conjunction with property taxes or via direct billing. All expenses related to the district administration, including levying and collecting the special taxes, are also funded from such special taxes. Area of Benefit The District boundary map was approved by Council on October 4, 2016 via Resolution 2016-197 and filed with the San Diego County Recorder's Office on October 11, 2016. A recorded copy of the map is presented in Attachment 1. The boundaries of CFD No.18M encompass parcels located within Village 3 of the Otay Ranch. Village 3 is approximately four hundred and twenty-three (423) acres located just south and east of the Otay Landfill and Village Two, west of the existing light industrial uses in the City of Chula Vista and north of the Otay River Valley. Homefed Village III Master, LLC owns 100% of the property within the proposed district. The project is proposed for approximately 702 single-family units and 563 multi-family units, 7.9 acres of office use, and 16.8 acres of industrial use. Future Excluded Area The Boundary Map also depicts an area designated as the Future Excluded Area which is intended to be excluded from CFD No. 18M. This area is currently included within the boundaries of CFD No. 18M because the Future Excluded Area does not currently exist as a separate legal parcel, but is a part of the legal parcel identified on the Boundary Map as Assessor's Parcel No. 644-060-27-00. The Mello-Roos Act provides that the boundary of a community facilities district may not bisect an existing legal parcel. In order to include that portion of Assessor's Parcel No. 644-060-27-00 that is intended to be included in CFD No. 18M it is necessary to include the whole of such parcel in the Boundary Map until a legal parcel is created for the Future Excluded Area. Following recordation of a Final Subdivision Map creating a parcel for the Future Excluded Area, the Boundary Map may be amended by resolution of the City Council to reflect the exclusion of the new parcel. Future Annexation Area The boundaries of the Future Annexation Area were approved by Council on October 4, 2016 via Resolution 2016-199 and filed with the San Diego County Recorder's Office on October 11, 2016. A recorded copy of the map is presented in Attachment 2. The territory within the boundaries of the future annexation area encompass approximately fifty-four (54) acres located southwest of Village 3. Flat Rock Land Company LLC owns 100% of the property within the future annexation area. Cost Estimate The estimated annual budget for CFD No. 18M shown in the CFD Report (Attachment 3) is approximately $1,591,750. This budget includes $1,284,555 for landscape, storm water quality, walls and fencing, and trails; and $269,675 that is set aside for the replacement of the amenities as they City of Chula Vista Page 3 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�2�6 File#: 16-0546, Item#: 2. reach the end of their useful life. In addition, the budget includes $37,520 for administration of CFD No. 18M (preparing reports, levying and collecting taxes, public assistance, etc.) by City staff. Proposed Special Tax and CFD Report A copy of the CFD Report - Community Facilities District No. 18M (Otay Ranch Village 3) (the "CFD Report") prepared by the Special Tax Consultant, Willdan Financial Services, is included as Attachment 3, and is on file, and available for public review in the City Clerk's Office. Said report incorporates the "Rate and Method of Apportionment" (RMA) (previously approved by Council on October 4, 2016) that establishes the procedures for levying the special taxes in CFD No. 18M. The special tax rates and methodology for levying the annual special tax are described in the CFD Report and enumerated in the RMA. CFD No. 18M has four proposed categories of taxable property, as follows: 1. Single Family Detached Property, which include all parcels of residential property consisting of a single dwelling unit; 2. Single Family Attached Property, which includes all parcels of for-sale residential property consisting of one or more dwelling unit(s) that share common walls with one or more other dwelling unit(s), including, but not limited to, duplexes, triplexes, townhomes, and condominiums; 3. Multi-Family Property, which includes all parcels of residential property consisting of two or more for-rent dwelling units that share common walls, including, but not limited to, apartments and townhomes that are not for sale to an end user and are under common management; and 4. Non-Residential Property, which includes all parcels of developed property for which a building permit(s) has been issued for a structure or structures for non-residential use. The Exempt Category that is not taxed includes all publicly owned parcels excluding City parks, Community Purpose Facility (CPF) property owned by non-profit organizations, and parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement. Developed Property are those parcels for which a building permit has been issued prior to March 1St preceding the Fiscal Year in which the Special Tax is being levied. The proposed maximum special tax rate in the RMA on all Developed Parcels was determined by dividing the estimated annual budget at build out (plus a capital replacement allocation, initially equal to 20.9% of the annual budget) by the total estimated development (EDUs) at build out. Collection of Taxes At the beginning of each fiscal year the City shall determine the amount of the Special Tax Requirement for CFD No. 18M. Then, the special taxes will be levied on all taxable Property of CFD No. 18M until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied proportionately on each Assessor's Parcel of Developed Property within City of Chula Vista Page 4 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�2�7 File#: 16-0546, Item#: 2. CFD No. 18M, up to 100% of the Maximum Special Tax. The Maximum Special Tax Basis and the Maximum Special Tax shall be subject to annual escalation asfollows,andasfullydescribedintheRateandMethodApportionment(RMA)ofSpecialTax:(See, 3 for full description of RMA): - The Maximum Special Tax Basis shall be equal to the sum of Maximum Special Tax Basis for Labor, Maximum Special Tax Basis for Water and Maximum Special Tax Basis for Asset Replacement; - The annual percentage change of the Maximum Special Tax Basis for Labor shall be equal to the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); - The annual percentage change of the Maximum Special Tax Basis for Water shall be equal to the annual percentage change in the Otay Water District Commodity Rate; and - The annual percentage change of the Maximum Special Tax Basis for Asset Replacement shall be equal to the annual percentage change in the Engineering News Record Construction Cost Index for the Los Angeles Area. The Maximum Special Tax will initially be equal to the Maximum Special Tax Basis. The Maximum Special Tax Basis will be increased each year as described above. The Maximum Special Tax will be increased by an amount not less than 2% and not more than 6% each year, that results in a minimal absolute difference from the Maximum Special Tax Basis for that Fiscal Year. Proposed Maximum Special Taxes The proposed maximum special tax rates for fiscal year 2016/17 for a typical dwelling unit within CFD No. 18M are as follows: Land Use Class Maximum Maximum Maximum Maximum Special Tax Special Tax Special Tax Special Basis for Basis for Basis for Tax Basis Labor Water Asset Replacement Single Family Detached Property $912.16 $341.42 $255.70 $1,509.28 Single Family Attached Property $729.73 $273.14 $204.56 $1,207.43 Multi-Family Property $72.97 $27.31 $20.46 $120.74 Non-Residential Property 1$3,648.64 1$1,365.68 1$1,022.82 $6,037.13 Public Hearing and Election Procedure Tonight there will be an election following the public hearing for the landowners to vote on the authorization to levy special taxes for CFD No. 18M. Once the votes are cast, Council will be requested to certify the results of the election and, if the ballot measure is approved by at least 2/3 of City of Chula Vista Page 5 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�2�8 File#: 16-0546, Item#: 2. the qualified electors (i.e., the landowners) voting on the measure, CFD No. 18M will be authorized to levy such special taxes. Council will then be requested to introduce the Ordinance authorizing the levy of special taxes of CFD No. 18M. If CFD No. 18M is established and the qualified electors authorize the levy of special taxes of CFD No. 18M, the City Council will conduct the public hearing on the matter of the Future Annexation Area, and if there is no protest, adopt the resolution to authorize the annexation in the future of territory within the Future Annexation Area. The benefit of authorizing future annexations is that property may, with the express consent of the owners of property within the future annexation area, be annexed to CFD No. 18M without the necessity of conducting a further public hearing. Resolutions and Ordinance There are three resolutions, that if adopted, and one ordinance, that if adopted following introduction and waiver of the first reading thereof today, will accomplish the following pertaining to the establishment of CFD No. 18M: Resolution (A), RESOLUTION FORMING AND ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 18M is the formal action forming and establishing Community Facilities District No. 18M and authorizing submittal of levy of a Special Tax to the qualified electors, and performs the following: • Sets the name of the District; • Identifies the CFD Report prepared by Willdan Financial Services as the report to be used for all future proceedings; • Establishes a Special Tax to be levied within CFD No. 18M.The Special Tax is set forth in the Rate and Method of Apportionment, which will be approved by the adoption of this Resolution and the approval of the qualified electors of CFD No. 18M; • Implements the provisions of the Local Agency Special Tax and Bond Accountability Act which became effective on January 1, 2001 by specifying that: o Each special tax shall be levied for the specific purposes set forth in the Resolution; o The proceeds of the levy of each such special tax shall be applied only to the specific applicable purposes set forth in the Resolution; o CFD No. 18M shall establish a separate account into which the proceeds of each such special tax shall be deposited; and o The City Manager or his or her designee, acting for and on behalf of CFD No. 18M, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. • Submits two (2) ballot propositions to the property owners to (A) levy a special tax and (B) establish an appropriations limit for the district; and • Describes the type of services to be financed by CFD No. 18M. City of Chula Vista Page 6 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�2�9 File#: 16-0546, Item#: 2. Resolution (B), RESOLUTION DECLARING THE RESULTS OF A SPECIAL ELECTION IN NO. 18M makes official the results of the canvass of the ballots submitted by the qualified electors for CFD No. 18M; and Ordinance (C), ORDINANCE AUTHORIZING THE LEVY OF A SPECIAL TAX authorizes the levy of the special tax, sets forth procedures for levying and collecting the special taxes, and authorizes the special taxes to be secured by the lien imposed pursuant to Sections 3114.5 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 taxes. The City Council will be asked to introduce this ordinance and waiver the first reading today. Resolution (D), RESOLUTION AUTHORIZING ANNEXATION OF TERRITORY IN THE FUTURE TO COMMUNITY FACILITIES DISTRICT NO. 18M allows for annexation of property in the future to CFD No. 18M with one required Council Action; Future Actions Future actions include enacting the Ordinance (second reading), and the levy of special taxes. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(x)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Once the District is formed, the proceeds will serve three City Strategic Plan majors goals: Operational Excellence and Healthy Community by ensuring a new and dedicated revenue stream to provide for the ongoing maintenance the public improvements and facilities being constructed in association with the development of Village 3, and Connected Community by way of maintaining the trails and pedestrian oriented facilities associated with the development. CURRENT YEAR FISCAL IMPACT All costs of formation of the District are being borne by the developers and the on-going administration will be funded entirely by the district. The City will recover the full cost of staff time expended in district formation and administration activities in perpetuity. Staff anticipates that the majority of the CFD No. 18M administration will be contracted out. The CFD administration cost is estimated not to exceed $37,520 annually. City of Chula Vista Page 7 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�3�0 File#: 16-0546, Item#: 2. ONGOING FISCAL IMPACT The costs to administer the District, if established, shall be paid from the proceeds of special taxes to be levied within the District. There is, therefore, no ongoing fiscal impact on the City's General Fund or Development Services Fund by this action. ATTACHMENTS 1.Recorded Boundary Map 2.Recorded Future Annexation Area Boundary Map 3.CFD Report Staff Contact: Dave Kaplan, Development Services Department City of Chula Vista Page 8 of 8 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�3�1 SECOND READING AND ADOPTION ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CFD NO. 18M, AUTHORIZING THE LEVY OF A SPECIAL TAX IN CFD NO. 18M WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), 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 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 shall hereinafter be referred to as Community Facilities District No. 18M (Otay Ranch Village 3) ("CFD No. 18M"). THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3), DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in CFD No. 18M pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Rate and Method"). SECTION 2. This City Council, acting as the legislative body of CFD No. 18M, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within CFD No. 18M 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 Rate and Method. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, CFD No. 18M 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 taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 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 taxes. The lien of the special taxes shall continue in force and effect until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. 60297.00048\29300253.1 2016-11-15 Agenda Packet Page 32 SECOND READING AND ADOPTION SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. 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). Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on November 8, 2016; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of , 2016, by the following vote: AYES: NOES: ABSTAIN: ABSENT: PREPARED BY: APPROVED AS TO FORM BY: Kelly G. Broughton FASLA Glen R. Googins Director of Developmental Services City Attorney 60297.00048\29300253.1 2 2016-11-15 Agenda Packet Page 33 SECOND READING AND ADOPTION EXHIBIT A RATE AND METHODS OF APPORTIONMENT FOR COMMUNITY FACILITIES DISTRICT NO. 18M (OTAY RANCH VILLAGE 3) Rate and Method of ������������������� ��� ������°�N ��� ~ ~m-��-�~ �~~�~~~~~~-~~� ~�~ -~�--~=~-~~ ~ ~~~~ City of Chula Vista CanirnuUn^ty Facilities D^sti�~ct No. I 8M (0tay Randh V^UUage 3) ASpeda| Tax as hereinafter defined shall be levied on all Assessor's Parcels of Taxable Property within the boundaries of Community Facilities District No. I8M (Otay Ranch Village 3) of the City of Chula Vista and collected each Fiscal Year commencing with Fiscal Year 2017-18 in an amount determined by the CFD Administrator through the application of the procedures described below. All of the real property within [FD No. 18K4, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, tothe extent, and inthe manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Acre" or "Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the 8pp|iC8b|2 Final Subdivision Map, other final map, Other parcel map, Other condominium plan, Or functionally equivalent nn8p Or instrument recorded in the Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2ofTitle 5ofthe Government Code ofthe State ofCalifornia. "Administrative Expenses" means the actual or estimated costs incurred by the City, acting for and on behalf ofthe CFD as the administrator thereof, to determine, levy and collect the Special Taxes, including S8|8rie3 of City ernp|Oy22S and 8 proportionate amount of the City's general administrative overhead related thereto, and the fees of consultants and legal counsel providing services related to the administration of the CFD; the costs of collecting installments of the Special Taxes; and any other coots required to administer the CFD as determined by the City. 60297.00048\2 9300253.1 A'1 SECOND READING AND ADOPT]ON "Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by assessor's parcel number. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 18M" or "CFD" means Community Facilities District No. 18M (Otay Ranch Village 3) of the City of Chula Vista. "City" means the City of Chula Vista. "Community Purpose Facility Property" or "CPF Property" means all Assessor's Parcels which are classified as community purpose facilities and meet the requirements of City Ordinance No. 2883. "Construction Cost Index" means, for any Fiscal Year, the applicable Construction Cost Index for the City of Los Angeles as set forth in the Engineering News Record for July of such Fiscal Year. In the event that this rate is no longer published or provided, the CFD Administrator shall choose a comparable rate to use in its place. "Consumer Price Index for Urban Wage Earners and Clerical Workers" or "CPI-W" means the applicable CPI-W as set forth by the United States Department of Labor, Bureau of Labor Statistics for July of such Fiscal Year. In the event that this rate is no longer published or provided, the CFD Administrator shall choose a comparable rate to use in its place. "Council" means the City Council of the City, acting as the legislative body of the CFD. "County" means the County of San Diego, California. "Developed Property" means all Taxable Property for which a building permit was issued prior to the March 1st preceding the Fiscal Year in which the Special Tax is being levied. "Dwelling Unit" or "DU" means each separate residential dwelling unit that comprises an independent facility capable of conveyance or rental separate from adjacent residential dwelling units. "Exempt Property" means all Assessor's Parcels within CFD No. 18M that are exempt from the Special Taxes pursuant to law or Section F herein. "Final Subdivision Map" means a subdivision of property creating residential or non-residential buildable lots by recordation of a final subdivision map or parcel map pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.), or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which building permits may be issued without further subdivision and is recorded prior to March 1 preceding the Fiscal Year in which the Special Tax is being levied. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1. "Maximum Special Tax Basis" means the amount determined in accordance with Section C below that represents the actual costs associated with providing the Services funded by CFD No. 18M. 60297.00048\29300253.1 A-2 2016-11-15 Agenda Packet Page 35 SECOND READING AND ADOPT]ON "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section C below that may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Multi-Family Property" means all Assessor's Parcels of Residential Property consisting of two or more for-rent Dwelling Units that share common walls, including, but not limited to, apartments and townhomes that are not for sale to an end user and are under common management. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for a structure or structures for non-residential use. "Otay Water District Commodity Rate" means the maximum rate charged by the Otay Water District for recycled water on July 15t of any Fiscal Year. In the event that this rate is no longer published or provided, the CFD Administrator shall choose a comparable rate to use in its place. "Property Owner Association Property" means any property within the boundaries of the CFD that is owned by, or irrevocably dedicated as indicated in an instrument recorded with the County Recorder to, a property owner association, including any master or sub-association. "Public Property" means any property within the boundaries of the CFD that is, at the time of the CFD formation, expected to be used for any public purpose and is owned by or dedicated to the federal government, the State, the County, the City or any other public agency. "Reserve Fund" means a fund that shall be maintained for the CFD each Fiscal Year to provide necessary cash flow for the first six months of each Fiscal Year, working capital to cover monitoring, maintenance and repair cost overruns and delinquencies in the payment of Special Taxes and a reasonable buffer to prevent large variations in annual Special Tax levies. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit(s) has been issued for purposes of constructing one or more residential dwelling unit(s). "Services" means those authorized services that may be funded by CFD No. 18M pursuant to the Act, as amended, including, without limitation, those services authorized to be funded by CFD No. 18M as set forth in the documents adopted by the City Council at the time CFD No. 18M was formed. "Single Family Attached Property" means all Assessor's Parcels of for-sale Residential Property consisting of one or more Dwelling Unit(s) that share common walls with one or more other Dwelling Unit(s), including, but not limited to, duplexes, triplexes, townhomes, and condominiums. "Single Family Detached Property" means all Assessor's Parcels of Residential Property consisting of a single Dwelling Unit. "Special Tax" means the Special Tax levied pursuant to the provisions of sections C and D below in each Fiscal Year on each Assessor's Parcel of Developed Property and Undeveloped Property in CFD No. 18M to fund the Special Tax Requirement. "Special Tax Requirement" means the amount, as determined by the CFD Administrator, for any Fiscal Year to: (i) pay the costs of providing the Services during such Fiscal Year, (ii) pay Administrative Expenses associated with the Special Tax, (iii) establish or replenish the Reserve Fund, (iv) pay incidental expenses related to the Services as authorized pursuant to the Act, (v) fund an amount equal to a reasonable estimate of delinquencies expected to occur in the Fiscal Year in which the Special Tax will be levied ("Estimated Special Tax Delinquency Amount") and (vi) fund the shortfall, if any, in the 60297.00048\29300253.1 A-3 2016-11-15 Agenda Packet Page 36 SECOND READING AND ADOPT]ON Special Tax revenues collected in the preceding Fiscal Year necessary to fund the Special Tax Requirement for Services for such Fiscal Year where such shortfall resulted from delinquencies in the payment of Special Taxes in such Fiscal Year that exceeded the Estimated Special Tax Delinquency Amount included in the Special Tax Requirement for Services for such Fiscal Year, less (vii) any funds available in the Reserve Fund or other funds associated with CFD No. 18M. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 18M of the CFD that are not exempt from the Special Tax pursuant to law or as defined below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property. ASSIGNMENTB. ISPECIAL Each Fiscal Year, beginning with Fiscal Year 2017-18, using the definitions above, each Assessor's Parcel within CFD No. 18M shall be classified by the CFD Administrator as Taxable Property or Exempt Property. In addition, each such Fiscal Year, each Assessor's Parcel of Taxable Property shall be further classified by the CFD Administrator as Developed Property or Undeveloped Property. Developed Property shall be further assigned to a Land Use Class as specified in Table 1. The Land Use Class of each Assessor's Parcel of Residential Property or Non-Residential Property shall be determined based on the records of the County Assessor or other such information provided by the City. Commencing with Fiscal Year 2017-18 and for each subsequent Fiscal Year, Developed Property shall be subject to the levy of Special Taxes pursuant to Section C below. In some instances, an Assessor's Parcel of Developed Property may contain more than one Land Use Class. The Maximum Special Tax levied on such Assessor's Parcel shall be the sum of the Maximum Special Taxes for all Land Use Classes located on that Assessor's Parcel. SPECIALC. MAXIMUM 1. Developed Property The Maximum Special Tax for any Assessor's Parcel classified as Developed Property shall be determined by reference to Table 1 and the paragraphs that follow Table 1. 60297.00048\29300253.1 A-4 2016-11-15 Agenda Packet Page 37 SECOND READING AND ADOP'HON TABLE 1 Maximum Special Tax Basis for Developed Property Community Facilities District No. 18M (Fiscal Year 2016-17) Maximum Maximum Maximum Special Tax Special Tax Basis Special Tax Basis Basis for for Asset Maximum Land Use Class for Labor Water Replacement Special Tax Basis Single Family $ 912.16 $ 341.42 $ 255.70 $1,509.28 Detached Property Single Family $ 729.73 $ 273.14 $ 204.56 $1,207.43 Attached Property Multi-Family $ 72.97 $ 27.31 $ 20.46 $ 120.74 Property Non-Residential $3,648.64 $1,365.68 $1,022.82 $6,037.13 Property The Maximum Special Tax Basis shall be equal to the sum of Maximum Special Tax Basis for Labor, Maximum Special Tax Basis for Water and Maximum Special Tax Basis for Asset Replacement as shown in Table 1 above. In determining the Maximum Special Tax Basis, the components of the Maximum Special Tax Basis for each Land Use Description shall be increased in the 2017-18 Fiscal Year, and each Fiscal Year thereafter, as follows: i. the annual percentage change of the Maximum Special Tax Basis for Labor shall be equal to the annual percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); and ii. the annual percentage change of the Maximum Special Tax Basis for Water shall be equal to the annual percentage change in the Otay Water District Commodity Rate; and iii. the annual percentage change of the Maximum Special Tax Basis for Asset Replacement shall be equal to the annual percentage change in the Engineering News Record Construction Cost Index for the Los Angeles Area. The Fiscal Year 2016-17 Maximum Special Tax shall be equal to the Fiscal Year 2016-17 Maximum Special Tax Basis. In each subsequent Fiscal Year, the Maximum Special Tax shall be increased by an amount not less than two percent (2%) and not greater than six percent (6%) that results in a minimal absolute difference from the Maximum Special Tax Basis for that Fiscal Year. 2. Other Property No Special Tax shall be levied on Undeveloped Property or Exempt Property. 60297.00048\29300253.1 A-5 2016-11-15 Agenda Packet Page 38 SECOND READING AND ADOPT]ON D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2017-18, and for each subsequent Fiscal Year, the CFD Administrator shall levy the Special Tax on all Taxable Property of CFD No. 18M until the total amount of Special Tax levied equals the Special Tax Requirement. The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within CFD No. 18M up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property for which an occupancy permit for private residential use has been issued be increased as a consequence of delinquency or default by the owner of any other Assessor's Parcel within the CFD by more than ten percent (10%) above what such Special Tax would have been in the absence of delinquencies. SPECIALE. PREPAYMENT OF THE The Special Tax shall be levied in perpetuity for the purpose of financing ongoing authorized Services and therefore may not be prepaid. F. EXEMPTIONS The City Council shall classify as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) CPF Property, (iv) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, including but not limited to property designated for open space, trails, pathways, parks or park and recreation related facilities, and (v) property reasonably designated by the City or CFD Administrator as Exempt Property due to deed restrictions, conservation easement, or similar factors. G. APPEALS Any landowner who pays the Special Tax and claims the amount of the Special Tax levied on his or her Assessor's Parcel is in error shall first consult with the CFD 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 60297.00048\29300253.1 A-6 2016-11-15 Agenda Packet Page 39 SECOND READING AND ADOP'HON undertake the review of any such appeal. If the City Council or designee determines an error still exists, the CFD Administrator shall take 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 Rate and Method of Apportionment of Special Tax for purposes of clarifying any ambiguities and make determinations relative to the administration of the Special Tax and any landowner appeals. The decision of the City Council or designee shall be final. H. MANNER F COLLECTION Special Taxes levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary od valorem property taxes, provided that the CFD Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the CFD or as otherwise determined appropriate by the CFD Administrator. I. TERM OF SPECIAL Taxable Property in the CFD shall remain subject to the Special Tax in perpetuity. 60297.00048\29300253.1 A-7 2016-11-15 Agenda Packet Page 40 ............................ ...........m......................�.,,,,,,,...�.,,.._.. .............................................�.,,,,,,. .. „Il IG ICS I,Y4�u,`P I Of y n IMUNI FA�'gn....I IE I�IIS�"IRICT N ."� I .," q,„w.,° (OT I-RANCH VLLAGE 3) COUNTY FSANII::NEGIDn STATE OF CM...VFOR IIIA �1 m,.m.....................-.................m... 0 mwm MAIN,.Iwle g�x cum IN relwn a:AYSY Y>w. 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"^.. axreuma maw Awa nmmn vuw mum "I'm Iwmrecrem m m Im ._.».. ... ,....._..._. t ` .•r,. wi ma�wmw zmnxw.eumamn�n narwuu nea au.mmo ,,, k ,,,. , 'INk'PIWGIr ✓ P w , ., Legend MAP R[G'ERMCC &k5 ll:mmIpfi1w. '7'1 BMMOARY NUMBER NUMBER Egly FPulNYiURE C.XCILVd'00 AMPMA 1 644-060.22-00 g1l aua���=CwMW MMMIR x ����� z6-oo �,a�.. V W 0 9"dsu�zralc3�V�°Y�Yrv3rt:ea�n 437 2016-11-15 Agenda Packet Page 41 FUTURE ANNEXATION AREA POUT I OF COMMUNITY FACILITIES DISTRICT NO. IBM (OTAY RANCH VILLAGE 3) CI Y OF CHULA VISTA -3 COUNTY OF SAN DIEGO,STATE OF CALIFORNIA m :r m. 0 +E aim w owx� op IPA ............... "A"WAuff ra.."ff s ffwm m I'd < 4 -6 urm owm Lo -3 Legend ...... .......... .... .... ... . ... .. q— ASSESSOR'S Co WIFIRICT BOUNDARY MAP REFERENCE FRE ANNEXATION AREA NUMBER PARCELNUMBER ... .............................. ELLIDAN AW ndW Smlm BA 'i to PGr 5 ROI&-700043to 2016-11-15 Agenda Packet Page 42 111111110 Chula Vista CFD ry Carnaliunity FacilitiesDistrict . WRanch Village 3) October 2016 �� ~ � ~^ � �� ���� �� ��� �� ���������� TABLE OF COhJ-FEhJ7-S .....................................................................2 [ |NTR[)DUCT|C}N.—...—...—....—...—...—...—...—...—...—...—...—..... 1 U. GENERAL DESCRIPTION jl BOUNDARIES OF CFD No. 18M..............2 U|. FUTURE ANNEXATION AREA ---------...—...—...—...—...-3 |\/. DESCRIPTION OF SERVICES..........................................................4 V. COST ESTIMATES........................................................................5 \/[ RATE AND METHOD OF Z\pPC)RT|C)NK8ENT OF SPECIAL TAX...............6 EXH|BIT Z\ (BOUNDARY MAP)...............................................................9 EXHIBIT /FUTURE ANNEXATION ............................................ 11 EXHIBIT (PRELIMINARY BUOGET\.—...—....—...—...—...—...—...—..... 13 EXHIBIT (RATE AND MET||C}O OF APPORTIONMENT) .......................... 15 ��� �� ^ �� m �M P -N N HWW ` ` \m ` U ` U ` VV T VV VWW ? ` 07 HO \M VVVV ` ` HT` H V \NVV\M VV ' V T ` ` V U VV ^ ' ' H ` 000 ^ H OW \M ' VV T VW wVV ` OH V ' T T WW 7 \RH T WT V vo VV ` N0 VT ' ` ` U ` ' ' ` ^'' V v&M ^ ' ' -wx U ` ? m^ ' ? P -NN H ` 0 ` `` ` V V&MVV VV? w ` ` ` TVVVW ` ` T X ` VVW ` ] ' ` T V ` ` 0 ` `` ` V v&M ^ ' ' - U ` \m ' U ' ? m- - ' 6 ? ^ ` T V OW WM ` V ` V WN ? ` V? 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Legend 1:3 X,5 1 N%P REFEELN CE ASSESSOR'S FUTURE ANKrMATION AAEA 141 FAffiER PARCIELM M'31A 1. &14�%'o 13-w WILLDAN 2016-11-VcdWtfflaEVN A Page 12 Page 56 Financial Services O WJ U X M T W 2016-11- e � Page 13 page 57 inanaa ervices OTAY LAND-VILLAGE 3 CITY OF CHULA VISCA DERIVATION OF E SIIMATED MAINTENANCE SPECIAL TAX BASED ON EDU'S FOR ENTIRE VILLAGE Sep temper 22,2016 LAND USE INFORMATION Maintenance Special Tax Analysis Total Total Total Total Annual Annual Estimated Residential Annual Annual Annual Special Tax Special Tax Total Net Product Unit Square EDU Total Special Tax SpecialTax Special Tax (Repalcement per Unit Product Type Units Acres Type Sive Feet Factor EDUs (Fotab (Labor) (Water) Costs) or Acre Residential A AlleyRowTHwlPato 107 TH 1,450 155,150 0.80 86 $ 129,195 $ 78,081 $ 29,226 $ 21,888 $ 1,207 B Tripbx 72 TH 1,550 111,600 0.80 58 86,935 52,540 19,666 14,729 1,207 C Motorcourt 6 pac 111 TH 1,950 216,450 0.80 89 134,024 81,000 30,318 22,707 1,207 D 34x79Alley 122 SFD 1,950 237,900 1.00 122 154,133 111,283 41,653 31,196 1,509 E 44x62 162 SFD 2,050 332,100 1.00 162 244,504 147,770 55,310 41,424 1,509 F 48 x 65 130 SFD 2,400 312,000 1.00 130 196,207 118,581 44,385 33,242 1,509 G 48 x 75 135 SFD 2,650 357,750 1.00 135 203,753 123,141 46,092 34,520 1,509 H 50 x 90 77 SFD 2,950 227,150 1.00 77 116,215 70,236 26,289 19,689 1,509 I 55 x 90(3 car tandem) 76 SFD 3,150 239,400 1.00 76 114,706 69,324 25,948 19,434 1,509 MU reside ntial I Apts. 273 Apt. 933 254,709 0.08 22 32,963 19,922 7,457 5,585 121 Office 7.90 Office 4.00 32 47,693 28,824 10,789 8,080 6,037 Industrial Irdustrial 16.8 Industrial 4.00 67 101,424 61,297 22,943 17,183 Total 1,265 24.7 2,444,209 1,055 $ 1,591,750.18 $ 961,999.56 $ 360,074.93 $ 269,675.68 Total Maintenance Budget(as of August 1st,2016 Budget) $ 1,591,750.18 $ 961,999.56 $ 360,074.93 $ 269,675.68 Total EDUs 1,054.64 1,054.64 1,054.64 1,054.64 Cost Per EDU $ 1,509.28 $ 912.16 $ 341.42 $ 255.70 EDU Factor(1.0) $ 912.16 $ 341.42 $ 255.70 EDU Factor(.80) $ 729.73 $ 273.14 $ 204.56 EDU Factor(.08) $ 72.97 $ 27.31 $ 20.46 EDU Factor(4,0) $ 3,648.64 $ 1,365.68 $ 1,022.82 zoas Page 14 g man a erwces c�et Page 58 NPN OMI W Tb VSD T VSD 0 W 2016-11- esPage 15 page 59 inanaa ervices ti 0 w SII U 0 VU U W T U T VU OT W W ?V O V 0 6 \/V IWDU VSD T OV U U (w UIWiD V M:WUUJ Ub 1 6 0 WX U U W (w U lWW T WT U & Q 00 U (w lW Q III 1 U 0 W T W O U T X VSD M TO U IWW W VSD U VSD U W VSD T VT V U T SAD \M (WO MO 1 0 H W U WT X X SAD lWU V U HVU W T \M V M1-W\M W \M T U VSD U U U CT T NN 6 066 ou W O V U U W V W VSD U VSD U U U m ? ? ? ?0 VVSD T W W ?VO VV'U W W ?VO 0 H U VSD T lV VWU W W ?V O O H\M T VU VSD U U TO 40 O H VSD U 0 H VSD 0 H VSD T 0000 H W X U VVU U\AA/ U W T T U VSD O U VSD W T OJ V W W W wO & W VSD 0 W OT XI H I ? my 0 V VSD O V 0 0 (Wbt Ul1Y1D V W 1 I H V 0 T T H U U W I H O vv HVU Cki I 04V VSD U W T VSD WW U U ? TO U C%V W N V V? 0 V VSD W VvVJ WT VW U T X VSD CWH W T U VSD M V\M TO U(M/ W VSD HW T W O U H X T VWSD U 0 VH U T U V OV lWbt 0 X V T W W 0 W VSD ung/ TO U IYW W U T WT VSD WH T VSD V V W W T V CT V U V WT W VSD TO U 11W W VSD M VSD V4N W U WV U W VSD U 0 V T X VSD WV U TW TO U&N VSD M VT W 0 U T X VSD (W ? W W ?VO ? ?O ? 0 V W VU U W W ?VO 0 (w WU T W W ?V 0 ? W W vO O ? 0 V 00 U VSD W W VSD \M T W W V X W W ?V U 2016-11- e��� Page 16 page 60 *91 inanaa ervices ? M T U U NW W ? 0 V 00 1AD I NH T VtJ VSD H V VU T W O IJ IJ VSD IJ 0 U 0 W T IT IJ \M X T VSD VSD IJ 0 V ? MO I O ? ? IVP O V 0 0 Cw UIIYSD V vbwOV10 I O OWX U U VSD (w U IWW ? (w. 0 V VSD I x U &W ? 00 (w O V Uw O w. ? 6 6 Vu? 0 V W W vO V UOU \A JO T V 0 0 I X V UI11SD V T 0 WAD U 0 W I X O TO O I ? WU USA WV T ? 0 VH X l)V Q MAD IJ WV VSD VW T VSD Cw O V V VV W VSD U VSD N IJ U O V T X V U & Q VSD WAD VWS & W CT IWU T IT T MAD M TO IJ&W W W U V 0 WW V U W ? VO 60 T P N V T U P U w ? 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U V\M U WT WOO TO T 11f1D w \M W V W vj W VVV W 0 WT 11ND lT 0 \M lJ V T T X Mb 1 O ?O W U U 0 ? U V \M U OJ U U 0 HT WOO T O T 11YSD w \M VWJ X U T O X ly/ Q X W W ?VO 0 O \m ?O VU 0 N6 w. U V W W ?VO V \kT W 0 w \kM W U m 0 11Y1/\M VWU 00 VHIJ TO H W WOJ W'VT WH W W TW U U V\M W W V W T V T T UU U U W ?O VlT W O w. U V W W A/O V M T O W UO U OTO U l w U V lW T WV W WV W V \kj V!D V ?OWX P W N&ADW U 0 T& W? U V\M U O1 U W U T X \M OWX P W kiw,kj W X T W X 1`,w X & Q \M wm V m&( W &( biU T lT T MAD M TO 0&W W VU U V U WW V 0 lW ?O w O W 0 V1l O up U V X w (wo \m T OV \M M \M WAV T XH 0 XT TO WT VO TO WTO O WV U W T T 11Y \M \/X T WH \M W OW HO TO X U \AN V W OW ?O 06 w. 0 V X w (wo \M T OV \M M\M MH WM VW \M M 0 W H WT V T X lJ V T (T T X T TO WT \M T U Wk M WWH\M V)(H\M (W X \M 0 X ? V T? 0 V T \M VUWU U O WO T \M M U (T Q W lT W X \AJ \m 11WV\A.J 0 \mv U lW Q H GO lW W U lW 0 HO OW T U \AA/ V TT U O V o \M X0 W 0 0 V T V W W OW Vo 0 0 OV ? 4T W O w. 0 V W W vO V M TO VX UOU (To O bw U V lW T V V \W W 0 \kJ W T U 11W ? U V? U V\M V \M lY TV 0 V\M W(1 X T T X MO 1 0 V VWV\M \M V U T THO TO H (W W@ &M H\M V V 0 V \M lY T W T T X M 0 1 0 VV W \M O \M T U W T WT X\M (W 0 vvm VW MO 1 0 V 0 T ? 0 ON VW U T O w. U V W W ?V 0 V V \ilT W O w \6w U M 0 0w \M WWU 00 V W U \M M 0 bW H 0 TO H W W & CWT WH T \A-I \AkJ \ i W U U \ i T T OOOOV ? 0 ONMWUT O w. U V WW vO V \kj W 0 ml \6w W M 0 w ? U 0 ? o V\m 0 0 OT V VWV\M 6k V V W V T M 0 U & Q U W W ?VO M T O W T T T O \M 0 M O 1 6 W T VSD 0 0 0 U W ? 0 0 U U WO V\M U \JM VT W U 0 T X VSD M TO O&N W H X & Q WJ 0 X \M VVV lT 0 \M 0 VT 0 V U 11V Q H OJ X 2016-11- e��� Page 18 page 62 *91 inanaa ervices TU U 01W VJ N V V W U WT MSD VSD U 0 H 11111 VW C4U I ru\m V TH U X U 1T W V V WT W VSD U V V VSD lY T V WW VSD \M T U W W V VviIJ W T U I1 V WT W 0 VSD & Q 0 U11 U VSD 0 0 0 U T ?MAAb WT 0 0 M U X U \R T U T VSD W W HU XHU VSD U 0 V WT U VSD TO & Q W X W TVSD 11 0 U U W U V V U CT Q U V U W W V WT U T U U V I1 VSD XU W 0 0 VO V U & Q VSD W T T VSD MAA! WT U 0 M U X U WO T T 0 VSD 0 0 0 U W U V V U & Q H W 0 X TV 0 0 VSD V T VSD TV W U WT 11YSD MO I O ? WW? U VVSD WW U U ?o O V1(? U V VSD W W v O V 11YSDU VSD T OV M O I O VSD MVSD W W U W Ow U 0 V WW VT U T ? T T O Va(? U VH U Q H 0 O \M W VVUI1 T V M TO W N U 11V Q H 0 0 IVSD & Q T! 1 I H VU VSD T I11U'ID V H U W W ?VO IVSDII MO 1 6 VU VvI1UT X\M M TO U IWW W VO O \X N 0 VVJ Vi TT(W H UV U 1W Q H U W W ?VO 0 O w VU VSD \AkJO T X VSD M TOO&W W VM TO W T TO \M M TO W VU VSD WU T W O T V W VV OOT U 0 1 OU O T V W U W W ?V O VIT W O \/x O VIT W O w W T W U U T VT VSD TV VSD W W W VSD V UO U W 1T T X VSD IW 00 U (W & Q T I I I T U V V W& Q FM TO W W V U WW VSD X U 0 V V WW W V U U VW \A-i W W ?V O M T O \m U X WO U VSD O T v w ou 6 0 U U 0 OT V U WW ?VO w VSD V U w O 0 U U 0 V O T V WV WT VSD W W W ?VO Ou 0 1111 0 U 0 X W W ?VO WUI1T VM TO VX VU T W O I1 T X WO I T VSD W VSD W 0 I 2016-11- e��� Page 19 page 63 *91 inanaa ervices TABLE 1 Maximum Special Tax Basis for Developed Property Community Facilities District No. 18M (Fiscal Year 2016-17) O W1 lJ O 1J 0 O W1 lJ O 1J 0 lJ0 00 lJ0 0 WV O T V W \kT VlY w w O P W lJ W lJ U UK I I I I I I I I I I H I MWUTV�( I O lJ U UK I I I I I II I FB I I VWUTO W O W 0 C I I I I I I III I 0 V� 6 VU wSAD H.I I I H 1 FB 11 T FN I O OU O 0 lJ U 0 wVVU W w V lJ O & lJ lJ 0 \kT O HO W) lJ U 0 4 P W T O 1J lJ lJ 0 WV W W lJ W V\IJ lJ 0 1 T W O lJ lJ USD O 6 U lJ 0 \6M lJ w w O uU lJ lJ 0 4 U O T V M V OW w lJ V T lJ \M 1 1 1 1 N( Q H T U l)V Q \M W H V V7 lJ \M W U VOD O 0 lJ lJ 0 4 O VU W W W U lJ Vj V U 60 T P N V T lJ P U V O P T llll \M W U VSD 0 0 0 lJ 0 WV P W VU W W W U lJ w 0 WX P W M)Aw W U U T(W W T Ob \M W U VSD 0 0 0 lJ 0 WV W W U VWU W W W U lJ SAD N lJ lJ 6 V T V<N V!D VA/ T vi O V V Ou & Q 11 1 1 0 W 0 0 0 w w\M & Q ill 1 o uu u u 0 wv UV V w(w Q Fw o uu u u 0 \tJ ll VT X U W W W SAD W WTI T W W SAD \lJ W \M W V W lJ lJ lJ l ) V WTO U w O OD lJ lJ 0 WV \M W& Q 2016-11-*9 � Page 20 Page 64 inanaa ervices O IJ 0 VU OT T T O \M N U WJ \M 00 IJ IVSD lW Q 1 1 1 I H T uv V W& Q HW M TOO IYW W VU X SAD 0 0 0 O w M 0 10 V!D VSD W W U W 0 0 OT V\M 0 0 U 0 Woo U 0 VU OT 0 V!D W X U W W v O M Tb \x (WO M O 1 6 W iii vSD u o Wj U u 0 W v \6x\m u 0 u U W O W(AM TO VSD H T U U VW V U VSD IJ 0 OT 0 VW X W W No VlT W O vx UO U X U IOW IJ W VIT W V U V 1W T 0 V T V V T IJ X T W X VSD X VSD W W ?V O IVSDIJ VSD M X0 VSD W W I I U VW U IJ 0 T U IJ VSD V T IJ IJ V ou U 0 VU OTO W(w VSD V lJ 11 U VSD lY T U V T WD 0 X W CT NpN6 6066 ou cw IJ W VVUX V N U V10 VVJ IJ O IJ O \/XH W)O VX O W IJ V!D O WH WW O O VXH U WW Alb V IVSD IJ VSDI m V U W U 00 W1 W VSD U 4y W VSD VSD VSD V VV W VSD o VSD V U \m 0 TO W WW (VT W \XT VtJ WT V HW Wl VSD XVH W U T VSD WT UIVID VH T VY v X T VtJ WT X VSD (W M TO IJ IVW W V N U V10 \M T WT T WAU W VH V W V U \M \d IJ WV 66N 6 X T U XV vi u 0 T W v\M U W VSD u 0 OT U& U W W ?v O IVB IJ VU UVW V W IVSD VSD M T U IJ IVW W TO V U W W VSD VSDIJVg VlJ U \MV W IJWVU IJ IT VSD IJWVIJ VW U W VSD IJ 0 VSD WIVE T& WT U V U V WW H\M M TU IJ IVW W T W U IJ V VSD W uv T MAD VSD M TO 0 lWW W VU WO X VSD IJ W VHIJ T IJ (WH IJ T W \AW J IJ U T VSD iJ 0 X VSD T v W W ?V O V VSD W I)V Q U W VSD XU VAT WH 2016-11- e��� Page 21 page 65 *91 inanaa ervices IIID u VSD M W Lui V VSD T VSD U W \M XU VVN VSD W W IJ M TVFi I b W TW IJ Wkl 60 W T VSD W IJ 0 V VSD T ?V W W A/0 V IJ VSD U W VSD XU W lJ V U V WVj T W X VSD M TU U I WW VSD T 0 VV U W!D M&W U V 0 X 0 I w w Cw VSD Imo( U VSD IJ W V U W HVSD CW IJ T VlJ U X WV I�U V U T V VT U T W X W T WO VSD IJ X V U VSD Cw IJ T VU T W O IJ V WO MIWVSD M TO IJ IyW W VU WO X VSD W VT V IJ T V OH 0 T I b HO T U CWHU T W WIRD ou cw IJ T VlJ VSD VU OW W(M& W T O VSD T W U W IJ 0 VV IJXIJ X U IJ CW V TO U T W U IJ W V W W VSD TO IJ CM Vj VSD IJ 0 T X T V OU T 6k VSD uN IJ T W W IJ IJ 0 V OT V VVW W M VU WT U VSD VO U T W VSD V U V!I!J V TO X ad valorem W W VH IT T VSD VVIM M TU U IUW W U X TO WK IJ VSD IJ 0 HU X W IJ 0 V W TO VA IJ TO W U IJ W X W U WM IJ IJ IJ W V VSD M V VSD & T W 0 IJ T OW X VSD M T U U(M W 0 6 Vx U VSD M VU U IJ V lJ VVW VSD IJ 0 IJ W cw 2016-11-*9 � Page 22 Page 66 inanaa ervices City of Chula Vista W-�� cITY OF AV Staff Report File#: 16-0437, Item#: 3. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES (FIRST READING) B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2016 EDITION (FIRST READING) C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2016 EDITION (FIRST READING) D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2016 EDITION (FIRST READING) E. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2016 EDITION (FIRST READING) F. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2016 EDITION (FIRST READING) G. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2016 EDITION (FIRST READING) H. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2016 EDITION (FIRST READING) I. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2016 EDITION (FIRST READING) City of Chula Vista Page 1 of 5 Printed on 11/10/2016 2016-11-15 Agenda Packet � �ifai c��t by�.Vage r67 File#: 16-0437, Item#: 3. J. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2016 EDITION (FIRST READING) K. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE, 2016 EDITION (FIRST READING) RECOMMENDED ACTION Council place the ordinances on first reading. SUMMARY The California Building Standards Commission has mandated that jurisdictions within the State start enforcing the 2016 Editions of the California building codes on January 1, 2017. The adoption of California building codes is a routine action undertaken by the City in response to State adopted building codes. This action allows the City to incorporate appropriate local amendments into the enforcement program. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the California Environmental Quality Act State Guidelines. Thus, no further 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. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 8 Categorical Exemption pursuant to Section 15308 (Actions by Regulatory Agencies for Protection of the Environment) of the State CEQA Guidelines. Notwithstanding the foregoing, the Director of Development Services has also determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to section 15061(b)(3) of the State CEQA Guidelines the activity is exempt from the provisions of CEQA. Thus, no environmental review is required. BOARD/COM MISSION RECOMMENDATION The Board of Appeals and Advisors at their Monday, October 10, 2016 meeting unanimously recommended adoption of the various 2016 Editions of the California building codes. DISCUSSION As mandated by the California Building Standards Commission (CBSC), jurisdictions within the State City of Chula Vista Page 2 of 5 Printed on 11/10/2016 pwered by L V�g e ljrlj� 8 2016-11-15 Agenda Packet o 6 File#: 16-0437, Item#: 3. shall begin enforcing the 2016 Editions of the California building codes on January 1, 2017. Every three years, the State adopts and amends the newest model codes published by the various independent code-developing bodies. New State building codes take effect one-hundred and eighty (180) days after they are published to allow local jurisdictions time to adopt local amendments to the State building codes before they take effect. Local amendments cannot be less restrictive than the State building codes and must be based on findings that the amendments are necessary because of local climatic, geological or topographical conditions. Local amendments are not effective until the amendments have been filed with the CBSC. The majority of the proposed local amendments currently exist in our Municipal Code, as amendments to the current building codes adopted by the City and are being proposed for re- adoption as the City adopts the 2016 codes. The 2016 California codes are updated editions to the current codes that are enforced locally and throughout the state and therefore it should not be difficult for staff and the industry to incorporate into their current practices. The following are brief discussions on the various ordinances adopting the 2016 building codes: Proposed Ordinance "A" - Administrative Provisions for the Technical Codes This ordinance proposes minor amendments to Municipal Code Chapter 15.06, Administrative Provisions for the Technical Codes, adding reference to the proposed new Chapter 15.14, Existing Building Code to various sections of the Chapter, adding language to Section 15.06.080 (13)(1)(0) clarifying when a window replacement is exempt from a building permit, and adding language to Section 15.06.080 (B)(1)(c) clarifying when a fence, wall or gate that is exempt from a building permit might still require a permit from the Fire Department. Proposed Ordinance "B" - 2016 California Buildinq Code The proposed ordinance adopts the 2016 California Building Code and proposes the re-adoption of existing local amendments to the current Building Code adopted by the City. Proposed Ordinance "C" - 2016 California Residential Code The proposed ordinance adopts the 2016 California Residential Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "D" - 2016 California Referenced Standards Code The proposed ordinance adopts the 2016 California Referenced Standards Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "E" - 2016 California Green Building Standards Code The proposed ordinance adopts the 2016 California Green Building Standards Code and proposes the re-adoption of existing local amendments to the current Green Building Standards Code adopted City of Chula Vista Page 3 of 5 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�69 File#: 16-0437, Item#: 3. by the City. Proposed Ordinance "F" - 2016 California Existing Building Code The proposed ordinance adopts a new chapter to the Municipal Code, Chapter 15.14, adopting the 2016 California Existing Building Code (2016 CEBC). The reason for staff's recommendation to adopt the 2016 CEBC this adoption cycle and not prior cycles is that the International Code Council (ICC), developer and publisher of the International Codes which are the base codes adopted and amended by the State, relocated certain regulations applicable to existing buildings from the International Building Code (IBC) to the International Existing Building Code (IEBC). In order to maintain the relocated regulations, the State adopted the 2015 IEBC and amended it for California as the 2016 CEBC. Staff is not proposing any local amendments to the 2016 CEBC. Proposed Ordinance "G" - 2016 California Mechanical Code The proposed ordinance adopts the 2016 California Mechanical Code. Staff is not proposing any local amendments to the code. Proposed Ordinance "H" - 2016 California Electrical Code The proposed ordinance adopts the 2016 California Electrical Code and proposes the re-adoption of existing local amendments to the current Electrical Code adopted by the City. Proposed Ordinance "I" - 2016 California Energy Code The proposed ordinance adopts the 2016 California Energy Code and proposes the re-adoption of existing local amendments to the current Energy Code adopted by the City. Proposed Ordinance "J" - 2016 California Plumbing Code The proposed ordinance adopts the 2016 California Plumbing Code and proposes the re-adoption of existing local amendments to the current Plumbing Code adopted by the City. Proposed Ordinance "K" - 2016 California Fire Code The proposed ordinance adopts the 2016 California Fire Code and proposes minor revisions to the re -adoption of existing local amendments, along with new minor amendments to Chapter 1, Chapter 4 and Appendices, to the current Fire Code adopted by the City. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(x)(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.). City of Chula Vista Page 4 of 5 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�70 File#: 16-0437, Item#: 3. Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed ordinances support the Strong and Secure Neighborhoods goal as it seeks to provide citizens and businesses a safe environment to live, work and play. CURRENT YEAR FISCAL IMPACT There are no increases in fees proposed in this adoption. The cost of new code books and related training is included in the current year's budget. Building permit fees may need to be adjusted to recover the cost of any additional staff time associated with plan review and inspection. Any additional staff time will be accounted for in updates to building permit fees. ONGOING FISCAL IMPACT No ongoing fiscal impact. Any additional building permit review and inspection time associated with implementing these ordinances will be funded through updated building permit fees. ATTACHMENTS 1. Board of Appeals and Advisors October 10, 2016 Meeting Minutes. City of Chula Vista Page 5 of 5 Printed on 11/10/2016 powered byL 2016-11-15 Agenda Packet sage�71 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.06 OF THE CHULA VISTA MUNICIPAL CODE, ADMINISTRATIVE PROVISIONS FOR THE TECHNICAL BUILDING CODES The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.06 That certain Sections of Chapter 15.06, Administrative Provisions for the Technical Building Codes, are amended to read as follows: Section 15.06.001 Purpose Section 15.06.001, Purpose, is hereby amended and shall read as follows: The purpose of this chapter is to establish rules and regulations for the administration and enforcement of certain technical codes, which codes are identified in and adopted in the manner indicated in Chapters 15.08, 15.09, 15.10, 15.12, 15.1415.16, 15.24, 15.26 and 15.28 CVMC, and associated with site preparation and construction, location, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment. Section 15.06.005 Scope Section 15.06.005, Scope, is hereby amended and shall read as follows: The provisions of this chapter shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes identified in and adopted in the manner indicated in Chapters 15.08, 15.09, 15.10, 15.12, 1-5.1415.16, 15.24, 15.26 and 15.28, and which regulate site preparation and construction, location, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment. Provisions contained in the appendices of the technical codes shall not apply unless specifically adopted by the City of Chula Vista. Section 15.06.015 Definitions The first paragraph of Section 15.06.015 is hereby amended and shall read as follows: For the purposes of this chapter, and Chapters 15.08, 15.10, 15.12, 15.14, 15.16, 15.24, 15.26 and 15.28 CVMC, the following words have the meanings shown in this section. Where a 2016-11-15 Agenda Packet Page 72 Ordinance No. Page 2 term is not defined in this section, but is defined in one of the technical codes, such term shall have the meaning ascribed to it in the technical code. Where terms are not defined, they shall have their ordinarily accepted meanings within the context with which they are used. Words used in the singular include the plural, and the plural the singular. Words used in the masculine gender include the feminine, and the feminine include the masculine. The definition of Technical codes in Section 15.06.015 is hereby amended and shall read as follows: "Technical code" means those codes identified in and adopted in the manner indicated in Chapters 15.08, 15.09, 15.10, 15.12, 15 1 4.-,, 15.16, 15.24, 15.26 and 15.28. Section 15.06.080 Permits Section 15.06.080(B)(1)(c) is hereby amended and shall read as follows: c. Fences up to 72 inches and freestanding masonry walls up to 48 inches in height above the highest ad.jacent grade. Fences, walls or gates that extend across fire apparatus access roads Section 15.06.080(B)(1)(o) is hereby amended and shell read as follows: o. The installation of replacement windows in existing window openings associated with a residential dwelling unit with no modifications to the existing rough opening or to the exterior weather proofing...and of same le as the existi ,, window or a stle that for ex At��Kwig idp)Loji jip n wilidow. �LL _g area than the Section 11. Scope of Amendment This Amendment changes only those Sections specifically identified in Section 1, above. No other changes to Chapter 15.06 are contemplated or intended by this Ordinance. The balance of Chapter 15.06 shall remain unchanged and continue in full force and effect. Section 111. 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 2016-11-15 Agenda Packet Page 73 Ordinance No. Page 3 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 IV. 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 will take effect and be in force thirty days after final passage but not before January 1, 2017. Section VI. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 74 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.28 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA PLUMBING CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section 1. Amended Chapter 15.28 That Chapter 15.28 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.28 PLUMBING CODE* Sections: 15.28.010 California Plumbing Code,2043,2016 Edition, adopted by reference. 15.28.015 Solar Water Heater Pre-Plumbing. 15.28.020 Residential Graywater Stub-out. Prior legislation: Prior code §§ 23.3 and 23.9; Ords. 779, 1332, 1748, 1917, 2156, 2343, 2506, 2508, 2639 and 2646. 15.28.010 California Plumbing Code, 204J-2016 Edition, adopted by reference. There is hereby adopted by reference the California Plumbing Code, -20-t-3-2016 Edition, known as the California Code of Regulations, Title 24, Part 5, including Appendices A, B, D, H, 1, and J, and excluding Chapter 1, Division 11 of that document as copyrighted by the International Association of Plumbing and Mechanical Officials and the California Building Standards Commission. Said document is hereby adopted as the plumbing code of the City of Chula Vista for regulating the complete installation, maintenance and repair of plumbing, drainage systems, water systems, gas systems, and private sewage disposal systems on all properties and within all buildings and structures in the City. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.28.015 Solar Water Heater Pre-Plumbing. All new residential units shall include plumbing specifically designed to allow the later installation of a system which utilizes solar energy as the primary means of heating domestic potable water. No building pen-nit shall be issued unless the requirements of this section and the Chula Vista Solar Water Heater Pre-Plumbing Installation Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the building official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the parcel. 2016-11-15 Agenda Packet Page 75 Ordinance No. Page 2 15.28.020 Residential Graywater Stub-out. All new detached single-family dwellings and duplexes shall include a single-source clothes washer graywater outlet and an outside stub-out to allow the later installation of a clothes washer graywater irrigation system that complies with the requirements of Section 4-6021502.1.1 of the 2-0--3-2.016 California Plumbing Code. The outlet and stub-out shall be installed in accordance with the Chula Vista Clothes Washer Graywater Pre-Plumbing and Stub-Out for New Residential Construction or an equivalent alternate method and/or material approved by the Building Official. The provisions of this Section may be modified or waived when it can be satisfactorily demonstrated to the Building Official that compliance with these regulations is impractical due to construction or physical constraints, or due to site and/or soil conditions. Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.28.015 to Chapter 15.28 is necessary due to local climatic conditions. As a result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of solar water heating systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. The City Council specifically and expressly finds and declares that adding section 15.28.020 to Chapter 15.28 is necessary due to local climatic conditions. As a result of prolonged droughts exacerbated by climate change, it is anticipated that water supplies from imported sources are reduced, and furthermore, as a result of population and economic growth, demand for water is expected to increase. These impacts could limit imported water availability, lead to higher demand for local water sources and increase utility costs. Requiring single-source graywater stub-out in new residential development facilitates the use of graywater for irrigation which in. turn helps address these water-related climate change impacts. Section III. 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. 2016-11-15 Agenda Packet Page 76 Ordinance No. Page 3 Section IV. 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 will take effect and be in force thirty days after final passage but not before January 1, 2017. Section VI. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 77 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.36 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE,2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. That Chapter 15.36 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.36 FIRE CODE Sections: 15.36.010 California Fire Code,201 h3 Edition,adopted by reference. 15.36.015 Definitions. 1.5.36.020 Construction documents. 15 36,925 IZe-nsl7tcn, 15.36.0320 Violation penalties. 15.36.03522 Failure to comply. 1.5.36.040 F,mer„encs Planning and Preparedness. 15.36.04520 Response map updates. 1.5.36.0450 NFPA 13-D meter size. 15.36.055 rA13LE 13105.I(1 I [Formatted:Font:12 pt,Not Bold I 15 36 OfiO ...... B l 05.2.. Formatted:Font: 12 pt,Not Bold 15.36.065 TA131,Fs C102.1. 15.36.010 California Fire Code,20163 Edition,adopted by reference. There is hereby adopted and incorporated by reference as if fully set forth herein, the California Fire Code, 20163 Edition, known as the California Code of Regulations, Title 24 part 9, including Appendix BC�1lap4er 4 and C anal Appendix A t+ 0"- ,'- as copyrighted by the International Code Council, and the California Building Standards Commission, which code and associated appendices prescribe the regulations governing conditions hazardous to life and property from fire or explosion, as the Fire Code of the City of Chula Vista, excepting such portions as are hereinafter deleted, modified or amended as set forth in this chapter for the purpose of regulation and enforcement within the City of Chula Vista. 15.36.015 Definitions. Chapter 2 Definitions - Section 202 of the Fire Code Portion of the California Building Standards Code is hereby revised to include the following definitions: 2016-11-15 Agenda Packet Page 78 "Fire Department" means any regularly organized fire department, fire protection district,a legally formed volunteer fire department recorded with the County of San Diego, or Fire Company regularly charged with the responsibility of providing fire protection to the jurisdiction. "Fire Authority Having Jurisdiction(FAHJ)" means the designated entity providing enforcement of fire regulations as they relate to planning, construction and development. "Fire Hazard"means anything that increases or could cause an increase of the hazard or menace of fire to a greater degree than customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire or any thing or act which could obstruct,delay,hinder or interfere with the operations of the fire department or egress of occupants in the event of fire. "Fire Service Features" is a general term inclusive of all other terms such as driveway,fire lane,public street,private street,parking lot,lane,mid-access roadway and other similar facilities��'ike. This Section 15.36.015 amends Section 202 of the Fire Code Portion of the California Building Standards Code only by adding those definitions specifically identified in herein. No other changes to Section 202 of the Fire Code Portion of the California Building Standards Code are contemplated or intended, and the balance of the definitions therein shall remain unchanged and continue in full force and effect. 15.36.020 Construction documents. _______( !1?ter_1__Sc< re_ end_Administration - Subsection Subsecticm_1.0.5.4_C onstr is tion documents of the Fire.Code....portio7ofteCalornia Bttilding tidardsCodcs .._ . :.._ ._ ..._:ljgKebyrcvtsed to read„as follows: ,Subsection l Os Comtr uc tum documents C onsiruc.twn clocurn nts pl ens ubmrtt rls and other {Formatted:Font: 11 pt documents associated with building or remodeling a structurethe k-Ee shall be in accordance with Sections Formatted:Font: pt 105.4.1 through 105.4.6 and the(lnrla Vista Dire Department's I�rrc S afety L ngrna i ging Stanch7rd Det rils„� ---------------------------------- - --- --- Formatted:Font: 10 pt 15,36,025 Ins stiction fie carie . _Chdplcl,1 AdminlStratlVc ProvisionsSubsection 2 3..R It1bpC Formatted:Indent: Left: 0",First line: 0 1 hereb added to the Fire Code p.ortion of the California Butldhi r Standards Code to Tab stops: 0.5°,Left+Not at 0.37° 1 read as follows: Subsection l0(>L.3 ltc snsp etron Hollowing an inspection,whether initial, annual or other, --[Formatted:Font:10 pt during which it is determined that a violation exists, fire code re-iris peutious-_mayear be- conducted ne+8ornred rithe chsu tion od thehire De artmen[until such violations have been corrected. p .r. _ Formatted:Strikethrough Formatted:Font 10 pt 15.36.0230 Violation penalties. ------------------------------------- Chapter 1 Scope and Administration - Subsection 109.4 Violation penalties of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: Subsection 109.4 Violation penalties.Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect,install, alter, repair or do work in violation of the approved construction documents or 2016-11-15 Agenda Packet Page 79 directive of the fire code official,or of a permit or certificate used under provisions of this code,shall be guilty of a misdemeanor,punishable by a fine of not more than the greater of$1,000 dollars or as established by the City of Chula Vista Policy and Procedures Manual for Civil Penalties or by imprisonment not exceeding six (6) months,or both such fine and imprisonment.Each day that a violation continues after due notice has been served shall be deemed a separate offense. 15.36.0235 Failure to comply. Chapter 1 Scope and Administration - Subsection 111.4 Failure to comply of the Fire Code portion of the California Building Standards Code is hereby revised to read as follows: 111.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order,except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $250.00 dollars or more than$1,000 dollars. 15,36.040 Emergenev Plannimp. and Pre aredneSs. _ haptxr,4 I icrgenc,y._l�lal�i7,n _and f�,paledrlcs5 Chal2tezEA.g( the..Fie, Code portic>ta-._ol the----C alilornia BUildsng..._Standards C ode---is hereby acir�x>ted._� .Srer._tl e California State fire Marshal Matrix Adoption 'fable. The sl7ecific sections adopted within this Chapter are_as._fel,lows.:_ C hapte_C- _1 me ret? y +ru 1'lannin rncl_l'r l lr7c5s +dapteci sc tions: -- -- -- ---------- -40-1-,--401-..3.4,--401-.c),--402-,--403.2,__40-4.-5 throuE,h 10 d 6.6, i07�Title. 19 3.13 (2)(1) [ztic 19 3 l=3(c)(_l) 1r11e_19 3 10L"1`itl 193 ]_3%x)(2)1_I'rd 1.9 b) 15.36.034581 Response map updates. Chapter 5 Premises Identification - Subsection 505.3 Response map updates is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Subsection 505.3 Response map updates.Any new development,which necessitates updating of emergency response map by virtue of new structures, hydrants, roadways or similar features, shall be required to provide map updates in a format compatible with current department mapping services(PDF and/or CAD format as approved by the FAHJ). 4f-36-.03 5 Artw r-k� 7 ��3 F3cr4ctEYn is--here4y_rewised--k>-s=ead--as-#o11ows- Formatted:Body Text,Left,Indent: Left: 0", ++bst fi+on�;{}�...q 12 .A.rtwo lc Artwork mid t�rt#+}nl,-++uteri+ls s1+:11 aye h+lr+t-ed on the wall"', First line: 0",Hyphenate,Tab stops: 0.5", of eorridors +1- e wall area trr r+o-x sprtrt 4,red hrxildtrsgs and Left+Not at 0.37"+ 1.1"+ 1.5"+ 1.7"+ 1.9"+ 2.4'+ 3"+ 3.6"+ 4"+ 4.2"+ 511-pereet�t i+a-sprink-}Dred brrikJ+srg- 4,8"+ 5.4"+ 6"+ 6,6"+ 7.1"+ 7,9" ------------------------------------------------------------------------------------------------ 15.36.0450 NFPA 13-D meter size. 2016-11-15 Agenda Packet Page 80 Chapter 9 Fire Protection Systems- Subsection 903.2.8.1_12 NFPA 13-D meter size is hereby added to the Fire Code portion of the California Building Standards Code to read as follows: Subsection 903.2.8.1_12 NFPA 13-D meter size. The minimum water meter size serving NFPA 13-D(dwelling)fire sprinkler systems shall be no less than one(1)inch in diameter. Ivrcc tri {Formatted:Font:Italic Minimum meter size can be dependent upon hydraulic analysis,, including syfillty- - Formatted:Numbered+Level: 1+ factors .for see and_Jv c lluA unrts an!_pie c<s s.oi-� str uctm c s to__ roup R.i Numbering Style: 1,2,3,...+Start at: 1+ o,c7epunc ieti� Alignment:Left+Aligned at: P'+Indent at: 1.25' ___ - - 15,36.055 TABI-, rmatted:Font:Italic TABLE 13105. - [Formatted:Font:Italic FAMILY DWELLINGS,GR0l,.JP R-3.._AND R-4 BUILDINGS ANL�._'IOWNIIOuSE� (Formatted:Font:Italic of the_Fiie C od.4 portion of the California Lluilding Standards Code s revised to read as follows: ------------------ TABLE B105.1(1). (Formatted:centered ®TABLE B105.1(1)REQUIRED FIRE FLOW FOR ONE-AND TWO-FAMILY Formatted:Font:Times New Roman DWELLINGS,GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES Fire-Flow Automatic Minimum Fire- Flow Duration Calculation Area Sprinkler Systems Flow (hours) (sqf) (design-standard) (gallons per minute) 0-3,600 No automatic I-;000 I Duration in'fable sprinkler system Value in'fable 131051 2 at the B 105,J.(2) reclrtii ed.fire-flgw. rate 3,601 and greater No automatic Value in Table Duration in Table sprinkler system B 105.1(2) B 105.1(2)at the required fire-flow rate 0-3,600 Section 903.3.1.3 500 of the California Vahie in Table Miration in Table Fire Code or B 105.1(2 Il 105.1(2..._at the ..................................... .............._............._ Section 313.3 of r9g tiredf'ire-flow the California rate Residential Code 3,601 and greater Section 903.3.1.3 akte—i-n-Tal le I Duration in 'Fable of the California 145:1{'2) B105.1 2 at the Fire Code or Value in fable required.._fire-flow .... ...... ...... Section 313.3 of t1U51,(2), rate the California Residential Code For SI: 1 gallon per minute=3.785 L/m 2016-11-15 Agenda Packet Page 81 15.36.060 TABLE B 105.2. TABLE B105.2 ONE- AND TWO-FAMILY DWEl_L.1NGS,...(.,R0tJl1 R-3 AND R-4 1311l[_.QlNGS AND 'J`0WN1J0LJSES ofthe Fire Codep�2qion of-the Calilornia BUilding_,51qpdWEgts, Code is revised to read as follows: TABLE B105.2. TABLE B 105.2 REQUIRED FIRE FLOW FOR BUILDINGS OTHER THAN ONE- AND TWO-FAMILY DWELLINGS,GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES Automatic Sprinkler Minimum Fire-Flow Flow Duration(hours) Systems(design- (gallons per minute) standard) No automatic sprinkler Value in Table B105.1(2) Duration in Table system B 105.1(2) Section 903.3.1.1 of the 2,575%of the value in Duration in Table California Fire Code Table B 105.1(2)a B 105.1(2)at the Fe4tieed original flow rate Section 903.3.1.2 of the 2575%of the value in Duration in Table California Fire Code Table B105.1(2)"' B 105.1(2)at the r-educed 2riginal flow rate For SI: I gallon per minute=3.785 L/m 1--).a,.The reduced fire-flow rate shall not be less than 1,500 gallons per minute. Indent: Left: 0.5" 15.36.065 TABLE C102.L TABLE 0102 E I IYDRANTS of the Fire Code..p- b i uildin 'ode is ..91!ion of Calif rn a.B ado ted�without without footnotes th�rou Section 11. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the additions and amendments noted above to the 2016 Edition of the California Fire Code is necessary due to local climatic, geological and topographical conditions. Section 111. 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 2016-11-15 Agenda Packet Page 82 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 IV. 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 will take effect and be in force thirty days after final passage but not before January 1,2017. Section VI.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. Submitted by: Approved as to form by: James S. Geering Glen R. Googins Fire Chief City Attorney 2016-11-15 Agenda Packet Page 83 Attachme... MINUTES OF A REGULAR MEETING OF THE BOARD OF APPEALS &ADVISORS OF THE CITY OF CHULA VISTA E October 10, 2016 5:15 p.m. A Regular Meeting of the Board of Appeals & Advisors of the City of Chula Vista was called to order at 5:45 p.m. in Conference Room 137, located at Public Service Bldg "B", Chula Vista, California. ROLL CALL PRESENT: Sides, Smith and Doria(5:45 pm) ABSENT: Hall and Sanfilippo ALSO PRESENT: Justin Gipson, Fire Marshall, Ahmad Doudar, Plan Check Supervisor and Secretary Rice CONSENT CALENDAR f 1. Approval of Minutes: August 10, 2015 Staff recommendation: Board approves the minutes. 2. Excuse absences for Member Doria and Hall Staff recommendation: Board excuses the absences. i ACTION: Member Smith moved to approve staff's recommendations and offered Consent Calendar Item 1 and 2. Member Doria seconded the motion, and it carried 3-0. ITEMS REMOVED FROM THE CONSENT CALENDAR 1 There were none. PUBLIC COMMENTS i None ACTION ITEMS 3. Elect new Chair and Vice Chair for fiscal year 2016/17 Staff recommendation: Board elect new Chair and Vice Chair i ACTION: Vice Chair Sides made a motion to continue election of new Chair and Vice Chair to next meeting. Member Smith seconded the motion and it carried 3-0. Page 1 Board of Appeals&Advisors Minutes October 10,2016 2016-11-15 Agenda Packet Page 84 F E 4. Ordinances adopting the various 2016 California building codes Staff recommendation: Board recommend to City Council the adoption of the various 2016 Editions of the California building codes. Justin Gipson, Fire Marshall explained that Lou El-Khazen, Building Official was on vacation and he would be filling in. He gave a brief presentation about Ordinances adopting the various 2016 California building codes that would be effective January 1, 2017. After further deliberation the board members unanimously recommended to City Council the adoption of the various 2016 California building codes. Action: Member Smith moved to recommend, as presented, to City Council the adoption of thevarious 2010 Edition California building codes. Member Doria secondednded the motion and it carried 3-0. OTHER BUSINESS 5, STAFF COMMENTS-None 6. CHAIR'S COMMENTS-None 7. COMMISSIONERS'/BOARD MEMBERS' COMMENTS-None ADJOURNMENT At 5:56 p.m., Vice Chair Sides adjourned the meeting to the next Regular Meeting on November 14, 2016 at 5;15 p.m. in Conference Room 137 located at Public Service Bldg "B", 276 Fourth Avenue, Chula Vista, California. E E I c Rosemarie Rice, Secretary i E Page 2 Board of Appeals&Advisors Minutes October 10,2016 2016-11-15 Agenda Packet Page 85 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.08 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA BUILDING CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section 1. Amended Chapter 15.08 That Chapter 15.08 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.08 BUILDING CODE Sections: 15.08.010 California Building Code, 2;)4-1-2016 Edition, adopted by reference. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. 15.08.030 Subsection -.1-5-0-91510.6.4 is added to Section -.1 5091510.6 to require equipment enclosures on roofs. 15.08.010 California Building Code,244-X2016 Edition, adopted by reference. There is hereby adopted by reference the California Building Code, 2-M-3-2016 Edition, known as the California Code of Regulations, Title 24 part 2, including Appendix C and Appendix 1, and excluding Chapter 1, Division 11 of that document as copyrighted by the International Code Council, and the California Building Standards Commission. Said document is hereby adopted as the Building Code of the City of Chula Vista for regulating the erection, construction, enlargement, alteration, repair, moving, demolition, conversion, occupancy, use, height, and area of all buildings and structures in the City, excepting such portions as are hereinafter deleted, modified, or amended. Municipal Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. 15.08.020 Subsection 705.11 is amended to add an exception to the requirement for parapets. Exception 7 is hereby added to Subsection 705.11 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Exception 7. Conversion of existing Group R occupancies to offices. 15.08.030 Subsection 4-W1510.6.4 is added to Section 4-5091510.6 to require equipment enclosures on roofs. 2016-11-15 Agenda Packet Page 86 Ordinance No. Page 2 Subsection -1-5091510.6.4 is hereby added to Section 4-509 1 5 1 0.6 of the California Building Code, as it applies in Chula Vista, and shall read as follows: Subsection 45W]5l 0.6.4 Equipment Enclosure. Operating equipment, including piping and ducts located on the roof of a building, shall be shielded from view from public thoroughfares, and private and public parking lots. Equipment enclosures shall not be constructed so as to trap flammable or combustible vapors. Exception: Solar collectors. Does not include structural supporting members. Section II. Findings and Declaration The City Council specifically and expressly finds and declares that adding section 15.08.020 and 15.08.030 to Chapter 15.08 is necessary due to local topographical conditions. As a result of the geographical layout of the City the City Council deems it aesthetically important to shield roof equipment enclosures from public view. Also, exempting conversion of existing Group R occupancies to offices from Subsection 705.11 of the California Building Code is an important historical exemption contained in the City Code from years past and the City Council deems this exemption necessary to preserve local topographical conditions. Section III. 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 IV. 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 2016-11-15 Agenda Packet Page 87 Ordinance No. Page 3 This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2017. Section VI. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 88 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.09 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA RESIDENTIAL CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.09 That Chapter 15.09 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.09 RESIDENTIAL CODE Sections: 15.09.010 California Residential Code, 2016 Edition, adopted by reference. 15.09.010 California Residential Code,244-3-2016 Edition, adopted by reference. There is hereby adopted by reference the California Residential Code, 2143 2016 Edition, known as the California Code of Regulations, Title 24 part 2.5, including Appendix H and S and excluding Chapter 1, Division II of that document as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the residential code of the City of Chula Vista for regulating the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, Location, maintenance, removal and demolition of every detached one-and two-family dwelling, townhouse not more than three stories above grade plane in height with a separate means of egress and structures accessory thereto throughout the City, excepting such portions as are hereinafter deleted, modified, or amended. Municipal Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 2016-11-15 Agenda Packet Page 89 Ordinance No. Page 2 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2017. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 90 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.10 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA REFERENCED STANDARDS CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section L Amended Chapter 15.10 That Chapter 15.10 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.10 REFERENCED STANDARDS CODE Sections: 15.10.010 California Referenced Standards Code, 2043-2016 Edition, adopted by reference. 15.10.010 California Referenced Standards Code, 2-043 2016 Edition, adopted by reference. There is hereby adopted by reference the California Referenced Standards Code, know as California Code of Regulations, Title 24 part 12, 241-3-2016 Edition, excluding Chapter 12-1 Administration of that document, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the referenced standards code of the City of Chula Vista, excluding Chapter 12-1, for the purpose of providing minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, certain equipment, use and occupancy, location and maintenance of all buildings and structures within the City of Chula Vista. Municipal. Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 2016-11-15 Agenda Packet Page 91 Ordinance No. Page 2 Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2017. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney C:AUsers\shereek\Desktop\Ord D.doc 2016-11-15 Agenda Packet Page 92 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.12 TO THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Amended Chapter 15.12 That Chapter 15.12 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.12 Green Building Standards Sections: Section 15.12.001 California Green Building Standards Code, 2-043 2016 Edition, adopted by reference Section 15.12.005 California Green Building Standards Code Subsection 102.4 Section 15.12.001 California Green Building Standards Code, 2043--2016 Edition, adopted by reference There is hereby adopted by reference the California Green Building Standards Code, .204J--Z-01.-6�-Edition, known as the California Code of Regulations, Title 24 part 11, as copyrighted by the California Building Standards Commission. Said document is hereby adopted as the green building Code of the City of Chula Vista for enhancing the design and construction of buildings, building additions and alterations through the use of building concepts having a reduced negative impact or positive environmental impact and encouraging sustainable construction practices, excepting such portions as are hereinafter deleted, modified, or amended. Municipal Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. Section 15.12.005 California Green Building Standards Code Subsection 102.4 Subsection 102.4 is hereby added to Section 102 of the California Green Building Standards Code, as it applies in Chula Vista, and shall read as follows: 102.4 Consultant Services. The Building Official may require the applicant to retain the services of a consultant having expertise in Green Building and/or energy efficiency techniques to review and evaluate complex systems and/or alternate methods or materials of construction and provide recommendations as to compliance with the requirements of this code. The cost of such consultant shall be paid by the applicant. 2016-11-15 Agenda Packet Page 93 Ordinance No. Page 2 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 III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2017. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 94 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA ADOPTING CHAPTER 15.14 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA EXISTING BUILDING CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section I. Added Chapter 15.14 That Chapter 15.14 is hereby added to the Chula Vista Municipal Code to read as follows: Chapter 15.14 EXISTING BUILDING CODE Sections: 15.14.010 California Existing Building Code, 2016 Edition, adopted by reference. 15.14.010 California Existing Building Code, 2016 Edition, adopted by reference. There is hereby adopted by reference the California Existing Building Code, 2016 Edition, known as the California Code of Regulations, Title 24, Part 10, including Appendix Al, A3, A4 and A6, and excluding Chapter 1, Division II thereof, as copyrighted by the International Code Council and the California Building Standards Commission. Said document is hereby adopted as the existing building code of the City of Chula Vista, providing for and regulating the repair, alteration, change of occupancy, addition to and relocation of existing buildings within the City. Municipal Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction 2016-11-15 Agenda Packet Page 95 Ordinance No. Page 2 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 will take effect and be in force thirty days after final passage but not before January 1, 2017. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 96 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.16 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA MECHANICAL CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section L Amended Chapter 15.16 That Chapter 15.16 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.16 MECHANICAL CODE Sections: 15.16.010 California Mechanical Code, -2- 043 2016 Edition, adopted by reference. Prior legislation: Ords.2506,2507,2639 and 2831-A 15.16.010 California Mechanical Code 204-3-2016 Edition adopted by reference. There is hereby adopted by reference the California Mechanical Code, 2016 Edition, known as the California Code of Regulations, Title 24, Part 4, including Appendix B;- and C., a*44-)-,-and excluding Chapter 1, Division II thereof, as copyrighted by the International Association of Plumbing and Mechanical. Officials and the California Building Standards Commission. Said document is hereby adopted as the mechanical code of the City of Chula Vista, providing for and regulating the complete installation. and maintenance of heating, ventilation, cooling and refrigeration systems within the City. Municipal. Code Chapter 15.06 shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. 2016-11-15 Agenda Packet Page 97 Ordinance No. Page 2 Section 1II. 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 will take effect and be in force thirty days after final passage but not before January 1, 2017. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney C:AUsers\shereek\Desktop\Ord G.doc T',BLD HSG,2013 building codes adop \2812 GMM hC 15.16 G' .doe 2016-11-15 Agenda Packet Page 98 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.24 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ELECTRICAL CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section 1. Amended Chapter 15.24 That Chapter 15.24 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.24 ELECTRICAL CODE AND REGULATIONS* Sections: 15.24.010 California Electrical Code, -2443-2.0 1 6 Edition, adopted by reference. 15.24.035 Previously used materials. 15.24.045 Distribution panels— Separate required when. 15.24.050 Circuit cards to be posted when. 15.24.055 Electric fences —Defined—Prohibited. 15.24.060 Phase arrangement—Amended. 15.24.065 Photovoltaic Pre-wiring Requirements. *For statutory provisions exempting electrical contractors from licensing under an electrical repairman's statute, see Bus. and Prof. Code § 9804.For statutory provisions authorizing cities to regulate the materials used in wiring structures for electricity and in piping them for water,gas or electricity,and to regulate the manner of such piping, see Gov. Code§ 38660. Prior legislation: Ords.2045,2158,2292,2459,2506,2639 and 2647. 15.24.010 California Electrical Code, 2041-2016 Edition, adopted by reference. There is hereby adopted by reference the California Electrical Code, 244-3--2016 Edition, known as the California Code of Regulations Title 24, Part 3, as copyrighted by the National Fire Protection Association and the California Building Standards Commission. Said document is hereby adopted as the electrical code of the City of Chula Vista, regulating the installation, repair, operation and maintenance of all electrical wiring and electrical apparatus of any nature whatsoever, whether inside or outside of any building within the City, excepting such portions as are hereinafter deleted, modified, or amended. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this chapter. 15.24.035 Previously used materials. Previously used materials shall not be reused in any work without approval by the Building Official. 2016-11-15 Agenda Packet Page 99 Ordinance No. Page 2 15.24.045 Distribution panels— Separate required when. Each store in a store building, each flat in a flat building, and each building used as a dwelling shall be so wired that each store, apartment, flat or dwelling shall have separate lighting and/or power distribution panels. Such panels shall not serve other portions of the building. Hotels, motels, hotel apartments and similar types of buildings may be wired from one or more distribution panels. 15.24.050 Circuit cards to be posted when. When requested by the Building Official, a complete schedule of circuits showing the number, kind and capacity of each outlet on each circuit shall be posted on each job prior to rough inspection. 15.24.055 Electric fences—Defined—Prohibited. A. As used herein, the term "electric fence" includes all fences which in any way use electrical energy as an additional deterrent or have wires charged with electricity which are not covered with adequate insulation to protect persons and animals coming in contact therewith. B. No electric fence may be constructed, maintained or operated within the City. 15.24.060 Phase arrangement—Amended. Section 408.3(E)(_l) of the California Electrical Code is hereby amended to read: AC Phase Arrangement. The phase arrangement on three-phase buses shall be A, B, C from front to back, top to bottom, or left to right, as viewed from the front of the switchboard or panelboard. The C phase shall be that phase having the higher voltage ground on three-phase, four-wire delta-connected systems. Other busbar arrangements may be permitted for additions to existing installations and shall be marked. 1.5.24.065 Photovoltaic Pre-wiring Requirements. All new residential units shall include electrical conduit specifically designed to allow the later installation of a photovoltaic (PV) system which utilizes solar energy as a means to provide electricity. No building permit shall be issued unless the requirements of this section and the Chula Vista Photovoltaic Pre-Wiring Installation. Requirements are incorporated into the approved building plans. The provisions of this chapter can be modified or waived when it can be satisfactorily demonstrated to the Building Official that the requirements of this section are impractical due to shading, building orientation, construction constraints or configuration of the parcel. Section II. Findings and Declaration The City Council of the City of Chula Vista specifically and expressly finds and declares that each of the amendments noted above to the 2016 Edition of the California Electrical Code is necessary due to local climatic, geological and topographical conditions. The City Council of the City of Chula Vista specifically and expressly finds and declares that adding section 15.24.065 to Chapter 1.5.24 is necessary due to local climatic conditions. As a 2016-11-15 Agenda Packet Page 100 Ordinance No. Page 3 result of high summer ambient temperatures and periods of heat waves, average load demand and peak load demand of energy used in Chula Vista is an important factor concerning public safety and adverse economic impacts of power outages or power reductions. Facilitating the installation of Photovoltaic systems will have local and regional benefits in the reduction of total and peak energy use and greenhouse gas emissions. Section III. 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 IV. 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 will take effect and be in force thirty days after final passage but not before January 1, 2017. Section VI. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 101 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHAPTER 15.26 OF THE CHULA VISTA MUNICIPAL CODE ADOPTING THE CALIFORNIA ENERGY CODE, 2016 EDITION The City Council of the City of Chula Vista does ordain as follows: Section 1. Amended Chapter 15.26 That Chapter 15.26 of the Chula Vista Municipal Code is hereby amended to read as follows: Chapter 15.26 ENERGY CODE Sections: 15.26.010 California Energy Code,244-3-2016 Edition, adopted by reference. 15.26.020 Outdoor lighting zones. 15.26.010 California Energy Code,2..04-3-2016 Edition, adopted by reference. The City of Chula Vista adopts, by reference, that certain document known as the California Energy Code, 2.04-3 2016 Edition, set forth in Title 24, Part 6, of the California Code of Regulations, as copyrighted by, and as may be amended from time to time by, the California Building Standards Commission. That California Energy Code is adopted as the energy code of the City of Chula Vista for the purpose of regulating building design and construction standards to increase efficiency in the use of energy for new residential and nonresidential buildings. Chapter 15.06 CVMC shall serve as the administrative, organizational and enforcement rules and regulations for this Chapter. 15.26.020 Outdoor lighting zones. Pursuant to Section 10-114 (c) of the California Code of Regulations, Title 24, Part 1, the city has adopted an outdoor lighting zones map amending state default lighting zones as applied to certain areas of the City. The location of outdoor lighting zones in the City are per the adopted Outdoor Lighting Zones Map, dated September 2, 2005 and kept on file with the City Planning and Building Department. 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 2016-11-15 Agenda Packet Page 102 circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This ordinance will take effect and be in force thirty days after final passage but not before January 1, 2017. 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 Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 103 City of Chula Vista W_�� cITY OF AV Staff Report File#: 16-0444, Item#: 4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN ESGIL CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN BUREAU VERITAS NORTH AMERICA CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN CSG CONSULTANTS CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RECOMMENDED ACTION Council adopt the resolutions. SUMMARY The Development Services Department (DSD) uses contractual services to assist staff with permit processing, plan reviews and inspections during periods of high construction activity and spikes in workload. Currently, the City has agreements with three consultants that will expire on January 31, 2017. In order to establish new agreements, staff prepared a Request for Proposal (RFP) for permit processing, plan check and inspection services. Five consultants submitted proposals which were evaluated by a Selection Committee. After a thorough evaluation, the Committee recommended that the City contract with three consultants; EsGil Corporation, Bureau Veritas North America Corporation and CSG Consultants Corporation to provide the services on an as-needed basis. ENVIRONMENTAL REVIEW City of Chula Vista Page 1 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�04 File#: 16-0444, Item#: 4. 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 Determination 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 review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION The City has been using the building plan review and inspection services of consultants since 1987. Having consultants available on an as-needed basis has helped the City manage the increase in workload during periods of high building permit activity and maintain established customer service standards. In addition, having consultants on standby allows the City to minimize the impact on customer service caused by staff taking vacation or extended leave. Consultants offer flexibility and the ability to respond quickly with no impact to the City, especially given fluctuating demands for such services. Furthermore, consultants can be used when staff requires specialized expertise that is unavailable in-house, when outside assistance is needed to expedite projects, or when a third party is needed to perform a review. On February 1, 2011, the City contracted with three consultants; EsGil Corporation, Bureau Veritas North America Corporation and JAS Pacific Consulting Corporation. These contracts will expire on January 1, 2017, and staff is proposing to establish new contracts. Staff prepared a RFP for permit processing, plan check and inspection services. A Selection Committee (Committee) reviewed the responses to the RFP. The Committee evaluated five responses using a pre-established list of evaluation criteria based on professional qualifications of consultant's employees, consultant's experience in performing the services, consultant's procedures and their impact on City procedures, quality control programs, familiarity with local and regional code interpretations, and cost of services. After taking everything into consideration, the Committee recommended that the City contract with three consultants; EsGil Corporation, Bureau Veritas North America Corporation and CSG Consultants Corporation. Having access to three consultants gives the City access to a larger pool of resources and insures that more than one provider is in place in case the workload of a provider exceeds the limits of the provider's resources. The contracts are structured so that the City has the option of either sending work to the consultant to perform the service in the consultant's office or have consultant staff positioned in the City. Having three consultants compete for the placement of consultant staff in the City increases the possibility that the City is being presented with the best and most qualified resources. The City gets to review resumes and interview consultant staff and select those that would be positioned in the City. Furthermore, having consultants positioned in the City allows our supervisors to maintain control of work assignments, to assure consistency and quality of service and to assure same-day data entry into our permit tracking system. The proposed contracts have been reviewed by the City Attorney and approved as to form. The contracts are structured to allow the City, at its sole discretion, to terminate a contract any time after having given the consultant 30 days notice. The decision to use the services of any of the consultants rests solely with the City and will be made on a case-by-case basis by the Development Services Director or his/her designee. City of Chula Vista Page 2 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�05 File#: 16-0444, Item#: 4. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site-specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(x)(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 Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed agreements support the Operational Excellence goal as they seeks to assist the City manage the increase in workload during periods of high building permit activity and maintain established customer service standards; providing quality customer service. CURRENT YEAR FISCAL IMPACT All costs of permit processing, plan check and inspection services, whether performed by the City or the City's consultant, are borne by the applicant in the form of plan check and permit fees. The plan check and permit fees provide sufficient revenue to cover both the cost of the services provided by the consultant and the Department's administrative overhead costs. The cost to the applicant is the same, whether City staff or consultants provide the service. Purchase orders for these services will be initiated on an as-needed basis, and in accordance to the City's Purchasing Policy. ONGOING FISCAL IMPACT No ongoing fiscal impact. The plan check and permit fees provide sufficient revenue to cover both the cost of the services provided by the consultant and the Department's administrative overhead costs. ATTACHMENTS 1. Agreement between City of Chula Vista and EsGil Corporation for Permit Processing, Building Plan Check and Building Inspection Services. 2. Agreement between City of Chula Vista and Bureau Veritas North America Corporation for Permit Processing, Building Plan Check and Building Inspection Services. 3. Agreement between City of Chula Vista and CSG Consultants Corporation for Permit Processing, Building Plan Check and Building Inspection Services. Staff Contact: Lou EI-Khazen, Building Official/Code Enforcement Manager, Development Services Department. City of Chula Vista Page 3 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�06 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN ESGIL CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the development Services Department uses contractual services to assist staff with building pen-nit processing, plan review and inspections during periods of high construction activity and spikes in workload; and WHEREAS, unreasonable delays in the processing and inspection of building permits are an obstacle to economic vitality and a hardship to pen-nit applicants; and WHEREAS, current agreements with three consultants expire January 31, 2017; and WHEREAS, in anticipation of the need to continue to use consultants on an as needed basis, staff distributed and advertised a request for proposal for permit processing, plan check and inspection services; and WHEREAS, a Selection Committee evaluated five responses using a pre-established list of evaluation criteria, and after a thorough evaluation, recommended that the City contract with EsGil Corporation for these services on an as needed basis; and WHEREAS, plan check and permit fees provide sufficient revenue to cover the cost of permit processing, plan check and inspection services, and the Department's administrative overhead costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement with Esgil Corporation to Provide Permit Processing, Building Plan Check and Building Inspection Services, between the City and Esgil Corporation, 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 or the Director of Development Services to execute the same. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 107 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN BUREAU VERITAS NORTH AMERICA CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the development Services Department uses contractual services to assist staff with building permit processing, plan review and inspections during periods of high construction activity and spikes in workload; and WHEREAS, unreasonable delays in the processing and inspection of building permits are an obstacle to economic vitality and a hardship to permit applicants; and WHEREAS, current agreements with three consultants expire January 31, 2017; and WHEREAS, in anticipation of the need to continue to use consultants on an as needed basis, staff distributed and advertised a request for proposal for permit processing, plan check and inspection services; and WHEREAS, a Selection Committee evaluated five responses using a pre-established list of evaluation criteria, and after a thorough evaluation, recommended that the City contract with Bureau Veritas North America for these services on an as needed basis; and WHEREAS, plan check and permit fees provide sufficient revenue to cover the cost of pen-nit processing, plan check and inspection services, and the Department's administrative overhead costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement with Bureau Veritas North America to Provide Permit Processing, Building Plan Check and Building Inspection Services, between the City and Bureau Veritas North America, 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 or the Director of Development Services to execute the same. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 108 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AGREEMENT BETWEEN CSG CONSULTANTS CORPORATION AND THE CITY OF CHULA VISTA TO PROVIDE BUILDING PERMIT PROCESSING, PLAN REVIEW AND INSPECTION SERVICES, ON AN AS-NEEDED BASIS, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the development Services Department uses contractual services to assist staff with building permit processing, plan review and inspections during periods of high construction activity and spikes in workload; and WHEREAS, unreasonable delays in the processing and inspection of building permits are an obstacle to economic vitality and a hardship to permit applicants; and WHEREAS, current agreements with three consultants expire January 31, 2017; and WHEREAS, in anticipation of the need to continue to use consultants on an as needed basis, staff distributed and advertised a request for proposal for permit processing, plan check and inspection services; and WHEREAS, a Selection Committee evaluated five responses using a pre-established list of evaluation criteria, and after a thorough evaluation, recommended that the City contract with CSG Consultants for these services on an as needed basis; and WHEREAS, plan check and permit fees provide sufficient revenue to cover the cost of pen-nit processing, plan check and inspection services, and the Department's administrative overhead costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Agreement with CSG Consultants to Provide Pen-nit Processing, Building Plan Check and Building Inspection Services, between the City and CSG Consultants, 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 or the Director of Development Services to execute the same. Presented by Approved as to form by Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 109 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH ESGIL CORPORATION TO PROVIDE PERMIT PROCESSING, BUILDING PLAN CHECK AND BUILDING INSPECTION SEVICES This Agreement is entered into effective as of February 1, 2017 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation ("City") and EsGil Corporation, ("Consultant") (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, City desires to employ the services of a consultant to provide building permit processing, building plan review and building inspection of permitted building construction projects,; and WHEREAS, City advertised for competitive requests for proposals for said services;; and WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City's needs; 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 ICity of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 110 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, City 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 Security for 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 Municipal Code. 1.8 Business License. Prior to conunencement 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 take appropriate measures necessary to ensure that all 2. City of Chula Vista Agrccmcnt No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 111 subcontractors and 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 3. 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(51/6) of the amount invoiced. 2.4 Retention Policy. 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. 2.6 Exclusions. 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 (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. 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 i City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 112 payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 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. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required 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 List 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-consultants/sub-contractors 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. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as 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 Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be "Primary." Consultant's general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance 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 Subro ag tion. Consultant's insurer(s) 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 claim 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 7 City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Re 5/26/16 2016-11-15 Agenda Packet Page 113 Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. 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" 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 Obli atg ions. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. 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 Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by 75TCity of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 114 California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 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 by 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 City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 115 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 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 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 in the 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 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in 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. City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5126/16 2016-11-15 Agenda Packet Page 116 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 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 Authori . 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 Independent 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 3 City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5126/16 2016-11-15 Agenda Packet Page 117 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 responsible for 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.) V. City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 118 SIGNATURE PAGE CONSULTANT SERVICES,AGREEA4EN'r IN WITNESS WHEREOF, by executing dais Agreement where indicated belomr, City and Consultant agree that they have read and understood all terns 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. I ESGIL CORPORA'nON CITY OF CHULA VISTA BY: 13Y� ........... ------- ;f IV KURTC � L E MARY CASILLAS SALAS DIRECTOR OF OPERATIONS MAYOR ATTEST BY: DONNA R. lRRIS, CNIC CITY CLERK APPROVED AS "I'0 FORM BY: (iLEN R. GOOGINS CITY ATTORNEY ................. ................. .... . ............................................... 177 Consullaw Nanw:BOO Owporafim Re.,it e6 2016-11-15 Agenda Packet Page 119 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Lou El-Khazen 276 Fourth Avenue Chula Vista, CA 91910 619-409-1960 lelkhazen@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttorney@ci.chula-vista.ca.us B. Consultant Contract Administration: ESGIL CORPORATION 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 858-560-1468 kculver@esgil.com For Legal Notice Copy to: Kurt Culver, Director of Operations 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 858-560-1468 kculver@esgil.com 2. Required Services A. General Description: The Consultant shall provide professional building permit processing, building plan check and building inspection of permitted building construction projects as requested by the City per Section B, "Detailed Description". For permit processing and building inspection services, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Plan review services will be provided by Consultant at Consultant's place of business. City reserves the right to also have Consultant provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. II ICity of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 120 Performance on all work is subject to the satisfaction of the City's Building Official. B. Detailed Description: Permit Processing Services 1. When requested by City, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff with the knowledge, skills and abilities to perform the following functions: Enter permit data into the automated database; research; compile and prepare various limited reports and presentation graphics; assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status; research information for public; accept permit applications and collect permit fees; review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines; review plans for conditions of prior approval; route plans to other city departments for review; approve minor permits-. research and respond to public inquiries; build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service; and perform related duties as assigned. Selection of these individuals will be further subject to approval by City. Plan Check Services 2. The Consultant shall perform initial plan review of submitted plans, to include State regulated occupancies such as public schools (per DSA) and clinics (per OSHPD 3), to determine compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 3. The Consultant shall provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. 4. The Consultant shall perform all necessary liaison with the applicant's designee, either by telephone, mail or meeting in Consultant's office and all necessary rechecks to achieve conformance to the regulations. 5. The Consultant shall provide recommendations and act as liaison to the Building Official, or his designee, either by mail, telephone or in Consultant's office, to insure compliance with Chula Vista Municipal Code Section 15.06.045, "Alternate Materials, Methods of Design and Methods of Construction", and Section 15.06.060(J), "Modifications.", and to insure compliance with local policy interpretations. JZ City of Chula Vista Agrccmcnt No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 121 6. The Consultant shall attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 7. The Consultant shall perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of changes to plans prior to such approval. 8. The Consultant shall provide City with monthly plan review status reports for all projects assigned. 9. When requested by City, Consultant shall provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Building Inspection Services 10. When requested by City, Consultant shall provide City with qualified building inspection individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. 11. Consultant staff assigned to City shall provide next-workday inspections of all requested inspections and re-inspections for compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 12. Consultant staff assigned to City shall coordinate with the Building Official on all discretionary decisions or requests for alternate materials or types of construction. 13. Consultant staff assigned to City shall coordinate with the Building Official on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Following City's request for plan review, the Consultant shall complete the review within the following turnaround times: Type of Project Turnaround;Time Single Family Dwelling/Duplex 7 Working days Apartments/Condominiums 10 Working days Tenant Improvements 7 Working days Commercial/Industrial 12 Working days Rechecks 5 Working days Plan Chane 5 Working days ti City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 122 Deliverable No. 2: No later than 3 workdays after completion of each plan check; Consultant shall submit to City in writing a plan check correspondence which shall contain the following information: 1. The day of the week and date the plans were received by Consultant from City; 2. The day of the week and date the plan check was completed by Consultant; 3. The day of the week and date the applicant's designee was notified by Consultant the plan check was completed; 4. The number of workdays Consultant took to complete the plan check; and; 5. The list of items needing correction or change to achieve conformance with the regulations under Section 2.13.2. Deliverable No. 3: Consultant staff assigned to City shall provide next-workday inspection of requested inspections that are assigned to Consultant and enter results in the City's permit tracking system the same day of the inspection, and complete all appropriate paperwork associated with the assigned inspections. D. Date for completion of all Required Services: January 31, 2020. Should City and Consultant mutually agree, the term of this agreement may be extended for additional one year terms for a total of three years. If all three one year terms are agreed upon, the date for completion shall be January 31, 2023. E. Materials Required to be Supplied by City to Consultant: 1. Provide those items supplied by the applicant, to allow plan checking to be completed. This may include complete plans, construction specifications, designated contact person, and any items unique to a particular project. 2. Provide Consultant with copies of or refer Consultant to any City ordinances modifying the regulations adopted by the State of California. 3. Provide access to City's office facilities, files and records as City deems applicable to projects assigned to Consultant. 4. Provide, from the applicant, the necessary items to allow building inspection to be completed. This includes complete plans, construction specifications, designated contact person, and any items unique to a particular project. 3. Compensation: A. Form of Compensation M Single Fixed Fee. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: a. Compensation for each plan review under Section 2.13.2 through Section 2.13.6 shall be 70-percent of the Building Division's portion of the City's adopted Plan Check Fee as set forth in the City's Master Fee Schedule and includes the initial check and all re-checks. b. Section 2.13.7 revisions/changes shall be compensated pursuant to (a) above or (d)below in connection with the related plan review. I1 ICity of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 123 C. Compensation for partial plan review; such as structural-only, shall be 45-percent of the Building Division's portion of the City's adopted Plan Check Fee as set forth in the City's Master Fee Schedule and includes the initial check and all re-checks. d. Compensation for each position hired as extension of staff, or the hourly charge for other City requested services not compensated pursuant to (a), (b) or(c) above shall be based on the rate schedule below: Rate Schedule Classification Hourly Rate $/hr) Supervising Structural Engineer 135 CASp Certified Access Examiner 120 LEED Certified Plans Examiner 120 Structural Engineer 120 Civil Engineer 105 Electrical Engineer 105 Mechanical Engineer 105 I.C.C. Plans Examiner 90 Building Inspector 83 Permit/Counter Technician 72 4. Special Provisions: '❑ Permitted Sub-consultants: ❑ Security for Performance: ❑ Other: ® None t City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5126116 2016-11-15 Agenda Packet Page 124 EXHIBIT B INSURANCE REQUIREMENTS CONTRACTORS/SERVICE PROVIDERS 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 ® 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 primacy and must not or Blanket Al Endorsement for exclude Products/Completed 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 1-Any Auto Code 8-Hired Code 9-Non Owned M 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 M Professional Liability $1,000,000 each occurrence (Errors & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 16.1City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26116 2016-11-15 Agenda Packet Page 125 EXHIBIT C CONSULTANT 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 make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 I.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 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, 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. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from 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 *2. APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptio s available at x,x,w.cllulavistctc(i. ot.Ide artntents/city-clerklcon ict-o -irttere.ct-code.) Name Email Address Applicable Designation Enter Name Enter email address ❑ A. Full Disclosure ❑ B. Limited Disclosure (select one or more of the above categories under which the consultant shall file): ❑ 1. ❑ 2. E13. ❑ 4. E15. ❑ 6. E17. Justification: ® C. Excluded from Disclosure Enter Name Enter email address ❑ A. Full Disclosure ❑ B. Limited Disclosure (select one or more of the above categories under which the consultant shall file): El 1. El 2. El 3. El 4. 115. El 6. El 7. Justification: ® C. Excluded from Disclosure Completed by: Enter Name (Add additional pages, as needed) 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. 1 Cal.Gov.Code§§81000 et seq.: FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code§§2.02.010-2.02.040. 3 Cal.Gov. Code§§53234,et seq. t City of Chula Vista Agreement No.: 16090 Consultant Name:EsGil Corporation Rev.5/26/16 2016-11-15 Agenda Packet Page 126 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC. TO PROVIDE PERMIT PROCESSING, BUILDING PLAN CHECK AND BUILDING INSPECTION SEVICES This Agreement is entered into effective as of February l; 2017 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation ("City") and Bureau Veritas North America, Inc., ("Consultant") (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, 1City desires to employ the services of a consultant to provide building permit processing, building plan review and building inspection of permitted building construction projects): and WHEREAS„City advertised for competitive requests for proposals for said services: and WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City's needs; 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.: 16091 Consultant Name:Bureau Veritas North America,Inc. Re..5/26116 2016-11-15 Agenda Packet Page 127 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, City 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 Security for 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 Municipal 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 take appropriate measures necessary to ensure that all 2 City of Chula Vista Aereement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rm 5126/16 2016-11-15 Agenda Packet Page 128 subcontractors and 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 3. 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 Pavment 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 Policy. 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. 2.6 Exclusions. 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 (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. 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 3 Cite of Chula Vista Aareement No.: 16091 Consultant Name:Bureau Veritas North America.Inc. Rev.5126116 2016-11-15 Agenda Packet Page 129 payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 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. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required 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 List 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-consultants/sub-contractors 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. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as 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 Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be "Primary." Consultant's general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance 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 insurer(s) 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 claim 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 4 City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America.Inc. Rev.5/26116 2016-11-15 Agenda Packet Page 130 Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. 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" 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 Oblieations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. 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 Where Agreement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by S City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rev.5/26/16 2016-11-15 Agenda Packet Page 131 California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 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 by 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 City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America.Inc. Re..5126116 2016-11-15 Agenda Packet Page 132 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 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 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 in the 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 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in 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.: 16091 Consultant Name:Bureau Veritas North America,Inc. Re..5/26/16 2016-11-15 Agenda Packet Page 133 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 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 Authoritv. 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 Independent 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 $ City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rev.5126/16 2016-11-15 Agenda Packet Page 134 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 responsible for 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.) A City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. R—5/26/16 2016-11-15 Agenda Packet Page 135 SIGNATURE PAGE CONSL1,TANT SERVICES AGREEMENT IN WITNESS WHEREOF, by executing this Agreement where indicated below, ity 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 fireely entering into this Agreement as of the Effective Date, I Fl(JR.EAU VERITAS NOR.'I"'H AMERICA, CITY01," CHULAVISTA INC. BBy:�7. � %%,, "I ............ ...............--l-...... ISAM "JASENIN MARY 'ASIL,LAS SALAS ClIfEl' OPERA'I"IN OFFICER MAYOR A`FTEST EKY: —..................... ....... ..................... DONNA R. NORRIS, CNIC C11"'YCl: IRK APPROVED ASTO FORM BY: GI I'],N R. GOOGINS CFFY' ATTORNEY 7711'16 -Ne 776-79� onsuham Name Bureau Ventas North Amenca,ffic R�,5,261M -LTI1�11 2016-11-15 Agenda Packet Page 136 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS I. Contact People for Contract Administration and Legal Notice A. City Contract Administration: 1Lou E1-Khazen 276 Fourth Avenue Chula Vista, CA 91910 619-409-1960 lelkhazen@chulavistaca.gov 1 For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@ci.chula-vista.ca.us B. Consultant Contract Administration: BUREAU VERITAS NORTH AMERICA, INC. 110620 Treena Street, Suite 170 San Dieao. CA 92131 858-451-6100 isam.hasenin@us.bureauveritas.com 1 1 For Legal Notice Copy to: Isam Hasenin, COO 10620 Treena Street, Suite 170 San Diego. CA 92131 858-451-6100 isam.hasenin@us.bureauveritas.com 1 2. Required Services A. General Description: (The Consultant shall provide professional building permit processing, building plan check and building inspection of permitted building construction projects as requested by the City per Section B, "Detailed Description". For permit processing and building inspection services, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Plan review services will be provided by Consultant at Consultant's place of business. City reserves the right to also have Consultant provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. 11 1 City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America.Inc. Re.-,;/26/16 2016-11-15 Agenda Packet Page 137 Performance on all work is subject to the satisfaction of the City's Building Official. B. Detailed Description: Permit Processing Services 1. When requested by City, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff with the knowledge, skills and abilities to perform the following functions: Enter permit data into the automated database; research, compile and prepare various limited reports and presentation graphics; assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status: research information for public: accept permit applications and collect permit fees; review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines; review plans for conditions of prior approval; route plans to other city departments for review; approve minor permits; research and respond to public inquiries: build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service; and perform related duties as assigned. Selection of these individuals will be further subject to approval by City. Plan Check Services 2. The Consultant shall perform initial plan review of submitted plans, to include State regulated occupancies such as public schools (per DSA) and clinics (per OSHPD 3), to determine compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code: California Disabled Access Regulations: California Title 25, Mobile Home Parks: State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 3. The Consultant shall provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. 4. The Consultant shall perform all necessary liaison with the applicant's designee, either by telephone, mail or meeting in Consultant's office and all necessary rechecks to achieve conformance to the regulations. 5. The Consultant shall provide recommendations and act as liaison to the Building Official, or his designee, either by mail, telephone or in Consultant's office, to insure compliance with Chula Vista Municipal Code Section 15.06.045, "Alternate Materials, Methods of Design and Methods of Construction", and Section 15.06.060(J), "Modifications.", and to insure compliance with local policy interpretations. 11 City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America.Inc Re,.5/26/16 2016-11-15 Agenda Packet Page 138 6. The Consultant shall attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 7. The Consultant shall perform plan reviews of revisions to plans that have previously been approved for permit issuance; or perform plan reviews of changes to plans prior to such approval. 8. The Consultant shall provide City with monthly plan review status reports for all projects assigned. 9. When requested by City. Consultant shall provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Building Inspection Services 10. When requested by City.. Consultant shall provide City with qualified building inspection individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. 11. Consultant staff assigned to City shall provide next-workday inspections of all requested inspections and re-inspections for compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code: California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25; Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and; locally adopted building ordinances and amendments thereof. 12. Consultant staff assigned to City shall coordinate with the Building Official on all discretionary decisions or requests for alternate materials or types of construction. 13. Consultant staff assigned to City shall coordinate with the Building Official on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Following City's request for plan review; the Consultant shall complete the review within the following turnaround times: Type of Project Turnaround Time Single Family Dwelling/Duplex 5 Working days Apartments/Condominiums 7 Working days Tenant Improvements 5 Working days Commercial/Industrial 10 Working days Rechecks 5 Working days Plan Chane 5 Working days 131 City ofChula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rm 5/26/16 2016-11-15 Agenda Packet Page 139 Deliverable No. 2: No later than 3 workdays after completion of each plan check; Consultant shall submit to City in writing a plan check correspondence which shall contain the following information: 1. The day of the week and date the plans were received by Consultant from City; 2. The day of the week and date the plan check was completed by Consultant; 3. The day of the week and date the applicant's designee was notified by Consultant the plan check was completed: 4. The number of workdays Consultant took to complete the plan check; and; 5. The list of items needing correction or change to achieve conformance with the regulations under Section 2.13.2. Deliverable No. 3: Consultant staff assigned to City shall provide next-workday inspection of requested inspections that are assigned to Consultant and enter results in the City's permit tracking system the same day of the inspection, and complete all appropriate paperwork associated with the assigned inspections. D. Date for completion of all Required Services: January 31. 2020. Should City and Consultant mutually agree, the term of this agreement may be extended for additional one year terms for a total of three years. If all three one year terms are agreed upon, the date for completion shall be January 31, 2023. E. Materials Required to be Supplied by City to Consultant: 1. Provide those items supplied by the applicant, to allow plan checking to be completed. This may include complete plans, construction specifications, designated contact person, and any items unique to a particular project. 2. Provide Consultant with copies of or refer Consultant to any City ordinances modifying the regulations adopted by the State of California. 3. Provide access to City's office facilities, files and records as City deems applicable to projects assigned to Consultant. 4. Provide, from the applicant, the necessary items to allow building inspection to be completed. This includes complete plans, construction specifications, designated contact person, and any items unique to a particular project. 3. Compensation: IA. Form of Compensation ® Single Fixed Fee. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: a. Compensation for each plan review under Section 2.13.2 through Section 2.13.6 shall be: i. R-3 Residential Dwellings/Duplexes; 68-percent of the Building Division's portion of the City's adopted Plan Check Fee as set forth in the City's Master Fee Schedule and includes the initial check and two re-checks. Re-checks over the second re-check will be charged an hourly rate pursuant to (c) below. 14 1 City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Re,.5/26/16 2016-11-15 Agenda Packet Page 140 ii. All other projects; 65-percent of the Building Division's portion of the City's adopted Plan Check Fee as set forth in the City's Master Fee Schedule and includes the initial check and two re-checks. Re-checks over the second re-check will be charged an hourly rate pursuant to (c) below. b. Section 2.B.7 revisions/changes shall be compensated pursuant to (a) above or(c) below in connection with the related plan review. C. Compensation for each position hired as extension of staff. or the hourly charge for other City requested services not compensated pursuant to (a) or (b) above shall be based on the rate schedule below: Rate Schedule Classification Hourly Rate S/h r Supervising Plan Check Engineer 125 Structural Engineer 120 Plan Check Engineer 110 Certified Plans Examiner 85 Fire Plans Examiner 90 CASp Specialist 105 Senior Building Inspector 90 Building Inspector 85 Permit/Counter Technician 65 4. Special Provisions: ❑ Permitted Sub-consultants: ❑ Security for Performance: ❑ Other: ® None IS City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rt 5/26116 2016-11-15 Agenda Packet Page 141 EXHIBIT B INSURANCE REQUIREMENTS CONTRACTORS/SERVICE PROVIDERS 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 N 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 Products/Completed City* Operations Waiver of Recovery Endorsement N Automobile Liability $1,000,000 per accident for bodily Insurance Services Office Form injury, including death, and CA 00 01 property damage Code 1-Any Auto Code 8-Hired Code 9-Non Owned N 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 N Professional Liability $1,000,000 each occurrence (Errors & Omissions) $2,000,000 aggregate Other Negotiated Insurance Terms:.NONEI, IG City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rm;/26/16 2016-11-15 Agenda Packet Page 142 EXHIBIT C CONSULTANT 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 make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed. a Form 700 is a public document. accessible to any member of the public. In addition. consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 I.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 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, 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. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as fidl disclosure, limited disclosure, or excluded from 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 *2. APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptio s available at www.chulavistaca. ov/de artments/ci -clerk/con ict-o -interest-code.) Name Email Address Applicable Designation Enter Name Enter email address ❑ A. Full Disclosure ❑ B. Limited Disclosure (select one or more of the above categories under which the consultant shall file): Ell. ❑ 2. E13. ❑ 4. ❑ 5. E16. ❑ 7. Justification: ® C. Excluded from Disclosure Enter Name Enter email address ❑ A. Full Disclosure ❑ B. Limited Disclosure (select one or more of the above categories under which the consultant shall file): ❑ 1. ❑ 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. ❑ 7. Justification: ® C. Excluded from Disclosure Completed by: Enter Name (Add additional pages, as needed.) 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. I Cal.Gov.Code§§81000 et seq.: FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code§§2.02.010-2.02.040. 3 Cal.Gov.Code§§53234,et seg. 1City of Chula Vista Agreement No.: 16091 Consultant Name:Bureau Veritas North America,Inc. Rev.5/26/16 2016-11-15 Agenda Packet Page 143 CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH CSG CONSULTANTS, INC. TO PROVIDE PERMIT PROCESSING, BUILDING PLAN CHECK AND BUILDING INSPECTION SEVICES This Agreement is entered into effective as of February 1, 2017 ("Effective Date") by and between the City of Chula Vista, a chartered municipal corporation ("City") and CSG Consultants, Inc., ("Consultant") (collectively, the "Parties" and, individually, a "Party") with reference to the following facts: RECITALS WHEREAS, ;City desires to employ the services of a consultant to provide building permit processing, building plan review and building inspection of permitted building construction projects,!; and WHEREAS, City advertised for competitive requests for proposals for said services; and WHEREAS, after reviewing submitted proposals and conducting interviews, Consultant was chosen as one of three of the most qualified to provide said services; and WHEREAS, at its sole discretion, City reserves the right to use or not use Consultant for said services based on City's needs; 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.: 16092 Consultant Name:CSG Consultants,Inc. Rev.5/26/16 2016-11-15 Agenda Packet Page 144 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, City 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 Security for 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 Municipal 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 take appropriate measures necessary to ensure that all 2 City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants,Inc. Rev.5/26/16 2016-11-15 Agenda Packet Page 145 subcontractors and 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 3. 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 Policy. 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. 2.6 Exclusions. 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 (b) arising out of or related to the errors, omissions, negligence or acts of willful misconduct of Consultant, its agents, employees, or subcontractors. 2.7 Payment Not Final Approval. 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 3 City of Chula Vista Aereement No.: 16092 Consultant Name:CSG Consultants,Inc. Rm 5/26/16 2016-11-15 Agenda Packet Page 146 payment under this Agreement, nor does it constitute a waiver of any violation by Consultant of the terms of 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. 3. INSURANCE 3.1 Required Insurance. Consultant must procure and maintain, during the period of performance of Required 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 List 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-consultants/sub-contractors 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. 3.5 Additional Insureds. City, its officers, officials, employees, agents, and volunteers must be named as 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 Risk Manager.. The general liability additional insured coverage must be provided in the form of an endorsement to the Consultant's insurance using ISO CG 2010 (11/85) or its equivalent; such endorsement must not exclude Products/Completed Operations coverage. 3.6 General Liability Coverage to be "Primary." Consultant's general liability coverage must be primary insurance as it pertains to the City, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers is wholly separate from the insurance 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 insurer(s) 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 claim 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 Z City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants,Inc. Rm 5/26116 2016-11-15 Agenda Packet Page 147 Consultant has obtained the Required Insurance in compliance with the terms of this Agreement. 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" 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 Oblityations. Insurance provisions under this section shall not be construed to limit the Consultant's obligations under this Agreement, including Indemnity. 3.12 Additional Coverage. 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. a 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 Where Ag reement Involves Design Professional Services. Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by S City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants.Inc. Rm 5126/16 2016-11-15 Agenda Packet Page 148 California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 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 by 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 City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants.Inc. Rm 5/26/16 2016-11-15 Agenda Packet Page 149 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 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 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 in the 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 Governing Law/Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in 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. T City of Chula Vista Aereement No.: 16092 Consultant Name:CSG Consultants,Inc. Rm 5/26/16 2016-11-15 Agenda Packet Page 150 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 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 Authority. 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 Independent 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 g City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants.Inc. Rev.5/26716 2016-11-15 Agenda Packet Page 151 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 responsible for 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.) a 9: City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants.Inc. ae..5/26/16 2016-11-15 Agenda Packet Page 152 SIGNAl'URE PAGE ("'ONSUL'I"ANTSERVICES AGREEMEN'r 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. CSG CONS U UTANTS, INC. CITYOF CHULA VIS'I'*A BY: . BY .................................................................. K140A DUONG MARY CIASI LL,AS SALAS VICE PRESIDENT MAYOR, ATTEST BY: DONNA R.. NORRIS, (,"MC CITY CLERK APPROVED AS TO FORM BY: GLEN R. GOOGINS CITY ATTORNEY to City of Chula Visaa Agrcenient Mm r 60r 92 C'mmiltant Nanw CSG Consuhants,Inc. Rm 5(26 i6 2016-11-15 Agenda Packet Page 153 EXHIBIT A SCOPE OF WORK AND PAYMENT TERMS 1. Contact People for Contract Administration and Legal Notice A. City Contract Administration: Lou El-Khazen 276 Fourth Avenue Chula Vista, CA 91910 619-409-1960 lelkhazen@chulavistaca.gov For Legal Notice Copy to: City of Chula Vista City Attorney 276 Fourth Avenue, Chula Vista, CA 91910 619-691-5037 CityAttomey@ci.chula-vista.ca.us B. Consultant Contract Administration: CSG CONSULTANTS, INC. 3707 West Garden Grove Blvd., #100 Orange, CA 92868 714-568-1010 khoa@csgengr.com For Legal Notice Copy to: Khoa Duong, Vice President 3707 West Garden Grove Blvd., #100 Orange, CA 92868 714-568-1010 khoa@csgengr.com 2. Required Services A. General Description: The Consultant shall provide professional building permit processing, building plan check and building inspection of permitted building construction projects as requested by the City per Section B, "Detailed Description". For permit processing and building inspection services, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Plan review services will be provided by Consultant at Consultant's place of business. City reserves the right to also have Consultant provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. 1 A City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants,Inc. Rev.5/26/16 2016-11-15 Agenda Packet Page 154 Performance on all work is subject to the satisfaction of the City's Building Official. B. Detailed Description: Permit Processinjz Services 1. When requested by City, Consultant shall provide City with qualified individuals to be located at City facilities and perform as an extension of staff with the knowledge, skills and abilities to perform the following functions: Enter permit data into the automated database; research, compile and prepare various limited reports and presentation graphics; assist the general public at the front counter or by phone regarding building, planning and engineering permit requirements, plan check fees, plan check filing procedures and processing, and permit status; research information for public; accept permit applications and collect permit fees; review and evaluate plans for completeness and for conformance with ordinances and department standards, policies and guidelines; review plans for conditions of prior approval; route plans to other city departments for review; approve minor permits; research and respond to public inquiries; build and maintain positive working relationships with co-workers, City employees and the public using principles of good customer service; and perform related duties as assigned. Selection of these individuals will be further subject to approval by City. Plan Check Services 2. The Consultant shall perform initial plan review of submitted plans, to include State regulated occupancies such as public schools (per DSA) and clinics (per OSHPD 3), to determine compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 3. The Consultant shall provide the applicant's designee and the City, a typed list of items needing clarification or change to achieve conformance with the above regulations. 4. The Consultant shall perform all necessary liaison with the applicant's designee, either by telephone, mail or meeting in Consultant's office and all necessary rechecks to achieve conformance to the regulations. 5. The Consultant shall provide recommendations and act as liaison to the Building Official, or his designee, either by mail, telephone or in Consultant's office, to insure compliance with Chula Vista Municipal Code Section 15.06.045, "Alternate Materials, Methods of Design and Methods of Construction", and Section 15.06.060(J), "Modifications.", and to insure compliance with local policy interpretations. 12 City of Chula Vista Agrecment No.: 16092 Consultant Name:CSG Consultants,Inc. Rm 5/26/16 2016-11-15 Agenda Packet Page 155 6. The Consultant shall attend meetings related to proposed building projects at the request of the Building Official at locations other than Consultant's office. 7. The Consultant shall perform plan reviews of revisions to plans that have previously been approved for permit issuance, or perform plan reviews of changes to plans prior to such approval. 8. The Consultant shall provide City with monthly plan review status reports for all projects assigned. 9. When requested by City, Consultant shall provide City with qualified plan review individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. Building Inspection Services 10. When requested by City, Consultant shall provide City with qualified building inspection individuals to be located at City facilities and perform as an extension of staff. Selection of these individuals will be further subject to approval by City. 11. Consultant staff assigned to City shall provide next-workday inspections of all requested inspections and re-inspections for compliance with City and State codes and regulations: California Building Code; California Residential Code; California Plumbing Code; California Mechanical Code; California Electrical Code; California Fire Code; California Energy Code; California Green Building Standards Code; California Disabled Access Regulations; California Title 25, Mobile Home Parks; State Water Resource Control Board regulations related to storm water pollution prevention; Sound Transmission Control; and, locally adopted building ordinances and amendments thereof. 12. Consultant staff assigned to City shall coordinate with the Building Official on all discretionary decisions or requests for alternate materials or types of construction. 13. Consultant staff assigned to City shall coordinate with the Building Official on all Certificate of Occupancy to be sure that all applicable City regulatory agencies have approved the project. C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. 1: Following City's request for plan review, the Consultant shall complete the review within the following turnaround times: Type of Project Turnaround Time Single Family Dwelling/Duplex 10 Working days Apartments/Condominiums 7 Working days Tenant Improvements 7 Working days Commercial/Industrial 10 Working days Rechecks 5 Working days Plan Chane 5 Wor ng days 13 City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants,Inc. Rm 5n6/16 2016-11-15 Agenda Packet Page 156 Deliverable No. 2: No later than 3 workdays after completion of each plan check, Consultant shall submit to City in writing a plan check correspondence which shall contain the following information: 1. The day of the week and date the plans were received by Consultant from City; 2. The day of the week and date the plan check was completed by Consultant; 3. The day of the week and date the applicant's designee was notified by Consultant the plan check was completed; 4. The number of workdays Consultant took to complete the plan check; and, 5. The list of items needing correction or change to achieve conformance with the regulations under Section 2.B.2. Deliverable No. 3: Consultant staff assigned to City shall provide next-workday inspection of requested inspections that are assigned to Consultant and enter results in the City's permit tracking system the same day of the inspection, and complete all appropriate paperwork associated with the assigned inspections. D. Date for completion of all Required Services: January 31, 2020. Should City and Consultant mutually agree, the term of this agreement may be extended for additional one year terms for a total of three years. If all three one year terms are agreed upon, the date for completion shall be January 31, 2023. E. Materials Required to be Supplied by City to Consultant: 1. Provide those items supplied by the applicant, to allow plan checking to be completed. This may include complete plans, construction specifications, designated contact person, and any items unique to a particular project. 2. Provide Consultant with copies of or refer Consultant to any City ordinances modifying the regulations adopted by the State of California. 3. Provide access to City's office facilities, files and records as City deems applicable to projects assigned to Consultant. 4. Provide, from the applicant, the necessary items to allow building inspection to be completed. This includes complete plans, construction specifications, designated contact person, and any items unique to a particular project. 3. Compensation: A. Form of Compensation ® Single Fixed Fee. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: a. Compensation for each plan review under Section 2.B.2 through Section 2.B.6 shall be as follows: Review T "e/Role : Gom` ensation* Full Plan Review 75% of City's Building Plan Check Fees Plumbing, Mechanical and Electrical Plan 35% of City's Building Plan Check Fees Review 75% of City's P/M/E Plan Check Fees Structural Plan Review 35% of City's Building Plan Check Fees 14 City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants,Inc. Rev.5126/16 i2016-11-15 Agenda Packet Page 157 Repetitive Buildings Plan Review I 10% of City's Building Plan Check Fees * Building Division's portion of the City's adopted Plan Check Fee as set forth in the City's Master Fee Schedule and includes the initial check and all re-checks. b. Section 23.7 revisions/changes shall be compensated pursuant to (a) above or (c) below in connection with the related plan review. C. Compensation for each position hired as extension of staff, or the hourly charge for other City requested services not compensated pursuant to (a) or (b) above shall be based on the rate schedule below: Rate Schedule Classification Hourly Rate ($/hr) Certified Plan Review/Building and Fire 80 Life Safety Review Structural Plan Review/Structural 100 Engineer Structural Plan Review/Professional 90 Engineer Engineer Revision to Approved Plans 110 CASp Consultation 110 CASp Inspection 110* Certified Commercial Building Inspector 85* Certified Combo Building Inspector 75* Permit Technician 55 Overtime 1.5 x hourly Rate * Add S5/hr for the cost of mileage reimbursement if Consultant provides transportation. 4. Special Provisions: i❑ Permitted Sub-consultants: ❑ Security for Performance: ❑ Other: ® None tS City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants.Inc. Re,-.5/26/16 2016-11-15 Agenda Packet Page 158 EXHIBIT B INSURANCE REQUIREMENTS CONTRACTORS/SERVICE PROVIDERS 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 © 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 Products/Completed 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 1-Any Auto Code 8-H1red 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 ® Professional Liability $1,000,000 each occurrence (Errors & Omissions $2,000,000 aggregate Other Negotiated Insurance Terms: NONE 16 1 City of Chula Vista Aereement No.: 16092 Consultant Name:CSG Consultants,Inc. Rm 5/26/16 2016-11-15 Agenda Packet Page 159 EXHIBIT C CONSULTANT 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 make certain public disclosures using a Statement of Economic Interests form (Form 700). Once filed, a Form 700 is a public document, accessible to any member of the public. In addition, consultants designated to file the Form 700 are also required to comply with certain ethics training requirements.3 1.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 18700.3, must file a Form 700. 2.Required Filing Deadlines Each initial Form 700 required under this Agreement shall be filed with the Office of the City Clerk via the City's online filing system, NetFile, 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. 3. Filing Designation The City Department Director will designate each individual who will be providing services to the City pursuant to the Agreement as full disclosure, limited disclosure, or excluded from 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 *2. APPLICABLE DESIGNATIONS FOR INDIVIDUAL(S) ASSIGNED TO PROVIDE SERVICES (Category descriptio s available at www.chitlavistaca.aov/de artmentslci -clerklcon ict-o -interest-code) Name Email Address Applicable Designation Enter Name Enter email address ❑ A. Full Disclosure ❑ B. Limited Disclosure (select one or more of the above categories tinder which the consultant shall file): ❑ 1. ❑ 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. ❑ 7. Justification: ® C. Excluded from Disclosure Enter Name Enter email address ❑ A. Full Disclosure ❑ B. Limited Disclosure (select one or more of the above categories tinder which the consultant shall file): ❑ 1. ❑ 2. ❑ 3. ❑ 4. ❑ 5. ❑ 6. ❑ 7. Justification: M C. Excluded from Disclosure Completed by: Enter Name (Add additional pages, as needed.) 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. 1 Cal.Gov. Code §§81000 etseq.; FPPC Regs. 18700.3 and 18704. 2 Chula Vista Municipal Code §§2.02.010-2.02.040. 3 Cal.Gov. Code§§53234,et seg. 1T City of Chula Vista Agreement No.: 16092 Consultant Name:CSG Consultants,Inc. ae..5n6n6 2016-11-15 Agenda Packet Page 160 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0502, Item#: 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE QUALIFICATIONS TO SERVE ON, AND THE APPOINTMENT PROCESS FOR, THE SOUTH BAY WILDLIFE ADVISORY GROUP FOR CITY OF CHULA VISTA REPRESENTATIVES RECOMMENDED ACTION Council adopt the resolution. SUMMARY The City currently has three out of four vacancies on the South Bay Wildlife Advisory Group (WAG). It is staff's recommendation to reaffirm the appointment criteria originally adopted in 2010 and to establish the appointment process for appointments to the WAG in order to open the application period and begin to fill these vacancies. 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 Determination The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines. Therefore, pursuant to Section 15060(c) (3) of the State CEQA Guidelines the activity is not subject to CEQA and no environmental review is required. BOARD/COM MISSION RECOMMENDATION Not Applicable. DISCUSSION The City of Chula Vista (City) entered into a Settlement Agreement (agreement) with the Bayfront Coalition (composed of the Environmental Health Coalition, San Diego Audubon Society, San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands Interpretative Association, Surfrider Foundation - San Diego Chapter, and Empower San Diego) and the San Diego Unified Port District (Port District) on May 4, 2010 related to development of the Chula Vista Bayfront. The agreement required creation of the South Bay Wildlife Advisory Group (WAG) to advise the City and Port District on the development of the Natural Resource Management Plan (NRMP) to ensure protection of wildlife and natural resources. City of Chula Vista Page 1 of 3 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 161 File#: 16-0502, Item#: 5. The agreement designated four positions on the WAG to represent the City: One representative from the City's Resource Conservation Commission and three residents selected by the City from Western and Eastern Chula Vista (one from Northwest, one from Southwest, and one from east of the 1-805). On November 1, 2010, the City Council adopted the following appointment criteria: AREA REPRESENTATION 1. The Resource Conservation Commission Representative shall be nominated by the Resource Conservation Commission with the appointment ratified by the City Council; 2. The Northwest Chula Vista Representative shall be a resident of the area north of L Street and west of La Media/Otay Lakes Road appointed by the City Council; 3. The Southwest Chula Vista Representative shall be a resident of the area south of L Street and west of La Media Road/Otay Lakes Road appointed by the City Council; 4. The East of 1-805 Representative shall be a resident of the area east of La Media/Otay Lakes Road appointed by Council. QUALIFICATIONS Applicants must submit resumes demonstrating involvement in one or more of the following areas: 1. Wildlife-related issues such as habitat restoration or wildlife management. 2. Ecology, biology, chemistry, water quality or watershed protection. 3. Ecosystem management and restoration. 4. Nature-based or environmental education and similar fields. 5. Wildlife rehabilitation and/or predator management. APPOINTMENT PROCESS There were no procedures developed at that time to fill future vacancies. It is recommended that the City Manager or his or her designee provide the City Clerk notice and, if available, a letter of resignation from the resigning member whenever a vacancy occurs. Chula Vista Municipal Code Section 2.25.050 provides a nomination/appointment process for certain City Boards and Commissions that is also appropriate and recommended for appointments made by the City Council to the WAG, as follows: 1. The City Clerk shall maintain applications for prospective membership on the WAG. The application shall provide a place for an individual to state the reasons he or she seeks appointment to the WAG and his or her qualifications for service on the WAG. 2. When a vacancy occurs on the WAG, the City Manager or his or her designee shall inform the City Clerk of the vacancy, and the City Clerk shall post the vacancy on the City's website for a minimum of City of Chula Vista Page 2 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�62 File#: 16-0502, Item#: 5. 10 working days. Immediately following the 10-day period, the City Clerk shall forward applications and resumes received for the vacant position(s) to the Mayor, who shall review the forwarded applications, select applicants to be interviewed, interview selected applicants, and make nomination (s) for appointment, subject to the City Council's approval. 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 Councilmembers to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d) (1). Consequently, this item does not present a 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 Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Appointment of community members to represent the City's interests supports a Connected Community as it allows community members with specific interest and experience to be involved in important decisions that affect the City and its residents. CURRENT YEAR FISCAL IMPACT The proposed action does not have a fiscal impact on the City. ONGOING FISCAL IMPACT The proposed action does not have a fiscal impact on the City. ATTACHMENTS None Staff Contact: Kerry Bigelow City of Chula Vista Page 3 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�63 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE QUALIFICATIONS TO SERVE ON, AND THE APPOINTMENT PROCESS FOR, THE SOUTH BAY WILDLIFE ADVISORY GROUP FOR CITY OF CHULA VISTA REPRESENTATIVES WHEREAS, the City of Chula Vista (City) entered into a Settlement Agreement (agreement) with the Bayfront Coalition (composed of the Environmental Health Coalition, San Diego Audubon Society, San Diego Coastkeeper, Coastal Environmental Rights Foundation, Southwest Wetlands Interpretative Association, Surfrider Foundation - San Diego Chapter, and Empower San Diego) and the San Diego Unified Port District (Port District) on May 4, 2010 related to development of the Chula Vista Bayfront. The agreement required creation of the South Bay Wildlife Advisory Group (WAG) to advise the City and Port District on the development of the Natural Resource Management Plan (NRMP)to ensure protection of wildlife and natural resources; and WHEREAS, the agreement designated four positions on the WAG to represent the City of Chula Vista: One representative from the City's Resource Conservation Commission and three residents selected by the City from Western and Eastern Chula Vista (one from Northwest, one from Southwest, and one from east of the I-805); and WHEREAS, on November 1, 2010 the City Council adopted appointment criteria for the WAG; and WHEREAS, Chula Vista Municipal Code Section 2.25.050 provides a nomination/appointment process for certain City Boards and Commissions that is also appropriate for appointments made by the City Council to the WAG. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it hereby reaffirms its approval of the following criteria to appoint members to the WAG as adopted November 1, 2010:. AREA REPRESENTATION 1. The Resource Conservation Commission Representative shall be nominated by the Resource Conservation Commission with the appointment ratified by the City Council; 2. The Northwest Chula Vista Representative shall be a resident of the area north of L Street and west of La Media/Otay Lakes Road appointed by the City Council; 3. The Southwest Chula Vista Representative shall be a resident of the area south of L Street and west of La Media Road/Otay Lakes Road appointed by the City Council; 4. The East of I-805 Representative shall be a resident of the area east of La Media/Otay Lakes Road appointed by Council. 2016-11-15 Agenda Packet Page 164 QUALIFICATIONS Applicants must submit resumes demonstrating involvement in one or more of the following areas: 1. Wildlife-related issues such as habitat restoration or wildlife management. 2. Ecology, biology, chemistry, water quality or watershed protection. 3. Ecosystem management and restoration. 4. Nature-based or environmental education and similar fields. 5. Wildlife rehabilitation and/or predator management. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it hereby approves the following appointment process for appointments to the WAG: 1. The City Clerk shall maintain applications for prospective membership on the WAG. The application shall provide a place for an individual to state the reasons he or she seeks appointment to the WAG and his or her qualifications for service on the WAG. 2. When a vacancy occurs on the WAG, the City Manager or his or her designee shall inform the City Clerk of the vacancy, and the City Clerk shall post the vacancy on the City's website for a minimum of 1.0 working days. Immediately following the 10-day period, the City Clerk shall forward applications and resumes received for the vacant position(s) to the Mayor, who shall review the forwarded applications, select applicants to be interviewed, interview selected applicants, and make nomination(s) for appointment, subject to the City Council's approval. Presented by: Approved as to form by: Donna R. Norris Glen R. Googins City Clerk City Attorney 2016-11-15 Agenda Packet Page 165 City of Chula Vista W-�� cITY OF AV Staff Report File#: 16-0525, Item#: 6. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 2.25, 2.33, AND 2.53 TO REVISE THE QUALIFICATION REQUIREMENTS AND APPOINTMENT PROCESS APPLICABLE TO THE CITY'S CULTURAL ARTS COMMISSION (FIRST READING) RECOMMENDED ACTION Council place the ordinance on first reading. SUMMARY On September 13, 2016, the City Council unanimously approved the Chula Vista Cultural Arts Master Plan (Master Plan). Master Plan Goal 2, Strategy 4 (A) and (C) calls for the establishment of a qualified Cultural Arts Commission to be appointed in accordance with the provisions of Chula Vista Municipal Code ("CVMC") section 2.25.050 (E) and (H). 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 Determination 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 review is required. BOARD/COMMISSION RECOMMENDATION That the City Council adopt the Ordinance. DISCUSSION In 1990, the City Council seated the Cultural Arts Commission (Commission) to serve as a resource to advise and make recommendations on cultural arts citywide. The role of the Commission was to identify cultural arts needs and issues affecting the citizens of the City. A Commission that is comprised of citizens with specific experience and education in the arts and personal understanding of the issues and needs of the creative industry, or "Qualified Commission," would further this purpose. A qualified Commission would provide further credibility to Chula Vista's developing creative industry and would strengthen Chula Vista's role in the arts locally, regionally, nationally and City of Chula Vista Page 1 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�66 File#: 16-0525, Item#: 6. internationally. Establishing qualification criteria for Commission appointments is an important first step in the implementation of the Cultural Arts Master Plan and further validates Chula Vista's commitment to strengthen Chula Vista's creative economy and Chula Vista as a cultural arts destination. Proposed Amendments There is great economic value in building upon and expanding cultural arts in Chula Vista. Chula Vista currently has a nine (9) member Commission with the purview to advise and make recommendations to the City Council and the City Manager on cultural arts issues affecting the citizens of the City. Each of the existing Commissioner's are dedicated individuals that have a passion for the arts, several of which are artists themselves. The proposed amendments would help to ensure that as the strategies and initiatives of the Master Plan are implemented and, as Commission vacancies arise, that new appointees would have the qualifications necessary for Chula Vista to remain responsive to the dynamic nature of the creative industry. For this reason, and to ensure that the various disciplines of cultural arts are represented on the Commission, it is proposed that a minimum of six (6) members be appointed from among professionals in the disciplines of arts and culture, including but not limited to the performing arts, fine arts, culinary arts, media arts or related art. Table 1 summarizes the proposed municipal code amendments that would be required to implement the composition and appointment process, and to delete out of date references and information. -- Please see Summary of Proposed Municipal Code Revisions beginning on the next page -- City of Chula Vista Page 2 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�67 File#: 16-0525, Item#: 6. Table 1 - Summary of Proposed Municipal Code Revisions CWC Code Sections, Proposed Amilendmilent(s,) 2.33.030 Functions and duties, Repl,ace and dellete out of date references, and information. G. Promote the creation of a. cultural Ca Replace mcom e with econom ic environment to attract visitors and incomes developrlent to align with the recently adopted Cultural Arts Master Plan Promote the creation of a cultural environmient, to attract visitors and ecorionilic dev�.---lopiment- H. Advise the Redevelopment Agency H. Delete Out, of elate reference in its regarding the expenditure of fine arts in- entirety lieu fees. 494-444&�-- 1. Make recommendations to the I. Delete out, of clate reference in its Redevelopment Agency on fine arts s features with redevelopment clistnicts. entirety t&94146�111 - 11�111 11�- " 2.33.040 Mlemibers,hip Add appointm ilent. provision and professional composition The Cultural Arts Commission shall consist, requirements. of nine voting members, to be appointed in The Cultural Arts Commission shall consist, accordance with Article V1 of the City of nine voting members that represerit a Charter, and Chapter25 CVMC. dil��ersilty Of back.gl-OlLlrids, to be appointed in accorclance with Article V1 of the City Charter., and C\/MC 2.25 ID51D (E and H' FILlill-iier, all nine �9) in-leinibers sl-l-'311 de1110l-lStl'@te, C011111Ipeterice, Ikriowledge and experience In Ulltl-irefl arts, and a rn'll"JIMI-111M of six (6) nienibers shall be a 1p 1p o 11 nt e d f n'.-uini ainiorig aftists, edUcators, and those ^wiitlii professioriall qLN-31ifications and experience iri discipliries of arts and CUltUre, 11-11clUdil"119 tl-ie 12erformiing alts, firie arts, CUliriary arts, media ails or related arts discipllMDS. City of Chula Vista Page 3 of 6 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 168 File#: 16-0525, Item#: 6. CWC Code Sections, Proposed Arnendrnient(s) 2. 3.05a Meeting sch,edulle Rernove out, of date information and Replace with reference to City Charter and Municipal Code provisions for The Commission shall hold regular Commiission mleetings. meetings on the second Monday of every January, March, May, July, September, As reqUired by thie City Charter the and November at. 5:45, pi-mi- in the Civic Commission shall hold regular meetings Center library, 365 F Street.. The and shall establishi the day, tinie and Commission may change its regular I o c at i o,ni for its regular meeting in meeting clay, time or location by written accordance with CVIVIC 2 25 200. resolution in accordance with CVIVIC 2 25.2.00. (Orcl. 32,11 7, 2011,¢ Ord. 2.403 § 1, 19,90-1 Ord. 2.362. 1, 19,90). 2.25.050 Membership— Applications — Add CuUura� its Corprmssfon to Intervilew, nomination and appointmilent 2-25-05,04 (C), and (E). prociess,. C. 'When avacancy occurs on a board or, commission,the City Clerk shall forward applications received for the vacant. position to the Mayor, who shall review the forwarded applications, select.applicants to be interviewed, intewiew selected applicants, and make nominations for ap plo i ntmie nt, s u bje ct to the City Council's approval„ f o r all boards an cl co mmii s si on s except for the Board of Ethics,Civil Service Commission, CLlltl.,ir-,A Arts Coniniissicn, Growth Management Oversight. Commission, M,qb.jj,ph,qM,@,Rent. Review Commission, Planning Commission, and Parks and Recreation Commission. E. Vacancies on the CUltUral Arts Coniniission. Growth Management Oversight. Commission, Planning Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council directly shall be appointed in accordance with Chapter 2...53 CVMC City of Chula Vista Page 4 of 6 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 169 File#: 16-0525, Item#: 6. CVMC Code Sections Proposed Amilendmient(s,) 2.53.030 Definitions Add "u Lural Arts Cornems-svon as a. "Specified City Commission" D_ "Splecified City commissions"means those City commissions specified in GVMC 2 25 050(E) as fOIIOWS: CUItUralArts Conimission, Growth Management Oversight.Commission, Planning Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council directly. I I I CONCLUSION Taken together, the proposed amendments would be an invaluable tool in assisting the City in meeting the goals and objectives of the Master Plan. Therefore, staff recommends the City Council adopt the proposed ordinance amendments. DECISION-MAKER CONFLICT Staff has reviewed the decision contemplated by this action and has determined that it is not site- specific and consequently, the 500-foot rule found in California Code of Regulations Title 2, section 18702.2(x)(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 Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed amendments would support several of the Strategic Plan Goals, including; Strategy 2.2; to promote an environment for residents and businesses to prosper, Goal 5, Strategy 5; to encourage residents to engage in civic activities, and Strategy 5.2; to provide opportunities that enrich the community's quality of life by ensuring that the Cultural Arts Commission is qualified to assist the City in transforming cultural arts into a sustainable industry and a catalyst to making Chula Vista a cultural arts destination. In addition, the proposed amendments meet Chula Vista Cultural Arts Master Plan Goal 2, Strategy 4 (A) and (C). CURRENT YEAR FISCAL IMPACT There are no current year costs associated with the proposed amendments as the proposed qualification criteria would be implemented upon Commission vacancies, ONGOING FISCAL IMPACT No ongoing direct fiscal impacts are anticipated as part of the proposed amendments. City of Chula Vista Page 5 of 6 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 170 File#: 16-0525, Item#: 6. ATTACHMENTS 1. Proposed Amended CVMC Chapter 2.33 with strikeout underline text 2. Proposed Amended CVMC Section 2.25.050 to add Cultural Arts Commission 3. Proposed Amended CVMC Section 2.53.030 to add Cultural Arts Commission Staff Contact: Lynnette Tessitore; Cultural Arts Manager City of Chula Vista Page 6 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�71 2.33.030 Functions and duties The functions and duties of the Cultural Arts Commission shall be as follows: A. Encourage the preservation of Chula Vista's cultural heritage and the creation of an atmosphere–a Chula Vista image–in which our citizens could take pride and have increased stature. B. Help coordinate and marshal support for the arts. C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction. D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art,procedures for review plans, and guidelines to carry out a City arts program. E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts. F. Encourage the development of arts and cultural programs for the youth of Chula Vista. G. Promote the creation of a cultural environment to attract visitors and ifle� economic development. l4......Ad-vi-se-the e...of fin-e arts-in-44e+i fees, €lay �-tl - •y-o��-- ., . The Commission,by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals. (Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990). 2.33.040 Membership The Cultural Arts Commission shall consist of nine voting members, that represent a diversity of backgrounds, to be appointed in accordance with Article VI of the City Charter and CVMC 2.25.050 (E. and. H.). Further, all nine (9) members shall demonstrate, competence, knowledge and experience in cultural arts; and a minimum of six (6) members shall be appointed from among artists, educators, and those with professional qualifications and experience in the disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines. (Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990). 2016-11-15 Agenda Packet Page 172 2.33.050 Meeting schedule As required by the City Charter, Tthe Commission shall hold regular meetings on the-, - nd- h i.bg, of„>.,f „r a-„ rffv,,,f,,.,: I��Sf,�.,7 l4 1,: e 1- eml, �4 <.• < e� y. crrxcrsr�cr cv���rcerccrec c cr�cr�.s r Y rix 1 1 t urrccreF al.4., P.M.in in r'+e Geirte _aryq 3 5-"neeI-. and shall establish the day, time and location for its regular meeting in accordance with C�JI�IC 2.25.200. '� ,,,,', ;�11; ,, -, f„> ,,,w�, b4� .,,Yz,7f„-v,�� ,4�,��, ,af,,, x c',e rcrrcrrrscvr�fnay `el ange 4.'sce�crrar fneetin� II.ay, r...laea . ritte� s��lutioI l ....accordane,e. h (Ord. 3211 § 7, 2011; Ord. 2403 § 1, 1990; Ord. 2362 § 1, 1990). 2016-11-15 Agenda Packet Page 173 2.25.050 Membership —Applications—Interview, nomination and appointment process. A. The City Clerk shall maintain applications for prospective membership on boards and commissions. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular board or commission and his or her qualifications for service on a particular board or commission. B. An individual who has submitted an application for appointment as a voting or ex officio member of any board or commission may be interviewed as part of the nomination and selection process. C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications received for the vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed, interview selected applicants, and make nominations for appointment, subject to the City Council's approval, for all boards and commissions except for the Board of Ethics, Civil Service Commission, Cultural Arts Commission, Growth Management Oversight Commission, Mobilehome Rent Review Commission,Planning Commission, and Parks and Recreation Commission. D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two city managers rotated from cities in San Diego County, excluding Chula Vista. The panel shall review the applications, interview applicants, and recommend one applicant for each available seat to the City Council for appointment. E. Vacancies on the Cultural Arts Commission, Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council directly shall be appointed in accordance with Chapter 2.53 CVMC. F. The nomination and appointment process for the Civil Service Commission shall be conducted in accordance with Charter Section 609 and CVMC 2.43.050. G. The nomination and appointment process for the Mobilehome Rent Review Commission. shall be conducted in accordance with Chapter 2.31 CVMC and this subsection. 1. The Mayor shall review applications for all ex officio members and one voting member, select applicants to be interviewed for those positions, interview selected applicants, make nominations for appointment subject to the City Council's approval, and schedule a vote on the nominations on the next available Council meeting's agenda. 2. The four remaining voting positions are tied to a particular Council seat. When a vacancy occurs in one of the four positions, the City Clerk shall forward applications to the Councilmember filling the corresponding Council seat. The Councilmember shall review the applications, select applicants to be interviewed, and interview selected applicants. The Councilmember shall then nominate an applicant for appointment to the available position and request that the nomination be scheduled for vote on the next available Council meeting's agenda. H. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. (Ord. 3370 § 2, 2016; Ord. 3253 § 1, 2013; Ord. 3213 § 1, 2011; Ord. 31.1.1 § 1, 2008). 2016-11-15 Agenda Packet Page 174 2016-11-15 Agenda Packet Page 175 2.53.030 Definitions. A. "Application period" means the time frame during which applications are accepted for a particular vacancy (defined below). The application period for City Council vacancies is defined in CVMC 2.53.040(C). The application period for specified City commission vacancies is defined in CVMC 2.53.050(B). Once established, the application period will be posted on the City's website. B. "Interview" means the process at a public meeting by which applicants are given an opportunity to present themselves to the City Council, and the City Council questions and evaluates the applicants. Should an applicant be unable to attend the scheduled interview, the Council may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting. C. "Qualified application" means an application received within the application period with all of the required components. The application form shall be available through the City Clerk's office and will specify the required components for an application to be deemed a qualified application. D. "Specified City commissions" means those City commissions specified in CVMC 2.25.050(E) as follows:.......C aula KaJ........_ Its........_ oD p]i_s x_o..p,, Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council directly. E. Vacancy (or Vacancies). For specified City commission seats, "vacancy" is defined in accordance with CVMC 2.25.020(J). For City Council seats, "vacancy" is defined in accordance with Charter Section 303(A). (Ord. 3370 § 1, 2016). 2016-11-15 Agenda Packet Page 176 ORDINANCE NO. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE CHAPTERS 2.25, 2.33 AND 2.53 TO REVISE THE QUALIFICATION REQUIREMENTS AND APPOINTMENT PROCESS APPLICABLE TO THE CITY'S CULTURAL ARTS COMMISSION WHEREAS, the Cultural Arts Commission ("Commission") was established to develop, support and nurture ideas that expand and enrich arts and cultural opportunities for the entire community; and WHEREAS, in February 2012, as required by state legislation, the Chula Vista Redevelopment Agency was dissolved; and WHREAS, on September 13, 2016, the City Council unanimously approved the Chula Vista Cultural Arts Master Plan (Master Plan), which contemplates a qualified Cultural Arts Commission, appointed in accordance with 2.25.050 E. and H.; and WHEREAS, to remove those terms which no longer apply as a result of dissolution of the Redevelopment Agency, and to be consistent with the Master Plan, City staff is recommending that Chula Vista Municipal Code ("CVMC") Chapters 2.25, 2.33, and 2.53 be amended; and WHEREAS, the proposed amendments to Chapter 2.33 will update the Commissioner requirements consistent with the Master Plan, including requiring that a minimum of six Commission members be professionals in the disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines; and WHEREAS, the proposed amendments to CVMC Chapter 2.25 and 2.53 will require that appointments to the Commission are made pursuant to the appointment process set forth in CVMC Chapter 2.53, which is currently utilized for certain other City commissions, including the Planning Commission and Growth Oversight Commission. NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows: Section 1. CVMC Amendments Sections 2.25.050, 2.33.030, 2.33.040, 2.33.050, and 2.53 of the Chula Vista Municipal Code shall be amended to read as follows: 2.25.050 Membership—Applications—Interview, nomination and appointment process. A. The City Clerk shall maintain applications for prospective membership on boards and commissions. The application shall provide a place for an individual to state the reasons he or she seeks appointment to a particular board or commission and his or her qualifications for service on a particular board or commission. C:AUsers\GRAN IC—I\AppData\L,ocal\Temp\BCL.'Technologies\easyPDF 7\(q)BCI,@5405D9E6\(OBCI,(05405I)9E6.doc 2016-11-15 Agenda Packet Page 177 Ordinance Page 2 B. An individual who has submitted an application for appointment as a voting or ex officio member of any board or commission may be interviewed as part of the nomination and selection process. C. When a vacancy occurs on a board or commission, the City Clerk shall forward applications received for the vacant position to the Mayor, who shall review the forwarded applications, select applicants to be interviewed, interview selected applicants, and make nominations for appointment, subject to the City Council's approval, for all boards and commissions except for the Board of Ethics, Civil Service Commission, Cultural Arts Commission, Growth Management Oversight Commission, Mobilehome Rent Review Commission, Planning Commission, and Parks and Recreation Commission. D. The Mayor shall forward applications for membership on the Board of Ethics to a panel consisting of at least two city managers rotated from cities in San Diego County, excluding Chula Vista. The panel shall review the applications, interview applicants, and recommend one applicant for each available seat to the City Council for appointment. E. Vacancies on the Cultural Arts Commission, Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council directly shall be appointed in accordance with Chapter 2.53 CVMC. F. The nomination and appointment process for the Civil Service Commission shall be conducted in accordance with Charter Section 609 and CVMC 2.43.050. G. The nomination and appointment process for the Mobilehome Rent Review Commission shall be conducted in accordance with Chapter 2.31 CVMC and this subsection. 1. The Mayor shall review applications for all ex officio members and one voting member, select applicants to be interviewed for those positions, interview selected applicants, make nominations for appointment subject to the City Council's approval, and schedule a vote on the nominations on the next available Council meeting's agenda. 2. The four remaining voting positions are tied to a particular Council seat. When a vacancy occurs in one of the four positions, the City Clerk shall forward applications to the Councilmember filling the corresponding Council seat. The Councilmember shall review the applications, select applicants to be interviewed, and interview selected applicants. The Councilmember shall then nominate an applicant for appointment to the available position and request that the nomination be scheduled for vote on the next available Council meeting's agenda. H. Members of each board and commission shall be appointed by at least three affirmative votes of the City Council. 2.33.030 Functions and duties The functions and duties of the Cultural Arts Commission shall be as follows: 2016-11-15 Agenda Packet Page 178 Ordinance Page 3 A. Encourage the preservation of Chula Vista's cultural heritage and the creation of an atmosphere—a Chula Vista image—in which our citizens could take pride and have increased stature. B. Help coordinate and marshal support for the arts. C. Encourage the provision of cultural and artistic facilities and features in public and commercial construction. D. Formulate recommendations for a City arts program, including funding mechanisms, criteria for the selection and placement of public art,procedures for review plans, and guidelines to carry out a City arts program. E. Regularly assess, review and update recommended goals and long-range plans for the City; and regularly solicit public input on the arts. F. Encourage the development of arts and cultural programs for the youth of Chula Vista. G. Promote the creation of a cultural environment to attract visitors and economic development. The Commission, by having a definite focus and by demonstrating a high degree of commitment to the arts, can conduct strategic long-range planning to help reach these goals. 2.33.040 Membership The Cultural Arts Commission shall consist of nine voting members that represent a diversity of backgrounds, to be appointed in accordance with Article VI of the City Charter, and CVMC Chapter 2.25. Further, all nine (9) members shall demonstrate, competence, knowledge and experience in cultural arts; and a minimum of six (6) members shall be appointed from among artists, educators, and those with professional qualifications and experience in disciplines of arts and culture, including the performing arts, fine arts, culinary arts, media arts or related arts disciplines 2.33.050 Meeting schedule As required by the City Charter the Commission shall hold regular meetings and shall establish the day, time and location for its regular meeting in accordance with CVMC 2.25.200. 2.53.030 Definitions. A. "Application period" means the time frame during which applications are accepted for a particular vacancy (defined below). The application period for City Council vacancies is defined in CVMC 2.53.040(C). The application period for specified City commission vacancies is defined in CVMC 2.53.050(B). Once established, the application period will be posted on the City's website. B. "Interview" means the process at a public meeting by which applicants are given an opportunity to present themselves to the City Council, and the City Council questions and evaluates the applicants. Should an applicant be unable to attend the scheduled interview, 2016-11-15 Agenda Packet Page 179 Ordinance Page 4 the Council may elect to consider a letter of interest or interview by other means, such as telephone or video conference, in lieu of an in-person meeting. C. "Qualified application"means an application received within the application period with all of the required components. The application form shall be available through the City Clerk's office and will specify the required components for an application to be deemed a qualified application. D. "Specified City commissions" means those City commissions specified in CVMC 2.25.050(E) as follows: Cultural Arts Commission, Growth Management Oversight Commission, Planning Commission, Parks and Recreation Commission, and the two seats on the Civil Service Commission whose members are appointed by the City Council directly. E. Vacancy (or Vacancies). For specified City commission seats, "vacancy" is defined in accordance with CVMC 2.25.0200. For City Council seats, "vacancy" is defined in accordance with Charter Section 303(A). (Ord. 3370 § 1, 2016). Section II. Severability If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. Section III. Construction The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent. Section IV. Effective Date This Ordinance shall take effect and be in force on the thirtieth day after its final passage. Section V. Publication The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law. Presented by Approved as to form by Eric C. Crockett Glen R. Googins Director of Economic Development City Attorney 2016-11-15 Agenda Packet Page 180 City of Chula Vista W_�� cITY OF AV Staff Report File#: 16-0443, Item#: 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "EXTENSION AND FIRST AMENDMENT OF LEASE" AGREEMENTS FOR TWO TENANT PREMISES AT THE OTAY RANCH TOWN CENTER FOR THE OTAY RANCH BRANCH LIBRARY AND THE COMMUNITY SPACE, "THE HUB" RECOMMENDED ACTION Council adopt the resolution. SUMMARY In order to continue to operate the Otay Ranch Branch of Chula Vista Public Library that provides library service to residents of the east side of Chula Vista, the City of Chula Vista has entered into negotiations with GGP-Otay Ranch, LTD, for a 3-year extension of the current lease for two spaces totaling 5,412 square feet at the Otay Ranch Town Center. Today's action will approve the lease extensions. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION In its meeting of October 19, 2016, the Board of Library Trustees approved a motion supporting this recommendation. DISCUSSION In order to mitigate the absence of a full-service public library branch on the east side of Chula Vista, the City of Chula Vista and General Growth Properties-Otay Ranch, LTD., (GGP) negotiated a lease for 3,412 square feet at Otay Ranch Town Center, to be operated as an express branch. Located in the Food Pavilion area, the branch opened in April 2012 and was an immediate success. In the four and a half years since the Otay Ranch Branch Library opened, more than 650,000 visitors have used the branch, borrowing 580,000 items. Over 60,000 have attended programs there, more than 30,000 have used the free public computers, and over 13,000 have used the passport acceptance service. City of Chula Vista Page 1 of 2 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�81 File#: 16-0443, Item#: 7. According to GGP, the branch's strong performance increased mall foot traffic and Food Pavilion revenues. As a result, an additional 2,000 square feet of vacant retail space was offered to the City under identical terms. The resulting library annex, "The Hub" opened in January 2015. It serves as a versatile community space for passport acceptance, homework help and tutoring, early literacy programs, meetings, small performance, classes, Friends of the Library book sales, and community activities of all kinds. These lease extensions would extend the lease agreements for the period of May 1, 2107 through April 30, 2020 to continue offering the services described above. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(x)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Today's recommended action supports the Connected Community goal by continuing to provide a vibrant neighborhood anchor for learning, technology, and community activities. CURRENT YEAR FISCAL IMPACT There is no current year fiscal impact that would result from the extension of the lease of the Otay Ranch Branch and The Hub, as current year costs are part of the FY16 Library Department budget. ONGOING FISCAL IMPACT There are no ongoing fiscal impacts to extend the lease of the Otay Ranch Branch and The Hub, as operating costs are part of the existing Library Department baseline budget. ATTACHMENTS 1. Proposed Lease - Premises No. 0407 2. Proposed Lease - Premises No. 0409 Staff Contact: Betty Waznis City of Chula Vista Page 2 of 2 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�82 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING "EXTENSION AND FIRST AMENDMENT OF LEASE" AGREEMENTS FOR TWO TENANT PREMISES AT THE OTAY RANCH TOWN CENTER FOR THE OTAY RANCH BRANCH LIBRARY AND THE COMMUNITY SPACE, "THE HUB" WHEREAS, the City of Chula Vista and GGP-Otay Ranch L.P., negotiated a lease for 3,412 square feet at Otay Ranch Town Center at the cost of a dollar a year; and WHEREAS, the Otay Ranch Branch Library opened as an express branch in the food pavilion area of the Otay Ranch Town Center in April 2012; and WHEREAS, Otay Ranch Town Center offered the City of Chula Vista 2,000 square feet of additional space to operate a library community space named "The Hub," which opened in January 2015; and WHEREAS, since April 2012, the Otay Ranch Branch Library has welcomed more than 650,000 visitors, who have borrowed over 580,000 items; and WHEREAS, more than 60,000 residents have attended programs at the Otay Ranch Branch Library, more than 30,000 have used the free public computers and more than 13,000 have used the passport acceptance service; and WHEREAS, the Otay Ranch Branch Library's strong performance has increased mall foot traffic and food pavilion revenues; and WHEREAS, the current lease expires in April 2017; and WHEREAS, the City desires to continue to operate the Otay Ranch Branch Library, thereby providing library service to residents of the east side of Chula Vista for the period of May 1, 2017 through April 30, 2020. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves two "Extension and First Amendment of Lease agreements between the City and GGP-Otay Ranch, L.P. for two tenant premises at the Otay Ranch Town 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 the same. Presented by Approved as to form by Betty Waznis Glen R. Googins Library Director City Attorney 2016-11-15 Agenda Packet Page 183 FXTENSION AND FIRST AMENDM ENT OF LEASE THIS EXTENSION AND FIRST AMENDMENT OF LEASE("Amendment"')is made and dated November 15,2016,between GGP-0tay Ranch,L.P.,a Delaware limited partnership("Landlord")and the crry OF CHULA VISTA,a California tnunicipal corporation. Under the lease dated November 19,21113(which Nvith any and all amendments is the"Lease"), Landlord leased to'f"enant premises numbered 0407 containing a total area of approximately 2,ll00 square feet(the"Leased Premises")in the Otay Ranch Town(",enter Shopping Center(the "Shopping(.,enter"). In consideration of the nuntud benefits and covenants contained in this Amendment,the SLIM Of S10.00 paid by each party to the other,the consideration Landlord may be entitled to under the Lease payable to Landlord upon demand and for other good and valuable consideration(the receipt and sufficiency of'which is acknowledged), it is agreed that effective as of the date of this,Antendinent(the "Effective Date"): 1. 'rhe Terin of the Lease as set forth in ARTICLE I of the Lease shall be and is hereby extended for a period of 3 years,beginning on May 1,2017 and ending on April 30,2020 (the"Extension Period"),upon the ternis and conditions contained in this Amendment, 1 During the Extension Period, the Mininium Annual Rental pursuant to Reference provision L07 and ARTICLE 4(a)of the Lease shall be payable as follows: 5/1/2017-4/30/2020 $1.00 per year The sunt outlined above shall include an unallocated share of Taxes under ARTICLE 7 and the Operating Expenses Payment under Reference Provision 1.22 and ARTICLE 17 of the Lease, Landlord shall allocate such rental in its sole discretion. Stich allocation shall in no way increase the sum outlined above. 3, During the Extension Period,Tenant shall continue to pay separately for utilities or consumables such as electricity,water,sewer, trash,14VAC or the like that are attributable to the Leased premises under A RTICLE 16 of the Lease,and any other charges and costs unposed on Tenant under the 1-case, except as otherwise specifically provided for in this Amendment. 4, During the Extension Period,Landlord's Termination [tight as set forth in Reference Provision 1,27 of the Lease shall remain in full force,and effect,except that"l20 days" shall be changed to"18 months." 5. The Lease is not otherwise modified and remains ratified and confirmed. 6, 'This Amendment and the Lease shall be considered, for all intents arid purposes,one instrument, In the event of any confliet between the terms and provisions ofthis Amendment and the terms and provisions of tile Lease,the teens and provisions of this Amendment shall, in all instances,prevail. If any provision of this Anientintent or the application thereof to any person or circumstance is or becomes illegal, invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect and this Amendment shall be interpreted as if' such illegal, invalid or unenforceable provision did not exist herein. THE REMAINDER OFTHIS PAGE WAS INTENTIONALLY LEl"T BLANK T Each provision of the Lease and this Ainendment shall extend to,and shall hind and hlure to the benefit of Landlord and Tentint,their respective heirs, legal representatives,successors and assigns. Tenant hereby warrants and certifies to Landlord that: (i)"Fenant is as municipal corporation duly organized a�nd in good standing under the laws of the State of California-,(ii)"Fenant is authorized to do business in the State ofCalifornia and to execute and deliver this Amendment;and(iii)the person executing this Amendment is authorized and empowered to bind the municipal corporation to the terms of this Ameridinent by his or her signature hereto, TENANT: CITY OF CHULA vmrA,a California municipal corporation B Y: Mary Casillas"alas Mayor Al I'TS' PPROVED AS`R) FORM BY: BY`� Donna R. Norris,CMC Glen R. Googins City 0 r City Attorney LANDID111): GGP-0tay Ranch,L.P.,a Delaware limited partnership By: GCW-0tay Ranch a Delawa rrr ated liability company,its general partner By: GGPJIomart If LµL. ware mitt liability company, its sole member By: An ze Signatory It"Tenam is a CORPORNTION,the authorized officers must sign on behatfol'thc corporation mid indicate the capacity in which they are signing 'The Arnendmem must be executed by the President or Vice-President and IN S"retary or AssistantSecrelar,Y ,,unless the bylaws or a resolution ofthe board ot'directors shall provide othemke,pn which arse,the bylaws or a cenified copy of the resolutton must he attached ao this Amendment Me appropriate corporatc seat must atso be affixed, ExTENSION AND FIRSTAMENDMENTOF LEASE THIS EXTENSION AND FIRST AMENDMENT OF LEASE("Amendment") is inade arid dated November 15,2016,,between CGP-Otay Ranch,L.P.,a Delaware litnited partnership("Landlord")and the CITY OF CHULA VISTA,a California municipal corporation, Under the lease datedJuly 26,2011 (which with any and all amendments is the "Lease"),Landlord leased to "fenant Premises numbered 0409 containing a total area of approximately 3,412 square feet(the"Leased Premises") Ira the Otay Ranch Town Center Shopping Center(the "Shopping Center"). In consideration of the mutual benefits and covenants contained in this Amendment,the main of$10.00 paid by each party to the other,the consideration Landlord may be entitled to under the Lease p,ayable to Landlord upon dernand and for other good and valuable consideration(the receipt and sufficiency of which is acknowledged),it is agreed that effective as of the date of this Amendment(the "EfTective Date"): I. 'fbe Term ofthe Lease as set forth in AR]"ICLE I ofthe Lease shall be and is hereby extended for a period of 3 years,beginning on May 1,2017 and ending on April 30,2tt20(the"ENtension Pericd"), upon the tenns and conditions contained in this Amendment. 2. During the Extension Period,the Minimum Annual Rental PUSUant to Reference Provision 1.07 and ARI]CLE 4(a)of the Lease shall be payable as follows. /F/'2017.4/0/ 020 $1.00 per year The sum outlined above shall include an unallocated share of Taxes, tinder A RTICLE 7 and the Operating Expenses Payment under Reference Provision 1.22 and ARTICLE 17 of the Lease. Landlord shall allocate such rental in its sole discretion. Such allocation shall in no way increase the sum outlined above. 3, During the Extension Period,Tenant shall continue to pay separately for utilities or consuinables such as electricity,water,sewer,trash, HVAC or the like that are,attributable to the Leased Premises under ARTICLE 16 of the Lease,and any rather charges and costs imposed on'I"enant under the Lease,except as otherwise specifically provided for in this Amendment, 4. During the Extension Period, Land I ord"s Tenn i nation Right as set forth in Reference Provision 1,27 of the Lease shall remain in full force and effect,except that `"l20 days"shall be replaced Nvith"18 months." 5The Lease is not otherwise modified and rernains ratified and confinned. 6This Amendment and the Lease shall be considered, for all intents and purposes,one instrument. In the event of any conflict between the temis and provisions of this Amendment and the ter nis and provisions of the f. ase,the terms arid provisions of this Amendment shall, in all instances,prevail. If any provision ofthis Amendment or the application thereof to any person or circumstance is or becomes illegal, invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect and this Amendment shall be interpreted as if such illegal, invalid or unenforceable Provision did not exist herein. THE REMAINDER 01,"THIS PAGE WAS INTENTIONALLY LEF"T BLANK 7. Each provision of the I-ease kind this Amendment shall extend to,and shall birid and inure to the benefit of Landlord antlTenant,their respective heirs, legal representatives, successors and assigns, Tenant hereby warrants and certifies to Landlord that,: (i)T'enant is an municipal corporation duly organized arid in good standing under the laws ofthe State of California;(ii),re nant is authori7ed to do,business in the State of California and to execute and deliver this,Amendment;arid(Hii the person executing this Amendment is authoHzed and empowered to bind the municipal corporation to the terms ofthis Amendment by his or her signature hereto, 'TENANT: CITY OF CHULA VISTA,a California municipal corporation BY: ........... Mary Casillas"alas Mayor ATTEST APPROVED ASTO l"ORM BY: BY Donna R. NOITiS,CM(, Glen R. Googins City Clerk City Attorney LANDLORD: GGP-Otay Ranch, L.P.,a Delaware limile, pa tnership By: GGP-Otay Ranch 1.L.C.,a De r ited liability company, its general partner By: GGP/Homartll .,a el, e limited liability company, its sole member By: ....... rh tory ff'Fenant is,a CORPORATION,the authorized officers must sign on behaVofthe coqxwation and indicate the capacity in wNch they are sgning The Amendment must he executed by thc Prcsidvit or Vice-President and die Sccrctary nw Assnstant secretary,unless the bylaws or a resolution of the board o6"firectors s,hall provide othenvis,e,fiat which cmw_the bylavvs or as certificd copy of'the msohgfion must he anached to this Amendment I"he:,ippi-ol)riatecorp oi-ateseuiltritistalso f)eaff'txed, City of Chula Vista W-�� cITY OF AV Staff Report File#: 16-0390, Item#: 8. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET CHANGE IN AUTHORIZED STAFFING, AND AMENDING THE POLICE DEPARTMENT FISCAL YEAR 2016-2017 PERSONNEL SERVICES BUDGET B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016-2017 COMPENSATION SCHEDULE EFFECTIVE NOVEMBER 25, 2016, AS REQUIRED BY CALIFORNIA CODE OF REGULATIONS, TITLE 2, SECTION 570.5 RECOMMENDED ACTION Council adopt the resolutions. SUMMARY 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 the reclassification of certain positions, the addition of various new classifications and salary adjustments for certain positions in conjunction with the City Council Compensation Policy and to maintain internal alignment. 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 Determination 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; 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/COMMISSION RECOMMENDATION The Civil Service Commission adopted the amendment to the classification plan, subject to the approval of the City Council, at their October 6, 2016 meeting. DISCUSSION City of Chula Vista Page 1 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�88 File#: 16-0390, Item#: 8. 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. In an effort to address the needs of various departments and the City's workforce, the Human Resources Department is proposing various new classifications and the reclassification of certain positions. The following identifies the departments, affected positions and proposed changes. Department Position Title FTE Principal Planner -1,00 DeveIoprnent Services Principal Landscape Architect 1.00 Finance Principal Management Analyst -1,00 Fiscal Debt Management Analyst 1.00 ............................................................................................................................................................................................................... ............................ Senior Management Analyst -1.00 Supervising Public Safety Analyst 1.00 Police Police Dispatch Supervisor -1.00 Police Dispatcher 1.00 Total City-Wide Position Changes(Net IncreaselDecrease) 0.00 Summary of Updated Classifications Position Title Pch Bargaining Croup E-stop Salary Librarian 1 7075 CVEA $2,320.72 bi-weekly .............................................................................................................................................................................................................................................................................................................................-................................................................................................ Librarian Il 7073 CVEA $2,552.78 bi-weekly (Librarian 111 70711 CVEA $2,808.018 bi-weekly ...................................................................................................................................................................................................................................................................................... Police Recruit 50711 CVEA $2,382.00 bi-weekly Senior Librarian 7053 (Middle Management $3,126.93 bi-weekly Supervising Public Safety Analyst 52411 Middle Management $3,764.12 bi-weekly Principal Landscape Architect 4486 Middle Management $4,528.47 bi-weekly Veterinarian II 5335 Professional $3,711.48 bi-weekly Veterinarian III 5333 Professional $4,268.20 bi-weekly Fiscal Debt Services Analyst 3627 Professional Confidential $4,096.010 bi-weekly Director of Recreation 7405 Executive Management $6,418.65 bi-weekly Librarian I (Hourly) 7076 Unclassified Hourly $29.01 hourly Librarian 11(Hourly) 7074 Unclassified Hourly $31.91 hourly City of Chula Vista Page 2 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�89 File#: 16-0390, Item#: 8. 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 revised Fiscal Year 2016-2017 Compensation Schedule ("Compensation Schedule") was last approved by the City Council at their meeting of November 1, 2016. Approval of Resolution B will approve the revised Compensation Schedule effective November 25, 2016, to reflect the addition of the Supervising Public Safety Analyst, Veterinarian I, Veterinarian II and Fiscal Debt Management Analyst position titles, the deletion of the Fiscal Services Analyst and Veterinarian position titles and the salary adjustments for the Librarian I, Librarian II, Librarian III, Police Recruit, Senior Librarian, Principal Landscape Architect, Director of Recreation, Librarian I (Hourly) and Librarian II (Hourly) position titles. 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. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The reclassifications and salary adjustments support the City-wide strategic goal of Operational Excellence by providing more accurate position titles that better reflect the needs of the City's workforce and salaries that attract and retain quality employees. Furthermore, approval of the revised Fiscal Year 2016-2017 Compensation Schedule and its posting on the City's internet website supports the goal of Operational Excellence as it enhances disclosure and transparency of employee compensation and, as a result, fosters public trust through an open and ethical government. CURRENT YEAR FISCAL IMPACT The proposed position/classification changes result in a total estimated net impact of $18,491 to the General Fund for the remainder of the fiscal year. The following table details the net impact by department: City of Chula Vista Page 3 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�1�90 File#: 16-0390, Item#: 8. Department Net Impact Staff Recommendation Finance $5,322 No budget amendments are requested at this time as the department anticipates sufficient salary savings to absorb the additional costs that are associated with this request. Development Services- $- No net impact to the General Fund. General Fund Police ($708) The requested changes in the Police Department result in a positive impact to the General Fund. Recreation $7,825 Library $6,051 TOTAL GENERAL FUND $18,491 Staff is not recommending budget amendments at this time within the following departments: Finance, Development Services - General Fund, Recreation, and Library. The proposed changes to these departments have no net fiscal impact or there are anticipated salary savings projected in the department to absorb the additional costs. Staff is requesting budget adjustments in the Personnel Services category of the Police Department resulting in a net positive impact to the General Fund of $708. Hourly employees within the Library department will also be affected by the proposed changes; however the department will continually monitor the hourly budget to mitigate the impact. ONGOING FISCAL IMPACT The ongoing salary costs associated with these proposed changes is approximately $40,544 per fiscal year. This cost will be incorporated into the baseline salary budgets of the respective departments. ATTACHMENT 1. Revised Fiscal Year 2016-2017 Compensation Schedule Effective November 25, 2016 Staff Contact: Erin Dempster City of Chula Vista Page 4 of 4 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 191 rrry n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E ACCOUNTANT 3633 CONF $32.56 $34.19 $35.90 $37.69 $39.58 $2,604.92 $2,735.16 $2,871.92 $3,015.52 $3,166.29 ACCOUNTING ASSISTANT 3641 CVEA $19.92 $20.91 $21.96 $23.06 $24.21 $1,593.37 $1,673.03 $1,756.69 $1,844.52 $1,936.75 ACCOUNTING ASSISTANT(HRLY) 3640 UCHR $19.92 $20.91 $21.96 $23.06 $24.21 $1,593.37 $1,673.03 $1,756.69 $1,844.52 $1,936.75 ACCOUNTING TECH(HOURLY) 3676 UCHR $25.20 $26.45 $27.78 $29.17 $30.62 $2,015.61 $2,116.39 $2,222.21 $2,333.32 $2,449.99 ACCOUNTING TECHNICIAN 36431 CONF $25.201$26.45 $27.781 $29.17 $30.62 $2,015.61 1$2,116.39 $2,222.21 $2,333.32 $2,449.99 ACCOUNTING TECHNICIAN 3675 CVEA $25.20 $26.45 $27.78 $29.17 $30.62 $2,015.60 $2,116.38 $2,222.20 $2,333.31 $2,449.98 ACCOUNTS PAYABLE SUPERVISOR 3645 CVEA $28.97 $30.42 $31.94 $33.54 $35.22 $2,317.95 $2,433.85 $2,555.54 $2,683.32 $2,817.48 ADMIN SECRETARY(MAYOR,ATWILL) 0154 CONF $24.61 $25.84 $27.14 $28.49 $29.92 $1,969.05 $2,067.50 $2,170.87 $2,279.42 $2,393.39 ADMIN SERVICES MANAGER 0215 SM $44.59 - - - $54.20 $3,567.48 $4,336.30 ADMINISTRATIVE SECRETARY 0149 CONF $24.61 $25.84 $27.14 $28.49 $29.92 $1,969.05 $2,067.50 $2,170.87 1$2,279.42 $2,393.39 ADMINISTRATIVE SECRETARY 0179 CVEA $24.611$25.84 $27.14 $28.49 $29.92 $1,969.05 1$2,067.50 $2,170.87 $2,279.42 $2,393.39 ADMINISTRATIVE TECH(HOURLY) 0127 UCHR $24.61 $25.84 $27.14 $28.49 $29.92 $1,969.05 1$2,067.50 $2,170.87 $2,279.42 $2,393.39 ADMINISTRATIVE TECHNICIAN 0147 CONF $24.61 $25.84 $27.14 $28.49 $29.92 $1,969.05 $2,067.50 $2,170.87 $2,279.42 $2,393.39 ADMINISTRATIVE TECHNICIAN 0181 CVEA $24.61 $25.84 $27.14 $28.49 $29.92 $1,969.05 $2,067.50 $2,170.87 $2,279.42 $2,393.39 ANIMAL ADOPTION COUNSELOR 5310 CVEA $21.30 $22.36 $23.48 $24.66 $25.89 $1,703.86 $1,789.05 $1,878.50 $1,972.43 $2,071.05 ANIMAL CARE AIDE(HRLY) 53161 UCHR $11.32 $11.91 $12.551 $13.20 $13.90 $905.56 $953.01 $1,003.78 1$1,056.21 $1,111.98 ANIMAL CARE FAC ADMINISTRATOR 5327 SM $51.961$54.56 $57.28 $60.15 $63.16 $4,156.65 $4,364.48 $4,582.70 $4,811.84 $5,052.43 ANIMAL CARE SPECIALIST 5343 CVEA $17.86 $18.75 $19.69 $20.67 $21.71 $1,428.71 $1,500.15 $1,575.16 $1,653.92 $1,736.61 ANIMAL CARE SPECIALIST(HRLY) 5344 UCHR $17.86 $18.75 $19.69 $20.67 $21.71 $1,428.72 $1,500.16 $1,575.17 $1,653.93 1$1,736.62 ANIMAL CARE SUPERVISOR 5319 CVEA $24.80 $26.04 $27.34 $28.71 $30.14 $1,983.93 $2,083.13 $2,187.29 $2,296.65 $2,411.48 ANIMAL CONTROL OFFICER 5303 CVEA $21.43 $22.50 $23.63 $24.81 $26.05 $1,714.46 $1,800.18 $1,890.19 $1,984.70 $2,083.93 ANIMAL CONTROL OFFICER(HRLY) 5305 UCHR 1$21.43 $22.501$23.63 $24.81 $26.05 $1,714.46 $1,800.18 $1,890.19 $1,984.70 $2,083.93 ANIMAL CTRL OFFCR SUPERVISOR 5304 CVEA $24.65 $25.88 $27.17 $28.53 $29.96 $1,971.62 1$2,070.20 $2,173.71 $2,282.40 $2,396.52 ANIMAL SERVICES SPECIALIST 5309 CVEA $19.48 $20.46 $21.48 $22.55 $23.68 $1,558.60 $1,636.53 $1,718.36 1$1,804.27 $1,894.49 APPLICATIONS SUPP SPEC HRLY 3078 UCHR $33.18 $34.84 $36.58 $38.41 $40.33 $2,654.59 $2,787.32 $2,926.68 $3,073.02 $3,226.67 APPLICATIONS SUPPORT MANAGER 3083 MM $41.37 $43.44 $45.61 $47.89 $50.28 $3,309.38 $3,474.85 $3,648.59 $3,831.02 $4,022.57 APPLICATIONS SUPPORT SPEC 3088 PROF $33.18 $34.84 $36.58 $38.41 $40.33 $2,654.59 $2,787.32 $2,926.68 $3,073.02 $3,226.67 AQUARIST 7741 CVEA 1$22.18 $23.291$24.46 $25.68 $26.96 $1,774.71 $1,863.44 $1,956.61 $2,054.45 $2,157.17 AQUATIC SUPERVISOR 1 7579 CVEA $22.75 $23.89 $25.08 $26.34 $27.65 $1,820.11 $1,911.11 $2,006.67 $2,107.00 $2,212.35 AQUATIC SUPERVISOR II 7577 CVEA $25.03 $26.28 $27.59 $28.97 $30.42 $2,002.11 $2,102.22 $2,207.33 1$2,317.69 $2,433.58 AQUATIC SUPERVISOR 111 7575 CVEA $28.78 $30.22 $31.73 $33.32 1 $34.98 $2,302.44 $2,417.56 $2,538.44 $2,665.36 $2,798.63 ASSISTANT CITY CLERK 2210 SM $39.18 $41.13 $43.19 $45.35 $47.62 $3,134.05 $3,290.75 $3,455.28 $3,628.04 $3,809.54 ASSISTANT DIR OF DEV SERVICES 4040 SM $65.71 - $75.93 - $79.87 1$5,256.51 - $6,074.22 - $6,389.32 ASSOC ACCOUNTANT 3635 CONF 1$35.82 $37.611$39.49 $41.46 $43.54 $2,865.40 1$3,008.67 $3,159.10 $3,317.06 $3,482.91 ASSOC ENGINEER 6017 WCE $39.22 $41.18 $43.24 $45.40 $47.67 $3,137.28 $3,294.14 $3,458.85 $3,631.79 1$3,813.38 ASSOC LAND SURVEYOR 6287 WCE $39.22 $41.18 $43.24 $45.40 $47.67 $3,137.28 $3,294.14 $3,458.85 $3,631.79 1$3,813.38 ASSOC PLAN CHECK ENGINEER 4747 WCE $39.22 $41.18 $43.24 $45.40 $47.67 $3,137.28 $3,294.14 $3,458.85 $3,631.79 $3,813.38 ASSOC PLANNER 4437 CVEA $32.29 $33.90 $35.59 $37.37 $39.24 $2,582.83 $2,711.97 $2,847.57 $2,989.95 $3,139.45 ASSOC PLANNER(HOURLY) 4438 UCHR $32.29 $33.90 $35.59 $37.37 $39.24 $2,582.83 $2,711.97 $2,847.57 $2,989.95 $3,139.45 ASST CHIEF OF POLICE 5011 SM $64.46 - - - $78.35 1$5,156.42 $6,267.66 ASST CITY ATTORNEY 2405 SM $68.82 $72.26 $75.87 $79.62 $83.65 $5,505.54 $5,780.82 $6,069.86 $6,369.97 $6,692.02 ASST CITY MANAGER/ADMIN 2707 EXEC $89.04 - - - $107.56 $7,123.21 1$8,604.47 ASST DIR HUMAN RESOURCES 3304 SM $59.95 $71.94 $4,795.78 $5,754.93 ASST DIR OF FINANCE 3604 SM $59.59 $71.94 $4,766.80 $5,754.93 ASST DIR OF PUBLIC WORKS 6322 SM 1$63.08 1 $74.47 1 $76.15 $5,046.27 $5,957.44 $6,092.31 ASST DIR OF RECREATION 7401 SM $49.22 - $59.83 1$3,937.68 $4,786.27 ASST DIRECTOR OF ENGINEERING 6008 SM $63.08 - $76.15 $5,046.27 $6,092.31 ASST ENGINEER 6015 WCE $34.10 $35.81 $37.60 $39.48 $41.45 $2,728.07 $2,864.48 $3,007.70 $3,158.09 $3,315.99 ASST LAND SURVEYOR 6289 WCE $34.10 $35.81 $37.60 $39.48 $41.45 $2,728.07 $2,864.48 $3,007.70 $3,158.09 $3,315.99 ASST PLAN CHECK ENGINEER 4749 WCE $34.10 $35.81 $37.60 $39.48 $41.45 $2,728.06 $2,864.47 $3,007.69 $3,158.08 $3,315.98 ASST PLANNER 4439 CVEA $29.35 $30.82 $32.36 $33.98 $35.68 $2,348.04 $2,465.44 $2,588.71 $2,718.14 $2,854.05 AUTOMATED FINGERPRINT TECH 5123 CVEA $19.48 $20.46 $21.48 $22.55 $23.68 $1,558.60 $1,636.53 $1,718.36 $1,804.27 $1,894.49 BENEFITS MANAGER 3404 MMCF $43.95 $46.15 $48.45 $50.87 $53.42 $3,515.81 $3,691.60 $3,876.19 $4,069.99 $4,273.49 BLDG PROJECT MANAGER 6412 PROF $39.26 $41.23 $43.29 $45.45 $47.72 $3,140.95 $3,298.00 $3,462.90 $3,636.05 $3,817.85 BUDGET&ANALYSIS MANAGER 2222 SM $50.74 - - - $61.67 $4,059.09 $4,933.85 BUILDING INSPECTION MGR 147691 MM $41.35 $43.41 $45.58 $47.86 $50.26 $3,307.69 $3,473.08 $3,646.73 $3,829.07 $4,020.52 BUILDING INSPECTOR I 147711 CVEA $28.42 $29.84 $31.33 $32.90 $34.55 $2,273.71 $2,387.40 $2,506.77 $2,632.11 $2,763.71 BUILDING INSPECTOR II 147731 CVEA 1$31.261$32.83 $34.47 $36.19 1 $38.00 1$2,501.10 $2,626.15 1$2,757.46 1$2,895.33 $3,040.10 All position titles designated as Executive("EXEC")or Senior Management("SM")have salary bands with a minimum("Step A")and maximum("Step E")salary;salary appointments and subsequent adjustments within the approved salary range may be made by the position's appointing authority. Approved and Adopted: Resol064,YY.1_15 Agenda Packet Page 192 9-11Tv n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E BUILDING INSPECTOR II HRLY 4774 UCHR $31.26 $32.83 $34.47 $36.19 $38.00 $2,501.10 $2,626.15 $2,757.46 $2,895.33 $3,040.10 BUILDING INSPECTOR III 4775 CVEA $34.39 $36.11 $37.92 $39.81 $41.80 $2,751.20 $2,888.76 $3,033.20 $3,184.86 $3,344.10 BUILDING OFFICIAL/CODE ENF MGR 4780 SM $62.58 - - - $76.06 $5,006.19 $6,085.07 BUSINESS LICENSE REP 4505 CVEA $19.92 $20.91 $21.96 $23.06 $24.21 $1,593.37 $1,673.03 $1,756.69 $1,844.52 $1,936.75 CARPENTER 64441 CVEA $24.801$26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.84 $2,411.68 CHIEF OF POLICE 5001 EXEC $84.22 - - $100.24 $102.37 $6,737.46 - - $8,019.53 $8,189.44 CHIEF OF STAFF 2011 MMUC $34.29 $36.01 $37.81 $39.70 $41.68 $2,743.40 $2,880.57 $3,024.59 $3,175.82 $3,334.61 CHIEF SUSTAINABILITY OFFICER 2729 SM $59.59 - - $70.34 $71.94 $4,766.81 $5,627.51 $5,754.93 CITY ATTORNEY(ELECTED) 2400 CATY - $90.89 $7,270.81 CITY CLERK 2201 CCLK - $71.46 $5,716.62 CITY ENGINEER 6010 SM $60.01 $72.94 $4,800.83 $5,835.44 CITY MANAGER 2710 CMGR - $118.69 $9,495.45 CIVIL BCKGRND INVEST(HOURLY) 5430 UCHR $23.57 $24.75 $25.99 $27.29 $28.65 $1,885.90 $1,980.20 $2,079.21 $2,183.17 $2,292.33 CIVILIAN BACKGROUND INVEST 5429 CVEA $23.57 $24.75 $25.99 $27.29 $28.65 $1,885.90 $1,980.19 $2,079.20 $2,183.16 $2,292.32 CIVILIAN POLICE INVESTIGATOR 5431 UCHR $25.79 $27.08 $28.43 $29.85 $31.35 $2,063.15 $2,166.32 $2,274.63 $2,388.36 $2,507.78 CLERICAL AIDE 0241 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 $1,025.47 CODE ENF OFFICER 1 4777 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,974.97 $2,073.72 $2,177.41 $2,286.28 $2,400.59 CODE ENF OFFICER I(HOURLY) 47761 UCHR $24.691$25.92 $27.221 $28.58 $30.01 $1,974.98 $2,073.73 $2,177.42 1$2,286.29 $2,400.60 CODE ENF OFFICER 11 4779 CVEA $27.16 $28.51 $29.94 $31.44 $33.01 $2,172.47 $2,281.09 $2,395.15 $2,514.90 $2,640.65 CODE ENF OFFICER 11(HOURLY) 4778 UCHR $27.16 $28.51 $29.94 $31.44 $33.01 $2,172.48 $2,281.10 $2,395.15 $2,514.91 $2,640.66 CODE ENFORCEMENT TECHNICIAN 4789 CVEA $21.47 $22.54 $23.67 $24.85 $26.09 $1,717.37 $1,803.24 $1,893.40 $1,988.07 $2,087.47 COLLECTIONS SUPERVISOR 3683 MM $34.33 $36.04 $37.84 $39.74 $41.72 1$2,746.06 $2,883.37 $3,027.54 $3,178.91 $3,337.86 COMMUNITY SERV OFFICER 5141 CVEA $19.48 $20.461$21.48 $22.55 $23.68 $1,558.60 $1,636.53 1$1,718.36 $1,804.27 $1,894.49 CONSERVATION SPECIALIST 1 62001 CVEA 1$22.44 $23.57 $24.74 $25.98 $27.28 $1,795.43 $1,885.21 $1,979.47 $2,078.44 $2,182.36 CONSERVATION SPECIALIST 11 6202 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,974.97 $2,073.72 $2,177.41 $2,286.28 $2,400.59 CONSTRUCTION&REPAIR SUPVSR 6427 CVEA $34.44 $36.16 $37.97 $39.87 $41.86 $2,755.17 $2,892.93 $3,037.57 $3,189.45 $3,348.93 COUNCIL ASSISTANT 2023 UCHR $22.91 $24.06 $25.26 $26.52 $27.85 $1,832.86 $1,924.50 $2,020.73 $2,121.76 $2,227.85 COUNCILPERSON 2003 CL - - - - $23.99 $1,919.49 CRIME LABORATORY MANAGER 5101 MM $44.451$46.67 $49.011 $51.46 $54.03 $3,555.97 $3,733.77 $3,920.45 $4,116.48 $4,322.30 CULTURAL ARTS PROGRAM MGR 44351 PROF $37.25 $39.12 $41.07 $43.12 $45.28 $2,980.19 $3,129.20 $3,285.66 $3,449.94 $3,622.44 CUSTODIAL SUPERVISOR 6667 CVEA $22.79 $23.93 $25.12 $26.38 $27.70 $1,822.87 $1,914.02 $2,009.72 $2,110.21 $2,215.72 CUSTODIAN 6661 CVEA $18.01 $18.91 $19.86 $20.85 $21.89 $1,441.00 $1,513.05 $1,588.70 $1,668.14 $1,751.54 CUSTODIAN(HOURLY) 6662 UCHR $18.01 $18.91 $19.86 $20.85 $21.89 $1,441.00 $1,513.05 $1,588.70 $1,668.14 $1,751.54 DELIVERY DRIVER 7191 CVEA $16.51 $17.341$18.20 $19.11 $20.07 $1,320.92 1$1,386.97 $1,456.32 $1,529.14 $1,605.59 DEP CITY MANAGER 2705 EXEC 1$92.85 - - - $102.37 $7,427.87 $8,189.44 DEPUTY CITY ATTORNEY 1 2410 PRUC $41.13 $43.19 $45.35 $47.62 $50.00 $3,290.63 $3,455.17 $3,627.92 $3,809.32 $3,999.79 DEPUTY CITY ATTORNEY 11 2408 PRUC $49.36 $51.83 $54.42 $57.14 $60.00 $3,948.76 $4,146.20 $4,353.51 $4,571.18 $4,799.74 DEPUTY CITY ATTY 111 2411 SM $61.95 $65.05 $68.30 $71.71 $75.30 $4,956.00 $5,203.80 $5,463.99 $5,737.19 $6,024.02 DEPUTY CITY CLERK 1 2245 PRUC $25.44 $26.71 $28.04 $29.44 $30.92 $2,034.84 $2,136.58 1$2,243.41 $2,355.58 $2,473.36 DEPUTY CITY CLERK 11 2243 PRUC $27.98 $29.38 $30.85 $32.39 $34.01 $2,238.33 $2,350.25 $2,467.76 $2,591.15 $2,720.71 DEPUTY FIRE CHIEF 5505 SM 1$64.08 - - - $77.89 $5,126.47 $6,231.27 DETENTION FACILITY MANAGER 5130 MM $44.45 $46.67 $49.01 $51.46 $54.03 $3,555.97 $3,733.77 $3,920.45 $4,116.48 $4,322.30 DEVELOPMENT SERVICES TECH 1 4542 CVEA $20.31 $21.32 $22.39 $23.51 $24.68 $1,624.51 $1,705.74 $1,791.03 $1,880.58 $1,974.61 DEVELOPMENT SVCS DEPT DIR 4039 EXEC $76.89 - - $91.99 $93.48 $6,151.49 $7,359.18 $7,478.17 DEVELOPMENT SVCS TECH 11 4541 CVEA $22.34 $23.45 $24.63 $25.86 $27.15 $1,786.97 $1,876.32 $1,970.13 $2,068.64 $2,172.07 DEVELOPMENT SVCS TECH 111 4543 CVEA $25.69 $26.97 $28.32 $29.74 $31.22 $2,055.01 $2,157.76 $2,265.65 $2,378.93 $2,497.88 DEVLPMENT SVCS TECH 11(HRLY) 45441 UCHR $22.341$23.45 $24.631 $25.86 $27.15 $1,786.97 $1,876.32 $1,970.13 $2,068.64 $2,172.07 DEVLPMT SVCS COUNTER MGR 4547 MM $42.88 $45.02 $47.27 $49.64 $52.12 $3,430.30 $3,601.81 $3,781.90 $3,971.00 $4,169.55 DIR OF ECON DEVELOPMENT 2734 EXEC $71.94 - - - $86.77 $5,755.35 $6,941.82 DIR OF ENG/CITY ENGINEER 6006 EXEC $68.14 $82.82 $5,451.03 $6,625.76 DIR OF FINANCE 3601 EXEC $77.45 $86.77 $93.46 $6,195.78 $6,941.84 $7,477.17 DIR OF HUMAN RESOURCES 3303 EXEC $71.39 - $86.77 $5,710.85 $6,941.81 DIR OF INFO TECH SVCS 3001 EXEC $71.39 1$78.70 $86.77 $5,710.86 $6,296.22 $6,941.81 DIR OF LIBRARY 7002 EXEC $71.94 - $86.77 $5,755.35 $6,941.82 DIR OF PUBLIC WORKS 6320 EXEC $76.22 $89.86 $93.46 $6,097.38 $7,188.46 $7,477.17 DIR OF RECREATION 7405 EXEC $66.01 $69.31 $72.77 $76.41 $80.23 $5,280.64 $5,544.67 $5,821.90 $6,113.00 $6,418.65 DIR OF REDEVLPMENT&HOUSING 4201 EXEC $68.14 - - - $82.82 $5,451.03 $6,625.76 ELECTRICIAN 6438 CVEA $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.31 $2,187.47 $2,296.85 $2,411.69 $2,532.27 ELECTRONIC/EQUIP INSTALLER 6492 CVEA $23.67 $24.86 $26.10 $27.41 $28.78 $1,893.92 $1,988.61 $2,088.04 $2,192.45 $2,302.07 ELECTRONICS TECH SUPERVISOR 6472 CVEA $32.941$34.591$36.32 $38.14 $40.04 1$2,635.44 $2,767.21 $2,905.57 $3,050.85 $3,203.39 ELECTRONICS TECHNICIAN 6475 CVEA $28.65 $30.08 $31.58 $33.16 $34.82 $2,291.69 $2,406.27 $2,526.581$2,652.91+$2,785.56 Approved and Adopted: Resoly.1_15 Agenda Packet Page 193 9-11Tv n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E EMERGENCY SVCS COORDINATOR 5564 PROF $37.04 $38.89 $40.84 $42.88 $45.02 $2,963.21 $3,111.37 $3,266.94 $3,430.29 $3,601.80 EMS NURSE COORDINATOR 5567 PROF $46.85 $49.19 $51.65 $54.24 $56.95 $3,748.11 $3,935.51 $4,132.29 $4,338.91 $4,555.85 ENGINEERING TECH 1 6081 CVEA $24.71 $25.95 $27.25 $28.61 $30.04 $1,977.15 $2,076.00 $2,179.80 $2,288.79 $2,403.23 ENGINEERING TECH II 6071 CVEA $27.19 $28.55 $29.97 $31.47 $33.04 1$2,174.86 $2,283.60 $2,397.78 $2,517.67 $2,643.55 ENVIRON SUSTAINABILITY MGR 6207 MM $46.571$48.90 $51.34 $53.91 $56.61 $3,725.59 $3,911.87 $4,107.46 $4,312.83 1$4,528.47 ENVIRONMENTAL HLTH SPECIALIST 6129 CVEA $32.68 $34.32 $36.04 $37.84 $39.73 $2,614.79 $2,745.53 $2,882.80 $3,026.94 $3,178.29 ENVIRONMENTAL SERVICES MGR 6205 MM $46.57 $48.90 $51.34 $53.91 $56.61 $3,725.59 $3,911.87 $4,107.46 $4,312.83 $4,528.47 EQUIPMENT MAINTENANCE MANAGER 6505 MM $36.69 $38.52 $40.45 $42.47 $44.59 $2,934.93 $3,081.68 $3,235.76 $3,397.55 $3,567.43 EQUIPMENT MECHANIC 6542 CVEA $24.57 $25.80 $27.09 $28.45 1 $29.87 $1,965.91 $2,064.20 $2,167.41 $2,275.79 $2,389.57 EQUIPMENT OPERATOR 6361 CVEA $26.15 $27.461$28.84 $30.28 $31.79 $2,092.34 1$2,196.95 $2,306.80 $2,422.14 $2,543.25 EXECUTIVE SECRETARY 0187 CONF 1$29.78 $31.27 $32.83 $34.48 $36.20 $2,382.55 $2,501.68 $2,626.76 $2,758.10 $2,896.00 FA ACCOUNTING TECHNICIAN 5270 CONF $25.20 $26.45 $27.78 $29.17 $30.62 $2,015.61 $2,116.39 $2,222.21 $2,333.32 $2,449.99 FA ADMIN ANALYST 1 5297 CONF $27.67 $29.06 $30.51 $32.04 $33.64 $2,213.86 $2,324.56 $2,440.78 $2,562.82 $2,690.96 FA ADMIN ANALYST 11 5296 CONF $30.44 $31.96 $33.56 $35.24 $37.00 $2,435.25 $2,557.01 $2,684.86 $2,819.11 $2,960.06 FA ANALYST 5277 CONF $21.15 $22.20 $23.31 $24.48 $25.70 $1,691.76 $1,776.35 $1,865.17 $1,958.43 $2,056.35 FA DEPUTY DIRECTOR SD LECC 5465 SM $45.99 - - $53.24 $55.90 $3,679.08 $4,258.99 $4,471.95 FA DEPUTY EXECUTIVE DIRECTOR 5463 SM $48.79 $59.31 $3,903.31 $4,744.50 FA DIRECTOR OF SD LECC 5274 SM $57.39 $69.76 $4,591.40 $5,580.88 FA EXECUTIVE ASSISTANT 5286 CONF $27.09 $28.45 $29.87 $31.36 $32.93 $2,167.46 $2,275.83 $2,389.62 $2,509.10 $2,634.56 FA EXECUTIVE DIRECTOR 5461 EXEC $57.39 - $63.28 - $69.76 $4,591.40 - $5,062.02 - $5,580.88 FA FINANCIAL MANAGER 5493 MMUC $45.42 $47.69 $50.07 $52.58 $55.21 $3,633.54 $3,815.22 $4,005.98 $4,206.28 $4,416.59 FA GEOSPATIAL INTEL ANALYST 5439 PRUC $39.42 $41.39 $43.46 $45.63 $47.92 $3,153.63 1$3,311.31 $3,476.87 $3,650.72 $3,833.25 FA GRAPHIC DESIGNER/WBMSTR 5289 CONF $28.63 $30.06 $31.56 $33.14 $34.80 $2,290.07 $2,404.58 $2,524.81 $2,651.05 $2,783.60 FA INFO SECURITY PROGRAM MGR 5453 MMUC $45.98 $48.28 $50.701 $53.23 $55.89 $3,678.72 $3,862.66 $4,055.79 $4,258.58 $4,471.51 FA INTELLIGENCE ANALYST 5485 CONF $28.63 $30.06 $31.56 $33.14 $34.80 $2,290.07 $2,404.58 $2,524.81 $2,651.05 $2,783.60 FA IVDC-LECC EXEC DIRECTOR 5491 SM $50.02 $52.52 $55.14 $57.90 $60.79 $4,001.25 $4,201.30 $4,411.37 1$4,631.93 $4,863.53 FA LECC IT MANAGER 5440 MMUC $42.05 $44.15 $46.36 $48.68 $51.11 1$3,363.87 $3,532.06 $3,708.66 $3,894.10 $4,088.80 FA MANAGEMENT ASSISTANT 5278 CONF $25.80 $27.09 $28.45 $29.87 $31.36 $2,064.25 $2,167.46 $2,275.84 $2,389.63 $2,509.11 FA MICROCOMPUTER SPECIALIST 5443 PRUC $34.19 $35.90 $37.69 $39.58 $41.56 $2,735.03 $2,871.78 $3,015.37 $3,166.14 $3,324.45 FA NTWRK ADMINISTRATOR 1 5292 PRUC $34.41 $36.13 $37.931 $39.83 $41.82 $2,752.50 $2,890.13 $3,034.63 $3,186.36 $3,345.68 FA NTWRK ADMINISTRATOR 11 5294 PRUC $37.85 $39.74 $41.73 $43.81 $46.00 $3,027.75 $3,179.14 $3,338.10 $3,505.00 $3,680.25 FA PROGRAM ANALYST 54441 PRUC $40.79 $42.83 $44.97 $47.22 $49.58 $3,262.98 $3,426.13 $3,597.44 1$3,777.31 $3,966.18 FA PROGRAM ASSISTANT 5451 CONF $20.61 $21.64 $22.72 $23.86 $25.05 1$1,648.95 $1,731.40 $1,817.97 $1,908.87 $2,004.31 FA PROGRAM ASSISTANT SUPERVISOR 5452 PRUC $29.66 $31.15 $32.71 $34.34 $36.06 $2,373.18 $2,491.84 $2,616.44 $2,747.26 1$2,884.62 FA PROGRAM MANAGER 5445 SM $45.99 $48.29 $50.70 $53.24 $55.90 $3,679.08 $3,863.04 $4,056.18 $4,258.99 $4,471.95 FA PUB-PRVT PART EXER PRG MGR 5497 MMUC $42.76 $44.90 $47.15 $49.51 $51.98 $3,421.17 $3,592.23 $3,771.84 $3,960.44 $4,158.46 FA RCFL NETWRK ENGINEER 5284 CONF 1$33.22 $34.88 $36.62 $38.46 $40.38 $2,657.56 $2,790.44 $2,929.96 $3,076.46 $3,230.28 FA SR FINANCIAL ANALYST 5495 PRUC $31.96 $33.56 $35.24 $37.00 1 $38.85 $2,557.02 1$2,684.87 $2,819.11 $2,960.07 $3,108.07 FA SR INTELLIGENCE ANALYST 5483 PRUC $33.66 $35.34 $37.11 $38.97 $40.91 $2,692.80 $2,827.44 $2,968.82 1$3,117.26 $3,273.12 FA SR PROGRAM ASSISTANT 5454 CONF $24.52 $25.75 $27.04 $28.39 $29.81 $1,961.83 $2,059.92 $2,162.92 $2,271.07 $2,384.62 FA SR SECRETARY 5477 CONF $21.20 $22.26 $23.38 $24.55 $25.77 $1,696.30 $1,781.11 $1,870.17 $1,963.67 1$2,061.86 FA SUPV INTELLIGENCE ANALYST 54811 PRUC $37.03 $38.88 $40.82 $42.86 $45.01 $2,962.08 $3,110.18 $3,265.69 $3,428.98 $3,600.43 FACILITIES MANAGER 6425 MM $41.79 $43.87 $46.071 $48.37 $50.79 $3,342.85 $3,509.99 $3,685.49 $3,869.76 $4,063.25 FACILITY&SUPPLY SPECIALIST 5648 CVEA $21.17 $22.23 $23.35 $24.51 $25.74 1$1,693.98 $1,778.68 $1,867.61 $1,960.99 $2,059.04 FACILITY&SUPPLY SPEC(HRLY) 5646 UCHR $21.17 $22.23 $23.35 $24.51 $25.74 $1,693.98 $1,778.68 $1,867.61 $1,960.99 $2,059.04 FIELD MAINTENANCE SPECIALIST 7471 CVEA $19.25 $20.21 $21.22 $22.28 $23.40 $1,539.99 $1,616.99 $1,697.84 $1,782.73 $1,871.86 FINANCE&PURCHASING MGR 3625 SM $55.38 - - - $67.32 $4,430.76 - - $5,385.62 FIRE APPARATUS MECH 65211 CVEA 1$29.47 $30.951$32.49 $34.12 $35.83 $2,357.86 $2,475.76 $2,599.54 $2,729.52 $2,866.00 FIRE BATTALION CHIEF(112 HR) 5511 IAFF $35.24 $37.00 $38.85 $40.79 $42.83 $3,946.63 $4,143.96 $4,351.16 $4,568.72 $4,797.15 FIRE BATTALION CHIEF(80 HR) 5513 IAFF $49.33 $51.80 $54.39 $57.11 $59.96 $3,946.63 $4,143.96 $4,351.16 $4,568.72 $4,797.15 FIRE CAPTAIN(112 HR) 5583 IAFF $28.29 $29.70 $31.19 $32.74 $34.38 $3,168.03 $3,326.43 $3,492.75 $3,667.39 $3,850.76 FIRE CAPTAIN(80 HR) 5581 IAFF $39.60 $41.58 $43.66 $45.84 $48.13 $3,168.03 $3,326.43 $3,492.75 $3,667.39 $3,850.76 FIRE CAPTAIN(INTERIM) 5580 IAFF $28.29 $29.70 $31.19 $32.74 $34.38 $3,168.03 $3,326.43 $3,492.75 $3,667.39 $3,850.76 FIRE CHIEF 5501 EXEC 1$76.90 $91.15 - $93.46 $6,151.76 - $7,291.91 - $7,477.19 FIRE DIVISION CHIEF 5507 MMUC $56.47 $59.29 $62.26 $65.37 1 $68.64 $4,517.38 $4,743.25 $4,980.41 $5,229.43 $5,490.90 FIRE ENG(112 HR) 5603 IAFF $24.12 $25.32 $26.59 $27.92 $29.31 $2,701.13 $2,836.18 $2,977.99 $3,126.89 $3,283.24 FIRE ENG(80 HR) 5601 IAFF $33.76 $35.45 $37.22 $39.09 $41.04 $2,701.13 $2,836.18 $2,977.99 $3,126.89 $3,283.24 FIRE ENGINEER(INTERIM) 5602 IAFF $24.12 $25.32 $26.59 $27.92 $29.31 $2,701.13 $2,836.18 $2,977.99 $3,126.89 $3,283.24 FIRE INSP/INVEST I 15530 IAFF $28.56 $29.98 $31.48 $33.06 $34.71 $2,284.42 $2,398.64 $2,518.57 $2,644.50 $2,776.73 FIRE INSP/INVEST I(HRLY) 155341 UCHR 1$28.561$29.981$31.48 $33.06 $34.71 1$2,284.42 $2,398.64 $2,518.57 $2,644.50 $2,776.73 FIRE INSP/INVEST 11 155311 IAFF 1$31.411$32.981$34.631 $36.36 1 $38.18 1$2,512.85 $2,638.50 $2,770.42 $2,908.94 $3,054.39 Approved and Adopted: Resoly.1_15 Agenda Packet Page 194 9-11Tv n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E FIRE INSP/INVEST II HRLY 5532 UCHR $31.41 $32.98 $34.63 $36.36 $38.18 $2,512.85 $2,638.50 $2,770.42 $2,908.94 $3,054.39 FIRE PREV ENG/INVEST 5528 IAFF $37.89 $39.78 $41.77 $43.86 $46.05 $3,030.81 $3,182.35 $3,341.46 $3,508.54 $3,683.96 FIRE PREVENTION AIDE 5535 CVEA $13.97 $14.67 $15.40 $16.17 $16.98 $1,117.51 $1,173.39 $1,232.06 $1,293.66 $1,358.34 FIRE PREVENTION AIDE(HRLY) 5533 UCHR $13.97 $14.67 $15.40 $16.17 $16.98 1$1,117.51 $1,173.39 $1,232.06 $1,293.66 $1,358.34 FIREFIGHTER(112 HR) 5623 IAFF 1$20.50 $21.521$22.60 $23.73 $24.91 $2,295.67 1$2,410.46 $2,530.98 $2,657.53 1$2,790.40 FIREFIGHTER(80 HR) 5621 IAFF $28.70 $30.13 $31.64 $33.22 $34.88 $2,295.67 $2,410.46 $2,530.98 $2,657.53 $2,790.40 FIREFIGHTER/PARAMEDIC(112 HR) 5613 IAFF $23.57 $24.75 $25.99 $27.29 $28.65 $2,640.02 $2,772.02 $2,910.62 $3,056.15 $3,208.96 FIREFIGHTER/PARAMEDIC(80 HR) 5611 IAFF $33.00 $34.65 $36.38 $38.20 $40.11 $2,640.02 $2,772.02 $2,910.62 $3,056.15 $3,208.96 FISCAL&MANAGEMENT ANALYST 0216 PRCF $42.12 $44.23 $46.44 $48.76 $51.20 $3,369.79 $3,538.28 $3,715.20 $3,900.96 $4,096.00 FISCAL DEBT MANAGEMENT ANALYST 3627 PRCF $42.121$44.23 $46.44 $48.76 $51.20 1$3,369.79 $3,538.28 $3,715.20 $3,900.96 $4,096.00 FISCAL OFFICE SPEC(HOURLY) 0170 UCHR $18.40 $19.32 $20.291 $21.30 $22.37 $1,472.00 $1,545.60 $1,622.88 $1,704.02 1$1,789.22 FISCAL OFFICE SPECIALIST 0169 CVEA $18.40 $19.32 $20.29 $21.30 $22.37 $1,472.00 $1,545.60 $1,622.88 $1,704.02 $1,789.22 FLEET INVENTORY CONTROL SPEC 6513 CVEA $24.35 $25.57 $26.85 $28.19 $29.60 $1,948.08 $2,045.48 $2,147.75 $2,255.14 $2,367.90 FLEET MANAGER 6501 MM $40.75 $42.79 $44.93 $47.18 $49.54 $3,260.39 $3,423.41 $3,594.58 $3,774.31 $3,963.03 FORENSICS SPECIALIST 5114 CVEA $29.18 $30.64 $32.17 $33.78 $35.47 $2,334.37 $2,451.09 $2,573.65 $2,702.33 $2,837.45 GARDENER(SEASONAL) 6629 UCHR $18.01 $18.911$19.86 $20.85 $21.89 $1,441.00 1$1,513.05 $1,588.70 $1,668.14 $1,751.54 GARDENER I 6627 CVEA $18.01 $18.91 $19.86 $20.85 $21.89 $1,441.00 $1,513.05 $1,588.70 $1,668.14 $1,751.54 GARDENER II 6623 CVEA $19.81 $20.80 $21.84 $22.94 $24.08 $1,585.11 $1,664.36 $1,747.58 $1,834.96 $1,926.71 GIS MANAGER 3079 MM $41.78 $43.87 $46.06 $48.36 $50.78 $3,342.16 $3,509.27 $3,684.73 $3,868.97 $4,062.42 GIS SPECIALIST 3081 CVEA $29.38 $30.85 $32.40 $34.02 $35.72 $2,350.77 $2,468.31 $2,591.73 $2,721.31 $2,857.38 GIS SPECIALIST(HOURLY) 3092 UCHR $29.38 $30.85 $32.40 $34.02 $35.72 $2,350.77 $2,468.31 $2,591.73 $2,721.31 $2,857.38 GRAFFITI ABATEMENT COORDINATOR 6339 CVEA $29.90 $31.40 $32.971 $34.62 $36.35 $2,392.35 $2,511.97 $2,637.57 $2,769.45 $2,907.92 GRAPHIC DESIGNER 2775 CVEA $26.03 $27.33 $28.70 $30.13 $31.64 $2,082.47 $2,186.59 $2,295.92 $2,410.72 $2,531.25 GYMNASTIC SPECIALIST 7543 UCHR $15.10 $15.86 $16.65 $17.48 $18.36 $1,208.09 $1,268.50 $1,331.92 $1,398.52 $1,468.44 HOUSING MANAGER 4093 SM $51.43 - - - $62.03 $4,114.69 $4,962.28 HR ANALYST 3310 PRCF $32.51 $34.14 $35.85 $37.64 $39.52 $2,601.11 $2,731.16 $2,867.72 $3,011.11 $3,161.66 HR OPERATIONS MANAGER 3317 SM $52.97 - - - $64.38 $4,237.61 $5,150.65 HR TECHNICIAN 3315 CONF $23.38 $24.55 $25.78 $27.07 $28.42 $1,870.60 $1,964.13 $2,062.33 $2,165.45 $2,273.72 HVAC TECHNICIAN 6430 CVEA $26.04 $27.34 $28.71 $30.15 $31.65 $2,083.31 $2,187.47 $2,296.85 $2,411.69 1$2,532.27 INFO TECH MANAGER 5104 SM $50.91 - - - $61.10 $4,072.98 1$4,887.77 INFO TECH SUPPORT SPECIALIST 3014 PROF $34.19 $35.90 $37.69 $39.58 $41.56 $2,735.03 $2,871.78 $3,015.37 $3,166.14 $3,324.45 INTERN,GRADUATE 0269 UCHR $13.33 $14.00 $14.70 $15.43 $16.20 $1,066.42 $1,119.74 $1,175.73 $1,234.51 $1,296.24 INTERN,UNDERGRADUATE 0267 UCHR $12.12 $12.721$13.36 $14.03 $14.73 $969.47 1$1,017.95 $1,068.84 $1,122.29 $1,178.40 LANDSCAPE ARCHITECT 4480 PROF $37.25 $39.12 $41.07 $43.12 $45.28 $2,980.19 $3,129.20 $3,285.66 $3,449.94 $3,622.44 LANDSCAPE INSPECTOR 6291 CVEA $28.42 $29.84 $31.33 $32.90 $34.55 $2,273.73 $2,387.41 $2,506.79 $2,632.12 $2,763.73 LANDSCAPE PLANNER 1 4482 CVEA $29.35 $30.82 $32.36 $33.98 $35.68 $2,348.03 $2,465.43 $2,588.70 $2,718.13 $2,854.04 LANDSCAPE PLANNER 11 4483 CVEA $32.29 $33.90 $35.59 $37.37 $39.24 $2,582.83 $2,711.97 $2,847.57 $2,989.95 $3,139.45 LATENT PRINT EXAMINER 5111 CVEA $33.56 $35.23 $37.00 $38.85 $40.79 $2,684.53 $2,818.76 $2,959.69 $3,107.68 $3,263.06 LATENT PRINT EXAMINER HRLY 5112 UCHR $33.561$35.23 $37.00 $38.85 $40.79 $2,684.53 1$2,818.76 $2,959.69 $3,107.68 $3,263.06 LAW OFFICE MANAGER 2465 MMUC $34.25 $35.97 $37.77 $39.65 $41.64 $2,740.33 $2,877.35 $3,021.22 $3,172.28 $3,330.89 LEAD CUSTODIAN 6663 CVEA $19.81 $20.80 $21.84 $22.94 $24.08 $1,585.11 $1,664.36 $1,747.58 $1,834.96 $1,926.71 LEGAL ASSISTANT 01831 CONF $24.86 $26.10 $27.40 $28.77 $30.21 $1,988.55 $2,087.98 $2,192.38 $2,301.99 1$2,417.09 LIBRARIAN 1 7075 CVEA $23.87 $25.06 $26.31 $27.63 $29.01 $1,909.26 $2,004.73 $2,104.96 $2,210.21 $2,320.72 LIBRARIAN I(HOURLY) 7076 UCHR 1$23.87 $25.061$26.31 $27.63 $29.01 $1,909.26 $2,004.73 $2,104.96 $2,210.21 $2,320.72 LIBRARIAN II 7073 CVEA $26.25 $27.56 $28.94 $30.39 $31.91 $2,100.18 1$2,205.19 $2,315.45 $2,431.22 $2,552.78 LIBRARIAN II(HOURLY) 7074 UCHR $26.25 $27.56 $28.94 $30.39 $31.91 $2,100.18 $2,205.19 $2,315.45 $2,431.22 $2,552.78 LIBRARIAN III 7071 CVEA $28.88 $30.32 $31.84 $33.43 $35.10 $2,310.21 $2,425.73 $2,547.01 $2,674.36 $2,808.08 LIBRARY AIDE 7181 UCHR $10.55 $11.07 $11.63 $12.21 $12.82 $843.66 $885.84 $930.14 $976.64 1$1,025.47 LIBRARY ASSISTANT 7157 CVEA $16.98 $17.83 $18.72 $19.65 $20.63 $1,358.09 $1,426.00 $1,497.29 $1,572.16 1$1,650.77 LIBRARY ASSOCIATE 7091 CVEA $21.461$22.53 $23.66 $24.84 $26.08 1$1,716.48 $1,802.30 $1,892.42 $1,987.04 $2,086.39 LIBRARY ASSOCIATE(HOURLY) 7092 UCHR $21.46 $22.53 $23.66 $24.84 $26.08 $1,716.47 1$1,802.29 $1,892.41 $1,987.03 $2,086.38 LIBRARY DIGITAL SERVICES MGR 7025 MM $40.50 $42.52 $44.65 $46.88 $49.23 $3,239.88 $3,401.88 $3,571.97 $3,750.57 $3,938.10 LIBRARY OPERATIONS MANAGER 7029 MM $46.59 $48.92 $51.37 $53.94 $56.64 $3,727.54 $3,913.92 $4,109.61 $4,315.10 $4,530.85 LIBRARY TECHNICIAN 7121 CVEA $19.52 $20.50 $21.52 $22.60 $23.73 $1,561.81 $1,639.90 $1,721.90 $1,807.99 $1,898.39 LIBRARY TECHNICIAN(HOURLY) 7122 UCHR $19.52 $20.50 $21.52 $22.60 $23.73 $1,561.81 $1,639.90 $1,721.90 $1,807.99 $1,898.39 LIBRARY VISITOR ASSISTANT 7185 UCHR 1$13.25 $13.92 $14.61 $15.34 $16.11 $1,060.32 $1,113.34 $1,169.01 $1,227.46 $1,288.83 LIFEGUARD 1 7587 UCHR $13.82 $14.52 $15.24 $16.00 $16.80 $1,105.96 $1,161.26 1$1,219.33 $1,280.29 $1,344.31 LIFEGUARD 11 7585 UCHR $15.21 $15.97 $16.77 $17.60 $18.48 $1,216.59 $1,277.42 $1,341.29 $1,408.36 1$1,478.77 LOCKSMITH 16443 CVEA $24.80 $26.04 $27.34 $28.71 $30.15 $1,984.09 $2,083.30 $2,187.46 $2,296.84 $2,411.68 MAINTENANCE WORKER I 16377 CVEA $18.01 $18.91 $19.86 $20.85 $21.89 $1,441.00 $1,513.05 $1,588.70 $1,668.14 $1,751.54 MAINTENANCE WORKER I(HRLY) 6379 UCHR $18.01 $18.91 $19.86 $20.85 1 $21.89 1$1,441.00 $1,513.05 $1,588.70 $1,668.14 $1,751.54 Approved and Adopted: Resoly.1_15 Agenda Packet Page 195 9-11Tv n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E MAINTENANCE WORKER II 6373 CVEA $19.81 $20.80 $21.84 $22.94 $24.08 $1,585.11 $1,664.36 $1,747.58 $1,834.96 $1,926.71 MAINTENANCE WORKER II HRLY 6381 UCHR $19.81 $20.80 $21.84 $22.94 $24.08 $1,585.11 $1,664.36 $1,747.58 $1,834.96 $1,926.71 MANAGEMENT ANALYST 0225 CVEA $30.44 $31.96 $33.56 $35.24 $37.00 $2,435.25 $2,557.01 $2,684.86 $2,819.11 $2,960.06 MARKTNG&COMMUNICATIONS MGR 2781 SM $54.18 - $55.71 - $65.86 1$4,334.68 $4,456.95 $5,268.84 MAYOR 2001 MY - - - $59.98 - 1 1$4,798.73 MECHANIC ASSISTANT 6550 CVEA $19.79 $20.78 $21.82 $22.91 $24.06 $1,583.31 $1,662.48 $1,745.60 $1,832.88 $1,924.53 MUSEUM ATTENDANT 7215 UCHR $10.94 $11.49 $12.06 $12.67 $13.30 $875.38 $919.15 $965.11 $1,013.36 $1,064.02 OFFICE SPECIALIST 0161 CVEA $17.52 $18.40 $19.32 $20.29 $21.30 $1,401.88 $1,471.97 $1,545.57 $1,622.85 $1,703.99 OFFICE SPECIALIST(HOURLY) 0160 UCHR $17.52 $18.40 $19.32 $20.29 1 $21.30 $1,401.88 $1,471.97 $1,545.57 $1,622.85 $1,703.99 OFFICE SPECIALIST(MYR/@WILL) 0162 CVEA $17.52 $18.40 $19.32 $20.29 $21.30 $1,401.88 $1,471.97 $1,545.57 $1,622.85 $1,703.99 OFFICE SPECIALIST(MYR/AW/HR) 0156 UCHR $17.52 $18.40 $19.32 $20.29 $21.30 $1,401.88 $1,471.97 $1,545.57 $1,622.85 $1,703.99 OPEN SPACE INSPECTOR 6311 CVEA $28.42 $29.84 $31.33 $32.90 $34.55 $2,273.73 $2,387.41 $2,506.79 $2,632.12 $2,763.73 OPEN SPACE MANAGER 6302 MM $39.50 $41.48 $43.55 $45.73 $48.02 $3,160.31 $3,318.32 $3,484.24 $3,658.45 $3,841.37 OPS&TELECOM MGR 3025 MM $41.78 $43.87 $46.06 $48.36 $50.78 $3,342.15 $3,509.26 $3,684.72 $3,868.96 $4,062.41 PAINTER 6434 CVEA $23.67 $24.86 $26.10 $27.41 $28.78 $1,893.92 $1,988.61 $2,088.04 $2,192.45 $2,302.07 PARK RANGER 7434 UCHR $13.25 $13.91 $14.61 $15.34 $16.10 $1,059.90 $1,112.89 $1,168.53 $1,226.96 $1,288.31 PARK RANGER SUPERVISOR 74411 CVEA $30.201$31.71 $33.30 $34.96 $36.71 $2,416.02 1$2,536.82 $2,663.66 $2,796.84 $2,936.68 PARKING ENFORCEMENT OFFICER 5154 CVEA $17.71 $18.60 $19.53 $20.50 $21.53 $1,416.91 $1,487.75 $1,562.14 $1,640.25 $1,722.26 PARKING METER TECH(HOURLY) 3694 UCHR $19.48 $20.46 $21.48 $22.55 $23.68 $1,558.60 $1,636.53 $1,718.36 $1,804.27 $1,894.49 PARKING METER TECHNICIAN 3693 CVEA $19.48 $20.46 $21.481 $22.55 $23.68 $1,558.60 $1,636.53 $1,718.36 $1,804.27 $1,894.49 PARKS MANAGER 6604 MM $39.51 $41.48 $43.56 $45.73 $48.02 $3,160.52 $3,318.55 $3,484.48 $3,658.70 $3,841.64 PARKS OPERATIONS MANAGER 6610 MM $46.33 $48.65 $51.08 $53.63 $56.32 $3,706.53 $3,891.86 $4,086.45 1$4,290.77 $4,505.31 PARKS SUPERVISOR 66051 CVEA $30.20 $31.71 $33.30 $34.96 $36.71 $2,416.02 1$2,536.82 $2,663.66 $2,796.84 $2,936.68 PEACE OFFICER 5061 POA $34.30 $36.02 $37.82 $39.71 $41.69 $2,744.04 $2,881.24 $3,025.30 $3,176.57 $3,335.39 PERFORMANCE&ORG DEV MGR 2758 SM $51.69 - - - $62.03 $4,135.26 $4,962.28 PLAN CHECK SUPERVISOR 4731 MM $45.63 $47.91 $50.30 $52.82 $55.46 $3,650.11 $3,832.62 $4,024.25 $4,225.46 $4,436.73 PLAN CHECK TECHNICIAN 4753 CVEA $27.19 $28.55 $29.97 $31.47 $33.04 $2,174.87 $2,283.61 $2,397.79 $2,517.68 $2,643.56 PLANNING MANAGER 4727 SM $53.84 - - - $64.96 $4,307.47 $5,196.46 PLANNING TECHNICIAN 45271 CVEA $22.34 $23.45 $24.63 $25.86 $27.15 $1,786.97 $1,876.32 $1,970.13 $2,068.64 $2,172.07 PLUMBER 6432 CVEA $26.04 $27.341$28.71 $30.15 $31.65 $2,083.30 $2,187.46 $2,296.84 $2,411.68 $2,532.26 POLICE ADMIN SVCS ADMINISTRATO 5025 SM $52.66 - - - $64.01 $4,212.83 1$5,120.54 POLICE AGENT 5051 POA $37.77 $39.66 $41.64 $43.72 $45.91 $3,021.63 $3,172.71 $3,331.35 $3,497.91 1$3,672.81 POLICE CADET 5427 UCHR $11.22 $11.78 $12.37 $12.98 $13.63 $897.24 $942.10 $989.20 $1,038.66 $1,090.60 POLICE CAPTAIN 5022 SM $69.81 - - - $84.85 $5,584.99 - - - $6,788.31 POLICE COMM REL SPECIALIST 52581 CVEA $22.87 $24.01 $25.21 $26.48 $27.80 $1,829.62 $1,921.10 $2,017.16 $2,118.02 $2,223.92 POLICE COMM SYSTEMS MANAGER 5185 MM $41.78 $43.87 $46.06 $48.37 $50.79 $3,342.54 $3,509.66 $3,685.15 $3,869.40 $4,062.87 POLICE DISPATCHER 5181 CVEA $26.30 $27.61 $29.00 $30.44 $31.97 $2,103.95 $2,209.15 $2,319.60 $2,435.59 $2,557.36 POLICE DISPATCHER(HOURLY) 5180 UCHR $26.30 $27.61 $29.00 $30.44 $31.97 $2,103.95 $2,209.15 $2,319.60 $2,435.59 $2,557.36 POLICE DISPATCHER SUPERVISOR 5183 CVEA $30.24 $31.76 $33.34 $35.01 $36.76 $2,419.54 $2,540.52 $2,667.54 $2,800.92 $2,940.97 POLICE DISPATCHER TRAINEE 15179 CVEA $23.91 $25.10 $26.36 $27.68 $29.06 $1,912.68 $2,008.32 $2,108.73 $2,214.17 $2,324.88 POLICE LIEUTENANT 5031 POA $52.14 $54.751$57.49 $60.36 $63.38 $4,171.25 $4,379.81 $4,598.80 $4,828.74 $5,070.18 POLICE REC&SUPPORT SUPV 5203 CVEA 1$23.18 $24.33 $25.55 $26.83 1 $28.17 $1,854.02 $1,946.72 $2,044.05 $2,146.25 $2,253.57 POLICE RECORDS SPEC(HOURLY) 0166 UCHR $17.52 $18.40 $19.32 $20.29 $21.30 $1,401.90 $1,472.00 $1,545.60 $1,622.88 $1,704.02 POLICE RECORDS SPECIALIST 0165 CVEA $17.52 $18.40 $19.32 $20.29 $21.30 $1,401.90 $1,472.00 $1,545.60 $1,622.88 $1,704.02 POLICE RECRUIT 5071 CVEA $25.79 $27.08 - - - $2,063.47 $2,166.64 POLICE SERGEANT 5041 POA $43.45 $45.62 $47.90 $50.30 $52.81 $3,475.78 $3,649.57 $3,832.04 $4,023.65 $4,224.83 POLICE SERVICES OFF(HOURLY) 5133 UCHR $23.571$24.75 $25.99 $27.29 $28.65 $1,885.90 $1,980.20 $2,079.21 $2,183.17 $2,292.33 POLICE SERVICES OFFICER 5131 CVEA $23.57 $24.75 $25.99 $27.29 1 $28.65 $1,885.90 $1,980.19 $2,079.20 $2,183.16 $2,292.32 POLICE SERVICES TECHNICIAN 5415 CVEA $22.49 $23.61 $24.80 $26.04 $27.34 $1,799.22 1$1,889.18 $1,983.64 $2,082.82 $2,186.96 POLICE SUPPORT SERVICES MGR 5205 MM $40.44 $42.46 $44.59 $46.81 $49.16 $3,235.23 $3,396.99 $3,566.84 $3,745.18 $3,932.44 POLICE SVCS OFFICER SUPERVISOR 5132 CVEA $27.11 $28.47 $29.89 $31.38 $32.95 $2,168.77 $2,277.21 $2,391.07 $2,510.63 $2,636.16 POLICE TECH SPECIALIST(HRLY) 5108 UCHR $35.56 $37.33 $39.20 $41.16 $43.22 $2,844.43 $2,986.65 $3,135.98 $3,292.78 $3,457.42 POLICE TECHNOLOGY SPECIALIST 51071 CVEA $35.56 $37.33 $39.20 $41.16 $43.22 $2,844.43 $2,986.65 $3,135.98 1$3,292.78 $3,457.42 POLICY AIDE 2013 PRUC $26.22 $27.53 $28.91 $30.36 $31.88 1$2,097.89 $2,202.79 $2,312.93 $2,428.57 $2,550.00 PRINCIPAL CIVIL ENGINEER 6021 MM $50.08 $52.59 $55.22 $57.98 $60.88 $4,006.69 $4,207.02 $4,417.37 $4,638.24 $4,870.15 PRINCIPAL ECONOMIC DEV SPEC 2724 PROF $46.57 $48.90 $51.34 $53.91 $56.61 $3,725.59 $3,911.87 $4,107.46 $4,312.83 $4,528.47 PRINCIPAL HR ANALYST 3305 MMCF $43.19 $45.35 $47.61 $49.99 $52.49 $3,454.94 $3,627.69 $3,809.07 $3,999.53 $4,199.50 PRINCIPAL LANDSCAPE ARCHITECT 4486 MM $46.57 $48.90 $51.34 $53.91 $56.61 $3,725.59 $3,911.87 $4,107.46 $4,312.83 $4,528.47 PRINCIPAL LIBRARIAN 7051 MM $40.50 $42.52 $44.65 $46.88 1 $49.23 $3,239.88 $3,401.88 1$3,571.97 1$3,750.57 $3,938.10 PRINCIPAL MANAGEMENT ANALYST 02081 PROF $38.66 $40.60 $42.63 $44.76 $47.00 $3,093.12 $3,247.78 $3,410.17 $3,580.68 $3,759.71 PRINCIPAL MGMT ANALYST(CONF) 0214 PRCF $38.66 $40.60 $42.63 $44.76 $47.00 $3,093.12 $3,247.78 $3,410.17 $3,580.68 $3,759.71 Approved and Adopted: Resoly.1_15 Agenda Packet Page 196 9-11Tv n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E PRINCIPAL PLANNER 4431 MM $46.57 $48.90 $51.34 $53.91 $56.61 $3,725.59 $3,911.87 $4,107.46 $4,312.83 $4,528.47 PRINCIPAL PROJECT COORDINATOR 4212 PROF $46.57 $48.90 $51.34 $53.91 $56.61 $3,725.59 $3,911.87 $4,107.46 $4,312.83 $4,528.47 PRINCIPAL RECREATION MANAGER 7410 MM $39.51 $41.48 $43.56 $45.73 $48.02 $3,160.51 $3,318.53 $3,484.46 $3,658.68 $3,841.62 PROCUREMENT SPECIALIST 3721 CVEA $27.63 $29.02 $30.47 $31.99 $33.59 $2,210.72 $2,321.25 $2,437.31 $2,559.18 $2,687.14 PROGRAMMER ANALYST 30901 PROF $33.851$35.54 $37.32 $39.18 $41.14 $2,707.68 1$2,843.07 $2,985.22 $3,134.48 $3,291.20 PROJECT COORDINATOR I 4217 CVEA $29.35 $30.82 $32.36 $33.98 $35.68 $2,348.03 $2,465.43 $2,588.70 $2,718.13 $2,854.04 PROJECT COORDINATOR I(HRLY) 4218 UCHR $29.35 $30.82 $32.36 $33.98 $35.68 $2,348.03 $2,465.43 $2,588.70 $2,718.13 $2,854.04 PROJECT COORDINATOR II 4215 CVEA $32.29 $33.90 $35.59 $37.37 $39.24 $2,582.83 $2,711.97 $2,847.57 $2,989.95 $3,139.45 PROJECT COORDINATOR II(HRLY) 4216 UCHR $32.29 $33.90 $35.59 $37.37 $39.24 $2,582.83 $2,711.97 $2,847.57 $2,989.95 $3,139.45 PROPERTY&EVIDENCE SPECIALIST 5127 CVEA $19.48 $20.46 $21.48 $22.55 $23.68 $1,558.60 $1,636.53 $1,718.36 $1,804.27 $1,894.49 PUB WORKS SPECIALIST 6712 CVEA $22.65 1$23.79 $24.98 $26.23 $27.54 $1,812.39 1$1,903.00 $1,998.15 1$2,098.06 $2,202.97 PUBLIC INFORMATION SPECIALIST 2782 CONF $27.82 $29.21 $30.67 $32.20 $33.81 $2,225.44 $2,336.72 $2,453.55 $2,576.23 $2,705.04 PUBLIC SAFETY ANALYST 5254 CVEA $30.44 $31.96 $33.56 $35.24 $37.00 $2,435.25 $2,557.01 $2,684.86 $2,819.11 $2,960.06 PUBLIC WORKS INSP 1 6123 CVEA $28.42 $29.84 $31.33 $32.90 $34.55 $2,273.73 $2,387.41 $2,506.79 $2,632.12 $2,763.73 PUBLIC WORKS INSP 11 6121 CVEA $31.26 $32.83 $34.47 $36.19 $38.00 $2,501.10 $2,626.15 $2,757.46 $2,895.33 $3,040.10 PUBLIC WORKS MANAGER 6336 MM $39.50 $41.48 $43.551 $45.73 $48.02 1$3,160.31 $3,318.32 $3,484.24 $3,658.45 $3,841.37 PUBLIC WORKS SUPERVISOR 6337 CVEA $30.201$31.71 $33.30 $34.96 $36.71 $2,416.02 $2,536.82 $2,663.66 $2,796.84 $2,936.68 PUMP MAINT TECHNICIAN 6396 CVEA $25.80 $27.09 $28.44 $29.87 $31.36 $2,064.01 $2,167.22 $2,275.58 $2,389.35 $2,508.82 PUMP MAINTENANCE SUPERVISOR 6392 CVEA $30.24 $31.75 $33.33 $35.00 $36.75 $2,418.82 $2,539.76 $2,666.75 $2,800.08 $2,940.09 PURCHASING AGENT 3711 SM $47.32 - - - $57.51 $3,785.24 $4,600.97 RANGE MASTER 5417 CVEA $21.43 $22.50 $23.63 $24.81 $26.05 $1,714.46 $1,800.18 $1,890.19 $1,984.70 $2,083.93 RANGE MASTER(HOURLY) 5418 UCHR 1$21.01 $22.061$23.16 $24.32 1 $25.54 $1,680.84 1$1,764.88 $1,853.12 $1,945.78 $2,043.07 RCFL NETWORK ENGINEER 5450 UCHR $31.93 $33.53 $35.20 $36.96 $38.81 $2,554.37 $2,682.08 $2,816.19 1$2,956.99 $3,104.84 REAL PROPERTY MANAGER 6037 MMUC $43.36 $45.53 $47.81 $50.20 $52.71 $3,469.11 $3,642.56 $3,824.69 $4,015.92 $4,216.72 RECAIDE 7605 UCHR $10.00 $10.50 $11.03 $11.58 $12.16 $800.32 $840.34 $882.36 $926.48 $972.80 REC SPECIALIST 7601 UCHR $15.80 $16.59 $17.42 $18.30 $19.21 $1,264.33 $1,327.55 $1,393.92 $1,463.62 $1,536.80 REC SUPERVISOR I(HOURLY) 7426 UCHR $22.75 $23.89 $25.08 $26.34 $27.65 $1,820.10 $1,911.10 $2,006.66 $2,106.99 $2,212.34 RECORDS MANAGER 2211 MM 1$32.20 $33.811$35.50 $37.28 $39.14 1$2,576.31 $2,705.13 $2,840.38 $2,982.40 $3,131.52 RECORDS SPECIALIST 2217 CVEA $19.28 $20.24 $21.25 $22.31 $23.43 $1,542.09 $1,619.20 $1,700.16 $1,785.17 $1,874.42 RECREATION LEADER 1 7609 UCHR $11.45 $12.02 $12.63 $13.26 $13.92 $916.16 $961.97 $1,010.07 $1,060.57 $1,113.60 RECREATION LEADER 11 7607 UCHR $13.17 $13.83 $14.52 $15.25 $16.01 $1,053.72 $1,106.40 $1,161.72 $1,219.81 $1,280.80 RECREATION SUPERVISOR 1 7425 CVEA $22.75 $23.89 $25.08 $26.34 $27.65 $1,820.10 $1,911.10 $2,006.66 $2,106.99 $2,212.34 RECREATION SUPERVISOR 11 74231 CVEA $25.03 $26.28 $27.591 $28.97 $30.42 $2,002.11 $2,102.22 $2,207.33 $2,317.69 $2,433.58 RECREATION SUPERVISOR 111 7422 CVEA $28.781$30.22 $31.73 $33.32 $34.98 1$2,302.44 $2,417.56 $2,538.44 $2,665.36 1$2,798.63 RECYCLING SPECIALIST 1 2742 CVEA $22.44 $23.57 $24.74 $25.98 $27.28 $1,795.43 $1,885.20 $1,979.46 $2,078.43 $2,182.35 RECYCLING SPECIALIST 11 2744 CVEA $24.69 $25.92 $27.22 $28.58 $30.01 $1,974.97 $2,073.72 $2,177.41 $2,286.28 $2,400.59 REDEVELOPMENT MANAGER 4045 SM $48.68 - - - $59.17 $3,894.07 $4,733.27 REGISTERED VET TECH(HOURLY) 5312 UCHR $21.43 $22.501$23.63 $24.81 $26.05 $1,714.46 $1,800.18 $1,890.19 $1,984.70 $2,083.93 REGISTERED VETERINARY TECH 5307 CVEA 1$21.43 $22.50 $23.63 $24.81 1 $26.05 $1,714.46 .$1,800.18 $1,890.19 $1,984.70 $2,083.93 RESERVE OFFICER 5081 UCHR $14.24 $14.95 $15.69 - - $1,139.42 $1,195.85 $1,255.53 1 - - RET ANNT-HOMELESS OUTREACH 9901 UCHR $37.77 $39.66 $41.64 $43.72 $45.91 $3,021.63 $3,172.71 $3,331.35 $3,497.91 $3,672.81 RISK MANAGEMENT SPECIALIST 3367 PRCF $32.51 $34.14 $35.84 $37.64 $39.52 $2,600.99 $2,731.04 $2,867.59 $3,010.97 $3,161.52 RISK MANAGER 3361 SM $49.28 - - - $59.90 $3,942.28 - - - $4,791.92 SCHOOL CROSSING GUARD 5143 UCHR $10.05 $10.551$11.08 $11.64 $12.22 $804.19 $844.39 $886.62 $930.94 $977.49 SEASONAL ASSISTANT 0231 UCHR 1 $9.55 $10.03 $10.53 $11.06 1 $11.61 $764.21 $802.42 $842.54 $884.67 $928.90 SECRETARY 0171 CVEA $19.28 $20.24 $21.25 $22.31 1 $23.43 $1,542.09 $1,619.20 $1,700.16 $1,785.17 $1,874.42 SECRETARY(HOURLY) 0152 UCHR $19.28 $20.24 $21.25 $22.31 $23.43 $1,542.10 $1,619.21 $1,700.17 $1,785.17 $1,874.43 SIGNAL SYSTEMS ENGINEER 1 6169 CVEA $32.67 $34.31 $36.02 $37.83 $39.72 $2,613.99 $2,744.69 $2,881.92 $3,026.02 $3,177.32 SIGNAL SYSTEMS ENGINEER 11 6170 CVEA $35.94 $37.74 $39.63 $41.61 $43.69 $2,875.39 $3,019.16 $3,170.11 $3,328.62 $3,495.05 SIG NING&STRIPING SUPERVISOR 6355 CVEA $30.201$31.71 $33.30 $34.96 $36.71 1$2,416.02 $2,536.82 $2,663.66 $2,796.84 $2,936.68 SPECIAL EVENTS COORDINATOR 27991 PRUC $37.16 $39.02 $40.97 $43.02 $45.17 $2,972.66 $3,121.29 $3,277.36 $3,441.23 $3,613.29 SR ACCOUNTANT 3630 MMCF $39.61 $41.59 $43.67 $45.85 $48.14 $3,168.48 $3,326.90 $3,493.25 $3,667.91 $3,851.31 SR ACCOUNTING ASST 3651 CVEA $22.90 $24.05 $25.25 $26.52 $27.84 $1,832.37 $1,923.99 $2,020.19 $2,121.20 $2,227.26 SR ADMINISTRATIVE SECRETARY 0145 CONF $27.07 $28.43 $29.85 $31.34 $32.91 $2,165.96 $2,274.25 $2,387.97 $2,507.36 $2,632.73 SR ADMINISTRATIVE SECRETARY 0185 CVEA $27.07 $28.43 $29.85 $31.34 $32.91 $2,165.96 $2,274.25 $2,387.97 $2,507.36 $2,632.73 SR ANIMAL CARE SPECIALIST 5345 CVEA $20.541$21.56 $22.64 $23.77 $24.96 1$1,643.01 $1,725.16 $1,811.42 $1,901.99 $1,997.09 SR APPL SUPPORT SPEC(HRLY) 3099 UCHR $37.61 $39.49 $41.46 $43.53 $45.71 $3,008.54 $3,158.96 $3,316.91 $3,482.76 $3,656.89 SR APPLICATIONS SUPPORT SPEC 3089 PROF $37.61 $39.49 $41.46 $43.53 $45.71 $3,008.54 $3,158.96 $3,316.91 $3,482.76 $3,656.89 SR ASST CITY ATTORNEY 2403 EXEC $74.32 - - - $90.34 $5,945.98 $7,227.37 SR BUILDING INSPECTOR 4781 CVEA $35.95 $37.751$39.64 $41.62 $43.70 $2,876.25 1$3,020.06 $3,171.07 $3,329.62 $3,496.10 SR BUSINESS LICENSE REP 14507 CVEA 1$22.90 $24.051$25.25 $26.52 1 $27.84 $1,832.37 1$1,923.99 1$2,020.19 $2,121.20 $2,227.26 Approved and Adopted: ResoI064YiyY.1_15 Agenda Packet Page 197 9-11Tv n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E SR CIVIL ENGINEER 6019 WCE $45.10 $47.35 $49.72 $52.21 $54.82 $3,607.87 $3,788.26 $3,977.68 $4,176.56 $4,385.39 SR CODE ENFORCEMENT OFF 4763 CVEA $34.35 $36.07 $37.87 $39.77 $41.76 $2,748.17 $2,885.58 $3,029.86 $3,181.35 $3,340.42 SR CONSERVATION SPECIALIST 6204 CVEA $28.39 $29.81 $31.30 $32.87 $34.51 $2,271.23 $2,384.79 $2,504.03 $2,629.23 $2,760.69 SR COUNCIL ASST 2027 CONF $21.13 $22.19 $23.30 $24.47 $25.69 1$1,690.72 $1,775.25 $1,864.01 $1,957.21 $2,055.08 SR COUNCIL ASST 20251 UCHR $25.451$26.73 $28.06 $29.47 $30.94 $2,036.31 $2,138.13 $2,245.03 $2,357.28 $2,475.15 SR DEPUTY CITY CLERK 2208 PRUC $32.18 $33.78 $35.47 $37.25 $39.11 $2,574.07 $2,702.77 $2,837.91 $2,979.81 $3,128.80 SR ECONOMIC DEV SPEC 2725 PROF $37.25 $39.12 $41.07 $43.12 $45.28 $2,980.19 $3,129.20 $3,285.66 $3,449.94 $3,622.44 SR ELECTRICIAN 6442 CVEA $29.95 $31.44 $33.02 $34.67 $36.40 $2,395.80 $2,515.59 $2,641.37 $2,773.44 $2,912.11 SR ELECTRONICS TECHNICIAN 6471 CVEA $32.94 $34.59 $36.32 $38.14 1 $40.04 $2,635.44 $2,767.21 $2,905.57 $3,050.85 $3,203.39 SR ENGINEERING TECHNICIAN 6059 CVEA $31.26 $32.83 $34.47 $36.19 $38.00 $2,501.10 1$2,626.15 $2,757.46 $2,895.33 $3,040.10 SR EQUIPMENT MECHANIC 65121 CVEA 1$28.26 $29.67 $31.16 $32.71 $34.35 $2,260.80 $2,373.84 $2,492.53 $2,617.15 $2,748.01 SR FIRE INSP/INVEST 5529 IAFF $36.49 $38.31 $40.23 $42.24 $44.35 $2,918.98 $3,064.93 $3,218.18 $3,379.09 $3,548.04 SR FISCAL OFF SPEC(HRLY) 0176 UCHR $20.24 $21.25 $22.31 $23.43 $24.60 $1,619.19 $1,700.15 $1,785.16 $1,874.42 $1,968.14 SR FISCAL OFFICE SPECIALIST 0141 CONF $20.24 $21.25 $22.31 $23.43 $24.60 $1,619.19 $1,700.15 $1,785.16 $1,874.42 $1,968.14 SR FISCAL OFFICE SPECIALIST 0175 CVEA $20.24 $21.25 $22.311 $23.43 $24.60 $1,619.19 $1,700.15 $1,785.16 $1,874.42 $1,968.14 SR GARDENER 6621 CVEA $23.78 $24.97 $26.21 $27.52 $28.90 $1,902.13 $1,997.24 $2,097.10 $2,201.96 $2,312.05 SR GIS SPECIALIST 3080 CVEA 1$32.32 $33.94 $35.64 $37.42 $39.29 $2,585.85 $2,715.15 $2,850.90 $2,993.45 $3,143.12 SR GRAPHIC DESIGNER 2764 PROF $33.67 $35.35 $37.12 $38.98 $40.92 $2,693.51 $2,828.18 $2,969.59 $3,118.07 $3,273.98 SR HR ANALYST 3308 PRCF $37.39 $39.26 $41.22 $43.28 $45.45 $2,991.27 $3,140.84 $3,297.88 $3,462.77 $3,635.91 SR HUMAN RESOURCES TECHNICIAN 3316 CONF $26.89 $28.24 $29.65 $31.13 $32.69 $2,151.42 $2,258.99 $2,371.94 $2,490.54 $2,615.07 SR HVAC TECHNICIAN 6441 CVEA $29.95 $31.44 $33.02 $34.67 $36.40 $2,395.80 1$2,515.59 $2,641.37 $2,773.44 $2,912.11 SR INFO TECH SUPPORT SPEC 3012 PROF $37.61 $39.49 $41.46 $43.53 $45.71 $3,008.54 $3,158.96 $3,316.91 $3,482.76 $3,656.89 SR LAND SURVEYOR 6285 WCE 1$45.10 $47.35 $49.72 $52.21 $54.82 $3,607.87 $3,788.26 $3,977.68 $4,176.56 $4,385.39 SR LANDSCAPE INSPECTOR 6295 CVEA $32.68 $34.32 $36.03 $37.84 $39.73 $2,614.78 $2,745.52 $2,882.79 $3,026.93 $3,178.28 SR LATENT PRINT EXAMINER 5110 CVEA $38.59 $40.52 $42.55 $44.67 $46.91 $3,087.21 $3,241.57 $3,403.65 $3,573.83 1$3,752.52 SR LEGAL ASSISTANT 2463 CONF $27.34 $28.71 $30.15 $31.65 $33.24 $2,187.40 $2,296.77 $2,411.61 $2,532.19 $2,658.80 SR LIBRARIAN 7053 MM $32.16 $33.76 $35.45 $37.23 $39.09 $2,572.53 $2,701.16 $2,836.22 $2,978.03 $3,126.93 SR LIFEGUARD 7589 UCHR $16.72 $17.55 $18.43 $19.35 $20.32 $1,337.40 $1,404.27 $1,474.48 $1,548.21 $1,625.62 SR MAINTENANCE WORKER 6371 CVEA 1$23.78 $24.97 $26.21 $27.52 $28.90 $1,902.13 $1,997.24 $2,097.10 $2,201.96 $2,312.05 SR MANAGEMENT ANALYST 0206 PROF $35.15 $36.911$38.75 $40.69 1 $42.72 $2,811.91 $2,952.51 $3,100.13 $3,255.14 $3,417.90 SR OFFICE SPECIALIST 0173 CVEA $19.28 $20.24 $21.25 $22.31 $23.43 $1,542.09 $1,619.20 $1,700.16 $1,785.17 $1,874.42 SR OFFICE SPECIALIST(HOURLY) 0174 UCHR $19.28 $20.24 $21.25 $22.31 $23.43 1$1,542.10 $1,619.21 $1,700.17 $1,785.17 $1,874.43 SR OPEN SPACE INSPECTOR 6309 CVEA $32.68 $34.32 $36.04 $37.84 $39.73 $2,614.79 $2,745.53 $2,882.80 $3,026.94 $3,178.29 SR PARK RANGER 7439 CVEA $23.78 $24.97 $26.21 $27.52 $28.90 $1,902.13 $1,997.24 $2,097.10 $2,201.96 $2,312.05 SR PLAN CHECK ENGINEER 47461 WCE $43.14 $45.29 $47.56 $49.94 $52.43 $3,451.01 $3,623.57 $3,804.74 1$3,994.98 $4,194.73 SR PLAN CHECK TECHNICIAN 4751 CVEA $31.26 $32.831$34.47 $36.19 $38.00 $2,501.10 $2,626.15 $2,757.46 $2,895.33 $3,040.10 SR PLANNER 4432 PROF $37.25 $39.12 $41.07 $43.12 $45.28 $2,980.19 $3,129.20 $3,285.66 $3,449.94 $3,622.44 SR PLANNING TECHNICIAN 4529 CVEA $25.69 $26.97 $28.32 $29.74 $31.22 $2,055.01 $2,157.76 $2,265.65 $2,378.93 $2,497.88 SR POLICE RECORDS SPECIALIST 0135 CVEA $20.15 $21.16 $22.22 $23.33 $24.50 $1,612.20 $1,692.81 $1,777.45 $1,866.32 $1,959.63 SR POLICE TECHNOLOGY SPEC 5109 PROF $40.89 $42.93 $45.08 $47.33 $49.70 $3,271.10 $3,434.65 $3,606.39 $3,786.71 $3,976.04 SR PROCUREMENT SPECIALIST 37281 PROF $30.56 $32.08 $33.69 $35.37 $37.14 $2,444.55 $2,566.77 $2,695.11 $2,829.87 $2,971.36 SR PROGRAMMER ANALYST 3091 PROF $38.70 $40.641$42.67 $44.80 $47.04 $3,096.11 $3,250.92 $3,413.46 $3,584.13 1$3,763.34 SR PROJECT COORDINATOR 4214 PROF $37.25 $39.12 $41.07 $43.12 $45.28 $2,980.19 1$3,129.20 $3,285.66 $3,449.94 $3,622.44 SR PROP&EVIDENCE SPECIALIST 5125 CVEA $22.40 $23.53 $24.70 $25.94 $27.23 $1,792.39 $1,882.01 $1,976.11 $2,074.91 $2,178.66 SR PUBLIC SAFETY ANALYST 5260 PROF $33.66 $35.34 $37.11 $38.97 $40.91 $2,692.83 $2,827.47 $2,968.84 $3,117.29 $3,273.15 SR PUBLIC WORKS INSP 6101 CVEA $35.95 $37.75 $39.64 $41.62 $43.70 $2,876.26 $3,020.07 $3,171.08 $3,329.63 $3,496.11 SR PUBLIC WORKS SPECIALIST 67021 CVEA $27.19 $28.55 $29.97 $31.47 $33.04 $2,174.86 $2,283.60 $2,397.78 $2,517.67 $2,643.55 SR RECORDS SPECIALIST 22151 CVEA $22.171$23.28 $24.441 $25.66 $26.94 1$1,773.41 $1,862.08 $1,955.18 1$2,052.94 $2,155.59 SR RECREATION MGR 7421 MM $32.46 $34.08 $35.78 $37.57 $39.45 $2,596.59 $2,726.41 $2,862.74 $3,005.87 $3,156.17 SR RECYCLING SPECIALIST 2746 CVEA $28.39 $29.81 $31.30 $32.87 $34.51 $2,271.23 $2,384.79 $2,504.03 $2,629.23 $2,760.69 SR RISK MANAGEMENT SPECIALIST 3365 PRCF $37.39 $39.26 $41.22 $43.28 $45.45 $2,991.27 $3,140.84 $3,297.88 $3,462.77 $3,635.91 SR SECRETARY 0139 CONF $21.20 $22.26 $23.38 $24.55 $25.77 $1,696.30 $1,781.12 $1,870.18 $1,963.68 $2,061.87 SR SECRETARY 0177 CVEA $21.20 $22.261$23.38 $24.55 1 $25.77 $1,696.30 $1,781.12 $1,870.18 $1,963.68 $2,061.87 SR SECRETARY(HOURLY) 0178 UCHR 1$21.20 $22.26 $23.38 $24.55 $25.77 $1,696.30 $1,781.11 $1,870.17 1$1,963.67 $2,061.86 SR TREE TRIMMER 6573 CVEA $26.15 $27.46 $28.84 $30.28 $31.79 $2,092.34 $2,196.95 $2,306.80 $2,422.14 $2,543.25 SR WEBMASTER 2779 PROF $33.79 $35.48 $37.26 $39.12 $41.07 $2,703.38 $2,838.55 $2,980.48 $3,129.51 $3,285.98 STOREKEEPER 3734 CVEA $19.81 $20.80 $21.84 $22.94 $24.08 $1,585.11 $1,664.36 $1,747.58 $1,834.96 $1,926.71 STOREKEEPER SUPERVISOR 13732 CVEA $23.78 $24.97 $26.21 $27.52 $28.90 $1,902.13 $1,997.24 $2,097.10 $2,201.96 $2,312.05 STORMWTR COMPLNCE INSP I 161271 CVEA $25.841$27.131$28.491 $29.91 1 $31.41 1$2,067.02 1$2,170.37 111$2,278.89 $2,392.83 $2,512.47 STORMWTR COMPLNCE INSP II 161251 CVEA 1$28.421$29.841$31.331 $32.90 1 $34.55 1$2,273.73 1$2,387.41 1$2,506.79 1$2,632.12 $2,763.73 SUPV PUBLIC SAFETY ANALYST 152411 MM 1$38.711$40.641$42.681 $44.81 1 $47.05 1$3,096.75 1$3,251.59 1$3,414.17 1$3,584.88 $3,764.12 Approved and Adopted: ResoI064YiyY.1_15 Agenda Packet Page 198 rrry n_G Fiscal Year 2016-2017 Compensation Schedule CHU X VISTA Effective November 25,2016 Hourly Rate Biweekly Rate POSITION TITLE PCN BARG Step A Step B Step C Step D Step E Step A Step B Step C Step D Step E SURVEY TECHNICIAN 1 6151 CVEA $24.71 $25.95 $27.25 $28.61 $30.04 $1,977.15 $2,076.00 $2,179.80 $2,288.79 $2,403.23 SURVEY TECHNICIAN 11 6141 CVEA $27.19 $28.55 $29.97 $31.47 $33.04 $2,174.86 $2,283.60 $2,397.78 $2,517.67 $2,643.55 SYSTEMS/DATABASE ADMINISTRATR 3015 PROF $37.60 $39.48 $41.46 $43.53 $45.71 $3,008.28 $3,158.70 $3,316.63 $3,482.46 $3,656.59 TELECOMMUNICATIONS SPECIALIST 3027 CVEA $22.87 $24.02 $25.22 $26.48 $27.80 $1,829.79 $1,921.28 $2,017.34 $2,118.21 $2,224.12 TINYTOTAIDE 75031 UCHR $13.171$13.83 $14.52 $15.25 $16.01 $1,053.72 $1,106.40 $1,161.72 $1,219.81 $1,280.80 TINY TOT SPECIALIST 7505 UCHR $15.80 $16.59 $17.42 $18.30 $19.21 $1,264.33 $1,327.55 $1,393.92 $1,463.62 $1,536.80 TRAFFIC CONTROL ASSISTANT 5155 UCHR - - - - $15.69 $1,255.20 TRAFFIC DEVICES TECH 6177 CVEA $28.65 $30.08 $31.58 $33.16 $34.82 $2,291.69 $2,406.27 $2,526.58 $2,652.91 $2,785.56 TRAFFIC DEVICES TECH SUPV 6175 CVEA $32.94 $34.59 $36.32 $38.14 $40.04 $2,635.44 $2,767.21 $2,905.57 $3,050.85 $3,203.39 TRAFFIC ENGINEER 6024 PROF $38.88 $40.82 $42.86 $45.01 $47.26 $3,110.23 1$3,265.74 $3,429.03 $3,600.48 $3,780.51 TRAFFIC OFFICER(HOURLY) 52931 UCHR $14.241$14.95 $15.69 - - $1,139.42 $1,195.84 $1,255.53 - - TRAINING PROGRAM SPEC(HRLY) 5250 UCHR $22.87 $24.01 $25.21 $26.48 $27.80 $1,829.62 $1,921.10 $2,017.16 $2,118.02 $2,223.92 TRAINING PROGRAMS SPECIALIST 5262 CVEA $22.87 $24.01 $25.21 $26.48 $27.80 $1,829.62 $1,921.10 $2,017.16 $2,118.02 $2,223.92 TRANS ENGINEER W/CERT 6031 WCE $45.10 $47.35 $49.72 $52.21 $54.82 $3,607.87 $3,788.26 $3,977.68 $4,176.56 $4,385.39 TRANS ENGINEER W/O CERT 6033 WCE $42.95 $45.10 $47.35 $49.72 $52.21 $3,436.07 $3,607.87 $3,788.27 $3,977.68 $4,176.56 TRANSIT MANAGER 6218 MMUC 1$46.60 $48.931$51.38 $53.95 $56.65 $3,728.26 1$3,914.68 $4,110.41 $4,315.93 $4,531.73 TREE TRIMMER 6575 CVEA $21.80 $22.89 $24.03 $25.23 $26.49 $1,743.62 $1,830.80 $1,922.34 $2,018.45 $2,119.38 TREE TRIMMER SUPERVISOR 6572 CVEA $30.08 $31.58 $33.16 $34.82 $36.56 $2,406.20 $2,526.51 $2,652.83 $2,785.47 $2,924.75 VETERINARIAN 1 5335 PROF $38.17 $40.08 $42.08 $44.18 $46.39 $3,053.45 $3,206.12 $3,366.43 $3,534.75 $3,711.48 VETERINARIAN II 5333 PROF $43.89 $46.09 $48.39 $50.81 $53.35 $3,511.46 $3,687.03 $3,871.38 $4,064.95 $4,268.20 VETERINARIAN(HOURLY) 5308 UCHR $46.77 $49.11 $51.57 $54.15 $56.85 $3,741.96 $3,929.06 $4,125.51 $4,331.78 $4,548.37 VETERINARIAN(PERMITTED) 5331 PROF 1$53.74 $56.431$59.25 $62.21 $65.32 $4,299.25 1$4,514.21 $4,739.92 $4,976.92 $5,225.77 VETERINARIAN-PERMITTED 5322 UCHR $66.13 $69.44 $72.91 $76.56 $80.39 $5,290.73 $5,555.27 $5,833.03 $6,124.68 $6,430.92 VETERINARY ASSISTANT 5325 CVEA $17.86 $18.75 $19.69 $20.67 $21.71 $1,428.71 $1,500.15 $1,575.16 $1,653.92 $1,736.61 VETERINARY ASSISTANT(HOURLY) 5323 UCHR $17.86 $18.75 $19.69 $20.67 $21.71 $1,428.72 $1,500.16 $1,575.17 $1,653.93 $1,736.62 VOLUNTEER COORD(DEPT) 7131 CVEA $19.52 $20.50 $21.52 $22.60 $23.73 $1,561.81 $1,639.90 $1,721.90 $1,807.99 $1,898.39 VOLUNTEER COORD(DEPT)(HOURLY) 7132 UCHR $19.52 $20.50 $21.52 $22.60 $23.73 $1,561.81 $1,639.90 $1,721.90 $1,807.99 $1,898.39 WASTEWATER/STRMWTR OPS MANAGER 6332 MM 1$45.43 $47.701$50.09 $52.59 $55.22 $3,634.35 1$3,816.07 $4,006.87 $4,207.22 $4,417.58 WEBMASTER 2777 CVEA 1$29.38 $30.85 $32.40 $34.02 $35.72 $2,350.77 1$2,468.31 $2,591.73 $2,721.31 $2,857.38 WEBMASTER(HOURLY) 12790 UCHR 1$29.38 $30.851$32.40 $34.02 1 $35.72 $2,350.77 1$2,468.31 1$2,591.73 $2,721.31 1$2,857.38 Revised: June 21,2016(Effective June 24,2016) June 21,2016(Effective July 8,2016) August 2,2016(Effective August 5,2016) September 13,2016(Effective September 16,2016) November 1,2016(Effective November 11,2016) November 15,2016(Effective November 25,2016) Approved and Adopted: Resol064,iyY.1_15 Agenda Packet Page 199 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE COMPENSATION SCHEDULE AND CLASSIFICATION PLAN TO REFLECT THE ADDITION AND REMOVAL OF VARIOUS POSITION TITLES, AMENDING THE AUTHORIZED POSITION COUNT IN VARIOUS DEPARTMENTS WITH NO NET CHANGE IN AUTHORIZED STAFFING, AND AMENDING THE POLICE DEPARTMENT FISCAL YEAR 2016-2017 PERSONNEL SERVICES BUDGET 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 needs of various departments and the City's workforce, the Human Resources Department is proposing various new classifications and salary adjustments for certain positions in conjunction with the City Council Compensation Policy and to maintain internal alignment; and WHEREAS, the requested changes in the Police Department result in a positive impact of $708 to the General Fund; WHEREAS, a summary of the proposed updated classifications and the E-Step salaries are as follows: Pb,sition Title PCN Bargaining Group -Step Sala' Librarian I 7075 CVEA $2,320.72 bi-weekly Librarian II 7073 CVEA $2,552.78 bi-weekly Librarian III 7071 CVEA $2,808.08 bi-weekly ....................................................................... ............................................... _ 2 ........................................,...$ . .lY.... Police Recruit5071CVEA1382.00 bii wee Senior Librarian 7053 Middle Management $3,126.93 bi-weekly Supervising Public Safety Analyst 5241 Middle Management $3,764.12 bi-weekly Principal Landscape Architect 4486 Middle Management $4,528.47 bi-weekly Veterinarian 1 5335 Professional $3,711.48 bi-weekly Veterinarian 11 5333 Professional $4,268.20 bi-weekly Fiscal Debt Services Analyst 3627 Professional Confidential $4,056.00 bi-weekly Directorof Recreation 7405 Executive Management $6,418.65 bi-weekly Librarian I (Hourly) 7076 Unclassified Hourly $29.01 hourly Librarian II (Hourly) 7074 Unclassified Hourly $31.91 hourly 2016-11-15 Agenda Packet Page 200 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. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the following changes to the fiscal year 2016 and fiscal year 2017 authorized position count with no net change in authorized staffing: Department Position Title FTE ----------------------------------------------------------------------------------------------------------------------- Principal Planner -1,00 Development Services Principal Landscape Architect 1.00 ....................................................................................................................................................................I..................................................................................................................................................................................................................................................................................................................... Finance Principal Management Analyst -1,00 Fiscal Debt Management Analyst 1.00 .............................................................................................................................................................................................................................................. 0 Senior Management Analyst -1.0 Supervising Public Safety Analyst 1.00 Police ........................................................................................................................................................... Police Dispatch Supervisor -1.00 Police Dispatcher 1.00 ................................................................................................................................................................................................................................................. Total City-Wide Position Changes(Net Increase/Decrease) 0.00 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it amends the fiscal year 2016-17 Police Department Personnel Services budget for a net positive impact of$708. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2016-11-15 Agenda Packet Page 201 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REVISED FISCAL YEAR 2016-2017 COMPENSATION SCHEDULE EFFECTIVE NOVEMBER 25, 2016, 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 2016-2017 Compensation Schedule ("Compensation Schedule") was approved by the City Council at their meeting of November 1, 2016; 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 Compensation Schedule will be revised to reflect the addition of the Supervising Public Safety Analyst, Veterinarian 1, Veterinarian 11 and Fiscal Debt Management Analyst position titles, the deletion of the Fiscal Services Analyst and Veterinarian position titles and the salary adjustments for the Librarian 1, Librarian 11, Librarian 111, Police Recruit, Senior Librarian, Principal Landscape Architect, Director of Recreation, Librarian I (Hourly) and Librarian 11 (Hourly)position titles. 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 2016-2017 Compensation Schedule, a copy of which is available in the City Clerk's Office. Presented by Approved as to form by Courtney Chase Glen R. Googins Director of Human Resources City Attorney 2016-11-15 Agenda Packet Page 202 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0529, Item#: 9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED LICENSE, LEASE AND OPERATIONS AGREEMENT BETWEEN THE CITY AND EASTON SPORTS DEVELOPMENT FOUNDATION RECOMMENDED ACTION Council adopt the resolution. SUMMARY 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 Determination 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 review is required. DISCUSSION The City's agreements with the USOC for the transfer of Olympic Training Center always contemplated the transfer of USOC's rights and interests in the Easton Archery Center as well. For this to happen, however, Easton, as the developer and operator of the Archery Center, also had to consent. Easton was always supportive of the transfer because it facilitated the continued operation of the OTC and the value of Easton's facility at that location. The City's involvement created both issues and opportunities that needed to be addressed. These issues and opportunities have all now been successfully resolved in the Amended and Restated Lease and Operations Agreement ("Lease") presented with this item for City Council approval. The following is a summary of the terms of the Lease. The terms are substantially similar to the terms of the original lease between the USOC and Easton, with some modifications and clarifications to address the changed circumstances of City's ownership of the facility, and a new agreement for City/Operator maintenance and use of the Easton housing units. 1. Parties City of Chula Vista Page 1 of 4 Printed on 11/10/2016 powered by LeqsPageLull, 2016-11-15 Agenda Packet 2 0 3 File#: 16-0529, Item#: 9. City of Chula Vista ("City") will be the "Landlord" and Easton Sports Development Foundation ("Easton") will be the "Tenant". Elite Athlete Services ("EAS") as "Operator" will administer the Lease on behalf of the City pursuant to City's separate agreement with EAS for the overall operation of the Chula Vista Elite Athlete Training Center ("CVEATC"). 2. Property/Project The leasehold property is comprised of approximately 11 acres ("Property"). The Property is improved with the Easton Archery Center building, storage building, one dedicated archery range field, one multi-purpose field, a 30 room housing facility ("Easton Housing"), 38 parking spaces, driveways, sidewalks and landscaping (collectively, the "Project"). 3. Term The initial term for the lease is January 1, 2017 through December 31, 2036. Subject to certain conditions (primarily related to whether or not the CVEATC is continuing to be operated as and "elite athlete" training facility), Easton may extend the lease for two (2) additional 5 year terms. [Section 2] At the end of the term City would retain ownership of the Property and the Project. 4. Early Termination Option Easton has the option terminate the Lease early if (a) City is no longer operating the CVEATC as an "elite athlete" training facility, (b) if the services provided to elite athletes drop below minimum standards, or (c) if usage at the Center by "elite athletes" drops below 15% of overall usage. If Easton exercises this option, City agrees to transfer fee title of the Property and the Project to Easton. [Section 8] 5. Rent $1.00 per year. [Section 3] 5. Easton Housing City/Operator shall act as the sole and exclusive manager of the Easton Housing facility (30 beds). Of a total possible 21,900 "bed days" per year, Easton shall receive access to (a) City of Chula Vista Page 2 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�2�04 File#: 16-0529, Item#: 9. 5,840 "bed days" for resident archery (with City/Operator to recover the cost from the USOC); and (b) 3.650 "bed days" for other archery facility users at no cost. Additional "bed days" may be reserved at "Tier 1" (preferred rates). "Bed days" not used by Easton shall be available for lease by City/Operator to third party users on rates and terms determined in City/Operator's sole discretion. Any profits from City/Operator's lease of Easton Housing beds to third parties will be shared 80% (City/Operator), 20% (Easton). [Section 15] 6. Other Provisions a. Maintenance. Easton shall be responsible for maintenance of the Easton Archery Center main building, storage building, and adjacent improvements. City/Operator shall inherit USOC's obligation from the original Lease whereby USOC agreed to pay Easton $100,000 in partial reimbursement for Easton's maintenance costs. City/Operator shall be responsible for maintenance of the fields, related improvements and the Easton Housing. [Sections 3 and 10] b. Incremental Services. Easton archers shall also have access to services, meals and training facilities at the CVEATC. Such services (known as "incremental services") shall be made available at "Tier 1" (preferred rates), on a priority basis, and/or subject to availability, depending upon the type of service or facility involved. [Section 6] c. .Use/Alterati.on Restrictions. Easton may use the Property and the Project for archery related uses, with alternative elite sports uses, and other uses possible subject to City/Operator prior approval. No uses or activities shall be allowed that are inconsistent with the City's "Core Agreement" with the USOC or that compete with City/Operator's activities at the CVEATC. Any proposed material alterations to the Project must be mutually approved. [Section 10] d. Insurance and Indemnities. Insurance obligations and allocations of risk are provided on terms consistent with industry standards for lease arrangements. [Sections 11, 12 and 13] Next Steps: With the approval of this Lease, the last major condition to close for the transfer of the OTC will be satisfied. The transaction remains on schedule to close on December 31, 2016, with operations turned over to the City (and EAS under contract) starting January 1, 2017. DECISION-MAKER CONFLICT Staff has reviewed the property holding of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11). For the purposes of the Political Reform Act (Cal. Gov't Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a bases for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS City of Chula Vista Page 3 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�2�05 File#: 16-0529, Item#: 9. The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The amended and restated lease with the Easton Archery Foundation as part of the Chula Vista Elite Athlete Training Center support the Economic Vitality goal as the City will be able to maximize the use of this valuable asset as an economic driver. CURRENT YEAR FISCAL IMPACT Approving the terms of the agreement will have no fiscal impact in the current fiscal year. ONGOING FISCAL IMPACT At this time we are not aware of any future fiscal impacts. The cost of administering this contract will be assigned to Point Loma Trust. ATTACHMENTS Amended and Restated License, Lease and Operations Agreement between the City and Easton Staff Contact: Kelley Bacon, Deputy City Manager City of Chula Vista Page 4 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�2�06 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDED AND RESTATED LICENSE, LEASE AND OPERATIONS AGREEMENT BETWEEN THE CITY AND EASTON SPORTS DEVELOPMENT FOUNDATION WHEREAS, Pursuant to the Property Transfer Agreement, the USOC will transfer to City the land, facilities and equipment comprising the Chula Vista Olympic Training Center ("CVOTC"), and will assign all leases and contracts, to the City, for the purchase price of one dollar,by the transfer date of December 31, 2016; and WHEREAS, Easton Sports Development Foundation ("Easton") and the USOC previously entered into a License, Lease and Operations Agreement dated June 13, 2012 as amended November 9, 2012 ("Prior Lease")providing for the development and operations of the Easton Archery Center at the CVOTC; and WHEREAS, Pursuant to the Core Agreement and the Transfer Agreement, as of the Transfer Date, the USOC agreed to assign the Prior Lease to the City, subject to Easton's rights to approve such a transfer; and WHEREAS, Easton is agreeable to such transfer provided the Prior Lease is concurrently restated and amended to address changed circumstances; and WHEREAS, City and Easton have negotiated, and Easton has agreed to, an amendment and restatement of the Prior Lease on terms acceptable to City staff, with provisions for the agreement to go into effect concurrent with the transfer of the CVOTC to the City; and WHEREAS, the City Council has reviewed and desires to approve such agreement in substantially the form presented: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it: (1) approves the Amended and Restated License, Lease and Operations Agreement ("Lease") between the City and Easton Sports Development Foundation 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 (2) authorizes and directs the Mayor to execute same; and (3) authorizes and directs the City Manager to take such additional actions as may be necessary or appropriate to implement the Lease in accordance with the terms including, if required, formal implementation agreements in forms approved by the City Attorney. Presented by Approved as to form by Kelley K. Bacon Glen R. Googins Deputy City Manager City Attorney C:AUsers\GRANIC—I\AppI)ata\l,ocal\7'cmp\BCI.'Technologies\easyPDF 7\(q)BCI,@78052815\ BCI.@78052815.doex 2016-11-15 Agenda Packet Page 207 AMENDED AND RESTATED LICENSE,LEASE AND OPERATIONS AGREEMENT by and between CITY OF CHULA VISTA, a chartered municipal corporation, as "CITY" and EASTON SPORTS DEVELOPMENT FOUNDATION, a California nonprofit public benefit corporation as "Lessee" Dated as of: October 14, 2016 2016-11-15 Agenda Packet Page 208 Table of Contents Page 1. LEASE............................................................................................................................... 9 1.1 PREMISES ............................................................................................................ 9 1.2 ACCESS .............................................................................................................. 10 1.3 PARKING............................................................................................................ 10 1.4 NON-EXCLUSIVE USE..................................................................................... 11 1.5 TERMINATION OF PRIOR LEASE AND HOUSING DEVELOPMENT AGREEMENT..................................................................................................... 11 2. TERM OF LEASE; DELIVERY DATE; CONTINGENCIES....................................... 11 2.1 INITIAL TERM; CERTIFICATE....................................................................... 11 2.2 DECLARATION................................................................................................. 12 2.3 RIGHT TO EXTEND TERM.............................................................................. 12 3. RENT/REPAIR AND MAINTENANCE........................................................................ 12 3.1 BASE RENT........................................................................................................ 12 3.2 LESSEE REIMBURSEMENT OF CITY FOR SPECIAL EVENTS ................. 12 3.3 CITY REIMBURSEMENTS............................................................................... 13 3.4 INTEREST; LATE CHARGE............................................................................. 13 4. UTILITIES; RUBBISH REMOVAL .............................................................................. 13 4.1 UTILITIES........................................................................................................... 13 4.2 SERVICES/TAXES............................................................................................. 13 4.3 TRASH REMOVAL............................................................................................ 15 5. USE OF THE PREMISES............................................................................................... 15 5.1 USE OF THE PREMISES................................................................................... 15 5.2 SIGNAGE............................................................................................................ 16 5.3 USE OF OLYMPIC NAME................................................................................ 17 5.4 CESSATION OF OPERATIONS ....................................................................... 17 6. OPERATION AND MANAGEMENT OF PREMISES................................................. 17 6.1 USERS................................................................................................................. 17 6.2 INCREMENTAL SERVICES............................................................................. 19 6.3 NEW ARCHERY RANGE #I............................................................................. 19 6.4 NEW ARCHERY RANGE#2............................................................................. 19 2016-11-15 Agenda Packet Page 209 6.5 ARCHERY BUILDING...................................................................................... 20 6.6 WEST SOCCER FIELD...................................................................................... 20 6.7 GRASSROOTS ARCHERY DEVELOPMENT PROGRAMS.......................... 20 6.8 VENDORS........................................................................................................... 21 7. POSSESSION; COVENANT OF QUIET ENJOYMENT.............................................. 21 8. EARLY TERMINATION OPTION................................................................................ 21 9. COMPLIANCE WITH LAW; LIENS AND ENCUMBRANCES................................. 23 9.1 COMPLIANCE WITH LAWS............................................................................ 23 9.2 AGREEMENT RELATING TO HAZARDOUS SUBSTANCES ..................... 23 9.3 LIENS AND ENCUMBRANCES....................................................................... 24 10. REPAIRS AND ALTERATIONS................................................................................... 25 10.1 MAINTENANCE AND REPAIR OF PREMISES, ARCHERY BUILDING AND ARCHERY BUILDING ADJACENT IMPROVEMENTS BY LESSEE........................................................................ 25 10.2 MAINTENANCE AND REPAIR OF OUTDOOR AREA AND OUTDOOR ARCHERY IMPROVEMENTS ..................................................... 25 10.3 ALTERATIONS.................................................................................................. 26 11. DAMAGE AND DESTRUCTION.................................................................................. 26 11.1 NOTICE............................................................................................................... 26 11.2 RESTORATION.................................................................................................. 27 11.3 APPLICATION OF PROCEEDS........................................................................ 27 11.4 DAMAGE COVERED BY INSURANCE.......................................................... 27 11.5 UNINSURED CASUALTY................................................................................ 27 11.6 DAMAGE TO THE TRAINING FACILITY ..................................................... 27 11.7 DAMAGE NEAR THE END OF THE TERM................................................... 28 11.8 CITY RESTORATION ....................................................................................... 28 12. INSURANCE................................................................................................................... 28 12.1 CLASSES OF INSURANCE FOR LESSEE ...................................................... 28 12.2 REQUIREMENTS FOR LESSEE'S POLICIES................................................. 30 12.3 CERTIFICATES.................................................................................................. 30 12.4 INSURANCE FOR CITY.................................................................................... 30 12.5 WAIVER OF SUBROGATION.......................................................................... 31 13. INDEMNIFICATION...................................................................................................... 31 2016-11-15 Agenda Packet Page 210 13.1 INDEMNIFICATION BY LESSEE.................................................................... 31 13.2 INDEMNIFICATION BY CITY......................................................................... 32 14. OWNERSHIP AND SURRENDER OF IMPROVEMENTS......................................... 32 14.1 OWNERSHIP AND SURRENDER OF IMPROVEMENTS, HOUSING IMPROVEMENTS AND LESSEE'S PERSONALTY....................................... 32 14.2 SURRENDER...................................................................................................... 33 15. EASTON HOUSING....................................................................................................... 33 15.1 OPERATION AND MAINTENANCE............................................................... 33 15.2 USE OF ARCHERY HOUSING......................................................................... 34 15.3 SCHEDULING LESSEE BED DAYS................................................................ 36 15.4 REVENUES FROM OPERATION OF EASTON HOUSING........................... 36 15.5 ACCESS TO EASTON HOUSING; PARKING ................................................ 37 15.6 REAL PROPERTY TAXES................................................................................ 37 15.7 CASUALTY........................................................................................................ 38 15.8 ALTERATIONS.................................................................................................. 38 16. ASSIGNMENT................................................................................................................ 39 16.1 NO ASSIGNMENT WITHOUT PRIOR CONSENT......................................... 39 16.2 EFFECT OF CITY'S CONSENT........................................................................ 39 16.3 LIMITATION ON CITY'S TRANSFER AND MORTGAGE RIGHTS...........40 17. DEFAULT .......................................................................................................................40 17.1 LESSEE EVENTS OF DEFAULT......................................................................40 17.2 REMEDIES..........................................................................................................41 17.3 GENERAL...........................................................................................................42 17.4 CITY DEFAULT.................................................................................................42 17.5 LIMITATION ON CONSEQUENTIAL DAMAGES........................................42 18. CONDEMNATION.........................................................................................................43 18.1 TAKING..............................................................................................................43 18.2 TAKING OF PREMISES OR PROPERTY........................................................43 18.3 EFFECTIVE TERMINATION DATE................................................................43 18.4 REPAIR AND RESTORATION OF THE PREMISES OR TRAINING FACILITY ...........................................................................................................43 18.5 AWARDS............................................................................................................43 19. BROKERAGE PROVISIONS.........................................................................................44 2016-11-15 Agenda Packet Page 211 20. CITY'S LIEN...................................................................................................................44 21. FURTHER DEVELOPMENT OF PROPERTY.............................................................44 21.1 FURTHER SUBDIVISION ADJUSTMENT......................................................44 21-2 MULTIPLE OWNERSHIP ---------------------------45 21.3 CONSTRUCTION (lPPROPERTY...................................................................45 22. MISCELLANEOUS ----------------------------------..45 22.1 N(lWAIVER.......................................................................................................45 22-2 ESTOPPEL CERTIFICATES .............................................................................45 22.3 BREACH BY [[[Y' �l�DQ�TDl� �� LZ�G�L�� 46 , ------------- 22.4 SUBORDINATION-------------------------------4h 22.5 SEVERABILITY--------------------------------.47 22.6 NOTICES, DEMANDS AND OTHER INSTRUMENTS..................................47 22.7 SUCCESSORS AND ASSIGNS.........................................................................49 22.8 HEADINGS.........................................................................................................49 22.9 COUNTERPARTS..............................................................................................49 22lU �I�TD�B ' ' 49 . '-_---_--_' �-, '_-_'_--_'.--, _.-__-__-_'. --------.. 22.11 ALL GENDERS AND NUMBERS INCLUDED...............................................49 22]2 TIME ()pESSENCE ...........................................................................................49 22.13 MEMORANDUM (lPLEASE............................................................................49 22]4 APPROVAL AND INSPECTION RIGHTS.......................................................49 22.15 FAILURE T(lSURRENDER -------------------------..49 22]6 CORPORATE AUTHORITY -------------------------.. 50 22.17 RELATIONSHIP OF THE PAIlT0BS---------------------.. 50 22]8 SURVIVAL......................................................................................................... 50 22.19 ' FEES------------------------------ 50 22.20 JOINT AND SEVERAL...................................................................................... 50 22.31 GOVERNING LAW------------------------------.. 50 22.22 ARBITRATION()pDISPUTES......................................................................... 50 22.33 COMPLIANCE WITH CORE AGREEMENT----------------- 5l 22.2>1 OPERATOR----------------------------------.. 5l 22.35 TRANSFERAGREEMENT/EFFECTIVE DATE ............................................. 5l EXHIBITS EXHIBIT A-I Depiction of the Property EXHIBIT A-2 Legal Description of the Property EXHIBIT A-3 Site Plan EXHIBIT A-4 Legal Description of Premises EXHIBIT B Core Agreement EXHIBIT C Easements EXHIBIT D Premises Rules and Regulations EXHIBIT E Food Service, Weight Room Service, and Sports Performance Services Minimum Levels EXHIBIT F Premises Parking Area EXHIBIT G Declaration of Covenants, Conditions and Restrictions EXHIBIT H Arbitration of Disputes EXHIBIT I Qualified Athlete EXHIBIT J Tier I Rates 2016-11-15 Agenda Packet Page 213 AMENDED AND RESTATED LICENSE, LEASE AND OPERATIONS AGREEMENT THIS AMENDED AND RESTATED LICENSE, LEASE AND OPERATIONS AGREEMENT (the "Lease") is dated as of October 14, 2016, by and between the CITY OF CHULA VISTA, a chartered municipal corporation (hereinafter referred to as "CITY"), and EASTON SPORTS DEVELOPMENT FOUNDATION, a California nonprofit public benefit corporation ("Lessee" or"Easton"). RECITALS A. Lessee and the United States Olympic Committee, a congressionally chartered not-for-profit organization ("USOC") previously entered into a License, Lease and Operations Agreement dated June 13, 2012, as amended by a First Amendment to License, Lease and Operations Agreement dated November 9, 2012 ("Prior Lease") for the Premises (as defined below). Pursuant to the Prior Lease, Easton and the USOC have improved the Premises with the following improvements: an Archery Building and Archery Building Adjacent Improvements, New Archery Range #1, New Archery Range #2, Storage Building, Easton Housing and Easton Housing Adjacent Improvements. B. The CITY and the USOC have entered into a Core Agreement dated March 31, 2016 ("Core Agreement"), a copy of which is attached hereto as Exhibit B, and an Agreement of Transfer and Joint Escrow Instructions dated March 31, 2016 ("Transfer Agreement") whereby the USOC is going to transfer the Property (including the Premises) to the CITY for the future operation of an Olympic Training Site (as such term is defined in the Core Agreement). C. Pursuant to the Core Agreement and the Transfer Agreement, as of the Transfer Date (as defined below), the USOC will assign the Prior Lease to the CITY, subject to Easton's rights to approve such a transfer. Easton is agreeable to such a transfer provided the Prior Lease is concurrently restated and amended in its entirety by this Lease. D. Concurrently with the assignment of the Prior Lease to the CITY, Easton and the CITY shall amend and restate the Prior Lease in its entirety as set forth in this Lease, provided that such restatement and amendment shall not become effective until the transfer of the Premises to the CITY by the USOC. NOW, THEREFORE, with reference to the foregoing Recitals and upon the terms and conditions contained herein, CITY and Lessee hereby agree as follows: DEFINITIONS As used in this Lease, the following defined terms have the meanings indicated: "AAA" means the American Arbitration Association or its successor. "Access Areas" means those areas designated for access to the Premises on the attached Exhibit A-3, and designated in the legend therein as Item "H." 2016-11-15 Agenda Packet Page 214 "ADA" means the Americans with Disabilities Act and all rules, regulations and guidelines promulgated in connection therewith. "Additional Lessee Bed Day"has the meaning given to such term in Article 15. "A2reement" shall have the meaning set forth in Exhibit H attached hereto. "Alterations" means any changes or modifications to the Improvements or Housing Improvements , as applicable, that are not (i) routine repairs done in the ordinary course of maintaining the Improvements or the Housing Improvements, as applicable, or (ii) improvements or installations which only replace existing improvements or equipment where a routine repair is no longer practical, including those repairs categorized as Capital Improvements. "Arbitrator" means the single proposed retired judge or attorney from AAA to decide the Dispute. "Archery Building"means a multi-purpose building of 43,874 square feet, and including an indoor archery range, training areas, storage areas, workshops, meeting rooms, offices. "Archery Building Adjacent Improvements" means those improvements immediately adjacent to the Archery Building, including without limitation, a parking lot, sidewalks, walkways and landscaping. "Archery Building Parking Area" has the meaning set forth in Section 1.3 of this Lease. "Archery Permitted Users" means any athlete, coach, staff, employee, invitee, licensee, contractor, vendor and other person approved by Lessee (or USAA as an invitee of Lessee) to have access to (i) any portion of the Premises, and (ii) subject to the provisions of Section 6, portions of the Training Facility other than the Premises. Archery Permitted Users may include Elite Athletes, Resident Athletes and/or school groups, youth groups, clubs, coaches and persons associated with Grassroots Archery Development Programs. CITY and Lessee acknowledge that certain Archery Permitted Users may also be designated or approved by the USOC for use of portions of the Training Facility other than the Premises pursuant to the USOC's rights under the Core Agreement. "Assillnee" means each assignee, subtenant, licensee, mortgagee, pledgee or other person who receives an Assignment of this Lease. "Assignment" means each of the transactions described in Section 16.1 of this Lease. "Base Rent" means the annual amount of rent Lessee is obligated to pay CITY under Section 3.1 of this Lease. "Bed Day" shall mean the use of one bed in the Easton Housing for one day. "Business Day" means a day other than Saturday, Sunday or any day on which banks located in the State of California are authorized or obligated to close. 2016-11-15 Agenda Packet Page 215 "Capital Improvements" means repairs, improvements and equipment installation which are done in lieu of an ordinary repair when an ordinary repair is no longer practical and which under generally accepted accounting practices are classified as capital expenditures. "CC&Rs"means the Declaration. "CERCLA" means the Comprehensive Environmental Response, Compensation and LiabilityAct of 1980, 42 U.S.C. § 9601 et seq. "CITY"has the meaning set forth in the preamble of this Lease. "CITY Bed Days" has the meaning set forth in Section 15.2.4 of this Lease. "CITY Event of Default" shall have meaning set forth in Section 17.4 of this Lease. "City Notice of Operation" shall have the meaning set forth in Section 2.3 of this Lease. "City Notice of Scheduling" shall have the meaning set forth in Section 15.2.5 of this Lease. "Commencement Date"has the meaning set forth in Section 2.1.1 of this Lease. "Compatible Additional Uses" has the meaning set forth in Section 5.1 of this Lease. "Compliance Obligation" means any and all orders, penalties, fines, administrative actions or other proceedings commenced by any governmental agency. "Contribution Agreement"has the meaning set forth in Section 1.5 of this Lease. "Core Allreement" has the meaning set forth in Recital B of this Lease. "CPI" means the Consumer Price Index for All Urban Consumers, U.S. CITY Average, all items (1982-84 = 100), not seasonally adjusted, published by the U.S. Department of Labor, Bureau of Labor Statistics, or if such index is no longer published, the U.S. Department of Labor's most comprehensive official index then in use that most nearly corresponds to the index named above. "Declaration" has the meaning set forth in Section 2.2 of this Lease. "Demand" means a written notice of demand to resolve a dispute or controversy that relates to this Lease, delivered by the party seeking arbitration to the other party to such dispute or controversy. "EAS"has the meaning set forth in Section 22.24 of this Lease. "Eastlake"has the meaning set forth in Section 2.2 of this Lease. 2016-11-15 Agenda Packet Page 216 "Easton Housing" means the improvements on the Premises constructed for the purpose of housing users of the Premises and the Training Facility, consisting of 30 bedrooms which currently contain 47 beds. "Easton Housing Adjacent Improvements" means those improvements immediately adjacent to the Easton Housing on the Premises, including without limitation, a parking lot, sidewalks, walkways, and landscaping. "Effective Date" means the date upon which CITY and Lessee shall have delivered to each other a fully executed copy of this Lease, provided that the Effective Date shall not be deemed to occur notwithstanding the mutual execution and delivery of this Lease until the Transfer Date. "Elite Athletes"means an athlete designated as such by the USOC or an NGB. "EPA" means the United States Environmental Protection Agency. "Event of Default"has the meaning set forth in Section 17.1 of this Lease. "Exclusive Lessee Spaces" has the meaning set forth in Section 1.3 of this Lease. "Existing Grassroots Program" shall have the meaning set forth in Section 6.7 of this Lease. "Extension Term"has the meaning set forth in Section 2.3 of this Lease. "Facility Rules and Rellulations" has the meaning set forth in Section 6.1 of this Lease. "Fencing"has the meaning set forth in Section 1.1 of this Lease. "Foundation"has the meaning set forth in Section 2.2 of this Lease. "GAAP"means generally accepted accounting principles. "Grassroots Archery Development Programs" means archery programs in schools, youth programs, as well as programs not affiliated with an existing organization or entity, to train and develop archery athletes for future USAA archery teams, including, without limitation, high level archers not yet in any USAA resident archery training program. "Hazardous Substances" shall mean and include any chemical, substance, material, controlled substance, object, condition, waste, living organism or combination thereof which is or may be hazardous to human health or safety or to the environment due to its radioactivity, ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, infectiousness or other harmful or potentially harmful properties or effects, including, without limitation, tobacco smoke, petroleum and petroleum products, asbestos, radon, polychlorinated biphenyls (PCBs), refrigerants (including those substances defined in the Environmental Protection Agency's "Refrigerant Recycling Rule," as amended from time to time), as well as those elements or compounds which are contained in the lists of hazardous 2016-11-15 Agenda Packet Page 217 substances or wastes now or hereafter adopted by the EPA or the lists of toxic pollutants designated now or hereafter by Congress or the EPA or which are defined as hazardous, toxic, pollutant, infectious or radioactive by CERCLA or any Superfund law or any Superlien law or any other Federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic or dangerous waste, substance or material, as now or at any time hereafter in effect. "Housing Development Agreement" has the meaning set forth in Section 1.5 of this Lease. "Housing Improvements" means the Easton Housing and the Easton Housing Adjacent Improvements. "Housing Operating Expenses" has the meaning set forth in Section 15.4.2 of this Lease. "Housing Parking" shall have the meaning set forth in Section 15.5 of this Lease. "Improvements" means the Archery Building, Storage Building and the Archery Building Adjacent Improvements. "Incremental Services" means services available at the Training Facility such as Food Service, Weight Room and Sports Performance Facilities as specified in the Core Agreement, or other approved access to and use of the Training Facility expressly provided hereunder or other use provided under contract with the USOC or the Operator. Incremental Services shall not include ordinary and customary use of the Premises only. "Initial Term"has the meaning set forth in Section 2.1.1 of this Lease. "Interest" means interest, which for all purposes of this Lease shall equal the lesser of ten percent (10%)per annum or the maximum interest rate permitted by law, on any amounts not paid when due, from the due date through the date of payment. "Interior Alterations" means any interior, non-structural alterations, additions or improvements to the Archery Building. "International Athlete" shall have the meaning set forth in Section 6.2 of this Lease. "Invitees"has the meaning set forth in Section 1.2 of this Lease. "IRC"means the Internal Revenue Code of the United States (26 U.S.C.). "Laws"has the meaning set forth in Section 8 of this Lease. "Lease" means this Amended and Restated License, Lease and Operations Agreement by and between CITY and Lessee. 2016-11-15 Agenda Packet Page 218 "Lease Year" means the twelve-month period commencing on the first day of the month following the Commencement Date and ending on the last day of the month in which the Commencement Date occurs, and each successive twelve-month period thereafter during the Term. "Lessee"has the meaning set forth in the Preamble. "Lessee Bed Days"has the meaning set forth in Section 15.2.3 of this Lease. "Lessee Party" or "Lessee's Parties" means Lessee or any of Lessee's employees, agents, Easton Permitted Users, customers, visitors, invitees, licensees, contractors, assignees or subtenants. "Lessee's Property" means Lessee's personal property, fixtures, equipment, merchandise and inventory, including electronic data processing equipment. "Lien"has the meaning set forth in Section 9.3.1 of this Lease. "Maximum Bed Days"has the meaning set forth in Section 15.2.1 of this Lease. "New Archery Range #1" means the new archery range, as more particularly depicted and marked as "New Archery Range#1" on Exhibit A-3 attached hereto, and designated in the legend therein as Item "C." "New Archery Range #2" means the archery range, as more particularly depicted and marked as "New Archery Range #2" on Exhibit A-3 attached hereto, and designated in the legend therein as Item`B." "NGB" means the amateur sports organization recognized as the national governing body by the USOC pursuant to the Ted Stevens Act, for any sport which is included on the program of the Olympic Games, Paralympic Games or Pan-American Games. "Non-Terminating Party"means, if either CITY or Lessee elects to terminate this Lease prior to the expiration of the Term, the party other than the party electing to terminate this Lease (i.e., the party that is not the Terminating Party). "Notice of Termination"has the meaning set forth in Article 8 of this Lease. "Official Records" means the Official Records of San Diego County, California. "Operator" has the meaning set forth in Section 22.24 of this Lease. "Operator Agreement" shall have the meaning set forth in Section 22.24 of this Lease. "Outdoor Archery Improvements" means New Archery Range #1 and the New Archery Range#2. "Outdoor Area" means the outdoor area as more particularly described in Exhibit A-3 attached hereto. 2016-11-15 Agenda Packet Page 219 "Outdoor Ranee Li2htin2" means night lighting to permit night practice at the New Archery Range#1. "Parcel Map" means Parcel Map No. 21014 found in the San Diego County Recorder's office on December 10, 2012 as instrument No. 2012-0773388. "Permitted Capital Improvements" has the meaning set forth in Section 15.4.2(vii) of this Lease. "Permitted Interior Alterations" has the meaning set forth in Section 10.3 of this Lease. "Permitted Use"has the meaning set forth in Section 5.1 of this Lease. "Personalty" means all trade fixtures, furniture, and personal property of Lessee (it being acknowledged and agreed that CITY shall have no obligation to provide any trade fixtures, furniture or personal property to Lessee or the Premises). "Persons" means any individual, corporation, partnership, firm, trust, joint venture, business association, syndicate, government or governmental organization or any other entity. "Pre-existing Condition" means any environmental condition, including the existence of Hazardous Substances, that existed as of the effective date of the Prior Lease on, under or at the Premises. "Premises"means that portion of the Property described in Exhibit A-4 attached hereto. "Prior Lease"has the meaning set forth in Recital A of this Agreement. "Property" means that certain real property located in the CITY of Chula Vista, County of San Diego, State of California, as more particularly depicted on Exhibit A-1 attached hereto and legally described on Exhibit A-2 attached hereto. "Qualified Athlete" mean those athletes and teams listed in the attached Exhibit I excluding any Resident Athlete in archery. "Recommencement Notice"has the meaning set forth in Section 5.4 of this Lease. "Related Entity Transferee"has the meaning set forth in Section 8(a) of this Lease. "Released Additional Lessee Bed Days" has the meaning set forth in Section 15.3.2 of this Lease. "Released Lessee Bed Days"has the meaning set forth in Section 15.3.2 of this Lease. "Rent" shall refer to the sum of the Base Rent plus any other amounts Lessee is required to pay CITY under this Lease. "Replacement Cost"has the meaning set forth in Section 12.1.1 of this Lease. 2016-11-15 Agenda Packet Page 220 "Resident Archery Athlete Bed Days" has the meaning set forth in Section 15.2.2 of this Lease. "Resident Athlete" means an athlete designated as such by USOC or an NGB. "Restoration" means the repairing, restoration, replacement or rebuilding of the Improvements, Alteration, furniture, fixture, equipment or personal property. "Revenue Share"has the meaning set forth in Section 15.4.2 of this Lease. "Rules and Regulations" shall mean the rules and regulations for the Premises attached to this Lease as Exhibit D. "Scheduling Start Date" shall have the meaning set forth in Section 15.2.5 of this Lease. "Service" shall have the meaning set forth in Exhibit H attached hereto. "Storage Building" means that approximate 800 square feet storage building located at the northwest end of New Archery Range#1. "Subdivision Adjustment" means one or more parcel maps, lot line adjustments, other subdivisions (as under the California Subdivision Map Act (California Government Code Sections 66410, et seq.) and all applicable local laws, ordinances and regulations promulgated pursuant thereto. "Subdivision Adjustment Restriction" has the meaning set forth in Section 21.1 of this Lease. "Taking" means any taking of or damage to all or any part of the Premises, Improvements, the Outdoor Area or the Training Facility, or any interest therein, because of the exercise of the power of eminent domain or inverse condemnation, whether by condemnation proceedings or otherwise, or any transfer of any part thereof, or any interest therein. "Term" shall mean the Initial Term as defined in Section 2.1.1 of this Lease and any Extension Terms. "Terminating Party" means, if either CITY or Lessee elects to terminate this Lease prior to the expiration of the Term, the party electing to terminate this Lease. "Termination Date"has the meaning set forth in Article 8 of this Lease. "Termination Notice" means a written notice of a Terminating Party's election to terminate this Lease. "Tier 1 Rate"has the meaning set forth in Section 6.2 of this Lease. "Trademark Agreement"has the meaning set forth in Section 5.3 of this Lease. 2016-11-15 Agenda Packet Page 221 "Training Facility" means those facilities on the Property which are presently defined as the "Facilities" in the Core Agreement and all housing on the Property including, without limitation, the Easton Housing. "Training Facility Parking Spaces" has the meaning set forth in Section 1.3 of this Lease. "Training Facility Permitted User" has the meaning set forth in Section 6.2 of this Lease. "Training Facility Use Form" shall have the meaning set forth in Section 6.1.1 of this Lease. "Transfer Agreement" has the meaning set forth in Recital B of this Lease. "Transfer Date"has the meaning given to such term under the Transfer Agreement. "USAA" means the National Archery Association of the United States, a Colorado non- profit corporation, and the NGB of the Olympic sport of archery as of the date of this Lease, known as National Archery Association ("NAA"). "USAA Agreement"has the meaning set forth in Section 6.1.3 of this Lease. "USOC" means the United States Olympic Committee, a congressionally chartered not- for-profit organization. "USOC Funded Resident Archers" has the meaning set forth in Section 15.2.2 of this Lease. "West Soccer Field" means the current west soccer field of the OTC, as more particularly described or set forth in Exhibit A-3 attached hereto. CONSTRUCTION OF CERTAIN TERMS AND PHRASES. Unless the context of this Lease otherwise requires, (a) words of any gender include each other gender; (b) words using the singular or plural number also include the plural or singular number, respectively; (c) the terms "hereof," "herein," "hereby" and derivative or similar words refer to this entire Lease; and (d) the terms "Article" or"Section"refer to the specified Article or Section of this Lease. Whenever this Lease refers to a number of days, such number shall refer to calendar days unless Business Days are specified. All accounting terms used herein and not expressly defined herein shall have the meanings given to them under GAAP. 1. LEASE. 1.1 PREMISES. Commencing on the Effective Date, CITY shall lease to Lessee the Premises, and Lessee shall lease from CITY the Premises on the terms and conditions set forth in this Lease (it being expressly understood and agreed by Lessee that notwithstanding such lease of the Premises to Lessee, Lessee's rights with respect to the Premises shall be non-exclusive in 2016-11-15 Agenda Packet Page 222 certain respects as specifically provided herein and subject to certain scheduling and other procedures and restrictions, all as more particularly described in Article 6 below). Additionally, CITY hereby grants to Lessee and its Invitees a non-exclusive license to the Access Areas designated on Exhibit B-3 for purposes of access, ingress and egress to the Premises and to the Training Facility for the purpose of using the Incremental Services to the extent such Invitees have a right to Incremental Services as provided hereunder. Additionally, CITY grants to Lessee for the benefit of the Premises an easement or license over and across the Property for the following (a) to share the use of a reclaimed water line servicing the Premises and the balance of the Property; (b) for data and utility lines servicing the Premises (including, without limitation, the right to use CITY's multi-conduit fiber communication system and infrastructure associated therewith for data, television, Wi-Fi and telephone); and (c) to maintain fencing on a portion of the Property adjacent to New Archery Range #1 and New Archery Range #2 and a newly erected fence north of New Archery Range #1 and New Archery Range #2 ("Fencing"). The approximate locations of the easements referenced in subsections (b) and (c) of this Section 1.1 are set forth on Exhibit C attached hereto. Lessee has heretofore occupied the Premises pursuant to the Prior Lease. The Premises are accepted by Lessee in "as is" condition and configuration. Lessee agrees that the Premises are in good order and satisfactory condition, and that there are no representations or warranties by CITY regarding the condition of the Premises or the Training Facility. Lessee's use of the Premises shall comply with the Rules and Regulations and the CC&Rs. Anything in this Lease to the contrary notwithstanding, CITY may amend or modify the Rules and Regulations at any time in its reasonable discretion so long as such amendments and/or modifications do not materially and adversely affect Lessee's use of the Premises and the Property and its rights or obligations under this Lease and further provided such amendments and modifications are non- discriminatory to Lessee and its Invitees. 1.2 ACCESS. CITY hereby grants Lessee the right to come and go from the Premises, as set forth in this Section 1.2. Lessee, its employees, contractors, agents, invitees, subtenants, and Archery Permitted Users (collectively, "Invitees") shall have the right to enter and exit the Premises from public streets and from the private streets within the Training Facility designated on Exhibit B-3 attached hereto,but shall have no other right to cross or otherwise use any other portion of the Property except as specifically provided herein without CITY's prior consent, which CITY may withhold in its sole and absolute discretion determined in accordance with CITY's policies regarding other third-party users of the Property. 1.3 PARKING. Lessee and CITY acknowledge that the Premises contains thirty- eight (38) parking spaces adjacent to the Archery Building as shown on Exhibit F attached hereto ("Archery Building Parking Area"). Subject to the Rules and Regulations, and such other reasonable parking rules and regulations as CITY applies to other third party users of the Training Facility, Lessee and its Invitees shall have (i) the exclusive right to use up to twenty- five (25) parking spaces (which shall include one handicap space and one space designated for a low emission vehicle) ("Exclusive Lessee Spaces") adjacent to the Archery Building as such Exclusive Lessee Spaces are shown on Exhibit F attached hereto. Lessee shall also have the non-exclusive right to use the remainder of the parking spaces in the Archery Building Parking Area, provided the CITY may also use such spaces as needed for special events, programs or daily use upon written request to Lessee and Lessee's approval. CITY shall make all requests for 2016-11-15 Agenda Packet Page 223 such use of such spaces in writing to Lessee and Lessee shall not unreasonably withhold, condition or delay its approval. In addition, Lessee may request the right to use, on a non- exclusive basis, subject to availability and CITY's prior written approval, all other parking areas within the Training Facility and designated as parking areas available to the public or other third party users ("Training Facility Parking Spaces") for special events and competitions. Lessee shall make all requests for such use of the Training Facility Parking Spaces in writing to CITY and CITY shall not unreasonably withhold, condition or delay its approval. 1.4 NON-EXCLUSIVE USE. Anything in this Lease to the contrary notwithstanding, it is expressly understood and agreed that the designation or use from time to time of the Access Areas by Lessee and its Invitees shall not restrict CITY's use of such areas for such purposes as CITY shall determine in accordance with the terms and conditions hereof, provided however, such use by the CITY shall not materially and adversely interfere with the rights granted Lessee hereunder. CITY reserves the right to: (a) relocate, alter, improve or adjust the size of any improvements at the Training Facility (other than the Improvements on the Premises) from time to time, provided however that CITY shall use commercially reasonable efforts not to materially adversely affect Lessee's use of the Premises and its rights hereunder; (b) record covenants, conditions and restrictions affecting the Training Facility, including, without limitation, amendments to the existing Declaration, provided such do not materially and adversely affect Lessee's use of the Premises and its rights hereunder; (c) change the name of the Training Facility or any building, field or facility thereon other than the Improvements on the Premises and (d) affix reasonable signs and displays, other than on or in the Premises or the improvements thereon. Lessee shall not have the right to use any other portion of the Property (other than the Premises and the uses and rights granted under Sections 1.1, 1_2, 1_3 and Article 6 herein) except as expressly permitted herein by CITY in writing, in its sole discretion. Notwithstanding the foregoing, Lessee shall have the right to request additional access to the Property and/or the Training Facility and CITY agrees to reasonably consider same. Ultimately, whether or not such access is available, and the terms for such access shall be subject to negotiation and approval by CITY and Operator in their sole discretion. 1.5 TERMINATION OF PRIOR LEASE AND HOUSING DEVELOPMENT AGREEMENT. CITY and Lessee hereby agree that, on the Effective Date, the Prior Lease is terminated and amended and restated in its entirety by this Lease. In addition, the USOC and ESDF II entered into that certain Housing Development Agreement dated June 13, 2013 related to the Premises ("Housing Development Agreement") and that certain Contribution Agreement dated June 13, 2013 ("Contribution Agreement"). On the Effective Date, the Housing Development Agreement and Contribution Agreement shall be terminated by USOC and ESDF II and CITY shall have no rights thereunder. 2. TERM OF LEASE; DELIVERY DATE; CONTINGENCIES. 2.1 INITIAL TERM; CERTIFICATE. 2.1.1 The initial term of the Prior Lease commenced on December 23, 2015 (the "Commencement Date") and, unless sooner terminated or extended under the terms and conditions contained herein, the CITY and Lessee agree that this Lease shall continue thereafter until 11:59 p.m. (local time) on December 31, 2036 ("Initial Term"). 2016-11-15 Agenda Packet Page 224 2.2 DECLARATION. The parties hereby acknowledge and agree that the Property is currently subject to that certain Declaration of Covenants, Conditions and Restrictions between Eastlake Development Company, a California general partnership ("Eastlake"), and San Diego National Sports Training Foundation, a California not-for-profit corporation (the "Foundation"), recorded in the Official Records on January 19, 1995, as Instrument No. 1995-0025717, and amended by a First Amendment recorded in the Official Records on December 20, 2008 as Tnstrument No. 2008-0654302, a copy of which is attached hereto as Exhibit G (the "Declaration"). 2.3 RIGHT TO EXTEND TERM. Lessee shall have the right to extend the Term of this Lease for two (2) successive additional periods of five (5) years each ("Extension Terms") provided that the following conditions are satisfied: (a) CITY has not delivered a City Notice of Operation (as defined below) to Lessee indicating that CITY is no longer operating the Property as an Olympic training site for Elite Athletes; (b) archery continues to be a sporting event in the Olympic, Paralympic or Pan American Games; (c) Lessee is not then in default under any of the material terms of this Lease (subject to all cure rights as provided herein); and (d) the original Lessee signing this Lease has not assigned its interests in this Lease to any person or party (other than as permitted pursuant to Article 16 below). Lessee shall exercise such extension right, if at all, by giving written notice of such extension to CITY not more than twelve (12) months but at least six (6) months prior to the expiration of the Initial Term of this Lease or the then-current Extension Term, as the case may be. The Extension Term shall be upon all of the same terms, covenants and conditions of this Lease then applicable. Notwithstanding anything to the contrary herein, in the event CITY determines that CITY is not operating the Property as an Olympic training site for Elite Athletes as described in subsection (a) above, CITY shall have the right to give Lessee notice of the occurrence of such event within thirty (30) days of such determination but in no event later than seven (7) months prior to the expiration of the Initial Term of this Lease or the then-current Extension Term ("City Notice of Operation"). 3. RENT/REPAIR AND MAINTENANCE. 3.1 BASE RENT. Lessee covenants and agrees to pay CITY for the period from the Commencement Date through the Term of this Lease, as rent hereunder, an annual Base Rent of One and No/100 Dollar($1.00). CITY acknowledges that Lessee has fully paid all Base Rent for the Initial Term of this Lease. The Base Rent shall be payable, in advance, on the Commencement Date and on each anniversary of the Commencement Date during the Term and each of the Extension Terms, if applicable, at the following address: 276 Fourth Avenue, Chula Vista, CA 91910, or at such other address as CITY may from time to time designate in writing to Lessee. The Base Rent shall be payable without demand, notice, deduction or set-off except as expressly provided herein. Lessee may prepay the Base Rent for the entire Term or part of the Term at any time without penalty. 3.2 LESSEE REIMBURSEMENT OF CITY FOR SPECIAL EVENTS. If Lessee desires to hold a special event at the Premises or other portions of the Training Facility as permitted by the CITY pursuant to the terms and provisions of this Lease, it shall meet with the representatives of the CITY prior to such special event to discuss any and all additional services that may be required for such special event, such as trash, security or janitorial services. Following such meeting, if the CITY determines in its reasonable discretion that extra security 2016-11-15 Agenda Packet Page 225 personnel, additional janitorial and trash removal services or other additional services are required, then Lessee shall, within thirty (30) days following receipt of invoice therefor, reimburse CITY for the actual costs incurred by CITY for such additional services, in addition to any other fees for Incremental Services pursuant to Section 6.2 of this Lease. 3.3 CITY REIMBURSEMENTS. In order to provide Lessee partial reimbursement for all of the costs of Lessee in maintaining and repairing the Archery Building and the Archery Building Adjacent Improvements pursuant to Section 10.1 below, CITY agrees to pay Lessee One Hundred Thousand and No/100 Dollars ($100,000) as increased annually by the lesser of- (a) £(a) increases in the CPI from the CPI nearest December 23, 2016 to the CPI nearest December 23 each year thereafter; or (b) five percent (5%) per annum. Such amount shall be paid annually in arrears beginning December 31, 2017, and each and every year thereafter on the anniversary date of the Commencement Date. If Lessee fails to maintain and/or repair the Improvements in accordance with the terms of this Agreement, after CITY has provided Lessee notice of such failure and opportunity to cure as provided in Section 17.2 below, (i) CITY and/or Operator shall have the right, but not the obligation, to perform such maintenance and/or repair work on behalf of Lessee, and (ii) if such work has been completed the payment to Lessee required by this Section 3.3 shall be reduced by the sum of(A) the amount necessary to perform the maintenance and repair work that Lessee failed to perform, and (B) any additional costs and expenses reasonably incurred by CITY and/or Operator in the course or remedying such failure by Lessee to perform the maintenance and/or repair work required under this Lease. In addition to self-help and reimbursement, as provided above, in the event Lessee fails to fulfill its maintenance obligations under this Section, CITY shall also have rights and remedies provided in Section 17.2 hereof provided that any dispute as to such maintenance and/or repair work shall be subject to arbitration pursuant to Section 22.22 of this Lease. To the extent necessary to exercise the rights set forth in favor of CITY and/or Operator under this Section 3.3, Lessee hereby assigns to CITY and Operator any rights and claims Lessee may have against any and all design professional, architects, engineers, general contractors, subcontractors or persons that provided similar services in connection with the construction of the Improvements. 3.4 INTEREST; LATE CHARGE. Each party covenants and agrees to pay to the other party, from time to time as provided in this Lease, Interest on any amounts due and not paid within thirty(30) days after such payment is due through the date of payment. 4. UTILITIES; RUBBISH REMOVAL. 4.1 UTILITIES. Lessee represents and warrants to the CITY that in connection with Lessee's construction of the Improvements and the Housing Improvements, Lessee has paid all sewer connection fees, tap fees and other utility connection and/or metering fees. 4.2 SERVICES/TAXES. From and after the Commencement Date, the following shall apply: 4.2.1 Except as provided below, the Premises and all improvements thereon shall be separately metered. Lessee and CITY shall cooperate and make commercially reasonable efforts to arrange for such separate metering and Lessee shall pay directly to the utility company for all gas, water, sewer and electricity to the Premises, subject to CITY's 2016-11-15 Agenda Packet Page 226 obligation to pay for certain expenses for (i) the Easton Housing and the Easton Housing Adjacent Improvements as set forth in Article 15 herein and (ii) the Outdoor Area and Outdoor Area Archery Improvements pursuant to Section 10.2 below. CITY and Lessee acknowledge that the CITY and Lessee share a reclaimed water line that services the Premises and the balance of the Property. CITY and Lessee acknowledge that Lessee intends to use only de minimis amount of water from such reclaimed water line and, for that reason, it would be commercially impracticable, and neither CITY nor Lessee shall be under any obligation, to make efforts to separately meter CITY's and Lessee's use of the reclaimed water line. 4.2.2 Subject to any restrictions imposed by the USOC pursuant to the Core Agreement, Lessee shall have the right to designate its telecommunication providers. Lessee may only install such telecommunications and other office equipment as is reasonable for the Permitted Use. If any of Lessee's telecommunication equipment causes or requires CITY to perform any alterations or modifications to the Property to accommodate Lessee, Lessee shall be liable for the costs thereof No telecommunications equipment, transmissions or receptions of Lessee shall interfere with the telecommunications equipment, transmissions or receptions of CITY or any other tenant, licensee or user of the Training Facility. Lessee shall not permit any telecommunications equipment providers to display signage, graphics or other branding at the Premises or any other portion of the Property(other than any signage, graphics or other branding affixed to the telecommunication equipment that are reasonable and customary). Lessee shall make payments for all telecommunication services, when due, directly to the appropriate provider. 4.2.3 In no event shall CITY be liable for damages, nor shall the Rent be reduced or abated, due to any failure of, or any interruption in or curtailment of any services to the Premises for reasons beyond the reasonable control of the CITY, or which are caused by emergency repairs or any other reason beyond the reasonable consent of the CITY; nor shall the temporary failure to furnish any such services, or any inconvenience suffered by Lessee as a result of CITY's maintenance or repairs, be construed as a constructive eviction of Lessee, or relieve Lessee from the duty of observing and performing the obligations of Lessee under this Lease. 4.2.4 Given the non-profit status of parties, CITY's ownership of the Premises and the limited duration and nature of Easton's uses thereof, the parties do not believe property or possessory interest taxes will be due and owing. Notwithstanding the foregoing, except as provided in Section 15.6 below, in the event that such taxes are imposed, Lessee shall pay (a) any and all possessory interest taxes, or similar taxes, imposed by a governmental authority based upon Lessee's lease of the Premises, and (b) increases to all real property taxes and assessments levied or assessed by, or becoming payable to any governmental authority, for or in respect of the Property as a result of the construction of the Improvements for the portion of each tax period included in the Term of this Lease. All such payments shall be made directly to the governmental authority charged with the collection thereof not less than ten (10) days prior to the last date on which the same may be paid without interest or penalty. Notwithstanding the above, Lessee and CITY acknowledge that Lessee may be entitled to an exemption for the payment of real property taxes, including without limitation, the possessory interest tax. In the event that such taxes are imposed, Lessee shall apply for and diligently pursue such exemption with the California State Board of Equalization and/or the San Diego County Assessor. CITY shall 2016-11-15 Agenda Packet Page 227 cooperate, at no cost to CITY, with Lessee in all such applications. Lessee shall have the right, at Lessee's sole risk and cost, to contest the amount and/or the validity of the applicable real property taxes for the Premises by appropriate legal proceedings; provided, however, that said right shall be availed of by Lessee only upon condition that Lessee shall indemnify and hold CITY and the Premises harmless from any loss, cost or expense which arise from such contest and upon the further condition that Lessee shall take any and all action, including, but not limited to, the payment of any judgment or bonding requirement, so as to prevent the loss or forfeiture of the Premises or any part thereof. The foregoing shall not, however, be deemed or construed to relieve or modify Lessee's covenant to pay any real property taxes, possessory interest taxes or other taxes at the time and in the manner provided in this Lease. Upon the termination of such contest proceedings, Lessee shall promptly pay all real property taxes and other taxes, if any, then payable and the interest and penalties in connection therewith, and the charges accruing in such contest proceedings. 4.2.5 In addition to the foregoing, Lessee shall pay to CITY, within thirty (30) days after written demand therefor, Lessee's pro-rata share of all infrastructure bond assessments levied against the Property. For purposes hereof, Lessee's pro-rata share shall mean the percentage calculated by dividing the number of square feet of the Premises by the total square feet in the Property. 4.2.6 Except as provided in Sections 4.2.4 and 4.2.5 herein, CITY shall pay all real property taxes and assessments actually levied or assessed against the Property. 4.3 TRASH REMOVAL. Lessee shall store all its trash and garbage within the interior of the Archery Building or at designated areas which have been approved by the CITY. No material shall be placed in the trash boxes or receptacles in violation of any law or ordinance governing such disposal. If the Storage Building, the Archery Building or the Archery Building Adjacent Improvements is or becomes infested with vermin or any other pests, Lessee shall forthwith, at Lessee expense, cause such improvements to be exterminated for such vermin or other pests from time to time and shall employ properly licensed exterminators for such work. 5. USE OF THE PREMISES. 5.1 USE OF THE PREMISES. Subject to the terms and conditions of this Lease, Lessee shall use the Premises solely for the Permitted Use, and Lessee shall not use the Premises for any purpose that is prohibited under the CC&Rs. "Permitted Use" means (a) operating an archery training facility, Grassroots Archery Development Program, (b) other uses reasonably related to such archery training uses, including promotional events and competition events, and office use for (i) Lessee's private foundation staff, (ii) any NGB and/or (iii) any other sports related organization, and (c) any other uses permitted by the CITY in its reasonable discretion, provided that Lessee acknowledges that CITY shall have the right to disapprove of any such other proposed use if CITY determines that such use would compete with the CITY's or the Operator's (or either such party's tenants, invitees, contractors, vendors, or sponsors) other current or future activities at the Training Facility. At Lessee's request the parties shall meet and confer from time to time to explore other possible uses of the Premises not adverse to other uses at the Premises or the Training Facility ("Compatible Additional Uses"). Notwithstanding the 2016-11-15 Agenda Packet Page 228 parties' obligation to meet and confer, the ultimate decision regarding Compatible Additional Uses shall be subject to CITY's prior approval in its reasonable discretion. Lessee shall use the Premises only for the Permitted Use and for no other use or purpose whatsoever. Lessee shall not use or permit the use of the Premises for any purpose which is illegal, dangerous to persons or property or which, in CITY's reasonable opinion, unreasonably disturbs any other tenants or licensees of the Property or interferes with the operation of the Property. Lessee shall comply with all Laws, including the ADA, regarding the operation of Lessee's business and the use, condition, configuration and occupancy of the Premises and its improvements. Lessee, within 10 days after receipt, shall provide CITY with copies of any notices it receives regarding a violation or alleged violation of any Laws. Lessee shall comply with the Declaration and with the Rules and Regulations and the Facility Rules and Regulations (as defined below), provided such other reasonable rules and regulations do not materially and adversely affect Lessee's use of the Premises and its rights under this Lease. Lessee shall also cause its agents, contractors, subcontractors, employees, athletes and invitees to comply with all Rules and Regulations, the Declaration and the Facility Rules and Regulations. CITY shall not discriminate against Lessee in CITY's enforcement of the Rules and Regulations and Facility Rules and Regulations. 5.2 SIGNAGE. 5.2.1 Lessee has the right to install signs, graphics and displays within the interior of the Archery Building so long as and to the extent that such signs, graphics and displays are not discriminatory, offensive, do not compete with the CITY's sponsors or the USOC's sponsors, and do not result in a breach of CITY's obligations to the USOC under the Core Agreement or to any sponsors of the CITY for the Training Facility. Except for temporary hospitality banners for the purpose of welcoming incoming guests of Lessee, all exterior signs, graphics and displays of every kind located on the Premises shall be subject to CITY's prior written approval, which approval may be given or withheld in CITY's reasonable discretion, and shall be subject to all Laws and in compliance with the Core Agreement and the Rules and Regulations with respect to such signs, graphics and displays. The existing signage on the Premises as of the date of this Lease has been approved by CITY. Lessee may place signs on the interior and exterior of the Archery Building and Easton Housing recognizing donors of Lessee, it being expressly acknowledged and agreed that CITY shall have the right to limit (but not exclude), in its reasonable discretion, but on a non-discriminatory basis, the size of such signs on the exterior of the Archery Building and Easton Housing recognizing donors of Lessee. The parties agree that it shall be reasonable for CITY to disapprove any signs, graphics or displays that conflict with or could reasonably result in a breach of CITY's obligations to the USOC under the Core Agreement or to any sponsors of the Training Facility. Without limiting the foregoing, Lessee shall have no right to place any signs on any other portion of the Training Facility other than directional signs identifying the Archery Building, the Easton Housing, New Archery Range#1 and New Archery Range#2. 5.2.2 Lessee shall use commercially reasonable efforts to avoid entering into agreements with sponsors that conflict with CITY's sponsors for the Training Facility or the USOC's sponsors or could reasonably cause CITY or USOC to be in breach of any agreements with such respective sponsors. Lessee shall not use Olympic marks, images or terminology or 2016-11-15 Agenda Packet Page 229 the name of the USOC for advertising, promotions, fundraising or merchandise without USOC's prior consent, which consent may be withheld in USOC's sole and absolute discretion. Lessee shall not itself, and shall not permit any of Lessee's donors, sponsors, licensees, members, partners or vendors to imply a commercial association with USOC or the Training Facility unless the same are official USOC sponsors and such use or association has been approved by USOC. Without limiting the foregoing, CITY hereby grants a license to Lessee to use the name "City of Chula Vista Training Center," provided that Lessee shall provide a copy of the form of all advertising or other promotional materials in which such designation is used or will be used by Lessee. 5.3 USE OF OLYMPIC NAME. The parties hereby acknowledge and agree that USOC and Lessee have executed that certain Trademark License Agreement dated as of January 28, 2011 (the "Trademark Agreement"), pursuant to which Lessee is authorized to use the word "Olympic" in connection with Lessee's Grass Roots Archery Development Program in accordance with and as more particularly set forth in the Trademark Agreement. 5.4 CESSATION OF OPERATIONS. If Lessee ceases to operate the Premises for the Permitted Use for a period in excess of nine (9) months, CITY and Operator will thereafter have the right, but not the obligation, to assume operation of the Premises for the Permitted Use until such time as Lessee delivers to CITY and Operator a written notice (the "Recommencement Notice") providing reasonable assurances to CITY and Operator that Lessee will recommence continuous operation of the Premises for the Permitted Use within thirty (30) days of the date of the Recommencement Notice. If Lessee does not recommence continuous operation of the Premises for the Permitted Use within such thirty (30) day period, CITY and Operator will have the right to assume operation of the Premises for the Permitted Use until such time that Lessee actually recommences continuous operation of the Premises for the Permitted Use. During any period of time that CITY and Operator assume operation of the Premises pursuant to this Section 5.4, all costs and expenses of operation incurred by the CITY and Operator shall be the sole responsibility of CITY and Operator and all revenue generated from the Premises during such period shall belong solely to the CITY and Operator. For the purposes of this Section 5.4, Lessee shall not be deemed to have ceased operations if (a) the Premises are closed for a period of time not more than eighteen (18) continuous months due to damage by fire or other casualty, taking by eminent domain or force majeure, or (b) the Premises are closed for a period of time of not more than twelve (12) continuous months due to alterations, renovation or repair (except to the extent that such alterations, renovations or repairs are caused by a fire, casualty, taking by eminent domain or force majeure, in which event the eighteen (18) month period set forth in subsection (a) of this paragraph shall apply). 6. OPERATION AND MANAGEMENT OF PREMISES. 6.1 USERS. 6.1.1 Archery Permitted Users. Lessee and USAA shall provide to CITY a list of Archery Permitted Users whom Lessee and USAA intend to allow to use only the Premises. Such list need not include the names of each individual Archery Permitted User but shall include the names of any groups of Archery Permitted Users and the approximate number of Archery Permitted Users to be on the Premises during any given week. For all Archery Permitted Users 2016-11-15 Agenda Packet Page 230 whom Lessee or USAA intend to have use of the Training Facility for Incremental Services who are not designated or approved by the USOC, Lessee or USAA shall submit a form to the CITY as soon as reasonably practicable before such intended use indicating the number of people, the number of days of use, the type of Incremental Services to be used, and any other information reasonably requested by the CITY or Operator ("Training Facility Use Form"). No later than five (5) days after receipt of such Training Facility Use Form, the CITY shall inform Lessee or USAA as to whether the Training Facility has capacity for such Archery Permitted Users on the dates requested and what level of Incremental Services are available for such Archery Permitted Users. The CITY shall use commercially reasonable efforts to accommodate the use of the Training Facility and the Incremental Services by the Archery Permitted Users designated in the Training Facility Use Form. For the avoidance of doubt, CITY's receipt of such list shall not obligate either CITY or Operator to evaluate, investigate or screen the Archery Permitted Users . All Archery Permitted Users shall be subject to the Rules and Regulations. In addition, provided CITY provides Lessee copies of all such materials, Lessee shall deliver to each Archery Permitted User a copy of all facility use guidelines, athlete codes of conduct, resident services rules and any other policies and procedures promulgated by CITY from time to time with respect to the use of the Property by Archery Permitted Users and other persons which the CITY approves to use the Property (collectively, the "Facility Rules and Regulations"). The Facility Rules and Regulations shall not materially and adversely affect Lessee's use of the Premises and its rights under this Lease and, further provided, such Facility Rules and Regulations shall not be discriminatory to Lessee and its Invitees. If Lessee becomes aware that any Archery Permitted User is not in compliance with the Facility Rules and Regulations, Lessee shall promptly report such non-compliance to CITY. CITY shall have the right to suspend or terminate access and/or privileges for any person (a) for whom CITY does not have an executed copy of the Facility Rules and Regulations on file, and/or (b) who violates the Facility Rules and Regulations. Notwithstanding anything to the contrary contained herein, CITY may amend or modify the Facility Rules and Regulations Guidelines at any time in CITY's reasonable discretion, provided that CITY uses commercially reasonable efforts to ensure that such modifications do not materially and adversely affect Lessee's use of the Premises or its rights hereunder and do not discriminate against Lessee or USAA. Without limiting the foregoing, all employees, coaches, staff and consultants hired by Lessee to work in or around the Premises including,but not limited to, Lessee's private foundation staff, shall be subject to background checks for the purpose of solely investigating such persons criminal background or immigration status (which shall be performed by CITY and/or Operator at Lessee's sole cost and expense) and prior approval by CITY, which may be withheld in CITY's sole and absolute discretion. No Archery Permitted User shall be charged any fee by CITY or Operator for use of only the Premises. 6.1.2 Resident Athletes. All Resident Athletes at the Property pursuant to arrangements with the USOC and/or USAA shall have the right to use the Property pursuant to USOC's rights under the Core Agreement. 6.1.3 Use by USAA. Lessee and USAA shall enter a separate agreement ("USAA Agreement") providing for USAA's use of the Premises in a form substantially the same as the one provided to the CITY prior to execution of this Lease. Lessee shall provide a fully executed copy of the USAA Agreement to CITY within sixty (60) days after the execution of this Lease by all parties. 2016-11-15 Agenda Packet Page 231 6.2 INCREMENTAL SERVICES. Any Archery Permitted User designated on the Training Facility Use Form and whom the CITY is able to accommodate in accordance with Section 6.1 above, shall be referred to herein as a "Training Facility Permitted User." All costs and expenses for Incremental Services utilized by Training Facility Permitted Users shall be charged to the Training Facility Permitted User or, at CITY's option, to Lessee or USAA (unless the USOC is obligated to pay for such Training Facility Permitted User pursuant to the Core Agreement), at the following rate: the Tier 1 Rate (as defined below) applicable to the intended use. Lessee or USAA, as the case may be, shall pay any such expenses charged to it within thirty(30) days after receipt of an invoice therefor from CITY. As used in this Lease, the term "Tier 1 Rate" shall mean the CITY's and/or Operator's lowest rate charged to any and all third-party users of the Training Facility, not taking into account those rates charged directly to the USOC (which may be lower than the Tier 1 Rate), and subject to annual increases determined by CITY and Operator. The Tier 1 Rates for the 2017 calendar year is set forth in Exhibit J to this Lease. Notwithstanding the above, CITY and Lessee agree that with respect to any and all international athletes that are Archery Permitted Users representing a foreign country (each, an "International Athlete"), Lessee shall contract directly with such International Athlete for use of the Premises only, that CITY or the Operator shall contract directly with such International Athletes for use of portions of the Training Facility other than the Premises and that the CITY or Operator shall not be limited to charging such International Athletes the Tier 1 Rate. 6.3 NEW ARCHERY RANGE #1. Use of New Archery Range #1 shall be subject to the following: 6.3.1 Use of New Archery Range #1 shall be used exclusively by Lessee for archery training events and archery competition events with access for USAA Athletes as provided under the USAA Agreement. 6.3.2 Hours of operation for New Archery Range #1 shall allow for Lessee to use the range for night practice up until 11:00 p.m. local time if, and only if, the following conditions are satisfied: (a) the proposed lighting and night practice hours do not violate any local zoning, noise, sound or other restrictions or ordinances; and (b) the range is lit by Outdoor Range Lighting as follows: (i) the proposed lighting mechanism does not affect or disrupt other athletes or residents living and/or training at the Property, as reasonably determined by CITY; and (ii) the lighting is installed and working properly. Lessee shall pay, at its sole cost and expense, the cost of the lighting fixtures and installation of the Outdoor Range Lighting. Lessee currently contemplates outdoor range lighting utilizing individual spot light(s), of reasonable wattage, on each target and at each shooting position. Lessee shall maintain the mechanical components of the Outdoor Range Lighting including, but not limited to, light bulb replacement. Lessee will pay for electricity charges associated with such Outdoor Range Lighting. 6.4 NEW ARCHERY RANGE #2. Use of New Archery Range #2 shall be subject to the following: 6.4.1 Use of New Archery Range #2 shall be used primarily by Lessee for grassroots archery development programs and other archery training and competitions with access for USAA Athletes as provided under the USAA Agreement. 2016-11-15 Agenda Packet Page 232 6.4.2 The CITY may use, free of charge, Archery Range #2 with the prior approval of Lessee, which shall not be unreasonably withheld, conditioned or delayed and subject to prior scheduling. Any use by the CITY or third party users designated by CITY shall not degrade or materially negatively affect the condition of new Archery Range #2. 6.4.3 Hours of operation for New Archery Range #2 shall allow for Lessee to use the range for practice until dark, unless target lighting is installed on New Archery Range #2, and, in such event, the hours of operation and use of such target lighting shall be subject to the same conditions as set forth in Section 6.3.2 above. 6.4.4 STORAGE BUILDING. Lessee shall have exclusive use of the Storage Building and Lessee may sublease, at its sole discretion, a portion of the Storage Building to NGBs, in accordance with the terms and conditions set forth in Section 16.1 of this Lease. 6.5 ARCHERY BUILDING. Lessee shall have exclusive use of the Archery Building with access for USAA Athletes as provided under the USAA Agreement. CITY and/or Operator may use the meeting rooms in the Archery Buildings not more than two (2) times each month free of charge (except for reimbursement for reasonable and actual expenses of Lessee in providing such meeting rooms for CITY and/or Operator) for meetings with the prior written approval of Lessee, which shall not be unreasonably withheld, conditioned or delayed, and subject to prior scheduling or other priority uses as determined by Lessee in Lessee's sole discretion. CITY and/or Operator may use the Archery Buildings for non-archery uses (such as for banquets) with the prior written approval of Lessee, which shall not be unreasonably withheld, conditioned or delayed. Such use by CITY and/or Operator shall be subject to prior scheduling or other priority uses as determined by Lessee in Lessee's sole discretion and shall be conditioned upon payment by CITY and/or Operator to Lessee of a preferred rate (to be reasonably determined by Lessee) for such use. 6.6 WEST SOCCER FIELD. Use of the West Soccer Field shall be subject to the following (it being expressly acknowledged and agreed that the West Soccer Field is not included within the Premises): CITY shall have complete control over use of the West Soccer Field. The Lessee, or USAA as an invitee of the Lessee, may use the West Soccer Field for special events free of charge with the prior written approval of CITY, which shall not be unreasonably withheld, conditioned or delayed, and shall be subject to prior scheduling or other priority uses in CITY's sole discretion. CITY will use commercially reasonable efforts to accommodate Lessee's requests to use the West Soccer Field for special events relating to archery, such as state, national or international archery competitions, seminars and training camps, some of which may require advance scheduling of longer than two (2) years. Notwithstanding anything to the contrary under this Lease, the parties do not intend USAA to be, and USAA shall not be deemed to be, a third-party beneficiary of this Section 6.6 or any other provision of this Lease. 6.7 GRASSROOTS ARCHERY DEVELOPMENT PROGRAMS. Lessee, at its sole cost and expense, shall provide staff and funding to (a) develop and operate Grassroots Archery 2016-11-15 Agenda Packet Page 233 Development Programs in the City of Chula Vista, at a minimum as currently provided ("Existing Grassroots Program") and (b) train non-Resident Athletes participating in such Grassroots Archery Development Programs with the goal of training athletes for future USAA archery teams. The Existing Grassroots Program involves programs at middle schools and high schools in the City of Chula Vista. 6.8 VENDORS. Any and all vendors utilized by Lessee on the Premises shall comply with any and all restrictions of the USOC as specified in the Core Agreement. 7. POSSESSION; COVENANT OF QUIET ENJOYMENT. 7.1.1 Subject to the rights of the CITY as set forth in this Lease, sole possession of the Premises shall be delivered to Lessee on the Commencement Date free and clear of any other tenancies or rights of occupancy or use, and Lessee shall take possession as of such date. 7.1.2 CITY covenants that, subject to the limitations expressly set forth herein, Lessee, upon Lessee's timely payment of the Rent and performance of Lessee's covenants and obligations under this Lease, may quietly have, hold, and enjoy the Premises during the Term, without hindrance or interruption by CITY or anyone claiming by or through CITY, subject to CITY's right to enter upon the Premises as expressly provided herein, and subject to any rights CITY and/or Operator may have to operate the Easton Housing and the Easton Housing Adjacent Improvements pursuant to Article 15 if this Lease. 8. EARLY TERMINATION OPTION. Lessee may elect, in its sole and absolute discretion, to terminate the Lease if any of the following events occur: (i) the CITY has given Lessee a City Notice of Operation pursuant to Section 2.3 of this Lease; (ii) the CITY has failed to provide food service, weight room or sports performance services at the minimum levels set forth in the attached Exhibit E and such failure has not been cured within the cure period set forth in Section 17.4.1 of this Lease; or (iii) the number of Bed Days at the Training Facility and the Easton Housing (excluding Resident Archery Athlete Bed Days as defined in Section 15.2.2 below) during any continuous twenty-four (24) month period used by Qualified Athletes falls below an average of fifteen percent (15%) of the total available Bed Days during such period. CITY shall keep current and accurate records of the Bed Days used by Qualified Athletes at the Training Facility. Lessee may request such records and reasonable supporting documentation from CITY from time to time (which request may be made no more than four times per Lease Year) and CITY shall provide to Lessee copies of such records and documentation within fifteen (15) days of any such request. If Lessee elects to terminate this Lease for one of the reasons set forth above in this Section 8, it shall deliver a notice to CITY ("Notice of Termination") of its intention to terminate this Lease, provided that prior to the delivery of any such Notice of Termination, Lessee and CITY shall meet and confer for thirty (30) days to determine what steps can be taken by CITY, if any, to cure the occurrence of the event or events giving rise to Lessee's right to terminate this Lease pursuant to this Section 8. Lessee shall include in such Notice of Termination the date specified for such termination, which date shall be no sooner than one hundred eighty (180) days after the delivery of the Notice of Termination to CITY 2016-11-15 Agenda Packet Page 234 ("Termination Date"). Upon such delivery of the Notice of Termination as provided hereinabove or as provided in Section 11.6, as the case may be, the following shall apply: (a) The CITY shall prior to the Termination Date convey fee title to the Premises (including all Improvements thereon) to Lessee and this Lease shall terminate as of the date of such conveyance. In such event, Lessee may, at its discretion, designate in writing an entity (in lieu of Lessee) related to Lessee as the transferee to which title to the Premises shall be conveyed (such designated related entity being referred to herein as the "Related Entity Transferee." (b) Lessee (and the Related Entity Transferee, if any) shall assume all risk that the Premises is subject to any re-entry rights in favor of Eastlake and/or the Foundation, and CITY shall have no liability to Lessee if Eastlake and/or the Foundation elect to exercise any such re-entry rights. (e) In order to carry out the conveyances described above, CITY and Lessee shall conduct a closing in which (1) CITY shall deliver to Lessee (or the Related Entity Transferee, as the case may be) and record in the Official Records a quitclaim deed conveying CITY's fee title interest in the Premises to Lessee (or the Related Entity Transferee, as the case may be) free and clear of all monetary liens and encumbrances except monetary liens and/or encumbrances (i) affecting the Premises as of the Effective Date, (ii) caused by Lessee, (iii)permitted by the terms of this Lease (including those shown on the Parcel Map and/or the Declaration, it being agreed that no monetary liens may be recorded against the Premises by CITY unless expressly consented to by Lessee), and (iv) expressly consented to by Lessee, and (2) the parties shall deliver to each other such other documents reasonably required in order to effect the conveyance of the Premises to Lessee (or the Related Entity Transferee, as the case may be). (d) Concurrently with the conveyance of fee title to the Premises to the Lessee as provided above, CITY shall also execute, acknowledge and record one or more easement and use agreements in commercially reasonable form to be mutually agreed upon by the CITY and Lessee acting in good faith for the following rights and easements: (i) those easements provided for or contemplated in the Parcel Map for the Premises; (ii) to share the use of a reclaimed water line servicing the Premises and the balance of the Property; (iii) for data and utility lines servicing the Premises (including, without limitation, the right to use CITY's multi-conduit fiber communication system and infrastructure associated therewith for data, television, Wi-Fi and telephone); and(iv) to maintain the Fencing. (e) Concurrently with the conveyance of fee title to the Premises to the Lessee as provided above, the Lessee shall reimburse the CITY for the unamortized cost of (i) any and all Capital Improvements made by the CITY or the Operator to the Housing Improvements which have not been fully amortized pursuant to Section 15.4.2(iii) below, and (ii) any and all Alterations performed at CITY's or Operator's sole cost that were approved by Lessee pursuant to Section 15.8 of this Lease. 2016-11-15 Agenda Packet Page 235 9. COMPLIANCE WITH LAW; LIENS AND ENCUMBRANCES. 9.1 COMPLIANCE WITH LAWS. Subject to the provisions of Section 9.3 hereof and subject to the CITY fulfilling its obligations hereunder, Lessee, at its sole cost and expense, shall comply with and cause the Improvements located on the Premises to comply with (a) all federal, state, local and other governmental statutes, laws, rules, orders, regulations or ordinances, now or hereafter, affecting the Improvements or any part thereof, or the use thereof, or any structural changes in the Improvements whether or not any such statutes, laws, rules, orders, regulations or ordinances which may hereafter be enacted involve a change of policy on the part of the governmental body enacting the same, (b) all rules, orders and regulations of the National Board of Fire Underwriters or other bodies exercising similar functions and responsibilities in connection with the prevention of fire or the correction of hazardous conditions which apply to the Improvements, (c) the requirements of all of Lessee's policies of public liability, fire and other insurance which at any time may be in force with respect to the Premises, and (d) the ADA. All or any one of the items enumerated in this Section 8, as amended or superseded from time to time, hereinafter referred to as "Laws." To the extent that the Housing Improvements failed to comply with any Laws as of the date of the issuance of a certificate of occupancy for the Housing Improvements, Lessee shall be responsible for bringing the Housing Improvements into compliance with the Laws at Lessee's sole cost and expense, provided that Lessee shall not have any other obligations with respect to causing the Housing Improvements to remain in compliance with the Laws. 9.2 AGREEMENT RELATING TO HAZARDOUS SUBSTANCES. 9.2.1 Lessee hereby covenants that Lessee and its agents, employees and contractors will not generate, store, use, treat or dispose, nor suffer or permit the generation, storage, use, treatment or disposal, of any Hazardous Substances, on or at the Premises or the Training Facility or any part of the Improvements or the Housing Improvements, except for Hazardous Substances as are commonly legally used or stored (and in such amounts as are commonly legally used or stored) as a consequence of using the Premises for the Permitted Use, and so long as Lessee strictly complies or causes compliance with all laws, statutes, rules, orders, regulations, ordinances and decrees concerning the use or storage of such Hazardous Substances. CITY hereby covenants that CITY and its agents, employees and contractors, including Operator, will not generate, store, use, treat or dispose, nor suffer or permit the generation, storage, use, treatment or disposal, of any Hazardous Substances, on or at the Premises or any part of the Housing Improvements, except for Hazardous Substances as are commonly legally used or stored (and in such amounts as are commonly legally used or stored) as a consequence of operating the Housing Improvements as provided in Article 15 of this Lease, and so long as CITY strictly complies or causes compliance with all laws, statutes, rules, orders, regulations, ordinances and decrees concerning the use or storage of such Hazardous Substances. 9.2.2 Except with respect to Pre-Existing Conditions, Lessee hereby agrees to indemnify, protect, defend and hold harmless CITY and Operator from and against any and all Compliance Obligations, losses, liabilities, damages, claims, and any and all costs and expenses incurred by CITY and Operator, with respect to, or as a direct or indirect result of, the presence on or under, or the escape, seepage, leakage, spillage, discharge, emission, discharging or release on or from, the Premises, the Training Facility, the Improvements or the Housing Improvements 2016-11-15 Agenda Packet Page 236 of any Hazardous Substance, provided, however, that the foregoing indemnity is limited to matters arising as a result of or from (a) the presence of Hazardous Substances on, under or about the Premises, the Training Facility or other property as a result of the activities, or failure to act, in connection with the Premises or the Training Facility by Lessee or any Lessee Party and/or (b) from the violation of the covenants and agreements of Lessee contained in the preceding paragraph. The indemnity obligations set forth in this Section 9.2 shall not include any consequential damages, including, without limitation, any loss of profits. Lessee shall have no obligation or responsibility for Pre-Existing Conditions and CITY hereby releases and discharges Lessee from any and all claims, liabilities and expenses related thereto. 9.2.3 This Section 9.2 shall survive cancellation, termination or expiration of this Lease. 9.3 LIENS AND ENCUMBRANCES. 9.3.1 Lessee shall not create or permit to be created or to remain, and shall promptly discharge or bond, at its sole cost and expense, any lien, encumbrance or charge (all or any one of which hereinafter referred to as "Lien") upon the Premises, the Training Facility or any part thereof or upon Lessee's interest in the Premises hereunder that arises from the use or occupancy of the Premises by Lessee or by reason of any labor, service or material furnished or claimed to have been furnished to or for the benefit of Lessee or by reason of any construction, repairs or demolition by or at the direction of Lessee of all or any part of the Improvements. 9.3.2 Notice is hereby given that CITY shall not be liable for the cost and expense of any labor, services or materials furnished or to be furnished with respect to the Premises or the Training Facility at or by the direction of Lessee or anyone occupying the Premises or any part thereof by, through or under Lessee and that no laborer's, mechanic's or materialman's or other lien for any such labor, service or materials shall attach to or affect the interest of CITY in and to the Premises or the Training Facility. Lessee shall provide at least five (5) days' prior written notice to CITY before any labor is performed, supplies furnished or services rendered on or at the Premises or the Training Facility (except in the event of an emergency that could cause bodily harm to a person on or damage to the Premises, in which event Lessee shall deliver written notice to CITY as soon as practicable), and CITY shall have the right to post on the Premises and/or the Training Facility notices of non-responsibility. Nothing contained in this Lease shall be deemed or construed in any way as constituting the consent or request of CITY, express or implied, by inference or otherwise, to any contractor, subcontractor, laborer or materialman for the performance of any labor or the furnishing of any materials for any improvements or repairs to or of the Premises or any part thereof, nor as giving Lessee any right, power or authority on behalf of CITY to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any Lien against the Premises or any part thereof. 9.3.3 If Lessee fails to discharge or bond over any Lien or to comply with any Laws as required in Section 9.3.1 hereinabove provided, and such failure continues for ten (10) Business Days after Lessee's receipt of written notice from CITY, CITY, without having to declare a default hereunder or giving Lessee additional notice pursuant to Article 17 below, and without relieving Lessee of any liability hereunder, may, but shall not be obligated to, discharge 2016-11-15 Agenda Packet Page 237 or pay such Lien (either by paying the amount claimed to be due or by procuring the discharge of such Lien by deposit or by bonding proceedings) or cause compliance with such Laws, and any amount so paid by CITY and all costs and expenses incurred by CITY in connection therewith shall constitute additional rent hereunder and shall be paid by Lessee to CITY within ten (10) days after receipt of written demand by CITY, with Interest thereon from the date incurred by CITY until paid. 10. REPAIRS AND ALTERATIONS. 10.1 MAINTENANCE AND REPAIR OF PREMISES, ARCHERY BUILDING AND ARCHERY BUILDING ADJACENT IMPROVEMENTS BY LESSEE. Lessee, at its cost, shall clean, maintain, preserve, repair and replace and keep the Archery Building, Storage Building, and the Archery Building Adjacent Improvements in good order, condition and repair, ordinary wear and tear, and damage by casualty or condemnation excepted. Such maintenance and repair shall include, without limitation, maintenance and repair of all structural and nonstructural components, trash areas, lighting, sidewalks, walkways, landscaping, gates and HVAC. In the event Lessee fails to maintain the Improvements, in accordance with the obligations under this Lease, which failure continues at the end of thirty (30) days following Lessee's receipt of written notice from CITY stating the nature of the failure, CITY shall have the right, but not the obligation, to perform such maintenance, repairs or refurbishing at Lessee's sole cost and expense (including a sum for overhead reasonably allocated for such work). Lessee shall maintain written records of maintenance and repairs, as required by any Laws, and shall use certified technicians to perform such maintenance and repairs, as so required. Lessee shall make available to the CITY for review copies of all service or maintenance contracts entered into by Lessee for the Archery Building and the Archery Building Adjacent Improvements within ten (10) days following CITY's request. Lessee and CITY hereby agree to cooperate in good faith to (i) mutually determine those service vendors to be retained by Lessee in connection with the performance of Lessee's obligations under this Section 10.1 (it being agreed that Lessee shall consider those service vendors recommended by CITY, but that Lessee shall be entitled to select service vendors of its choosing so long as such service vendors are reasonably acceptable to CITY), and (ii) agree upon operational and system integration procedures for the Archery Building and Archery Building Adjacent Improvements pertaining to, among other things, fire- life safety communication systems, emergency response procedures, card access control system integration, security procedures and after-hours access. 10.2 MAINTENANCE AND REPAIR OF OUTDOOR AREA AND OUTDOOR ARCHERY IMPROVEMENTS. CITY does not warrant either expressly or impliedly the condition of the Premises or the Property, or fitness of the Premises or the Property for Lessee's intended use. Subject to Lessee's obligations to repair and maintain the Archery Building, the Archery Building Adjacent Improvements and the Storage Building set forth in Section 10.1 above, CITY shall be responsible for the maintenance and repair of the Training Facility, including without limitation, the Outdoor Area and Outdoor Area Archery Improvements in good order, condition and repair, including without limitation, maintenance, repair and replacement of all structural and nonstructural aspects of the Outdoor Area, roads, trash areas, lighting, sidewalks, walkways, irrigation systems, Fencing and gates, utilities (including the cost of any reclaimed water used for such), landscaping, sweeping and sanitary control. Notwithstanding the foregoing, if any such maintenance or repairs are caused by the negligence 2016-11-15 Agenda Packet Page 238 or willful misconduct of Lessee, its employees, agents or contractors, then Lessee shall reimburse to CITY, as additional rent, the cost of all such maintenance and repairs within thirty (30) days after receipt of CITY's statement. CITY shall have a reasonable period of time to make repairs or maintenance to the Outdoor Area and Outdoor Area Archery Improvements; however, it is expressly understood and agreed that CITY shall not be liable for any consequential, punitive or other damage sustained by Lessee, or anyone claiming under Lessee, due to CITY's inability, delay or negligence in making such repairs, and CITY's liability with respect to any such repairs or maintenance shall be limited to the cost of such repairs or maintenance. Lessee hereby waives and releases any rights Lessee may have pursuant to Sections 1932, 1941 and 1942 of the California Civil Code or pursuant to any similar law, statute or ordinance now or hereafter in effect with respect to CITY's maintenance and repair obligations under this Lease. 10.3 ALTERATIONS. Lessee shall not have the right to make any Alterations to the Improvements, without CITY's prior consent, which consent may be withheld in CITY's reasonable discretion; provided, however, that Lessee shall have the right to make Interior Alterations to the Premises without first obtaining CITY's consent (the "Permitted Interior Alterations") if such Interior Alterations (a) do not affect or consist of any of the structural components of the Archery Building, (b) do not affect or consist of any of the systems and/or equipment of the Archery Building, (c) do not affect and cannot be seen from outside the Archery Building, and (d) do not cost more than $100,000 in any one instance. Lessee shall deliver to CITY prior notice of any such Permitted Interior Alterations prior to the commencement thereof. Notwithstanding the foregoing and regardless of the cost of any Alterations, Lessee may not make any Alterations to the Improvements if such Alterations could have a material adverse impact on CITY, the Training Facility, any training conducted at the Training Facility or CITY's operation of the Training Facility, as determined in the reasonable discretion of the CITY. No Alterations to the Improvements shall reduce or impair the value of the Premises or in any way impair the structural integrity of the Improvements. All Alterations to the Improvements shall be conditioned upon Lessee's compliance with CITY's requirements in this Lease regarding construction of Alterations. If the CITY's prior consent is required as provided herein, Lessee shall submit plans and specifications to CITY with Lessee's request for approval and shall reimburse CITY for all costs which CITY may incur in connection with granting approval to Lessee for any such Alterations requiring consent, including any reasonable and actual costs or expenses which CITY may incur in electing to have outside architects and engineers review said matters not to exceed $2,500 for each proposed Alteration that requires CITY's approval hereunder, plus if a CITY building permit is required, CITY's standard building permit and related fees. All Alterations to the Improvements shall be done at Lessee's expense and, if applicable, in strict accordance with all Laws. If any Alterations to the Improvements requested by Lessee trigger or give rise to a requirement that the Premises come into compliance with any Laws, Lessee shall be fully responsible for complying, at its sole cost and expense, with the same. Lessee shall file a notice of completion after completion of such work and provide CITY with a copy thereof. Lessee shall provide CITY with a set of"as-built" drawings for any Alterations to the Improvements. 11. DAMAGE AND DESTRUCTION. 11.1 NOTICE. In the event of any damage to or destruction of all or any part of the Improvements or the Housing Improvements, Lessee will, promptly upon becoming aware of 2016-11-15 Agenda Packet Page 239 such damage or destruction, give written notice thereof to CITY, which notice shall generally describe the nature and extent of such damage or destruction. 11.2 RESTORATION. Subject to the provisions set forth in Sections 11.3, 11.4, 11.5, 11.6, 11.7 and 11.8 herein, in the event of any damage to or destruction of all or any part of the Improvements, (a) Lessee shall promptly commence and shall thereafter diligently and continuously prosecute to completion the Restoration of said Improvements; and (b) to the extent required by Lessee, in its reasonable discretion, Lessee shall promptly commence and shall thereafter diligently and continuously prosecute to completion the Restoration of any furniture, fixtures, equipment or other personal property of Lessee. All such work by Lessee shall be undertaken as nearly as practicable to their value, architectural condition and character as existed immediately prior to such damage or destruction so as to permit resumption of the use of the Premises for the Permitted Use to as nearly the same degree as possible (pending completion of the Restoration). 11.3 APPLICATION OF PROCEEDS. Except as otherwise provided in this Article 11, insurance proceeds received on account of any damage to or destruction of the Improvements or any part thereof, shall be applied to pay for the cost of Restoration. 11.4 DAMAGE COVERED BY INSURANCE. Except as otherwise provided in this Article 11, if the Improvements shall be damaged by fire or other casualty which is covered by insurance required to be maintained by Lessee herein, Lessee shall with due diligence proceed with the Restoration. 11.5 UNINSURED CASUALTY. If the Improvements shall be damaged by fire or other casualty not covered (except for deductible amounts) by insurance required to be maintained by Lessee herein, then Lessee shall have the right, at Lessee's option, either (i) to repair such damage as soon as reasonably possible at Lessee's sole expense, or (ii) to give written notice to CITY within ninety(90) days after the date of the occurrence of such damage of Lessee's election to terminate this Lease as of the date of the occurrence of such damage. Notwithstanding the foregoing, if the cost to repair any uninsured casualty is less than $250,000, then Lessee shall not have the right to terminate as provided above, and Lessee shall with due diligence proceed with the Restoration at Lessee's sole expense. 11.6 DAMAGE TO THE TRAINING FACILITY. If any portion of the Training Facility other than the Improvements is damaged or destroyed by fire or other casualty that prevents Lessee or the Easton Permitted Users from being able to gain access to the Premises, and reasonable substitute access cannot reasonably be provided within one hundred eighty (180) days after the date of such damage or destruction, or (ii) is not provided within two hundred seventy (270) days after the date of such damage or destruction, Lessee shall have the option to terminate this Lease by written notice to the CITY within a reasonable time after the date of such damage or destruction, in which event this Lease shall terminate upon the date of such notice and Rent and all other charges due hereunder shall be prorated to such day. In addition, if a substantial portion of the Training Facility other than the Improvements is damaged or destroyed by fire or other casualty and the CITY determines that it substantially interferes with CITY's ability to operate the Training Facility as a functional Training Facility and ceases operation of the Training Facility for a period of more than seven hundred twenty (720) days after the date of 2016-11-15 Agenda Packet Page 240 such damage or destruction, then CITY shall have the right to terminate this Lease by written notice to the Lessee within a reasonable time after such seven hundred twenty (720) days, in which event this Lease shall terminate upon the date of such notice and Rent and all other charges due hereunder shall be prorated to such day. In such event, Lessee shall be deemed to have given a "Notice of Termination" as defined in Article 8 above and the provisions of Article 8 shall thereafter apply. In the event neither Lessee or CITY terminates this Lease pursuant to this Section 11.6, CITY shall diligently and continuously prosecute to completion the Restoration of the damaged areas of the Training Facility (other than the Improvements). In the event Lessee is prevented from having access to the Premises as provided above, then the Term of this Lease shall be extended for the same number of days as the Lessee is denied such access. 11.7 DAMAGE NEAR THE END OF THE TERM. If, during the last year of the Initial Term, unless Lessee elects to extend the Term as provided in Section 2.3, or the last year of any Extension Term unless Lessee has elected to extend the then-current Term for the next Extension Term, the Improvements are damaged by fire or other casualty and the estimated time to repair or restore the same exceeds one month, Lessee and CITY shall each have the option, exercisable by written notice to the other party within sixty (60) days after the date of such casualty to terminate this Lease effective as of the date of such casualty. In such event, CITY shall be entitled to the insurance proceeds attributable to the Improvements, Lessee shall be entitled to the insurance proceeds attributable to Lessee's Property, and Lessee shall surrender the Premises to CITY in a clean and sightly condition, free of any and all debris and free of damaged Improvements, provided, however, that, notwithstanding the foregoing, Lessee shall be entitled to a portion of insurance proceeds attributable to the Improvements to the extent necessary to pay for the reasonable and actual costs of removing all debris and the damaged Improvements. If neither Lessee nor CITY elects to terminate this Lease, then Lessee shall with due diligence cause such Restoration at its sole cost and expense. 11.8 CITY RESTORATION. In the event of any damage to or destruction of all or any part of the Outdoor Archery Improvements, to the extent covered (except for deductible amounts)by insurance maintained by CITY, CITY shall promptly commence and shall thereafter diligently and continuously prosecute to completion the Restoration of the Outdoor Archery Improvements. All such work by CITY shall be undertaken as nearly as practicable to their value, condition and character as existed immediately prior to such damage or destruction so as to permit resumption of the use of the Outdoor Archery Improvements to as nearly the same degree as possible (pending completion of the Restoration). 12. INSURANCE. 12.1 CLASSES OF INSURANCE FOR LESSEE. From and after the Effective Date, Lessee shall maintain insurance against the risks and hazards and with coverage in amounts not less than those specified as follows: 12.1.1 Property Insurance for the Improvements and Lessee's Property, against the risks customarily included under what is commonly referred to as "Special Form" (a.k.a. "All Risks") policies in an amount equal to 100% of the Replacement Cost of the Improvements and Lessee's Property (subject to reasonable deductibles). As used in this Article 12, the term "Replacement Cost" shall mean the replacement cost agreed to by CITY and its insurer or 2016-11-15 Agenda Packet Page 241 Lessee and its insurer, as the case may be, in the insurance policies required by Sections 12.1 and 12.4, respectively. In the event there are no such insurance policies or such policies do not contain a determination of Replacement Cost, then Replacement Cost shall be determined by other reasonable and appropriate means. 12.1.2 Commercial general liability insurance (including, but not limited to, coverage for any construction on or about the Premises) with a minimum of not less than One Million and No/100 Dollars ($1,000,000) per occurrence and Two Million and No/100 Dollars ($2,000,000) aggregate, providing coverage for, among other things, bodily injury and property damage (including, without limitation, for sports spectators and participants), blanket contractual liability for both oral and written contracts, premises and operations, personal and advertising injury, and products/completed operations with an endorsement commonly referred to as "Additional Insured-Managers or Lessors of Premises Endorsement" (or its equivalent). Said coverage will include the deletion of the exclusion for explosion, collapse or underground hazard, provide for separation of insureds, and include coverage for liability assumed under this Lease as an "insured contract" for the performance of Lessee's indemnity obligations under this Lease. 12.1.3 Commercial automobile liability insurance having a combined single limit of not less than One Million and No/100 Dollars ($1,000,000) per occurrence and insuring Lessee against liability for claims arising out of ownership, maintenance, or use of any owned, hired, borrowed or non-owned automobiles. 12.1.4 Workers' compensation insurance having limits not less than those required by applicable state statute and federal statute and covering all persons employed by Lessee in the conduct of its operations at the Premises (including the all states endorsement and, if applicable, the volunteers endorsement), together with employer's liability insurance coverage in the amount of at least One Million and No/100 Dollars ($1,000,000) each accident for bodily injury by accident, One Million and No/100 Dollars ($1,000,000) policy limit by disease, and One Million and No/100 Dollars ($1,000,000) each employee for bodily injury by disease. 12.1.5 Umbrella liability insurance on an occurrence basis, with minimum limits of not less than Ten Million and No/100 Dollars ($10,000,000) aggregate limit, in excess of and following the form of the underlying insurance described in Sections 12.1.2 and 12.1.3 which is at least as broad as each and every area of the underlying policies. Such umbrella liability insurance shall be effective at all times as the primary policies, blanket contractual liability, application of primary policy aggregates, and shall provide that if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. The amounts of insurance required in Sections 12.1.2, 12.1.3 and 12.1.5 of this Lease may be satisfied by purchasing coverage for the limits specified or by any combination of underlying and umbrella limits, so long as the total amount of insurance is not less than the limits specified in each of Sections 12.1.2 and 12.1.3 above when added to the limit specified in this Section 12.1.5. 12.1.6 Any other forms of insurance CITY may require from time to time, in form and amounts and for insurance risks against which a prudent tenant or licensee of comparable size and in a comparable business would protect itself. 2016-11-15 Agenda Packet Page 242 12.2 REQUIREMENTS FOR LESSEE'S POLICIES. All insurance required under Section 12.1 hereof shall be written by companies of recognized financial standing with a rating of at least A-:VII as issued by A.M. Best Company, Inc. (or if a rating of A.M. Best Company Inc. is no longer available, a similar rating from a similar or successor service), or otherwise acceptable to CITY which are authorized to do insurance business in the State of California, and shall expressly provide that no cancellation of such policies shall be effective until at least ten (10) days after receipt by CITY and Lessee of written notice thereof. The policies identified in Sections 12.1.1, 12.1.2 and 12.1.3 of this Lease shall name CITY and EAS (or EAS's successor as Operator of the Training Facility) either as an additional insured or loss payee to the extent of Lessee's indemnification obligations hereunder. Lessee may obtain the insurance required hereunder by endorsement on its blanket insurance policies, provided that said policies fulfill the requirements of this Section 12.2. Lessee shall be entitled to carry deductibles in connection with the foregoing coverage up to $50,000 Dollars, from time to time. 12.3 CERTIFICATES. A certificate(s) of insurance for all insurance required to be maintained by Lessee hereunder in a form reasonably acceptable to CITY and additional insured and loss payee endorsements for "Managers or Lessors of Premises" (or equivalent in form reasonably acceptable to CITY), shall be delivered to CITY no later than seven (7) days prior to the date of Lessee's entry onto the Premises, and with respect to renewal or replacement policies, not less than ten (10) days prior to expiration of the policy being renewed or replaced. In the event that Lessee fails to obtain, maintain or renew any insurance provided for in this Article 12 or to pay the premiums therefor, or to deliver to CITY any of such certificates, and such failure continues for ten (10) days after Lessee's receipt of written notice from CITY, CITY may, but shall not be obligated to, procure such insurance, pay the premiums therefor or obtain such certificates, and any costs or expenses incurred by CITY for such purposes shall be additional rent hereunder and shall be immediately paid by Lessee to CITY within ten (10) days after receipt of written demand by CITY. All liability, property damage or other casualty policies required of Lessee shall be written as primary policies, not contributing with or secondary to coverage which CITY may carry. 12.4 INSURANCE FOR CITY. Commencing on the Effective Date and continuing throughout the Lease Term, CITY shall maintain the following insurance: (a) commercial general liability insurance on the Training Facility with limits of not less than One Million and No/100 Dollars ($1,000,000) per occurrence and Two Million and No/100 Dollars ($2,000,000) aggregate, with umbrella/excess coverage of at least Five Million and No/100 Dollars ($5,000,000). (b) Property Insurance for the Easton Housing and Easton Housing Adjacent Improvements , including all personal property and furnishing therein against the risks customarily included under what is commonly referred to as "Special Form" (a.k.a. "All Risks") policies in an amount equal to 100% of the Replacement Cost of the Housing Improvements (subject to reasonable deductibles). (c) All insurance required under Section 12.4(b) hereof shall be written by companies of recognized financial standing with a rating of at least A-:VII as issued by A.M. Best Company, Inc. (or if a rating of A.M. Best Company Inc. is no longer available, a 2016-11-15 Agenda Packet Page 243 similar rating from a similar or successor service), or otherwise acceptable to Lessee which are authorized to do insurance business in the State of California, and shall expressly provide that no cancellation of such policies shall be effective until at least ten (10) days after receipt by CITY and Lessee of written notice thereof. The policies identified in Section 12.1.1 above shall name Lessee either as an additional insured or loss payee to the extent of CITY's indemnification obligations hereunder. Lessee may obtain the insurance required hereunder by endorsement on its blanket insurance policies, provided that said policies fulfill the requirements of this Section 12.4. (d) A certificate(s) of insurance for all insurance required to be maintained by CITY hereunder in a form reasonably acceptable to Lessee shall be delivered to Lessee no later than seven (7) days after the date of this Lease and with respect to renewal or replacement policies, not less than ten (10) days prior to expiration of the policy being renewed or replaced. 12.5 WAIVER OF SUBROGATION. CITY and Lessee shall each cause to be included in all policies of property insurance coverage obtained by them with respect to the Premises and the Property, and Lessee shall cause to be included in its policies of workers' compensation coverage, a waiver by the insurer of all right of subrogation against the other and the directors, officers, volunteers, partners, representatives, agents and employees of the other in connection with any loss or damage thereby insured against. Any additional premium for such waiver shall be paid by the party carrying such insurance. To the fullest extent permitted by law, CITY and Lessee each waives all right of recovery against the other (and any officers, directors, partners, employees, volunteers, agents, and representatives of the other) for, and agrees to release the other (and any officers, directors, partners, employees, volunteers, agents, and representatives of the other) from liability for, loss or damage to the extent such loss or damage is covered by valid and collectible insurance in effect at the time of such loss or damage (it being acknowledged and agreed that a party's failure to maintain the insurance required to be maintained by such party under this Lease shall not act to extinguish the waiver and release described above in this sentence). If the release of either party, as set forth in the immediately preceding sentence, should contravene any law with respect to exculpatory agreements, the liability of the party in question shall be deemed not released but shall be secondary to the liability of the other's insurer. For purposes of the foregoing waivers, any under-insurance, deductibles, retention, co-insurance or self-insurance maintained by the waiving party shall be treated as insurance proceeds to the same extent as though paid to the waiving party by a third- party insurer. 13. INDEMNIFICATION. 13.1 INDEMNIFICATION BY LESSEE. Except to the extent caused by the negligence or willful misconduct of CITY or its agents (including, without limitation, Operator), employees or contractors or CITY's material breach of this Lease, Lessee covenants and agrees to pay, defend, indemnify and save harmless CITY and Operator from and against any and all liability, loss, damage, cost, expense, causes of action, suits, claims, demands or judgments of any nature whatsoever (including reasonable attorneys' and expert witness fees), to the extent arising from (a) the negligence or intentional misconduct of Lessee or its agents, employees or contractors, and (b) the activities or things done by or for Lessee or any Lessee Party on, to or 2016-11-15 Agenda Packet Page 244 from the Premises. If any action or proceeding should be brought against CITY or Operator based upon any such claim and if Lessee, upon notice from CITY or Operator (as applicable), shall cause such action or proceeding to be defended at Lessee's expense by counsel reasonably satisfactory to CITY or Operator (as applicable), Lessee shall not be required to indemnify CITY or Operator for additional attorneys' fees and expenses incurred by CITY and/or Operator in connection with such action or proceeding. This indemnity does not apply to the extent of the negligence or intentional acts or omissions of CITY, its officers, agents (including, without limitation, Operator), contractors, or employees or CITY's breach of this Lease. The obligations of Lessee under this Section 13.1 shall commence to accrue on the Effective Date and with respect to any such matters occurring prior to the termination of this Lease, shall survive any termination of this Lease. 13.2 INDEMNIFICATION BY CITY. Except to the extent caused by the negligence or willful misconduct of Lessee or any Lessee Party or Lessee's material breach of this Lease, CITY covenants and agrees to pay, defend, indemnify and save harmless Lessee from and against any and all liability, loss, damage, cost, expense, causes of action, suits, claims, demands or judgments of any nature whatsoever (including reasonable attorneys' and expert witness fees) to the extent arising from (a) the negligence or intentional misconduct of CITY, the Operator or their agents, employees or contractors, and (b) the activities or things done by or for CITY or Operator or any of their officers, agents, contractors, or employees on, to or from the Premises. If any action or proceeding should be brought against Lessee based upon any such claim and if CITY, upon notice from Lessee, shall cause such action or proceeding to be defended at CITY's expense by counsel reasonably satisfactory to Lessee, CITY shall not be required to indemnify Lessee for additional attorneys' fees and expenses incurred by Lessee in connection with such action or proceeding. This indemnity does not apply to the extent of the negligence or intentional acts or omissions of Lessee or any Lessee Party. The obligations of CITY under this Section 13.2 shall commence to accrue on the Effective Date and with respect to any such matters occurring prior to the termination of this Lease, shall survive any termination of this Lease or Lessee's breach of this Lease. 14. OWNERSHIP AND SURRENDER OF IMPROVEMENTS. 14.1 OWNERSHIP AND SURRENDER OF IMPROVEMENTS, HOUSING IMPROVEMENTS AND LESSEE'S PERSONALTY. Fee title to the Improvements and the Housing Improvements shall be the property of and owned by CITY; provided, however, that pursuant to the terms and provisions of this Lease, Lessee's use, maintenance, insurance and other rights and obligations with respect to the Improvements shall otherwise be as though Lessee owns the Improvements. CITY shall retain all rights to depreciation deductions and tax credits arising from its ownership of the Improvements and the Housing Improvements. Except as expressly provided otherwise in this Lease, Lessee shall not remove any Improvements or Housing Improvements from the Premises, nor waste, destroy or modify (other than the modifications expressly permitted in Section 10.3 of this Lease) any Improvements or Housing Improvements. Lessee acknowledges that CITY's fee title interest in and to the Premises, and therefore, Lessee's use of the Premises, are subject to: (a) the effect of the Declaration and all other covenants, conditions, restrictions, easements, mortgages or deeds of trust, any ground lease of record, any rights-of-way of record, non-disturbance agreements, and any other matters or documents now or hereafter of record; (b) the effect of any zoning, building or other land-use 2016-11-15 Agenda Packet Page 245 laws of the CITY, county and state where the Premises is located; and (c) general and special taxes not delinquent. Lessee shall own all of its personal property and inventory before, during and after the Term. 14.2 SURRENDER. Except upon a termination under Article 8 or Section 11.6 above, in which event this Section 14.2 shall not be applicable, upon the expiration or earlier termination of this Lease, Lessee shall (a)peaceably quit and surrender the Premises, the Improvements, the Housing Improvements, and any and all machinery and equipment which is part of the Archery Building constructed, or installed by Lessee thereon (other than personal property, trade fixtures and furniture of Lessee) which is necessary to the operation of the Premises for the Permitted Use to CITY in good order and condition (except as expressly provided otherwise in this Lease), ordinary wear and tear and damage caused by casualty excepted, and (b) at CITY's election in its sole and absolute discretion, cause any of the construction documents to be assigned to CITY at no cost or expense to CITY. Lessee shall have the right, but not the obligation, within thirty (30) days after termination or expiration of this Lease to remove from the Premises all Personalty. Lessee shall promptly repair, at its sole cost and expense, any damage to the Premises or to the Improvements and/or the Housing Improvements caused by such removal. 15. EASTON HOUSING. 15.1 OPERATION AND MAINTENANCE. (a) CITY shall act as the sole and exclusive manager of the Easton Housing and Lessee shall not enter into any other agreement with respect to operation or management of the Easton Housing without the prior written approval of CITY. CITY shall have the right to enter into agreements with one or more third parties, including without limitation, Operator, with respect to the operation and management of the Easton Housing, provided, however, CITY shall not have the right to place signs, markings or banners on the Easton Housing (except for temporary hospitality banners for the purpose of welcoming incoming guests of CITY or Operator) or grant any sponsor rights with respect to the Easton Housing. (b) CITY, at its expense, shall clean, maintain, preserve, repair and replace and keep the Easton Housing and Easton Housing Adjacent Improvements in good order, condition and repair, ordinary wear and tear and damage by casualty or condemnation excepted. Such maintenance and repair shall include, without limitation, cleaning, replacement, utility costs, operational costs and maintenance and repair of all structural and nonstructural components, trash areas, lighting, sidewalks, walkways, the roof, landscaping, gates and HVAC of the Easton Housing Adjacent Improvements, including installing any Capital Improvements required to maintain the Easton Housing and Easton Housing Adjacent Improvements in good condition and repair. In the event CITY fails to maintain the Easton Housing and Easton Housing Adjacent Improvements in accordance with the obligations under this Lease, which failure continues at the end of thirty (30) days following CITY's receipt of written notice from Lessee stating the nature of the failure (or such longer period as may be reasonably required for CITY to complete required maintenance, repairs or refurbishing that cannot be reasonably completed within such 30-day period), Lessee shall have the right, but not the obligation, to 2016-11-15 Agenda Packet Page 246 perform such maintenance, repairs or refurbishing at CITY's sole cost and expense (including a sum for overhead reasonably allocated for such work). To the extent that use of such utilities servicing the Easton Housing and Easton Housing Adjacent Improvements cannot be separately metered, all expenses arising from the use of such utilities shall be equitably allocated between the CITY and Lessee in accordance with their respective obligations to pay for such utilities as provided in this Lease to approximate as closely as possible the actual use of such utilities for (i) the Easton Housing and Easton Housing Adjacent Improvements; (ii) the Archery Building and Archery Building Adjacent Improvements; and (iii) the Outdoor Area and the Outdoor Area Archery Improvements, as reasonably determined by Lessee. As part of the CITY's obligation to maintain the Easton Housing, CITY shall also maintain and, as necessary, replace the furnishings in the Easton Housing in good condition and repair and in a manner consistent with the other housing units at the Training Facility. All expenses of the CITY to maintain the Easton Housing and Easton Housing Adjacent Improvements shall be referred to herein as the "Housing Operating Expenses." The Housing Operating Expenses shall also include (x) employee wages and benefits who perform work in connection with the Easton Housing and Easton Housing Adjacent Improvements, provided that the wages and benefits of any employee who does not devote substantially all of his or her time to the Easton Housing shall be reasonably prorated to reflect time spent on operating and managing the Easton Housing vis-a-vis time spent on matters unrelated to operating and managing the Easton Housing, and (y) a reasonable share of administrative expenses and overhead for CITY and/or Operator (which such expenses shall be reasonably prorated to reflect expenses related to the Easton Housing and vis-a-vis expenses unrelated to the Easton Housing),provided such amount does not exceed a reasonable percentage of the total of all other Housing Operating Expenses in any calendar year. CITY shall maintain written records of its maintenance and repairs of the Easton Housing and Easton Housing Adjacent Improvements as and to the extent required by applicable law and shall use certified technicians to perform such maintenance and repairs to the extent reasonably required. If Lessee delivers to CITY a Notice of Termination (as defined in and pursuant to Section 8 herein), then CITY shall thereafter make available to Lessee for review copies of all service and maintenance contracts entered into by CITY for the Easton Housing and Easton Housing Adjacent Improvements within ten (10) days following Lessee's request therefor. 15.2 USE OF ARCHERY HOUSING. 15.2.1 CITY and Lessee acknowledge that the Easton Housing contains forty- seven (47)beds. Assuming most years contain 365 days, the CITY and Lessee agree that if each bed in the Easton Housing was utilized all 365 days there is a maximum number of 17,155 Bed Days that can be utilized during any year ("Maximum Bed Days"). Notwithstanding the above, CITY and Lessee acknowledge that as to a certain number of rooms in the Easton Housing there may be a total of an additional thirteen (13) beds added to increase the total number of Bed Days by 4,745, which could increase the Maximum Bed Days to 21,900. Lessee hereby grants CITY the right to add such additional beds and related furnishing at CITY's sole cost. 15.2.2 Pursuant to the Core Agreement with the USOC, CITY and Lessee acknowledge that certain Resident Athletes of archery funded by the USOC shall have a right to use a certain number of beds per day in the Training Facility (the "USOC Funded Resident Archers"). CITY agrees that the USOC Funded Resident Archers shall have the right to use such beds only in the Easton Housing throughout each year of the Lease at no cost or charge to 2016-11-15 Agenda Packet Page 247 Lessee ("Resident Archery Athlete Bed Days") unless Lessee, USAA and CITY specifically agree that the Resident Archery Athlete Bed Days need not be located only in the Easton Housing. Such number of Resident Archery Athlete Bed Days per year is currently 5,840, but could change from year to year. CITY shall be solely responsible for any and all costs and expenses related to such use by Resident Archery Athlete Bed Days and shall collect reimbursement for such expenses from the USAA or the USOC for use of such Resident Archery Athlete Bed Days. In the event that the rate for a Bed Day in the Easton Housing is higher than the rate charged for a bed day in the balance of the Training Facility beds, the cost charged by CITY and/or Operator for use by the USOC Funded Resident Archers of the Resident Archery Athlete Bed Days in the Easton Housing in any Lease Year shall not exceed the lowest rate charged for a bed day in the balance of the Training Facility beds; provided, however, such rate protection shall only apply to the first 7,300 Resident Archery Athlete Bed Days in any Lease Year. 15.2.3 Subject to Section 15.3.1 below, Lessee, at no charge, shall have a right to use beds in the Easton Housing and/or Training Facility, for the purpose of housing any athlete, who is not a Resident Athlete designated by USAA or the USOC, or coaches and staff, for a total of 3,650 Bed Days each Lease Year ("Lessee Bed Days"). Subject to the scheduling requirements set forth in Section 15.3.1 below, such 3,650 Bed Days may be utilized by Lessee in multiple combinations of variable amounts and for various time periods depending on the needs of Lessee. For example, one week Lessee may need a total of 20 beds for a total number of 140 Bed Days that week (7 x 20) and another week Lessee may only need 5 beds for a total of 35 Bed Days (7 x 5). 15.2.4 The balance of the total Bed Days not used for Resident Archery Athlete Bed Days or Lessee Bed Days, which may consist of up to 12,410 Bed Days if additional beds are added to the Easton Housing by the CITY, may be utilized by the CITY for use by third parties designated by CITY ("CITY Bed Days"), including, without limitation, for rental to such third parties. 15.2.5 In addition to the Lessee Bed Days, Lessee shall have the right to schedule additional bed days ("Additional Lessee Bed Days") at the Easton Housing or in the balance of the Training Facility in connection with special events and competitions to be held at the Premises. Lessee may exercise such right to schedule Additional Lessee Bed Days at any time beginning three hundred eighty(380) days ("Scheduling Start Date")prior to the date that such special event or competition will take place. Lessee shall pay CITY for such Additional Lessee Bed Days at the Tier I Rate set forth in the attached Exhibit I subject to annual increases determined by CITY and Operator. CITY shall use commercially reasonable efforts to make such Additional Lessee Bed Days available to Lessee and provided Lessee schedules such Additional Lessee Bed Days not less than three hundred sixty-five (365) days prior to the date of such special event or competition, CITY shall make such Additional Lessee Bed Days available for Lessee unless CITY has previously scheduled an event which makes such Additional Lessee Bed Days unavailable for such days requested. Notwithstanding the above, CITY shall give notice to Lessee prior to the Scheduling Start Date if it receives a request to book beds for an event during the next twelve (12) month period ("City Notice of Scheduling") and, thereafter Lessee shall have five (5) Business Days after receipt of City Notice of Scheduling to book Additional Lessee Bed Days during such twelve (12) month period prior to CITY booking such 2016-11-15 Agenda Packet Page 248 beds for such event. CITY shall use reasonable efforts to have as many of the Additional Lessee Bed Days in the Easton Housing as possible before using the other beds in the Training Facility to fulfill the Additional Lessee Bed Days. Notwithstanding the above, Lessee shall not have the right to schedule more than two hundred fifty (250) Additional Lessee Bed Days in any Lease Year, taking into account all Additional Lessee Bed Days scheduled at any location in the Training Facility(including, without, limitation, in the Easton Housing). 15.3 SCHEDULING LESSEE BED DAYS. 15.3.1 CITY shall control and operate the scheduling for the use of the Easton Housing. Lessee may exercise its right to schedule use of the Lessee Bed Days at any time beginning three hundred eighty (380) days prior to the date of requested use. Provided Lessee schedules such Lessee Bed Days not less than three hundred sixty five (365) days prior to the date of requested use, CITY shall make such Lessee Bed Days available for Lessee in the Easton Housing. If Lessee seeks to schedule the Lessee Bed Days after a date which is three hundred sixty five (365) days prior to the date of requested use, CITY shall use commercially reasonable efforts to provide such Lessee Bed Days to Lessee based on availability of beds that have not been scheduled, provided, however, if beds in the Easton Housing are already scheduled for such days requested by Lessee, CITY shall make such Lessee Bed Days available in other beds in the Training Facility. 15.3.2 For any Lessee Bed Days that Lessee has previously scheduled but desires to cancel the scheduled use of("Released Lessee Bed Days"), Lessee shall notify CITY of such cancellation in writing and such Released Lessee Bed Days may be used by CITY (including, without limitation, to rent to third parties), provided, however, if CITY later uses such Released Lessee Bed Days in the same Lease Year as previously scheduled by Lessee, Lessee shall be given a credit for such Released Lessee Bed Day such that it may be rescheduled again by Lessee in the same Lease Year. Except for such credit, Lessee shall not be entitled to any payment or other form of compensation for the Released Lessee Bed Days, whether or not used by CITY. For any Additional Lessee Bed Days that Lessee has previously scheduled but desires to cancel the scheduled use of("Released Additional Lessee Bed Days"), Lessee shall notify CITY of such cancellation in writing and provided Lessee has given CITY such notice of cancellation more than six (6) months prior to the date scheduled for such use, Lessee shall not be charged for such Released Additional Lessee Bed Days and shall retain its rights to use such Released Additional Lessee Bed Days at such other time in the same Lease Year. In addition to the foregoing, Additional Lessee Bed Days scheduled by Lessee pursuant to Section 15.2.5 above may be cancelled no later than thirty (30) days prior to the day scheduled for use and in such event Lessee will not be charged for such Released Additional Bed Days. Cancellation of Additional Lessee Bed Days after such time shall not relieve Lessee of its obligation to pay in full for the scheduled Additional Lessee Bed Days. 15.3.3 CITY shall use commercially reasonable efforts to allow persons selected by Lessee to use Lessee Bed Days to room together if practicable and desired by Lessee. 15.4 REVENUES FROM OPERATION OF EASTON HOUSING. 2016-11-15 Agenda Packet Page 249 15.4.1 Subject to Section 15.4.2 below, any revenue generated from the rental of Bed Days by CITY to any party, including Lessee, USOC, USAA, any NGB, or any third party, shall be retained by CITY. 15.4.2 Notwithstanding the above, Lessee shall be entitled to a "Revenue Share." As used herein, the "Revenue Share" shall mean 20% of the Net Operating Revenue generated by CITY from the rental of Bed Days in the Easton Housing. Net Operating Revenue shall mean all gross revenues received by CITY or Operator from the rental of Bed Days in the Easton Housing excluding (a) insurance proceeds, and (b) condemnation awards and/or compensation, less all Housing Operating Expenses of CITY in performing its obligations pursuant to Section 15 JW above. Notwithstanding the above, the Housing Operating Expenses shall not include, or be limited by, the following in any Lease Year: (i) the cost of any items for which CITY or Operator is reimbursed by insurance or condemnation awards; (ii) depreciation, interest on debt or amortization payments on any mortgage or deed to secure debt, other than with respect to debt incurred to finance Capital Improvements related to the Housing Improvements; (iii) the cost of the installation and acquisition of Capital Improvements, except that the cost of the installation and acquisition of a Capital Improvement shall be included in the Housing Operating Expenses to the extent that such cost is amortized over the useful life of the Capital Improvements (as reasonably determined by CITY in accordance with standard real estate accounting practices, consistently applied). The Revenue Share shall be payable by CITY to Lessee no later than ninety (90) days after the end of each Lease Year. Upon Lessee's request, CITY shall provide Lessee with reasonable supporting documentation evidencing the amount and calculation of the Revenue Share. 15.5 ACCESS TO EASTON HOUSING; PARKING. Lessee and CITY acknowledge that there are fourteen (14) parking spaces adjacent to the Easton Housing as shown on Exhibit F attached hereto ("Housing Parking"). CITY shall have the exclusive right to use the Housing Parking and Lessee hereby grants CITY and its invitees reasonable ingress and egress rights over the Premises for the purpose of accessing the Housing Parking. In addition, any third parties renting beds at the Easton Housing, or otherwise entitled to use beds at the Easton Housing pursuant to this Lease, shall have parking rights in the parking area immediately adjacent to the Easton Housing. 15.6 REAL PROPERTY TAXES. CITY and Lessee acknowledge that while the Housing Improvements are located on the Premises, the CITY owns the Housing Improvements and is exclusively responsible for the management of the Housing Improvements and that Lessee only has certain limited rights to use a certain number of Bed Days as set forth in this Article 15. Accordingly, the CITY and Lessee believe that the Housing Improvements should be exempt from any real property taxes as a result of the CITY's tax exempt status as a chartered municipal corporation. Should any real property taxes or assessments (including possessory interest taxes) 2016-11-15 Agenda Packet Page 250 be assessed against the Housing Improvements, the CITY and Easton shall cooperate with one another and work together to file any necessary appeals and/or applications to contest the amount or validity of such taxes and seek any applicable exemptions or reductions in such taxes and assessments. Notwithstanding such efforts, should real property taxes and/or assessments be ultimately assessed against the Housing Improvements, the parties shall each be responsible for an equitable share of such taxes and assessments based on their proportional use of the Housing Improvements, provided that in no event shall Lessee be responsible for an amount greater than twenty percent (20%) of any such taxes and assessments. 15.7 CASUALTY. Except as provided below, in the event of any damage to or destruction of all or any part of the Housing Improvements, (a) CITY shall promptly commence and shall thereafter diligently and continuously prosecute to completion the Restoration of said Housing Improvements; and (b)promptly commence and shall thereafter diligently and continuously prosecute to completion the Restoration of any furniture, fixtures, equipment or other personal property of in the Housing Improvements. All such work by CITY shall be undertaken as nearly as practicable to their value, architectural condition and character as existed immediately prior to such damage or destruction. Except as otherwise provided below, insurance proceeds received on account of any damage to or destruction of the Housing Improvements or any part thereof, shall be applied to pay for the cost of Restoration. Notwithstanding the foregoing, if the Housing Improvements shall be damaged by a casualty not covered by insurance required to be maintained by CITY herein (excepting any amounts not covered due to applicable deductibles), then CITY shall have the right, at CITY's option, either(i) to repair such damage as soon as reasonably possible at CITY's sole expense, or (ii) to give written notice to Lessee within ninety (90) days after the date of the occurrence of such damage of CITY's election not to repair such damage, and in such event, Lessee, may, at Lessee's option, elect to repair such damage as soon as reasonably possible at Lessee's sole expense. Notwithstanding the foregoing, if the cost to repair any uninsured casualty is less than $125,000, then CITY shall not have the right to not repair such damage as provided above, and CITY shall with due diligence proceed with the Restoration at CITY's expense, which such expenses shall be considered Housing Operating Expenses. 15.8 ALTERATIONS. Neither the CITY nor Lessee shall perform any Alterations to the Easton Housing or Easton Housing Adjacent Improvements without the prior written consent of the other party, which consent shall not be unreasonably withheld, conditioned or delayed. No such Alterations shall reduce or impair the value of the Premises or in any way impair the structural integrity of the Housing Improvements. The party who desires to perform the Alterations shall submit to the other party for approval the plans and specifications for such Alterations and shall reimburse such other party for all costs which such party may incur in connection with granting approval for any such Alterations requiring consent, including any reasonable and actual costs or expenses which such party may incur in electing to have outside architects and engineers review said matters not to exceed $2,500 for each proposed Alteration that requires approval hereunder. The party desiring to build such Alteration shall also pay the cost of building permits and related fees unless waived by the CITY. Subject to Section 8(e) of this Lease, all Alterations to the Housing Improvements shall be done at the sole expense of the party seeking to make the Alterations and in strict accordance with all Laws, provided, however, that if the CITY proposes one or more Alterations that CITY believes would increase the revenue generated by the Easton Housing, and Lessee approves such Alteration(s), then Lessee 2016-11-15 Agenda Packet Page 251 shall exercise its reasonable discretion in determining whether Lessee agrees that such Alternation(s) would increase the revenue generated by the Easton Housing, and if Lessee does so agree, then the costs of such Alteration(s) shall qualify as Housing Operating Expenses for the purpose of determining the Revenue Share pursuant to Section 15.4.2 above. If Lessee performs such Alterations, Lessee shall file a notice of completion after completion of all Alterations and shall provide CITY with a copy thereof together with a set of"as-built" drawings for any Alterations pursuant to this paragraph. 16. ASSIGNMENT. 16.1 NO ASSIGNMENT WITHOUT PRIOR CONSENT. Except as expressly provided in this Section 16.1, neither this Lease nor the interest of Lessee in this Lease or in the Premises, or any part thereof, shall be sold, assigned, licensed, subleased or otherwise transferred by Lessee, by operation of law or otherwise, without the prior written consent of CITY, which consent may be withheld in CITY's sole and absolute discretion; provided, however, with respect to (i) a proposed sublease of the Storage Building or the office space in the Archery Building to a NGB, or (ii) a proposed sublease of less than twenty percent (20%) of the Premises for other allowed uses of the Premises that are not competitive with other CITY/Operator existing or proposed at the Training Facility, CITY may not unreasonably withhold its consent. Notwithstanding the foregoing, (a) Lessee may assign this Lease to ESDF II (or a successor foundation to Lessee or ESDF II) without CITY's consent so long as Lessee delivers prior written notice of such assignment to CITY and Operator at least fifteen (15) days prior to the date of the proposed assignment and CITY is then reasonably satisfactory as to the structure, net worth and liquidity of ESDF II (or such assignee) and upon such assignment, Lessee shall be released from all obligations and liabilities under this Lease arising from and after the effective date of such Assignment, and (b) Lessee may sublease the Storage Building or the office space in the Improvements to a NGB, provided that in each such case, Lessee delivers prior written notice of such sublease to CITY and Operator at least fifteen (15) days prior to the date of the proposed sublease. Any permitted Assignee of Lessee's rights hereunder shall expressly assume all Lessee's obligations hereunder. Any permitted sublease of the Improvements shall be subject and subordinate to the terms and conditions of this Lease and shall not release Lessee from any of its duties or obligations under this Lease. 16.2 EFFECT OF CITY'S CONSENT. Any consent given by CITY to an Assignment or sublease shall apply only to the specific transaction thereby authorized and shall not relieve Lessee or any approved successor of Lessee from the requirement of obtaining the prior written consent of CITY to any further assignment. Notwithstanding any provision of this Lease, no consent or any action of any kind or nature by CITY, and no assignment or sublease permitted by CITY, shall in any circumstance be deemed a waiver or a release of Lessee from the performance by Lessee of its covenants, duties and obligations hereunder (except for an Assignment to ESDF II, or successor foundation to Lessee or ESDF II,pursuant to Section 16.1). Upon an Event of Default by Lessee, CITY may, without waiving any rights or remedies, collect fees or rent owed Lessee directly from the Assignee, subtenant or occupant and apply the net amount collected to the Rent herein reserved and apportion any excess fees or rent so collected in accordance with the terms of the preceding sentence. Such acceptance of Rent shall in no event be deemed to imply that CITY is approving an Assignee that CITY has not approved in writing pursuant to the requirements of this Article 16. 2016-11-15 Agenda Packet Page 252 16.3 LIMITATION ON CITY'S TRANSFER AND MORTGAGE RIGHTS. Notwithstanding anything in this Lease to the contrary, CITY may not mortgage, assign, sell or otherwise transfer the interest of CITY in the Premises without the prior consent of Lessee; provided, however, that CITY may, without obtaining Lessee's consent, assign, sell or otherwise transfer the interest of CITY in the Premises to any affiliate of CITY (which shall include any person or entity which controls, is controlled by or under common control with CITY), provided such entity maintains the real property tax exempt status that the CITY has. Nothing in the foregoing shall limit CITY's right to mortgage, assign, sell or otherwise transfer the interest of CITY in all or any portion of the Training Facility which is not the Premises. 17. DEFAULT. 17.1 LESSEE EVENTS OF DEFAULT. The occurrence of any of the following acts, events or conditions shall constitute an "Event of Default" under this Lease. All notices given pursuant to this Section 17.1 shall be in lieu of, not in addition to, any notice required by California Code of Civil Procedure Section 1161, et seq.: 17.1.1 Any Rent or any other sum of money payable under this Lease is not paid when due and such failure shall continue within ten (10) days after the time periods provided for in this Lease (or if no time period is expressly provided, then Lessee shall have a period of ten (10) days after Lessee's receipt of written notice of the required payment); 17.1.2 The failure or refusal of Lessee, at any time during the Term, to fulfill or perform any other covenant, agreement or obligation of Lessee hereunder if such failure or refusal shall continue without correction for a period of sixty (60) consecutive calendar days from and after Lessee's receipt of written notice thereof, provided that if such covenant, agreement or obligation shall be of such nature that it can be fulfilled or performed and if Lessee in good faith commences to fulfill or perform same, within said sixty (60) day period, but due to the nature of same, it could not be reasonably fulfilled or performed, within said sixty (60) day period exercising due diligence, an Event of Default shall not be deemed to have occurred if Lessee is then diligently pursuing the fulfillment or performance of the covenant, agreement or obligation and shall thereafter continuously and diligently proceed therewith until completion; 17.1.3 The initiation of any proceeding whereupon the estate or interest of Lessee in the Premises, or any portion thereof, or in this Lease is levied upon or attached if such proceeding is not vacated, discharged or bonded within ninety (90) days after the date of such levy or attachment; 17.1.4 The entry of any decree or order for relief by a court having jurisdiction in the Premises in respect of Lessee in an involuntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the appointment of a receiver, liquidator, assignee, custodian, trustee, sequestrator (or similar official) of Lessee or for any substantial part of the assets of Lessee, or the entry of any decree or order with respect to winding-up or liquidation of the affairs of Lessee, if any such decree or order continues unstayed and in effect for a period of sixty(60) consecutive days; 2016-11-15 Agenda Packet Page 253 17.1.5 The commencement by Lessee of a voluntary case under the federal bankruptcy laws, as now or hereafter constituted, or any other applicable federal or state bankruptcy, insolvency or other similar law, or the consent by Lessee to the appointment of or possession by a receiver, liquidator, assignee, trustee, custodian, sequestrator (or other similar official) of Lessee or for any substantial part of the assets of Lessee, or any assignment made by Lessee for the benefit of creditors; and 17.1.6 The making of any material misrepresentation or omission by Lessee or any successor in interest of Lessee in any materials delivered by or on behalf of Lessee to CITY or CITY's lender pursuant to this Lease. 17.2 REMEDIES. Upon the occurrence of an Event of Default, CITY shall give written notice to Lessee, which notice shall set forth the nature of the default. If such default has not been cured within thirty (30) days of Lessee's receipt of such notice, then CITY may declare this Lease terminated upon written notice of same to Lessee, in which case the license created hereby, and all other rights in favor of Lessee, shall be revoked without further action by any person. The termination of this Lease shall not impair the ability of CITY to pursue any other remedy or right permitted by law or in equity or by this Lease, including, but not limited to, the following: 17.2.1 CITY, with or without terminating this Lease, may perform, correct or repair any condition which shall constitute a failure on Lessee's part to keep, observe, perform, satisfy, or abide by any term, condition, covenant, agreement, or obligation of this Lease, and Lessee shall fully reimburse and compensate CITY and Operator within thirty (30) days after receipt of demand for all costs and expenses incurred by CITY and Operator in such performance, correction or repair, including, without limitation, accrued Interest as provided in the next sentence. All sums so expended to cure Lessee's default shall accrue Interest from a date which is thirty (30) days from receipt of invoice by Lessee until date of payment at the rate specified in Section 3.3 of this Lease. 17.2.2 CITY, with or without terminating this Lease, may pursuant to appropriate legal proceedings remove from the Premises and the Improvements all Personalty belonging to or placed on the Premises by, at the direction of, or with consent of Lessee. Any such removal by CITY shall not of itself constitute a revocation or termination of this Lease by CITY. 17.2.3 CITY may immediately or at any time thereafter terminate this Lease, and this Lease shall be deemed to have been terminated upon receipt by Lessee of written notice of such termination. Upon such termination, CITY and Operator may recover from Lessee any other amount necessary to compensate CITY and Operator for all the detriment proximately caused by Lessee's failure to perform its obligations under this Lease or which, in the ordinary course of things, would be likely to result therefrom, including, but not limited to: attorneys' fees; brokers' commissions; the costs of refurbishment, alterations, renovation and repair of the Premises; and removal (including the repair of any damage caused by such removal) and storage (or disposal) of Lessee's personal property, equipment, fixtures, Alterations, and any other items which Lessee is required under this Lease to remove but does not remove. Notwithstanding the foregoing,pursuant to Section 17.5 below, Lessee shall not be liable to CITY or Operator for lost profits or other consequential damages under this Section 17.2.3. 2016-11-15 Agenda Packet Page 254 17.2.4 Each right and remedy of CITY provided for herein or now or hereafter existing at law, in equity, by statute or otherwise shall be cumulative and shall not preclude CITY from exercising any other rights or remedies provided for in this Lease or now or hereafter existing at law or in equity, by statute or otherwise. No payment by Lessee of a lesser amount than the Rent nor any endorsement on any check or letter accompanying any check or payment as Rent shall be deemed an accord and satisfaction of full payment of Rent; and CITY may accept such payment without prejudice to CITY's right to recover the balance of such Rent or to pursue other remedies. 17.3 GENERAL. No failure or delay on the part of CITY or Lessee in exercising any rights under any provision of this Lease shall operate as a waiver of any rights of such party hereunder, at law or in equity or under any other provisions of this Lease, nor shall any waiver of an Event of Default on one occasion operate as a waiver of any subsequent Event of Default or of any other Event of Default. No express waiver shall affect any condition, covenant, rule, or regulation other than the one specified in such waiver and that one only for the time and in the manner specifically stated. The exercise by CITY or Lessee of any one or more of the rights and remedies provided in this Lease shall not prevent the subsequent exercise by CITY or Lessee of any one or more of the other rights and remedies herein provided. All remedies provided for in this Lease are cumulative and may, at the election of CITY or Lessee (as the case may be), be exercised alternatively, successively, or in any other manner and are in addition to any other rights provided for or allowed by law or in equity; provided, however, that exercise of the remedy provided in Section 17.2.3 hereof shall result in the termination of this Lease and shall therefore preclude the exercise of any remedy requiring the continuation of this Lease. 17.4 CITY DEFAULT. The occurrence of any of the following acts, events or conditions shall constitute a"CITY Event of Default"under this Lease: 17.4.1 In the event CITY fails to perform any of its obligations under this Lease, and such failure continues for sixty (60) days after written notice from Lessee (or if such obligation cannot be cured within sixty (60) days, then after such period of time as reasonably necessary to cure so long as CITY has commenced such cure within said 60-day period and diligently prosecutes the same to completion); and 17.4.2 Upon the occurrence of a CITY Event of Default, Lessee shall have the option to pursue any and all remedies available at law or in equity or as set forth in this Lease. Each right and remedy of Lessee provided for in this Lease shall be cumulative and shall be in addition to every other right or remedy provided for in this Lease except as otherwise limited by this Lease, and the exercise or the beginning of the exercise by Lessee of one or more of the rights or remedies provided for in this Lease, except as otherwise limited by this Lease, shall not preclude the simultaneous or later exercise by Lessee of any or all other rights or remedies provided for in this Lease, except as otherwise limited by this Lease. 17.5 LIMITATION ON CONSEQUENTIAL DAMAGES. Notwithstanding anything to the contrary contained in this Lease, nothing in this Lease shall impose any obligation on CITY or Lessee to be responsible or liable for, and each hereby releases the other from all liability for, lost profits or other consequential damages. 2016-11-15 Agenda Packet Page 255 18. CONDEMNATION. 18.1 TAKING. If there is any Taking before or during the Term hereof, the rights and obligations of the parties with respect to such Taking shall be as provided in this Article 18. 18.2 TAKING OF PREMISES OR PROPERTY. (a) If there is a Taking of any portion of the Premises or the Improvements so that Lessee reasonably concludes that the Premises or Improvements, as affected by such Taking, cannot be used and operated substantially similar to the manner and extent to which it was used and operated prior to such Taking, then Lessee shall have the right to terminate this Lease. (b) If there is a Taking of that portion of the Premises consisting of the Outdoor Archery Area, Lessee may elect to terminate this Lease, provided however, if it does not elect to do so, then such portion of the Premises subject to the Taking shall be deleted from this Lease, and this Lease shall continue for the remainder of the Premises. (c) Any such termination shall not benefit such condemning authority and shall be without prejudice to the rights of either CITY or Lessee to recover just and adequate compensation from the condemning authority as provided herein. In the event any party desires to terminate this Lease as a result of a Taking pursuant to each party's respective rights under this Section 18.2, such party must send a notice of termination within sixty (60) days following receipt of the final, nonappealable determination of such Taking. 18.3 EFFECTIVE TERMINATION DATE. If this Lease is terminated in accordance with the provisions of Section 18.2, such termination shall become effective as of the earlier of (i) the date on which Lessee substantially vacates the Premises; or (ii) the date physical possession of the condemned portion is taken, whichever shall occur first. Rent shall be accounted for as between CITY and Lessee as of the effective date of such termination. 18.4 REPAIR AND RESTORATION OF THE PREMISES OR TRAINING FACILITY. 18.4.1 If this Lease is not terminated in accordance with the provisions of Section 18.2(a), then Lessee, at its sole cost and expense, shall promptly construct, repair and/or restore, where possible, the portion of the Improvements to the same quality so that they can be used in a substantially similar manner to which they were used prior to the Taking. 18.4.2 If this Lease is not terminated in accordance with the provisions of Sections 18.2(b), then CITY, at its sole cost and expense (which may include the use of any award of compensation for the Taking), shall promptly construct, repair and/or restore, if feasible, those portions of the Outdoor Area and Outdoor Archery Improvements to substantially the same quality and function as existed prior to the Taking. 18.5 AWARDS. The award of compensation for any such Taking (including any award relating to the Improvements) shall be divided as follows: all awards for the Outdoor Archery and Outdoor Archery Improvements shall belong to and be the property of CITY, and 2016-11-15 Agenda Packet Page 256 all awards for the Archery Building, Archery Building Adjacent Improvements, Storage Building, Easton Housing and Easton Housing Adjacent Improvements, shall belong to Lessee. Lessee shall also be entitled to recover from the condemning authority such compensation as may be separately awarded by the condemning authority to Lessee or recoverable from the condemning authority by Lessee in its own right for the loss of value to Lessee's business and the leasehold bonus value, and for the Taking of real property, trade fixtures and equipment owned by Lessee (meaning, in the case of equipment, personal property, whether or not attached to real property, which may be removed without injury to the Premises), and for the expense of removing and relocating them and for other consequential damages. 19. BROKERAGE PROVISIONS. CITY and Lessee represent and warrant to each other that no broker, commission agent, real estate agent or salesman has participated in the negotiation of this Lease, its procurement or in the procurement of CITY or Lessee and each shall indemnify, defend and hold harmless the other from any claims, liabilities or suits by any other broker, agent or other person claiming a commission or other form of compensation by virtue of having dealt with such party with regard to this leasing transaction. The terms of this Article 19 shall survive any termination of this Lease. 20. CITY'S LIEN. CITY hereby waives and covenants to waive any landlord's lien or similar lien it might have in any of Lessee's personal property. Although such waiver shall be automatic and self-operative without the necessity of any further instrument, CITY hereby agrees to execute promptly such further instruments as may be reasonably required by Lessee or Lessee's lender to evidence such waiver. 21. FURTHER DEVELOPMENT OF PROPERTY. 21.1 FURTHER SUBDIVISION ADJUSTMENT. CITY may, at CITY's option and in its sole and absolute discretion, elect to process and record in the Official Records, a Subdivision Adjustment in order to permit the further development of the Training Facility; provided, however, that CITY shall not be permitted to thereafter process and record in the Official Records any Subdivision Adjustment which alters the boundaries of the Premises (the "Subdivision Adjustment Restriction"). Subject to the Subdivision Adjustment Restriction, no Subdivision Adjustment shall be subject to Lessee's consent or approval and Lessee shall have no right to object to or oppose any Subdivision Adjustment. Subject to the Subdivision Adjustment Restriction, Lessee agrees to execute and deliver, within ten (10) Business Days after request by CITY and in the form reasonably requested by CITY, any documents requested by CITY in connection with any such Subdivision Adjustment and/or development of the Training Facility, including, without limitation, grants of easements and other covenants and restrictions over the Property or the Premises deemed necessary by CITY or any applicable governmental authorities for the performance of development of the Training Facility, as well as any documents needed to conform this Lease to the circumstances resulting from a subdivision and any maps in connection therewith, provided Lessee shall not be required to incur any material undue burden or material diminution of Lessee's rights under this Lease in connection therewith. Lessee acknowledges that from time to time CITY may seek new entitlements or amendments to any specific or general plan, zoning or other existing entitlements for the Training Facility(except for the Premises) or other real property owned or leased by CITY in the vicinity of the Training Facility, which may include, without limitation, the right to construct 2016-11-15 Agenda Packet Page 257 additional improvements on the Property beyond that which is permitted as of the date of this Lease. Lessee agrees that it will not oppose any such entitlements or amendments and will support and cooperate with CITY in such regard provided that the proposed entitlements or amendments do not materially and adversely affect Lessee's rights under this Lease or Lessee's ongoing use of the Premises and then such entitlements and amendments must not materially interfere with the Improvements as so constructed. 21.2 MULTIPLE OWNERSHIP. Subject to the limitations set forth in Section 16.3 of this Lease, following any Subdivision Adjustment, CITY, at its option and in its sole discretion, may enter into agreements with third parties to sell or lease portions of the Training Facility and, thereafter, may enter into agreements with such parties or, with respect to real property in the Training Facility owned by CITY, enter into declarations encumbering such property to provide (i) for reciprocal rights of access, use, enjoyment and/or maintenance of the Premises and surrounding properties, and (ii) for any other matter which CITY reasonably deems necessary provided such agreements or declarations do not materially and adversely burden or affect the Premises or the use and operation of the Premises. Lessee agrees that this Lease shall be subordinate to any such agreement, and agrees to execute and deliver within ten (10) days after request by CITY, and in the form reasonably requested by CITY, any additional documents designated by CITY to further evidence the subordination of this Lease to such agreement, provided Lessee shall not be required to incur any material undue burden or material diminution of Lessee's rights under this Lease as a result thereof, and in all events, Lessee's possession and rights under this Lease shall not be disturbed by any party to such agreement or upon a default under any such agreements. 21.3 CONSTRUCTION OF PROPERTY. Lessee acknowledges that portions of the Property may be under construction during Lessee's use of the Premises, and that such construction may result in levels of noise, dust, and obstruction of access, which are in excess of that present in a fully constructed project. Lessee hereby waives any and all Rent offsets, abatements, deductions or claims of constructive eviction that may arise in connection with such construction. 22. MISCELLANEOUS. 22.1 NO WAIVER. Except as otherwise expressly provided in this Lease, failure of either party to insist upon the strict performance by the other of any term, condition or covenant on the other's part to be performed pursuant to the terms of this Lease or to exercise any option, right, power, or remedy contained in this Lease shall not be or be deemed to be a waiver of such performance or relinquishment of such right now or at any time subsequent hereto. The receipt by CITY of any Rent required to be paid by Lessee hereunder with knowledge of any Event of Default by Lessee shall not be or be deemed to be a waiver of such Event of Default. Except as otherwise expressly provided in this Lease, no waiver by either party of any provision of this Lease shall be or be deemed to have been made unless expressed in writing and signed by such party. 22.2 ESTOPPEL CERTIFICATES. Within ten (10) Business Days following written request of either party, the other party shall execute, acknowledge and deliver to the requesting party and to any lender of or prospective purchaser from CITY, a written certificate certifying to 2016-11-15 Agenda Packet Page 258 such party's then-current, actual knowledge and without investigation or inquiry (a) that this Lease is unmodified and in full force and effect (if true) (or if there have been modifications, that this Lease is in full force and effect as modified (if true), and stating the modifications), (b) the date to which Rent payable by Lessee hereunder have been paid, and (c) that no notice has been received or given by either party of any Event of Default by Lessee hereunder which has not been cured, except as to any Event of Default specified in said certificate, and (d) such other factual matters reasonably related to this Lease requested by the requesting party. 22.3 BREACH BY CITY; LIMITATION ON LIABILITY. Lessee agrees that except as provided below or in cases of fraud by CITY, Lessee shall look solely to the right, title and interest of CITY in the Property for the collection of any judgment (or other judicial process) requiring the payment of money by CITY to Lessee in the event of any default or breach by CITY with respect to any of the terms, covenants and conditions of this Lease to be observed or performed by CITY; and no other assets of CITY, its members or shareholders shall be subject to levy, execution or other procedures for the satisfaction of Lessee's remedies. Notwithstanding the above, to the extent CITY's right, title and interest in the Property is insufficient to satisfy a judgment (or other judicial process) requiring the payment of money by CITY to Lessee in the event of any default or breach by CITY, Lessee may look to other assets of CITY in addition to the Property in an amount not to exceed Five Hundred Thousand and No/100 Dollars ($500,000) in order to satisfy such judgment. 22.4 SUBORDINATION. 22.4.1 Subject to the limitations set forth in Section 16.3 hereof(i.e., CITY may not mortgage, assign, sell or otherwise transfer the interest of CITY in the Premises without the prior consent of Lessee), and any provision, term or condition of this Lease which is or which may appear to be to the contrary notwithstanding, CITY shall, at all times and from time to time after the date of this Lease, have the express right, power and privilege of pledging, conveying, assigning or mortgaging CITY's fee simple title in and to the Property, for the purpose of obtaining financing, credit, or as security for any financing or extension of credit, provided only that the person or entity accepting such pledge, conveyance, assignment or mortgage as security shall take subject to the rights of Lessee under this Lease, and Lessee, in the event of any foreclosure or deed in lieu of foreclosure or other final conveyance and transfer of CITY's interest as aforesaid, shall recognize and attorn to the grantee thereof as "CITY" under this Lease. Notwithstanding the above, CITY shall not record any deed of trust or mortgage against the Premises and the Lessee shall have no obligation to attorn to any party unless (i) Lessee has approved of such deed of trust or mortgage pursuant to the provisions of Section 16.3 hereof, and (ii) the CITY and any such third party holding such mortgage or deed of trust enters into an agreement with the Lessee, in a commercially reasonable form, agreeing that Lessee's leasehold interest and Lessee's right to occupy the Premises shall not be disturbed upon any foreclosure or transfer of the CITY's interest in the Premises to a third party Likewise, and to similar effect, CITY, at all times and from time to time after the date of this Lease, shall have the express right, power and privilege of assigning CITY's interest in this Lease or in the Rent to be paid hereunder. Subject to Section 16.3 of this Lease, Lessee agrees that this Lease shall be subordinate to any mortgage, deed of trust, or other lien hereinafter placed upon the Premises or the Training Facility as a whole by CITY. Subject to the foregoing, Lessee shall execute such 2016-11-15 Agenda Packet Page 259 documents as may be reasonably required to render Lessee's interest hereunder subordinate to the lien of any such mortgage or deed of trust. 22.4.2 CITY hereby represents and warrants that the Premises is not subject to any mortgage, deed of trust, ground lease or security interest that is superior to this Lease, except for the right of termination and re-entry of Eastlake Development Company, a California general partnership, and San Diego National Sports Training Foundation, a California not-for-profit corporation, and their respective successors in interest under the (a) Declaration, (b) Grant Deed recorded in the Official Records on January 19, 1995, as Instrument No. 1995 0025716; and (c) Grant Deed recorded in the Official Records on September 1, 1995, as Instrument No. 1995 0389093. 22.5 SEVERABILITY. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate applicable law and shall be limited to the extent necessary to render this Lease valid and enforceable. If any term, provision or covenant of this Lease or the application thereof to any person or circumstance shall be held to be invalid, illegal or unenforceable by a court of last resort having jurisdiction in the Premises, the validity of the remainder of this Lease shall not be affected, this Lease shall not terminate, and there shall be substituted for such illegal, invalid or unenforceable provision a like provision which is legal, valid and enforceable within the limits established by such court's final opinion and which most nearly accomplishes and reflects the original intention of the parties. 22.6 NOTICES, DEMANDS AND OTHER INSTRUMENTS. All notices, demands, requests, consents, approvals and other communications submitted, desired, necessary, required or permitted to be given pursuant to the terms of this Lease shall be in writing and delivered by (a) personal delivery (including, without limitation, delivery by messenger, Federal Express, express mail or other similar courier service which confirms delivery in writing), (b) certified mail, postage prepaid, return receipt requested, (c) fax machine, or (d) email; provided, however, that any notice given by the means described in subsections (c) or (d) of this Section 22.6 shall concurrently be followed by a "hard" copy of the same delivered by one of the means of delivery described in subsections (a) or (b) of this Section 22.6. Notice shall be deemed delivered (i) when actually delivered or refused, if given pursuant to subsections (a) or (b) of this Section 22.6, (ii) at the time and on the date of machine transmittal, as verified by the send verification on sending party's machine, if given pursuant to subsection (c) of this Section 22.6, and (iii) at the time and on the date of email transmittal, as verified by the sender's email transmission software, if given pursuant to subsection (d) of this Section 22.6. Rejection or other refusal to accept or inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand, request or other communication. Notices shall be addressed to the parties as set forth below: To CITY: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Deputy City Manager E-mail: kbaconLa),chulavistaca.gov 2016-11-15 Agenda Packet Page 260 With a copy to: City Attorney 276 Fourth Avenue Chula Vista, CA 91910 E-mail: ggooginsgchulavistaca.gov With a copy to: Thomas W. Turner, Jr., Esq. Procopio, Cory, Hargreaves & Savitch LLP 525 B Street, Suite 2200 San Diego, CA 92101 E-mail: tom.tumerL&procopio.com To Operator: Elite Athlete Services LLC 3900 Lomaland Drive San Diego, CA 92106 Attn: Dr. Joe Watkins E-mail: pointlomatrust@pointloma.edu With a copy to: Manatt, Phelps & Phillips, LLP 11355 W. Olympic Blvd. Los Angeles, CA 90064 Attn: Keith Allen-Niesen, Esq. E-mail: KAllen-NiesenLmanatt.com To Lessee: Easton Sports Development Foundation Executive Director - Easton Foundations 15026 Oxnard Street Van Nuys, CA 91411 Facsimile: (818) 994-3889 Telephone: (818) 901-0127 E-mail: csawyer@sdf.org Easton Sports Development Foundation Director—Archery Complex US Olympic Training Center 2800 Olympic Parkway, Bldg. 2000 Chula Vista, CA 91915 E-mail: kchiaLa)esdf org With a copy to: Edward F. Whittler, Esq. Peterson & Price, APC 530 B Street, Suite 1800 San Diego, CA 92101 Facsimile: (619) 234-0361 Telephone: (619) 234-4786 E-mail: efwL&petersonprice.com 2016-11-15 Agenda Packet Page 261 or at such other address(es) in the United States as CITY or Lessee may from time to time designate by like notice. Additionally, Lessee agrees to send to USOC (at the address set forth in the Core Agreement) and to Operator (at the address set forth in the Housing Operations Agreement) copies of all notices required or permitted to be given pursuant to this Lease. 22.7 SUCCESSORS AND ASSIGNS. Each and every covenant, term, condition and obligation contained in this Lease shall apply to and be binding upon and inure to the benefit or detriment of the respective legal representatives, heirs, successors and permitted assigns of CITY and Lessee. Whenever reference to the parties hereto is made in this Lease, such reference shall be deemed to include the legal representatives, successors, heirs and permitted assigns of said party the same as if in each case expressed. 22.8 HEADINGS. The headings to the various Articles and Sections of this Lease have been inserted for purposes of reference only and shall not limit or define or otherwise affect the express terms and provisions of this Lease. 22.9 COUNTERPARTS. This Lease may be executed in any number of counterparts, each of which shall be an original,but all of which shall together constitute one instrument. 22.10 ENTIRE AGREEMENT; AMENDMENTS; INTEGRATION. All prior representations, promises, understandings and agreements, whether oral or written, are superseded by and merged into this Lease. No modification or amendment of this Lease (including, without limitation, a mutual agreement to terminate this Lease) shall be binding upon CITY and Lessee, or either, unless in writing fully executed by CITY and Lessee, and approved in writing by Operator. All Exhibits referenced herein and attached hereto are incorporated into this Lease. 22.11 ALL GENDERS AND NUMBERS INCLUDED. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this Lease, it shall equally apply to, extend to, and include the other. 22.12 TIME OF ESSENCE. Time is declared to be of the essence of this Lease. 22.13 MEMORANDUM OF LEASE. CITY and Lessee hereby agree that neither this Lease nor any short form hereof shall be recorded in the property records. 22.14 APPROVAL AND INSPECTION RIGHTS. Lessee expressly acknowledges and agrees that CITY has the right, but not the duty, at any time, to enter upon the Premises and the Improvements and any portion thereof to determine to CITY's satisfaction whether the terms, covenants and conditions of this Lease, including Lessee's performance obligations, are being kept and observed, provided such entry does not materially interfere with Lessee's operation at the Premises. 22.15 FAILURE TO SURRENDER. Except as otherwise provided in Article 8, If Lessee fails to surrender the Premises within sixty (60) days after the termination of this Lease, then Lessee shall, in addition to any other liabilities to CITY accruing therefrom, indemnify and hold CITY harmless from any loss or liability resulting from such failure, but excluding any special or consequential damages. This Section 22.15 shall survive termination of this Lease. 2016-11-15 Agenda Packet Page 262 22.16 CORPORATE AUTHORITY. Lessee and CITY each represent and warrant to the other that it has the authority to enter into this Lease, and perform all of the terms herein provided to be performed, as applicable. 22.17 RELATIONSHIP OF THE PARTIES. Nothing contained herein shall be deemed or construed by the parties hereto, or any third party, as creating the relationship of principal and agent or a partnership or joint venture between the parties hereto, it being understood and agreed that neither the method of computation of fees nor any other provision contained herein, nor any acts of the parties hereto, shall be deemed to create any relationship between the parties hereto other than the relationship of lessor and lessee. 22.18 SURVIVAL. All obligations of Lessee or CITY which by their nature involve performance after the end of the Term, or which cannot be ascertained to have been performed until after the end of the term of this Lease, shall survive the expiration or sooner termination of this Lease. 22.19 ATTORNEYS' FEES. If either CITY or Lessee should prevail in any litigation, arbitration or other legal proceeding instituted by or against the other related to this Lease, the prevailing party, as determined by the court, arbitrator or the like, shall receive from the non- prevailing party all costs and reasonable attorneys' fees incurred in such litigation, arbitration or proceeding, including costs on appeal, as determined by the court, arbitrator or the like. 22.20 JOINT AND SEVERAL. If more than one individual or entity is identified as Lessee in this Lease, each individual or entity executing this Lease shall be jointly and severally responsible and liable for each of the covenants, obligations and liabilities arising under or in connection with this Lease. 22.21 GOVERNING LAW. This Lease shall, in all respects, be governed, construed, applied, and enforced in accordance with the laws of the State of California. 22.22 ARBITRATION OF DISPUTES. IN THE EVENT OF A DISPUTE BETWEEN CITY AND LESSEE UNDER THIS LEASE, CITY AND LESSEE AGREE THAT SUCH DISPUTE SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH ON Exhibit H ATTACHED HERETO. BY EXECUTING THIS LEASE, CITY AND LESSEE ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THIS LEASE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND CITY AND LESSEE ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR BY JURY TRIAL. BY EXECUTING THIS LEASE, CITY AND LESSEE ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL WITH RESPECT TO DISPUTES ARISING IN CONNECTION WITH THIS LEASE, EXCEPT TO THE EXTENT SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISIONS SET FORTH ON Exhibit H ATTACHED HERETO. IF EITHER CITY OR LESSEE REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO SUCH PROVISIONS, SUCH PARTY MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. EACH OF CITY'S AND LESSEE'S AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. 2016-11-15 Agenda Packet Page 263 EACH OF CITY AND LESSEE ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS READ AND UNDERSTANDS THE FOREGOING AND AGREES TO SUBMIT DISPUTES ARISING OUT OF THIS LEASE TO NEUTRAL ARBITRATION. 22.23 COMPLIANCE WITH CORE AGREEMENT. The parties acknowledge and agree that all provisions, terms, obligations and rights under this Lease are subject and subordinate to the rights of the USOC under the Core Agreement. To the extent that there is a conflict between the terms and conditions of this Lease and the terms and conditions of the Core Agreement, the terms and conditions of the Core Agreement shall govern and control. Notwithstanding any provision of this Lease to the contrary, Lessee shall not do, cause or allow any action in violation of the Core Agreement. Any amendment or modification to the Core Agreement that materially and adversely affects the rights or obligations of Lessee under this Lease shall not be binding on Lessee and shall have no force or effect upon Lessee's rights or obligations under this Lease. 22.24 OPERATOR. The CITY may from time to time (a) delegate any or all of its obligations under this Lease, and/or (b) assign any or all of its rights under this Lease, to a third party operator ("Operator"). Except for matters with respect to which CITY gives Easton prior written notice to the contrary, all approval rights in favor of CITY under this Lease shall be deemed to require the approval of both the CITY and Operator. The current Operator is Elite Athlete Services LLC, a California limited liability company ("EAS") pursuant to that certain Facility Operations Agreement by and between the CITY and EAS dated April 21, 2016 ("Operator Agreement"). Pursuant to the terms and conditions of the Operator Agreement, EAS shall serve as the exclusive operator of the Training Facility. As used herein, the term Operator shall refer to EAS or its successor operator, as designated by CITY from time to time. Except for matters with respect to which CITY gives Easton prior written notice to the contrary, Easton shall have the right to rely on Operator as CITY's authorized representative and agent with respect to all matters under this Lease, without the need to obtain separate approval or authorization with respect to any given action, provided, however, that this Lease may not be amended without written consent of the CITY obtained directly from the CITY. In the event that EAS at any time ceases to be the Operator under this Lease for any reason, EAS shall not have any liability under this Lease with respect to any events or occurrences first arising after the date that EAS ceases to be the Operator under this Lease, except to the extent actually caused by EAS. 22.25 TRANSFER AGREEMENT/EFFECTIVE DATE. No party shall have any obligations under this Lease in the event that the Property is not transferred to CITY pursuant to the Transfer Agreement. If the Property is not transferred to CITY pursuant to the Transfer Agreement by July 1, 2017, this Lease shall be deemed to be null and void. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 2016-11-15 Agenda Packet Page 264 IN WITNESS WHEREOF, CITY and Lessee have executed this Lease as of the date first set forth above. CITY: City of Chula Vista, a chartered municipal corporation By: Printed Name: Its: Approved as to from: Glen R. Googins , City Attorney Attest By: Its: LESSEE: EASTON SPORTS DEVELOPMENT FOUNDATION, a California nonprofit public benefit corporation By: Name: Greg Easton Title: President 2016-11-15 Agenda Packet Page 265 EXHIBIT A-1 DEPICTION OF THE PROPERTY x I y" 2016-11-15 Agenda Packet Page 266 Exhibit A-2 LEGAL DESCRIPTION OF THE PROPERTY [Attached as the immediately following page(s)] 2016-11-15 Agenda Packet Page 267 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHULA VISTA,IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,AND IS DESCRIBED AS FOLLOWS: PARCEL AI:APN 643-040-25 PARCEL 2 OF PARCEL MAP NO. 21014, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 2012 AS INSTRUMENT NO. 2012-0773388 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS, AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, AS RESERVED IN THAT CERTAIN DEED RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-0104492,OFFICIAL RECORDS. PARCEL Al APN 643-040-26,27 AND 28 PARCELS 1, 2 AND 3 OF PARCEL MAP NO. 21116, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 13,2014 AS INSTRUMENT NO.2014-099767 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED '/z INTEREST IN ALL OIL, GAS AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, AS RESERVED BY WESTERN SALT COMPANY, BY DEED RECORDED FEBRUARY 16, 1994 AS INSTRUMENT NO. 94-01.04492 OF OFFICIAL RECORDS. PARCEL B: (PORTION 643-040-02 AND PORTION 643-040-03) A LEASE FOR OLYMPIC TRAINING FACILITIES LOCATED IN THE LOWER OTAY LAKE AREA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA,DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE CENTER LINE OF WUESTE ROAD DESIGNATED AS NORTH 46033'30' EAST 200.32 FEET AS SHOWN ON PARCEL MAP 1.6318 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE CENTER LINE OF SAID WUESTE ROAD A DISTANCE OF 314.55 FEET, THROUGH A CENTRAL ANGLE OF 45003'24" TO THE TRUE POINT OF BEGINNING; THENCE LEAVING THE CENTER LINE OF SAID ROAD NORTH 84019'16" EAST 113.55 FEET TO A TANGENT 75.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 153.01 FEET, THROUGH A CENTRAL ANGLE OF 116°53'16"; THENCE SOUTH 21°12'32" WEST 462.90 FEET; THENCE SOUTH 68°50'31" EAST 341.35 FEET; THENCE NORTH 53°01'11" EAST 207.80 FEET; THENCE NORTH 29°27'13" EAST 97.62 FEET; THENCE NORTH 49°18'16" WEST 131.89 FEET; THENCE NORTH 35°11'51" WEST 137.06 FEET; THENCE NORTH 69022'16" WEST 131.39 FEET; THENCE NORTH 21°12'32" EAST 182.34 FEET TO A TANGENT 105.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 214.21 FEET, THROUGH A CENTRAL ANGLE OF 116°53'16"; THENCE SOUTH 84°19'16" WEST 221.92 FEET TO A POINT ON A 400.00 FOOT RADIUS CURVE CONCAVE WESTERLY,A RADIAL LINE TO SAID POINT BEARS NORTH 77°08'25" EAST, SAID CURVE ALSO BEING THE CENTER LINE OF WUESTE ROAD AS Page 3 2016-11-15 Agenda Packet Page 268 (Continued) SHOWN ON SAID PARCEL MAP; THENCE SOUTHERLY ALONG THE ARC OF SAID CENTER LINE A DISTANCE OF 100.26 FEET,THROUGH A CENTRAL ANGLE OF 14°21'41" TO THE TRUE POINT OF BEGINNING. 2016-11-15 Agenda Packet Page 269 Exhibit A-3 SITE PLAN [Attached as the immediately following page(s)] 2016-11-15 Agenda Packet Page 270 EXHIBIT A-3 SITE PLAN 2016-11-15 Agenda Packet Page 271 2016-11-15 Agenda Packet Page 272 Exhibit A-4 LEGAL DESCRIPTION OF PREMISES THE LAND REFERRED TO HEREIN BELOW SITUATED IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: APN 643-040-25 PARCEL 2 OF PARCEL MAP NO. 21014, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDED OF SAN DIEGO COUNTY, DECEMBER 10, 2012 AS INSTRUMENT NO. 2012-0773388 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED '/2 INTEREST IN ALL OIL, GAS, AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, AS RESERVED IN THAT CERTAIN DEED RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-0104492, OFFICIAL RECORDS. 2016-11-15 Agenda Packet Page 273 Exhibit B CORE AGREEMENT [Attached as the immediately following page(s)] 2016-11-15 Agenda Packet Page 274 ACN: 16026 CFifty CORE AGREEMENT THIS CORE AGREEMENT(the"Core Agreement") is made effective as of this day of March, 2016 (the "Effective Date")between the UNITED STATES OLYMPIC COMMITTEE, a federally chartered not-for-profit corporation("USOC") and the CITY OF CHULA VISTA, a chartered municipal corporation WITNESSETH: WHEREAS,pursuant to the terms of that certain Agreement of Property Transfer and Joint Escrow Instructions entered into by the parties concurrently herewith (the "Transfer Agreement"),USOC has agreed to transfer to CV all of USOC's right, title and interest in and: (a)to that certain real property located at 2800 Olympic Avenue, Chula Vista, California, as more particularly described in the Transfer Agreement (the"Prope "}; and(b) certain improvements and facilities on the Property dedicated to the training of elite athletes, which includes all those facilities described on Exhibit-B attached hereto (collectively, the "Facilities"). The Property and the Facilities have been commonly known, and operated, as the Chula Vista Olympic Training Center. However, from and after the Transfer Date, Property and Facilities are expected to be known and operated as the Chula Vista Elite Athlete Training Center. Accordingly,the Property and the Facilities are sometimes collectively referred to herein as the"CVTC"; WHEREAS, as more specifically provided in the Transfer Agreement,the transfer of the Property and the Facilities comprising the CVTC from USOC to CV is scheduled to occur by on or about December 31, 2016 (the date upon which such transfer of the Property and the Facilities actually occurs being referred to herein as"Transfer Date"); 1029358.031LA 31906t-0000713-17-16ldbs/dbs 2(11 A-11-1.PA41$49W Papp 27.1; WHEREAS, the parties have determined it to be in their mutual best interests to enter into an agreement relating to operations of the CVTC from and after the Transfer Date including, among other things: (i)the maintenance and operations of the CVTC and the standards for same, consistent with what is necessary and appropriate for the successful training and support of elite athletes(the"Elite Athlete Standards"), as such Elite Athlete Standards are set forth in Exhibit C attached hereto; (ii) USOC's Minimum Usage Commitment, as further defined and described in Section 4 below; and(iii) certain other agreements relating to the operational and maintenance standards and obligations for certain portions of the CVTC; NOW, THEREFORE, in consideration of the mutual promises and the covenants herein contained, and for other good and valuable consideration,the parties agree as follows: 1. Term of-Agreement. The term of this Agreement shall commence as of the Transfer Date and shall terminate on December 31, 2020 (the"Initial Term")unless sooner terminated as provided in Section 14 hereof(it being expressly understood, however, that the provisions of Section 2(A) below shall be effective and apply prior to the commencement of the Initial Term during the period from and after the Effective Date);provided, however, that commencing no later than eighteen(18) months prior to the expiration of the Initial Term,USOC and CV shall meet and confer to negotiate on whether and on what terms the parties may extend the initial Term. The Initial Term,as may be extended, shall sometimes be referred to herein as the "Term" or the "Term of this Aereement". Upon the expiration or earlier termination of this Agreement, the parties shall promptly execute,acknowledge and deliver such documentation as is necessary to remove from the Official Records of San Diego County that certain Memorandum of Core Agreement which was recorded on or about the Transfer Date. 1029358.03/LA 319061-001 2- DOCS 2411491.12 2016-11-15 Agenda Packet Page 276 2. Transfer Agreement Interim Agreement and Responsibili for CVTC Operations after the Transfer Date. A. On or about the Effective Date hereof,the parties have entered into the Transfer Agreement. In the event of the termination of the Transfer Agreement for any reason (other than the occurrence of the Closing thereunder), this Agreement shall automatically terminate and be of no farther force or effect,without further action of the parties. B. From and after the Effective Date and until the Transfer Date (the "Transition Period"), USOC and CV will cooperate and take reasonable actions to implement a smooth and efficient transition of operations for the CVTC from USOC to CV and/or CV's designated Third Party Operator. Without limiting the foregoing and to the same end, during the period from the Effective Date until April 15, 2016, USOC and CV shall negotiate in good faith a written agreement(the "Interim Agreement") on terms satisfactory to USOC and CV, and which shall provide (and which shall be more particularly negotiated and set forth in the Interim Agreement)that(i) CV and the Third Party Operator(as defined below) shall have reasonable access to the CVTC prior to the Transfer Date, (ii) CV and the Third Party Operator shall develop an operational/business plan with respect to the use and operation of the CVTC consistent with this Agreement, and shall reasonably consider any recommendations made by USOC in connection therewith, (iii)USOC will provide reasonable access to CV and the Third Party Operator to the reservation system for the Facilities to begin bookings for 2017, (iv) USOC shall provide CV and its Third Party Operator with reasonable access to CVTC employee records as and to the extent deemed appropriate and lawful by USOC(with the understanding that all such employee information disclosed by USOC to CV shall be governed by the Existing Confidentiality Agreement,as defined below), (v)subject to availability as determined by USOC, 1029358.031LA 319061-0000213-17-161dbsldbs -3- 2016-11-RA UAYacket Paee 277 USOC shall provide reasonably acceptable office space for CV and its Third Parry Operator's transitional operations on the CVTC, at no cost to CV, (vi) USOC shall discuss appropriate terms and conditions for the assignment to CV of the interest of USOC under that certain Lease, License and Operation Agreement dated June 13, 2012 with Easton Sports Development Foundation ("Easton"), as amended, and related housing agreement or, in the alternative,prepare a plan of implementation for Easton's independent operation within the CVTC, and (vii) USOC and City shall discuss and develop appropriate terms to minimize potential adverse impacts on athletes in training arising from the construction of athlete housing at the CVTC as contemplated under the Developer Contract (as defined in the Transfer Agreement) and appropriate action if construction is commenced by the transfer of the CVTC to City is not completed. To the extent either party deems it necessary or appropriate to implement additional activities during the Transition Period warranting such an agreement,the parties agree to exercise good faith efforts to negotiate mutually agreeable terms for such agreement(s) and to execute and implement same in a timely manner. The parties acknowledge that any conduct contemplated by this Section by CV, its designated Third Party Operator, and/or any third parry working with or on behalf of either of them, during the Transition Period and before execution of the Interim Agreement, shall be covered by CV's indemnity obligations for the benefit of USOC under Section 12.13 of this Agreement. C. From and after the Transfer Date,the CVTC shall be renamed and operated by CV as the"Chula Vista Elite Athlete Training Center" subject to the terms of this Agreement. 3. USOC's Continued Operation/Control of Certain Facilities. A. Sport Performance Facilities. Pursuant to the following provisions of this Section 3A, during the Term of this Agreement,CV hereby grants to USOC,at no charge, the 1029358.03/1A 31906GG1-00dd0011 -- 2/3317-116/dbs/dbs -4- 2016-11-1SDAMU tt'IAW Paee 278 exclusive right to occupy and use, and USOC shall continue to provide staffing for and operate at USOC's sole cost(under its existing contract with the University of California San Diego or otherwise),the following Facilities: (i)the Sports Medicine Clinic (identified as"Building L" on the site plan attached hereto as Exhibit A-2); (ii)the Sport Physiology Lab that is located within the"Boathouse" (which Sport Physiology Lab is identified as"Building J"on the site plan attached hereto as Exhibit A-2); and (iii)the USOC Sport Performance office spaces(identified as"Building M" and"Building D"on the site plan attached hereto as Exhibit A-2), it being expressly acknowledged that the buildings described in clauses (i)through(iii)hereinabove were, immediately prior to the Effective Date, used and occupied by the Sports Technologist, Sports Physiologist, Sports Dietitian, Sport Psychophysiologist, and USOC staff. The buildings described in clauses (i) through (iv) hereinabove are sometimes collectively referred to herein as the "Sport Performance Facilities". All furniture, fixtures, supplies and equipment within the Sports Performance Facilities (including all sports medicine equipment) (collectively, the "Sport Performance Facilities Equipment") shall be and remain the sole property of USOC and CV shall have no rights or interest therein. Except as otherwise provided hereinbelow, CV shall, at CV's sole cost and expense (subject to reimbursement by USOC with respect to clause (C) hereinbelow), repair,maintain and replace (as and to the extent necessary as reasonably determined by CV), (A) the structural components and the systems and equipment of the Sport Performance Facilities, including the mechanical, electrical,heating and cooling systems (but excluding the Sport Performance Facilities Equipment), (B) the exterior walls,the roof, the gutters,the foundations,the windows,the downspouts of the Sport Performance Facilities, and (C)the interior of the Sports Performance Facilities(including the interior paint, signage and directories, interior lighting, carpeting and flooring) and the surface areas immediately 1029359.0311A 331199061-02000213-117-16ldbs/dbs -5- 2016-11-15Agenda acket Page 279 surrounding the Sport Performance Facilities,and CV shall, at CV's sole cost and expense,keep such portions of the Sport Performance Facilities in good order and condition and otherwise in accordance with the standards in place at the CVTC as of the Effective Date; provided, however, that USOC shall reimburse CV for the reasonable, competitively priced costs actually incurred and paid for by CV in connection with the performance of its maintenance, repair and replacement obligations under clause (C) hereinabove. CV's repair and maintenance obligations shall include,without Iimitation,the obligation to (1)maintain preventative maintenance contracts on all such portions of the Sports Performance Facilities or an acceptable preventative maintenance program consistent with current best practices, and(2)provide janitorial and other cleaning services necessary to keep the Sport Performance Facilities in a clean and sightly condition throughout the Term of this Agreement. In addition, CV shall provide, at CV's sole cost and expense (subject to reimbursement as provided hereinbelow), all utilities required by USOC in connection with USOC's use and occupancy of the Sport Performance Facilities, including, without limitation, the provision of water, gas, electricity, heating,ventilation and air- conditioning and trash removal;provided, however,that USOC shall reimburse CV for the reasonable, competitively priced costs actually incurred and paid for by CV in connection with the performance of such services. All services must be performed at a cost that is reasonable and competitively priced, and a condition to USOC's obligation to so reimburse CV for any costs under this Section 3(A) shall be USOC's receipt of invoices,paid receipts or such other evidence of such costs as USOC may reasonably require demonstrating the cost of such services as a prorated portion of a Iarger maintenance contract. The costs for which USOC is required to reimburse CV under this Section 3 A) shall be credited against, and deducted from, the Minimum Usage Commitment (as defined below), and USOC shall have no obligation to make any out-of- 1029358.03/LA ut-of1029358.03/LA 319061-0000213-17-16/dbs/dbs -6- DOCS 2411491.12 2016-11-15 Agenda Packet Page 280 pocket reimbursements to CV under this Section 3(A)unless and until the Minimum Usage Commitment for the year in question is exhausted. if CV fails to timely and/or properly perform its obligations under this Section 3_A, and such failure continues for a period of ten (10)business days after delivery by USOC of written notice of such failure (except that no such notice shall be required in case of emergency),then USOC shall have the right to perform such obligation on CV's behalf, and CV shall,within thirty (30) days after receipt of invoice therefor,reimburse USOC for the costs incurred by USOC in connection with the performance of such obligation, together with a ten percent(10%) administrative fee. If CV fails to so reimburse USOC within such 30 day period,then without limiting USOC's rights and remedies under this Agreement, at law and/or in equity, USOC shall have the right to offset such amount against the Minimum Annual Payment next due and payable under this Agreement. USOC shall be responsible, at USOC's sole cost, for the maintenance,repairs and replacement (as deemed necessary by USOC) of all Sport Performance Facilities Equipment. In addition, if USOC elects, in USOC's discretion, to cause to be performed any capital upgrades (as opposed to replacements) in or to the Sports Performance Facilities,then such capital upgrades shall be performed by USOC at USOC's sole cost and expense, and in connection therewith, CV hereby agrees that USOC shall have the right,with prior consultations with CV, but without CV's consent, to perform alterations, additions and improvements in and to the Sport Performance Facilities that USOC deems necessary or desirable and consistent with the Elite Athlete Standards. Except as otherwise set forth in this Section 3A, no payments by USOC under this Section 3A shall be offset against the Minimum Annual Payment due and payable under this Agreement. The parties hereby agree that USOC's access to the Sport Performance Facilities shall be exclusive, for use only by USOC and USOC-approved NGB contractors and employees delivering services to USOC and USOC- 1029358.03/LA 319061-00002!3-17-16/dbs/dbs -7- DOCS 2411491.12 2016-11-15 Agenda Packet Page 281 approved NGB designated athletes and programs;provided, however,USOC may, to the extent there is availability of such facilities, make the Sports Performance Facilities available to NGB designated athletes and programs at no charge, and for non-NGB designated athletes and programs at a reasonable expense and CV shall reserve the right to provide similar services elsewhere within the CVTC. B. High Altitude Dorm Rooms. During the Term of this Agreement,USOC shall have priority access to dorm rooms 421,422, 423,424 in the Facility identified on as "Building 400"on Exhibit A attached hereto (collectively,the"High Altitude Dorm Rooms"), together with priority access to the corresponding altitude controls for the High Altitude Dorm Rooms. For purposes of determining USOC's Minimum Usage Commitment pursuant to Section 4 below, the High Altitude Dorm Rooms will be included as four(4) of the total USOC reserved beds, or the equivalent of one thousand four hundred and sixty(1,460)on-complex user days of USOC's Minimum Usage Commitment. USOC shall have priority access to the reservations of the High Altitude Dorm Rooms in accordance with the Operations Plan. Consistent with CV's overall maintenance obligations, CV will be responsible, at its sole cost and expense,for any damage caused as a result of any such third party usage of the High Altitude Dorm Rooms (and/or any of the altitude settings and controls). C. Weight Room and Track&Field Office. During the Term of this Agreement,USOC shall have priority access to the Track& Field Office and the Weight Room (identified as"Building C"on the site plan attached hereto as Exhibit A-2)pursuant to a system to be provided for in the Operations Plan. CV shall be responsible for maintaining the equipment and contents in the Weight Room. The parties shall meet and confer as necessary to address any requested replacement of and/or upgrades to the equipment and contents in the Weight Room. To 1029358.03/LA 319061.0000213-17-16/dbsldbs -$- DOCS 2411491.12 2016-11-15 Agenda Packet Page 282 the extent such replacement and/or upgrades are mutually agreed, they shall be purchased and implemented by CV. With respect to such items that are not mutually agreed,USOC may purchase same at its expense, and CV shall implement same. D. NGB Offices. CV shall utilize its good faith effort to provide areas on CVTC for NGB offices. If trailers are deemed necessary, the parties shall meet and confer with respect to mutually agreeable areas to locate such trailers. 4. USOC Use of CVTC; Modifications or Sale. A. Minimum Usage Commitment. Throughout the Term of this Agreement (as may be extended), on the terms and conditions provided for herein, CV shall make available to USOC, and USOC shall use commercially reasonable efforts to make use of(herein, the "Minimum Usage Commitment") (either by directly arranging for such use or facilitating such arrangements by USOC's recognized National Governing Bodies ("2G& )) by"qualified"elite athletes, coaches and trainers (which for purposes hereof, shall mean any athletes, coaches and/or trainers that USOC selects or identifies from time to time as"elite" in USOC's discretion), the applicable amounts of"full access"described in Exhibit C attached hereto,the operations plan attached hereto as Exhibit E(the"Operations Plan"), and Exhibit F attached hereto to(i)the housing complex at the CVTC identified as "Athlete Housing"on the site plan attached hereto as Exhibit A-2, (ii)the CVTC"Core"facilities and services listed on Exhibit B attached hereto, and/or(iii)the corresponding"specialized" facilities and services necessary to support related sports disciplines listed on Exhibit B attached hereto. The following matters pertaining to USOC's Minimum Usage Commitment are set forth, in and shall be governed by, in Exhibit C attached hereto,the Operations Plan and Exhibit F attached hereto: (A)the process for reservation of beds; (B) the negotiated amount and definition of"full access"to beds, Facilities 1029358.03/LA 319061-00002!3-17-16/dbs/&s -9- DOCS 2411491.12 2016-11-15 Agenda Packet Page 283 and services; (C)the definition of"qualified"elite athletes/trainers; (D)terms for USOC assignment of such resident/access rights; (E) terms for USOC acquisition of Facility usage above and beyond the Minimum Usage Commitment; and(F) a process for the reallocation by CV of unused facilities and services(which may include relief to USOC against the Minimum Usage Commitment). USOC shall, during the term,track and calculate USOC's usage for purposes of determining as and when the Minimum Usage Commitment for each year during the Term has been exhausted and shall deliver to CV a quarterly written report showing USOC's calculation of usage for the year in question and the amount of the Minimum Usage Commitment remaining, if any, for the year in question. B. Modifications or Transfer of CVTC. CV shall consult with USOC prior to any proposed material modifications to or disposition of all or any portion of the CVTC facilities in order to ensure that no such modification(s) or disposition(s)will have a material adverse impact on CV's obligation to maintain the CVTC in a manner consistent with Elite Athlete Standards, and any other material obligation City has under the Agreement. If CV makes any material modification to the CVTC during the Term of this Agreement(as may be extended)that reduces (i)the quality of all or any portion of the CVTC below Elite Athlete Standards and/or (ii)USOC's access to the CVTC below its Minimum Usage Commitment,then in addition to any other rights and remedies available to USOC under this Agreement, at law and/or in equity, USOC shall have the right to reduce its Minimum Annual Payment proportionately. If and to the extent such reduction is material,then in addition to any other rights and remedies available to USOC under this Agreement, USOC shall also have the right,at USOC's election, to terminate its Minimum Annual Payment and its Minimum Usage Commitment entirely; provided, however, that if USOC so terminates its Minimum Annual Payment and its Minimum Usage Commitment 1029358.03/LA 330061.020002!3-117-16/dbddbs -lo- 2016-11-1SAgenaa��ac l Page 284 entirely, (A)USOC shall continue to have the right to use the CVTC for the remainder of the Term in accordance with CV's then current standard fees and use schedules and protocols, but without the obligation to pay the Minimum Annual Payment or comply with the Minimum Usage Commitment (and any pre-paid Minimum Annual Payment shall be applied towards,and credited against, such standard fees), and (B) if and to the extent any special events were scheduled by USOC at the CVTC as of such termination date, and such special event is scheduled to occur on a date that is after such termination date,USOC shall have the right to nonetheless hold such special event at the scheduled date and time in accordance with CV's then current standard fees and use schedules and protocols, but without the obligation to pay the Minimum Annual Payment or comply with the Minimum Usage Commitment(and any pre-paid Minimum Annual Payment shall be applied towards, and credited against, such standard fees). In addition, if CV sells, conveys or otherwise transfers any portion of the CVTC to a third party prior to the end of calendar year 2025 on terms that would eliminate, or otherwise materially reduce,USOC access to all or any porton of the CVTC, then USOC shall similarly have the right to proportionately reduce or terminate its Minimum Annual Payment and its Minimum Usage Commitment obligations under this Agreement. In addition, if any such sale,conveyance or transfer occurs prior to the end of calendar year 2025,then within thirty(30)days after the consummation of such sale, conveyance or transfer, CV shall pay to USOC a percentage of the gross proceeds received from any such sale, conveyance or transfer in accordance with the following schedule: USOC Year of Sale Percentage of Gross Proceeds 2017 90% 2018 85% 2019 80% 2020 75% 2021 50% 1029358.031LA 31906 1-0000213-17-161dbsldbs -11- DOCS 2411491.12 2016-11-15 Agenda Packet Page 285 2022 50% 2023 50% 2024 50% 2025 50% 5. Consideration; Minimum Annual Payment. In consideration of the granting by CV of the use of the CVTC by USOC hereunder,USOC shall pay to CV a minimum annual payment(the "Minimum Annual Payment" of$3,000,000.00 per year during the Initial Term, which Minimum Annual Payment shall be applied as a credit against the use by USOC of the CVTC at the rates and on the terms set forth on Exhibit F attached hereto (it being expressly acknowledged and agreed however that if the use by USOC of the CVTC pursuant to the rates set forth on Exhibit F attached hereto results in an exhaustion of the entire amount of the Minimum Annual Payment for the applicable year in question,USOC shall be permitted to continue to use the CVTC at the rates and on the terms set forth on Exhibit F attached hereto, and shall pay such rates to CV). The Minimum Annual Payment shall be made in four(4) equal payments as follows (with the Minimum Annual Payment being prorated for any partial year): (1) On January I of each year of the Initial Term- $750,000(for the period January 1 to March 31); (2) On April 1 of each year of the Initial Term- $750,000 (for the period April 1 to June 30); (3) On July I of each year of the Initial Term-$750,000 (for the period July 1 to September 30); and (4) On October 1 of each year of the Initial Term- $750,000 (for the period of October 1 to December 31). The user rates and types that the parties anticipate will make up the Minimum Annual Payments are described in Exhibit F attached hereto. 6. CV Use of CVTC; Maintenance and Operation of CVTC. A. CV Use of CVTC. During the Term of this Agreement, CV may maintain, operate and provide to third party users portions of the CVTC and/or CVTC related services (expressly excluding those portions of the CVTC and/or CVTC services (i)which are for the 1029358.03/LA 319061-0000213-17.161ASI&s -12- 11-13ge2tnac2016- akePage 286 exclusive use of USOC pursuant to this Agreement, and/or (ii)necessary to support elite athlete use in a manner at least consistent with the Minimum Usage Commitment) on such terms and conditions as CV deems appropriate,in CV's sole discretion (herein, the"CVTC Discretions Operations"); provided, however, that CV shall abide by, and perform under,the terms and provisions of the following key leases, licenses and occupancy agreements assumed by CV in connection with the transfer of the Property to CV: (i) to the extent the same is assumed by CV on the Transfer Date,that certain License, Lease and Operations Agreement and related housing agreement as previously amended and as it may be further amended prior to the Transfer Date, with Easton; and(ii)that certain Lease executed as of August 17, 1992 by and between the City of San Diego and the San Diego Sports Federation, as amended and assigned, commonly known as The Boat House Lease. CV hereby agrees to timely and properly perform all of its obligations under such assumed leases, licenses and occupancy agreements. Notwithstanding the foregoing, if USOC notifies CV that CV's CVTC Discretionary Operations are causing adverse impacts to elite athlete use (as determined by USOC), CV shall meet and confer with USOC in order to attempt to mitigate and/or eliminate such adverse impacts. USOC and CV hereby agree that it is in USOC's and CV's mutual interest that the CVTC continue to provide world class facilities, services and support for elite athletes, and accordingly,each party shall act diligently and in good faith to attempt to mitigate and/or eliminate such adverse impacts. If, following such efforts, the parties are unable to mitigate and/or eliminate such adverse impacts, then the matter shall be subject to the dispute resolution procedures set forth in Section 31 below. B. Maintenance and Operations of CVTC. Except as otherwise expressly provided in this Agreement, during the Term of this Agreement, CV shall maintain and operate the CVTC in accordance with the provisions of Exhibit C attached hereto,the Operations Plan 1029358.03/LA 319061.00002/3-17-16/dbs/dbs -13- DOCS 2411491.12 2016-11-15 Agenda Packet Page 287 and Exhibit F attached hereto,and otherwise in accordance with the terms and provisions of this Agreement. 7. Ci O enation of Retail Stores. During the Term of this Agreement, CV may, at its sole expense, operate(or arrange for a third party to operate) retail venues at the CVTC as CV reasonably determines. All retail sales of USOC-branded items shall be subject to the reasonable conditions established by USOC regarding sale of USOC-branded items. 8. Utilities. During the Term of this Agreement, CV shall provide,without charge to USOC, all utility services at the CVTC in connection with the Elite Athlete Standards, excluding telephone,required for USOC's ordinary use hereunder to the extent now being provided. In addition, CV shall provide the information technology services described in Section b of Exhibit C hereof in accordance with the Elite Athlete Standards. 9. Waste Disposal. During the Term of this Agreement, CV shall, at its sole cost and expense(subject to Section 3A above),be responsible for the collection and disposal,to the extent reasonable and ordinary, of all trash, garbage and other waste material at the CVTC. USOC shall be responsible for arranging and paying for the appropriate collection and disposal of any medical waste generated at the Sports Performance Facilities. 10. Admission to CVTC. A. During the Term of this Agreement, CV shall be solely responsible for the establishment and implementation of policies and regulations governing admission to the CVTC, and for all ticket policies and price schedules during USOC and NGB trairting and events or PSO (as defined below)training and events. B. Official USOC, NGB and PSO personnel, including athletes training or participating in competitions, shall be issued identification cards by USOC, and such persons, 10293ss.03/LA 319061.0000213-17.16/dbs/dbs -14- DOCS 2411491.12 2016-11-15 Agenda Packet Page 288 when carrying such identification cards on their person, shall be admitted to the CVTC for the purpose specified on the identification card only and no other. CV shall use commercially reasonable efforts to utilize the same identification card and participant management/reservation system that USOC used for the CVTC immediately prior to the Effective Date. C. Nothing in this Section 10 shall preclude the use of such identification cards by the named holders thereof for admission as spectators to NGB or PSO events and activities to the extent seats and space are available related to their sporting events. 11. Annual Review Regarding NGBs and PSOs. A. USOC may, each year during the Term of this Agreement, conduct an annual review to determine whether or not the needs of those NGBs and PSOs who use the CVTC and who are provided CVTC services are being met. 1n conducting this review, USOC shall obtain input from the NGBs and PSOs through the use of a survey. The survey shall not only inquire as to the sufficiency of the CVTC and services, but shall also inquire as to possible remedies to resolve any issues that may be raised. The survey and any responses to the survey shall be provided to CV and CV shall meet and confer with USOC regarding same; provided, however,that the parties acknowledge and agree that survey results shall not create a binding obligation on CV to modify operations. The parties agree that the input results considered in this review will be treated as confidential information hereunder, except that this information may be shared with any standing advisory bodies operated by or for either party. 12. Indemnification. A. During the Term of this Agreement, USOC hereby agrees to protect, indemnify, defend and hold harmless CV, its sponsors, officers, and employees (collectively,the "Indemnitees")from any and all claims,causes of action, demands, losses, damages, costs or 1029358.03/LA 319061.0000213-17-16/dbs/dbs -15- DOCS 2411491.12 7n1 N_11_1 r A----10 D-1—f D—7R0 judgments and expenses (including reasonable attorneys' fees)of whatever nature against them individually or by reason of,based upon, relating to or arising out of(i)the use and occupancy of the CVTC by the USOC, its agents, employees,invitees and permitees (ii) a breach or claimed breach in connection with USOC's obligations under this Agreement,and/or(iii) the negligence or willful misconduct of USOC, and including all claims or causes of action seeking contribution and/or apportionment of responsibility under the laws of the State of California,unless such claims, causes of action, demands, costs or judgments arise in whole or in part from the negligence or willful misconduct of the Indemnitees under this Agreement. B. During the Term of this Agreement, CV agrees to protect, indemnify, defend and hold harmless USOC and its respective officers,volunteers,employees, agents, servants,affiliates, sponsors,NGBs of various participating sports, representatives and assigns (collectively,the"USOC Indemnitees"),harmless of and from any and all claims, causes of action, demands, losses, damages,costs or judgments and expenses (including reasonable attorneys' fees) of any kind or nature whatsoever, by reason of, based upon, relating to or arising out of the use, operation, maintenance, repair and/or ownership of the Property and/or the CVTC, and unless such claims, causes of action, demands, losses, damages,costs or judgments and expenses arise in whole or in part from the negligence or willful misconduct of USOC or the USOC Indemnitees and/or individuals operating under its auspices in connection with activities under this Agreement or the breach or claimed breach of USOC's obligations under this Agreement or the use or occupancy of the CVTC by the USOC or the USOC Indemnitees and their respective agents, employees, invitees and permitees. C. During the Term of this Agreement, each party agrees to provide notice to the other as soon as is practicable, preferably within ten(1 Q)working days, of any event likely to 1029358.03/LA 319061-0000213-17-161dbs/dbs -16- DOCS 24114912 2016-11-15 Agenda Pac et Page 290 give rise to or, if unexpected,which has already given rise to a claim or liability under this Section 12. The indemnifying party shall possess the right to defend and/or settle such a claim and shall be entitled to cooperation from the indemnified party in doing so. To the degree practicable and reasonable, the indemnified party shall be informed of any settlement prior to its conclusion. Upon notice of any claim,demand or action relating to CV's indemnity, CV agrees to adjust, settle or defend the same at the sole cost of CV. D. Each party hereby waives any and every right or cause of action for the events which occur or accrue during the Term of this Agreement for any and all loss of,or damage to,any of its property(whether or not such loss or damage is caused by the fault or negligence of the other party or anyone for whom said other party may be responsible), which loss or damage is covered by valid and collectible fire, extended coverage, "All Risk" or similar policies covering real property, personal property or business interruption insurance policies, to the extent that such loss or damage is recovered under such insurance. The provisions of this waiver shall be in addition to, and not in limitation or derogation of, any other waiver or release contained in this Agreement with respect to any loss or damage to property of the parties hereto. Written notice of the terms of the waiver provided herein shall be given to the insurance carriers that provide the coverage required by this Agreement, and such insurance shall be properly endorsed, if necessary,to prevent the invalidation of coverage by reason of such waivers. E. The provisions of this Section 12 shall survive the expiration or earlier termination of this Agreement. 13. Insurance. A. During the Term of this Agreement, USOC shall be responsible for providing, or shall cause to be provided for itself, its sponsors and agents, as warranted, at its sole 1029358.031LA 319061-0000213-17-16ldbsldbs -17- DOCS 2411491.12 2016-11-15 Agenda Packet Page 291 cost and expense, during the entire period of this Agreement policies of insurance for the purpose of protecting its property and interests in the CVTC as they may exist. Such insurance shall include, but not necessarily be limited to: (i) Commercial General Liability Insurance with minimum limits per occurrence of Two Million Dollars ($2,000,000)and general aggregate limits of not less than Five Million Dollars ($5,000,000), including inter alia coverage for bodily injury, property damage,product liability/completed operations,and participant legal liability. The policy(ies) shall contain provisions designating CV as Additional insured party as its interest may appear. (ii) Property and Contents insurance for the Sports Performance Facilities Equipment and any Excluded Personal Property(as defined in the Transfer Agreement)(but only to the extent the same remain at the CVTC after the Transfer Date) covering all risks of loss or physical damage appropriate with the nature of such personal property for the replacement cost of such property. The policy(ies) of insurance shall be maintained in a form and with deductibles as are consistent with the operational and risk management policies of USOC for its locations and operations. (iii) Workers Compensation Insurance providing coverage for all USOC employees at CVTC which shall provide minimum limits not less than required by statute in the State of California and minimum Employer Liability limits of One Hundred Thousand Dollars ($100,000)Each Accident, Five Hundred Thousand Dollars ($500,000)by Disease, and One Hundred Thousand($100,000) Dollars by Disease-Each Employee. B. CV shall be responsible for providing, or shall cause to be provided by its affiliates, sponsors and assigns,as warranted, during the Term of this Agreement policies of insurance for the purpose of protecting its property and interests in CVTC as they may exist; 1029358.031LA 319061-0000213-17.161dbs/dbs -18- DOCS 2411491.12 7M N_11_1 r A----10 Do 1� f Doom 709 provided,however,that CV may self-insure with respect to all such insurance. Such insurance shall include, but not necessarily be limited to: (i) Commercial General Liability Insurance with minimum limits per occurrence of Two Million Dollars ($2,000,000) and general aggregate limits of not less than Five Million Dollars ($5,000,000), including inter alia coverage for bodily injury,property damage,product liability/completed operations,and participant legal liability provisions like those in the insurance maintained by USOC. The policy(ies) shall contain a provision designating USOC, Sponsors and Participants (as those used in the insurance maintained by the USOC)as Additional Insured as their interests may appear. In the event CV carries a policy of self-insurance or self-insured retention,the CV agrees to indemnify USOC to the extent that USOC would have been covered by the insurance described above without the self-insured element. (ii) Property and Contents Insurance for the Facilities and all personal property on the CVTC other than the property described in Section 13(A)(ii)above covering all risks of loss or physical damage appropriate with the nature of the Facilities for not less than the agreed upon value of such property. The policy(ies)of insurance shall be maintained in a form and with deductibles as are consistent with the operational and risk management policies of CV. (iii) Workers Compensation Insurance providing coverage for all CV and contracted employees at the Facility, if any,which shall provide minimum limits not less than required by statute in the State of California and minimum Employer Liability limits of One Hundred Thousand Dollars ($100,000)Each Accident,Five Hunched Thousand Dollars ($500,000) By Disease, and One Hundred Thousand($100,000) Dollars by Disease-Each Employee. I029358.03/LA 319061.0000213-17-16/dbsldbs -19. DOCS 2411491.12 7M N_11_1 r A----10 Do 1� f Doom 707 C. Each party shall be designated as a Certificate Holder and additional insured with respect to all policies of insurance required under this Section with the exception of Worker's Compensation Insurance. Certificates of Insurance, giving evidence that each of the requirements of this article have been met, shall be provided by the insurance company (ies)to the respective Certificate Holder. For the USOC, certificates shall be directed to the USOC General Counsel and to the USOC Controller, for CV certificates shall be directed to CV's Risk Manager. All such certificates shall be updated annually. D. Commercial General Liability and Property Insurance policies shall contain a provision requiring not less than thirty (30) days written notice to the respective Certificate Holder. E. Except to the extent such matters are self-insured, each insurance policy required by this Section 13 shall be secured from a company authorized to write insurance in the State of California. Such company(ies) shall possess a rating of A-VIII or better from A.M. Best or a comparable rating from another recognized rating service in the event that the insurer is not rated by Best. State-operated insurance pools for Workers Compensation shall be exempt from this provision. F. In the event that a building is damaged by fire or other casualty such that operations cannot be continued until rebuilt or repaired,both parties agree that this Agreement will remain in force, as practicable, and that both parties will work together to see that insurance proceeds are used fully to restore operations as quickly as possible. G. USOC and CV intend that their respective property loss risks shall be borne by reasonable insurance carriers to the extent above provided,and USOC and CV hereby agree to look solely to, and seek recovery only from,their respective insurance carriers in the event of a 1029358.03/LA 319061-0000213-17-161dbsldbs -20- DOCS 2411491-I2 2016-11-15 Agenda Packet Page 294 property loss to the extent that such coverage is agreed to be provided hereunder. The parties each hereby waive all rights and claims against each other for such losses, and waive all rights of subrogation of their respective insurers, provided such waiver of subrogation shall not affect the right to the insured to recover thereunder. The parties agree that their respective insurance policies are now, or shall be, endorsed such that the waiver of subrogation shall not affect the right of the insured to recover thereunder, so long as no material additional premium is charged therefor. 14. Termination. This Agreement shall terminate on the expiration of the Term of this Agreement(as may be extended)unless earlier terminated(a) in writing, on mutual agreement of the parties and upon mutually agreeable terms,or(b) as otherwise expressly provided in this Agreement. 15. USOC Events of Default. The occurrence of any of the following acts, events or conditions, shall constitute an"Event of Default"by USOC under this Agreement: A. Any Minimum Annual Payment or other sum of money payable under this Agreement is not paid when due and such failure shall continue within thirty(30) days after the time periods provided for in this Agreement(or if no time period is expressly provided,then USOC shall have a period of thirty (30) days after USOC's receipt of written notice of the required payment); B. The failure or refusal of USOC, at any time during the Term, to fulfill or perform any other material covenant, agreement or obligation of USOC hereunder if such failure or refusal shall continue without correction for a period of sixty (60)consecutive calendar days from and after USOC's receipt of written notice thereof,provided that if such covenant, agreement or obligation shall be of such nature that it can be fulfilled or performed and if USOC 1029358.03/LA 319061-00007!3-17-16ldbsldbs -21- DOCS 2411491.12 2016-11-15 Agenda Packet Page 295 in good faith commences to fulfill or perform same within said sixty(60) day period, but due to the nature of same it could not be reasonably fulfilled or performed within said sixty(60) day period exercising due diligence, an Event of Default shall not be deemed to have occurred if USOC is then diligently pursuing the fulfillment or performance of the covenant, agreement or obligation and shall thereafter continuously and diligently proceed therewith until completion. 16. Remedies for USOC Event of Default. Upon the occurrence of an Event of Default by USOC, CV shall have the option to (i)immediately terminate this Agreement, and/or (ii) pursue any and all remedies available at law or in equity, including an action for monetary damages. Each right and remedy of CV provided for in this Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Agreement except as otherwise limited by this Agreement, and the exercise or the beginning of the exercise by CV of any one or more of the rights or remedies provided for in this Agreement shall not preclude the simultaneous or later exercise by CV of any or all other rights or remedies provided for in this Agreement. 17. CV Event of Default. The occurrence of any of the following acts, events or conditions shall constitute a"CV Event of Default"under this Agreement: A. Any sum of money payable under this Agreement is not paid when due and such failure shall continue within thirty(30) days after the time periods provided for in this Agreement(or if no time period is expressly provided, then CV shall have a period of thirty(30) days after CV's receipt of written notice of the required payment); B. In the event CV fails to perform any other material covenant, agreement or obligation under this Agreement, and such failure continues for sixty(60) days after written notice from USOC (or if such obligation cannot be cured within sixty(60) days,then after such 1029358.0311.A 319461.0000213-17-16/dbs/dbs —22— DOCS 2411491.12 7016-11-1 S Avendn Pnrknt PAPP 296 period of time as reasonably necessary to cure so long as CV has commenced such cure within said 60-period and diligently prosecutes the same to completion). 18. Remedies for CV Event of Default. Upon the occurrence of a CV Event of Default,USOC shall have the option to (i)immediately terminate this Agreement, and/or(ii) pursue any and all remedies available at law or in equity, including an action for monetary damages. Each right and remedy of USOC provided for in this Agreement shall be cumulative and shall be in addition to every other right or remedy provided for in this Agreement except as otherwise limited by this Agreement, and the exercise or the beginning of the exercise by USOC of any one or more of the rights or remedies provided for in this Agreement shall not preclude the simultaneous or later exercise by USOC of any or all other rights or remedies provided for in this Agreement. 19. Limitation on Consequential Damages. Notwithstanding anything to the contrary contained in this Agreement, nothing in this Agreement shall impose any obligation on USOC or CV to be responsible or liable for,and each hereby releases the other from all liability for, lost profits or other consequential damages. 20. Amendments. This Agreement may be amended at any time upon mutual consent and agreement of the parties in writing. 21. Entire Agreement. This Agreement constitutes the entire agreement of the parties, and replaces any and all prior agreements or understandings by either of them or between them,whether written or oral, relating in any way to the subject matter of this Agreement. 22. Assignments. This Agreement shall be final and binding upon and shall inure to the benefit of the parties and their successors, representatives, licensees and assigns. This Agreement may not, however,be assigned by either parry without the prior written approval of 102935&03ILA 319061-00002/3-17-16/dbsrdbs -23- DOCS 2411491.12 the other parry which consent may be granted or withheld in such party's sole and absolute discretion. Notwithstanding the foregoing to the contrary, CV shall have the right to assign all or a portion of its duties hereunder to a non-profit entity formed by CV for such purpose, and/or to a qualified Third Party Operator(as defined below), in all cases subject to USOC's prior written approval,which shall not be unreasonably withheld ,conditioned or delayed. USOC hereby approves Point Loma Trust, or a wholly owned subsidiary thereof, as the initial Third Party Operator. As used herein,the term"Third Party Operator" shall mean an independent third party which shall, under the Operator Agreement, administer the day-to-day maintenance and operations of the CVTC. CV may delegate any and all of its rights and obligations under this Agreement to such Third Party Operator;provided, however, that in no event shall CV be released from its primary liability for its obligations hereunder without the prior written consent of US OC. The Third Party Operator will not have any right to place signage or other promotional materials bearing its own name, or the name of any affiliated entity, on-site at the CVTC. Finally, and without limiting the foregoing, CV will ensure that its Third Party Operator maintains a direct means of athlete representation(i.e., elite athletes who have used CVTC facilities at some point within the preceding four years) in its management structure (e.g., an athlete representative on the Third Party Operator facility management entity Board of Directors (or its equivalent), or an advisory panel made up of athletes). 23. Separability. The invalidity or illegality of any part of this Agreement shall not affect the validity or force of any other part hereof. 24. Applicable Laws. This Agreement is to be considered to have been made in the State of California, and is subject to the laws of the State of California. 1029358.03/1..A 319051-0000213-17-161dbs1dbs -24- DOCS 2411491.12 7016-11-1S Avendn Pnrknt PAPP 29R 25. Contacts. A. CV's City Manager shall designate in writing from time to time CV personnel to serve as official contact representatives of CV and its affiliates for the purposes of this Agreement. B. The USOC Chief Executive Officer shall designate in writing from time to time USOC personnel to serve as the official contact representatives of the USOC and its affiliates for the purposes of this Agreement. 26. Relationship of Parties. The parties are acting herein as independent contractors and independent employers. Nothing herein contained shall create or be construed as to creating a partnership,joint venture or agency relationship between CV and USOC, and neither party shall have the authority to bind the other in any respect. 27. Administration of Agreement. The parties agree to meet annually, in the spring, throughout the Term of this Agreement at a time and place to be mutually agreed upon,to review the administration of this Agreement. In preparation for such meeting,the parties shall solicit and meet and confer regarding any and all input from NGBs and/or PSOs which are designated as primary users of the CVTC. 28. Olympic Marks and Sponsors. The parties acknowledge and agree that during the Term of this Agreement, CV intends to operate the CVTC as a USOC"Olympic and Paralympic Training Site"and that the USOC supports that intention. The terms in this Section 28 (i) shall only apply during the Term of this Agreement,and(ii) describe the means by which the USOC will grant to CV the necessary rights and opportunities to use the"Training Site Designation"as that term is defined below. No other transfer of rights to Olympic marks is contemplated. As CV operates the CVTC,"Olympic Training Site" status will be one element of 1029358,03/LA 319051-0000213-17-16ldbs/dbs -25- DOCS 2411491.12 7016-11-1 S Avendn Pnrknt PAPP 299 the CVTC, not its entirety. As such, and subject to the terms hereof, CV will be free to pursue sponsorship and event opportunities for the CVTC so long as it always ensures that no such sponsorship or event suggests any relationship between the USOC and any entity that is not a USOC sponsor. The parties will cooperate reasonably throughout the Term of this Agreement to implement the following terms in light of the foregoing principles. A. USOC Sole Owner of Olympic Marks. CV acknowledges that USOC is the sole owner of all Olympic and ParaIympic-related marks, names,designs, logos, symbols, emblems, designations,indicia, and terminology(collectively,"Olympic Marks"), including but not limited to the Training Site Designation. As used herein, "Training Site Designation" shall mean the designations as set forth in Exhibit H attached hereto. Except as specifically set forth in this Section 28,this Agreement does not grant to CV any right to use any Olympic Marks. B. Grants of Rights to Training Site Designation. USOC hereby grants to CV a non-exclusive right and license to use the Training Site Designation and to refer to the fact that the CVTC is a"U.S. Olympic and Paralympic Training Site" subject to the terms and conditions, as set forth in,this Agreement. Where USOC prior approval is required,USOC agrees to exercise its discretion reasonably and agrees to use reasonable efforts to ensure that all requests for approval are processed promptly. All rights in and to Olympic Marks (including but not limited to the Training Site Designation) not specifically granted to CV herein are reserved by USOC. C. Use of Training Site Designation with Name of the Facility. All uses by CV of the Training Site Designation must be as a standalone designation, combined only with the name of the CVTC, and not combined with any other name or mark. CV's initial name for the CVTC shall be the"Chula Vista Elite Athlete Training Center." City shall have the right to 1029358.031LA 319061-0000213-17-16/dbs/dbs -26- DOCS241149I.12 2016-11-15 Agenda Packet Page 300 change the name in its discretion provided that the name does not include reference to any Olympic mark,name, or other terminology, and the inclusion of any third-party mark or name must be approved by the USOC. In all cases where the Training Site Designation is used in proximity to the name of the CVTC, such use must be secondary,meaning that the use of the Training Site Designation is less prominent than the CVTC name. D. Standards for the Training Site Desianation Use. USOC has delivered to CV written standards for the use of the Training Site Designation in that certain booklet entitled"U.S. Olympic and Paralympic Training Sites Resource Booklet 2015" ("TSD Usage Standards") attached hereto with Exhibit H. CV hereby agrees that CV shall comply with, and shall cause the Third Party Operator to comply with,the TSD Usage Standards at all times during the Term of this Agreement. USOC will have the right to supplement or change these TSD Usage Standards from time to time with written notice to CV and consultations regarding a reasonable transition period from the old to the revised standard(s). USOC agrees that such changes will not impose an undue burden on CV to modify or replace any existing materials incorporating the Training Site Designation. CV may use the Training Site Designation in collateral print and electronic materials that identify or promote the CVTC provided that CV first obtains USOC's prior approval of the appearance of the same. Once USOC approval is obtained, CV may use approved materials in other forms and contexts,provided, however, in no event shall any materials containing the Training Site Designation be used in any way in connection with or proximity to any third party mark. CV must receive USOC's prior written approval prior to conducting any fundraising activities that reference association with the Training Site or that use the Training Site Designation,or that otherwise imply a connection with USOC,the U.S. Olympic and/or Paraiympic Team,and/or Olympic Marks. 1029358.03/LA 319061.00002/3-17-161dbsldbs -27- DOCS 2411491.12 2016-11-15 Agenda Packet Page 301 E. 'Signage. Prior to the Transfer Date, USOC shall remove, at USOC's cost, the existing public-facing Olympic Training Center signage at the CVTC (it being agreed that CV shall have no right to do so). USOC and CV will mutually agree on the appropriate locations for the Training Site Designation usage at the CVTC. CV will be solely responsible for the fabrication of the elements and installation of the signage for the CVTC which contain the Training Site Designation and which are affixed to the signs,billboards and similar structures at the Training Site (the "Sign Faces"). The Sign Faces will be fabricated to the specifications reasonably established by USOC and CV at the sole cost and expense of CV. CV agrees to repair, operate, and maintain the signs, billboards and other similar structures so that the Training Site Designation will always be displayed in accordance with this Agreement. CV may display outside of the CVTC banners or flags bearing an Olympic Mark designated by USOC ("Olympic Mark Banners/Flags"),provided that, (i)no such Olympic Mark BannerslFlags may be larger than the United States or State flag, and(ii) any Olympic Mark Banners/Flags must be displayed within reasonably proximity of a CVTC or a City of Chula Vista flag or flags, and in such event (a) such Olympic Mark Banners/Flags shall be no larger than such CVTC or City of Chula Vista flag or flags, and(b) such Olympic Mark Banners/Flags shall not be in greater numbers than such CVTC or City of Chula Vista flag or flags. The parties acknowledge and agree that, as of the date of this Agreement,there exist certain signs and other installations at the CVTC that depict one or more Olympic marks not licensed to CV hereunder (the "Residual Marks"). The parties will cooperate reasonably to address each such Residual. Mark as appropriate under the terms hereof. Consistent with the terms hereof, CV will remove and/or cover each such Residual Mark as instructed by USOC. In general, it is the intent of the parties to remove and/or cover Residual Marks that appear in publically viewable locations (e.g., exterior building features), and 1029358.03/1.A 319061-0000213-17-161dbsldbs -28- DOCS 2411491.12 2016-11-15 Agenda Packet Page 302 consider allowing them to remain where they appear in restricted areas (e.g.,within dorms or cafeterias), provided always that no non-USOC Sponsor third party mark or designation is ever used in connection with, or in proximity to, any such Residual Mark. F. Third Par Use. CV will have no right to permit use of the Training Site Designation or any other Olympic Marks by any third party without USOC's prior written consent. On a case-by-case basis, USOC will review requests for, and may approve in its sole discretion,the use of the Training Site Designation by entities that sponsor USOC and secure certain rights to, among other things, the Olympic and Paralympic Marks (the"USOC Sponsors"). CV may submit to USOC requests for use of the Training Site Designation in connection with on-site sponsor recognition or for use by third parties, which requests will be reviewed by USOC on a case-by-case basis and approved or not approved by USOC in its sole discretion. Without limiting the foregoing, CV may authorize its own service providers for the CVTC to exercise CV usage rights hereunder on CV's behalf, solely to the extent necessary for such third parties to provide CVTC services to CV; in all such cases, CV will be fully responsible and liable for such third parties' actions as though they were carried out by CV itself. In all such cases, CV will be fully responsible and liable for such third parties' actions as though they were carried out by CV itself. Without limiting the generality of the foregoing, CV will be responsible for relevant submissions to the USOC, and for ensuring that in all cases it is clear that it is CV and the CVTC,not the third party service provider, that has a relationship with the USOC. G. Naming and Sponsorship of Facilities or Events. CV may offer naming and/or sponsorship rights for the CVTC and/or its facilities, including but not limited to signage related thereto, and special events held at the CVTC provided that(1) CV agrees to consult with 1029358.03/LA 319061.0000213-17-16/dbsldbs -29- DOCS 7411491.12 2016-11-15 Agenda Packet Page 303 USOC in advance to give USOC Sponsors first opportunity for same, and (2) CV ensures that no association of any kind will occur between USOC, the U.S. Olympic Team, the Training Site Designation,or the Olympic Marks, on the one hand, and such third parry, on the other hand. Such actions may include,without limitation substantial changes to the nature and location of previously installed signage or other materials, or the temporary covering of same for special events, and(ii) agreements with third party sponsors that specify prohibited conduct and active City enforcement of same. H. Sharing of Sponsorship Information and Cooperation. USOC will ensure that a current list of USOC Sponsors is kept on its website, www.teamusa.com. CV will keep USOC informed with respect to all sponsorship agreements into which CV intends to enter in relation to the CVTC, irrespective of the type or nature of those sponsorship agreements. Without limiting the generality of the foregoing, CV must notify USOC in writing prior to entering into any sponsorship agreement for the CVTC with a third party that is not a USOC Sponsor. I. CV to Encourage Sale and Use of USOC Products and Sponsors. In any merchandise retail sales outlet operated at the CVTC (including temporary merchandise kiosks), CV agrees to encourage the inclusion of the sale of USOC Products, should USOC, in its sole discretion, request such sale of USOC Products. As used herein, "LTSOC Products"shall mean goods offered for sale and authorized by USOC to bear the Olympic Marks. Further CV will use reasonable efforts to use, and to encourage its concessionaires and other vendors to use, the appropriate Designated Products of USOC Sponsors in the operation of the CVTC,provided that the pricing and other terms upon which such Designated Products provided are competitive and otherwise reasonably acceptable to CV (or the applicable concessionaire or vendor). As used 1029359.03/LA 319061-000025.17-1610sMbs -30- DOCS 2411491.12 2016-11-15 Agenda Packet Page 304 herein, "Designated Products" shall mean products of USOC Sponsors that fall within their USOC sponsorship categories. I Sale of Goods and Training Site Designation. CV may create Training Site Designation-branded goods for sale or distribution free of charge provided that any use of the Training Site Designation is consistent with TSD Usage Standards, and CV uses a USOC premium fulfillment and/or merchandise licensee. USOC wiII provide a then-current Iist of its premium fulfillment and merchandise licensees upon request. K. Video Production. CV will ensure that any non-news related media or video production company permitted to include any Olympic Mark, including without limitation the Training Site Designation, in any content featuring the CVTC in any way,enters into a signed USOC on-location agreement before engaging in any filming or other recording. L. Other Proposed Uses of Marks or non-USOC Sponsors. Any proposed use by CV of the Training Center Designation not covered by the provisions of this Section, above, shall be subject to USOC's prior written approval, on a case by case basis, in USOC's sole discretion. M. CV Violations a Material Breach CV's failure to strictly comply with its obligations under this Section 28, shall constitute a material breach hereunder which,unless cured as provided in Section 173, shall constitute a CV"Event of Default"under Section 18, entitling USOC to all remedies therein specified. At USOC's option any CV pattern of non- compliance may also be treated as a"dispute"between the parties subject to the dispute resolution provisions of Section 30. N. Consideration of Sponsorship Opportunities. USOC agrees to (i) reasonably consider proposals by CV to bring in potential new sponsors for the CVTC, (ii) 1029358.03/LA 319061-0000213-17-16/dbsedbs -31- DOCS 2411491.12 2016-11-15 Agenda Packet Page 305 introduce CV to USOC's existing sponsors as and to the extent USOC deems such introduction appropriate in its sole and absolute discretion, and (iii) introduce CV to other parties for the purposes of facilitating business relationships between CV and such third parties in connection with the use of the Property, to the extent USOC deems such introduction is appropriate in its sole and absolute discretion. O. Additional Training Site Designations. If USOC contemplates adding Olympic training site designated-facilities for other sports within Southern California,USOC will provide CV with an opportunity to make a proposal to USOC conduct of such sports activities at the CVTC (it being expressly understood and agreed that the foregoing shall not apply with respect to any other facilities owned or operated by USOC that are not designated as an Olympic training site). For purposes of this Section,"Southern California" shall mean the area bordered by the northernmost boundaries of San Luis Obispo,Kern and San Bernardino Counties in the north, the U.S. Border with Mexico in the south,the Pacific Ocean in the west, and the easternmost boundaries of San Bernardino, Riverside and Imperial Counties where said counties border with the states of Nevada and Arizona, in the east. 29. Athlete Safety. CV will at all times during the Term publish, broadly communicate and include in applicable agreements with third parties, including NGB's, the minimum standards for athlete safety at U.S. Olympic and Paralympic Training Sites set forth in Exhibit I hereto,as USOC may update such Exhibit from time to time with prior written notice to the CV. The parties recognize that the standards set forth in Exhibit I are minimum standards. Each of USOC and CV shall be responsible for the compliance of their own employees, contractors and agents with the athlete safety standards. 1029358.03/LA 319061-0000213-17-161dbsldbs -32- DOCS 2411491.t2 2016-11-15 Agenda Packet Page 306 30. Non-Discrimination Policy,Inclusiveness. CV will adopt and strictly enforce as to all its employees, contractors,agents, operators and vendors a non-discrimination policy which governs all facets of CVTC operation, which policy will include terms at least as stringent and comprehensive as those set out in Exhibit J attached hereto, incorporated and made a part hereof by reference. Further, CV will, and will require its Third Party Operator to,proactively seek to create an environment of inclusion at the CVTC, including without limitation by offering a means by which CVTC athletes,coaches,and other users may provide feedback regarding inclusion and discrimination. USOC shall be responsible for the adoption and application of such non-discrimination policy with respect to their respective employees, contractors and agents. Without limiting the foregoing, all parties will be responsible for their own adoption and employment of policies complying with applicable laws, including,with regard to staff employed in the State of California,with the California Fair Employment and Housing Act. 31. Dis ute Resolution. The parties intend to provide the highest level of service to the athletes and others encompassed within the Minimum Usage Commitment and Elite Athlete Standards. In that spirit, every effort shall be made to avoid conflicts and disputes. If a conflict or dispute arises in relationship to CVTC operations, all efforts will be used to immediately resolve such conflict or dispute on an amicable basis. If the parties cannot immediately arrive at a resolution of such conflict or dispute, the following dispute resolution procedure shall be followed: (i) USOC's designated program leader and the CV representative responsible for the venue in question shall meet and use all best efforts to resolve the issue in the best interest of the applicable program and athletes involved and all other applicable considerations, and with the least amount of disruption possible to the applicable program. It is 1029358.031LA 319061-0000213-17-161dbsldbs -33- DOCS 2411491.12 2016-11-15 Agenda Packet Page 307 the mutual hope of the parties that the individuals involved at this stage will resolve most conflicts. (ii) In the event that the dispute or conflict cannot be resolved by the process previously described, then such dispute or conflict shall be promptly submitted to a representative designated by USOC(the"First USOC Resolution Representative") and a representative designated by CV (the"CV Resolution Representative") for resolution The foregoing shall be accomplished by the complaining party submitting, in writing, a brief and specific summary of the dispute,as well as the relief sought. It is not the intent of the parties that such document be technical in nature, but rather that such document be an aid in providing prompt, fair and impartial relief with the least degree of disruption possible to the program. The First USOC Resolution Representative and the CV Resolution Representative will use their best efforts to comply with the spirit of the dispute resolution process set forth in this Section 29 in providing the fairest possible resolution. (iii) In the event that neither of the above-referenced steps results in the resolution of such dispute, a designated USOC individual (the"Second USOC Resolution Representative'} (different from the First USOC Resolution Representative) and the CV City Manager shall have such dispute or conflict promptly submitted to them by the First USOC Resolution Representative and the CV Resolution Representative with the written complaint and written reviews of the First USOC Resolution Representative's and the CV Resolution Representative's attempts to resolve, as well as their reasons for not being able to resolve,the issues. The Second USOC Resolution Representative and the President of the CV City Council shall (A)confer, by telephone if necessary, or in person if possible, and (B) resolve the issue. If necessary,this final resolution process shall incorporate personal input by the complaining party 1029358.031LA 319061-00001/3-17-16/dbs/dbs -34- Docs 2411491.12 2016-11-15 Agenda Packet Page 308 and the appropriate responding official. The parties understand that some such disputes or conflicts may not be of an immediate nature relating only to one specific activity, but rather to an accumulation of conflicts or disputes or to a process or rule. In such event, the Second USOC Resolution Representative and the President of the CV City Council will use all best efforts to see that the issue is permanently and amicably resolved in the best interest of the athletes and the program(s) involved. (iv) IN THE EVENT THAT THE STEPS SET FORTH IN SECTION 29(iii) DOES NOT RESULT IN THE RESOLUTION OF SUCH DISPUTE, USOC AND CV AGREE THAT SUCH DISPUTE SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE ARBITRATION PROCEDURES SET FORTH ON EXHIBIT G ATTACHED HERETO. BY EXECUTING THIS AGREEMENT, USOC AND CV ARE AGREEING TO HAVE ANY SUCH DISPUTE ARISING OUT OF THIS AGREEMENT THAT HAS NOT BEEN RESOLVED PURSUANT TO THE FOREGOING PROVISIONS OF THIS SECTION 29(i) THROUGH Ciii ABOVE DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND USOC AND CV ARE GIVING UP ANY RIGHTS THEY MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY EXECUTING THIS AGREEMENT, USOC AND CV ARE GIVING UP THEIR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL WITH RESPECT TO DISPUTES ARISING IN CONNECTION WITH THIS AGREEMENT, EXCEPT TO THE EXTENT SUCH RIGHTS ARE SPECIFICALLY INCLUDED IN THE ARBITRATION OF DISPUTES PROVISION SET FORTH ON EXHIBIT G ATTACHED HERETO. IF EITHER USOC OR CV REFUSES TO SUBMIT TO ARBITRATION AFTER AGREEING TO SUCH PROVISIONS, SUCH PARTY MAY BE COMPELLED TO 1029358.03A A 319061-0000213.17-16/dbs/dbs -35- DOCS 2411491.12 2016-11-15 Agenda Packet Page 309 ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. EACH OF USOC'S AND CV'S AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. EACH OF USOC AND CV ACKNOWLEDGES AND AGREES THAT SUCH PARTY HAS READ AND UNDERSTANDS THE FOREGOING AND AGREES TO SUBMIT DISPUTES ARISING OUT OF THIS AGREEMENT TO NEUTRAL ARBITRATION. 32. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered(including by means of professional messenger service or reputable air express service utilizing receipts), and shall be deemed received upon the date of receipt thereof if received prior to 5:00 p.m. of the recipient's business day, and if not so received, shall be deemed received upon the following business day. To USOC: Chief of Paralympic Sport and NGB Organizational Development,United States Olympic Committee One Olympic Plaza Colorado Springs, CO 80909 With a copy to: General Counsel United States Olympic Committee One Olympic Plaza Colorado Springs, CO 80909 With a copy to: Allen Matkins Leek Gamble Mallory &Natsis LLP 515 S. Figueroa Street, 9ffi Floor Los Angeles, California 90071 Attn: David B. Stone To CV: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Attn: Deputy City Manager With a copy to: City Attorney 276 Fourth Avenue Chula Vista, CA 91910 1029358.03/LA 319061-00002/3-17-I61dbsldbs -36- DOCS 2411491.12 7016-11-1S Agenda Parket Pape 110 With a copy to: Thomas W. Turner, Jr., Esq. Procopio, Cory, Hargreaves& Savitch 525 B Street, Suite 2200 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner detailed in this Section 30. 33. Waivers. No waiver of any breach of any covenant or provision herein contained shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other covenant or provision herein contained. No extension of time for performance of any obligation or act shall be deemed an extension of the time for performance of any other obligation or act. 34. Professional Fees. In the event of the bringing of any action or suit by a party hereto against another party hereunder by reason of any breach of any of the covenants, agreements or provisions on the part of the other party arising out of this Agreement,then in that event the prevailing party shall be entitled to have and recover of and from the other party all costs and expenses of the action or suit and any appeals therefrom, and enforcement of any judgment in connection therewith,including actual attorneys' fees, accounting and engineering fees, and any other professional fees resulting therefrom. 35. Time of Essence. Time is declared to be of the essence of this Agreement. 36. Confidentiality. The parties agree that all materials and information exchanged in connection herewith,will be subject to the terms of the August 13, 2014 Confidentiality Agreement between the parties(the "Existing Confidentiality Agreement"), as if such terms were recited herein. 37. Authori Each party represents and warrants to the other that the execution, delivery and performance of this Agreement by such party has been duly authorized by the 1029358.031LA 319061-0000213-17-16ldbs/dbs -37- DOCS 2411491.12 2016-11-15 Agenda Packet Page 311 requisite action on the part of such party and no other authorization or consent is required therefor. jSIGNATURES APPEAR ON THE FOLLOWING PAGE] 1029358.03/LA 319061-00002/3-17-16/dbs/dbs -38- DOCS 2411491.12 2016-11-15 Agenda Packet Page 312 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. CITY OF CHULA VISTA, a chartered municipal corporation By: b f4X � Mary las Salas, Mayor Approved as to form: Glen R. G ogins, ity A ey Attest: Donna R.No ' , City Clerk UNITED STATES OLYMPIC COMMITTEE, a federally chartered non-prof corporation By: Name: SCOIr &&ACV-iVUJfJ Its: Ceo EXHIBIT A-1 Legal Description of Property THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF CHULA VISTA, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL Al: APN 643-040-25 PARCEL 2 OF PARCEL MAP NO. 21014, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 10, 2012 AS INSTRUMENT NO.2012-0773388 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED 112 INTEREST IN ALL OIL, GAS, AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND,AS RESERVED IN THAT CERTAIN DEED RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-0104492, OFFICIAL RECORDS. PARCEL A2: APN 643-040-26,27 AND 28 PARCELS 1,2 AND 3 OF PARCEL MAP NO. 21116, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY,MARCH 13, 2014 AS INSTRUMENT NO. 2014-099767 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED 1/2 INTEREST IN ALL OIL, GAS AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND,AS RESERVED BY WESTERN SALT COMPANY,BY DEED RECORDED FEBRUARY 16, 1994 AS INSTRUMENT NO. 94-0104492 OF OFFICIAL RECORDS. PARCEL B: (PORTION 643-040-02 AND PORTION 643-040-03) A LEASE FOR OLYMPIC TRAINING FACILITIES LOCATED IN THE LOWER OTAY LAKE AREA IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY TERMINUS OF THE CENTER LINE OF WUESTE ROAD DESIGNATED AS NORTH 46°33'30'EAST 200.32 FEET AS SHOWN ON PARCEL MAP 16318 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING THE BEGINNING OF A TANGENT 400.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE NORTHEASTERLY AND NORTHERLY ALONG THE CENTER LINE OF SAID WUESTE ROAD A DISTANCE OF 1029358.03/LA EXHIBIT A-1 319061-00007,13-17-161dbs/dbs '1- 2016-11-1f)WAA10AUR Page 314 31.4.55 FEET, THROUGH A CENTRAL ANGLE OF 45°03'24" TO THE TRUE POINT OF BEGINNING;THENCE LEAVING THE CENTER LINE OF SAID ROAD NORTH 84°19'16" EAST 113.55 FEET TO A TANGENT 75.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 153.01 FEET,THROUGH A CENTRAL ANGLE OF 116053'16'; THENCE SOUTH 21012'32" WEST 462.90 FEET;THENCE SOUTH 68°50'31" EAST 341.35 FEET; THENCE NORTH 53°01'11" EAST 207.80 FEET; THENCE NORTH 2902713" EAST 97.62 FEET; THENCE NORTH 49018'16" WEST 131.89 FEET;THENCE NORTH 35°11'51" WEST 137.06 FEET; THENCE NORTH 69022'16" WEST 131.39 FEET; THENCE NORTH 21°I2'32" EAST 182.34 FEET TO A TANGENT 105.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE WESTERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF 214.21 FEET, THROUGH A CENTRAL ANGLE OF 116053'16"; THENCE SOUTH 84019'16" WEST 22192 FEET TO APOINT ON A 400.00 FOOT RADIUS CURVE CONCAVE WESTERLY, A RADIAL LINE TO SAID POINT BEARS NORTH 77°08'25" EAST, SAID CURVE ALSO BEING THE CENTER LINE OF WUESTE ROAD AS PRELIMINARY REPORT SHOWN ON SAID PARCEL MAP; THENCE SOUTHERLY ALONG THE ARC OF SAID CENTER LINE A DISTANCE OF 100.26 FEET, THROUGH A CENTRAL ANGLE OF 14021'4I" TO THE TRUE POINT OF BEGINNING. 1029358.031LA EXHIBIT A-1 31906]-0000213-17-161dbrddbs -Z- DOCS 2411491.12 2016-11-15 Agenda Packet Page 315 EXHIBIT A-2 Site Plan kK4, +� a� w u• �, E t Co TS ��' 'h ,Yra@,M.x �^` •� a 1 i.hs ��Y •�� �' j�I •� ,• ,' V � •� ! YF a Fk'.h��,TF C �v Di �. T.f a' �,r ��.�. S E'1`a`�,, d. ,�„ ..,� .4,a.+� 'S} .s':,�f.�';_'�r�i, ��•'��65 xAG ` Y. �z. X r r IR AM. a �ySh.'g ,may��P �^� �'•"=a^. - ,�''�- 4a.iS•l F2 �".d" �' ;..., ° lyl�� '"-�a ft' jy'-} `"'-x d'k�vk... . �"=yW v�- y3 „ys> r• q qr 4 I � . i4t' 4 Z 1 a' 4 cr • YiT �SA t�� 0 0 a m e i f 1029358.03/LA EXHIBIT A-2 319061-0000213-17-16/dbs/dbs ^I- DOCS 2411491.12 2016-11-15 Agenda Packet Page 316 EXHIBIT 13 Description of Certain CVTC`Facilities Boathouse Lower Otay Lake access - London supercross track - Beijing supercross track - Development BMX track Supercross trails - BMX dirt park - Track and field complex: 400 meter track, eight long-jump pits, and two pole vault runways Throwing field: eleven hammer and discus cages, four shot put rings, and two javelin runways - Field hockey complex: turf field hockey pitch and video tower - Beach volleyball courts: includes six beach volleyball courts and nets - Tennis complex: two tennis courts and hitting wall - Cycling criterium: .9 mile cycling asphalt loop - AT&T Athlete Connections Center: athlete lounge area, includes televisions, gaming devices, furniture, and all other items including in facility -- Field#2, Field#3, Field#4: natural grass multi-purpose fields Future multi-purpose field: natural grass multi-purpose field South field: natural grass multi-purpose field - Athlete check-in building Dining hall Visitor Center Weight Room Track and Field Office 1029358.0311A EXHIBIT B 3n1p9061-000i0i213-i17-161dbs/dbs '1' 2016-11-15 Agenda Packet Page 317 EXHMIT C The parties intend that the primary purpose for the CVTC is USOC-sanctioned athletic training and competitive programs intended to-develop, train, and qualify United States athletes for participation in Olympic, Paralympic, Pan American Games, and Parapan American Games, whether such training and competitive programs are conducted under the auspices of the USOC, its recognized NGBs, PSOs, or other partners (collectively the "USOC Training and Competition Needs'). With that intention in mind, the parties agree that the following characteristics compose the minimum Elite Athlete Standards: 1. Minimum Operating Hours. CV will always provide USOC and its programs the first right of access and use of the CVTC for USOC Training and Competition Needs that are reserved in accordance with this Agreement. Subject to the terms and conditions of Exhibits E and F, CVTC must be available when requested by and reserved for USOC athletes and programs training at the CVTC, including through the process described in Exhibit F attached to the Agreement. At a minimum, for USOC athletes and programs, access.to training areas and facilities must be available every day from 6:00 am to 10:00 pm local time, and access to the dining hall must be available from 7:00 am to 8:30 pm local time. 2. Capital Improvements. Except as set forth in Section 3.A of the Agreement, CV will be responsible for capital improvements, if any, made to the Property and the facilities, including as necessary to ensure that the Property and facilities are at all tunes configured to effectively serve USOC training and competition Needs. CV will consider in good faith any USOC training and competition needs-related improvements suggested by the USOC or a related party that would enhance the capacity of the CVTC to provide the highest quality facilities and services to elite Olympic and Paralympic athletes, but is not compelled to make them. CV will make best efforts to keep the USOC apprised of all planned or intended improvements in order to give all parties an opportunity to review them. 3. Food Service. CV agrees to operate the CVTC dining hall and food service in a manner that is at least equivalent to the USOC practices, policies and procedures in place at the time of execution of this Agreement,including the following: 3.1. Compliance with all applicable federal, state, and local food, allergen, and health safety codes. 3.2. Monthly meetings with USOC sport dietitians to approve and discuss menus and nutrition information. 3.3. Compliance with the USOC Performance-Based Menu and Guidelines, as they may be amended over time("Guidelines"). A copy of the existing Guidelines is attached to the Agreement as Exhibit D. 3.4. Food labeling system, which includes nutrient analysis and nutritional facts for all menu items,and labeling for key food allergens (dairy, gluten, nuts, and eggs). 3.5. Nutrition education exhibits in the dining hall (e.g., table tents and other visuals), and nutrition education for the dining hall staff. 1029358.03/LA EXH1Bl.T C 319061-00DOW-17-16/dbs/dbs -1- (11 f,-11.1ROA S relaIParznt PAPP 11 R 3.6. Systematic menu planning that includes a 4-6 week cycle menu that varies seasonally and allows for daily and weekly variety. This should be built upon the Guidelines. 3.7. Systematic review of the dining hall provisions, which includes resident athlete satisfaction surveys, user satisfaction surveys, and an annual review by the USOC sport dietitians of the food services provided based on the Guidelines. CV will also consider in good faith all USOC recommendations for retention of key food services staff that best understand the athletes and CVTC food needs. 4. Condition of Facilities and Property- Throughout the Term of the Agreement, CV agrees to maintain the Property and Facilities in the physical condition that the Property and Facilities were in as of the Effective Date, reasonable wear and tear excepted, in accordance with high industry standards. Such standards shall include compliance with: (i)all applicable federal, state and local laws and regulations; (ii) all standards and regulations set by the International Sport Federations (IFs) that are recognized by the International Olympic Committee (IOC) for sport venues including, but not limited to, the soccer and rugby fields, athletic track, athletic throwing fields, beach volleyball courts, archery ranges, BMX cycling tracks, field hockey pitches, and tennis courts; (iii) all applicable codes including the International Fire Code (IFC) and International Building Codes (IBC) for fire-life-safety policies and procedures; (iv) all applicable laws and codes set by the federal, state, city, and local governments that relate to food safety, ADA compliance, health,general safety,building, machinery, equipment, mechanical and other structural and facility matters; and (v)USOC standards and practices modeled after the APPA: Leadership in Educational Facilities (APPA) and the International Facilities Management Association (IFMA) standards. The USOC Facilities Management Division may review, in person, the condition of the Property and Facilities one (1) or two (2) times per calendar year during the Term. If any areas or practices within the Property or Facilities are found not to meet the standards in this Section 4. those areas or practices must be promptly addressed by CV and corrected at CV's expense. USOC represents and warrants to CV that, as of the Effective Date, the CVTC complies with all standards set forth in this Section 4. 5. Security. CV shall provide security at the CVTC on terms substantially equivalent to or greater than the level of service and performance set out in the existing USOC- Securitas contract in place as of the Effective Date. In addition, CV shall employ at least one full-time security manager to oversee the CVTC Security program, security equipment, and security vendor staff on-site. USOC represents that the current security system includes the following: 5.1. Security Stations. At least three(3) CVTC security posts filled on a 24/7/365 basis. The positions may be filled through the security vendor contract. The three (3) security posts include: (a) ECP (Entry Control Point) — Stationed at the ECP (building G in Exhibit A , responsible for monitoring traffic, cameras, and alarm monitor; (b) Mobile Patrol — Responsible for routinely roaming the property and facilities, first responder to incidents, and lockouts; and 1029353.03/LA EXHIBIT C 319061-0000��dd2l3-17-16ldbsMbs -2- 2016-11-1531pgg9IhJF2JIll Page 319 (c) Visitor Center Kiosk — Stationed at the Visitor Center entrance (identified as `Building B" on the site plan attached to the Agreement as Exhibit A-2), responsible for monitoring the public access point and the building and parking lot security. 5.2. Security Equipment. CV agrees to maintain and monitor the activities procured through the following equipment: (a) Compatible access control system providing access control, system control and monitors who enters and exits an area; the system observes and annunciates any unauthorized use. The system provides enhanced access control so that system users can be easily identified, entry is allowed only at given times and a record of system activity is kept in an historical journal; (b) Surveillance Cameras - 23 dome and fixed cameras throughout the site are monitored and controlled from ECP and Command center; and (c) D6600 system Fire and Water flow alarms. The USOC Security Division may review, in person, the security of the Property one (1) or two (2) times per calendar year during the Term. If any practices are found not to meet the minimum standards set out in this Section 5, those practices must be promptly addressed by CV and corrected at CV's expense. 6. Information Technolofy. CV shall maintain, with at least the level of performance and availability in place as of the Effective Date, information technology infrastructure and systems throughout the Facilities,including without limitation: 6.1. Internet, Wi-Fi connection, phone services and TV services in the athlete dorms identified as `Buildings 100, 200, 300, and 400" on the site plan attached to the Agreement as Exhibit A-2; 6.2. Dedicated and secure internet network connection at the sports medicine clinic for the transmission of medical files and other confidential files that fall under HIPAA regulations; and 6.3. Internet capabilities for the USOC staff that will office and work in the Sport Performance Facilities and the other Facilities at CVTC. 6.4. USOC shall reimburse CV for the reasonable, competitively priced costs actually incurred and paid for by CV in connection with the performance and provision of the services described in Sections 6.2 and 6.3 above. All services must be performed and provided at a cost that is reasonable and competitively priced, and a condition to USOC's obligation to so reimburse CV for any costs under this Section 6.4 shall be USOC's receipt of invoices, paid receipts or such other evidence of such costs as USOC may reasonably require demonstrating the cost of such services as a prorated portion of a larger contract. The costs for which USOC is required to reimburse CV under this Section 6.4 shall be credited against, and deducted from,the Minimum Usage Commitment, and USOC shall have no obligation to make any out-of-pocket 1029358.03/1A EXHIBIT C 319061-0000213-17-16/dbsldbs -3- 2016-11-MC90141WWA Page 320 reimbursements to CV under this Section 6A unless and until the Minimum Usage Commitment for the year in question is exhausted. 1029358.031LA EXHIBIT C 319061-0000213-17-161dbsldbs 4- DOCS 2411491 12 2016-11-15 Agenda PacVet Page 321 EXHIBIT D USOC PERFORMANCE BASED MENU AND GUIDELINES The following are the menu requirements and nutrient guidelines for performance-based menus, and the USOC represents and warrants to CV that as of the Effective Date of this Agreement, these requirements and guidelines are currently complied with at the CVTC. Menu Requirements CV agrees to use its best effort to ensure that the items listed below"Breakfast" and "Lunch/Dinner"are available and offered to USOC requested programs and users daily from 7:00 am to SAO pm: BREAKFAST Hot breakfast items should be available daily from 7:00 am to 10:3 0 am. • Breads&Condiments • Sliced, white option • Sliced, whole-grain/whole-meal option(>2 grams of fiber per slice). • English muffin options • Bagel options • Specialty tea breads and muffins • Gluten-free/friendly (upon request) • Eggs/Omelets • Whole,whites,egg substitute (whole, scrambled, hard-boiled, omelet) • Cheese(regular, low fat) • Meat option(<30%total fat, < 10%saturated fat) • Vegetables (peppers,tomato,onions, mushrooms, spinach) • Dry cereals • 4-6 options • high-fiber options (>4g fiber per serving) • gluten-free/friendly • granola/muesli • low-fiber option (<1 g fiber per serving) • Hot cereals • Oatmeal, grits, gluten-free and/or cream of wheat • Fruit fresh, and ideally seasonal • Berries,grapes,kiwi, and/or melon • Grab and Go whole fruits i.e, apples, bananas,oranges and seasonal items • Condiments • brown sugar, cinnamon, honey,dried fruit,nuts, maple syrup • butter,margarine, low-fat cream cheese,peanut butter, 1.00%frltit jam • Milk • Skim or/and 1%milk • 2% or/and whole milk • 1-2%chocolate mills 1029358.03/IA EXHIBIT D R 3I9061-0000213-17.16/dW&S -I- 2016-11-11R%§iMI WhA Paee 322 • Soy milk • Almond milk or/and rice milk(upon request) • Yogurts (<5g of fat per serve) • Plain or vanilla • Fruit option • Parfait(fruit,muesli and yogurt) LUNCH &DINNER Hot lunch options should be available from 11:00 am to 2:00 pm. Hot dinner options should be available from 5:30 pm to 8:00 pm. • Salad Bar: o A variety of leafy greens such as lettuce, kale and spinach o Specialty salads o Fresh, seasonal and colorful vegetables (i.e. red, green, yellow) o Fresh, seasonal fruits o Dried fruit(raisins,cranberries, apricots) o Salad dressing options - 2 regular, full fat options - 1 lower fat option(<30% total fat, < 10% saturated fat) - 1 fat-free option - Olive oil, variety of vinegars, lemon juice, soy sauce o Nut and/or seed varieties (sunflower seeds, almonds,walnuts, crushed flax seeds, etc.) • Soup: o 1-2 soup options: 1 heartier and 1 low sodium(less than 250 milligrams of sodium per serving)provided 3 times per week. • Sandwich Bar o A variety of sliced bread(1 whole grain, 1 white choice) o Sliced lean meat options R "lean options" (< 10g total fat,<4.5 g saturated fat,<95 mg cholesterol per 1008 serving) 0 2 or more sliced cheese options 0 1 protein-salad options(egg salad,tuna salad, crab salad, chicken salad, 0 1 vegetarian protein option(hurnmus, I%cottage cheese, nut butters, tofu) o Condiments (mayonnaise, mustard,ketchup,jam, honey, guacamole) o Sliced vegetables(tomato,red onions,cucumbers, sun-dried tomatoes,pickles, lettuce) • Recovery Bar(30+gram of carbohydrates,20-25g protein and<5-8g fat per serve) o Fruit/vegetable smoothie o Chocolate soy milk or non-dairy smoothie option 0 1-2 dried or fresh anti-oxidant fruit options(fresh/dried berries, citrus fruit) o Homemade recovery bars, muffins, breads o Potential sponsored recovery bar(upon request) o Yogurt parfait o Trail mix I029358.0311.A EXHIBIT D 319061-0000 /3-17-116Jdbs/dbs -2- 2016-11-1q%uA1t RwA Page 323 • Hot Line 0 3 protein options (<30% fat, < 10%saturated fat, grilled, seared and baked) o 1 red-meat option(beef or game meat) o 1 white-meat and/or fish option o 1 meatless option (vegetarian) o Carbohydrate options (half provided as whole grains) o Pasta option (gluten-friendly available upon request) o Gluten-friendly option o Other o Vegetable options(colorful) o 1 red, orange, yellow and green option • Grill Station(to order) o Burgers--beef, turkey, vegetables, gluten free o Chicken breast o Roasted vegetables o French fries and sweet potato (baked) o Grilled sandwiches o Specialty Dinner Item • Action/Fusion Station(Lunch) o Specialty,international food station • Dessert o 1 full-fat desert option o 1 seasonal mixed fruit option available seasonally o 1 low-fat frozen option(ice cream, yogurt, or sorbet)with topping choices o Yogurt o Variety of cookies,muffins, bars,puddings,Jell-O or pies. • Beverages o Water o Skim milk and/or 1%milk o 2%and/or whole milk o 1-2%chocolate milk o Flavored lactose alternative milk(chocolate or vanilla) o Sports Beverage (7-5%carbohydrate and electrolyte) o 100%fruit juices/mixtures o Coffee(no other ingredients added) o Tea o Carbonated beverages (2 regular/2 diet sponsor product) Nutrient Guidelines • Ensure foods provided are in nutrient-dense forms. Nutrient-dense foods provide vitamins,minerals,and other nutrients that have positive health effects with relatively few calories. Nutrient-dense foods retain naturally occurring components such as fiber and minimize or exclude added salt, sugars, solid fats and refined grains. • Include low fat items in the menu by providing foods naturally low in fat and using oils and solid fats in reduced amounts during food preparation. ]029358.03/LA EXHIBIT D 319061-0000213-17-16/dbsldbs -3- DOCS 2411491.12 2016-11-15 Agenda Packet Page 324 Athletes aged 19 years and older should consume 20-30% of their daily diet in fats. Certain weight class and aesthetic sports require a diet containing 30-50g of fat per day. This can be provided via fat-free or low fat(1%, 2%,part skim)dairy products,salad dressings,sauces and Iean meats(<30%fat, <10% saturated fats). • Increase monounsaturated and polyunsaturated fats and decrease saturated fats to 10% of calories and trans fats to as low as possible. Fats are categorized as being saturated,monounsaturated or polyunsaturated. Trans- fats are unsaturated fats that are naturally found in some foods but are generally formed during food processing;they are not essential to the diet. Most fats with a high percentage of saturated or trans-fats are solid at room temperature. Unsaturated fats are usually liquid at room temperature. Oils that are rich in monounsaturated fats include canola, olive, and safflower oils. Polyunsaturated fats include soy bean,corn and grape seed. • Provide a menu that caters for sodium intake less than 2,3 00mg per day by purchasing low-sodium products,preparing meals low in sodium and utilizing fresh foods. Sodium is found in a wide variety of foods. Most sodium comes from salt added during food processing to help retain moisture, enhance flavor,cure meats and mask off-flavors. Athletes who are heavy sodium sweaters, are un-acclimatized to high temperatures or are extremely physically active in the heat can obtain their higher requirements of so dium through adding salt to their meals. • Provide at least half of all grains as whole grains. Whole grains provide a source of nutrients such as iron, magnesium,B-vitamins and dietary fiber. The refining of whole grains involves a process that results in the loss of these vitamins, minerals,and fiber. They can also be high in solid fats and added sugars. Enriched refined grain products can however have a positive effect on providing additional vitamin and minerals such as calcium and vitamin D. • Provide a variety of colorful,fresh and seasonal vegetables and fruits. Adults should consume at least 5 serves of vegetables (I serve= I cup raw, '/2 cup cooked) and 2 fruits (I serve= I cup, 1 medium size or 2 small fruits). These food items are rich in folate, vitamin A, C and K,potassium,magnesium and fiber. • Provide a balanced variety ofprotein foods that are lower in saturated fats. Protein foods include seafood(fish and sheIlfish),meat,poultry, eggs, legumes,soy products, nuts and seeds. The fats in meat,poultry and eggs are considered solid fats while the fats in seafood,nuts and seeds are considered oils. Seafood contributes a range of nutrients,notably the omega-3 fatty acids,eicosapentaenoic acid(EPA) and docosahexaenoic acid(DHA). Eight ounces of a variety of fish sources is recommended per week per person. Where possible serve wild fish; and raw or roasted but salt-free nuts and seeds. Reduce meat and poultry raised with rBGH and antibiotics and where possible provide free-range, local, and organic products; and provide a variety of legumes (beans, lentils and peas),with organic soy products. • Additional athlete requirements include iron rich foods, calcium products rich in probiotics,food sources rich in Vitamin D and sports products to aid performance. The provision of iron rich products (heme iron), a variety of calcium rich foods including those naturally rich in probiotics; natural sources or fortified products with vitamin D and sport products that delay on the onset of fatigue during training such as sport drink and aid the recovery process such as low fat chocolate milk, smoothies and a recovery bar are all required to help optimize the athletes performance. 1029353.03/I.A EXHIBIT D 319061-0000213-1746dbsldbs -4- DOCS 2�l I N.let 2016-11-15 Agen a 4 2 Page 325 • Cater for Athletes with Food Allergies and Intolerances. Ensure each main meal includes food items that are gluten friendly; ensure all food labels have the 4-8 main types of allergies identified; and ensure lactose alternative milk products are available all day for athletes. 1029358.03rIn EXHIBIT D 31906I-000025-17-16Mbsldbs i�a111'�fcW 2016-11-1PR Page 326 EXHIBIT E OPERATIONS PLAN The following Operations Plan applies to the 60 bed reservations and any additional USOC usage of the Facilities and beds above the 60 bed reservations referenced in Exhibit F. l.. Definition of Full Access a. A user that has full access is equivalent to an On-Complex User referenced in Exhibit F. b. The 60 beds identified in Exhibit F under Annual Guaranteed User Days shall be considered full access users. c. Any additional USOC On-Complex User reservations that are included in the Minimum Usage Commitment or are above the Minimum Usage Commitment will receive full access. 2. Access to Weight Room a. USOC will include access to the Weight Room in the reservation requests. b. Weight Room access will be granted based on the User Types in the reservation and the Rates set forth in Exhibit F. 3. Access to Track and Field Office a. Priority access to Track and Field Office access will be determined by the USOC and provided to designated National Governing Bodies (NGBs) and their constituents. b. The USOC will provide to CV a list of the USOC designated NGBs on an annual basis, and the USOC will notify CV if the list changes at any time throughout the year or the term of the Agreement. c. Non-USOC designated individuals may access the Track and Field Office,provided that it is not reserved or fully occupied by the USOC designated NGBs. 4. Access to High Altitude Dorm Rooms a. If the high altitude dorm rooms are not reserved by the USOC,CV may reallocate these rooms to third party users. As stated under Section 3B of the Agreement, CV will be responsible, at its sole cost and expense, for any damage caused as a result of any such third party usage of the High Altitude Dorm Rooms (and/or any of the altitude settings and controls). 5. Elite. The USOC will determine which Individuals are elite athletes for its purposes.An elite athlete is one that the USOC is willing to fund through its Minimum Usage Commitment or fund above the Minimum Usage Commitment. The elite athletes identified by the USOC will align with the USOC High Performance Planning/Resource Allocation Process. 6. Reservation Process.As to all Facilities, CV will provide the USOC with first priority in reserving the Facilities hereunder for its Minimum Usage Commitment. With respect to all usage above the Minimum Usage Commitment, USOC and CV shall have concurrent rights to booking. l029358.031LA EXHIBIT E 319061-M02J3-17-16Jdbs/dbs -1- DOCS 241149 .12 2016-11-15 Agenda Pac et Page 327 a. The rates for all USOC usage, whether included in the Minimum Usage Commitment or above and beyond the Minimum Usage Commitment will be consistent with the User Types and Rates set forth under Exhibit F. b. Requests for all USOC usage during the first and second quarter of 2017 shall be submitted by USOC to CV by July 1, 2016, and by September 16, 2016 for usage during the third and fourth quarters of 2017. Following 2016,requests for all USOC usage during the first and second quarter of each year shall be submitted by USOC to CV by June 1 of the immediately preceding year, and by August 1 for usage during the third and fourth quarters of each year. USOC will designate which resources are allocated to which programs when requests are submitted. The reservations will include the start and end dates of the program,program name, total number of Individuals, Individual user types,number of meals,venues, weight room needs,meeting rooms and other resources requested. For bookings applicable to time periods after 2017,the parties will meet and confer to determine appropriate earlier submission dates for usage by USOC. c. CV will confirm all USOC reservations with the designated USOC within thirty(30) days after the date of the request therefore. By confirming the reservation,the USOC agrees to fund the reservation, and CV guarantees that the program will have the necessary facilities reserved for the specified number of users and on the specified dates. d. CV is responsible for tracking the USOC's actual program usage against the Minimum Usage Commitment. CV will provide to USOC a monthly report of actual usage based on the month and year-to-date programing. e. Prior to confirming the reservation CV will notify USOC of any reservation or usage that will be above and beyond the Minimum Usage Commitment. CV will invoice the USOC for such programs that go above the Minimum Usage Commitment following the conclusion of the program.Each invoice shall include the number of users,type of user, number of days for each user,facilities used, number of meals,and any other relevant documentation to support the invoiced amount. USOC shall make payment within thirty (30)days after the date of such invoice. 7. Program Changes and Cancellations.As to each Facilities reservation hereunder,USOC may cancel the reservation and/or change the number of Individuals in the reservation or the duration of the reservation at any time up to 30 days prior to the first day of the subject reservation. If a reservation is cancelled at least 90 days prior to the scheduled start date, the value of the reserved inventory will be fully credited back to the USOC for use during the same year. If a reservation is cancelled between 30 and 90 days prior to the scheduled start date, one-half of the value of the reserved inventory will be credited back to the USOC for use during the same year. If a reservation is cancelled less than 30 days prior to the scheduled start date,the USOC shall receive no credit therefor. Credits obtained by the USOC pursuant to such cancellations,to the extent not used during the same calendar year, shall no longer apply. S. Reallocation by CV of Unused Facilities. Subject to the provisions of Section 6 of this Operations Plan,After the USOC's usage and reservation needs have been fulfilled in accordance with the above requirements, CV has the right to book the unused Facilities to third party users. 1029358.03/LA EXHIBIT E 319061-000025-17-16ldbsldbs -2- 2016-11-1Ngend4a Packet Page 328 EXHIBIT F MINIMUM USAGE COMMITMENT—RATES AND NATURE OF INVENTORY 1. , General. USOC's Minimum Annual Payment will include CVTC programming for the USOC Training and Competition Needs. Programming includes,but is not limited to,resident and short-term programs, camps, events,facility-use programs, coaching programs, dining hall access, and training specials. For USOC-requested users and programs, CV agrees that the Property and Facilities,including without limitation the sport and training venues, will be made available and accessible at the rates mentioned below•and at appropriate times, including at least the availability normally accorded them by USOC at the time of execution of this Agreement. Any sharing of USOC-reserved Facilities (e.g., soccer fields, athletic track, throwing fields, etc.) with a non-USOC program or user must be agreed upon by the USOC before being permitted by CV. 2. User Types_and Rates. The rates and user types below will apply to all USOC- requested CVTC programming, and shall include the Annual Guaranteed User Days, as-defined and set forth in Section 3 below. For the purposes of this Exhibit F, an"Individual"is an athlete, coach, or other program participant, and a"Day"is a twenty-four hour unit of time that begins and ends at 12:00 am. A. On-Complex User- $90 per Day per Individual a. This includes housing(bed,restroom and shared living space) in the CVTC dorms, unlimited access and meals in the dining room,access to designated training facilities/venues, and access to the Weight Room facilities. Dorm rooms can only be shared by athletes of the same gender,excluding coaches. Coaches and athletes may not be placed in the same room. B. Off-Complex with Meals User-$45 per Day per Individual a. This includes unlimited access and meals in the dining room, access to training facilities/venues, and access to the Weight Room facilities. C. Facility Use Only User- $15 per Day per Individual a. Includes access to a specified training facility or venue and access to Weight Room facilities. D. Meals- $10 per meal per Individual a. This includes any meal not included in 2A or 2B above. To the extent that actual costs to CV materially exceed the rates set forth herein,the parties agree to meet and confer to address the possibility of an equitable adjustment of such rates. With respect to all usage above the Minimum Usage Commitment, USOC and CV shall have concurrent rights to booking. 3. Annual Guaranteed User Daus. CV will provide at least the following inventory to the USOC in exchange for all or a portion of the Minimum Annual Payment(collectively,the "Annual Guaranteed User Days_'): A. 60 beds for 365 Days, i.e.,the equivalent of 21,900 On-Complex User Days. 1029358.031LA EXHIBIT F 3311n40cc'61-00001�13-17-16/dbs/dbs -1- 2016-11-TS1CIMIqRefit Page 329 B. The remainder of the Minimum Annual Payment may consist of a variation of the Individual user Days and types at the rates described above, as notified to CV by the USOC in its discretion;provided,however, that CV shall have priority access to book the remaining On-Complex User Days above 60,provided that to the extent CV does not exercise such priority, said On-Complex User Days will be available to the USOC at the $90 per Day rate until the Minimum Annual Payment has been fulfilled. After the Minimum Annual Payment has been fulfilled by USOC through CVTC programming,the rates for said On-Complex User Days will be available to USOC at a preferred rate to be negotiated by the parties. 4. Snort Performance Services. Services provided by USOC using the Sport Performance Facilities, including but not limited to medical coverage, clinic access, and access to sports psychologists, dietitians, and physiologists, will be for USOC Training and Competition Needs programs only. Access to these services and the Sport Performance Facilities will be only for USOC Training and Competition Needs programs. USOC may grant exceptions to this restriction via written notice,at its sole discretion pursuant to Section 3A of the Agreement. 1029358.031LA EXHIBIT F 319061-0000213-17-16145/fts -2- DOCS 241149 1.12 2016-11-15 Agenda Packet Page 330 EXHIBIT G ARBITRATION OF DISPUTES ANY DISPUTE OR CONTROVERSY THAT RELATES TO THE AGREEMENT (REFERRED TO IN THIS EXHIBIT G AS THE"AGREEMENT") THAT HAS NOT BEEN OTHERWISE RESOLVED PURSUANT TO SECTIONS 29(i) THROUGH(iv) OF THE AGREEMENT SHALL BE SUBMITTED TO AND SETTLED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION OR ITS SUCCESSOR(THE "SERVICE'S IN ACCORDANCE WITH THE USUAL RULES, REGULATIONS AND PROCEDURES OF THE SERVICE APPLICABLE TO ANY COMMERCIAL DISPUTE OR CONTROVERSY, SUBJECT TO THE FOLLOWING PROVISIONS: (A) THE PARTY SEEKING ARBITRATION SHALL DELIVER A WRITTEN NOTICE OF DEMAND TO RESOLVE DISPUTE(THE "DEMAND") TO THE OTHER PARTY TO SUCH DISPUTE AND TO THE SERVICE. THE DEMAND SHALL INCLUDE A BRIEF STATEMENT OF THE CONTROVERSY OR DISPUTE AND THE NAME OF THE SINGLE PROPOSED RETIRED JUDGE OR ATTORNEY FROM THE SERVICE TO DECIDE THE DISPUTE("ARBITRATOR'S. WITHIN TEN(10) DAYS AFTER THE EFFECTIVE DATE OF THE DEMAND, THE OTHER PARTY AGAINST WHOM A DEMAND IS MADE SHALL DELIVER A WRITTEN RESPONSE TO THE DEMANDING PARTY AND THE SERVICE. SUCH RESPONSE SHALL INCLUDE A BRIEF STATEMENT OF THE CONTROVERSY OR DISPUTE,AND SHALL ALSO STATE WHETHER SUCH PARTY AGREES TO THE ARBITRATOR CHOSEN BY THE DEMANDING PARTY. IN THE EVENT THE PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN THE SERVICE SHALL SELECT AND NAME A SINGLE ARBITRATOR TO CONDUCT THE HEARING. (B) THE LOCALE OF THE ARBITRATION SHALL BE IN SAN DIEGO COUNTY, CALIFORNIA, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING. (C) IN THE EVENT THE SERVICE IS NO LONGER IN BUSINESS AND THERE IS NO COMPARABLE SUCCESSOR, THEN THE PARTIES SHALL AGREE UPON ANOTHER ARBITRATOR. IF THE PARTIES CANNOT AGREE UPON ANOTHER ARBITRATOR,THEN A SINGLE NEUTRAL ARBITRATOR SHALL BE APPOINTED PURSUANT TO SECTION 1281.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. (D) THERE SHALL BE NO RIGHT TO DISCOVERY EXCEPT BY STIPULATION OF THE PARTIES OR PURSUANT TO THE DISCRETION OF THE SERVICE BUT IN NO EVENT SHALL SUCH DISCOVERY EXCEED ONE EXCHANGE OF DOCUMENT REQUESTS AND TWO DEPOSITIONS. (E) THE ARBITRATOR'S POWERS SHALL BE LIMITED AS FOLLOWS: (i) THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA,NOT INCLUDING RULES OF EVIDENCE, AND THE ARBITRATOR'S DECISION SHALL BE SUBJECT TO REVIEW THEREON AS WOULD THE DECISION OF 1029358.03/LA EXHIBIT G 319061-0000213-17-16/d6s/dhs -- DOCS 2411491.12 2016-11-15 Agenda Packet Page 331 TEE SUPERIOR COURT OF THE STATE OF CALIFORNIA SITTING WITHOUT A JURY, (ii)THE ARBITRATOR SHALL NOT CONSIDER ANYTHING OUTSIDE THE RECORD UNLESS NOTICE IS GIVEN TO ALL PARTIES WITH THE OPPORTUNITY TO RESPOND TO SUCH MATTERS, (iii)THE ARBITRATOR SHALL HAVE NO POWER TO MODIFY ANY OF THE PROVISIONS OF THE AGREEMENT AND THE ARBITRATOR'S JURISDICTION IS LIMITED ACCORDINGLY, (iv)THE ARBITRATOR SHALL PREPARE AND SERVE A WRITTEN DECISION WHICH DETERMINES THE DISPUTE, CONTROVERSY, OR CLAIM AND WHICH DESIGNATES THE PARTY AGAINST WHOSE POSITION THE DECISION IS RENDERED, AND(v)JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. (F) THE COSTS OF THE RESOLUTION SHALL BE DIVIDED EQUALLY BETWEEN ALL OF THE PARTIES TO SUCH ARBITRATION PROCEEDING, PROVIDED, HOWEVER, THAT SUCH COSTS, ALONG WITH ALL OTHER COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND/OR EXPERT WITNESS FEES, SHALL BE SUBJECT TO AWARD, IN FULL OR IN PART, BY THE ARBITRATOR, IN THE ARBITRATOR'S DISCRETION,TO THE PREVAILING PARTY. UNLESS THE ARBITRATOR SO AWARDS ATTORNEYS' FEES, EACH PARTY SHALL BE RESPONSIBLE FOR SUCH PARTY'S OWN ATTORNEYS' FEES. (G) TO THE EXTENT POSSIBLE,THE ARBITRATION HEARING SHALL BE CONDUCTED ON CONSECUTIVE DAYS,EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS,UNTIL THE COMPLETION OF THE PROCEEDING. (H) IN CONNECTION WITH ANY ARBITRATION PROCEEDINGS COMMENCED HEREUNDER,THE ARBITRATOR AND/OR ANY PARTY SHALL HAVE THE RIGHT TO JOIN ANY THIRD PARTIES IN SUCH PROCEEDINGS IN ORDER TO RESOLVE ANY OTHER DISPUTES,THE FACTS OF WHICH ARE RELATED TO THE MATTERS SUBMITTED FOR ARBITRATION HEREUNDER. INITIALS OF USOC INITIALS OF CV 1029358.031LA EXHIBIT G 319061-0000213-17-16ldbsldbs -2- 2016-11-P99 e?WT&Rt Page 332 EXHIBIT H Training Site Designation Ny mfg ] p, H L LJ TRAlNfllNe—% S 9 Gm Umsm OLYNAAFMC TRAa N NG &FE EXHIBIT H Training Site 1029159,0311A Designation 119061-OOW2/3-t7-16/dbs/dbs 2016-11-P§Kj't4W4Qk& Page 333 RAk MRIC U.S.FIAPULYMPICS TRA g-W -101 ,A (73, S T E U.S.PAnALYMPICS C� U.9.PAiiALYMpiC9 TRANING SITE U.S. GUYTkARC XhIM PAPRAOFRAWMC' TRAINING $ ITE FOCH113IT H Training Site Designation 1029358.03/LA -2- 319061-0000213-17-16/dbs/dbs 2 0 16-11-1 TAYMMIRAQU12 Pare 334 U.S.pARALVMPIC3 U.S. 0 I�ay.:l tl 47 H P rl 0 AND PABRA _YMPO TRAINING SITE USOG to provide composite Training Site Designation and name of facility. EXHIBIT H Training Site 1029358.03aA Designation 3190611-00�00A 0021347-1616SMbs -3- 2016-11-1RnnAg§;Mk'e� Page 335 EXEMIT I Minimum Standards for Athlete Safety at U.S. Olympic and Paralympic Training Sites The United States Olympic Committee requires that the Local Operator for each U.S. Olympic and Paralympic Training Site adopt an athlete safety program that includes, at a minimum, the following components: x. Prohibited Conduct A policy which prohibits and defines the following misconduct: ✓ Baying ✓ Hazing ✓ Harassment (including sexual harassment) ✓ Emotional Misconduct ✓ Physical Misconduct ✓ Sexual Misconduct(including child sexual abuse) The policy shall apply to (1) Training Site employees; and(2) individuals the Trailing Site formally authorizes,approves or appoints (a)to a position of authority over, or(b)to have frequent contact with,athletes. Comment(s): (a) Prohibited misconduct shall include, without limitation: Romantic or sexual relationships, which began during the sport relationship, between athletes or other participants and those individuals (i)with direct supervisory or evaluative control, or(ii)are in a position of power and trust over the athlete or other participant.Except in circumstances where no imbalance of power exists, coaches have this direct supervisory or evaluative control and are in a position of power and trust over those athletes or participants they coach. The prohibition on romantic or sexual relationships does not include those relationships where it can be demonstrated that there.is no imbalance of power. For example,this prohibition does not apply to a pre-existing relationship between two spouses or life partners. For factors that may be relevant to determining whether an imbalance of power exists, consult the USOC's Athlete Protection Policy. (b) Local Operators are not required to prohibit misconduct as specifically categorized above. For example, a Local Operator may prohibit sexual harassment as"harassment," "sexual harassment,"or under some other category or definition. We recommend that Local Operators define each particular type of misconduct in their athlete safety policies,however, Local Operators are free to use the definitions set forth in the USOC's i029358.031LA EXHIBIT I 319061-0000213-17-16/dbs/dbs 4- DOCS 2411491.12 2016-11-15 Agenda Packet Page 336 Athlete Protection Policy,found in the USOC's SafeSport Policies at http://www.teamusa.org/About-the-US OC/Organization/Legal/Governance-D ocuments.aspx. 2. Criminal Background Checks Each Training Site shall require criminal background checks for those individuals it formally authorizes, approves or appoints (a)to a position of authority over, or (b)to have frequent contact with,athletes. For purposes of clarification,a Training Site is considered to formally authorize, approve or appoint an individual in instances where the Training Site has control over the appointment process. 3. Education& Training Beginning January 1, 2015 each Training Site shall require education and training concerning the key elements of their safety program for those individuals it formally authorizes, approves or appoints (a)to a position of authority over,or (b) to have frequent contact with, athletes. Before January 1, 2015 each Training Site shall offer and encourage the same. 4. Reporting Each Training Site shall establish a procedure for reporting misconduct. 5. Enforcement a. Each Training Site shall have a grievance process, which is materially free of bias and conflicts of interest, to address allegations of misconduct following the report or complaint of misconduct which has not been adjudicated under a criminal background check. b. In cases where the Ted Stevens Act applies, each Training Site shall comply with the Act's requirements. c. The grievance process,whether by policy or operation of law,shall include the opportunity for review by a disinterested individual or body. 6. Other a. These minimum standards may be amended from time to time by the USOC. b. In implementing an athlete safety program, Training Sites shall be guided by the principle that supporting the health and safety of its athletes is a key element of its managerial capabilities. c. Failure to meet the minimum standards as set forth in this policy may result in disciplinary action by the US OC including,without limitation,the termination of the Training Site Designation. 1029358.03/L.A EXHIBIT I 319061-0000213-17-16/dbs/dbs -5- 2 0 16-11-1 5-2016-11-1CnU Ra1e2t Page 337 d. Exceptions to these minimum standards based on the organizational structure of the Training Site may be granted by the USOC on a case-by-case basis where appropriate, provided that such exceptions do not materially endanger athletes. 1029358.03/I.A EXHIBIT I 319061-0000713-17-161dbsldbs -6- 2016-11-109O&OH NRLU Page 338 f I EXHIBIT J "The enjoyment of the rights and freedoms set forth in the Olympic Charter shall be secured without discrimination of any kind, such as race, color, sex, sexual orientation, language, religion, political or other opinion, national or social origin, property, birth or other status." Olympic Charter, Fundamental Principles of Olympism 6. CV is dedicated to the principles of equal employment opportunity in any and all terms, conditions or privileges of employment including hiring, promotions, termination, training and compensation. This includes the CVTC. CV does not discriminates against applicants or employees on the basis of age, race, sex, color, religion, national origin, disability, veteran status, sexual orientation, gender identity or expression, genetic information; or any other status protected by federal, state or local law, and expects that this will continue once ownership is transferred. These protections apply equally at the CVTC as to all applicants, employees, athletes, and other guests. CV strongly opposes harassment in the workplace, whether sexual or on any other basis. Harassment of employees, applicants, or third parties (including athletes) by other employees or third parties is prohibited. Additionally, employees are strictly prohibited from harassing athletes residing or training at CV-provided or sponsored premises. These protections apply at the CVTC. CV will promptly, discreetly, and thoroughly investigate reports of discrimination or harassment, as appropriate under the circumstances. CV will share CVTC-related investigation information as appropriate with the USOC and other affected sport organizations utilizing the CVTC in a timely and collaborative manner. CV also takes appropriate action related to any nonemployee, such as a visitor, contractor or customer, who subjects an employee or athlete to discrimination in the workplace. CV does not tolerate retaliation against anyone who complains of discrimination or harassment, who assists in an investigation of a complaint of discrimination, or who provides information in connection with any such complaint. Retaliatory action or behaviors may subject the offending employee to disciplinary actions, up to and including termination of employment. 1029358.0a/LA EXHIBIT J �ffi&xfi 746/dhsld6s -1- 2016-11-1 f Page 339 Exhibit C EASEMENTS [Attached as the immediately following page(s)] As to the data and utility easements, the parties acknowledge that such easements shall be in the current location where such data and utility lines servicing the Premises currently exist. Within 60 days after the Effective Date the parties shall supplement this Lease with an exhibit showing the exact locations of such easements. 2016-11-15 Agenda Packet Page 340 - — `}- —�n�+u.;�WY�sa��,w.a.amurnuN.�n � �,-.,.r. ._. ....._J r" in,• Meryl _ .>•>C`---- _-•...«_.....�»�...-_..-»«___a `_— �...----............._.. 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'•€, Ty �- .1i � v i �l-�-r 'fir ` '`''`M ffl vA ;��\\'\ .�\ t .. �l� _ �_�--•=moi, "�`..�.�»,- - r" I j.rr � � A4?4$8k44#ASS. `���` ttt��j51�� `'J �•\ � II_ 117 •-,ttt .�t ��;r� ///r � � —��� iiEi,�ti S�i�S �r,.�11 � y�'•—w 8.•4 � i �r� :.�a il_'�"���$ .1r'�.:...� I p�� I,' D d3 ^��q� �' 1}k�1t1111•S l i '��',i• 1=' -E i� '� i ' _ �'.I� ',. - kg I�i{f} t Y.:.... .._� g._.__4'.__., fY"". ......,.4 � ..,......«.-Sr_'•_� r I r� ,�,f' ,IF f '� 7 y -'1 �. � i i I �� �Z� J ? r i ! _ ' (^,�^-�" Irl s• � r E rn E Y l v s•--....... .... _ Egl 6 e y R RASION ARCHERY ccHTEP of EXCL'I.I.ENCE at the 4A$TON BOUNOATIONS 907 EASTON' AIA AIICRITCCT AI1,41M MITER IMM-60A,—I, L t'"�`a Ab 1111- C hl 111-Chx So vitlntA 91.5€S Vanl7v_•f.GA 3lill(i a exnn. en 2016-11-15 Agenda Packet Page 341 i r r •r � € i I r 1 / f f. i� e�q �i i ` N f I 77 41 � a• / ✓ ! Ep/�i* 7 1 ! e f c € € I I r + i I \ � _ 7 5 P � Co I ti I I € I 1 � i i I � ; ! I rn t I I I I f 1 I I I r I f 1 /Y \\ 2016-11-15 Agenda Packet Page 342 Exhibit D PREMISES RULES AND REGULATIONS Lessee shall faithfully observe and comply with the following Premises Rules and Regulations ("Rules and Regulations"). CITY shall not be responsible to Lessee for the nonperformance of any of said Rules and Regulations by or otherwise with respect to the acts or omissions of any other tenants, licensees or occupants of the Training Facility. 1. Lessee shall not alter any lock or install any new or additional locks or bolts on any doors, gates or windows of the Premises without obtaining CITY's prior written consent. All re-keying or new locks or bolts must be consistent with the master keying system for the Premises. Lessee shall bear the cost of any lock changes or repairs required by Lessee. Two keys or electronic key cards will be furnished by CITY for the Premises. 2. All doors or gates opening to public corridors shall be kept closed at all times except for normal ingress and egress to the Premises, unless electrical hold backs have been installed. 3. Lessee, its employees and agents must be sure that the doors or gates to the Premises are securely closed and locked when leaving the Premises if it is after the normal hours of operation for the Premises. Any tenant, licensee or occupant, and its respective employees, agents or any other persons entering or leaving the Premises at any time when it is so locked, or any time when it is considered to be after normal business hours for the Premises, may be required to sign the Premises register when so doing. Access to the Premises may be refused unless the person seeking access has proper identification or has a previously arranged pass for access to the Premises. The CITY and its agents shall in no case be liable for damages for any error with regard to the admission to or exclusion from the Premises of any person. In case of invasion, mob, riot, public excitement, or other commotion, CITY reserves the right to prevent access to the Premises and/or the Training Facility during the continuance of same by any means it deems appropriate for the safety and protection of life and property. 4. CITY shall have the right to prescribe the weight, size and position of all safes and other heavy property brought into or onto the Premises. Safes and other heavy objects shall, if considered necessary by CITY, stand on supports of such thickness as is necessary to properly distribute the weight. CITY will not be responsible for loss of or damage to any such safe or property in any case. All damage done to any part of the Premises, its contents, occupants or visitors by moving or maintaining any such safe or other property shall be the sole responsibility of Lessee and any expense of said damage or injury shall be borne by Lessee. 5. Lessee shall not disturb, solicit, or canvass any occupant of the Training Facility and shall cooperate with CITY or CITY's agents to prevent same. 6. The toilet rooms, urinals, wash bowls and other apparatus shall not be used for any purpose other than that for which they were constructed, and no foreign substance of any kind whatsoever shall be thrown therein. 2016-11-15 Agenda Packet Page 343 7. Except for vending machines intended for the sole use of Lessee's employees and invitees, no vending machine or machines of any description other than fractional horsepower office machines shall be installed, maintained or operated upon the Premises without the written consent of CITY. 8. Lessee shall not use, keep or permit to be used or kept, any foul or noxious gas or substance in or on the Premises, or permit or allow the Premises to be occupied or used in a manner offensive or objectionable to CITY or other occupants of the Premises by reason of noise, odors, or vibrations, or interfere in any way with other tenant, licensee or occupant or those having business therein. 9. Lessee shall not bring into or keep within the Archery Building or the Premises any animals or birds, except for service animals. 10. No cooking shall be done or permitted by any tenant, licensee or occupant on the Premises, nor shall the Premises be used for any improper, objectionable or immoral purposes. Notwithstanding the foregoing, toaster ovens, coffee makers and microwave ovens may be used in the Premises for heating food and brewing coffee, tea, hot chocolate and similar beverages, provided that such use is in accordance with all applicable federal, state and CITY laws, codes, ordinances, rules and regulations, and does not cause odors which are objectionable to CITY. 11. CITY reserves the right to exclude or expel from the Premises and the Training Facility any person who, in the judgment of CITY, is intoxicated or under the influence of liquor or drugs, or who shall in any manner do any act in violation of any of the Rules and Regulations. 12. Lessee, its employees and agents shall not loiter in the entrances or corridors, nor in any way obstruct, the sidewalks, lobby, halls, stairways or elevators in such a way as to create a safety hazard or block ingress and egress to the Archery Building, and shall use the same only as a means of ingress and egress for the Premises. 13. Lessee shall store all its trash and garbage within the interior of the Premises or in areas approved by the CITY. No material shall be placed in the trash boxes or receptacles if such material is of such nature that it may not be disposed of in the ordinary and customary manner of removing and disposing of trash and garbage in the CITY in which the Archery Building is located without violation of any law or ordinance governing such disposal. All trash, garbage and refuse disposal shall be made only through entry-ways and elevators provided for such purposes at such times as CITY shall designate. 14. Lessee shall cooperate with CITY's trash recycling programs and the orderly sorting of trash materials to facilitate such programs. 15. Lessee shall comply with all safety, fire protection and evacuation procedures and regulations established by CITY or any governmental agency. 16. Lessee shall assume any and all responsibility for protecting the Premises from theft, robbery and pilferage, which includes keeping doors locked and other means of entry to the Premises closed, when the Premises are not occupied. 2016-11-15 Agenda Packet Page 344 17. CITY may waive any one or more of these Rules and Regulations for the benefit of any particular tenant, licensee or occupant, but no such waiver by CITY shall be construed as a waiver of such Rules and Regulations in favor of any other tenant, licensee or occupant, nor prevent CITY from thereafter enforcing any such Rules and Regulations against any or all tenants, licensee or occupants of the Premises. 18. The washing and/or detailing of vehicles or, the installation of windshields, radios, telephones in or general work on, automobiles shall not be allowed on the Training Facility, except by concessionaires of CITY, or for the installation of windshields due to sports related damage while on the Property. 19. Lessee must comply with requests by the CITY concerning the informing of their employees of items of importance to the CITY. 20. Lessee shall comply with any non-smoking policy of the Training Facility and all ordinances regarding smoking adopted by any applicable governmental authority. There is no smoking permitted in any of the buildings comprising the Training Facility. 2016-11-15 Agenda Packet Page 345 Exhibit E FOOD SERVICE WEIGHT ROOM SERVICE AND SPORTS PERFORMANCE SERVICES MINIMUM LEVELS FOOD SERVICE CITY agrees to operate the CVTC dining hall and food service in accordance with the following: • Compliance with all applicable federal, state, and local food, allergen, and health safety codes. • Monthly meetings with sport dietitians to approve and discuss menus and nutrition information. • Food labeling system, which includes nutrient analysis and nutritional facts for all menu items, and labeling for key food allergens (e.g., dairy, gluten, nuts, and eggs). • Nutrition education exhibits in the dining hall (e.g., table tents and other visuals), and nutrition education for the dining hall staff. In addition, CITY agrees to ensure that the following nutrient guidelines are satisfied at all times: • Ensure foods provided are in nutrient-dense forms. Nutrient-dense foods provide vitamins, minerals, and other nutrients that have positive health effects with relatively few calories. Nutrient-dense foods retain naturally occurring components such as fiber and minimize or exclude added salt, sugars, solid fats and refined grains. • Include low fat items in the menu by providing foods naturally low in fat and using oils and solid fats in reduced amounts during food preparation. • Increase monounsaturated and polyunsaturated fats and decrease saturated fats to 10% of calories and trans-fats to as low as possible. • Provide a menu that caters for sodium intake less than 2,300 mg per day by purchasing low-sodium products,preparing meals low in sodium and utilizing fresh foods. • Provide at least half of all grains as whole grains. • Provide a variety of colorful, fresh and seasonal vegetables and fruits. • Provide a balanced variety of protein foods that are lower in saturated fats. • Provide iron rich foods, calcium products rich in probiotics, food sources rich in Vitamin D and sports products to aid performance. • Ensure each main meal includes food items that are gluten friendly; ensure all food labels have the 4-8 main types of allergies identified; and ensure lactose alternative milk products are available all day for athletes. Food service shall be provided for breakfast, lunch and dinner for a period of not less than two (2) hours for each meal. 2016-11-15 Agenda Packet Page 346 WEIGHT ROOM SERVICE CITY shall provide weight room services substantially similar to the weight room services and hours offered at the Training Facility as of the Effective Date. SPORTS PERFORMANCE SERVICES The term "sports performance services," as used in Section 8 of this Lease, shall mean the services offered by the Sports Performance Facility (as such term is defined in the Core Agreement) as long as such Sports Performance Facility is operated by the USOC. If the USOC no longer operates the Sports Performance Facility, then the term "sports performance services" as used in Section 8 of this Lease shall mean the following services to reasonably meet the needs of archery athletes: (i) medical coverage, (ii) clinic access, and (iii) access to sports psychologists, dietitians, and physiologists. 2016-11-15 Agenda Packet Page 347 Exhibit F PREMISES PARKING AREA 2016-11-15 Agenda Packet Page 348 kl L �I N r � UsJJ ai a Ovewrhanj riclicated by: ,i ie Wheel N dica«d by: 4515 fe. u 35 .... ......�.� tae � C 1 t K91y . I rn k p 6 p ......,»..� .....E � 2016-11-15 Agenda Packet �� *vw ,,�,, `t Page tAS S_ 3q X Z 3 k 3 r 7t1 ht 24 ON s 3 �ON` � A z � ii � A t I Al GL 9 . { � 3 hs S S 'S- yye�aa £a 7777a x qN- 2a16-11-15 Agenda;Packet Page 35p I Exhibit G DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS [Attached as the immediately following page(s)] 2016-11-15 Agenda Packet Page 351 of �ggIEQuEST QIEtI�T OF --TLE T YR 397 RECORDING REQUESTED BY: ) DU H } 1995-0025717 First American Title Insurance Co. ) 19-JAN-1995 03=07 PF7 OFFICIP.. KORN WHEN RF.GORDED MAIL TO: � SAN ?;CyQ C91 [Y RE!'o°pFI?'S QFF:CE Robert J. Deli, Esq. ) RF: 27.CQ FEES: 73.:G Luce, Forward, Hamilton & Scripps ) pr: 0.00 600 West Broadway, Suite 2600 ) Pr: i.D4 San Diego, CA 92101 ) //09 ;(9 Above Space for Recorder's Use DZCLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is executed, to be effective upon its recordation, between EASTLAK' B DEVEMPMENT COMPANY, a California general partnership, (the "Company") and San Diego National Sports Training Foundation, a California not-for-profit corporation (the K "Foundation*) . RECITALS A. This Declaration is made with reference to the facts set ;n. forth herein. B. The Company is the owner of that certain real property situated in the County oereto anSan d o,incoCalifornia, herein�(the in Exhibit A attached h "Property") . The Property is a portion of the larger master YX planned community situated in the County of San Diego and city of Chula Vista known as "Eastlake Development" ("Eastlake Project") . C. The Foundation is acquiring the Property from the Company pursuant to a grant deed from the company to the Foundation recorded concurrently herewith (the "Grant Deed") . The Foundation - - __ a____, &.%._ a-&--o. .,ksee #%# ti-k4 Pranerty and transfer the 398 ARTICLE 1 DEFINITIONS Except as otherwise expressly provided herein, the following words and phrases, when used herein, shall have the meanings not forth below. 1.1 AMlicatj The term "Applications" shall mean and refer to all requests and applications for governmental approvals and permits made or to be made by the Foundation in connection with the Foundation"s development of the Property. 1.2 Benefitted D=. The term "Benefitted Party" shall mean the Company and the Foundation to the extent it has any rights hereunder after the VSOC acquires title to the Property. 1.3 IDenef it;ted PropeM- The term "Benefitted Property" shall mean that certain real property described in Exhibit "B" attached hereto and incorporated herein for such period of time as record ownership is in the Company. 1.4 9=- The term ~City" shall mean and refer to the City of Chula Vista. 1.5 Company. The term "the Company" shall mean and refer collectively to Eastlake Development Company, a California general partnership, including but not limited to, the Company's successors and assigns as to all or substantially all of the Company's assets by sale, merger or consolidation if such successors and assigns are expressly named as successor to the Company in a document executed by the Company or a successor pursuant to section 7.3, recorded in the office of the County Recorder of San Diego County assigning the rights and duties of the Company to such successor with such successor Company accepting and assuming the assignment of such rights and duties. 1.6 County. The term "County" shall mean and refer to San Diego County, California. .1.7 oevelonment-Plans. The term "Development Plans" shall 399 1.9 MMMLejIta. The farm "Improvements" shall mean r buildings, outbuildings, underground installations, structures, slope and grading alterations, roads, curbs, gutters, storm drains, utilities, driveways, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, windbreaks, plantings; planted trees and shrubs, sidewalks, Poles, siet , loading areas, and landscaping docks and all other structures, land development improvements of every type and kind. 1.10 . The term "Olympic sporting Events" shall mean and refer to those events recognized by the International Olympic committee as official competitive events of the Olympic Games sponsored by the International Olympic Committee. x.11 USM. The term "USOC" shall mean and refer to that body, and pic committee as sanctioned of its pby the known re national Olympictcommitttes ee. ARTICLE 2 REQUIRED APPROVALS AND PERMITS e r s The Foundation shall Go3mrmobtain, at its sole expense, all city, County and other governmental approvals which may from time to time be required for the Foundation's development and use of the Property. At all times, the Foundation's development and use of the Property shall be in compliance with all ordinances, laws and regulations relating to the Property and the Foundation's development and use thereof. A r ARTICLE. 3 APPROVAL OF DEVEWPMENT PLANS ' 3.1 o e The company shall have the right to approve or disapprove of any improvements which are within fifty (50) feet of the northern boundary Rancho ProOtay r yshowning between Wueste Road and the boundary on Parcel Hap 16318 (the "Impact Area") so long as the property adjacent to the Impact Area is Benefitted Property or the company _ _ 4•1.a4. ,. nroTty_ _ prior to commencing 400 approval of four (4) copies of each of the following (collectively called the *Development Plans") : a. Site plans, elevation plans, and conceptual grading plans, if any; b. Description of materials to be used in fencing; + co Landscaping plans and landscape irrigation plans; and d. The Foundation's sign program. The Foundation shall also submit to the Company (for its information and files :only) as soon as available, a copy of all grading plans and improvement plans as approved by the City. 3.2.1 petail ReWAire-d. The Company may require such reasonable detail in the Development Plans submitted for its review and approval as it deems necessary or proper. The Company may postpone its approval of any Development Plans submitted until it Ma received and had an 'opportunity to review all required materials. 3.2.2 g2 ditions to Anroval. The Company will approve Development Plans submitted for its approval if in the Company's reasonable judgment, the improvement work contemplated therein is not incompatible with the development of other property owned or developed by the Company surrounding the Property. The Coanpany may condition its approval upon the Foundation's agraeummt to make such changes therein as the Company deems appropriate. 3.3 S iew and b=gnl procedures. Initial submittals of all Applications, Development Plans or other documents or items to be submitted as provided in the Development Documents (collectively, the "submitted Materials") shall be reviewed and approved or disapproved by the Company within fifteen (15) calendar days of the Company's receipt thereof. If the Company fails to respond within fifteen (15) calendar days, it shall be deemed approved. 401 sports teams as a primary use; (ii) other uses reasonably related to such athletic training, including without limitation, educational, exhibit or recreational uses; touring and a visitors center (the "Visitors Center") ; gift shops; athlete housing, athlete dining hall facilities; offices for the USOC and administrative offices for National Governing Bodies which do not exceed 1200 square feet in size for any single National Governing Body; concession stands; restaurants and snack shops which are not freestanding buildings and which either are designed for visitors to the Olympic Training Center (as defined below) and used during usual hours of operations of the Visitors Center or used by the athletes using the Olympic Training Center; medical treatment, physical therapy and rehabilitation facilities for use by bona fide athletes who are eligible to use the Olympic pu rposes a fain visitors to center as determined by the USand for emergency purpo the Olympic Training center, and medical research and development primary related to the use of the Property for athletic and sporting events; fundraising; and sports related camps. Additionally, that portion of the Property designated on Exhibit "C" as the "Restaurant Pad" may be used as a free standing restaurant provided that (a) such restaurant is only yiter amid for athletes and visitors to the Olympic Training es sed during usual hours of operation for the visitors Center at the Olympic Training Center; (b) all signage for the restaurant shall be consistent with the sign criteria and signage actually used for all other structures and facilities within the Oly it tiesic ni r Center; (c) no drive through or other similar improvements ars constructed; and (d) no parking shall be adjacent to the restaurant, except for such normal st an ng utilized for arthe Visitors center. Athletic training, equ resent a shooting or any other events or activities which may P potential hazard shall be Conducted in a safe and controlled manner in accordance with all applicable laws and regulations. + 4.2 CQatilLugus ggeration. For a period from the date of recordation of this Declaration until December 31, 2011, the f Foundation, or its successor in interest, shall continuously use the Property for the purposes specified in this Declaration and shall continuously operate a center ("Olympic Training Center") for training in Olympic sporting Events or other similar athleticor _A A a1ksl7 1700 nr r-Auaa to be used various portions 402 the USOC is starting up operations during the first one hundred eighty (160) days after conveyance of title to the USOC. 4.3 et t . subject in all events to section 4.8, for a period from the date of recordation of this Declaration until December 31, 2011, the property shall not be used for industrial or hotel uses or be used for retail or commercial activity which is not reasonably related to training in Olympic Sporting Events or other similar athletic events and sporting events or as permitted under Section 4.1 shave. Notwithstanding the foregoing, the Foundation and the USM may engage in fund-raising activities of any sort, and other competitive uses permitted pursuant to Section 4. 1 so long as the same are ancillary to use of the property as an Olympic Training center. 4.4 No Hazardous S tgnces- No Hazardous Substances of any type shall be used, allowed on, in or under the Property at any time in a manner which violates any pertinent law or regulation. 4.5 NO emporary Structure. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on the Property at any time as a residence either temporarily or pe 4.6 No rA3=1n0. The property shall not be used or maintained as a dumping ground for rubbish. Trash, garbage, or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. 4.7 s t . No noxious or offensive activity shall be carried on upon the Property, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. Notwithstanding the foregoing, nothing herein shall prevent use of the Property as an Olympic Training Center, and operation of a Visitors Center and other reasonably related facilities in connection therewith. 4.8 open grace Requirement. if, following ten (lo) years . ._ - �-:- «.__%-..-4-4 %%% 4 Q v -nrded in the Official Records ARTICLE 403 RMIEDIES =1raregMent of WgtjdAtI9M. The covenants, conditions and restrictions of this Declaration shall be subject to the additional provisions set forth below. g.2The terms and conditions Of this Declaration shall run and pass with each and every portion of the Property and shall be binding upon the Foundation, i.ts successive owners and assigns, and shall benefit the Benefitted party and the Sendf itted Property. Every person or entity who now or hereafter owns or acquires any right, title or interest in or to any portion of the Property is and shall be conclusively deemed to have consented and agreed to every restriction, provision, covenant, condition, right and limitation contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person or entity acquired an interest in the Property. 3.3 e . If the Foundation breaches, violates or tails to perform or satisfy any of the terms of this Declaration (a '*Default") , and that Default has not been cured by the Foundation or its lender, if any, within thirty (30) days after the Company gives written notice to the Foundation and its londor to do so, the Company may, at its sole option and = discretion, enforce any one or more of the foilowifs remedies by any other rights or remedies to which the Company e law or equity, whether or not set forth herein. If, however,, the Dotoult to of a type which cannot reasonably be cured within thirty (3o) days, the Company shall withhold action against the Foundation as long as the Company continues to receive evidence that the Foundation (a) commenced the curative process immediately upon ' notice, and (b) diligently continues to pursue curing the Default. All remedies provided herein or by law or equity shall be cumulative and not exclusive, including, but not limited to, the fol lowing: ngr The Company may bring a suit .__,_ :......, ref cop fn determine the enforceability of any of 404 c. Re--entry. (i) Until a date Which is ten (10) years after the date of recordation of this Declaration, in the event of a Default under sections 4.1., 4.2 or 4.3, or in the event of a Default under Section 4.8 during the entire term of this Declaration. which Default remains uncured after any applicable cure period, the Company shall have the power to terminate all right, title and interest in the property of the Foundation, (or the vsoC, after conveyance thereto) and their respective assigns and successors, in the manner provided by law for the exercise of this power of termination, (and, in the case of a Default pursuant to section 4.8, without paying any compensation for any buildings aid or other improvements or betterments tha► m incurrbe ing sant premigeg, and without making any compensationa liability for damages or losses of any kind) , and thereupon have and enjoy forever all of the Property• in such event of termination, the restrictions set forth herein shall no longer have any force or effect and the Declaration shall terminate. The Foundation, its assigns or successors shall thereupon immediately surrender possession of the Property and shall forfeit all rights. (ii) For a period from the date ten (lo) years after the date of recordation of this Declaration %ultil December 31, 2011 in ' the event of a Default under sections 4.1. , 4.2 or 4.3, rhich Default remains uncured alter any applicable cure period, and after the conveyance of the Property to the USOC, the Foundation, its assigns, and successors, shall have the power to terminate all right, title and interest in the Property of the USOC, and their respective assigns and successors, in the manner provided by law for the exercise of this power of termination, (and, without paying any compensation for any buildings or other improvements or betterments that may then be upon said premises, and without making any compensation or incurring any liability for damages or losses f of any kind) , and thereupon have and enjoy forever all of the { property, in such event, the restrictions set forth in t Sections 4.11 4.2 and 4.3 shall not be applicable to the Foundation or its successorl's use of the Property but all other provisions of this Declaration shall be applicable and binding. The USOC, its assigns or successors shall surrender possession of the Property and shall forfeit all rights. 14A41 Tn the event of Default under Sections 4.1, 4.2 or 405 Foundation prior to the date of conveyance of the Property to the he usoC in the p�property after recordatithe on of the deed conveying ttitle Or interest of itle t the USOC. p�Y ! ARTICLE 6 TERN OF DECLARATION Te Unless sooner terminated by mutual written consent of the Company► the Foundation and the UBOC• or as otherwise specifically provided herein, the restrictions of sections 4.1, 4.2 and 4.3 shall continue for a period lasting from recordation of this Declaration until December 31, 2011 and the remainder of this Declaration, including the covenants, conditions and restrictions contained herein, shall continue to be effective for 30 years after the date of recordation of this Declaration. Notwithstanding anything to the contrary herein, in the event that the Improvements described on Lxhibit D are not completed on or before December 31, 2001 for any reason whatsoever whether or not beyond the Company's control, the restrictions set forth in sections 4.1, 4.2 and 4.3 shall be of no further force or effect. The Company shall execute any documents or instruments reasonably necessary to evidence removal of such restrictions within ten (10) days after the USOC's written request therefor. 6.2 Quitclaim The Company and the Foundation, respectively, shall deliver to the USOC a quitclaim deed of all right, title and interest in and to the Property if their respective rights under this Declaration terminate. Following such termination, the quitclaim deed shall be delivered tten request for such within thirty (30) days following its delivery. ARTICLE 7 GENZnw PROVISIONS 7.1 Wa ver• Neither party's waiver of a Default by the other party hereunder nor any delay or failure to enforce any of the ..a 4-1,4,2 no_ni aration shall be a waiver of or shall affect a 406 however, that this Declaration and all provisions hereof shall be binding upon and effective against any subsequent owner of the Property or portion thereof whose title is acquired by foreclosure, t trustee's sale, or other remedies provided in such mortgage or deed Of trust, but such subsequent owners shall take title free and clear of any of the Foundation*s violations of the terms of this Declaration that occurred before such transfer of title or occupancy. 7.3 Avaig=eRtThe Company may assign its rights hereunder including its power of termination and right of re-entry under Section 5.3c, at any time without the Foundation's consent to any person or entity to whom the company may provided all of the rights are assigned and provided an instrument showing such assignment is recorded in the official records of San Diego County. Absent such assignment, no other person except the Foundation shall have any rights or interest under this Declaration. 7.4 Ir-roination or Amendment. The terms of this Declaration may be validly terminated, amended, modified or extended only by a f written instrument duly executed and acknowledged by the Company, the Foundation and USOC (or their successors and assigns) to that Z effect; provided, however, that after December 31, 2011, any such action may be taken without the consent of the Foundation. 7.5 g2Y-eMnts RUnning with_tjle_ Land. The provisions of this Declaration are covenants running with the land and equitable s servitudes, as the case may be, and shall be binding during the terns upon all persons acquiring an interest in the Property and shall benefit the Benefitted Party and the Benefitted property. The powers of termination and rights of re--entry under section 5.3 are personal to the company and the Foundation, respectively, and are not appurtenant to the Benefitted Property but are in gross. 7.6 captions. The captions used herein are for convenience only, are not part of this Declaration, and do not in any way limit or amplify the scope or intent of the terms and provisions hereof. 7.7 o . If a court of competent anv rnrnviainn of this Declaration to be 407 receipt requested, With postage prepaid, or by Federal Express or other similar overnight delivery service or by facsimile machine and addressed to the party for whom intended, as follows: To the Company at its business office: gastLake Development Company 900 Lane Avenue, Suite 100 Chula vista, CA 92013 Attn: Paul Nieto With a Copy to: Luce, Forward, Hamilton & Scripps 600 W. Broadway, suite 2600 San Diego, CA 92 101 Attn: Robert J. Sell, Esq. To the Foundation at its business office: Saiz Diego National Sports Training Foundation 1904 Hotel Circle North San Diego, CA 92 108 Attn: , gxecutive Director With a copy tot Peterson and Price 530 B Street, Suite 2300 San Diego, CA 92 101 Attn: Edward F. Whittler, 8sq. To the USOC at its business office: United States Olympic Committee 1750 East Boulder Street Colorado Springs, CO 80909-5760 Attn: Tom Wilkinson, Assistant Executive Director mitt, tns 408 hereunder shall be an writing and shall be deemed to have been duly given and received (i) upon personal delivery or (ii) as of the third business day after mailing by United states registered or certified mail, return receipt requested, postage prepaid, addressed as set forth above, (iii) the immediately succeeding business day after deposit With Federal Express or other equivalent overnight delivery system or (iv) upon delivery if transmitted by facsimile machine. 7.$ Each of the parties shall execute and deliver such additional papers, documents and other assurances, and shall do such acts and things as are reasonably necessary in connection with the performance of its obligations hereunder and to carry out the intent of the parties. 7.10 Time of Sguengm. Time is of the essence in the performance of each provision of this Declaration where time is an element. Any reference in this Declaration to time for Performance of obligations or to elapsed time shall mean conspctst ive calendar days, months or years, as applicable, unless otherwise explicitly indicated herein. 7.11 Attorneys" Fes. If any action or proceeding is instituted to interpret or enforce any provision of this Declaration by the Company, the Foundation and/or the USOC, the prevailing party shall be entitled to recover such amounts as the court may judge to be reasonable as costs incurred in such action, including, without limitation, court costs and attorneys gees. 7.12 Exhibits. The exhibits attached hereto are incorporated herein by reference. 7.1 e o . As a material consideration and inducement to the Company to enter into the transaction contemplated by this Declaration, the Foundation acknowledges and agrees that (i) the Foundation is not relying upon any legal advice from the Company or any of its employees; (ii) the Company has recommended that the Foundation obtain separate legal counsel; (iii) the terms and contents of this Declaration have been fully s understood by the Foundation; and (iv) at no time will the w�__�A_s2�... a��u ♦1e nM�ATl+aAf"111 7tV of anv Drovision of this 409 counsel or that it did not understand any term of condition of any such dcmm meet. The parties have executad this Declaration as of the dates set forth below. BA STI AXE= FOUNDATION: RhSTLAKB DE'VELOPI4ENT COMPANY, SAN DIEGO NATIONAL SPORTS a California general TRAINING FOUNDATION, a partnership comprised of California corporation ` corporations By: BOSWELL PROPERTIES, INC. , By: a California corporation, General er By: Its:,., !� By: TULAGO COMPANY, a California corporation, General s F a By: Its: a 410 Exhibits A - Description of the PropertY 1 H - Description of the Benefitted PropertY C - Rastaurant Pad D - improvements k ' I r . I ir r J ` �4 EXHIBIT A 411 Parcel 1 of Parcel lap No. 16318, in the City of Chula Vista, County of San Diego, State of California, filed in the office of € the County Recorder of Bar. Diego County, December 6, 1990 as File No. 90-652175, of Official Records. EXCEPTING T�t111 O an undivided 1/2 interest in all oil, gas and minerals 500 feet or more below the surface of said land, but without the right of entry on the surface of said land, as reserved by Western Salt Company, by deed recorded February 16, 1994 as File No. 1994--0104492, of Official Records. J d ` EXHIBIT B 412 IMM DISCRIPTI0N OF BMWITTBD PROPERTIEB parcel 1: parcels 1, 3 and 5, inclusive of Parcel Nap No. 16858 in the City of Chula Dista, county of San Diego, State of California, filed in the office of the County Recorder of San Diego County on May 28, 1992, as Document No. 1992-0324556 of Official Records (commonly known as Village Center South, consisting of approximately 3.9 acres) . Parcel 2t The remainder parcel of Parcel May 16878, in the City of Chula Vista, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County June 22, 1992 as file No. 1.992-0384869 of Official Records (commonly known as Village Center North, consisting of approximately 39.3 acres) . And at such time as Eastlake Development Company, or its successors or assigns, acquires record title to either of the following parcels which are currently owned by Western salt Company, the parcels or any portion so acquired shall become part of the Benefitted Property. Parcel 3: That portion of Rancho Janal, in the County of San Diego, State of California, according to patent and map thereof recorded in Book 1, Page 89 at seq. of patents in the office of the County Recorder of San Diego County, lying within Section 10, Township is south, range 1 west, Ban Bernardino base and meridian, and lying westerly of the westerly line of Wueste Road as shown on Road Survey No. 8310 and lying northerly of the northerly line of Parcel 1 of Parcel Nap No. 16318, in the City of Chula Vista, county of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 6, 1990 as File No. 90-652175 of official Records (consisting of approximately 339 acres) . Parcel 4: _. )�.)4f UN [ > ' •1 - F '. • .y x Il , .�L ,moi`-•�• r , .+ is T j� � S�a ;��- ..�;•1}L :_r- t. -rr { lit*'� r •'I _,�„� -.-.i..=,�� j ��,t,y;;�f-. - � • EXHIBIT 414 A. ORANGE AVE= IMpR0VEt4MS SHALL CONSIST OF THE FOLLOWING: 1. A paved roadway from Hunte Parkway to Wueste Road at the location and in accordance with the plans attached hereto !� and all requirements of the City of Chula Vista. 2. The f0110wing utilities within or adjacent to the above described roadway in accordance with all City of Chula w Vista, pacific Bel]., San Diego Gas & Electric Company, Md Otay Water District requirements: Utility Service Lines for gas, phone, electrical and r cable television. sewer service Line plus any required pump stations. Water Service Lines. 8. $ASTERN ORANGE AVM= UOVZMMM SHALL CONSIST OF THE FOLL MOING; 1. A paved roadway from the entrance to the Olympic Training Center to Wueste Road at the location and in accordance with the plans attached hereto and all requirements of the City of Chula Vista. 2. The Following utilities within or adjacent to the above described roadway in accordance with all City of Chula Vista, Pacific Bell, San Diego Gas & Electric Company, and Otay Water District requirements: Utility Service Lines for gas, phone, electrical and cable television. k Sewer Service Line plus any required pump stations. water service Lines. 415 m a F o ac 416 � r oll = 1 - • 5 t . State of California ) 417 County of San Diego ) On October 31, 1994 before me, a notary public in and for said state, personally appeared DAVID M. ARMSTRONG personally known to s me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument .s the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. ctoRIaV GRAY Comm t vpabtlb z �1 `' F1 ecjfy P�#7kC— C�{orrua p Signature �`XZ r ��:*00 COUNTY MAM4 1997 j MPACITY ==D BY SIGNER: . IN©MDUAL _ CORPORATE-EXECUTIVE DIRECTOR PARTNER(S) OFFICER(.-) (TITLE) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING.- (NAME OF PERSONS(S) OR ENTITY(S)) : SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION Tide or Type of Document: Declaration of Covenants, Conditions and Restrictions Number of Pages: 22 Date of Document: undated Signer(s) Other Than Named Above: Eastlake Development Company r 418 State of California County of San Diego ) { on 00. 4, 1934 befort m , n ry publ c i L, to aid state, personally appeared personally known to me ) to be the person(s) whose name(s) i /are Gi subscribed to the within instrument and acknowledged to me that 4ta/ eWthey executed the same in k#eVber/their authorized capacity(ies) , and that by ear/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. MR1 signature dlja� CAPACXTX CLAIMED BY SIGM.* INDIVIDUAL +' CORPORATE . (TITLE) ; ppRTNgR(g) OFFICER(S) Uice # (T TLE) ATTORNEY-SIN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: AJAAe1u , ,i R SIGNER IS RE SENTING (NAME OF PERSONS(S) OR ENTITY($)) CO Uri f �ilrsfa.�i i I I I I l 'il , I• .I 1 4 li' 11 'I 4 X11: II 'i III .IIi II �I i 1 I I I s. I I I I f III I IV ,1 I 1 I. I '• I I 'I 1' I 'I I : I I + : II Y Y� I , I I I ' I I I I I i I I I , i I •I I I, 1 I I III I V '4 I -1 I', '�' � I I •II 11'1 '' 1 � ', ' L I III I. .I , I �I 'I I I I I I I I 4 i I , I 1 I 'I I � I I I I I I i , 'I I .II I II' I J' I I ''i I I it I i •I I I !I fell I i I I� I I 'Ilii I 'I I ' I I I I. � I 1 � I I 'II 'I" � I�1, I III 'i' d I' I I " I I h'II I I S ',i•r I II I i I I I 'II i 1 I ,I' 1 I'' I I � I li 11 I l a• I I I 4 I I I I 44 .I I I'I' Y V 11' 11 i II I I I I I I• 1'' I II i' I I I I I ' II'ii '1. I I. I III' I :11 I. ,I I ,i .I I lil 11191 II, I 1 'i I{II I' I 1 Iii I I I it I v 1 f' II 1 1• 1 , 1 I .Y I I 'I, I' I .IIi 1 Ir. I II ;1 I IM1 I II' I I I :ILII' X11 1 I! 1 'I ri. I I I .h i I I' h I I V I I I'lill V'I Y I '11'1 M I l i I t 111 11: I I Y I I I 1 I II 1 SII � I 1 i Y I I' I I III I I' III 'h''I I I I '.li 1 ,Iii 1 I VI r1 ,I. II I I I I, 11111111 Jj I Ii1 ,,I I 1I r I i t , I. I I '�� I hIIII � I '111 I I' I 'I 11 IIf 1 I '1 I I, II 1 I 1 1 .I. IIII II�IiIi IIII 1 IIII � I'I I I � I � V 1 I I 1 1 r I illj li 1 I,'Ill i l � I II I I 1. 'I ,. 111 1 �h,,11 � I � IIIIIII 11; Ii 1111 111 1 11:' 'li i' I III I ql, hi III 111 II I I i1 a i I I I II'1l'ill I II�I'I 1 , I : a II r ;II Y I I I i I II , I I I I' d 'i II I I 11 ll. II II I. ,I I 11 I I � I 11111111 � � I'll I , 'li ,�; 1 I I 'i I ' II I ' I 111 •I�: I'I, 'I ', � I I', , Ih I 111 II I I i I 1. i �1.'I ' I h L{'• .11 I ' i ! I '1111. � h I ''I I � I „f. I '•I � r' 1 I I i 1 i I I .I 1• I i1 ' I , ' ,,Ij111II II �i I i' �II, i'II1' 11. 1 1 II 1 II�I�'�.Ili I �l1 I I : I I : I' I II I Ili I I I r 111 I 61 ''JI �• ,1' DOC # 2008-0654802 1 CHICAGO TITLE COMPM) g RECORDING REQUESTED BY � 0 DEC 26, 2008 B:OQ AM AND WHEN RECORDED MAIL TO: COIJ OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE GREGORY J SMITH,COUNTY RECORDER United States Olympic Committee FEES: 37.00 One Olympic Plaza PAGES: 10 Attn: General CounsColoado Springs, el 80909 i 1110111 Hill 11111 Hill Hill Hill HV!Bill Hill hill Hill Hill Hill Hil!Ui (Space Above For Recorder's Use) AMENDMENT TO DECLARATION OF cc COVENANTS, CONDITIONS AND RESTRICTIONS 4 V This AMENDMENT TO DECLARATION OF COVENANTS, ONDITIONS AND RESTRICTIONS (this "Amendment") is made as of the day of , 2008, by and among The EastLake Company, LLC a California limited liability company formerly known as Eastlake Development Company, a California general partnership ("Eastlake"), San Diego National Sports Training Foundation, a California not-for-profit corporation ("Foundation"), and the United States Olympic Committee, a congressionally chartered not-for-profit organization ("USOC"). A. USOC is the owner of the real property (the "Property") described on Exhibit A attached hereto and incorporated herein by this reference. B. Eastlake and the Foundation are the original parties to that certain Declaration of Covenants, Conditions and Restrictions (the "Declaration") affecting the Property, which Declaration was recorded in the Official Records of San Diego County, California on January 19, 1995, as Instrument No. 1995-0025717. C. Pursuant to Section 7.4 of the Declaration, the Declaration may be amended by a written instrument executed by Eastlake, Foundation and USOC. Eastlake, Foundation and USOC desire to amend the Declaration in order to facilitate development of the Property for use as an Olympic Training Center and uses relating to athletic training upon the terms and conditions set forth in this Amendment. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound hereby, Eastlake, Foundation and USOC hereby agree as follows: I. Capitalized Terms. All capitalized terms not otherwise specifically defined in this Amendment shall have the meanings ascribed to such terms in the Declaration. 2. Approval of Development Plans. Eastlake hereby waives any and all of its rights under the Declaration to approve or disapprove any Improvements proposed within the Impact 810049.011LA ACCOMMODATION , g 4 A x `A 5 U9061.002110.23.081jlpljlp RECORDING 2016-11-15 Agenda Packet Page 375 463 Area. In connection with the foregoing waiver, Article 3 of the Declaration is hereby deleted in its entirety. 3. Use As Olympic TrainingCenter. Section 4.1 of the Declaration is hereby amended by deleting the phrase that begins in the sixth line on page 5 thereof and reads "which do not exceed 1200 square feet in size for any single National Governing Body", and replacing it with the phrase "and other organizations that support and/or train athletes in Olympic Sporting Events or similar athletic events and sporting events (but expressly excluding professional-for- profit sports teams)". For ease of reference, the entirety of Section 4.1 of the Declaration, incorporating the changes described above, is included below: "4.1 For Use As Olympic Training Center and Related Facilities. Except as expressly provided elsewhere herein, for a period from the date of recordation of the Declaration in the official Records of San Diego County until December 31, 2011, the Property shall not be used for any other purpose other than (i) training in Olympic Sporting Events or other similar athletic events and sporting events, excluding professional-for-profit sports teams as a primary use; (ii) other uses reasonably related to such athletic training, including without limitation, educational, exhibit or recreational uses; touring and a visitors center (the "Visitors Center"); gift shops; athlete housing, athlete dining hall facilities; offices for the USOC and administrative offices for National Governing Bodies and other organizations that support and/or train athletes in Olympic Sporting Events or similar athletic events and sporting events (but expressly excluding professional-for-profit sports teams); concession stands; restaurants and snack shops which are not freestanding buildings and which either are designed for visitors to the Olympic Training Center (as defined below) and used during usual hours of operations of the Visitors Center or used by the athletes using the Olympic Training Center; medical treatment, physical therapy and rehabilitation facilities for use by bona fide athletes who are eligible to use the Olympic Training Center as determined by the USOC and for emergency purposes for visitors to the Olympic Training Center, and medical research and development primarily related to the use of the Property for athletic and sporting events; fundraising; and sports related camps. Additionally, that portion of the Property designated on Exhibit "C" as the "Restaurant Pad" may be used as a free standing restaurant provided that (a) such restaurant is only designated for athletes and visitors to the Olympic Training Center and used during usual hours of operation for the Visitors Center at the Olympic Training Center; (b) all signage for the restaurant shall be consistent with the sign criteria and signage actually used for all other structures and facilities within the Olympic Training Center; (c) no drive through or other similar facilities or improvements are constructed; and (d) no parking shall be adjacent to the restaurant, except for such normal parking utilized for the Visitors Center. Athletic training, equestrian, archery, firearms, shooting or any other events or activities which may present a potential hazard shall be conducted in a safe and controlled manner in accordance with all applicable laws and regulations." 810049.0 PLA U9061-0021 I 0-23-08/j 1p/j 1p -2- 2016-11-15 Agenda Packet Page 376 464 4. Counterparts. This Amendment may be signed in counterparts, each of which shall be deemed to be an original and all such counterparts shall be deemed one and the same instrument. 5. Breach Shall Not Defeat Mortgage. A breach of any of the terms, conditions, covenants, or restrictions of the Declaration or this Amendment shall not defeat or render invalid the interest or lien of any duly recorded mortgage or deed of trust encumbering the Property, and no such terms, conditions, covenants and restrictions shall be Minding upon or effective against any person or entity that acquires title to any portion of the Property which is subject to the covenants, conditions and restrictions of the Declaration, as amended by this Amendment, by foreclosure sale, trustee's sale, deed in lieu of foreclosure or otherwise. 6. Captions. The titles, headings and captions used in this Amendment are for convenience only and shall not be considered nor referred to in resolving questions of interpretation and construction. 7. Governing. This Amendment shall be construed in accordance with the laws of the State of California. 8. Severability. Invalidation of any one or a portion of the covenants, conditions, restrictions or other provisions contained herein by judgment or court order shall in no way affect any other provisions hereof which shall remain in full force and effect. 9. Attorneys' Fees. In any action between the parties arising out of this Amendment, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or other relief, to its reasonable costs and expenses, including, without limitation, reasonable attorneys' fees and costs fixed by the court. 10. No Further Modification. The Declaration remains in full force, except as amended by this Amendment. 11, Conflicts. If any conflict between this Amendment and the Declaration should arise, the terms of this Amendment shall control. [SIGNATURES ON NEXT PAGE] 810049,01 ILA U906 t-002110-23-081j I pli Ip -3- 2016-11-15 3-2016-11-15 Agenda Packet Page 377 465 IN WITNESS WHEREOF, Eastlake, Foundation and USOC have executed this Amendment as of the date first written above. EASTLAKE: The EastLake Comjany a California limited liability,co y By: I I Qi itle: By: r1 Name: hit Title: U t(t, E -?5 A [Signatures Continue on Next Page] 810049,01 ILA U9061-002110-23-08lj 1pljlp -4- 2016-11-15 Agenda Packet Page 378 466 FOUNDATION: SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION, a California non-profit corporation By: �. ame: i WeLL� �itle: (Signatures Continue on Next Page] 810049.01/LA U9061-002!10-23-09Jj1pljlp "5- 2016-11-15 Agenda Packet Page 379 USOC: UNITED STATES OLYMPIC COMMITTEE, a congressio hartered not-f, i o aniz ion By: Name: Title: By: Name: �Q % Title: 810049.011LA U9061-002110.23-08/i Iplj Ip -6- 2016-11-15 Agenda Packet Page 380 4s$ ACKNOWLEDGMENT State of-C�� } County of T e, t- C� L p s } On before me, �S'EL/�tl� S. W • M�il�Son/ (insert name and title of the officer) personally appeared "C C c LL. fro G—L L— who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. O 2 E C;.�n/ I certify under PENALTY OF PERJURY under the laws of the State of£'alzfarn that the foregoing paragraph is true and correct. , . WITNESS my hand and ial seal. N8WSEALNADWN Signature WCOIIAS S�> ES Nov 1111?2009 ACKNOWLEDGMENT State of California ) County of ) On ,before me, , (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 810049.01/t.A U9061-002110-23-081j Ip/i Ip -7- 2016-11-15 Agenda Packet Page 381 ACKNOWLEDGMENT 469 State of California } County of � 2 ) On t,-�6' o a mq , before me,41mkV C P'0AW , (insert name d title or the or) personally appeared - ff7 B who proved to me on the basis of satisfactory evidence to be the perso s ho a nam (s is re subscribed to the within instrument and acknowledged to Wthei he/sh the executed t e same in his/her eir uthorized capacit ies , and that by hisiheignatu s on the instrument the perso s or the entity upon be alf of which the persoed, executed the instrument. I certify under PENALTY OF PERJURY under QW4 '0 S k E CAC C. r t the foregoing paragraph is true and correct. �# 1W8M Noby A�-CMOM WITNESS my hand and official seal. b^�CW* NNComm.�M�hb 4l. 1 Signature 14 (. la'1 (Seal) ACKNOWLEDGMENT State of California ) County of ) On , before me, , (insert name and title of the officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 814449,421 A �7 /d Ue061-442110.23-08/jlpljlp 1 ! 2016-11-15 Agenda Packet Page 382 ACKNOWLEDGMENT 4'?o State of C. 01 o(aa U ) County of 1 �I5() _) On �X UYI LW 19a�Q�(�, before me, 04ev , (insert name and title o officer) personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)(&re subscribed to the within instrument and acknowledged to me that 40�he/they executed the same ir(E>ier/their authorized capacityki•es); and that bylber/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of th W of atkat the foregoing paragraph is true and correct. ���NApp0C 110. WITNESS my.hand and official seal. Signature1h kySCID V74&C�'AP&�'��)&%'aAtCkK/N2 WLEDGMENT "Iffillit1� 0 State of ' �Q�� ) County of ) On , before me, f'.eneza--'J {insert name and tide of'the officer) personally appeared Z who proved to me on the basis of satisfactory evidence to be the pers s) whose name(s) re subscribed to the within instrument and acknowledged to a that h t�h hey executed the same in hi e heir authorized capacity{.ie , and that by hi lie heir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of �at the foregoing paragraph is true and correct. WITNESS my hand and official seal. ",%uui►111. O AAAA �: y-a9-09 J�,I HADDD Sifgnature ; I(SW*.0 1ao- / Cn= ~f~ • 00 8�)qeq 0 u 6.tj ����i� F C OXJO ;S' 06t4LA U 9061.002002/10-23-OA/jlpljlp 2016-11-15 Agenda Packet Page 383 0 EXHIBIT "A" 411 LEGAL DESCRIPTION OF PROPERTY PARCEL 1 OF PARCEL MAP NO. 16318, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, DECEMBER 6, 1990 AS FILE NO. 90-652175 OF OFFICIAL RECORDS. EXCEPTING THEREFROM AN UNDIVIDED 112 INTEREST IN ALL OIL, GAS, AND MINERALS OWNED BY GRANTOR 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY ON THE SURFACE OF SAID LAND, AS RESERVED IN THAT CERTAIN DEED RECORDED FEBRUARY 16, 1994 AS FILE NO. 1994-0104492, OFFICIAL RECORDS. 810049.01/1.A U9061-002110-23-08111pfjlp EXHIBIT"A" 2016-11-15 Agenda Packet Page 384 Exhibit H ARBITRATION OF DISPUTES ANY DISPUTE OR CONTROVERSY THAT RELATES TO THIS LEASE AND OPERATIONS AGREEMENT (REFERRED TO IN THIS Exhibit H AS THE "AGREEMENT") SHALL BE SUBMITTED TO AND SETTLED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION OR ITS SUCCESSOR (THE "SERVICE") IN ACCORDANCE WITH THE USUAL RULES, REGULATIONS AND PROCEDURES OF AAA APPLICABLE TO ANY COMMERCIAL DISPUTE OR CONTROVERSY, SUBJECT TO THE FOLLOWING PROVISIONS: (A) THE PARTY SEEKING ARBITRATION SHALL DELIVER A WRITTEN NOTICE OF DEMAND TO RESOLVE DISPUTE (THE "DEMAND") TO THE OTHER PARTY TO SUCH DISPUTE AND TO AAA. THE DEMAND SHALL INCLUDE A BRIEF STATEMENT OF THE CONTROVERSY OR DISPUTE AND THE NAME OF THE SINGLE PROPOSED RETIRED JUDGE OR ATTORNEY FROM AAA TO DECIDE THE DISPUTE ("ARBITRATOR"). WITHIN TEN (10) DAYS AFTER THE EFFECTIVE DATE OF THE DEMAND, THE OTHER PARTY AGAINST WHOM A DEMAND IS MADE SHALL DELIVER A WRITTEN RESPONSE TO THE DEMANDING PARTY AND AAA. SUCH RESPONSE SHALL INCLUDE A BRIEF STATEMENT OF THE CONTROVERSY OR DISPUTE, AND SHALL ALSO STATE WHETHER SUCH PARTY AGREES TO THE ARBITRATOR CHOSEN BY THE DEMANDING PARTY. IN THE EVENT THE PARTIES CANNOT AGREE UPON AN ARBITRATOR, THEN AAA SHALL SELECT AND NAME A SINGLE ARBITRATOR TO CONDUCT THE HEARING. (B) THE LOCALE OF THE ARBITRATION SHALL BE IN SAN DIEGO COUNTY, CALIFORNIA, UNLESS OTHERWISE AGREED TO BY THE PARTIES IN WRITING. (C) IN THE EVENT AAA IS NO LONGER IN BUSINESS AND THERE IS NO COMPARABLE SUCCESSOR, THEN THE PARTIES SHALL AGREE UPON ANOTHER ARBITRATOR. IF THE PARTIES CANNOT AGREE UPON ANOTHER ARBITRATOR, THEN A SINGLE NEUTRAL ARBITRATOR SHALL BE APPOINTED PURSUANT TO SECTION 1281.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. (D) THERE SHALL BE NO RIGHT TO DISCOVERY EXCEPT BY STIPULATION OF THE PARTIES OR PURSUANT TO THE DISCRETION OF AAA BUT IN NO EVENT SHALL SUCH DISCOVERY EXCEED ONE EXCHANGE OF DOCUMENT REQUESTS AND TWO DEPOSITIONS. (E) THE ARBITRATOR'S POWERS SHALL BE LIMITED AS FOLLOWS: (i) THE ARBITRATOR SHALL FOLLOW THE SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA, NOT INCLUDING RULES OF EVIDENCE, AND THE ARBITRATOR'S DECISION SHALL BE SUBJECT TO APPEAL THEREON AS 2016-11-15 Agenda Packet Page 385 WOULD THE DECISION OF THE SUPERIOR COURT OF THE STATE OF CALIFORNIA SITTING WITHOUT A JURY, AND ANY SUCH APPEAL MAY BE FILED BY AN APPELLANT WITH EITHER A COURT HAVING VALID JURISDICTION OR PURSUANT TO AAA'S OPTIONAL APPELLATE ARBITRATION RULES, (ii) THE ARBITRATOR SHALL NOT CONSIDER ANYTHING OUTSIDE THE RECORD UNLESS NOTICE IS GIVEN TO ALL PARTIES WITH THE OPPORTUNITY TO RESPOND TO SUCH MATTERS, (iii) THE ARBITRATOR SHALL HAVE NO POWER TO MODIFY ANY OF THE PROVISIONS OF THE AGREEMENT AND THE ARBITRATOR'S JURISDICTION IS LIMITED ACCORDINGLY, (iv) THE ARBITRATOR SHALL PREPARE AND SERVE A WRITTEN DECISION WHICH DETERMINES THE DISPUTE, CONTROVERSY, OR CLAIM AND WHICH DESIGNATES THE PARTY AGAINST WHOSE POSITION THE DECISION IS RENDERED, AND (v) JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. (F) THE COSTS OF THE RESOLUTION SHALL BE DIVIDED EQUALLY BETWEEN ALL OF THE PARTIES TO SUCH ARBITRATION PROCEEDING, PROVIDED, HOWEVER, THAT SUCH COSTS, ALONG WITH ALL OTHER COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND/OR EXPERT WITNESS FEES, SHALL BE SUBJECT TO AWARD, IN FULL OR IN PART, BY THE ARBITRATOR, IN THE ARBITRATOR'S DISCRETION, TO THE PREVAILING PARTY. UNLESS THE ARBITRATOR SO AWARDS ATTORNEYS' FEES, EACH PARTY SHALL BE RESPONSIBLE FOR SUCH PARTY'S OWN ATTORNEYS' FEES. (G) TO THE EXTENT POSSIBLE, THE ARBITRATION HEARING SHALL BE CONDUCTED ON CONSECUTIVE DAYS, EXCLUDING SATURDAYS, SUNDAYS AND HOLIDAYS, UNTIL THE COMPLETION OF THE PROCEEDING. (H) IN CONNECTION WITH ANY ARBITRATION PROCEEDINGS COMMENCED HEREUNDER, THE ARBITRATOR AND/OR ANY PARTY SHALL HAVE THE RIGHT TO JOIN ANY THIRD PARTIES IN SUCH PROCEEDINGS IN ORDER TO RESOLVE ANY OTHER DISPUTES, THE FACTS OF WHICH ARE RELATED TO THE MATTERS SUBMITTED FOR ARBITRATION HEREUNDER. INITIALS OF CITY INITIALS OF LESSEE 2016-11-15 Agenda Packet Page 386 Exhibit T QUALIFIED ATHLETE As used in this Agreement, the term "Qualified Athlete" shall include any and all of the following: 1. U.S. Olympic caliber athletes and national teams (including, without limitation, junior national teams or their equivalent) in training for the Olympic, Paralympic, Pan American Games, or World Championships, including trials, other qualifying events, and training or evaluation camps for the selection of those teams or athletes for said games. 2. International and national caliber athletes from or representing a country other than the U.S. in Olympic, Paralympic and Pan American Games sports. 2016-11-15 Agenda Packet Page 387 Exhibit J TIER 1 RATES* 2017 Pricing Tier 1 Onsite Guest $95 Offsite Guest $70 Facility Guest $30 Individual Meal $18 *Subject to annual increases determined by CITY and Operator 317049027.20 2016-11-15 Agenda Packet Page 388 PETERSON & PRICE A PROFESSIONAL CORPORATION LAWYERS EDWARD F.WHITTLER 530 B.Street,Suite 1800 PAUL A.PETERSON Retired MARSHAL A.SCARR San Diego,CA 92101-4476 MATTHEW A.PETERSON ' SOL PRICE AMY STRIDER HARLEMAN Telephone(619)234-0361 1916 - 2009 DEBORAH RESNICOV Fax{619)234-4786 W W W.,petersonprice.cern October 14,2016 File No.7576.001 Glen R. Googins, City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Re: Approval of Assignment of Easton Archery Center Lease Dear Glen: Subject to the occurrence of the events set forth in paragraphs 1 and 2 below,this letter constitutes approval by the Easton Sports Development Foundation("Easton")of the assignment by the United States Olympic Committee("USOC")to the City of Chula Vista("City")of all of USOC's rights under that certain License Lease and Operations Agreement dated June 13,2012, as amended,between Easton and the USOC ("Original Lease"),as modified by that certain Amended and Restated License, Lease and Operation Agreement between the City and Easton in the form attached hereto ("Amended Lease"). This letter is intended to satisfy, for the benefit of USOC and City, Easton's"Third Party Approval"of the assignment of the Original Lease accordance with Sections 4.1.1 and 4.3.1 of that certain Agreement of Property Transfer and Joint Escrow Instructions between the USOC and the City dated March 31, 2016("Transfer Agreement"). Easton further agrees to execute and by bound by the Amended Lease, subject to the following conditions precedent: 1. The USOC and Easton Sports Development Foundation 11 (ESDF 11) sign a Termination Agreement terminating the Housing Development Agreement and the Contribution Agreement previously executed by ESDF II and the USOC in the form of Termination Agreement approved by the USOC and ESDF II. 2. City takes any and all actions necessary for final City approval of the Amended Lease and executes same. You have indicated on behalf of the City that City staff has approved the Amended Lease in the form attached and will be recommending its approval to the City Council at the next available City Council meeting,not later than November 15, 2016. 2016-11-15 Agenda Packet Page 389 Glen Googins,City Attorney City of Chula Vista October 14,2016 Page 2 of 2 Easton and City agree to cooperate and take any and all appropriate and necessary actions to finalize the Amended Lease,satisfy all conditions thereto,and otherwise facilitate the implementation of the Transfer Agreement. Sincerely, PETERSON &PRICE A Professional orporation Edward F. Whittler Acknowledged and Agreed r 2016-11-15 Agenda Packet Page 390 i IN WITNESS WHEREOF, CITY and Lessee have executed this Lease as of the date first set forth above. CITY: City of Chula Vista,a chartered municipal corporation By: Printed Name: Its: Approved as to from: Glen R.Googins,City Attorney Attest: By: Its: LESSEE: EASTON SPORTS DEVELOPMENT FOUNDATION, a California no ro it public benefit corporation By: Name: reg Easton Title: President Signature Pale to Amended and Restated License,Lease and operations Agreement 2016-11-15 Agenda Packet Page 391 City of Chula Vista W_�� cITY OF AV Staff Report File#: 16-0473, Item#: 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2016/2017 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT DR208, "PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES FOR TELEGRAPH CANYON CHANNEL PROJECT" AND APPROPRIATING $800,000 FROM THE AVAILABLE BALANCE OF THE TELEGRAPH CANYON DRAINAGE FEE FUND TO CIP NO. DR208 (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council adopt the resolution. SUMMARY An appropriation of$800,000 to CIP No. DR208 is required to cover the preliminary engineering, right -of-way and environmental tasks related to the Telegraph Canyon Channel project. 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 Determination 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 involves only the allocation of funding; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Although environmental review is not necessary at this time, once projects have been defined, environmental review will be required and a CEQA determination completed prior to commencement of the projects. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION In 1990, a Telegraph Canyon Drainage Channel Plan (Plan) identified drainage facilities necessary to accommodate the surface and storm water runoff resulting from development of properties within the basin. The Plan and Telegraph Canyon Drainage Development Impact Fee (DIF) were adopted and established respectively by the City Council on August 7, 1990 by adoption of Ordinance 2384. Most City of Chula Vista Page 1 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�3�92 File#: 16-0473, Item#: 10. of the drainage facilities identified in the Plan have been completed. A Plan update was needed to verify the remaining improvements using current hydrologic data. The update "Telegraph Canyon Channel Nexus Study" (Study) was completed on November 24, 2015. The Study identified the remaining drainage improvements needed within the Telegraph Canyon Drainage DIF. These improvements were identified as being insufficiently sized to convey 100-year design storm flows. The Study also developed various alternatives. These alternatives were presented to several governmental agencies such as the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service, Regional Water Quality Control Board, and California Department of Fish and Wildlife (Resource Agencies) to get their feedback on preferred design features, project scope and potential mitigation measures. The segments (Attachments 1 and 2) identified in the Study are: • Segment A- South of Third Ave and L St improvements (Engineered Natural Channel) • Segment B- Concrete Box Culvert improvements along L Street • Segment C- Concrete Box Culverts and Engineered Natural Channel improvements between Country Club Drive and Millan Court • Segment D- Millan Court to Hilltop Park improvements (Engineered Natural Channel) Currently, City staff and the consultant have completed 30% level design plans, hydrologic and stormwater quality analysis of the various alternatives and a right-of-way assessment. These remaining drainage improvements all involve natural and engineered waterbodies that require Environmental Studies, Environmental Clearance, and permits from the Resource Agencies. The project has received initial concurrence of the selected design alternatives from the Resource Agencies. In order to obtain final Environmental Clearance and permits, the project would need to progress to 65% design plans with more detailed information of the improvements and associated impacts occurring within the basin. Additionally, the 65% design plans will determine the ultimate right-of-way requirements for the project. An appropriation into the project budget is necessary to fund the following milestones: • Development of 65% level design plans (City staff) • Right-of-way acquisition (City staff) • Environmental studies, final Environmental Clearance and permit processing (Consultant) With approval of this resolution, City staff will administer a Request for Proposals for the abovementioned environmental studies and permit processing, and will return to Council to award a consultant services agreement in early 2017. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Mayor Mary Casillas Salas and Council Members John McCann, Patricia Aguilar and Pamela Bensoussan have real property holdings within 500 feet of the boundaries of the property which is the subject of this action. However, it is not reasonably foreseeable that the decision will have an effect on the Council Members' financial interests. 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 City of Chula Vista Page 2 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�3�93 File#: 16-0473, Item#: 10. insignificant. The Telegraph Canyon Drainage fee is a connection fee that was paid at the time of development of the subject parcels. The properties owned by the identified Council members are existing residences, thus, the Council members will not be subject to the fee. In addition, the properties owned by the Council members were not identified as properties subject to the fee when the Telegraph Canyon Drainage fee was adopted. Finally, the facilities to be constructed will replace and serve the same purpose as previously approved drainage facilities. Consequently, pursuant to California Code of Regulations Title 2, sections 18700, 18701(b), 18702(b), and 18702.2(c)(1), this item does not represent 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 Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The appropriation supports the Economic Vitality goal in the City's Strategic Plan. It provides for funding of drainage infrastructure needed to serve new development, which is a key City function in supporting new growth. CURRENT YEAR FISCAL IMPACT All costs associated with this procurement and preparation of the engineering and environmental tasks will be borne by the Telegraph Canyon Drainage Fee Fund. While not specifically identified in the 2015 Telegraph Canyon (Drainage) Channel Nexus Study, the proposed project partially consolidates the preliminary engineering, environmental clearance, and right of way acquisition efforts for the following eligible projects: • Third Avenue & L Street • First Avenue & Country Club Drive • Hilltop Park The proposed use of funds is therefore consistent with the 2015 Nexus Study and the Telegraph Canyon Drainage Fee Ordinance. Approval of this resolution will appropriate $800,000 from the Telegraph Canyon Drainage Fee Fund to CIP No. DR208. There is a sufficient fund balance in the Telegraph Canyon Drainage Fee Fund for this appropriation. ONGOING FISCAL IMPACT The currently available Telegraph Canyon Drainage Fee Fund funds of approximately $3.3 million (unaudited) will be used to construct the improvements (less the proposed appropriation of $800,000). Based on current proposed project estimates and the limited number of acres remaining to pay into the TC Drainage Fee program, it is anticipated that future appropriations from the Telegraph Canyon Drainage Fee Fund will need to be augmented with other funding sources (Gas Tax, Transnet, grants, etc.) in order to complete construction of all the improvements. Annual routine maintenance will be required after completion of identified improvements. City of Chula Vista Page 3 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�3�94 File#: 16-0473, Item#: 10. ATTACHMENTS Attachment 1: Exhibit A-Telegraph Canyon Fee Facilities Segments A and B map Attachment 2: Exhibit B- Telegraph Canyon Fee Facilities Segments C and D map Staff Contact: Luis Pelayo, Associate Civil Engineer. City of Chula Vista Page 4 of 4 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�3�95 EXHIBIT A: THIRD AVE AND L STREET -- -4-------------------------- 0000- - - - - - - - - - -- 000O - - - - - - - - - - __j 1 . --KE10RNEY sT - - r 112 �1- 1— 113 ".... \ 114 a V WLLAN-COURT L i I x � i 1 -COUNTRY-TE SEGMENT D-MILLAN CT TO F COST $850K ENGINEERED NATURAL CHA E T C- OYNTRY CLUB DR TO MILLAN CT %i COST �1\1VII11PN 2 BOX CU V S ENGINEERLD NjTURAL CHANNEL I ; / sM T cy RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2016/2017 CIP PROGRAM BUDGET AND ESTABLISHING A NEW CIP PROJECT DR208, "PRELIMINARY ENGINEERING AND ENVIRONMENTAL STUDIES FOR TELEGRAPH CANYON CHANNEL PROJECT" AND APPROPRIATING $800,000 FROM THE AVAILABLE BALANCE OF THE TELEGRAPH CANYON DRAINAGE FEE FUND TO CIP NO. DR208 WHEREAS, In 1990, a Telegraph Canyon Drainage Channel Plan (Plan) identified drainage facilities necessary to accommodate the surface and storm water runoff resulting from development of properties within the basin. Most of the drainage facilities identified in the Plan have been completed; and WHEREAS, an update was needed to verify the remaining improvements using current hydrologic data. The update "Telegraph Canyon Channel Nexus Study" (Study) was completed on November 24, 2015; and WHEREAS, the Study identified the remaining drainage improvements needed within the Telegraph Canyon Drainage DIF. These improvements were identified as being insufficiently sized to convey 100-year design storm flows; and WHEREAS, the remaining drainage improvements all involve natural and engineered waterbodies that require Environmental Studies, Environmental Clearance, and permits from the resource agencies; and WHEREAS, the appropriation is necessary to fund the following: a) development of 65% level design plans; b)right-of-way acquisition; and c) environmental studies and permit processing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it amend the FY 2016/2017 CIP Program Budget and establish a new CIP project DR208, "Preliminary Engineering and Environmental Studies for Telegraph Canyon Channel Project" and appropriates $800,000 from the available balance of the Telegraph Canyon Drainage Fee Fund to CIP No. DR208. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works Operations City Attorney 2016-11-15 Agenda Packet Page 398 City of Chula Vista W_�� cITY OF AV Staff Report File#: 16-0501, Item#: 11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING SUBMITTAL OF AN APPLICATION FOR A CALRECYCLE RUBBERIZED PAVEMENT GRANT OF $350,000 FOR FISCAL YEAR 2016-17 AND AUTHORIZING AND EMPOWERING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECT FOR A PERIOD OF THREE YEARS RECOMMENDED ACTION Council adopt the resolution. SUMMARY Staff proposes to submit a grant application for $350,000 for the Rubberized Pavement Grant Program 7T" Cycle (TRP7) FY 2016-17 administered by Department of Resources Recycling Recovery (CalRecycle). The purpose of the grant is to promote markets for Rubberized Asphalt Concrete (RAC) products with crumb rubber derived from California-generated waste tires. These funds will be used to supplement the funding appropriated under Major Pavement Rehabilitation FY2016/17 (STM390). CalRecycle grant application procedure requires an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants. This resolution will satisfy the grant application requirement. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act State Guidelines. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines. Thus, no further environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable DISCUSSION CalRecycle administers various grant programs to promote the State of California (State) efforts to reduce, recycle and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health and safety and the environment. The CalRecycle Rubberized Pavement Grant Program promotes markets for Rubberized Asphalt City of Chula Vista Page 1 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�3�99 File#: 16-0501, Item#: 11. Concrete (RAC) products with crumb rubber derived from California-generated waste tires. The program is designed to encourage first-time or limited users of rubberized pavement. The City is only allowed to apply for the Rubberized Chip Seal category of the grant five times. Since the City has only received two previous chip seal grants, as shown below, the City is eligible to receive this grant. The Fiscal 2016-17 Capital Improvement Program (CIP) includes the Major Pavement Rehabilitation project (STM390) for existing City streets. The priority list of locations was developed based on the recommendations of the City's Pavement Management System (PMS). If the grant is approved, it will increase the project funding and allow the City to include additional City street locations for treatment. Staff will submit the proposed list and map of locations (Attachment 1) for grant consideration under the Rubberized Chip Seal program. The City may amend this list at a later date due to field evaluations and final cost estimates during design. The grant award for this material is reimbursable at $1.00 per square yard of rubberized chip seal proposed. The grant award requires that the project construction of the RAC portion of any project must be completed by April 1, 2019. The STM390 project scope qualifies under the grant requirements and consists of the removal and replacement of failed asphalt concrete pavement (dig-outs) and resurfacing of street pavement using the Asphalt Rubber Aggregate Membrane (ARAM) seal on various streets in the City. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found that Councilmembers Pamela Bensoussan and John McCann have property holdings within 500 feet of the boundaries of the property which is the subject of this action. However, the decision solely concerns repairs, replacement or maintenance of existing streets, water, sewer, storm drainage or similar facilities. Consequently, pursuant to California Code of Regulations Title 2, sections 18700 and 18702.2(c)(1), 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. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The project supports the Strong and Secure Neighborhoods Strategic Goal as the rehabilitation of existing pavements is necessary in order to extend the roadway life in a cost-effective manner, maintain safe roadway travel conditions and avoid further deterioration of pavement and base material. CURRENT YEAR FISCAL IMPACT There is no direct fiscal impact to the General Fund. The grant funds will increase the CIP project City of Chula Vista Page 2 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�00 File#: 16-0501, Item#: 11. STM390 authorized funding of $3.8 million from TransNet by a maximum amount of $350,000 and thereby allowing the City to rehabilitate additional street locations. ONGOING FISCAL IMPACT If funds are awarded, the improvements, upon the completion of the project, will require only routine City maintenance. ATTACHMENTS 1. Project Location Lists and Map 2. Exhibit B: Procedures and Requirements Rubberized Pavement Grant Program 7th Cycle- Fiscal Year 2016-17 Staff Contact. Mari Malong, Associate Engineer, Public Works-Engineering City of Chula Vista Page 3 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�01 TABLE 1: RUBBERIZED CHIP SEAL LIST ATACHMENT 1 No. RoadName BegLocation ' EndLocation Area(SY) District No FCOetaii 1 ALVARADO ST THIRD AVE DEL MAR AVE 2664.78F R ResidentiallLocal 2 BEECH AV JAMES ST K ST 3560 33 2 R ResidentiallLocal- DATE AV SIERRA WY L ST 2423.67 2 R Residential/Local 5 ELDER AVJ ST KEARNEY ST 1926.0_0 2 R Residential/Local ST...... _._. ... HALSEY ST ,._u... :.. 2537.33N�N ®. a �2. .md R Residential/Local 7 � FIG AV � KEARNEY 5T SEND 1496.fl0 2 R ResidentiallLocal 8 GARRETT AV PARK WAY G 5T _ __ 1320.00 2R Residential/Local 9 GARR_ETT AV IST - MITSCHER S7 1820.00 2� _ R_Reside ntiallLocal 10 GLOVER AV _w. MANKATO STSCDS 1719.672R Residential/Local11 GUAVA AV SHA_S_TA ST 1ST _ 4090.56 2 R Residential/Local _.. 2....__-.GUAV_A_AV KEARNEY ST �-SEND ._ m 1469_5_6 2_.. R Residential/Local 13 KEARNEY ST FIFTH AVBRIGHTWOOD AV 1655.11 2 R Residential/Local 14 �KEARNEY STFOURTH AV. w E END1989.00 2_ . w R Residential/Local "OTIS ST_ 15 SM_IT_H_A_VEFIFTH AVE2561.33 � 2 R Residential/Local 16 E PARK LN_T_ DAVIDSON ST F ST _ 1540.002 R Residential/Local 17 m SHASTA ST T141RAV D E TWIN OAKS AVE 3571.56 2_:m R ResidentiallLocal 18 SHASTA 5T TWIN OAKS AVE SECOND AVE 2482.7$ 2 R Residential/Local t 19 SIERRA WYCEDAR AV_mm_m FIFTH AV _ 1961.67 2 R ResidentiallLocal 20 SIERRA WY FOURTH AV E CD_S 2284.33 2 R ResidentiallLocal 21 �-SMITH AVG STROOSEVELT ST 1986.00 �.,:...2... m R ResidentiallLocal 22� VANCE ST_ FOURTH AVE... .._...:..w. CDS _ _wW _v ._ . 1608.00 __ 2 - - IR ResidentiallLocal�� 23 - WOODLAWN AV I ST_mm HALSEY ST 2420.00 2 R ResidentiallLocal _ ., _._ _._..___.._.,..._.___.._._.._,_.._.....:... r,...a_.v _.__.. _._... _ P 24 WOODLAWN AV_ K ST __ SIERRA WY 2390.67 2 R Residential/Local 25�,....._WOODLAWN AV__ S1E_RR_A_WY _ LST_ .._...... _ ___ 2841.56 _������2 �� R_ResidentiallLocal 2 -- 6JEFFERSON AV SIERRA_WY LST _ 24_78.67 2 R Residential/Local 27 G ST THIRD AVESECOND AVE 5880.00 2 C Collector � ,63895 89 _ ....._..,..,.._ ..�..,.w.... ., __�... 28 CAR ISSA AV POINSETTIA ST RIVERA ST 1015 67 3 R ResidentiallLocal .................�.._. .��._...� ...� �._..�....,.,....._.. . .�...m 29 DIAMOND DR SW CDS SUNDROP CT 4139.67 3 R Residential/Local ... W___._.,.._....._ m . ._.:..,._, ..._.,.. ....._ �. a .. 30 HALLEY CT DIAMOND DR E CDS656.00 3 R Residential/Local _ 31 LAUREL AV ,JUNIPER ST AZALEA ST =979.00 3 � R Residential/Local 32 LAUREL AV AZALEA ST WISTERIA_ST 1023.00 3 R Residential/Local 33 LAUREL AV WISTERIA ST HEATHER CT� 1246.67 3 R ResidentiallLocal 34 LfLAG AV WISTERIA 5T LAUREL AV 3336.fi7 3 R_ResidentiallLocal 35 MARIPOSA Cl OLEANDER AV MARIPOSA Cl 1001.00 3 R Residential/Local --.Y, ..,�..,�..,-O--..,...- w.AR-[ ,:_...-S._-.:.._ -' a- " ,-,-4,_.5..._ "w. ,,...-.:. . . ��-,... 36 MARIPOSA GI MARIPOSA Ci MARIPOSA CI 4059.00 3 R ResidentiallLocal 37 MAR1P_O8A_CI W CDS _ _MARIPOSA C1 _370.33 3 R_Residential/Local 38 MARIPOSA CI _ _MARIPOSA Cl� MARIPOSA CI _2786.67 3 R Residential/Local _ 39 MONTCALM ST OSAGE AV.__,. OLEANDER AV 3898.67 3 R Residential/Local 40 NANETTE ST OASIS AV OCELOT AV 1052.33 3 R Residential/Local 41 OAK PL W GDS 0LEAN DER AV 1998.44 3 R Residential/Local 42 OSAGE AV MONT_CL_AIR ST ENAPLES ST 2259.11 3 R Residential/Local 43 OSAGE AV E NAPLES STE OXFORD ST 4397.33 3 R ResidentiallLocal 44 POINT DEFIANCE G NW CDS MORRO POINT DR 969.00 3 R Residential/Local 45 POINSETTIA ST LANTANA AV CARISSA AV 2016.67 3 R Residential/Local 46 QUAIL CT_ W CDS OLEANDER AV 1_096.33 3 R Residential/Local _ 47 RAINBOW_DR SUNDOWN LN SUNDOWN LN 3087.33 3 R Residential/Local ® REDWING Rb__ RAVEN AV ��_ OLEANDER AV u� 2687.67 W m .w 3. R ResidentiallLocalµV CT _ ... - _.__ .___ ._....___ _.__ 49 RIENSTRA CT W CDS OLEANDER AV 1221.00 3 � R ResidentialRocal 50 SATINWOOD CT N CDS SATINWOOD WY 457.11 3 R Residential/Local 51 SATINWOOD WYS CDS _ SATINWOOD CT 1892,67_ 3 _R Residential/Local 52 SATINWOOD WY w SATINWOOD CT _..OLEANDER AV 1906.67 3R Residential/Local 53 SUNDANCE CT SUNDOWN LN E CDS 865.33 3 R ResidentiallLocal 54 SUNDOWN LN NE CD5 E NAPLES ST 4532.00 3 R Residential/Local 55 SUNDROP CT DIAMOND DR E CDS 656.00 3 R_R_esidential/L_ooai THRUSH_ST_ .. _ROBIN PL OLEANDER AV. _ 1778,33 3 �m R ResidentiallLocal 57 WAXWING LN TH_RUSH_STE CDS _ 1833.33 3 _R_Residential/Local_ 58 T WISTERIA ST __._._._. OLEANDER AV T .LANTANA AV ..._..... m762.67 _ry _.._.___..._._..3_.._._.__R ResidentiallLocal 59 FINCH PL THRUSH ST SCDS 2350.33 3 R ResidentiallLocal 60 E NAPLES ST FOXBORO DR w CRESCENT^DR 2721.56 3 C Collector 1 2016-11-15 Agenda Packet Page n 'Qf 2 TABLE 1: RUBBERIZED CHIP SEAL LIST ATACHMENT l No. . RoadName BegLocation : EndLocation Area(SY) District No, FCDetail 61 E NAPLES ST CRESCENT DR MEDICAL CENTER E 6775.11 3 C Collector �. 71'.828,67 62 BAYLOR AV_ REDLANDS PL DARTMOUTH ST 4928.00 1 R Residential/Local BRISTOL CT WCDS HAMPTON CT 3124.00 1 R Residential/Local 64 COE PL STANFORD AV E CDS 1367.67 1 R Residential/Local ...-LAV _T--C �..,w __._T � � 65 CORNELL AV ELMHURST ST GOTHAM 5T 2071.67 1 R ResidentiallLocal 66 ELMHURST ST FORDHAM AV XAVIER AV 913.00 1 R ResidentiallLocal 67 ETON CT ITHACA ST SW GDS 3267.00 1 R Residential/Local 68 HARVARD ST WAYNE AV TULANE AV ----4249.67-----11--- 1 R ResidentiallLocal 69 HARVARD ST TULANE AV _ SCRIPPS AV 1012.00 1 R Residential/Local 70 ITHACA ST WAYNE AV SCRIPPS AV 5489.00 1 R ResidentiallLocal 71 -ITHACAST SC_RI_P_P5 AV RUTGERS AV 4711 fi7 1 R Residential/Local 72... MILLS ST .._..�. 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WAYNE AV GOTHAM ST ITHACA ST � 2009.33 1 R ResidentiallLocal 76 XAVIER AV ELMHURST 5T GOTHAM ST 2269.67 1 R Residential/Local 77 GOTHAM ST RUTGERS AV E END 7663.11 1_ R ResidentiallLocal .�.. .......... _ __..__......_._,_..__ ..__._.__........a_._Mv_,.. m ..m.._.. _..._._�. .� � _ AUBURN AV CORRALCANYONF 12366.22 1 A Arterial .646.51"33 . ---79 ALPINE AV NAPLES 5T EMERSON ST--1613 3-3 --4--R ResidentiallLocal 80 EMERSON ST THIRD AV DEL MAR A_ V 1227.78 4 R Residential/Local 81T GE=NTRY LN .:mM_m._.:ry FIRSTAV E END 665.78 4 R Residential/Local 82 KINGSWOOD DR TOBIAS DR HILLTOP DR 2409.00_ 4 R Residential/Local 83 PROSPECT CT TOBIAS DR N CDS 1800.33 4 R ResidentiallLocal 84 PALOMAR ST THIRD AVE _ FIRST AVE _ 18290.00 4 C Collector 85 _HILLTOP DR RIE_NS_TR_A_S_T EAST ORANGE AVE EAST 10932,67 4 C Collector u.S6�_... SST ,FOURTH AVE....:....._... 8078.89_ 4 C CollecTHIRD AVE �__w._ ti..,.w..,�.....w,..�.,.._. w..,.,....w.. �_ _-tor -,_m--- ._:._... 87 OXFORD ST TOBIAS DR HILLTOP DR 2778.22 4 C Collector 88 PALOMAR ST FOURTH AVE THIRD AVE 9127.78 4 C Collector 89 THIRD AV LST NAPLES ST 17913,67.._u 4 C Collector. ...., 90 BISHOP ST_ FIRSTAV TOBIAS DR----,--- 2423,67----,----4 R Residential/Local 91 EMERSON ST DEL MAR AV ALPINE AV 4690.67 4 R Residential/Local 92 FIRSTAV _ QUINTARD ST SEND 5344.44 4 R ResidentiallLocal 93 PROVENCE CT FIRST AV E CDS1301,67 4 R Residential/Local 94 TOBIAS DR PICO CT QUINTARD ST $47.0_0_ 4 R ResidentiallLocal 95 TOBIAS DR� SHERWOOD ST KINGSWOOD ST� 894.67 4 R Residential/Local 96 VISTA WY NAPLES ST EMERSON ST 2463.11 4 R Residential/Local `.92802.67 97 BE_RLAND WY _ WILLOWCREST WY LORI LN66_47.67 2 R Residential/Local 98 W CORTE CERRADA BU_EN TIEMPO DR ECDS ~517.56 2 R ResidentiallLocal 99 DAVID DR WILER DR DOUGLAS ST 5899.44 2 R ResidentiallLocal �..._. v w.-_._ -....m w .w...._.... 100 DOUGLAS 5T HALECREST DR CREST DR 6031.67 2 R ResidentiallLocal 101 DOUGLAS ST CREST PASEO_DEL REY 3894.0_0 2 R ResidentiallLocal m102 DOVER CT NCDS DOUGLAS ST m f T1250.33 _.._..._..R Residential/Localrr m 103 Nµ FLOYD AV__. _ EJST..__......_.._r HALE ST 7219.11_eµµ m_ 2 R Reside ntial/Local_ .04 GILBERT PL � NCDSE J ST � � 1606 00 �� 2 �R R-es id-en tia/LLoca1 105 KERNEL PL E H ST _ _ S END _432,67 2. m R Residential/Local 1210.04mm 2 R Residential/Localmrym TIFFANY CT CREST DR� ECDS 592.00 ...2. R ResidentiallLocal 108 VIA CtJRVADA BUEN TIEMPO DR LA SENDA WY 2461.56 2 R Residential/Local _. 109 WILER DR DAVID DR TIFFANY DR m 2222.00 2 R ResidentiallLocal 110 WILLOWCREST WY BERLUND WY FLOYD AVE3116.67_ 2 R ResidentiallLocal 111 E H -'STTERRA A NOVDR'm KERNELPL _ 14444.44 w, 2 A Arterial 112 CASSIA PL NCDS E J ST 1331.00 2 R Residential/Local 113 PASEO DEL REY DOUGLAS ST TELEGRAPH CANY 4167.78 2 C Collector 114 FLOYD AV WCDS E J ST _3358.67 2 R Residential/Local -7---7777777 .66402,56 , :. 35948713 L � 7 2016-11-15 Agenda Packet Page 499f 2 I_ -I ,//',, 3, ✓ a � r� h �'V� {yam €� y, u u „:,« �.. - o , r� s ;. r. 0 r7] too w � 4 i � r r. t,y ✓ 4.P J a vas y\ 7 nv: w `. w p ,r rr yy 1 Yi11 "AA, WIP, W, ho it 01 �y r a, y r a 5 1 si..a r Y� 1166 r„ 7 F .... ��i, s.µ 2016-11E _'" age 404 ATACHM V... EXHIBIT B PROCEDURES AND REQUIREM__VTS RUBBERIZED PAVEMENT GRANT PROGRAM 7th Cycle — Fiscal Year 2016-17 Copies of these Procedures and Requirements should be shared with BOTH the Finance Department AND the staff responsible for implementing the grant activities. INTRODUCTION The Rubberized Pavement Grant Program is administered through the Department of Resources Recycling and Recovery (CalRecycle). These Procedures and Requirements describe project and reporting requirements, report due dates, report contents, grant payment conditions, eligible and ineligible project costs, project completion and closeout procedures, records and audit requirements. In a Regional Grant, the term "grantee" used throughout this document refers to the Regional Lead Participant (Lead). The Lead is designated to act on behalf of all participating jurisdictions (Participants). The Lead manages the grant, is responsible for the performance of the grant and all required documentation, and administer the grant funds to its Participants on its behalf This document is attached to, and incorporated by reference, into the Grant Agreement. MILESTONES February - May 2017 Grant Term Begins on date indicated on the Notice to Proceed (NTP) April 1,2018 Progress Report Due April 1, 2019 Grant Term End Final Report and final Payment Request Due No extensions will be granted for submittal of Final Report and final Payment Request. Failure to submit the Final Report and final Payment Request with appropriate documentation by April 1, 2019 may result in rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. GRANT MANAGEMENT SYSTEM (GMS) GMS is CalRecycle's web-based grant application and grant management system. Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts are tied to a specific email address. If an email address changes, or if it becomes inactive, the grantee must create a new WebPass account to continue accessing GMS. Establish or manage a WebPass at CalRecycle's WebPass page (https://secure.calrecycle.ca.gov/WebPass/). Rubberized Pavement Grant Program, FY 2016-17 1 2016-11-15 Agenda Packet Page 405 Accessing the grant Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their web pass. After login, locate the grant in the My Awarded/Open Grants table and select the Grant Management button. The Grant Management Module includes the following sections: • Summary tab — shows approved budget, paid and remaining amounts. (This section is available to the grantee in read-only mode.) • Payment Request tab - requests reimbursement. • Reports tab- uploads required reports. • Documents tab— uploads other grant documents that are not considered supporting documents to a payment request or a report. This section also provides access to documents that were uploaded within other sections of GMS. Follow the instructions in GMS to work in the system. Use the information in the following sections to determine what reports, transactions, and supporting documents are required. Contact Updates Access to the grant is limited to those listed in the Contacts tab of the Application Module with the access check box marked. A contact may be listed but not granted access by not checking the box. Please note, if a contact is granted access to a grant they will be able to edit contacts, submit payment requests, upload reports, and view all documents. Those with access may update contact information for all contact types except Signature Authority. Email the assigned Grant Manager regarding any changes to Signature Authority information. PRIOR TO COMMENCING WORK Prior to commencing work under this grant, the grantee's Grant Manager or primary contact and authorized grant Signature Authority should review the Terms and Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key grant administrative requirements. Evaluation of the grantee's compliance with these requirements is a major focus of grant audits. Reliable Contractor Declaration Prior to authorizing a contractor(s) to commence work under this grant, the grantee shall submit to the Grant Manager a declaration from the contractor(s), signed under penalty of perjury, stating that within the preceding three (3) years, none of the events listed in Section 17050 of Title 14 (www.caIrecycle.ca.gov/Laws/Regulations/Title14/ch1.htm#ch1a5), California Code of Regulations, Natural Resources, Division 7, has occurred with respect to the contractor(s) and the subcontractor(s), respectively. If a (sub) contractor is placed on the CalRecycle Unreliable List after award of this grant, the grantee may be required to terminate that contract. Obtain the Reliable Contractor Declaration form (CalRecycle 168) from CalRecycle's form web page (www.calrecycle.ca.gov/Funding/Forms). A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in GMS. To upload the form: 1. Go to the Reports tab. Rubberized Pavement Grant Program, FY 2016-17 2 2016-11-15 Agenda Packet Page 406 2. Click on Reliable Contractor Declaration under Report Type. 3. Click the Add Document button. 4. Select Reliable Contractor Declaration in the Document Type drop down box, enter a document title, click the Browse button to search and upload the document, and then Save. 5. Click on the Submit Report button. For further instructions regarding GMS, including login directions, see the section above titled Grant Management System. GRANT TERM The Grant Term starts on the date indicated in the NTP. The Grant Term ends on April 1, 2019. This is also the date the Final Report and final Payment Request are due to CalRecycle. Grant-eligible program expenditures may start no earlier than the date indicated in the NTP. Eligible program costs must be incurred no later than April 1, 2019. PERMITTING The grantee is responsible for ensuring that the entire project, not just the portion reimbursed by this Grant, is in compliance with all federal, state, and local laws and permitting requirements. The grantee is also responsible for ensuring that project contractors and subcontractors have all necessary permits and licenses to perform the work for which they are hired, including, but not limited to, permitting by the appropriate Air Pollution Control District, Air Quality Management District, or other local air quality agency when required. Failure to comply with permitting requirements may result in denial of payment under this Grant. PROJECT REQUIREMENTS All projects are subject to the following requirements: • The grantee will construct one or more Rubberized Asphalt Concrete (RAC) Hot- Mix or Rubberized Chip Seal project(s) at the location(s) specified in the approved grant application, unless otherwise approved by the Grant Manager (Work Plan and Changes/Modifications section). • Only California-generated waste tires, processed in California, shall be used in the crumb rubber portion of the project(s). Recycled end-of-life crumb rubber that meets all specifications and standards can be used, as appropriate, with prior written permission from the Grant Manager. • The project(s) must be located in California. • The binder material must contain a minimum of 300 pounds (equivalent to 15 percent by weight) of tire-derived crumb rubber per ton of rubberized binder. The binder may be either asphalt rubber/field blend or terminal blend. • Reimbursement will not exceed the amount stated on the Grant Agreement Cover Sheet (CalRecycle 110). • Construction of the RAC portion of any project must commence on or after the date indicated in the NTP and be completed by April 1, 2019. Additionally, the following project requirements are specific to the individual project as indicated: Rubberized Pavement Grant Program, FY 2016-17 3 2016-11-15 Agenda Packet Page 407 RAC Hot-Mix (Hot-Mix) Project • Project(s) must use a minimum of 3,500 tons of RAC hot-mix. • If a grantee has not previously received a CalRecycle Pavement or RAC grant, appropriate grantee staff must attend a CalRecycle-sponsored training before beginning the project. Topics for the training are typically in one-hour modules and may include a general introduction to the program or a more detailed discussion regarding the RAC manufacturing and construction processes and procedures. Rubberized Chip Seal (Chip Seal) Project • Project(s) must use a minimum area of 40,000 square yards of chip seal material. Reimbursement Rates The following table provides reimbursement rates, as approved in the application, by grant category for both individual and regional grants. Regional grants will be reimbursed at the RAC-1 and/or Chip Seal rate, as applicable. Refer to your "Approved Project Summary & Calculation" document uploaded in GMS for your approved category and reimbursement rate. Tier 1* Grant Category (Los Angeles, ©range, Riverside, Tier 2** Sane Bernardino, and Ventura (All other counties) Counties) RAC — 1*** $10 per ton $20 per ton RAC — 2 $7 per ton $14 per ton RAC — 3 $4 per ton $8 per ton Chip Seal $0.50 per square yard $1 per square yard * Reimbursement is based on a $10 per ton base rate for hot-mix projects **Reimbursement is based on a $20 per ton base rate for hot-mix projects ***If approved for full differential, reimbursement is based on the differential cost between the actual conventional and rubberized asphalt costs for hot-mix projects. Regional grantees receive the RAC— 1 rate for hot mix and the regular rate for chip seal. PROJECT ACKNOWLEDGEMENT REQUIREMENTS By April 1, 2019, the grantee must list on their website, for a minimum period of one year, an acknowledgement of CalRecycle's funding and the waste tire diversion amounts for the project(s). The acknowledgement must include the following three required components: 1. Funded by grant from CalRecycle 2. CalRecycle Logo' 3. Number of California waste tires2 diverted from the waste stream by this project ' CalRecycle Logos are available in the Image Gallery web site (http://www.caIrecycle.ca.gov/Gallery/Logos/); or contact your Grant Manager. Rubberized Pavement Grant Program, FY 2016-17 4 2016-11-15 Agenda Packet Page 408 2 To determine the number of tires diverted, refer to the Rubberized Pavement Certification Form (CalRecycle 739-TRP) or the Payment Calculation Summary (CalRecycle 748-TRP) for the calculation formula. This is typically calculated after construction. When the web site acknowledgement posting is problematic due to grantee-specific issues, the grantee may substitute alternative forms of acknowledgement requirements upon written pre-approval from the Grant Manager. The alternative must include the three required components listed above. Alternatives to the web site posting acknowledgement requirement must include one or more of the following: • Utility bill inserts • Newspaper ads/stories • Local radio • Television public service announcement (PSA) • Rubberized Asphalt Concrete Signage (http://www.caIrecycle.ca.gov/Tires/Grants/Resources/#Signage) placed in a prominent location at the project site(s), where it must be permanent for a minimum period of one year after project completion. If this alternative is used, a digital photograph of the signage at the project site must be provided with the final report. WORK PLAN AND CHANGES/MODIFICATIONS Proposed changes or modifications to the approved project(s) must be requested in writing to the Grant Manager. The request must include the reason for change and a revised Project Summary and Calculation. The Grant Manager must approve the proposed changes in writing prior to the grantee performing any changes or incurring any related costs. The approval document should be retained by the grantee for audit purposes. See Audit Record/Access section of the Terms and Conditions (Exhibit A). For a regional grant, changes that would remove one or more participating jurisdictions from the grant will be evaluated on a case-by-case basis to determine whether the grant amount and/or reimbursement rate should be adjusted. ELIGIBLE COSTS Eligible costs include expenditures incurred and paid for eligible paving material delivered and installed during the Grant Term (from the date indicated in the NTP through April 1, 2019. INELIGIBLE COSTS Ineligible costs include, but are not limited to: • Costs incurred for projects that start construction of the RAC paving prior to the date indicated in the NTP, or end construction after April 1, 2019. • Projects utilizing crumb rubber material that is not made from only California- generated waste tires processed in California. • Recycled end-of-life crumb rubber that does not meet all specifications and standards. Rubberized Pavement Grant Program, FY 2016-17 5 2016-11-15 Agenda Packet Page 409 • Projects using less than the required amount of crumb rubber, as specified in Project Requirements. • Binder material not meeting the minimum 300 pounds (equivalent to 15 percent by weight) of tire-derived crumb rubber per ton of rubberized binder. • Slurry Seal material/application (whether or not they contain rubber). In a cape seal project, the slurry seal portion is not an eligible cost. • Testing costs. • Personnel costs, including fringe benefits. • Overhead and/or indirect costs. • Any other costs deemed unreasonable or unrelated to the purpose of the grant by the Grant Manager. REPORTING REQUIREMENTS A Progress Report and a Final Report are required by this Agreement; however, the Grant Manager may request a Progress Report at any time during the Grant Term. All reports must be uploaded in GMS. For further instructions regarding GMS, including login directions, see the section above entitled, Grant Management System. To upload a report: 1. Go to the Reports tab. 2. Click on the appropriate Report Type. 3. Click on the Add Document button. 4. Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. • You may upload multiple documents to complete reporting requirements. • The maximum allowable file size is 35MB. 5. Click the Submit button when the report is complete. The reports must be current, include all required sections and documents, and must be approved by the Grant Manager before any Payment Request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and may result in the termination of this Agreement or rejection of the Payment Request and/or forfeiture by the grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Manager. PROGRESS REPORT The grantee must submit a Progress Report by April 1, 2018. This report should cover grant activities that occurred from the date indicated in the NTP through April 1, 2018. The Progress Report must address the work completed during the reporting period and be accompanied by all required supporting documentation, including pre-construction photographs. The Progress Report must be submitted even if no work has started on the project. If you are submitting a Grant Payment Request at the same time as your Progress Report, you must follow the guidelines under the Final Report. The Progress Report must be prepared in the format specified below and uploaded into the GMS system, see "Reporting Requirements"section for instructions. Rubberized Pavement Grant Program, FY 2016-17 6 2016-11-15 Agenda Packet Page 410 For a Regional Grant, the Lead will be responsible for compiling all reporting documentation from its Participant(s). PROGRESS REPORT COMPONENTS Cover Page • Name of the grantee • Grant number • Amount of grant award • Dates of report coverage • Report preparation date • Disclaimer statement, as follows: "The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery, its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text." Project Summary and Status Provide a brief description of the progress of the rubberized pavement project(s) including: • Approved, completed and in-process project(s) • The timeline for completion of remaining project(s) • Results Achieved • Problems encountered or anticipated • Provide a brief description of any changes to the project and/or schedule including: 1. Changes in grantee contact information 2. Changes or modifications to the original project FINAL REPORT The Final Report may be submitted at any time after the project is completed, but must be submitted no later than April 1, 2019. This report should cover grant activities from the NTP through April 1, 2019, or completion of project, whichever is sooner. Failure to submit the Final Report with appropriate documentation by April 1, 2019, may result in rejection of the final Grant Payment Request and/or forfeiture by the grantee of any claims for reimbursement of otherwise eligible costs. The Final Report must be prepared in the format specified below and must be uploaded into the GMS system, see Reporting Requirements section for instructions; you may need to upload multiple documents to complete all the requirements listed below. If requested, the grantee shall make an oral presentation to CalRecycle. For a Regional Grant, the Lead will be responsible for compiling all reporting documentation from its Participant(s). Rubberized Pavement Grant Program, FY 2016-17 7 2016-11-15 Agenda Packet Page 411 FINAL REPORT COMPONENTS Cover Page • Name of the grantee • Grant number • Amount of grant award • Dates of report coverage • Report preparation date • Disclaimer statement, as follows: "The statements and conclusions of this report are those of the grantee and not necessarily those of the Department of Resources Recycling and Recovery, its employees, or the State of California. The State makes no warranty, express or implied, and assumes no liability for the information contained in the succeeding text." Table of Contents Identify report contents and corresponding page numbers. Project Summary and Status Provide a concise Executive Summary of the project(s). Within the narrative of the report, the following information must be included: • Amount of rubberized pavement material used (tons for hot-mix, square yards for chip seal) • General Information (thickness of paving, type of mix — e.g. asphalt-rubber, type G, gap graded, open graded, dense graded, warm mix, etc.) • Binder information — asphalt-rubber/field blend or terminal blend (include: asphalt cement type/grade, percent crumb rubber, percent binder in mix) • Cost of material (cost per ton of hot-mix, cost per square yard of chip seal) • Problems encountered • Total pounds of crumb rubber used in project(s) Refer to the Payment Calculation Summary form (CalRecycle 748-TRP) to calculate total pounds. See "Payment Calculation Summary Form" section for more information. For Hot-Mix Projects: the total pounds of crumb rubber can be derived by determining the amount (pounds) of crumb rubber per ton of hot mix and then multiplying this number by the total tons of hot mix used in the project(s). The amount (pounds) of crumb rubber per ton of hot mix can be derived by multiplying the percent binder in the mix (usually between 7-8 percent for asphalt rubber) and the percent of crumb rubber in the binder [usually 15-20 percent for asphalt rubber (minimum of 15 percent for the grant project(s)] multiplied by 2000 (pounds per ton). For Chip Seal Projects: the total pounds of crumb rubber are derived by multiplying the amount (pounds) of binder used in the project(s) and the percent of crumb rubber in the binder [usually 15-20 percent for asphalt rubber (minimum of 15 percent for the grant project(s)]. Rubberized Pavement Grant Program, FY 2016-17 8 2016-11-15 Agenda Packet Page 412 Waste Tires Diverted Total number of California waste tires diverted from the waste stream as a result of the project's completion. This number can be calculated when completing the Rubberized Pavement Certification form (CalRecycle 739-TRP) and the Payment Calculation Summary form (CalRecycle 748-TRP). For more details about these forms, refer to item C of the Supporting Documentation section in the Payment Request and Documentation section and the Payment Calculation Summary Form section. These forms are available at the CalRecycle Grant Forms website (http://www.caIrecycle.ca.gov/Grants/Forms/). Photographs Two digital photographs of the completed project. Pre-construction photographs are highly recommended, however, not mandatory. Project Acknowledgement Include a copy of your internet web page (or alternative) project acknowledgement, including the web address (URL). See Project Acknowledgement Requirements section for more alternatives. If signage alternative is used, a digital photograph of the signage at the project site must be provided with the final report. Contractor Summary List of all contractors and subcontractors that supplied rubberized asphalt materials for the project. For each contractor and subcontractor the following information must be included: • Name of Firm • Contact person • Address • Concise statement of work completed • Time period in which the work was completed • Amount paid • A copy of the Reliable Contractor Declaration (CalRecycle 168) required by Exhibit A— Terms and Conditions (Unreliable List) and filed for each contractor and subcontractor at the beginning of the project Additionally, provide the subcontractor for the following (if applicable): • Binder Supplier • Hot-Mix/Chip Seal Manufacturer • California Crumb Rubber Provider 'Refer to your paving/prime contractor for this information. PAYMENT CALCULATION SUMMARY FORM As part of the Final Report submittal, a Payment Calculation Summary form (CalRecycle 748-TRP) must be uploaded in GMS. Complete the form, as appropriate. Enter locations of paving (list of streets) and limits of paving (point A to point B). Pounds of crumb rubber used and number of waste tires diverted can be calculated by completing this form. Samples of completed form are provided on the last three tabs of the document. Various options are displayed showing different ways to enter street names and group data for easy-to-follow calculations. The last tab (titled Page 1 Regional Sample) illustrates a sample for a Regional Grant. ABC County is the Lead and City of XYZ is the Participant, requesting reimbursement for a joint hot-mix project. Rubberized Pavement Grant Program, FY 2016-17 9 2016-11-15 Agenda Packet Page 413 The form is available at the CalRecycle Grant Forms website (http://www.caIrecycle.ca.gov/Grants/Forms/). Save and upload the completed form as an Excel file. Do not save as a PDF file. GRANT PAYMENT INFORMATION 1. Payment to the grantee for eligible grant expenses is made on a reimbursement basis only and for only those materials and services specified in the approved grant application. 2. Reimbursement maybe requested only twice during the grant term. In conjunction with (or after) submission of the Progress Report and in conjunction with the Final Report. When the Progress Report is submitted, the grantee must follow the reporting guidelines under the Final Report Components. 3. The grantee must submit the required Progress Report/Final Report, and the Grant Manager must approve the report prior to, or concurrent with, submission of the Grant Payment Request. 4. The grantee must submit a completed Grant Payment Request and provide supporting documentation as described in the "Payment Request and Documentation" section for completed project(s) only. 5. Grant payments will only be made to the grantee. It is the grantee's responsibility to pay all contractors and subcontractors for purchased goods and services. 6. Ten percent of each approved Grant Payment Request will be withheld and retained until all conditions stipulated in the Agreement, including submission and Grant Manager approval of the Progress and/or Final Report, have been satisfied. 7. CalRecycle will make payments to the grantee as promptly as fiscal procedures permit. The grantee can typically expect payment approximately 45 days from the date a Grant Payment Request is approved by the Grant Manager. 8. The grantee must provide a Reliable Contractor Declaration (CalRecycle 168) (http://www.caIrecycle.ca.gov/Funding/forms/) signed under penalty of perjury by the grantee's contractor(s) and subcontractor(s) in accordance with the "Reliable Contractor Declaration" provision of the Terms and Conditions (Exhibit A). The declaration must be received and approved by the Grant Manager prior to commencement of work. See "Reliable Contractor Declaration" provision in Terms and Conditions (Exhibit A) for more information. PAYMENT REQUEST AND DOCUMENTATION Payment requests must be submitted in GMS. For further instructions regarding GMS, including login directions, see the section above entitled, Grant Management System. To submit a Grant Payment Request: 1. Go to the Payment Request tab. 2. Click on the Create a Payment Request button. • Choose Reimburse for the Transaction Type and enter the amount spent in each budget sub category. • When the transaction is complete, click the Save button. • After the transaction is saved, the Upload Supporting Documentation button will appear in the lower right corner. 3. Click the Upload Supporting Documentation button. • Choose the Document Type, enter a document title, click the Browse button to search and upload the document, and then Save. Rubberized Pavement Grant Program, FY 2016-17 10 2016-11-15 Agenda Packet Page 414 • Select the Back button to upload another document and continue this process until all required supporting documents as listed below are uploaded. • The maximum allowable file size for each document is 35MB. 4. Click the Submit Transaction button, located on the transaction page, to complete your payment request (including uploading all the documents listed below). Supporting Documentation A. A scanned copy of the Grant Payment Request form. Mail only the original Grant Payment Request form (CalRecycle 87), with the original signature of the signatory or his/her designee*, as authorized by grantee's Resolution or Letter of Commitment to: Via standard mail; Via couriedpersor�al delivery: Department of Resources Department of Resources Recycling Recycling and Recovery and Recovery Rubberized Pavement Grant Rubberized Pavement Grant Program Program FiRM Branch, 13th Floor FiRM Branch, 13th Floor P.O. Box 4025 1001 1 Street Sacramento, CA 95812-4025 Sacramento, CA 95814 *A designee may sign on behalf of the grantee if a) authorized by the Resolution or Letter of Commitment, and b) a Letter of Designation has been provided to the Grant Manager. B. Cost and payment documentation, such as invoices; receipts, weigh tickets or approved progress payment authorizations containing: • Vendor name, phone number or address, purchase amount and date • Description of goods or services • Proof of payment (e.g., copies of cancelled checks, bank statements, invoice marked as paid with corresponding receipts or cancelled checks) • Amount of hot-mix or chip seal material produced for the project For a Regional Grant, the Lead will be responsible for compiling all payment documentation from its Participant(s). C. A scanned copy of the Rubberized Pavement Certification form (CalRecycle 739-TRP). You must provide verification that only California-generated waste tires, processed in California were used (in an appropriate amount) in the crumb rubber portion of the project by signing and uploading this form via GMS. This form will be completed by your Binder Supplier. Provide copies of supporting documentation that validates only California- generated waste tires, processed in California were used for this grant project. Acceptable forms of supporting documentation include: Certificate of Compliance, Certificate of Origin, or Bill of Lading. Request your Crumb Rubber Provider to supply this document. Rubberized Pavement Grant Program, FY 2016-17 11 2016-11-15 Agenda Packet Page 415 Refer to your paving/prime contractor to determine who your Binder Supplier and Crumb Rubber Provider is for the project(s). Note: All supporting documentation must be maintained in accordance with the "Audit/Records Access" section of Exhibit A — Terms and Conditions. All forms listed above can be downloaded from the CalRecycle Grant Forms website (http://www.calrecycle.ca.gov/Funding/Forms). AUDIT CONSIDERATIONS The grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a minimum of three (3) years after final payment date or Grant Term end date, whichever is later. A longer period of records retention may be stipulated in order to complete any action and/or resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. Examples of audit documentation include, but are not limited to, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. Please refer to the Terms and Conditions (Exhibit A) for more information. ANNUAL SURVEY Post-grant term Annual Surveys are encouraged by this Agreement to help assess your long-term satisfaction with the rubberized pavement projects funded by this Grant Agreement. The grantee must complete and submit an Annual Survey for the Rubberized Pavement Grant Program every year for five (5) years after the grant is closed. You will be notified via e-mail once the annual online survey (http://www.caIrecycle.ca.gov/Tires/Grants/Pavement/defauIt.htm) is available. Note: The link to the survey is only active during the survey period. Rubberized Pavement Grant Program, FY 2016-17 12 2016-11-15 Agenda Packet Page 416 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUHTORIZING SUBMITTAL OF AN APPLICATION FOR A CALRECYCLE RUBBERIZED PAVEMENT GRANT OF $350,000 FOR FISCAL YEAR 2016/2017, AND AUTHORIZING AND EMPOWERING THE DIRECTOR OF PUBLIC WORKS OR HIS DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO SECURE GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT PROJECT FOR A PERIOD OF THREE YEARS WHEREAS, the Department of Resources Recycling and Recovery (CalRecycle) administers various grant programs to promote the State of California's efforts to reduce,recycle and reuse solid waste generated in the state, thereby preserving landfill capacity and protecting public health and safety and the environment; and WHEREAS, CalRecycle grant application procedures require an applicant's governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and WHEREAS, CalRecycle announced a call for the Rubberized Pavement Grant Program 7th Cycle (TRP7) for FY 2016-17 with applications due on October 26, 2016 and resolutions submitted by November 29, 2016; and WHEREAS, staff will submit a grant application using the proposed list of locations from the Capital Improvement Program (CIP) Major Pavement Rehabilitation FY2016/17 project (STM390) under the CalRecycle Rubberized Chip Seal program. The rate of reimbursement will be $1.00 per square yard of rubberized chip seal material proposed for a maximum reimbursable amount of$350,000; and WHREAS, the grant award requires that the project construction on the RAC portion be completed by April 2019; and WHEREAS, if the surface area of pavement included in STM390 with the available level of funding is less than 350,000 square yards, staff proposes to use the remaining grant funding for pavement rehabilitation funded for Fiscal Year 2017-18. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it authorizes the submittal of an application for a CalRecycle Rubberized Pavement Grant of$350,000 for Fiscal Year 2016/17; and BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it authorizes and empowers the Director of Public Works or designee to execute all grant documents necessary to secure grant funds and implement the approved grant project; and 2016-11-15 Agenda Packet Page 417 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that these authorizations shall be effective for three years. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Director of Public Works City Attorney 2016-11-15 Agenda Packet Page 418 City of Chula Vista W-�� cITY OF AV Staff Report File#: 16-0505, Item#: 12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON" (CIP # OP225) (PHASE 2) TO HELIX ENVIRONMENTAL PLANNING, INC. IN THE AMOUNT OF $283,256 IN ACCORDANCE WITH MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs), AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On November 7, 2016, the Director of Public Works received three sealed bids for the "Brush Clearance in Rice Canyon" project. The proposed resolution, if approved, would accept the bids and award the contract to Helix Environmental Planning, Inc. in the amount of$283,256. Using a grant from the Federal Emergency Management Agency (FEMA), the City of Chula Vista will be performing additional brush clearance behind homes around Rice Canyon. ENVIRONMENTAL REVIEW Environmental Notice The Project qualifies for a Class 4 Categorical Exemption pursuant to Section 15304 (Minor Alterations to Land) of the California Environmental Quality Act State Guidelines. Notwithstanding the foregoing, the project was adequately covered in previously adopted Addendum to the Final EIR/EIS for Issuance of Take Authorizations for Threatened and Endangered Species, and the Final Supplemental Environmental Impact Report and Environmental Assessment prepared for the Chula Vista Multiple Species Conservation Program Subarea Plan, EA 03-01. Thus, no further environmental review or documentation is necessary. Environmental Determination The Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 4 Categorical Exemption pursuant to Section 15304 (Minor Alterations to Land) of the State CEQA Guidelines. Notwithstanding the foregoing, the Director of Development Services has also determined that the project was adequately covered in previously adopted Addendum (dated January 2010) to the Final EIR/EIS for Issuance of Take Authorizations for Threatened and Endangered Species due to Urban Growth within the Multiple Species Conservation Program Planning Area, LDR No. 93-0287, SCH No. 93121073, dated January 1997, and the Final Supplemental Environmental Impact Report and Environmental Assessment prepared for the Chula Vista Multiple Species Conservation Program Subarea Plan, EA 03-01, SCH No. 20022051045, dated January 2003. Thus, City of Chula Vista Page 1 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�19 File#: 16-0505, Item#: 12. no further environmental review or documentation is necessary. BOARD/COMMISSION RECOMMENDATION Not applicable. DISCUSSION Fire behavior modeling has identified Rice Canyon as a fire hazard area. Rice Canyon presents a unique fire safety challenge as adjacent construction was completed prior to fuel modification requirements of 2013 California Fire Code (Chapter 49: Requirements for Wildland-Urban Interface Fire Areas). Subsequent to such construction, Open Space areas within the canyons have accumulated vegetative biomass proximate to residential structures. The proposed project is the second phase of brush clearing within Rice Canyon. The first phase brush clearing contract provided a 60-foot swath from the property line toward the canyon that made it possible to create a sustainable fuel management program around Rice Canyon. The objective of the 2014/2015 vegetation management project in Rice Canyon was to reduce the fuel load of native and non-native plant materials for fire safety within a 60-foot swath along the Rice Canyon rim, covering a total of 24.59 acres and having a perimeter of 22,393 linear feet. The vegetation management was conducted in accordance with the City's MSCP and Area Specific Management Directives (ASMDs). Whereas the original project provided fuel load reduction within a 60-foot swath from the property line toward the canyon, this proposed expansion will further reduce fuel load in an additional 40-foot swath - beginning at the end of the initial 60-foot swath. The 40-foot swath will cover a total of 15.47 acres. This will further enhance sustainable fuel management around Rice Canyon. Moreover, the bare areas in the entire 100-foot cumulative brush clearance area in Rice Canyon will be revegetated to stabilize the slopes and deter the growth of undesirable plant species. Public Works prepared specifications and advertised the services on Friday, October 21, 2016. The Open Space Manager/City Forester held a mandatory pre-bid site meeting on Thursday, October 27, 2016 at 1800 Maxwell Road and at Rice Canyon to explain the project's scope and time frame to prospective contractors. On Monday, November 7, 2016, the Director of Public Works received three sealed bids. The following bids were received: Name of Contractor Amount of Bid Helix Environmental Planning, Inc. $283,255.80 10 Environmental & Infrastructure, Inc. $292,121.00 S&B Engineering 1$334,966.00 The low bid submitted by Helix Environmental Planning, Inc. is within the project budget. The contractor has demonstrated experience in performing vegetation management in environmentally sensitive areas and has the capacity to complete the brush clearance within specified time frame. City of Chula Vista Page 2 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4� � 20 File#: 16-0505, Item#: 12. Wage Statement The project funding source is a FEMA Hazard Mitigation grant with a State of California prevailing wage requirement. Contractors bidding this project are required to pay prevailing wages to persons employed by them for the work under this project. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interests under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Councilmember, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Brush clearance in Rice Canyon enhances the strength and security of residents in the neighborhood by creating the defensible space necessary for effective fire protection in the area. Fuel modification reduces the radiant and convective heat of a fire, and provides valuable defensible space for firefighters to make an effective stand against an approaching fire front. CURRENT YEAR FISCAL IMPACT Funds in the amount of$283,256 are available to complete the project. The funds comprise the following: FUNDS AVAILABLE FOR CONTRACT Brush Clearance Rice Canyon (OP225) $281 ,388 Public Works Open Space Administration $1 ,868 TOTAL FUNDS AVAILABLE FOR CONTRACT $283,25,6 ONGOING FISCAL IMPACT There is no ongoing fiscal impact as this is a one-time grant. There is no increase to ongoing maintenance costs as this is a brush clearance project. Established annual budgetary allocation for brush clearance in the Open Space District will be used to maintain vegetation abatement in perpetuity in this project area. ATTACHMENTS (1). Rice Canyon Brush Clearance Map Series 0-4. (2). Resolution. Rice Canyon Brush Clearance Contract. Staff Contact. Sam Oludunfe. 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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING THE CONTRACT FOR "BRUSH CLEARANCE IN RICE CANYON" (CIP # OP225) (PHASE 2) TO HELIX ENVIRONMENTAL PLANNING, INC., IN THE AMOUNT OF $283,256 IN ACCORDANCE WITH THE MULTIPLE SPECIES CONSERVATION SUBAREA PLAN (MSCP) OF 2003 AND AREA SPECIFIC MANAGEMENT DIRECTIVES (ASMDs), AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE CONTRACT WHEREAS in 2009 the City applied for a pre-disaster mitigation grant from the Federal Emergency Management Agency ("FEMA") for brush removal to create a 60-foot defensible space for the Fire Department to defend approximately 230 homes in the Rice Canyon open space area in Rancho Del Rey; and WHEREAS via a letter dated September 5, 2013, California Governor's Office of Emergency Services ("Cal OES") notified the City of FEMA's approval of FY09 Legislative Pre-Disaster Mitigation Grant #201.0-0001, Project #0002, FIDS #073-13392, Supplement #5; and WHEREAS at the end of January 2015 when the City completed the approved Brush Clearance in Rice Canyon project, the City had a grant fund balance to expend on an expanded scope of work; and WHEREAS FEMA and Cal OES have given the City the approval to conduct an additional 40-foot wide brush clearance in Rice Canyon and to revegetate the 100-foot cumulative brush clearance area in Rice Canyon to stabilize the slopes and deter the growth of undesirable plant species; and WHEREAS on October 21, 2016. the City staff issued an advertisement for Brush Clearance in Rice Canyon (Phase 2) (File No. 0735-10-OP225) ("RFP OP225"); and WHEREAS a mandatory pre-bid meeting and site visit were held on October 27, 2016 to review and clarify bid requirements and to emphasize that the bids would be evaluated and a contract awarded to the lowest, responsible, and responsive bidder for Brush Clearance in Rice Canyon(Phase 2); and WHEREAS, City staff received bids from three (3) vegetation management companies and held a public bid opening on November 7, 2016. The bids received were as follows: Name of Contractor Amount of Bid Helix Environmental Planning, Inc. $283,255.80 IO Environmental & Infrastructure, Inc. $292,121.00 S&B Engineering $334,966.00 WHEREAS staff determined that Helix Environmental Planning, Inc. was the lowest, responsible, and responsive bidder; and 2016-11-15 Agenda Packet Page 427 WHEREAS the low bid submitted by Helix Environmental Planning, Inc. is within the project budget, and the contractor has demonstrated experience in performing vegetation management in environmentally sensitive areas, and has the capacity to complete the brush clearance within specified time frame; and WHEREAS funds in the amount of$283,256 are available to complete the project; the funds comprising the following: Brush Clearance Rice Canyon (OP225), $281,388; and Public Works Open Space Administration, $1,868. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accepts the bids submitted in response to RFP OP225, awards the `Brush Clearance in Rice Canyon" (CIP # OP225) (Phase 2) contract, pursuant to RFP OP225, as amended, to Helix Environmental Planning, Inc., and authorizes and directs the City Manager or his designee to execute the contract and all other necessary documents. Presented by Approved as to form by Richard A. Hopkins Glen R. Googins Public Works Director City Attorney 2016-11-15 Agenda Packet Page 428 City of Chula Vista W-�� cITY OF AV Staff Report File#: 16-0532, Item#: 13. A. QUARTERLY FINANCIAL REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2016 B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR (4/5 VOTE REQUIRED) RECOMMENDED ACTION Council accept the report and adopt the resolution. SUMMARY The Finance Department prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. The quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. In preparing the quarterly financial projections, staff has identified various budget changes that are needed to better reflect actual revenues and expenditures or address changes in budgetary needs. For government entities, a budget creates a legal framework for spending during the fiscal year. After the budget is approved there are circumstances, which arise that could require adjustments to the approved budget. Council Policy 220-02 "Financial Reporting and Transfer Authority" was established in January of 1996 and allows for budget transfers to be completed. This report discusses budget adjustments that staff recommends in the General Fund as well as various other funds. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that filing of the quarterly financial status report is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the actions proposed are not subject to CEQA. 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. BOARD/COMMISSION RECOMMENDATION City of Chula Vista Page 1 of 8 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4� � 29 File#: 16-0532, Item#: 13. Not applicable DISCUSSION The Finance Department prepares quarterly financial reports for the General Fund that reflect budget to actual comparisons, projected revenues and expenditures, and highlight major variances that may require additional action or changes. The quarterly financial reports are in compliance with Section 504 (f) of the City Charter, which requires that quarterly financial reports be filed by the Director of Finance through the City Manager. General Fund Overview Attachment A - Quarterly Financial Report provides the financial outlook for the General Fund for the current fiscal year and includes summary information for revenues and expenditures. The following chart summarizes the projections for the first quarter of fiscal year 2016/17 for the City's General Fund. The amended budget column includes all Council approved changes to the fiscal year 2016/17 adopted budget that have taken place through the end of the first quarter ending September 30, 2016. The projected column lists the fiscal year 2016/17 projections for revenues and expenditures as of June 30, 2017. The following table reflects the unaudited General Fund reserves as of July 1, 2016 (beginning fund balance) as well as the projected General Fund reserves for June 30, 2017 (projected ending fund balance). Reserves -July 1, 2016 (unaudited) $ 17.68 $ 17.68 Revenues &Transfers in $ 146.54 148.03 Expenditures &Transfers Cut 146.5 148.8 Pro'ected Surplus/Deficit 0.02 0.85 Pro'ected Fund Balance for June 30 2017 17.70 16.83 Percentage of Operating Budget 12.1° 11.3° Notes: 1. The FY2016/17 City Council Adopted budget was balanced and did not project an increase in fund balance for the General Fund. The minor surplus reflected in the Amended Budget column is a result of a mid-year Council approved budget amendment. 2. The Amended Budget and projections reflected in this table do not include prior year appropriations for capital improvement projects and other encumbrances totaling $5.7 million that were carried forward into the fiscal year 2016/17 budget. These expenditure impacts are already reflected in the estimated fund balance as of July 1, 2016 and are therefore not included in the above table. General Fund Overview The City's financial outlook is tentative through the end of the first quarter. Although revenues are projected to increase modestly from the amended budget level, expenditures are trending higher and are projected to exceed the budget as of first quarter review. Major factors affecting expenditures are the personnel services and supplies and services expenses within the Police and Fire Departments. City of Chula Vista Page 2 of 8 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4� � 30 File#: 16-0532, Item#: 13. Based on a review of previous fiscal year actuals and an analysis of actuals through September 30, 2016, the City's General Fund discretionary revenues are in large part projected to meet their budgeted levels. Departmental program revenues are currently projected to exceed the amended budget. Overall, General Fund revenues are projected at $1.5 million above the current amended budget. This increase is in large part due to the pending appropriation of $1.2 million for Fire Strike Team reimbursements. Other changes include the following: (a) a projected increase of $0.3 million for higher anticipated Police Reimbursements, (b) a projected shortfall of$0.1 million in High Intensity Drug Trafficking Area (HIDTA) reimbursements, and (c) a $0.1 million projected increase in negligent vehicle impound fees and parking citation revenue. Although small variances exist within the departmental projections, it is anticipated that a majority of departments will mitigate these impacts within their current amended budget. Therefore, through the first quarter, the majority of departmental expenditures are projected to be within the budget, with the exception of the Police and Fire Departments that are currently projected to exceed their amended budgets. Personnel Services are currently projected to end the fiscal year at a deficit of $1.8 million. This is due to an estimated overage in hourly expenditures in the Police Department as well as anticipated overages in overtime expenses in both the Police and Fire departments. Departmental expenditures for Supplies and Services are projected to increase by $0.6 million over the amended budget, with the Police and Fire Departments each anticipating deficits of $0.3 million. All other expenditure categories are projected to be within the amended budget. The projected deficit within the Fire Department will be mitigated by the appropriation of revenues received as a result of Fire Strike Team reimbursements. The Police Department is proactively working on ways to help alleviate the structural deficit by implementing innovative changes including restructuring workloads, contracting out services and identifying key opportunities to reduce the need for overtime. However, these changes are not anticipated to eliminate the deficit completely. The department will revise the estimate in the second quarter. Staff will continue to monitor General Fund expenses and look for potential cost saving measures in order to remain within budget. Development Services Fund Overview During the fiscal year 2016/17 budget development process, staff worked towards realigning resources and staffing to the change in workload activities within the Development Services Department. Based on fiscal year 2015/16 actuals and trends through the first quarter, staff is projecting to end the fiscal year within the Development Services Fund budgeted levels. Staff will monitor the Development Services Fund, and will make adjustments should they be necessary. Staff is recommending budget adjustments as summarized in the following tables. General Fund Adjustments City of Chula Vista Page 3 of 8 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4� � 31 File#: 16-0532, Item#: 13. General Fund Description Expense Revenue Net Cost Department Finance Transfer$40,000 from Personnel $_ $_ $_ Services to Supplies and Services for unanticipated contractual services. Non-Departmental Transfer from Capital Improvement $_ $_ $_ Project expenditures to Transfers Out ($9,757)for reimbursement to Sweetwater Authority for costs related to project STL400. Appropriate $334,579 to Capital $ 334,579 $334,579 $_ category for the financing of a capital lease acquisition of one (1) HME Ahrens- Fox 34D Type III Brush Engine. This will be offset by revenues from the secured lease financing of the brush engine. Appropriate $27,347 to the Transfers $27,347 $27,347 Out category for expenditures posted to STL399 ($26,777) and OP228 ($570). Animal Care Transfer$35,000 from Personnel $ _ $ _ Facility Services to Supplies and Services due to delayed recruitment of the Veterinary position generating the need for additional contractual expenses. Fire Accept$5,000 SDG&E grant for $5,000 $5,000 $ _ Community Emergency Response Team (CERT) Program and appropriate the equivalent amount to the Supplies and Services category. Appropriate $933,208 to Personnel $1,184,935 $1,184,935 $- Services, $251,615 to Supplies and Services, and $112 to Capital for expenses related to fire strike team deployments. These costs are fully offset by reimbursement from the State of California Office of Emergency Services (CaIOES). Appropriate $4,625 to Supplies and $4,625 $4,625 $ _ Services for costs related to specialized training classes. This is offset by tuition revenues received as part of holding the classes. Public Works Reduction in Supplies and Services ($27,347) $ _ ($27,347) category to offset appropriation for expenditures posted to STL399 ($26,777) and OP228 ($570). Library Appropriate $5,900 to the Personnel $5,900 $5,900 $_ Services category for the Veterans -Connect grant. - City of Chula Vista Page 4 of 8 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 432 File#: 16-0532, Item#: 13. Appropriate $950 to the Supplies and $950 $950 $- Services category for book purchases based on donations received from various sources. Recreation Budget realignment: Reallocate a net $- $- $- $38,167 from various sources in Personnel Svcs., Supplies and Svcs., Utilities to Other Expenses ($23,000) and Capital ($15,167). Align $5,673 in revenues from Use of Money and Property and Charges for Services Category to Other Revenue category. TOTAL GENERAL FUND $1,535,989 $1,535,989 $- Other Funds Adjustments Fund Description Expense Revenue Net Cost Gas Tax Transfer from Capital Improvement $- $- $- Project expenditures to Transfers Out ($5,837)for reimbursement to Sweetwater Authority for costs related to project STI-400. State Grants Fund Appropriate $18,000 to the Personnel $18,000 $18,000 $ - Services category of the Literacy Program based on funding from the California Library Literacy Service Grant. Advanced Life Appropriate $130,000 to Personnel $150,771 $ - $150,771 Support (ALS) Services and $20,771 to Supplies and Program Services for expenses related to the Advanced Life Support (ALS) program. These appropriations will come from the available balance of the fund. California Library Appropriate $2,138 from the available $2,138 $ - $2,138 Services Act balance of the State Library Act Fund to the Supplies and Services category. Federal Grants Transfer$42,190 from Supplies and $- $- $- Fund Services to Capital to more accurately reflect the purchase of equipment. Appropriate $18,800 to Supplies and $108,964 $108,964 $- Services and $90,164 to Capital for supplies and equipment for the training division. This appropriation will be offset by the Urban Areas Security Initiative (UASI)grant. Bicycle Facilities Reduce Supplies and Services by ($13,214) $- ($13,214) Fund $13,214 to match grant allocation. Other Appropriate $2,377 from the available $2,377 $- $2,377 Transportation balance of this fund to the Transfers Out Programs category to correct expenditures that were incorrectly posted for project STM377. Transfer will be reflected in the TransNet Fund. City of Chula Vista Page 5 of 8 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4� � 33 File#: 16-0532, Item#: 13. Appropriate $4,025 from the available $4,025 $ - $4,025 balance of this fund to the Transfers Out category to correct expenditures that were incorrectly posted for project TF369. Transfer will be reflected as revenue in the Traffic Signal Fund. Transportation Transfer In from Other Transportation $ - $2,377 ($2,377) Sales Tax Programs Fund to correct for (TransNet) expenditures posted to Project STM377. Transfer In from the General Fund to $- $27,347 ($27,347) correct for expenditures posted to Project STL399 ($26,777)and OP228 ($570). Traffic Signal Transfer In from Other Transportation $- $4,025 ($4,025) Programs Fund to correct for expenditures posted from Project TF369. Capital Transfer$1,974 from Capital $15,594 $15,594 $- Improvement Fund Improvement Project expenditures to Other Expenses and appropriate $15,594 to the Other Expenses category for reimbursement to Sweetwater Authority for costs related to project STI-400. ITOTAL OTHER FUNDS J$288,655 J$176,307 J$112,348 Furlough Adjustments As part of the proposed budget adjustments, staff is recommending reducing the personnel services budgets of the following departments to account for the savings from the voluntary furlough program. These reductions will offset a reduction in budgeted salary savings in the various department budgets. These changes are reflected on the following table: Department Salary Savings Furlough Adjustment Net Personnel Services Adjustment Adjustment City Council $ - ($1,469) ($1,469) City Attorney $13,285 ($13,285) $ - Administration $ - ($1,667) ($1,667) Information Technology $1,449 ($1,449) $ - Srvcs Human Resources $11,145 ($11,145) $ - Finance $9,195 ($9,195) $ - Economic Development $2,433 ($2,433) $ - Development Services-GF $6,570 ($6,570) $ - Police $38,201 ($38,201) $ - Public Works $40,678 ($40,678) $ - Recreation $5,257 ($5,257) $ - City of Chula Vista Page 6 of 8 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 434 File#: 16-0532, Item#: 13. Library $1,220 ($1,220) $ - TOTAL GENERAL FUND $129,433 ($132,569) ($3,136) DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council of the City of Chula Vista members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City of Chula Vista City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. This action supports the Operational Excellence goal by communicating the City's projected financial position for the current fiscal year in an open and transparent manner. This transparency supports City Initiative 1.3.1. - "Foster public trust through an open and ethical government." CURRENT YEAR FISCAL IMPACT There is no fiscal impact resulting from accepting the Quarterly Financial Report. General Fund - Approval of the resolution amending the fiscal year 2016/17 budget will result in a positive impact of $3,136 to the General Fund as a result of furlough adjustments. However, as stated in the report, overall the General Fund is projected to have a deficit of $0.9 million, which staff will continue to work with the departments in order to mitigate. The other requested changes have a no net impact to the General Fund as these changes are neutral as they are either revenue offset or reflect offsetting transfers between expenditure categories. Net Impact - The recommended changes in the Other Funds result in a total of $0.3 million in appropriations to these funds that are partially offset by $0.2 million in revenues. The total net impact of these changes is $0.1 million to the Other Funds, which will be absorbed by the available fund balances of these funds. ONGOING FISCAL IMPACT Staff will continue to monitor and analyze revenue and expenditure trends and incorporate changes as necessary into future financial reports and/or budgets. ATTACHMENTS 1. FY2017 First Quarter Financial Report Staff Contact.- Tessa Nguyen, Finance Department City of Chula Vista Page 7 of 8 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4� � 35 File#: 16-0532, Item#: 13. David Bilby, Finance Department City of Chula Vista Page 8 of 8 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 436 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING VARIOUS AMENDMENTS TO THE FISCAL YEAR 2016/17 BUDGET TO ADJUST FOR VARIANCES AND APPROPRIATING FUNDS THEREFOR WHEREAS, the City Charter states that at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by a motion adopted by the affirmative votes of at least four members; and WHEREAS, staff has completed the budget review for the quarter ending September 30, 2016 and is recommending a number of budget amendments; and WHEREAS, staff is recommending approximately $1.5 million in new appropriations to various departments in the General Fund that will be offset by $1.5 million in new revenues resulting in no net impact; and WHEREAS, the appropriations in the State Grants Fund, Federal Grants Fund and adjustments in the Capital Improvement Fund are revenue offset resulting in no net fiscal impact to these funds; and WHEREAS, the Advanced Life Support, and Other Transportation Programs Funds will be negatively impacted due to adjustments that will add appropriations that will be made from the available balances of these funds; and WHEREAS, the Bicycle Facilities Fund, Transportation Sales Tax Fund, and Traffic Signal Fund will be positively impacted as a result of a reduction of appropriations or increased revenues resulting from the recommended changes; and WHEREAS, the recommended adjustments to the Gas Tax Fund consist of offsetting transfers between expenditure categories and are neutral resulting in no net impact to these funds; and WHEREAS, the appropriation of $2,138 to the California Library Services Act Fund is funded from residual funds from the previous fiscal year that were not carried forward in the fiscal year 2016-17 budget as funding was initially received from the State of California to be used to in support the Thinkabit Lab. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it does hereby amend the fiscal year 2016/17 budget and approves the following appropriations: 2016-11-15 Agenda Packet Page 437 Summary of General Fund Appropriations and/or Transfers i I. 1 � t f tl 1' 1 1 lr , I Il IJ11111J1111111111:111J1JJJ11J »�»»f�i�,�,»»� �,�»l�lll»»l,» ll»ii», »,11 1111111111 111,11111111 ��r�»»� 111111 �����»J�11111 lll>>��,�,i,f,�J11 11111111J11111111 11111111 J1 IIIJ J11J,JJ 111111 JJJ ,� ��»�» 1 �� ����»»1� r r r.,„r>)1 11�>111� 1,. .,1111 »�» 11 J r111���1 Ir», 1,� 1 111111111 Finance $ (40,000) $ 40,000 $ - $ - $ - $ - $ - $ - $ - $ - Non-Departmental $ - $ - $ $ 334,579 $ $ 37,104 $ (9,757) $ 361,926 $ 334,579 $ 27,347 Animal Care Facility $ (35,000) $ 35,000 $ - $ - $ - $ - $ - $ - $ - $ - Fire $ 933,208 $ 261,240 $ - $ 112 $ - $ - $ - $1,194,560 $1,194,560 $ - Public Works $ - $ (27,347) $ - $ - $ - $ - $ - $ (27,347) $ - $ (27,347) Library $ 5,900 $ 950 $ - $ - $ - $ - $ - $ 6,850 $ 6,850 $ - Recreation $ (7,664) $ (22,013) $ 23,000 $ 15,167 $ (8,490) $ - $ - $ - TOTAL GENERAL FUND $ 856,444 $ 287,830 $ 23,000 $ 349,858 $ (8,490) $ 37,104 $ (9,757) $1,535,989 $1,535,989 $ - Summary of Appropriations and/or Transfers for Other Funds t 1 l r' Illll 1111 � l, rl 111 11111 � �� i� 1 11 , 11 1111. I1L1111J1111111111:111 1111111 »i»»f���,1i»»� �,�»1��11»»� �>i»��»,�, l rllr11111/111111 111/11,1111111111% �l�»�r>> 1�1� ����,»»��1>>lll ll»�r,r�,l,llll 111111111111111111 I11111IJJ1IIIJJIIJ,JJIJJIJJIJJJ ,� �»»�» 1 �� ��»�»»�� ��rr»rr11 11111..11.11 .11,.111 r»,, 111 > >>r» �»I�,� 1 ,111,.1111 l 1 � Gas Tax $ - $ $ $ - $ $ 5,837 $ (5,837) $ - $ - $ State Grants Fund $ 18,000 $ - $ - $ - $ - $ - $ - $ 18,000 $ 18,000 $ - Advanced Life Support(ALS) Program $ 130,000 $ 20,771 $ - $ - $ - $ - $ - $ 150,771 $ - $ 150,771 California Library Services Act $ - $ 2,138 $ $ $ $ $ $ 2,138 $ - $ 2,138 Federal Grants Fund $ $ (23,390) $ $ 132,354 $ $ $ $ 108,964 $ 108,964 $ - Bicycle Facilities Fund $ - $ (13,214) $ - $ - $ - $ - $ - $ (13,214) $ - $ (13,214) Other Transportation Programs $ - $ - $ - $ - $ - $ 6,402 $ - $ 6,402 $ - $ 6,402 Transportation Sales Tax(TransNet) $ - $ - $ - $ - $ - $ - $ - $ - $ 29,724 $ (29,724) Traffic Signal $ - $ - $ - $ - $ - $ - $ - $ - $ 4,025 $ (4,025) Capital Improvement Fund $ - $ - $ 17,568 $ - $ - $ - $ (1,974) $ 15,594 $ 15,594 $ - TOTAL OTHER FUNDS $ 148,000 $ (13,695) $ 17,568 $ 132,354 $ $ 12,239 $ (7,811) $ 288,655 $ 176,307 $ 112,348 Summary of Furlough Adjustments r it ilii' �rr � 1>i��iil i rlrrllrirllll1111 l rrr rrrr�r�illl�r�lr rr���>���i�i� 111 J JJ JJ 1 Jl », �1l r� � �„ >r r rlrr� 11111 11111 � r I r�rri �� �rrr 11 JJJ11J1JJJJ1111JJJJJJJJJJJJJJJJJIJJJJJII �� Irr�11�1111����11,�� �1,.�11I11»���r����11111 l l� � � �1 1 City Council $ - $ (1,469) $ (1,469) City Attorney $ 13,285 $ (13,285) $ Administration $ - $ (1,667) $ (1,667) Information Technology Srvcs $ 1,449 $ (1,449) $ Human Resources $ 11,145 $ (11,145) $ Finance $ 9,195 $ (9,195) $ Economic Development $ 2,433 $ (2,433) $ Development Services-GF $ 6,570 $ (6,570) $ Police $ 38,201 $ (38,201) $ Public Works $ 40,678 $ (40,678) $ Recreation $ 5,257 $ (5,257) $ Library $ 1,220 $ (1,220) $ TOTAL GENERAL FUND $ 129,433 $ (132,569) $ (3,136) Presented by Approved as to form by David Bilby Glen R. Googins Director of Finance/Treasurer City Attorney 2016-11-15 Agenda Packet Page 438 OVERVIEW for 2016 to be 2.0%, and forecasts 1.6% and 0.8% growth This financial report summarizes the City's General Fund for 2017 and 2018 respectively. Payrolls will grow at about financial position for fiscal year 2017 through September the same rate over the forecast horizon. Real personal 30,2016 and projecting out to June 30, 2017. The purpose income growth is estimated to be 3.1% in 2016 and of this report is to provide the City Council, Management forecast to be 3.4%in 2017 and 3.0% in 2018. and the citizens of Chula Vista an update on the City's The San Diego Forecast3 - The USD Burnham-Moores fiscal status based on the most recent financial information. Center for Real Estate's Index of Leading Economic Indicators County rose 0.1 percent in August. The gain ECONOMIC UPDATE was led by a strong gain in local stock prices. There were also moderate increases in residential units authorized by The National Forecast - In the September report, UCLA building permits and consumer confidence. These Anderson Forecast Director Ed Learner looks into the outweighed a big drop in help wanted advertising and factors driving the current U.S. economy, one that has small losses in initial claims for unemployment insurance been growing steadily at 2% following quarterly growth and the outlook for the national economy to push the USD rates of 3% for the 40 years between 1965 and 2005. Index to a gain which broke a streak of three consecutive However Learner points out that growth since 2010 has monthly declines. been so eerily steady that it is defining an entirely new corridor at 2% instead of 3%. Overall, Leamer forecasts The slight gain in the index relieved some concern that the that although the economy continues to be on track for local economy might be turning negative after 3 months of moderate growth, enthusiasm has dampened and decline in the index. The gain in August validated the non- expectations are revised slightly downward. Instead of turning point view, but it was close, with the gain being looking for 3.3% growth in real GDP for 2016 on a fourth small and with declining components matching advancing quarter-basis, the Anderson Forecast anticipates a more ones. The outlook for the local economy remains positive, modest 2.7% growth rate. Despite the lower GDP growth but the rate of growth is likely to slow. rate, the economy remains on track to create 2.7 million jobs this year and 2.1 million jobs next year, as the San Diego Index of Leading Economic Indicators economy operates at full employment. San Diego County,2012—2016 The California Forecast2 - In the California forecast, Senior ,41, Economist Jerry Nickelsburg focuses on the state's 13.1 employment situation. Although California experiences ,,q, "full employment," Nickelsburg warns of a number of 139 risks, including the extension of Prop 30, which is on the „ September ballot (Prop 30, first passed in 2012, taxes the 130 state's top earners at a higher rate, leaving the state 12 government vulnerable in times of recession) and the 126 upcoming presidential election, as the next president's 12+ policies might have an impact on international trade, a V? "0 sector on which California relies. The California Forecast has been revised downward slightly, as a consequence of , slower than expected growth in the U.S. in 2016. Overall, 13 114 15 J16 the current Forecast calls for continued steady gains in employment through 2018 and a steady decrease in the unemployment rate in California over the next two years. Nickelsburg further estimates total employment growth 3 Source:University of San Diego School of Business Administration,USD 2 Source:UCLA Anderson Forecast,September 2016 Index of Leading Economic Indicators,September 2016;retrieved from URL: Z Source:UCLA Anderson Forecast,September 2016 http://home.sandiego.edu/—agin/usdlei/index.html 2016-11-15 Agenda Packet Page 439 General Fund Reserves -The General Fund Reserve policy reimbursement received by the Fire Department that will was established to ensure that the City's finances are be used to offset overtime costs incurred as a result of managed in a manner which will: responding to fire emergencies outside of the City. Other 1. Continue to provide for the delivery of quality services smaller increases in Charges for Services revenues ($0.3 2. Maintain and enhance service delivery as the million) and Fines and Forfeiture revenues ($0.1) million community grows in accordance with the General Plan are also projected. It is important to note that anticipated 3. Minimize or eliminate the need to raise taxes and fees increases to Charges for Services offset anticipated because of temporary revenue shortfalls increases in overtime in the Police Department for special 4. Establish the reserves necessary to meet known and events. unknown future obligations and ability to respond to unexpected opportunities Departmental expenditures are tracking within budgeted levels with the exception of the Police and Fire The following table reflects the audited General Fund Departments.Although there are small variances that exist reserves as of June 30, 2016 as well as the projected within the department projections, it is anticipated that General Fund reserves for June 30, 2017. the departments will mitigate these impacts within their current amended budget. Therefore, the majority of the m departments are projected to be within their budgets as of a� m the end of the fiscal year. Personnel Services are currently Reserves-July 1,2016(unaudited) $ 17.68 $ 17.68 projected to end the fiscal year at a deficit of $1.8 million Revenues&Transfers In' $ 146.54 $ 148.03 over the amended budget. Departmental expenditures for Expenditures&Transfers Out' $ (146.52) $ (148.88) Supplies and Services are also projected to be over by$0.6 Projected Surplus/Deficit $ 0.02 $ (0,85) million over the amended budget. All other expenditure categories including Utilities, Other Expenses, Transfers Projected Fund Balance fortune 30,2017 $ 17.70 $ 16.83 Out and Capital expenditures are projected to be within Percentage of Operating Budget 12.1% 11.3% budget as of the first quarter. Notes: 1. The City Council Adopted budget was balanced and did not The anticipated deficits are in the Police and Fire project an increase in fund balance for the General Fund. departments as each is projecting overages in Personnel The minor surplus reflected in the Amended Budget Services and Supplies Services. The projected deficits for column is a result of a mid-year Council approved budget both departments are largely due to overages in in hourly amendment. wages and overtime expenditures. 2. The Amended Budget and projections reflected in this table do not include prior year appropriations for capital The Police Department is proactively working on ways to improvement projects and other encumbrances totaling $5.7 million that were carried forward into the fiscal year help mitigate the structural deficit by implementing 2016/17 budget. These expenditure impacts are already innovative changes including restructuring workloads, reflected in the estimated fund balance as of July 1, 2016 contracting out services and identifying key opportunities and are therefore not included in the above table. to reduce the need for overtime. However, these changes are not anticipated to eliminate the deficit completely.The The City's financial outlook is tentative through the end of department will revise the estimates in the second the first quarter. Although revenues are projected to quarter. The projected deficit for Supplies and Services increase modestly from the amended budget level, within the Police department is primarily associated with expenditures are trending higher and are projected to ammunition, uniform, training and existing contract exceed the budget as of first quarter review. related operating expenditures. The department will continue to look for ways to offset the impact to the The City's major discretionary revenues including Property General Fund by looking for alternative funding sources. Tax, Sales Tax and Motor Vehicle Licenses are projected to be within budget. Overall, General Fund revenues are The deficit for the Fire Department is due to overtime for projected to exceed the budget by $1.5 million. The constant minimum staffing in Personnel Services and for projected increase is primarily due to a Fire Strike Team 2016-11-15 Agenda Packet Page 440 automotive repair expenses in the Supplies and Services expense category. This projected deficit will be mitigated . A projected shortfall of $0.1 million in the Revenue by the appropriation of revenues received as a result of from Other Agencies category due to anticipated Fire Strike Team reimbursements. decreases in High Intensity Drug Trafficking Area (HIDTA) reimbursements. This is due to a reallocation Revenues of support from HIDTA efforts to continue supporting The following table compares the projected revenues the Southwest Border Anti-Money Laundering Alliance included in the adopted budget and the updated revenue (SWBAMLA) operations. projections for discretionary and departmental program revenues. Overall, General Fund revenues are projected at • A projected $0.1 million increase in the Fines, $1.5 million above the current amended budget. The Forfeitures, Penalties categories for higher than major variances are as follows: anticipated negligent vehicle impound processing fees and parking citation revenues. The updated projections for these revenues are in alignment with prior year trends. m w m W m m General Fund Maior Revenues Property Taxes $ 31,174,827 $ 31,174,827 $ Sales Tax $ 32,350,442 $ 32,350,442 $ Sales Tax - is projected to be the City's largest revenue Motor Vehicle License $ 19,692,436 $ 19,692,436 $ source, representing 22.1% of General Fund revenues in Other Revenue $ 12,024,594 $ 13,206,543 $1,181,949 the fiscal year 2016/17 amended budget. HdL Companies, Transfers In $ 11,949,135 $ 11,949,135 $ the City's Sales Tax consultant, has provided data for Franchise Fees $ 11,795,951 $ 11,795,951 $ second quarter of calendar year 2016.They report that the Charges for Services $ 7,079,282 $ 7,361,400 $ 282,118 change in sales tax receipts between second quarter calendar year 2015 and second quarter calendar year 2016 Revenue from Other Agencies $ 2,079,908 $ 2,018,947 $ (60,961) has decreased by 0.2% in Chula Vista. General Consumer Utility Users Tax $ 6,379,964 $ 6,379,964 $ Goods represents the largest major industry group for Transient Occupancy Taxes $ 3,654,779 $ 3,654,779 $ Sales Tax generation. In this category, the change in Sales Use of Money&Property $ 2,731,601 $ 2,731,901 $ 300 Tax decreased by 2.2% in Chula Vista when compared to Other Local Taxes $ 2,256,753 $ 2,256,753 $ - the same quarter for 2015. The largest sector contributing License and Permits $ 1,321,085 $ 1,321,085 $ - to the decline in Sales Tax growth was the decrease in Fuel Fines,Forfeitures,Penalties $ 1,020,700 $ 1,107,305 $ 86,605 and Service Stations by 17.0%. Other sectors experienced Real Property Transfer Tax $ 1,023,661 $ 1,023,661 $ - increases when compared to the same quarter in 2015, TOTAL REVENUES $ 146'535118 $ 148,025,129 $1,490,011 these included: Autos and Transportation (4.9%), Business and Industry (4.5%), Restaurants and Hotels (3.9%), and • A projected $1.2 million increase in the Other Revenue Building and Construction (3.5%). category due to pending appropriations for Fire Strike Sales Tax revenues has been projected at the amended Team reimbursements. This increase is offset with an budget levels, however staff will continually monitor the increase in anticipated expenditures within the Fire trends in economic activity to more accurately reflect Department. projected earnings within this category. • A projected $0.3 million net increase in Charges for The following chart represents actual Sales Tax collections Services, largely due to higher projected Police since fiscal year 2012/13 and the projection for fiscal year Reimbursement revenues for special events. It is 2016/17. important to note however that this revenue has an inherent offsetting expenditure related to overtime expenditures. 2016-11-15 Agenda Packet Page 441 SALES TAX PROPERTY TAXES $35.0 $33.3 $32.4 $35.0$30.4 $30.2 $31.2 a $30.0 $28 6 $29 2 $30.0 $27.9 $27.5 $28.6 $25.0 $25.0 $20.0 -2$20.0 $15.0 $15.0 .... $10.07 $10.0 $5. $5.0 $0.0 $0.0 FY 13 FY 14 FY 15 FY16 FY2017 *FY13 FY14 FY15 FY16 FYI Actual Actual Actual Actual* Projected Actual Actual Actual Actual Projected Note. FY2016 Sales Tax revenues include a one-time payment Note. FY2013 Property Tax revenues include a one-time payment related to the wind down of the Triple Flip allocation. related to the elimination of the City's Redevelopment Agency. Property Taxes- The City of Chula Vista receives property Motor Vehicle License Fee (VLF) -Since the State Budget tax revenue based upon a 1.0% levy on the assessed value Act of 2004, the allocation of VLF revenues to cities and of all real property. Property tax is the City's second counties was substantially changed. Beginning in 2005/06, largest revenue source, representing 21.3% of General the majority of VLF revenues for each city grew essentially Fund revenues in the fiscal year 2016/17 budget. in proportion to the growth in the change in gross assessed valuation. Due to this change in the formula by At this time, staff has projected the City's Property Tax the State, the majority of the City's VLF revenues fluctuate revenues at the budgeted levels. Although the Assessed with changes in assessed values in the City. Valuation (AV) provided by the County of San Diego assumed a higher AV growth than budgeted, other The projection for VLF revenues remained unchanged components within the Property Tax category are from the amended budget. The following chart represents estimated to come in lower than anticipated. So, while actual VLF revenues since fiscal year 2012/13 and the individual projections within the property tax category projection for fiscal year 2016/17. have varied, overall the initial assumption for property tax revenue growth remains unchanged. MOTOR VEHICLE LICENSE FEE The following chart represents actual Property Tax $25.0 revenues since fiscal year 2012/13 and the projection for 18.9 $19.7 fiscal year 2016/17. L4 $20.0 $17 9 ® $16.3 $16.8 $15.0 $10.0 $5.0 $0.0 FY 13 FY 14 FY 15 FY 16 FY 17 Actual Actual Actual Actual Projected 2016-11-15 Agenda Packet Page 442 Franchise Fees - Franchise fee revenues are generated created by the growth in the eastern section of the City. from public utility sources such as San Diego Gas& Electric Several impending new hotel developments are being (2% on gas and 1.25% on electricity), trash collection proposed in the City, primarily in the Millenia and Bayfront franchises (20% fee), and cable franchises (5% fee) projects. conducting business within City limits. SDG&E collects the franchise fee from Chula Vista customers and remits these The following chart represents actual TOT revenues since revenues to the City. Trash franchise fees and cable fees fiscal year 2012/13 and the projection for fiscal year are based on fixed rates. 2016/17. Franchise Fee revenues are currently projected to meet TRANSIENT OCCUPANCY TAX(TOT) the budget revenues of $11.8 million. This is an increase $4.5 over fiscal year 2015/16 actuals of approximately 1%. $4.0 $3.8 $3 The following chart represents actual franchise fee $3.5 $3 revenues since fiscal year 2012/13 and the projection for $3.0 $2.5 $2.6 fiscal year 2016/17. Note that fiscal year actual 2012-13 $2„5 revenues reflect previously accrued Franchise Fee ° $2.0 revenues that were realized by the City. $15 FRANCHISE FEES $1.0 $14.0 $0.5 $11.7 $11.8 $0.0 $12.0 $10 FY13 FY14 FY15 FY16 FYI $9.6Actual $10 0 $ Note: FY2016TOT rev nues include $0.3 million in payments fo Actual Actual* Projectedr o $8.0 prior year collections. $6.0 Utility Users Tax (UUT) - by The City adopted its Utility $4.0 Users Tax(UUT) in 1970. The City of Chula Vista imposes a UUT on the use of telecom at the rate of 4.75% of gross $2"0 receipts. The UUT on natural gas services is $0.00919 per $0.0 therm and $0.00250 per kilowatt on electricity services, FY13 FY14 FY15 FY16 FY17 which equates to approximately a 1%tax. Actual Actual Actuial Actual Projected ...................................................................................................................................................................................................................................... UUT revenues are currently projected at the fiscal year Transient Occupancy Tax (TOT) -The City receives 10% of 2016/17 budgeted levels. Fiscal year 2016/17 projected hotel and motel room rates for stays less than 30 days. revenues include a full year of anticipated prepaid wireless Projections for TOT revenues have been updated to reflect UUT revenues that became effective on January 1, 2016. the positive trend that began in fiscal year 2012 and has subsequently continued. Fiscal year 2016/17 TOT The following chart reflects actual UUT revenue since fiscal revenues are estimated at $3.7 million based on the year 2012/13. Fiscal year 2016/17 is projected and does previous fiscal year's growth trend. Eliminating prior year not reflect actual collections. collections included in fiscal year 2015/16 actuals of $0.3 million,TOT revenues are projected to increase by 3.0% in fiscal year 2016/17. The potential for significant revenue growth is feasible provided additional hotels are built capturing the market 2016-11-15 Agenda Packet Page 443 UTILITY USERS TAX(UUT) GENERAL FUND EXPENDITURES AS OF 09/30/2016 $16.0 $14.0 $12.0 .... .... .. .... .... .... ........ City Council $ 1,569,741 $ 557,464 36% Boards and Commissions $ 19,179 $ 13,983 73% $10.0 City Clerk $ 1,115,332 $ 313,870 28% $8°0 $6•u $5.8 $6 4 City Attorney $ 3,080,052 $ 1,039,748 34% $6.0 $4.4 Administration $ 2,095,030 $ 802,330 38% $4.0 Information Technology Svcs $ 4,063,239 $ 1,326,143 33% Human $2.0 FinanceResources $3 ,686,920 $ 1,338,899 36% $0.0 Non-Departmental $ 12,181,629 $ 1,181,755 10% FY 13 FY 14 FY 15 FY16 FY 17 Animal Care Facility $ 2,973,062 $ 967,714 33% Actual Actual* Actual Actual Pirojected 0 Economic Development 1947 006 700,222 36/ *Note: Increased fiscal year 2013/14 Utility User's tax revenue Development Svcs-GF $ 2,688,047 $ 960,463 36% reflect a mid-year appropriation (Council resolution 2013-092) of Police $ 50,442 444 $ 19,514 001 39% previously collected wireless telecommunication related tax revenue that was utilized to fund attorney and City administrative costs Fire $ 28,109,564 $ 10,783,365 38% pertaining to a City class-action lawsuit. Public Works $ 27,177,617 $ 8,836,655 33% Recreation $ 4,476,993 $ 1,337,210 30% Expenditures Library $ 3,901,570 $ 1,386,086 36% The General Fund's amended budget reflects the Council TOTAL EXPENDITURES $ 152,254,320 $ 51,989,538 34% adopted budget of $146.5 million, Council approved mid- year appropriations of $0.6 million, and $5.7 million of The following table reflects the projected expenditures for prior year encumbrances that were carried over into the June 30, 2017. The majority of departmental expenditures current fiscal year. As of the end of the First Quarter, the are projected to be within the budget, with the exception amended budget totals$152.3 million. of the Police and Fire Departments that are currently projected to exceed their amended budgets. Personnel The following table reflects the General Fund amended Services are currently projected to end the fiscal year at a budget and actual expenditures by department as of deficit of$1.8 million. This is due to an estimated overage September 30, 2016. In total, Departments have expended in hourly expenditures in the Police Department as well as 34% of the General Fund budget after 25% of the fiscal anticipated overages in overtime expenses in both the year has elapsed. Expenditures are tracking ahead of the Police and Fire departments. budget as of the end of the First Quarter as a result the City's decision to incur the full annual costs for retirement Departmental expenditures for Supplies and Services are (CaIPERS) costs in effort to generate savings as a result of also projected to increase by $0.6 million over the an early payment incentive that was offered. amended budget, with the Police and Fire Departments each anticipating deficits of $0.3 million respectively. Overall, General Fund expenditures are tracking to exceed the budget by $2.4 million as of the end of the First Quarter. All other expenditure categories are projected to be within the amended budget. The Fire Department will be offsetting its projected deficits in Personnel Services and Supplies and Services categories by appropriating $1.2 million in Strike Team reimbursements received for responding to out of City fire incidents. This recommendation will be brought forward 2016-11-15 Agenda Packet Page 444 for approval in an agenda report to Council that Budget Transfers accompanies this report. The following table reflects the administrative budget transfers that have been approved through the third Staff will continue to monitor General Fund expenses and quarter. These changes result in no net fiscal impact to look for potential cost saving measures in order to remain the General Fund budget and are within the Council policy within budget during the current fiscal year. allowing for transfers up to$15,000. GENERAL FUND PROJECTIONS BY DEPARTMENT SUMMARY OF GENERAL FUND BUDGETTRANSFERS FOR JUNE 30, 2017 m Human Resources Jul-16Transfer for copier lease $352 Supvplies es a Capital City Council $ 1,569,741 $ 1,569,741 $ Animal Care Facility =Se el Services Boards and Commissions $ 19,179 $ 19,179 $ Sep-16 Transfer to cover $15,0ies and City Clerk $ 1,115,332 $ 1,115,332 $ contract expenditures City Attorney $ 3,080,052 $ 3,080,052 $ Administration $ 2,095,030 $ 2,095,030 $ Mid-Year Budget Amendments Information Technology Svcs $ 4,063,239 $ 4,063,239 $ Mid-year expenditure appropriations approved through Human Resources $ 2,726,895 $ 2,726,895 $ September 30, 2016 totaled $55,212. The City Council Finance $ 3,686,920 $ 3,686,920 $ approved changes to budgeted revenues of $73,788. Non-Departmental $ 12,181,629 $ 12,181,629 $ Combined, these changes result in a positive net impact of Animal Care Facility $ 2,973,062 $ 2,973,062 $ $18,576. Economic Development $ 1,947,006 $ 1,947,006 $ DevelopmentSvcs-GF $ 2,688,047 $ 2,688,047 $ The City Council approved the following budget Police $ 50,442,444 $ 51,606,292 $ (1,163,848) amendments during through the first quarter: Fire $ 28,109,564 $ 29,306,039 $ (1,196,475) Public Works $ 27,177,617 $ 27,177,617 $ SUMMARY OF GENERAL FUND BUDGET AMENDMENTS Recreation $ 4,476,993 $ 4,476,993 $ IIIt i,°°. IIV;,,m mim IIV;.® i i moo Library $ 3,901,570 $ 3,901,570 $ Principal Management Analyst and TOTAL EXPENDITURES $152,254,320 $154,614,643 $ (2,360,323) Senior Civil Engineer 7/1/2016 Reclassification(Public Works) $ 32,212 $ 32,212 $ Senior Economic Development Specialist Classification review 7/1/2016 (Economic Development) $ - $ - $ Addition of 1.00 Latent Print Examiner through County of San 8/2/2016 Diego Cal-ID Program(Police) $ 23,000 $ 23,000 $ Budget adjustments related to the new ERP Softwarewith Tyler 8/16/2016 Technologies(Various) $ - $ - $ Addition of Administrative Fees for 9/13/2016 Fiscal Agent Positions(Police) $ 18,576 $ $ 18,576 T'otafAppropriationstoDate $73,788 $ ;55,21 $, 18,516 2016-11-15 Agenda Packet Page 445 City of Chula Vista CITY OF CHULAVISTA Staff Report File#: 16-0534, Item#: 14. INVESTMENT REPORT FOR THE QUARTER ENDED SEPTEMBER 30, 2016 RECOMMENDED ACTION Council accept the report. SUMMARY Transmitted herewith is the City's investment report for the quarter ended September 30, 2016. To meet the reporting requirements set forth in the California Government Code Sections 53600 et seq. and the City of Chula Vista Investment Policy and Guidelines, a separate report was distributed to the City Council in October. ENVIRONMENTAL REVIEW The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" in accordance with Section 15378(b)(5) of the State CEQA Guidelines because it involves only acceptance of the Quarterly Investment Report; therefore it is an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. 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. BOARD/COM MISSION RECOMMENDATION Not Applicable. DISCUSSION The total cash and investment portfolio held by the City as of September 30, 2016 was $211,664,069 and total cash and investments held by the trustees was $81,629,954. The cash and investments held by the City are composed of the following components: Cash/Time Deposits ($17,297,651), Managed Investment Portfolio ($155,920,305), State of CA Local Agency Investment Fund ($1,644,424), County of San Diego Pooled Investment Fund ($34,750,741), unrealized gain ($1,504,228), and accrued interest on investment ($546,720). Cash and investments held by the City and the trustees continue to be invested in accordance with the Government Code and the Council Investment Policy as adopted by Resolution 2016-046 on March 15, 2016. During the quarter, nine investments matured totaling $28,985,000 and three investments totaling City of Chula Vista Page 1 of 3 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 446 File#: 16-0534, Item#: 14. $11,030,000 were sold prior to their maturity dates. Fifteen purchases were made to replace those investments and invest idle cash. Purchased investments include: four corporate notes issued by Branch Banking & Trust ($1,000,000), Morgan Stanley ($550,000), CitiGroup ($500,000), and Goldman Sachs ($500,000); five commercial paper totaling ($15,000,000); and six certificates of deposit totaling ($16,466,000). Public Financial Management (PFM), the City's investment advisor, continues to monitor the portfolio and will make recommendations as financial and economic conditions warrant. There is no further activity to report on other than routine investments by the City's fiscal agents. The Federal Open Market Committee (FOMC) maintained the Fed Funds target rate at a range of 0.25% to 0.50% through September. Two-year Treasuries yielding 0.58% at the beginning of the quarter ended higher at the end of the quarter at 0.76%. As of September 30, 2016, the Yield to Maturity at Cost on the Managed Investment Portfolio was 1.36%, which was an increase of six basis points from the previous quarter. At the end of this quarter, the weighted average maturity of the Managed Investment Portfolio was 2.11 years which is a decrease from 2.47 the previous quarter and is within the Council Policy. DECISION-MAKER CONFLICT Staff has determined that the action contemplated by this item is ministerial, secretarial, manual, or clerical in nature and, as such, does not require the City Council members to make or participate in making a governmental decision, pursuant to California Code of Regulations Title 2, section 18704(d) (1). Consequently, this item does not present a 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. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The investment portfolio supports the Operational Excellence goal as it seeks to maintain the safety and liquidity of the City's cash while contributing investment earnings to the bottom line. CURRENT YEAR FISCAL IMPACT Considering the projected timing of cash receipts and disbursements and the structure of the Pooled Investment Portfolio, the City should be able to comfortably meet overall cash flow needs over the next six months. There is no direct fiscal impact by this action. ONGOING FISCAL IMPACT There is no ongoing fiscal impact by this action. ATTACHMENTS 1. Summary of Cash and Investments as of September 30, 2016 City of Chula Vista Page 2 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�47 File#: 16-0534, Item#: 14. 2. PFM Investment Report for the Quarter Ended September 30, 2016 Staff Contact: Lisa Partee, Fiscal Management Analyst, Finance Department David Bilby, Director of Finance/Treasurer, Finance Department City of Chula Vista Page 3 of 3 Printed on 11/10/2016 powered by Lepslur'', 2016-11-15 Agenda Packet Page 448 Summary of Cash and Investments as of September 30, 2016 City of Chula Vista %of Investment Type Par Value Market Value Book Value Portfolio Managed Investment Portfolio BNY Custodial Cash Account $7,378,479 $7,378,479 $7,378,479 2.52% U.S. Treasury Bond/Note 55,930,000 56,577,300 55,948,411 19.08% Federal Agency Collateralized Mtg Ob. 1,375,000 1,381,817 1,388,769 0.47% Federal Agency Bond/Note 15,000,000 15,004,776 15,000,000 5.11% Corporate Notes 36,051,000 36,596,931 36,309,096 12.38% Commercial Paper 15,000,000 14,909,226 14,887,819 5.08% Certificates of Deposit 21,866,000 21,874,942 21,866,670 7.46% Asset Back Securities/Collateralized Mtg Ob. 3,140,000 3,151,424 3,141,061 1.07% Pooled Investments State of CA Local Agency Investment Fund 1,644,424 1,644,927 1,644,424 0.56% County of San Diego Pooled Investment Fund 34,750,741 34,750,741 34,750,741 11.85% Subtotal 192,135,644 193,270,563 192,315,470 65.57% Cash/Time Deposits 17,297,651 17,297,651 17,297,651 5.90% Unrealized Gain on Fair Market Value 1,504,228 1,504,228 1,504,228 0.51% Accrued Interest 546,720 546,720 546,720 0.19% Total Cash & Investments Held by the City $211,484,243 $212,619,162 $211,664,069 72.17% Held by Bank Trustee/Fiduciary Funds (1) Investment Agreements 0 0 0 0.00% Mutual Funds 29,607,018 29,607,514 29,607,018 10.09% Cash with Fiscal Agents 21,883 21,883 21,883 0.01% Restricted Cash 781,514 781,514 781,514 0.27% U.S. Gov't 51,219,539 51,219,539 51,219,539 17.46% Total Held by Bank Trustee/Fiduciary Funds $81,629,954 $81,630,450 $81,629,954 27.83% Total Portfolio $293,114,197 $294,249,612 $293,294,023 100.00% Notes: 1. Reflects bond proceeds and tax levy revenues held by trustee in accordance with bond covenants. 2. Par value is the principal amount of the investment on maturity. 3. Market values contained herein are received from sources we believe are reliable, however we do not guarantee their accuracy. 4. LAIF market value on the PFM statement does not include the market value factor as included in the market value above. 5. Book value is par value of the security plus or minus any premium or discount and accrued interest included in purchase price. 2016-11-15 Agenda Packet Page 449 City of Chula Vista Quarter Ended September 30, 2016 Summary of Portfolio Characteristics and Key Statistics Security Market %of Policy Sector Type' Value 2 Portfolio Limits Distribution U.S. Treasuries $56,577,300 29% 100% San Diego LAIF Federal Agencies $15,004,776 8% 100% Mone County Pool 1% Money 18% U.S. Federal Agency CMOs $1,381,817 1% 100% Fund, drkett Treasuries 29% Municipal Obligations $0 0% 100% Asset- Commercial Paper $14,909,226 8% 25% Backed Negotiable CDs $21,874,942 11% 30% Securities Corporate Notes $36,596,931 19% 30% Federal Asset-Backed Securities $3,151,424 2% 20% Corporate Agencies Money Market Fund $7,378,479 4% 20% Notes �� San Diego County Pool $34,750,741 18% 100% Federal Agency LAIF $1,644,424 1% $50 Million Negotiable_ Commercial CMOs CDs Paper 1% Totals $193,270,060 100% 11% 8% Credit Quality --- _AA 50% AAA 45% o 40% Not Rated �° 32% (LAIF) 2 30% F 20% AAAf/S1 F° 20% 18% (San Diego / 15% County) /` ° 10% 18% '` A 10% 10% L 5% Money m Market BBB3 CL Fund 2% 0% 4% A-1 (Short-term) Under 6 6-12 1 -2 2-3 3-4 4-5 19% Months Months Years Years Years Years Key StatiStiCS4 Total Return 5 Par Value $192,135,644 Unannualized Amortized Cost $192,249,685 Chula Vista Past Quarter -0.04% Weighted Average Maturity(years) 2.11 BAML 1-5 Yr TSY Index -0.19% Effective Duration (years) 1.99 Annualized Yield to Maturity at Cost 1.36% Chula Vista Past Quarter -0.16% Yield to Maturity at Market 1.08% IBAML 1-5 Yr TSY Index -0.74% Notes: 1.End of quarter trade-date market values of portfolio holdings.Percentages may not add to 100%due to rounding. 2.Balances held in LAIF and the San Diego County Investment Pool are not managed by PFM Asset Management LLC. 3.Nissan ABS is not rated by S&P,but is rated Aaa by Moody's.Goldman Sachs,Morgan Stanley and Citigroup are rated BBB+by S&P,but Goldman Sachs is rated A3 by Moody's,Morgan Stanley is rated A3 b Moody's and Citigroup is rated A by Fitch. 4.Yields,weighted average maturity,and effective duration exclude balances not managed by PFM Asset Management LLC. 5.Performance is measured on a total return basis,which takes into account interest income,realized gains and losses,and unrealized gains and losses due to changes in market value.Returns excludes balances not managed by PFM Asset Management LLC.Returns for periods less than 1 year are unannualized. Returns on trade date basis,gross(i.e.,before fees),in accordance with the CFA Institute's Global Investment Performance Standards(GIPS).Bank ofAmerica Merrill Lynch(BAML)Indices provided by Bloomberg Financial Markets.Annualized return for quarter assumes the portfolio generates the same unannualized return for four quarters. For the Quarter Ended September 30, 2016 QUARTERLY MARKET SUMMARY /7ixedIxcome Allanqgvelvent Summary Weekly unemployment filings continued tofall tolevels not seen since the ~ The volatile effects of Britain's Brexit vote to leave the European Union (EU) early 1S70a. while job openings reached record levels. Both were positive quickly dissipated atthe beginning ofthe third quartindioaUonaoflabor market etnength quarter . that any effects could take up to two years to play out. Investors turned their ^ Inflation pressures firmed slightly over the third quarter as the personal focus back tnfundamental economic factors, such asgrowth, inflation, and consumption expenditure (PCE) price index, the Fed'ofavored inflation the timing offuture rate hikes bythe Federal Reserve (Fed). metric, rose 1.796for the year ended August 31. Housing and medical ^ The Fed left rates unchanged at its third quarter meetings and lowered rate costs continued inrise.Average hourly earnings, onimportant measure of expectations in September. Given the upcoming U.S. presidential election, wages inthe manufacturing sector, grew 2.S% over the 12months ended the market expects no action at the Fed'o November meeting, but holds September, the 10thconsecutive month nfgreater than 2Y6year-over-yoar roughly a80Y6chance ofarate hike inDecember. (YbY)growth. ^ Other central banks continued toimplement accommodative monetary Interest Rates policy. The European Central Bank(EC�\ keptitnbenohmorkintereotr�t� (ECB) ^ Interest rates rose oiAni�oenUyinthe third qua�er reversing second-quarter naor0Y6andoondnuadits8O-bi||ion-euromonih|ybond-buyingprngram. ' declines spurred byBrexit Short-term as expectations �Weanwhi|o. the Bank ofJapan (BoJ) introduced two policies: one keeps � ' rebounded for aFed rate hike this yeo� e|ight|yDaUeningthe yie|duurve The 10-yearJapaneoegovernmentbondyie|donearzeropencent; thaother � hwo-yaarTreaauryyio|dclimbed 18basis pointo (bpo> vvhi|ethe yield onthe expands money supply und| in�eUonremains above the 2�� targeLThe (bps ), 1O-yearTreasury rose 12bpo Bank of England (BoE)joinod the easing by cutting its interest rata to O�2� � from 0.5O96and enacting abond purchase program tothe tune of10billion ^ |nthe money market space, shorter-term Treasury yields rebounded pounds omonth. from their second-quarter compression. Short-term credit instruments, like commercial paper and negotiable bank certificates ofdeposit (CDs). Economic Snapshot continued tooffer significant added income oayields remained elevated ^ The U.S. economy continued togrow otoslow but steady pace. Consumers ahead ofthe Securities and Exchange Commission's money market reform drove growth in the first half of the year, while business investment lagged. effective October 14 The labor market remained strong, with unemployment remaining Sector Performance below 596throughout most ofthe third quarter. The housing market was arguably the economy's strongest sector ashome sales rose tolevels not ^ Returns declined for U.S. Treasury indexes for the third quarter aayields seen since before the 2008financial crisis. rose, decreasing market values. The declines offset second quarter gains. ^ U.S. gross domestic product(GDP) grew ota1.4% rate inthe second Shorter maturity issues outperformed longer maturities. quarter, amodest rebound from the first quarter's U.896rate. Consumer ^ Non-callable federal agency spreads drifted tighter during the quarter, spending drove growth inthe second quarter, contributing the most toGDP leading to the sector's modest outperformance relative to comparable- since 2014, while weakness in business investment detracted the most maturity Treasuries. since 200S. Economic growth isexpected torebound inthe third quarter to ^ Corporate yield spreads tightened throughout most nfthe third quarter, between 2.596and 3%. reaching their lowest levels of the year, as Brexit fears abated and investors' ^ The unemployment rate ticked upto5.096bythe end ofthe third search for yield continued. The sector once again outperformed Treasuries. quarter, asthe pace ofhiring aligned with the pace ofeconomic growth. ^ Mortgage-backed (MBS) and asset-backed securities (ABS)outperformed September's modest addition of158.O0Ojobs rounded out aquarter that Treasuries for the first quarter this year as rising interest rates decreased added 575.000jobs, the most jobs added since the first quarter of2018. prepayment risk. 0D2M6xP*WAg90@4@Y*Mkurnen,LLC Page 451 For the Quarter Ended September 30, 2016 QUARTERLY MARKET SUMMARY Fixed Income Manqvelwent Economic Snapshot Labor Market Latest Jun 2016 Sep 2015 Unemployment Rate Aug'16 4.9% 4.9% 5.1% Unemployment Rate(left)vs.Change in Nonfarm Payrolls(right) Change In Non-Farm Payrolls Unemployment Rate 8% 4010KI Change 16 Non-Farm Payrolls— Aug�,1:6 151;000 271,000 149,600, 3 OK 7% 300K 250K Average Hourly Earnings(YoY) Aug'16 2.4% 2.6% 2.4% 6% 200K 150K Personal Income(YoY,), A6g'16 31%, 3,1%, 4,0% 5% 100K 50K 4% 11 0 Initial Jobless Claims(week) 9/23/16 254,000 270,000 277,000 9/30/13 3/31/14 9/30/14 3/31/15 9/30/15 3/31/16 Real GDP(QoQ SAAR) 2016Q2 1.4% 0.8%1 2.6%2 ReaIGDP (QoQ) 6% ............... ,GDP Personal Consumption(000 SAAR) 201602 4;3% 1,150%, 2.9%, 4% Retail Sales(YoY) Aug'16 1.9% 2.8% 2.1% 2% 0% M I'SM,Manufacturing:Survo,y(morith) AUg!16 49,4 X3'2 50,0 -21% Existing Home Sales SAAR(month) Aug'16 5.33 mil. 5.57 mil. 5.44 mil. 6/30/13 12/31/13 6/30/14 12/31/14 6/30/15 12/31/15 6/30/16 Inflation/Prices Personal Consumption Expenditures(YoY) Aug'16 1.0% 0.9% 0.2% Consumer Price Index _CPI(YoY) ---,Core CPI(YoY) 3% Consumer Price Index(YoY) Aug'16,, 11% 1,10% 0,0% 2% .. ........ ........ Consumer Price Index Core(YoY) Aug'16 2.3% 2.3% 1.9% 1% Cnide it Futures,(WTI,par barrel) Sep 30 $48.24 $48.33 $45.090% Gold Futures(oz.) Sep 30 $1,313 $1,321 $1,116 9/30/13 3/31/14 9/30/14 3/31/15 9/30/15 3/31/16 1. Data as of Fourth Quarter 2015 2.Data as of First Quarter 2015 Note:YoY=year over year, QoQ=quarter over quarter, SAAR=seasonally adjusted annual rate, WTI=West Texas Intermediate crude oil Source:Bloomberg 0 2M66P*WAg90#4T*Mkement LLC Page 452 For the Quarter Ended September 30, 2016 QUARTERLY MARKET SUMMARY Fixed 1111cowe Management Interest Rate Overview U.S. Treasury Note Yields U.S. Treasury Yield Curve 2.0% 3% ---------------------------------------------------------------------------------- 2% FAIR 1.5% al 71, 1% 1.0% Baa ol' ell 0% 0.5% --------------------------------------------------------------------------------- 0.0% 0 6/30/16 7/31/16 8/31/16 9/30/16 Maturity 2-Year 5-Year -10-Year -September 30,2016 June 30,2016 September 30,2015 U.S. Treasury Yields Yield Curves as of 9/30/2016 Change Change 111111HI, Maturity 9130/16 6/30/16 ove r 9/30/15 over Year Quarter 3% 3-month 0.28% 0.26% 0.02% (0.02%) 0.30% 100 All 11j, "If- Z 200 40 1 r 0.16% 0.31%,, 0�28% T_ % I, aim aim ��!ioz war 2-year 0.76% 0.58% 0.18% 0.63% 0.13% 1% 5-year 1,1s�% 1.00% 0.16%, 136%, (0,21%) 0% ...................... (Ti 10-year 1.60% 1.47% 0.13% 2.04% (0.44%) Maturity 30-year 2.32% 229% 0.03% 2.85% (0•63%) U.S.Treasury Federal Agency Industrial Corporates,A Rated Source:Bloomberg (D 2;M66P*WAg90#4W*Mkement LLC Page 453 For the Quarter Ended September 30, 2016 QUARTERLY MARKET SUMMARY Fixed Incowe Manavelnent BofA Merrill Lynch Index Returns As of 9/30/16 Returns for Periods ended 9/30/16 Duration Yield 3 Month 1 Year 3 Years Indices1-3 Year U.S. Treasury 1.90 0.78% (0.11%) 0.88% 0.85% FederalAgency, 1.69 0.90% 4:03% O}94% 0.96% U.S. Corporates, A-AAA rated 1.90 1.48% 0.17% 2.04% 1.60% Agency MBS(Q to 3 years) 2,22 1;40% A.29% 2.434/4 1.67'% Taxable Municipals 1.99 1.95% 0.56% 3.44% 2.71% Indices1-5 Year U.S. Treasury 2.73 0.90% (0.19%) 1.52% 1.43% Federal,Agerrcy 2,14` 0,984/4 ,0.004/6 1. 64/01Al% U.S. Corporates, A-AAA rated 2.76 1.66% 0.30% 3.01% 2.44% Agency MBS(0 to Syears) 3.29 1.81% 0.61% 3.294/4 2,914/4,, Taxable Municipals 2.64 1.90% 0.52% 4.16% 3.64% IndicesMaster or U.S. Treasury 6.59 1.28% (0.33%) 4.33% 3.70% FederalAgency 3190 1.27% 0.134/, 2.82% U.S. Corporates, A-AAA rated 7.16 2.46% 0.89% 7.52% 5.38% Agency MBS (Oto 30'years) 3.49 1.90% 0.61% 3.664/4 3.57% Taxable Municipals 4.09 2.43% 0.09% 5.53% 5.19% Returns for periods greater than one year are annualized. Source: BofA Merrill Lynch Indices 2M66MWAg9e#4R keme nt LLC Page 454 For the Quarter Ended September 30, 2016 QUARTERLY MARKET SUMMARY Fixed Income Management Disclosures The views expressed within this material constitute the perspective and judgment of PFM Asset Management LLC (PFMAM) at the time of distribution and are subject to change. Information is obtained from sources generally believed to be reliable and available to the public;however, PFMAM cannot guarantee its accuracy, completeness, or suitability. This material is for general information purposes only and is not intended to provide specific advice or recommendation. The information contained in this report is not an offer to purchase or sell any securities. PFMAM is registered with the Securities and Exchange Commission under the Investment Advisers Act of 1940. PFMAM's clients are state and local governments, non-profit corporations, pension funds, and similar institutional investors. www.pfm.com @ 2016 PFM Asset Management LLC. Further distribution is not permitted without prior written consent. PFMO PFM Asset Management LLC 0 2M66P*WAg90#4W*Mkement LLC Page 455 II1,JNA ; Managed Account Detail of Securities Held For the Month Ending September 30, 2016 CITY QF CHULA VISA Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value U.S.Treasury Bond / Note US TREASURY NOTES 912828VOO 4,500,000.00 AA+ Aaa 07/02/15 07/06/15 4,544,648.44 1.05 10,424.59 4,526,818.11 4,548,690.00 DTD 07/31/2013 1.375%07/31/2018 US TREASURY NOTES 912828RP7 3,895,000.00 AA+ Aaa 08/04/15 08/05/15 3,977,008.01 1.09 28,524.52 3,948,083.55 3,970,313.72 DTD 10/31/2011 1.750%10/31/2018 US TREASURY NOTES 912828A34 7,975,000.00 AA+ Aaa 07/02/15 07/06/15 7,994,314.46 1.18 33,501.54 7,987,388.84 8,048,521.53 DTD 12/02/2013 1.250%11/30/2018 US TREASURY NOTES 912828SD3 1,000.000.00 AA+ Aaa 02/19/15 02/23/15 994,023.44 1.41 2,105.98 996,422.45 1,009.727.00 DTD 01/31/2012 1.250%01/31/2019 US TREASURY NOTES 912828WLO 8,500,000.00 AA+ Aaa 07/02/15 07/06/15 8,543,828.13 1.36 42,848.36 8,530,194.89 8,642,443.00 DTD 06/02/2014 1.500%05/31/2019 US TREASURY NOTES 912828TR1 2,065,000.00 AA+ Aaa 04/23/15 04/27/15 2,039,348.83 1.29 56.73 2,047,474.06 2,071,292.06 DTD 10/01/2012 1.000%09/30/2019 US TREASURY NOTES 912828TR1 3,050,000.00 AA+ Aaa 05/01/15 05/04/15 3,001,867.19 1.37 83.79 3,016,956.67 3,059,293.35 DTD 10/01/2012 1.000%09/30/2019 US TREASURY NOTES 912828F62 1,500,000.00 AA+ Aaa 06/26/15 06/29/15 1,493,496.09 1.60 9,415.76 1,495,340.18 1,526,367.00 DTD 10/31/2014 1.500%10/31/2019 US TREASURY NOTES 912828F62 8,500,000.00 AA+ Aaa 07/02/15 07/06/15 8,500,664.06 1.50 53,355.98 8,500,517.91 8,649,413.00 DTD 10/31/2014 1.500%10/31/2019 US TREASURY NOTES 912828UB4 3,000,000.00 AA+ Aaa 05/26/15 05/28/15 2,940,468.75 1.46 10,081.97 2,957,820.45 3,005,976.00 DTD 11/30/2012 1.000%11/30/2019 US TREASURY NOTES 912828UOI 1,200,000.00 AA+ Aaa 10/08/15 10/13/15 1,196,296.88 1.32 1,284.53 1,197,099.91 1,210,827.60 DTD 02/28/2013 1.250%02/29/2020 US TREASURY NOTES 912828UOI 1,200,000.00 AA+ Aaa 10/23/15 10/23/15 1,196,156.25 1.33 1,284.53 1,196,971.66 1,210,827.60 DTD 02/28/2013 1.250%02/29/2020 US TREASURY NOTES 912828UOI 3,045,000.00 AA+ Aaa 11/13/15 11/13/15 3,002,774.41 1.59 3,259.50 3,011,230.62 3,072,475.04 DTD 02/28/2013 1.250%02/29/2020 US TREASURY NOTES 912828N89 3,000.000.00 AA+ Aaa 06/07/16 06/10/16 3,020,507.81 1.22 6,949.73 3,019,190.07 3,032.814.00 DTD 01/31/2016 1.375%01/31/2021 ....... 016= 1-4 encu acket atiag�w.�'��b,ent. �.� �.C g � � � � �. Page 456 II1,JNA ; Managed Account Detail of Securities Held For the Month Ending September 30, 2016 CITY QF CHULA VISA Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value U.S.Treasury Bond / Note US TREASURY NOTES 912828037 3,500,000.00 AA+ Aaa 06/07/16 06/10/16 3,503,007.81 1.23 120.19 3,502,834.79 3,518,319.00 DTD 03/31/2016 1.250%03/31/2021 Security Type Sub-Total 55,930,000.00 55,948,410.56 1.32 203,297.70 55,934,344.16 56,577,299.90 ObligationFederal Agency Collateralized Mortgage FANNIE MAE SERIES 2015-M13 ASQ2 3136AODOO 1,375,000.00 AA+ Aaa 10/07/15 10/30/15 1,388,769.11 1.08 1,886.04 1,385,019.56 1,381,816.70 DTD 10/01/2015 1.646%09/01/2019 Security Type Sub-Total 1,375,000.00 1,388,769.11 1.08 1,886.04 1,385,019.56 1,381,816.70 Federal Agency :. Note FFCB NOTES 3133EAY28 3,000,000.00 AA+ Aaa 09/21/12 09/21/12 3,000,000.00 0.83 691.67 3,000,000.00 3,001,599.00 DTD 09/21/2012 0.830%09/21/2017 FREDDIE MAC(EX-CALLABLE)BONDS 3134G32L3 3,000,000.00 AA+ Aaa 12/26/12 12/26/12 3,000,000.00 0.85 6,729.17 3,000,000.00 3,002,187.00 DTD 12/26/2012 0.850%12/26/2017 FANNIE MAE(CALLABLE)BONDS 3136G14X4 3,000,000.00 AA+ Aaa 12/27/12 12/27/12 3,000,000.00 0.90 7,050.00 3,000,000.00 2,995,842.00 DTD 12/27/2012 0.900%12/27/2017 FANNIE MAE(CALLABLE)NOTES 3135GOTV5 3,000,000.00 AA+ Aaa 01/30/13 01/30/13 3,000,000.00 1.03 5,235.83 3,000,000.00 2,998,728.00 DTD 01/30/2013 1.030%01/30/2018 FREDDIE MAC(EX-CALLABLE)BONDS 3134G45W4 3,000,000.00 AA+ Aaa 05/29/13 05/29/13 3,000,000.00 1.00 10,166.67 3,000,000.00 3,006,420.00 DTD 05/29/2013 1.000%05/29/2018 Security Type Sub-Total 15,000,000.00 15,000,000.00 0.92 29,873.34 15,000,000.00 15,004,776.00 Corporate PFIZER INC GLOBAL NOTES 717081DD2 2,000,000.00 AA Al 07/02/15 07/08/15 2,002,620.00 0.81 3,800.00 2,000,500.32 1,999,882.00 DTD 06/03/2013 0.900%01/15/2017 MORGAN STANLEY CORP NOTES 61761JVM8 550,000.00 BBB+ A3 09/30/16 09/30/16 552,849.00 1.46 2,463.54 552,842.82 552,246.20 DTD 12/05/2014 1.875%01/05/2018 BRANCH BANKING&TRUST NT(CALLABLE) 05531FAM5 1,000,000.00 A- A2 09/08/16 09/13/16 1,003,130.00 1.21 3,181.94 1,003,005.87 1,002,514.00 DTD 11/21/2012 1.450%01/12/2018 ....... ➢"];:;,,,AWL, 016= 1-4 encu acket atiag(w.�'��b,ent. LLC C g � � � � u� Page 457 II1,JNA ; Managed Account Detail of Securities Held For the Month Ending September 30, 2016 CITY QF CHULA VISA Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Corporate Note CITIGROUP INC CORP NOTES 172967GS4 500,000.00 BBB+ Baal 09/30/16 09/30/16 501,275.00 1.59 3,645.83 501,272.87 500,722.00 DTD 05/01/2013 1.750%05/01/2018 BERKSHIRE HATHAWAY NOTES 084664BWO 425,000.00 AA Aa2 07/23/15 07/27/15 423,763.25 1.41 2,087.22 424,279.06 426,416.95 DTD 05/15/2013 1.300%05/15/2018 BERKSHIRE HATHAWAY NOTES 084664BWO 1,346,000.00 AA Aa2 07/10/15 07/15/15 1,346,336.50 1.29 6,610.36 1,346,197.73 1,350,487.56 DTD 05/15/2013 1.300%05/15/2018 BANK OF AMERICA BANK NOTES 06050TMC3 800,000.00 A Al 10/20/15 10/23/15 801,160.00 1.69 4,511.11 800,752.86 804,625.60 DTD 06/05/2015 1.750%06/05/2018 CHEVRON CORP GLOBAL NOTES 166764AEO 1,500,000.00 AA- Aa2 04/23/15 04/27/15 1,523,610.00 1.21 6,943.58 1,513,049.75 1,513,219.50 DTD 06/24/2013 1.718%06/24/2018 GOLDMAN SACHS GROUP INC NOTES 38147MAA3 500,000.00 BBB+ A3 09/30/16 09/30/16 512,255.00 1.52 2,900.00 512,236.38 511,846.00 DTD 07/19/2013 2.900%07/19/2018 GOLDMAN SACHS GROUP INC NOTES 38147MAA3 975,000.00 BBB+ A3 10/28/15 10/28/15 1,004,298.75 1.77 5,655.00 994,514.80 998,099.70 DTD 07/19/2013 2.900%07/19/2018 CITIGROUP INC CORP NOTES 172967HC8 975,000.00 BBB+ Baal 10/28/15 10/28/15 991.233.75 1.91 338.54 986,177.96 990,472.28 DTD 09/26/2013 2.500%09/26/2018 US BANCORP NOTES(CALLABLE) 91159HHE3 3,000,000.00 A+ Al 08/17/15 08/19/15 3,021,840.00 1.72 22,100.00 3,014,268.96 3,038,109.00 DTD 11/07/2013 1.950%11/15/2018 BANK OF NY MELLN CORP(CALLABLE) 06406HCP2 1,000,000.00 A Al 09/18/15 09/21/15 1,007,240.00 1.87 4,433.33 1,004,994.30 1,016,716.00 NOTES DTD 11/18/2013 2.100%01/15/2019 IBM CORP NOTE 459200HT1 1,500,000.00 AA- Aa3 04/23/15 04/27/15 1,528,290.00 1.44 3,981.25 1,517,822.45 1,523,532.00 DTD 02/12/2014 1.950%02/12/2019 TOYOTA MOTOR CREDIT CORP 89236TCU7 1,530.000.00 AA- Aa3 02/16/16 02/19/16 1,529.816.40 1.70 3,034.50 1,529,853.41 1,541.935.53 DTD 02/19/2016 1.700%02/19/2019 CISCO SYSTEMS INC GLOBAL NOTES 17275RAR3 1,500,000.00 AA- Al 06/26/15 06/29/15 1,506,270.00 2.01 2,656.25 1,504,189.13 1,529,341.50 DTD 03/03/2014 2.125%03/01/2019 APPLE INC GLOBAL NOTES 037833AO3 1,500,000.00 AA+ Aal 06/26/15 06/29/15 1,511,475.00 1.89 12,687.50 1,507,836.00 1,532,794.50 DTD 05/06/2014 2.100%05/06/2019 016= 1-4 encu acket atiag(w.�'��b,ent. LLC C g � � � � u� Page 458 II1,JNA ; Managed Account Detail of Securities Held For the Month Ending September 30, 2016 CITY QF CHULA VISA Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Corporate Note AMERCIAN EXPRESS CREDIT CORP NOTES 0258MODP1 1,000,000.00 A- A2 09/18/15 09/21/15 1,003,820.00 2.15 2,875.00 1,002,850.63 1,020,414.00 DTD 08/15/2014 2.250%08/15/2019 GENERAL ELECTRIC CAP CORP(CALLABLE) 36962G7MO 1,500,000.00 AA- Al 05/26/16 06/01/16 1,533,555.00 1.56 7,516.67 1,530,462.77 1,537,819.50 DTD 01/09/2015 2.200%01/09/2020 JPMORGAN CHASE&CO(CALLABLE) 46625HKA7 1,000,000.00 A- A3 09/18/15 09/21/15 993,230.00 2.41 4,250.00 994,782.96 1,013,138.00 DTD 01/23/2015 2.250%01/23/2020 )PMORGAN CHASE&CO(CALLABLE) 46625HKA7 1,500,000.00 A- A3 04/23/15 04/27/15 1,504,815.00 2.18 6,375.00 1,503,408.74 1,519,707.00 DTD 01/23/2015 2.250%01/23/2020 WELLS FARGO&CO 94974BGF1 1,000,000.00 A A2 09/18/15 09/21/15 998,000.00 2.20 3,643.06 998,464.10 1,007,277.00 DTD 02/02/2015 2.150%01/30/2020 WELLS FARGO&CO 94974BGF1 1,500,000.00 A A2 03/26/15 03/27/15 1,500,045.00 2.15 5,464.58 1,500,039.96 1,510,915.50 DTD 02/02/2015 2.150%01/30/2020 AMERICAN HONDA FINANCE CORP NOTES 02665WAU5 1,500,000.00 A+ Al 03/26/15 03/27/15 1,506,045.00 2.06 1,612.50 1,504,272.44 1,532,926.50 DTD 03/13/2015 2.150%03/13/2020 AMERICAN EXP CREDIT CORP NT 0258MODT3 1,500.000.00 A- A2 06/26/15 06/29/15 1,485,135.00 2.59 12,369.79 1,488,775.53 1,534.140.00 (CALLABLE) DTD 05/26/2015 2.375%05/26/2020 BNY MELLON CORP NOTE(CALLABLE) 06406HDD8 1,500,000.00 A Al 10/08/15 10/09/15 1,525,875.00 2.22 4,766.67 1,520,810.90 1,551,303.00 DTD 08/17/2015 2.600%08/17/2020 AMERICAN HONDA FINANCE CB 02665WAZ4 1,000,000.00 A+ Al 10/08/15 10/09/15 1,005,680.00 2.33 476.39 1,004,615.17 1,028,208.00 DTD 09/24/2015 2.450%09/24/2020 PEPSICO INC CORP NOTES(CALLABLE) 713448DC9 2,000,000.00 A Al 06/01/16 06/06/16 2,032,540.00 1.76 19,947.22 2,030,206.08 2,052,496.00 DTD 10/14/2015 2.150%10/14/2020 MORGAN STANLEY CORP NOTES 61746BEAO 450,000.00 BBB+ A3 05/11/16 05/16/16 452,893.50 2.36 5,000.00 452,688.02 455,626.35 DTD 04/21/2016 2.500%04/21/2021 Security Type Sub-Total 36,051,000.00 36,309,096.15 1.80 165,326.83 36,245,171.97 36,596,931.17 Commercial Paper ....... 016= 1-4 encu acket atiag(w.�'��b,ent. LLC C g � � � � u� Page 459 II1,JNA ; Managed Account Detail of Securities Held For the Month Ending September 30, 2016 CITY QF CHULA VISA Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Commercial Paper ING(US)FUNDING LLC COMM PAPER 4497WOPN2 3,000,000.00 A-1 P-1 08/25/16 08/26/16 2,982,000.00 1.21 0.00 2,985,600.00 2,987,094.00 -- 0.000%02/22/2017 BANK OF TOKYO MITSUBISHI UFJ COMM 06538BPU1 3,000.000.00 A-1 P-1 08/30/16 08/31/16 2,981,749.17 1.22 0.00 2,984,874.99 2,985.855.00 PAPER -- 0.000%02/28/2017 CREDIT AGRICOLE CIB NY COMM PAPER 22533TPU4 3,000,000.00 A-1 P-1 08/30/16 08/31/16 2,981,900.00 1.21 0.00 2,985,000.00 2,985,981.00 -- 0.000%02/28/2017 BNP PARIBAS NY BRANCH COMM PAPER 09659BSP6 3,000,000.00 A-1 P-1 08/26/16 08/26/16 2,969,625.00 1.36 0.00 2,973,675.00 2,974,797.00 -- 0.000%05/23/2017 BANK OF MONTREAL CHICAGO COMM 06366GT25 3,000,000.00 A-1 P-1 09/07/16 09/09/16 2,972,545.23 1.25 0.00 2,974,815.93 2,975,499.00 PAPER -- 0.000%06/02/2017 Security Type Sub-Total 15,000,000.00 14,887,819.40 1.25 0.00 14,903,965.92 14,909,226.00 DepositCertificate of SUMITOMO MITSUI BANK NY CERT DEPOS 86563YCC5 3,000,000.00 A-1 P-1 08/30/16 08/31/16 2,999,997.98 0.90 3,225.00 2,999,998.68 3,002,270.70 DTD 08/19/2016 0.900%11/29/2016 NORDEA BANK FINLAND NY CERT DEPOS 65558LSH6 1,466,000.00 A-1+ P-1 09/29/16 09/30/16 1,466,671.63 1.08 1,405.32 1,466,667.21 1,466,550.34 DTD 09/02/2016 1.190%03/01/2017 SOCIETE GENERALE NY CERT DEPOS 83369YCM6 3,000.000.00 A-1 P-1 09/07/16 09/08/16 3,000.000.00 1.25 2,395.83 3,000.000.00 3,003.258.30 DTD 09/08/2016 1.250%03/07/2017 RABOBANK NEDERLAND NV CERT DEPOS 21684BXH2 2,400,000.00 A-1 P-1 04/22/15 04/27/15 2,400,000.00 1.07 11,413.33 2,400,000.00 2,398,783.20 DTD 04/27/2015 1.070%04/21/2017 BANK OF NOVA SCOTIA HOUSTON CERT 06417GNH7 3,000,000.00 A-1 P-1 08/26/16 08/26/16 3,000,000.00 1.35 4,050.00 3,000,000.00 3,000,844.20 DEPOS DTD 08/26/2016 1.350%07/25/2017 TORONTO DOMINION BANK NY CERT 89113WHS8 3,000,000.00 A-1+ P-1 08/26/16 08/26/16 3,000,000.00 1.37 4,140.00 3,000,000.00 2,996,818.02 DEPOS DTD 08/26/2016 1.380%08/21/2017 016= 1 1 encu acket atiag(w.�'��b,ent. LLC C 1 � g � � � � u� Page 460 II1,JNA ; Managed Account Detail of Securities Held For the Month Ending September 30, 2016 CITY QF CHULA VISA Security Type/Description S&P Moody's Trade Settle Original YTM Accrued Amortized Market Dated Date/Coupon/Maturity CUSIP Par Rating Rating Date Date Cost at Cost Interest Cost Value Certificate of Deposit CANADIAN IMPERIAL BANK NY CD 13606AY36 3,000,000.00 A-1 P-1 08/26/16 08/26/16 3,000,000.00 0.72 4,170.00 3,000,000.00 3,001,917.00 DTD 08/26/2016 1.390%08/28/2017 SKANDINAVISKA ENSKILDA BANKEN NY CD 83050FBG5 3,000,000.00 A-1 P-1 11/16/15 11/17/15 3,000,000.00 1.48 39.343.33 3,000.000.00 3,004,500.00 DTD 11/17/2015 1.480%11/16/2017 Security Type Sub-Total 21,866,000.00 21,866,669.61 1.16 70,142.81 21,866,665.89 21,874,941.76 CollateralizedAsset-Backed Security/ • Obligation HONDA ABS 2016-1 A3 43814NAC9 750,000.00 AAA NR 02/16/16 02/25/16 749,893.43 1.23 330.42 749,913.17 751,493.10 DTD 02/25/2016 1.220%12/18/2019 NISSAN ABS 2015-C A3 65478AAD5 860,000.00 NR Aaa 10/06/15 10/14/15 859,890.52 1.38 523.64 859,917.32 863,080.43 DTD 10/14/2015 1.370%05/15/2020 ALLY ABS 2016-3 A3 02007LAC6 530,000.00 AAA Aaa 05/24/16 05/31/16 529,948.54 1.44 339.20 529,952.88 532,796.60 DTD 05/31/2016 1.440%08/15/2020 BANK OF AMER CREDIT CARD TR 2015-A2 05522RCUO 1,000,000.00 AAA Aaa 10/26/15 10/28/15 1,001,328.12 1.30 604.44 1,001,089.67 1,004,054.30 DTD 04/29/2015 1.360%09/15/2020 Security Type Sub-Total 3,140,000.00 3,141,060.61 1.33 1,797.70 3,140,873.04 3,151,424.43 Managed Account Sub-Total 148,362,000.00 148,541,825.44 1.36 472,324.42 148,476,040.54 149,496,415.96 Securities Sub-Total $148,362,000.00 $148,541,825.44 1.36% $472,324.42 $148,476,040.54 $149,496,415.96 Accrued Interest $472,324.42 Total Investments $149,968,740.38 ....... ➢"];:;,,,AWL, 016= 1 1 encu acket atiag�w.�'��b,ent. LLC C 1 � g � � � � u� Page 461 Managed Account Security Transactions & Interest For the Month Ending July 31, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 07/01/16 07/25/16 FANNIE MAE SERIES 2015-M13 ASQ2 3136AODOO 1,375,000.00 0.00 1,886.04 1,886.04 DTD 10/01/2015 1.646%09/01/2019 07/03/16 07/03/16 FHLMC BONDS(CALLED,OMD 3134G32V1 3,000,000.00 0.00 13,125.00 13,125.00 01/03/2018) DTD 01/03/2013 0.875%07/03/2016 07/05/16 07/05/16 MONEY MARKET FUND MONEY0002 0.00 0.00 23.48 23.48 07/07/16 07/07/16 FFCB BONDS(CALLED,OMD 3133EA315 4,000,000.00 0.00 8,700.00 8,700.00 10/10/2017) DTD 10/10/2012 0.900%07/07/2016 07/09/16 07/09/16 GENERAL ELECTRIC CAP CORP 36962G7M0 1,500,000.00 0.00 16,500.00 16,500.00 (CALLABLE) DTD 01/09/2015 2.200%01/09/2020 07/11/16 07/11/16 FHLB NOTES(CALLED,OMD 31338IC78 3,000,000.00 0.00 2,114.17 2,114.17 11/28/2016) DTD 11/28/2012 0.590%07/11/2016 07/12/16 07/12/16 FHLB BONDS(CALLED,OMD 31338OZ34 3,000,000.00 0.00 5,925.00 5,925.00 10/23/2017) DTD 10/23/2012 0.900%07/12/2016 07/15/16 07/15/16 FFCB BONDS(CALLED,OMD 3133EA5A2 3,000,000.00 0.00 6,307.50 6,307.50 10/18/2017) DTD 10/18/2012 0.870%07/15/2016 07/15/16 07/15/16 FFCB BONDS(CALLED,OMD 3133ECOT4 4,000,000.00 0.00 3,750.00 3,750.00 05/30/2017) DTD 05/30/2013 0.750%07/15/2016 07/15/16 07/15/16 PFIZER INC GLOBAL NOTES 717081DD2 2,000,000.00 0.00 9,000.00 9,000.00 DTD 06/03/2013 0.900%01/15/2017 07/15/16 07/15/16 BANK OF NY MELLN CORP(CALLABLE) 06406HCP2 1,000,000.00 0.00 10,500.00 10,500.00 NOTES DTD 11/18/2013 2.100%01/15/2019 07/15/16 07/15/16 NISSAN ABS 2015-C A3 65478AAD5 860,000.00 0.00 981.83 981.83 DTD 10/14/2015 1.370%05/15/2020 07/15/16 07/15/16 BANK OF AMER CREDIT CARD TR 05522RCUO 1,000,000.00 0.00 1,133.33 1,133.33 2015-A2 DTD 04/29/2015 1.360%09/15/2020 016= 1 1 encu acket atiag�w.�'��b,ent. LLC C 1 � g � � � � u� Page 462 Managed Account Security Transactions & Interest For the Month Ending July 31, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 07/15/16 07/15/16 ALLY ABS 2016-3 A3 02007LAC6 530,000.00 0.00 636.00 636.00 DTD 05/31/2016 1.440%08/15/2020 07/18/16 07/18/16 HONDA ABS 2016-1 A3 43814NAC9 750,000.00 0.00 762.50 762.50 DTD 02/25/2016 1.220%12/18/2019 07/19/16 07/19/16 GOLDMAN SACHS GROUP INC NOTES 38147MAA3 975,000.00 0.00 14,137.50 14,137.50 DTD 07/19/2013 2.900%07/19/2018 07/23/16 07/23/16 JPMORGAN CHASE&CO(CALLABLE) 46625HKA7 1,500,000.00 0.00 16,875.00 16,875.00 DTD 01/23/2015 2.250%01/23/2020 07/23/16 07/23/16 JPMORGAN CHASE&CO(CALLABLE) 46625HKA7 1,000,000.00 0.00 11,250.00 11,250.00 DTD 01/23/2015 2.250%01/23/2020 07/30/16 07/30/16 WELLS FARGO&CO 94974BGF1 1,500,000.00 0.00 16,125.00 16,125.00 DTD 02/02/2015 2.150%01/30/2020 07/30/16 07/30/16 WELLS FARGO&CO 94974BGF1 1,000,000.00 0.00 10,750.00 10,750.00 DTD 02/02/2015 2.150%01/30/2020 07/30/16 07/30/16 FANNIE MAE(CALLABLE)NOTES 3135GOTV5 3,000,000.00 0.00 15,450.00 15,450.00 DTD 01/30/2013 1.030%01/30/2018 07/31/16 07/31/16 US TREASURY NOTES 912828N89 3,500,000.00 0.00 24,062.50 24,062.50 DTD 01/31/2016 1.375%01/31/2021 07/31/16 07/31/16 US TREASURY NOTES 912828VOO 4,500,000.00 0.00 30,937.50 30,937.50 DTD 07/31/2013 1.375%07/31/2018 07/31/16 07/31/16 US TREASURY NOTES 912828SD3 1,000,000.00 0.00 6,250.00 6,250.00 DTD 01/31/2012 1.250%01/31/2019 Transaction Type Sub-Total 46,990,000.00 0.00 227,182.35 227,182.35 07/03/16 07/03/16 FHLMC BONDS(CALLED,OMD 3134G32V1 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 01/03/2018) DTD 01/03/2013 0.875%07/03/2016 07/07/16 07/07/16 FFCB BONDS(CALLED,OMD 3133EA315 4,000,000.00 4,000,000.00 0.00 4,000,000.00 0.00 0.00 10/10/2017) DTD 10/10/2012 0.900%07/07/2016 07/11/16 07/11/16 FHLB NOTES(CALLED,OMD 313381C78 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 11/28/2016) DTD 11/28/2012 0.590%07/11/2016 ....... ➢"];:;,,,AWL, 016= 1 1 encu acket atiag�w.�'��b,ent. LLC C 1 � g � � � � u� Page 463 Managed Account Security Transactions & Interest For the Month Ending July 31, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 07/12/16 07/12/16 FHLB BONDS(CALLED,OMD 31338OZ34 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 10/23/2017) DTD 10/23/2012 0.900%07/12/2016 07/15/16 07/15/16 FFCB BONDS(CALLED,OMD 3133EA5A2 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 10/18/2017) DTD 10/18/2012 0.870%07/15/2016 07/15/16 07/15/16 FFCB BONDS(CALLED,OMD 3133ECOT4 4,000,000.00 4,000,000.00 0.00 4,000,000.00 0.00 0.00 05/30/2017) DTD 05/30/2013 0.750%07/15/2016 Transaction Type Sub-Total 20,000,000.00 20,000,000.00 0.00 20,000,000.00 0.00 0.00 Managed Account Sub-Total 20,000,000.00 227,182.35 20,227,182.35 0.00 0.00 Total Security Transactions $20,000,000.00 $227,182.35 $20,227,182.35 $0.00 $0.00 ....... 016= 1 1 encu acket atiag�w.�'��b,ent. LLC C 1 � g � � � � u� Page 464 Managed Account Security Transactions & Interest For the Month Ending August 31, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 08/25/16 08/26/16 ING(US)FUNDING LLC COMM PAPER 4497WOPN2 3,000,000.00 (2,982,000.00) 0.00 (2,982,000.00) -- 0.000%02/22/2017 08/26/16 08/26/16 TORONTO DOMINION BANK NY CERT 89113WHS8 3,000,000.00 (3,000,000.00) 0.00 (3,000,000.00) DEPOS DTD 08/26/2016 1.380%08/21/2017 08/26/16 08/26/16 BANK OF NOVA SCOTIA HOUSTON 06417GNH7 3,000,000.00 (3,000,000.00) 0.00 (3,000,000.00) CERT DEPOS DTD 08/26/2016 1.350%07/25/2017 08/26/16 08/26/16 BNP PARIBAS NY BRANCH COMM PAPER 09659BSP6 3,000,000.00 (2,969,625.00) 0.00 (2,969,625.00) -- 0.000%05/23/2017 08/26/16 08/26/16 CANADIAN IMPERIAL BANK NY CD 13606AY36 3,000,000.00 (3,000,000.00) 0.00 (3,000,000.00) DTD 08/26/2016 1.390%08/28/2017 08/30/16 08/31/16 BANK OF TOKYO MITSUBISHI UFJ 06538BPUI 3,000,000.00 (2,981,749.17) 0.00 (2,981,749.17) COMM PAPER -- 0.000%02/28/2017 08/30/16 08/31/16 SUMITOMO MITSUI BANK NY CERT 86563YCC5 3,000,000.00 (2,999,997.98) (900.00) (3,000,897.98) DEPOS DTD 08/19/2016 0.900%11/29/2016 08/30/16 08/31/16 CREDIT AGRICOLE CIB NY COMM 22533TPU4 3,000,000.00 (2,981,900.00) 0.00 (2,981,900.00) PAPER -- 0.000%02/28/2017 Transaction Type Sub-Total 24,000,000.00 (23,915,272.15) (900.00) (23,916,172.15) 08/01/16 08/25/16 FANNIE MAE SERIES 2015-M13 ASQ2 3136AODOO 1,375,000.00 0.00 1,886.04 1,886.04 DTD 10/01/2015 1.646%09/01/2019 08/02/16 08/02/16 MONEY MARKET FUND MONEY0002 0.00 0.00 3,539.24 3,539.24 08/12/16 08/12/16 IBM CORP NOTE 459200HTI 1,500,000.00 0.00 14,625.00 14,625.00 DTD 02/12/2014 1.950%02/12/2019 08/15/16 08/15/16 AMERCIAN EXPRESS CREDIT CORP 0258MODPI 1,000,000.00 0.00 11,250.00 11,250.00 NOTES DTD 08/15/2014 2.250%08/15/2019 ....... 016= 1-4 enc)a acket atiag�w.�'��b,ent. LLC C g � ) � � u� Page 465 Managed Account Security Transactions & Interest For the Month Ending August 31, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 08/15/16 08/15/16 BANK OF AMER CREDIT CARD TR 05522RCUO 1,000,000.00 0.00 1,133.33 1,133.33 2015-A2 DTD 04/29/2015 1.360%09/15/2020 08/15/16 08/15/16 NISSAN ABS 2015-C A3 65478AAD5 860,000.00 0.00 981.83 981.83 DTD 10/14/2015 1.370%05/15/2020 08/15/16 08/15/16 ALLY ABS 2016-3 A3 02007LAC6 530,000.00 0.00 636.00 636.00 DTD 05/31/2016 1.440%08/15/2020 08/17/16 08/17/16 BNY MELLON CORP NOTE(CALLABLE) 06406HDD8 1,500,000.00 0.00 19,500.00 19,500.00 DTD 08/17/2015 2.600%08/17/2020 08/18/16 08/18/16 HONDA ABS 2016-1 A3 43814NAC9 750,000.00 0.00 762.50 762.50 DTD 02/25/2016 1.220%12/18/2019 08/19/16 08/19/16 TOYOTA MOTOR CREDIT CORP 89236TCU7 1,530,000.00 0.00 13,005.00 13,005.00 DTD 02/19/2016 1.700%02/19/2019 08/24/16 08/24/16 FFCB(CALLED,OMD 06/19/17)BOND 3133ECAL8 3,000,000.00 0.00 3,954.17 3,954.17 DTD 12/19/2012 0.730%08/24/2016 08/31/16 08/31/16 US TREASURY NOTES 912828UOI 3,045,000.00 0.00 19,031.25 19,031.25 DTD 02/28/2013 1.250%02/29/2020 08/31/16 08/31/16 US TREASURY NOTES 912828UOI 1,200,000.00 0.00 7,500.00 7,500.00 DTD 02/28/2013 1.250%02/29/2020 08/31/16 08/31/16 US TREASURY NOTES 912828UOI 1,200,000.00 0.00 7,500.00 7,500.00 DTD 02/28/2013 1.250%02/29/2020 Transaction Type Sub-Total 18,490,000.00 0.00 105,304.36 105,304.36 08/24/16 08/24/16 FFCB(CALLED,OMD 06/19/17)BOND 3133ECAL8 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 DTD 12/19/2012 0.730%08/24/2016 Transaction Type Sub-Total 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 08/26/16 08/26/16 US TREASURY NOTES 912828PC8 6,530,000.00 6,940,165.63 47,976.87 6,988,142.50 49,995.32 68,582.90 SPEC LOT DTD 11/15/2010 2.625%11/15/2020 08/26/16 08/26/16 US TREASURY NOTES 912828N89 500,000.00 504,824.22 485.73 505,309.95 1,406.25 1,555.46 SPEC LOT DTD 01/31/2016 1.375%01/31/2021 016= 1 1 encu acket atiag�w.�'��b,ent. LLC C 1 � g � � � � u� Page 466 Managed Account Security Transactions & Interest For the Month Ending August 31, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 08/26/16 08/26/16 US TREASURY N/B 912828N48 4,000,000.00 4,108,593.75 10,842.39 4,119,436.14 41,406.25 44,699.63 SPEC LOT DTD 12/31/2015 1.750%12/31/2020 Transaction Type Sub-Total 11,030,000.00 11,553,583.60 59,304.99 11,612,888.59 92,807.82 114,837.99 Managed Account Sub-Total (9,361,688.55) 163,709.35 (9,197,979.20) 92,807.82 114,837.99 Total Security Transactions ($9,361,688.55) $163,709.35 ($9,197,979.20) 92,807.82 $114,837.99 ....... 016= 1 1 encu acket atiag�w.('��b,ent. LLC C 1 � g � � � � u� Page 467 Managed Account Security Transactions & Interest For the Month Ending September 30, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 09/07/16 09/08/16 SOCIETE GENERALE NY CERT DEPOS 83369YCM6 3,000,000.00 (3,000,000.00) 0.00 (3,000,000.00) DTD 09/08/2016 1.250%03/07/2017 09/07/16 09/09/16 BANK OF MONTREAL CHICAGO COMM 06366GT25 3,000,000.00 (2,972,545.23) 0.00 (2,972,545.23) PAPER -- 0.000%06/02/2017 09/08/16 09/13/16 BRANCH BANKING&TRUST NT 05531FAM5 1,000,000.00 (1,003,130.00) (2,456.94) (1,005,586.94) (CALLABLE) DTD 11/21/2012 1.450%01/12/2018 09/29/16 09/30/16 NORDEA BANK FINLAND NY CERT 65558LSH6 1,466,000.00 (1,466,671.63) (1,356.86) (1,468,028.49) DEPOS DTD 09/02/2016 1.190%03/01/2017 09/30/16 09/30/16 CITIGROUP INC CORP NOTES 172967GS4 500,000.00 (501,275.00) (3,621.53) (504,896.53) DTD 05/01/2013 1.750%05/01/2018 09/30/16 09/30/16 MORGAN STANLEY CORP NOTES 61761JVM8 550,000.00 (552,849.00) (2,434.90) (555,283.90) DTD 12/05/2014 1.875%01/05/2018 09/30/16 09/30/16 GOLDMAN SACHS GROUP INC NOTES 38147MAA3 500,000.00 (512,255.00) (2,859.72) (515,114.72) DTD 07/19/2013 2.900%07/19/2018 Transaction Type Sub-Total 10,016,000.00 (10,008,725.86) (12,729.95) (10,021,455.81) 09/01/16 09/01/16 CISCO SYSTEMS INC GLOBAL NOTES 17275RAR3 1,500,000.00 0.00 15,937.50 15,937.50 DTD 03/03/2014 2.125%03/01/2019 09/01/16 09/25/16 FANNIE MAE SERIES 2015-M13 ASQ2 3136AODOO 1,375,000.00 0.00 1,886.04 1,886.04 DTD 10/01/2015 1.646%09/01/2019 09/02/16 09/02/16 MONEY MARKET FUND MONEY0002 0.00 0.00 5,353.53 5,353.53 09/06/16 09/06/16 FANNIE MAE BONDS(CALLED 06/06/18) 3135GOXS7 3,000,000.00 0.00 8,437.50 8,437.50 DTD 06/06/2013 1.125%09/06/2016 09/13/16 09/13/16 AMERICAN HONDA FINANCE CORP 02665WAU5 1,500,000.00 0.00 16,125.00 16,125.00 NOTES DTD 03/13/2015 2.150%03/13/2020 09/15/16 09/15/16 BANK OF AMER CREDIT CARD TR 05522RCUO 1,000,000.00 0.00 1,133.33 1,133.33 2015-A2 DTD 04/29/2015 1.360%09/15/2020 ....... 016= 1 1 enc)a acket atiag�w.�'��b,ent. LLC C 1 � g � ) � � u� Page 468 Managed Account Security Transactions & Interest For the Month Ending September 30, 2016 CITY QF CHULA VISA Transaction Type Principal Accrued Realized G/L Realized G/L Sale Trade Settle Security Description CUSIP Par Proceeds Interest Total Cost Amort Cost Method 09/15/16 09/15/16 ALLY ABS 2016-3 A3 02007LAC6 530,000.00 0.00 636.00 636.00 DTD 05/31/2016 1.440%08/15/2020 09/15/16 09/15/16 NISSAN ABS 2015-C A3 65478AAD5 860,000.00 0.00 981.83 981.83 DTD 10/14/2015 1.370%05/15/2020 09/18/16 09/18/16 HONDA ABS 2016-1 A3 43814NAC9 750,000.00 0.00 762.50 762.50 DTD 02/25/2016 1.220%12/18/2019 09/21/16 09/21/16 FFCB NOTES 3133EAY28 3,000,000.00 0.00 12,450.00 12,450.00 DTD 09/21/2012 0.830%09/21/2017 09/24/16 09/24/16 AMERICAN HONDA FINANCE CB 02665WAZ4 1,000,000.00 0.00 12,250.00 12,250.00 DTD 09/24/2015 2.450%09/24/2020 09/26/16 09/26/16 CITIGROUP INC CORP NOTES 172967HC8 975,000.00 0.00 12,187.50 12,187.50 DTD 09/26/2013 2.500%09/26/2018 09/30/16 09/30/16 US TREASURY NOTES 912828TR1 2,065,000.00 0.00 10,325.00 10,325.00 DTD 10/01/2012 1.000%09/30/2019 09/30/16 09/30/16 US TREASURY NOTES 912828811 2,985,000.00 0.00 14,925.00 14,925.00 DTD 09/30/2011 1.000%09/30/2016 09/30/16 09/30/16 US TREASURY NOTES 912828037 3,500,000.00 0.00 21,875.00 21,875.00 DTD 03/31/2016 1.250%03/31/2021 09/30/16 09/30/16 US TREASURY NOTES 912828TR1 3,050,000.00 0.00 15,250.00 15,250.00 DTD 10/01/2012 1.000%09/30/2019 Transaction Type Sub-Total 27,090,000.00 0.00 150,515.73 150,515.73 09/06/16 09/06/16 FANNIE MAE BONDS(CALLED 06/06/18) 3135GOXS7 3,000,000.00 3,000,000.00 0.00 3,000,000.00 0.00 0.00 DTD 06/06/2013 1.125%09/06/2016 09/30/16 09/30/16 US TREASURY NOTES 912828R31 2.985,000.00 2,985,000.00 0.00 2,985,000.00 (24,836.13) 0.00 DTD 09/30/2011 1.000%09/30/2016 Transaction Type Sub-Total 5,985,000.00 5,985,000.00 0.00 5,985,000.00 (24,836.13) 0.00 Managed Account Sub-Total (4,023,725.86) 137,785.78 (3,885,940.08) (24,836.13) 0.00 Total Security Transactions ($4,023,725.86) $137,785.78 ($3,885,940.08) ($24,836.13) $0.00 016= 1 1 enc)a acket atiag(w.)')�b,ent. LLC C 1 � g � � � � u� Page 469 City of Chula Vista W-�� cITY OF AV Staff Report File#: 16-0489, Item#: 15. CONSIDERATION OF A REQUEST TO WAIVE UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES BY RANCHO VISTA CHURCH RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WAIVER OF UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES FOR THE RANCHO VISTA COVENANT CHURCH PROJECT AT 2088 OTAY LAKES ROAD, SUITES 101 AND 201 (PCC-15-014) AND MAKING THE REQUIRED FINDINGS THEREFOR RECOMMENDED ACTION Council conduct the public hearing and adopt the resolution. SUMMARY Rancho Vista Covenant Church (Rancho Vista Church) submitted a Conditional Use Permit (CUP) application, requesting approval to relocate from temporary facilities to 2088 Otay Lakes Road, Suites 101 and 201. The CUP was approved by the Zoning Administrator on January 13, 2016. On February 1, 2016 the CUP was appealed, with the costs of processing that appeal borne by Rancho Vista Church. The appeal was subsequently withdrawn, prior to public hearing. Rancho Vista Church has requested a partial waiver of the fees assessed for processing the appeal. 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 Determination The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not have a direct or indirect effect on 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. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION On August 25, 2015, Rancho Vista Church applied for a CUP to establish a church at 2088 Otay Lakes Road, Suites 101 and 201. A Notice of Application (NOA) was issued on September 1, 2015 describing the proposed project. On October 15, 2015, a letter was received from attorney Benjamin City of Chula Vista Page 1 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�70 File#: 16-0489, Item#: 15. Green, representing Carillo Commercial Properties, LLC, located at 2088 Otay Lakes Road, Suites 102 and 202 (the business office condominium abutting the proposed church location) requesting that the subject CUP be denied. The City's Zoning Administrator issued a Notice of Decision (NOD) on January 13, 2016, granting the CUP. On February 1, 2016, Frank Carillo of Carillo Commercial Properties, LLC filed an appeal of the Zoning Administrator's decision. City staff began processing the appeal, including preparing for a public hearing of the City Council to consider the appeal. After significant staff effort, but prior to the planned public hearing, appellant Carillo withdrew the appeal. Per the City's Master Fee Schedule, the original applicant is responsible for all staff costs incurred processing an appeal. Rancho Vista Church submitted an initial deposit in the amount of $5,000 to fund this effort. Staff time charges incurred totaled $8,954, leaving an amount due of$3,954. Master Fee Schedule Fee Waiver Procedures Per Section 3.45.010(C) of the Chula Vista Municipal Code (CVMC), fees set forth in the Master Fee Schedule may be waived, in accordance with the following procedures: 1. Any person requesting an abatement of a fee herein charged shall request said abatement in writing, addressed to the waiving authority, and shall set forth herein, with specificity, the reasons for requesting said abatement of all or any portion of the fees. 2. The waiving authority shall conduct a public hearing, notice of which is not required to be published. Notice of said public hearing shall be given to the applicant and to any party or parties requesting notice of same. 3. Prior to abating all or any portion of a fee established in the master fee schedule, the waiving authority shall find a peculiar economic hardship or other injustice would result to the applicant which outweighs, when balanced against, the need of the City revenue and the need for a uniform method of recovering same from those against whom it is imposed. Section 3.45.010(D) defines the waiving authority as follows: "Waiving authority,"as the term is used herein, shall mean the City Manager, or his designee, if the amount of such waiver is less than or equal to the greater of(1) $2,500 or(2) 25 percent of the fee imposed by the master fee schedule. if the amount of the waiver is greater than the greater of $2,500 or 25 percent of the original fee imposed by the master fee schedule, the "waiving authority,"as used herein, shall mean the City Council. Consistent with the CVMC fee waiver provisions, Debra Farrar submitted a request for a fee waiver in the amount of $2,500 on behalf of Rancho Vista Church to City Manager Halbert on September 6, 2016 (see Attachment 1). The fee waiver request was approved in full, reducing the outstanding amount due to $1,454. Per CVMC 3.45.010(D), the City Manager's waiver authority has been exhausted, and any additional waiver requires the action of the City Council. At the September 13, 2016 meeting of the City Council, Chula Vista resident Debra Farrar spoke during public comments, requesting a fee waiver on behalf of Rancho Vista Church. A Council referral was made for staff to return with a future agenda item to consider waiving the fees. This staff report has been prepared in response to the referral. City of Chula Vista Page 2 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�71 File#: 16-0489, Item#: 15. The resolution, if approved, makes the required findings pursuant to the CVMC fee waiver provisions and waives a total of$1,454 in uncollected staff time reimbursements. DECISION-MAKER CONFLICT Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100, et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS Not Applicable. CURRENT YEAR FISCAL IMPACT If approved, the waiver would result in unreimbursed staff time charges in the Development Services Fund totaling $1,454. There is no General Fund impact. ONGOING FISCAL IMPACT All staff costs associated with processing the withdrawn appeal were incurred in fiscal year 2015-16. There is no ongoing fiscal impact to the General Fund or the Development Services Fund. ATTACHMENTS 1. Farrar letter dated September, 6, 2016. Staff Contact: Tiffany Allen, Development Services Department City of Chula Vista Page 3 of 3 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�72 RANCHO VISTA CHURCH 2088 Otay Lakes Road Chula Vista, CA 91915 619 540-1221 September 6, 2016 Mr. Gary Halbert, City Manager City of Chula Vista 276 411°Avenue Chula Vista, CA 91910 Dear Mr. Halbert: This is a formal request to waive $2,500 in fees incurred by Rancho Vista Church regarding a Conditional Use Permit appeal. Per Kelly Broughton, our total staff time charges are $8,954.04. We are a small non- profit and this has a significant negative impact on us. The business that appealed our C.U.P.withdrew the appeal one week before the hearing. The business that filed the appeal only incurred a nominal charge of$250 and the large staffing cost were passed onto the church. Please consider using your discretion to waive $2.500 of the staff expenses. Sincerely, 06d Debra Farrar, Development Team Liaison Ranch Vista Church 2016-11-15 Agenda Packet Page 473 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE WAIVER OF UNCOLLECTED CONDITIONAL USE PERMIT APPEAL PROCESSING FEES FOR THE RANCHO VISTA COVENANT CHURCH PROJECT AT 2088 OTAY LAKES ROAD, SUITES 101 AND 201 (PCC-015-014) AND MAKING THE REQUIRED FINDINGS THEREFOR WHEREAS, at the September 13, 2016 meeting of the Chula Vista City Council, Debra Farrar requested a fee waiver on behalf of Rancho Vista Covenant Church during Public Comments; and WHEREAS, Council directed staff to return with an item to consider such a waiver; and WHEREAS, Rancho Vista Covenant Church applied for and received a Conditional Use Permit (CUP) to establish a church at 2088 Otay Lakes Road, Suites 101 and 201; and WHEREAS, the Zoning Administrator's issuance of the subject CUP was appealed by Carillo Commercial Properties; and WHEREAS, per the City's Master Fee Schedule, the original permit applicant is responsible for all staff costs incurred processing an appeal; and WHEREAS, Rancho Vista Covenant Church deposited a total of $5,000 to offset staff time charges associated with processing the appeal of their CUP; and WHEREAS, City staff costs incurred totaled $8,954, of which $2,500 was waived by the City Manager under his authority pursuant to Chula Vista Municipal Code (CVMC) Chapter 3.45 following receipt of a written request for waiver of said fees, leaving an outstanding amount due of$1,454; and WHEREAS, Rancho Vista Covenant Church is requesting a waiver of the outstanding amount due of$1,454; and WHEREAS, in accordance with CVMC Section 3.45.010, the City Council held a public hearing on the requested waiver of the outstanding amount due of$1,454. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it hereby finds the submittal of a written request for the waiver of $2,500 on September 6, 2016 and the verbal request for an additional fee waiver made during public comments at the City Council meeting held on September 13, 2016 substantially meets the requirements of CVMC 3.45.010(C)(1). 2016-11-15 Agenda Packet Page 474 BE 1T FURTHER RESOLVED by the City Council of the City of Chula Vista, that it also hereby fords that collecting the outstanding appeal processing fees from Rancho Vista Covenant Church would result in a peculiar economic hardship which outweighs the need for City revenue and the need for a uniform method of recovering the same. BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista, that it approves the waiver of uncollected Conditional Use Permit appeal processing fees for the Rancho Vista Covenant Church project at 2088 Otay Lakes Road, Suites 101 and 201 (PCC-15- 014). Presented by: Approved as to form by: Kelly G. Broughton, FASLA Glen R. Googins Director of Development Services City Attorney 2016-11-15 Agenda Packet Page 475 City of Chula Vista W-�� cITY OF AV Staff Report File#: 15-0503, Item#: 16. CONSIDERATION OF APPROVING THE AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT BETWEEN THE CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT BETWEEN THE CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT RECOMMENDED ACTION Council adopt the resolution. SUMMARY On May 8, 2012, the City Council approved the Chula Vista Bayfront Master Plan Financing Agreement with the San Diego Unified Port District, addressing the financing, development, and construction of public improvements, infrastructure, and a conference center pursuant to the Chula Vista Bayfront Master Plan (CVBMP). An amendment to the Financing Agreement is recommended in order to reflect updated commitments from both agencies. ENVIRONMENTAL REVIEW Environmental Notice The Project was adequately covered in previously adopted Environmental Impact Report U PD#83356-E I R-65B/ SCH#20005081077. Environmental Determination The Development Services Director has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity was covered in previously adopted Environmental Impact Report UPD#83356-EIR-65B/SCH#2005081077. The Development Services Director has also reviewed the proposed activity for additional compliance with CEQA and has determined that there is no possibility that the activity may have a significant effect on the environment; therefore, pursuant to Section 15061(b)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is required. BOARD/COMMISSION RECOMMENDATION Not Applicable. DISCUSSION In 2002, the City of Chula Vista and the Unified Port District of San Diego (the "Port") began a collaborative planning process to create a master plan for the approximately 535-acre Chula Vista City of Chula Vista Page 1 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�76 File#: 15-0503, Item#: 16. Bayfront area. The Chula Vista Bayfront Master Plan (CVBMP) was designed to transform Chula Vista's underutilized industrial Bayfront landscape into a thriving residential and world-class waterfront resort destination. The CVBMP represents the last significant waterfront development opportunity in Southern California and is the result of a decade-long joint planning effort by a broad coalition of stakeholders, the Port, the City, and Pacifica Companies. The CVBMP will create thousands of new jobs, create new public parks, protect natural coastal resources, provide conference and visitor-serving amenities and build an important asset for the San Diego region, the South Bay, Chula Vista residents, and coastal visitors. At buildout, more than 40% of the CVBMP project area will be dedicated to parks, open space, and habitat restoration/preservation. Anticipated economic benefits include the creation of more than 2,200 permanent jobs, nearly 7,000 temporary construction jobs, and numerous indirect jobs in the regional economy. The master plan will be implemented jointly by the City and the Port in four major phases over a 24- year period. Phase one of implementation includes the development of a resort conference center, the creation of public parks and open space, the restoration of habitat areas, and the construction of a new fire station and mixed-use residential development. CVBMP Financing Agreement, Approved Approved by City Council in May of 2012 via Resolution 2012-078, the CVBMP Financing Agreement establishes a fiscal foundation for creating a world-class Bayfront that reflects strong planning and design principles, environmental protection, economic feasibility, and community benefits. The capital projects and activities to be funded per the Financing Agreement will promote public access to and engagement with the waterfront, while enhancing the quality and protection of key habitat areas. The adopted Financing Agreement identifies the revenue sources necessary to construct and maintain public improvements, infrastructure, and other facilities necessary to implement the CVBMP in accordance with the Final Environmental Impact Report (FEIR) approved by the City and the Port on May 16, 2010. Anticipated sources of funds per the Financing Agreement include the following: 1. Ground lease revenues generated by the Resort Hotel and Conference Center project (RHCC). (Port) 2. Other new, long-term ground leases in the CVBMP project area. (Port) 3. Transient Occupancy Taxes (TOT) generated within the CVBMP project area. (City) 4. Tourism Marketing District Assessments. (City) 5. Park Fees. (City/Developer) 6. Pacifica Unit Contribution per the Chula Vista Bayfront Master Plan Settlement Agreement. Developer) 7. Development Impact Fees. (City/Developer) The adopted Financing Agreement contemplates that revenue sources #1 through #4 above would be contributed to the project on a net basis, following the repayment of operation & maintenance (O&M) costs incurred by each agency. In addition to identifying specific revenue streams, the Financing Agreement also provides that the City of Chula Vista Page 2 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�77 File#: 15-0503, Item#: 16. City and the Port will: 1. Establish a Joint Powers Authority (JPA) to facilitate the financing of public improvements and the conference center; 2. Work cooperatively to develop a more definitive Plan of Finance, with the assistance of Bond Counsel and the Investment Banking Community; 3. Cooperate in good faith and use their respective best efforts to negotiate an agreement relating to the provision of a Fire Station serving the CVBMP project area ("Bayfront Fire Station"); and 4. Cooperate to develop a transit plan consistent with the shuttle service identified in the FEIR (the "Transit Plan"), including identification of funding sources for associated capital costs and operation costs. CVBMP Financing Agreement, Implementation to Date Since the 2012 adoption of the Financing Agreement, the City and the Port have taken a number of implementing actions, including formation of the required JPA (#1 above)'. In addition, the City and Port worked collaboratively to develop the Chula Vista Bayfront Master Plan Public Access Program (PAP). Adopted by the Port and certified by the California Coastal Commission in late 2012, the PAP defines and implements an extensive multi-modal pedestrian, bicyclist, mass-transit and automobile based system, in order to provide a variety of free and low-cost waterfront public recreational opportunities for residents and visitors. The PAP establishes a Public Transit plan for the CVBMP, including the required shuttle service (#4 above). The proposed Amendment to the Financing Agreement before the Council tonight addresses several of the remaining outstanding implementation items. CVBMP Financing Agreement, Recommended Amendment While the City and Port have worked to implement the provisions of the adopted Financing Agreement, the vision for the RHCC project and the necessary public investment has continued to evolve. As such, a number of modifications to the adopted CVMBP Financing Agreement are recommended to better reflect the anticipated contribution from each agency. The proposed Amended and Restated Agreement is included as Attachment 1. Significant changes proposed are as follows: 1. Assumed payment of O&M costs prior to application of net revenues streams to project has been removed. All revenue streams are now considered on a gross basis. (City/Port) 2. Addition of ground lease revenues generated by existing uses in the CVBMP project area. Port) 3. Acknowledgement of previously committed Port Land Exchange Payment, to be applied to CVBMP public improvements. (Port/Developer) 4. Acknowledgement of previously committed SDG&E Relocation Fees, to be applied to CVBMP public improvements. (Port/SDG&E) 5. Addition of sales tax revenues generated by the RHCC project. (City) 6. New agreement to pursue formation of an Enhanced Infrastructure Financing District (EIFD) with the County of San Diego. If formed, the incremental Property Tax and Property Tax In- Lieu of Motor Vehicle License Fee revenues generated by the project would be dedicated to project infrastructure. The EIFD funds replace tax increment that would have been generated under the City's now defunct Redevelopment Agency, as anticipated in the original agreement. City of Chula Vista Page 3 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�78 File#: 15-0503, Item#: 16. Should the County not approve formation of the EIFD, the City will contribute an amount equal to the City's share of project generated incremental Property Tax and Property Tax In-Lieu revenues. (City) 7. Addition of City General Fund discretionary revenues, in an amount equal to the annual funds currently received from the Port, reimbursing the City for the cost of providing public safety services within the Chula Vista tidelands area ("MSA Funds"). (City) 8. New agreement to pursue creation of a mechanism to generate additional occupancy-based revenues, replacing previous Tourism Marketing District Assessments (Chula Vista Tourism Marketing District was disestablished in 2012). (City) 9. Addition of Sewer Facility funds to finance specific sewer improvements in the CVBMP project area. (City) 10.City acceptance of sole responsibility for provision of the planned Bayfront Fire Station. (City) 11. City acceptance of sole responsibility for operation, including funding, of shuttle service per the CVBMP Transit Plan (as described in the CVBMP PAP). (City) Joint Powers Authority (JPA) Through the Financing Agreement, the City and the District agreed to establish a JPA to provide for or facilitate the financing of CVBMP public improvements and the planned conference center. In May of 2014, the City Council adopted Resolution 2014-070 approving a Joint Exercise of Powers Agreement (JEPA) with the Port and creating the "Chula Vista Bayfront Facilities Financing Authority" (the "Authority"). The Authority, as formed, is a separate public entity from the City and the District, with the sole purpose of assisting in the financing and refinancing of the capital improvement projects of the CVBMP, as contemplated in the Financing Agreement. Under California law and the JEPA, the liabilities or obligations of the Authority will not be the debts, liabilities or obligations of the City, the District, or any representative of the City or District serving on the governing body of the Authority. The Governing Board of the Authority, when seated, will consist of five (5) members, as follows: Two (2) members appointed by the City Council; Two (2) members appointed by the Port District; and One (1) member will be the Chula Vista appointed Port Commissioner. To date, no members have been appointed to the Governing Board. Board Members must be members of the governing body or employees of the Port District or the City, as applicable. All administrative functions (Secretary, Treasurer, and Executive Director) will be fulfilled by existing Port District staff. Seating of the board is anticipated to follow adoption of the Plan of Finance. Plan of Finance The future Plan of Finance will utilize all sources of funds identified in the Financing Agreement to support the construction of public improvements and amenities, attached as Exhibits C-1, C-2, E-1, and E-2 to the Finance Agreement, as well as development of the RHCC. Following approval of the Amended and Restated CVBMP Financing Agreement, City and Port staff will begin drafting the Plan of Finance. DECISION-MAKER CONFLICT City of Chula Vista Page 4 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�79 File#: 15-0503, Item#: 16. Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18702.2(a)(11), for purposes of the Political Reform Act (Cal. Gov't Code §87100,et seq.). Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter. LINK TO STRATEGIC GOALS The City's Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. Adopting the Amended and Restated CVBMP Financing Agreement supports the Economic Vitality Goal by continuing implementation of the Chula Vista Bayfront Master Plan, Initiative 2.1.1 of the City's Strategic Plan. CURRENT YEAR FISCAL IMPACT The Amended and Restated Financing Agreement sets forth the anticipated funding sources and methodology for the preparation of a future Plan of Finance for the CVBMP project. Approval of the Amended and Restated Financing Agreement results in no current year fiscal impact. ONGOING FISCAL IMPACT Specific commitments of revenues and other forms of financial support for the CVBMP will be determined in a future Plan of Finance, yet to be negotiated. The Amended and Restated Financing Agreement reflects the expected forms of support from each public agency (City and Port), but is non -binding without further action of the respective legislative bodies. Anticipated City Contribution Project support is expected to include a combination of one-time and ongoing contributions from the City, the Port, and the County (EIFD only). One-time contributions are generally tied to the construction of specific public infrastructure (roadways, parks, etc.). Per conditions of the FEIR, much of the planned CVBMP infrastructure must be constructed prior to, or concurrent with, initial private development. Development impact and in-lieu fee revenues will be generated over the entirety of the project's buildout, creating an initial cash flow gap and necessitating the issuance of bonded debt for public improvements. Issuance of additional debt to finance the RHCC conference facilities is also anticipated. The ongoing contributions of each agency will be used to repay any bonded debt that may be issued, and to offset the cost of operating and maintaining public infrastructure and facilities. One-time contributions by the City reflect the purchase of a potential fire station site on the Bayfront and development impact and in-lieu fees applicable to CVBMP public infrastructure, including: • Bayfront Development Impact Fees; • Public Facilities Development Impact Fees; • Parkland Acquisition & Development Fees; • Traffic Signal Fees; and • Sewer Facility funding. City of Chula Vista Page 5 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�80 File#: 15-0503, Item#: 16. Anticipated ongoing contributions by the City include the following: • The City's portion of Property Tax and associated Property Tax In-Lieu of Motor Vehicle License Fees generated by the project (EIFD); • Project generated TOT (existing RV park and proposed RHCC); • Sales tax generated by the proposed RHCC; • Project generated additional occupancy-based revenues (replaces repealed CVTMD); • General Fund support in an amount equal to the funds currently received from the Port, reimbursing the City for the cost of providing municipal public services in the tidelands (MSA Funds). If implemented per the Amended and Restated Agreement, impacts to the City's existing General Fund would be limited to the TOT generated by the existing RV Park and the MSA Funds. City staff will continue to work with the Port to reduce General Fund impacts to both agencies. This may be accomplished through either (1) the identification of alternative funds or (2) the use of project generated revenues to repay any discretionary funds that have been expended. Approval of the proposed Amended and Restated CVBMP Financing Agreement provides a framework for the City and the Port to move forward with a Plan of Finance. Approval of a Plan of Finance, which will provide additional detail and specificity, will be brought back to Council for future consideration and approval. ATTACHMENTS 1. Proposed Amended and Restated Chula Vista Bayfront Master Plan Financing Agreement Staff Contact: Tiffany Allen, Development Services Department 1. Additional discussion of the JPA is provided in the "Joint Powers Authority (JPA)" section of this report. City of Chula Vista Page 6 of 6 Printed on 11/10/2016 powered by 2016-11-15 Agenda Packet Page�4�81 AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT Dated , 2016 Between City of Chula Vista and San Diego Unified Port District 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 482 TABLE OF CONTENTS Page \ Definitions..................................................................................................................................3 2. Findings, Purpose, ofdzcPucdca ��pcnmdouofC�ucrctou 10 - -` � —^ , -_'---''-��--_-_ , - ------ 2.l Findings,� Punpooeundlntcnt-----------------------------|O 2.2 Reservation of Discretion Regarding Actions Subject NCEQA and Other ApplicableLaws..........................................................................................................l0 2.3 Acknowledgements ofthe Parties ...............................................................................|| 24 Termination o[Original Agreement............................................................................|2 lC\/BMPMaster Calendar........................................................................................................|2 4. Development o[Plan nfFinance; Acknowledgement of Factors Potentially Impacting Plan ofFinance----------------------------------------.I2 4.1Anticipated Sources ofFunds; Plan ofFinance...........................................................l3 42 Sources ofFunds .........................................................................................................|3 4.2] District Sources ofRevenue............................................................................ 3 4.2.2 City Sources o[Revenue.................................................................................|4 4.3 Revenue Bonds............................................................................................................l0 4I1 Issuance o[Revenue Bonds -------------------------]0 4.32 Security and Sources o[Payment for Revenue Bonds....................................|b 44 Anticipated Application o[Revenue Bond Proceeds; Flow ofFunds; Release of Financing Revenues ................................................................................................l7 4.4.1 Application ofRevenue Bond Proceeds .........................................................I7 4'42 Operations and Maintenance Costs.................................................................l7 4'4.3 Release ofFinancing� � 8evcnuep -----------------------]7 5. Resort and Convention Center Project Leasing� and ; Opportunity for UseonParcel H-23..........................................................................................|7 5] Lease n[Resort and Convention Center Development 8dc -------------]7 5.2 Resort and Convention Center Project ........................................................................|7 5.3 Review o[ --------------------------'|8 5'4 Future District Projects within Chula Vista Bayfront Master Plan.............................|8 5.5 LoamcofCocnxendnuCcotoz-----------------------------J@ 5.6 Management Agreement-------------------------------]8 5.7 Opportunity for Use ouParcel Il-2}...................................................l9 b. Reimbursement Agreement for Oversizing -------------------------'|g 7. Miscellaneous 8l{CCProiect Obligations--------------------------]9 7] Fire Station ..................................................................................................................|9 7.2 Transit Plan..................................................................................................................l9 7.3 left blank] 74 Reimbursements for Remediation and Other Costs ....................................................|9 74.1 Remediation Costs ..........................................................................................|9 74.2 Other Costs......................................................................................................2O 74.3 Pacifica Insurance Commitment.....................................................................2O 7.5 Application ofUnit Contribution --------------------------'20 825370000o963435./ TABLE OF CONTENTS (continued) P ~ Q. Modifications ucAmendments; Waivers ................................................................................. 0 g. Additional Agreements, Actions; Further Assurances............................................................. 0 10. Authorized Representatives .....................................................................................................20 ||. Dispute Resolution; Attorneys' Fees and Costs.......................................................................2| ll.| Dispute Resolution ......................................................................................................2l 11.2Attorneys' Fees and Costs...........................................................................................2| 12. Conditions Precedent 10Performance ofthe Parties................................................................ | 13. Termination; Consequences ofTermination; Subsequent Action ........................................... | 14. Proposition [; ...........................................................................................................................22 15. General Provisions...................................................................................................................22 15.1 Prompt Perfbouaucc---------------------------------22 152 Further Assurances......................................................................................................22 15.3 Entire Subsequent Agreements................................................................22 15.4 Captions---------------------------------------'22 15.5 Successors....................................................................................................................22 15.6 Notices.........................................................................................................................22 15J Limitation ofRights; ThbdPudyRbrh1 -----------------------23 15.8 Severability ofInvalid Provisions ............................................................................... 3 159 Execution Authorized..................................................................................................23 I5]0 Governing Law............................................................................................................23 15J1Effective Date..............................................................................................................23 15J2 Execution in Counterparts ------------------------------.23 Exhibit Chula Vista Bayfront Master Plan Project Area .......................................................A-| Exhibit San Diego Unified Port District Property----------------------B-1 ExhUbi\C-l l0HCC Public Improvements----------------------------.[-| Exhibit C-2 [\/BMPPubho Improvements---------------------------I-2 Exhibitleft blank]............................................................................................... ) ExbU`dE-\ Public Scvvcr Facility Improvements- Pboec I A E-I Exhibit E-2 Public Sewer FacilityImprovements-Ultimate Without Phase I A E-2 Exhibit Other Ground Leases F ii 8253T00030o9363435./ AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT This AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT (hereinafter referred to as this "Agreement"), dated 12016 (the "Effective Date"), is between the CITY OF CHULA VISTA, a charter city and municipal corporation (the "City"), and the SAN DIEGO UNIFIED PORT DISTRICT, a district formed pursuant to California Harbors and Navigation Code APPENDIX 1, Section I et seq., and a public corporation (the "District"). This Agreement amends and restates that certain Chula Vista Bayfront Master Plan Financing Agreement dated May 8, 2012 (the "Original Agreement") by and between the same parties. The City and the District are from time to time hereinafter referred to individually as a"Party" and collectively as the "Parties." RECITALS A. Development of Chula Vista Bayfront Master Pian. In 2002, District, the City and the Redevelopment Agency of the City of Chula Vista, a redevelopment agency formed pursuant to California Health and Safety Code §§ 33000 et seq. (the "Agency") began work to create a master plan for development of the approximately 535-acre Chula Vista Bayfront (the "Chula Vista Bayfront") located on the southeastern edge of San Diego Bay in the City of Chula Vista. The purpose of the master plan was to reconfigure the 497 acres of land and 59 acres of water which comprise the Chula Vista Bayfront by connecting the land and water acres in a way that will promote public access to, and engagement with, the water while enhancing the quality and protection of key habitat areas, with the ultimate goal of creating a world-class bayfront through strong planning and design, economic feasibility and community outreach. B. Final Environmental Impact Report. On May 18, 2010, the District, as Lead Agency of the project, as such term is defined in California Public Resources Code § 21067, certified a Final Environmental Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment (UPD # 83356-EIR-658; SCH # 2005081077) (the "FEIR"). City and Agency are Responsible Agencies as defined in California Public Resources Code § 21069. The project described in the FEIR is known as the Chula Vista Bayfront Master Plan ("CVBMP"). The area encompassed by the CVBMP is hereinafter referred to as the "CVBMP Project Area." A map showing the CVBMP Project Area and its constituent parcels is attached hereto as Exhibit A. This Agreement is contemplated by the CVBMP as analyzed in the FEIR. C. Land Uses. Key components of the CVBMP include: a signature park, open space areas and cultural use; improved visual corridors to San Diego Bay; a resort hotel and convention center ("RHCC") and other hotels; residential and mixed-use office/commercial recreation uses; waterfront retail uses and public gathering spaces around the harbor; a new commercial harbor and improved navigation channel; a public promenade and bike trail through the entire bayfront; and large buffer zones to protect adjacent sensitive resources. D. Development of District Property in CVBMP Project Area. Development of all of the real property located in the CVBMP Project Area indicated on Exhibit B attached hereto ("District Property") shall be subject to the CVBMP. 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 485 E. Residential Use. The FEIR designates a portion of the District Property commonly known as Parcels HP-5, H-1.3 and H-14 for residential use, such residential use to consist of up to 1,500 multi-family units, and a portion of the District Property commonly known as Parcel H-15 for a mix of office and hotel uses. The foregoing parcels, Parcels HP-5, H-13, H-14 and H-15, are hereinafter referred to as the "Residential Property." Improvements to the Residential Property in accordance with the FEIR are hereinafter referred to as the "Residential Property Improvements." In order to implement the residential use component of the Residential Property Improvements, it was necessary that the District exchange the Residential Property, which as land owned by the District is subject to the Public Trust Doctrine which precludes residential use, for certain real property owned by North C.V. Waterfront L.P., a California limited partnership ("Owner"), comprised of Parcels S-1, S-2, S-3, SP-1, SP-2 and SP-3 (hereinafter referred to as the"Owner Property"). F. Land Exchange. The California State Lands Commission ("SLC") is authorized by Division 6 of the California Public Resources Code, including § 6307, to exchange interests in real property subject to the Public Trust Doctrine for interests in other non-trust lands of equal or greater value. Pursuant to this authority the District applied to SLC for approval to exchange the Residential Property for the Owner Property, subject to receipt of evidence to the satisfaction of District and SLC that the Owner Property is of equal or greater value than the Residential Property. The concurrent transfer of the Residential Property and Owner Property to Owner and SLC, respectively, is hereinafter referred to as the "Exchange." By reason of the completion of such Exchange pursuant to the Exchange Agreement described below, the Residential Property has been released from the use restrictions of the Public Trust Doctrine and the Owner Property has become subject to such restrictions. As part of the Exchange, SLC granted the District a 49 year lease for the Owner Property pending SLC and District obtaining necessary state legislation to authorize SLC to transfer the title and interests in the Owner Property to District. G. Exchange Agreement. In order to document the terms and provisions applicable to the Exchange, District and Owner entered into that certain Exchange Agreement and Escrow Instructions, dated as of February 2, 2010, as amended and restated, pursuant to that certain Amended and Restated Exchange Agreement dated as of May 6, 2014 (as amended from time to time pursuant to its terms, the "Exchange Agreement"). Close of the escrow created by the Exchange Agreement was conditioned upon and subject to, among other things, various actions by the District, City, SLC, the California Coastal Commission ("CCC") and the execution and effectiveness of the Original Agreement. The exchange contemplated by the Exchange Agreement occurred on February 18, 2016 ("Exchange Close of Escrow"). H. Unit Contribution. In furtherance of the Exchange Agreement, the Participation Agreement dated as of December 8, 2015 by and between Owner and District requires Owner to pay an amount equal to one-half of one percent (0.5%) of the gross sales price upon the close of escrow for the initial sale of each market rate residential condominium unit (excluding broker's commissions and costs of sale) developed on the Residential Property (other than residential units designated as affordable), such contribution being hereinafter referred to as the "Unit Contribution," such Unit Contribution to be paid to a joint powers authority (to be established) and applied in accordance with the provisions of that certain Chula Vista Bayfront Master Plan Settlement Agreement, dated as of May 4, 2010. (as amended from time to time pursuant to its terms, the "Settlement Agreement"), entered into by the District, City and Agency with the member entities of the Bayfront Coalition identified therein 2 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 486 I. Resort Hotel and Convention Center. The CVBMP contemplates the development of a resort hotel and convention center (the "RHCC Project"), further described in Section 5, to serve as the anchor project of the CVBMP and to be located on the site described in the FEIR and commonly known as Parcel H-3. The Parties anticipate that the RHCC Project will generate substantial benefits to the local and regional community in the form of increased tax and lease revenues, permanent jobs, and the provision of significant public amenities and will be the development catalyst for the CVBMP Project Area. The RHCC Project is also expected to generate substantial direct and indirect benefits to the San Diego region, including permanent and temporary jobs, tax revenues and public infrastructure. J. Public Improvements Required for CVBMP. Development of the CVBMP Project Area, which is currently largely vacant land lacking in required infrastructure improvements, will require the construction of substantial public improvements early in the development and construction process ("Phase IA"). Such public improvements include, without limitation, those listed on Exhibit C-I attached hereto related to development of the RHCC Project and other Phase IA development (collectively, the "RHCC Public Improvements" ), and other public improvements required as part of the CVBMP Project Area, not for the RHCC Project, are generally and identified on Exhibit C-2 attached hereto. K. RIDA Selection. On May 6, 2014, the District Board of Port Commissioners adopted a resolution authorizing the issuance of a Request for Qualifications ("RFQ") for a resort hotel and convention center in the CVBMP Project Area. After considerable local, regional, national and international marketing efforts by District staff, City staff and District's consultant Jones Lang LaSalle, RFQ 14-24 (District Clerk No. 62033) was issued on June 30, 2014.. The responses to the RFQ were due on September 8, 2014. A response was received from RIDA Development Corporation ("RIDA"), with ARES Management, LLC as the financial partner, WELBRO Building Corporation as the general contractor and three well qualified architectural firms, as architects . On October 14, 2014, the District Board of Port Commissioners adopted a resolution selecting RIDA as the successful respondent to the RFQ. NOW, THEREFORE, in consideration of the above promises and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Definitions. Unless the context otherwise requires, the terms defined in this Section shall, for all purposes of this Agreement have the meanings herein specified, to be equally applicable to both the singular and plural forms of any of the terms herein defined. AAA means the American Automobile Association. Additional Occupancy-Based Revenues means those revenues received by the District, the City or the JEPA more fully described in Section 4.2.2(d)hereof. Agency means the Successor Agency to the Chula Vista Redevelopment Agency a legal entity created by the State of California that succeeded the Chula Vista Redevelopment Agency and which was vested with and has all the right and obligations of the former "Chula Vista Redevelopment Agency". 3 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 487 Agreement means this Amended and Restated Chula Vista Bayfront Master Plan Financing Agreement, as modified, amended or supplemented from time to time pursuant to its terms. Authorized Representative of the City means the City Manager of the City or the designee of the City Manager of the City. Authorized Representative of the District means the President/CEO of the District, which is the executive director of the District as such term is used in the Port District Act, or the designee of the President/CEO of the District. CCC means the California Coastal Commission or any successor thereto. CEQA means the California Environmental Quality Act. City means the City of Chula Vista, a charter city and municipal corporation. Calendar means the dates for submittal and approval by the Parties of the Funding Sources Submittals under Section 4.1.2 of this Agreement. Convention Center Lease means the lease of the Convention Center contemplated by Section 5.5 of this Agreement. Convention Center means the development anticipated to consist of up to 415,000 net square feet of convention facilities to be located on the RHCC Development Site comprising a portion of the RHCC Project more fully described in the FEIR. CVBFFA means the Chula Vista Bayfront Facilities Financing Authority, created by the Joint Exercise of Powers Agreement dated as of May 1, 2014, a joint exercise of powers entity having as members the City and the District pursuant to Section 6502 et seq of the California Government Code. CVBMP means the Chula Vista Bayfront Master Plan described in the recitals hereof. CVBMP Ground Leases means the future long-term ground leases, excluding the RHCC Ground Lease and Other Ground Leases, entered into by the District contemplated by Section 5.4 of this Agreement. CVBMP Master Calendar means the calendar for significant actions and agreements required for the implementation of the financing and other undertakings contemplated pursuant to this Agreement, as amended from time to time pursuant to the provisions of this Agreement. CVBMP Project means the development of the Chula Vista Bayfront in accordance with the CVBMP. CVBMP Project Area means the area encompassed by the CVBMP. CVBMP Public Improvements means those infrastructure improvements needed to foster development of the CVBMP Project Area, including, without limitation, the infrastructure improvements summarized on Exhibit C-2 attached hereto, which are more precisely described in Document 58519 (Chula Vista Bayfront Master Plan Opinion of Probable Cost (Class ill Estimate) 4 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 488 Final as of October 2009) on file in the office of the District Clerk, as updated from time to time as agreed to by the Parties, which do not include the items that are needed for the RHCC Public Improvements that are set forth on Exhibit C-1 attached hereto. Developer means RIDA Chula Vista, LLC, a Delaware limited liability company, or other developer or developers selected by the District to ground lease and develop the RHCC Development Site. Discretionary Actions shall have the meaning assigned to such term in Section 2.2 of this Agreement. District means the San Diego Unified Port District, a district formed pursuant to California Harbors and Navigation Code Appendix A 1, §§ 1 et seq. and a public corporation. District Property means the real property located in the CVBMP Project Area identified on Exhibit B attached hereto. Effective Date means the date this Agreement shall become effective as provided in Section 15.11 hereof. EIFD means an enhanced infrastructure financing district sponsored by the City for that portion of the CVBMP Project Area known as the Sweetwater and Harbor districts (as identified in the FEIR) created pursuant to Chapter 2.99 (commencing with Section 53398.50) of Part 1, Division 2, Title 5 of the California Government Code or similar law pursuant to which incremental property tax revenue derived from such portion of the CVBMP Project Area may be applied to fund costs of RHCC Public Improvements and RHCC Project Public Investment to the extent eligible for funding thereunder. EIFD Revenues means incremental property tax revenue derived from the EIFD and legally available to fund costs of RHCC Public Improvements and RHCC Project Public Investment. Exchange Agreement means that certain Exchange Agreements specified in Recital G. Excess Costs shall have the meaning specified in Section 6 of this Agreement. Exchange means the concurrent transfer of the Residential Property to the Owner and the Owner Property to the SLC contemplated by the Exchange Agreement. FEIR means the Final Environmental Impact Report for the Chula Vista Bayfront Master Plan and Port Master Plan Amendment certified by the District on May 18, 2010 as further defined in Recital B. Financing Revenues means the revenues described in Section 4.2 to be applied by the District and City to pay costs of the RHCC Public Improvements and the RHCC Project Public Investment and other costs pursuant to a Plan of Finance. Financing Sources Approval shall have the meaning described in Section 4.1.2. Financing Sources Submittal means the submittals of the respective Parties described in Section 4.1.2 regarding the availability of individual sources of Financing Revenues. 5 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 489 Fire Station means the fire station serving the CVBMP Project Area which will be required in connection with the development of the CVBMP Project Area. Force Majeure Event means any of the following events which prevent a Party from performing any obligation or achieving any milestone described in the CVBMP Master Calendar, described in this Financing Agreement or in a Plan of Finance: (i) delays in the entitlement process arising from the filing and processing of legal or administrative appeals of entitlement approvals; (ii)unanticipated processing delays by the staffs or governing bodies of the SLC, the CCC and/or the RWQCB; (iii) litigation of entitlement approvals and other governmental actions necessary for the financing, construction and implementation of the CVBMP Public Improvements and RHCC Public Improvements and/or of the Residential Property Improvements; (iv) any act of God, strike, lockout or other industrial disturbance during the construction and development of the RHCC Public Improvements, the CVBMP Public Improvements and/or of the Residential Property Improvements; (v) act of public enemy, blockade, war, insurrection, civil disturbance, explosion or riot; epidemic; (vi) landslide, earthquake, fire, storm, flood, or washout; (vii) governmental restraint, action or inaction, either federal, state, county, civil or military, including the adoption of any new law materially affecting either the ability of the Parties to proceed with implementation of the CVBMP or substantially increasing the costs of proceeding with implementation of the CVBMP (but not including any City or District laws, ordinances or regulations not mandated by federal, state or county laws or regulations); (viii) any initiative or referendum (including any such action related to actions of any of the Parties hereunder); (ix) failure to obtain any necessary federal, state or county governmental approval, and (x) failure of Owner or Developer to timely enter into a requested agreement or take a requested action. Ground Lease Revenues means the collective ground lease payments made under the RHCC Ground Lease and Other Ground Leases, howsoever identified, including base rental, percentage rent and other rent components or amounts paid under some other agreement other than a ground lease. District shall identify in a Plan of Finance those Ground Lease Revenues, if any, that are subject to the prior pledge securing bonds issued by the District pursuant to the Indenture, dated as of October 1, 2004, as supplemented or amended, between the District and U.S. Bank National Association, as trustee or are otherwise unavailable for purposes of this Agreement. JEPA means the CVBFFA, or other entity or financing structure authorized by applicable law agreed to by the Parties to provide for or facilitate the financing of the RHCC Public Improvements and the RHCC Public Investment. JEPA Obligations is defined in Section 4.2.1 of this Agreement. Lease Payments means the rental payments made by the City pursuant to a Convention Center Lease (exclusive of any Developer component described in Section 5) or lease of other public facilities, such rental payments to be in an amount up to the fair-market rental value of the Convention Center and not greater than an amount equal to (i) the revenues generated by the TOT generated by the RHCC, but not any other hotel development within the CVBMP Project Area and the existing RV Park located therein and the replacement RV Park to be constructed; (ii) all Sales Tax derived from the RHCC Project, DMSA Revenues and Additional Occupancy-Based Revenues received by the City, if any, exclusive of any Developer rent payable pursuant to any Developer sublease of the Convention Center; and (iii) any other City revenues described in a Plan of Finance, as further described in a Plan of Finance, subject to the limits described in Section 5.5. 6 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 490 Management Agreement means an agreement with the Developer pursuant to which the Developer assumes responsibility for the operations, management and maintenance obligations relating to the Convention Center. O&M Costs means all costs of operation and maintenance incurred by the District and City, respectively, to provide administrative support, public safety, environmental services, and other direct and indirect operations and maintenance services resulting from the development of the CVBMP Project Area and serving the CVBMP Project Area, including, without limitation, administration of the RHCC Ground Lease, Other Ground Leases and the CVBMP Ground Leases, as more fully addressed in a Plan of Finance. Other Ground Leases means those existing ground leases, as may be renewed or replaced, for the properties set forth on Exhibit F attached hereto. Owner Property means Parcels S-1, S-2, S-3, SP-1, SP-2 and SP-3. Owner means North C.V. Waterfront L.P., a California limited partnership, party to the Exchange Agreement. Parcel H-3 shall have the meaning specified in Recital I of this Agreement. Park Agreement means the agreement between the District and the City contemplated pursuant to Section 4.2.2(g) of this Agreement. Parties means the City and the District. Party means the City or the District, as applicable. Plan of Finance shall mean one or more financings plans to be approved and entered into by the District and City setting forth, among other things, the means by which the Financing Revenues described in Section 4 shall be applied to pay the cost of the RHCC Public Improvements and the RHCC Project Public Investment. The City and District may enter into one or more plans of finance for the build-out of the CVBMP Project areas separate from the RHCC Development Site. PMSA means that certain Agreement No. 88-2012 between the District and the City providing for Police, Fire and Emergency Medical Services. PMSA Revenues means amounts payable by the District to the City pursuant to the PMSA, in an annual amount equal to the reimbursement received from the District in fiscal year 2016, plus three percent(3%)per annum increase each fiscal year thereafter. Port District Act means the California Harbors and Navigation Code APPENDIX 1, Section 1 et seq. as amended from time to time. Port Land Exchange Payment means that certain one-time payment in the amount of $3,000,000 received by the District at the Exchange Close of Escrow pursuant to the Exchange Agreement. Proposition G means Chapter 2.59 of the Chula Vista Municipal Code, approved by the voters of the City in June 2010. 7 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 491 Public Trust Doctrine means the concept that the property of the District is held by the District as trustee of a public trust for the benefit of the people. Reimbursement Agreement means an agreement with a Subdivider and the City entered into in accordance with the provisions set forth in Section 6 of this Agreement. Reimbursement Obligation shall have the meaning specified in Section 6 of this Agreement. Residential Property Improvements means improvements to the Residential Property contemplated by Recital E of this Agreement. Residential Property means Parcels HP-5, H-13 and H-14. In addition, although the Parties acknowledge that Parcel H-15 has not been designated for residential use in the FEIR, as more fully explained in Recital E to this Agreement, for purposes of this Agreement and certain other agreements entered into in connection with the CVBMP, Parcel H-1.5 has been included in the defined term Residential Property. Revenue Bonds means tax-exempt and/or taxable revenue bonds anticipated to be issued in accordance with a Plan of Finance secured by and payable from the sources of funds described in this Agreement as more fully described in Section 4.3. RHCC means the resort hotel and convention center contemplated by Recital C of this Agreement. RHCC Development Site means the site selected for the RHCC Project. RHCC Ground Lease means the long-term ground lease/sublease between the District and the Developer contemplated pursuant to Section 5.1 of this Agreement. RHCC Hotel means a resort hotel meeting or exceeding the service quality standards of a four diamond, AAA standard hotel, to be located on the RHCC Development Site adjacent to the Convention Center. RHCC Project means the Convention Center and RHCC Hotel contemplated by Recital I of this Agreement. RHCC Project Public Investment means amounts agreed by the Parties to be contributed to the financing of the RHCC Project over and above amounts contributed for the RHCC Public Improvements, for the Convention Center or otherwise, as may be determined from time to time as part of a Finance Plan. RHCC Public Improvements means those CVBMP Public Improvements to be constructed in connection with development of the RHCC Project, consisting generally of those Phase IA improvements described in Exhibit C-I attached hereto and as may be more fully described in a Plan of Finance but specifically excluding the Convention Center. RWQCB means the California Regional Water Quality Control Board. 8 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 492 Sales Tax means that portion of sales tax levied pursuant to the Bradley-Burns Uniform Local Use and Sales Tax Law (California Revenue and Taxation Code Section 7000, et seq.) and allocated to the City pursuant to applicable law attributable to the RHCC Project, exclusive of any amount so levied and allocated to the City pursuant to voter approval by the electors of the City. SDGE Relocation Fees means fees received by the District from San Diego Gas & Electric pursuant to a Right of Entry Agreement between the District and San Diego Gas and Electric, filed in the office of the District Clerk on September 24, 2015 as Document No. 63983, in the amount of $1,653,750. Settlement Agreement means the Chula Vista Bayfront Master Plan Settlement Agreement, entered into as of May 4, 2010, by and among the Bayfront Coalition Member Organizations identified therein, the District, the City and the Agency, as amended from time to time pursuant to its terms. Sewer Facility Contribution means the one-time contribution by the City to fund specific sewer facility improvements comprising part of the RHCC Public Improvements described in Exhibit E-I attached hereto and as may be more fully described in a Plan of Finance. SLC means the California State Lands Commission. Subdivider means a developer or builder in the CVBMP Project Area(other than the Owner) which is required by the City to oversize or supplement the size, capacity, number or length of an improvement for the benefit of property(ies) in addition to the property owned or leased by such Subdivider. TOT means transient occupancy tax attributable to the RHCC Project and the existing RV Park in the CVBMP Project Area and the replacement RV Park to be constructed; provided that TOT generated from other portions of the CVBMP Project Area may be included with respect to development of subsequent phases of the CVBMP Project Area to the extent described in Section 4.2.2(a). 2. Findings, Purpose,Acknowledgements of the Parties,Reservation of Discretion. 2.1 Findings, Purpose and Intent. The Parties hereby find and determine that the recitals set forth above are true and correct. The purpose and intent of this Agreement is to provide for the obligations of each Party with respect to implementation of the financing, development and construction to support the build-out of the CVBMP Project Area in accordance with the FEIR and such other and further actions of the Parties as may be necessary and appropriate for the build-out of the CVBMP Project Area, including without limitation, the buildout of the RHCC Public Improvements related to the RHCC Project, subject in all cases to Section 2.2 and 2.3 of this Agreement. It is also the intent of the Parties that the requirements of the California Environmental Quality Act ("CEQA"), as certified in the FEIR, be fully complied with in the implementation of the matters set forth in this Agreement. The Parties intend that the planning, development and construction of the CVBMP Project Area be a cooperative, mutual endeavor in which the Parties actively participate and work together, in good faith and with due diligence. 2.2 Reservation of Discretion Regarding Actions Subject to CEQA and Other Applicable Laws. The Parties to this Agreement understand, acknowledge and agree that, 9 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 493 notwithstanding any other terms and conditions of this Agreement, (i) certain actions (collectively, "Discretionary Actions") incidental to matters described in this Agreement or required by this Agreement or a Plan of Finance may require the exercise of discretion by one or more of the Parties which may require review under and compliance with CEQA, other laws pertaining to the City's or District's commitment of the revenue sources described herein (including, without limitation, the Constitution of the State of California, the City Charter, the Port District Act, respectively, and other laws relating to the formation or implementation of the EIFD and (ii) such Discretionary Actions shall require CEQA review, or review under such other laws prior to the occurrence of said Discretionary Action and cannot lawfully be committed to by contract prior to compliance with CEQA and cases interpreting CEQA or such other laws, respectively. The Parties acknowledge that each of the matters set forth in this Agreement, are subject to future Discretionary Actions and other actions constituting conditions precedent; provided, however, this Agreement does not commit the Parties to a definite course of action, including, but not limited to, approval or commencement of a lease, permit or other agreement prior to CEQA review and review under such other laws being conducted. Rather, this Agreement sets forth the Parties' intent to further explore, design, and evaluate the CVBMP Project and RHCC Project. The FEIR has been certified for the CVBMP and the Parties don't anticipate the need for supplemental CEQA review. Nothing in this Agreement will be construed as circumscribing or limiting the District's or City's exercise of discretion with respect to all and any future Discretionary Actions in connection with the CVBMP or this Agreement, including without limitation, to the adoption of any and all feasible mitigation measures, alternatives to the CVBMP Project or RHCC Project, including a no project alternative, a statement of overriding consideration, (if applicable and subsequent CEQA review is required), approval of the CVBMP Project, RHCC Project, land use entitlements, the exercise of eminent domain, the implementation of code enforcement, commitment of Financing Revenues, entry into any leases or other agreements, and the making of findings and determinations required by law with respect to a Discretionary Action. Any and all Discretionary Actions may be exercised in the sole and absolute discretion of the Parties and the Parties assume the risk that a Discretionary Action may not be taken. The Parties do not represent by this Agreement or otherwise their legal capacity to provide the Financing Revenues or other undertakings contemplated herein, such matters to be the subject of future actions and agreements, including certain Discretionary Actions. Accordingly, each of District and City reserve their discretion to approve or disapprove such Discretionary Actions. Such reservation of discretion will apply to all future contemplated legislative and quasi-judicial actions, including, without limitation, approval of land use entitlements, CEQA compliance, EIFD formation, the exercise of eminent domain, the implementation of code enforcement, commitment of Financing Revenues and approval of any controls or other agreements related thereto, development of a Plan of Finance, entry into the Convention Center Lease or other leases, and the making of findings and determinations required by law with respect to a Discretionary Action, and the failure to take any such future Discretionary Action will not constitute a breach of such Party's obligations under this Agreement. The foregoing notwithstanding, nothing in this Section will be interpreted to impair or limit any Party's obligation to perform any action on its part to be performed under this Agreement with respect to which the requirements of CEQA or such other laws were satisfied prior to the Effective Date or which become satisfied after the Effective Date. 2.3 Acknowledgements of the Parties. 2.3.1 Due to the importance of developing residential uses on the Residential Property to accomplishing goals of the CVBMP identified in the FEIR, each of the Parties acknowledges that: (i)the District would not proceed with the undertaking of its obligations herein without the assurances from City contained in this Agreement that certain revenue streams 10 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 494 under the control of the City as set forth in Section 4.2.2 (together with certain revenue streams under control of District as set forth in Section 4.2.1 below, along with the contemplated Fire Station and Sewer Facility Contribution) will be available to pay for public infrastructure and long-term operations and maintenance for the CVBMP Project Area, the assurances from City that the Residential Property Improvements will be entitled and required to be developed and constructed by Owner in an expeditious manner, and other City undertakings hereunder, in each case subject to the provisions of this Agreement, including the conditions precedent set forth in this Agreement; and (ii) the City would not proceed with the undertaking of its obligations herein without the assurances of the District with respect to the development of the RHCC Project, the District commitment of Ground Lease Revenues, and other District undertakings hereunder, in each case subject to the provisions of this Agreement, including the conditions precedent set forth in this Agreement. 2.3.2 Each of the Parties hereby further acknowledges that: (i)the ability of each Party to apply Financing Revenues under its control to the cost of RHCC Public Improvements, and the RHCC Project Public Investment, a Financing Sources Submittal and a Plan of Finance or otherwise under this Agreement are subject to all applicable laws and nothing in this Agreement shall be construed as a representation of any Party regarding the availability (legal or otherwise) of such Financing Revenues for the contemplated purpose; (ii) actions contemplated in a Plan of Finance described in Section 4 to be undertaken in connection with tax-exempt financing or other financing entitled to federal tax benefits are subject to compliance with the applicable federal requirements in effect at the time such financing is entered into; (iii) other actions contemplated by this Agreement may also require modification in order to comply with applicable federal requirements related to tax-exempt financing or other financing entitled to federal tax benefits; (iv) depending on the facts and circumstances, tax-exempt financing or other financing entitled to federal tax benefits may be unavailable for some or all RHCC Public Improvements, RHCC Project Public Investment or other CVBMP Project costs; (v) all actions contemplated to be taken subsequent to the Effective Date are subject to modification to comply with all applicable laws at the time such actions are undertaken; and (vi) actions contemplated by a Plan of Finance or a Financing Sources Submittal may be subject to certain Discretionary Actions. 2.3.3 The Parties agree to cooperate in good faith to identify ways to minimize the publicly-funded cost of the RHCC Public Improvements, CVBMP Public Improvements and any other improvements to be funded from Financing Revenues, and to identify other sources of funding of the RHCC Public Improvements, CVBMP Public Improvements and any other improvements contemplated to be funded from Financing Revenues (including, without limitation, private sector, federal and other governmental sources) so as to minimize the required investment of Financing Revenues hereunder, provided in no event shall any Party be obligated to consider application of any of its general revenues or special revenues not specifically contemplated hereunder for such purpose. 2.3.4 Each of the Parties hereby further acknowledges that there may be costs associated with the construction or acquisition of the RHCC Public Improvements, CVBMP Public Improvements and any other improvements to be funded from Financing Revenues which relate to certain costs of site preparation and/or site remediation not anticipated as of the Effective Date of this Agreement. The Parties agree that a Plan of Finance shall address this issue. 2.4 Termination of Original Agreement. Except as set forth in Section 3, the Original Agreement is hereby superseded and terminated as of the Effective Date and of no further force and effect. I1 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 495 3. CVBMP Master Calendar. A master calendar for significant actions and agreements currently known to the Parties required for the entitlement, design, financing, construction and implementation of the CVBMP was attached as an exhibit to the Original Agreement ("CVBMP Master Calendar"). The Parties agree, notwithstanding any master calendar maintained by the Parties for any other purpose, the CVBMP Master Calendar shall not be maintained by the Parties for purposes of this Agreement, however, subject to the Exchange Agreement, a calendar related to the implementation of a Plan of Finance and other undertakings of the Parties pursuant to this Agreement shall be developed and maintained as part of a Plan of Finance. To the extent required by the Exchange Agreement, Section 3 of the Original Agreement (and related provisions applicable to such section) is not terminated or modified in any way by reason of this Agreement. 4. Development of Plan of Finance; Acknowledgement of Factors Potentially Impacting Plan of Finance. The Parties will cooperate in good faith and use their respective best efforts to develop a binding Plan of Finance which (a) utilizes all of the Financing Revenues described in Section 4.2 to support financing of the construction of the RHCC Public Improvements and the financing of the RHCC Project Public Investment and such other elements of the CVBMP Public Improvements as may be addressed in a Plan of Finance, (b) identifies the specific legal mechanisms by which such utilization will be accomplished, (c) identifies O &M Costs of the parties related to the RHCC Project and, to the extent applicable, the CVBMP Project more generally, and allocates financial responsibility for such O & M Costs among the parties, and (d) identifies a calendar for the timely implementation of a Plan of Finance in light of the anticipated dates by which funds are needed to accomplish the RHCC Project. The Parties currently anticipate that such Plan of Finance will involve as issuer the CVBFFA, but acknowledge that such Plan of Finance may involve amendments to the CVBFFA or the creation of an entity other than a joint powers authority and/or another type of financing structure authorized by applicable law. The Parties anticipate that: (i)the Parties will cause the execution and delivery of obligations, which may include the issuance of Revenue Bonds by the JEPA and/or other obligations to provide loan proceeds, the repayment of which will be secured by and payable from the Financing Revenues; and (ii) the District on one hand and the City on the other hand will have equal roles in the governance of the JEPA absent agreement by both Parties to a different governance arrangement. The Parties acknowledge that the timing and structure of the issuance of Revenue Bonds and the commitment of the Parties' respective funding sources to the payment of cost of CVBMP Public Improvements, RHCC Public Improvements or other RHCC Project Public Investment, and/or the payment of debt service with respect to Revenue Bonds and other obligations is subject to a number of legal requirements, some of which are Discretionary Actions, and other variables. The Parties agree to proceed in good faith to approve a Plan of Finance prior to execution of the RHCC Ground Lease. The Parties also agree to proceed in good faith to approve any future plan(s) of finance related to any other CVBMP Public Improvements, not included in a Plan of Finance, which are contemplated by this Agreement. 4.1 Anticipated Sources of Funds; Pian of Finance. 4.1.1 Subject to the further provisions of this Agreement, the Parties agree that a Plan of Finance will address the manner in which Financing Revenues will be used directly or indirectly to pay debt service on the Revenue Bonds or otherwise pay the cost of RHCC 12 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 496 Public Improvements or other RHCC Project Public Investment and shall also address the manner in which Financing Revenues not needed for such purposes shall be applied to or by the Parties. 4.1.2 Evidence of availability of the funding sources described in Section 4.2 is referred to herein as a "Financing Sources Submittal" and the Parties shall agree on the dates by which each such submittal shall be made and approved by the other Party (the "Calendar") so that a Plan of Finance may be developed and approved prior to the execution of the RHCC Ground Lease. As and to the extent applicable, the District and the City will approve the Financing Sources Submittal of the other Party (the "Financing Sources Approval") prior to the execution of the RHCC Ground Lease. However, each of the Parties acknowledges that each of the Financing Sources Submittals may be subject to Discretionary Actions. 4.1.3 To the extent described in a Plan of Finance, such amounts comprising Financing Revenues may be used to pay the CVBFFA, JEPA, or its designee: (a) debt service on JEPA Obligations ; and (b) other amounts pledged to the CVBFFA or JEPA to support payment on the Revenue Bonds. A Plan of Finance may identify other financing arrangements including Developer financing pursuant to which Financing Revenues may be applied to the cost of public improvements related to the RHCC Project or other RHCC Project Public Investment. Following approval of a Plan of Finance, the Parties will cooperate in good faith to implement a Plan of Finance. 4.2 Sources of Funds. 4.2.1 District Sources of Revenue: Ground Lease Revenues. Ground lease payments under the RHCC Ground Lease and Other Ground Leases, which are a portion of the Ground Lease Revenues will be (i)pledged by the District to support debt service payments on obligations to be issued by the JEPA (hereinafter referred to as the "JEPA Obligations") and sold to the JEPA, an underwriter, the Developer or others, or (ii) directly pledged to the JEPA, a trustee, the Developer or others to support debt service payments on Revenue Bonds, as determined by the District in its reasonable discretion in accordance with a Plan of Finance. The Parties acknowledge the Ground Lease Revenues may support separate JEPA Obligations. The District will submit evidence of the availability of the Ground Lease Revenues and of the method by which the JEPA Obligations is expected to support payment of debt service on the Revenue Bonds in accordance with the Financing Sources Submittal described in Section 4.1.2. (a) Port Land Exchange Payment. The District is expected to contribute the Port Land Exchange Payment to the cost of RHCC Public Improvements or the CVBMP Public Improvements in accordance with a Plan of Finance. (b) SDGE Relocation Fee. The District is expected to contribute the SDGE Relocation Fee to fund eligible elements of the RHCC Public Improvements or the CVBMP Public Improvements in accordance with a Plan of Finance. 4.2.2 City Sources of Revenue. (a) TOT Revenues; Sales Tax Revenues. The City is expected to provide an amount equivalent to the TOT and the Sales Tax generated from the RHCC Project and RV Parks, to support debt service payments on the Revenue Bonds. It is anticipated that such 13 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 497 amount will be provided in the form of Lease Payments or other arrangement the provision of which does not constitute a debt of the City within any constitutional debt limitation applicable to the City. The City will submit evidence of the availability of the Lease Payments (including the items described in Section 5.5) or other arrangement and of the method by which such payments will support payment of debt service on the Revenue Bonds in accordance with the Calendar described in Section 4.1.2. (b) Enhanced Infrastructure Financing District Revenues. The City agrees to consider in good faith sponsorship of the formation of an EIFD for the purpose of applying the incremental tax revenues payable to the EIFD under applicable law to the payment of the cost of RHCC Public Improvements or other RHCC Project Public Investment to the extent permitted by law. The Parties acknowledge that an EIFD, if formed, will be a separate legal entity from the City, and may not be controlled by the City. The City will consider causing the EIFD Revenues to include incremental tax revenues payable to the City, with respect to the City's share of the basic 1% ad valorem tax levy and property taxes paid in-lieu of motor vehicle license fees, and the County of San Diego and other taxing entities to the extent such other entities agree with respect thereto. The District agrees to pursue in good faith the participation of the County of San Diego in the formation of an EIFD. The Parties acknowledge that EIFD Revenues may be pledged to bonds of the EIFD on a separate, stand-alone basis as part of a Plan of Finance. The City will submit evidence of the availability of the EIFD Revenues, and of the method by which the EIFD Revenues will support payment of debt service on the Revenue Bonds or bonds of the EIFD, in accordance with the Calendar described in Section 4.1.2. The manner of the City's commitment under this Section is subject to Discretionary Actions and may be limited by applicable law as may be set forth in the Financing Sources Submittal. Nothing in this Section requires the City to form an EIFD if it determines it will be the only participant. Even if an EIFD is not formed, the City will treat as Financing Revenues available for application in accordance with a Plan of Finance an amount equivalent to the net amounts that would have been generated for use by an EIFD within the CVBMP Project by the RHCC Project should an EIFD have been formed including tax revenues of the City and no other taxing entities. The City will submit evidence of the availability of the EIFD Revenues or other arrangement and of the method by which such revenues will support payment of debt service on the Revenue Bonds in accordance with the Calendar described in Section 4.1.2 (c) PMSA Revenues. The City and the District expect to cause PMSA Revenues to be contributed to pay costs of financing the RHCC Public Improvements and/or the RHCC Project Public Investment whether as part of the Lease Payments or other payments described in Section 4 or otherwise. The City will submit evidence of the availability of the PMSA Revenues and of the method by which the PMSA Revenues will support payment of debt service on the Revenue Bonds in accordance with the Calendar described in Section 4.1.2. (d) Additional Occupancy-Based Revenues. The Parties acknowledge a mutual desire to explore the creation of a vehicle by which Additional Occupancy- Based Revenues in an amount up to one-half of the currently projected revenue generated from the TOT revenues described in Section 4.2.2(a) above may be applied to the cost of the RHCC Public Improvements and/or the RHCC Project Public Investment. The Parties agree that the mechanism by which such revenues may be generated may include a public financing mechanism such as that provided under the Mello-Roos Community Facilities Act of 1982, as amended (California Government Code Section 53311 et seq.), applicable state or charter city assessment laws, District charges or surcharges related to the RHCC Ground Lease or other Developer-sponsored or imposed charges or surcharges with respect to hotel guests or RHCC Project users. The Parties agree to 14 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 498 consider in good faith the creation of such financing sources, subject to Discretionary Actions, and subject to existing law. To the extent any such Additional Occupancy-Based Revenues are created, the Parties agree to apply such revenues to the cost of RHCC Public Improvements and/or the RHCC Project Public Investment including to support payments with respect to Revenue Bonds. (e) Sewer Facility Contribution. The City is expected to make the Sewer Facility Contribution available to fund the elements of the RHCC Public Improvements described in Exhibit E-1 attached hereto. The City will submit evidence of the availability of the Sewer Facility Contribution and of the method by which the Sewer Facility Contribution will support construction of the eligible RHCC Public Improvements in accordance with the Calendar described in Section 4.1.2. Other sewer facilities required as part of the CVBMP Project Area, not for the RHCC Project, are generally identified on Exhibit E-2 attached hereto. (f) Development Impact Fees. The Parties acknowledge that all future tenants of District in the CVBMP Project Area will be required to comply with all requirements of the City relating to development impact fees assessed by the City, including, without limitation, a Public Facilities Development Impact Fee, a Transportation Development Impact Fee described in paragraph (h) below, and a Parkland Acquisition and Development Fee ("PAD Fees") described in paragraph (g) below, in each instance, as applicable, and subject to applicable law, as well as any future development impact fees as shall be authorized by City ordinance. Each of the Parties further acknowledges that the levy, maintenance, adjustment and expenditure of such development impact fees is regulated by State law. (g) Park Areas; Joint Use and Improvement Fees. The District and City will cooperate in good faith and use their respective best efforts to negotiate an agreement (hereinafter referred to as the "Park Agreement") which grants the City a nonexclusive, joint-use right or other interest in the areas designated for public park use within the CVBMP Project Area (such areas being hereinafter referred to as the "Park Areas"). The Parties agree that such Park Agreement will provide that all maintenance obligations related to the Park shall be the sole responsibility of the District and will include the following terms: (i) a term of sixty-six (66) years; (ii) as and when City collects PAD Fees, or such other park related impact fees as may be adopted in the future, from developments in the CVBMP Project Area, the City will separately account for and pay the Acquisition Component of the PAD Fees to the District as rent under the Park Agreement; (iii) upon receipt by District, all rent or other payment comprised of the Acquisition Component of PAD Fees will be deposited into an interest bearing, restricted reserve controlled by the District to be used for any lawful purpose under California Government Code § 66477 or other applicable California Government Code provisions and upon the earlier of the end of the term of the Park Agreement or the date on which the Revenue Bonds, as they may be re-issued or refinanced from time to time, are paid in full and retired, any funds remaining in such restricted reserve will be returned to the City. The parties will approve the Park Agreement in accordance with a Plan of Finance. Should the City replace the PAD Fees with a similar fee mechanism in the future, City will contribute an amount equivalent to the amounts that would have been generated by the existing PAD Fees within the CVBMP Project as rent under the Park Agreement. (h) Transportation Development Impact Fees. The City has enacted a separate Transportation Development Impact Fee ("TDIF") covering at least the CVBMP Project Area to fund transportation improvements, and such TDIF will be applied to the cost of transportation improvements to be identified in the proceedings enacting the TDIF. 15 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 499 4.2.3 RIDA Support Payments. The Parties shall agree to support the JEPA Obligations in such time and amounts as set forth in the agreed upon a Plan of Finance. 4.3 Revenue Bonds. 4.3.1 Issuance of Revenue Bonds. As of the Effective Date, the Parties anticipate that the financing of the cost of the RHCC Public Improvements and other RHCC Project Public Investment will be provided through a combination of timely contributions of the Financing Revenues described in Section 4.2 to the payment of such costs, the issuance of Revenue Bonds to finance such amounts including, if applicable, periodic payments to the Developer or Developer designee, subject in all respects to a Plan of Finance. The Revenue Bonds may take a variety of forms, including variable rate obligations, senior/subordinate obligations, Developer-financed obligations or other arrangements to be described in a Plan of Finance. The Revenue Bonds may be issued as taxable bonds or tax-exempt bonds in such combinations as may be described in a Plan of Finance. The Parties will cooperate in good faith and use their best efforts to cause the JEPA to issue Revenue Bonds in amounts sufficient, together with other Financing Revenues, to finance the RHCC Public Improvements and the RHCC Project Public Investment. The Parties acknowledge that issuance of Revenue Bonds will be subject in all respects to a Plan of Finance and other provisions of this Agreement. 4.3.2 Security and Sources of Payment for Revenue Bonds. The Revenue Bonds are expected to be secured by the Financing Revenues described in Sections 4.2.1 and 4.2.2 in substantially the manner described in the Financing Sources Approval as set forth in Section 4.1.2 above and a Plan of Finance described in Section 4. Any contribution of revenues not specifically contemplated in this Agreement by either Party, whether to address gaps in funding identified by the Developer or otherwise, and any discussions or negotiations with respect to such matters, are expressly outside the scope of this Agreement. However, the Parties may agree to sources of revenue not identified in this Agreement if agreed to in a Plan of Finance._ 4.3.3 Issuance of Revenue Bonds; CVBMP Public Improvements. The Parties anticipate that the financing of the cost of the CVBMP Public Improvements may be provided through the issuance of Revenue Bonds, subject in all respects to a Plan of Finance. 4.4 Anticipated Application of Revenue Bond Proceeds; Flow of Funds; Release of Financing Revenues. 4.4.1 Application of Revenue Bond Proceeds. The Parties anticipate that proceeds from the Revenue Bonds issued by the JEPA will be used to finance the costs of construction and related costs for the RHCC Public Improvements and RHCC Project Public Investment, either directly (by using Revenue Bond proceeds to pay such costs) or indirectly (by using the Revenue Bond proceeds to purchase obligations of the City or District, the proceeds of which are used to pay such costs), or both. 4.4.2 Operations and Maintenance Costs ("O&M Costs"). Subject to a Plan of Finance, the manner of payment, reimbursement and funding of District and City O&M Costs will be addressed in a Plan of Finance 4.4.3 Release of Financing Revenues. The Parties contemplate, subject to compliance with any financial covenants associated with the Revenue Bonds or other elements of 16 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 500 a Plan of Finance, amounts held by the JEPA in excess of amounts necessary to comply with such covenants shall be returned by the JEPA to the Parties, such return to be made on such basis as shall be set forth in a Plan of Finance. 5. Resort Hotel and Convention Center Project Leasing and Operations; Opportunity for Cultural/Retail Use on Parcel H-23. 5.1 Lease of Resort Hotel and Convention Center Development Site. The Parties anticipate that the Developer will lease the RHCC Development Site from the District pursuant to the terms of a long-term ground lease(the "RHCC Ground Lease"). 5.2 Resort Hotel and Convention Center Project. The Parties anticipate that the RHCC Project will consist of an integrated project, comprised of a hotel (such hotel being hereinafter referred to as the "RHCC Hotel") meeting or exceeding the service quality standards of a four diamond, AAA standard, with up to 2,000 rooms (provided that the Parties acknowledge that any proposal to construct more than 1,600 rooms shall require evaluation of (i)impact areas to determine if additional analysis is needed and (ii) additional mitigation measures to reduce significant impacts, if any, associated with the increase in rooms above 1,600), and a Convention Center, and potential parking structure in the sole discretion of the District, each located adjacent to one another on the RHCC Development Site. The RHCC Ground Lease may consist of a ground lease of the RHCC site from the District or other leasing arrangement described in Section 5.5. below, or otherwise, all as may be identified in a Plan of Finance. Rent under the Convention Center Lease may consist of Lease Payments and amounts payable by the Developer under a sublease of the Convention Center, as determined by the District and the City. 5.3 Review of Developer Proposal(s). With respect to the District's processing of its transaction with Developer the District will: (i)utilize its usual and customary public process with respect to the design of the RHCC Project; and(ii) share with the City all financial terms of the RHCC Ground Lease to be entered into with the Developer or Developer(s), such financial information to be shared on a confidential basis,prior to submission of such proposed option to lease to the governing body of the District for approval and prior to submission of such terms to the governing body of the City, relative to their commitment of the Financing Revenues identified in Section 4.2 of this Agreement. Each of the Parties acknowledges that it is such Party's expectation that approval of the any agreements by the governing body of the District and commitment of the Financing Revenues of City and District funds referred to above by the governing body of the City and District will occur substantially contemporaneously, taking into account differences in regularly scheduled meeting dates for the governing body of each of the Parties. 5.4 Future District Projects within Chula Vista Bayfront Master Plan. The Parties anticipate that various other developers, selected by District through RFQ/RFP processes and other methods, will lease other parcels of the District Property other than the RHCC Development Site pursuant to the terms of other future long-term ground leases and those revenues may be contributed, by the District, to development of subsequent phases of the CVBMP Project Area pursuant to a Plan of Finance. 5.5 Lease of Convention Center. The Parties anticipate that financing of all or part of the Convention Center as part of the RHCC Project Public Investment may involve a lease of 17 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 501 all or a portion of the Convention Center or other public asset by the City from the District or other lessor pursuant to the terms of a long-term lease (such lease being hereinafter referred to as the "Convention Center Lease"). If such financing method is utilized, the term of the Convention Center Lease will equal or exceed the maturity date of the Revenue Bonds and Lease Payments made pursuant to such Convention Center Lease will not be greater than the Lease Payments. The City and the District will submit evidence of the Convention Center Lease and the City will submit evidence of the availability of the Lease Payments and of the method by which the Lease Payments will support payment of debt service on the Revenue Bonds prior to the execution of the RHCC Ground Lease and such submittal will comprise a part of the Financing Sources Submittal required under Section 4.1.2. 5.6 Management Agreement. If a Convention Center Lease is utilized as part of a Plan of Finance, the Parties anticipate that the Developer will be responsible for all construction, operation, management, and maintenance obligations related to the Convention Center pursuant to a management agreement (a "Management Agreement") or sublease in a form approved by the City and the District, and as and to the extent, applicable, the JEPA. As between the Developer and the City, the Developer will assume all risks and obligations associated with constructing, operating, maintaining and managing the Convention Center. The Parties do not intend for a Management Agreement to restrict Developer's leasing or operation of the Convention Center, provided that all provisions of applicable anti-discrimination laws are satisfied and other applicable City, District or JEPA requirements are met. The parties will approve a Management Agreement at the times and in accordance with a Plan of Finance. 5.7 Opportunity for Cultural/Retail Use on Parcel H-23. Each of the Parties acknowledges that the project described in the FEIR provides for up to 200,000 square feet of cultural/retail use on Parcel H-23 in accordance with the Public Trust Doctrine and the Port District Act and each of the Parties agrees to preserve the opportunity to develop such cultural/retail use on Parcel H-23 notwithstanding other uses on Parcel H-23, including, without limitation, the development of a hotel or hotels on Parcel H-23. 6. Reimbursement Agreement for Oversizing. Separate from the RHCC Project, in the event that City requires Owner, Developer or other developer or builder(hereinafter referred to as a"Subdivider") in the CVBMP Project Area to oversize or supplement the size, capacity, number or length of an improvement for the benefit of property(ies) in addition to the property owned by the Subdivider, City agrees that City may enter into an agreement (hereinafter referred to as a "Reimbursement Agreement") with the Subdivider whereby the City agrees to reimburse the Subdivider from fees paid by subsequent developers for the portion of the cost of those improvements, including to the extent permitted by law an amount attributable to interest, in excess of the construction required solely to serve the property of the Subdivider (such costs being hereinafter referred to as "Excess Costs") by collecting from other persons or entities making use of such improvements for the benefit of real property not within the property owned, or formerly owned, by the Subdivider, an allocable portion of Excess Costs (such allocable portion of the Excess Costs being hereinafter referred to as a "Reimbursement Obligation") pursuant to applicable provisions of the Chula Vista Municipal Code. The Parties agree that any tenant of District Property in the CVBMP Project Area will be required to honor such Reimbursement Obligations pursuant to any Reimbursement Agreements entered into by City. 18 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 502 7. Miscellaneous RHCC Project Obligations. 7.1 Fire Station. Each of the Parties acknowledges that a fire station serving the CVBMP Project Area (the "Fire Station") will be required in connection with the development of the CVBMP Project Area and that, as between the Parties, provision of the Fire Station will be the responsibility of the City. The City will submit evidence of the method and means by which it will cause the Fire Station to be constructed in the Financing Source Submittal. 7.2 Transit Plan. Each of the Parties acknowledges that the FEIR identifies the potential for a shuttle service that would link various destinations within the western portion of the City, including the CVBMP Project Area (the "Transit Plan") and that, as between the Parties, funding for the Transit Plan will be the responsibility of the City. Each of the Parties acknowledges that it will cooperate to develop a Transit Plan consistent with the FEIR, including, without limitation, identification of funding sources for capital costs and operational costs and identification of operational responsibilities and further acknowledges that O&M Costs payable by the City are anticipated to include operational costs of shuttle services contemplated by the FEIR and provided within the CVBMP Project Area until such time as such operational costs are borne by other applicable transportation providers. 7.3 [Intentionally left blank] 7.4 Reimbursements for Remediation and Other Costs. 7.4.1 Remediation Costs. Each of the Parties acknowledges that some elements of the cost of RHCC Public Improvements and/or the Convention Center may involve costs of environmental remediation which costs may be the responsibility of third parties pursuant to applicable law or administrative order or other determination or agreement. Nothing in this Agreement is intended to diminish any such responsibility or impose such cost on any Party hereto solely by reason of its participation in this Agreement, it being intended that such costs will be borne by the responsible party in accordance with such law, order, other determination or agreement. 7.4.2 Other Costs. Each of the Parties acknowledges that if a Party advances funds to pay specific costs for a portion of the RHCC Public Improvements (e.g., if, for example, the District advances funds required to pay specific costs for a portion of the RHCC Public Improvements required to be completed prior to securing financing), reimbursement for such advances of funds may be provided for in a Plan of Finance on such basis as may be set forth in a Plan of Finance. 7.4.3 Pacifica Insurance Commitment. The Parties agree that there shall be paid from the Financing Revenues to the extent permitted by law, an amount not to exceed $300,000 in total for a period not to exceed ten years from the close of escrow on the Exchange Parcel, to address insurance costs associated with certain soil conditions which Owner may encounter during its development of the Residential Property as follows: (a) $200,000 to be used solely for any deductibles for the referenced insurance policy and (b) $100,000 for the following three items only: (1) any environmental cleanup not covered by the insurance policy but required pursuant to the Regional Water Quality Control Board approved cleanup levels as detailed in the Final Cleanup and Abatement Completion Report, Soil Remediation, Exchange Parcel — Former South Campus, Chula Vista, California, prepared by Haley& Aldrich, Inc. and dated February 2015; (2) to pay for costs set forth in (1) above but only in the event that the insurance company goes out of business; or(3) to pay 19 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 503 for costs set forth in (1) above but only in the event the environmental cleanup exceeds the total amount covered by the insurance policy. 7.5 Application of Unit Contribution. The Parties agree that the Unit Contribution will be used in conformance with the terms of the Settlement Agreement. S. Modifications or Amendments; Waivers. No modification, amendment, change, waiver, discharge or termination of this Agreement will be valid unless it is in writing and signed by each of the Parties hereto. 9. Additional Agreements, Actions; Further Assurances. Each of the Parties will cooperate with and provide reasonable assistance to the other to the extent necessary to implement and achieve the purposes and objectives of this Agreement. 10. Authorized Representatives. The Authorized Representative of the City is hereby designated to be the single point-of-contact with respect to such Party's obligations under this Agreement. The Authorized Representative of the District is hereby designated to be the single point-of-contact with respect to such Party's obligations under this Agreement. 11. Dispute Resolution; Attorneys' Fees and Costs. 11.1 Dispute Resolution. In the event of a dispute or disagreement between the Parties relating to the terms, conditions, interpretation, performance, default or any other aspect of this Agreement, each of the Parties will use its best efforts to resolve the dispute informally. 11.2 Attorneys' Fees and Costs. If any Party commences a lawsuit for the interpretation, reformation, enforcement or rescission of this Agreement, each Party shall bear its own costs resulting from such lawsuit. 1.2. Conditions Precedent to Performance of the Parties. Each of the Parties hereby acknowledges that (i) development of a Plan of Finance contemplated by Section 4 of this Agreement, including, without limitation, (x) identification of the Financing Revenues and the terms affecting application of those Financing Revenues to the purposes described in this Agreement, (y) identification of the issuer, or issuers. of the Revenue Bonds contemplated by this Agreement, and (z) the development of the Calendar which identifies a critical path under which sources of funds identified in Section 4 of this Agreement are committed and which takes into account performance of the Developer and Owner, and (ii) development of a RHCC Ground Lease acceptable to the District are conditions precedent to the performance of each Party's obligations under this Agreement. Each of the Parties hereby further acknowledges that (i) satisfaction of each of the foregoing conditions precedent may result in identification of further conditions precedent to eventual performance (e.g., issuance of JEPA Revenue Bonds, Developer performance parameters), which shall also constitute conditions precedent to performance hereunder and (ii) the sole remedy of any party for failure of any condition precedent shall be termination of this Agreement. 13. Termination; Consequences of Termination; Subsequent Action. Unless the Parties mutually agree otherwise, this Agreement will terminate upon the earlier of. (i) failure of the City or District to provide the Financing Sources Submittal or Financing Sources Approval or of the Parties to approve a Plan of Finance, within the times set forth in this Agreement or, if applicable, the 20 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 504 CVBMP Master Calendar; (ii) the date that the Revenue Bonds, as they may be re-issued or refinanced from time to time or other binding financing commitments arising from a Plan of Finance, are paid in full and retired; (iii) the date the Parties execute a further agreement regarding the Revenue Bonds or other binding financing commitments arising from a Plan of Finance, provided such agreement expressly supersedes this Agreement; (iv)ten years from the Effective Date or such other date as shall be agreed to by the Authorized Representative of each Party if on such date neither an RHCC Ground Lease is in effect nor any Revenue Bonds shall have been issued; or (v)the date the Parties shall agree that this Agreement shall be terminated. Any such termination will not affect other legally binding obligations which may have been entered into by the Parties pursuant to other binding contracts with respect to the same or similar subject matter. Each of the Parties hereby acknowledges that upon the termination of this Agreement, no Party to this Agreement shall incur any further financial liability to any other Party as a result of such termination nor will any Party be entitled to receive monetary damages as a result of the failure of any Party to perform its obligations under this Agreement. In the event of termination of this Agreement pursuant to clause (iv) of this Section 13, the Parties will conduct a public outreach process to assist the Parties in formulating a revised land use plan for submission to the governing body of each of the Parties, which revised land use plan will be formulated and submitted in accordance with applicable law, including, without limitation, environmental and coastal analysis. 14. Proposition G. The Parties acknowledge that the obligations of the City hereunder shall be subject in all respects to the terms of Proposition G, to the full extent permitted by law. In no event shall the City be required to take any action under this Agreement which violates Proposition G. 15. General Provisions. 15.1 Prompt Performance. Time is of the essence with respect to the performance of each obligation, covenant and condition set forth in this Agreement. 15.2 Further Assurances. The Parties hereto agree to cooperate with each other and execute any documents reasonably necessary to carry out the intent and purpose of this Agreement. 15.3 Entire Agreement; Subsequent Agreements. This Agreement contains the entire agreement between the Parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into and superseded by this Agreement. To the extent the Parties enter into any agreement subsequent to this Agreement relating to the subject matter of this Agreement and there is a conflict between a provision set forth in this Agreement and in such subsequent agreement, the provision in such subsequent agreement shall control. 15.4 Captions. Captions in this Agreement are inserted for convenience of reference only and will not affect the construction or interpretation of this Agreement. 15.5 Successors. All terms of this Agreement will be binding upon, inure to the benefit of and be enforceable by, the Parties hereto and their respective successors and assigns. 21 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 505 15.6 Notices. Unless otherwise specifically provided herein, all notices, demands or other communications given hereunder will be in writing and will be deemed to have been delivered upon (i)personal delivery to City or District or (ii) as of the second business day after mailing by United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to District, to: President/CEO San Diego Unified Port District P.O. Box 120488 San Diego, California 92112-0488 with a copy to: Port Attorney San Diego Unified Port District P.O. Box 120488 San Diego, California 92112-0488 If to City, to: City of Chula Vista Attention: City Manager 276 Fourth Avenue Chula Vista, California 91910 with a copy to: City Attorney City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 or to such other address or to such other person as any Party will designate to the others for such purpose in the manner hereinabove set forth. Notices may also be provided by electronic means, receipt of which shall be confirmed by the Party delivering the Notice. 15.7 Limitation of Rights; Third Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person other than the Parties any rights or remedies under or by reason of this Agreement. Without limiting the preceding sentence, in no event will the City or District incur any liability hereunder to any third party, including, without limitation, any potential developer, the Developer, the Owner or any Subdivider. 15.8 Severability of Invalid Provisions. If any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, then such provisions or provisions shall be deemed severable from the remaining provisions contained in this Agreement and such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, and this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. . 15.9 Execution Authorized. Each Party hereto hereby warrants and represents to each of the other Parties hereto that it has legal authority to enter into this Agreement and that all resolutions or other actions necessary to enable it to enter into this Agreement have been taken. 15.10 Governing Law. This Agreement will be construed and enforced in accordance with the laws of the State of California. 22 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 506 15.11 Effective Date. This Agreement will be effective upon approval and execution by both the District and the City. The date so determined is indicated on Page I of this Agreement and is referred to herein as the"Effective Date." 15.12 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original, and of which together will constitute one instrument. [Remainder of Page Intentionally Left Blank] 23 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 507 IN WITNESS WHEREOF, this Agreement has been executed by the Parties hereto and shall take effect on the Effective Date. CITY: CITY OF CHULA VISTA, a municipal corporation By: Mary Casillas-Salas, Mayor Attest: Donna Norris, City Clerk Approved as to form: Glen R. Googins, City Attorney DISTRICT: SAN DIEGO UNIFIED PORT DISTRICT, a public corporation By: Approved as to form and legality: GENERAL COUNSEL By: Assistant/Deputy S-1 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 508 EXHIBIT A CVBMP Project Area w T.« r Project Area r = i% 0 / 0.01 / ijT321, qp F r 1 r� f t III 1pJ 1 « ffl 1 %R k Po /r m r r fi, s C f f « xa I t1I f,; . x /�/ �! ;'/ r /✓" it phi, /U//0G�� sw r d� iii//rrl/��lia�i�/i /// �,� 4 ° r ✓� rr; Z � y K •„ � �' �� �� n P � ry/ rr / 2016-11-15 Agenda,Pa�ketr ,lry + , Page 509 EXHIBIT A CVBMP Project Area —Sweetwater District a6 ' r a Chula Vista Bayfront Master Plan Area /i✓ ✓ii ✓ ;11 �i int air i J0/ /// i ��'����/i D✓«t /iailol ✓i / 'kali ut ✓ r ✓ J )� ��/!✓%/off//iris/iiz i ✓[ %i � r hi✓/p fP / fl 11 Il( r, 1 /l 0 'I fG /////I////l/l `� lr ��� Ui a///j rlj✓ ��// ��N'�hlYf'�ii//moi ° s�� �, Ur i% f //ii / ✓�/ ii �lj ag��y w rG 6 /"M' Agaa�V 5P' /p �L �A�ia� op[Nsrh � r rtw�u� � r� �ry'i Illi � U✓i J 0/ /� /�✓/'x^54' r�.aa r / a vfl 1 Sp-4 �/ d r 01 J� �i //�/ii /i� /�%I ll%✓� .a i/���%i "m� d, aaiaE✓ �� / 0/1 i�/i , ���1j 'fr✓i//i ��//i/, /i / // §/W ✓tt'✓ 1 �1/„ll�/1�i i i/ ,✓ ��rB��X�p„ 4 �i%%0/�� ������� � /r” �////%/ �Ad �/�i/i / 21 ITT oc¢ iii / // /�/ / %i/ � / � / All/, Wi ( /�// �', ^vbr i i✓✓ /iii % i //�// ✓„Nth � /�%//�� ��� � //� /j��%/�/�� %'%%�✓ 5 Page I of 3 2016-11-15 Agenda Packet Page 510 EXHIBIT A CVBMP Project Area —Harbor District �r,,.,"/4 .". iN�,Pi✓f,P %n =a.-/„. rii,,,,,✓/mrri a ,. /, ,ni r//'��r„ ,-,,,, ..,r .,, „ >', n .;ri,,, r, d. ,.nv'niG(GAbH�II✓✓ifllrlmL+�,lryglr /1 lf�,r u4,,,,; ,/ ,I;?�, ,%J�/v�f/.rJ,rd, ,,r/, .a?.{ ray p r w ) ,Qg /�l/ i /it'/, d /r✓it /,... r Vr?ry P.... r i» i f, IP ��v � r ,%) r✓�I'✓Yr �/ /r��,rI / /M1Y„ 1/�/ / /�j i,i%111q� � � {y / r �rrcyfr f/N 9 �/ IYri.. ...! r�;/��l/r'II�I�ii74;��/ �J„ �� � „+ aPnrairc2aH,SN YedOludrur)urrD/ !r,1,;,-''/�... / >% � Y/ Yd14116i1U}IlUU MIIrNUw'B 'W ✓¢ fA” I W�( y, �f ,� �r/ ) / Il 1 'd f,�3 Jh, V,rrc 1 % Chula Vista Bayfront Master Plan Area w'Gw'rlmrwr c wr wroar wyrl '� �` r. e�� uf`rr;°Yllr /,rrrY plGrr 'r /�/ra rPrrc� �+ r I rc � U r' 1�',,,,/v ,✓ ,; /✓,c�, rr r/ / a r� / � � Y l/>r/ r l �� �',fl %l / 6r/+ll,,, // pfd ✓ J� Jl�lf�/'J�1i�411���1�������Jf%�i^1�4 `Jjf`IJ ',��I�i��i� � � I��l�� „�,,,,,�,.//////dt,f�J/IJkI�✓n/✓Hnrc���n .,.i„i n, ,////�,,: y� / �//�Y� f��ii clli ..r/,,r//,^/r!,,,,nr�,r�r�it✓p/,;r;i,,4Tu➢1rc YY,Y%1!!,G/n cr r,.,r...: .r..✓rr„:,.r,,:,,rcc,.etrrrluNrrA,'ui 2,,,rinJ¢Irarrron lilnarrar rccurvr.!.rrur✓rr✓rr rnmrraaru„u � r/i/�rrc/n/rYl.rcody✓Irw,!ir/rrer rl'r / ✓r rrrr roc rrc - r r ,,,,,;, c,t�,z �,,,,, ///U,.; or/ r'r v,,�;..r /rt %/ r ora rJ/' otr ri✓i !„»a/ /r r I. 7 i/ /........a ,mgr'"/vieov, N::r l /' / /' r� //ir. l/d.w l 11 V,iy I/ 11 Ur , „ ,,,,,, ✓lrh's(wNl .1./. or-r% /i /.// .///�,.,:. e; r.. r/, .G✓,fll r,.R OIlJ/ WAAI /Il1l/1 r ,,,, F7,'�., 'r, �.... r/i /i✓i/r///a/r/»////i!I ✓///,I/„//�.�/ r/,//r�i /r r o r ,r, ✓, ,�- ,rc%!Il//t� /�/r/,, ��i„r�, J��t�hy(Y�„rrr vat /,,,, ,,,,, � /l�lAr/ %1' ”' ° "Kr '”' m" �"'+ � / r %ir//„ ,__,�.I� //////////////I//ld////i � ✓F'I �l f/�y �/fes, H-��$ ���,a�/rr��aiC��ri�n/irr/rir�r ✓ r o H1 MUMGdJ W"$AAPFICCd44"* ��1 //g ”, NY',Ak''»1YAF3lA y rh � HP 13A aexnrar+nrnutizrnax � Jr/ ��/% r t �tttt+nx+aw ,Y r � n acr, rkakwtl cswnaL r r ✓ naarAeaunrore wnc ' i r / �� » *� r r r�riii, N o,, ,v%,a%f / ,; /,y r /„ a ,;^l¢:i, 'n% a,. iw n. ,a.✓, r „s,; r�% /ir/r��/ r//rjl rp li: i ,m;,3 P-12B ASWMAAanm �N.. miwrarna,;w' a,v rtu:.., arras, SnWA r roA %(%O',r / HP-23A �UNUH-15 Qa l HP iIAnn rc rac «na ici,,,� v/ ✓ � iar+r..wm� M. ,.,r ee M1P"XLiVWF UN6 Y0.AYL "�M'MMI�"tlW uQAI. r M,7iL" /��///�j//j� ”: prI✓ � /w e . /�'/i✓��j�/��Ar���dJ'611 S�'Y r. . ,...... H-23 H-1!3 H_1� /�///�/j' I , Y / AIPS9PlkN�IAL W 14k51[)tNttlWk aNR nwa munww Azaa rvwevaa,ti�.Affrnl✓ fear alae P P A, '%✓��//%��%/ �ki5wl :",/ . 1 ..) rl Yl1(.�'r r, li ///r/��/r/ i%r r //j�//%//I/ /fir W+mnev� -rcr; AA`s.. " Y�P Ji 3 ,,� � sri/ ' 'H ,;�'n�, � , .�'�' Uh�1'H�Q��r� a � �✓'a a�rrrnr,�a< if!r�/ y, r Huard� KEA4�A4�4�gPbtt6E tPMmif k NA 4 ^ � A ”' � ,� r�4 rvrA Mgrrug �y „� ✓ nn3m Wv / �a m 5��1�� J titititi8 �f���1111 � I �4(N� l7yly� � �- 1 IIS n hI � r Y r Alnrj^upI I r rrw / r9,r � �,� (�4/ ”' I� Nd t� 0�9'w�'ti��1�1141WAU�JNItlA���w�� J �I lm✓/rl !8�7 ur�i�r��� � fi � i � >� (R d � J "� $�C�II�v1�� �rc'�r✓1r rr �// � w�I+ rsA; ID � a,aec eBTwuee'rr 4✓f;,,(!, r� Hrf �r, '��rr fj/ � � / � Irl a HP-d Q5a in « r r a vi° r r ✓vi r-/ r,:1 I i x 11,0 AC / uui�ll�l rr Page 2 of 3 2016-11-15 Agenda Packet Page 511 EXHIBIT A CVBMP Project Area —Otay District % �fy/ %or I r;�lff �„ f, OWN), woylupf 'm', ;;'. f�i`�PI�7J,� �%y lJN "1- f ;ul 7 w, I / yiYtnYH 4 oy 6k/@ ,a/ /A / �lll/%/%Yi/%/p�J»��'k,/Jmw;lDp�aa➢rd�/v i If x AV f� / r/ fi ��^� w ,,,y "� f J/ 34rG": ,,I� „Yo f,� ,t, �,,,t"Ai✓ �A�- wVNv IM"'�V "i`� fi'L ,Wyyr7'Yf f%fir,fN Mf�l✓L 9f/ '��f �NNJI,�, rt �',rr,�!'�i///Di-„;rIm„l,.,1q:. Chula Vista Bayfront Master Plan Arearr� i ✓ „firll�nf'K' � ,✓/,% irf� / fes 1 uJ�Pkv;,�'frff�r l//r / /N l ✓ f / // ✓ aq v�ti�e aro ; f rll il��rir�Al '�j' (IIN. Yr ,q; ,m ,,6�m !(,rlk�„M/✓ii �J/°fd^�JIf Ni�VY >�✓P) '��fi/ 17fh 91V1/ dl rm',rFa is ✓ff D // / f � hl✓f/ Ir � r //•✓ �r% v�” I4 '"f/lrl/ r9�r :/ / )� �f�� J r U f i" ii lI f f%pro ,�; "�I;uw � '/ ✓ ry r"��✓f //✓ ;f �i k, lll�� '+n.' f 1���/f f /✓1�f ufr/ ��/���1�'.. ( f>',Y'�y�p 'A"f lfli�ly�� � J�,��(V��� � �� ;��'^"i"w ilw�l4.w�kw;�f�ifiGllYXf�JF���a(���4,✓'(�;l,�✓..�✓�f�GiG�(r�(l'✓IRG��w<dtirf,,,,,,,, ,e/ YI/r///riGu/Ull i„�j�i f ! ninr r �////"" }�f�b�rc u , / /. „" (r N BEV OUU IN $RIAL SINESS PARK OPW�N I BU {� // / 18 AC COMBINED 25 AC 36 YRV PARK OP-2A FoP 1R a oa 1A �lf f J ✓/i%/I ECOLOGICAL 0-313&0-3A /e BUFFER a COMBINED IA AC STMT COMBINED 24 AC / / 073A4�0� RV /l RVPARV( JY/!'t�P—�� '4 IN OTAY ,�i O /�✓ ��, /,0 ✓' ////I// /� �/l l It ✓„' �✓ % i ��i//%j // / 1 %%�,� „/ / ... �%✓ '�rr� ti511 l %/ /�/i //��i�/ //rte / ��%%%ii;,, ti' •` f� /f f ✓i /I��� //✓/, �/iii/// � ”' /i��%/✓/"" �/� ��1�/ / / /f / / r / / / ri / f / / f / / / / / „ r / f / / / / r r / ff, / r / / 7rr f / / f r r f! e � t , ,1 / / I f/i 6, . J Page 3 of 3 2016-11-15 Agenda Packet Page 512 EXHIBIT B CVBMP District Property / F District Property q Ij I i I� I� Nullmm�ulvlV>iti y ;� / yy li �wµ I tlN t�l �r �V m 4, III' I ' b l � I I 1 r i Is 11 J p a i j l "ry ju I 2016-11-15 Agenda Packet Page 513 EXHIBIT C PUBLIC IMPROVEMENTS C-1 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 514 EXHIBIT C-1 PHASE IA PUBLIC IMPROVEMENTS C-1-1 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 515 EXHIBIT C-2 ALL OTHER PUBLIC IMPROVEMENTS EXCEPT PHASE IA C-2-1 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 516 EXHIBIT D [Intentionally left blank] 2 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 517 EXHIBIT E-1 PUBLIC SEWER FACILITY IMPROVEMENTS-PHASE 1A 3 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 518 EXHIBIT E-2 PUBLIC SEWER FACILITY IMPROVEMENTS- ULTIMATE WITHOUT PHASE lA 4 82537.00030\29363435.1 2016-11-15 Agenda Packet Page 519 EXHIBIT F OTHER GROUND LEASES 1. Amended and Restated and Combined Lease between the San Diego Unified Port District and The Marine Group, LLC for property at the North Side of G St. at the terminus of both Quay Avenues and Sandpiper Way in Chula Vista, which lease is on file in the Office of the District Clerk as Document No. 54509, as amended and may be amended from time to time 2. Lease between the San Diego Unified Port District and Chula Vista Marina/RV Park, LTD., dba Chula Vista RV Park forproperty located at 460 Sand Piper Way in Chula Vista which lease is on file in the Office of the District Clerk as Document No. 14243, as amended and may be amended from time to time 3. Lease between the San Diego Unified Port District and Chula Vista Marina/RV Park, LTD., dba Chula Vista Marina for property located at 550 Marina Parkway in Chula Vista which lease is on file in the Office of the District Clerk as Document No. 14244, as amended and may be amended from time to time 4. Lease between the San Diego Unified Port District and California Yacht Marina, Inc. for property located at 640 Marina Parkway in Chula Vista which lease is on file in the Office of the District Clerk as Document No. 23924, as amended and may be amended from time to time 5 2016-11-15 Agenda Packet Page 520 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE AMENDED AND RESTATED CHULA VISTA BAYFRONT MASTER PLAN FINANCING AGREEMENT BETWEEN THE CITY AND THE SAN DIEGO UNIFIED PORT DISTRICT WHEREAS, the City of Chula Vista (City) and the San Diego Unified Port District (District), began a collaborative planning process with the community to develop a comprehensive Chula Vista Bayfront Master Plan (CVBMP) in 2002; and WHEREAS, on May 18, 2010 the District and the City unanimously approved the Final Environmental Impact Report (UPOD#83356-EIR-658; SCH No. 2005081077) for the CVBMP; and WHEREAS, the first step in implementing the CVBMP was the adoption of the Chula Vista Bayfront Master Plan Financing Agreement, which was approved by the City Council via Resolution 2012-078; and WHEREAS, the approved Financing Agreement identifies financial resources and partnership between the City and District for the purpose of financing the public infrastructure and amenities included within the CVBMP; and WHEREAS, subsequent to approval of the Financing Agreement, the City and the District wish to amend the Financing Agreement to reflect updated contributions and commitments; and WHEREAS, nothing in the Financing Agreement, express or implied, is intended to confer upon any person other than the City and the District any rights or remedies under or by reason of the Agreement; and WHEREAS, in no event will the City or the District incur any liability under the Agreement to any third party, including, without limitation, any potential developer, owner, or subdivider; and WHEREAS, the City Council has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the proposed Amended and Restated Financing Agreement was adequately covered in the previously adopted Final Environmental Impact Report for the CVBMP. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista, that it approves the Amended and Restated Chula Vista Bayfront Master Plan Financing Agreement, between the City and the San Diego Unified Port District, in the form presented, with such minor modifications as may be required or approved by the City Attorney, a copy of C:AUsers\GRAN IC—I\AppData\L,ocal\Temp\BCL.'Technologies\easyPDF 7\(q)BCI,@4805E407\�BCI,(04805E407.docx 2016-11-15 Agenda Packet Page 521 Resolution No. Page 2 which shall be kept on file in the Office of the City Clerk, and authorizes and directs the Mayor to execute same. Presented by Approved as to form by Gary Halbert Glen R. Googins City Manager City Attorney 2016-11-15 Agenda Packet Page 522