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HomeMy WebLinkAboutRDA Packet 2004/06/15 1 REVISED tephen ~Vt- ~~~-:; - - -- - - ~- ellY OF CHULA VISTA TUESDAY, JUNE 15,2004 6:00 P.M. (immediately following the City Council meeting) COUNCil CHAMBERS PUBLIC SERVICES BUilDING SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY AND HOUSING AUTHORITY MEETING JOINTLY WITH THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council/Housing Authority/Public Financing Authority Members Davis, McCann, Rindone, Salas; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Council/Agency by one motion without discussion unless an Council/Agency member, a member of the public or City staff requests that the item be pulled 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 Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Public Hearing items. Items pulled by the public will be the first items of business. 1. a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE FIRM OF HB CONSULTING GROUP FOR ALIGNMENT STUDIES FOR THE SOUTH CIRCULATION NETWORK, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFORE 4/5THS VOTE REQUIRED b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH THE FIRM OF HB CONSULTING GROUP FOR ENGINEERING SERVICES RELATED TO ROCK MOUNTAIN ROAD, THE POGGI CREEK CHANNEL, AND THE EASTERN CHULA VISTA TRAFFIC CAPACITY ENHANCEMENT PROGRAM, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFORE 4/5THS VOTE REQUIRED The City retained the services of HB Consulting Group to provide project management services related to the preliminary alignment studies for the South Circulation Network (Main Street, Heritage Road, and Rock Mountain Road). It is recommended that the scope of work be expanded to include additional roadway segments and Wolf Canyon Sewer alternatives and to retain the services of HB Consulting Group related to various infrastructure needs. (Director of General Services/City Engineer) STAFF RECOMMENDATION: Council adopt resolutions (a) and (b). 2. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING CONFLICT OF INTEREST IN CONNECTION WITH RUTAN AND TUCKER, LLP'S REPRESENTATION OF THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY AND CALIFORNIA BANK & TRUST Rutan & Tucker, LLP represents the City and Agency on a variety of legal issues. Rutan & Tucker, LLP have been asked by California Bank & Trust to represent it with respect to environmental and regulatory issues on the Auld Golf Course project in Chula Vista. Although primary discussion will take place with the federal and state regulatory agencies, it is possible that their representation could involve discussion with the City of Chula Vista. Because of the Conflict of Interest associated with representing two clients in adverse positions, Rutan & Tucker, LLP needs a waiver of this conflict of interest to continue representing all parties. (City Attorney) STAFF RECOMMENDATION: Council/Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject. please complete the" Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Redevelopment Agency, June 15, 2004 Page 2 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Council/Authority, staff, or members of the general public. The items will be considered individually by the Council/Authority and staff recommendation may in certain cases be presented in the alternative. Those who wish to speak. please fill out a Request to Speak form available in the lobby and submit it to the Redevelopment Agency or City Clerk prior to the meeting. 3. CONSIDERATION OF AMENDMENTS TO THE MASTER PLAN AND THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. FOR RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX The Council previously approved project no. GG-139, which involves the renovation of the Civic Center Complex. Since the execution of the design/build agreement with Highland Partnership, Inc., a number of substantive design changes have been proposed that will result in higher costs, but will add significant value to the overall project. Adoption of the resolution approves the proposed amendments to the Master Plan and to the design/build agreement with Highland Partnership, Inc. (Director of General Services) STAFF RECOMMENDATION: Council adopt the following resolutions: a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CIVIC CENTER MASTER PLAN b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. IHPIl FOR THE PROVISION OF SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX PURSUANT TO THE AMENDED MASTER PLAN, AND APPROVING THE GUARANTEED MAXIMUM PRICE OF $33,904,000 FOR DESIGN/BUILD SERVICES FOR THE RENOVATIONS OF THE CIVIC CENTER COMPLEX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT PUBLIC HEARING The fOllowing item(s) have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Redevelopment Agency or the City Clerk prior to the meeting. 4. CONSIDERATION OF THE EXECUTION, SALE AND DELIVERY OF CERTIFICATES OF PARTICIPATION IN ORDER TO FINANCE CERTAIN PUBLIC CAPITAL IMPROVEMENTS The Council has previously approved a capital project to renovate the Civic Center Complex, and directed staff to return with recommended long-term financing. This financing plan includes funding for the first phase of the Redevelopment Agency, June 1 5, 2004 Page 3 Civic Center Complex renovation (Demolition and Construction of City Hall) and infrastructure improvements in Western Chula Vista. Staff is recommending approval of a long-term borrowing by issuing Certificates of Participation in an amount not-to-exceed $39,000,000. [Director of Finance/Treasurer] STAFF RECOMMENDATION: Council adopt resolutions (a) and (b); and Public Financing Authority adopt the resolutions (c) and (d): a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT-TO-EXCEED $27,000,000 2004 CERTIFICATES OF PARTICIPATION, (CIVIC CENTER PROJECT - PHASE 1), APPROPRIATING $14,207,022 FROM PROCEEDS AND $3,000,000 FROM THE PUBLIC FACILITY DEVELOPMENT IMPACT FUND (PFDIFI TO THE CIVIC CENTER COMPLEX PROJECT (GG-139), AND REIMBURSING UP TO $6,820,450 TO THE PFDIF FUND FOR MONIES PREVIOUSLY SPENT ON THE PROJECT BASED ON ANTICIPATED PROCEEDS FROM THE SALE OF THE CERTIFICATES OF PARTICIPATION, AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH 4/5THS VOTE REQUIRED b. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT-TO-EXCEED $12,000,000 2004 CERTIFICATES OF PARTICIPATION, (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT), APPROPRIATING $9,000,000 FROM PROCEEDS TO THE WESTERN CHULA VISTA INFRASTRUCTURE PROJECT (GG-188), AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH 4/5THS VOTE REQUIRED c. RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN A PRINCIPAL AMOUNT NOT-TO-EXCEED $27,000,000 4/5THS VOTE REQUIRED Redevelopment Agency, June 15, 2004 Page 4 d. RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT) IN A PRINCIPAL AMOUNT NOT-TO-EXCEED $12,000,000 4/5THS VOTE REQUIRED 5. CONSIDERATION AND ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY, REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY FOR THE FISCAL YEAR ENDING JUNE 30, 2005 The City Council has received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating budgets for the Redevelopment Agency and Housing Authority for the fiscal year ending June 30, 2005. Two work sessions were held to consider and deliberate on the recommendations contained in the FY 2004-05 Proposed Budget. The budget submitted at this time for formal adoption represents the City Manager's initial proposed budget amended to reflect (1) changes adopted by Council since the proposed budget was printed; and (2) various additional staff recommendations. [Assistant Director of Budget & Analysis] STAFF RECOMMENDATION: Council/Agency/Housing Authority: 1) conduct the public hearing; and 2) that the Council adopted resolution (a); the Agency/Housing Authority adopt resolution (b); and Agency adopt resolutions (c) and (d). a. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE b. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET AND CAPITAL IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY EXCLUDING THE BAYFRONT/TOWN CENTRE I AND SOUTHWESTITOWN CENTRE II OTAY VALLEY PROJECT AREAS FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE Redevelopment Agency, June 1 5, 2004 Page 5 c. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE BAYFRONTITOWN CENTRE I PROJECT AREA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE d. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING BUDGET AND CAPITAL IMPROVEMENT BUDGETS FOR THE SOUTHWEST/TOWN CENTRE II OTAY VALLEY PROJECT AREA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE OTHER BUSINESS 6. DIRECTOR'S REPORT 7. CHAIR REPORT 8. AGENCY COMMENTS ADJOURNMENT The Special Meetings of the Public Financing Authority and Housing Authority will each adjourn separately until further notice; the Redevelopment Agency will adjourn to a closed session and thence to an Adjourned Meeting on July 13, 2004, at 6:00 p.m., in the Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to best protect the interests of the City. The Agency is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency' 5 return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, announcements of actions taken in Closed Session shall be made by Noon on Wednesday fOllowing the meeting at the City Attorney's office in accordance with the Ralph Brown Act IGovt. Code ~ 54957.7) 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR -- Pursuant to Government Code Section 54956.8 Property: Assessor Parcel No. 624-060-2700 (1.36 acres located north of the Otay River Valley and immediately east of the right-of-way for 1-805) Redevelopment Agency, June 15, 2004 Page 6 Negotiating Parties: Under Negotiations: Laurie Madigan (Redevelopment Agency), Vince Davies, Phillip Davies, Claude Yacoel, and State of California (Property Owners) Instructions to Negotiators AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, andlor participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, June 15, 2004 Page 7 INFORMATION ITEM June 15,2004 TO: Honorable Mayor and City Council Dave Rowlands, City M~ Alex AI-Agha, City Engineer ~ VIA: FROM: SUBJECT: Joint Council/Agency Item #1 - 6/15/04 Resolution - Approving First Amendment to the Agreement with HB Consulting Group for Engineering Services This memo is written to provide more detail and clarification regarding the contracts for HBCG being considered by the Council/Agency tonight. Staff is now recommending the deletion of two work assignments from the scope of work: Growth Management Ordinance, $35,000; and Additional Infrastructure Needs, $30,000. The work to be done under these contracts will be performed by HB Consulting Group and approved subconsultants: Firm HBCG - HB Consulting Group Subconsultants Contract Total Estimated Budget $ 494,400.00 171.500.00 $ 665,900.00 The budgets as outlined in the staff report to Council! Agency were total budgets through the completion of the various tasks and the duration of these tasks ranged from 3 months to 30 months (November 2006). To provide further clarification, the proposed budgets and expenditures are broken down on an annual basis as follows: I P.-oject I IIBCG I Mer:kel I 1l11~~aker:<1 PWA I JUIle2004 ~ May200S South Circulation Network $ 37,000 $ 12,000 Rock Mountain Road $ 87,150 $ 55,000 Poggi Creek Channel $ 31,000 $ 24,500 $ 45,000 Traffic Capacity Enhancements $ 82,000 Total 6/04 ~ 5/05 $ 237,150 $ 24,500 $ 67,000 $ 45,000 June 2005- May 2006 Rock Mountain Road $ 87,150 Poggi Creek Channel $ 10,500 $ 10,000 Traffic Capacity Enhancements $ 98,000 Tota16/05 - 5/06 $ 195,650 $ 10,000 June 2006-Nov 2006 Traffic Capacity Enhancements $ 61,600 Rock Mtn Road Contingency $ 25,000 Total 6/6 - 11/06 $ 61,600 $ 25,000 GRAND'I'O'I'ALS $494,400 $34.500 $ 92.000 $ 45.000 Honorable Mayor and City Council June 15,2004 Page 2 In addition, several of the larger tasks (Rock Mountain Road, Traffic Enhancement Projects, etc.) are for Project Management services based upon a time and materials basis for productive hours of time spent by all consultants. To provide sufficient budget and ensure adequate fund appropriation for these tasks, staff has asked HBCG to provide fee estimates that represent foreseeable conditions in the future. Therefore, these budgets are then somewhat conservative in nature. It is understood by staff and the consultant that the upper range of all the budgets will not be realized. The budget nwnbers presented are just that, budgets. They do not necessarily equate to expenditures by the City for the projects. Staff will authorize all work to be performed and review all invoices submitted by the consultants to ensure conformance with the project contract. We will provide the Council with a quarterly Informational memorandum on the rate of expenditures under this contract. J:\Engineer\AGENDA \Info item, 6-] 5-04-revised.doc COUNCIL AGENDA STATEMENT ~~V(SE.O e.Dtl :It I Item I Meeting Date 6/15/04 ITEM TITLE: Resolution ofthe City Council Approving the First Amendment to the agreement with HB Consulting Group for alignment studies for the South Circulation Network, and appropriating and transferring funds therefore. SUBMITTED BY: Resolution of the City Council Waiving the Consultant Selection Process and Approving an agreement with HB Consulting Group for Engineering Services Related to Rock Mountain Road, the Poggi Creek Channel, Eastern Chula Vista Traffic Enhancement Program, and appropriating and transferring funds therefore. Director of General Services/City Engineer ~ City Manag~ (4/5ths Vote: YesXNo_) REVIEWED BY: The City retained the services ofHB Consulting Group to provide project management services related to the preliminary alignment studies for the South Circulation Network (Main Street, Heritage Road, and Rock Mountain Road). Staff recommends expanding the scope of work to include additional roadway segments and Wolf Canyon Sewer alternatives. In addition, Staff recommends retaining the services ofHB Consulting Group related to various infrastructure needs within the City ofChula Vista. RECOMMENDATION: That Council adopt the resolutions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: South Circulation Network On May 27,2003, by Resolution 2003-223, the City waived the consultant selection process and approved an agreement with HB Consulting Group (HBCG) to provide project management services for the South Circulation Network alignment studies related to Main Street, Rock Mountain Road (from Main Street to the extension of La Media Road), and Heritage Road (from Olympic Parkway to Main Street). (See attachment I.) The scope of work included those duties necessary to evaluate and make recommendations regarding the preliminary horizontal and vertical alignments ofthese roadway segments. The work is needed in conjunction with the General Plan Update, the Capacity Enhancement Projects, and the Wolf Canyon Sewer Project. The work completed to date includes the alignment analysis for Heritage Road (north of Main Street), the alignment analysis for Main Street and the horizontal alignment analysis for Rock Mountain Road. The vertical alignment of Rock Mountain Road is dependent on the W olfCanyon Sewer alignment and the intersection with La Media Road and SR 125. 1- I Page 2, Item , Meeting Date 6/15/04 In order to complete the alignment studies, it is crucial to analyze additional roadway segments because of the inter-relationships ofthe road network in this developing and undeveloped area south of Olympic Parkway. It is not practicable to recommend the best alignment of Rock Mountain Road without extending the study area beyond La Media Road easterly to SR 125 and adding the extension of La Media Road from Birch Road to Rock Mountain Road. Staff recommends expanding HBCG' s contract to include this work. Additionally, the City is in the early stages of planning for the design and construction of a sewer facility that would serve the properties within the W olfCanyon Basin. It was originally contemplated that this sewer facility would be located at the bottom of Wolf Canyon. However, that portion ofW olf Canyon has a variety of sensitive biological resources and is part of the area designated in the Multiple Species Conservation Plan as "the Preserve". Therefore, to minimize the impacts to biological resources, it became necessary to identify another alignment for the Wolf Canyon sewer facility that would have significantly less impacts than the alignment being contemplated. Since HB Consulting Group was already working on various road alignment studies for the southern portion of the City, and was having significant deliberations with the various land owners (and their engineers) within that region as part of road alignment study, staff recommends that HBCG's scope be expanded to incorporate a feasibility analysis for an alternative alignment of Wolf Canyon sewer. The alternati ve to be considered provides for the Wolf Canyon sewer to be located generally outside ofthe canyon bottom and instead within Rock Mountain Road. Such an alternative identified through this effort, if viable, would significantly alleviate the concerns of the environmental community. Furthermore, since the landowners would be part of the solution, it would also have landowner concurrence ofthe chosen alternative, which would ultimately simplifY the design and construction of the facility. Staff recommends expanding the scope of work ofHBCG related to the South Circulation Network to include the following general duties to enable completion of the Rock Mountain Road alignment analysis and Wolf Canyon Sewer alignment analysis: . Extension of the Rock Mountain Road alignment study from La Media Road to SR 125 . Addition of the La Media Road alignment study from Birch Road south to Rock Mountain Road . Addition of sewer alignment options for determination of the preferred alignment for the Wolf Canyon Trunk Sewer (generally along Rock Mountain Road) Rock Mountain Road/Heritage Road/ Main Street Once the alignment of Rock Mountain Road (as well as Heritage Road and Main Street) has been established, the City will commence upon preparation of a project level Environmental Impact Report (EIR) for the proposed construction of Rock Mountain Road and its corresponding sewer line. This sewer line will serve portions of Village 7, the Eastern Urban Center, and other properties within the southern portion of the Wolf Canyon Sewer basin. Staff recommends retaining HBCG to provide project management services related to preliminary design services and the preparation and processing of the ErR for Rock Mountain Road. Retaining HBCG for this work provides continuity of project management services from initial analysis (South Circulation Network alternatives) through preliminary design and environmental processing and permitting. Staffbelieves this continuity is key to delivering timely infrastructure. HBCG will perform this work under the direction of the City Engineer and the City's Environmental Review Coordinator. 1- 2.... Page 3, Item , Meeting Date 6/15/04 Poggi Creek Channel The construction of Olympic Parkway included the relocation and reconstruction of Poggi Creeek within a channel adjacent to the new roadway. As a requirement of the US Army Corps of Engineers (Corps) 404 permit, the channel was constructed to incorporate features that, during a majority of flow conditions, would act and function similar to a natural stream. Due to area and topographical constraints, the uppermost portion of the channel (between East Palomar Street and SR-125) was constructed narrower and steeper than the remainder of the channel. This reach of channel has experienced erosion in certain areas and is in need of remedial work. The City is working with the Otay Ranch Company (who constructed this portion ofthe channel) as well as the resource agencies to make certain that the correct remedial measures are implemented. In order to provide a solution that will be acceptable to the resource agencies and insure long-term stability of the channel, staff recommends that HBCG be retained to manage the design and approval of the remedial work. HBCG proposes to use the firms of Merkel & Associates and Phillip Williams and Associates to assist in the design and approval of the proposed erosion fix. Both of these firms were involved in the original permitting and approval of the Poggi Channel stream design. The final design ofthe erosion remedy will have an impact on the areas to be included in conservation easements to be recorded in favor of the Corps. The conservation easements need to be prepared and reviewed in light of any structural improvements that may be incorporated into the channel as part of the redial work. In addition, two pedestrian bridge crossings are proposed across Olympic Parkway and the Poggi Channel. As part of the bridge construction, it is necessary to insure that there are no adverse impacts to the existing channel and vegetation. It may be necessary to exclude certain areas from the conservation easements depending upon the nature and extent of the improvements. Staff recommends that HBCG manage the preparation and recordation of the conservation easements as well as coordination ofthe design review for the necessary permitting ofthe pedestrian bridges across Poggi Channel. Eastern Chula Vista Traffic Capacitv Enhancements A program to provide traffic congestion relief was initiated in mid-2001 to identify various traffic congestion relieving improvements that could be implemented in the near to mid-term prior to the construction of SR 125. The objective of this program is to reduce vehicular delay, meeting the City's traffic threshold standard while accommodating needed economic growth and development. In sum, making sure that infrastructure and growth are in balance and the community's quality of life standards are sustained. On May 6, 2003 the City Council approved a contract amendment with HBCG to provide project management services for various roadway and Interstate-805 freeway interchange improvements as part of the Eastern Chula Vista Traffic Capacity Enhancements program. This contract expired in May 2004. Staffrecommends the City continue to utilize the services ofHBCG to perform project managements services related to the completion ofthe capacity enhancing projects. Specific projects include: . Mt. Miguel Road extension from SR 125 to Proctor Valley Road, . SR 125 design and construction interface between the City, the toll road developer/constructor, and affected landowners, . Widening of the westbound East H Street to northbound 1-805 on-ramp, 1-.3 Page 4, Item , Meeting Date 6/15/04 . Widening of Telegraph Canyon Road east ofI-80S, . Construction of the Olympic Parkway/I-80S Interchange improvements. . I-80S corridor improvements It is recommended that HBCG be retained to continue to provide these services through the completion ofthe construction of the facilities. HBCG will perform this work under the supervision of the City Engineer. Consultant Selection Process The principal project manager ofHB Consulting Group is Harry Burrowes. His knowledge of the developing area in Chula Vista is extensive and up-to-date. Staff believes Harry Burrowes is in the best position to provide the required services considering his experience and knowledge of the project area and his knowledge of the major developers and development proposals. Therefore, staff recommends that the City's selection process be waived and HB Consulting Group be identified as the sole source to provide the additional engineering and related services based on the following: . Consultant is an experienced engineer and project manager who has demonstrated exceptional knowledge ofChula Vista, its standards and it's development community. . Consultant understands the proj ects and time frames set forth in the agreement. . Consultant has demonstrated an ability to work effectively and efficiently on past, similar proj ects. . Consultant has demonstrated an ability to move complex projects forward from initial conception to design and construction, balancing the needs of the City. . On certain portions of the work described above, the additional engineering and related services is an extension of current work and a change in project management at this point would increase the risk of error and/or delay in the project. Based on the above, staff believes the consultant selection process is impractical and the City's interests are materially better served by the retention of HB Consulting Group. The benefits of waiving the consultant selection process and retaining HB Consulting Group for the work described above outweighs the benefits of the standard consultant selection process. Fees The following schedule offees corresponds to the work-scope described above for the various project components: Pro i ect Previous Contract Proposed Fee Estimated Amount Increase Duration South Circulation Network $122,160.00 $ 49,000.00 3 - 6 Months Rock Mountain Road N/A $254,300.00 24 Months Poggi Creek Channel N/A $121,000.00 6 - 9 Months Eastern Chula Vista Traffic $91,294.85 $241,600.00 9 - 28 Months Enhancement Projects TOTAL $ 665,900.00' · Includes estimated sub-consultant Jees ($171,500 sub-consultants, $494,400 HBCG) 1-4 Page 5, Item~ Meeting Date 6/15/04 The total fees paid to the HB Consulting Group on all City projects over the past twelve months is $113,822.50. FISCAL IMPACT: There is no fiscal impact to the General Fund. Tonight's resolution for the amendment to the South Circulation Network project appropriates an additional $15,000 from Transportation DIP Fund to CIP STM 350 for the additional road alignment studies and transfers $34,000 from C1P SW 225's unencumbered funds to CIP STM 350 for the work associated with Wolf Canyon Sewer. The resolution for the Rock Mountain Road, the Poggi Creek Channel, Growth Management Ordinance Update, Eastern Chula Vista Traffic Enhancement Program, and Additional Infrastructure Needs within Chula Vista provides for funding sources as follows: Rock Mountain Road Proiect - Appropriates $232,000 from the available Transportation DIF balance and transfers $22,300 from CIP SW 225's unencumbered funds to a new CIP for the project management services related to Rock Mountain Road and Wolf Canyon Sewer. Poggi Creek Channel - Funding to be 100% provided by developer (Otay Ranch Company) via deposit account. Eastern Chula Vista Traffic Enhancement Proiects - The development community will continue to fund the project management effort for the projects with the exception of Interim SR 125 and the East H Street Ramp Widening Project (funded from the Interim SR 125 Development Fee Impact fund - total appropriation $185,000), and the 1-805/0Iympic Parkway Interchange Project (appropriation of$7,600 from the available Transportation Development Impact Fee (TDIF) balance). Developer funding will be $49,000. Attachment 1: Map of the South Circulation Network Attachment 2: Original Agreement between the City and HB Consulting Group for South Circulation Network Exhibit 1: First Amendment to the Agreement between the City and HB Consulting Group for South Circulation Network Exhibit 2: Agreement between the City and HB Consulting Group for Rock Mountain Road, Poggi Channel, Growth Management Ordinance Update, Eastern Chula Vista Traffic Enhancement Program, and Additional Infrastructure Needs within Chula Vista H:\AttomeyVunc_15_ Council Agenda Statement HBCG~SCN-revised.doc I-S --- ".. -"" " " " . "'" '" 0 '" ~ - 0:: o;j " 0:: S 0 0:: .~ 00 - .~ S'lI liS .~ - "'" -< "'" -< &>'" v",~e, , -' "g '" o 1:i ~ " o;j S .5 Sn 00;::: "C: -< o z~ --- . . 1- I.e. ...." " . " ". \ . . , 0:: o 0:: >'0 :; ....-4 ,~ ";;j u u :==j o .... ~ " ~ ~ ZCll '.. .. ,o.s- .. ~~.. . ~ .. .~.... ... ~ .. .... ATTACHMENT 1 , . . \ " . \ . ~ " . ~ ) " en -" " d . ~ \ en bQ " .'" ~ . '" " ~ 1/ . . ) . . I " I . . ~ - ATTACHMENT 2 Parties and Recital Page(s) Agreement between City of Chula Vista and . HB Consulting Group for Engineering Services Related to . Heritage Road, Main Street and Rock Mountain Road And Additional Infrastructure Needs within Eastern Chula Vista (CIP STM 350) This agreement ("Agreement"), dated r ~ ;} ~ ~ forthe purposes of reference only, and effective as of the date last exe ut d unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, the area of Chula Vista known as the "Eastern Territories", more specifically described as that area within the City's General Plan area located east of 1_ 805, is partially developed and proposed for additional development; and, Whereas, the City is undergoing studies for a General Plan Update to include the "Eastern Territories" which includes a Circulation Element related to transportation needs to implement the General Plan; and, Whereas, the alignment of certain Circulation Element roads (Heritage Road and Rock Mountain Road through undeveloped land south of Olympic Parkway) affect the General Plan Update; and Whereas, in conjunction with the General Plan Update, the City has the need for engineering services to perform a feasibility and alignment study of Heritage Road (south of Olympic Parkway to south of Main Street), Main Street (between Heritage Road and La Media Road) and Rock Mountain Road (from Main Street to the future extension of La Media Road) prior to adoption of the General Plan Update; and, Whereas, Heritage Road, Main Street and Rock Mountain Road alignments are needed in conjunction with the Capacity Enhancement Projects and the Wolf Canyon Sewer Project approved by Council; and, 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 1 (-7 ~l-J...:}-? ~ Whereas, staff believes the City's interests are best served by waiving the consl!ltant selection process and by retaining HB Consulting Group with Harry Burrowes as project manager. Whereas, Mr. Burrowes is an experienced engineer and project manager who has demonstrated exceptional knOWledge of Chula Vista, its standards and its development community and understands the project and time frames set forth in the agreement; and Whereas, the City waived the Consultant selection process and has selected Consultant as the sole source to provide the engineering and related services; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times , indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 2 I-(j r purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein. set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a mar:mer consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection With the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). (1) Certificates of Insurance. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 3 1-9 ~ . Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. . (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 4 1_ 10 ~ other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. . I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance ofthis agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 5 1-1/ ~ 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 6 1-12- ". B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, orparticipate in making or in any way attempt to use Consultarit's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. )' Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does.not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will flot acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. . Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 7 I - 1.3 ~ . made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, orfor 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attomey fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Agreement, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consul~ant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 8 I-'~ ~ employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder,and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance,of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred 'by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of su.ch termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become.City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation . arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultantshall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 9 1- IS- ". consents to the assignment of the portions of the Defined Services identified in Exhi.bit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall. be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of perfol111ing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injurY leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14~ .. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 10 I-Ie:. ~ 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attomey's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement. together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 11 / - 11 ~ hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable itto enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 12 (-I<? Signature Page to Agreement between City of Chula Vista and HB Consulting Group for Engineering Services Related to Heritage Road, Main Street and Rock Mountain Road And Additional Infrastructure Needs within Eastern Chula Vista (CIP STM 350) IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200_ Attest: ~JJl\l~~O,~ Susan Bigelow, City I~rk Approved as to form: G-~~ Ann Moore, City Attorney Dated: G -"3. -0-1 rowes, President Exhibit List to Agreement (X) Exhibit A. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 13 !-I'} .. Exhibit A to Agreement between City of Chula Vista and HB Consulting Group 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a () Other: business form] , a Unsert 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chu'la Vista, CA 91910 4. Consultant: HB Consulting Group 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 988 Camino Del Sol Chula Vista, California 91910 Voice Phone (619) 302-7577 Fax Phone (619)482-2057 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 14 I - 2-D ~ 7. General Duties: The general duties for Consultant includes all of the duties neces_sary to evaluate and make recommendations, summarized in an Opportunity and Constraints Study, regarding the horizontal and vertical alignment of Heritage Road (south of Olympic Parkway to the southerly City boundary), Main Street (from approximately-Heritage Road to La Media Road) and Rock Mountain Road (from _ approximately Main Street to Wolf Canyon). Such duties shall include, but not be limited to, consideration and evaluation of the following: cost, phasing, financing, vertical and horizontal alignment consistent with City standards and standard engineering practices, location of existing improvements, future intersections and development, preliminary environmental constraints & mitigation, preliminary geotechnical analysis, earthwork, sewer, water, drainage, public facilities, and size offacility. Consultant's duties include preparation of written reports and drawings and coordination and preparation of information for meetings with City staff and agencies, property owners, and developers (Developer Committee). The Consultant shall recommend a list of developers, subject to review and approval of the Director of Engineering and the City's Environmental Review Coordinator, for the Developer Committee. Harry Burrowes shall assume the duties of project manager. As project manager, Harry Burrowes shall perform or directly supervise all duties of Consultant. All work of the Consultant is subject to review and approval by the City. 8. Scope of Work and Schedule: A. Detailed Scope of Work: Consultant shall perform the tasks outlined herein to provide the Final Opportunity and Constraints Study, all subject to the review and approval of the Director of Engineering, for Heritage Road from Olympic Parkway south past Main Street and over Otay River to the City of San Diego boundary, Rock Mountain Road from the intersection of Heritage Road easterly across Wolf Canyon to La Media, and Main Street generally between Heritage Road and Rock Mountain Road, collectively referred to hereon as South Circulation Network (SCN). TASK 1 Enqineerina Studies Consultant shall assemble and establish design criteria to guide SCN project delivery. Consultant shall identify physical constraints, land development proposals, drainage requirements including NPDES and detention requirements, sewer and water facilities and all known environmental concerns to guide the design process. Consultant shall deliver to City a written Engineering Studies Report to the satisfaction of the Director of Engineering to include all written documentation identified in Task 1.1 through Task 1.6. The Engineering Studies Report shall identify: both interim and ultimate facilities and their proposed alignments; feasible alternatives that include horizontal and vertical alignments; drainage facilities including facilities for NPDES compliance and detention needs; sewer and water 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 15 1-2../ 2pty14 r facilities; public utility needs; right of way needs; and grade provisions for 1i,Jture grade separations where required. Task 1.1 Data Collection The City will provide Consultant with related Geographic Information System ("GIS") data including but not limited to digital topographic data. Consultant shall obtain digital orthophoto data including 2 ft interval contours, with assistance from the City of Chula Vista and the developers, and review technical and other background information pertinent to the project including: existing City and County topographic maps; existing alignment studies; existing drainage studies; existing sewer studies; proposed land development plans; property boundary and ownership records; City, County and CalTrans design standards; existing utility locations; SPA plans; GDP studies; Environmental Impact Reports; tentative maps; sewer DIF; TDIF; traffic studies; Otay Water District Master Plan; and other related reports. Consultant shall summarize the data in a written Data' Collection Report for presentation to the City. Task 1.2 Design Criteria Consultant shall assemble and establish design criteria to guide design of the SCN facility. Design criteria will include geometric design, utility locations, drainage guidelines, safety and operational guidelines, as well as conformance with other standards or jurisdictional regulations. Consultant shall prepare a written summary of the design criteria. Task 1.3 ' Physical and Environmental Constraints Consultant shall identity, review and log physical and environmental constraints such as design restrictions, known soil problems, biological resources and other possible constraints to developing the facility. Consultant shall document the information in writing and include a graphical and mapped summary of the highlights for ease of reference in subsequent evaluations. Task 1.4 Project Scoping , Consultant shall review information listed above with the City and develop guidelines for proceeding with the alternative studies. Consultant shall, conduct field reviews to identify topographic, hydraulic or geologic features that would impact the design along any of the alignments to be studied. Consultant shall prepare a written summary of the field reviews and likely alternative alignments. Standard Form Two Party Agreement (Fourteenth Revision) Page 16 ( - :L 2... 2pty14 ~ Task 1.5 Preliminary Environmental Review Consultant shall provide.environmental services as identified in Tasks 1.5A and 1.5B and, if directed by the City's Environmental Review Coordinator, those additional services of Task 1.5C. Consultant shall summarize its findings in a Draft Environmental Constraints Report to the satisfaction ofthe City's Environmental Review Coordinator. Subjectreport shall become part of the Draft and Final Opportunity and Constraints Reports. Task 1.5A Environmental Constraints i. Consultant shall conduct a search of the records of the California Natural Diversity Data Base (California Department of Fish and Game) and the California Native Plant Society to determine what sensitive species have been reportedfrom the vicinity of the project area. ii. Consultant shall conduct~ a biological resources survey of the approximately 400-acre multiple alignment project area, including a search for sensitive species apparent at the time of the surveys (state or federally listed or otherwi~e considered sensitive) and/or their habitats. Iii. Consultant shall prepare a map showing natural plant communities, areas that could be under the jurisdiction of the U.S. Army Corps of Engineers and/or the California Department of Fish and Game as wetlands or waters of the U.S., the observed locations of sensitive species, and habitat for sensitive species. Consultant shall outline biologically sensitive areas that could pose constraints to development on the map. iv. Consultant shalj conduct focused surveys for sensitive plants including Otay tarplant, San Diego thorn mint, variegated dudleya, and others that have the potential to occur within the project area. Consultant shall conduct surveys during the contract duration-to cover the blooming times of those species where appropriate for that time of the year. Forthe species that must be surveyed during other times of the year, consultant shall identify any surveys that should occur at a later date. Conducting of said additional surveys during other times of the year are beyond the scope of this agreement. v. Consultant shall record any inventoried biological resources located during the survey and comply with the reporting requirements of the Natural Diversity Data Base. Standard Form Two Party Agreement (Fourteenth Revision) Page 17 I - 2..3 2pty14 ~ vi. Consultant shall prepare a report to the satisfaction of the City's Environmental Review Coordinator that describes biological. resources occurring in the project area and potential constraints and likely mitigation needs posed by those resources. Consultant shall provide a map of the vegetation and sensitive species located in the project area that will be digitized by the Consultant into a Geographic Infonnation System (GIS) for use in selecting potential alignments and identifying impacts associated with those alignments. vii. Consultant shall conduct a habitat assessment for Califomia gnatcatcher and least Bell's vireo as part of the initial surveys to detennine if additional studies are needed. viii. The Consultant's environmental sub-consultant, Recon Environmental, shall provide up to 20 hours of meeting and consultation time for selecting the alignments. Task 1.5B Environmental Process Detennination & Analysis Consultant shall identify and detennire to the satisfaction of the City's Environmental Review Coordinator the procedural and pennitting actions that will be required for the roadway alignment altematives. Consultant's work shall include: i. Identification of regulatory permits and estimated timelines for pennitting required for each alignment. ii. Estimation of mitigation costs for each alternative. Iii. Identification of any necessary amendments to the City's MSCP for each alternative including impacts of the modification to .Planned Facilities" (Equivalency Analysis). Task 1.5C Focused Environmental Analysis (Optional Task as Detennined by the City's Environmental Review Coordinator) At the written request of the City's Environmental Review Coordinator, Consultant, together with the City's Environmental Review Coordinator or designee, shall conduct meetings and consult with resource agency staff related to specific issues impacting the pennitting of various alignments. Ultimately, Consultant's focus with the Resource agency discussions shall be on the preferred alignments identified by the Opportunities and Constraints Analysis. Based upon the outcome of discussions, Consultant shall refine Standard Form Two Party Agreement (Fourteenth Revision) . Page 18 (-L1 .. the information of Task 1.5B if necessary as determined by the City's Environmental Review Coordinator. Said additional services shall be billeid on a time and material basis. Task 1.6 Alternative Facilities Consultant shall identify potential interim and ultimate SCN facilities, feasible alternatives and alternative alignments, and phasing through a synthesis of estimated travel demands and network needs,. design criteria, and environmental and physical constraints. Consultant shall recommend to the City the alignment for the SCN facilities based upon information obtained from: the Data Collection and the Physical and Environmental Constraints tasks; input from the City during the Project Scoping meetings and field reviews; consideration of the impacts identified in the Preliminary Environmental Review task; and the detailed engineering review of existing topographic and planimetric mapping. Consultant shall prepare written quantity and cost estimates for each alternative for use in selection of a preferred alignment for the SCN projects. TASK 2 Altematives Analvsis Consultant shall evaluate the SCN projects' timing and phasing needs and recommend'.a list of viable development and design altematives. Consultant shall identify network improvements, at the conceptual level, necessary to meet traffic operations criteria at specified service levels for each altemative. Consultant shall identify preliminary right-of-way needs, prepare cost estimates and develop scheduling needs. Consultant shall analyze the Interim and ultimate SCN facility . needs, integrated with the Circulation Element of the General Development Plan. Consultant shall deliver to City a written Alternatives Analysis Report to the satisfaction of the Director of Engineering to include all written documentation identified in tasks 2.1 through 2.3. Consultant shall include in the Altematives Analysis Report a summary matrix of alternatives for ease of altemative comparisons. Task 2.1 Conceptual Designs Consultant shall develop conceptual schematic designs for each altemative, not to exceed 15 alternatives. Consultant shall evaluate design criteria such as grading and earthwork considerations, environmental impacts, phasing constraints and utilities. In addition, Consultant shall identify and evaluate 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 19 1- :l..~ ~ traffic operations criteria such as number of lanes, interim and' ultimate intersection design traffic signals, signs and grade separation needs for each design. Consultant shall identify where shortfalls may exist and what may be needed to resolve such problems. Consultant shall develop and analyze phasing and sequencing scenarios and consider cost, schedule, and traffic operations for each alternative. Consultant shall deliver to City, to the satisfaction of the Director of Engineering, 200 scale drawings and a written Conceptual Design summary. Task 2.2 Cost Estimates Consultant shall develop concept level cost estimates for each altemative SCN facility and related improvements. These estimates shall include the costs of facility planning, design and construction, right of way, legal and financing costs that may be encountered. For comparison purposes, Consultant shall express all costs in terms of current dollars. Task 2.3 Conceptual Schedules Consultant shall develop a possible implementation schedule for each altemative SCN facility and related improvements. These concept level schedules are needed only to assess and compare differences between alternatives. Conceptual schedules shall include such scheduling parameters as time needed for planning, design and construction, as well as environmental clearance and financing. TASK 3 Finance Prior to the start of the financial study, Consultant shall establish a list of viable alternatives in consultation with the City of Chula Vista and Developer Committee. The Consultant shall examine the feasibility of financing the SCN projects via CFD(s) that tax undeveloped lands or partially entitled lands to provide revenue for construction. Consultant shall estimate tax revenues that may be available for each alternative. Consultant shall deliver to City a written Finance Report to the satisfaction of the Director of Engineering to include all written documentation identified in tasks 3.1 through 3.4. Task 3.1 Cost Analysis 2pty14 For each alternative scenario, Consultant shall prepare and review estimated costs with the City and the Developer Committee, to develop consensus on the base data at the beginning of our financial feasibility analysis. Important variables, such as construction costs, inflation, estimated construction schedule(s), interest rate estimates, DIF funding eligibility, shall be discussed. Consultant shall prepare a written Cost Analysis Report, subject to review and approval of the Director of Engineering, on the estimated costs Standard Form Two Party Agreement (Fourteenth Revision) Page 20 ! - ~fo 2pty14 ~ that include, but is not limited to, grading, earthwork, environmental, drainage, sewer, public facilities, DIF eligibility, and right of way needed for SCN projects. The Cost Analysis Report shall summarize the results of the costs and will become the database for feasibility evaluations. Task 3.2 Local Revenue Sources Mello-Roos Community Facilities District (CFD) - Consultant shall analyze the feasibility of a Mello-Roos CFD to implement special taxes to pay for the timely construction of phased improvements. Consultant shall further analyze the feasibility of taxing undeveloped and/or partially entitled land as a source of revenue. Transportation Development Impact Fee (TDIF) - Consultant shall review the City's existing TDIF and make recommendations on construction scheduling, adequacy of existing fees and other financing alternatives. Sewer Development Impact Fee - Consultant shall review the City's existing sewer fees for possible participation in financing SCN related improvements. Consultant shaH prepare a written Local Revenue Sources Report, subject to review and approval of the Director of Engineering, to summarize its findings. Task 3.3 External Funding Sources . The City does not expect availability of external funding sources for this project. Consultant shall review City efforts to secure external funding and present a general overview. Consultant's review shall be limited to how external funding. may influence SCN project financing. Consultant shall provide a general overview of viable external funding sources that the City has a reasonable opportunity of receiving. Consultant shall prepare a summary of this review in a written Extemal Funding Sources Report, subject to review and approval of the Director of Engineering. Task 3.4 Alternative Financing Scenarios Consultant shall identify a list of feasible alternative financing scenarios for facilitating the construction of SCN projects, subject to review and approval of the Director of Engineering. From this list, Consultant shall develop a cash flow model that meets the needs of possible CFD financing and of development phases. Consultant shall analyze the feasibility of CFD financing that precedes land development and entitlements. Consultant and City staff shall identify the alternative financing scenario(s) that shall be evaluated by the cash flow model to determine where, and to what extent, financing is needed. Consultant shall then develop altemative financing Standard Form Two Party Agreement (Fourteenth Revision) Page 21 1-~7 ~ scenarias far each impravement .or impravement phase by combining financing sources for each scenaria and ranking them an their financial feasibility. Consultant. shall summarize this informatian in a written Altemative Financing Scenarias Report, subject ta the review and approval of the Director .of Engineering. Consultant's analysis shall focus on the most cost effective methad of financing the desired improvements under the desired schedule, as determined by the City. Cansultant shall evaluate the sensitivity of constructian schedule changes and econamic changes (interest and inflation rates). The City shall determine, with recammendatians fram the Cansultant and Developer Committee, the alternative(s) that best fit the City's needs. Consultant shall perform thase duties necessary ta assist the City to make the determinatian. TASK 4 Feasibility Evaluations (Draft Oppartunity and Constraints Report) The feasibility evaluatian process utilizes infarmatian develaped by each .of the previous tasks. The Consultant shall summarize the results of Tasks 4.1 through 4.3 in a written Draft Oppartunity and Canstraints Repart ta the satisfaction of the Director .of Engineering. Task 4.1 Camparative Analysis Consultant shall evaluate the altematives camparing comman criteria utilizing traffic, engineering (such as alignment, grading, drainage, detention basins, sewers, landscaping), and financial data generated during previous tasks. This camparative analysis shall cansist of determining merits and drawbacks of several key aspects of each selected alternative, including praject casts, revenue saurces, financing feasibility, environmental issues, traffic service, engineering considerations, and cammunity impacts. Consultant shall systematically campare the criteria, item by item, to determine a recommended alternative ta be presented ta City staff and Developer Cammittee in a farmat similar ta that identified far the Alternative Analysis abave. Task 4.2 Preliminary Recammendatians Consultant shall make preliminary recammendatians ta the City, based on this Camparative Analysis. Cansultant shall recammend the best altemative for the SCN and the reasan for its selection will be described in a written Preliminary Recommendatians Repart, subject to the review and approval of the Directar of Engineering. Task 4.3 Cast Implications, Financing Optians Standard Farm Twa Party Agreement (Faurteenth Revisian) Page 22 2pty14 / - 2.tt' .... Consultant shall prepare detailed SCN cost data for the selected altemative, building on the information generated during the Alternatives Analysis tasks~ Consultant shall include SCN development costs (I.e. engineering and design, environmental documentation, geotechnical investigations, right of way acquisition, etc.), construction costs, legal costs, administrative costs, and construction monitoring costs. Consultant shall outline financing options for the selected alternative with information conceming sources, amounts and implications for applicable financing options. Consultant shall develop pro forma tables to show the specifics of each selected financing option. Consultant shall analyze, refine and document the legal implications of the selected alternative. Consultant shall evaluate and document the required environmental, financial and legal issues: TASK 5 Final Opportunitvand Constraints Report and Documentation Consultant shall refine preliminary recommendations for the SCN projects to incorporate Developer Committee and Resource agency reviews, subject to review and approval of the Director of Engineering and City's Environmental Review Coordinator. Consultant shall prepare and deliver 1 00 scale engineering plans and a written Final'Opportunity and Constraints Report, to the satisfaction ofthe Director of Engineering, summarizing the results of the analysis performed, including the final recommended SCN facility, detailed cost estimates, preliminary environmental impacts and financing plan. Attachments to the Final Opportunity and Constraints Report shall include an outline of the necessary financial, environmental and legal documents required for SCN project implementation. TASK 6 Proiect Manaaement Throughout the design process Consultant shall assume the lead in identifying and resolving issues, subject to the City's review and approval, and in coordinating meetings with the City of Chula Vista, property owners and Developer Committee including preparing and distributing schedules, agendas, and minutes of meetings to the participants for approval. Consultant shall ensure that timely coordination is conducted between this SCN project and related ongoing projects including, but not limited to, the General Plan Update, Traffic Capacity Enhancement program, Village 2 & 3 EIR, Otay Land Company land use proposals, Wolf Canyon Sewer and Chula Vista's MSCP. Consuitant shall notify private landowners, in writing (facsimile, e- mail, postal service), of informational meetings and prepare appropriate graphics and handout materials. All Consultant services shall be performed to the satisfaction of the Director of Engineering. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 23 ! - ;i.. '1 ~ TASK 7 Additional Infrastructure Needs Consultant shall perform additional engineering services, studies, and consulting services as requested in writing by City Manager to identify and analyze additional infrastructure needs. Said additional services shall be billed on a time and material basis. Schedule: Consultant shall complete the major SCN project milestones as follows after the City issues a Notice To Proceed to Consultant: Activity Percent Complete Notice to Proceed 0% . Milestone 1 - 40% Engineering Studies Report. Task 1 Project Management. Task 6 Milestone 2 - 70% Alternative Analysis Report. T?sk 2 Project Management. Task 6 Milestone 3 - 80% Finance Report. Task 3 Draft Opportunity and Constraints Report. Task 4 Project Management. Task 6 Milestone 4 - 100% Final Opportunity and Constraints Report. Task 5 Project Management. 'Task 6 Deliverv Time Mav 28. 200.3 Julv 2. 2003 Julv 30. 2003 Auaust 27.2003 October 1. 2003 The time periods for each Milestone shown are inclusive of review times by the City 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 24 1-.3.-0 ~ and/or others. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: July 2, 2003 Milestone 1 - "Engineering Management, Task 6 Deliverable NO.2: July 30, 2003 Studies Report, Task l' , Project Milestone 2 - Alternative Analysis Report, Task 2; Project Management, Task 6 Deliverable NO.3: August 27,2003 Milestone 3 - Finance Report, Task 3; Draft Opportunity and Constraints Report, Task 4; Project Management, Task 6 Deliverable NO.4: October 1, 2003 Milestone 4 - Final Opportunity and Constraints Report, Task 5; Project Management, Task 6 D. Date for completion of all Consultant services: Engineering October 1, 2003 or later if extended in writing by the Director of 9. Insurance Requirements: ( ) ( ) (X) ( ) (X) 2pty14 Statutory Worker's Compensation Insurance Employer's Liability Insurance coverage: $1,000,000. Commercial General Liability Insurance: $1,000,000. Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). Standard Form Two Party Agreement (Fourteenth Revision) ". Page 25 (-,3( ~ 10. Materials Required to be Supplied by City to Consultant: GIS information (Task 1) 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interestfree loans which must be retumed to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert . this agreement to a time and materials basis of payment. B. (X) Phased Fixed Fee Arrangement for Tasks 1-6. . For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and . shal! not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed.to Consultant as to said Phase. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 26 1-.3~ ~ Phase 1. 2. 3. 4. Deliverable 1 excludihg Task 1.5C Deliverable 2 Deliverable 3 Deliverable 4 Fee for Said Phase $47,600 $35,200 $18,800 $ 5,560 (X). 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no . event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement for Tasks 1.5C and 7 Unless a separate fixed fee is otherwise agreed upon by Consultant and City Manager, for performance ofTasks 1.5C and 7 by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 27 1-33 2pty14 ~ (2) (X) Limitation without Further Authorization on Time and Materials Arrangement for Task 7 At such time as Consultant shall have incurred time and materials equal to $10,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. (X) Limitation without Further Authorization on Time and Materials Arrangement for Task 1.5C At such time as Consultant shall have incurred time and materials equal to $5,000 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rafe Schedule for Tasks 1.5C and 7 Category of Consultant's Employee Name Hourly Rate President Harry Burrowes. $150 Technical AsstlClerical $ 60 RECON Environmental: EXPERT WITNESS PRINCIPAL SENIOR ASSOCIATE ASSISTANT RESEARCH ASSISTANT GIS SPECIALIST PRODUCTION SUPERVISOR PRODUCTION SPECIALIST III PRODUCTION SPECIALIST II PRODUCTION SPECIALIST I SPECIALIST III SPECIALIST II SPECIALIST I RESOURCE MONITOR II RESOURCE MONITOR I TECHNICIAN III $200.00 $129.00 $100.00 $ 87.00 $ 78.00 $ 52.00 $ 52.00 $ 53.00 $ 43.00 $ 36.00 $ 31.00 $ 77.00 . $ 67.00 $ 57.00 $ 50.00 $ 40.00 $ 31.00 Standard Form Two Party Agreement (Fourteenth Revision) Page 28 (-.3Y- ~ TECHNICIAN II TECHNICIAN I FIELD SUPERVISOR FIELD CREW CHIEF FIELD TECHNICIAN SEED SPECIALIST $ 26:00 $ 21.00 . $ 30.00 $ 22.00 $ 18.00 $ 22.00 (X) Hourly rates may increase by 6% for services rendered after June, 2004, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts setforth below: . . (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed. $ () Travel, not to exceed $ () Printing,notto exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Sohaib AI-Agha, Deputy Director of Engineering Consultant: Harry Burrowes, HB Consulting Group 14. Liquidated Damages Rate: NA ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: . 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 29 1-,3 S- ~ (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer () Category No.1. Investments and sources of income. () Category No.2. Interests in real property. () Category NO.3. Investments, interest in real property and sources of income sUbject to the regulatory, permit or licensing authority of the department. () Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of . income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category NO.7. Business positions. (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Hunsaker and Associates, Engineering services RECON Environmental, Environmental services Geotechnics Inc., Geotechnical services Others as may be approved by Director of Engineering 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 30 1-.3-~ ~ 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: Transportation Development Impact Fee Fund 0NO# STM 350) 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: Completion of all Consultant services to the satisfaction of the Director of Engineering. File: J:IEngineerlLANDDEV\STAFF\DONNASIHB Consulting agmt-SCN Alignment.doc. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 31 1-.37 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL Dated: First Amendment to Agreement between City of Chula Vista and HB Consulting Group for alignment studies for the South Circulation Network / -.3 f( EXHIBIT 1 First Amendment to Agreement between City of Chula Vista and HB Consulting Group for Engineering Services Related to Heritage Road, Main Street and Rock Mountain Road And Additional Infrastructure Needs within Eastern Chula Vista (CIP STM 350) This First Amendment to the agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is made between the City of Chula Vista and HB Consulting Group ("Consultant") with reference to the following facts: Whereas, the area of Chula Vista known as the "Eastern Territories", more specifically described as that area within the City's General Plan area located east of 1_ aD5, is partially developed and proposed for additional development; and, Whereas, the City is undergoing studies for a General Plan Update to include the "Eastern Territories" which includes a Circulation Element related to transportation needs to implement the General Plan; and, Whereas, the alignment of certain Circulation Element roads (Heritage Road and Rock Mountain Road through undeveloped land south of Olympic Parkway) affect the General Plan Update; and Whereas, in conjunction with the General Plan Update, the City has the need for engineering services to perform a feasibility and alignment study of Heritage Road, Main Street and Rock Mountain Road prior to adoption of the General Plan Update; and, Whereas, Heritage Road, Main Street and Rock Mountain Road alignments are needed in conjunction with the Capacity Enhancement Projects and the Wolf Canyon Sewer Project approved by Council; and, Whereas, City retained HB Consulting Group with Harry Burrowes as project manager; and, Whereas, Mr. Burrowes is an experienced engineer and project manager who has demonstrated exceptional knowledge of Chula Vista, its standards and its development community and understands the project and time frames set forth in the agreement; and Whereas, the City waived the Consultant selection process and has selected Consultant as the sole source to provide the engineering and related services; and, 1-,,3 9 Page 1 Whereas, the City recommends expanding Consultant's scope of work to include the study of Rock Mountain Road from La Media to SR 125, the sewer alignment within Rock Mountain Road and La Media Road from Birch Road to Rock Mountain Road' and , Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: Section 1: Section 7 of Exhibit A to the Agreement is hereby amended to include the following road segments and sewer segment: Rock Mountain Road from approximately Main Street to SR 125 including six (6) alternative alignments for the Wolf Canyon Sewer La Media Road from Birch Road to Rock Mountain Road Section 2: Section a of Exhibit A to the Agreement is hereby amended to include the following road segments and sewer segment: Rock Mountain Road from approximately Main Street to SR 125 including six (6) alternative alignments for the Wolf Canyon Sewer, also part of the South Circulation Network La Media Road from Birch Road to Rock Mountain Road, also part of the South Circulation Network Section 3: The Schedule of Section a of Exhibit A to the Agreement is hereby amended such that the Delivery Dates for Milestones 1 through 4, inclusive, are extended to June 30, 2004. Section 4: Section a.c. of Exhibit A to the Agreement is hereby amended such that the Dates for Delivery of Deliverables are extended to June 30, 2004 for Deliverables 1 through 4, inclusive. Section 5: Section 11.B. of Exhibit A to the Agreement is hereby amended such that the fee for each Phase is as follows: 1_<10 Page 2 Phase Fee for Said Phase 1. 2. 3. 4. Deliverable 1 excluding Tasks1.5C Deliverable 2 Deliverable 3 Deliverable 4 $69,400 $51,300 $27,400 $ 8,060 Section 6: Section 18.C. of Exhibit A to the Agreement is hereby amended in its entirety to read as follows: A. City's Account Number: Transportation Development ImpaCt Fee Fund and Trunk Sewer Capital Reserve Fund (CIP STM 350) Section 7: All other provisions of the Agreement remain in full force and effect. I-ell Page 3 Signature Page to First Amendment Agreement between City of Chula Vista and HB Consulting Group for Engineering Services Related to Heritage Road, Main Street and Rock Mountain Road And Additional Infrastructure Needs within Eastern Chula Vista (CIP STM 350) IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,200 City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: HB Consul.J Group By: Har wes, President C:\Documents and SettingsldonnaslMy DocumentsIDonnasIHBConsultingagmt-SCNAlignmentamendment.doc (-42... Page 4 EXHIBIT 2 Parties and Recital Page(s) Agreement between City of Chula Vista and HB Consulting Group for Engineering Project Management Services This agreement ("Agreement"), dated forthe purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals Whereas, HB Consulting Group (HBCG) has submitted a proposal to provide project management services to assist the City in the preliminary design and preparation of an Environmental Impact Report for the Rock Mountain Road project; and, Whereas, HB Consulting Group (HBCG) has submitted a proposal to provide project management services for the resolution of the Poggi Creek erosion issue, recordation of the Poggi Channel conservation easements, and coordination of the permitting and construction of two pedestrian bridges crossing Olympic Parkway and Poggi Channel; and, Whereas, on May 6,2003, by Resolution 2003-176, an agreement was approved with the firm of McGill, Martin & Self, Inc., to assign the agreement to the firm of HB Consulting Group (HBCG) for various traffic roadway and interstate 1-805 freeway interchange improvements; and, Whereas, HB Consulting Group (HBCG) has submitted a proposal to continue to provide engineering project management services for the Eastern Chula Vista traffic capacity enhancements; and, Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 1 1-43 Whereas, staff recommends waiving the consultant selection process pursuant to Municipal Code 92.56.070 as impractical or impossible and entering into an agreement with HB Consulting Group; and, Whereas, waiving the consultant selection is appropriate because: 1. HB Consulting Group is currently working on alignment studies and alternatives for Rock Mountain Road as part of the South Circulation Network project. Harry Burrowes, principal with HB Consulting Group, was Project Manager for the original permitting and design approval of the Poggi Channel project. Harry Burrowes has a proven record on vital City projects including Olympic Parkway and the Traffic Capacity Enhancement projects. HB Consulting has extensive knowledge of the City, its standards, it's development community and has committed the resources necessary to meet the time frames and process projects of this nature. 2. 3. 4. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 2 1-'-/4 Obligatory Provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 3 1- c./~ E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 4 1- 4~ H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 5 1-4-7 City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 6 /-4<1 It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A. or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 7 1-4'1 Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited I nterest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 8 1-S7J 7. Hold Harmless 7.1 Indemnification and Hold Harmless Agreement. With respect to any liability, including but not limited to claims asserted or costs, losses, attorney fees, or payments for injury to any person or property caused or claimed to be caused by the acts or omissions of the Consultant, or Consultant's employees, agents, and officers, arising out of any services performed involving this project, except liability for Professional Services covered under Section 7.2, the Consultant agrees to defend, indemnify, protect, and hold harmless the City, its agents, officers, or employees from and against all liability. Also covered is liability arising from, connected with, caused by, or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant, its employees, agents or officers, or any third party. The Consultant's duty to indemnify, protect and hold harmless shall not include any claims or liabilities arising from the sole negligence or sole willful misconduct of the City, its agents, officers or employees. This section in no way alters, affects or modifies the Consultant's obligation and duties under Section Exhibit A to this Agreement. 7.2 Indemnification for Professional Services. As to the Consultant's professional obligation, work or services involving this Project, the Consultant agrees to indemnify, defend and hold harmless the City, its agents, officers and employees from and against any and all liability, claims, costs, and damages, including but not limited to, attorneys fees, losses or payments for injury to any person or property, caused directly or indirectly from the negligent acts, errors or omissions of the Consultant or Consultant's employees, agents or officers; provided, however, that the Consultant's duty to indemnify shall not include any claims or liability arising from the negligence or willful misconduct of the City, its agents, officers and employees. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 9 I-SI not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 10 (- S~ such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16. Statement of Costs I n the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 11 I-S3 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. 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 herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 12 / -~-t{. California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 13 I-S-S- Signature Page to Agreement between City of Chula Vista and HB Consulting Group (HBCG) for Engineering Project Management Services IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: June , 2004 City of Chula Vista by: Stephen C. Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: Exhibit List to Agreement: ( X ) Exhibit A. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 14 I-~~ Exhibit A to Agreement between City of Chula Vista and HB Consulting Group 1. Effective Date of Agreement: 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California ( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California ( ) Industrial Development Authority of the City of Chula Vista, a () Other: business form] , a [insert 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: HBCG -HB Consulting Group Harry Burrowes, Principal 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 15 I-S7 6. Place of Business, Telephone and Fax Number of Consultant: 988 Camino Del Sol Chula Vista, California 91910 Voice Phone (619) 302-7577 Fax Phone (619) 482-2057 7. General Duties: Consultant shall under the direction of the City Engineer provide Project Management services for Rock Mountain Road, Poggi Creek Channel, Growth Management Ordinance Update, Eastern Chula Vista Traffic Capacity Enhancements, and other Infrastructure Needs within the City and the Bayfront all to the satisfaction of the City Engineer and the City's Environmental Review Coordinator. 8. Scope of Work and Schedule: A. Detailed Scope of Work: 8.1. ROCK MOUNTAIN ROAD PROJECT As support to the EIR, project design, and project permitting effort, Consultant shall provide the following project management services for Rock Mountain Road from Heritage Road east to SR 125 including the Wolf Canyon Sewer (collectively referred to as the Rock Mountain Road Project): . Manage and/or prepare the preliminary design documentation necessary for use in preparation of the EIR. This will include various design alternatives, some of which may be analyzed in the EIR, if determined to be feasible. Design documentation may include preparation of plan and profile, grading envelopes, potential spoil and borrow areas, preliminary culvert and bridge design for creek and river crossings, and grading quantity calculations. . Prepare and/or coordinate the preparation of horizontal and vertical alignments, grading quantities, project footprint including area of disturbance, and costs estimates. . Under the direction of the City Engineer and the City's Environmental Review Coordinator, and in concert with the environmental project manager, to assist through project management to keep the EIR and the project design on schedule, Consultant shall assume the lead in identifying and resolving issues, and in coordinating meetings with the City of Chula Vista, the EIR consultant team and, various property owners. . Assist in the environmental permitting effort including meetings and coordination between City engineering and environmental staff, City's environmental consultants, City Attorney and outside counsel, various environmental groups, and environmental agencies per the direction of the City. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 16 I-Si" . Prepare and distribute project schedules, agendas, and minutes of meetings to the participants for approval. . Consultant shall ensure that timely coordination is conducted between this South Circulation Network (SCN) project and related ongoing projects including, but not limited to, the General Plan Update and related projects including land use proposals for Otay Land Company and the Steve and Mary Birch Foundation holdings, Traffic Capacity Enhancement program, Village 2 & 3 EIR, Wolf Canyon Sewer, and Chula Vista's MSCP. . Consultant shall notify affected participants, in writing (facsimile, e-mail, postal service), of informational meetings and prepare appropriate graphics and handout materials. . Contingency: At the option of the City, Consultant shall provide additional work on a Time and Materials basis related to the preliminary design and EIR processing including items such as: conceptual structural design and cost estimating for the bridge crossings at Wolf Canyon and Otay River as well as other work at the direction of the City Engineer. The environmental clearances for the Rock Mountain Road Project shall be processed through the Environmental Section of the City's Department of Building and Planning. Consultant shall be responsible for coordination with the City Environmental Review Coordinator in obtaining the necessary environmental clearances through the State and Federal Resource Agencies in a manner to facilitate the construction of the Rock Mountain Road Project in accordance with the project schedule. 8.2. POGGI CHANNEL/OLYMPIC PARKWAY The Consultant shall provide the project management services related to completion of Poggi channel construction. Such services shall include, but not be limited to, the following: 8.2.1. Upstream Erosion Issue within Villaqe 5 Reach Consultant shall provide preliminary design and permitting services to implement a corrective solution to the erosion problem within the Village 5 reach of the channel. Consultant shall assess the current status of the channel and will provide direction to the City regarding the appropriate corrective measures. It is anticipated that Otay Ranch Company's engineer (Hunsaker) will prepare the actual construction plans for the remedial channel work. Consultant shall review the plans to be prepared by Otay Ranch Company's engineer (Hunsaker). In addition, at the direction of the City's Environmental Review Coordinator, Consultant shall provide coordination and permitting services related to discussions with the various permitting agencies. Consultant shall provide project management services including: . Under the direction of the City Engineer and the City's Environmental Review Coordinator, Consultant shall assume the lead in identifying and resolving issues, 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 17 1- ~-fJ and in coordinating meetings with the City of Chula Vista (engineering, planning/environmental, and City attorney staff), members of the consulting team, Otay Ranch Company and its engineer (Hunsaker), . Coordination and management of services provided by sub-consultant to the Consultant, . Coordinate the review of the final remedial design by Otay Ranch Company's engineer (Hunsaker), . Prepare and distribute project schedules, meeting agendas, and minutes as applicable to the project participants, . Prepare and/or coordinate the preparation of various exhibits and deliverables for meetings with agency staff during the permitting effort. In order to provide site-specific treatment concepts to stabilize observed channel erosion, Consultant shall perform the following tasks: 8.2.1.a.: Site Visit at POGGi Canvon Consultant shall meet project team members on-site to observe stream conditions and changes that have occurred since the previous visit in January 2003, to identify sites for surveying, and to hear from project team members the key objectives and project issues. 8.2.1.b.: HvdroloGic/Geomorphic Data Collection Consultant shall review available information regarding channel design, as- built channel dimensions and hydraulic geometry, and more recent modifications to the built channel due to erosive events. As observed during the preliminary field visit, the channel width and slope have adjusted/responded to discharge events to arrive at their current form. Depending upon the available data, it is likely that additional channel x- sections will need to be surveyed to provide a stronger basis for developing channel treatments. A detailed longitudinal profile, that follows the current channel thalweg (low-point), should be surveyed to characterize the current erosion problem, and can be used to develop an understanding of a potential equilibrium slope. Consultant shall conduct this surveying if necessary as a separate scope item and if directed by the City Engineer. 8.2.1.c.: GeomorPhic Stream Analvsis Consultant shall use data collected in Task 2 as a basis for further geomorphic analysis including: a) Measurements of channel slopes between existing nickpoint (down cutting) locations; b) Mapping of thalweg pathway to indicate any channel plan-form adjustments; 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 18 1- e:,O c) Evaluation of post-erosion channel x-sectional areas in relation to design discharge and channel hydraulics. This analysis will be conducted in coordination with the Project Engineering staff (Hunsaker & Associates) who conducted the watershed hydrologic and channel hydraulic analyses; d) Evaluation of stream energy conditions. This measure will provide a basis for selection/sizing of various potential channel bed/bank stabilization approaches. 8.2.1.d.: Develop Treatment Concepts for Stream Reach Based on findings from Tasks 1, 2 and 3, Consultant shall consider various stream stability measures to emplace at the project site. Erosive conditions observed along the toe of the stream banks are to be considered not only as a local/current problem, but potentially a symptom of a larger/more complex condition related to overall channel slope and channel hydraulic geometry throughout the project reach. Consultant shall recommend treatments that provide long-term benefits. 8.2.1.e.: Team Coordination: Translatinq Treatment Concepts into Proiect Desiqns Based on the channel treatments developed in Task 4, Consultant shall coordinate with Otay Ranch Company's engineer (Hunsaker) to translate treatment concepts into design templates. Consultant shall provide schematic level detail regarding treatment features and their locations and shall review /coordinate with Otay Ranch Company's engineer to ensure modified project plans are consistent with the Consultant's developed concepts. 8.2.1.f.: Aqencv Coordination Consultant shall be available to coordinate with project team biologists, planners, and representatives from environmental agencies to provide support for on-going project monitoring and permitting requirements. 8.2.1.q.: Proiect Reportinq/Meetinqs For the day-to-day management of the project, Consultant shall provide to the City summary communications as needed to ensure project coordination and progress. Additionally, Consultant shall provide the City with a summary technical memo providing: the key findings of the geomorphic analysis; and schematic descriptions of stream treatments and their locations. At the direction of the City engineer and the City's Environmental Review Coordinator, the memorandum shall be used as a basis for any subsequent modification to 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 19 (-~, the channel design. Consultant shall meet with City staff, design engineer or others, as directed by the City Engineer and the City's Environmental Review Coordinator in the San Diego region for an initial site visit and also for a meeting to present/review proposed project treatments. If necessary as determined by the City, Consultant shall also participate in a meeting with representatives from Agencies to describe the geomorphic analysis and development of project treatments. 8.2.1.h.: Proiect Permittinq At the direction of the City's Environmental Review Coordinator, the Consultant shall assist the City in obtaining Resource Agency Permits, if required, to implement the channel treatments. Estimated Project Schedule Task 8.2.1.a: Task 8.2.1.b Task 8.2.1.c Task 8.2.1.d Task 8.2.1.e Task 8.2.1.f Task 8.2.1.g Task 8.2.1.h Late June 2004 July 2004 (assuming survey data received July 1st 2004) August 2004 August 2004 October 2004 as needed/scheduled Draft report/tech memo to be submitted by October 31,2004 as needed/scheduled 8.2.2. Poqqi Channel Conservation Easements The Consultant shall provide project management services related to the coordination of the preparation and recordation of the Conservation easements describing the mitigation area consistent with the Poggi Creek "404 permit". Such services shall include, but not be limited to, the following: · Under the direction of the City's Environmental Review Coordinator, the Consultant shall coordinate with the conservation easement engineer, the Resource Agency and others regarding the elimination of areas from the conservation easement for any structural channel treatments needed to stabilize Poggi channel upstream of East Palomar. · The Consultant shall verify channel area calculations to ensure the area within conservation easements meets the obligation of the "404 Permit". · The Consultant shall coordinate the preparation and review the plats and legal descriptions associated with the conservation easements and coordinate its review with City staff. Review shall include, but not be limited to, comparison to as-built plans and pedestrian bridge plans. . The Consultant shall coordinate the preparation, execution and recordation of 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 20 I-'-;l.. the grant deeds for the conservation easements. . The Consultant shall coordinate the process for ensuring that the portion of conservation easement, currently under Caltrans ownership, is also reviewed and recorded. 8.2.3 Olvmpic Parkway Pedestrian Bridqes Consultant shall assist the City in obtaining the necessary approvals to construct the pedestrian bridges. It is anticipated that the bridge falsework will span the entire Poggi channel jurisdictional area to avoid the requirement for a scaffolding permit package (Corps NW 33 permit, RWQCB 401 Certification, and CDF&G 1601 permit). The Consultant shall provide project management services to include, but not be limited to, the following: . Coordination with City staff and pedestrian bridge designers regarding bridge construction details and methods, . Conduct wetland delineation to determine jurisdictional area, . Review bridge plans to ensure requirements of avoidance of conservation area pursuant to the Resource Agency requirements, . Coordinate revisions to conservation easement documents to allow for exclusion of pedestrian bridge area 8.2.4 Olvmpic Parkwav/Poqqi Channel Construction Project Completion Under the direction of the City Engineer and the City's Environmental Review Coordinator, the Consultant shall provide project management services related to project closing. Consultant's services shall include, but not be limited to, assisting City staff to resolve and complete any outstanding obligations (with the exception of the Maintenance and Monitoring requirements) of the Poggi Channel "404 Permit", "401 Permit" and "1601 Permit" related to Olympic Parkway and Poggi Channel from Brandywine to SR 125 (approximately). 8.3 EASTERN CHULA VISTA TRAFFIC CAPACITY ENHANCEMENTS The proposed projects include, but not limited to, the following traffic and roadway improvements: . 1-805/East 'H' Street Ramp Improvements east of 1-805 . Mt Miguel Road (SR 125 to Proctor Valley Road) . 1-805/Telegraph Canyon Road Improvements east of 1-805 . Paseo Ranchero Extension (Olympic Parkway to Main Street) . Such other capacity enhancement improvements which may require Project Management services as determined by the City Manager The scope of work for this Section 8.4 will be for the provision of project management services required for the preliminary design and environmental document approval (and ultimately the construction) of the traffic enhancement projects in eastern Chula Vista described herein. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 21 1-"3 Proiects The eastern Chula Vista traffic capacity enhancement projects involve the accelerated project approval for the construction of the following facilities: 1. Add a westbound to northbound riqht-turn lane on Teleqraph Canvon Road at the 1_ 8051nterchanqe (CY-102): An additional westbound lane between Halecrest Drive to the Interstate 805 and on the northbound on-ramp on Telegraph Canyon Road. This project involves significant interface and coordination with Caltrans regarding the ramp widening improvements required for the future ramp metering projects and possibly the execution of reimbursement agreements between the City of Chula Vista and Caltrans for design and construction costs ($44,000.00). 2. 1-805/East H Street Interchanqe ramp wideninq improvement (STM-356): An additional lane would be constructed at the East H Street westbound-to-northbound on-ramp to match the recent widening project along the north side of East H Street just east of Interstate-805. This project will also involve significant interface and coordination with Caltrans regarding the ramp widening improvements required for the future ramp metering projects and possibly the execution of reimbursement agreements between the City of Chula Vista and Caltrans for design and construction costs ($42,000.00). 3. State Route 125 proiect (SR-125 DIF): Construction of the facility is not anticipated to be completed until late Year 2006. The consultant will coordinate efforts between the City and Caltrans, Otay River Constructors and the Washington Group so that issues related to project delivery and impacts to the City are minimized during the construction phase ($118,000.00). 4. Mount Miquel Road Westerlv Extension (CY-105): Construction of Mount Miguel Road from SR 125 to the westerly terminus at Proctor Valley Road. This portion of Mount Miguel Road west of SR 125 is part of Phase III for the San Miguel ranch planned community. The consultant will assist City staff in expediting the construction of this roadway by coordinating with the State Route 125 construction schedule and assist in the timely implementation of the roadway facility ($5,000.00). 5. 1-805/East Oranqe Avenue/Olvmpic Parkwav Interchanqe (STM-328): Coordination with City staff, Caltrans staff, City consultants, Smith, Kempton & Watts, and Developers regarding construction scheduling timing and coordination with other City and Caltrans projects planned along the 1-805 corridor that may impact traffic within the City of Chula Vista ($7,600.00). 6. 1-805 Corridor Improvements East H Street to SR 54: Coordination with City Staff, Caltrans, SANDAG, members of the development community, and other interested citizen groups regarding expediting congestion relieving improvements on 1-805 between East H Street and SR 54 ($25,000). 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 22 / -b '-I Consultant shall provide the following scope of work for managing the preliminary engineering and environmental processing for the projects described above: · Coordination and attendance of meetings between the 'Policy' team members, technical team Project Manager and members, environmental team Project Manager and members, engineering and environmental consultants and other City staff as applicable. . Coordination and attendance of meetings with landowners, developers and their engineering consultants. . Coordination and meetings with the City's traffic engineering consultant (LLG) and meetings with LLG and City engineering staff. · Review of applicable project documentation, plans, TOIF program, Interim SR 125 TOIF documents and studies, correspondence between the City and Caltrans, CTV, the resource agencies, FHWA, and all CEQA related documents as needed. · Conduct regular "team" strategy meetings to keep all parties abreast of the project status, identify important issues to be addressed, and discuss/implement proposed solutions to these issues, · Coordination and interface with City Attorney's office regarding certain agreements, negotiations, environmental documents and ROW issues, · Coordinate and facilitate meetings and telephone conferences with City staff members, CTV, Caltrans, various Federal and state resource agencies, local agencies, and consultants as required to obtain the necessary project approvals, . Oocument key events and actions and prepare action lists (with tasks and date responsibility) for various entities to expedite the processing as necessary, · Prepare project "flow charts" and schedules as necessary to keep the project on track and make sure key issues, potential pitfalls, and critical path items are identified and addressed, · Coordinate and prepare written responses to agency letters and correspondence including the assembling and preparation of technical and graphical exhibits, · Act as a liaison between City staff, landowners/developers, Caltrans, other agency staff and politicians as necessary, . Preparation of reports and/or various presentations to the City Council and other entities as needed regarding project status and issues, · Coordination with City attorney's office regarding agreements, Public Works/Engineering, and Caltrans and SANDAG as necessary regarding reimbursement agreements to advance funds for the design and construction of certain facilities, · Assist the City and City's consultants in the gathering and preparation of certain data and other information as needed in the updating and revising of the Transportation OIF and Interim SR 125 DIF, · Negotiate and/or assist in the negotiation of permit conditions with the various 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 23 I-'~ federal and state resource agencies and elected officials, and . Provide other professional consulting services as requested by the City B. Date for Commencement of Consultant Services: ( ) Same as Effective Date of Agreement (X) Other: Upon written notice to proceed by City Engineer or designee for each Task. C. Dates or Time Limits for Delivery of Deliverables: Deliverable NO.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: December 2006, or completion of all tasks to the satisfaction of the City. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: 1. Traffic Counts 2. Traffic Reports for Eastern Territories Developments, as Needed 3. Topographic Plats for Area in Vicinity of the Projects 4. Copies of Improvement and Grading Plans as Needed 11. Compensation: A. () Single Fixed Fee Arrangement. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 24 1'- '"" For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. 3. 2. 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 25 1-'7 $ $ $ () 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. C. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for Task 8.1 - $254,300 Task 8.2 - $121,000 Task 8.3 - $ 44,000 (CY 102) $ 42,000 (STM 356) $118,000 (SR125) 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 26 1- ,~ $ 5,000 (CY105) $ 7,600 (STM 328) $ 25,000 (STM NEW) including all Materials, and other "reimbursables" ("Maximum Compensation"). Task 8.1 includes a contingency of $25,000 for additional work. Said additional work shall not be performed until authorized by the City Engineer in writing. (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Rate Schedule Category of Employee Name Hourly Rate HBCG Principal Proiect Manaqer Harry Burrowes $165/hr Technical Assistant/Clerical $ 60/hr () Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ (X) Copies, not to exceed $ Actual Costs 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 27 l-fc9 (X) Mileage, not to exceed $ (X) Printing, not to exceed $ (X) Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actualldentifjable Direct Costs: not to exceed $ Actual Costs Actual Costs Actual Costs 13. Contract Administrators: City: Frank Rivera, P.E., T.E. Consultant: Harry Burrowes, P.E. HB Consulting Group 988 Camino Del Sol Chula Vista, California 91910 14. Liquidated Damages Rate: N/A ( ) $ per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: ( ) Not Applicable. Not an FPPC Filer. (X) FPPC Filer (X) Category No.1. Investments and sources of income. (X) Category NO.2. Interests in real property. (X) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. (X) Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (X) Category NO.5. Investments in business entities and sources of income of the type which, within the past two years, have 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 28 I~ 70 contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. (X) Category NO.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. (X) Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Merkel and Associates, Inc. Phillip Williams & Associates, Inc. Hunsaker & Associates, Inc. 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing ( ) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Numbers: Task 8.1 - $254,300 (TDIF $232,000/$22,300 SW-225) Task 8.2 - $121,000 (Developer funds) 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 29 1- 71 Task 8.3 - $ 44,000 CY 102 (Developer funds) 00891/2751/05091735/81 0000 $ 42,000 STM 356 (Interim SR 125 DIF) 59200/7999/2401346592/400000 $118,000 SR125 (Interim SR 125 DIF) 59200/7999/2401346592/400000 $ 5,000 CY1 05 (Developer funds) 00891/2751/05091833/810000 $ 7,600 STM 328 (TDIF) 59110/7999/2409328591/400000 $ 25,000 STM NEW (Interim SR 125 DIF) 59200/7999/2401346592/400000 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Cred it, $ ( ) Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: (X) Retention Amount: $ N/A Retention Release Event: ( ) Completion of All Consultant Services ( X ) Other: N/A H:lAttorney\2ptyHB Consulting agreement.doc 2pty14 Standard Form Two Party Agreement (Fourteenth Revision) Page 30 1- 7~ COUNCIL RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITH THE FIRM OF HB CONSULTING GROUP FOR ALIGNMENT STUDIES FOR THE SOUTH CIRCULATION NETWORK, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFORE. WHEREAS, the City ofChula Vista, by resolution 2003-223 on May 27,2003, approved an agreement with HB Consulting Group (HBCG) to provide project management services for the South Circulation Network alignment studies related to Main Street, Rock Mountain Road (from Main Street to the extension of La Media Road), and Heritage Road (from Olympic Parkway to Main Street); and, WHEREAS, the work contemplated in this agreement work is needed in conjunction with the General Plan Update, the Capacity Enhancement.. Projects, and the Wolf Canyon Sewer Project; and, WHEREAS, the City recommends expanding the scope of work to include additional roadway segments alternative alignments and Wolf Canyon Sewer alternatives; and, WHEREAS, the City recommends waiving the consultant selection process pursuant to Municipal Code 92.56.070 as impractical or impossible and entering into an agreement with HB Consulting Group; and, NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an amendment to the Agreement with HB Consulting Group (HBCG) to provide project management services for the South Circulation Network alignment studies related to Main Street, Rock Mountain Road (from Main Street to the extension of La Media Road), and Heritage Road (from Olympic Parkway to Main Street), a copy of which shall be kept on file in the Office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $15,000 from the TDIF to CIP STM 350 and transfers $34,000 from CIP SW 225's unencumbered funds to CIP STM 350 for the work associated with the Wolf Canyon Sewer. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by JACK GRIFFIN, Director of General Services ~~CJ/IrA~ City Attorney J:\Engineer\AGENDA\6~15~04~Reso HBCG SCN Amendment.docl 1-73 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AND APPROVING AN AGREEMENT WITH THE FIRM OF HB CONSULTING GROUP FOR ENGINEERING SERVICES RELATED TO ROCK MOUNTAIN ROAD, THE POGGI CREEK CHANNEL, AND THE EASTERN CHULA VISTA TRAFFIC CAPACITY ENHANCEMENT PROGRAM, AND APPROPRIATING AND TRANSFERRING FUNDS THEREFORE. WHEREAS, staff recommends retaining the firm of HB Consulting Group (HBCG) to perform engineering and project management services for: the preliminary design and preparation of an Environmental Impact Report for the Rock Mountain Road Project; resolution of the Poggi Creek Channel erosion issue and recordation of conservation easements; and the Eastern Chula Vista Traffic Capacity Enhancement Projects; and, WHEREAS, staff recommends waiving the consultant selection process pursuant to Municipal Code 92.56.070 as impractical or impossible and entering into an agreement with HB Consulting Group; and, WHEREAS, waiving the consultant selection is appropriate because: I. HB Consulting Group is currently working on alignment studies and alternatives for Rock Mountain Road as part of the South Circulation Network project. 2. Harry Burrowes, principal with HB Consulting Group, was Project Manager for the original permitting and design approval of the Poggi Channel project. 3. Harry Burrowes has a proven record on vital City projects including Olympic Parkway and the Traffic Capacity Enhancement projects. 4. HB Consulting has extensive knowledge of the City, its standards, it's development community and has committed the resources necessary to meet the time frames and process projects of this nature. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby waive the consultant selection process. BE IT FURTHER RESOLVED that the City Council does hereby approve an agreement with HB Consulting Group for engineering services related to Rock Mountain Road, the Poggi Creek Channel, and the Eastern Chula Vista traffic capacity enhancement program, a copy of which shall be kept on file in the office of the City Clerk. /- 7" BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $232,000 from the available TDIF balance and transfers $22,300 from CIP SW 225's unencumbered funds for the engineering services related to Rock Mountain Road. BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does hereby appropriate $185,000 from the Interim SR 125 DIF balance and $7,600 from the available TDIF balance for engineering services related to the Eastern Chula Vista Traffic Capacity Enhancement projects. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said Amendment on behalf of the City of Chula Vista. Presented by Approved as to form by Jack Griffin Director of General Services H:\Attomey\Resos & Ordinances\6~15_04_Reso HBCG Rock Mtn Contract-revised.doc /-7S- REDEVELOPMENT AGENCY AND CITY COUNCIL AGENDA STATEMENT Item ;A Meeting Date _6/15/04 ITEM TITLE: Joint Resolution of the City Council of the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista, waiving conflict of interest in connection with Rutan & Tucker, LLP's representation of the City of Chula Vista, the Redevelopment Agency and California Bank & Trust SUBMITTED BY: City Attorney's Office~ I' I..c, REVIEWED BY: CityManageb~ l)r (4/5thsVote: _ No~ fel Rutan & Tucker, LLP represents the City and Agency on a variety of legal issues. Rutan & Tucker, LLP have been asked by California Bank & Trust to represent it with respect to environmental and regulatory issues on the Auld Golf Course project in Chula Vista. Although, primary discussion will take place with the federal and state regulatory agencies, it is possible that their representation could involve discussion with the City of Chula Vista, for example concerning implementation measures related to Mitigation Monitoring Program that was adopted with the Mitigated Negative Declaration when the conditional use permit for the golf course was approved. Because of the Conflict of Interest associated with representing two clients in adverse positions (albeit unrelated matters) Rutan & Tucker, LLP needs a waiver of this conflict on interest to continue representing all parties. RECOMMENDATION: That council adopt the resolution approving an informed consent waiver agreement for Rutan & Tucker, LLP arising from Rutan & Tucker's representation of California Bank & Trust, the City and Agency. BOARDS/COMMISSION: Not applicable DISCUSSION: Backe:round On May 24, 2004, the City of Chula Vista City Attorney's office received a letter from Rutan & Tucker, LLP regarding disclosure of potential conflict of interest and request for waiver. Recently Rutan & Tucker, LLP completed legal representation of the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista with respect to the adoption of the redevelopment plan amendment to the Merged Chula Vista Redevelopment Project. Rutan & Tucker, LLP may continue to represent City/Agency with respect to other redevelopment plan amendments that may be processed in the near-term. Rutan & Tucker, LLP also represents the City/Agency on other matters including cable TV franchise issues. In light of Rutan & Tucker, ~-I Page 2, Item_ Meeting Date 6/15/04 LLP's recent and ongoing representation of the City/Agency, it is appropriate to obtain a conflict waiver from the City and Agency before proceeding with representing California Bank & Trust on the Auld Golf Course environmental and regulatory issues "adverse" to the City. Therefore, to continue as counsel for all parties (City, Agency, and California Bank & Trust) Rutan & Tucker must notify its affected clients of the situation, assure them that its loyalty and quality of work will not be influenced by factors other than the client's best interest, and obtain each client's informed written consent. That is the subject of this joint resolution. Thus far, the work performed by Rutan & Tucker on various legal matters has been more than satisfactory and has greatly assisted City and Agency operations. Furthermore, staff has reviewed the potential conflict of interest mentioned above and believes Rutan & Tucker's assertion that it would not impair its ability to provide the highest quality legal representation. Therefore, staff recommends that the City and Agency approve the informed consent agreement waiving any conflict of interest arising from Rutan & Tucker's representation of adverse clients in unrelated matters and continue to employ its services. If, over time, the conflict of interest being waived became too direct or untenable, the City and Agency would, reserve the right to withdraw the waiver and terminate Rutan & Tucker as counselor ask the firm to discontinue representing the California Bank & Trust. FISCAL IMPACT: There is no anticipated fiscal impact connected with approval of this Resolution. ATTACHMENTS: Rutan & Tucker Informed Consent and Waiver Agreement O)-~ AGENCY RESOLUTION NO. AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VIST A WAIVING CONFLICT OF INTEREST IN CONNECTION WITH RUTAN & TUCKER, LLP'S REPRESENT A TION OF THE CITY OF CHULA VISTA, THE REDEVELOPMENT AGENCY AND CALIFORNIA BANK & TRUST WHEREAS, on May 24, 2004, the City of Chula Vista City Attorney's office received a letter from Rutan & Tucker, LLP regarding disclosure of potential conflict of interest and request for waiver; and WHEREAS, Rutan & Tucker, LLP represents the City and Agency on a variety of legal issues; and WHEREAS, Rutan & Tucker, LLP have been asked by California Bank & Trust to represent it with respect to environmental and regulatory issues on the Auld Golf Course project in Chula Vista; and WHEREAS, because of the conflict of interest associated with representing two clients in adverse positions (albeit unrelated matters) Rutan & Tucker, LLP needs a waiver of this conflict on interest to continue representing all parties; and WHEREAS, to continue as counsel for all parties (City, Agency, and California Bank & Trust) Rutan & Tucker must notify its affected clients of the situation, assure them that its loyalty and quality of work will not be influenced by factors other than the client's best interest, and obtain each client's informed written consent; and WHEREAS, staff has reviewed the potential conflict of interest mentioned above and believes Rutan & Tucker's assertion that it would not impair its ability to provide the highest quality legal representation. Therefore, staff recommends that the City and Agency approve the informed consent agreement waiving any conflict of interest arising from Rutan & Tucker's representation of adverse clients in unrelated matters and continue to employ its services. NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment Agency of the City ofChula Vista waive the conflict of interest in connection with Rutan & Tucker, cJ,.-3 LLP's representation of the City ofChula Vista, the Redevelopment Agency and California Bank & Trust Presented by Approved as to form by Laurie Madigan Director of Community Development J:Attomey/Reso/Reso - Joint Rutan & Tucker d.. - cI COUNCIL AGENDA STATEMENT Item: Meeting Date: .3 6/15/04 ITEM TITLE: Resolution amending the Civic Center Master Plan. Resolution approving the first amendment to the Design Build Agreement with Highland Partnership, Inc. (HPI) for the provision of services required for the design and construction of renovations to the City's Civic Center Complex pursuant to the amended Master Plan, and approving the Guaranteed Maximum Price of $33,904,000 for DesignlBuild Services for the renovations of the Civic Center Complex, and authorizing the Mayor to execute said amendment to the agreement; SUBMITTED BY: Jack Griffin, Director of General Services \.\. VL... G~ . Ij'" City Manager fit' \)~ (4/5ths Vote: Yes _ No...xJ REVIEWED BY: The City Council previously approved CIP project GG-139 which involves the renovation of the Civic Center Complex. A Master Plan for the renovations was approved in July of 2001. On February 18, 2003 the City Council approved a Design Build Agreement ("Agreement") with HPI and appropriated sufficient funds to undertake the design of the proj ect. Since the execution of the Agreement, design activities on the project have proceeded. During this phase of activity, a number of substantive changes have been proposed with respect to the design of the complex that will result in higher costs than originally contemplated but add significant value to the overall project. RECOMMENDATION: That the City Council approve the resolutions amending the Civic Center Master Plan and approving the 151 Amendment to the Design Build Agreement with Highland Partnership, Inc. (HPI) for the provision of services required for the design and construction ofrenovations to the City's Civic Center Complex pursuant to the amended Master Plan, and approving the Guaranteed Maximum Price for the renovations of the Civic Center Complex, and authorizing the Mayor to execute said amendment to the Agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation Commission unanimously approved the revised Mitigated Negative Declaration with respect to the proposed changes to the Master Plan on November 17, 2003. BACKGROUND: In July of 2001, the Final Master Plan for the renovations to the Civic Center was presented to and approved by Council. These renovations include City Hall, the Public Services Building, the former Police Department and the demolition of the Legislative Building and the Community ...! - I Page 2, Item: Meeting Date: ~ 6/15/04 Development Building. The proposed modifications to the Master Plan modify the project to provide for the demolition and construction of a new City Hall and renovations to the Public Services Building and former Police Department. With the completion of the new Police Facility, the former Police Facility becomes available to the City for temporary offices while the other buildings in the Civic Center complex are renovated (City Hall and Public Services Building) or removed (Legislative Building and Community Development Building). The first component of the project will be the demolition and reconstruction of City Hall. Upon completion of City Hall, the Public Services Building will be renovated. Finally, the current Police Department building will be renovated. All of these improvements will enable the City to enhance the services it provides to the public, make the public's ability to undertake business with the City more efficient and provide the City's employees with efficient and productive workspaces. The related surface improvements will provide adequate on-site parking for all City employees and sufficient visitor parking. The approved Master Plan also included a fourth component which is the relocation of existing Fire Station No.1 to the site of the current Ken Lee Building. This component was not intended to be constructed with the remainder of the Civic Center complex and was not included in the original environmental document prepared for the Civic Center Master Plan. The City's General Fund or other appropriate non-development impact fee funds would fund the Fire Station No. 1 phase. Staff will return to Council at a future date when it appears that both funding and operational functionality require that the relocation of Fire Station No. 1 be considered for implementation. PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS As proposed, the Design/Build Agreement and First Amendment with Highland Partnership, Inc. will provide the City with fully functional buildings within the Civic Center complex. The building and site improvements are more fully described in the revised Master Plan and amended Design/Build agreement. The cost of the renovations of the Civic Center complex is based on the GMP for the entire complex and shall not exceed the amount set forth in the amended agreement. This price includes all soft and hard costs necessary to provide fully completed and functional facilities and includes, but is not limited to, the cost of labor, equipment and material, the designlbuild fixed fee (which includes fees and expenses of any type associated with the completion of the project, and will be discussed in detail later in this report and contingency fund). Any costs in excess of the GMP shall be the responsibility of HPI unless otherwise approved by the City. The original agreement provided that the GMP, to be submitted by HPI when the Design Development phase has been completed, would not exceed $28,081,000. During the course of the design activities and the significant changes in scope that are proposed, the proposed GMP is being recommended to increase to $33,904,000. The GMP does not include DIB reimbursables. The reasons for this increase are discussed below. This amount includes all design costs, all hard construction costs, Design/Builder fees and Design/Builder contingencies. It does not include Design/Builders reimbursables, direct City costs, City provided FF &E, City insurance or City contingencies. J-d-. Page 3, Item: ..3 Meeting Date: 6/15/04 The Project is being broken into three (3) Components reflecting the three (3) buildings that are being renovated. Comoonent A Demolition and Reconstruction of City Hall and Temporary Renovation of Former Police Facility including construction of new Council Chambers within City Hall Design of City Hall Renovations Design of Temporary Renovations to Current PD Development Staff Costs Design/Builders Fee (Design) Design/Builders Fee (Construction) Design Builders Reimbursables Construction Allowance Budgets General Conditions Demolition and Construction On-Site Improvements Construction Contingency $ 1,299,000 $ 65,000 $ 120,000 $ 240,000 $ 535,000 $ 185,000 $ 750,000 $ 1,011,000 $ 9,204,000 $ 2,119,000 $ 904.000 Total Design Builder Costs $16,432,000 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment $ 2,972,952 Project Insurance $ 1,622,520 Total Component A $21,027,472 Comoonent B Design and Construction of Renovation ofPublic Services Building (PSB) Design ofPSB Renovations Design of Temporary Renovations to Current PD Development Staff Costs Design/Builders Fee (Design) Design/Builders Fee (Construction) Design Builders Reimbursables Construction Allowance Budgets General Conditions Renovation ofPSB On-Site Improvements Construction Contingency $ 690,000 $ 10,000 $ 75,000 $ 151,000 $ 281,000 $ 118,000 $ 750,000 $ 626,000 $ 4,204,000 $ 999,000 $ 148.000 Total Design Builder Costs $ 8,052,000 ..1--3 Page 4, Item: Meeting Date: .3 6/15/04 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment) $ 1,963,285 Project Insurance $ 811,260 Total Component B $ 10,826,545 ComlJonent C Design and Construction of Renovation of Former Police Department Design of Police Department Renovations Design of Temporary Renovations to Current PD Development Staff Costs DesignlBuilders Fee (Design) Design/Builders Fee (Construction) Design Builders Reimbursables Construction Allowance Budgets General Conditions Renovation of Current Police Department On-Site Improvements Construction Contingency $ 785,000 $ 10,000 $ 83,000 $ 166,000 $ 338,000 $ 133,000 $ 200,000 $ 702,000 $ 5,909,000 $ 1,309,000 $ 221,000 Total Design Builder Costs $ 9,856,000 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment) $ 3,013,339 Project Insurance $ 946,4 70 Total Component C $13,815,809 Total Pro;ect Cost $45,669,826 Council will note that two contingency funds exist. A construction contingency, which HPI may, subject to City Staff approval, use to address change orders submitted by it's subcontractors, and an owner's (City) contingency. The owner's contingency is used by the City when requesting design changes not contemplated in the approved design. The contractor's contingency is estimated at approximately 5% of the project costs, the City's contingency is 2.5% of total project costs. The contractor's contingency is not spread evenly throughout the project but instead is more heavily loaded in Component A. The principal reason for this is that Component A requires the purchase of significant amounts of steel for the construction of the new City Hall and the price of steel has dramatically risen in recent months as a result of global J-t/ Page 5, Item: Meeting Date: "g 6/15/04 pressures in the steel market. The recent volatility in the steel market creates some uncertainty in terms of the costs of steel and "front-loading" the contractor's contingency can ameliorate some of that uncertainty. It is the desire of both the City and HPI to avoid using this contingency fund to the extent possible. At the substantial completion of each component, any unused contingency funds will be rolled into the next component or return those funds to the City and reduce the GMP accordingly. At the final completion of Component C, any unused contingency funds will be returned to the City. It should also be noted that the reuse of the current Police Department as a temporary home for City Staff as City Hall and the Public Services Building are renovated results in significant savings as compared to renting a comparable amount of office space on the commercial market. Component A includes a cost of $550,000 for interim improvements to the current Police Department. This matter was addressed in the Civic Center Master Plan and the projected savings at that time were estimated at $1.5 million. The below table summarizes the changes in the projected cost of the project from the time of approval of the Design Build Agreement to this point in time: Cit Hall Public Services Buildin Former Police Facilit SCOPE MODIFICATIONS As the design of the project got underway, the issue of the Council Chambers became a major focus of attention very quickly. The original master plan contemplated that the existing Council Chambers in the Public Services Building would be renovated with the rest of the building. As detailed design activities proceeded forward, it became clear that the assumption that the Council Chambers could be renovated in the same location and provide the kind of facility in terms of size, capacity, sight lines, audio/visual technology and accessibility that the City ought to have would be problematic. Recognizing this issue, the design team embarked on an exploration of alternate Council Chambers location. This exploration included both a review of the City's ability to house the Council Chambers within the complex in a different location and also a review of a number of other Council Chambers in the San Diego region. At the conclusion of this exploration, it was concluded that the best place for the Council Chambers would be within the City Hall building itself. This move provides significant operational efficiencies and the only opportunity within the complex to construct a Council Chambers that provides a fully functional facility that will meet both current and future needs. At about the same time, an in-depth structural analysis was being performed on the existing City Hall Building. The original master plan called for the demolition of all of City Hall except the ..J-S- Page 6, Item: Meeting Date: ~ 6/15/04 original front portion of the building. The construction methods utilized to construct the original building, unfortunately, did not dovetail structurally, efficiently, or from a cost perspective with how the remainder of City Hall would be reconstructed. The original master plan desired to maintain the traditional far;ade of City Hall. It was determined by the design team that the existing City Hall building should be completely demolished and reconstructed with the traditional front far;ade being rebuilt to exactly match the original building. The relocation of the Council Chambers, while having a substantial impact on City Hall, also had a "trickle down" impact on the other buildings. To accommodate the Council Chambers and construct the new City Hall within the build-able envelope of land (i.e. between Fire Station No. 1 and the Legislative Office Building) required the relocation of staff that always had been planned to be housed in City Hall to another building. Specifically, the Human Resources Department is now proposed to be permanently located in the former Police Department as opposed to in City Hall. Since both the Public Services Building and former Police Department are not being expanded but simply renovated almost exclusively within the current exterior walls, this created a space allocation situation. To effectively provide the needed office space, it was determined to renovate the basement of the former Police Department far more extensively than had been originally planned. In addition the expansion of the Management and Information Systems offices being expanded in the basement, additional conference rooms, a large training room and improved gym facilities are proposed to be constructed in the basement. As shown above, the costs of City Hall and former Police Department have accounted for virtually all of the project costs increase. The Public Services Building has not materially changed from a budgetary perspective, but it will be far more efficiently planned with the elimination of the Council Chambers. The specific changes to the original Master Plan are shown on Attachment No. 1 FEES With the reVlSlons in the scope of the project the fixed fee that HPI will receive for the management, oversight and payment of the architectural, engineering and other professional consultants utilized by HPI as well as the construction fixed fee that HPI will receive will be increased. In the original agreement, HPI was to be paid a total fixed fee of $6,721,000. With this fee, HPI covers its overhead, as well as the payment of all architects, engineers (structural, civil, mechanical), space planners, interior designers, landscape architects, lighting and audio/visual consultants, security consultants and other professionals as appropriate. This also includes HPI's overhead costs during the construction phase. In the amended agreement, HPI's fees will now be $3,694,000 for all pre-construction activities (an increase of $107,000) and $3,493,000 for construction services (an increase of $359,000) for a total of$7,187,000. The payment schedule for the fees, as well as the remainder of the project, is shown on Attachment 4. All payments will be made in accordance with a payment schedule that is solely based on the progress ofthe work. -3 -(. Page 7, Item: Meeting Date: 6/15/04 .3 The reasonableness of the proposed fee has been reviewed and recommended by the City's Project Manager, Mr. Kip Howard of Allegis Development Company upon his experience in the designlbuild field. In evaluating the proposed fees, Mr. Howard evaluated those designlbuild projects for which he has had project management oversight and compared them with HPI's proposed fee schedule. HPI's total fee for all phases, excluding reimbursable expenses and any consultant costs or general conditions, is approximately 6.4% of hard construction costs, including the contractor's contingency. Given the complexity of the project in that three separate and distinct existing buildings will be reconstructed or renovated, along with their related site improvements such as parking, landscaping, etc., this percentage is well within a reasonable expectation for such a fee. Please note that HPI's fee also reflect their assumption of risk inherent in the designlbuild process. PROJECT CONSTRUCTION, DEMOLITION AND COMPLETION DATES At this point in time, the pre-construction phase is nearly complete. HPI has submitted construction documents, which the City is in the process of reviewing, but other aspects of the design that they were required to provide (master plan confirmation, schematic design and design development plans) have been provided. In addition and in accordance with the original agreement, work has already commenced on the first phase of interim improvements in the former Police Department. Below is the anticipated construction schedule for all three components: CONSTRUCTION ADMINISTRATION . Component A (City Hall and interim improvements to current PD) o Start Date o Substantial Completion Date - April 13, 2004 (already underway) September 2, 2005 . Component B (Public Services Building) o Start Date o Substantial Completion Date - September 5, 2005 November 1,2006 . Component C (Former Police Department) o Start Date o Substantial Completion Date - November 2, 2006 November 5, 2007 The completion date for the entire project which includes demolition of Community Development Building and Legislative Office Building and final parking and landscaping items is January 21,2008. PROJECT FINANCING As noted on page 5 of this report, the total estimated project cost is $45,669,826. As of this date, $5,870,750 has been appropriated from the Public Facilities Development Impact Fee Fund (PFDIF). Ofthis amount, $1,845,198 was spent on the original Master Plan. The balance of ,3-? Page 8, Item: Meeting Date: .3 6/15/04 funds, not all of which have yet been expended, are being utilized for all ofthe design activities as well as the construction of the interim improvements in former Police Department. Council will be considering the financing of the project as a separate action immediately following and predicated upon approval of this resolution. ENVIRONMENTAL STATUS The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act. Based upon the results of this review, the Environmental Review Coordinator has determined that the proj ect could result in significant effects on the environment. However, revisions to the project made or agreed to by the applicant would avoid the effects or mitigate the effects to a point where no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a Mitigated Negative Declaration, IS-04-0 13. The original Mitigated Negative Declaration for the Civic Center is attached as Attachment No. 2. The amended Mitigated Negative Declaration discussed above is attached as Attachment No. 3. The design and construction of the Civic Center Renovations is in conformance with the approved environmental document as amended. FISCAL IMPACT: Approval of this item will establish the guaranteed maximum price of the project under the provisions of the Design/Build Agreement $33,904,000. The total project cost is $45,669,826. It is the intent of the City to fully finance the project through the issuance of bonds or certificates of participation. Based upon the formula established in the Public Facilities Development Fee Amendment (November 2002), the PFDIF will be responsible for 84% of the overall costs of the project and the General Fund will be responsible for the remaining 16%. The PFDIF share exceeds the amount that the fee was based on and it is staffs intention to present to the City Council an update of the PFDIF, not exclusively limited to the Civic Center component, upon the completion of City's General Plan update. It is also anticipated that the costs incurred to date by the PFDIF fund will be reimbursed by the proceeds of the financing. Attachments: Attachment No. I - Summary of Master Plan Modifications Attachment No.2 - Original Civic Center Mitigated Negative Declaration Attachment No.3 - Amended Civic Center Mitigated Negative Declaration Attachment No.4 - Amended Guaranteed Maximum Price Summary (Exhibit 9 in original D/B Agreement) Attachment No.5 - Amended Design Build Agreement Attachment No.6 - Amended D/B Agreement Exhibits (Exhibit 2, Civic Center Phasing Schedule, Exhibit 3, Design Consultants Fee Schedule and Exhibit 6, Schedule of Values) J:\Home\General Services\GS Administration\Council Agenda\Civic Center\Civic Center GMP Agenda Statement.doc ~-rg ATTACHMENT NO.1 Civic Center Master Plan Revisions 1. Demolition of the 18,3000 square foot City Hall Building, due to structural and other code considerations, and development of a new one-story 42,455 square foot City Hall Building, including new Council Chambers, in its place. The existing Council Chambers occupying the southern portion of the Public Services Building would be reconfigured and reconstructed to facilitate the conversion of the Council Chambers to office space. The replication of the main entry element of the City Hall Building is a proposed element of the new building in order to maintain the character of the building in accordance with the adopted Master Plan. Modifies Master Plan Drawing (Chapter 5), Page 6-4, Drawing Number A 2.00, City Hall Block Plan (un-numbered drawing), Drawing CO.02, Page 7-3, Phasing Drawing IC, Page 7-4, Phasing Drawing lIB 2. Existing short-term visitor parking along Memorial Drive, situated between the former Police Department and the Public Services Building was planned to be retained under the Master Plan. This area is now proposed to serve as the Arrival Court, marking the formal arrival to the Civic Center and establishing the formal view corridor into the campus. Although no parking is proposed within the Arrival Court, vehicular access from Fourth Avenue would be retained and a passenger drop-off/pick-up area would be provided. Modifies Master Plan Drawing (Chapter 5) 3. A City vehicle fueling facility is no longer proposed to be constructed on the new Fire Station No.1 site. Furthermore, no above-ground or below ground fuel storage tanks are proposed on the site of the new fire station or elsewhere within the Civic Center. Modifies Master Plan Drawing (Chapter 5) and Page 7-6 e9 -9 ATTACHMENT NO.2 Mitigated Negative Declaration Project Name: Project Location: Assessor Parcel No: Project Applicant: Case No.: Date: MAR - 1 2001 Chula Vista Civic Center Master Plan And-P-olicC"Beadquartersi ... .. -". , Relocation :;, 1-'" . -. ..--.-..----.. -. -. _._--_._----~ Northwest comer of Fourth Avenue and F Street (Civic Center Complex), Southwest comer of Fourth Avenue and F Street (Mercy Site) Southeast comer of Fourth Avenue and F Street (Commercial Site) Southeast corner of Fourth A venue and Davidson Street (Friendship Park Site) Northwest comer of Woodlawn Avenue and F Street (Corporation Yard Site) 568-110-32,33 (Civic Center Complex) 568-181-37-40,43,44 (Mercy Site) 568-270-03,11,10 (Commercial Site) 568-153-01 (Friendship Park Site) 567-031-27 (Corporation Yard Site) City of Chula Vista IS-OI-017 December 8, 2000 A. PROJECT SETTING The existing Civic Center Complex is bordered by Fourth Avenue to the east, Davidson Street to the north, and F Street to the south. The Civic Center is already developed and includes Administrative Building, the Public Service Building and the existing Police Headquarters along - with parking and landscaping. A part of the proposed Civic Center Master Plan Update is the construction of a new police headquarters facility. Four locations are being considered for the police headquarters. The setting associated with each of the four alternative sites is discussed below. Mercy. The Mercy site is a 5-acre parcel located at the southwest comer of Fourth A venue and F Street. The site is fully developed and includes office buildings, an SDG&E substation, surface parking and landscaped areas. The existing administrative offices within the Civic Center are located across F Street to the north. Commercial uses associated with the Commercial site alternative are located on the other side of Fourth A venue to the east Multi-family residences are adjacent to the western boundary of the Mercy site. Single-family homes are adjacent to the south. The City of Chula Vista recently purchased the former Mercy office building and adjacent parking which together ...3-/0 represents approximately 1.6 acres of the total 5-acre lot. City staff are currently located in this building. Commercial. The Commercial site is located at the southeast comer of Fourth Avenue and F Street. The site is improved with an office building, a commercial strip center, surface parking and landscaped areas. Surrounding uses include the City of Chula Vista Library to the north, a commercial office building and parking garage -to the east, condominiums to the south and a bank building to the west. The City of Chula Vista owns the El Dorado Office building which is located on the west end of the site and which represents 0.78 acres of the total 3.28 acre site. Friendship Park. The Friendship Park site encompasses 4.0 acres and is located at the southeast comer of Fourth Avenue and Davidson Street. The site is covered by landscaping and walkways and is used as a passive park for picnicking, reading and informal games. There are no buildings on the site. Surrounding uses include single- family residences to the north and east, the City of Chula Vista Civic Center to the west, and library to the south. Corporation Yard. 1b.is 6.0-acre site is located at the northwest comer of F Street and Woodlawn Avenue. The site is currently used by the City of Chula Vista for public works equipment storage and servicing. Uses include administrative offices, garages, vehicle repair facilities, storage areas and aboveground fuels tanks. Surrounding uses include light industrial and multi-family residential to the south, multi-family to the east, hotel and trolley station to the north, and railroad and 1-5 to the west. B. PROJECT DESCRIPTION The proposed project consists of the revision and adoption of the City of Chula Vista Civic Center Master Plan and includes remodeling and expansion of the existing Civic Center complex and the construction of a new City of Chula Vista Police Headquarters. The combined improvements will total approximately 150,000 square feet of new building area and include approximately 430 parking spaces. Another 450 parking spaces may be provided in a future parking facility to be built within or in the vicinity of the Civic Center Complex; however, this would be part of a future phase and is not considered as a part of this evaluation. The remodeling and expansion of the Civic Center Complex is proposed to accomplish three primary goals: (1) consolidate City departments currently located in off site office buildings into the Civic Center Complex, (2) expand and enhance the existing Administrative Building, and (3) convert the existing Police Headquarters to public service offices to allow for departmental consolidation and future groWth. As illustrated on Figure 1, the existing Administrative Building will be remodeled and expanded with another 15,000 square feet of space to a total of 33,000 square feet. Major uses which Would occur within the Administrative Building will include offices for the City Council members, City Clerk, City Attorney, City Manager, Finance, and Human Resources. The existing Public Service Building would be remodeled but the overall building area would remain 2.,3-(/ at 29,000 square feet. The existing Police Headquarters building would be remodeled to accommodate various Public Service Departments and to provide room for expansion as the demand for City staff increases in the future. The total atea of the Police Headquarters building would remain at 50,000 squate feet. In addition to the expansion and remodeling of buildings, additional parking and landscape would be included in the Civic Center Complex. As part of the proposed City of ChuIa Vista Civic Center Master Plan, the current Police Headquarters would be moved from the Civic Center Complex to another location. The new Police Headquarters would consist of a facility of approximately 135,000 sqUate feet. The building would be two to three stories above grade and include a basement. The maximum height of the building would be 50 feet. There would be approximately 430 patking spaces provided in a combination of surface area and patking structure. The facility would accommodate a maximum of approximately 536 employees. It is anticipated that the patrols from the facility would operate with two to four shifts per day, 24 hours a day. Vehicular traffic would consist of police personnel, unsworn personnel and visitors. The activities at this site would not include repair of the police vehicles and no fuel would be stored on site. The relocation site for the Police HeadqUatters has not been determined as yet. There ate four sites which are currently being considered for the new Police Headquarters. Three of the sites are in the immediate vicinity of the Civic Center Complex; these sites are referred to as the Friendship Park site, Mercy site and Commercial site. It should be noted, however, that, on December 5, 2000, the City Council directed staff to pursue rezoning the Friendship Patk site to park land. A fourth site, referred to as the Corporation Yard site, is located approximately one- half mile west of the Civic Center Complex. While the size and uses associated with the relocated Police Headquarters would remain essentially the same at all of the four alternative sites, the configuration of the buildings and patking areas would be dependent upon the location. Site plans for each of the four alternative sites for the Police HeadqUatters are illustrated in Figures 2A through 2D; their location is identified in Figure 3. C. ENVIRONMENTAL EFFECfS An Initial Study conducted by the City of Chula Vista (including the attached Environmental Checklist) determined that the proposed project in combination with other pending development in the area could have significant cumulative impacts on local traffic ~ While lighting associated with the proposed Police 'HeadqUatters would not represent a significant health and safety hazard, they could result in a significant land use compatibility impact by interfering with sleep in nearby residential uses. Noise from heating and ventilation equipment associated with the Police HeadqUatters could cause noise levels on adjacent residential property to exceed desired levels. Operational noise (e.g. police sirens and prisoner loading/unloading) could interrupt sleep in nearby residents. Construction of the Police HeadqUatters at the Friendship Park site would have a significant impact on recreation opportunities by eliminating an existing park. Excavation at the Civic Center Complex and any of the four alternative sites for the Police HeadqUatters would impact geologic formations with a moderate to high potential to yield significant fossils. All other potential environmental affects would not be significant. 3 J - (L Traffic Impact: The increase in traffic associated with the remodeling and expansion of the Civic Center Complex and construction of a new Police HeadqUatters would increase the local traffic - volumes by an estimated 406 automobile trips In the AM peak hour tratllc volumes and 530 trIps i~ the PM peak hour. ~---,--_._-_."- ~le the additional proiect traffic 'tYou1d not silplifigmlJy. .irop~<:t tbe level of se~ce at any ~ the intersections in the vicinity of th~ Drop.Q.~<<.4..RmiS~'!'Jo,~r;.c;Lql!ff!9~~provements would be . l1"""SSary ShOUld eltlIerthe l-~~dship~ ?!_C~!!I.!joILX!!r~..~i.~~..!!,~, s~\e~@TcK!!1~"poll~e_ H"adqlll1!1'~!S. Selection of the Corporation Yaraslte would require additional right of way and a new traffic signal to accommodate future traffic. Selection of the Friendship Park site would require widening of Davidson Street to allow two-way traffic between Fourth Avenue and the entrance driveway. Mitigation: Traffic impacts associated with the proposed project would be reduced to below a level of significance by the application of the following mitigation measures. Mitigation Measure 1: Should the Friendship Park site be selected for the Police HeadqUatters, the following roadway improvements shall be incorporated into the plans: · Improve Davidson Street between Fourth Avenue and the entrance to the new facility to provide for two-way traffic; and . Install barriers at the entrance to the facility on Davidson Street to discourage Police Headquarters traffic from entering the neighborhood to the north. Mitigation Measure 2: Should the Corporation Yard site be selected for the Police HeadqUatters, the following roadway improvements shall be incorporated in the plans: · Provide, as necessary, additional right of way along project frontage on Woodlawn Avenue to accommodate Class I Collector; · Install traffic signal at F Street and Woodland Avenue; and · Obtain an additional five feet of right of way along the north side of F Street adjacent to the site. Noise Impact: Exterior heating and ventilation equipment associated with the relocated Police HeadqUatters or Civic Center Complex remodeling and expansion could generate noise levels which would cause the noise levels in adjacent residential areas to exceed the standards established in City's Noise Ordinance. Mitigation: Implementation of the following mitigation measures would reduce potential heating and ventilation equipment noise to below a level of significance: 4 ~ -13 Mitigation Measure 3: Prior to issuance of a building permit for the Police HeadqUatters or Civic Center Complex, a noise study shall be completed by a qualified acoustician to demonstrate that the heating and ventilation equipment has been sufficiently screened to insure that noise levels at the adjacent residential property lines do not exceed standards set forth in Table III of the City's Noise Ordinance. Land Use Compatibility Impact: Light and noise associated with the proposed Police Headquarters could significantly impact nearby residential uses; particularly during night and early morning hours. Spill light and glare from outdoor light fixtures including patking lot and security lighting could disrupt sleep within adjacent residential units. Similarly, noise from police sirens, heating and ventilation equipment, and prisoner delivery/pick up could disrupt sleep as well as other residential activities such as television-watching and reading. Construction noise could also impact nearby residents should the hours of operation extend into the late night or early morning hours. Mitigation: Land use compatibility impacts would be reduced to below a level of significance through implementation of the following measures: Mitigation Measure 4: The operations of the Police Headquarters shall be conditioned to require the following: · Police responding to emergency calls from the Police HeadqUatters shall not operate sirens until they reach a major thoroughfate (e.g. Fourth Avenue or F Street); . Prisoners shall be loaded or unloaded in the underground parking garage; · Servicing of vehicles including testing sirens shall be prohibited; and · Outdoor public address systems shall be prohibited. Mitigation Measure 5: Prior to issuance of a building permit for the Police HeadqUatters, the City shall develop a "Good Neighbor Policy". This Policy shall include operational guidelines and associated educational program for police personnel intended to minimize potential conflicts with surrounding neighborhoods (e.g. screeching tire noise and radio noise from unattended police vehicles). In preparing this Policy, the City ,shall seek input from the surrounding neighborhood. Mitigation Measure 6: Construction shall be limited to the hours between 7 a.m. and 7 p.m. on weekdays, and 8 a.m. and 5 p.m. on Saturdays. No construction shall occur on Sundays, Mitigation Measure 7: All outdoor light fixtures would be equipped with shields to avoid substantial spill light and/or glare onto adjacent residential areas. 5 ..J.-If Paleontolo~ Impact: Excavation within the Civic Center Complex or any of the four Police Headquarters sites could encroach into geologic formations containing important fossils. Mitigation: Implementation of the following measure would reduce potential paleontological impacts to.below a level of significance: Mitigation Measure 8: A qualified paleontologist shall monitor major excavation activities to determine if any important fossils could be adversely impacted. If important fossils could be impacted, the paleontologists shall devise and implement an appropriate salvage program. Recreation Impact: Construction of the Police Headquarters on the Friendship Patk site would result in the loss of 3,5 acres of passive recreation area in the City's core. This would have a significant impact on recreation opportunities in the area. Mitigation: The loss of recreation would be reduced to below a level of significance through implementation of the following mitigation measure: . Mitigation Measure 9: Prior to issuance of a grading permit for a Police Headquarters on the Friendship Park site, the City shall identify a replacement site from Friendship Park within the same vicinity, and approve a plan which would create passive recreation opportunities within three years of the date the grading permit is issued. 6 J -IS- D. CONSULTATION 1. City of Chula Vista Marilyn Ponseggi, Planning Division Benjamin Guerrero, Community Development Ralph Leyva, Engineering Division Dan Hardman, Police Department Elizabeth Hull, City Attorney's Office Applicant's Agent Debra De Pratti, Highland Partnership Dave Nielson, MNA Consulting Traffic Consultant Dan Marum, BR W Geology Consultant Clifford Craft, LawGibb Group Gregory Rzonca, Lav.-Gibb Group, Noise Consultant Charles Terry, Douglas Eilar & Associates 2. Documents City of Chula Vista General Plan and EIR (I 999) Title 19, Chula Vista Municipal Code Engineering Geologic Reconnaissance for Southeast Comer of F Street and 4th Avenue (LawGibb Group, 2000) Engineering Geologic Reconnaissance for Southwest.Comer ofF Street and 4th Avenue (LawGibb Group, 2000) Engineering Geologic Reconnaissance for Corporation Yard (LawGibb Group, 2000) Engineering Geologic Reconnaissance for Southeast Comer of Davidson Street and 4th Avenue (LawGibb Group, 2000) Traffic Study/Alternative Site Analysis of Civic Center, Master Plan and Police HeadqUatters Relocation (BRW, December 8, 2000) Noise Impact Analysis of Retail Block Site (Douglas Eilat & Associates, November, 2000) Noise Impact Analysis of Mercy Site (Douglas Eilar & Associates, November, 2000) Noise Impact Analysis of Friendship Park Site (Douglas Eilar & Associates, November, 2000) 7 ..i-/~ Eo DETERMINATION On the basis of the Initial Study prepated in accordance with California Environmental Quality Act (CEQA) and associated Guidelines, and the City of Chula Vista's Environmental Review Procedures, tlte City of Chula Vista concludes that the proposed remodeling and expansion of the Civic Center Complex and relocation of the Police HeadqUatters would not have a significant impact on the environment provided the mitigation measures described in this Mitigated Negative Declaration area implemented. ~~~~- Community Development {2.8.00 Date 8 ..J -I ..., ":':/>':"j/..~~ -J...1~~L- ""-'i '/)';".. ,.--::,c.;.'/l;,I.;,," _..._~.!..Y'.:'"~ ..'-._'.-....~.-:._ ":.:--=-..:-::._~:-~=---2... 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I I 1 ~~~". . r )V I . ! t' <f?! c [) ~ \ ----!.':'--~..-<:. ~-------o~ --::.""'-=-=-' ----::::.:-==--::::-c"---. ~ EXISTING UBRARY cs rJ ~ D ,=.~ ~ --""-.-- F STREET ..........,....-- lIOO,,'J' ~ ~t:,:ua'~c'O' SITE SECTION SITE AREA. 4.0 ACRES ~nowCUDl'AJ;OM;,.IJ' II TOTAL BUILDING AREA . THIRD FLOOR AREA . SECOND FLOOR AREA . GROUND FlOOR AREA : BELOW GRADE FLOOR AREA . 145,000 G.S,F, 25,000 GSF, 30,000 GSF, 50,000 G.S.F 40,000 G,5,F, TOTAL PARKING SPACES' 500 SP. STRUCTURED PARKING. SURFACE PARKING: BELOW GRADE PARKING: OFF.SITE PARKING: o 50 VIS. ~ 100 SEe 1 SO SEe 200 SEe. lice Headquarters Site Plan: Friendship Park Site (1 , i' r' (' Figure 2A ..3- '? t/Ji ;,[01 ToScaie I? PIlOJF.l:TO"_<lr.NCm"";r..,lhT'; ~"-.'.-." ",,-',.. .".,.""..,.".-.. - -.~Y.:__I._ _,~::::-_-:.--::-----:-=_:_"==-.:-......::;...::::-:-, __ -Lr--~~_ ___L._..- - --- -- -- ___n_.. f.!lr'--lllJJI: -; ir---:::=- I '-Jh! ~ !~ \ ~ _p J_~IW:":""c~ l : Ii. EXISTIN~ I'. BUILDIN!-" iU I ) \. i ~] " /" / '-.." SITE PLAN (?IN SITE SECTION SITE AREA, 5,0 ACRES '" / \......., -) Ti i' , \~-- -- J. - i ,.__ --: )'r:i.U:i SECURED EXISTING BUILDING I II ~ OOlHrOf::now~~lAM1N(l ..n=ON >lIOO~ ,.)' - ':'\ " ~1~(l:(!' l.WJW~lrAI.aNG,.l:i' TOTAL BUILDING ARFA , THIRO FLOOR AREA , SECOND FLOOR AREA , GROUND FLOOR AREA , BELOW GRADE FLOOR AREA , 145,000 G,S.F, 25,000 G,S.F, 30,000 G,S,F, 50,000 G.S,F 40.000 G.S,F, TOTAL PARKING SPACES 5TRUcrURED PARKING, SURFACE PARKING, RELOW GRADE PARKING, OFF.SITE PARKING, lice Headquarters Site Plan: Mercy Site I ;1 ! ii , I '[ i I : I I \.. w " Z w > ,~ r f- '" ::> S' / _ __.1 ( '.-"'::-1 l: ,,", I-(P(, "I , '-.. I ".~'l 'I '(~ I , , I I , , 500SP, o SO VIS, + 240 SEe. 210 SEe. o Figure 2B @" ""oS~k ..3 - 20 I? f'lIOJfTTOF0U;.'I(:O.".\l;/,rM.'" ---<\ , I' ,I , ij '-"l I : I : I I , I I I I I I _J "" ~ (- I r i I I ! I SITE PlAN "I"N " II Ii I I L l I [XiSflNC IIHRAHY I !'.. f SlfH:lJ ! ! l ~~:s-- _l~-::!.'7' ,'::i.~~~l J ;- VISITOR SURFACE PARKING w OJ Z w > < r f- '" OJ o ~ ~ SECURED ":,:, J STRUCTURED PARKING" ~ ' >'>'~ ~ ! i , , : I I I I [I; : .J; ; I II, ! ~ ! : +~~ ~JI'n'-fT -~ I" 8 I IJ,' _tL~~ _, E: ~;--- EXISTING -,1 I __ BUILDINGS : ,_ ~ : I 1--, 1-1 _ [] ! :, - ~~----.r ~" Ii r~, !1"21'1 L'CflI2lL OlOOf'4j' ~ STlIUOUIU'O'AlWNC,lj' lURI'ACl"AIUCINC:ll' IftOWCMDl'J.IWN<;;:.lj. SITE SECTION SITE AREA: 3,6 ACRES TOTAL BUILOING AREA : 13S,000 G,S,F, 20,000 G,H, 25,000 G,S,F, 45.000 G,S,F 45,000 G,S,F, TOTAL PARKING SPACES : STRUCTURED PARKING: SURFACE PARKING: BELOW GRADE PARKING, OFF-SITE PARKING: THIRD FLOOR AREA : SECOND FLOOR AREA : GROUND FLOOR AREA : BELOW GRADE FLOOR AREA : 'ice Headquarters Site Plan: Commercial Site ~-.;J.( @" '01 T,';"" ~ 430 sp, 260 40 VIS, 130 SEG. o Figure 2C P ,!:,.OJf:~:r/~~~!(,;1I C'.!~;~!'U~:~"': '''-~---.. '-'-' ,-.."........."..-.., r--- SITE PLAN 0N ! -IT ~ ~ 17([--J--[' - - ..rl:~':l I~~ ~j. ~=c~_=i~_'_~~ V F- -- --..~. '.. ~ I . [ ,. ! I-L ___ 11 ' L_L~ :1 !~ ! I;;; Q I ~ ~ @ ~ ~ ~ => '" t; I ;;; I ~ , mucnr.m '~l';: ll" I Iln5AOrM/;Plt;,o- I , , , I , i I I: , ' , , ' I II, , ' , , i I II: , , I ii, , ' , , ' I II, , ' , , ' I II, , ' , , ' I II, , ' , , ' I II, , ' , , ' I II, , , I Ii i! : , , I , 1'1 , llL__ J..______________ SITE SECTION SITE AREA, 6,0 ACRES TOTAL BUILDING AREA , THIRD FLOOR AREA , SECOND fLOOR AREA , GROUND FLOOR AREA : BELOW GRAOE FLOOR AREA , SAllY PORT ~I :r " i I I -;'/ F STREET IIIfL I-h . -' I 1-: J.-.J ___ . r--1 " '---- 1 w => Z w '< Z ~ Q o o ~ \ ~-:---- 145,000 G,S.F, 25,000 G,S.F, 30,000 G.S.f, 50,000 G.S.F 40,000 G.5,F, TOTAL PARKING SPACES STRUCTURED PARKING, SURfACE PARKING, BELOW GRADE PARKING' Off-Sm PARKING, lice Headquarters Site Plan: Corporation Yard Site , 500SP, 140 SEe SO VIS, + 310 SEe o o Figure 2D f!3" .'01 roSel, ~ - .2d-.. p ~?JF-'2~~(;/I',!;~jl;~r'\,\T.5 '''''-'''-'--' .'.,....",.'.,"".. " " ~ ~ >- ~ ""'" c..:,<- ~ " -..l '~ ~ ~ 0! ,ll ~ ~ "" ~ cS~ !-oli " ~ , ~ .~ i:t';~ l' '.. " -;;; u (/J o E- O Z -Ei , ~ , , . l " , ~~ ;;~ ~:: ~ ". , , :::: .. ~Q ENVIRONMENTAL CHECKLIST Project Title: Chula Vista Civic Center Master Plan and Police Headquarters Relocation Case No.: IS-01-17 Lead Agency Name and Address: City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Contact Person and Phone Number: Benjamin Guerrero . City of Chula Vista (619) 476-531 I Date: December 8, 2000 I. EVALUATION OF ENVIRONMENTAL IMPACTS This section evaluates the potential environmental impacts of the proposed project using the environmental checklist incorporated from the CEQA Guidelines as amended in January I, 1999. A "No Impact" answer is given when the information sources show that the impact does not apply to the proposed project. A "Less than Significant Impact" is given when information sources indicate that impacts or changes in the environment would occur, but those impacts are below the threshold of significance. "PotentiaIly Significant Impact" is indicated if there is substantial evidence that an effect may be significant. "Potentially Significant Unless Mitigated Incorporated" applies where the incorporation oftnitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." a) Have a substantial adverse effect on a scenic vista? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact D D ~ D D D D ~ Issues and Supporting Information I. AESTIffiTICS - Would the project: b) Substantially damage scenic resources including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ..a. .2.. V Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Impact Incorporated Impact Impact c) Substantially degrade the existing visual D D D ~ character or quality of the site and its surroundings? d) Create a new source of substantial light or D D ~ D glare which would adversely affect day or nighttime views in the area? Explanation: The expansion and remodeling of the existing Civic Center will not have a significant impact on aesthetics since the site is not located in the viewshed of an identified scenic route, vista or view. Because the use already exits on-site, the addition of 15,000 sqUate feet to the existiog Civic Center will not significantly impact views of surrounding properties. None of the four alternative locations for the police headqUatters is located within the viewshed of a scenic route, vista or view. However, development of a new police headqUatters at any of the four alternative locations may result in a less than significant impact to light and glate due to a possible intensification of land uses beyond what currently exists. While three of the four alternative locations (Mercy, Commercial and Corporate Yard) are currently developed, the construction of the police headqUatters would alter existing land uses which might be perceived by surrounding uses as a new source of light and glare. However, the impact would be reduced to a less than significant level by incorporating shielding of exterior light and screening into the building design. In addition to the potential increase in light and glare, development of a Police Headquarters at the Friendship Park site would also change the visual character of the area by converting the site from landscaped open space to a developed condition. While the loss of the open space would adversely affect the visual character, the impact would not reach a level of significance due to the overall urbanized character of the surrounding area Issues and Supporting Information 2. AGRICULTURE RESOURCES - In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Model (1997) prepared by the California Dept. of Conservation as an optional model to !!Se in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D D D [2J 2 ~-.2.~ Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Impact Incorporated Impact Impact Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural D D D [g] use, or a Williamson Act contract? c) Involve other changes in the eXlstmg D D D [g] environment which, due to their location or nature, could result in conversion ofFannland, to non-agricultural use? Explanation: The project site and alternative locations for the Police Headquarters would not result in impacts to agricultural resources. The sites are fully developed and no agricultural activity currently takes place on-site. Issues and Supporting Information 3. AIR QUALI1Y - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Significant Impact D o D o D 3~-:L(,. Potentially Significant Unless Mitigation Incorporated D D D o D Less Than Significant Impact [g] [g] [g] D D No Impact o o D [g] ~ Explanation: The expansion and remodeling of the Civic Center and development at any of the alternative locations for the Police HeadqUatters would not result in impacts to air quality since the number of auto trips for both the Civic Center expansion and development of a new Police Headquarters at any of the locations would not substantially increase from the current number of auto trips at the existing Civic Center, Police Headquarters and other existing land uses. There would be no substantial stationary emissions, no creation of objectionable odors and no alteration which might result in climate change. Since there would be no significant increase in emissions considered to be harmful to air quality, there would no impacts to adjacent users. The parking structures would be adequately ventilated to avoid air quality impacts to people using the patking structure. Issues and Supporting Information 4. BIOLOGICAL RESOURCES - Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural commiInity identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, ,?oastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Potentially Significant Impact D D D D D 4 ...J -dJ. 7 Potentially Significant Unless Mitigation Incorporated D D D D D Less Than Significant Impact o D o o o No Impact C2:J cg] C2:J C2:J C2:J Issues and Supporting Information f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 0 ~ Explanation: The sites are devoid of native or sensitive natural vegetation. They are currently developed with a variety of urban land uses including office buildings, paved surfaces and landscaped areas. There are no endangered, sensitive species, habitats or wildlife migration corridors on the project site or at any of the alternative locations for the Police Headquarters. Therefore, the project would result in no impacts to biological resources. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Impact Incorporated Impact Impact 5. CULTURAL RESOURCES - Would the project: a) Cause a substantial adverse change in the 0 D D ~ significance of a historical resource as defined in 9 15064.5? b) Cause a substantial adverse change in the 0 D D ~ significance of an archaeological resource pursuant to 9 l5064.5? c) Directly or indirectly destroy a unique 0 [gJ D D paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those 0 D D cg] interred outside of formal cemeteries? Explanation: The project site and alternative locations for the Police Headquarters will not result in impacts to archaeological resources because there are no identified resources on-site and the sites are already developed. None of the buildings which could be demolished to accommodate the Police HeadqUatters are considered historic. The geologic formation underlying the Civic Center Complex as well as all four of the Police HeadqUatters alternative sites has a moderate to high potential for containing significant fossils. Thus, excavation could impact fossil-bearing material. A qualified paleontologist shall monitor the excavation process. If significant fossils are encountered, the monitor shall undertake a salvage plan, as necessary, to recover any significant fossils. 5 ~-;l..i Issues and Supporting Information 6. GEOLOGY AND SOILS - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist- Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42, ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable as a result of the project, and potentially result in on or offsite landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table l8-1-B of the Unifonn Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Potentially Significant Impact D D D o D o D D Potentially Significant Unless Mitigation Incorporated o o o o o o o o Less Than Significant Impact [gJ [gJ [gJ o [gJ [gJ [gJ o No Impact D D D ~ D o D ~ Explanation: There will be no changes in the existing topography or in any unique geologic or physical features as a result of the Civic Center expansion and remodeling or development at any of the possible Police HeadqUatters alternative locations. The project site and alternative locations are all currently improved with existing buildings, asphalt parking and landscaped areas. The project site and the four alternative locations for the Police Headquarters will require grading and will result in minimal disruptions, displacements compaction or uncovering of soils. 6 ..3 - .2.. ? The project site and the four alternative locations for the Police Headquarters are located in a region where active faulting and seismically-induced ground shaking is possible. However, these impacts ate considered less than significant due to the implementation of the requirements of the State of California and City of Chula Vista regarding earthquake-safe buildings. Engineering geologic reconnaissances were conducted for each of the four alternative locations for the Police HeadqUatters (LawGibb Group, 2000). While the geologic reC"onnaissances indicated no geologic or soils conditions which would pose a significant risk to development, appropriate mitigation measures will be incorporated to reduce potential impacts to a less than significant level. Both a comprehensive geotechnical investigation and a Phase I Environmental Site Assessment will be required as part of the City of Chula Vista standard requirements for approval of a grading permit for the site selected for the new Police Headquarters. Implementation of the requirements of both reports would reduce impacts to a less than significant level. Possible increases in the wind or water erosion of soils are less than significant due to the minimal amount of grading involved and through the implementation of best management practices (BMP) such as desiltation basins, sandbags and other erosion control methods which are required by the City of Chula Vista as part of the approval process for permits. Implementation of uniform building code (UBe) requirements will avoid the potential exposure of people or property to geologic hazards at the proposed project site and at all of the alternative locations for the Police HeadqUatters. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Impact Incorporated Impact Impact 7. HAZARDS AND HAZARDOUS MATERIALS- Would the project: a) Create a significant hazard to the public or the D D D ~ environment through the routine transport, use or disposal of hazardous materials? b) Create a significant hazard to the public or the 0 D 0 ~ environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous D D 0 ~ or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? d) Be located on a site which is included on a list 0 0 0 [gJ of hazardous materials sites compiled pursuant to Government Code 9 65962,5 and, as a result, 7 ~~..3.0 Issues and Supporting Information would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Potentially Significant Impact o o o o Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact ~ ~ o ~ Explanation: No impacts from hazards or hazardous materials would result from implementation of the expansion of the Civic Center or from development at any of the alternative locations for the Police Headquarters. The project site and alternative locations are not located in the vicinity of safety hazards and there will be no increase in the use and storage of hazardous materials beyond that which occurs currently. No hazardous emissions would result from the proposed development. o o While Fourth Avenue is identified as one of the Evacuation Routes .in the City's General Plan, the project will not result in impacts since there will not be a significant increase in the overall population in the vicinity. . o o D ~ o o The project site is not located within two miles of a public or private airport. As no wildland areas exist in the project area, no risk of wildland fires exists. 8 .3 -~ , Issues and Supporting Information 8. HYDROLOGY AND WATER QUALITY - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result m substantial erosion or siltation on or off site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration or the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a IOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? Potentially Significant Impact D D D D D o o o 9 ..3-~2 Potentially Significant Unless Mitigation Incorporated D D o o o o o D Less Than Significant Impact ~ D ~ ~ ~ ~ o o No Impact D C8J o o o o C8J LZJ Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact i) Expose people or structures to a significant risk 0 0 0 ~ of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? 0 0 0 [g] Explanation: Expansion of the Civic Center and development at any of the four alternative locations for the Police Headquarters would not result in significant impacts to hydrology or water quality. No use of groundwater would occur as the development would be connected to the City water supply. With the exception of the Friendship Park site, all of the project sites are already developed, no significant increase in impermeable surface area would occur. Consequently, no substantial increase in surface runoff would occur. Similarly, the proposed land uses would not be significantly different from existing uses which would mean that tlte quality of surface runoff would not diminish significantly. Implementation of current practices to control water runoff contained in the City's Grading and Storm Water Management and Discharge Control Ordinances would reduce impacts potential short-term water quality impacts to a less than significant level. Runoff would be transported to existing storm drains serving the development areas. Since the volume of runoff will not increase substantially, the existing storm drain system will continue to accommodate runoff in the area Although development of Friendship Park would convert the mostly permeable surface area to impermeable surface area, the increase in runoff would not be sufficient to overtax the existing storm drain system serving the site. Standard drainage improvements incorporated into a future Police Headquarters would be sufficient to avoid hydrology impacts. In addition, the small size of the Police Headquarters building area in proportion to the overall drainage basin would preclude significant water quality impacts from any urban runoff pollutants generated from the site. Furthermore, compliance with local and state requirements ,for storage of hazardous materials would avoid significant water quality impacts from the use of any such materials associated with operation of the Police Headquarters. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 9. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? 0 cg] D D 10 ~ .~3 Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact b) Conflict with any applicable land use plan, 0 0 ~ 0 policy, or regulation or an agency witlt jurisdiction over tlte project (including, but not limited to tlte general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an , environmental effect? c) Conflict witlt any applicable habitat 0 0 0 ~ conservation plan or natural community conservation plan? Explanation: The proposed project would not physically divide the land uses which currently exist within the general vicinity of the Civic Center Complex and Police Headquarters alternative sites. AIl of the affected areas are already developed with non-residential uses. No streets would be closed as a result of the proposed project. Although barriers would be constructed on Davidson Street in the event the Friendship Patk site is selected for the Police HeadqUatters, these barriers would only discourage Police HeadqUatters traffic from entering the adjacent residential area. It would not constrain residential access. While the proposed project would not physically divide the surrounding community, the Police HeadqUatters would potentiaIly impact surrounding residential areas due to lighting and noise associated with the proposed use. As discussed in Sections 1 and I 1 of this Environmental Checklist, the lighting and noise associated with the Police Headquarters would not create significant health and safety impacts. However, these factors could result in significant land use compatibility conflicts with adjacent residential uses by creating nuisance-level impacts. Land use compatibility impacts could be significant dilring late night and early morning hours when nearby residents are trying to sleep. Excess light spill and glare into sleeping qUatters could disrupt sleep activities. Potential light sources include security lighting on buildings and in patking ateas. All outdoor lighting associated with the Police HeadqUatters would be fitted with shields and/or positioned to minimize spill light and glare on adjacent residential properties. As discussed in Section I I of this Environmental Checklist, police car sirens and loading/unloading of prisoners could create a nuisance for nearby residents which could disrupt sleep patterns. Although the potential exists for police sirens to affect adjacent residents, the impacts would not represent a significant land use compatibility impact for several reasons. One of the primary reasons is the limitation to be imposed on police cars responding to emergencies from the proposed Police HeadqUatters. Responding units would be prohibited from turning on their sirens until they reach a major thoroughfare (e.g. Fourth Avenue or F Street). Police sirens are already being used on these streets. Thus, this limitation would assure that disruption from sirens is no greater than occurs from tlte existing Police Headquarters which is located in the same general vicinity as three of the four alternative sites. The Corporation Yard site, although 11 ..3 -.3 c.f not near tlte existing Police Headquarters, is already located near major noise sources including Interstate 5 and the San Diego Trolley. In addition, relatively few emergency responses originate at the Police Headquarters (Dan Hatdman, Chula Vista Police Department). Patrol cars out on the streets are usually the primary units responding to emergency situations. Further factors restricting potential land use compatibility impacts from Police Headquarters noise include prohibitions against: (I) outdoor public address systems, (2) vehicle-servicing and repair, and (3) siren testing. In addition, prisoners are proposed to be loaded and unloaded within the underground parking areas to minimize adverse effects of unusually vocal individuals. The Civic Center and the alternative locations for the Police HeadqUatters are located within the City of Chula Vista's "Urban Core" and the major facilities existing or planned for this area are designated in the Central Chula Vista Area Plan. This area contains tlte greatest diversity of urban facilities in the City in a generally low to medium density urban development. The City of Chula Vista's General Plan states that this area "will expand both the concentration and diversity of facilities" and will continue to reinforce its role as the urban core of the city. The project is consistent with adopted plans and ordinances. It will implement the goals of the City of Chula Vista General Plan as well as tlte Central Chula Vista Area Plan. Lastly, as none of tlte properties involved in the proposed project exhibit any natural vegetation or support wildlife species, the project would not have a significant impact on regional biological resource planning efforts. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Information Impact Incorporated Impact Impact 10. MINERAL RESOURCES - Would the project: a) Result in the loss or availability of a known 0 D D ~ mineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally D D D ~ important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Explanation: No impacts to mineral resources will result from project implementation. There are no known mineral resources located beneath the Civic Center Complex or any of the alternative locations for the Police HeadqUatters. 12 oJ ~.3S Issues and Supporting Information 11. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards or other agencies? b) Exposure of persons to excessive groundbome groundbome noise levels? or generation of vibration or c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 1) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Potentially Significant Impact o o o o o o Potentially Significant Unless Mitigation Incorporated [g] D ~ D D D Less Than Significant Impact o ~ D ~ D D No Impact D D D D cg] cg] Explanation: Construction of the Police Headquarters would introduce new noise sources into the areas which surround the four alternative sites. Increases in ambient noise levels would be of particular importance to noise-sensitive activities such as residenti;u, hospitals or other uses which generally require low noise levels. As discuss~ earlier, both single- and multi-family residential uses lie adjacent to some portion of all of the Police Headquarters alternative sites. Potential noise sources associated with the Police HeadqUatters would include police car sirens, exterior heating and ventilation equipment, loading/unloading prisoners, and general parking lot activity (e.g. car engines and conversation). Acoustical studies prepared for the alternative sites prepated by Douglas Eilar & Associates concluded that, with the possible exception of heating and ventilation equipment, noise from the Police Headquarters would not create a significant health and safety hazard. With the exception of heating and ventilation equipment, noise sources would be sporadic and not of sufficient frequency or volume to exceed acceptable noise levels. As discussed in Section 9, police sirens would not be activated until the vehicle reaches a major street and emergency responses do not usually originate from the Police Headquarters. In 13 .3 - 3 (. addition, current ambient noise levels on all Police Headquarters alternative sites, primarily related to traffic noise, are already higher than the levels normally acceptable for residential ateas. Measurements taken by Douglas Eilat & Associates identified ambient Community Noise Equivalent Levels (CNEL) as high as 65 dB(A) in neatby residential ateas. With respect to heating and ventilation equipment, the project would be conditioned to require that acoustical screening be installed atound all exterior heating and ventilation equipment to assure that noise generated by this equipment would not exceed the maximum noise levels established in Table ill of the City of Chula Vista's Noise Ordinance. Under this ordinance, noise generators must not cause noise levels at the property line in adjacent residential areas, with the exception of multi-family development, to exceed 45 dB between the hours of 10 p.m. and 7 a.m. on weekdays, and 10 p.m. and 8 a.m. on weekends; at all other times of the day, noise generators shall not cause noise levels in residential ateas to exceed 55 dB. For multi-family, the noise limits are 50 dB at night and 60 dB during the day. While noise associated with the Police Headquarters would not result in a significant health and safety hazard, periodic noise related to police car sirens and unloading/loading of vocal prisoners could create a land use compatibility impact on adjacent residential uses by disturbing sleep activities. This concern is discussed in more detail in Section 9 of this Environmental Checklist. Remodeling and expansion of the Civic Center Complex would not have a significant impact on surrounding land uses. The proposed improvements would not introduce any new noise sources nor would it increase noise generated by existing uses. Any new heating and ventilation equipment would be screened to assure that noise levels meet Table ill of the City's Noise Ordinance. Relocation of the Police HeadqUatters would, in fact, eliminate an existing noise source on the site. Construction noise could have a significant impact on residential ateas located adjacent to the Civic Center Complex as well as the Police HeadqUatters sites. Construction equipment noise would be expected to periodically exceed noise levels desired in residential areas. However, the short-term nature of construction noise and the limitations to be imposed by the City on the hours when construction can take place will reduce construction noise impacts to below a level of significance. Construction shall be limited to the hours of 7 a.m. and 7 p.m. between Monday and Friday and 8 am. to 5 p.rn. on Saturday. No construction would Qe allowed on Sunday. Issues and Supporting Infonnation 12. POPULATION AND HOUSING- Would the project: a) Induce substantial population growth io an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other iofrastructure)? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact D o D [gJ .,3-g 7 14 Issues and Supporting [nformation b) Displace substantial numbers of eXlstmg housing, necessitating the construction of replacement housing elsewhere? Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Impact Incorporated Impact Impact 0 0 0 [g] c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere o o o [gJ Explanation: There will be no impacts to population and housing resulting from the project. The project will not cause the City to cumulatively exceed the state or regional projections nor would it induce substantial growth. No housing, including affordable units, would be lost or created as a result of the proposed expaosion of the Civic Center or as a result of construction of a Police HeadqUatters at any of the alternative locations. The demand for housing would not change significantly since the uses proposed exist already and no significant changes in staffing levels are expected. Therefore, the demand for housing would remain the same. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No [ssues and Supporting Information Impact Incorporated Impact Impact 13. PUBLIC SERVICES: a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which cOuld cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 0 0 [g] D Police protection? 0 0 0 [gJ Schools? 0 0 0 [gJ Parks? 0 [g] 0 D Other public facilities? 0 0 [gJ D 15 ~ -.38 Explanation: The expansion of the Civic Center and development at any of the alternative locations for the Police HeadqUatters would not generally result in significant changes to service ratios, response times or performance objectives. Fire protection, schools and other public facilities would remain unchanged as a result of implementation of tlte project and development of a new Police HeadqUatters. Construction of a new Police HeadqUatters could result in improvement to response times for police protection due to improved efficiency. Development of the Police HeadqUatters at the Friendship Park location would result in potentially significant impacts to parks due to the loss of park areas. The loss of park area would require dedication of additional park land in the area. Potentially Significant Potentially Unless Less Than Significant Mitigation Significant No Issues and Supporting Infonnation Impact Incorporated Impact Impact 14. RECREATION: aj Would the project increase the use of existing D ~ D D neighborhood and regional parks or other recreational facilities such the substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities D D D 0 or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Explanation: No impacts to recreation would result from the expansion of the Civic Center or development at three of the four locations (Mercy, Corporate Yard and Commercial sites) for the Police Headquarters since there would be no anticipated increase in population and therefore in the use of existing parks. Development of the Police HeadqUatters at the Friendship Park could result in potentially significant impacts to other recreational facilities. The 3.5 acres of passive parkland would be replaced with buildings which could result in users of Friendship Park shifting their activities to other sites. While the expansion and remodeling of the Civic Center would result in some additional passive recreational areas, the loss of Friendship Park would be a potentially significant impact unless mitigation measures were incorporated to replace the loss of parkland. 16 ,,)-.3'1 Issues and Supporting Information 15. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in eitber the number of vehicle trips, tbe volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, eitber individually or cumulatively, a level of service standard established by tbe county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including eitber an increase in traffic levels or a change in location tbat results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict witb adopted policies, plans, or programs supporting alternative transportation (e.g., bus lurnouts, bicycle racks)? Potentially Significant Impact D D D D D D D Potentially Significant Unless Mitigation Incorporated D ~ D D D D D Less Than Significant Impact [g] o D ~ D ~ D No Impact D o rg] o [g] o rg] Explanation: A traffic study was conducted by BR W to assess the' impacts of the remodeling and expansion of the Civic Center Complex, and relocation of the Police HeadqUatters. As the morning and evening peak hour periods are the most critical times for local traffic circulation, the traffic study focused on the project impacts during these time frames. Based on this study, the redevelopment of the Civic Center Complex and relocation of the Police Headquarters would add an estimated 406 automobile trips to the AM peak hour traffic volumes and 530 trips to the PM peak hour. It should be noted that this is a conservative estintate because it treats all of the automobile trips related to the Police Headquarters as new trips even though the existing facility is generating some number of trips already. In addition, the traffic volume estimate does not back out trips which are being generated from the current uses which would be eliminated on altemative sites by construction of the Police HeadqJIatters. Thus, the estimated traffic generation is likely higher than may actually occur. 17 ..3-40 When the additional trips from the Civic Center Complex and any of the three Police HeadqUatters sites within the general proximity of the Civic Center Complex were added to the ten local intersections which were evaluated in the traffic study, it was determined that none of the intersections would be significantly impacted by the increase related directly to the proposed project. All of the intersections would continue to operate a level of service (LOS) of D or better. Further, when traffic from three otlter approved but undeveloped projects in the atea of the Civic Center Complex (Southbay Regional Center Expansion, Scripps Memorial Hospital Expansion and Gateway Project) was added to the increase in traffic from the proposed project, the traffic study concluded that the combined increase would not have a significant impact on any of the 10 intersections. With respect to the Corporation Yard site, the addition of Police Headquarters traffic to Woodlawn Avenue could cause the overall traffic volume on Woodlawn Avenue to exceed the desired volume for its current configuration. Expansion of Woodland Avenue to a Class I Collector roadway may be necessary between E and F Street. Additional right of way would also be required on the north side of F Street adjacent to the site. A signal would likely be required at Woodlawn Avenue and F Street. With respect to air traffic patterns, the proposed projects would have no impact. With the exception of the Friendship Park and Corporation Yard sites for the Police Headquarters, the traffic analysis concluded that no specific roadway modifications were necessary to accommodate the proposed uses. No new traffic signals are required on any of the unsignalized intersections immediately adjacent to the Civic Center Complex or the three nearby Police HeadqUatters alternative sites. Should the Friendship Park site be selected, Davidson Street between Fourth Avenue and the entrance to the parking structure would be redesigned to serve as a two-way street. Options to allow two-way traffic include acquisition of additional right-of-way on the south curb of Davidson Street, prohibitiolI of parking on the south curb of Davidson Street and/or construction of raised islands to facilitate turns at this location. In addition, traffic related to tlte Police HeadqUatters would be directed towatd Fourth Avenue through the use of signage or batriers to reduce impact on the neighborhood. As indicated earlier, selection of the Corporation Yard site could necessitate Woodlawn Avenue to be upgraded to a Class I Collector which would require that additional right of way along the project frontage to accommodate the wider roadway. An additional five feet of right of way would also be required on the north side of F Street adjacent to tlte site. A traffic signal at the intersection of Woodlawn Avenue and F Street would also be required. Selection of the Corporation Yard site would be less desirable from a traffic perspective due to the distance from the Civic Center Complex as well as the central part of the City. This separation would result in longer trips and more vehicle miles traveled on City streets. ~.c/I 18 Standard parking ratios established by the City will be achieved on the Civic Center Complex and each of the four Police HeadqUatters alternatives sites to assure adequate parking is available. Issues and Supporting Information 16. UTILITIES AND SERVICES SYSTEMS - Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected, demand in addition to the provider's existing commitments? . f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Significant Impact o o o o o o o Potentially Significant Unless Mitigation Incorporated o o o o o o o Less Than Significant Impact o cg] o o o cg] cg] No Impact cg] o ~ cg] ~ o o Explanation: There will be no significant impacts to utilities and service systems as a result of the project. New service systems, or the substantial alteration of existing systems, would not be required for the expansion and remodeling of the Civic Center and construction of a Police HeadqUatters at one of the alternative locations. The sites are currently developed with urban level land uses and receive water and sewer through existing lines. There is sufficient supply/capacity available to serve the proposed project. However, one segment of the sewer 19 ...s - c/ 2... system serving the project site would require upgrading as its entire service area is builtout. More specifically, a portion of the sewer line west of Bay Boulevard at G Street will need to be upgraded with a parallel line or expanded pipe diameter. This upgrade would be undertaken by the City as part of its Capital Improvements Program when required. The amount of solid waste generated will not change significantly over that currently generated and there is sufficient landfill capacity available. Issues and Supporting Information 17. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a. fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact Potentially, Significant Unless Mitigation Incorporated No Impact Less Than Significant Impact o D o ~ o ~ o D o ~ o D Explanation: The expansion and remodeling of the Civic Center and construction and operation of a Police Headquarters at any of the four locations would not result in a significant impact to the adopted long-term environmental goals of the City of Chula Vista's General Plan and other adopted planning documents as those goals are related to biology and culturai resources. The sites ate currently developed with urban level uses and do not contain identified biological or cultural resources. The expansion and remodeling of the Civic Center and construction and operation of a Police HeadqUatters at any of the four locations would not result in a significant impact to the adopted long-term environmental goals of the City of ChuIa Vista's General Plan and other adopted planning documents. The project is infill development with urban level services in place. . 20 J-~.3 The proposed project, in combination with three pending projects, could have a significant cumulative impact on traffic flow at the intersection of H Street and Fourth A venue. However, construction of an additional southbound left-turn land on H Street would restore this intersection to an acceptable level of service. Noise and light from the proposed Police HeadqUatters could adversely impact adjacent residential areas by interfering with sleep activities. However, light fixture shielding and limitations on the use of police sirens would reduce these potential impacts on humans to below a level of significance. II. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED Based on this environmental checklist, the environmental factors checked below would be potentially affected by this project. o Aesthetics o Agriculture Resources I:8J Cultural Resources o HydrologytNater Quallty o Air Quality o Biological Resources o Geology/Soils D Hazards & Hazardous Materials o Mineral Resources [gJ Noise ~. Land Use/Planning o PopulationIHousing C8J Public Services o UtilitieslService Systems ~ Recreation L8JTransportationtrraffic ~ Mandatory Findings of Significance III. PROJECT REVISIONS OR MITIGATION MEASURES The following project revisions or mitigation measures have been incorporated into the project and will be implemented during the design, construction and/or operation of the project. Mitigation Measure 1: Should the Friendship Park site be selected for the Police HeadqUatters, the following roadway improvements shall be incorporated into the plans: . Improve Davidson Street between Fourth Avenue and the entrance to the new facility to provide for two-way traffic; and ' . Install barriers at the entrance to the facility o'n Davidson Street to discourage Police Headquarters traffic from entering the neighborhood to the north. Mitigation Measure 2: Should the Corporation Yard site be selected for the Police Headquarters, the following roadway improvements shall be incorporated in the plans: · Provide, as necessary, additional right of way along project frontage on Woodlawn A venue to accommodate Class I Collector; . Install traffic signal at F Street and Woodland Avenue; and · Obtain an additional five feet of right of way along the north side of F Street adjacent to the site. 21 ..3 - c/ 'I Mitigation Measure 3: Prior to issuance of a building permit for the Police Headquarters or Civic Center Complex, a noise study shall be completed by a qualified acoustician to demonstrate that the heating and ventilation equipment has been sufficiently screened to insure that noise levels at the adjacent residential property lines do not exceed standards set forth in Table III of the City's Noise Ordinance. Mitigation Measure 4: The operations of the Police HeadqUatters shall be conditioned to require the following: · Police responding to emergency calls from the Police Headquarters shall not operate sirens until they reach a major thoroughfare (e.g. Fourth Avenue or F Street); · Prisoners shall be loaded or unloaded in the underground parking garage; . Servicing of vehicles including testing sirens shall be prohibited; and · Outdoor public address systems shall be prohibited. Mitigation Measure 5: Prior to issuance of a building permit for the Police Headquarters, the City shall develop a "Good Neighbor Policy". This Policy shall include operational guidelines and associated educauonal progranr for police personnel intended to minimize potential conflicts with surrounding neighborhoods (e.g. screeching tire noise and radio noise from unattended police vehicles). In preparing this Policy, the City shall seek input from the surrounding neighborhood. Mitigation Measure 6: Construction shall be limited to the hours between 7 a.m. and 7 p.m. on weekdays, and 8 am. and 5 p.m. on Saturdays. No. construction shall occur on Sundays. Mitigation Measure 7: All outdoor light fixtures would be equipped with shields to avoid substantial spill light and/or glare onto adjacent residential areas. Mitigation Measure 8: A qualified paleontologist shall monitor major excavation activities to determine if any important fossils could be adversely impacted. If important fossils could be impacted, the paleontologists shall devise and implement an appropriate salvage program. Mitigation Measure 9: Prior to issuance of a grading permit for a Police HeadqUatters on the Friendship Park site, the City shall identifY a replacement site from Friendship Park within the same vicinity, and approve a plan which would create passive recreation opportunities within three years of the date the grading permit is issued. 22 ...;1 .4S" IV. DETERMINATION On the basis of this initial evaluation: o I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. C8J I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. o I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMP ACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect I) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMP ACT REPORT is required, but it must analyze only the effects that remain to be addressed. o I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier ErR, including r~visions or mitigation measures that are imposed upon the proposed project. 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E't:l 8,.:: uos:::o..e o-S Ec:S 0 4.1 () u. c: 0- ~ g ~ .~,2 00 ::J "'Q.C"'C :;J ~ u"U :J:a ._ cu ...._ 1.0 I'S t: I'll > g l-o o I'll u'" ca ... ;:IcE II,) cu 5 .g.o ~.2: -5 'c:f 5 oU ~ ~ p., :z:: ::a oS 0.. "'0 ~' ...~' Jfrl~ a: ...] - c./ 1 '" ATTACHMENT NO.3 Mitigated Negative Declaration PROJECT NAME: Chula Vista Civic Center Expansion and Renovation Project PROJECT LOCATION: 276 Fourth Avenue, 315 Fourth Avenue, 365 F Street, 430 F Street, 430 Davidson Street ASSESSOR'S PARCEL NO.: 568-110-16, -17, -32 and -33 568-153-01 and -02 568- I 8 I -44 568-270-03, -10 and - I I PROJECT APPLICANT: City ofChula Vista General Services Department CASE NO,: IS-04-0I3 DATE OF DRAFT DOCUMENT: November 12,2003 DATE OF RESOURCE CONSERVATION COMMISSION MEETING: November 17,2003 DATE OF FINAL DOCUMENT: A. Project Setting The Chula Vista Civic Center consists of the City-owoed properties in the immediate vicinity of the intersection of Fourth Avenue and F Street which presently contain the City Hall Building, current and future (under construction) Police Headquarters, Public Services Building, Community Development Building, Legislative Building, Fire Station No, I, Civic Center Branch Library, Friendship Park, and Ken Lee Building (formerly known as the Mercy Building), and visitor and staff parking lots (see Exhibit A), The proposed Chula Vista Civic Center Expansion and Renovation Project ("Project") involves modifications to all of the City facilities listed above, with the exception of the Civic Center Branch Library, Friendship Park, and future Police Headquarters (currently under construction). B. Prior Approvals and Environmental Documentation The City of Chula Vista Civic Center Master Plan (Master Plan), adopted jointly by the City Council and Redevelopment Agency on July 17, 2001, was addressed in the Chula Vista Civic Center Master Plan Aod Police Headquarters Relocation Mitigated Negative Declaration (MND) IS-Ol-017, dated December 8, 2000. MND IS-Ol-017 generally addressed the expansion and renovation of the Chula Vista Civic Center as described in the Master Plan, including four alternative sites for the new Police Headquarters, referred to in the MND as the Friendship Park Site, Mercy Site, Commercial Site, and Corporation Yard Site. The new Police Headquarters is presently under construction on the Commercial Site, located at the southeast comer of the Fourth AvenuelF Street intersection (315 Fourth Avenue). MND lS-OI-OI 7, adopted jointly by Mitigated Negative Declaration 18-04-013 City of Chula Vista Civic Center Expansion & Renovation J _~-" Page I the City Council and Redevelopment Agency on July 17, 2001, contains mitigation measures addressing traffic, noise, land use compatibility, paleontology, and recreation impacts. The traffic and recreation mitigation measures contained in MND IS-OI-017 are no longer applicable, since these measures specifically applied to the development of the new Police Headquarters on the Friendship Patk Site and Corporation Yard Site. MND IS-Ol-017 was relied upon in approving a Design Build agreement with Highland Partnership, Inc. for the expansion and renovation of the Civic Center, with the exception of the planned relocation of Fire Station No. I to the Ken Lee Building site. C. Project Description Revisions to the Project made subsequent to the preparation ofMND IS-Ol-Ol 7 and entering into the Design Build agreement with Highland Partnership, Inc. are addressed in this Mitigated Negative Declaration (IS-04-0I3). The proposed Civic Center Expansion and Renovation Project, as described in the adopted Master Plan and as currently proposed, is described below. Adopted City of Chula Vista Civic Center Master Plan The adopted City of Chula Vista Civic Center Master Plan consists of the following major project components: · Development of an approximately 135,000 square-foot new Police Headquarters with a total of approximately 430 surface and structured parking spaces at the southeast comer of the Fourth Avenue/F Street intersection (315 Fourth Avenue). The new Police Headquarters is under construction and is scheduled to open in February 2004. · Remodeling and expansion of the City Hall Building from 18,300 squate feet to 34,71 I square feet. · Remodeling of the 29,700 square-foot Public Services Building, · Remodeling of the 51,500 square-foot Police Headquarters for use as City offices. · Demolition of the 2,779 square-foot Community Development Building and 5,793 square- foot Legislative Building to accommodate additional surface parking, · Landscape and parking improvements throughout the Civic Center. · Demolition of the 8,775 square-foot Mercy Building (subsequently renamed Ken Lee Building) to accommodate the relocation of Fire Station No. I (planned to contain an approximately 12,000 to 20,000 square-foot structure) and a new City vehicle fueling facility, Demolition of the 9,305 square-foot Fire Station No. I and conversion of the site to surface parking. This component of the Master Plan was speculative in nature at the time and, therefore, was not analyzed in MND IS-Ol-017. The Master Plan acknowledges that supplemental environmental analysis will be required prior to implementation, which has been accomplished through the preparation of this Mitigated Negative Declaration, The Mitigated Negative Declaration IS-04-013 City ofChula Vista Civic Center Expansion & Renovation J - ~-, Page 2 scope for the evaluation of environmental effects in this document. Mitigation measures contained in MND IS-OI-Ol 7 and the associated Mitigation Monitoring and Reporting Program (see Attachment A) that are applicable to the project are required to be implemented by the City of Chula Vista. These measures are not new mitigation measures, but are incorporated by reference from previously adopted MND 1S-0 1-0 I 7, With the exception of the construction of the new Police Headquarters at 3 I 5 Fourth Avenue, site conditions have not substantially changed since the adoption of MND IS-O 1-0 I 7. As such, the impacts of the Project on the physical features of the site would be the same as addressed in MND IS-Ol-OI7 and are hereby incorporated by reference, with the exception of the potential environmental effects associated with the proposed revisions to the Project, as described below. Analvsis of Potential Environmental Effects The proposed revisions to the Proj ect described above have been evaluated with respect to the assessment of potential environmental effects contained in previously adopted MND IS-OI-OI7. With the exception of the following environmental issues, MND IS-0I-OI7 has been found to adequately addresses the potential environmental effects of the proposed Project. Cultural Resources To assess the potential for significant impacts to cultural resources associated with the proposed demolition of the City Hall Building and Fire Station No. I, a cultural resources assessment of these buildings was conducted. The findings of this assessment are contained in a report entitled, "Cultural Resources Report for the Historical Evaluation of the Chula Vista City Hall and Chula Vista Fire Station Number 1 Located at 276 Fourth Avenue, Chula Vista, California 91910," prepared by Archaeos and dated November 2003. This report is on file and available for review at the offices ofthe Chula Vista Planning and Building Department and is summarized below, As discussed in the study, the City Hall Building and Fire Station No. I were examined to assess their potential for historical and atchitectural significance in terms of eligibility for nomination to the National Register of Historic Places, the California Register of Historic Places, and the Chula Vista List of Historic Sites, The City of Chula Vista City Hall Building was constructed in 1950 as a 9,960 square-foot facility at 276 Guava Street (now Fourth Avenue); the previous City Hall building was located at 294 Third Avenue, The building contractor was the Travelodge Corporation, operated by Scott King, a general contractor; the company was located at 3045 Moore Street in San Diego. The architects were Stanley Burne and Percy Burnham. The San Diego City Directories listed Mr. Burne as a structural engineer with an office in Del Mar; no other information was located regarding Mr. Burne and no information was found regarding Mr. Burnham. Over the years, the building underwent numerous alterations. A 1,856 square-foot addition was undertaken in 1964 by the C.R Dahl Construction Company, No additional building permit information or further construction information was obtained regarding the building or its alterations, Although no building records could be obtained for Fire Station No. I, according to San Diego Directory Mitigated Negative Declaration IS.04.013 City of Chula Vista Civic Center Expansion & Renovation ..3-s~ Page 4 i 0 '11 ~ 0 ~ !: g 6 en ~ 0 , z p en ... '" m "1 ".-i , )> ;u " '" iil " ... c ;g r '" =l m " ~ 1 = "~ " . ~o , li~ ~~ .> , m X J: ;;; =< OJ ~ !ili!:'!~1 · 10 o , ! t I . l , t - FOURTH AVENUE - , I rrffif ..:J:L 'Y"" / . ---~ ~-- \n~ (_.~. ~-::\ / !~ \\ $ & <~ . "." :,''1 'r~...l...i.j'_L.L!.....L1...L.!....LL.!...l....!....:-L.UJ I' \\ (~ II \\ i \ \ n . ! i CHULA VISTA CIVIC CENTERRENOVAllON ~ -S".3 ~lft.. -- 0llSl'X~ SCHEMATIC DESIGN The buildings do not embody enough of the distinctive characteristics of a type, period, or method of Modern Spanish construction to be true representative examples of this architectural style. The buildings do not represent the work of a master architect or an important, creative individual. Finally, the buildings do not possess high artistic values nor do they possess the potential to provide further information important in prehistory or history. As previously stated, the replication of the main entry element of the City Hall Building is a proposed element of the new building, in order to maintain the character of this building in accordance with the adopted Master Plan. The subject resources have been found not eligible for listing under National Register, California Register, and Chula Vista List of Historic Sites criteria. Therefore, no adverse direct, indirect, or cumulative impacts would occur with project implementation; therefore, no mitigation measures are required in conjunction with the demolition ofthese resources. Noise Fire Station No, I is proposed to be demolished and reconstructed at 430 F Street, along the south side ofF Street almost directly across the street from the existing station. Noise associated with the operation of the relocated fire station would be compatable to noise generated by the existing station, particularly given the very close proximity of the proposed site to the existing station. Fire vehicle sirens would continue to be the most noticeable source of noise associated with the proposed fire station; however, such sirens are exempt from the City's noise regulations (Municipal Code Section 19.68.060.A), Although the new fire station has not yet been designed, known elements of the facility that would generate noise include heating, ventilation, and air conditioning (HV AC) equipment and an emergency generator. Based upon the acoustical analysis conducted for recently constructed Chula Vista Fire Station No.7, the type of emergency generator that may be installed on-site produces a noise level of 85 decibels (dB) at a distance of 80 feet with no noise attenuation. The generator would be operated during power outages and during monthly testing. Monthly testing is normally conducted for a period of approximately 30 minutes. The project site abuts multi- family residential development to the west and commercial uses (including medical offices) to the east and south. Noise standards for the adjacent multi-family residential and commercial development are set forth in Table III of Chapter 19.68 of the Chula Vista Municipal Code. The standatds that would be applicable to both the emergency generator and HV AC equipment at the western property boundary (Multiple Dwelling Exterior Noise Limits) and eastern and southern property boundaries (Commercial Exterior Noise Limits) are as follows: Multiple Dwelling Residential Exterior Noise Limits 7 a.m. to 10 p.m. (weekdays)/8 a,m. to 10 p.m, (weekends): 60 dB (A) Leq (I-hour) 10 p.m. to 7 a,m. (weekdays)/1O p.m. to 8 a.m, (weekends): 50 dB(A) Leq (I-hour) Commercial Exterior Noise Limits 7 a.m, to 10 p,m, (weekdays)/8 a.m. to 10 p.m. (weekends): 65 dB(A) Leq (I-hour) 10 p.m, to 7 a.m. (weekdays)/IO p,m. to 8 a.m. (weekends): 60 dB(A) Leq (I-hour) Mitigated Negative Declaration IS-04-0 13 City of Chula Vista Civic Center Expansion & Renovation ..3-SLI Page 6 surrounding the Civic Center are anticipated to result either during the period of construction or after project completion, Hazardous Materials Several Civic Center structures proposed to be demolished and renovated are known to contain hazardous materials, namely Asbestos Containing Materials (ACM), Lead-Based Paint (LBP), PCB (polychlorinated biphenyls) and CFC (chlorofluorocarbon) containing electrical equipment, and mercury vapor-containing equipment, and other structures are likely to contain similar hazardous materials. To date, hazardous materials surveys have been performed by Kleinfelder, Inc. for the City Hall Building, current Police Headquarters, Public Services Building, Legislative Building, and Community Development Building, and will also be performed for Fire Station No. I and the Ken Lee Building. Varying degrees of the aforementioned hazardous materials were identified in the buildings surveyed and are likely to occur in the buildings not yet surveyed; therefore, the proposed demolition and renovation activities could potentially result in the emissions of these hazardous materials. To mitigate this potential impact to below a level of significance, prior to demolition and renovation activities State of California licensed asbestos and lead abatement contractor shall be retained to perform the abatement of ACMs and LBPs, general contractors shall be advised to properly dispose of lamps, mercury thermostat vials, and ballasts, and licensed air conditioning repair persons shall be retained to dispose of CFCs present within air conditioning units, as outlined in Section F below. All hazardous materials abatement work shall be performed in accordance with all applicable local, state and federal laws and regulations, including San Diego County Air Pollution Control District (APCD) Rule 361.I45 (Standard for Demolition and Renovation) and other requirements as implemented by D,S. Occupational Safety & Health Administration (OSHA), California Division of Occupational Safety and Health (CaI/OSHA), D.S, Environmental Protection Agency (EP A), and California Department of Toxic Substances Control (DTSC). F. Mitigation Necessary to Avoid Significant Impacts Mitigation measures contained in MND IS-Ol-Ol 7 are required to be implemented by the City of Chula Vista, where applicable (see Attachment A); these measures are not new mitigation measures, but are incorporated by reference from previously adopted MND IS-O I -0 I 7. Mitigation measures addressing new potentially significant impacts associated with the current Project, as described in Section E above, are outlined below and are contained in the Mitigation Monitoring and Reporting Program associated with this MND (see Attachment B): Noise I. All noise generating equipment (e.g., HV AC equipment, emergency generator) utilized at the new Fire Station No, I facility shall comply with the noise standards set forth in Chapter 19,68 of the Chula Vista Municipal Code at the western, southern, and eastern property Mitigated Negative Declaration IS.04-013 City of Chula Vista Civic Center Expansion & Renovation ..3 -sS- Page 8 H. Consultation Citv ofChula Vista Jack Griffin, General Services Matt Little, General Services Frank Rivera, Engineering Silvester Evetovich, Engineering Jeff Codling, Public Works Bill Ullrich, Public Works Garry Williams, Planning and Building Duane Bazzel, Planning and Building Lynnette Tessitore-Lopez, Planning and Building Documents · Mitigated Negative Declaration IS-Ol-017, Chula Vista Civic Center Master Plan and Police Headquarters, City ofChula Vista, December 8, 2000 · Cultural Resources Report for the Historical Evaluation of the ChuIa Vista City Hall and Chula Vista Fire Station Number I Located at 276 Fourth Avenue, Chula Vista, California 91910, Archaeos, November 2003 · Final City ofChula Vista Civic Center Master Plan, City ofChula Vista, June 2001 . City of Chula Vista Civic Center Renovation, Schematic Design, City of Chula Vista, July 18, 2003 · Mitigated Negative Declaration IS-02-033, Fire Station No. 7 (including Rezone and Extension of Street "A"), City ofChula Vista, June 7, 2002. · Hazardous Materials Survey, City Hall Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., January 28, 2003, · Hazardous Materials Survey, Police Station Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., January 25, 2003. · Hazardous Materials Survey, Public Services Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, Inc., January 25,2003, · Hazardous Materials Survey, Community Development Building, City of Chula Vista Civic Center, 276 Fourth Avenue, Chula Vista, California, Kleinfelder, lnc" July 24, 2003, . Hazardous Materials Survey, Old Courthouse Building, City of Chula Vista Civic Center, 430 Davidson Street, Chula Vista, California, Kleinfelder, Inc., July 24, 2003, Mitigated Negative Declaration IS-04-0 13 City ofChula Vista Civic Center Expausion & Renovation ..3 - ~-~ Page 10 z o i= ~ o o ..J W 0:: Ul 0:: W:E li:~ ~Cl 00 00:: i5~ ::r:Z wi= 00:: . :J 0 ~ ~It E-< 00:: z: Z 0 "'1 .~ ~ :) ~ ;) n. i:2 -( 0:: 0 "" W... ... ...- ~ ~~ o::Z wO ...- Z'" W~ 0!:2 01::: ::;:::E U ~ Ul ::;: :) :J ::r: o ~ " " .S; '" " "l x c " ~ ~ > " e .~ a.~ E ~ _0 .~ -a -.<= o ~ a.l' " c -5 V ~ E cS~ 118 U8" ".- M~ " ~ .011 .~ 2 ~ ~ bOa 11.5 - a.~a. o " ,9-:g -5 -5!to=i.9 ""c II -5 .- .- " tt ti ~ v " E! -5:l1!- ""0 _ c- u " " c o ~._ .c " v ",::I:.o 1."'0 ci5z ;\t:;J"Q:) ,!;;~. L.. "'" " tf'Z.V) L:-~1t'I ':'~,d> ~-'" ~:i: '~",'~.' 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'" ' .~ ii 1::15. :c I:: ~ .~~ ::.i! ~~ I::Q ~ S'" S'" o ~ c.c c.c Q.c. :;, ,- :g~ cJ2 C) III ~'3 .." 1l~ 0 '" =[0 ,_Ill 0:: Q."C Q."C Q.c Q.c a. <(~ <(~ C) -.> ,...-.oJ Z 88 X Ul,U). ,0'0 ;::: a." a,.'o 0:: "'.> O).~ 0 _I:: c '" c.w a. 00 ;:c X 1:C X "'~ ~ 0 ::1...0 w 1::1l 00 0.0 0:: "E= .> 0 j::G; . . X e~ " c X Z > 0.0 D.;o <( 0 " C) " " Z ,.; ,.; ii: 0 l- I:: ~ S Z - ~ 0 0 en en '" ~ ~ 0 '81l c c ::.i! -'=", "0 I " 0 G) "i: .c ,- ..c:;::; Z ou 00 ,,~ c8- Q) 0 Co. ~E ~'" ;::: n::E <( cr,""":.sj? fB.~l! B Q) 0 = $3- =nI I/') C) III O..l::......c e c ;::: Ez-e-IVQ)ll> c'O......('llnl >,11) r. -.:t U'l .Q.c.E(U-gE~ $~~~i igQ) ~~~~ ~~>.~ :E ;::) 0 Q):J E ~~~~U'l~~~.o c~w~ ~t'llO~ :;r~-'8 0 E IV CD .0 8,- o..<Il . 0 0 =:: 0)0 C") Cl)Q>C..... ..... (1)0 > Q):C .nit): a.-g~ Ea; g'Q)u)oJ: ~~ UCl)Ul C 5~iUt'll~olVlI)~S~~3~-~<:J <(~'E'iii~ w ~~~o~u;~lIl~~~3~>.5~cCl) ~ ,- .. Q. i!l. '0'" L1."C"U c~ Q):J.oQ)8<Q)~~~m_gn.o;>.~.~ ~ =: C'- e RI. ~~:E_o~~~~~I~Eigli~ :a)j!ga. 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E}=.s:::..s::."O III <( ~~~o~.s::.~:::J~~~~c~~xSo~ .g ~~jufij~~ c:: "O~n~~-a~~~~Ero~$~O~O ~ cm0>cE~~~OIO~_C _c~ :E 0.... ~ .- III W C .9 z.; E~ E ~ ...: I- ro~~o~o~Ec 8~o~bow'- ; e n_ J! .s::. g ~ C~.s::.C",~c o~. -~E~c E I!~Eo~E-~ o~~mo08~uo2~-~0-o~O .- E ....- n n.: n'- C ~<(.= ~._ .~~ 2?ai8~'5:J.sE en ~ -"D'" -E~0C.-~ :::JCI).~::)~u OUl~c~Om ._:::J~~~u_> UCl) ~ 0_ . 0 E E 0 ::> E:::Jcm~-""rn~~rn~~~~m._~ rniS~~'" ~o 0 worn "'''D~~~ocE~:::J''''cc<''D~ mc"'.... ~rnKu c::l "D'O'O~mQl~o~_'2 ,oo.....2mx1;e W .~~ QlEco~ '" o~~~i~Cl)~8io~cU!~~CI)m_ en g ~~a..!!EGi.~ ~ -~"'~"'~~~=cE~moo~~o~e (5 E'U~~~i;[; ~.J:: ~ E ~....(L ~"O'Cii-g n.!' g'-o u~~o..1:: Z ;;' mJ!!u rn'OC( J: ~b~~=~~~fij~8~~ofijo~~~8 I:: 0 oZ '" ~ ~" ,.: N d -s<! ,- '" =:ra " ~ " CITY OF CHULA VISTA Civic Center Expansion and Renovation Guaranteed Maximum Price Summary - EXHIBIT 9 Design Development Estimate with VE and Alternates Breakdown Updated for June 15, 2004 Council Approval (No Fire Station) OESCRIPTIONS COMPONENT "- COMPONENT B COMPONENT C EXTENDED COST Administration - City Hall Building PSB & Council Chambers Old Police Building Renovation Area S.F. $IS.F, Subtotals Area S.F. $IS,F, Subtotals Area S.F. $IS,F, Subtotals Area S.F. $IS,F, Subtotals Sorlno 2004 to So,ln. 2005 Sorlno 2005 to SorlnG 2006 Sorlno 2006 to Summer 2007 Spring 2004 to Summer 2007 Building Improvements Administration. City Hall & Council Chamber 42,230 SF 217.95 9,204,000 0 SF 0.00 0 0 SF 0.00 0 42,230 SF 217.95 9,204,00 Public ServicBs Building 0 SF 0.00 0 30,562 SF 137.56 4,204,00 0 SF 0.00 0 30,562 SF 137.56 4,204.00 FOllTler Police Bldg. 0 SF 0.00 0 0 SF 0,0{) 0 52,160 SF 113.29 5,909,00 52,160 SF 113.29 5,909,00 Fire Department Station Number 1 0 SF 0.00 0 SF 0.00 0 0 SF 0.00 0 0 SF 0.00 0 Co.GenerationFacility 0 SF 0.00 0 SF 0.00 0 0 SF 0.00 0 0 SF 0,0{) 0 Building Subtotals 42,230 SF 217.95 9,204,000 30,562 SF 137.56 4,204,000 52,160 SF 113.29 5,909,000 124,952 SF 154.60 19,317,000 On-8ltelmprov&ments - Landscape and Hardscape On-5lte Improvements -landscape and Hardscape 28.000 SF 70.89 1.985,00 64.000 SF 15.61 999.00 61,000 SF 21.46 1,309,00 153,000 SF 28.06 4,293,00 Civic Art , LS 20,000.00 20,000 0 LS 0.00 0 0 LS 0.00 0 1 LS 20,000.00 20,00 WalerFeatures , LS 105,000.00 105,00 0 LS 0.00 0 0 LS 0.00 0 1 LS 105,000.00 105,00 AagPoles 3 E' 3,000.00 9,000 0 EA 0.00 0 0 EA 0.00 0 3 E' 3,000.00 9,000 Site Subtotals 2,119,000 999,000 1,309,000 4,427,000 Construction Allowances Budgets Old PO Staging Area Improvements 30,000 SF 18.33 550,00 30,000 SF 8.33 250,00 30,000 SF 3.33 100.00 30,000 SF 30.00 900,00 Alternative Energy Sources - PV Panels 0 Allow 0 1 Allow 300,00 0 Allow 0 , Allow 300,00 Moving Coordination & Expenses 1 Allow 200,00 1 Allow 200,00 1 Allow 100,00 1 Allow 500,00 Allowances Totals 750,000 750,000 200,000 1,700,000 Subtotals Direct Construction Costs 12,073,000 5,953,000 7,418,000 25,444,000 Construction Contingency 7.49% 904,00 2.49% 148,00{ 2.98% 221,00 5.00% 1,273,00 Subtotals - Hard Construction Costs 8,475,30(1 12,977,000 5,146,195 6,101,000 5,728,278 7,639,000 19,349,n9 26,717,000 4,501,l:l94 954,805 1,910,722 7.3t17.221 Design Builders Fixed Fee General Conditions 7.79% 1,011,00 10.26% 626,00 9.19% 702.00 8.75% 2,339,00 Design Costs - (Excls. Staging Tl's) 10.01% 1,299,00 11.31% 690,00 10.28% 785,00 10.38% 2,774,00 Design Costs - for Old PO Staging Area 0.50% 65,000 0,16% 10,000 0.13% 10,00 0.32% 85,00 Development Staff Costs - Design Phase 0.92% 120,00 1.23% 75,000 1.09% 83,00 1.04% 278,0~ Design-Builders Fee - Design 1.85% 240,00 2.48% 151,00 2.17% 166,00 2.08% 557,00 Design-Builders Fee - Construction 4.12% 535,00 4.61% 281,00 4.42% 338,00 4.32% 1,154,00 Subtotals De.lgn Builders Fixed Fee 3,270,000 1,833,000 2,084,000 7,187,000 Totals - Design Build Contract Amounts 16,247,000 7,934,000 9,723,000 33,904,000 Design Builders Relmbursables Performance Bond 0.80% 130,00 0.79% 63,00 0,80% 78,00 0 0.80% 271,00 Insurance Costs - Moved to City Allowances 0.00% 0 0.00% 0 0,00% 0 0 0.00% 0 Subsurface Investigations Costs 1 Allow 0.06% 10,000 1 Allow 0.13% 10,00 1 Allow 0.10% 10,00 1 Allow 0.09% 30,00 Hazardous Malerials Removal & Disposal 1 Allow 0.15% 25,000 1 Allow 0.32% 25,00 1 Allow 0.26% 25,00 1 Allow 0.22% 75,00 Warranty Extensions 1 Allow 0.00% 0 1 Allow 0.00% 0 1 Allow 0.00% 0 1 Allow 0.00% 0 Safety Program Costs 1 Allow 0.06% 10,00 1 Allow 0.13% 10.00 1 Allow 0.10% 10,00 1 Allow 0.09% 30,00 Video and Photographic Documentation Costs 1 Allow 0.06% 10,00 1 Allow 0.13% 10,00 1 Allow 0.10% 10,00 1 Allow 0.09% 30,00 City Field Office Cosls 0 NIC 0.00% 0 0 NIC 0.00% 0 1 NIC 0.00% 0 1 NIC 0.00% 0 Relmbursables Totals 185,000 118,000 133,000 436,000 Totals - Design Build Amounts Including Relmbursbles 16,432,000 8,052,000 9,856,000 34,340,000 City Budgeted AIIOWIInces Permits; Fees; City Staff Services, Spec. Insp. & Contingency 1 LS 7.50% 1,232,00 1 LS 8.30% 668,00 1 LS 9,04% 891,00 1 LS 8,13% 2,791,00{ Telecommunications Allowance 42,230 SF 2.67 112,54 30,562 SF 2.64 80,71 52,160 SF 2.68 139,74 124,952 SF 2.67 333,00 UPS for Telephone/Computer System 42,230 SF 0.89 37,51 30,562 SF 0.89 27,14 52,160 SF 0.89 46,33 124,952 SF 0.89 111,00 Fixtures and Equipment 42,230 SF 35.07 1.480,89 30,562 SF 34.96 1,068,42 52,160 SF 34.63 1,806,25 124,952 SF 34.86 4,355,57 Other Equipment 42,230 SF 1.21 51,00 30,562 SF 1.80 55,00 52,160 SF 1.15 60,00 124,952 SF 1,33 166,00 Computer Networ\l; WIring 42,230 SF 1.40 59,000 30,562 SF 2.09 64,00 52,160 SF 1.34 70,00 124,952 SF 1,54 193,00 Subtotal City Allowances 42,230 SF 70.40 2,972,952 30,562 SF 64.24 1,963,285 52,160 SF 57.77 3,013,339 124,952 SF 63.62 7,949,576 18.09% 24.38% 30.57% 23.15% Total Project Budget by Component 19,404,952 10,015,285 12,869,339 42,289,576 Overall Project Insurance Budget 1,622,520 811,260 946,470 3,380,250 Adjusted Total PrO}ect Budget by Component 21,027,472 10,826,545 13,815,809 45,669,826 """" ....J - €:. 0 ATTACHMENT NO.4 Bldng Program Costs June 04 ExhbtQ,xls ATTACHMENT NO.5 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL 5~~f!ueI City Attorney Dated: First Amendment to the Design Build Agreement With Highland Partnership (HPI)I for the provision Of services required for the design and construction of renovations To the City's Civic Center Complex J_CD' FIRST AMENDMENT TO THE CIVIC CENTER DESIGN BUILD AGREEMENT This First Amendment is made and entered into this 15th day of June, 2004, by and between the City of Chula Vista (herein "City"), a municipal corporation, and Highland Partnership, Inc. ("Design Builder or D/B''), City and D/B are sometimes hereinafter referred to as Parties ("Parties"). RECIT ALS WHEREAS, the Parties entered into an agreement on February 18,2003 ("Original Agreement") for the construction of necessary improvements at the City's Civic Center; and WHEREAS, since that the Original Agreement was executed, the Parties have proceeded forward on the design of these improvements; and WHEREAS, during the development of these designs, the scope of portions of the project have evolved in a manner not originally contemplated by the Parties; and WHEREAS, the City has determined that significant value and efficiency will be gained by modifying the scope of the project NOW THEREFORE, in consideration of the mutual promises and covenants contained herein the Parties agree that the following sections of the Original Agreement shall be amended as follows: I. Section 1.3, I be amended to read as follows: Perform all services, work and obligations as described herein for the not to exceed Guaranteed Maximum Price ("GMP") determined pursuant to Section 6.4 of this Agreement The GMP shall not exceed the amount of Thirty-Three Million Nine Hundred and Four Thousand and no cents ($33,904,000) which shall include all Hard Construction Costs necessary to provide a fully completed and functional Project including, but not limited to, the cost for all labor, equipment, material, and the DIE Fixed Fee which includes fees and expenses of any type, including all expenses under this Agreement, associated with completing the Project, whether on-site or off-site, and the D/B Contingency Fund, Aoy costs incurred by D/B in excess of said GMP shall be the sole responsibility of the DIE unless a Change Order is approved by the City pursuant to Section 15 of this Agreement All funds remaining in the GMP at completion of the Project shall belong to the City, .J -'d--. 2. Section 1.3.2.2 be amended to read as follows: Achieve "Substantial Completion" (as defined in Section 17,1) of Phase IV component A 375 calendar days from issuance of Notice to Proceed with said component, and "Final Completion" (as defined in S I 7,3) no later than 466 calendar days from issuance of Notice to Proceed, Section 1.3.2,2 (repeated) be renumbered as Section 1.3.2.3 and amended to read as follows: Achieve "Substantial Completion" (as defined in Section 17.1) of Phase IV component B 303 calendar from issuance of Notice to Proceed with said component, and "Final Completion" (as defined in S I 7.3) no later than 394 calendar days from issuance of Notice to Proceed. Section 1.3.2.3 be renumbered as Section 1.3.2.4 and amended to read as follows: Achieve "Substantial Completion" (as defined in Section 17.1) of Phase IV component C 3 I 8 calendar days from issuance of Notice to Proceed, and "Final Completion" (as defined in S I 7,3) no later than 409 calendar days from issuance of Notice to Proceed 3, Section 6.4. I be amended to read as follows: The GMP shall not exceed $33,904,000, 4, Section 8.1.1, I be amended to read as follows: Component A shall include the minor tenant improvements necessary to make the existing police building functional for its intended purpose which is the temporary relocation of all current City Hall occupants to the former Police building, demolition and construction of the City Hall Building, including a new Council Chambers, consistent with the approved CD's, Master Plan, Basis of Design, and FF&E Matrix, and relocation of appropriate departments into the refurbished City Hall Section 8, I. 1.2 be amended to read as follows: Component B shall include the relocation of all occupants of the Public Services Building CPSB") refurbishments of PSB including all office space and all site work immediately surrounding the PSB, consistent with the approved CD's, Master Plan, Basis of Design and FF&E Matrix, and relocation of appropriate departments and staff into the refurbished PSB, J-&:.~ 5, Section 14.1 be amended to read as follows: Except as otherwise expressly provided in this Agreement, as full and complete compensation for performance of all services and obligations under this Agreement, D/B shall be compensated ("D/B Fixed Fee") at a fixed sum equal to $7,187,000, That portion of the D/B Fixed Fee earned with each Phase and component of the services is listed in Exhibit I of this Addendum. 6. Except as expressly provided herein all other provisions of the Original Agreement shall remain in full force and effect. J- ,,'-I SIGNATURE PAGE TO DESIGN/BUILD AGREEMENT FIRST AMENDMENT TO THE CIVIC CENTER DESIGN BUILD AGREEMENT CITY OF CHULA VISTA HIGHLAND PARTNESHIP, INe. Stephen Padilla, Mayor J.David Gardner ATTEST: Susan Bigelow, City Clerk Ian Gill Approved as to form by Ann Moore, City Attorney ..3-~S- CD . c z: t- z: w :IE :: (.) C t- t- ee N J- - m - :::E: >< W zal O.!!! -> 1-. ~rt 0'11' ZO w~ rt - rt~ w. 1-1: z::s w-, 0' OW _...I >~ -0 Ow ~::t: III 0 _Ill >C) :5:!!!: ~1Il ::t:< O::t: a. ~ ~~ ~~ c z c ~ ~ ~ ~ ~ ~ ~~ ~~ c z c ~ ~ ~ ~ ~ ~ ~~ N~ c z c ~ ~ ~ ~ ~ ~ ~~ ~~ C Z C ~ ~ ~ : ~ ~: ~ ~~ ~ I ~ ' . ~ .. ~ ~ .. ... ~.- li~ ~ . li li ~ ~ ~ , I ! 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" ~ . ~ . ~ . ~ . ~ " ~ oi i ~ " ~ ~ E " RESOLUTION NO. 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CIVIC CENTER MASTER PLAN WHEREAS, in July 2001, the City Counsel adopted the final Civic Center Master Plan; and WHEREAS, on February 18,2003, the City Council approved a Design Build Agreement with HPl and for the design and construction of renovations of the Civic Center based upon said Master Plan; and WHEREAS, since the execution of the Design Build Agreement, design activities on the project have proceeded; and WHEREAS, a number of substantive changes have been proposed with respect to the design of the complex that will add significant value to the overall project, including the demolition and construction of a new City Hall and renovations to the Public Services Building and former Police Department; and WHEREAS, the Environmental Review Coordinator has reviewed the project and prepared a Mitigated Negative Declaration (IS-04-0I3) for adoption; and WHEREAS, the specific changes to the original Master Plan are shown on Attachment #1. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt Mitigated Negative Declaration (IS-04-0I3) and amends the Civic Center Master Plan, Presented by Approved as to form by Jack Griffin Director of General Services J:\attorney\reso\Amend Civic Center Complex -3 -70 ADDENDUM NO, I Civic Center Master Plan Revisions I. Demolition of the 18,3000 square foot City Hall Building, due to structural and other code considerations, and development of a new one-story 42,455 square foot City Hall Building, including new Council Chambers, in its place. The existing Council Chambers occupying the southern portion of the Public Services Building would be reconfigured and reconstructed to facilitate the conversion of the Council Chambers to office space, The replication of the main entry element of the City Hall Building is a proposed element of the new building in order to maintain the character ofthe building in accordance with the adopted Master Plan, Modifies Master Plan Drawing (Chapter 5), Page 6-4, Drawing Number A 2,00, City Hall Block Plan (un-numbered drawing), Drawing CO,02, Page 7-3, Phasing Drawing IC, Page 7-4, Phasing Drawing IIB 2. Existing short-term visitor parking along Memorial Drive, situated between the former Police Department and the Public Services Building was planned to be retained under the Master Plan, This area is now proposed to serve as the Arrival Court, marking the formal arrival to the Civic Center and establishing the formal view corridor into the campus, Although no parking is proposed within the Arrival Court, vehicular access from Fourth Avenue would be retained and a passenger drop-off/pick-up area would be provided. Modifies Master Plan Drawing (Chapter 5) 3. A City vehicle fueling facility is no longer proposed to be constructed on the new Fire Station No. I site. Furthermore, no above-ground or below ground fuel storage tanks are proposed on the site of the new fire station or elsewhere within the Civic Center. Modifies Master Plan Drawing (Chapter 5) and Page 7-6 ..3-7 ( RESOLUTION NO, 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE DESIGN BUILD AGREEMENT WITH HIGHLAND PARTNERSHIP, INC. (HPI) FOR THE PROVISION OF SERVICES REQUIRED FOR THE DESIGN AND CONSTRUCTION OF RENOVATIONS TO THE CITY'S CIVIC CENTER COMPLEX PURSUANT TO THE AMENDED MASTER PLAN, AND APPROVING THE GUARANTEED MAXIMUM PRICE OF $33,904,000 FOR DESIGN/BUlLD SERVICES FOR THE RENOVATIONS OF THE CIVIC CENTER COMPLEX, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT TO THE AGREEMENT WHEREAS, on February 18, 2003, the City Council approved a Design Build Agreement with HPl and appropriated sufficient funds to undertake the design of the proj ect; and WHEREAS, since the execution of the Agreement, design activities on the project have proceeded; and WHEREAS, a number of substantive changes have been proposed with respect to the design of the complex that will result in higher costs than originally contemplated but ad significant value to the overall project; and WHEREAS, the modifications to the Master Plan and this first amendment modify the project to provide for the demolition and construction of a new City Hall and renovations to the Public Services Building and former Police Department; and WHEREAS, during the course of the design activities significant changes in scope have occurred and, the proposed Guaranteed Maximum Price is being recommended to increase to $33,904,000 which reflects all design costs, all hard construction costs, Design/Builder fees and Design/Build contingencies, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista does hereby approve the First Amendment to the Design Build Agreement with Highland Partnership, Inc. (HPl) for the provision of services required for the design and construction of renovations to the City's Civic Center Complex pursuant to the amended Master Plan, and approving the Guaranteed Maximum Price of$33,904,000 for Design/Build Services for the renovations of the Civic Center Complex, and authorizing the Mayor to execute said amendment to the agreement. Presented by Approved as to form by ~Idi+;kb A oore City Attorney Jack Griffin Director of General Services .I:Attomey/Rcso/amcndmcnUfirst amendment HPl 3-7;;)... JOINT CITY COUNCIUFINANCING AUTHORITY AGENDA STATEMENT Item Meeting Date 6/15/2004 4 ITEM TITLE: Public Hearing of the City Council of the City of Chula Vista and the Financing Authority to consider the execution, sale and delivery of certificates of participation in order to finance certain public capital improvements, Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $27,000,000 2004 Certificates of Participation, (Civic Center Complex Project - Phase 1), appropriating $14,207,022 from bond proceeds and $3,000,000 from the Public Facility Development Impact Fund (PFDIF) to the Civic Center Complex project (GG-139), and reimbursement up to $6,820,450 to the PFDIF Fund for monies previously spent on the project based on anticipated proceeds from the sale of the Certificates of Participation, and authorizing and directing certain actions In connection therewith. Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $12,000,0002004 Certificates of Participation, (Western Chula Vista Infrastructure Project), appropriating $9,000,000 from bond proceeds to the Western Chula Vista Infrastructure project (GG-188), and authorizing and directing certain actions In connection therewith, Resolution of the Chula Vista Public Financing Authority approving a lease/purchase agreement with the City of Chula Vista and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Civic Center Project - Phase 1) in a principal amount not to exceed $27,000,000, Resolution of the Chula Vista Public Financing Authority approving a lease/purchase agreement with the City of Chula Vista and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Western Chula Vista Infrastructure Project) in a principal amount not to exceed $12,000,000, SUBMITTED BY: Director of FinanCelTreasure~ 4-1 REVIEWED BY: City Manager (S.')t ~ Item 4- Page 2, Date 6/15/2004 (4/5ths Vote: Yes ]LNo _) SUMMARY: The Council has previously approved a capital project to renovate the Civic Center Complex, and directed staff to return with recommended long-term-financing, We anticipate two financing phases, The financinq plan discussed in this report is referred to as Phase 1 and includes fundin!:! for the first component of the Civic Center Complex renovation (Demolition and Construction of Citv Hall) and infrastructure improvements in Western Chula Vista, The infrastructure improvements, which are unrelated to the City Hall expansion, are included in this financing plan in order to save on issuance costs, Staff is recommending approval of a long-term borrowing by issuing Certificates of Participation in an amount not to exceed $39,000,000, The funding for the final two construction components will be brought back for Council consideration as Phase 2 of the financing plan in order to coincide with the construction timeline, RECOMMENDATION: Council: Conduct public hearing required by Government Code 6586,5, Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $27,000,000 2004 Certificates of Participation, (Civic Center Complex Project - Phase 1), appropriating $14,207,022 from bond proceeds and $3,000,000 from the Public Facility Development Impact Fund (PFDIF) to the Civic Center Complex project (GG-139), and reimbursement up to $6,820,450 to the PFDIF Fund for monies previously spent on the project based on anticipated proceeds from the sale of the Certificates of Participation, and authorizing and directing certain actions In connection therewith, Resolution of the City of Chula Vista making required findings authorizing the execution and delivery of documents relating to the sale and delivery of not to exceed $12,000,000 2004 Certificates of Participation, (Western Chula Vista Infrastructure Project), appropriating $9,000,000 from bond proceeds to the Western Chula Vista Infrastructure project (GG-188), and authorizing and directing certain actions In connection therewith, Financing Authority: Resolution of the Chula Vista Financing Authority approving a lease/purchase agreement with the City of Chula Vista and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Civic Center Project - Phase 1) in a principal amount not to exceed $27,000,000, Resolution of the Chula Vista Financing Authority approving a lease/purchase agreement with the City of Chula Vista 4-2 Item 1- Page 3, Date 6/15/2004 and certain other documents in connection with the execution and delivery of the 2004 Certificates of Participation, (Western Chula Vista Infrastructure Project) in a principal amount not to exceed $12,000,000, BOARDS/COMMISSIONS RECOMMENDATION: Not applicable DISCUSSION: The first component (Component A) of the Civic Center project will be the demolition and reconstruction of City Hall. The work contemplated in Component A of construction is the demolition of the existing 18,300 square foot City Hall Building, City Hall Is currently occupied by the offices for the Mayor and Council, City Manager, City Attorney, City Clerk, Office of Budget and Analysis and Human Resources, The new City Hall building will total 42,230 square feet and will be occupied by the Mayor and Council, Council Chambers, City Manager, City Attorney, City Clerk, Office of Budget and Analysis, Office of Public Information and Finance Department. Upon completion of City Hall, the second and third components of construction will begin, The Public Services Building (Component B) will be renovated followed by renovation of the former Police Department building (Component C), The Public Services Building will be renovated and slightly increased in size, The current building is 29,700 square feet in size and houses the Council Chambers, Finance Department, Planning Department and the Engineering Division of the General Services Department. The renovated building will total 30,562 square feet. The small increase of 862 square feet is due to the demolition of the Council Chambers and the "squaring off" of that corner of the building to make it more conducive for reuse as an office area, The renovated Public Services Building will be occupied by the Planning Department, the Community Development Department and the Engineering Division of the General Services Department. The former Police Department will be renovated but the square footage will not be altered (52,160 sq, ft,), The building is currently occupied by the Management and Information Systems Department. Upon completion of the renovations, the building will be occupied by the Human Resources Department, Recreation Department, portions of the Planning Department, portions of the Engineering Division of the General Services Department, the Management and Information Systems Department and the City's Credit Union. When this final renovation is complete, two other buildings, the Community Development Building and the Legislative Building will be demolished and parking will be added in that space, Also, throughout all of the components, various site work will be occurring as parking areas are constructed and relocated and a central landscaped plaza will be developed, The financing plan discussed in this report includes funding for Component A of the Civic Center Complex project. Staff will develop and return to Council with the second phase of financing for the final two construction components in order to coincide with the construction timeframe, q~..B 4- Item Page 4, Date 6/15/2004 The approved Civic Center Master Plan also included the relocation of existing Fire Station NO.1 to the site of the current Ken Lee Building, The Fire Station is not intended to be constructed along with the remainder of the Civic Center complex and is not included in this financing plan. Staff will return to Council at a future date when it appears that both funding and operational functionality require that the relocation of Fire Station No, 1 be considered for implementation, PFDIF Update During the most recent update of the Public Facility Development Impact Fee (November 2002), the cost of the renovation of the Civic Center (excluding Fire Station 1 and financing cost) was $34,798,333, Since then the total estimated project cost for the Civic Center Complex project (all Components excluding Fire Station 1 and financing cost) is $45,669,826, The increase in cost is attributed to insurance costs which were not included in the initial estimate ($3,4 million), increased construction costs ($8.8 million) related to the increased cost of steel, updated design costs and the relocation of the Council Chambers which will be included in the City Hall building itself and a net reduction in costs for permits, staff services and contingencies (-$1,3 million), The next PFDIF update will take into account the increased costs which will be somewhat offset by a PFDIF credit of $1,7 million related to the costs of Fire Station 1 which will now be funded by the General Fund or other appropriate non-development impact fees, It is staff's intention to present to the City Council an update of the PFDIF, not exclusively limited to the Civic Center component, upon the completion of City's General Plan update, City Hall Complex Renovation - Component A Component A of the project involves the demolition and reconstruction of City Hall to include new Council Chambers within City Hall and temporary renovations to the former Police Facility, which will house City Hall staff during the construction, The City has previously entered into a contract with Highland Partnership, Inc, for design/build services for the entire project. The total cost of Component A, excluding financing, is anticipated to be approximately $21,0 million, broken down as follows: Design of City Hall Renovations Design of Temporary Renovations to Current PD Development Staff Costs Design/Builders Fee (Design) Design/Builders Fee (Construction) Design Builders Reimbursables Construction Allowance Budgets General Conditions Demolition and Construction On-Site Improvements Construction Contingency Total Design Builder Costs ~-cf $ 1,299,000 $ 65,000 $ 120,000 $ 240,000 $ 535,000 $ 185,000 $ 750,000 $ 1,011,000 $ 9,204,000 $ 2,119,000 $ 904,000 $16,432,000 Item 4 Page 5, Date 6/15/2004 City Budgeted Allowances (Permits, Staff Time Furniture and Equipment, Project Management Services, Contingencies, Other Equipment $ 2,972,952 Project Insurance $ 1,622,520 Total Component A - City Hall Project $21,027,472 Western Chula Vista Infrastructure Proiect In order to focus on improving the infrastructure in western Chula Vista, a non-traditional approach will be implemented, Eastern Chula Vista has the revenue stream from development impact fees to provide the streets, parks and public safety facilities, Western Chula Vista Chula Vista does not have that revenue stream and has had to rely on more traditional funding sources for capital improvements such as Community Development Block Grant funds (CDBG), Included in this financing plan is $9,000,000 in project costs, which will be dedicated to fund various infrastructure improvements such as replacement/rehabilitation of corrugated metal pipe; drainage improvements; park renovation/development; and renovation of the Woman's Club, Residential construction tax funds will be used to finance the debt service commitment This project is independent of the Civic Center Project but included in this financing plan both for convenience and savings on cost of issuance, Western Chula Vista Infrastructure Project Proiect Descriptions Amount Women's Club Renovation $ 450,000 Otay Park Renovation $1,500,000 Emerson Street Drainage $ 730,000 Drainage Improvement $ 620,000 Corrugated Metal Pipe Replacement/Rehab, $ 3,000,000 Eucalyptus Park Reconstruction $ 2,700,000 Total Project Costs $ 9,000,000 Lona Term Financina On February 18, 2003, Council appropriated $3,820,450 from the PFDIF fund to finance the pre-construction costs of the Civic Center project Included in this staff report is a request for additional appropriations of $3,000,000 from development fees to permit the Civic Center project to continue while the City proceeds with long-term financing of the project, Currently, there are no appropriations for the Western Chula Vista Infrastructure project related to this financing plan, Staff is recommending that the existing appropriations from the PFDIF fund be reimbursed by borrowing additional funds due to the very low interest rates currently 4-s Item '" Page 6, Date 6/15/2004 available, Reimbursements will only be for funds expended at the time the bond proceeds become available, Any remaining funds will be deposited into the construction fund and used on project costs. The total cost of Component A, excludinq financinq costs, is anticipated to be approximately $21,027,472, The portion of the borrowing attributable to the development fee funding commitment is 83,1% or $17,473,829, with the remainder, 16,9% or $3,553,643 attributable to the City funding commitment. The project costs for the Western Chula Vista Infrastructure Project to be financed within this plan is $9,000,000, excludinq financinq costs, Debt service commitments will be funded from Residential Construction Tax revenue, which is paid in conjunction with the construction of new residential dwelling units at the time of building permit issuance, The funds can be utilized for a variety of municipal purposes including infrastructure improvements, park and recreation facilities and other capital improvements, Staff is recommending that long-term financing be obtained to provide approximately $30,027,472 for project costs, which is derived as follows: Funding Ratios Proiect Description Civic Center Renovation - Compo A Western Chula Vista Infrastructure Total Project Cost Proiect Cost 21,027,472 9,000,000 $ 30,027,472 Fundinq PFDIF 83, 1%/General Fund 16,9% RCT Fund 100% In December, 2000, the Council approved an agreement with Harrell & Co. Advisors, LLC to provide financial advisory services for determining the most appropriate borrowing structure and for executing long-term financing transactions to provide funding for both the Police Headquarters and Civic Center Remodeling projects, Harrell & Co, is recommending that the required funds for the Civic Center project be obtained through a standard competitively bid certificate of participation issue, which is a vehicle that the City/Agency has used in the past for financing such projects as the police facility, corporation yard, shopping center remodel, the downtown parking structure, etc, The typical structure is such that certain assets, are leased to a separate legal entity, in this case the City's Financing Authority, which then leases the assets back to the City, The Financing Authority then borrows money through the municipal market by causing the trustee bank to sell certificates of participation, which entitle the holder to a proportionate share of the City's lease payments (i.e. principal & interest), The lease payments from the City are established at a level sufficient to pay the debt service payments due to the certificate holders, In order to generate the $30,027,472 required to complete the funding of these projects, it is estimated under current market conditions that a borrowing of approximately $36,3 million will be necessary. It is estimated that for a Certificate issue of this size, with a 30- year final maturity, the total debt service will amount to approximately $72,5 million, which includes net financing cost of $36,2 million, This figure includes an estimated net interest cost of $32,5 million, capitalized interest cost of $2,7 million, an underwriter's discount of $357,150, an insurance premium of $434,725, miscellaneous costs of 4-' Item Page 7, Date 6/15/2004 4 issuance including financial advisory services, legal services, etc, of approximately $250,000, The semi-annual debt service (lease) payments that will begin in March 2007, will vary slightly year to year, but the average annual amount due is estimated at approximately $2,3 million ($1,6 million Civic Center Project - Phase 1 and $700,000 Western Chula Vista Infrastructure Project), Average Annual Debt Service Civic Center Proiect: PFDIF Fund (83,1%) General Fund (16,9%) Subtotal 1,329,600 270,400 $ 1,600,000 Western Chula Vista Infrastructure RCT Funds (100%) $ 700,000 Total Avg, Annual Debt Svc, $ 2,300,000 It is felt that these figures are somewhat conservative and that the actual costs should be less if market conditions remain fairly stable until the date of sale for the Certificates, As indicated previously, this amount is a shared commitment, funded by development fees, residential construction tax revenues and the General Fund, However, it must be noted that if at any time over the next 30 years, there are insufficient development fee revenues on hand to meet the debt service obligation related to the Civic Center Project or sufficient RCT funds to meet the debt service obligation of the Western Chula Vista Infrastructure project, the unmet obligation would fall to the General Fund, OutstandinQ Debt Although not considered a City "debt" in the strictly legal definition of the term, the annual lease payments for such a large borrowing will increase the total annual debt service commitment of the City's General Fund by almost 22% when the first full year payment is due in fiscal year 2006-07, At that time, it is projected that the General Fund annual debt service commitment will total approximately $12,5 million, or approximately 8% of the projected General Fund operating budget Viewed in isolation, this percentage would be considered moderately high for a local governmental entity, However, it must be noted that although this amount is truly a General Fund commitment, only $6,1 million is scheduled to actually be paid from General Fund resources, with the remaining $6.4 million scheduled to be paid from development fees, residential construction taxes etc" This $6,1 million represents approximately 4% of the projected General Fund operating budget, which would be considered more of an average debt burden for a local governmental entity, It should also be noted that the single largest annual debt service commitment of the General Fund is the $2,3 million payment on the Pension Obligation Bonds, which could easily be viewed as an operational expense categorized as q-7 Item 4 Page 8, Date 6/15/2004 personnel retirement, rather than debt service, thereby further reducing the "real" debt burden on the General Fund for comparison purposes, The financing-related resolutions approve the competitive sale of Certificates in a total amount not to exceed $39,000,000, and also, approve the Site Lease, Lease/Purchase Agreement, Preliminary Official Statement, Trust Agreement, and other necessary documents on file with the City Clerk, and authorize them to be executed and distributed in connection with the sale of the Certificates, In addition, the resolutions authorize the Director of Finance to solicit and obtain insurance on the transaction if it is found to be economically advantageous, Finally, the resolutions authorize staff to take all actions as may be necessary to close the transaction, including execution of all required closing documents, FISCAL IMPACT: Adoption of these resolutions will amend the CIP budget by appropriating $14,207,022 in bond proceeds and $3,000,000 from the PFDIF fund on the Civic Center project, $9,000,000 from bond proceeds on the Western Chula Vista Infrastructure project and the reimbursement of up to $6,820,450 to the Public Facilities Development Impact Fund for monies previously spent on the project, and recognize net long-term financing costs over a thirty year period of approximately $36,2 million, The ongoing fiscal impact based on debt service obligations will on average be approximately, $270,400 to the General Fund, $1,3 million to the PFDIF fund and $700,000 to the Residential Construction Fund, As previously mentioned, the General Fund guarantees that the debt service will be paid, If at any time insufficient funds are available in the PFDIF or RCT funds, the General Fund would be committed to fund the debt service obligation which will be approximately $2,3 million annually. The projected and recommended funding sources for the total of these projects and financing costs are as follows: Financing Summary Civic Center - ComDonent A PFDIF 83.1% General Fund 16.9% Total Civic Ctr. Gross Interest COI/Capitalized Interest Reserves Project Fund Total Costs 21,414,870 1,915,455 1,454,250 17,451,000 42,235,575 4,355,130 389,545 295,750 3,549,000 8,589,425 25,770,000 2,305,000 1,750,000 21,000,000 50,825,000 Western CV Infrast. Total 100% RCT All Projects 10,968,000 36,738,000 920,000 3,225,000 740,000 2,490,000 9,000,000 30,000,000 $ 21,628,000 $ 72,453,000 Net Financing Costs Net Debt Service Total Cost $ 21,187,176 $ $ 21,048,399 $ $ 42,235,575 $ 4,308,824 $ 25,496,000 $ 4,280,601 $ 25,329,000 $ 8,589,425 $ 50,825,000 $ 10,692,000 $ 36,188,000 10,936,000 $ 36,265,000 21,628,000 $ 72,453,000 4-<;' CITY COUNCIL CITY OF CHULA VISTA RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED $27,000,000 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I), APPROPRIATING $14,207,022 FROM PROCEEDS AND $3,000,000 FROM THE PUBLIC FACILITY DEVELOPMENT IMPACT FUND ("PFDIF") TO THE CIVIC CENTER COMPLEX PROJECT (GG-I39), AND REIMBURSING UP TO $6,820,450 TO THE PFDIF FUND FOR MONIES PREVIOUSLY SPENT ON THE PROJECT BASED ON ANTICIPATED PROCEEDS FROM THE SALE OF THE CERTIFICATES OF PARTICIPATION, AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and a chartered city duly organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"); and WHEREAS, the City desires to construct, reconstruct, modernize and equip the Civic Center for the City (the "Project"); and WHEREAS, the City wishes to finance the Project with the assistance of the Chula Vista Public Financing Authority (the "Authority") and authorize the sale of the 2004 Certificates of Participation (Civic Center Project - Phase I) (the "Certificates") under the Trust Agreement described below, and WHEREAS, the City, in order to facilitate the execution and delivery of the Certificates, the City intends to lease to the Authority certain real property described herein (the "Site") pursuant to a Site Lease (as defined below) and to lease the Site back from the Authority pursuant to the Lease (as defined below); and WHEREAS, the City has held a public hearing on the date hereof pursuant to Government Code Section 6586.5 following publication of notice not less than 5 days prior to the hearing, concerning the financing of the Project and the execution and delivery ofthe Certificates; and WHEREAS, the forms of the documents necessary to finance the Project and provide for the execution and delivery of the Certificates are on file with the City Clerk as described herein; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State to exist, to have happened and to have been performed precedent to and in connection with the consummation of the financing authorized hereby do exist, have happened and have been performed DOCSOC/I041927v8/24036-0029 4- - if in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve as follows: SECTION I. Findings. The City Council hereby specifically finds and declares that each of the statements, findings and determinations of the City set forth in the recitals set forth above and in the preambles of the documents approved herein are true and correct and that the financing of the Project will result in significant public benefits for the residents of the City of the type described in Government Code Section 6586 (a), (c) and (d). SECTION 2. Authorization of Certificates and Aoorooriations. The City Council hereby authorizes the financing all or a portion of the acquisition, construction, and installation of the Project through the preparation, sale and delivery of Certificates in an amount not to exceed $27,000,000. If the City requests that the Certificates be sold as a single series together with certificates of participation to renovate certain infrastructure improvements in the western portion of the City (the "Infrastructure Certificates"), then the authorized officers of the Authority are authorized and directed to take such actions as are necessary to implement a single financing plan utilizing a single set of the Agreements (as defined below) for such purpose. The City Council hereby appropriates $14,207,022 from proceeds ofthe Certificates and $3,000,000 from the Public Facility Development Impact Fund (the "PFDIF Fund") to the construction and installation of the Project and authorizes the reimbursement of up to $6,820,450 from proceeds of the Certificates to the PFDIF Fund for monies previously spent on the Project. SECTION 3. Lease/Purchase Agreement. The form of the Lease/Purchase Agreement dated as of July I, 2004 (the "Lease"), between the City and the Authority, presented to this meeting and on file with the City Clerk (the "Clerk"), is hereby approved. Each of the Mayor of the City (the "Mayor"), the City Manager of the City (the "City Manager") and the Director of Finance of the City (the "Director of Finance") or their designees (collectively, the "Authorized Officers"), is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. The property to be leased pursuant to the Lease (the "Site") to finance the Project shall consist ofthe Civic Center site. If the Certificates and the Infrastructure Certificates are sold as a single series of certificates of participation, there shall be added to the Site one or more City fire stations if needed to provide fair rental value for the combined series of certificates of participation. Each of the Authorized Officers is hereby authorized and directed to determine which of the City fire stations, if any, shall be included as a part of the Site as described above. SECTION 4. Site Lease. The form of the Site Lease, dated as of July I, 2004 (the "Site Lease"), between the Authority and the City, presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Site Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may 2 DOCSOC/I04 1 927v8l24036-0029 4-10 require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers, SECTION 5. Trust Agreement. The form of the Trust Agreement, dated as of July I, 2004 (the "Trust Agreement"), among the City, the Authority and the Trustee (defined below), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority and the Trustee the Trust Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the Trust Agreement may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. SECTION 6. Appointment of Trustee. BNY Western Trust Company is appointed trustee (the "Trustee") under the Trust Agreement. SECTION 7. Assignment Agreement. The Assignment Agreement, dated as of July 1,2004, between the Trustee and the Authority in the form on file with the Clerk is hereby approved for execution and delivery by the Authority. SECTION 8. Notice Inviting Bids. The form of the Notice Inviting Bids on file with the Clerk is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the Certificates the Notice Inviting Bids substantially in the form on file with the Clerk together with such changes thereto as the Director of Finance or her designee, approve. The Director of Finance and her designee are authorized, on behalf of the City, to accept the bid of the lowest responsible bidder for the Certificates provided that (a) the principal amount of the Certificates does not exceed $27,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together with the Infrastructure Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $27,000,000. The sale may be conducted through electronic means if the Director of Finance of the City, or her designee, determines that such process will assist the City in obtaining the lowest interest cost for the Project. SECTION 9. Bond Insurance. The Director of Finance and her designee are hereby authorized to (i) solicit bids on a municipal bond insurance policy, (ii) to negotiate the terms of such policy, (iii) to finalize the form of such policy with a municipal bond insurer and (iv) if it is determined that the policy will result in interest rate savings for the City, to pay the insurance premium off or policy from the proceeds of the sale of the Certificates. SECTION 10. Preliminary Official Statement. The form of the Preliminary Official Statement, presented to this meeting and on file with the Clerk, is hereby approved. The Director of Finance and her designee are hereby authorized to make such changes to the Preliminary Official Statement as are necessary to make it final as of its date and are authorized and directed to execute and deliver a certificate deeming the Preliminary Official Statement final as of its date in accordance with Rule I 5c2- I 2 promulgated under the Securities Exchange Act of 1934. Each of the Authorized 3 DOCSOC/I041927v8/24036-0029 4-11 Officers is hereby authorized and directed to execute, approve and deliver the final Official Statement in the form of the Preliminary Official Statement with such changes, insertions and omissions as the Authorized Officer or Officers executing said document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION I I. Continuing Disclosure Agreement. The form of the Continuing Disclosure Agreement, dated as of July I, 2004, between the City and the Trustee (the "Continuing Disclosure Agreement"), presented to this meeting 'and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Trustee the Continuing Disclosure Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing such document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more if such Authorized Officers. SECTION 12. Agencv Agreement. The form of the Agency Agreement, dated as of July I, 2004, between the City and the Authority (the "Agency Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Agency Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers, SECTION 13. Attestations. The Clerk and such person or persons as may have been designated by the Clerk to act on her behalf, are hereby authorized and directed to attest the signature of the Authorized Officers designated herein to execute any documents described herein, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease and the Official Statement. SECTION 14. Other Actions. The Authorized Officers are each hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which each may deem necessary or advisable (including the payment of a premium for a municipal bond insurance policy, a debt service surety bond, or other form of credit enhancement, and the payment of other costs of issuance approved by the Director of Finance or her designee) in order to consummate the sale, execution and delivery of the Certificates and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, the Certificates, the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease, the Preliminary Official Statement, and the Official Statement. Such actions heretofore taken by such officers or designees are hereby ratified, confirmed and approved. In the event that it is determined by the Director of Finance, or her designee, that there are limitations or restrictions on the ability of the City to lease any portion of the Site as contemplated by the Site Lease and the Lease, the Director of Finance, or her designee, may designate other real property of the City to be leased pursuant to the Site Lease and the Lease with such designation to be conclusively evidenced by the execution and delivery of the Site Lease and the Lease by one or more of the Authorized Officers. 4 DOCSOCIl 04 1 927v8/24036-0029 4-1'2- SECTION 15, Effect. This Resolution shall take effect immediately upon its passage, Presented by Approved as to form by Maria Kachadoorian Director of Finance J:\attomey\reso\finance\Civic Ccnter- Phase J Project 5 DOCSOCIl 041927v7/24036.0029 4-13 I/PA' CITY COUNCIL CITY OF CHULA VISTA RESOLUTION NO. RESOLUTION OF THE CITY OF CHULA VISTA MAKING REQUIRED FINDINGS AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATING TO THE SALE AND DELIVERY OF NOT TO EXCEED $12,000,000 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT), APPROPRIATING $9,000,000 FROM PROCEEDS TO THE WESTERN CHULA VISTA INFRASTRUCTURE PROJECT (GG-188), AND AUTHORIZING CERTAIN DOCUMENTS AND DIRECTING CERTAIN ACTIONS IN CONNECTION THEREWITH WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and a chartered city duly organized and existing under and pursuant to the Constitution and laws of the State of California (the "State"); and WHEREAS, the City desires to install and to renovate certain infrastructure improvements in the western portion of the City including street, drainage and park improvements (collectively, the "Project"); and WHEREAS, the City wishes to finance the Project with the assistance of the Chula Vista Public Financing Authority (the "Authority") and authorize the sale of the 2004 Certificates of Participation (Western Chula Vista Infrastructure Project) (the "Certificates") under the Trust Agreement described below, and WHEREAS, the City, in order to facilitate the execution and delivery ofthe Certificates, the City intends to lease to the Authority certain real property described herein (the "Site") pursuant to a Site Lease (as defined below) and to lease the Site back from the Authority pursuant to the Lease (as defined below); and WHEREAS, the City has held a public hearing on the date hereof pursuant to Government Code Section 6586.5 following publication of notice not less than 5 days prior to the hearing, concerning the financing of the Project and the execution and delivery of the Certificates; and WHEREAS, the forms of the documents necessary to finance the Project and provide for the execution and delivery of the Certificates are on file with the City Clerk as described herein; and WHEREAS, all acts, conditions and things required by the Constitution and laws of the State to exist, to have happened and to have been performed precedent to and in connection with the consummation ofthe financing authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the City is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such financing for the purpose, in the manner and upon the terms herein provided; DOCSOC/I049550v3/24036-0029 4-14 NOW, THEREFORE, the City Council of the City of Chula Vista does hereby resolve as follows: SECTION I. Findings. The City Council hereby specifically finds and declares that each of the statements, findings and determinations of the City set forth in the recitals set forth above and in the preambles of the documents approved herein are true and correct and that the financing of the Project will result in significant public benefits for the residents of the City of the type described in Government Code Section 6586 (a), (c) and (d). SECTION 2. Authorization of Certificates and Appropriation of Funds. The City Council hereby authorizes the financing all or a portion of the acquisition, construction, and installation of the Project through the preparation, sale and delivery of Certificates in an amount not to exceed $12,000,000. In the event that the City Council approves the execution and delivery of the 2004 Certificates of Participation (Civic Center Project - Phase I) (the "Civic Center Phase I Certificates"), then the Certificates and the Civic Center Phase I Certificates may be combined into a single series of certificates of participation and be sold together as directed by the City Manager, the Director of Finance or their designees, and a single set of the financing documents described herein shall be used for the combined series. In the event that Civic Center Phase I Certificates are not approved by the City Council, then the Certificates shall be sold separately in accordance with this Resolution. The City Council hereby appropriates $9,000,000 of proceeds of the Certificates to the construction and installation of the Project. SECTION 3. Lease/Purchase Agreement. The form of the Lease/Purchase Agreement dated as of July I, 2004 (the "Lease"), between the City and the Authority, presented to this meeting and on file with the City Clerk (the "Clerk"), is hereby approved. Each of the Mayor of the City (the "Mayor"), the City Manager of the City (the "City Manager") and the Director of Finance of the City (the "Director of Finance") or their designees (collectively, the "Authorized Officers"), is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. The property to be leased pursuant to the Lease (the "Site") shall consist of (i) the Civic Center site if the Certificates are being sold together with the Civic Center Phase I Certificates and, (ii) if the Certificates are being sold separately or if needed to provide the fair rental value required to finance the Project improvements, one or more City fire stations. Each ofthe Authorized Officers is hereby authorized and directed to determine which of the City fire stations, if any, shall be included as a part of the Site as described above. SECTION 4. Site Lease. The form of the Site Lease, dated as of July I, 2004 (the "Site Lease"), between the Authority and the City, presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Site Lease in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. 2 DOCSOC/1049550v3/24036.0029 4-/~ SECTION 5. Trust Agreement. The form of the Trust Agreement, dated as of July 1, 2004 (the "Trust Agreement"), among the City, the Authority and the Trustee (defined below), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority and the Trustee the Trust Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the Trust Agreement may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the Authorized Officers. SECTION 6. Appointment of Trustee. BNY Western Trust Company is appointed trustee (the "Trustee") under the Trust Agreement. SECTION 7. Assignment Agreement. The Assignment Agreement, dated as of July I, 2004, between the Trustee and the Authority in the form on file with the Clerk is hereby approved for execution and delivery by the Authority. SECTION 8. Notice Inviting Bids. The form of the Notice Inviting Bids on file with the Clerk is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the Certificates the Notice Inviting Bids substantially in the form on file with the Clerk together with such changes thereto as the Director of Finance or her designee, approve. The Director of Finance and her designee are authorized, on behalf of the City, to accept the bid of the lowest responsible bidder for the Certificates provided that (a) the principal amount of the Certificates does not exceed $12,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7,0% per annum. In the event that the Certificates are sold together with the Civic Center Phase I Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $12,000,000. The sale may be conducted through electronic means if the Director of Finance of the City, or her designee, determines that such process will assist the City in oblaining the lowest interest cost for the Project. SECTION 9. Bond Insurance. The Director of Finance and her desigoee are hereby authorized to (i) solicit bids on a municipal bond insurance policy, (ii) to negotiate the terms of such policy, (iii) to finalize the form of such policy with a municipal bond insurer and (iv) if it is determined that the policy will result in interest rate savings for the City, to pay the insurance premium of for policy from the proceeds of the sale of the Certificates. SECTION 10. Preliminary Official Statement. The form of the Preliminary Official Statement, presented to this meeting and on file with the Clerk, is hereby approved. The Director of Finance and her desigoee are hereby authorized to make such changes to the Preliminary Official Statement as are necessary to make it final as of its date and are authorized and directed to execute and deliver a certificate deeming the Preliminary Official Slatement final as of its date in accordance with Rule l5c2-l2 promulgated under the Securities Exchange Act of 1934. Each of the Authorized Officers is hereby authorized and directed to execute, approve and deliver the final Official Statement in the form of the Preliminary Official Statement with such changes, insertions and omissions as the Authorized Officer or Officers executing said document may require or approve, 3 DOCSOC/I049550v3/24036.0029 4-1'- such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION I L Continuing Disclosure Agreement. The form of the Continuing Disclosure Agreement, dated as of July 1, 2004, between the City and the Trustee (the "Continuing Disclosure Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Trustee the Continuing Disclosure Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing such document may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more if such Authorized Officers. SECTION 12. Agencv Agreement. The form of the Agency Agreement, dated as of July I, 2004, between the City and the Authority (the "Agency Agreement"), presented to this meeting and on file with the Clerk, is hereby approved. Each of the Authorized Officers is hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver to the Authority the Agency Agreement in substantially said form, with such changes therein as the Authorized Officer or Officers executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of such Authorized Officers. SECTION 13. Attestations. The Clerk and such person or persons as may have been designated by the Clerk to act on her behalf, are hereby authorized and directed to attest the signature of the Authorized Officers designated herein to execute any documents described herein, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease and the Official Statement. SECTION 14. Other Actions. The Authorized Officers are each hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which each may deem necessary or advisable (including the payment of a premium for a municipal bond insurance policy, a debt service surety bond, or other form of credit enhancement, and the payment of other costs of issuance approved by the Director of Finance or her designee) in order to consummate the sale, execution and delivery of the Certificates and otherwise to carry out, give effect to and comply with the terms and intent of this Resolution, the Certificates, the Lease, the Trust Agreement, the Continuing Disclosure Agreement, the Site Lease, the Preliminary Official Statement, and the Official Statement. Such actions heretofore taken by such officers or designees are hereby ratified, confirmed and approved. In the event that it is determined by the Director of Finance, or her designee, that there are limitations or restrictions on the ability of the City to lease any portion of the Site as contemplated by the Site Lease and the Lease, the Director of Finance, or her designee, may designate other real property of the City to be leased pursuant to the Site Lease and the Lease with such designation to be conclusively evidenced by the execution and delivery of the Site Lease and the Lease by one or more of the Authorized Officers. SECTION 15. Effect. This Resolution shall take effect immediately upon its passage. Presented by Approved as to form by /at Maria Kachadoorian Director of Finance DOCSOC/I049550v3/24036-0029 4-/7 4 RESOLUTION NO. CHULA VISTA PUBLIC FINANCING AUTHORITY RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN A PRINCIPAL AMOUNT NOT TO EXCEED $27,000,000 WHEREAS, the Chula Vista Public Financing Authority (the "Authority") is a joint exercise of powers authority organized and existing under Article 4 of Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "JPA Act") with the authority to assist in the financing of the construction, reconstruction, modernization and equipping of certain capital improvements on behalf ofthe City of Chula Vista (the "City"); and WHEREAS, in order to finance the construction, reconstruction, modernization and equipping of the Civic Center for the City (the "Project"), the Authority and the City have detennined that it would be in the best interests of the Authority, the City and residents of the City to authorize the preparation, sale and delivery ofthe 2004 Certificates of Participation (Civic Center Project - Phase I) in an aggregate principal amount not to exceed $27,000,000 (the "Certificates"), which Certificates evidence fractional interests in certain lease payments to be made pursuant to the Lease (as defined below); and WHEREAS, in order to facilitate the execution and delivery of the Certificates, the City and the Authority desire to enter into a Site Lease between the City and the Authority (the "Site Lease") and a Lease/Purchase Agreement between the City and the Authority (the "Lease"), the fonns of which have been presented to this Board of Directors at the meeting at which this Resolution is being adopted and pursuant to which the City will under the Site Lease lease the Civic Center site (the "Property") to the Authority and under the Lease will lease the Property back from the Authority and pay certain Lease Payments (as defined in the Lease); and WHEREAS, the Certificates will be executed and delivered to the owners thereof pursuant to a Trust Agreement among BNY Western Trust Company (the "Trustee"), the City and the Authority (the "Trust Agreement"), the fonn of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the Authority desires to assigo its right to receive such Lease Payments from the City to the Trustee pursuant to an Assigoment Agreement between the Authority and the Trustee (the "Assignment Agreement"), the fonn of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and DOCSOCIl 041930v8/24036-0029 4-1 r WHEREAS, the Authority desires to appoint the City as its agent for the purposes of the acquisition, construction, delivery and installation of the Project pursuant to an Agency Agreement between the Authority and the City (the "Agency Agreement"), the fonn of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the City Council of the City has held a public hearing on the date hereof pursuant to Section 6586.5 of the lPA Act, and the City Council has found that the financing of the Project, including the execution and delivery of the Certificates by the Authority, will result in significant public benefits for the residents of the City; and WHEREAS, the Authority has detennined and hereby finds that the Authority's assistance in financing the Project by the execution and delivery of the Certificates by the Authority will result in significant public benefits of the type described in Section 6586 (a), (c) and (d), inclusive, of the lPA Act; and WHEREAS, there has been presented to this Board of Directors at the meeting at which this Resolution is being adopted the fonn of a Notice Inviting Bids pursuant to which the Certificates will be sold; and NOW, THEREFORE, the Board of Directors of the Authority does hereby resolve as follows: SECTION I. Certificates. This Board of Directors hereby authorizes the preparation, sale and delivery ofthe Certificates in an aggregate principal amount not to exceed $27,000,000 in accordance with the tenns and provisions ofthe Trust Agreement. The purposes for which the proceeds ofthe sale of the Certificates shall be expended are to pay all or a portion of the costs the Project, to fund capitalized interest due with respect to the Certificates, to purchase a reserve fund surety bond or to fund a reserve fund, and to pay the costs of the sale and delivery of the Certificates. If the City requests that the Certificates be sold as a single series together with certificates of participation to install and renovate infrastructure improvements in the western portion of the City (the "Infrastructure Certificates"), then the authorized officers of the Authority are authorized and directed to take such actions as are necessary to implement a single financing plan utilizing a single set of the Agreements (as defined below) for such purpose. SECTION 2. Certificate Documents. The Site Lease, the Lease, the Trust Agreement, the Assignment Agreement and the Agency Agreement (collectively, the "Agreements") presented at this meeting are approved. Each ofthe Chair, Vice Chair, Executive Director, Chief Financial Officer and Secretary ofthe Authority, or the Chair's designee, are authorized and directed to execute and deliver the Agreements. The Agreements shall be executed in substantially the fonns hereby approved, with such additions thereto and changes therein as are recommended or approved by counsel to the Authority and approved by the officer or officers of the Authority executing the Agreements, such approval to be conclusively evidenced by the execution and delivery thereof by one or more ofthe officers listed above. SECTION 3. Notice Inviting Bids. The fonn of the Notice Inviting Bids is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short fonn of the Notice Inviting Bids and to mail to prospective purchasers of the 2 DOCSOC/ I 041930v8/24036-0029 4-1'1 Certificates the Notice Inviting Bids substantially in the form on file with the Secretary, together with such changes thereto as the Executive Director, the Chief Financial Officer or their designees approve. The City Manager of the City is authorized to accept the bid of the lowest responsible bidder for the Certificates providing that (a) the principal amount of the Certificates does not exceed $27,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together with the Infrastructure Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $27,000,000. SECTION 4. Other Actions. The Chair, Vice Chair, Executive Director, Chief Financial Officer, Secretary and other officers of the Authority are authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale and delivery of the Certificates, and the execution of the Agreements and otherwise effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 5. Effect. This Resolution shall take effect from and after its date of adoption. Presented by Approved as to form by Maria Kachadoorian Director of Finance /JdP J:\attorney\reso\financc\PF A Civic Center Project 3 DOCSOC/1 041930v8/24036-0029 4-20 RESOLUTION NO. CHULA VISTA PUBLIC FINANCING AUTHORITY RESOLUTION OF THE CHULA VISTA PUBLIC FINANCING AUTHORITY APPROVING A LEASE/PURCHASE AGREEMENT WITH THE CITY OF CHULA VISTA AND CERTAIN OTHER DOCUMENTS IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THE 2004 CERTIFICATES OF PARTICIPATION (WESTERN CHULA VISTA INFRASTRUCTURE PROJECT) IN A PRINCIPAL AMOUNT NOT TO EXCEED $12,000,000 WHEREAS, the Chula Vista Public Financing Authority (the "Authority") is a joint exercise of powers authority organized and existing under Article 4 of Chapter 5 of Division 7 of Title I of the Government Code of the State of California (the "JPA Act") with the authority to assist in the financing of the construction, reconstruction, modernization and equipping of certain capital improvements on behalf of the City ofChula Vista (the "City"); and WHEREAS, in order to finance the installation and renovation of certain infrastructure improvements in the western portion of the City including street, drainage and park improvements (the "Project"), the Authority and the City have determined that it would be in the best interests of the Authority, the City and residents of the City to authorize the preparation, sale and delivery of the 2004 Certificates of Participation (Western Chula Vista Infrastructure Project) in an aggregate principal amount not to exceed $ I 2,000,000 (the "Certificates"), which Certificates evidence fractional interests in certain lease payments to be made pursuant to the Lease (as defined below); and WHEREAS, in order to facilitate the execution and delivery of the Certificates, the City and the Authority desire to enter into a Site Lease between the City and the Authority (the "Site Lease") and a Lease/Purchase Agreement between the City and the Authority (the "Lease"), the forms of which have been presented to this Board of Directors at the meeting at which this Resolution is being adopted and pursuant to which the City will under the Site Lease lease certain real property determined by the City to be sufficient to provide the fair rental value required to finance the Project (collectively, the "Property") to the Authority and under the Lease will lease the Property back from the Authority and pay certain Lease Payments (as defined in the Lease); and WHEREAS, the Certificates will be executed and delivered to the owners thereof pursuant to a Trust Agreement among BNY Western Trust Company (the "Trustee"), the City and the Authority (the "Trust Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the Authority desires to assign its right to receive such Lease Payments from the City to the Trustee pursuant to an Assignment Agreement between the Authority and the Trustee (the "Assignment Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and DOCSOC/I049547v3/24036-0029 4-2..( WHEREAS, the Authority desires to appoint the City as its agent for the purposes of the acquisition, construction, delivery and installation of the Project pursuant to an Agency Agreement between the Authority and the City (the "Agency Agreement"), the form of which has been presented to this Board of Directors at the meeting at which this Resolution is being adopted; and WHEREAS, the City Council of the City has held a public hearing on the date hereof pursuant to Section 6586.5 of the lPA Act, and the City Council has found that the financing of the Project, including the execution and delivery of the Certificates by the Authority, will result in significant public benefits for the residents of the City; and WHEREAS, the Authority has determined and hereby finds that the Authority's assistance in financing the Project by the execution and delivery of the Certificates by the Authority will result in significant public benefits of the type described in Section 6586 (a), (c) and (d), inclusive, of the lPA Act; and WHEREAS, there has been presented to this Board of Directors at the meeting at which this Resolution is being adopted the form of a Notice Inviting Bids pursuant to which the Certificates will be sold; and NOW, THEREFORE, the Board of Directors of the Authority does hereby resolve as follows: SECTION I. Certificates. This Board of Directors hereby authorizes the preparation, sale and delivery of the Certificates in an aggregate principal amount not to exceed $12,000,000 in accordance with the terms and provisions of the Trust Agreement. The purposes for which the proceeds of the sale ofthe Certificates shall be expended are to pay all or a portion of the costs the Project, to fund capitalized interest due with respect to the Certificates, to purchase a reserve fund surety bond or to fund a reserve fund, and to pay the costs of the sale and delivery of the Certificates. If the City requests that the Certificates be sold as a single series together with certificates of participation to renovate the Civic Center (the "Civic Center Phase I Certificates"), then the authorized officers of the Authority are authorized and directed to take such actions as are necessary to implement a single financing plan utilizing a single set of the Agreements (as defined below) for such purpose. SECTION 2. Certificate Documents. The Site Lease, the Lease, the Trust Agreement, the Assignment Agreement and the Agency Agreement (collectively, the "Agreements") presented at this meeting are approved. Each of the Chair, Vice Chair, Executive Director, Chief Financial Officer and Secretary of the Authority, or the Chair's designee, are authorized and directed to execute and deliver the Agreements. The Agreements shall be executed in substantially the forms hereby approved, with such additions thereto and changes therein as are recommended or approved by counsel to the Authority and approved by the officer or officers of the Authority executing the Agreements, such approval to be conclusively evidenced by the execution and delivery thereof by one or more of the officers listed above. SECTION 3. Notice Inviting Bids. The form of the Notice Inviting Bids is approved and the City's Financial Advisor is authorized to solicit bids for the sale of the Certificates by publishing once in a newspaper of general circulation in the State of California, not less than 15 days prior to receipt of bids, a short form of the Notice Inviting Bids and to mail to prospective purchasers of the DOCSOC/l 04954 7v3/24036-0029 2 4- -:2. -;... Certificates the Notice Inviting Bids substantially in the form on file with the Secretary, together with such changes thereto as the Executive Director, the Chief Financial Officer or their designees approve. The City Manager of the City is authorized to accept the bid of the lowest responsible bidder for the Certificates providing that (a) the principal amount of the Certificates does not exceed $12,000,000 and (b) the true interest cost of the Certificates as calculated by the City's Financial Advisor does not exceed 7.0% per annum. In the event that the Certificates are sold together with the Civic Center Phase I Certificates as a single series of certificates of participation, the portion of the combined series allocable to the Project as calculated by the City's Financial Advisor shall not exceed $12,000,000. SECTION 4. Other Actions. The Chair, Vice Chair, Executive Director, Chief Financial Officer, Secretary and other officers of the Authority are authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to consummate the sale and delivery of the Certificates, and the execution of the Agreements and otherwise effectuate the purposes of this Resolution, and such actions previously taken by such officers are hereby ratified and confirmed. SECTION 5. Effect. This Resolution shall take effect from and after its date of adoption. Presented by Approved as to form by ~~/jA A Moore ity Attorney Maria Kachadoorian Director of Finance J:\attomey\rcso\llnance\PFA Western CV Infrastructure Project DOCSOC/l 04954 7v3/24036-0029 3 4-'<'.3 Page I of I NOTICE OF PUBUC HfARING NOTICE IS HEREBY GIV EN the City of Chu- la Vista, Callfomla (the "City") will hold a pub- lic hea"ing at 6: 0) pm on J une ~ :a::D4, 01' as soon tlleI-eaftet- as the mattel- can be COl'lSld- en:.<l, in the City Council Chamb€'l-s of the City lo- cated at 2i6 F Olll"tll A v- etlUe, Chula Vista, Cali- fornia 9191Q at which time the City COllIlCil of tile City of Chula Vista will consld€'l- public tes- timony co/lCet-ning tile possible execution, sale and delivery of cet-tifl- cates of partiel p<.ltlOll with assistance of the Chula Vista Public F i- nan<-ing AUtllC,.-lty In 01'- det- to fil1<.lllCe cet-tain public capital imp.-ove- nlellts, irlClucllng (I) tile construction, recOll- struction, moderniza- tion and equipping of tile Civic Cetltet. com- plex, and (Ii) miscella- 11eOllS c~lpital Imp,-ove- nlents in tile westet-n portiO/l of the City, in- cluding stl-eet, drainage and park imp.-ove- nlellts. Dated: J Ulle 4, 2OJ4 cnv OF CHULA VISTA By: fs/9..lSan Bigelow City Clet'k file:! /C:\Documents%20and%20Settings\maryd\Local%20Settings\ T e", 6/13/2004 JOINT REDEVELOPMENT AGENCY/HOUSING AUTHORITY/COUNCIL AGENDA STATEMENT Item Meeting Date S 6/15/03 ITEM TITLE: Public Hearing: Consideration and Adoption of the Operating and Capital Improvement Budgets for the City. Redevelopment Agency and the Housing Authority for the Fiscal Year Ending June 30. 2005 Council Resolution: Resolution Adopting the Operating and Capital Improvement Budgets for the City of Chula Vista for Fiscal Year 2005 and Appropriating Funds Therefore Redevelopment Agency/Housing Authority Resolution: Resolution Adopting the Operating and Capital Improvement Budgets for the Redevelopment Agency and Housing Authority excluding the Bayfront/Towne Center I and Southwest/Towne Center II Otay Valley Project Areas for Fiscal Year 2005 and Appropriating Funds Therefore Redevelopment Agency Resolution: Resolution Adopting the Operating and Capital Improvement Budgets for the Bayfront/Towne Center I Project Area for Fiscal Year 2005 and Appropriating Funds Therefore Redevelopment Agency Resolution: Resolution Adopting the Operating and Capital Improvement Budgets for the Southwest/Towne Center II Otay Valley Project Area for Fiscal Year 2005 and Appropriating Funds Therefore SUBMITTED BY: Assistant Director of u get & Analysis ~ /5ths Vote: Yes No----.X.,J REVIEWED BY: s-/ Page 2, Item Meeting Date 6/15/03 ~ The City Council has received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating budgets for the Redevelopment Agency and Housing Authority for the fiscal year ending June 30, 2005. Two work sessions were held to consider and deliberate on the recommendations contained in the FY 2004-05 Proposed Budget. The budget submitted at this time for formal adoption represents the City Manager's initial proposed budget amended to reflect a) changes adopted by Council since the proposed budget was printed and b) various additional staff recommendations. RECOMMENDATION: Accept any public testimony, approve the resolutions adopting the fiscal year 2005 Operating and Capital Project Budgets as amended, and appropriating the various sources of funding for the purposes indicated for the fiscal year ending June 30, 2005. BOARDS & COMMISSION RECOMMENDATION: Not Applicable DISCUSSION: The City Manager presented the proposed Operating and Capital Improvement Budgets for fiscal year 2005 to the City Council for consideration on May 21, 2004. The proposed FY 2004-05 budget for all Funds, including Capital Projects totaled $274.4 million. Included in this total is the General Fund budget totaling $137.7 million. The Proposed Budget also included the recommended spending allocations for Capital Improvements $35.1 million, and Redevelopment Agency/Housing Authority Funds totaling $11.4 million. The Council held workshops on June 1, and June 2 to receive staff presentations on significant budget issues and to deliberate on any and all areas of the City Manager's proposal. Attachment A of the draft City Council resolution summarizes the final spending plan submitted for adoption as the fiscal year 2004-05 budget. The dollar amounts shown include all amendments and/or adjustments approved by Council subsequent to the printing of the Proposed Budget as well as additional amendments being recommended by staff at this time. Attachment B provides a summary of these changes. These amendments are being submitted with this agenda item to Council for approval in the final Adopted Budget. Inclusive of these amendments, the final All Funds Budget submitted totals $272.3 million for fiscal year 2004-05 and includes a General Fund budget of $138.5 million. The All Funds Budget also includes spending allocations for Capital Improvements $32.1, and Redevelopment Agency/Housing Authority funds in the amount of $11.5 million. S"-;).. Page 3, Item Meeting Date 6/15/03 5 Estimated all funds revenues (Attachment C) total $264.3 million. The difference between all funds expenditures and revenues will be funded through existing non-Qeneral fund reserves. The General Fund operating budget is funded in total by estimated revenues, with no expected impact on available General Fund reserves. Finally, a list of all recommended personnel changes included in the final proposed budget are included as Attachment D. FISCAL IMPACT: Approval of the City Manager's proposed budget as amended results in the creation of the FY 2004-05 Adopted Budget and formally appropriates $272.3 million in funding for specific activities for the fiscal year ending June 30, 2005. This amount includes a General Fund budget of $138.5 million, a Capital Improvements budget of $32.1 million, and a Redevelopment Agency/Housing Authority budget of $11.5 million. 5-3 RESOLUTION NO, 2004- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CITY OF CHULA VISTA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City Council of the City of Chula Vista received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating and capital improvement budgets for the Redevelopment Agency and Housing Authority for the fiscal years ending June 30,2005; and WHEREAS, two work sessions were held to consider and deliberate on the recommendations contained in those initial documents; and WHEREAS, the budgets submitted for adoption represent the City Manager's initial spending plan as amended to reflect changes adopted by Council since the proposed budget was printed as well as various additional staff recommendations; and WHEREAS, a public hearing on the budgets was noticed and held as required by the City Charter, and all public testimony was received and considered, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby adopt the Operating and Capital Improvement Budgets for the City of Chula Vista for Fiscal Year 2005. BE IT FURTHER RESOLVED that the City Council approve the appropriation of funds for Fiscal Year ending June 30, 2005 as specified in Attachment A based on revenues listed in Attachment C and authorize personnel changes as presented in Attachment D. Presented by Approved as to form by ~(..J Edward Van Eenoo Assistant Director of Budget and Analysis Ann Moore City Attorney S-4- RESOLUTION NO, 2004- RESOLUTION OF THE REDEVELOPMENT AGENCY/HOUSING AUTHORITY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE REDEVELOPMENT AGENCY AND HOUSING AUTHORITY EXCLUDING THE BAYFRONTfTOWNE CENTER I AND SOUTHWESTfTOWNE CENTER II OTAY VALLEY PROJECT AREAS FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City Council of the City of Chula Vista received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating and capital improvement budgets for the Redevelopment Agency and Housing Authority for the fiscal years ending June 30,2005; and WHEREAS, two work sessions were held to consider and deliberate on the recommendations contained in those initial documents; and WHEREAS, the budgets submitted for adoption represent the City Manager's initial spending plan as amended to reflect changes adopted by Council since the proposed budget was printed as well as various additional staff recommendations; and WHEREAS, a public hearing on the budgets was noticed and held as required by the City Charter, and all public testimony was received and considered, NOW, THEREFORE, BE IT RESOLVED that the Redevelopment/Housing Authority of the City of Chula Vista does hereby adopt the Operating and Capital Improvement Budgets for the Redevelopment Agency and Housing Authority excluding the BayfrontITowne Center I and SouthwestITowne Center II Otay Valley Project Areas for Fiscal Year 2005. BE IT FURTHER RESOLVED that the Redevelopment Agency/Housing Authority approve the appropriation of funds for Fiscal Year ending June 30, 2005 as specified in Attachment A (excluding the BayfrontITowne Center I and SouthwestITowne Center II Otay Valley Project Areas). Presented by Approved as to form by Do---- "7. H-.: Edward Van Eenoo Assistant Director of Budget and Analysis Ann Moore City Attorney s-S" RESOLUTION NO. 2004- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE BAYFRONTI TOWNE CENTER I PROJECT AREA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City Council of the City of Chula Vista received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating and capital improvement budgets for the Redevelopment Agency and Housing Authority for the fiscal years ending June 30,2005;and WHEREAS, two work sessions were held to consider and deliberate on the recommendations contained in those initial documents; and WHEREAS, the budgets submitted for adoption represent the City Manager's initial spending plan as amended to reflect changes adopted by Council since the proposed budget was printed as well as various additional staff recommendations; and WHEREAS, a public hearing on the budgets was noticed and held as required by the City Charter, and all public testimony was received and considered. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby adopt the Operating and Capital Improvement Budgets for the Bayfront/Towne Center I project area for Fiscal Year 2005. BE IT FURTHER RESOLVED that the Redevelopment Agency approve the appropriation of funds for the Bayfront/Towne Center I project area for the Fiscal Year ending June 30, 2005 as specified in Attachment A. Presented by Approved as to form by Do.--"7. 4 - Edward Van Eenoo Assistant Director of Budget and Analysis Ann Moore City Attorney 5"-'- RESOLUTION NO, 2004- RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE SOUTHWESTfTOWNE CENTER II OTAY VALLEY PROJECT AREA FOR FISCAL YEAR 2005 AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City Council of the City of Chula Vista received and considered the City Manager's proposed operating and capital improvement budgets for the City and the operating and capital improvement budgets for the Redevelopment Agency and Housing Authority for the fiscal years ending June 30, 2005; and WHEREAS, two work sessions were held to consider and deliberate on the recommendations contained in those initial documents; and WHEREAS, the budgets submitted for adoption represent the City Manager's initial spending plan as amended to reflect changes adopted by Council since the proposed budget was printed as well as various additional staff recommendations; and WHEREAS, a public hearing on the budgets was noticed and held as required by the City Charter, and all public testimony was received and considered. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby adopt the Operating and Capital Improvement Budgets for the Southwest/Towne Center II Otay Valley project area for Fiscal Year 2005. BE IT FURTHER RESOLVED that the Redevelopment Agency approve the appropriation of funds for the Southwest/Towne Center II Otay Valley project area for the Fiscal Year ending June 30, 2005 as specified in Attachment A, Presented by Approved as to form by :Do- 7, IJ- Edward Van Eenoo Assistant Director of Budget and Analysis Ann Moore City Attorney oS-I wwwwww~w~~~w~~~~~~~~~~~~~~~ ~~~~~~~~~W ~f~~~~~~~~~~~~~~ om", ~ ~ ~ m w'< ~(j) fir 22 ^< ~ m c. m ;;:: r @ ~. ~ o ~ c. !e:~@ ::I, ~"2, O-C'l ::I :!:CDtC 00 !e:!e: '" ~g03:r~~~~Bsag>~.g'~~ CI 3 )>)> (1) :r OJ g ::E ::I ~ g CIl 3(1)rI<CloG'l:::l~^~~CD i"'D41S? 0 ~ ~ I~en~cr.)(')S: s: CD S ~ ~ C'l -, 0 w CD ~ CD 0 W ;:lJ< ~ QoS'<e5 6i S'S,CD::E ffi ~ :r Q;! 3 S;:CC ~)>~' AI ~ (; ~ CD <0 Alg g,~m,g:iJ~ AI~ ~ ~ ;:: ^ -", CD 0 ...., CD CD:=;: 0: CD C'l G'l ::1....,....,::1, 0 ::I < m 0::1 S;:@ 8mG'l~~ffi~- ::I.....)> =:J 33@ W c;:lJ Qo:4. 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"'.. :;: "'''' ~ 0 "''''<D 0 0 0 000 00 0 0'" '" 0 0"'''' W<D <D '" "'''' '" ~ O<D ".. 00 0 000 00 0 0 ~ w -.. '" '" .. w '" w '" .. '" '" '" .. 0, .. :::i '" '" w '" 0 .. '" '" !" .. 0, " :::i W .. " ~" 0" 8~ 0'" '" ~ '" '" 0 0 "00 000 000 000 '" '" '" '" " .. '" ~ " 0, '" <D o ~ .. ~I'VCnoo ~~I'V~W ~~~O)O ~NO""-..lw ommoO) WI'V~~~ - W " '" '" W '" <D 0. o .. o ~ .. 5'-10 "'~ e"'.... "-00 "0- ll",!!!. ATTACHMENT B: Summary of Recommended ChanQes RECOMMENDED GENERAL FUND CHANGES The recommended amendments to the City Manager's Proposed General Fund budget total $754,201 ($468,400 one-time and $285,801 ongoing). Sufficient one-time revenues resulting from the close out and under-budget completion of various CIP projects have been identified to offset the recommended one-time expenditure changes. Ongoing costs will be offset through increased sales tax projections. . Transfer budget for administrative services manager from General Services to Library (no cost). . Increase funding for University Strategic Plan ($250,000 one-time). . Carryover of Fire Department grant ($87,753 one-time expense offset by grant revenues). . Increased non-departmental contingencies budget ($50,000 one-time). . Funding for fire fighter recruitment exam ($25,000 one-time). . Increased contractual services funding related to making corrections to the Municipal Code ($12,000 one-time) . Increased CalPERS cost for Fire Prevention Bureau ($43,647 one-time and $60,192 ongoing). . Salary adjustments for City Attorney, City Manager, and City Clerk ($84,592 ongoing). . Adjustments to Mayor and City Council compensation packages ($53,792 ongoing). . Increase overtime budget in Fire Department ($47,620 ongoing). . Increased funding for Celebrate Chula Vista event ($20,000 ongoing). . Increased funding for support of area Chula Vista Community Collaborative ($15,000 ongoing). . Reclassify Storekeeper Supervisor position in the Finance Department to Procurement Specialist ($10,121 ongoing). 5-11 . Correction to spread of workers compensation costs from non- departmental to departmental budgets ($5,516 savinqs). RECOMMENDED NON-GENERAL FUND CHANGES . Reduction in the FY 2005 PFDIF and CIP budgets for Civic Center project ($3,000,000 reduction). . Increased Redevelopment Agency funding for renovation assistance to Profile ($50,000). . Increased workers compensation cost in Central Garage resulting from correction to spread of workers compensation costs from non- departmental to departmental budgets ($5,516). S' -12.- '" wwwwww wwww wwww wwwwww '" ." 0 wwwwww NNI\JN ........................ 000000 0 c: ~ -...J01WN......O 01.::........0 (J).j::o.NO -..JCJ1~WN""" 0 Z 0 000000 0000 0000 000000 0 c (f) .... ;o;o;o(f)(f)3" .... O-Ur() .... 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"'-< !iN mO c5: ATTACHMENT D: Summary of Proposed New Positions and Reclassifications by Department and Program for Fiscal Year 2005 Fire (5) Staffing for light and air rescue Fire Engineer 3 Fire prevention enhancement Fire Inspector II 2 Recreation (3) Opening of 3 new community Recreation Supervisor III 3 centers Library (1 ) Expansion of DASH program to 3 Extended School Day Supervisor new schools Fleet (1) Fleet Maintenance Equipment Mechanic 1 Planning Administration Assistant Director Planning and Building Extension of the General Plan (2) update Principal Planner * 1 Reclassification Gift Shop Specialist -"75 Nature Center (.25) Nature Center Specialist 1 Business Office Manager -1 Public Information Officer 1 Customer Service -1 Police (0) Reclassifications Re resentative Senior Office Specialist 1 Office Specialist -1 Secretary 1 Administration (1) Senior Management Analyst 1 General Services (-1 ) Transfer of position Senior Management Analyst -1 Library (1 ) Administrative Services Manager 1 General Services (-1) Transfer of position Administrative Services Manager -1 Storekeeper Supervisor -1 Finance (0) Reclassification Procurement Specialist 1 Engineering Tech II -1 Generai Services (0) Reclassification Administrative Analyst II 1 Total New Positions (All Funds) 12.25 * The Principal Planner will be deleted in November when the General Plan Update is completed" This position was previously the General Plan Project Manager" 5-.2..Y