HomeMy WebLinkAboutRDA Packet 2004/06/15
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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
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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
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ATTACHMENT 1
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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,
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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
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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.
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.
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
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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.
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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.
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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
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. 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
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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
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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.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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)
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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).
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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.
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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").
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(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
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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: .
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(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
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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.
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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:
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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
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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;
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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.
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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.
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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.
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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
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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.
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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
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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.
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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,
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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
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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.
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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
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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.]
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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.
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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
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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.
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. 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,
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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;
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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
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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
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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.
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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).
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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
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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.
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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.
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$
$
$
() 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)
$118,000 (SR125)
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$ 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
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(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
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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)
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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,
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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:
~
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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
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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.
JL~
o
(2 '0- CO
Date
Planning and Environmental Manager
Community Development
City of ChuIa Vista
J. ~(.
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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
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CHULA VISTA
CIVIC CENTERRENOVAllON ~ -S".3
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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
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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
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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
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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;
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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
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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
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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
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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
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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
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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
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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
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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
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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.-
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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