HomeMy WebLinkAbout2011/08/26 Item 01CITY COUNCIL &
REDEVELOP1vlENT AGENCY
AGENDA STATEMENT
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AUGUST 26, 2011, Item
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY
RESOLUTIONS REGARDING ASSEMBLY BILLS
xl z6 (AB 26> AND XI 27 (AB 27):
A. RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA
APPROVING AND ADOPTING THE
ENFORCEABLE OBLIGATION PAYMENT
SCHEDULE PURSUANT TO ASSEMBLY BILL X1
26, DIVISION 24, PART 1.8, SECTION 34169(g)(1)
OF THE CALIFORNIA COMMUNITY
REDEVELOPMENT LAW
B. RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA ELECTING TO
SERVE AS A SUCCESSOR AGENCY UNDER
PART 1.85 OF DIVISION 24 OF THE CALIFORNIA
HEALTH AND SAFETY CODE AND TAKING
CERTAIN ACTIONS IN CONNECTION
THEREWITH
ASSISTANT CI
DIRECTOR
CITY MANAGER
TY MANAG VELOPMENT SERVICES
4/STHS VOTE: YES ~ NO
SUMMARY
Assembly Bill X1 26, passed this year, purports to end redevelopment agencies. Assembly Bill
Xl 27, also passed this year purports to permit local agencies to continue ("opt-in')
redevelopment, subject to specified requirements, via an "Alternative Redevelopment Agency
Program," to which the City, via ordinance, elected to so participate. The Supreme Court, based
on litigation involving AB Xl 26 and X1 27, stayed those bills, with the exception of Part 1.8 of
AB 26. Based upon the Supreme Court's order (which was subsequently amended to provide
clarification) the City ~s required to prepare an Enforceable Obligation Payment Schedule
("FOPS"). Accordingly, Staff has prepared the EOP schedule to set forth all of the Agency's
1-1
AUGUST 26, 2011, Item
obligations determined to be enforceable obligations under Section 34167(d), Health and Safety
Code. Staff recommends that the Agency adopt the attached Resolution and the accompanying
EOP Schedule in Exhibit "A" to provide the Agency additional protection in performing its
enforceable obligations, including enforcing existing covenants and making payments
thereunder. Staff has also prepared a resolution naming the City as the Successor Agency should
the Supreme Court's subsequent decision or action require the City to name a Successor Agency.
ENVIRONMENTAL REVIEW
With regard to the EOPS resolution, the Director of Development Services has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and
has determined that the activity is not a "Project" as defined under Section 15378 of the State
CEQA Guidelines because the proposal consists of the creation of a government funding
mechanism which does not involve any commitment to any specific project which may result in
a potentially significant physical impact on the environment. Therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
With regard to the Successor Agency resolution, the Director of Development Services has also
reviewed the proposed activity for compliance with CEQA and has determined that this
Resolution is not a "project" for purposes of CEQA, as that term is defined by State CEQA
Guidelines Section 15378, because this Resolution is an organizational or administrative activity
that will not result in a direct or indirect physical change in the environment. Therefore, pursuant
to Section 15378(b) (5) of the State CEQA Guidelines this activity is not subject to CEQA.
Thus, no environmental review is necessary.
RECOMMENDATION
Approve the resolutions.
DISCUSSION
On August 2, 2011, the City Council took actions to ensure the continued existence of the
Redevelopment Agency. Specifically, Council introduced an ordinance to participate in the
Alternative Voluntary Redevelopment Program permitted under AB 27.
Following this meeting, on August 11, 2011, the California Supreme Court issued a stay (Stay)
in the litigation action, California Redevelopment Association (CRA) v. Matosantos (5194861),
which challenges the constitutionality of AB 26 and AB 27. The Stay was granted on all
provisions of AB 27, and on all provisions of AB 26, except that the request to stay Division 24,
Part 1.8 of the Health and Safety Code (Health & Safety Code, §§ 34161-34167) was denied. In
response, counsel for the California Redevelopment Association (CRA) communicated to
agencies concern that the wording of the Stay was ambiguous as to AB 26. In particular, section
34169 imposes additional obligations on Redevelopment Agencies, including the adoption of the
Enforceable Obligation Payment Schedule (EOP Schedule).
1-2
AUGUST 26, 2011, Item
On August 17, 2011, the California Supreme Court modified the Stay. First, it clarified that the
exception to the Stay of AB 26 includes all of Part 1.8, including section 34169. Second, the
Court modified the Stay of AB 27 to except from it Health & Safety Code, §§ 34194(b)(2),
which provides the procedure for the Director of Finance to determine the remittance amount due
the county auditor-controller from those agencies participating in the AB 27 "Voluntary
Alternative Redevelopment Program."
The effect of the Stay is to preserve the status quo by authorizing redevelopment agencies to
perform under "existing obligations" as defined by the statute while preventing agencies from
undertaking new debt or making new commitments, among other things, pending the Supreme
Court's decision on the merits of petitioners' claims that AB 26 and AB 27 violate the State
Constitution and other laws. The August 17 modifications to the Stay have the effect of reviving
portions of the previously stayed statutory scheme that require actions be taken by agencies,
cities and the state during the period before January 15, 2012, by which time the Court intends to
have rendered its decision. These actions include the adoption of the EOP Schedule under AB 26
prior to August 29, 2011,and the determination of the remittance payment amount required by
agencies opting in to the Voluntary Alternative Redevelopment Program under AB 27.
Special Counsel for the Agency and the City has opined that the Agency should adopt a
resolution approving the EOP Schedule, subject to full reservation of rights under the stay, to
preserve all rights to make payments and perform enforceable obligations associated with the
Agency's projects until the Supreme Court makes further modifications to the stay or makes its
final determination in the underlying litigation action.
Staff has prepared the EOP schedule to set forth all of the Agency's obligations determined to be
enforceable obligations under Section 34167(d). The enforceable obligation schedule is required
to contain all the obligations of the Agency and be listed with specific payment schedules.
However, it also allows further actions to implement enforceable obligation that cannot be
altered after the effective date of the legislation. Staff recommends that the Agency adopt the
attached Resolution and the accompanying EOP Schedule in Exhibit "A" to provide the Agency
additional protection in performing its enforceable obligations, including enforcing existing
covenants and making payments thereunder.
Staff is also providing for City Council's consideration a resolution naming the City as the
"Successor Agency," as set forth in Health and Safety Code sections 34171(j) and 34173(a) (found
in part 1.85). The Successor Agency would replace the RDA and wind down RDA operations.
These sections have been stayed pursuant to the Supreme Court's Orders of August 11 and 17,
2011. Prior to the stay, if a City had not elected to opt into the Alternative Redevelopment
Agency Program and the RDA were going to be dissolved, then the City had to determine by the
end of August if it wanted to be the Successor Agency. Given the uncertainties of the CRA v.
Matosantos litigation, staff is recommending that the City adopt the resolution to elect to act as
the Successor Agency in the event the Supreme Court's actions or decision requires such
election.
DECISION MAKER CONFLICT
The proposed action is not site specific nor does it involve approving the underlying items listed
in Exhibit "A", and, as such, no conflicts have been identified.
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AUGUST 26, 2011, Item ~
CURRENT YEAR FISCAL IMPACT
The Enforceable Obligation Payment Schedule identifies all of the Agency's obligations
determined to be enforceable obligations under Section 31467(d). The fiscal year 2011-12
budget includes funding to meet the Agency's obligations.
There is no immediate fiscal impact of the resolution electing the City of Chula Vista to serve as
the successor agency as set forth in Health and Safety Code sections 34171(j) and 34173(a)
(found in part 1.85). Once the pending litigation has been resolved, staff will return to Council
with an analysis of the resulting legislation including a fiscal impact analysis.
ONGOING FISCAL IMPACT
The on-going fiscal impact will be identified once the pending litigation has been resolved.
ATTACHMENTS
Exhibit "A": Enforceable Obligation Payment Schedule ("EOPS")
Prepared by: Ertc C. Crockett, Redevelopment Manager, Development Services Department
1-4
Name of Redevelopment Agency: Cty of Chula Vista Redevelopment Agency Page 1 of 2 Pages
Protect Aree(s) All
Exhibit A
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 -Section 34167 and 34169 (')
Payments b month
Total Outslantling Total Due During
Project Name /Debt Obligation Payee Description Debf or Obli anon Fiscal Year Aug" Sept Oct Nov Dec Total
1 2006 Sr. Tax Allocation Refundin B US Bank Bond issue to refund 1994 Tax Allocation 16,292,658.78 1 022,545.00 773 972.50 $ 773,972.50
2 2006 Sub. Tax Allocation Refundin US Bank Bond issue to refund 1994 Tax Allocation 15,887,099.48 996 383.76 730,866.88 $ 730,866.88
3 2008 Tax Allocation Refundin Ron US Bank Bond issue to refund 2000 Tax Allocation 37,919 605.79 968,636.26 481 618.13 $ 481,818.13
' CRA ERAF Loan Program Loan Payable
to CA Statewide Comm Dev Authority br
4) 2005 Tax Revenue Dond Series A Wells Faro FY0405 ERAF a merit 399,116.00 98 354 00 49,177.00 $ 49 177.00
CRA ERAF Loan Program Loan Payable
to CA Statewide Comm Dev Authority for
5 2tlOfi Tax Revenue Bond Series A Wells Faro FY0506 ERAF a merit. 634,098.00 126,052.00 63,026 00 $ 63,026.00
Issued by CVPFA to defense the 1993
G 2003 Refundih COP US Bank Certificates. 2,342,56000 1,050,772.50 1025,685.00 $ 1,025,68500
City Loan for 96 ABAG 37A Debl Loan /or 96 ABAG 37A debt service
7 Service Cit of Chula Vista FY98-FY03 4 257 782.09 300 000 00 0.00 0.00 0.00 0.00 0.00 $ -
Loan to Bayfront for formation cost of
RDA Public Benefit Corp (501c3) per
8 Cil Loan for 507c3 Formation Cil of Chula Vista Resoq 2004-363. 53,352.00 0.00 $ -
Loan to Bayfronl far repurchase of 980
City Laan for 980 Lagoon Lagoon fr Part Dist. per Resoft 2004-
9 e urohase Gil of Chula Vista 345. 672,239.34 0.00 $ -
ity Loan for 93 Refunding COP Loan to Town Center II for 93 Refunding
10 Debl Service Git o(Chula Vista COP debt service FY03-FY07. 2 881,044.90 400,000.00 0.00 0.00 0.00 0.00 0.00 $ -
Loan to Town Center II for 93 COP
City Loan for 93 COP Parking Parking Phase 2 debt service FY96-
11 Phase 2 Debt Service Cit of Chula Vista FV07. 4 177,863 O6 0.00 $
City Loan for Cypress Creek Notes Loan to Southwest for Cypress Creek
12 Pa able Debt Service. Cit of Chula Vista Notes Pa able debt service FV02-FYO$. 565,538 69 0.00 $ -
To reduce outstanding debt awed to the
13 ea fronlRown Center I Loan A reer Cil of Chula Vista Cil of Chula Vista. 12,607,1720.08 500,000.00 100,000 00 100600.00 100 000.00 100,000.00 100,000 00 $ 500,000.00
To reduce outstanding debt owed to the
74 Mer ed Loan A r~~einent Cit of Chula Vista Cit of Chula Vista. 5646,795.94 1,000,000 00 200,000.00 200 000.00 200,000.00 200,000.00 200600.00 $ 1,000,000.00
15 LMIH~an for SERAF Low 8 Moderate Income Hou Loan to a SERAF due FY70 8 FY11. 5,046,796.94 0 00 $ -
1~ Staff Tm=Reimbursement Cit of Chula Vista Outslandin reimbursement for CA staff 913,429.00 0.00 $ -
3
2
10
'
17 Em IP oYee costs Em to ees of A enc Pa roll for em to ees 584,933.00 584,933.00 48,744.42 48,744 42 48,744 42 48,744 42 48,744.42 24
,72
.
$
' County of San Diego properly tax
increment administrative and service
18 County Admi 8 Svc. Fee Count of San Die o fees. 220,000.00 220,000.00 fi7,662.00 $ 67,662.00
19) BF Goodrich Relocation A reemenl Goodrich Aeroslructures Assistance with relocation of BF Goodric 311 59200 251,766.00 251 766.00 $ 251,766.00
20 BF Good ich Coo eration A reeme Goodrich Aeroslructures Assistance with environmental remediati 5,000600.00 300 000.00 300 000 00 $ 300,000.00
21 Smi>er Pro ed Smiser Famil Pro erties Inc Possesso interest tax rebate. 175,000.00 35,000.00 0.00 0.00 0.00 0.00 0.00 $ -
' Design, construction, installation of the
Main Slreel Streetscape Master Plan
22 Main Slnael Co~ratiop A reemenl Cit of Chula Vista Public Im rovements. 32,000,000.00 0.00 $ -
-' Design, construction, installation of the
Third Avenue Streetscape Master Plan
23 Thirtl AVe Cpn eration Agreement Cit of Chula Vista Public lm rovements. 4,000,00000 2,500,000.00 0.00 0.00 0.00 0.00 0.00 $ -
Lantl and administration, design,
construction, installation of the Bayfront
24 Ba front Coo eration A reemenl Cil of Chula Vista Master Plan Public Improvements. 136600 000.00 0 00 $ -
Implementation of the Chula Vista
Bayfrgnl Master Plan and approval by
25) Per Deal Contract Per Deal California Coastal Commission 48,000.00 48 000.00 5 000.00 5 000.00 5,000 00 5,000.00 5,00000 $ 25,000.00
Name of Retlevelopmenl Agency. C'ty f Ch I V l R d I p 1 A Y
Project Area(s) All
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 -Section 34167 and 34169 (')
Exhibit A
Payments by month
Total Outstanding Total Due During
"
t
t
O
Nov
Dec
Total
Project Name I Debl Obligation Payee Description Debl or Obli alion Fiscal Vear Aug Sep c
To provide as-needed environmental
consulting for re-designation of benelcial
26 P3B815 Ba hoot Groundwater SCS En ineers uses of groundwater in BayfronL 7,204.63 7,204.63 7,204 63 $ 7,204.63
To provide consulting Bayfront and Town
Centre 1 plan amendments pursuant to
P41865 Bayfront(TGI Plan CA H85 33333.10 8 33333.11. RDA
$
27 Amendments Rosenow 5 evacek Grou In ResoN 2010-2029. 75,236 ]0 75,236.70
To provide consulting for the
development 8 negotiation of
processess, stmctures, approvals, &
agreements necessary for fhe
implementation of the Bayfront Master
35 000
00
35 000
00
7 000
00
00
7 000
7p00.00
7 000.00
7 000.00
$ 35,000.00
28 P440118a front Master Plan Dennis Stone Consultin Inc Plan. . . . .
Business Improvement Grant (BIG)
Program. Facade improvement for
propedy a1208 Third Ave, CV, CA
$ -
g9 P42925 Storefront Renovation Kalle Constmclion Co. Grant 91910. 35 000.00 35,000.00
Business Improvement Grant (BIG)
Program Facade improvement for
$
30 P43877 Storefront F2enovalion
-- Pollard Construction Grantee ro ed ,Jade eeaul Su I. 20,000.00 2000000 $
Totals-This Pa
e ~ $288,209,765.42 $ 10,574,883.85 $36074442 $3,201,190.68 $1,091,fi11.30 $472,94742 $420,406.42 $ 5,554900.24
g
Pa
2
T
t
l $ 4770,813.96 $ 4,767,179.96 $ 70,141.00 $4,11fi,921.11 $ 71945.90 $ 69,500.00 $170,231.11 $ 4,498739.12
ge
o
a
s- $ $ - $ $
Pa
e 3
T
t
l $ - $ - $ - $ -
g
o
a
s - $ - $ $ - $ ~
e 4
Totals - F[~i $ - $ - $ ~ $ -
9
Totals-Other Obligations
$ -
$
$
$
1
79
$
1
163
557
20 _
$
42
$542447 _
$
637
53
$598 _
$
36
053639
$10
Grand total-All Gages $292980,579.36 $ 15,342063.61 $430,885.42 $7,316,1
1. ,
,
.
$ . .
, .
,
This Enforceable Obligagon Payment Schedule (FOPS) is to be atlopted by the redevelopment agency no later than late August. It is valitl through 12131111. It Is the basis for the Preliminary Draft
Recognizetl Obliyation Payment Schedule CROPS), which must be prepared by the dissolving Agency by 9130111. (The drak BOPS must be prepared by the Successor Agency by 11130111.)
If an agency adodfs a continuagon ordinance per A8%t 27, this FOPS will not be valitl and there is no neetl to prepare a ROPS.
"Include only payments to be made attar the adoption of the FOPS.
Name of Redevelopment Agency C'ty f Chula Vista Redevelopment Aoency
Project Area(s) All
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE
Per AB 26 -Section 34167 and 34169 (`)
Page 3
Exhibit A
ta
din
T
t
l O
t Total Due Durin Pa menu b month
Protect I,Jame I Debl Obligation Pa ee Descri lion g
o
a
u
s
n
Debt or Obli alion g
Fiscal Vear Au Se 1 Oct Nov Dec Total
1 F'43678 Slori~tronl P,enovalion Stantortl Si nand Awnin Pro ram. Fa atle Im mvement for 40,000.00 40,000.00 $ -
_
2 Pd3660 Slorelront Renovation Emerald Construction Pro ram Fa atle im mvement /or 16,000.00 16,000.00 $ -
3) P40641 Aulp Park Si n Project law Gibb Grou environmental consultant services. 1,042 44 1 042.44 - $ -
P43766 Soulhviesl Resitlenlial Block by Block Home Makeover Program
4 Revitalization Pilot Pro ram Mocartl Inc re airs. 27,086.60 27,086.60 $
5 P43443& P43449 Co ier Maint Officia Ima in Inc Co ier maintenance, uarterl . 924.45 924.45 231.11 231.11 $ 462.22
P43450 8 P43451 Co ier Lease Wells Far o Financial Lea Go ier Lease i 903.17 1,903.17 $ -
7 P43465 OHice Su lies Sla les Advanla a Orfice su lies and w a er. 946.40 946.40 $ -
6 Insurance Cos
IS Alliant Insurance Public Liabilil Insurance Premium 22,000.00 22,000.00 11 000 00 $ 11,000.00
9 _
_
Landin<s II Lantlin s II
LP DOnstmehon of agortlable housin units. 4,000,000.00 4,000,000.00 4,000,000.00 $ 4,000,000.00
1g Henry Alex Valino ,
Chavez General Resitlenlial Revitalization Pilot Program 21 445.90 21,445.90 21,445.90 21445.9
11 Oscar Capelillo Mocartl Inc. Resitlenlial Ravitalizalion Pilot Program 24376 24376 24376 24376
ip Fernando antl Rosa Gandara HEC's Construction Resitlenlial Revitalization Pilaf Program 30,000 30,000 30000 30000
19 Ismael and Angela Huerta Conlacbr TBD Resitlenlial Revitalization Pilot Program 30000 30000 30000 30000
1q Margarita Peru Contractor TBD Residential Revitalization Pilot Program 30,000 30000 30000 30000
1g Maria Bedha Cobian Mocartl Inc. Residential Revitalization Pilot Program 30000 30000 30000 30000
16
Other $ -
$ -
i,lj EPA Brownlields SCS Engineers Environmental Consulting Services as 170,000 170,000
Sabri P. Shamoun Business Improvement 6torefroni Improvement $ 8,200 $ 6,200 $ 8,200 $ 8,200
Manijeh Hosseini Maroon DDS, Business Improvement Storefront Improvement 8 2,200 $ 2,200 $ 2,200 $ 2.200
20 Broadway Center (Adel Yalda) Business Improvement Slorelront Improvement $ 30,000 $ 30,000 $ 25,000 $ 5 000 $ 30,000
21 Slone Family Trust Business Improvement Slorelront Improvement $ 23,000 $ 23,000 $ 23,000 $ 23,000
22 Wesl Broadway Investors, LLC Business Improvement Store/root Improvement $ 30,000 $ 30,000 $ 30,000 $ 30,000
23 Naples Center (Diane Clarke, Business Improvement Storefront Improvement $ 30,000 $ 30,000 $ 25,500 $ 4,500 $ 30,000
2q 206-212 Third Avenue (Adriana Business improvement Storefront Improvement $ 12,300 $ 12,300 $ 12 300 $ 12.300
25 206-212 Third Avenue (Adriana Business Improvement Slorelont Improvement $ 15,542 $ 15,542 $ 15,542 $ 15,542
26 208-212 Third Avenue (Adriana Business Improvement Storefront Improvement $ 12,645 $ 12,770 $ 12,770 $ 12.770
2] Dennison Interior Design Business Improvement Slorelront Improvement $ 5,500 $ 2,300 $ 2,300 $ 2,300
pe Premier Maroon Properties, Business Improvement Storefront Improvement $ 20,000 $ 19,641 $ 19,641 $ 18.641
2g Chula Vista Photo Slutlio (Ian Business Improvement Storefront Improvement $ 16,000 $ 16,000 $ 16,000 $ 16,000
0
3p Onstage Playhouse (Betsy Business Improvement Slorelront Improvement $ 20J100 $ 20,000 $ 20,000 $ 20,00
31 Moclezuma Building (Etlgardo Business Improvement Storefront Improvement $ 30,000 $ 30,000 $ 30,000 $ 30,000
3p Mangia llaliano (Adam Sparks) Business Improvement Storefront Improvement $ 30,000 $ 30,000 $ 30,000 $ 30,000
33 EI Primero Boutique Hclel (Pie Business Improvement Storefront Improvement $ 9,500 $ 9,500 $ 9,500 $ 9,500
Chlco's Bakery Business Improvement Storefront Improvement 8 30,000 $ 30,000 $ 30,000 $ 30,000
$
35
_
8
36
33~
36
39
_
8
40)
Totals-This Page $ 4,770,613.96 $ 4,767,17996 $ 70,141.00 $4,116,921.11 $ 71945.90 $ 69,500.00 $170,231.11 $4,496,739.12
This Enforceable Obligation Payment Schedule (FOPS) Is to he adopted by the redevelopment agency no lat¢r than late August. It Is valid through 12/31111. It is the hasis for the Preliminary Draft
Recognizetl Obligation Payment Schedule (BOPS), which must be prepared by the tllssolving Agency by 8130111. (The draft ROPS must be prepared by the Successor Agency by 11130111.)
If an agency adopts a contlnuatlon ordinance per AB%1 27, this FOPS will not be valid and there Is no need to prepare a BOPS.
Include only payments to be made after the adoption of the FOPS.
Name of Redevelopment Agenc C't1 ^f Gh I V' t R tl I p f A ncy
ProJed Area(s) All
OTHER OBLIGATION PAYMENT SCHEDULE
Per AB 26 -Section 34167 and 34169 (`)
Page 4
Exhibit A
Pa merits by month
Total Outstanding Total Due During
"
l
O
Nov
Dec
Total
Project Name /Debt Obligation Payee Description Debt or Obli anon Fiscal Year Aug Sept c
1 Slatutor Pa menf Count of San Die o Pa merits er CRL 33607.5 and .7 206 459.56 20fi 459.56 206,459.56 $ 206,459.56
79
$ 454
2 Stalulor Pa menf Count of San Die o Libor Pa merits er CRL 336075 and .7 454.79 -454.79 454.79 '
78
$ 78
3 Slauto Pa merit SD Count Flood Control District Pa merits er CRL 33607.5 and 7 78 ]8 78.78 78.78 .
34
$ 265
824
4 Slatutor Pa menf Chula Vista Elem. School Dist. Pa merits er CRL 33607.5 and .7 265 824.34 265 824.34 265 824.34 ,
.
5 Stalulor Pa merit National Cit Eiem. School Dist. Pa merits er CRL 33607.5 and .7 4 345.01 4,345.01 4,345 01 $ 4,345.01
6 Stalulo Pa merit SweetwateNnion Hi h School Dist Pa merits er CRL 336025 and .7 173,278 49 173 278 49 173,278 49 $ 173,278.49
7 Slaluto Pa menf Southwestern Communil Colle a Dis(ric Pa merits er CRL 33607.5 and .7 46,759.17 46,759.17 46,759.17 $ 46,759.17
ej Stalulo Pa menf SD Count Office of Education Pa merits er CRL 33607.5 and 7 15 583.87 15 583.87 15 583 87 $ 15 583.87
815
62
4
9 Stalulo Pa menf Ota Water IMP Disbict Pa merits er CRL 33607.5 and .7 4 815.62 4 815.62 4,815.62 .
,
$
10 Slaluto Pa merit CWA Soufh Ba Ini anon Pa merits er CRL 33607.5 and 7 3,483.03 3,483.03 3,483 03 $ 3,483.03
1~ Slaluto Pa merit Metro olilan Water District Pa merits er CRL 33607.5 and 7 3,072 90 3 072.90 3,072.90 $ 3 072.90
605
299
93
12 Pass Throu h A reement Count of San Die o Pa merits er former CRL 33401 605,299.93 605?99.93 605?99.93 ,
.
$
25
$ 406 214
13 Pass Throu h A reement Chula Vista Elem. School Disl. Pa merits er former CRL 33401 406 214.25 406?14.25 406,214.25 .
$ 268 809
30
14 Pass Throu h A reement Sweetwater Union Hi h School Disl. Pa merits er former CRL 33401 268 809.30 268,809.30 268,809.30 .
32
$ 71 477
15 Pass Throu h A reement Southwestern Communil Colle a Distdc Pa merits er former CRL 33401 71,477.32 71,477.32 71,477.32 ,
038 44
$ 38
16 ss Throu h A reement SD Count Office of Education Pa merits er former CRL 33401 38,038 44 38,038.44 38,038.44 ,
17
18
19
2~ $
2~ $
22
23
24
25
2~ $
27
28
004479.04 $ - $1280727.48 E b E - 52004479.04
04 $ 2
004479
E 2
,
,
.
Totals-Other Obli ations
" Thls Enforceable Obligation Payment Schedule (FOPS) is to be adopted by the redevelopment agency no later than late August. It is valid through 12p1/11. It is the basis for the Preliminary Draft
Recognized Obligation Payment Schedule (ROPSJ, which must be prepared by the dissolving Agency 6y 9130111. (The draft ROPS must b¢ prepared by the Successor Agency by 11/J0/11.i
Ilan agency adopts a continuation ordinance per AB%1 27, this FOPS will not be valitl and there is no need to prepare a ROPS.
"' Includ¢ only payments to be made after the adoption of the FOPS.
^'^ All a merit amounts are estimates
RESOLUTION NO. 2011-
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA APPROVING AND ADOPTING THE
ENFORCEABLE OBLIGATION PAYMENT SCHEDULE PURSUANT
TO ASSEMBLY BILL Xl 26, DIVISION 24, PART 1.8, SECTION
34169(g)(1) OF THE CALFORNIA COMMUNITY REDEVELOPMENT
LAW
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is
organized and existing pursuant to the California Community Redevelopment Law
(Health and Safety Code § 33000, et seq.; hereinafter, the "CRL") and is responsible for
the administration of redevelopment activities within the City of Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista ("City") approved and
adopted a Redevelopment Plan ("Redevelopment Plan") covering the Merged
Bayfront/Town Centre I and Merged Chula Vista project areas ("Project Areas") within
the City of Chula Vista; and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has
undertaken redevelopment projects in the Project Areas to eliminate blight, to improve
public facilities and infrastructure, to renovate and construct affordable housing, and to
enter into partnerships with private industries to create jobs and expand the local
economy; and
WHEREAS, continued redevelopment of the Project Areas to eliminate blight,
improve public facilities and infrastructure, renovate and construct affordable housing,
and enter into partnerships with private industries to create jobs and expand the local
economy is vital to the health, safety and welfare of the City; and
WHEREAS, Parts 1.8, 1.85, and 1.9 of Division 24 of the CRL were added by
Assembly Bill X1 26 and Assembly Bill X1 27 (together, "2011 Redevelopment
Legislation"), which laws purports to become effective immediately; and
WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills
to the FY 2011-2012 California budget bills that were approved by both Houses of the
State Legislature on June 15, 201 I and signed by the Governor on June 28, 201 I; and
WHEREAS, Part 1.8 of the CRL added by the Redevelopment Legislation ("Part
1.8") provides for the restriction of activities and authority of the Agency in the interim
period prior to dissolution to certain "enforceable obligations" and to actions required for
the general winding up of affairs, preservation of assets, and certain other goals
delineated in Part 1.8; and
WHEREAS, Part 1.85 of the CRL added by the 2011 Redevelopment Legislation
("Part 1.85") provides for the statewide dissolution of all redevelopment agencies,
1-9
including the Agency, as of October 1, 2011, and provides that, thereafter, a successor
agency will administer the enforceable obligations of the Agency and otherwise wind up
the Agency's affairs, all subject to the review and approval of an oversight committee;
and
WHEREAS, Park 1.9 of the CRL ("Part 1.9") provides that a redevelopment
agency may continue in operation if a city or county that includes a redevelopment
agency adopts an ordinance agreeing to comply with and participate in the Voluntary
Alternative Redevelopment Program established in Part 1.9 ("Program"); and
WHEREAS, the Agency is aware that the validity, passage, and applicability of
the 2011 Redevelopment Legislation is the subject of judicial challenge(s), including the
action: California Redevelopment Association, et al v. Ana Matosantos, et al ("CRA
Action"); and
WHEREAS, the Supreme Court accepted original jurisdiction of the CRA Action
on August 11, 2011, notified the parties of the briefing schedule, and importantly, issued
a stay order affecting Part 1.85 and Part 1.9, but the court did not stay Sections 34161 to
34167 of Part 1.8, then on August 17, 2011, the Supreme Court modified its stay order,
which released the stay on Sections 341675 to 34169.5 of Part 1.8 and on Section
34194(b)(2) of Part 1.9, making those laws now effective ("Supreme Court Stay"); and
WHEREAS, Section 34169(g)(1) in Part 1.8 (one of the several statutes that is not
stayed) mandates that every redevelopment agency adopt an "Enforceable Obligation
Payment Schedule" ("EOPS"); and
WHEREAS, the EOPS lists all of the obligations that are enforceable within the
meaning of subdivision (d) of Section 34167 that includes the following information
about each obligation: (A) the project name associated with the obligation, (B) the payee,
(C) a short description of the nature of the work, product, service, facility, or other thing
of value for which payment is to be made, and (D) the amount of payments obligated to
be made, by month, through December 2011; and
WHEREAS, by this Resolution and within 60 days after the effective date of the
2011 Redevelopment Legislation, the Agency's Executive Director and Treasurer have
caused to be prepared and EOPS and by this Resolution the Agency approves such
Enforceable Obligation Payment Schedule and authorizes the transmittal of the EOPS
with the Department of Finance, the State Controller's Office, and the County Auditor-
Controller; and
WHEREAS, CRL Section 34167(h) prohibits the Agency form making payments
on any obligations, other than bonded indebtedness, after August 27, 2011 except for
payments set out on the adopted Enforceable Obligations Payment Schedule; and
WHEREAS, the dissolution of the Agency would be detrimental to the health,
safety and economic well-being of the residents of the City and cause irreparable harm to
1-10
the community, because, among other reasons, the redevelopment activities and projects
made possible, implemented and funded by the Agency are highly significant and of
enduring benefit to the community and the City and are critical component of the City's
future; and
WHEREAS, subject to the Supreme Court Stay, the Program allows a
community's redevelopment agency to continue operating, without the constraints of
California Health and Safety Code Section 34161, et seq., and in furtherance thereof the
City of Chula Vista, by ordinance, has indicated its election to so participate in the
Program; and
WHEREAS, therefore and notwithstanding any actions planned or already taken
with respect to compliance with the Part 1.9, it is necessary that all redevelopment
agencies adopt an EOPS in order to ensure that the Agency continues to have authority to
fulfill its applicable financial obligations during the effectiveness of the Supreme Court
Stay; and
WHEREAS, the Agency's EOPS, which is consistent with the requirements of §
34169(g) of the CRL, is attached to this Resolution as Exhibit "A"; and
WHEREAS, the Agency reserves its right to amend the EOPS as may be
necessary to capture all the enforceable obligations the Agency may have in the
performance of its duties; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution
have been met.
NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Agency of the
City of Chula Vista as follows:
Section 1. The foregoing Recitals are incorporated into this Resolution by this
reference, and constitute a material part of this Resolution.
Section 2. Pursuant to CRL 34169, the Agency hereby adopts its Enforceable
Obligation Payment Schedule attached hereto as Exhibit A and fully incorporated by this
reference. The EOPS is that "Enforceable Obligation Payment Schedule" referred to in
CRL Section 34169(g) and shall be interpreted and applied in all respects in accordance
with such section and the CRL, to the fullest extent permitted by law; however, the EOPS
shall only be applicable to and binding on the Agency to the extent that Part 1.8 is
applicable to the Agency. To the extent that Part 1.8 is not applicable, whether because
the City's enactment of the Ordinance (that is currently subject to the stay issued in the
CRA Action), decision(s) by the Supreme Court in the CRA Action, or for any other
reason under the law or by order of a court of competent jurisdiction the EOPS shall not
control the Agency's payments on or performance of its obligations.
1-11
Section 3. The Executive Director and Treasurer of the Agency (and their
designees) are hereby authorized and directed to evaluate potential amendments to the
EOPS from time to time as may be appropriate and/or as required by the 2011
Redevelopment Legislation whether pursuant to its terms, by court order, or as otherwise
required by law and to recommend to the Agency the adoption of those amendments
necessary for the continued payment on and performance of enforceable obligations.
Section 4. The Executive Director of the Agency is further authorized and
directed to cause to be posted the EOPS on the City's (Agency's) website pursuant to
Part 1.8 and to notify the County Auditor-Controller, the State Department of Finance,
and the State Controller's Office concerning this Resolution, EOPS, and its online
publication.
Section 5. This Resolution shall in no way be construed as requiring the
Agency (or the City) to abide by the 2011 Redevelopment Legislation in the event either,
or both, bill are found unconstitutional or otherwise legally invalid in whole or in part,
nor shall this Resolution effect or give rise to any waiver of rights or remedies the
Agency (and/or the City) may have, whether in law or in equity, to challenge 2011
Redevelopment Legislation. This Resolution shall not be construed as the Agency's
(and/or City's) willing acceptance of, or concurrence with, the 2011 Redevelopment
Legislation, either AB Xl 26 or AB Xl 27; nor does this Resolution evidence any
assertion or belief whatsoever on the part of the Agency (and/or City) the 2011
Redevelopment Legislation is/are constitutional or lawful.
Section 6. This Resolution shall take effect upon the date of adoption.
Section 7. The Agency Secretary shall certify to the adoption of this
Resolution.
Presented by Approved as to form by
Jim Sandoval
Executive Director Chula Vista
Redevelopment Agency
Glen R Googins
City Attorney
1-12
RESOLUTION NO. 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ELECTING TO SERVE AS A SUCCESSOR
AGENCY UNDER PART 1.85 OF DIVISION 24 OF THE
CALIFORNIA HEALTH AND SAFETY CODE AND TAKING
CERTAIN ACTIONS 1N CONNECTION THEREWITH
WHEREAS, the Redevelopment Agency of the City of Chula Vista ("Agency") is
organized and existing pursuant to the California Community Redevelopment Law (Health and
Safety Code § 33000, et seq.; hereinafter, the "CRL") and is responsible for the administration of
redevelopment activities within the City of Chula Vista; and
WHEREAS, the City Council of the City of Chula Vista ("City") approved and adopted a
Redevelopment Plan ("Redevelopment Plan") covering the Merged Bayfront/Town Centre I and
Merged Chula Vista project areas ("Project Areas") within the City of Chula Vista; and
WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken
redevelopment projects in the Project Areas to eliminate blight, to improve public facilities and
infrastructure,to renovate and construct affordable housing, and to enter into partnerships with
private industries to create jobs and expand the local economy; and
WHEREAS, continued redevelopment of the Project Areas to eliminate blight, improve
public facilities and infrastructure, renovate and construct affordable housing, and enter into
partnerships with private industries to create jobs and expand the local economy is vital to the
health, safety and welfare of the City; and
WHEREAS, the City and Agency are responsible for implementation of the
Redevelopment Plan for the Project Area, and the Redevelopment Plan sets forth a plan for
redevelopment of the Project Area consistent with the policies and standards of the General Plan
of the City; and
WHEREAS, Parts 1.8, 1.85 and 1.9 of Division 24 of the CRL were added by Assembly
Bill Xl 26 and Assembly Bill X1 27 (together, "2011 Redevelopment Legislation"), which laws
purport to become effective immediately; and
WHEREAS, the 2011 Redevelopment Legislation is a part of multiple trailer bills to the
FY 2011-2012 California budget bills that were approved by both Houses of the State
Legislature on June 15, 2011, signed by the Governor on June 28, 2011, and chaptered on June
29, 2011; and
WHEREAS, Part 1.8 of the CRL added by the Redevelopment Legislation ("Part 1.8")
provides for the restriction of activities and authority of the Agency in the interim period prior to
dissolution to certain "enforceable obligations" and to actions required for the general winding
up of affairs, preservation of assets, and certain other goals delineated in Part 1.8; and
1-13
Resolution No.
Page 2
WHEREAS, Part 1.85 of the CRL added by the 2011 Redevelopment Legislation
("Part 1.85") provides for the statewide dissolution of all redevelopment agencies, including the
Agency, as of October 1, 2011, and provides that, thereafter, a successor agency will administer
the enforceable obligations of the Agency and otherwise wind up the Agency's affairs, all
subject to the review and approval of an oversight committee; and
WHEREAS, Part 1.9 of the CRL ("Part 1.9") provides that a redevelopment agency may
continue in operation if a city or county that includes a redevelopment agency adopts an
ordinance agreeing to comply with and participate in the Voluntary Alternative Redevelopment
Program established in Part 1.9 ("Program"); and
WHEREAS, the City is aware that the validity, passage, and applicability of the
2011 Redevelopment Legislation is the subject of judicial challenge(s), including the action:
California Redevelopment Association, et al v. Ana Matosantos, et al ("CRA Action"); and
WHEREAS, the Supreme Court accepted original jurisdiction of the CRA Action on
August 11, 2011, notified the parties of the briefing schedule, and, importantly, issued a stay
order affecting Part 1.85 and Part 1.9, but the court did not stay Sections 34161 to 34167 of Part
1.8, then on August 17, 2011, the Supreme Court modified its stay order, which released the stay
on Sections 34167.5 to 34169.5 of Part 1.8 and on Section 34194(b)(2) of Part 1.9, making those
laws now effective ("Supreme Court Stay"); and
WHEREAS, Sections 34171(j) and 34173(a) of Part 1.85 provide that a successor agency
is designated as successor entity to the former redevelopment agency and the host city that
created the agency may elect to serve, or not to serve, as the successor agency under Part 1.85,
albeit subject to the Supreme Court Stay; and
WHEREAS, as of the date of adoption of this Resolution, the City Council has not
completed the process and/or the time for the "opt-in" ordinance to become effective has not
elapsed due to the Supreme Court Stay in for order the Agency to participate in the Alternative
Voluntary Redevelopment Program, therefore, the City Council desires to adopt this Resolution
making an election in connection with the City to serve as the successor agency under Part 1.85
in the event the Agency is dissolved pursuant to Part 1.85.
NOW, THEREFORE, the City Council hereby finds, determines resolves and orders as
follows:
Section 1. The above Recitals are true and correct and are a substantive part of this
Resolution.
Section 2. Subject to the Supreme Court Stay, this Resolution is adopted pursuant to
Part 1.85, Sections 34171 and 34173.
Section 3. The City Council hereby elects to serve as a successor agency under Part
1.85 in the event the Agency is dissolved pursuant to Part 1.85.
Section 4. The City Clerk is hereby authorized and directed to file a certified copy of
this Resolution with the County Auditor-Controller.
1-14
Resolution No.
Page 3
Section 5. The City Manager (and designees, as officers and staff of the City) is
hereby authorized and directed to do any and all things that they may deem necessary or
advisable to effectuate this Resolution and any such actions previously taken by the City
Manager (and designees) are hereby ratified and confirmed.
Section 6. Subject to the Supreme Court Stay and at such time as the City and
Agency become exempt from Parts 1.8 and 1.85 based on the effectiveness of its actions to "opt-
in" pursuant to Part 1.9, this Resolution shall be of no further force or effect.
Section 7. This Resolution shall in no way be construed as requiring the City
(or Agency) to abide by the 2011 Redevelopment Legislation in the event either, or both, bills
are found unconstitutional or otherwise legally invalid in whole or in part, nor shall this
Resolution effect or give rise to any waiver of rights or remedies the City (and/or Agency) may
have, whether in law or in equity, to challenge 2011 Redevelopment Legislation. This
Resolution shall not be construed as the City's (and/or Agency's) willing acceptance of, or
concurrence with the 2011 Redevelopment Legislation, either AB Xl 26 or AB Xl 27; nor does
this Resolution evidence any assertion or belief whatsoever on the part of the City (and/or
Agency) the 2011 Redevelopment Legislation is/are constitutional or lawful.
Section 8. This Resolution has been reviewed with respect to applicability of the
California Environmental Quality Act ("CEQA"), the State CEQA Guidelines (Califomia Code
of Regulations, Title 14, Sections 15000, et seq., hereafter the "Guidelines"), and the City's
envirotunental guidelines. The City Council has determined that this Resolution is not a
"project" for purposes of CEQA, as that term is defined by Guidelines Section 15378, because
this Resolution is an organizational or administrative activity that will not result in a direct or
indirect physical change in the environment. (Guidelines Section 15378(b) (5)).
Section 9. This Resolution shall take effect upon the date of its adoption.
Section 10. The City Clerk shall certify to the adoption of this Resolution.
Presented by Approved as to form by~
~~~
Jim Sandoval Glen R. Googins
City Manager City Attorney
1-15
~dt~i`fia~a,~ lnforn~.r~i~n
~/~~~i
REDEVELOPMENT AGENCY FUNDS
The Chula Vista Redevelopment Agency was created on October 24, 1972 by City Council
Ordinance. The goals of the Redevelopment Agency are to reduce blight and to encourage new
development, reconstruction, and rehabilitation of residential, commercial, industrial, and retail uses.
Since the Agency's creation, the City has adopted and amended six project areas to encompass a total
of approximately 3,563 acres of City territory. Current land uses within these areas are mostly
commercial and industrial, but also includes some residential and public uses (e.g., governmental
administrative centers, corporation yards, streets, etc.).
In 1979 and 2000, the City financially merged the various project areas into two primary configurations:
(1) the Merged BayfronUTown Centre I Redevelopment Project Area (1979) and (2) the Merged Chula
Vista Redevelopment Project Area (2000). The merger of project areas allows the Agency to pool tax
increment revenues generated in different project areas and leverage them appropriately to create
benefit for the entire merged project area. The Agency receives tax increment revenues resulting
from increases in the assessed valuation within the redevelopment project areas over the base year
assessed valuation.
The RDA focuses on the development of sustainable neighborhoods through a variety of
investments such as:
Crime reduction through elimination of blight,
Improve infrastructure and public facilities,
• Provide funds for valuable public services,
Support small business and enhance job opportunities,
.Revive business districts and downtowns
as
FUND DESCRIPTIONS
The Agency budget is organized into operating funds, pass-through funds and debt service funds.
The operating funds account for the staffing and expenditures required in the day-to-day activities of
the Redevelopment Agency. The Low and Moderate Housing Income fund is included as an
operating fund, it accounts for the statutorily required 20 percent set-aside for used for
administering the City's low and moderate-income housing and related expenditures. The Debt
Service funds are used to pay for Agency debt service on its outstanding Tax Allocation Bonds,
Certificates of Participation and the Advances and other debt of the Agency.
Operating Funds
Fund 317 -Low and Moderate Income Housino Fund
The Low and Moderate Income Housing Fund accounts for a statutorily required 20 percent
set-aside of tax increment revenue earned by the Agency for development of affordable
housing. As tax increment revenues are generated in redevelopment project areas, 20
percent of the gross revenue stream is immediately set aside and placed in the Low and
Moderate Income Housing Fund. Those funds, pooled with other federal and state
resources and tax credits, provide an important financing tool to assist in the development of
income-restricted, affordable housing projects.
Fund 611 and 651 Redevelopment Proiect Area Funds
The Project Area Funds are the primary operating funds for the Redevelopment Agency.
These funds account for revenue received from tax increment within the redevelopment
project areas and is used to fund operating expenditures, statutory and negotiated pass
through payments, and Agency capital projects.
Pass-Through Funds
Funds 671 to 675 Southwest Pass-Through Agreement Funds
These funds are used to account for tax increment that is passed through to other agencies
per the negotiated agreement with the County of San Diego as a condition of creating the
Southwest project area. The funds are passed-through to the County of San Diego, County
of San Diego Office of Education, Sweetwater Union High School District, Chula Vista
Elementary School District and the Southwestern Community College District.
so
Debt Service Funds
The Debt Service funds are used to pay for Agency debt service on its outstanding Tax Allocation
Bonds, Certificates of Participation and the Advances and other debt of the Agency.
Fund 653 -RDA 2008 Tax Allocation Refunding Bonds (TARBs) Proiect Fund
This fund was established to account for project expenditures using bond proceeds from the
RDA 2008 Tax Allocation Refunding Bonds (TARBs).
Fund 691 - Long Term Advances Debt Service Fund -Redevelopment Agency
This fund was established to account for Redevelopment Agency interfund loans.
Fund 693 - 2005 Taxable Revenue Bonds Series A - CRA/ERAF Loan Program
In April 2005, the Agency entered into a Loan Agreement with the California Statewide
Communities Development Authority to borrow the amount of $765,000. This amount was
used to pay the Agency's portion of the 2005 Educational Revenue Augmentation Fund
(ERAF) to the County of San Diego pursuant to Section 33681.12 of the California Health
and Safety Code.
Fund 694 - 2006 Taxable Revenue Bonds Series A - CRA/ERAF Loan Program
In April 2006, the Agency entered into a Loan Agreement with the California Statewide
Communities Development Authority to borrow the amount of $930,000. This amount was
used to pay the Agency's portion of the 2006 Educational Revenue Augmentation Fund
(ERAF) to the County of San Diego pursuant to Section 33681.12 of the California Health
and Safety Code.
Fund 695 - 2006 Senior Tax Allocation Refunding Bonds Series A
In July 2006, the Redevelopment Agency issued the 2006 Senior Tax Allocation Bonds,
Series A in the amount of $13,435,000 to refinance the Agency's outstanding BayfrontlTown
Centre Redevelopment Project 1994 Senior Tax Allocation Refunding Bonds Series A (the
"1994 A Bonds). The original bonds were issued to finance improvements in the
BayfrontlTown Centre Project Areas. The Annual Debt Service is paid from property tax
increment generated in the project areas. The term of the bonds runs through 2027.
s~
Fund 696 - 2006 Subordinate Tax Allocation Refunding Bonds. Series B
In July 2006, the Redevelopment Agency issued the 2006 Subordinate Tax Allocation
Bonds, Series B in the amount of $12,325,000 to refinance the Agency's outstanding
BayfrontlTown Centre Redevelopment Project 1994 Senior Tax Allocation Refunding Bonds
Series D (the "1994 D Bonds) and the 1994 Subordinate Tax Allocation Refunding Bonds,
Series C (the 1994 C Bonds) The original bonds were issued to finance improvements in the
Bayfront/Town Centre Project Areas. The Annual Debt Service is paid from property tax
increment generated in the project areas. The term of the bonds runs through 2021.
Fund 697 -RDA 2008 Tax Allocation Refunding Bonds (TARBs)
This fund was established to account for the debt service payments for the refunding of the
Redevelopment Agency 2000 Tax Allocation Bonds (Merged Redevelopment Project) in the
amount of $21,625,000. The Merged Redevelopment Project was created on August 22,
2000, pursuant to an amendment to the redevelopment plans for three of the Agency's four
existing redevelopment projects, the Town Centre II Project Area, the Otay Valley Project
Area and the Southwest Project Area. The Merged Project Area was amended in 2004
adding 494 acres. The Bonds were issued to provide funds for the repayment of certain
obligations of the Merged Redevelopment Project and other interfund loans, and for general
redevelopment purposes. The term of the bonds is through the year 2036.
REVENUES
The table below provides a comparison of the budgeted revenues for fiscal year 2010-11 to the
proposed fiscal year 2011-12 revenues. The table does not reflect the debt service or pass through
funds revenue budget.
92
Redevelopment Agency Operating Fund Revenues
A summary of the notable changes by category are listed below:
• Property Taxes -The decrease in this category ($396,470) reflects the projected decrease
in property tax increment revenue for fiscal year 2011-12 due to changes in assessed
valuations of redevelopment areas. These reductions are partially offset by an increase in
the CPI Inflation Factor.
• Use of Money & Property -The decrease represents a reduction of $9.6 million for the sale
of property. This was a onetime transaction in the fiscal year 2010-11 budget. The proceeds
of this sale were used as a loan repayment to the City's General Fund.
• Transfers In -The decrease ($1.6) million in this category is due to decreased funding in the
transfers from the redevelopment project areas to the Low and Moderate Income Housing
Program.
• Other Revenue -This revenue category increases by $291,016 as a due to increased
parking meter revenue and miscellaneous revenue increases in the Merged Redevelopment
Agency Project area budget.
EXPENDITURES
The table below provides a comparison of the budgeted expenditures for fiscal year 2010-11 to the
proposed fiscal year 2011-12 expenditures. The table does not reflect the debt service or pass-
through funds expenditure budget.
A summary of the notable changes by category are listed below:
• Personnel Services - A net decrease or $52,069 due to a decrease in hourly wages
($25,000), and decreases in retirement and worker's compensation costs.
93
Redevelopment Agency Operating Fund Expenditures
• Supplies and Services -The decrease ($314,200) in this category is due to decreases in
the Professional Services and Other Contractual expenditures accounts.
• Other Expenses - A net decrease of ($68,642) due to a decrease of ($362,000) in
Reimbursements to Other Agencies and City Staff Services expenses. These decreases are
offset by increases in Relocation Payment expenses and Property Tax Administration
charges in the amount of $293,000.
• Transfers Out -The decrease in this category ($10.4) million reflects transfers from the
operating funds to a debt fund and the corresponding transfer from the debt fund to the
City's General Fund for the one-time loan repayment ($9.6) million.
• CIP Project Expenditures - No CIP Project Expenditures are budgeted for fiscal year 2011-
12.
• Non-CIP Project Expenditures -The increase in this category reflects $2.0 million for
Council approved projects and $300,000 for the Storefront Program.
• Utilities -The budgeted level is reduced based on projected usage for fiscal year 2011-12.
sa
FUND SUMMARY
EXPENDITURES
Personnel Services
Supplies and Services
Other Expenses
Capital
Utilities
Transfers Out
CIP Project Expenditures
Non-CIP Project Expenditures
TOTAL EXPENDITURES
REVENUES
Property Taxes
Use of Money & Property
Revenue from Other Agencies
Other Revenue
Transfers In
TOTAL REVENUES
752,296 570,535. fi37,002 584,934 ;
235,118 528,329 83D;750 Si6,55Dc
__
4,510,624 7,489,785 2,591;737 '2,523,095'
3,917 5,089 6DOD 6,OD0'
1,198 2,159 2,4D0 1,900
11,848,876 8,554,071 21,450,759 11,034,480
685,551 1,612,273 994;531 0
7,724 300,000 4 000;000 6,300,000
$18,045,304 $19,062,241 $30,513,179 $2Q966,960
13,781,684 13, 884, 637 14, 503,818 .14,107,347
276,178 226,324 9,662;885 32,885
D 0 40, 000 0
40,792 758,669 30;000 321,016.'
6,905,068 11,012,439 4,369x734 2,821,469
$21,003,722 $25,882,069 $28,606,437 $17,282,718
NET FUND ACTIVITY $2,958,418 $6,819,828. x$1,906,742) ($3,684,242)
FUND DETAIL
EXPENDITURES
317 RDA Low 8 Mod Income Housing
611 Redev Bayfront/Town Centre I
641 Redev Fine Arts
651 So West/Twn Ctr II/Oty Vly
TOTAL EXPENDITURES
REVENUES
317 RDA Low & Mod Income Housing
611 Redev Bayfront/Town Centre I
641 Redev Fine Arts
651 So West/Twn Ctr II/Oty Vly
TOTAL REVENUES
'NET FUND ACTIVITY
1,013,771 585,816 4,816,956 6,817706
3,442,852 4,943,181 5,201,687 .4,565,001
0 0 20;000 0
13,588,681 13,533,244 20,474;536 9,584,253
$18,045,304 $19,062,241 $30,513,179 $20,966,960
2,934,991 7,025,279 2,918,648 2,839,354
4,678,515 5,931,995 5,201,688 4,567,263
1,031 674 0 0
13, 389,185 12,924,121 20 486,101 9, 876 10D
$21,003,722 $25,882,069 $28,606,437 $17,282,718
$2,958.,418 $6,819,828 ($1,906,742) ($3,684,242)
ss
STAFFING SUMMARY - 651
Assistant Director of Redevelopment and
Housing
Senior Administrative Secretary
Senior Project Coordinator
1.00 - 1.00
1.00 - - 1.00
2.00 - - 2.00 ;
ss
FUND SUMMARY
EXPENDITURES
Other Expenses 53,301 1,355,943 1,420,887 1,420,882
TOTAL EXPENDITURES $53,301 $1,355,943 $1,420,887 $1,420,887
REVENUES
Use of Money & Property 54,207 11,792 0 0
Other Revenue D 1,338,895 0 0
Transfers In 0 0 1,400,437 1,469,506,
TOTAL REVENUES $54,207 $1,350,687 $1,400,437 $1,469,506
':NET FUND ACTIVITY. $906 ($5,256) ($20,450) $48,619
FUND DETAIL
671 SW Area Tax Agmt-SUHSD 22,506 254,296 263,662 263;662
672 SW Area TaxAgmt-C.O.E. 1,127 35,415 37,195 37,195
673 SW Area Tax Agmt-CV Elem SD 8,648 384,020 403;193 ` 403,193.
674 SW Area Tax Agmt-SW CC Dist 1,913 67,572 71;024 71,024
675 SW Area TaxAgmt-County SD 19,107 614,640 645,813 645;813
TOTAL EXPENDITURES $53,301 $1,355,943 $1,420,887 $1,420,887
REVENUES
671 SW Area Tax Agmt-SUHSD 23,806 251,198 259,862 272,351..
672 SW Area Tax Agmt-C.O.E. 871 35,341 36,645 ' 38,408
673 SW Area Tax Agmt-CV Elem SD 9,412 383,345 397,393 416,492
674 SW Area TaxAgmt-SW CC Dist 1,673 67,429 69,924 73,284'
675 SW Area Tax Agmt-County SD 18,445 613,374 636;613 668,973
TOTAL REVENUES $54,207 $1,350,687 $1,400,437 $1,469,506
NET FU ND ACTIVITY $906 ($5,256) ($20,450) $48,619
s~
FUND SUMMARY
EXPENDITURES
Supplies and Services 8,526 7 856 95;000' 15,000 -
Other Expenses 21,359,682 4,319 485 4,502;918 4,499,112f
Transfers Out 9,981,158 4,160,694 9,012;152 2,200,000'
TOTAL EXPENDITURES $31,349,366 $8,488,035 $13,530,070 $6,714,112
REVENUES
Use of Money & Property 245,230 102,636 0 0
Other Revenue 21,625,481 698 0 0
Transfers In 13,236,341 4,534,122 15,814,750 5,411,971
TOTAL REVENUES $35,107,052 $4,637,456 $15,814,750 $5,411,971
NET FUND ACTIVITY ' $3,757,686 ($3;85Q,579j' $2,284,680 ($1,302,141]
FUND DETAIL
EXPENDITURES
652 RDA 2000 TABS Project Fund 3,286,812 0 0 0 ?
653 RDA 2008 TARBS Project Fund 4,148,731 0 1,000,000 0
689 2000 Tax Alloc Bond (RDA Proj) 2,237,310 0 D 0 '
691 Long-term Advances DSF -RDA 1,546,967 5,278,598 9,212,152 3.,400,000
693 OS Tax Rev (ERAF) 98,704 100,569 102,318 98,354
694 06 Tax Rev Bnd A (CRA/ERAF Ln 124,971 125,631 125,995 126,053
695 06 Sr TABSSerA 1,019,123 1,020,423 1,073,945 1,073,545'.
696 06 Sr TABS Ser B 1,000,613 996,703 , . 1,047„084 TD47,384
697 OS Tax Allocation Refunding Bond 17,886,135 966,111 968,776 968,776
TOTAL EXPENDITURES $31,349,366 $8,488,035 $13,530,070 $6,714,112
REVEN UES
652 RDA 2000 TABS Project Fund 8,360 0 0 0
653 RDA 2008 TARBS Project Fund 7,847,679 1,280 0 0
689 2000 Tax Alloc Bond (RDA Proj) 60,894 0 0 `0
691 Long-term Advances DSF -RDA 5,842,473 2,807,220 12,598,971 2,200,000
693 05 Tax Rev (ERAF) 101,356 37,541 102,1.18 98,354
694 06 Tax Rev Bnd A (CRA/ERAF Ln 129,191 24,985 125,996 126,052
695 06 Sr TABS SerA 821,153 426,999 1,022;945 1,022,545 ';
696 06 Sr TABS Ser B 352,620 888,420 996,084 996,384'
697 08 Tax Allocation Refunding Bond 19,943,326 451,011 968,636 968,636
TOTAL REVENUES $35,107;052 $4,637,456 $15,814,750 $5,411,971
iJfT FU ND ACTIVITY $3,757,686 ($3,850,579) $2,284,680 {$1,302,141)
sa
HOUSING AUTHORITY FUNDS
he Housing Authority was formed in 1993. A Housing Authority can provide tax-exempt bond
Tfnancing, own and operate housing, and operate various housing programs. The Chula Vista
Housing Authority does not own or operate housing, and the Section 8 rental assistance programs
including Public Housing are operated in Chula Vista by the County of San Diego Housing
Authority. The staff of the Housing Authority provides comprehensive housing services for the City.
The Chula Vista Housing Authority fund is the clearinghouse for all housing related staff activity.
Personnel expenses are budgeted here, and are reimbursed by various other funds such as the
Low and Moderate Income Housing Fund, and CDBG Fund. The Housing Funds will receive $0.9
million in staff time reimbursements for administering the City's Housing, CDBG, HOME and other
grants and for monitoring of bond covenants for affordable housing bonds issued by the City's
Housing Authority. The Housing Authority focuses on the development of sustainable
neighborhoods through a variety of investments such as:
• Production of affordable housing and home ownership opportunities
• Revive business districts and downtowns
• Clean-up of contaminated properties
• Neighborhood beautification such as upgrading facades and sidewalks
FUND DESCRIPTIONS
Fund 313 -Chula Vista Housing Authority
The Chula Vista Housing Authority accounts for all housing related activities not considered
eligible for reimbursement by the Low and Moderate Income Housing. Fund.
99
FUND SUMMARY
EXPENDITURES
Personnel Services
Supplies and Services
Other Expenses
Capital
Utilities
Transfers Out
TOTAL EXPENDITURES
REVENUES
Use of Money & Property
Charges for Services
Other Revenue
Transfers In
TOTAL REVENUES
779,102 825,977 856,097 '841,548
424 15,380 102;800 102,800 ?
175,980 12,875 0 D
780 0
~ 0 0
(1) 0 ~~55 ~ 55=
158,740 4,384,319 192;899 .210,227 -`
$1,115,025 $5,238,551 $1,151,851 $1,154,630
18,408 34,872 0 0
44,364 2,251,730 " 71,000 71,000
768,684 824,199 ' 937;379 920,379
158,740 273,237 " 192,$99 " 192,899
$990,196 $3,384,038 $1,201,278 $1,184,278
NET FUNDACTiV1TY ($124,829) ($1,$54,513) $49,427 $29,648
FUND DETAIL
JI E. !' li l' 1 I I 1
EXPENDITURES
313 CV Housing Authority 938,265 1,046,909 1,151,.851 f„154,630<
315 RDA Housing Program 176,760 4,191,642 0 O i
TOTAL EXPENDITURES $1,115,025 $5,238,551 $1,151,851 $1,154,630
REVENUES
313 CV Housing Authority 984,688 3,373,035 1;201;278 ::1;184,278'.:
315 RDA Housing Program 5,508 11,003 0 0
TOTAL REVENUES $990,196 $3,384,038 $1,201,278 $1,184,278
NET FUND ACTIVITY ($124,829) ($1,854,513); $49,427 $29,648
ioo
STAFFING SUMMARY - 313
Accountant 1.00 - - 1.00
Principal Project Coordinator 1.00 - - 1.00
Project Coordinator I/II 2.00 - - 2.00
Redevelopment and Housing Manager 1.00 - - 1.00
Senior Fiscal Office Specialist 1.00 - - 1:00
Senior Proiect Coordinator 1.00 - - 1.00
toy
f1-Qdl~i~n,~ Ih~ar,mfi~h
~~/ll
PARTIES AND RECTTAL PAGE(S)
Agreement between
Chula Vista Redevelopment Agency
and
Rosenow Spevacek Group Inc.,
to Provide Redevelopment Planning Services
for Bayfront and Town Centre I RedevelopmentPlan Amendments
Pursuant to California Health and Safety Code Sections 33333.10 and 33333.11
This 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 to this Agreement ("Exhibit A"), Paragraph 1, is between the City-related entity whose
name and business form is indicated on Exhibit A, Paragraph 2, ("City"), and the entity whose
name, business form, place of business and telephone numbers are indicated on Exhibit A,
Pazagraphs 4 through 6, ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, on Mazch 8, 2010, City issued a "Notice to Bidders" requesting proposals
to provide the City's Development Services Department professional consultant services to assist
in the redevelopment plan amendment process to extend the effectiveness of the Redevelopment
Plans for the Bayfront and Town Centre I Redevelopment Project Areas (collectively "Project
Areas") for ten years and to extend the time limits to collect tax increment and repay
indebtedness in the Project Areas, pursuant to California Health and Safety Code Sections
33333.10 and 33333.11 ("Project"); and,
WHEREAS, City awarded the bid to Rosenow Spevacek Group Inc. based on
Consultant's history and proven track record of providing redevelopment planning and other
professional services to the City and Redevelopment Agency since 1988; and
WHEREAS, of four bids received by the City during the bid process, Consultant
submitted the most cost-effective bid based on the scope of services required to complete the
Project in the most timely manner; and,
WHEREAS, the Project is a critical financial element for the successful elimination of
physical and economic blighting conditions, in the Bayfront/Town Centre I Redeve lopment
Project Area, and will provide the Redevelopment Agency additional resources in the Project
Areas to fmance public facilities and infrastructure improvements ;and,
WHEREAS, the Project will also enhance the Redevelopment Agency's ability and
fmancial capacity to facilitate revitalization and blight-eliminating activities in the Town Centre I
Redevelopment Project Area and in the City's Third Avenue Village downtown business district;
and,
Page 1
WHEREAS, the Project requires the City to follow certain procedural requirements as
set forth in the California Community Redevelopment Law (California Health and Safety Code
§§33000 et seq.), including the establishment of remaining physical and economic blight in the
Project Areas and the preparation of various reports and documents for review by the City,
affected taxing entities, the California Department of Finance, the California Department of
Housing and Community Development, and the public; and,
WHEREAS, Consultant wazrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement.
[End of Recitals. Next Page Starts Obligatory Provisions.]
Page 2
7. General Duties:
Consultant shall assist City in fulfilling the procedural requirements of the California
Community Redevelopment Law (California Health and Safety Code §§33000 et seq.) to
amend the Redevelopment Plans of the Bayfront and Town Centre I Redevelopment Project
Areas to extend for a period of 10 years the effectiveness of the plans and the time limits to
collect tax increment and repay indebtedness in accordance with Sections 33333.10 and
33333.11 of the Health and Safety Code. Generally, duties will include project coordination,
field surveys, blight research and analysis, coordination on City requirements for compliance
with the California Environmental Quality Act ("CEQA"), prepazation of necessary reports
and plans, and meeting attendance.
8. Scope of Work and Schedule:
A. Detai led Scope of Work:
Consultant shall perform the following tasks
Task 1 -Prepare Detailed Amendment Schedule
Ascertain the Chula Vista Redevelopment Corporation ("CVRC") and City
Council/Agency meeting and agenda deadline schedules and coordinate with staff in the
development of the project schedule. The schedule will articulate the task, timeframes,
and person responsible for each task.
Task 2 - Scoping Meeting
Consultant will meet with appropriate staff to refine the work effort, discuss critical
issues, and identify Agency staff that maybe of assistance in assembling information for
the plan amendment. In prepazation for this meeting, Consultant will review prior plan
amendments for the Project Areas. This will allow Consultant and Agency staff to
discuss the blight present at the time the Project Areas were adopted, and learn from staff
about projects and activities that have remediated blight in portions of the Project Areas.
It may also provide guidance as to blighting conditions that have not yet been addressed,
such as groundwater contamination in the Bayfront Project Area. After the meeting,
Consultant will briefly drive through Project Areas which will provide guidance for the
pazcel-by-parcel blight survey.
Task 3 -Baseline Data Collection
Either during the initial staff meeting or immediately thereafter, Consultant will contact
appropriate personnel to obtain readily available data on infrastructure deficiencies,
improvement plans, other Chula Vista Bayfront Master Plan ("CVBMP") development
standazd documents, building code enforcement violations, crime statistics, real estate
vacancies, and land use impediments to identify the social, physical, or economic
problems in the Merged Project Area. This information will be compazed to like data for
similaz communities and/or the County to determine whether or not the Merged Project
Area is more impacted by physical and economic blighting conditions.
Page 19
Task 4 -Parcel-by-Parcel Blight Survey
A two- or three-member Consultant survey team will conduct cone- to two-day, pazcel-
by-parcel survey of the Project Areas from the public right-of--way. To complete the
survey, Consultant will prepaze a survey instrument that provides an electronic survey
sheet for each pazcel within the Project Areas. The survey sheet will contain fields for
basic physical and economic information about the Project Areas compiled during field
inspection, including parcel-by-parcel blighting conditions as defined in the CRL.
Task 5 -California Environmental Quality Act ("CEQA")
Consultant will coordinate with Agency and City Planning staff to confirm that the
City/Agency will be able to rely on the certified Environmental Impact Reports ("EIIts")
for the CVBNIP, Urban Core Specific Plan ("UCSP"), and General Plan Update to
complete environmental review for the 10-Year Extensions under CEQA. Prepazation of
an Initial Study and Negative Declazation may be required based on discussions with
Planning staff. If so, Consultant has the ability to prepaze draft CEQA documents in-
house and submit them to Agency/City staff for review. ,
Task 6 -Prepare Necessary Documents
Prepare required documentation necessary for the 10-Year Extensions pursuant to the
California Community Redevelopment Law (California Health and Safety Code §§33000
et seq.) ("CRL"). Drafts will be forwarded to Agency staff for review and approval prior
to public distribution. These documents will include, but aze not limited to:
Preliminary Report -Consultant will prepaze a Preliminary Report for the 10-
Yeaz Extensions in accordance with CRL Section 33333.10, 33333.11, and
33344.5. This document outlines the reasons for amendment; presents a map of
azeas no longer blighted, blighted, and necessary and essential to eliminate blight;
describes the remaining physical and economic blight; describes the
projects/programs proposed to eliminate blight, including why they aze not
feasible without the 10-Yeaz Extensions; assesses the feasibility of financing
redevelopment of the Project Areas; amends the Agency's current Five Year
Implementation Plan; provides a Neighborhood Impact Report; and a summary of
existing bonded indebtedness. The Preliminary Report will be transmitted to
affected taxing agencies, California Department of Finance, and California
Department of Housing and Community Development at least 120 days prior to
the public heazing, and will serve as the basis for potential taxing agency
discussions. It will also serve as the "Report on Blight" required by CRL Section
33451.5.
Report to Council -Consultant will prepaze the Report to Council required by
CRL Section 33352. This report forms the basis for a defense against legal
challenges, if any, to the 10-Yeaz Extensions. The report also allows the Agency
to evaluate the financial feasibility and desirability of the proposed redevelopment
implementation projects and programs. Consultant shall prepare this report in
simple, direct language that is understandable to all reviewing parties.
Redevelopment Plan Teat -Consultant will prepare a single merged
Redevelopment Plan for the Project Areas. Concurrent with prepazation of an
Page 20
amended and restated consolidated Plan, the existing Method of Relocation and
Owner Participation and Business Re-entry Guidelines for the Project Areas will
be reviewed and, if appropriate, Consultant will prepaze consolidated documents
for the Project Areas so that the Agency is operating via one unified set of rules
for relocation and owner participation.
Public Improvement Projects List -The Public Improvements Projects List may
be updated to aid in the justification of the 10-Yeaz Extensions.
Notices and Mailing Lists -With the assistance of Agency staff, Consultant will
prepare comprehensive mailing lists of all Merged Project Area taxing agencies,
property owners, businesses, and residential occupants. Property ownership
information will be based upon the assessor's equalized roll. Consultant will work
with Agency Counsel to prepaze all taxing agency and public notices, and ensure
that they aze ready for transmittal in the timeframes required by the CRL.
Consultant will assume the responsibility of transmitting all documents and
notices (excluding the environmental notices) to the taxing agencies as part of the
not-to-exceed fee. Consultant will prepaze community meeting and public
hearing notices for review and approval by staff and Agency Counsel. Consultant
can oversee the actual printing, assembly, and mailing of such notices as an
optional service, chazged in a time and materials basis.
• Staff Reports and Resolutions -Consultant staff shall assist in the prepazation of
necessary staff reports and prepaze draft resolutions for Agency Counsel review.
Documents will be sent in draft form prior to the Agency agenda deadline for
review and comments.
^ Responses to Comments -Comments received at the public hearing in objection
to the amendment (Consultant fee includes responses to 10 objections.- Additional
responses will be billed on a time and materials basis).
Task 7 -Meeting Attendance
Consultant will be available to attend meetings, or participate in teleconference calls
where appropriate, for project management team staff coordination, Planning
Commission/CVRC hearings, community outreach sessions, and Agency Board
meetings/heazings as determined by Agency staff. Specifically, the following meetings,
at minimum, should be attended by Consultant:
• 2 team meetings with staff and Agency Counsel
^ 4 Agency Board Meetings
^ 2 Planning Commission Meetings
• 2 CVRC Meetings
• 4 Community/Advisory Committee Meetings
^ 2 Public Heazings and City Council Meetings - 1 joint public hearing and
adoption meeting if City receives written objections.
Additional meetings may be attended as needed.
Page 21
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:
Deliverable No. 2:
Deliverable No. 3:
Deliverable No. 4:
D. Date for c ompletion of all Consultant services: December 31, 2011
9. Materials Required to be Supplied by City to Consultant:
During the course of the Project, Consultant shall make written and verbal requests for data
necessary to establish blight in the Project Areas and prepaze the required reports and studies.
City staff shall assist Consultant in coordinating with all appropriate City Departments and
other local agencies to retrieve the requested data. Examples of data requirements include,
but aze not limited to, code violations, Part 1 crimes, infrastructure and utility system
information, zoning, parcel-level GIS data, foreclosures, environmental contamination, etc.
Upon request, City staff shall also provide any historical reports and plans that may be
relevant to Consultant's research and analysis.
10. 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:
Milestone or Event or Deliverable
payable as follows:
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 that 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
Page 22
~G~~na-~ ~h~ro''~y~a~ian
~ 6~1 ~
Agreement between
City of Chula Vista
and
DENNIS STONE CONSULTING, INC.
To provide consulting services related to the development and negotiation of processes,
structures, approvals and agreements necessary for the implementation of the Chula Vista
Bayfront Master Plan.
This agreement (Agreement) is between the City-related entity whose name and business
form is indicated on Exhibit A, Paragraph 2, (City), and the entity whose name, business form,
place of business and telephone numbers are indicated on Exhibit A, Paragraphs 4 through 6,
(Consultant), and is made with reference to the following facts:
RECITALS
WHEREAS, the City is engaged in a joint planning process with the Unified Port District
of San Diego (the "Port") related to the development of the Chula Vista Bayfront; and
WHEREAS, the City and the Port have and will continue to consider alternative means
for developing and financing the implementation and management of the Chula Vista Bayfront
Master Plan; and
WHEREAS, the City desires to obtain consulting services related to the Chula Vista
Bayfront Master Plan; and
WHEREAS, the City requires assistance from a qualified consultant in the development
and negotiation of processes, structures, approvals and agreements necessary. for the
development, financing and implementation of the Chula Vista Bayfront Master Plan; and
WHEREAS, this Agreement involves work associated with the Chula Vista Bayfront
Master Plan (the "Project"); and
WHEREAS, Consultant warrants and represents that it is experienced and staffed in a
manner such that it can deliver the services required of Consultant to City in accordance with the
time frames and the terms and conditions of this Agreement; and
WHEREAS, pursuant to Chula Vista Municipal Code section 2.56.090(B)(2) it is in the
City's best interest to waive the City's formal bidding process as impractical, and the City's
interests will be materially better served in that the City is in immediate need of an experienced
consultant who is uniquely familiar with the City's process and procedures.
[End of Recitals. Next Page Starts Obligatory Provisions.]
Page 1
r'wo Party Agreement Between CYry~ of Chula 15sm and Dennis Slone Consulting, !nc
General Duties:
Assist the City in developing and negotiating processes, structures, approvals and
agreements necessary for the implementation of the Chula Vista Bayfront Master Plan.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The implementation of the Chula Vista Bayfront Master Plan (CVBMP) will require a
series of approvals and agreements by and between the City, the Redevelopment Agency,
the Unified Port District of San Diego, the California Coastal Commission, Pacifica
Companies and others.
The Consultant will confer with City staff and policy makers to define key business terms
and negotiating positions for specific agreements between the various organizations, and
assist the City in the discussions, drafting and negotiations of those agreements.
Specific agreements contemplated in Consultant's scope aze:
1. CVBMP Finance Agreement
2. CVBMP Fire Station Agreement
3. Pacifica Owner Participation Agreement ("OPA")
4. Joint Powers Authority Financing Terms
The Consultant will also advise the City on strategies and preparation for obtaining
California Coastal Commission and other necessary approvals, and prepare and present a
case study on the Chula Vista Bayfront Master Plan at the Urban Land Institute annual
conference.
For each Phase listed in Section 10 of the Agreement, Consultant will:
o Meet with and advise City staff on key business terms and negotiating
positions,
o Prepare draft language for agreements,
o Schedule and attend all necessazy meetings,
o Represent, as appropriate and desired by City staff, City's position in
negotiations,
o Prepare, as appropriate, final draft documents.
Completion of Consultant's scope is not contingent on City's final discretionary approval
or adoption of agreements.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
9. Materials Required to be Supplied by City to Consultant:
Page 17
Two Par[! Agreement Between Ciry ajChufa Vista and Dennis Stone Consul[ing !nc