HomeMy WebLinkAboutRDA Packet 2004/11/23
Notice is hereby given that the Chairman of the Redevelopment Agency has called and will convene
a special meeting of the Redevelopment Agency and an Adjourned Regular Meeting of the City
Council, Tuesday, November 23, 2004, at 6:00 p.m., immediately following the City Council
meeting in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula
Vista, California to consider, deliberate and act upon the following:
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el1Y OF
CHUIA VISTA
TUESDAY, NOVEMBER 23.2004
6:00 P.M.
(immediately following the City Council meeting)
COUNCIL CHAMBERS
PUBLIC SERVICES BUILDING
JOINT MEETING OF THE
REDEVELOPMENT AGENCY J CITY COUNCIL
OF THE CITY OF CHULA VISTA
CALL TO ORDER
ROLL CALL
Agency/Council 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. APPROVAL OF MINUTES - September 21 and October 26, 2004
2. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA JOINT RESOLUTION OF THE
CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING THE SECOND AMENDMENT TO THE
AGREEMENT WITH ADVOCATION, INC. EXERCISING THE CITY'S OPTION
TO EXTEND THE CONTRACT FOR THE 2005-2006 LEGISLATIVE SESSION,
AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE THE SECOND
AMENDMENT ON BEHALF OF THE CITY OF CHULA VISTA - On December
31, 2004, the current agreement with Advocation, Inc. expires. This
agreement was for the provision of legislative representation in Sacramento
throughout the 2003-2004 legislative session.. Based on the firm's success
in promoting Chula Vista's legislative agenda, staff recommends exercising
the City's option to extend this contract.
STAFF RECOMMENDATION: Agency/Council 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 II 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.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council/Agency, staff, or members of the general public. The items will be considered individually by the
Council/Agency 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 Secretary to
the Redevelopment Agency or City Clerk prior to the meeting.
3. JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA (1) AUTHORIZING THE
FORMATION OF A 501C3 PUBLIC BENEFIT CORPORATION FOR PURPOSES
OF CONDUCTING REDEVELOPMENT AND PLANNING ACTIVITIES WITHIN
THE URBAN CORE PLANNING AND REDEVELOPMENT AREAS OF CHULA
VISTA; (2) DIRECTING STAFF TO PREPARE NECESSARY LEGAL
DOCUMENTS NEEDED FOR THE 501C3 FORMATION (3) APPROPRIATING
FY 04-05 OPERATING BUDGET AND COMPENSATION SCHEDULE FOR THE
501C3 BOARD OF DIRECTORS; AND (4) DIRECTING CITY STAFF AND THE
CITY ATTORNEY TO REPORT BACK TO THE CITY COUNCIL BY JANUARY
2005 WITH DRAFT LEGAL AND OPERATING DOCUMENTS - On February
3, 2004, the City Council directed staff and consultants to prepare an
analysis and discussion paper on the creation of a 501 c3 Redevelopment
Corporation. As part of the preparation for this report, two facilitated
workshops were held on the formation of a 501 c3 Corporation. A detailed
report was distributed to the Council and the public on July 20, 2004; the
report builds upon the conclusions and recommendations from these
workshops, the July report and recent legal analysis prepared by Rutan and
Tucker, LLP, Attorneys at Law on behalf of the City Attorney's Office.
[Director of Community Development]
STAFF RECOMMENDATION:
1) Authorize the formation of a 501 c3 Public Benefit Corporation for the
purposes of conducting redevelopment and planning activities within
Redevelopment Agency, November 23, 2004
Page 2
the Urban Core Planning Areas and Redevelopment Project Areas of the
City of Chula Vista.
2) Direct the City Attorney and the Community Development Director to
prepare all necessary legal and operational documents including, but not
limited to, the Articles of Incorporation, Bylaws, operational budget, and
amendments to City Ordinances as described in Attachment "B."
3) Appropriate $100,000 for the preparation of formation documents and
for the initial period of operation in FY 04-05.
4) Establish compensation schedule for 501c3 board members at $750 per
month and $1,500 per month for the Board Chair.
OTHER BUSINESS
4. DIRECTOR'S REPORT
5. CHAIR REPORT
6. AGENCY COMMENTS
ADJOURNMENT
The meeting will adjourn to a regular meeting of the Redevelopment Agency on
December 7,2004, at 4:00 p.m., immediately following the City Council meeting
in the City Council Chambers.
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, and/or 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, November 23, 2004
Page 3
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
September 21, 2004
6:00 p.m.
An Adjourned Regular Meeting of the City Council and a Regular Meeting of the
Redevelopment Agency of the City of Chula Vista were called to order at 6:55 p.m. in the
Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista,
California.
ROLL CALL:
PRESENT:
Agency/Councilmembers: Davis, McCann, Rindone, Salas and
Chair/Mayor Padilla
ABSENT:
Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City
Attorney Moore, and City Clerk Bigelow
CONSENT CALENDAR
Regarding Item I, Agency/Councilmember Rindone requested a report on the incentive
payments and an analysis of the annual sales tax for the incentive period by dealership.
I. AGENCY RESOLUTION NO. 1895, RESOLUTION OF THE REDEVELOPMENT
AGENCY OF THE CITY OF CHULA VISTA APPROPRIATING $23,465 FROM THE
AVAILABLE BALANCE OF THE MERGED PROJECT AREA FOR THE PURPOSE
OF AN INCENTIVE PAYMENT DUE TO PEOPLE'S CHEVROLET PURSUANT TO
A 1993 DISPOSITION AND DEVELOPMENT AGREEMENT
In 1993, the Redevelopment Agency adopted a disposition and development agreement
for the Chula Vista Auto Park Phase I, including a provision for payment of incentives to
auto dealers if they exceeded a threshold of sales tax receipts to the City during the first
15 years of operations. The auto dealer incentives are based on a formula contained in
the agreement. Based on the formula, People's Chevrolet exceeded the sales tax
threshold in 2003 and is due an incentive payment. (Director of Community
Development)
Staff recommendation: Agency adopt the resolution.
2. ORDINANCE NO. 2978, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A ZONE CHANGE (PCZ-03-06) FROM LIMITED
INDUSTRIAL TO CENTRAL COMMERCIAL FOR 4501 MAIN STREET &
Y ACOEL PROPERTIES, LLC (SECOND READING AND ADOPTION)
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CONSENT CALENDAR (Continued)
The applicant, Yacoel Properties, LLC, requested a General Plan amendment, zone
change and design review to allow the development of a retail commercial shopping
center on the south side of Main Street and the east side ofInterstate 805. The proposed
shopping center consists of five retail tenants and two restaurant pads, totaling
approximately 189,000 square feet on a site of approximately 17.2 acres. On August 24,
2004, the Council adopted a resolution approving the General Plan amendment, and the
Redevelopment Agency adopted a resolution approving the design review. The Council
also placed the ordinance on first reading to approve the zone change (PCZ-03-06) from
limited industrial to central commercial. (Director of Community Development)
Staff recommendation: Council adopt the Ordinance.
3. ORDINANCE NO. 2979, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE NEGATIVE DECLARATION (IS-03-034) AND
AMENDING THE ZONING MAPS ESTABLISHED BY SECTION 19.18.010 OF THE
MUNICIPAL CODE, REZONING A 1.2 ACRE PARCEL LOCATED AT 1030/1034
BROADWAY FROM THE THOROUGHFARE COMMERCIAL, PRECISE PLAN
ZONE TO THE CENTRAL COMMERCIAL, PRECISE PLAN ZONE AND
ADOPTING PRECISE PLAN STANDARDS (SECOND READING)
The applicant, Carlos Madrazo, requested a zone change in order to rezone a 1.2-acre
parcel located at 1030/1034 Broadway to Central Commercial to allow a mixed-use
project. (Director of Planning and Building)
Staff recommendation: Council adopt the Ordinance.
ACTION:
Chair/mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0.
ORAL COMMUNICATIONS
There were none.
OTHER BUSINESS
4. DIRECTOR/CITY MANAGER'S REPORTS
There were none.
5. CHAIR/MA YOR'S REPORTS
There were none.
6. AGENCY/COUNCILMEMBER COMMENTS
There were none.
ADJOURNMENT
At 7:00 p.m., ChairlMayor Padilla adjourned the meeting to a Regular Meeting of the
Redevelopment Agency on October 5, 2004, at 4:00 p.m., immediately following the City
Council Meeting in the Council Chambers. .
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Susan Bigelow, MMC, City Clerk
Page 2 CouncillRDA Minutes
1- L
09/21/04
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE CITY COUNCIL
AND A SPECIAL MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
October 26, 2004
6:00 p.m.
An Adjourned Regular Meeting of the City Council and a Special Meeting of the Redevelopment
Agency of the City of Chula Vista were called to order at 6:24 p.m. in the Council Chambers,
located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Agency/Councilmembers: Davis, McCann, Rindone, Salas and
Chair/Mayor Padilla
ABSENT:
Agency/Councilmembers: None
ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City
Attorney Moore, and City Clerk Bigelow
CONSENT CALENDAR
Agency/Councilmember Salas stated that she would abstain from voting on Item No. 2A due to
the proximity of her residence to the property.
1. APPROVAL OF MINUTES of September 14, 2004.
Staff recommendation: Council! Agency approve the minutes.
2. A. COUNCIL RESOLUTION NO. 2004-345, AND AGENCY RESOLUTION NO. 1896,
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA APPROPRIATING $575,000 AS A LOAN FROM
THE GENERAL FUND TO THE BAYFRONT/TOWN CENTRE 1
REDEVELOPMENT AGENCY, TO REIMBURSE THE PORT DISTRICT FOR THE
COSTS ASSOCIATED WITH CANCELLATION OF THE PROPERTY
TRANSACTION FOR THE 2.73 ACRE PARCEL OF LAND AT 980 LAGOON
DRIVE
B. COUNCIL RESOLUTION NO. 2004-346, AND AGENCY RESOLUTION NO. 1897,
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA CONCURRING WITH PORT DISTRICT BOARD
APPROVAL OF A CONSULTING AGREEMENT WITH COOPER, ROBERTSON
AND PARTNERS, FOR A PERIOD OF SEVEN MONTHS FOR A FEE NOT TO
EXCEED $675,000, TO PROVIDE URBAN WATERFRONT PLANNING AND
DESIGN CONSULTING SERVICES FOR PHASE II OF THE CHULA VISTA
BA YFRONT MASTER PLAN
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CONSENT CALENDAR (Continued)
In 1997, the Port District and City entered into a purchase agreement for the Port's
acquisition of the 2.73-acre parcel of land at 980 Lagoon Drive. Since the original
transaction was negotiated, the Port and the City have embarked upon a joint master
planning effort for the Chula Vista Bayfront, which includes the subject property. The
intent of the original purchase agreement has changed and, therefore, cancellation of the
property transaction is recommended. To reimburse the Port District for costs associated
with cancellation of this transaction, a loan from the General Fund to Bayfront Town
Centre I Redevelopment Agency is necessary. On October 19, 2004, the Port Board
agreed to combine these reimbursed funds with other Port funds committed for the Chula
Vista Bayfront master planning effort. The Board also approved a consulting agreement
with Cooper, Robertson, and Partners to provide urban waterfront planning and design
consulting services for the master plan. (Director of Community Development)
Staff recommendation: Council/Agency adopt the resolutions.
3. COUNCIL RESOLUTION NO. 2004-347 AND AGENCY RESOLUTION NO. 1898,
RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA WAIVING THE FORMAL BIDDING PROCESS
AND APPROVING A TWO PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND RECON, FOR CONSULTING SERVICES TO PREPARE A
MASTER ENVIRONMENTAL IMPACT REPORT FOR THE CITY'S URBAN CORE
SPECIFIC PLAN, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
On May 27, 2003, the Council and Redevelopment Agency directed staff to initiate the
preparation of an Urban Core Specific Plan, the completion of which has been identified
as a high priority by the City, in order to assist in the revitalization of the Urban Core.
Adoption of the Urban Core Specific Plan would require the certification of an
Environmental Impact Report pursuant to the California Environmental Quality Act.
(Director of Planning and Building)
Staff recommendation: Council/Agency adopt the resolution.
ACTION:
Chair/Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived. The motion carried 5-0, except
for Item 2A, which carried 4-0-1, with Agency/Councilmember Salas abstaining
due to the proximity of her residence to the property.
ORAL COMMUNICATIONS
There were none.
Page 2 CounciVRDA Minutes
1- ci
10/26/04
OTHER BUSINESS
4. DIRECTOR/CITY MANAGER'S REPORTS
There were none.
5. CHAIRIMAYOR'S REPORTS
There were none.
6. AGENCY/COUNCILMEMBER COMMENTS
There were none.
ADJOURNMENT
At 6:27 p.m., Chair/Mayor Padilla adjourned the meeting to a Regular Meeting of the
Redevelopment Agency on November 2, 2004, at 4:00 p.m., immediately following the City
Council Meeting in the Council Chambers.
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Susan Bigelow, MMC, City Clerk
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Page 3 CounciVRDA Minutes
10/26/04
PAGE 1, ITEM NO.: .;L
MEETING DATE: 11/23 04
JOINT REDEVELOPMENT AGENCY / CITY COUNCIL
AGENDA STATEMENT
ITEM TITLE: JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT
WITH ADVOCATION, INC. EXERCISING THE CITY'S OPTION TO
EXTEND THE CONTRACT FOR THE 2005-2006 LEGISLATIVE
SESSION, AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE
THE SECOND AMENDMENT ON BEHALF OF THE CITY OF CHULA
VISTA.
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR, REDEVELOPMENT AGENCY
4/5THS VOTE: YES D NO 0
BACKGROUND
On December 31, 2004, the current agreement with Advocation Inc. expires. This agreement was
for the provision of legislative representation in Sacramento throughout the 2003-2004 legislative
session. Based on the firm's success in promoting Chula Vista's legislative ogenda, staff
recommends exercising the City's option to extend this contract.
RECOMMENDATION
That the Council/Redevelopment Agency approve the Second Amendment to the Agreement with
Advocation, Inc. exercising the City's option to extend the contract for the 2005-2006 legislative
Session (proposed agreement attached as exhibit "A"). The effective period will be January 1,
2005 through December 31, 2006, with two two-year renewal options (at the City's sole ond
unfettered discretion) remaining on the original Agreement.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
Backaround
The City of Chula Vista, together with its Redevelopment Agency, has contracted for legislative
representation since 1986 in order to augment the City's existing relationship with key legislators
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PAGE 2, ITEM NO.:
MEETING DATE:
11 23 04
and policy administrators, as well as to maintain a high level of effective advocacy with the
legislative and executive branches of State government-- particularly with regard to the City's
adopted legislative Program.
Procedure
In 2000, the Council approved a contract with Advocation, Inc. to provide lobbying services. At
the time of the award, Council also agreed to include the option of renewing this agreement for
four additional two-year periods. In determining whether or not to recommend thot the Council
exercise the first of the extensions, city staff reviewed the following criteria:
. degree of success in achieving the goals of the Council's adopted legislative program
· experience of principal representatives in Sacramento politics and municipal issues;
. proven ability to influence and affect the opinions ond actions of the legislotive ond
executive branches of State government, as well as the State's administrative staff;
· demonstrated expertise in those issues and topics covered by the City's legislative
program;
. sufficiency of staff to meet the workload and timing requirements of the City's legislative
Program;
· and demonstrated stability from a financial, organizational and personnel perspective.
Qualifications of the Firm
Advocation, Inc. has been omong the largest and most successful lobbying firms in Socramento
for more than 30 years. Their staff of lobbyists represents a combined toto I of more than 100
years of experience in lobbying the California legislature and Administration.
The firm currently represents such corporate clients as VISA USA, Prudential Insurance Company,
NASCAR and Federal Express. The firm's association with these kinds of clients is a significant
benefit when meeting with members of the legislature or with the Governor's office.
In addition, the diversity of Advocation's client base, and the resulting expansive professional
network developed by the firm, has given Advocation an exceptionally high level of expertise in
issues with which Chula Vista is deeply involved, including: transportation funding, revenue
allocation at the state and local level, utility deregulation, labor relations, workers compensation
reform, and developing effective coalitions to improve the City's ability to advance its legislative
agenda.
Advocation is well-positioned to assist the City in addressing many of the issues facing the
legislature in the coming session, including: resolution of the looming $5 - 6 billion budget deficit
in the next fiscal year, development of a sound energy policy prior to potential shortages facing
the state as early as 2006 and negotiation/adoption of the Governor's "California Performance
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PAGE 3, ITEM NO.:
MEETING DATE:
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Review" recommendations for restructuring the state's massive array of agencies, departments,
boards and commissions and their functions.
Scope of Work
The recommended contract designates Advocotion, Inc. as the City/Agency's official legislative
representative with the California State legislature and various governmental agencies. Further,
the agreement will include requirements that the City/Agency be provided with comprehensive
legislative services including:
1. Review of all bills introduced in the California legislature, informing the City/Agency of all
State legislation affecting the City/Agency's primary interests, and forwarding advance
copies of such bills to the City/Agency when not available electronically;
2. Attending all league of California Cities regular "city representative" meetings and
briefings;
3. Coordinating legislative activities and policies with the Colifornia Redevelopment
Association;
4. Tracking legislation on which the City/Agency has token a position, maintaining bill
records and notifying the City/Agency of pending or completed amendments to such bills;
5. Arranging meetings with legislative representatives for elected officials and City staff when
necessary, and being prepared to participate in these meetings as required;
6. Performing customary duties of legislative advocacy and governmental affairs
representation on behalf of the client to the best of their ability, experience and expertise;
7. Gothering data and providing information to the City/Agency on such matters as:
a. State agency and deportment regulations, guidelines, directives, and other
instruments of administrative policy that may impact City/Agency projects or
operations;
b. Funding opportunities for proposed City/Agency projects and maximizing use of
all available State resources for financing programs and mandates;
c. Hearings, reports and testimony of interest to the City/Agency;
8. Representing the City/Agency in meetings with state bodies, boards, commissions, and
legislative bodies;
9. Developing legislative initiatives to assist in the implementation of the City/Agency's
legislative Program;
10. Tracking and monitoring propositions and initiatives at the State level and keeping the
City/Agency apprised of proposals that impact City Services.
11. Consistent with the City/Agency's legislative Program, working directly with the Executive
Director of the Agency on:
a. Developing legislative initiatives and sponsoring appropriate legislation to further
assist in the implementation of the City/Agency's legislative Program and the
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PAGE 4, ITEM NO.:
MEETING DATE:
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11 23 04
Agency's economic development, planning, and redevelopment programs and
activities.
b. Developing strategies and work programs to identify and secure federal and state
grant funding opportunities and sources for the Agency's economic development,
planning, and redevelopment programs and activities.
c. Developing and implementing strategies to protect local funding for redevelopment
agencies and prevent shifts or reallocations of redevelopment agency funds to the
state or to agencies, entities, programs, or funding accounts that would otherwise be
funded by the state.
FISCAL IMPACT
Advocation has agreed to provide their services at a monthly rate of $6,000, exclusive of
expenses. The annual contract cost would not exceed $ 79,000 inclusive of expenses. A portion
of this fee (35%) is paid by the City's Redevelopment Agency. This is based on the projected
percentage of the lobbyist's time that is spent on redevelopment-reloted issues.
Although the fiscal impacts of many of a lobbyisfs efforts can be difficult to estimate, (e.g. issues
of home rule, civil liability, land use control), past assistance from lobbying firms has provided
substantial, concrete savings and benefits.
In previous years this has included: $12 million in State funds for construction of a veterans home
in Chula Vista, $4 million for legislative enactment and preservation of supplemental
subventions, $750,000 for alternative fuel programs, and $400,000 for the Chula Vista Nature
Center seawater system, $490,000 for renovation of Loma Verde Park Pool ond $284,000 for
improvements to Greg Rogers Park.
AnACHMENTS
Attachment A - Agreement dated January 1, 2001 between the City, Agency and Advocation
Attachment B - Exhibit A to First Amended and Restated Agreement between the City, Agency
and Advocation
J:\COMMDEV\STAFF.REp\2004\11-23-04\Advocalion Contract Renewal112304.doc
c2 -cf
RESOLUTION NO.
(COUNCIL RESOLUTION NO. 2004-~
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING THE SECOND AMENDMENT TO THE AGREEMENT
WITH ADVOCATION, INC. EXERCISING THE CITY'S OPTION TO
EXTEND THE CONTRACT FOR THE 2005-2006 LEGISLATIVE
SESSION AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE
THE SECOND AMENDMENT ON BEHALF OF THE CITY OF CHULA
VISTA
WHEREAS, on December 31, 2004, the current agreement with Advocation, Inc. for
the provision of legislative representation in Sacramento expires; and
WHEREAS, based on the firm's success in promoting Chula Vista's legislative
agenda, staff recommends exercising the City's option to extend this contract; and
WHEREAS, the effective period will be January 1, 2005 through December 31,2006,
with two two-year renewal options (at the City's soie and unfettered discretion) remaining on the
original Agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency
of the City of ChuJa Vista does hereby approve the Second Amendment to the Agreement with
Advocation, Inc. exercising the City's option to extend the contract for legislative representation for the
period of January 1, 2005 through December 31, 2006, at a cost not to exceed $79,000 per year
inclusive of expenses, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor/Chair is hereby authorized to execute
said Second Amendment for and on behalf of the Redevelopment Agency and the City of Chula Vista.
Presented by
Approved as to form by
Laurie Madigan
Director of Community Development
~
A Moore
City Attorney and Ag
J/commdev/resos/Advocation option
c2.-.s-
SECOND AMENDMENT TO
the Agreement Between
the City of Chula Vista and the Redevelopment Agency
and Advocation, Inc.
for Legislative Representation
Recitals
This Second Amendment is entered into effective as of 1/1/05, by and between the City
ofChula Vista ("City") the Redevelopment Agency of the City ofChula Vista
(collectively "City") and Advocation, Inc. ("Consultant") with reference to the following
facts:
WHEREAS, City and Consultant entered into an agreement ("Original Agreement"),
dated November 14,2000 and approved by City Council Resolution 2000-429, whereby
Consultant provided Legislative Representation from January I, 2001 to December 31,
2002; and
WHEREAS, the Original Agreement contained a provision for four two-year renewal
options of this Agreement; and
WHEREAS, the first renewal option was approved as the First Amended and Restated
Agreement ("First Amendment") on November 26, 2002 by City Council Resolution
2002-487; and
WHEREAS, the City staff have reviewed and evaluated the work of Consultant during
the past two years and finds the work to have met the needs and expectations of the City;
and
WHEREAS, this second amended agreement exercises the second of the two-year
renewal options; and
WHEREAS, Consultant warrants and represents that they are experienced and staffed in a
manner such that they can prepare and deliver the services required of Consultant to City
within the timeframes herein provided all in accordance with the terms and conditions of
this Agreement.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, the City and Consultant agree as follows:
I. Section 8.A. of Exhibit A to the First Amendment entitled "Detailed Scope of Work"
is hereby amended to include the following tasks and responsibilities:
02. - Co
8.A. 14. Coordinate legislative activities and policies with the California
Redevelopment Association.
IS. Consistent with the City/Agency's Legislative Program, work directly
with the Executive Director of the Agency on:
a. Developing legislative initiatives and sponsoring appropriate
legislation to further assist in the implementation of the
City/Agency's Legislative Program and the Agency's economic
development, planning, and redevelopment programs and
activities.
b. Developing strategies and work programs to identify and secure
federal and state grant funding opportunities and sources for the
Agency's economic development, planning, and redevelopment
programs and activities.
c. Developing and implementing strategies to protect local funding
for redevelopment agencies and prevent shifts or reallocations of
redevelopment agency funds to the state or to agencies, entities,
programs, or funding accounts that would otherwise be funded by
the state.
2. Section 8.D. of Exhibit A to the First Amendment entitled "Date for completion of all
Consultant services" is hereby amended as follows:
8.D. Date for completion of all Consultant Services: December 31, 2006.
3. Section 8.E. of Exhibit A to the First Amendment entitled "City Renewal Options" is
hereby amended as follows:
8.E. The term of this agreement shall be extended for a maximum of two
additional two-year terms. Each such two-year option shall be at the
City's sole and unfettered discretion, subject to approval by the City
Council and Agency Board.
4. Section 13 of Exhibit A to the First Amendment entitled "Contract Administratorslkey
personnel" is hereby amended as follows:
13. City: Office of the Mayor, 276 Fourth Avenue,
Chula Vista, CA 91910
5. Section 18. C. of Exhibit A to the First Amendment entitled "City's Account Number(s)
is hereby amended as follows:
18.C 01000-6401,31710-6301,61110-6301,61120-6301, 65110-6301, 65120-
6301 and 65130-6301
02. -t
6. Except as expressly provided herein aU other provisions of the Original Agreement and
the First Amendment thereto shall remain in full force and effect.
cZ-~
SIGNATURE PAGE TO THE SECONDAMENDMENT TO
the Agreement Between
the City of Chula Vista and the Redevelopment Agency
and Advocation, Inc.
for Legislative Representation
City ofChula Vista
Advocation, Inc.
by
Steve C. Padilla, Mayor
by
Charles L. Cole
President
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
Ann Moore, City Attorney
C:\CKelly\Agenda Statements\Second Advocation Amended Contract.doc
~-9
ATTACHMENT A
Agreement between
City of Chul=. Vista and the Redevelopment Agency
and
Advocation, Inc.
for Legislative Representation
This agreement ("Agreement"), is entered into effective as of
January 1, 2001 ("Effective Date") by and between the City of
Chula Vista and the Redevelopment Agency of the City of Chula
Vista (collecti ''-e "City") and Advocation, Inc., a California
corporation ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas,the City cf Chula Vista has contracted for
legislative representa~ion since 1986; and,
Whereas,on Septe~~er 18, 2000 the city issued a Request for
Proposals (RFP) from qualified firms for Legislative
Representation from the period of January 1, 2001 through
December 31,. 2002; and,
Whereas the City received four responses to this
solicitation by the final deadline of 5:00pm on October 20, 2000;
and
Whereas the City staff have reviewed and evaluated these
proposals; and, following presentation of the recommendations to
Council, received direction to negotiate a contract with
Advocation, Inc.; and,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they 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;
d. -I 0
Concract.ADV
NOv'!!T'.ber 14., 2rJGIj
3'tand.J:-d Form Two Pa!:'tjl Agr,=emenc (F:urt.h ?'s.t':'3ion)
..:J _ 7
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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".
=ailure 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 Schedul~" in Exhibit A, Paragraph 11 IC), 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 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.
0< -II
~tandard r~~ Two P~rty Agreeme~t (Fourth R~'lision)
P,3.gi:! 2
:.::ntract..J..CN
N~'lembe= 14, 2000
... "
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in conneccion with the Services
required to be rendere~, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, 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 and Applicant 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
and Applicant in the same manner as members of the general public
("Cross-liability Coverage") .
Errors and Omissions insurance, or Professional Liability
Insurance, in the amount set forth in Exhibit A, Paragraph 9,
unless Errors and Omissions coverage is included in the General
Liability policy.
Any Deductibles and Self-Insured Retentions must be approved
separately as noted in Exhibit A, paragraph 9.
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.
.;:L - ( 2-
Cont!::act.ADV
November 14, 2000
3:andard F~~ Two Part, Agreement (tuurth ~~7~sion)
")- Q
2-5.ge J
H. Security for Performance.
Not Applicable
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
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 Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph II, adjacent to the governing compensation relationship
indicated by a "checkrnark" 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 Cicy'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 bi said party to
represent them in the routine administration of this agreement.
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Nov~mb~r 14, 2000
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4. Term.
A. Initial Term
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of ~~~s section apply if a Liquidated Damages
Rate is provided in Exnl=lt A, Paragraph 14.
It is acknowledged ty both parties that time is of the
essence in the completio~ of this Agreement. It is difficult to
estimate the amount of ca~ages resulting from delay in per-
formance. The parties ha7: used their judgment to arrive at a
reasonable amount to com~e~sate for delay.
Failure to complete ~he Defined Services within the allotted
time period specified in ~his Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified fcr "he completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from mc~~es due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") ..
Time extensions for =elays beyond the consultant's control,
other than delays caused ty the City, shall be requested in
writing to the City's Co~~ract Administrator, or designee, prior
to the expiration of the s?ecified time. Extensions of time,
when granted, will be basei upon the effect of delays to the work
and will not be granted ::r delays to minor portions of work
unless it can be shown tha~ such delays did or will delay the
progress of the work.
6. Financial Interests c: Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is des~gnated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consulta~t is deemed to be a "Consultant" for
the purposes of the Poli"~=al Reform Act conflict of interest and
disclosure provisions, a~= shall report economic interests to the
City Clerk on the re~uirei 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
Ci ty JI.ttorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall ~o~ make, Or participate in making Or in
.;;)..-( 'I-
Ccr.trac:.~~V Standard For.m Two Party Agr~~m~nt (:ou=:h ~~'l:sionl
NC'l'=!:'J::s::- 14., 2000
-J _II
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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.
Consultant shall have no interest in other projects or
independent contracts which would conflict in any manner Or
degree with the performance required by the City. In any case in
which there may be potential conflict, Consultant shall nOcify
the City in advance or as soon as reasonably possible.
Should the City Or the Consultant determine that a co~flict
of interest exists regarding legislative representation by the
Consultant for any third party(s), the Consultant agrees to
continue to represent the City without interruption and shall
decline to represent any such third party. Consultant represents
and warrants that its performance under this Agreement and this
Section does not conflict with any existing or contemplated
agreement with any other party and acknowledges that City is
relying on this representation in entering into this Agreement.
The City will not be responsible for any cost borne by the
Consultant as a result of this Section and Consultant agrees to
protect, indemnify, defend and hold City harmless against any
costs of liabilities incurred by City in connection herewith.
Consultant agrees that prior to entering into contracts for
consulting services with any parties, associations, Or
individuals other than the City, Consultant shall confer with the
City to discuss the potential of conflict of interest created by
the addition of such contracts.
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 ot the City.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an F??C
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 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.
c:2-rS-
Conc.ract .P-..c'/
NO'/~mber 14, 2'}GO
S~andard Form Two Pa~tf Agreement (Fourth F~'l:~ion)
-, ~~ ~
?age l5
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 ACe, 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 JI.ssociates") 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, 2aragraph 15.
Consuleant further warrants and represents that no promise
of future e~ployment, 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 tha~ may be made during the Term of this Agreement, or
for 12 months thereafter.
Consul~ant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, cr for 12 months after the expiration of this
Agreement, :xcept with the written ~~rmissibn of City.
Consul~ant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict wi~h Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consul~ant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, =rom and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the Consultant, or any agent or
employee, s~bcontractors, or others in connection with the
execution 0= the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
misconduct of the City, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' =ees and liability incurred by the City, its officers,
agents, or employees in defending against such claims, whether
0.2-1'=>
Contract.t..f)/
Nov~mb~r 14, 2GC~
Standard FC:::l T.....o Par:::! j:..gr~,,=,~.sn:: (F\)urt.h Pr:"r:..s:.on)
., ~:2
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the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written req~est by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of City shall
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Ca~se
If, through any cause, Consulta~t shall fail to fulfill in a
timely and proper manner Consultan~'s obligations under ~his
Agreement, or if Consultant shall v~olate any of the c~~e~a~~s,
agreements or stipulations of this ~greement, City shall have the
right to terminate this Agreement ty giving written notice ~o
Consultant of such termination and specifying that the
termination is effective immediately. In that event, all finished
or unfinished documents, data, stud~es, surveys, drawings, ~aps,
reports and other materials prepared by Consultant shall, a~ the
option of the City, become the pro~erty of the City, and
Consultant shall be entitled to receive just and equita~le
compensation for any work satisfac~~rily completed on such
documents and other materials up to the effective date of Notice
of Termination, not to exceed the a~ounts payable here~nder, and
less any damages caused City by Consultant's breach.
For purposes of this Agreemen~, in the event of Consul~ant's
brech hereof, in addition to any a~d all other rights a~d
remedies to which the City may be e~titled, City shall have ~he
right to recover monetary damages w~ich shall include (a)
Liquidated Damages in accordance with the terms of Section 5 bf
this agreement and Section 14 of ~x~ibit A for each day that the
City, as a result of Cit's termination of this Agreement for
cause, City is not being provided t~e Defined Services ~e~e~~der,
subject to City's good faither effcrts to contract witt an
alternate consultant and (b) such additional monetary da~ages to
which the City may be entitled.
9. Errors and Omissions
In the event that the City AGuinistrator 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. Nott~ng herein
is intended to limit City's rights under other provisions or 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.
.,,2-1 7
3tandar.j. Form Two partj i-.gr'-~~r:,"::-.': (i:.;o..:::.h ?~'I:..~iol1)
Ccn':.ract..P-.OV
Nr;"o:rr.ber 14, 2000
- "
I
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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.
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 ~he 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 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.
Ccntract .;'.D'/
~jo.l,,=rr.te::- 14, 2000
c2-1 g
S:andard For~ Two P~rt'l Agre~~~~: (Fourth ~,,=,~~ion)
(
.Y"_,.1r
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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.
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
15.
Attorney's Fees
Should a dispute arising out or this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the derense
of the claim, including costs and attor~ey's fees.
16 . Statement or 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 amoun~s or all contracts and
subcontracts relating to the preparation or the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant 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
or 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 sen~ to any party shall be
c::2-19
Contract.ADV 3tanda:-d Form 'r.....o Pa!'tj' Agr,=,,=m~r:t (Four:.r. ?<:'r.:..sion)
t-IQ'I<:rr.!::,,=!' 1 ~, 2')00
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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 par~y hereto hereby warrants and
represents to the other par~y that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all reso~utions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of ~he State of California. Any ac"ion
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, shal~ be the City of Chula Vista.
~ -.;2..0
Contract. P..DV
Nov~~~er 14, 2000
2:.andar::1 Fcc Two Part:; Agr"eeme::': (E'ou:::-:.h E<::"r.:.sion)
:.....~ --,~ y
25;";-= 11
Signature Page
to
Agreement between City of Chula Vista and the Redevelopment
Agency of the City of Chula Vista
and
Advocation, Inc.
for Leqislative Representation
IN WITNESS WHEREO" City and Consultant have executed this
Agreement as of the Effective Date thereby indicating that they
have read and understood Same, and indicate their full and
complete consent to its ~erms:
City cf Chula Vista
by:
sti=l~y Hor~on, Mayor
Attest:
Susan Bigelow, City Cle=~
Redevelopment Agency of ~~~
City of Chula Vista
Approved as to form:
j~~fo~
by:
Shirley Horton, Chairman
Advocation, Inc.
By: C-2r~ ~ d.-. ~
[Signature]
C~I\\<..Lt2<;" L ,OLE
By: "~es \ \)~",'I-
[Frint name and title]
Exhibit List to Agreemen~
) Exhibit A.
~-rX..1
Com:rac1:.AfN
NC'l~mb~r 14, 2000
~~a~da~d Fo==. Two Pa::y hg=~~~~~: (Fourth ?~'l~zion)
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Exhibi t 1'-.
to
Agreement between
City of Chula Vista & Redevelopment 1'-.gency of City of Chula Vista
and
Advocation, I~c.
1. Effective Date of Agreement:January 1, 2001
2. City-Related Entity:
(X) City of ChulaVista, a municipal chartered corporation
of the State of California
(X) Redevelopment Agency of the City of Chula Vista, a
political subdivision of t~e State of California
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Advocation, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1121 L Street, Suite 610
Sacramento, California 95814
Voice Phone (916) 447-8229
Fax Phone (916) 447-3447
7. General Duties:
to provide legislative represerltation in Sacramento for the
City in order to augment the City's existing relationship with
legislators and policy administrators, as well as to maintain a
high level of effective advocacy with the Legislative and
Executive branches of State government.
D2 - -2- "2-
2 PTYS-Ac"/oca tion
Nov'!mbe:- 14, 2000
E;.;hibi~ A to S:arldard =~=::l t.-;:<;<:r:l.ent:
"""'-if .-
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8. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Perform those duties customarily performed by
legislative advocates and governmental. affairs
representatives on behalf of the City and, in doing so,
abide by the Cit's adopted Legislative Program and City
Council Policy #30C-01 as currently in force or as they
may be amended.
2. As directed, represent the City in meetings or hearings
with State agencies, boards, commissions or other
legislative bodies and the League of California Cities,
as well as testify on behalf of the City suring same.
3. >>.s directed ans o;:;::endse guided by the City's adopted
Legislative progra:n, research and provide information
to the City on (a) State laws or proposed legislation,
(b) legislative hearings, reports and testimony,
(c) State regulatio,-s and/or policies wr.ich could affect
Ci;:;y operations, (~) funding opportunities for proposed
and existing City ::;roj ects, (e) technical memoranda or
reports impacting C~ty operations.
4. Develop strategies cO implement successfully the City's
adopted Legislative Program and, with City's approval,
implement said stra:egies.
5. Provide sufficient support to lobby aggressively an
average of at least 3-4 major priority issues a;:; any
given time, along ;,;ith at least 6-7 lesser priorities.
Support would include proactively identifying potential
legislative vehicles relating to those topics and
advocating the City's position with appropriate
legislators or other officials to bring about favorable
consideration of t::ese proposals.
6. Monitor and provide the City with copies of all bills
(as introduced or amended) or proposals pertaining to
issues of concern or interest to the City, particularly
those affecting or relating to. the' City's Legislative
Program.
7. Track said legislation and provide the City with
advance notice, to the City's satisfaction, of hearings
or critical actier.s relating to those bills or issues
in which the City has expressed an interest.
8. Prepare and deliver letters, as directed by the City,
to appropriate corr~ttees and members of the State
Legislature, as well as to executive departments and/or
State officials.
c:2 -~
2PTY3-Ad~ocatic~ Exhibit A to S~~~dard For.n ~1=~~~~nt
HO'/r:mbe= 14, 20CG ?ag~ 2
;;:} ~ EI
9. On those bills being tracked by the City, provide
written, weekly status reports and written end-of-year
reports, including amendments, committee assignments,
hearing and voting information and other ot~er relevent
data.
10. Prepare briefing materials, provide briefings/meeting
space and arrange appointments for Councilmembers and
City staff when those individuals travel ~o Sacramento
in furtherance of the City's Legislative Program.
11. Provide information and/or resources, ~~ available,
pertaining to State and regional agencies, (and, as
reasonably available, pertaining to Federal agencies
and legislation) as they affect the City's Legislative
Program.
12. Draft appropriate bill language (text) and/or idantify
appropriate legislative or aciministrati va vehicles
(e. g. spot bills, budget/trailer bills, :::iscretionary
action at an agency level, etc.) to carry out the
City's legislative goals.
13. At least four times per year, provide a briefing at a
regularly scheduled City Councilor ?edevelopment
]I.gency meeting on the status of efforts in Sacramento
on Chula Vista's behalf and the general s~ate of State
legislative and executive activities.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of Deliverables:
Deliverables shall be as provided for in De~ailed
Scope of Work.
D. Date for completion of all Consultant services:
December 31, 2002 (unless extended per Council action) .
E. City renewal options:
The term of this agreement shall be ez~ended for a
maximum of four additional two-year terms. Each such
two-year option shall be at the City's sole and
unfettered discretion, subject to approval by the City
Council and Agency Board.
c2-2-'f
2PT,S-Advoca~icn
Ncv~mb~r 11, 2000
Exhibit A to Sta~~==d Form hq:~~~ent
?~':'= ]
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liabili~y Insurance coverage: $1,000,000.
(X) Commercial Gener~l Liability Insurance: $1,000,000.
(X) Deductibles and Self Insured Rete!'.tions must be
approved separately by the City
10. Ma~erials Required to ce Supplied by City to Consultant:
Current Legislative Program (as adopted/~mended
each year by the City Council)
Current Council Policy (#300-01 or as ame!'.ded)
on legislative ma~ters
Names and phone n~~ers of appropriate Ci~y staff
City position on specified legislation
City correspondance or other materials to be
Delivered or advocated by Consultant
11. Compe!'.sation:
"A.. (X) Single Fixed :ee "A.rrangeme!'.t.
For performance of all of the Defined Services by Consultant
as herein required, City ,,~,all 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:
12 equal monthly payme~~s of:
$72,000, payable as follows:
$6,000
with materials or other expenses reimbursed C~ provided
herinbelow.
12. Mat~rials Reiro?urseme~~ Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant up to $583/mont~ or $7,000 annually for the expenses
set
forth
(X)
(X)
(X)
(X)
(X)
(X)
(X)
below:
Copies
Travel
Printing
Postage
Delivery
Long Distance Telephone Charges
Other Ac~ual Iden~ifiable Direct Costs:
Bill Room copy service
Computerized bill tracking service
c:< - c2.. ~
2PTY3-Ad7C~aticn E~hibit A to 3::~da=d Fb~. Ag=~~ment
No~',=mbe:- 14, 21)01') f-ag~ 4.
i:ii .,(..,).
13. Contract Administrators/key personnel:
City:City Manager or designee, 276 =ourth Avenue,
Chula Vista, CA 91910 (619) 691-5031
Consultant: Charles L. Cole, Preside~t, Acvocation, Inc.
1121 L Street, suite 610 Sacra~ento, CA
(916) 447-8229
Consultant acknowledges and agrees that City conSloers the
above-referenced individual to be the individual whose
employment by Consultant is the p:!:"imary basis for City's
contracting with Consultant hereunder. Accordingly,
Consultant represents that it is Consultant's current intent
that such identified persons shall remain employed with
Consultant for the term of this Agreement and that such
parties shall be actively involved in the performance of the
Defined Services hereunder.
Consultant agrees that it will no-=. transfer or rem072 such
person from this project without the prior writen permission
or direction of City, which will not be unreasonably
withheld. ~~y such change wit~ou~ ~~e ~=~or w=itte~ c~nsent
of the City Council shall be deemed null and void and
constitute a material breach of this Agreement.
14. Liquidated Damages Rate:
( ) $500 per day.
(XX) Other: In lieu of an amount per day, liquidated damages
shall consist of the lump SU:!l of $ E, 000 or the current
monthly rate, whichever is g=ea~er.
15. . Statement of Economic Interes=s,
Categories, per Conflict of Interest Code:
Consultant Reporting
(X) Net Applicable. Not an FPPC Filer.
FPPC Filer
Category No.
income.
1.
Investments and sources of
Category No.2. Interes=s in real property.
Category No.
property and
regulatory,
department.
3. Inves=ments, interest
sources of income subject
permit or licensing authority
in real
to the
of the
;2 - :2.../0
2PTY9-Ad'locati~n
Nov~mber 14, 20GG
~~~i=it A to Sta~~~=d Fo~ ~~=~~ment
.... ~ _1""
Pag~ 5
Category No.
and sources
development,
sale of real
4. Investments in business entities
of income which engage in land
construction or the acquisition or
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 (?-edevelopment lI.gency) to provide
services, supplies, materials, machinery or
equipment.
Category No.6. Investments in business entities
and sources of income of the type which, wi thin
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 !'.ssociates" interests in real property
within 2 radial miles of Project Property, if a~y:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
As City is relying on the personal services of the staff of
Advocation, Inc. subconsultants shall not be permitted
without prior City approval, which approval shall be at
City's sole discretion.
18. Bill Processing:
A. Consul tant' s Billing to be submitted for the following
period of time:
(XX) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(XX) 15th Day of each Month
( ) End of the Month
2PTY9-Ad"rocation
Nov~=~~r 11, 2000
~-;;l..7
Ey.hibi~ A to S~a~~ard Fo~ h~~~~ment
P.;gl! Ii
t,~
---
C. City's Account Number(s) :05300-6401, 31710-6501,
60200-6501, 61110-6501, 61120-6501, 62100-6501,
63100-6501
19. Security for Performance
Performance Bond, $
Letter of Credit, $
Other Security:
Type:
Amount: $
Retention. If this space is checked, e:hen
notwithstanding other provisions to the Cc~e:rary
requiring the payment of compensation to the Cons~:e:ant
sooner, the City shall be entitled to retain, a~ e:jeir
option, either the following "RetentionPerce:lta;-=" or
"Retention Amount" until the City determines thae: the
Retention Release Event, listed below, has occ~rre=:
Ret~ntion Pe~c2~t=ge: %
Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
;;2-~g-
2 ?T"!9-.ll.d'loca t ion
Hov,=!!'.oer 14, 2G0G
Exhibit. l-. t.; :.Jta::.c'::!.:-':!. ::=. ;:"-;==:.:::::-.ent
...2 ~...J! ~
;~:;.:::; 7.
ATTACHMENT B
Exhibit A
To
First Amended and Restated Agreement between
City of Chula Vista & Redevelopment Agency of City of Chula Vista
And
Advocation, Inc.
1. Effective Date of Agreement: January 1,2003
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of
California
(X) Redevelopment Agency of the City of Chula Vista, a political subdivision
of the State of California ("City")
3. Place of Business for City:
City ofChula Vista
276 Fourth Avenue
Chula Vista, CA 91910
4. Consultant: Advocation, Inc.
5. Business Form of Consultant:
() Sole Proprietorship
() Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
1121 L Street, Suite 610
Sacramento, California 95814
Voice Phone: (916) 447-8229
Fax Phone: (916) 447-3447
7. General Duties:
To provide legislative representation in Sacramento for the City in order to
augment the City's existing relationship with legislators and policy administrators, as
well as to maintain a high level of effective advocacy with the Legislative and Executive
branches of State government.
c2-:L9
K:\Leg\Leg 2004\First Amended and Restated Advocation Exhibit A.doc
1
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
I. Perform those duties customarily performed by legislative advocates
and governmental affairs representatives on behalf of the City and, in
doing so, abide by the City's adopted Legislative Program and City
Council Policy #300-01 as currently in force or as they may be
amended.
2. As directed, represent the City in meetings or hearings with State
agencies, boards, commissions or other legislative bodies and the
League of California Cities, as well as testify on behalf of the City
sunng same.
3. As directed and otherwise guided by the City's adopted Legislative
Program, research and provide information to the City on (a) State
laws or proposed legislation, (b) legislative hearings, reports and
testimony, (c) State regulations and/or policies which could affect
City operations, (d) funding opportunities for proposed and existing
City projects, (e) technical memoranda or reports impacting City
operations.
4. Develop strategies to implement successfully the City's adopted
Legislative Program and, with City's approval, implement said
strategies.
5. Provide sufficient support to lobby aggressively an average of at
least 3-4 major priority issues at any given time, along with at least
6-7 lesser priorities. Support would include proactively identifying
potential legislative vehicles relating to those topics and advocating
the City's position with appropriate legislators or other officials to
bring about favorable consideration of these proposals.
6. Monitor and provide the City with copies of all bills (as introduced
or amended) or proposals pertaining to issues of concern or interest
to the City, particularly those affecting or relating to the City's
Legislative Program.
7. Track said legislation and provide the City with advance notice, to
the City's satisfaction, of hearings or critical actions relating to those
bills or issues in which the City has expressed an interest.
8. Prepare and deliver letters, as directed by the City, to appropriate
committees and members of the State Legislature, as well as to
executive departments and/or State officials.
~-3-0
K:\Leg\Leg 2004\First Amended and Restated Advocation Exhibit A.doc
2
9. On those bills being tracked by the City, provide written, weekly
status reports and written end-of-year reports, including
amendments, committee assignments, hearing and voting
information and other relevant data.
10. Prepare briefing materials, provide briefings/meeting space and
arrange appointments for Councilmembers and City staff when those
individuals travel to Sacramento in furtherance of the City's
Legislative Program.
II. Provide information and/or resources, as available, pertaining to
State and regional agencies, (and, as reasonably available, pertaining
to Federal agencies and legislation) as they affect the City's
Legislative Program.
12. Draft appropriate bill language {text) and/or identify appropriate
legislative or administrative vehicles (e.g. spot bills, budget/trailer
bills, discretionary action at an agency level, etc.) to carry out the
City's legislative goals.
13. At least four times per year, provide a briefing at a regularly
scheduled City Councilor Redevelopment Agency meeting on the
status of efforts in Sacramento on Chula Vista's behalf and the
general state of State legislative and executive activities.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
C. Dates or Time Limits for Delivery of De1iverables:
Deliverables shall be as provided for in Detailed Scope of Work.
D. Date for completion of all Consultant services:
December 31, 2004 (unless extended per Council action).
E. City renewal options:
The term of this agreement shall be extended for a maximum of three
additional two-year terms. Each such two-year option shall be at the City's
sole and unfettered discretion, subject to approval by the City Council and
Agency Board.
~ -3 f
K:\Leg\Leg 2004\First Amended and Restated Advocation Exhibit Adoc
3
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.
(X) Deductibles and Self Insured Retentions must be approved
separately by the City
10. Materials Required to be Supplied by City to Consultant:
Current Legislative Program (as adopted/amended each year by the City
Council)
Current Council Policy (#300-01 or as amended) on legislative matters
Names and phone numbers of appropriate City staff
City position on specified legislation
City correspondence or other materials to be delivered or advocated by
Consultant
11. Compensation:
A.
(X)
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:
12 equal monthly payments of:
$72,000, payable as follows:
$6,000
with materials or other expenses reimbursed as provided herein below.
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 up to $583/month or $7,000
annually for the expenses set forth below:
(X) Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs:
Bill Room copy service
Computerized bill tracking service
co2 -32-
K:\Leg\Leg 2004\First Amended and Restated Advocation Exhibit A.doc
4
13. Contract Administrators/key personnel:
City: City Manager or designee, 276 Fourth Avenue,
Chula Vista, CA 91910 (619) 691-5031
Consultant: Charles L. Cole, President, Advocation, Inc.
1121 L Street, suite 610 Sacramento, CA
(916) 447-8229
Consultant acknowledges and agrees that City considers the above-referenced
individual to be the individual whose employment by Consultant is the primary
basis for City's contracting with Consultant hereunder. Accordingly, Consultant
represents that it is Consultant's current intent that such identified persons shall
remain employed with Consultant for the term of this Agreement and that such
parties shall be actively involved in the performance ofthe Defined Services
hereunder.
Consultant agrees that it will not transfer or remove such person from this project
without the prior written permission or direction of City, which will not be
unreasonably withheld. Any such change without the prior written consent of the
City Council shall be deemed null and void and constitute a material breach of
this Agreement.
14. Liquidated Damages Rate:
() $500 per day.
(X) Other: In lieu of an amount per day, liquidated damages shall consist of
the lump sum of $6,000 or the current monthly rate, whichever is greater.
IS. Statement of Economic Interests, Consultant Reporting Categories, per Conflict
ofInterest Code:
(X) Not Applicable. Not an FPPC Filer.
() FPPC Filer
() Category No. I. 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.
~-33
K:\Leg\Leg 2004\First Amended and Restated Advocation Exhibit A.doc
5
() Category No.4. Investments in business entities and sources of
income which engage in land development, construction or the
acquisition or sale ofreal 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 ofChula 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:
16.
( )
Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
As City is relying on the personal services of the staff of Advocation, Inc.
subconsultants shall not be permitted without prior City approval, which approval
shall be at City's sole discretion.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period oftime:
(X) Monthly
() Quarter! y
() Other:
B. Day of the Period for submission of Consultant's Billing:
() First of the Month
(X) 15th Day of each Month
() End ofthe Month
<:2-3f
K:\Leg\Leg 2004\First Amended and Restated Advocation Exhibit A.doc
6
C. City's Account Number(s): 05300-6401,31710-6501,60200-6501,
61110-6501,61120-6501,62100-6501,63100-6501
19. Security for Performance
() Performance Bond, $
() Letter of Credit, $
() 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: %
() Retention Amount: $
Retention Release Event:
() Completion of All Consultant Services
() Other:
...-
c::::J -.3 ~
K:ILeglLeg 2004\First Amended and Restated Advocation Exhibit A.doc
7
JOINT REDEVELOPMENT AGENCY/CITY COUNCIL
AGENDA STATEMENT
ITEM NO.: ..3
MEETING DATE: 11/23/04
ITEM TITLE:
JOINT RESOLUTION (1) AUTHORIZING THE FORMATION OF A
501 C3 PUBLIC BENEFIT CORPORATION FOR PURPOSES OF
CONDUCTING REDEVELOPMENT AND PLANNING ACTIVITIES
WITHIN THE URBAN CORE PLANNING AND REDEVELOPMENT
AREAS OF CHULA VISTA; (2) DIRECTING STAFF TO PREPARE
NECESSARY LEGAL DOCUMENTS NEEDED FOR THE 501 C3
FORMATION (3) APPROPRIATING FY 04-05 OPERATING BUDGET
AND COMPENSATION SCHEDULE FOR THE 501C3 BOARD OF
DIRECTORS; AND (4) DIRECTING CITY STAFF AND THE CITY
ATTORNEY TO REPORT BACK TO THE CITY COUNCIL BY JANUARY
2005 WITH DRAFT LEGAL AND OPERATING DOCUMENTS
SUBMITTED BY:
REVIEWED BY:
EXECUTIVE DIRECTOR
4/5THS VOTE: YES 0 NO D
BACKGROUND
On February 3, 2004, the City Council directed staff and consultants to prepore an analysis and
discussion paper on the creatian of a 501 c3 Redevelopment Corparation. As part af the
preparation for this report, two facilitated workshops were held on the formation of a 501 c3
Corporation. The workshop participants included three representatives from the Urban
Development Committee (UDC), Mayor Padilla, Councilman McCann, the City Manager, City
Attorney, City Finance Director and the City Community Development Director. A detailed report,
attached, was distributed to the Council and the public on July 20'h of this year. This staff report
builds upon the conclusions and recommendations from these workshops, the July report, and
recent legal analysis prepared by Rutan and Tucker LLP, Attorneys at Law on behalf of the City
Attorney's office.
RECOMMENDATION
1. Authorize the formation of 0 501 c3 Public Benefit Corporation for the purposes of
conducting redevelopment and planning activities within the Urban Core Planning Areas
and Redevelopment Project Areas af the City of Chula Vista;
.3 - I
PAGE 2, ITEM NO.:
MEETING DATE:
-3
11/23/04
2. Direct the City Attorney and the Community Development Director to prepare all necessary
legal and operational documents including but not limited to the Articles of Incorporation,
Bylaws, operational budget, and amendments to City Ordinances as described in Exhibit A.
3. Appropriate $100,000 for the preporation of formation documents and for the initial period
of operation in FY 04-05.
4. Establish compensation schedule for 501 c3 board members at $750 per month and
$1,500 per month for the Board Chair.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista's Redevelopment Agency was formed in 1972 and became fully functional
in 1975. 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. Much of a Redevelopment Agency's success depends on its ability to time projects to
correspond with market opportunities, respond to the needs of investors, and maintain sufficient
financial capacity to leverage private investment.
The City of Chula Vista has a number of resources that makes the proposal of the 501 c3
Corporation well timed. These include:
. Chula Vista's physical location, within 7 miles of downtown San Diego, which is experiencing
a magnificent urban revival, provides the City great potential to attract development capital.
. A strong real estate market has created opportunities for rejuvenation in the City's urbanized
area, particularly given the high demand for housing units and retail space.
. Chula Vista's Bayfront is one of a few remoining prime undeveloped bayfront properties on
the west coast, providing significant future development opportunities for the City.
. Chula Vista's close proximity to Mexico provides an economic advantage whose potential
remains largely untapped.
. The political-will to support and encourage redevelopment opportunities throughout the City,
particularly in the older more urbanized areas.
The previously released report (July 20th, 2004) focused upon evaluating four 501 c3 Corporation
structural alternatives against important tangible factors within the control of the City Council and
its management staff: operational efficiency, developing and maintaining a strategic advantage,
alignment of the 501 c3 Corporation goals and objectives with the City's goals and objectives and
financial impact/gain to the City. This approach ensures results in the areas most critical to the
success af the City and allows for the formation of a 501 c3 Corporation to occur as a model
speaking to the unique needs and situation of Chula Vista.
S-A
PAGE 3, ITEM NO.:
MEETING DATE:
.3
11/23/04
Authorities Granted To the 501 c3 as a Support Entitv of the Citv of Chula Vista
The 501 c3 is being created to assume certain functions of the Agency - specifically to carry out
all non-delegable redevelopment activities. This means that the 501 c3 would replace the Agency
as the approving authority for all redevelopment matters with the exception of use of eminent
domain, issuances of bonds, approval of formation or expansion of project areas, and approval
of disposition development agreements and other similar contractual matters reserved only for
governmental legislative bodies. Staff is recommending that the 501 c3 be given planning,
zoning, and project review responsibilities in the Redevelopment Project areas and Urban Core
Specific Planning area. These additional authorities would allow for existing city processes (e.g.
design review, environmental review, and planning commission functions) to be consolidated and
streamlined into the responsibilities of the 501 c3. This consolidation could potentially expedite
praject processing time by three to four months. An organization that operates efficiently and
effectively is better positioned to be successful in meeting its goals ond objectives. In
redevelopment, attaining a high level of organizational readiness means that the Redevelopment
Agency has highly trained staff and is especially sensitive to the needs of investors that seek out
higher risk opportunities in the blighted urbanized areas of cities. Redevelopment agencies that
are successful almost always have clear policies and streamlined processes.
Specifically, it is recommended that the following activities currently provided by separate
commissions be the sole responsibility of the 501 c3:
. All Planning Commission functions ond responsibilities
. All Design Review Committee responsibilities
. All Resource Conservation Commission responsibilities
Finally, it should be noted that the 501 c3 is subject to the open meeting provisions of the Ralph
M. Brawn Act and all legal requirements and restrictions that opply to the Planning Department
and the Planning Commission.
Staffinq and T erritorv
The workshop participants and staff examined two aspects of the core functioning of the 501 c3 -
the territory over which it would assume responsibility and the staffing of the 501 c3. The
workshop participants reached general agreement that from an organizational readiness
perspective all redevelopment territories should be under the authority of the 501 c3 (see page
31 of the Report on the Formation of the Chula Vista 501 c3 Corporation). This allows for one set
of operational procedures to be applied to all redevelopment project areas and allows for
development of consistent public outreach tools and mechanisms. Furthermore, the
3-3
PAGE 4, ITEM NO.:
MEETING DATE:
.3
11/23/04
recommendations from the workshop suggest that utilizing City staff provided continuity with the
City, would eliminate legal and financial misalignments between the 501 c3 and the City, and
would allow the 501c3 to continue to build upon the community development strategic efforts
now underway.
It is recommended that the by-laws of the 501 c3 establish the following:
. The Chief Executive Officer (CEO) of the Corporation shall be the Director of the City's
Community Development Department;
. The General Counsel to the Corporation shall be the City Attorney;
. The Chief Financial Officer (CFO) of the Corporotion shall be the City's Finance Director;
. The Corporation's day to day staffing will be the Community Development Department
and other relevant city staff as determined by the City Manager.
Staff is recommending that the territory over which the 501 c3 has authority include all land within
the City's redevelopment project areas and "Urban Core Specific Planning Area" (see attached
maps). This provides needed continuity with planning efforts within redevelopment oreas and the
adjacent territories. For example, key public amenities and improvements will likely be located in
areas of the urban core that are not within the redevelopment project areas. These key public
amenities such os infrastructure improvements, public parks, and housing efforts are essential to
the over all successful revitalization of the "west." Streamlined project processing, proposed as
part of the 501 c3 authorities (discussed below), must be extended to the urban core to assure
consistent and timely processing with developments occurring within the redevelopment areas.
Board of Directors
The workshop participants examined multiple aspects of board composition and found that the
board makeup should be related to the specific charge and function of the 501 c3 -
redevelopment. The workshop participants, to varying degrees, focused on the need for board
members who bring expertise that directly relate to redevelopment, real estate, community
revitalization, urban design and architecture, and business (see page 28 of the Report for a
complete list). The workshop members also believed that selecting board members from the San
Diego region would provide greater access to talent and experience in these disciplines. This
thought was directly linked to the expectotion that the 501 c3 board members would playa
significant role in developing negotiation strategies and in attracting large well-capitalized
developers and investors to Chula Vista. The by-laws will provide a set of clear qualifications for
meeting the specific board seat qualifications.
Staff recommends that the areas of "expertise" by the workshop participants be synthesized into
four seats on the Board - allowing for some flexibility:
. Architect
. Real estate developer or business leader
3-<-1
PAGE 5, ITEM NO.:
MEETING DATE:
J
11/23/04
. Civil engineer/ Urban designer/ environmental planner or scientist
. A Chula Vista resident who meets any of the above criteria
The workshop porticipants also discussed the inclusion of the Mayor and Council members on the
board as positive. Inclusion of Council members ond the Mayor provides continuity with City
vision, goals, and policies that are outside the day-to-day activities of redevelopment, but which
are interrelated to the overall function and operation of the City. In addition, inclusion of the
Mayor and Council members on the Board is appropriate and necessary to provide prudent and
fiduciary oversight of the prioritization and expenditure of public funds. A legal analysis provided
by Rutan & Tucker, LLP, clarified legal parameters of the 501 c3 in relation to redevelopment ond
planning activities. These parameters establish that the City may delegate "nonessential
functions" to a 501 c3 as a "supporting organization" of the City; however, Internal Revenue
Service guidelines require that the City exercise substantial control over the supporting entity, ond
"this is usually accomplished through City representatives sitting on the board of directors. If less
than the entire City Council serves on the support entity board of directors, the support entity's
bylaws should provide the City representatives a veto power over major financial business
decisions, and vest in the City the power to appoint successor directors to the Support Entity's
governing board."
Based on the obove it is recommended that all five members of the Council be seated on the
501 c3 board of directors. This would establish a nine-member board with a balanced
complement of elected representatives and citizens who bring important expertise and talents to
the redevelopment agency and the City. Because this new 501 c3 board will be expected to
actively participate and lead the redevelopment and community enhancements of western Chula
Vista, the time commitments are expected to be substantial. Compensation ond reimbursement
for expenses are important for the recruitment and retention of quality board members. Staff is
recommending a moderate monthly stipend of $750 for the members and $1,500 for the Chair
of the Board. This amount is certainly greater than "all volunteer" board members for charitable
organizations and it is substantially less than board members who serve on governmental
organizations that require significant amounts of time committed to organizational functioning
(e.g. water and sanitation boards). Because these amounts are to be set by ordinance, they can
be reviewed periodically to determine if adjustments should be made.
FISCAL IMPACT
The on-going cost of operations of the 501 c3 shall become an obligation of the Agency, however,
there is a one time FY04-05 loan fram the City's General Fund of $100,000 to be repaid by the
Agency over time. On-going costs of operation for the 501 c3 to the agency should be off-set by
revenue generated by future projects in the redevelopment areas.
AnACHMENTS
Attachment A - July 20, 2004 Staff Report Authorizing the Formation of a 501 c3 Corporation
Attachment B - Report on the Formation of the Chula Vista 501 c3 Corporation (distributed in July)
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ATTACHME T A
JOINT REDEVELOPMENT AGENCY/CITY COUNCIL
AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
S'
1
07 /20/04
ITEM TITLE: JOINT RESOLUTION (1) AUTHORIZING THE FORMATION OF A
501 C3 CORPORATION FOR PURPOSES OF CONDUCTING
CHARITABLE BUSINESS IN THE FORM OF REDEVELOPMENT AND
PLANNING ACTIVITIES WITHIN THE REDEVELOPMENT AREAS OF
CHULA VISTA; (2) SELECTING A NAME FOR THE 501C3
CORPORATION; (3) DIRECTING THE REDEVELOPMENT AGENCY
EXECUTIVE DIRECTOR TO ESTABLISH A TECHNICAL COMMITTEE;
AND (4) DIRECTING THE TECHNICAL COMMITTEE TO REPORT BACK
TO THE CITY COUNCIL BY OCTOBER 2004 WITH DRAFT ARTICLES
OF INCORPORATION, BY LAWS AND A PROPOSED OPERATING
AGREEMENT
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR
REVIEWED BY: EXECUTIVE DIRECTOR
4/5THS YOTE: YES 0 NO ~
BACKGROUND
On February 3, 2004, the City Council directed staff and consultants to prepare an analysis and
discussion paper on the creation of a 501 c3 Redevelopment Corporation. As part of the
preparation for this report, two facilitated workshops were held on the formation of a 50lc3
Corporation. The workshop participants included three representatives from the Urban
Development Committee (UDC), Mayor Padilla, Councilman McCann, the City Manager, City
Attorney, City Finance Director and the City Community Development Director. The attached
report builds upon the conclusions and recommendations from these workshops and the recent
analysis prepared by Keyser Marston Associates (KMAl in their report presented to City Council
on October 20,2003.
RECOMMENDATION
1. Authorize the formation of a 501 c3 Corporation for the purposes of conducting charitable
business in the form of redevelopment and planning activities within the redevelopment
areas of Chula Vista;
2. Select a name for the 501 c3 Corporation;
3. Direct the City's Redevelopment Agency Executive Director to establish a Technical
Committee consisting of the:
5--- ~<-- (
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PAGE 2, ITEM NO.:
MEETING DATE:
""~
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07/13/04
a. Mayor
b. City Council member(s)
c. City Manager
d. City Attorney
e. Community Development Director
f. City Finance Director
g. Chair of the Urban Development Corporation
4. Direct the Technical Committee to report back to the City Council by October 2004 with
draft Articles of Incorporation, by-laws, and a proposed Operating Agreement subject to the
following guidelines:
a. The Board of Directors shall include regional representation with
recommendations for selected professional categories as discussed by the
workshop participants.
b. The 501 c3 Corporation is to be staffed by City employees and include all
redevelopment territory under its authority.
c. The 501 c3 Corporation Chief Executive Officer initially shall be the Community
Development Director.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The City of Chula Vista's Redevelopment Agency was formed in 1972 and became fully functional
in 1975. 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. Much of a Redevelopment Agency's success depends on its ability to time projects to
correspond with market opportunities, respond to the needs of investors, and maintain sufficient
financial capacity to leverage private investment.
The City of Chula Vista has a number of resources that makes the proposal of the 501 c3
Corporation well timed. These include:
. Chula Vista's physical location, within 7 miles of downtown San Diego, which is experiencing
a magnificent urban revival, provides the City great potential to attract development capital.
. A strong real estate market has created opportunities for rejuvenation in the City's urbanized
area, particularly given the high demand for housing units and retail space.
. Chula Vista's Bayfront is one of a few remaining prime undeveloped bayfront properties on
the west coast, providing significant future development opportunities for the City.
~
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...3 - 9
PAGE 3, ITEM NO.:
MEETING DATE:
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o
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07/13/04
. Chula Vista's close proximity to Mexico provides an economic advantage whose potential
remains largely untopped.
. The political-will to support ond encourage redevelopment opportunities throughout the City,
particularly in the older more urbanized oreas.
The ottached report is focused upon evaluating four 501 c3 Corporation structural alternatives
against important tangible factors within the control of the City Council and its management
staff: operational efficiency, developing and maintaining a strategic advantage, alignment of the
501 c3 Corporation goals and objectives with the City's goals and objectives and financial
impact/gain to the City. This approach ensures results in the areas most critical to the success of
the City and allows for the formation of a 501 c3 Corporation to occur as a model speaking to
the unique needs and situation of Chula Vista.
FISCAL IMPACT
There is no fiscal impact at this time.
AnACHMENTS
Attachment A - Report on the Formation of the Chula Vista 501 c3 Corporation
J:\COMMDEV\STAFF.REPl07 -20-04\501 c3 Corporot;on.doc
-r;f' ;3
3-ID
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA (1) AUTHORIZING THE FORMATION OF A 501C3 PUBLIC BENEFIT
CORPORATION FOR PURPOSES OF CONDUCTING REDEVELOPMENT AND PLANNING
ACTIVITIES; (2) DIRECTING STAFF TO PREPARE NECESSARY LEGAL DOCUMENTS NEEDED FOR
THE 501C3 FORMATION (3) APPROPRIATING FY 04-05 OPERATING BUDGET AND
COMPENSATION SCHEDULE FOR THE 501C3 BOARD OF DIRECTORS; AND (4) DIRECTING CITY
STAFF AND THE CITY ATTORNEY TO REPORT BACK TO THE CiTY COUNCIL BY APRIL 2005 WITH
DRAFT LEGAL AND OPERATING DOCUMENTS
WHEREAS, on February 3, 2004, the City Council and Redevelopment Agency directed sta and
consultants to prepare an analysis and discussion paper on the creation of a 501 c3 Corporation; and
WHEREAS, two facilitated workshops were held on the formation of a 501c3 Corporation; and
WHEREAS, a report evaluating four 501c3 Corporation structural altematives was prepared; and
WHEREAS, on November 23, 2004, a staff report was presented to Council which built upo the
conclusions and recommendations from the workshops.
NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment Agency of the ity of
Chula Vista do hereby:
1. Authorize the formation of a 501 c3 Public Benefit Corporation for purposes of cond cting
redevelopment and planning activities;
2. Direct staff to prepare necessary legal documents needed for the 501 c3 formation, including b t not
limited to Articles of Incorporation, Bylaws, and Amendments to City ordinances that contain but are not limi d to
the terms shown on Exhibit A;
3. Appropriate $100,000 for the preparation of formation documents and for the initial peri d of
operation in FY 04-05;
4. Establish a compensation schedule for 501c3 board members at $750 per month and $1,50 per
month for the Board Chair;
BE IT FURTHER RESOLVED that the name selected for the 501c3 is The Chula Vista Redevelo ent
Corporation.
Presented by
Approved as to form by
,
l'-~
Ann Moore
City Attorney and Agency Counsel
C:\Documents and SettingslericclMy Documentsl501c3 RESO revised. doc
3-1 (
Exhibit A
Requirements of Key Documents for the "Chula Vista Redevelopment Corporation" A
Public Benefit Corporation
1. The City Attorney is directed oversee the preparation all necessary legal
documents including but not limited to Articles of Incorporation, formation of a
501 c3 "Corporation" for the following public purposes:
i. To carry out all City planning and redevelopment activities within all
designated territories established by resolution or ordinance of the City
Council:
1. All Planning Commission functions and responsibilities
2. All Design Review Commission responsibilities
3. All Environmental Review Commission responsibilities
4. All delegable Redevelopment Agency responsibilities and
authorities;
2. City staff is directed to prepare and submit Articles of Incorporation to Federal and
State agencies to include the following:
a. The name of the Non-profit Corporation shall be "The Chula Vista
Redevelopment Corporation."
b. The statement" This Corporation is a non-profit public benefit corporation
and is not organized for the private gain of any person. It is organized under
the Nonprofit Benefit Corporation Law for public purposes."
c. The Chula Vista Redevelopment Corporation is locoted at 245 Fourth Avenue,
Chula Vista, CA 91910;
d. The Initial Directors shall be the City Council of the City of Chula Vista;
3. City Staff is directed to prepare a city ordinance designating to the "Corporation"
all of the powers and authorities to carry out City redevelopment activities and
subdivision, planning and zoning activities within the prescribed territories.
4. City staff is directed to prepare by-laws for the day to day operation of the
"corporation" to include the following:
a. Board of Directors
I. The permanent Board of Directors shall consist of nine (9) members
with the following requirements for appointment by the City Council to
the Corporation Board:
1. Mayor of the City of Chula Vista
2. Vice mayor of the City of Chula Vista
3. Three Council members of the City of Chula Vista
4. One member from the public who meets criteria for "architect "
5. One member from the public who meets criteria for" real
estate development or business"
6. One member from the public who meets criteria for "land
planner or engineering expert"
7. One member who is a resident the City of Chula Vista who
meets any of the above criteria.
ii. The Mayor of the City of Chula Vista shall serve as the Chairman of the
Board of Directors of the Corporation;
.3-(2-
-------'..-
III. The terms of office for appointed members from the Public shall be
four years with staggered terms.
IV. Boord members shall be entitled to compensation for expenses
incurred and monthly stipends.
v. Authorify to remove of Board Members shall rest solely with the Cify
Council
b. Staffing
I. The By-laws shall establish the following:
1. The Chief Executive Officer (CEO) of the Corporation shall be
the Director of the Cify's Community Development Department;
2. The General Counsel to the Corporation shall be the Cify
Attorney;
3. The Chief Financial Officier (CFO) of the Corporation shall be
the Cify's Finance Director;
4. The Corporation's day to day staffing will be the Communify
Development Department and other relevant cify staff as
determined by the Corporation's CEO.
c. Budgeting and Financing
i. The Corporation shall prepare a budget request in the same manner
and time requirements as Cify Departments for annual review and
approval by the Redevelopment Agency.
II. The Cify shall provide initial funding for the establishment of the
Corporation based upon a Start-up date of March 1, 2005.
1. The Cify shall oppropriate $100,000 for start-up legal,
financial costs and operational costs for the first three months
of operations.
2. The CEO shall prepare a proposed annual budget for FY2005-
06
d. Adherence to all Open Meeting Requirements and Political Conflict of Interest
Laws
I. The Corporation shall comply with all requirements of the "Brown Act"
II. The Corporation shall comply with the provisions of the California
Political Reform Act
.3 __(6
AGENCY RESOLUTION NO.
AND
COUNCIL RESOLUTION NO.
JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY
OF CHULA VISTA DIRECTING STAFF TO RETURN BY APRIL WITH RECOMMENDATIONS ON THE
TERRITORY BOUNDARIES OF THE ALTERNATIVE AGENCY STRUCTURE IF APPROVED
WHEREAS, on February 3, 2004, the City Council and Redevelopment Agency directed staff and
consultants to prepare an analysis and discussion paper on the creation of a 501 c3 Corporation; and
WHEREAS, two facilitated workshops were held on the formation of a 501 c3 Corporation; and
WHEREAS, the discussions to date have related to the corporate structure for the proposed altern tive
agency structure; and
WHEREAS, staff requires additional time to analyze potential territorial boundaries of any new ag ncy
structure.
NOW, THEREFORE, BE IT RESOLVED that the City Council and the Redevelopment Agency of the C of
Chula Vista do hereby:
1. Direct staff to return by April with an analysis and recommendations on the territorial boundari s of
the alternative agency structure if said structure is approved by Council.
Presented by
Approved as to form by
~u~~7l1d~~
Laurie Ma gan
Director of Community Development
Ann Moore
City Attorney and Agency Counsel
.~
C:\Documents and Settings\ericc\My Documents\501 c3 RESO territory.doc
3 - /</