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HomeMy WebLinkAboutRDA Packet 2000/11/14 ~{f? ~ ---.. - ~- ..;;::: CrN OF CHULA VISTA TUESDAY, NOVEMBER 14, 2000 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING) JOINT MEETING OF THE REDEVELOPMENT AGENCY / CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Moot, Padilla, Salas, and Chair/Mayor Horton CONSENT ITEMS (Item 1) The staff recommendations regarding the following item(s) listed under the Consent Cotendar will be enacted by the Agency/Council by one motion without discussion unless on Agency/Council member, a member of the public or City stoff 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 Secretory of the Redevelopment Agency or the City Clerk prior to the meeting. ttems pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES: September 26, 2000; October 10, 2000 ORAL COMMUNICATIONS This is on opportunity for the general public to address the Redevelopment Agency/City Council on any subiect matter within the Agency/Council's iurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency/City Council from taking action on any issues not ine/uded on the posted agenda.) If you wish to address the Agency/Council on such a subiect, please complete the "Request to Speak Under Oral Communicotions Form" available in the lobby and submit it to the Secretory to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your nome 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 Agency/Council, stoff, or members of the general public. The items will be considered individually by the Agency/Council and staff recommendations 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 Secretory to the Redevelopment Agency or City Clerk prior to the meeting. '" AGENDA .2- NOVEMBER 14,2000 2. COUNCIL AWARDING A CONTRACT TO ADVOCATION, INC. FOR LEGISLATIVE RESOLUTION REPRESENTATION FOR THE 2001-2002 LEGISLATIVE SESSION, AND AGENCY AUTHORIZING THE MAYOR / CHAIR TO EXECUTE THE AGREEMENT, AS RESOLUTION APPROVED BY THE CITY ATTORNEY, ON BEHALF OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY-On 12/31/00, the current agreement with The Wilson Group expires. On 9/18/00, the City issued a Request for Proposals to qualified firms for legislative representation for the period 1/1/01 through 12/31/02. An internal evaluation team reviewed the proposals submitted and recommends the contract for legislative representation be awarded to Advocation, Inc. [City Manager; City Attorney; Intergovernmental Affairs Coordinator] STAFF RECOMMENDATION: Council/ Agency adopt the resolution. 3. AGENCY APPROVING A CONSULTANT AGREEMENT WITH PROGRESSIVE URBAN RESOLUTION MANAGEMENT ASSOCIATES (PUMA) FOR IMPLEMENTATION OF A PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA; APPROPRIATING $52,803 FROM ANTICIPATED REVENUES IN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT (4/5THS VQTf REQJ,!fRED)- The existing downtown Chula Vista Business Improvement District (BID) was created in 1971 and currently functions as the Downtown Business Association (DBA). This BID is organized under 1965 State BID legislation, which provides for assessment of businesses within the district to carry out promotional and marketing activities. Under the existing BID, the DBA receives approximately $20,000 per year from annual assessments. Because the assessment represents only a small percentage of the total current DBA budget, the Redevelopment Agency helps subsidize the DBA with an additional $50,000 annually for salaries, promotional activities and marketing. Based on the positive experience of other business districts in California and nationally, a property-based business improvement district (with annual assessments of property-owners within the district) has been identified as an important tool in the revitalization of the Third Avenue district. As a result, working together with the DBA, the Town Centre Project Area Committee, and the Public Works Department's Open Space Division, Agency staff have conducted a Request for Qualifications (RFQ) for a consultant to implement a property-based business improvement district for downtown Chula Vista. [Community Development Director] STAFF RECOMMENDATION: Agency adopt the resolution. 4. AGENCY AUTHORIZING A STOREFRONT RENOVATION PROGRAM AND RESOLUTION APPROPRIATING $85,000 FOR THIS PURPOSE FROM THE COUNCIL UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE TOWN RESOLUTION CENTRE I PROJECT AREA FUND (4/5TtfS VOTEJ1EQUfREJll- The Council and Agency recognize that its central retail and dining area on Third Avenue in Downtown Chula Vista is a symbol of the overall community's economic health, quality of life, pride and community history. As a key pedestrian gathering place ,. AGENDA .3- NOVEMBER 14,2000 and the historic core of the community, the Third Avenue district provides jobs, cultural enrichment and social opportunities for all people of Chula Vista. Key to the vibrancy of downtown is the physical appearance of storefronts and signs. The proposed program will provide matching rebate grants, design and technical assistance for facade improvements on eligible existing structures in a target area of the Town Centre I project area. Eligible projects will include full renovations including landscaping, sidewalk cafes and shade structures, awnings and signs. [Community Development Director] STAFF RECOMMENDATION: Agency/Council adopt the resolution. OTHER BUSINESS 5. DIRECTOR'S REPORT(S) 6. CHAIR/MAYOR'S REPORT(S) a. Extension of time for Lennar response to Port RFP 7. AGENCY/COUNCIL COMMENTS ADJOURNMENT The meeting will adjourn to a closed session and thence to the Redevelopment Agency meeting on December 5, 2000 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at this time, the Agency/Council will discuss and deliberate on the following item!s) of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return fram closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to Government Code Section 54956.8 Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris / Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiations: Price and terms for acquisition .. AGENDA -4- NOVEMBER 14,2000 9. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED lITIGATION--Pursuant to Government Code Section 54956.9(B) . One Case - Claim No. 2000-00010 '" MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA SEPTEMBER 26, 2000 6:00 p.m. Adjourned Regular Meetings of the City Council and the Redevelopment Agency of the City of Chula Vista were called to order at 8:20 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLLCALL PRESENT: Agency/Councilmembers Davis, Moot, Salas, and ChairlMayor Horton ABSENT: Agency/Councilmembers Padilla ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/City Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR (Items I and 2) 1. APPROVAL OF MINUTES: November 30, 1999 through September 12, 2000 Staff recommendation: The Agency approve the minutes. 2. COUNCIL RESOLUTION NO. 2000-337 /AGENCY RESOLUTION NO. 1697, JOINT RESOLUTION OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WANING THE FORMAL PUBLIC BIDDING PROCESS; AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ECONOMICS RESEARCH ASSOCIATES (ERA) FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF A CHULA VISTA ECONOMIC DEVELOPMENT STRATEGIC PLAN AND ECONOMIC DEVELOPMENT ELEMENT OF THE UPDATED GENERAL PLAN; AND APPROPRIATING $121,025 FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND AND $40,000 FROM THE AVAILABLE FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT FUND FOR THIS PURPOSE On May 12, 2000, Council approved a contract with Economics Research Associates (ERA) to develop an Economic Development Strategic Plan (EDS) scope of work. The scoping process has been completed, and it is now recommended that ERA be hired to prepare the EDS. The development of the EDS will be coordinated with the City's General Plan update and will ultimately include the preparation of an Economic Development Element of the General Plan. (Community Development Director) Staff Recommendation: Council/Agency adopt the resolution. ACTION: ChairlMayor Horton moved to approve staff recommendations and offered the Consent Calendar, headings read, texts waived. The motion carried 4-0. Page 1 CouncillRDA Minutes I-I 09/26/00 .. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. PUBLIC HEARING TO CONSIDER SUPS 01-01 (PREVIOUS CASE PCC 00-59); SPECIAL USE PERMIT TO INSTALL, OPERATE AND MAINTAIN A WIRELESS COMMUNICATIONS FACILITY CONSISTING OF 9 PANEL ANTENNAS MOUNTED TO A 60-FOOT MONOPALM, AND A 300 SQUARE-FOOT EQUIPMENT BUILDING The proposed project is a request for a Special Use Permit to construct and operate an unmanned cellular communications facility at 3554 Main Street, the site of the Otay Recreation Center. The project consists of a fenced-off equipment area measuring approximately 300 square feet and a 60-foot high monopalm supporting a GPS antenna and nine panel antennas. The project is a Class I Categorical Exemption from environmental review, minor alteration of an existing public facility, per the California Environmental Quality Act (CEQA). (Community Development Director) Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Associate Planner Blessent explained the proposed project, illustrating the monopalm antennas from various viewpoints. ChairlMayor Horton recommended that the monthly fee paid to the City be designated for expanded recreational programs at the Otay Recreation Center. She also asked that the City Manager include the site in the next Council tour. Chair Horton opened the public hearing and asked if anyone from the audience wished to speak. Michael Sloop, 9665 Chesapeake Drive, Suite 320, San Diego, representing Cox/Sprint, supported the Planning Commission and staff recommendations. There being no further members of the public wishing to speak, ChairlMayor Horton closed the hearing. ACTION: Agency/Councilmember Davis offered Agency Resolution No. 1698, heading read, text waived: AGENCY RESOLUTION NO. 1698, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA TO APPROVE SPECIAL USE PERMIT 01-01 TO COX/SPRINT PCS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 3554 MAIN STREET The motion carried 4-0. 4. PUBLIC HEARING TO CONSIDER GRANTING A SPECIAL USE PERMIT TO ALLOW A PEAK LOAD POWER PLANT ON THE PROPERTY LOCATED AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA The proposed peak load power plant is an electrical power generation plant designed to meet local and regional electrical requirements, as well as provide for regional transmission system and local distribution grid support. The main purpose of the plant is Page 2 Redevelopment Agency Minutes / - OJ... September 26, 2000 '" PUBLIC HEARINGS (Continued) to produce additional electrical power during periods of high demand and to function as support for the regular power generation and distribution system. The applicant has requested approval of a Special use Pennit and design plans for the construction of a plant, which involves the installation of electrical generating equipment on a 3.5-acre property located south of Main Street and Albany Avenue, close to the Otay River Valley. (Community Development Director) Chair/Mayor Horton noted that the hearing was continued from the meeting of September 12, 2000. Senior Community Development Specialist Tapia explained the proposed project and provided visuals of the proposed site. Chair/Mayor Horton asked the visual impact of the 45-foot tower on Main Street. Mr. Tapia responded that because ofthe downward grade of the terrain, the tower will not be seen. Chair/Mayor Horton expressed concern regarding the decibel noise levels during daily operation of the power plant. Community Development Director Salomone stated that the area is zoned for industrial use, and the applicant has guaranteed that there would be no impact on outlying areas. Chair/Mayor Horton asked if anyone from the audience wished to speak. Dale Mesple, 100 Pine Street, San Francisco, California, representing the applicant, explained that a 60-decibel noise level would be enforced because of the protected species in the Otay Basin, and he did not anticipate late night operation of the plant. With no further members of the public wishing to speak, Chair/Mayor Horton closed the hearing. ACTION: Chair/Mayor Horton offered Agency Resolutions Numbers 1699 and 1700, headings read, texts waived: a) AGENCY RESOLUTION NO. 1699, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING MITIGATED NEGATIVE DECLARATION IS-OO-39 AND APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT TO ALLOW THE SITING OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET b) AGENCY RESOLUTION NO. 1700, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING OWNER PARTICIPATION AGREEMENT WITH PG&E DISPERSED GENERATING COMPANY, LLC FOR THE CONSTRUCTION OF A PEAK LOAD POWER PLANT AT 3497 MAIN STREET WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT The motion carried 4-0. Page 3 Redevelopment Agency Minutes 1-..!3 September 26, 2000 '" ADJOURNMENT At 8:53 p.m., ChairlMayor Horton adjourned the meeting. Respectfully submitted, ::::::::z[).) d-L T3:. ? ~ Susan Bigelow, AAE, CMC, City Clerk Page 4 Redevelopment Agency Minutes 1-1 September 26, 2000 .. MINUTES OF AN ADJOURNED REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA October 10, 2000 6:00 p.m. An Adjourned Regular Meeting of the Redevelopment Agency of the City of Chula Vista was called to order at 6:22 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agencymembers Davis, Moot, Padilla, Salas, and Chair Horton ABSENT: Agencymembers: None ALSO PRESENT: Executive Director Rowlands, Agency Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR (Item I) 1. AGENCY RESOLUTION NO. 1701, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH URS GREINER WOODWARD CLYDE FOR THE CLEAN UP OF A CONTAMINATED HOLDING SITE LOCATED AT 4075 MAIN STREET WITHIN THE OT A Y V ALLEY ROAD REDEVELOPMENT PROJECT AREA, WAIVING THE CONSULTANT SELECTION PROCESS, AND APPROPRIATING $226,829 FROM THE UNAPPROPRIATED FUND BALANCE OF THE OTAY VALLEY ROAD PROJECT AND $361,367 IN ANTICIPATED GRANT REVENUE TO FUND THE PROJECT In order to generate additional jobs and revenue in an area currently blighted, the Agency wishes to develop a 1.6-acre site in the Otay Valley Road Redevelopment Area as an expansion to the Auto Park. The site is unsuitable for development due to its use as a stockpile for contaminated bum-ash waste. URS, a nationally recognized authority in environmental engineering and consulting, prepared the work plan for the project and has served as the Agency's liaison to regulatory agencies, ensuring approval of the project in a timely manner. Due to the impending beginning of the remediation, and limitations in staff availability and expertise, it is necessary to contract a consultant to oversee and manage the clean up. (Community Development Director) Staff Recommendation: Agency adopt the resolution. ACTION: Chair Horton moved to approve staff recommendations and offered the Consent Calendar, heading read, text waived. The motion carried 5-0. Page 1 - RDA Minutes /-~ 10110/00 ,. OTHER BUSINESS 2. DIRECTOR'S REPORTS There were none. 3. CHAIR'S REPORTS There were none. OTHER BUSINESS (Continued) 4. AGENCY MEMBER COMMENTS There were none. CLOSED SESSION Chair Horton announced that Closed Session had been cancelled, and the following items were not discussed: 5. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A) a. Agency vs. Shinohara [Case No. GISO02460] b. Agency vs. Rados Bros. [Case No. GIC734557-1] 6. CONFERENCE WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)(3)(E)- THREAT OF LITIGATION Letter from CinemaStar dated 10/2/00 indicating potential claim of tortuous interference claim. ADJOURNMENT: At 6:24 p.m., Chair Horton adjourned the meeting to the Regular Meeting of October 17, 2000. Respectfully submitted, ~lutU.. ~ :g~ Susan Bigelow, AAE, CMC, City Clerk Page 2 - RDA Minutes I-' 10110100 '" JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM NO.: if-- MEETING DATE: 11 /14/00 ITEM TITLE: COUNCIL/AGENCY RESOLUTION AWARDING A CONTRACT TO ADVOCATION, INC. FOR LEGISLATIVE REPRESENTATION FOR THE 2001-2002 LEGISLATIVE SESSION, AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE THE AGREEMENT, AS APPROVED BY THE CITY ATTORNEY, ON BEHALF OF THE CITY OF CHULA VISTA AND REDEVELOPMENT AGENCY SUBMITTED BY: DAVID D. ROWLANDS, JR., CITY MANAG JOHN M. KAHENY, CITY ATTORNEY COLLEEN M. KELLY, INTERGOVERNMENTAL AFFAIRS ~ COORDINATOR , /,/ REVIEWED BY: CITY MANAGER - íJ~ 4/5THS VOTE: YESD NO0 BACKGROUND On December 31, 2000, the current agreement with The Wilson Group expires. This agreement was for the provision of legislative representation in Sacramento. In anticipation of the year-end expiration of that contract, the City issued 0 Request for Proposals on September 18, 2000 to qualified firms for legislative representotion for the period Jonuory 1, 2001 through December 31, 2002. Following careful review of those proposals submitted to the City, 0 firm is being recommended by an internal evoluation team to be aworded a controct. RECOMMENDATION Thot the Council/Redevelopment Agency oward the controct for legislotive representotion to the firm of Advocotion, Inc (proposed agreement, which is in substantially finol form, is ottached os exhibit "A"). The effective period will be January 1, 2001 through December 31, 2002, with four two-year renewol options at the City's sole ond unfettered discretion. BOARDS/COMMISSIONS RECOMMENDATION Not opplicoble. 02-1 .. PAGE 2, ITEM NO.: MEETING DATE: 11/14/00 DISCUSSION 8ackaround The City of Chula Vista, together with its Redevelopment Agency, hos controcted for legislotive representation since 1986 in order to augment the City's existing relationship with key legislators ond policy administrators, os well os to maintain 0 high level of effective odvocacy with the legislative and executive branches of State government-- particularly with regard to the City's adopted Legislative Program. Procedure Notice wos mode to the League of California Cities thot the City of Chula Vista would be releosing an RFP for lobbying services. This notice served to comply with the City's purchasing ordinance requirement that an oppropriate professionol society be noticed of the City's interest. Stoff then moiled copies of the RFP to seven firms that hod been recommended to the City from sources thot included the Leogue of Californio Cities, our current consultant (The Wilson Group) ond staff personnel from members of both the Stote Senote and the State Assembly. The City's Purchasing Agent concurs with this selection process. The seven firms contocted were: . Mr. Ken Emanuels . Lynn M. Suter and Associates . Michael J. Arnold and Associates . Advocation, Inc. . Mr. Charles W. Bader . Stefan/George Associotes . Mr. Ralph Heim Four firms submitted proposals to the City in response to the RFP. One of these responses (Stefan/George) was determined to contain a significant conflict of interest concern that wos subsequently discussed with the respondent. The respondent agreed that there would be a conflict and did not object to being omitted from further considerotion. The remaining three firms were interviewed by 0 ponel consisting of: . the City Monoger . the City Attorney . the Intergovernmental Affairs Coordinator In rating the interviewed firms, the ponel used such criteria as: . experience of principal representatives in Socromento politics ond municipal issues; . proven obility to influence ond affect the opinions and actions of the legislative and executive branches of State government, os well os the State's administrative staff; . demonstrated expertise in those issues ond topics covered by the City's Legislotive program; .:J-~ .. PAGE 3, ITEM NO.: MEETING DATE: 11/14/00 . sufficiency of staff to meet the workload and timing requirements of the Cify's Legislative Program; . and demonstrated stabilify from a finonciol, organizational and personnel perspective. The interview questions and discussion focused on the following oreos: upcoming changes to the Legislature ond how that will offect lobbying octivities; specific lobbying opportunities with Chula Vista's current and potentiol elected representatives in Socromento; experience ond success in identifying and securing funds for municipal projects; the emergence of labor issues under the current administration; handling of potential conflicts omong clients and how the firms' current client mix fits with Chula Vista's legislative program; understanding the firm's role, responsibilities and interaction with Cify officio Is and Cify staff; allocation of human and material resources; and each firm's opprooch to lobbying and customer service. At the conclusion of those interviews, the panel unonimously concurred in the recommendation of Advocotion, Inc. as the best candidate for representing Chulo Visto in Sacramento. The remoining two firms, while both well qualified, did not offer the some depth of resources or breodth of experience affered by Advocotion Inc. Qualifications of Recommended Firm Advocotion hos been among the lorgest and most successful lobbying firms in Socramento for more than 30 years. Their staff of five lobbyists represents a combined total of more than 100 yeors of experience in lobbying the Californio Legislature and Administration. The firm currently represents such corporote clients os General Motors, VISA USA, Prudential Insuronce Com pony and Federal Express. The firm's association with these kinds of clients is a significont benefit when meeting with members of the legisloture or with the Governor's office. In oddition, the diversify of Advocation's client base, and the resulting expansive professional network developed by the firm, has given Advocatian an exceptionolly high level of expertise in issues with which Chula Vista is deeply involved, including: transportotion funding, revenue ollocation at the state ond local level, utilify deregulation, labor relotions, workers compensation reform, and developing effective coolitions to improve the Cify's abilify to odvance its legislative ogenda. Finally, the firm has a proven obilify to identify ond secure funds from a voriefy of state resources to support municipal projects. During the post two legislative sessions, the firm wos able to generate $10 million for the Cify of Oaklond (including $5,000,000 for that cify's Chabot Spoce ond Science Center) ond a $2 million grant to the Center for Advanced Research ond Technology as requested by the Cify of Clovis. During the yeors in which Advocotion served as Chulo Visto's representotive in Socromento (1990 -1996) the firm was instrumentol in securing nearly $25 million for vorious Cify projects. The firm was also 0 key player in the Cify's efforts to obtoin $15 million from the Stote in order to construct the Olympic Training Center. c:l-.3 .. PAGE 4, ITEM NO.: MEETING DATE: 11/14/00 Scope of Work The recommended contract designates Advocation, Inc. as the City/Agency's official legislative representative with the Colifornia Stote Legislature and various governmentol agencies. Further, the ogreement will include requirements that the City/Agency be provided with comprehensive legislotive services including: 1. Review of all bills introduced in the California Legisloture, informing the City/Agency of 011 State legislotion affecting the City/Agency's primary interests, ond forwording advonce copies of such bills to the City/Agency when not avoiloble electronically; 2. Attending 011 League of Californio Cities regulor "city representative" meetings and briefings; 3. Trocking legislation on which the City/Agency hos taken a position, maintaining bill records and notifying the City/Agency of pending or completed omendments to such bills; 4. Arranging meetings with legislotive representatives for elected officials and City staff when necessory, and being prepared to participate in these meetings os required; 5. Performing customory duties of legislative odvocacy and governmentol affoirs representation on behalf of the client to the best of their obility, experience and expertise; 6. Gathering dato ond providing information to the City/Agency on such matters os: a. State agency and department regulations, guidelines, directives, and other instruments of odministrative policy that moy impact City/Agency projects or operations; b. Funding opportunities for proposed City/Agency projects ond maximizing use of 011 ovailable State resources for financing progroms and mandates; c. Hearings, reports ond testimony of interest to the City/Agency; 7. Representing the City/Agency in meetings with state bodies, boards, commissions, and legislative bodies; 8. Developing legislotive initiatives to assist in the implementation of the City/Agency's Legislative Program; 9. Trocking and monitoring propositions ond initiatives at the State level and keeping the City/Agency apprised of proposals thot impact City Services. FISCAL IMPACT Per the city's purchasing ordinance, upon Council opproval, stoff will negotiate a contract with the recommended firm. Advocation has ogreed to provide their services at a monthly rate of $6,000, exclusive of expenses. The onnual contract cost would not exceed $79,000 inclusive of expenses. Although the fiscal impocts of mony of a lobbyist's efforts con be difficult to estimote, (e.g. issues of home rule, civil liobility, land use control), post ossistance from lobbying firms has provided substantial, concrete savings and benefits. 02.-1 .. PAGE 5, ITEM NO.: MEETING DATE: 11/14/00 As noted earlier, in previous yeors this hos included: $12 million in State funds for construction of a veterans home in Chula Vista, $4 million for legislotive enoctment and preservation of supplemental subventions, $750,000 for alternotive fuel programs, and $400,000 for the Chula Vista Noture Center seawater system. In the post legislative session the City benefited from: $490,000 for renovation of lomo Verde Park Pool, $284,000 for improvements to Greg Rogers Park, ond $220,000 for the Chulo Vista Noture Center, as a result of lobbying efforts. Continuing fiscal issues will include: 0 renewed attempt to engage the Governor and legislature in the effort to improve the State/loco I government fiscal relationship, keeping a spotlight on the need for correcting a flawed electric utility deregulation process, developing new coalitions to oddress growing concerns over lobor-related issues ond the impoct of electronic commerce on traditionol "bricks and mortor" businesses, protecting franchise fees from potential losses due to deregulotion, ond assisting the Chulo Vista Nature Center in its efforts to increase the strength of its endowment program ond reduce its dependency on City funding. AnACHMENTS Exhibit "A" H:\HOME\COMMDEV\STAFF.REp\ 11.14-00\leg;,lotive rip.doc eJ-S- .. AGENCY RESOLUTION NO. and COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AWARDING A CONTRACT TO ADVOCATION, INC. FOR LEGISLATIVE REPRESENTATION FOR THE 2001-2002 LEGISLATIVE SESSION AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA WHEREAS, on December 31,2000, the current agreement with The Wilson Group for the provision of Legislative Representation in Sacramento expires; and WHEREAS, the City issued a Request for Proposals (RFP) on September 18, 2000 to qualified firms for legislative representation for the period January 1, 2001 through December 31, 2002; and WHEREAS, four firms submitted proposals in response to the RFP with one firm subsequently withdrawing due to a conflict of interest; and WHEREAS, the remaining three firms (Advocation, Inc., Michael J. Arnold and Associates and Mr. Charles W. Bader) were interviewed by the City Manager, City Attorney and Intergovernmental Affairs Coordinator; and WHEREAS, the panel unanimously concurred in the recommendation of Advocation, Inc. as the best candidate for representing Chula Vista in Sacramento. NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista does hereby award the contract for legislative representation to the firm of Advocation, Inc. for the period January 1, 2001 through December 31, 2002, 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 Agreement for and on behalf of the Redevelopment Agency and the City of Chula Vista. Presented by Approved as to form by ~~ /!uØ Chris Salomone Director of Community Development City Attorney and Agency Counsel H : Iho me Ie omdev I resos IAdvoe atio n e:2 -~ - Agreement between City of Chula 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 (collective "City") and Advocation, Inc., a California corporation ("Consultant"), and is made with reference to the following facts: Recitals Whereas,the City of Chula Vista has contracted fo::: legislative representation since 1986; and, Whereas,on September 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 Gctobe::: 20, 2000; and Whereas the City staff have reviewed and evaluated these proposals; and, following presentation of the recommer.dations to Council, received direction to negotiate a contract wiLh 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; Contract.AU/ =tand.1~d Form Two partj Þ.greement (,o'orth ".e'¡csiQn) t1ove:rber 14, 20GO ~- 7 ?aq', 1 '" NOWr THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. 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. :~:1tract .j.,[/I :ëandard Form T'",o P3rty Agreeme:1t (Fourth Pe",islon) "~'lember l4, 2000 ?age 2 ';:¿-f - F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following 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 amoun;: 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. Contr~ct .ADIJ ë:andard Fo= T',;c Party Þ.greement (Fourth "Ensiùn) No'lomber 14, 2000 Page 3 .)- , - H. Security for Performance. Not Applicable 1. 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 Ci ty 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 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain iufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized b¡ said party to represent them in the routine administration of this agreement. Contract. M)¡ Standard Form T'",o Part; Þ.gr~eme,.' 'Fourth ?e"cslOn) No',ember 14, 2000 ?c~',e .1 02-10 '" 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 this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete Lhe Defined Services within the allotted time period specified in Lhis Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for Lhe completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Ra t e "). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the sp9cified time. Extensions of tim9, wh9n granted, will be based upon the 9ffect of delays to the '"ork and will not be granted for delays to minor portions of work un19ss it can be shown tho.-.: such delays did or will delay the progress of the work. 6. Financial Interests 0:' Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FP PC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of inter9st and disclosure provisions, anc: shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting cat9gories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in (or,tract . he'! 3tandard Form Two Party Agr~er:1~nt (Fourth ?o',esion) tlc',er:1bor 14, 2~OO ?age 5 -1-11 '" 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 notify the City in advance or as soon as reasonably possible. Should the City or the Consultant determine that a conflict 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 agre"'s 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 of 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. Contract.p.D'! 3:andard Form Two Party Þ.greement (Fourth Fe'losionl tlo'lember 14, Y,OO Page .; 02 -I';;'" '" E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filerr Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consul cant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, àirectly 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, E'aragraph 15. Consulëant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise thaë may be made during the Term of this Agreement, or for 12 mont:-,s thereafter. Consul::ant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. 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, subcontractors, 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 indemnifica::ion 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 Contract. AC'I S,ondard Fc= T'.o Part:; Agr""",",,, If,)urtb P~'1~3ion) November 14, 2C~': ?"1" 7 .2-1..3 - the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request 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 Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the cc~ena~ts, agreements or stipulations of this Agreement, City shall ha~e the right to terminate this Agreement by giving written notice co Consultant of such termination and specifying that the termination is effective immediately. In that event, all finished or unfinished documents, data, studies, surveys, drawil".gs, maps, reports and other materials prepared by Consultant shall, ac the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. For purposes of this Agreement, in the event of Consultant's brech hereof, in addition to any and all other rights and remedies to which the City may be entitled, City shall have the right to recover monetary damages which shall include (a) Liquidated Damages in accordance with the terms of Section 5 of this agreement and Section 14 of Exhibit A for each day that the City, as a result of Cit's termination of this Agreement for cause, City is not being provided the Defined Services hereunder, subject to City's good faither efforts to contract with an alternate consultant and (blsuch additional monetary damages 'Co which the City may be entitled. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to Cit) greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse Cit} for any additional expenses incurred by the City. Nothing r,erein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereat, at lc;ast thirty (30 I days befare the effective date of such terminatiçn. Contract.Þ.D'J 3:andard Form Two Parol I'.gr',"",eo.: r,ocr:h ,"','¡csion) No'¡cmber 14, 2000 ~,",e " ---' - I c./ '" 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 report s, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of 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 ether 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. Contract .~.ú'1 Standard Form T'"o Party Agreeme,.: (Fourth ,"e'¡CS1'Jn) ~¡o'¡ember 14, 2000 ?'?" S a2 -IS" .. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounLS of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, 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 of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices 1\.11 notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in ',¡riting. 1\.11 notices, demands and requests to be senL to any party shall be Contract.ADV :tandard Form ,'.0 Pact} ~,gree¡o:,e"t \ Fourtr. ?e',cslon) "c',emcee "', 2'JéC, ?óge 10 02 -I '- .. deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaidr registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Anyact: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, shall be the City of Chula Vista. Contract,þ,DV ::andard Fc= T'.o Part} Agreeme",: (Fourth FC'/lslon! November 14, 2000 ?¿,ge 11 02-/1 '" Signature Page to Agreement between City of Chula Vista and the Redevelopment Agency of the City of Chula Vista and Advocation, Inc. for Legislative Representation IN WITNESS WHEREOF, 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 of Chula Vista by: Shirley Hor~on, Mayor Attest: Redevelopment Agency of the Susan Bigelow, City Clerk City of Chula Vista Approved as to form: by: J~~~O~ Shirley Horton, Chairman Advocation, Inc. By: CÝi~ ~ ~ ~ [Signature] C....\i\~L;oÇ L, ,OLE By: 'i'í( e s \ \) ê IV '1- [Print name and title] Exhibit List to Agreement ( ) Exhibit A. Ccn[[oct,AD'J :::tac.dard For:" T',¡o Par:} ~,gr"~r:,~c,: (,ourcb ?"'1'31O<1) NGv~mber 14, 2000 "',';e 1:2 ~ - If' '" Exhibit A to Agreement between City of Chula Vista & Redevelopment Agency of City of Chula Vista and Advocation, Inc. 1. Effective Date of Agreement:January 1, 2001 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 of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Advocation, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (XI 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. 2 PT'i9-AdvQca t ien E:-:hlbi t A to S:a"dard Form F,c¡reement fle'Jember 14, 2000 ?3ge 1 ~-/9 '" 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 SOr abide by the Cit'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 suring same. 3. As directed ans 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 Ci;:y operations, (d) funding opportunities for proposed and existing City projects, (e) technical memoranda or reports impacting City operations. 4. O"?velop strategies to implement successfully the City's adopted Legislativ"? Program and, with City's approval, implement said strategies. 5. Provide sufficient support to lobby aggressiv"?ly an av"?rage of at least 3-4 major priority issues aè any given time, along with at least 6-7 l"?ss"?r priorities. Support would include proactively identifying potential l"?gislative vehicles relating to thos"? topics and aÖ';ocating the City's position with appropriate l"?gislators or other officials to bring about fa-Jorable consideration of these proposals. 6. Moni tor and provid"? the City with copi"?s 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 th"? City '>lith 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 inter"?st. 8. Prepare and deliver letters, as directed by the City, to appropriate committees and members of the State L"?gislature, as well as to executive d"?partments and/or S::ate officials. 2 PT'{3-Advocaticc, Exhibi;: A to :;:"c.~ard FaCTI J..';reement No',ember 14, 20C~ ?age 2 C:;-';¿O .. 9. On those bills being tracked by the City, provide written, weekly status reports and written end-of-year reports, including amendments, committee 3.ssignments, hearing and voting information and other ot:,er relevent data. 10. Prepare briefing materialsr provide briefings/meeting space and arrange appointments for Councilmembers and City staff when those individuals travel "Co Sacramento in furtherance of the City's Legislative Program. 11. Provide information and/or resources, as available, pertaining to State and regional agencies, (änd, äS 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 c3.rry out the City's legislative goals. 13. At least four times per year, provide a i::>riefing at a regularly scheduled City Council or ?edevelopment Agency 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 Deliverai::>les: 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 Cou~cil 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 approva.:. by the City Council and Agency Board. 2 PT'{j-þ,dvooa:lcn Exhibit A to S:,,',oo~d Form I'.';r~c:n~nt Novcmb~r ", 2000 ?~,e 3 ~ -ó2./ - 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 correspondance 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: $72,000, payable as follows: 12 equal monthly payments of: $6,000 with materials or other expenses reimbursed as provided herinbelow. 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 $S83/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 2 PT'{9-Ad'¡ooa tian E:<hibit A to 3:a~da"d Fom þ,qr~~ment No'l~mb~r l~, 2000 Page 4 ó) -,;¿~ .. 13. Contract Administrators/key personnel: City:City Manager or designee, 276 E'ourth 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 ack'-lOwledges 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 of the Defined Services hereunder. Consultant agrees that it will no:: transfer or remo'/e such person from this project without the prior writen permission or direction of City, which ""ill not be unreasonably withheld. Any such change wi thou:: ::he 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. (XX) Other: In lieu of an amount per day, liquidated damages shall consist of the lump SUB of $6,000 or the current monthly rate, whichever is gre2ter. 15. Statement of Economic Interes::s, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of lncome. ( ) Category No. 2. Interescs in real property. ( ) Category No. 3. Invescments, interest in real property and sources or lncome subject to the regulatory, permit or licensing authority of the department. 2 PTY9-Þ.d'!oo,' t :on ë",~:bit A to 3ta:.'"3rd !'or:n é,';reement nO'!ember 14, 20CC Page" 02 - Øl...3 '" ( ) Category No. 4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No. 5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No. 6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide serVlces, 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 noc be permitted without prior City approval, which approval shall be at City's sole discretion. 18. Bill Processing: A. Consultant's Billing Co 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 2 PT'{9-.~d'¡oca cion Exh,b't þ, t'~ :òc"".jacd Form f-.1",ement Nov~mbec 11, 2000 c:; - óJ. '" ?'ge ,¡ .. 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 com:rary requiring the payment of compensation to the Cons'-lltant sooner, the City shall be entitled to retain, at their option, either the following "Retention Perce:1tage" or "Retention Amount" until the City determines thaë the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % ( ) Retention Amount: $ - Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: 2 PT'!9-M'lOca "ion E;<hibi: ¡., t., :';ta'-'~.H~ ,:= h:'~e"'ent ti'Jv,cI1'ber 14, 2000 C:;-ól~- ?"'Je 7 '" REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: J MEETING DATE: 11/14/00 ITEM TITLE: AGENCY RESOLUTION APPROVING A CONSULTANT AGREEMENT WITH PROGRESSIVE URBAN MANAGEMENT ASSOCIATES (PUMA) FOR IMPLEMENTATION OF A PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA; APPROPRIATING $52,803 FROM ANTICIPATED REVENUES IN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR c:-:S I REVIEWED BY: EXECUTIVE DIRECTOR iÍlf: :;>íV ~T 4/STHS VOTE: YES 0 NO D BACKGROUND The existing downtown Chula Vista Business Improvement District (BID) was created in 1971 and currently functions as the Downtown 8usiness Association (DBA), This BID is organized under 1965 Stote BID legislation, which provides for ossessment of businesses within the district to corry out promotional ond morketing octivities. Under the existing BID, the DBA receives approximately $20,000 per year from onnual assessments, Because the ossessment represents only a smoll percentage of the total current DBA budget, the Redevelopment Agency helps subsidize the DBA with an additional $50,000 annuolly for sol aries, promotional activities and marketing. Based on the positive experience of other business districts in California and nationally, a properly-based business improvement district (with onnual assessments of properly-owners within the district) hos been identified as an important tool in the revitalization of the Third Avenue district. As a result, working together with the DBA, the Town Centre Project Area Committee, and the Public Works Department's Open Space Division, Agency stoff hove conducted a Request for Qualifications (RFQ) for a consultant to implement 0 properly-bosed business improvement district for downtown Chula Vista. RECOMMENDATION Adopt the resolution opproving a consultont ogreement with Progressive Urban Monagement Associotes (PUMA) to implement 0 Properly-Bosed Business Improvement District within the Town Centre I Redevelopment Project Area; oppropriate the expenditure of $52,803 from onticipated revenues in the Town Centre I Redevelopment Project Fund; ond authorize the Chair to execute said agreement for this purpose. J-I '" PAGE 2, ITEM NO.: MEETING DATE: 11/14/00 BOARDS/COMMISSIONS RECOMMENDATION The Downtown Business Associotion strongly supports the formation of the Property-Bosed Business Improvement District and has included this project as their primory gool for the coming yeor. The PBID is not under the jurisdiction of the Town Centre Project Areo Committee, but the TCPAC supports the PBID concept ond hos participated in the selection of the PBID consultant. DISCUSSION Successful business districts in California are rapidly adopting property-based business improvement districts (PBIDs), following the State's adoption of PBID implementing legislation in 1995 (many other states had already odopted similar legislation prior to Colifornio's move.) palOs create more dynamic and successful business districts by activating the porticipation of property owners in creating solutions to the marketing, promotional and maintenance needs of their tenant base, Through adoption of local palOs, locol business districts can focus on: . Creoting a cleaner, sofer ond more ottractive business district. . Establishing a stable and predictoble resource base for management of the business district. . Providing non-bureaucratic, innovative and accountable management. . Responding quickly to morket changes ond community needs. . Helping to increase sales, occuponcy rates and property values. Local palOs hove now been estoblished in Downtown EI Caion, the Goslomp District and severol other San Diego neighborhoods (among others in the County.) palOs have also been established in Hollywood, Westwood, Sacramento, Stockton, Ooklond, Long Beach, Berkeley, San Bruno, and Von Nuys. Chulo Vista's downtown is well poised to utilize the PBID legislotion, given the dramotic demographic changes now toking place in the region. Although it is too early yet to speculote, it is thought thot through the PBID adoption, downtown management funding could increase from $20,000 per year to approximately $250,000-$350,0000 per year, based on the experience of other similar business districts. palOs require 0 Proposition 218 vote of offected property owners, following successful preparotion of 0 petition requesting the formotion. In order to proceed, a formal Request for Qualifications (RFQ) for 0 consultont to implement the PBID process wos initiated by staff. A totol of three responses to the RFQ were received. The selection committee reviewed the RFQ submittols and conducted interviews on October 13, 2000. Porticipants ranked the three firms based on their written responses, formal presentotions, experience, and answers to interview questions. The final ranking wos: 1) Progressive Urban Management Associotes, 2) New City America; ond 3) Muni-Finonciol. Progressive Urban Monagement Associotes has strong experience in the management of compaigns for odoption of palOs, including the preparation of petition materiols and outreach to property owners. They hove been successful in the adoption of mony of the state and nationol palOs thot hove been formed, including in the Goslamp ond in EI Cajon. They impressed the selection committee with their ability to work closely with property owners and in creoting interest and positive oworeness of the benefits of PBID adoption, They hove been porticularly adept in showing property ...9..~ '" PAGE 3, ITEM NO.: MEETING DATE: 11/14/00 owners how palOs can increase property values over time through implementotion of "clean and sofe" programs. Although the other condidate consultont firms interviewed, Muni-Finoncial and New City Americo, olso brought strong experience to the table, Progressive Urbon Monogement Associates impressed the selection committee with their emphasis on one-on-one work with property owners, who ore the key to successful PBID odoption, The work progrom for estoblishment of the PBID will include: + 0 full project ossessment and comporative onolysis of similar districts + development of a database of property owner information + an analysis of current levels of service provided by the City and Agency + the creation of a stakeholder group and focus groups + 0 direct mail survey of property owners + one-on-one meetings with property owners + development of plan options ond workshops to review the plan options + development of stakeholder consensus ond a final management plan + creation of the engineer's report, preparotion of the petition process and public hearing + development of a campaign strotegy and PBID Newsletter + campaign monogement, finol ordinonce preparation and balloting, and formal City Council approval. The work plan colis for a Proposition 218 vote on the proposed PBID by June 2001, in order to begin receipt of assessments in 2002. A variety of options will be under consideration os the consultant works with the City and the DBA on the project: + Should the existing Downtown Lighting ond Londscape Mointenance District be rolled into the odopted PBID? + Should the existing BID and its assessment on businesses be retoined or rolled into the PBID? + What should the boundaries of the PBID be? + How should the DBA be restructured to include property owner participation? + Whot exactly ore the new services thot the PBID will provide? + Whot boseline services will the City ond Redevelopment Agency continue to provide? The consultant hos structured their proposed work pion into severol phoses, the first of which should provide information to determine whether or not downtown property owners have sufficient interest to support the PBID. A weighted 50 percent of property owners must support the petition to form the PBID, which will then be in effect for 5 years. Agency ond City staff are prohibited from electioneering for the PBID. Therefore, a criticol core of property owner support will be necessary for successful odoption. Should adequate interest not be elicited, the consultont is prepored to work on a strategy to increase property owner acceptance. If still not considered feasible, consultant will promptly infarm City staff. ~-3 '" PAGE 4, ITEM NO.: MEETING DATE: 11/14/00 FISCAL IMPACT $35,000 was originolly authorized for retention of a PBID consultant during the current fiscal year. This amount wos, however, inadvertently not included in the finol printed budget. As a result, with this action, the Agency is requesting a new oppropriation of $52,803 (the negotiated controct amount) from anticipoted revenues in the Town Centre I Redevelopment Project Fund. This represents 0 not-to-exceed contract amount. ATTACHMENTS Exhibit A: Two Party Consultont Contract Exhibit B: Scope of Work Exhibit C: Project Deliverables H:\HOME\COMMDEV\STAFF,REP\ 11-14-00\downtownpb;d,doc ~-4 '" RESOLUTION NO, RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH PROGRESSIVE URBAN MANAGEMENT ASSOCIATES (PUMA) FOR IMPLEMENTATION OF A PROPERTY-BASED BUSINESS IMPROVEMENT DISTRICT (PBID) WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA; APPROPRIATING $52,803 FROM ANTICIPATED REVENUES IN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT WHEREAS, the existing Business Improvement District was founded in 1971 and has served downtown Chula Vista well as a means of providing marketing and promotional activities during the past three decades; and WHEREAS, the State of California now provides for the enactment of Property-Based Business Improvement Districts, through a Proposition 218 election, which can provide critical funding for modern business district management with a focus on creating "clean and safe" business districts attractive to residents, visitors and investors; and WHEREAS, the existing Downtown Business Association seeks to utilize the best management practices available to help ensure a successful Third Avenue shopping district and requires the additional resources made available through adoption of a Property-Based Business Improvement District to attain their goals; and WHEREAS, the Redevelopment Agency recognizes the positive benefits of a strong and flexible management structure and funding mechanism for the implementation of revitalization activities in the Town Centre I Redevelopment Project Area; and WHEREAS, property owners in the proposed Property-Based Business Improvement District will benefit from the physical and social improvements that their assessments will help fund, including increased property values and stronger leases as the District is improved; NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve, in the form presented, a consultant agreement with Progressive Urban Management Associates for implementation of a Property-Based Business Improvement District within the Town Centre I Redevelopment Project Area and authorizes the Chair to execute said Agreement. BE IT FURTHER RESOLVED the Redevelopment Agency of the City of Chula Vista also hereby appropriates $52,803 from anticipated revenues in the Town Centre I Redevelopment Project Area, PRESENTED BY APPROVED AS TO FORM BY ~+1Uf Chris Salomone Director of Community Development Agency Attorney H:\HOME\COMMDEV\RESOS\RESO - AGENCY DOWNTOWN PBID.doc ..!i-S ,. Agreement between the Redevelopment Agency of the City of Chula Vista and Progressive Urban Management Associates (PUMA) for Property-Based Business Improvement District Consulting Services This agreement ("Agreement") by and between the Redevelopment Agency of the City of Chula Vista ("Agency") and Progressive Urban Management Associates ("Consultant") is entered into and effective as of November 14, 2000 ("Effective Date"), and is made with reference to the following facts: Recitals WH EREAS, the existing Downtown Business Improvement District was founded in 1971 and has served downtown Chula Vista well as a means of providing marketing and promotional activities during the past three decades; and WHEREAS, the State of California now provides for the enactment of Property- Based Business Improvement Districts, through a Proposition 218 election, which can provide critical funding for modern business district management with a focus on creating "clean and safe" business districts attractive to residents, visitors and investors; and WHEREAS, the existing Downtown Business Association seeks to utilize the best management practices available to help ensure a successful Third Avenue shopping district and requires the additional resources made available through adoption of a Property-Based Business Improvement District to attain their goals; and WHEREAS, the Agency recognizes the positive benefits of a strong and flexible management structure and funding mechanism for the implementation of revitalization activities in the Town Centre I Redevelopment Project Area; and WHEREAS, property owners in the proposed Property-Based Business Improvement District will benefit from the physical and social improvements that their assessments will help fund, including increased property values and stronger leases as the District is improved; Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Page 1 .;.-(. '" NOW, THEREFORE, BE IT RESOLVED that the Agency 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 Agency such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the Agency, operate to terminate this Agreement. C, Reductions in Scope of Work Agency 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, Agency 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. Page 2 ..3-7 .. D, Additional Services In addition to performing the Defined Services herein set forth, Agency may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon, All compensation for Additional Services shall be paid monthly as billed, E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F, Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the Agency: 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 Agency as an Additional Insured, and which is primary to any policy which the Agency may otherwise carry ("Primary Coverage"), and which treats the employees of the Agency in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy, Page 3 J-i '" 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. H, Security for Performance. (1) Performance Bond, In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the Agency a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the Agency an irrevocable letter of credit callable by the Agency at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. Page 4 oJ-if .. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the Agency such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the Agency A. Consultation and Cooperation Agency 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 Agency shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, Agency 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 Agency 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, Agency shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. Page 5 ...6-10 ,. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the Agency to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the Agency's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3, Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4, Term, This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5, Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay, Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the Agency, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the Agency, shall be requested in writing to the Agency's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work, Page 6 J-II - '" 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney, ß, Decline to Participate, Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests, Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests, Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of Agency if Consultant learns of an economic interest of Consultant's which Page 7 -' -12- - .. may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F, Specific Warranties Against Economic Interests, Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise Agency of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of Agency, Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of Agency, 7, Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the Agency, its elected and appointed officers and employees, from 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, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the Agency, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the Agency, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the Agency, defend any such suit or action brought against the Agency, its officers, agents, Page 8 .ß - 1.3 - - or employees, Consultants' indemnification of Agency shall not be limited by any prior or subsequent declaration by the Consultant. 8, Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, Agency shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination, In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the Agency, become the property of the Agency, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused Agency by Consultant's breach, 9, Errors and Omissions In the event that the Agency Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to Agency greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse Agency for any additional expenses incurred by the Agency. Nothing herein is intended to limit Agency's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of Agency Agency may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the Agency, become Agency's sole and exclusive property, If the Agreement is terminated by Agency 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, Page 9 ...3 -1'1 - .. 11. Assignability The services of Consultant are personal to the Agency, 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 Agency. Agency hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants", 12, Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of Agency. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of Agency, Agency 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 Agency 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. Agency 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 Agency, and none of them shall be entitled to any benefits to which Agency or City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits, Therefore, Agency 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 Agency harmless with regard thereto. 14, Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the Agency unless a claim has first been presented in writing and filed with the Agency and Page 10 -'-IS' - .. acted upon by the Agency 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 Agency in the implementation of same. Upon request by Agency, Consultant shall meet and confer in good faith with Agency for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred, The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 16, Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17, Miscellaneous A. Consultant not authorized to Represent Agency Unless specifically authorized in writing by Agency, Consultant shall have no authority to act as Agency's agent to bind Agency to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson, Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons, Page 11 J - ff. . .. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing, All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties, D, Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof, Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F, Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista and City of Chula Vista Redevelopment Agency, or as close thereto as possible, Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Page 12 .ß -/7 . - Signature Page to Agreement between the Redevelopment Agency of the City of Chula Vista and Progressive Urban Management Associates (PUMA) for Property-Based Business Improvement District Consultant Services IN WITNESS WHEREOF, Agency and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19- Redevelopment Agency of the City of Chula Vista by: Shirley Horton, Chair Attest: Susan Bigelow, City Clerk Approved as to form: John M, Kaheny, City Attorney Dated: Progressive Urban Management Consultants By: M, Bradley Segal, President Exhibit List to Agreement (X) Exhibit A. Page 13 ...3- I~ - '" Exhibit A to Agreement between Redevelopment Agency of the City of Chula Vista and Progressive Urban Management Associates (PUMA) 1. Effective Date of Agreement: November 14, 2000 2, City-Related Entity: Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California 3. Place of Business for City: City of Chula Vista Redevelopment Agency, 276 Fourth Avenue, Chula Vista, CA 91910 4, Consultant: Progressive Urban Management Associates 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1616 17th Street, Suite 262 Denver, CO 80202 (303) 628-5554 (Voice) (303) 628-5557 (FAX) 7. General Duties: Consultant shall perform the duties required to create a new property-based business improvement district in the Town Centre I Redevelopment Project Area, including creation of the management plan, engineering work, Proposition 218 election Page 14 ...3-It:t - .. work, and interaction with property-owners, Agency, City and business owners as represented by the current business improvement district. 8, Scope of Work and Schedule: A. Detailed Scope of Work: See Exhibit B 8, Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: See Exhibit C 0, Date for completion of all Consultant services: August 15, 2001 9. Insurance Requirements: () Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. 0 Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage), (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by Agency to Consultant: Not Applicable 11, Compensation: Phased Fixed Fee Arranqement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth, Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Fees for each phase exclude 10% retention, Page 15 J --.::Lo - .. Phase Fee for Said Phase (less 10% retention) 1 9,090,00 2 7,164,00 3 9,436,00 4 5,778.00 5 7,578.00 6 2,502,00 7 2,160.00 8 3,815.00 I Retention Payment 5,280,00 (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"), (2) () Limitation without Further Authorization On Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City, Nothing herein shall preclude Consultant from providing additional Services at Consultant's Own cost and expense, () Hourly rates may increase by 6% for services rendered after [month], 19 ,if delay in providing services is caused by City. 12, Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 13. Contract Administrators: Page 16 .ß-.:¿( . .. Agency: Byron Estes, Redevelopment Manager Consultant M, Bradley Segal, P. U, M. A. President 14, Liquidated Damages Rate: Not applicable 15, Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable, Not an FPPC Filer. ( ) FPPC Filer () Category No.1. Investments and sources of income. () Category No, 2. Interests in real property, () Category No.3, Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4, Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property, () Category No, 5, Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6, Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7, Business positions, (X) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: None Page 17 .; ...2 .¡" - '" 16, ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: Terrance E. Lowell & Associates, Inc, 18, Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X ) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month (X) 15th Day of each Month ( ) End of the Month ( ) Other: C, City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: (X) Completion of All Consultant Services ( ) Other: Page 18 J -..2.3 . ,. Downtown Chula Vista Property-Based Business Improvement District Formation PROPOSED SCOPE OF WORK General Duties Consultant shall assist the Agency and downtown stakeholders to create a property-based business improvement district (PBID) to finance district improvements, services and programs, Through a participatory process that involves property, business and civic "stakeholders", the result will be an open and balanced evaluation of the PBID opportunity, and, if formed, a PBID tailored to the unique needs of downtown Chula Vista. Specific project objectives include: + Working together with downtown stakeholders, and under the general direction of the Agency, Consultant will evaluate the feasibility for establishing a PBID to finance enhanced services and improvements throughout downtown, + Consultant will develop a clear and concise Plan of Options that will provide options and recommendations for PBID boundaries, service plan, budgets, assessment methodology, governance and relation to existing organizations, + Consultant will form the PBID Plan Options through an accessible and visible process that engages downtown stakeholders, including civic leaders, property and business owners, + If downtown stakeholders and the Agency decide to proceed to form a PBID, Consultant will assist in the creation of a management plan, engineer's report, petition drive and 218 ballot marketing and communications strategy, including tactics and campaign materials, to help guide a successful outcome, Specific Duties PHASE I: PBID FEASIBILITY Step 1: Proiect Infrastructure 1,1 Project Assessment: Consultant shall complete an initial site visit to establish a physical, economic and political context for the project. During the visit, Consultant shall: ..:! -,;¿ if - '" + become oriented to downtown's various sub-districts; + obtain recent planning and development studies; + visit with key business district stakeholders; + assess database resources and formatting; + obtain work programs and budgets for existing special districts and marketing and improvement programs; + develop an initial project sequencing schedule; and, + assist Agency in formation of and meet with the Project Steering Committee, 1,2 Comparable Districts: Consultant shall complete a survey of up to 6 property-based business improvement districts in comparable downtowns, resulting in a matrix of information revealing governing structures, services, budgets, sources of revenue and local government participation, 1,3 Database Development: Consultant shall assist the Agency to develop its comprehensive property database from available information at the City, County, real estate information services and other existing sources. Information to be gathered will include property ownership and contacts, and property characteristics including lot frontage, lot and building square footage, The database should be designed to track property owner contacts and support inclinations throughout the PBID formation process, 1,4 Base Level of Services: A quantified definition of the Agency's existing level of area services and a commitment to maintain a base level of services must be developed early in the PBID feasibility process, Consultant shall work closely with Agency staff to provide model base level of services agreements from other cities, assist in negotiations and participate in the process as requested, The Agency will form a PBID Task Force of appropriate department representatives to help coordinate the base level of services agreement, ordinance and other suggested Agency functions. Step 2: Identify Stakeholder Priorities 2,1 Stakeholder Focus Groups: Consultant shall conduct a series of 4 focus groups with selected downtown stakeholders, Each focus group will contain from 8 to 15 participants representing a particular stakeholder segment (i,e. retail, services, property owners, City officials, etc) within downtown, Focus groups should also be determined by geographic sub- districts. The focus groups will provide property owners with general information on palOs, identify priorities for specific PBID services and the J-.:l.S - '" willingness of stakeholders to pay something to receive new services. Other issues will be explored, Focus group segments and participants will be identified by the Project Steering Committee. It will be the responsibility of Steering Committee members, with local administrative support, to ensure that invited participants attend the focus groups, Following the focus groups, Consultant shall de-brief the Project Steering Committee and discuss preliminary findings and recommendations, Agency shall reserve the right to determine the composition of all stakeholder and focus group members, based on Consultant's recommendations, 2.2 Direct Mail Survey: To complement the focus groups and expand stakeholder participation, Consultant shall prepare and conduct through direct mail a survey of downtown property and business owners. 2,3 One-On-One Meetings: Consultant shall convene up to 20 one-on-one meetings with key property and business owners as needed as determined by Agency throughout Phase I of the PBID feasibility process, Step 3: Plan Options & Review 3,1 Draft PBID Plan Options: Based upon the stakeholder priorities identified in Step 2, draft PBID options shall be compiled. PBID options will include the following components: + District rationale and objectives; + Recommended district boundaries; + Service plan options with first year budget and five year projection; + Recommended assessment methodology; + Governance and service delivery structure; + Agency participation issues; + District rules and regulations; + Relation to existing districts and organizations, The preliminary paID Plan Options shall be forwarded to the Steering Committee for its review in advance of a subsequent site visit for Plan Review Workshops. 3,2 Plan Review Workshops: Consultant shall present the options and recommendations from the preliminary paID Options to downtown .a-,;¿~ - - stakeholders through a series of two open workshops, 3,3 Stakeholder Consensus: Following the plan review workshops, a consensus plan shall be developed with input from the Project Steering Committee, At this step, the feasibility for proceeding with the property owner petition drive is determined and shall be conveyed to the Agency, PHASE II: PBID FORMATION Step 4: PBID ManaQement Plan 4,1 Data Verification Process: To verify the data collected for the property owner database, Consultant shall prepare and conduct a direct mail campaign, For each property owner, a data summary sheet will be developed, The data sheet must then be mailed to each property owner allowing for protests on the validity of the data, Consultant shall work with the Agency to facilitate site inspections for property owners that choose to appeal, 4,2 Final Management Plan: Based upon the stakeholder review of the plan options, Consultant shall incorporate revisions and prepare a final Downtown Chula Vista paID Management Plan, 4,3 Engineer's Report: Recommended assessment options shall be certified by Consultant to test and support its utility in spreading benefits and providing overall fairness. Step 5: Petition Preparation 5,1 Database Refinement for Campaign: To prepare for the property owner petition drive, the database shall be refined by Consultant to prepare property data sheets profiling each property owner. Database parameters will be expanded to include percentage of influence on petition drive, support inclination and other information useful for the petition drive, 5,2 Petition/Public Hearing Preparation -- Communications Strategy: In concert with the Agency and the Steering Committee, Consultant shall prepare a communications strategy that identifies petition campaign and public relations strategies, marketing tactics, and roles and responsibilities for communicating the benefits of the proposed PBID, .s -~ï - '" 5,3 Campaign Training/Classify Support Inclinations: Consultant shall assist through training the Steering Committee, who will be charged with obtaining signatures, Sector captains will be appointed to oversee campaign activities within specific areas, The Committee will help Consultant and staff to classify inclinations of support or opposition from all property owners, Property owner classifications shall be added to the database, 5.4 PBID Newsletter: Consultant shall prepare a summary newsletter that communicates the parameters and benefits of the PBID. The newsletter will summarize the management plan and will be distributed with petitions, 5,5 Draft Petition/Agency Review: A draft petition for the PBID shall be prepared by Consultant and submitted to Agency for review, Consultant shall work with staff to keep the process on track, 5.6 Petition Packaging and Distribution: The actual petition package prepared by Consultant for property owners shall consist of several items, including a summary of the PBID Management Plan, petition, newsletter and property owner data sheet with estimated assessments. Consultant shall work with the Agency to ensure that these materials are assembled and prepared properly. Step 6: Campaian Manaaement 6.1 Campaign Management: Consultant shall work with the Agency to coordinate and manage a series of meetings with the Property Owner's Committee during the petition drive and Redevelopment Agency approval process, These meetings will include tracking support, making "sales" assignments for property owners, and developing strategies for approval of the PBID. 6,2 Draft Ordinance: Consultant shall provide assistance to the City Attorney with drafting the ordinance and legislative package required to form the PBID. Step 7: 218 Ballot Process 7.1 218 Ballots: Following the submission of petitions to the Redevelopment Agency, Consultant shall assist downtown stakeholders and the Agency to complete the required 218 ballot process, ~ -~i' - ,. Step 8: Redevelopment Aaency Hearinas/Presentations 8,1 Redevelopment Agency Approval: Upon the completion of a successful petition drive, Consultant shall be available to the Agency to participate in public hearings establishing the PBID, Projected Contract Deliverables Assumes a project start date of November 15, 2000. Target Date Activity/Product Completion January 1, 2001 Step 1 Completion, including initial site visit assessment, survey of comparable districts, creation of working database and initiation of base level of services agreement. February 1, 2001 Step 2 Completion, including focus groups, direct mail surveys and one-on-one meetings. March 1,2001 Step 3 Completion, including development of plan options, review by steering committee, plan review workshop and consensus to move forward, April 1,2001 Step 4 Completion, including database verification, final management plan and engineer's report documents, legal reView, April 1,2001 Step 5 Completion, including database refinement, communications strategy, preparation for petition campaign, PBID newsletter, draft petition and petition packaging, June 1, 2001 Step 6 Completion, including completion of petition campaign, drafting of PBID ordinance, submission of petitions to Agency, June/July 2001 Step 7 Completion, including distribution of218 ballots, July 2001 Step 8 Completion Redevelopment Agency Hearings August 15, 2001 Submission of assessments to County Assessor. ...g - ;.. , - ,. JOINT REDEVELOPMENT AGENCY / CITY COUNCIL AGENDA STATEMENT ITEM NO.: ~ MEETING DATE: 11 /14/00 ITEM TITLE: JOINT RESOLUTION AUTHORIZING A STOREFRONT RENOVATION PROGRAM AND APPROPRIATING $85,000 FOR THIS PURPOSE FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE TOWN CENTRE I PROJECT AREA FUND SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR c.5 ' REVIEWED BY: CITY MANAGER~ íV k~7 YES0NOD 4/STHS VOTE: BACKGROUND The City Council ond Redevelopment Agency Boord has long recognized that its central retoil ond dining areo on Third Avenue in Downtown Chula Vista is a symbol of the overoll community's economic health, quolity of life, pride and community history, As 0 key pedestrion gothering ploce and the historic core of the community, the Third Avenue district provides jobs, culturol enrichment ond sociol opportunities for 011 people of Chula Vista. A healthy historic core ond retail/dining district is widely known to protect property values ond enhonce community pride throughout the city. Revitalization of the downtown creates jobs, provides an enhanced destinotion for business and leisure guests and is a focused point from which to communicote about community troditions ond volues. Key to the vibrancy of downtown is the physical appearance of storefronts and signs. In order to enhonce the attractiveness of the existing building stock on Third Avenue, stoff requests City Council/Agency opproval of 0 Storefront Renovation Progrom ond an appropriotion of $85,000 to implement the program. The program will oddress comprehensive exterior building rehabilitotion in the core Third Avenue shopping district by providing financial incentives, design and technical assistonce to business ond property owners. RECOMMENDATION It is recommended thot City Council approve the Storefront Renovation Program and authorize the oppropriotion of $85,000 for this purpose. 4-1 - .. PAGE 2, ITEM NO.: MEETING DATE: 11/14/00 BOARDS/COMMISSIONS RECOMMENDATION The Storefront Renovation Program hos been endorsed by the Downtown Business Associotion at its September 5 meeting and by the Town Centre I Proiect Area Committee ot its September 13 meeting. DISCUSSION This progrom recommendation follows many years of increosing interest in the revitolizotion of downtown Chula Visto. Using the exomple set by cities ocross the United Stotes, stoff researched successful Storefrant Renovation Progroms ond established progrom methodology it believes will be successful in 0 target oreo within Town Centre I. The program includes two primary components: financial incentives through the form of grant rebotes and design ond technical ossistance. Financiol incentives: Matching grants up to $7,500 will be provided to local property and/or business owners in the target area on the following basis: . Full foçode rehabilitation: projects moy quolify for a 50-percent rebote with 0 moximum contribution of $7,500. . Sign packages for storefront complexes: projects moy qualify for a 3D-percent rebote, with 0 maximum contribution of $7,500. . Signs for individual storefronts: projects moy quolify for a 30-percent rebote, with a maximum contribution of $2,000. Design and technical assistance: . Storefront Renovotion Progrom Liaison assists applicants through the opplication and approval process, os well as project certificotion to receive rebate funds. . Design Consultont provides on site guidance to applicants to assure proiects meet City Council vision ond design goals of the TCPAC and Design Review Committee, The project is intended for use for comprehensive starefront revitalizations in existing structures housing retail, consumer services, entertoinment ond dining. Exempted projects include new construction, big box retoil/commercial, housing projects, and development projects receiving significont City support through other programs. Eligible improvements include: full façode renovations including londscoping, sidewolk cafes ond shode structures, awnings ond signs. Rebates are only paid after proof of project completion by the Building Department ond full poyment for the project by the property owner. Full complionce with all local, state ond federal codes ond lows is required. tt:/..).. - .. PAGE 3, ITEM NO.: MEETING DATE: 11/14/00 A target orea within the Town Centre I Redevelopment Area has been established to implement the program at its outset. This area (see Attachments) wos established os the area with the most concentrated number of existing storefront facades creating the most visible impact in downtown. It is believed that by limiting ond focusing effort within the target oreo, a domino-effect can be created whereby successive rehobilitations occur next to eoch other or within close visual proximity cousing 0 dramatic visual change noticed by both other businesses ond the general public. Appliconts will sign an ogreement with the City, formalizing ond communicating the terms upon which rebate grants will be provided (see Attachments). Staff recommends using General Funds, due to prevoiling woge requirements of Redevelopment Project Area funds. It is anticipated that if the program is successful, considerotion will be given to expanding it in chosen target areos throughout Chulo Vista. Staff intends to contract with an architectural firm from the metropoliton area to serve as Design Consultont for the project. An ad hoc committee has been established for the selection process. It consists of seven individuals including representatives of the Design Review Committee, Planning Department, Town Centre I project orea committee, Downtown Business Association ond Redevelopment Division. As a first step, the committee determined thot rother thon creating a pool of quolified designers, one architect with a diverse ronge of storefront design experience should be chosen os 0 means of communicating 0 consistent but diverse and creotive vision on Third Avenue. Then, letters requesting proposals were sent to known architects throughout the metropolitan oreo ond distributed bye-mail to the San Diego chapter of the Americon Institute of Architects ond the mailing list of the New School of Architecture. A quolified candidote will be selected if the program is authorized. A somewhot limiting factor is thot candidates will be ineligible for grant funded projects on their own private sector assignments in the torget areo ond because the contract is of a relatively low dollar amount. In the first yeor, the controct will be established at five hours per project. The Design Consultont (Consultont) and Storefront Renovation Program liaison (liaison) will hove an initial on site meeting to provide ideas and guidance to the opplicont. The Consultont will then review final drawings prior to submittal and suggest ony revisions. On projects requiring Design Review opproval, the orchitect will attend the Design Review Committee meeting ond, finally, the Consultant will be avoiloble to the liaison to answer questions and provide advice. Staff intends to evoluate the scope of orchitectural services being used for the program after the first year and to make ony revisions necessory prior to assigning a contract for the program's second year. A marketing pion has been creoted for this program. City Council support is being requested for that pion. Initiolly 0 brochure will be printed and distributed olong with 0 cover letter from the Moyor onnouncing the program. Additionally, on onnual reception will be held at which the Moyor ond City Council will recognize program participonts from the past yeor. Press releoses will also be generated. Stoff intends to commence this program in January, 2001. 4-.3 - ,. PAGE 4, ITEM NO.: MEETING DATE: 11/14/00 FISCAL IMPACT It is expected that this program will cost $85,000 in the first year and generate $150,000 - $200,000 in improvements. Disbursements will be as follows: $5,500 maximum to be spent in design consulting fees; $4,500 maximum to be spent for morketing, $75,000 to be provided as rebates following the completion of projects. Funds for this program ore available from the unopproprioted fund balance of the General Fund. AnACHMENTS 1. Mop of Torget Areo 2. Endorsement letter from DBA 3, Minutes of TCPAC endorsement 4. Flow chort of application process 5. Sample Storefront Renovation Program ogreement 6, Project Summary form 7, Request for Rebate form H,\HOME\COMMDEV\STAFF,REP\ 11-14-00\Storefront.doc ~- 1 . .. AGENCY RESOLUTION NO, AND COUNCIL RESOLUTION NO. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING A STOREFRONT RENOVATION PROGRAM AND APPROPRIATING $85,000 FOR THIS PURPOSE FROM THE UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND TO THE TOWN CENTRE I PROJECT AREA FUND WHEREAS, the central retail and dining area on Third Avenue, known as Downtown Chula Vista, is a central pedestrian gathering place, the historic core of the city and a symbol of the overall community's economic health, quality of life, pride and community history; and WHEREAS, a vibrant historic core and retail/dining district protects property values, creates and retains jobs, provides a destination for business and consumer guests and serves as a means of communicating community traditions and values; and WHEREAS, key to the vibrancy of downtown is the physical appearance of storefronts and signage; and WHEREAS, other jurisdictions locally and nationally have been successful in revitalizing older retail districts with storefront renovation matching grant programs, NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista do hereby authorize on the terms presented a Storefront Renovation Program to be implemented within a target area within the Town Centre I Project Area consisting of matching grant rebates to property or business owners for comprehensive façade renovations or signage projects. BE IT FURTHER RESOLVED that staff be authorized and directed to develop all appropriate and necessary implementing guidelines and contracts for the Storefront Renovation Program in final forms approved by the City Attorney, BE IT FURTHER RESOLED that the City Council appropriates $85,000 from the unappropriated fund balance of the City's general fund to the Town Centre I project area fund to finance the Storefront Renovation Program, Presented by Approved as to form by Chris Salomone Director of Community Development H:IHOMEICOMMDEVIRESOSIRESO - SRP.doc 4-.s- - ,. en .. 0 -& CD ::r 0 ~ .. r'\ e~l~ jiò I\'" ._" -.., -- -- -. ATTACHMENT 2 9/5/00 City of Chula Vista Community Development Patricia Baird 276 Fourth Ave. 360 Third Avenue Chula Vista Ca. 91910 Chula Vista, CA 91910 Dear Patricia; (619) 422-1982 FAX This is a follow up to the vote that was taken at the Downtown Associations (619) 422-1452 meeting on 9/5/00 regarding the facade program that you presented. The Board of Directors approved the program as presented unanimously. The association feels that this is a needed factor in the continued growth for Down- 2000 Officers & Directors town. President The best of luck and if the Association can be of any assistance as you already David Rossi aware, just let us know. Vice President Linda Rosas i :erelY~ Secretary J ck Blakely Keith Hooper Executive Director Treasurer Jim Fergus Past President Eddie Chapman Janet Carranza Dee Lerma Lisa Moctezuma Stella Sutton Betty Thompson Kathleen Williams David McClurg 4- 7 - - ATTACHMENT 3 MINUTES TOWN CENTRE PROJECT AREA COMMITTEE CITY OF CHULA VISTA Wednesday, September 13,2000 Conference Room #1 B:15A,M, Public Services Building, City Hall 1, ROLL CALL Present: Chairperson Vignapiano, Vice Chair Money, Members Fergus, Madsen, and Navarro Absent: Member Ruch Also Present: Byron Estes, Pat Beard, Xavier Del Valle, Rich Powers, Christianne DeMarco 2. APPROVAL OF MINUTES from August 9,2000 3, REDEVELOPMENT BUSINESS: . Storefront Renovation ProQram: This item was presented by Pat Beard and a discussion followed, Approved (5-0-0), . Land Use Matrix: Byron Estes led a discussion on this item. Approved (4-0-1), . Directional SiQnaQe Update: Xavier Del Valle gave an update on the signage program, He does not have all the quotes yet and expects to have a presentation at the next meeting in October. 4, PARKING ISSUES: . Parkinq Lot SiQnaQe: Xavier Del Valle updated this project. The signs are not quite ready to be installed. This discussion will continue at next meeting, . Graffiti: Christianne DeMarco and Members discussed the problems with graffiti in the City, Prevention and suggestions on cleaning were discussed, 5. CHAIRMAN'S COMMENTS: The next meeting will be held on Monday, October 9 instead of the regular Wednesday in October. A follow up on Member Ruch's absences was suggested, 6, MEMBERS' COMMENTS: The problem of abandoned shopping carts in the area was discussed, Possible solutions were discussed, 7, STAFF COMMENTS: Byron Estes informed the Committee that interviews for the PBID consultant would take place in October. The final draft of the Downtown Recruitment Strategy will be distributed to the Committee, The development preliminary draft plans for the Bayfront have been submitted by Lennar, 8. PUBLIC COMMENTS: None ADJOURNMENT at 9:00 a,m. to the next scheduled meeting on Monday, October 9, 2000 at 8:00 a,m, in Conference Room 2, H:\HOMEICOMMDEVlTCPACIO9-13-00 MIN.DOC 4-~ . '" ADDENDUM TO MINUTES TOWN CENTRE PROJECT AREA COMMITTEE CITY OF CHULA VISTA Wednesday, September 13,2000 Conference Room #1 8:15 AM, Public Services Building, City Hall ADJOURNMENT at g:OO a,m. to the special date meeting on Tuesday, October 24, 2000 at 8:00 a,m, in the Housing Conference Room, Legislative Office Building, H:IHOMEICOMMDEVlTCPACIO9-13-00 ADDENOUM TO MIN,DOC 4-9 - '" ATTACHMENT 4 ~g>,~() -g,~~~ §. [ ë: 8. õ' '" ~ '" :J n :J ^' ......¡r~." *' g- ~,6"- ~ it ~ ~. .g o..g ~~ o.~ s.~~~ = c §OJ¡ :$, "0 -< "0 ""'0 -< "0 :J c: c ~8~6"-ii'8ii' c-~ (I) ~ r 0 Q.;¡'Q.¡;;'§;¡'§ ë (I) ~!!t ... ~ :J a c:... ~ "'0 o~~~ ~.Qcc 3 " Q. :õ8.õ c- n Q. n.. III ~ ~ g.~~ :¡' g ii ~ ... . g- !!t 9. c- ~ =t n 0 ~ '" C-:J m (I) 8.~.; cõ' S. .D cõ'!!!. ~6' 5 0 :J (I) c: :J cc "'¡õ~r C- :J Z ffi. ~ ~ c-oo~'" cc ... :J m:J 8 c ; :J ~ -, :J "0 ~ ~ ~ cg~~~ lit "0 CD n =+ Q ... ~ ~.;gQ. Z Q ~~c-§ 0 õ" ...... ",= ffi, c- ~ > -. cc '" = c- cccg:J~ ffi, ~ 5 iA cg :; ... CD ë - :$, =+: 0 (I) ~ Z > ""> "'> ,. ~ U1"O ^"'O "" C. "0""'0 ~ ~.Q 8'6"-ii' 0 .Q ~ ;¡. ~' ~ -'" §., õ :J Õ " 9-~' ~ õ ~ i (I) (I) C (I) R-~ ()~ C -. ~ 0 c: = ~ õ' 3 CD ~ c: C-"O "" n 5'-a-ro=(I) ~ 0 (I) "',~ ~ ~ ~ CQ 0 c... ~. ¡;¡':J ¡;;'~... '" _C-s.~8'8 " ~ "0 :J ii' 3 "0 C (I) (I) "0 (I) .. ~~ :¡. ~~ ro'8 ~ * -- õ~ ~ ~, .g:J'8 5'- "0 9. "0 '" - -, (I) ^' i'ï n ~ ." C (I) r- :J c- -, ~ C a ~ ¡;;' (I) 0 :J - .. ATTACHMENT 5 Please print neatly in ink or type CITY OF CHULA VISTA STOREFRONT RENOV A nON PROGRAM REBATE FUNDING POOL AGREEMENT THIS AGREEMENT, is made and entered into the _th day of 20- by and between the City ofChula Vista Department of Community Development herein referred to as the "City", and (applicant for property improvement costs rebate (the "Applicant")), pursuant to Resolution No. ---' adopted XXXXX XX, 2000. WITNESSETH: WHEREAS, the City intends to eliminate blight in the predominately urbanized area on and near Third A venue in the Town Centre I Redevelopment Area by providing an incentive for the rehabilitation and improvement of storefronts and signage in a target neighborhood area; and WHEREAS, the City has initiated and conducts a rebate program as an incentive for business owners to conduct comprehensive exterior commercial improvements and to create lively and creative signage on rehabilitated storefronts; and WHEREAS, in the designated target redevelopment area, the Applicant intends to renovate the exterior/signage of the commercial building known as: (name of project) located at and; WHEREAS, the Applicant has placed on file with the City a detailed description of the proposed renovation, together with cost estimates signed by the proposed contractor(s); and WHEREAS, these proposed renovations have been deemed reasonable and approved on , 20- by the Department of Community Development and/or Design Review Committee as required in this agreement; NOW, THEREFORE, in consideration of the mutual promises, the City and the Applicant agree to the following rebate terms: 1. Exterior Rehabilitation Rebate for Buildings Comprised of Storefronts (as well as incidental landscaping on the surrounding site) 4-11 - .. Please print neatly in ink or type 50% of qualified expenditures, with the rebate not to exceed $7,500 per project. 2. Exterior Signage Program (multiple sign) Rebate for Projects comprised of multiple storeITonts in one Building 30% of qualified expenditures, with the rebate not to exceed $7,500 per project. 3. Exterior Signage Rebate for Single StoreITont Projects 30% of qualified expenditures, with the rebate not to exceed $1,000 per project. 4. Exterior Landscaping Program for Buildings or Parking Lots 30% of qualified expenditures, with the rebate not to exceed $1,000 per project. ELIGIBLE COSTS FOR REBATE TERMS: A, Eligible Costs for Building and/or Surrounding Site Projects: . Professional design fees . Exterior structural renovation costs . A survey of existing conditions . Emergency repairs discovered and required from survey of existing conditions . Non-abrasive methods of cleaning building surfaces . Surface treatments and paint . Lighting . Installation, repair or renovation of windows and/or doors . Installation of awnings . Landscaping . Installation of planter beds and/or boxes . Installation of shade structures . Installation of sidewalk cafes B. Eligible Costs for Signage Projects: . Professional design fees . Construction and installation of signage (including awnings that serve as signs) . Removal of old signage 4-12- - '" Please print neatly in ink or type ADDITIONAL CONDITIONS Project Completion Date: The rehabilitation/renovation work associated with this Agreement shall be completed one year from the signing of this Agreement. Up to a one year extension may be granted by the City/Agency for good cause, To apply for an extension, the Applicant must request it in writing to the Storefront Renovation Program Liaison. The project will be deemed complete upon approval of the Building Official and Storefront Renovation Program Liaison. Maintenance of Property: The project reflected in this agreement shall be maintained in an unaltered, safe, clean and first-class condition for a period of three years after the Agreement rebate is received. Applicant initial here City initial here Compliance with All City Laws and Permits: The Applicant shall comply with all applicable laws of the Federal, State and City governments and all other laws, regulations and administrative rulings in connected with the work to be performed pursuant to this Agreement. and shall be responsible for securing, or having the contractor secure, unless exempt by law or contract, any and all licenses, permits, approvals, consents and certificates of inspection required by law or by this Agreement. Conflicts ofInterest: No member, official or employee of the Agency or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any member, official or employee participate in any decision relating to this Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. Non-liability of Official and Employees of the City/Agency: No member, official or employee of the Agency or City shall be personally liable to the Applicant, or any successors in interest, in the event of default or breach by the Agency/City or for any Default, or any amount which may become due to the Applicant or any successors, or on any other obligations under the terms of this Agreement. Defaults - General: Subject to the permitted extensions of time allowed by the City/Agency, failure or delay by the Applicant to perform any term or provision of the Project subject to this Agreement constitutes a default of this Agreement. The Applicant who so fails or delays must immediately commence to cure, correct, or remedy such failure or delay, and shall complete such cure, correction or remedy with diligence. Failure of the Applicant to correct such default or to complete the project shall result in the termination of the agreement without payment of any rebate. 4-/3 - '" Please print neatly in ink or type Applicant initial here City initial here Applicable Law: The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Insurance Requirements: The Applicant shall maintain the following coverages on behalf of the City and Agency and any and all of their boards, officials, employees and agents for all claims, damages to property and injuries to persons, including death (including attorney's fees and litigation costs), which may be caused by any of the Applicant's activities under this Agreement or related in any respect whatsoever regardless of whether such activities or perfonnance thereof be by the Applicant or anyone directly or indirectly employed or contracted with by the Applicant and regardless of whether such damage shall accrue or be discovered before or after tennination of this Agreement. Applicant further covenants to evidence to the Agency Executive Director that it has obtained and maintains all risk property coverage for the full replacement value of the improvements, so that the entire site and project are covered by insurance providing full property coverage, Such insurance programs shall also include earthquake and flood coverage acceptable to the Agency/City, Evidence of such insurance shall be provided to the Storefront Renovation Program Liaison prior to the signing of this Agreement and prior to the commencement of work. Non-discrimination During Construction: The Applicant agrees that in the construction of the project provided for in this Agreement, the Applicant shall not discriminate against any employee or applicant for employment because of race, creed, religion, age, gender, marital status, physical or mental disability or medical condition, national origin or ancestry. Blight Elimination Purposes: The Storefront Renovation Program is designed to help mitigate the following blighting conditions in a target portion of the Town Centre I Redevelopment Area: I. The under-utilization and mixed character ofland in the target area; 2. The prevalence of small lots which are inadequate for large scale development and restrict the expansion of existing compatible land uses; 3. The design limitations in the basic layout and platting, the clutter of the utility lines and signs and an inadequate traffic circulation system; 4. The obsolescence, structure inadequacy, lack of architectural unity and deterioration of buildings within the area; 5. The general decline and shifting nature of commercial activity within the area, and; 6. The inadequate government revenue generation (property and sales tax) and an increasing need for public services within the area. 4-1c.f - ,. Please print neatly in ink or type Hold Harmless: Applicant agrees to indemnify and hold the City ofChula Vista and Redevelopment Agency of the City ofChula Vista harmless from any and all present or future loss, damage or liability arising or resulting from failure to perform, or by any work performed by the construction contractor(s) pursuant to this Agreement. (Acknowledged by Applicant as initialed and dated) Initials/date Requirements for Reimbursement: Prior to beginning work: Submit a complete application (see Storefront Renovation Program Liaison) Receive Design approval from the City of Chula Vista Supply itemized quotes for all work Provide insurance certificate Sign an Agreement Obtain all necessary permits and licenses During work: Contact Storefront Renovation Program Liaison should changes be needed At project completion: Request final inspection from Building Official and Storefront Renovation Program Liaison Submit lien release from contractor(s) Submit copies of all permits, certificates and licenses Submit copy of Completion Notice published Sign Unconditional Lien Release Submit Request for Rebate Disbursement Payment will be made 35 davs after the above items are received and approved by the CommunitY Development Director. (Applicant initial here) Amendments: The City reserves the right to make reasonable amendments to the terms of this Agreement, when the City deems such amendment is necessary due to changes in federal or local regulations. 4-1~ - .. Please print neatly in ink or type IN WITNESS WHEREOF, the parties have signed this Agreement on the date and year first written above. (Applicant and Title) (Community Development Director) (Name of Applicant/Company) Chula Vista CA mailing address zip code telephone number Social Security or Federal ID number (witness signature) (witness name and title, printed) 4-1(, - '" ATTACHMENT 6 City of Chula Vista Storefront Renovation Proflram Date of ReDuest: Project Address: Redevelonment Area: - Doors (circle one) (check as many as apply) - Repair existing - Replace Yes No DEMOLITION - Detailing - entire structure pictured _other _Foundation specify: - Repaint - Repair with original material Yes No EXTERIOR WORK - Replace with different Roof material Alter Roofline _Re-Roof,Material:- _Addition - Re-build, remove or add - Front features - Rear - Flashing, gutters, Side downspouts - Rooftop - Remove detailing - Architectural detail, specify Exterior Wall - Landscaping, specify - Repair with original material - Replace with different - Signage material - Wall or Marquee - Paint - Projecting _Awning Porch Window - Alter size, location - Lighting Roof Floor - Lighting - Railings/posts Stairs - Shade structure - Detailing - Sidewalk café w/a alcohol Windows - Repair existing - Sidewalk café with alcohol - Replace - Remove - patch wall - Detailing Please note: sign projects are only considered Attach photos (2 sets) of existing condition here for rebate on fully renovated buildings, as part of - all publicly viewed facades, For signs, attach a comprehensive renovation project, or as part of photos of affected facades, 8 x 10" a focussed sign package, Signs on buildings with multiple storefronts must be part of a Attach here I 0 sets of project specifications comprehensive sign plan for the entire structure, Provide with this project sheet one material Questions: Contact City of Chula Vista board, per Town Centre I procedures, Storefront Renovation Program Liaison 619-691-5047 4-/7 ATTACHMENT 7 Project Name: City of Chula Vista Storefront Renovation Program REOUEST FOR REBATE DISBURSEMENT Rebate Request For: Applicant's Name as it should appear on rebate check: Mailing Address: Project Address (if different): Chula Vista, California Total Project Cost that Rebate is being based on: $ Total Rebate Amount Requested: $ Redevelopment Area: Two "after" photos, sized 8 X 10 inches are enclosed, Project Rebate Request Approval: /(date)- /(date)- Applicant is satisfied with completed SRP Liaison is satisfied the program policies Project. And procedures have been met. /(date)- /(date)- Owner, if applicable, is satisfied with Building Official approves submission of Completed project. Rebate request. City ofChula Vista Use Only: The approved rebate amount is: $ If amount is adjusted ITOm original request, check reason below: - Missing cancelled check(s) - Missing contractor invoice(s). - Payment made to contractor prior to project approval. - Other: Final rebate disbursement is authorized by: , Community DeveJopment Director. Date- 4-I<{ - '" ~ ~ ~ ~~ ~ .... == ~ ~~ >=0 ~ ~ == ~ ~ =- ~ = ~ ..... :::-. = ~ -< == .... ~~ ~ = ~ ~ ~ Storefront Program The purpose of the program is to. . . :) Revitalize downtown :) Increase property values; lease rates :) Increase business & leisure visits :) Expand investment opportunities llkHth'hyJ- GE ITALIAN VILLA EST.llil73 -- ,'t:; ~ ~-----" -:;:::::--- .\' ~ --"'~ ~ DO Iii \\::\ ~ ~~~~ ~ ca c ~ ,('1 ~~ ::.,\~, \'0\\, CD ~ \3;::: __ \1' ~ ~\\\' \.. << Q; hI ~'\"'~~~~ ~~ ~ <1l \ '6"- ~;lY\ 'f ~ ,\::: ,d;1~ ~~' ~ ~ o Co . ~\':';'-\ IJ>., ~ ~ (i3 - ~~\~~~ ~~ - ~ .f'! ~ ~..-f\\.\. \\-- <'i ,t6.' a. ~~l % 1l. """ ~ ~~ 'y: ~(\\~~~ I ~;~ lIP ....... ~1-2 ~~ ~ ,~~ CD ~ ~, I'-J'lc II(-' 'J< ~ \~, " ~ I-: ~ ,1..-<(\\\ ""'w ~ -"i ,il\W ~ "Is, ="" ~ ~ ~,\ -mJ,o- '@ \~ no , \!f" '1;\ o ~ .I~ ..::;:: ~ ~b ~ \~'\".", ""C ~ '-' "" 0 ~ Ir:~ coO ;:.rtl);?,:'f ~\ ~ ~ ~ ~,'(-l"\~ H H~'\O'i? ~"'" \~ ""\:B ~ t\h~ OJ ~ ""'\~ I~",~~ ~k::\'Il:\~ 2\~~ ~ 'i~.1\-+:\- 1'r:5; n'~ ~r~ :ill w, ~ \=:, U..-j \:l" ";;0 -4' .-r-::>\ ~\ >-' ).\:;:::\'Pt~~, g;l~ ~," \'IW\:r;\~~;::::IJ~;\ k, coy :;;'/ ,,::; \'g::)~'y mx::\~){J ~o/ 1'1' t1. 'YV~\}Y, \ Storefront Program Tools 1) Financial Assistance 2) Technical Assistance 3) Design Assistance Financial assistance ~Matching grant rebates ~$7,500 maximum grant on storefronts or sign program for multiple storefronts ~$2,OOO maximum grant on single storefront signage ~Paid after project completion :) Project review & approval :) Rebate agreement :) Documentation :) Project inspection :) Payment of grant Technical assistance Design assistance :) Create vision :) Facilitate approvals :) Improve appeal :) Enhance sales Eligible Projects :) Full facade renovations & landscaping :) Sidewalk cafes :) Awnings :) Signs Storefront Renovation Process Step 1 ./ Contact City liaison ./ City liaison reviews request ./ Site visit by liaison & design consultant ./ Fill out application Step 2 ./ Complete design and specs ./ City design consultant provides input ./ Applicant obtains quotes ./ Date set for design or staff review Storefront Renovation Process Step 3 ../ Complete agreement Step 4 ../ Complete project ../ City staff inspects the site for compliance Step 5 ../ Applicant files paperwork with City liaison ../ City liaison assures filing is complete ../ Applicant files Notice in the newspaper ../ 35-day waiting period begins ../ Check is authorized & issued to applicant Storefront Program PAC and DBA recommendations... On September 5, 2000 the DBA voted to support the Storefront Renovation Program. On September 13, 2000 the Town Centre I PAC voted to support the Storefront Renovation Program. Recommendation Staff recommends that the City Council and Redevelopment Agency approve the Storefront Renovation Program and appropriate funds to implement the program. § {~ Community Development Department I N FO n.. . IT I 0 N ... City Of Chula Vista ftJIW.... - - 276 Fourth Avenue ~ ChulaVista,Ca91910 CHULAVIC"TA 619.691.5047-619.476.5310 Fax MEMO ,:)11"\. cvcomdeV@CLchula-vlsta.ca.us TO: The Honorable Mayor and Councilmembers VIA: David D. RoWlandÆy Manager L~' FROM: Chris Salomone, Community Development Director DATE: November 14, 2000 RE: REDEVELOPMENT AGENCY ITEM #6 At their meeting today, the Port voted unanimously to extend the timeframe for Lennar for 90 days from January 1, 2001. City staff supported this recommendation. THE OPPORTUNITY COSTS OF CONSTRAINED AIR TRANSPORTATION IN THE SAN DIEGO REGION Airport Economic Analysis Fall 2000 EconamicAn<llysisofAirTransporta~on THE CENTRAL QUESTION What will be the "opportunity cost" to the San Diego regional economy and residents if future demand for air transportation services is not met? Economic Analysis of Air Transportation JOINT AIRPORT ADVISORY COMMITTEE (JAAC) . SANDAG and Port of San Diego . Focus on regional needs for air transportation service . Not about specific airports . 2030 and 2000-2030 analysis . Basis for policy direction Economic Analysis of Air Transporta~'on 1 ECONOMIC ANALYSIS . Prepared by Hamilton, Rabinovitz & Alschuler, Inc. (HR&A) . Presented to JAAC and Joint SANDAG/Porl Boards 9/21-22 . Now in public review Economic Analysis of Air Transportation ROLE OF AIR TRANSPORTATION IN A REGIONAL ECONOMY . Produces jobs, tax revenues, spending . Supports competitive position in national and world economies . Contributes to broadly based prosperity Economic Analysis of Air Transportation ANALYSIS TASKS . Model the regional economy to 2030 . Forecast unconstrained demand . Establish the connection between the economy, air passenger and air cargo volumes EconofTllcAnalysisofAirTransportation 2 ANALYSIS TASKS . Calculate the difference between meeting all the demand and meeting only part ofthe demand Economic Analysis of Air Transportalion THE SAN DIEGO REGIONAL ECONOMY IN 2030 2000 2030 Employment 1,638,600 2,162,100 Gross Regional $94.7 B $166.5 B Product (GRP) Population 2,907,500 4,200,100 Economic Analysis of Air T ranspOrfation UNCONSTRAINED DEMAND, 2000 - 2030 40M 35.5 Million 3 UNCONSTRAINED DEMAND, 2000 - 2030 300 TOTAL ECONOMIC IMPACT OF AIR TRANSPORTATION Direct Impacts = TOTAL I ECONOMIC IMPACTS I Induced Impacts + Aif1'OltOperations VilitorSpendlng Air Cergo Company Ope....tion. Air Ellport S.les Ooodl&Servic:e. $UpplledlO: "irportBl/llne"el V1llforlndultry AlrElportsMfll. GtossReglona' Product Employment Personallnco""" Othe,Measu",. Spendinllby: AirporlWorkers V;lltorllllhuUy Worbrs AI. Exports Wo.~ EconorrJc Analysis otkr Transpottation THE CONSTRAINED CAPACITY SCENARIOS Capacity Annual Air Annual Annual Air Scenario Operations Passengers Cargo millions to.. Existing 275,000 18.7-25.6 110,000. Facilities 140,000 Umlted 282,000 18.7-26.3 220,000- Exp.am.lon 240,000 Major 335,000- 24.4-27.9 300,000_ Expansion 337,000 325,000 Unconstl1lined Demand 373,160 35.5 541,000 EconomicAnalysis of Air Transpcrtation 4 ESTIMATING "OPPORTUNITY COSTS" o ~ _u h .!!< g~ ~~ ~. .0 ~~ ';: W~ .-' ,00 ~~O ",.<' ~QO ~'(i\'f'oe 0"- >1>..0 Economic Analysis of Air Transportation ESTIMATING "OPPORTUNITY COSTS" Economic Analysis of Air Transportation ESTIMATING "OPPORTUNITY COSTS" ,,'3~\. ~ote ~ ",.<' ~Qo "..0 \'('3'\ co~f> >1><' EconomicAnalysisofAirTransporla~on 5 WHAT ARE THE OPPORTUNITY COSTS? In the Year 2030 (1997 Dollars) Gross Regional Product 4- $4.6 billion to $8.0 billion Employment {i 34,000 to 56,000 jobs Population .f~ 38,000 to 81,000 Households 4< 15,000 to 32.000 Total Personal Income lj. $1.4 billion to $2.5 billion Local Tax Revenues {\ $51.5 million to $67.9 million Economic Analysis of Ajr Tramipoftation WHAT ARE THE OPPORTUNITY COSTS? Cumulative Impact, 2000 - 2030 (1997 Dollars) Gross Regional Product $29.6 billion to $93.8 billion Total Personal Income + $8.9 billion to $29.2 billion ECOIlomicAn~s of/ljrTransportation GROSS REGIONAL PRODUCT OPPORTUNITY COST, IN 2030 $98 Economic Analysis of Air Tronspoftalion 6 REGIONAL EMPLOYMENT OPPORTUNITY COST, IN 2030 Economic Analysis of Air Transporfab.on IMPACTS OF AIR CARGO AND PASSENGERS ON OPPORTUNITY COSTS $9B Ii Cargo-Related Ii! Passenger-Related $5B $lB Economic Analysis of Air Transporlation IMPACTS OF AIR CARGO AND PASSENGERS ON OPPORTUNITY COSTS 60K II Cargo-Related III Passenger-Related 30K 10K Economic Analysis of Air Transportation 7 RELATIONSHIP BETWEEN CARGO AND PASSENGER ACTIVITY . All-cargo flights will caroy about half the total air cargo tonnage . The remainder will be carried in the belly of passenger aircraft Economic Analysis of Air T ransportaticn AIR CARGO-RELATED JOBS AND REGIONAL PROSPERITY . Primary air exports include electrical equipment, machinery and instruments . These are some of the region's high-tech Prosperity Strategy industries . Contribute to the region's "economic base" . Above~average wages: $46K-$52K VS. $23K (today) $60K-$69K VS. $30K (in 2030) Economic Analysis of Air Transportation INTERVIEWS WITH 18 SAN DIEGO REGION BUSINESSES Sio-tech & Pharmaceuticals Communications Computer & Electronics Mfg. Defense & Transport. Mfg. Software & Computer Services Energy Mfg. & Services Eoonomic Analysis of Air Transportation 8 THEMES FROM INTERVIEWS . All Make Extensive Use of Air Transportation Over 100,000 trips/year Travel expenditures> $90 million/year Higher than average air travel/employee Extensive use of overnight express Video conferencing/teleconferencing do not replace much air travel Projected growth implies rising demand Economic Analysis of Air T ronsportation CONCLUSION . The region's economy is becoming more dependent on its visitor and high-tech industries . These industries depend heavily on efficient air transportation . Air cargo limitations (including "belly cargo") impose particularly large opportunity costs Economic Analysis of Air T",nsporta/;on CONCLUSION . The quantifiable costs of not meeting future demand for air transportation service in the region include: . $4.6 - $8.0 billion GRP in 2030 . $29.6 - $93.8 billion GRP, cumulative (2000-2030) . 34,000.56,000 jobs in 2030 . 38,000 - 81 ,000 residents In 2030 . $52 - $68 million tn tax revenues in 2030 Economic Analysis of Air Transportation 9 NEXT STEPS . JAAC and Joint SANDAG-Port Board meetings . Summarize and respond to public comments on Draft Report . Direction on developing a regional air transportation strategy EconofTJJC Analysis of Air Transporta~'on CONTACT US . San Diego Association of Governments . (619) 595-5300 . www.sandag.org . Port of San Diego . (619) 686-6388 . www.portofsandiego.org Economic Analysis of Air Transportation 10