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HomeMy WebLinkAboutRDA Packet 1998/12/15 Tuesday, December 15, 1998 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Couocil meeting) Joint Meetin~ of the Redevelooment A~encv / Citv Council of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Davis -, Moot -, Padilla -, Salas -, aDd Chair/Mayor Horton - CONSENT ITEMS ( Item 2 through 4 ) (Will be voted on immediately following the Council Consent Calendar dnring the City Councit meeting) The slilff recommendations regarding the following item listed under the Consent Calendar wat be enacted by the Agency by one motion without discussion unless an Agency member, a member of the public or City staffrequests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonn" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first items of business. 2. APPROVAL OF MINUTES: August 4, 1998; November 10, 1998; November 17, 1998 3. AGENCY APPROVING THE FIRST AMENDMENT TO, AND AUTHORIZING RESOLUTION 1612 RENEWAL OF, THE AGREEMENT BETWEEN THE WILSON GROUP COUNCIL AND THE CITY/AGENCY FOR THE 1998-2000 LEGISLATIVE SESSION, RESOLUTION 19322 AND AUTHORIZING THE MAYOR/CHAIR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA/REDEVELOPMENT AGENCY--On 12/31/98, the current agreement with the Wilson Group expires. The agreement provides for three two-year extensions to coincide with the state legislative sessions, and the Wilson Group has requested that the existing agreement be extended. The Wilson Group has fulfilled its contractual obligations to date and has met staff expectations. Staff recommends approval of the resolutions. (Legislative Committee; City Manager) 4. AGENCY APPROVING TWO SEPARATE THREE PARTY AGREEMENTS RESOLUTION 1613 BETWEEN THE AGENCY AND TUCHSCHER DEVELOPMENT COUNCIL ENTERPRISES WITH LATITUDE 33 TO PROVIDE ENGINEERING AND RESOLUTION 19323 PLANNING SERVICES, AND COTTON-BELAND TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES IN PROCESSING A DEVELOPMENT PROJECT FOR THE MIDBA YFRONT--On 11/17/98, the Agency/Council approved a Project Staffing/Consultant Processing Agreement with Tuchscher Development Enterprises for the purpose of providing the Developer with consultant services and staffing to process the development proposal for the Midbayfront area. The subject agreements would retain the necessary consultants for that processing. Reimbursement for consultant costs would be provided in accordance with the terms of the Processing Agreement. Staff recommends approval of the resolution. (Community Development Director) Agenda -2- December 15, 1998 ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and slilff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" fonn available in the lobby and submit it to the Secretary to the Redevelopment Agency or the City Clerk prior to the meeting. 5. AGENCY AMENDING THE FY 1998-99 COMMUNITY DEVELOPMENT RESOLUTION 1614 DEPARTMENT BUDGET TO ADD STAFF AND RELATED COUNCIL COMPUTERS, OFFICE EQUIPMENT, AND RESOURCES, RESOLUTION 19324 AND AMENDING THE FY 1998-99 REDEVELOPMENT AGENCY, CDBG AND HOME PROGRAM BUDGETS TO REIMBURSE THE GENERAL FUND FOR THESE COSTS--Due to an increased workload in the Community Development Department, the City Manager directed staff to evaluate their personnel and resource needs. The Department is recommending improvements in the areas of personnel, computers and office equipment, training and professional development, office furniture and other related resources. Staff recommends approval of the resolutions. (Community Development Director) ITEMS Pill,LED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Fonn" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. OTHER BUSINESS 6. DIRECTOR/CITY MANAGER'S REPORTlS) 7. CHAIR/MAYOR'S REPORTlS) 8. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on January 5, 1999 at 4:00 p.m., immediately following the City Council meeting, in the City Council Chambers. - .. MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, August 4, 1998 Council Chambers 6: 10 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members: Moot, Padilla, Rindone, Salas, and Chair/Mayor Horton ... ABSENT: Agency Members: None ALSO PRESENT: Executive Director, David D. Rowlands; Legal Counsel, John M. Kaheny; City Clerk, Beverly A. Authelet; Deputy City Clerk, Charline Long CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY CHAIR/MAYOR HORTON, heading read, text waived, passed and approved unanimously 5-0. 2. RESOLUTION 1594: APPROVING OWNER/TENANT PARTICIPATION AGREEMENT WITH MR. JOHN C. MaBEE AND CSK AUTO, INC. FOR THE DEVELOPMENT OF A COMMERCIAL BUILDING AT 1396 THIRD AVENUE LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA--CSK Auto, Inc., doing business as Kragen Auto Parts, is proposing to construct a 7,000 sq. ft. commercial building at 1396 Third Avenue within the boundaries of the Southwest Redevelopment Project Area. The building will be used as an auto parts and accessories store. The project includes the removal of an existing building and the construction of a trash enclosure and landscape areas. Staff recommends approval of the resolution. (Community Development Director) * * * END OF CONSENT CALENDAR * * * ORAL COMMUNICATIONS There were none. ACTION ITEMS 3. COUNCIL RESOLUTION 19120 AND AGENCY RESOLUTION 1595 APPROVING THE DOWNTOWN HOLIDAY LIGHTING PROGRAM CONCEPT AND DIRECTING STAFF TO DEVELOP A DETAILED PROJECT IMPLEMENTATION PLAN AND AN AMENDMENT TO THE TOWN CENTRE I FINE ARTS POLICY TO INCLUDE THE DOWNTOWN HOLIDAY LIGHTING PROGRAM--Oue to the discontinuation of holiday lights and displays on Candy Cane Lane, Council directed staff to look at other possibilities to continue the holiday lighting tradition on Third Avenue in the Oowntown area. A task force was formed and a holiday lighting program was approved by consensus of the task force. Per staffs recommendation, the resolution was approved 4-0-0-1 (Rindone abstained) (Community Development Director) 01-1 RDA Minutes August 4, 1998 Page 2 Humber Rindone commented that he would be abstaining as he lives in the neighborhood. This resolution needs to be decided based on its merits and not the fact that a volunteer program by residents for forty-one years has stopped. To create a festive holiday activity in the community is a very positive thing, and it is in this spirit that the Council should use these resources. Pam Buchan, Principal Community Development Specialist, indicated they were proposing three recommendations, as outlined in the staff report, and one additional. The first recommendation includes: a) Public decorative lighting displays in the downtown area along Third Avenue, the E Street entry, Memorial Park, and public parking lots; b) The Downtown Business Association would participate by lighting and decorating downtown commercial buildings; c) A Santa's workshop in Memorial Park with community organizations developing a series of holiday activities in Memorial Bowl. The second recommendation would direct staff to provide a detailed implementation plan specifying lighting displays, costs, and scheduling. The third recommendation would be to amend the Town Centre Fine Arts policy to include the downtown holiday lighting program. Then additionally, due to time constraints, expend $30,000 from the Town Centre I budget to upgrade the electrical circuit on the Third Avenue street lamps. These funds would be reimbursed from the Fine Arts fund after we amend the Fine Arts policy. This additional recommendation needs to be included in the resolution. Member Salas stated that she was disappointed that the Fine Arts policy was not a part of the report, and she requested a copy. It was unclear how far of a stretch it would be to use the Fine Arts fund for Christmas lighting. The whole discussion of whether or not we have Christmas lights really pointed out that we don't always recognize a resource or a jewel in our community until it is gone. As she was born and raised in the City of Chula Vista and visited Candy Cane Lane as a child, a parent, and now as a grandmother, she expressed her appreciation to the residents of Candy Cane Lane. Taking into consideration the work, expense and disruption to their lives over the past forty-one years we have not voiced our appreciation enough. Their efforts will be missed and that is why we are spending hard dollars on Christmas lighting. Ms. Buchan responded that she would make sure a copy of the policy was delivered and staff would return within six to eight weeks with an amendment. Member Padilla asked if the $30,000 to be reimbursed from Town Centre I is in the budget and when would it be reimbursed. Ms. Buchan replied that they would return within two months with the implementation plan and would ask for the actual appropriation from Fine Arts at that time. COUNCIL RESOLUTION 19120 AND AGENCY RESOLUTION 1595 OFFERED BY MEMBER MOOT, INCLUDING $30,000 FOR THE ELECTRICAL UPGRADE FOR THE THIRD AVENUE LIGHT POSTS, heading read, text waived, passed and approved 4-0-0-1 (Rindone abstaining). ITEMS PULLED FROM THE CONSENT CALENDAR No Items were pulled. o?-~ - OTHER BUSINESS 3. DIRECTOR/CITY MANAGER'S REPORT(S) - None. 'I. CHAIP'/¡,!!\"i!)H':3 ¡Œt'O;{T(~) ,. Notle. 5. AGENCY/COUNCIL MEMBER COMMENTS - None. ADJOURNMENT The meeting adjourned at 6:25 p.m. .. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: Charline Long, Deputy City Clerk .<. C:;~.3 1 If MINUTES OF A SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL/HOUSING AUTHORITY OF THE CITY OF CHULA VISTA Tuesday, November 10, 1998 Council Chambers 8:47 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members: Moot, Padilla, Salas, Chair/Mayor Horton ABSENT: Agency/Council Member: Rindone ALSO PRESENT: Executive Director/City Manager, David D. Rowlands; Legal Counsel/City Attorney, John M. Kaheny; City Clerk, Beverly A. Authelet; Oeputy City Clerk, Charline Long ORAL COMMUNICATIONS There were none. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 2.a) PUBLIC HEARING: CITY COUNCIL CONSIDERATION OF THE ISSUANCE OF TAX EXEMPT OBLIGATIONS WITH RESPECT TO THE PROPOSED VILLA SERENA SENIOR AFFORDABLE HOUSING PROJECT--The City has received a request from Sunbow Center L.P. to issue $8 million in Tax Exempt Multi-Family Housing Revenue Bonds to finance the proposed l32-unit Villa Serena Apartments for low-income seniors located on the northeast corner of Medical Center Drive and Medical Center Court within the Sunbow II subdivision. As required by federal tax law governing the issuance of tax exempt bonds, a public hearing must be held by an elected representative of the governmental unit having jurisdiction with regard to the intent to issue such bonds. Therefore, Counc il is asked to hold a public hearing regarding the Housing Authority's intent to issue tax exempt bonds for the financing of the project. Additionally, it is requested that the Authority adopt a resolution expressing its intent to issue tax exempt bonds for the project and the Council adopt a resolution authorizing the issuance, sale and delivery of the bonds by the Authority. As per staff's recommendation, Housing Authority Resolution HA-08 and Council Resolution 19256 were approved 4-0-1 (Rindone absent). (Community Development Director) 2.b) HOUSING AUTHORITY RESOLUTION HA-08 REGARDING ITS INTENTION TO ISSUE TAX EXEMPT OBLIGATIONS FOR THE VILLA SERENA APARTMENTS 2.c) COUNCIL RESOLUTION 19256 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF MULTI-FAMILY HOUSING REVENUE BONDS BY THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA FOR THE VILLA SERENA APARTMENTS Juan Arroyo, Housing Coordinator, stated that they were successful in obtaining bond commitment from Citlak. The developer will be coming back to the authority in February 1999 to request final approval for the issuance of these bonds. The 133 unit development for affordable low income housing for seniors is proposed to be restricted for a period of 52 years. This will satisfy the low income -,-0/ _. -. RDA Minutes November 10, 1998 Page 2 housing requirements of the Sunbow II community which is now well underway. The proposed site is adjacent to the Veteran's Home project, an excellent site for such a development. Even though the City's highest priority is for the development of affordable housing for family units, because of the site and its amenities directly related to senior needs this is an ideal site for this project. It is anticipated that the developer will request financial assistance in the amount of $275,000 in the near future. Staff will return to Council in February 1999 with a full financial analysis, assuming all financial commitments have been met. Secured construction is expected to begin sometime in the summer of 1999. Member Moot stated that he concurred with Council and staff that this is an excellent project at a very good site. COUNCIL RESOLUTION 19067, and HOUSING RESOLUTION HA-08, OFFERED BY MEMBER MOOT, headings read, texts waived, passed and approved 4-0-1 (Rindone absent). ACTION ITEMS 3. COUNCIL RESOLUTION 19257 AND AGENCY RESOLUTION 1606 APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT SUBJECT TO OWNER PARTICIPATION RIGHTS WITH AGENCY TUCHSCHER DEVELOPMENT ENTERPRISES, INC. REGARDING DEVELOPMENT OF A MIXED USE PROJECT ON THE MIDBAYFRONT PROPERTY--Tuchscher Development Enterprises, Inc. has requested an Exclusive Negotiating Agreement for one year, with an option for a six month extension, in order to develop plans, pursue entitlements, secure financing and negotiate a Disposition and Oevelopment Agreement to develop a 126.8 acre area located on the Midbayfront. The 2.7 mill ion sq. ft. mixed use proposal incorporates resort, multi-family residential, R&D/office, entertainment/retail, and active park and open space. Staff recommends the Agency/Council approve the resolutions, and direct staff to extend Owner Participation Rights within 30 days of the effective date of the Agreement. (Community Development Director) 4. COUNCIL RESOLUTION 19258 AND AGENCY RESOLUTION 1607 APPROVING A PROJECT STAFFING/CONSULTANT AND PROCESSING AGREEMENT WITH TUCHSCHER AGENCY DEVELOPMENT ENTERPRISES, INC. FOR DEVELOPMENT OF A MIXED USE PROJECT ON THE MIDBAYFRONT PROPERTY - Tuchscher Development Enterprises, Inc. is proposing to develop a portion of the Midbayfront with a 2.7 million sq. ft. mixed use project comprised of resort, multi-family residential, R&D/office, entertainment/retail, and active park and open space. The proposed project will require a number of entitlements, permits and approvals including, but not limited to, General Plan, Specific Plan and Local Coastal Program amendments, an Environmental Impact Report, and a Tentative and Final Map. The proposed Agreement would provide the Developer with assigned professional staff and consultants in order to process the project in a timely manner and would ensure the Agency/City is reimbursed for expenses incurred in processing the Developer's applications. Staff recommends approval of the resolutions. (Community Development Director) MSC (Horton/Padilla) to continue items 3 and 4 to November 17, 1998, approved 4- 0-1 (Rindone absent). 5. COUNCIL RESOLUTION 19259 AND AGENCY RESOLUTION 1608 APPROVING LOANS IN THE TOTAL AMOUNT OF $169,000 TO SOUTH BAY COMMUNITY SERVICES FOR THE ACQUISITION OF TWO PROPERTIES FOR THEIR OPERATION AS SUPPORTIVE HOUSING FOR THE HOMELESS OR VERY ~-.:;- LOW INCOME FAMILIES AND THE APPROPRIATION OF $117,900 FROM THE CITY OF CHULA VISTA'S HOME FUNDS AND $51,100 FROM THE REDEVELOPMENT AGENCY'S LOW AND MODERATE INCOME HOUSING SET-ASIDE FUND THEREFOR - South Bay Community Services (SBCS) has leased two condominiums through the U. S. Department of Housing and Urban Development's Single Family Property Disposition Program for the maximum time limit of four years. These condominiums are used as housing for women and children left homeless as a result of domestic violence. With the expiration of the lease SBCS must now purchase the condominiums for the below market price offered by HUD in order to continue and maintain these condominiums for their transitional living programs or housing for very low income f amil ies. SBCS requests that the Agency and City provide financial assistance to support the acquisition of these condominiums for their continued use as confidential domestic violence shelter sites, other transitional living programs, or housing for very low income families. (Community Development Director) 4/5ths Vote Required Juan Arroyo, Housing Coordinator, stated that the proposal is consistent with the City's housing element and consolidated affordable housing plan. The proposal also provides SBCS the opportunity to continue providing housing for families left homeless due to domestic violence and for other transitional housing needs. The condominiums location is confidential because of the nature of the use, but one of the units is east of 805 and the other is west of 805. 80th condominiums are close to 100 plus-unit-type developments that are in very good condition. This is an important effort that meets our objectives to deal with the many housing needs in our community. Member Padilla stated that any opportunity to maintain a program that assists people who are literally refugees from their own homes due to domestic violence is important. MEMBER PADILLA OFFERED RESOLUTION 19259 AND AGENCY RESOLUTION 1608, heading read, text waived. Resolution approved 4-0-1 (Rindone absent), 6.a) AGENCY RESOLUTION 1609 AND COUNCIL RESOLUTION 19260 APPROVING THE DOWNTOWN HOLIDAY LIGHTING PROGRAM - On 8/4/98, the Agency/Council approved a conceptual plan for the Downtown Holiday Lighting Program and directed staff to provide a detailed program implementation plan and to amend the Town Centre I Fine Arts Policy to include the Holiday Lighting Program. On 10/6/98, the Agency approved the proposed amendment to the Town Centre I Fine Arts Policy. The proposed Downtown Holiday Lighting Program as well as a contract with DEKRA-LITE for the implementation of the Downtown Holiday Lighting Program is presented this evening for consideration by the Agency/Council. Per staff's recommendation, Agency Resolution 1609 and Council Resolution 19260 were approved 4-0-1 (Rindone absent). (Community Development Director) 6.b) AGENCY RESOLUTION 1610 ENTERING INTO AN AGREEMENT WITH DEKRA-LITE FOR MANUFACTURE, INSTALLATION, REMOVAL AND STORAGE OF DECORATIONS FOR THE DOWNTOWN HOLIDAY LIGHTING PROGRAM AND APPROVING $91,907.31 THEREFOR Pam Buchan, Principal Community Development Specialist, stated that representatives from Dekra-Lite were available in the audience to answer any questions. Chris Salomone, Community Development Director, stated they had a video from Dekra-Lite and an extensive presentation that pretty much mirrored the material in the agenda packet. Member Salas asked the following questions: 1. Was there a selection committee? 02-'- - -- RDA Minutes November 10, 1998 Page 4 2. Is the Downtown Business Association subsidizing the program with $4,000 a year? 3. Was their any type of survey conducted with the other business owners as to their acceptance of this project? 4. What percentage of the businesses does the DBA represent? 5. Was the amount already appropriated from the Fine Arts Fund for the 1998 lighting program $91,907 with a recurring annual cost of $10,000 correct? Ms. Buchan responded: 1. A task force had been formed consisting of staff and six merchants. 2. The DBA had agreed to $4,000 a year contribution. 3. There was no adverse reactions to the program from business owners. 4. The DBA represents about 350 merchants and professionals in the downtown area. 5. Those amounts are correct. Member Salas asked the following: 1. What part of the decorations are warranted and for what length of time? 2. What is the life expectancy of these decorations? 3. How often are we going to spend an additional $91,000 to keep the decorations looking nice? Derka-Lite responded with the following: 1. The guarantee covers all steel frames for six years, garland for three years, and computers and/or lighting components for one year. 2. Around five to seven seasons, decorations are well taken care of and stored on racks during the off-season. 3. Typically after five to seven seasons people want to change their decorations anyway. Member Salas replied that she was concerned that after the initial cost that they would be investing another $100,000 in five to six years. Mayor Horton stated that this was a start and we are hoping to expand on this program and really create something very substantial. If it gets to the point where its very similar to what Oel Mar has it could be self-supporting by charging for cars to go through. Yet it provides a wonderful atmosphere during the holidays for the children and families. Member Salas replied that they had talked about recouping costs by charging visitors to drive through and the business community objected as a negative business enticement. Mayor Horton replied that one of the reasons for going into the park area was that in the future we can create something wonderful and separate from the street lighting. Member Salas replied that the cost was very upsetting, but she would support it because the funds were specifically earmarked from the Fine Arts Fund. She was concerned what the community would say, especially after hearing testimony from Joann Angel regarding the graffiti problem. We will probably have some inquiries from the public as to why we are spending so much money on holiday 1 ighting instead of graffiti eradication. Member Padilla stated that he would like a short response from Derka-Lite regarding their company. c::2 ... i 1 ìí Derka-Lite responded that their firm is 11 years old and they have the backing of the manufacturer who has been in business for 51 years. Their clients include Universal Studios, Disneyland, Seegstroms, and the Irvine Company. They are the largest provider of holiday lighting on the west coast servicing Arizona, Nevada, and california. Mayor Horton, stated that even though a very small portion of the funds were coming from the DBA they planning on participating and investing more money in the future. Buchan, replied that a financial commitment from DBA indicates that they will provide $4,000 annually for maintenance and installation. The DBA membership is participating in several other ways this year other than financially. They will have at least ten of their buildings between F and E Street with significant decorations, much more than just a string of lights and a wreath. At least five businesses have signed contracts for exhibits and displays for their buildings and five others are working towards that end. They have also committed to building a Santa's workshop in Memorial Park, where you can have your picture taken with Santa. Hopefully we will have two to three activities in the bowl area of Memorial Park. But they have not committed more dollars. Mayor Horton asked how much of the lighting and decorations will be in place by December 5, the night of the parade. Dekra-Lite responded that they are planning to have all of the large cobra-head displays and most importantly the E Street entry way finished for the night of the parade. The balance of the bigger presentation to be completed by the 9'" of December 1998. With everything going smoothly and all products coming in on- time we anticipate that the trellis', palm trees and medians will be wrapped with colored lights to add excitement for the foot traffic by Oecember 5, 1998. Mayor Horton asked if the Santa and his sleigh would be included. Dekra-Lite responded that they are looking for a nice place downtown for adding santa and his sleigh. Pam Buchan replied that it had been discussed with one of the downtown business people who had a nice flat roof between E Street and Davidson. We are discussing this further with the consultant and well on our way to accomplishing this add- on. It is in our contingency plan and we have talked to our attorneys and hope to do a good job with it. Member Salas stated that after looking at the itemized breakdown cost for installation, removal, and storage of $14,000 it really made her appreciate what the City had for 40 years on Candy Cane Lane. We really need to thank them for all that they did for so many years. Mayor Horton asked what the annual charge of $250 was. Dekra-Lite responded that they buy the best mini-lights available, unfortunately we have not found the perfect mini-light, and they need to be replaced each year, it's a small expense. Mayor Horton stated that she was very pleased to hear that the downtown businesses would be participating by providing additional decorations in their windows and buildings. I think that will complement what staff is providing. COUNCIL RESOLUTION 19260, AGENCY RESOLUTIONS 1609 AND 1610 OFFERED BY MAYOR HORTON headings read, texts waived, passed and approved 4-0-1 (Rindone absent). ,;l - '8 - RDA Minutes November 10, 1998 Page 6 OTHER BUSINESS 7. DIRECTOR/CITY MANAGER'S REPORT(S) - none. 8. CHAIR/MAYOR'S REPORT(S) - none. 9. AGENCY/COUNCIL MEMBER COMMENTS - none. ADJOURNMENT The meeting adjourned at 9:16 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: Charline Long, Deputy City Clerk c:;-t:¡ MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 17, 1998 Council Chambers 7:02 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members: Moot, Padilla, Rindone, and Chair/Mayor Horton ABSENT: Agency/Council Members: Salas ALSO PRESENT: Executive Director/City Manager, David D. Rowlands; Legal Counsel/City Attorney, John M. Kaheny; City Clerk, Beverly A. Authelet; and Deputy City Clerk, Charline Long Recessed at 7:03 p.m. to closed session. Meeting reconvened at 7:55 p.m. 2. APPROVAL OF MINUTES: None ORAL COMMUNICATIONS There were none. ACTION ITEMS Items 3 and 4 were considered together. 3. COUNCIL RESOLUTION 19257 AND AGENCY RESOLUTION 1606 APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT SUBJECT TO OWNER PARTICIPATION RIGHTS WITH AGENCY TUCHSCHER DEVELOPMENT ENTERPRISES, INC. REGARDING DEVELOPMENT OF A MIXED USE PROJECT ON THE MIDBAYFRONT PROPERTY - Tuchscher Development Enterprises, Inc. has requested an Exclusive Negotiating Agreement for one year, with an option for a six month extension, in order to develop plans, pursue entitlements, secure financing and negotiate a Disposition and Development Agreement to develop a 126.8 acre area located on the Midbayfront. The 2.7 million sq. ft. mixed use proposal incorporates resort, multi-family residential, R&D/office, entertainment/retail, and active park and open space. Per staff's recommendation, the resolutions were approved 4-0-1 (Salas absent) and directed staff to extend Owner Participation Rights within 30 days of the effective date of the Agreement. (Community Development Director) continued from the meetinq of November 10, 1998. 4. COUNCIL RESOLUTION 19258 AND AGENCY RESOLUTION 1607 APPROVING A PROJECT STAFFING/CONSULTANT AND PROCESSING AGREEMENT WITH TUCHSCHER DEVELOPMENT ENTERPRISES, INC. FOR DEVELOPMENT OF A MIXED USE PROJECT ON THE MIDBAYFRONT PROPERTY Tuchscher Development Enterprises, Inc. is proposing to develop a portion of the Midbayfront with a 2.7 million sq. ft. mixed use project comprised of resort, multi-family residential, R&D/office, entertainment/retail, and active park and open space. The proposed project will require a number of entitlements, permits and approvals including, but not limited to, General Plan, Specific Plan and Local Coastal Program amendments, an Environmental Impact Report, and a Tentative and Final Map. The proposed Agreement would provide the Developer with assigned professional staff and consultants in order to process the project in a timely manner and would ensure the Agency/City is reimbursed for expenses incurred in processing the Developer's applications. Per staff's recommendation, cJ -10 1 11 RDA Minutes November 17, 1998 Page 2 the resolutions were approved 4-0-1 (Salas absent). (Community Development Director) Continued from the meeting of November 10, 1998. Chris Salomone, Community Development Director, stated the Council has used this process on numerous projects in the past, where an exclusive negotiating agreement is granted to a developer. Projects such as the Power Center, Coors Amphitheater, Walmart Center, and Bonita Hotel have used this type of agreement. This agreement gives the developer the opportunity to shape a project, present it in stages, do an environmental review, meet milestones, and issue progress reports. It also authorizes staff to use consultants and staff time on that project. The Midbayfront is a fairly significant project consisting of 126.8 acres and is critical to the future of the western side of the City. Staff is pleased to report that the agreement between the developer and land owner is eminent. The action recommended will begin a 15-month long period of discovery. The discovery period will focus on milestones where the public and Council will be invited to forums and public hearings to view project documents. Mr. Salomone replied that it is a mixed-use project; comprised of a 450-room hotel, a 1000- unit residential component, a large commercial/shopping center, an entertainment convenience center, and about 20 acres for R&D and light industrial use. Member Moot asked about the overlook park at the foot of F Street. The staff report indicated that it's an 8.5 acre park with direct access off of F Street to the Bayfront for anyone using that park. Mr. Salomone replied it will be a benefit to the Chula Vista community as well as people visiting our City. There will also be the typical buffer zones rimming the edge of the property because of the National Wildlife Refuge. This buffer zone could be used for jogging trails, kiosks, and educational resources. Member Moot responded that access by the public to the Bayfront and a large park in this area is appropriate. It's impressive that the developer is staying very consistent with the City's desire to construct a major park on the West side, one that takes direct advantage of the Bay. Member Rindone stated that he has always promoted these types of projects. One of the sacred benefits that our community desires is access to the Bayfront. This hasn't occurred for over two decades because access has been restricted. One of the concerns is that certain restrictions could be imposed by the Port that would deny the public true access to the water. Could a water taxi be incorporated into the basic design parameters of this project? Mr. Salomone replied that the developer has already met with the resource and environmental groups, who have looked at connecting this site to the southwest marine site. It is contemplated that this site could be accessed via a boardwalk allowing access to water taxis, but we are not there yet. Member Rindone stated that this allows for access to Chula Vista's other portions of the Bayfront and the triangular trade with Coronado, Sea Port Village, and the San Diego Convention Center. When the city of San Diego was negotiating for the Super Bowl in 2002, having access to enough hotel rooms was very important. Access around the triangular trade area would enhance the City of San Diego's position and be very beneficial for the Port to promote. Hopefully as this project goes forth, it will open up a myriad of opportunities, both to Chula Vista and San Diego Member Padilla stated that any embarkation on realizing the Bayfront dream is a leap of faith and as a member of the Council he is pleased that the City is moving forward with someone like Will iam Tuchscher. The proposal that Mr. Tuchscher has brought to us will form a relationship that will involve a lot of c2-11 - .. RDA Minutes November 17, 1998 Page 3 review, discussion, and dialogue. Mr. Tuchscher has served the City for many years and is well aware of the City's leadership's commitment to the community. The City's goal for water access is a key point in terms of what should occur on the Bayfront as well as making the economics work. COUNCIL RESOLUTIONS 19257, 19258, AND AGENCY RESOLUTIONS 1606 AND 1607 OFFERED BY MAYOR/CHAIR HORTON, WITH THE AMENDMENT THAT THIS APPROVAL IS CONTINGENT ON A SIGNED AGREEMENT WITH THE TWO PARTIES, headings read, texts waived. Member Rindone commented that the citizens of Chula Vista watching these proceedings may not understand all of the nuances of motions and amendments. The contingency of the signing of the agreement between the developer and the landowner on the Exclusive Negotiating Agreement is good public policy. Without this agreement we would not advocate going into a project of this magnitude. He did not believe that the City has ever gone into an Exclusive Negotiating Agreement unless there was an agreement between the developer and the landowner. Making the Exclusive Negotiating Agreement contingent upon the agreement being signed by the developer and the landowner will allow the City to go forward for the next fifteen months. VOTE: RESOLUTIONS APPROVED 4-0-1 AS AMENDED (Salas absent). OTHER BUSINESS 5. DIRECTOR/CITY MANAGER'S REPORT¡S¡ - none. 6. CHAIR/MAYOR'S REPORT¡S) - none. 7. AGENCY/COUNCIL MEMBER COMMENTS - none. ADJOURNMENT The meeting adjourned at 8:10 p.m. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk By: Charline Long, Deputy City Clerk 02 -I ~ - -- JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMENT Item~ Meeting Date 12/15/98 ITEM TITLE: COUNCIL RESOLUTION If J.2J. AGENCY RESOLUTION lføl '- APPROVING THE FIRST AMENDMENT TO. AND AUTHORIZING RENEWAL OF, THE AGREEMENT BETWEEN THE WilSON GROUP ANO THE CITY/AGENCY FOR THE 1998-2000 LEGISLATIVE SESSION, ANO AUTHORIZING THE MAYOR/CHAIR TO EXECUTE SAIO AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA/REDEVELOPMENT AGENCY SUBMITTED BY: legislative Committee David D, Rowlands, Jr., City Manager REVIEWED BY: Executive Direct~ 14/5ths Vote: Yes- No_X..! BACKGROUND: On December 31.1998, the current agreement with The Wilson Group expires. The agreement provides for three two-year extensions to coincide with the state legislative sessions. and the Wilson Group has requested that the existing agreement be extended. The Wilson Group has fulfilled its contractual obligations to date and has met staff expectations. RECOMMENDATION: That the City Council/Redevelopment Agency extend the agreement with The Wilson Group for two years (proposed agreement attached as exhibit "A"). The effective period of the extended contract will be January 1, 1999 through December 31, 2000. LEGISLATIVE COMMITTEE RECOMMENDATION: Support staff's tecommendation. DISCUSSION: Background In December of 1996. Council and the Redevelopment Agency approved an agreement which retained the legislative advocacy services of The Wilson Group for the 1996.1998 state legislative session. Contained in the agreement is an option for renewal for three two-year periods coinciding with the state legislative sessions. This is the first of the extension options. In a recent letter to the City's Intergovernmental Affairs Coordinator, the Wilson Group formally requested that the City authorize the firm to continue representing Chula Vista as the City/Agency lobbyist, with such authorization expiring 12131/2000. J-I - .. Page 2, Item ~ Meeting Date 12/15/98 Scope of Work The existing agreement designates The Wilson Group as Chula Vista's official legislative advocate with the California State legislature, State agencies, boards and commissions, or other legislative bodies, as well as the league of California Cities. Further, the agreement requires that the CityfAgency be provided with comprehensive legislative services, including: 1. Review of all bills introduced in the California legislature, informing the City of all State legislation affecting the City's interests and forwarding a copy of such bills to the City (recent technological improvements now allow the City staff to download the text of most bills from the Internet, thereby negating the need for hard copies of these bills to be mailed); 2. Attending all league of California Cities' regular "City representative" meetings and briefings; 3, Tracking legislation of interest to the City, maintaining bill records and sending weekly updated information on these bills to the City; 4. Arranging meetings with legislative representatives and performing those customary duties of legislative advocacy on behalf of the City to the best of their ability, experience and expertise; 5. Gathering data and providing information to the City on such matters as: . Slate Agency and department regulations, guidelines, directives and other instruments of administrative policy which may impact Council/Agency operations; . Funding opportunities for proposed City and Agency projects and maximizing use of all available State resources for financing City programs and mandates; . Hearings, reports and testimony of interest to the City, 9. Representing the Council/Agency in meetings with state agencies, boards, commissions and legislative bodies; 10. Developing legislative initiatives to assist in the implementation of the CouncilfAgency legislative program; 11. Tracking and monitoring propositions and initiatives at the State level and keeping the City apprised of proposals which impact CityfAgency services. Performance of Service Over the course of the 1996.199B state legislative session, The Wilson Group performance rose to meet the level of expectation of the City, When Chula Vista's aggressive legislative program proved difficult to accommodate with the firm's existing staffing resources, an additional member was added to the Wilson Group staff specifically for the purpose of addressing local government issues, The firm dramatically improved its ability to respond quickly to requests for information and action and to provide timely and accurate reports on the status of proposals being supported or opposed by the City. ..J...,).. _. .. Page 3, Item ...J Meeting Date 12/15/98 In addition, the firm consistently looked for ways to improve the services it provides to Chula Vista, More effective and efficient forms of communication were put to use during the past two years which have significantly reduced the time needed to review changes in legislation, as well as to provide updated information on positions the City has taken on various proposals. To that end, the firm has developed a web page which electronically links the City to such sites as the Senate bill room, various news media and other valuable sources of information. The firm provided crucial information during the state budget process which required: 8 attendance at critical late-evening and weekend legislative sessions, 8 last-minute research regarding changing bill analyses and legislators' positions, 8 delivery of letters of support or opposition directly to legislators in the critical hours before committee and floor votes, and 8 providing testimony before legislative committees which prevented passage of a proposal which would have prohibited the City from collecting a business license fee on home-based businesses, For these reasons, the staff submits is recommendation that the firm's contract be extended for an additional two years to coincide with the next legislative session. Proposed Agreement Amendment Term The existing agreement expires on December 31, 1998. As referenced above, The Wilson Group has requested that the agreement be extended for two years to coincide with the next legislative session. Staff recommends that this extension be granted. FISCAL IMPACT: The fiscal impact of the recommended action is a maximum of $65,800 per year, or a total of $131,600 for the two-year term of the contract. Sufficient funds are available to carry this contract through the end of this fiscal year. Staff will return with a request for the remaining funds in the FY 1999/2000 budget. Fees and Expenses The existing agreement states: "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: 8 Single Fixed Fee Amount $61,200 per year payable as follows: 12 equal monthly payments of $5,100. J...3 r Ii Page 4, Item ..3. Meeting Date 12/15/98 For the cost of expenses incurred by Consultant in the performance of services herein required, City shall reimburse Consultant up to $400 total per month for the expenses set forth below: 8 copies 8 travel, or pro-rated portion as directly related to City 8 printing 8 postage 8 delivery 8 long distance telephone charges 8 other actual identifiable direct costs: . Bill Room Copy Service - Computerized Bill Tracking Service Although the fiscal impacts of many of The Wilson Group's efforts can be difficult to estimate, there in ample evidence that the actions of the City's lobbyist were critical in 1998 to Chula Vista's success in efforts such as: 8 securing the State's supplemental subvention payment owed to the City's Redevelopment Agency since 1994 ($53,659) 8 obtaining special appropriations for Chula Vista parks projects ($254,300) 8 preventing passage of legislation which would have eliminated the City's ability to collect a business license tax from home-based businesses ($100,000 annual loss) Coming fiscal issues will include constitutional protection for the City's current fiscal resources, reinstatement of the bank in-lieu fee to cities, and reexamination of the imposition of booking fees on local government. Attachment: Exhibit A: First Renewal of Agreement for Consulting Services between the City of Chula Vista and the Redevelopment Agency of the City of Chula Vista and The Wilson Group ICKI ,IHOMEICOMMOEVISTAff.REPI12.15.98\1obbycon IOocombo< 9,1998 14,18,mll ..1,1 - -- RESOLUTION NO.~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO, AND AUTHORIZING RENEWAL OF, THE AGREEMENT BETWEEN THE WILSON GROUP FOR THE 1998-2000 LEGISLATIVE SESSION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF CHULA VISTA WHEREAS, the current agreement with the Wilson Group expires on December 31, 1998; and WHEREAS, the Agreement provides for three two-year extensions to coincide with the state legislative sessions, and the wilson Group has requested that the existing Agreement be extended. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve the First Amendment to the Agreement with the Wilson Group for legislative representation for the 1998-2000 legislative session, in the form presented, a copy of which is on file in the office of the city Clerk as Document No.- - BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by ßM~~ /ft¿R ~ David D. Rowlands, Jr. City Manager city Attorney H, \home\lorraine\r,\wil,on.leg J.S- - .. RESOLUTION NO.~~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO, AND AUTHORIZING RENEWAL OF, THE AGREEMENT BETWEEN THE WILSON GROUP FOR THE 1998-2000 LEGISLATIVE SESSION, AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WHEREAS, the current agreement with the Wilson Group expires on December 31, 1998; and WHEREAS, the Agreement provides for three two-year extensions to coincide with the state legislative sessions, and the Wilson Group has requested that the existing Agreement be extended. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve the First Amendment to the Agreement with the Wilson Group for legislative representation for the 1998-2000 legislative session, in the form presented, a copy of which is on file in the office of the City Clerk as Document No. - BE IT FURTHER RESOLVED that the Chair of the Redevelopment Agency of the city of Chula vista is hereby authorized to execute said agreement for and on behalf of the Redevelopment Agency of the City of Chula vista. Presented by Approved as to form by David D. Rowlands, Jr. Executive Director H. \home\lorraine\r,\wil,on.leg J.,f. - .. FIRST AMENDMENT TO the Agreement Between the City of Chuta Vista and The Wilson Group, LLC, for Legislative Representation Recitals This First Amendment is entered into effective as of , 1998, by and between the City of Chula Vista ("City") and The Wilson Group, LLC, with reference to the following facts: WHEREAS, City and District previously entered into an agreement on December 10, 1996, whereby The Wilson Group, formerly known as The Law Offices of Bob Wilson, (Consultant) provides lobbying services for the City; and WHEREAS, the original agreement al1ows for renewal of the contract in two year increments; and WHEREAS, the parties now desire to renew the contract for an additional two year term. NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the parties set forth herein, Consultant and City agree as follows: 1. Paragraph 4 of Exhibit A to the original Agreement, entitled Consultant, is hereby replaced with the fol1owing: The Wilson Group, LLC. 2. Paragraph 8D of Exhibit A to the original Agreement, entitled Date for Completion of All Consultant Services, is hereby replaced with the following: 4. December 31, 2000 3. Except as expressly provided herein all other provisions of the original agreement shall remain in full force and effect. ..,3..7 - .. Signature Page to First Amendment to the Agreement between the City ofChula Vista and the Redeveloprnent Agency of the City ofChula Vista and The Wilson Group Dated: City of Chula Vista Attest; by; Shirley Horton, Mayor Beverly Authelet, City Clerk Redevelopment Agency of the City ofChula Vista Approved as to form: by: Shirley Horton, Chair John M. Kaheny, City Attorney The Law Office of Bob Wilson by J..f - JOINT REDEVELOPMENT AGENCYICOUNCIL AGENDA STATEMENT Item~ Meeting Date 12/15/98 ITEM TITlE: COUNCIL RESOLUTION 19:J~ AGENCY RESOLUTION 1"/3 APPROVING TWO SEPARATE THREE PARTY AGREEMENTS BETWEEN THE AGENCY AND TUCHSCHER DEVELOPMENT ENTERPRISES WITH LATITUDE 33 TO PROVIDE ENGINEERING AND PLANNING SERVICES. AND COTTON-BELAND TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES IN PROCESSING A DEVElOPMENT PROJECT FOR THE MIDBAYFRONT SUBMITTED BY: Community Development Director {S . REVIEWED BY: Executive Oirectortí/í.""' (4/5ths Vote: Yes- NoX) BACKGROUND: On November 17, 1998, the Council and Agency approved a Project Staffing/Consultant Processing Agreement with Tuchscher Development Enterprises for the purposes of providing the Developer with consultant services and staffing to process the development proposal for the Midbayfront area. The subject Agreements would retain the necessary consultants for that processing. Reimbursement for consultant costs would be provided in accordance with the terms of the Processing Agreement. RECOMMENDATION: That the Council and Agency approve two separate three party agreements between the Agency and Tuchscher Development Enterprises with Latitude 33 to provide engineering and planning services, and Cotton-Beland to provide environmental consultant services in processing a development project for the Midbayfront. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The project will entail an extensive review process that involves expertise and staffing that is currently beyond the capacity of staff, in consideration of existing workloads, Requests for Proposal (RFPs) were issued for both the EIR and the planning and engineering services. Nine consultants responded to the EIR RFP. The Planning and Engineering RFP was issued to seven consultants who had been previously been placed on an as-needed list for such services. The as-needed list was derived from twelve Statements of Qualification that were submitted in response to a request by the City/Agency. That Request for Qualifications, as well as the RFP for the EIR were solicited from the membership of the American Planning Association and the Association of Environmental Professions, respectively, in accordance with the provisions of the Purchasing Code, Advertisements for the work 4-1 T 1í -- Page 2, Item 4 Meeting Date 12/15/98 were also placed in the San Diego Daily Transcript. A Selection Committee was assembled by the City Manager consisting of the Community Development Director, the Environmental Projects Manager, Principal Community Development Specialist, Senior Civil Engineer, Senior Planner and Principal Planner. The same selection committee reviewed both the environmental consultant submittals as well as the planning and engineering consultant proposals. Proposals were reviewed and compared on the basis of overall qualifications, experience and proposed fee, Specific qualifications considered for both of the contracts included experience with coastal developments, large scale developments and projects that involved complex and sensitive environmental and planning issues. Four consultants for environmental and three consultants for planning and Engineering were selected for interviews. The Consultants interviewed were as follows: Environmental Cotton.Beland Dudek and Associates Mooney and Associates RECDN Cotton-Beland was selected because they demonstrated the greatest understanding of the project, offered a strong project manager, and included subconsutants with extensive knowledge of the project site. Planning and Engineering latitude 33 Project Design Consultants lettieri-Mcintyre and Associates latitude 33 was selected because they were well prepared, identified a clear methodology for issue identification and resolution, had a good understanding of the scope of the project, offered a broad range of expertise, and had a well balanced team of professionals to address the project needs. The Selection Committee conducted two sets of interviews on two separate days and ranked the consultants, The selected consultants were the top ranked firms for each contract. The consultants were notified and contracts were negotiated. The attached Agreements specify the responsibilities of the City/Agency, the Consultant and the Applicant. The Scopes of Work have been determined by all parties to best serve the needs of the project and the City. The Agreements specify reporting duties and protocol, and assign responsibility for payment of consultant fees to be that of the project applicant and ensures that adequate funds are placed on deposit for such purposes. Neither consultant has performed any work for the City within the past 12 months. 4-.2.. Page 3, Item .!i Meeting Date 12/15/98 FISCAL IMPACT: The value of the EIR and Planning and Engineering services contracts are $139,712, and $197,900, respectively. The Applicant has deposited $80,000 into a deposit account for the purposes of compensating the consultants. The Applicant is tequired to replenish the deposit account to the original amount of $80,000 on a monthly basis when the balance falls to $40,000, ensuring that $40,000 is always available in reserve. The Applicant is responsible for 100% of consultant costs. In the event that deposits from the applicant are not made within the time frames required by the Processing Agreement, the City/Agency will suspend consultant work on the project. IJM IH,IHOMEICOMMOEVISTAFF.REPI12.15.98IMIOBAYFRONT.GON [O"""b" 10, 1998 [2,38pmll 4-.B - AGENCY RESOLUTION NO. ~ and COUNCil RESOLUTION NO. ~.3 JOINT RESOLUTION OF THE CITY COUNCil AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHUlA VISTA APPROVING TWO SEPARATE THREE PARTY AGREEMENTS BETWEEN THE AGENCY AND TUCHSCHER DEVELOPMENT ENTERPRISES WITH lATITUDE 33 TO PROVIDE ENGINEERING AND PLANNING SERVICES, AND COTTON-BELAND TO PROVIDE ENVIRONMENTAL CONSULTANT SERVICES IN PROCESSING A DEVELOPMENT PROJECT FOR THE MIDBAYFRONT WHEREAS, Tuchscher Development Enterprises desires to develop approximately 127 acres of property within the Midbayfront planning area with the Project as described in the related Negotiating Agreement; and, WHEREAS, in order for the City to process the application of the Applicant, consultant services are required, as the City/Agency does not presently have the "inhouse" staff or resources to process the application within the time frame requested for review by the Applicant; and, WHEREAS, the subject Agreements propose an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the Agency; and WHEREAS, bids for consultant services were solicited, received and analyzed in accordance with the provisions of Chapter 2.56 of the Municipal Code relating to Purchasing and City/Agency staff selected latitude 33 and Cotton-Beland as the most qualified bidders. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency and Cit y Council of the City of Chula Vista does hereby approve, on the terms presented, two separate three party agreements between the Agency and Tuchscher Development Enterprises with latitude 33 to provide engineering and planning services, and Cotton-Beland to provide environmental consultant services in processing a development project for the Midbayfront. BE IT FURTHER RESOLVED, that the Mayor/Chair is authorized and directed to execute such Agreements on final forms approved by the City Attorney. Presented by Approved as to form by (J~ ~ . Chris Salomone Director of Community Development 4-1 - .. Three Party Agreement Between City of Chula Vista, Latitude 33 Planning and Engineering, Consultant, and Tuchscher Development Enterprises, Inc., Applicant For Consulting Work to be Rendered with regard to Applicant's project 1. Parties This Agreement is made as of the r~ference set forth in Exhibit A, for the purposes of reference only,)/iand effective a . of the date last executed by the parties hereto, betw Redevelopment Agency of the City of C Vista and th of Chula Vista, hereinafter collectively ed to as "Clty" , a municipal corporation of the State of C ia, the entity designated on the attached Exhibit A as " 0 tant", Latitude 33 Planning and Engineering, whose business form address is indicated on the attached Exhibit A",nd the entf'y designated on the attached Exhibit A as "Applicant", TuchscK¡;¡r Development Enterprises, whose business form and address ii¡' indicated on the attached Exhibit A, and is ma<:J:è e.ferenceto the following facts: 2. Recitals, Warranties and Representations, 2.1. Warranty oJ' .. Ap ts that Applicant is the owner of land ("Prop own âißo,..or generally located as, describe aragraph 1, or has an option or other entitlement d Property. 2.2. t des to develop the Property with the project Exhi It A, Paragraph 2, and in that regard, has made appllca ("Application") with the City for approval of t~e plan, map, zone, or other permits ("Entitlements") desC"ibed on Exhibit A, Paragraph 3. 2,3. In o:r:;fer for the City to process the Application of icant, Work of the general nature and type described in it A, Paragraph 4, ("Work") will need to be completed. '2.4. City does not presently have the "inhouse" staff or resources to process the application within the time frame requested for review by the Applicant. 2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Consultant, who shall perform the services required of Consultant Page 1 4-S" - -- by this Agreement solely to, and under the direction of, the City. 2,6. Additional facts and circumstances regarding the background for this agreement are set forth on Exhibit B; 3. Agreement. NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. EmDlovment of Consultant bv AD1511can Consultant is hereby engaged by Applicant, not the C'ty, and at Applicant's sole cost and expe perform to, or the primary benefit of, City, and sol ity's dire ,all of the services described on the attach hibit A, P raph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of perjprming and delivering said General Services, Consultant shall also pe . to and for the benefit of City all of the services descri Exhibit A, Paragraph 5, entitled "Detailed e of Work Detailed Services"), and all services re y necessa to accomplish said General Services and Detailed of Work, and shall deliver such documents required ("Del s") herein, all within the time frames herein set forth, in particular as set forth in Exhibit A, paragrâph 6'.'ç',and if none are set forth, within a reasonable period of time for the diligent execution of Consultant's duties he~eunder. Time of the essence of this covenant. her~gree to perform said General and for t e benefit of the City for the to be paid by Applicant. In de e ral and Detailed Services hereunder, the Consultà do in a good, professional manner consistent with evel of care and skill ordinarily exercised by m~ers of the ssion currently practicing under similar condi" ions and in si ~lar locations, at its own cost and expense excèpt for the compensation and/or reimbursement, if any, herein promised, and s~ll furnish all of the labor, technical, adI¡tinistrative ,<professional and other personnel, all supplies materials, machinery, equipment, printing, vehicles, tation, office space and facilities, calculations, and means whatsoever, except as herein otherwise expressly spec~ ied to be furnished by the City or Applicant, necessary or proper to perform and complete the work and provide the Services required of the Consultant. 3.2. ComDensation of Consultant. Page 2 4-(. -. .. Applicant shall compensate Consultant for all services rendered by Consultant without regard to the conclusions reached by the Consultant, and according to the terms and conditions set forth in Exhibit C adjacent to the governing compensation relationship indicated by a "checkrnark" next to the appropriate arrangement, by paying said amount to the City, within 15 days of Applicant's billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or in accordance with the Bill P~ocessing procedure in Exhibit C, if checked, pay said amount 0 the Consultant. City is merely acting in the capacity conduit for payment, and shall not be liable fqr the compe it receives same from Applicant. Appljfcant shall payments of compensation or otherwise qirectly to th 3.2.1. Additional Work. If plicant, with the concurrence of City, determines that ad 1 services ("Additional Services") are needed from nt of the type Consultant is qualified to render or'reas elated to the Services Consultant is otherwise re red t rovide by this Agreement, the Consultant agrees to ide such additional services on a time and materials basi aid for by Applicant at the rates set forth in Exhibit C, unl a separate fixed fee is otherwise agreed upon in writing for s Additional Work between the parties. 3.2.1.1. the event the City shall determine that add iona ork is required to be performed above and beyo d the sc k herein provided, City wil consult Appli rding the additional work, an' thereu the Ap fails or refuses to arrange an for s dditiona Services, the City may, at its op en y further processing of Applicant's Ap un the Applicant shall deposit the City's es the costs of the additional work which the City de or may be required. Applicant shall pay any ional costs for the additional work. iI of Work. City independently, or upon request from Co~¡¡ultant, fro time to time reduce the Services to be performed byitl1e Consultant under this Agreement. Upon doing so, City and Con.stíiltant agree to meet in good faith and confer for the purpose of.nê!gÓtiating a corresponding reduction in the compensation assodiated with said reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant for the Services deleted. 3.3. Securitv for Pavrnent of CoffiDensation bv ADDlicant. Page 3 4...7 1 11 3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on Exhibit C and as hereinbelow set forth: 3.3.1.1 Other Terms of Deposit Trust. 3,3.1.1.1. City shall retain from said Deposit all costs incur~~d is entitled to compensation by law or un~aY agreement. 3.3.1.1.2. All interes Deposit Amount, if any, shall accrue to used for, Trust purposes. City may, in separate bank account, separately accoun or more of its various bank accounts, an proportionately distribute to the Deposit interest earned during the period its ge 3.3.1.1.3. e of Deposit Amount, including any unused all be returned to Applicant not later than termination of this Agreement and any claims 3.3. plicant shall be notified within 30 days after of u of the Deposit in any manner. Nothing herein shal invalid f the Deposit in the manner herein horized '.3.,1,1,5. At such time as City shall reasona ermi thatc'>inadequate funds remain on Deposit to secure ompensationlikely due Consultant or City, City may ma of AppliQ~nt to supplement said Deposit Amount in such am Ci hall'"reasonably speci fy, and upon doing so, Applica shall, in 30 days pays said amount ("Supplemental Deposit Amount") City, Said Supplement Deposit Amount or Amounts shall be erned by the same terms of trust governing the original Deposl 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant. Page 4 .4-f - .. 4. Non-Service Related Duties of Consultant. 4.1. 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 0 , .Class V" or better, or shall meet with the approval the 4.1.1. Statutory Worker's CO ensat' Employer's Liability Insurance coverage in in the attached Exhibit A, Paragraph 10. 4.1. 2. Commercial General Lia ty InsurancE!- including Business Automobile Insurance erage in the amount set forth in Exhibit A, Paragraph 10, comþined 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 ary to any policy which the City may otherwise carry ("primar rage" ), and which treats the employees of the City an~ Appl in the same manner as members of the general public:! ("Cr ability Coverage") . 4.1. 3. Errors d Omissions insurance, in the amount set forth in Exhibit A, ag h 10, ~less Errors and Omissions coverage is included i al Li~bility policy. 4.2.2. P licy Endorsements Required. In order to strate the Additional Insured Coverage, Primary Coverage and -liability Coverage required under Consultant's Commercial al Liability Insurance Policy, Consultant shall deliver a endo#ßement to the City and Applicant demonstrating same. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant, The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the Page 5 4- 9 - .. study or after its completion, except on written concurrence of the City and Applicant. 4.4. Communication to ADDlicant, Consultant shall not communicate directly to the Applicant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Consultant may request s~ch meetings with the Applicant to ensure the adequaêyof"services performed by Consultant. 5. N n- om ensation Duti f the A 5.1. Documents Access. The Applicant shall provide to th ultant, the City, for the use by the Consultant an such documents, or copies of such documents requested by Ap within the possession of Applicant reasonably useful onsultant in performing the services herein re . ed of C nt, including but not limited to those describe Exhibi t A ragraph 7. 5.2. PrODertv Access. 5.3. Applicant hal ot communicate directly to the Consultant in the prese of the City, or by writing an exact copy is simultan usly provided to City, except with the consent of City. The Applicant may request such meetings desire with the Consultant to ensure the adequacy of perfo~ed by Consultant. Administrative ReDresentatives. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest Page 6 4-10 9 .. 7.1. Consultant is Desianated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of Exhibit A, or if none are specified, then as det mined by the City Attorney. 7.2. Decline to ParticiDate. Regardless of whether designate Filer, Consultant shall not make, or icipate in any way attempt to use Consultant's 'to influe governmental decision in which Consul ows or has know Consultant has a financial inter than the compensation promised by this Agreem 7.3. rch to Determin Regardless of whether is..des' ed as an FPPC Filer, Consultant warrants ar¡.d representSthat¡¡.;'Consultant has diligently conducted a searc¡)r and inventory Øf 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 eco mic i rest which would conflict with Consultant's duties u r th' greement. Interests. 5S of w r Consultant is designated as an FPPC Filer, Co tant fur warrants and represents that Consultant will not aQqu~~è, obt or assume an economic interest during the term.Ø$'c;2t.hfs Agreem t which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. .5. Dutv to Advise of Conflictina Interests. Regardless of whether Consultant is designated as an FPPC r, Consultant further warrants and represents that Consultant immediately advise the City Attorney of City if Consultant 5 of an economic interest of Consultant's which may result i conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. 7.6. SDecific Warranties Aaainst Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's Page 7 4- II . .. employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). Consultant further warrants and represents that no of future employment, remuneration, consideration, gr other reward or gain has been made to Consultant Q Associates by Applicant or by any other ty as Consultant's performance of this Agree Cons to advise City of any such promise tha y be ma Term of this Agreement, or for 12 mon hereafte Consultant agrees that acquire any such Prohibited Agreement, or for 12 months Agreement. Consultant may not conduct or icit any bu~~ness for any party to this Agreement, or for a d party which may be in conflict with Consultant's respö ~s under this Agreement. 8. Defaul be terminated b the CITY for default if hi s agreement ..Ór if the Consul tan t e the work er this agreement or any uch di which would assure its onable of time. Termination of f a de of the Consultant shall not om liability of such default. e P ent for n enience . Notwithstanding any other section or provision of this t, the CITY sháll have the absolute right at any time to ate this agreement or any work to be performed pursuant to agreement. 9.2. In the event of termination of this agreement by the in the absence of default of the Consultant, the City shall t!~ he Consultant for the reasonable value of the services actua.!lly performed by the Consul tant up to the date of such termination, less the aggregate of all sums previously paid to the Consultant for services performed after execution of this agreement and prior to its termination. Page 8 4-/~ - .. 9.3. The Consultant hereby expressly waives any and all claims for damage or compensation arising under this agreement, except as set forth herein, in the event of such termination. 9.4. In the event of termination of this agreement, and upon demand of the City, the Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all other materials and documents prepared by the Consultant in performance of this agreement, and all such documents and materials shall be the property of the City; provided however, that the Consultant may retain copies for their oWn use and the City shall provide a copy, at Applicant' s cost ,'q:f!,;all such documents to the Applicant. 9.5. Applicant shall have no t to terminate Consultant, and shall not exercise any control 0 rection over Consultant's work. 10. A inistrative laims Re r s No suit shall be brought arisin out of this agreement, against the City, unless a claim ha t been presented in writing and filed with the City of C ista and acted upon by the City of Chula Vista in accordanC the procedures set forth in Chapter 1.34 of the Chula Vi icipa1 Code, the provisions of which are incorporated by reference as if set fully set forth herein. ;¥í¥!? 11. Hold Harmless and ffidemnification it and A li nt re d d, indemnify, and hold harmless the a ted officers and employees and ai 11 claims for damages, liability, lu without limitation attorneys' fees) gligent acts, errors, or omissions of the its agents, employees, or subcontractors, he execution of the work covered by this t's indemnification shall include any and all , expenses, reasonable attorneys' fees and liability red by the City, its officers, agents, or employees or cant in defending against such claims, whether the same . .1;:,o"ç:¡¡(üdgment or not. Consultants' indemnification of City li:êaÌì.t shall not be limited by any prior or subsequent dec aration by the Consultant, unless expressly approved by the City and Applicant. 11.2. ADDlicant to Indemnifv Citv re ComDensation of Consultant. Page 9 4-/3 - .. Applicant agrees to defend, indemnify and hold the City harmless against and from any and all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers, employees, agents, or representatives of the City ("City Indemnitees") , in any way resulting from or arising out of the refusal to pay compensation as demanded by Consultant for the performance of services required by this Agreement. 12. Business Licenses Applicant agrees to obtain a business lic and to otherwise comply with Chula Vista Munic Applicant further agrees to require Consultant business license and to comply with Chüla vis Title 5. 13. Miscellaneous. 13 .1. Consul nt not a thorize it Unless specifically authorized in writ by City, neither Consultant nor Applicant shall havêauthority to act as City's agent to bind City to any contractual agreements whatsoever. 13.2. Notices. All notices, demands or requests p vided for or permitted to be given pursuant this Agreement ust be in writing. All notices, demands and r ests to be sent to any party shall be deemed to have been p þerly given or",'served if personally served or depos~ ed in the ted States mail, addressed to such party, postage aid, re ered or certified, with return receipt requeste the sses identified for the parties in Exhibit A. 13.3. Notices. demand on the parties for notice of an event equired to be given shall in itself create rties to any other or further notice or demand in ar or other circumstances. e A reement. This ement, together with any other written document referred 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. Page 10 4-14 9 .. 13.5. CaDacitv 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; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. 13.6. Governina Law/Venue. This Agreement shall be governed by accordance with the laws of the State yaction arising under or relating to this Agr ught onJ,y in the federal or state courts locate ty, Stà!te of California, and if applicable, th or as close thereto as possible. Venue fo performance hereunder, shall be the C 13.7. Modification. No modification or waiver of ovision of this Agreement shall be effective unless the same be in writing and signed by the parties hereto, and then sh valid only in the specific instance and for the purpo r which given. 13.8. CounterDarts. be executed in more than one counterpart, each eemed to be an original but all of which, when 1 constitu but one instrument. In nt t any provision of this Agreement shall for any rea termined to be invalid, illegal, or unenforce . any respect, the parties hereto shall negotiate in good d agree to such amendments, modifications, or suppl ts to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13 .10. Headinas. , The captions and headings in this Agreement are for éQ~venience only and shall not define or limit the provisions hetèof. 13.ll. Waiver. No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise of any right, power or Page 11 ~-I:i' - .. privilege, on the part of the parties shall operate as a waiver of any rights herein contained. The making or the acceptance of a payment by either party with knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of any such breach. 13 .12. Remedies. The rights of the parties under this Agreement are cumulative and not exclusive of any rights or remedies which the parties might otherwise have unless this Asreement to the contrary. :J:' 13 .13. No Additional Beneficiaries. ,. is Despite the fact that the required Ormance agreement may have an affect upon persons parties h to, the parties specifically intend no benefit th om, and agree that no performance hereunder may be enforced person not a party to this agreement. Notwithstanding going, this is a three party agreement and the Ci is an third party beneficiary of the promises of C ant to e serVlces paid for by Applicant. (End of Page, Page 12 4-1" T ,. Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: City of by: Attest: Beverly Authelet City Clerk Approved as to Form: John M. Kaheny City Attorney Dated: Consultant: Latitude 33 Planning & Engineering by: Dated: Applicant: Tuchscher Development Enterprises by: Page 13 4-/7 ~ ,. . - Exhibit B Additional Recitals WHEREAS, the Applicant has deposited an initial sum for the processing of planning and engineering entitlements a outlined in Exhibit "B", and WHEREAS, public notice of the required con services was given to the membership of the American Pla s,?ciation and in a paper of general circulation, inviting pr J.ve Consultants to submit proposals, letters of i~terest d/or applications to be on the list of qualifi Consultants, and WHEREAS, the City Manager appointe ection committee which has in accordance with Section 2.56 the Chula Vista Municipal Code, recommended the above note tant to perform the required services for the City, and WHEREAS, City staff has negotiated the agreement in accordance with procedures 2.56.220-224 of the Chula Vista Municip Page 1 4-,r¡ - .. Exhibit A Reference Date of Agreement: December 15, 1998 Effective Date of Agreement: City of Chula Vista, 276 Fourth Avenue, Chu1a CA 91910 Consultant: Latitude 33 Planning and Business Form of Consultant: (X) Corporation Address: 4180 La Jolla Village San Diego, CA 92037 Applicant: Business Form of Applicant: (X) Corporation Address: 1. Property or General Description): The property con ts of a ximately 127 acres of land within the ar wn as t hula Vista Midbayfront, gen ly 10 est of erstate 5 and between F Street an weet Marsh National Wildlife Refuge. 2. ("Project"): The propÞsèd pr following use components: Retai¡l/Entertai" t This component w:t'Ìl include a theatre, book store, a music store, 5 restaurants, arid smaller retail shops which will comprise approximately 193,456 square feet of net floor area. e1 will consist of 450 suites, meeting and banquet ree restaurants which will comprise approximately square feet of net floor area. Residential Approximately 256 units of high rise residential uses are proposed in two 16-story buildings, with 127 units each. Additionally, 743 multi-family units are proposed. 4-/9 - .. Research and Development Approximately 27.6 acres of R&D/Office/light industrial uses are proposed. Retail The project proposes approximately 1,12 acres of convenience retail which will comprise approximately 12,196 are feet of net floor area. Park Approximately 8.5 acres of active park linear open space buffer between the residen Sweetwater Marsh NWR are proposed. 3. Entitlements applied for: General Plan Amendment, Specifi Amendment, Environmental Impact Subdivision Maps 4. General Nature of Consultant shall act in the ~support staff for the Project to provide full . arid engineering services as an ext;lIion taff to the City. Consultant's work shall consist thr hases: 1) Planning phase of development includi~g Spe c Plan, General Plan Amendment, Design Review and Local Plan Amendment; 2) Ap val of the tentati s); 3) Plan check of civil a dscap}! dra ngs, plats and related documents to i t the im ement and subdivision of land. 5. Detailed Work ("Detailed Services"): Plari'¡1ing: Review Pro;ect ~lications Consultant 1 review and provide recommended revisions to applicatio ubmitted for the General Plan Amendment, the Local Co<i1stal Amendment, the Specific Plan, and Design review. This ¡review will consists of completeness determination and preliminary issue identification. Consultant shall prepare a written summary of their findings, any proposed changes to the submittal required of the applicant, any additional data or material needed and preliminary identification of planning and design issues. 4- 2-0 ~. .. Review Plannina Documents. Site Plan and Desian packaae Consultant shall review documents and plans and: identify planning/design/policy issues, suggest revisions to plans and documents and provide suggested means to resolve issues identified in the review. This shall be documented in writing to City staff. Planning document review shall include a consistency review to ensure that plans conform to on~ another. Coordination and discussion of issues shall occur du regular staff/consultant/applicant meetings, a cussed below. Consultant shall perform three iterat' of plan review. h Meetinas Consultant shall coordinate and atten s with staff and the applicant on a regular basis. Thi include weekly meetings for the first six months of t schedule, ranging in length between one and tw he purpose of the meetings will be to discuss issues r d i an review, clarify understanding of submittal material:!; cu roject progress, coordinate with other consultantsa.n other relevant topics. Meetings on a bi-weekly basis would for the balance of the project schedule. Consultant s esponsible for arranging meetings and doc~enting min nd action items. In addition to regular projec~ meetings, . sultant shall attend up to 12 public meetings, inê[uding pub1iqi forums, Planning Commission and Redeve pment Agency H~arings on the project. For these meetings, Consu nt shall be. ~fepared to give presentations on v s elements of the project and answer questions relating nsu1tant's responsibilities under the proposed'Cónsultan eement. Consultant shall prepare memorandllins City arizing the issues discussed and actions taken at 11.1 ic tidŒ~. Consultant shall also attend up to 5 meetings staff cøfuprising the technical Committee and Executive.C TheSe committees meet on a regular basis to discuss'variou that arise on projects, and are intended to reach consen those issues. licant ide A enci be responsible for coordinating with City staff sis, coordinating with the Applicant and their needed, and coordinating with outside agencies, i t not limited to the California Coastal Commission, th Fish and Wildlife Service, the California Department of Fish and Game and the Army Corps of Engineers. Consultant shall coordinate sufficiently with other parties to ensure that all comments, views, policies, regulations and requirements of those parties are identified as early as possible. Consultant shall also coordinate with the EIR consultant and assist in the development of a project description. 4-,;¿( - .. ReDorts. Work Products Consultant shall provide all comments on planning documents, site plans and design programs in writing to City staff. Consultant shall document communication with the applicant or outside agencies in which City staff does not directly participate. Consultant shall prepare staff reports for discr~.tionary actions relating to Design Review, LCP Amendment, GPA, ahd Specific Plan. Engineering: Plan Review The consultant shall assign an Engine Project Manager (EPM) to review all Planning documents neces fOr the implementation of the Project to include, but not be to: Specific Plan, General Plan Amendment, Environmental Impa Report and associated technical appendices regarding traffic (including Traffic Analysis Zones, impact an yses, circulation plan assumptions and threshold stan ), wa r, wastewater, drainage, geotechnical, etc an the:Publ "lities Financing Plan which shall address botift on ahd off improvements. The EPM shall review and be familiar ;'th ci andards. The EPM shall address all enginee~ing i es discussed in any and all project documents and mak~ wri recommendations to the City Engineer based on sou engin g and construction practices and City standards, i ludin 's threshold standards. Tentati The EPM eview Tentative Map(s), associated with the Project. ve (TM) review shall include technical review 0 tat Map for completeness and for compliance with Cit te standards, review of all supporting documents listed above a the~ related documents to ensure conformance, preparation of condih!fôns of approval and coordination with City departments to resolve conflicting issues. The conditions of approval shall be reviewed and approved by the City Engineer. For both Plan iew and TM review, the project will be under the responsibili of the overall Project Manager, assigned by the Consultan approved by City. The EPM shall establish close working re-ationship with the Project Manager and provide technical engineering assistance, as needed, to ensure timely schedule progress. Work shall be completed within the time limits set forth within the Subdivision Map Act. Plan Check 4 -.J ~ -. .. Plan check shall be under the direct and sole responsibility of the Engineering's Project Manager. The consultant shall be responsible for assembling a team of technical personnel under the direction of the Engineering's Project Manager to perform all plan check and technical review duties of the City. The team assembled shall be approved by the City Engineer and anyy,changes therefrom agreed to in writing. The EPM and the ,team Shall be responsible for all aspects of the plan check p ess of final maps, right of way documents and plats, legal ri tions, grading and erosion control plans, drainage pl i ovement plans, traffic plans, and related repQ~ts (tra , . age, sewers, geotechnical, title, etc.) for all "tie improvements including but not limite~ to: Mass and Site Grading . Consultant shall review recornrnendations eotechnical reports, EIR, Development Agreement£l,ðnd Development Plan, documents in Plan review and TM re work, Army Corps of Engineers permits, and other pe its to re that grading proposed comply with all. . Consultant shall review erosion co for compliance with City requirements. " . Consultant shall review specificati for, grading work, creek/habitat remediation work as appropriate, erosion control, compaction, ching, slope and slide repairs if applicable, and subd age require~ents. . Consultant shall re adequacy ofj~tructural calculations for pavement Drain . Co drainage plans for conformance with requl c ions from EIR, Development Agreement, docume n and TM review work, Final Development Plan, ta s. . Consul r hydrology calculations for adequacy of assumptions me;OdO1Ogy. . Consultant s r':þ iew hydraulic calculations for piped and 0 en systems. nsultant shall review design and plans for creek/channel rk, piped systems, extent and flow of overflows, and tention basins. sultant,~hall review of off-site impacts both upstream and am. i Stre . Consultant shall review roadway plans for conformance with requirements and conditions from EIR, Development Agreement, documents in Plan review and TM review work, Final Development Plan, and City Standards. . Consultant shall review plans for driveways, parking areas, widths, curves, sight distance, turn lanes, curb, gutter and 4 -.2.3 - .. sidewalk, handicap ramps and ADA requirements, striping, signage, provisions for emergency vehicle access, design of bridges and culverts, and intersection lighting. . Consultant shall review of traffic signal designs and layout. Utilities . Consultant shall review utility plans for con mancè with requirements and conditions from EIR, Develo . Agreement, documents in Plan review and TM review work, Development Plan, and City Standards. . Consultant shall review plans for c on-site utilities including locatio easements. . Consultant shall review fire hydrant locations. . Consultant shall review of sewer li izing and hydraulic calculations. . Consultant shall review fire hydrant Maps . Consultant shall review c ions for accuracy and conformance with maps. . Consultant shall review ons of dedications and easements, and to who urpose. . Consultant shall rev conformance to Map Act and City requiremen . Consultant shall r . ports to ensure accuracy and conformance to the easements or restrictions accurately portray . Consultant shall granted to other agencies. The EPM shall ensure tha lan review comments are in compliance with City and State ndards and that the plans are consistent with the Plan revi d TM review work. The EPM and team serve as an extension and support to City's staff. As such, the consultant shall perform all tasks needed to ensure project delivery in a timely manner. Plan Check's turn around time shall be within the following guide!lines: First Check 30 Callander Days Second Check 20 Callander Days Third Check 10 Callander Days The EPM shall implement the City's quality control measures uniformly to all projects. .I-Lei ? H The EPM shall be responsible for preparing an issue matrix used for discussions with City staff, Council Agenda reports for the final maps or other related items, and a list of items to be included in the Supplemental Subdivision Improvement Agreement (s). Miscellaneous The Project Manager shall prepare twice monthly status reports for the Plan regie and TM review work a weekly reports for the Plan check work. The Project Manager 1 monitor the progress of the project identifying any critic ath items to.. ensure project approval in a timely manner. The City shall approve all personnel a$$igned to the Manager position. The City shall appr9~e any changes. 6. Schedule, Milestone, Time-Limit within which to Perform Services. Date for Commencement of Cons Services: (X) Same as Effective of Agreement Dates or Time Limits for of Deliverables: y of findings and comments on iteration of plan o. 2: Summary of findings and comments on second iteration of plan No. : Summary of findings and comments on third iteration of plans Delive No. 4: Acceptance by City of Tentative Map reVlew summary No. 5: Completion of Plan Check ..a;tesfor completion of all Consultant services: ,... Deliverable No.1 within three weeks of Complete Application Deliverable No. 2 wi thin three weeks of 2nd plan submittal Deliverable No. 3 wi thin three weeks of 3 rd plan submittal Deliverable No. 4 within 6 weeks of submittal of TM Deliverable No. 5 First Check: 30 Callander Days 4- .2. S- - .. Second Check: 20 Callander Days Third Check: 10 Callander Days 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) grading plans (X) arch' ctural elevations (X) project description. ( ) other: 8. Contract Administrators. City: Joseph Monaco, Environmenta ects Manager Applicant: William Tuchscher Consultant: Randi Coopersmith, 9. Statement of Economic Interests ltant Reporting Categories, per Conflict of Intere (X) Not Applicable. Not an FPPC Filer. 10. Insurance Requirements: tatutor rker's tion Insurance erc eneral ty Insurance: $1,000,000. ors 0 'ssions insurance: $250,000 (not included Commercial eral Liability coverage). 4 - ~lø r 11 Exhibit C Compensation Schedule and Deposit: Terms and Conditions. (X) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee, inclusive of reimbursable expenses, in the amounts and at the times or milestones set forth below: (X) Single Fixed Fee Amount: ,900 Milestone or Event Amount of 1. Signing of this agreement by all parties and upon the request of the contractor. 2. City's acceptance of first of plan comments and recomme 3. City's acceptance of second iteration of plan comments and recommendat~ons $19,790 4. . City's acceptance of ~rd iteration of $19,790 plan comments and rec >.. endatio 5. City's c leted comments on $39,580 TM eted plan check $39,580 7. Completion of $19,790 4-.2. 7 - .- -----------~---------~------------- Deposit (X) Deposit Amount: $197,900, to be advanced in increments in accordance with the Project Processing Agreement. (X) Use of Deposit to Pay Consultant. Notwithstanding the sale duty and ilit.y.of Applicant to pay Consultant, if this paragraph is ed" ,upon City's receipt of billing by Consultant, and ermination by C' good faith that Consultant's billing propeJ:Î a jud which Applicant agrees to hold City h ss;.ånd waive im against City, City shall pay Consultan ¡. ling from mount of the Deposit, If Applicant shall pr he propriety of a billing to City in advance of payment, hall consider Applicant's protest and any evidence su d prior to the due date for the payment of said bill by Applicant in making its good faith determination of propriety. (X) Bill Processing: A. Consultant's submitted for the following period of time: (X) Monthly B. Day of Hþe Period f Billinç¡!',1¡; irst of the Month C. 's Account Number: 4-~(j 1 11 .... Three Party Agreement Between City of Chula Vista, Cotton Beland/Associates, Inc., Consultant, and Tuchscher Development Enterprises, Inc., Applicant For Environmental Consulting Work to be Rendered with Regard to Applicant's Project 1. Parties This Agreement is made as of the reference date set fot:tfl in Exhibit A, for the purposes of reference only, and effective as of the date last executed by the parties hereto, between Redevelopment Agency of the City of Chula Vista and the, Çity of Chula Vista herein atter c referred to as "City", a municipal corporation of the State5pf Californi/:l. the entity designate the attached Exhibit A as "Consultant" Cotton Beland/Ast6ciates,lnc., whose business fo and address is indicated on the attached Exhibit A, and the ~J'son designated on the attached Exhibit A as "Applicant" Tuchscher Development Enterprises, liîcj, whose business form and address is indicated on the attached Exhibit A, and is made with retgtence to the following facts: 2. Recitals, Warranties and Representations. 2.1. Warranty of Ownership. Applicant warrants that Applicant is the owner "Property") commonly known as, or generally located as, described on Exhibit A, Paragraph 1, has an option or other entitlement to develop said Property. 5'! 2.2. Applicant desires to develop the Property with the Project described on Exhibit A, Paragraph 2, and in that re d, has made app,lication ("Application") with the City for approval of the plan, m one, or ot mits ("Entitle¡ì'i$!l1ts") described on Exhibit A, Paragraph 3. 0 P cess the Application of Applicant, Work of the general nature p ph 4, ("Work") will need to be completed. the "inhouse" staff or resources to process the application w by the Applicant. 2.5. This agreeme oses an arrangement by which Applicant shall retain, and be liable for the costs of retaining, Itant, who shall perform the services required of Consultant by this Agreement solely to, and under the direction of, the City. 2.6. Additiog/:llfacts and circumstances regarding the background for this agreement are set forth on Exhibitc?B; 3. Agreement. Page 1 4-¿~ - -- NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY, CONSULTANT, AND APPLICANT AS FOLLOWS: 3.1. Emplovment of Consultant by ADDlicant. Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting Services", ("General Services"), and in the process of performing and delivering said General Services, Consultant shall also perform to and for the benefit of City all of the services described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services reasonable necessary to accomplish said General ServicE ;~and Detailed Scope of Work, and sh~1I deliver such documents required ("Deliverables") herein, ¡¡II within thetirne frames' set forth, and in particular as set forth in Exhibit A, Paragraph 6, aQ(f;if none are/set forth, wit nable period of time for the diligent execution of Consultant's'~I~ties hereunder. Time i nce of this covenant. :\.: The Consultant does hereby agree to perform Sélid Ge for the primary benefit of the City for the compensation'herein f In delivering the General and Detailed S ereunde Itant shall do so in a good, professional manner consistent with \1'1 of care a ordinarily exercised by members of the profession currently pra liar cond and in similar locations, at its own cost and expense except for om tion a bursement, if any, herein promised, and shall furnish all of the r, t ical, ad tive, professional and other personnel, all supplies and materials, m!lchinery uipment, printing, vehicles, transportation, office space and facilities, calculations, andåll oth eans whatsoever, except as herein otherwise expressly specified to be furnished by the C Applicant, necessary or proper to perform and complete the work and provo e Service red of the Consultant. 3.2, ' Applicantshall c sultant for all services rendered by Consultant without regard to the conclUsions reached Consultant, and according to the terms and conditions set forth in Exhibit C adjac eg g compensation relationship indicated by a "checkmark" next to the appropriate ent paying said amount to the City, within 15 days of Applicant's billing, or in accordan the security deposit provisions of Paragraph 3.3 and Exhibit C, if checked, and upon rec such payment by the City, City shall promptly, not later than 15 days, or in accordance with t Processing procedure in Exhibit C, if checked, pay said amount to the Col'I$ultant. City is me acting in the capacity as a conduit for payment, and shall not be liable f ,." 'compensatio less it receives same from Applicant. Applicant shall not make any ts of compe ion or otherwise directly to the Consultant. i~,. . .1. Additional Work. If the Applicant, with the concurrence of City, determines that iidditional services ("Additional Services") are needed from Consultant of the type Consultant is qualified to render or reasonably related to the Services Consultant is otherwise required to provide by this Agreement, the Consultant agrees to provide such additional services on a time and Page 2 4-~ - .. materials basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional Work between the parties. 3.2.1.1. In the event that the City shall determine that additional work is required to be performed above and beyond the scope of work herein provided, City will consult with Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to arrange and pay for said Additional Services, the City may, at its option, suspend any further processing of Applicant's Application until the Applicant shall deposit the City's estimate of the costs of the additional work which the City deter. is or may be required. Applicant shall pay any and all additional costs for the dditio 3.2.2. Reductions in Scope of Work. City may independently, or upon request the Services to be performed by the Consultant under Consultant agree to meet in good faith and confer for t reduction in the compensation associated with said redu may be unilaterally reduced by the City by the amount of for the Services deleted. 3.3. nsultant by Applicant, Applicant icated on Exhibit C as "Deposit such trust being as indicated on a be entitled to retain from said Deposit all compensation by law or under the terms of this 3. :1.2. All interest earned on the Deposit Amount, if any, shall sed for, Trust purposes. City may, in lieu of deposit into a separate t for said deposit in one or more of its various bank accounts, and tely distribute to the Deposit Trust, the average interest earned undo 3.3.1.1.3. Any unused balance of Deposit Amount, including any unused interest earne hall be returned to Applicant not later than 30 days after the termination ~~this.Agreement andåny claims resulting therefrom. 3.3.1.1.4. Applicant shall be notified within 30 days after of the use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein authorized. Page 3 4-31 lr 11 3.3.1.1.5. At such time as City shall reasonably determine that inadequate funds remain on Deposit to secure future compensation likely due Consultant or City, City may make demand of Applicant to supplement said Deposit Amount in such amount as City shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount ("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be governed by the same terms of trust governing the original Deposit. 3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in order to secure the duty of Applicant to pay Consultant for Services rendered under this agreerT)~~, City shall be entitled to withhold processing of Applicant's Application upon a breach of Appliei!{ t's duty to compen~ate Consul .1: 4. Non-Service Related Duties of Consultant. 4.1. Insurance. Consultant represents that it and its agents, staff nsultants employed by it in connection with the Services required to be rendered, are pro against the risk of loss by the following insurance coverages, in the following and the limits specified, policies of which are issued by Insurance Companies that Best's Rating of "A; Class V" or better, or shall meet with the approval of the City: 4.1.1. Statutory Worker's ComP!f..~satio nee and Employer's Liability Insurance coverage in the amount set forth in the.ijjttache A, Paragraph 10. e' neral Liability Ins ce including Business Automobile forth in Exhibit A, Paragraph 10, combined single limit applied premise d or rented by Consultant, which names City red, and is primary to any policy which the City may ), and whiG ats the employees of the City and Applicant in general public ("Cross-liability Coverage"). missions insurance, in the amount set forth in Exhibit A, rnissions coverage is included in the General Liability policy. 4.2.1. ficates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior t e commencement of services required under this Agreement, by delivery of Certificates of Insur ce demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 4.2.2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Page 4 -4 -.3;t I 11 -..- Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City and Applicant demonstrating same. 4.3. Public Statements. All public statements and releases to the news media shall be the responsibility of the City and the Applicant. The Consultant shall not publish or release news items, articles or present lectures on the Project, either during the course of the study or after its completion, pt on written concurrence of the City and Applicant. 4.4. Communication to Apolicant. Consultant shall not communicate directly to the Applicant ex nce of the or by writing an exact copy of which is simultaneously provided ith thee ess consent of City. The Consultant may request such meeti the Applicant to ensure the adequacy of services performed by Consultant. 5. Non-Compensation Duties of the ApDlicant. 5.1. Documents Access. The Applicant shall provide to the Consultan e City, for the use by the Consultant and City, such documents, or copies of such d equested by Applicant, within the possession of Applicant reasonably usefuno the . t in performing the services herein required of Consultant, including but not limited tQJ. ose dèScribed in Exhibit A, Paragraph 7. 5.2. Propertv Access. permis.$i9ôito the City and Consultant to enter and access the any tesìs,donduct any surveys or reconnaissance necessary t, subject to the approval of the Applicant. Consultant shall bject property occasioned by such entry and shall indemnify, all loss, cost, damage, expenses, claims, and liabilities ch entry and access. Applicant shall not communicate directly to the Consultant except in the presence of the City, or by writing an exact copy of which is simultaneously provided to City, except with the express consent of City. The Applicant may request such meetings as they desire with the Consultant to e the adequacy of services performed by Consultant. Page 5 4-ß3 - .. Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 7. Conflicts of Interest 7.1. Consultant is Desionated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 9, as an "F C filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform t of interest and disclosure provisions. and shall report his economic interests to th . on the required Statement of Economic Interests in such reporting categpjies as are aragraph Exhibit A, or if none are specified. then as determined b~fhe City At . . 7.2. Decline to Participate. Regardless of whether Consultant is designated as Filer, Consultant shall not make, or participate in making or in any way attempt to use ant's position to influence a governmental decision in which Consultant knows or has reaso w Consultant has a financial interest other than the compensation promised by this Agreeme 7.3. Search to Determine Economic Interests, Regardless of whether Consult C Filer, Consultant warrants and represents that Consultant has dili and inventory of Consultant's economic interests, as the term is us ulgated by the Fair Political Practices Commission, and has determined 0 the best of Consultant's knowledge, have an economic interest which Itant's duties under this agreement. 7.4. Regardless of wheth ultant is designated as an FPPC Filer, Consultant further warrants and represents that tant will not acquire, obtain, or assume an economic interest during the terrtroUhisAgree hich would constitute a conflict of interest as prohibited by the Fair Political . esA Consultant is designated as an FPPC Filer, Consultant further that Consultant will immediately advise the City Attorney of City if onomic interest of Consultant's which may result in a conflict of interest air Political Practices Act. and regulations promulgated thereunder. 7.6. Specific Warranties Against Economic Interests. Consultant warrants and represents thaI neither Consultant, nor Consultant's immediate family members. nor Consultant's employees or agents ("Consultant Associates") presently have Page 6 4-~c./ _. .. any interest, directly or indirectly, whatsoever in the property which is the subject matter of the Project, or in any property within 10 radial miles from the exterior boundaries of the property which is the subject matter of the Project, or ("Prohibited Interest"). 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 by Applicant or by any other party as a result of Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. ($,:, Consultant agrees that Consultant Associates shall acquire any such. Prohibited Intetest within the Term of this Agreement, or for 12 months after expiration of this Agreement. Consultant may not conduct or solicit any busin¡fss for a party to this Agreement, or for any third party which may be in conflict with Consultant's res 'ilities under this Agreement. 8. Default of the Consultant for Breach. This agreement may be terminated by the CITY f fault if the Consultant breaches this agreement or if the Consultant refuses or fails to pursu the work under this agreement or any phase of the work with such diligence which would ass its completi a reasonable period of time. Termination of this agreement because of ult of the C t shall not relieve the Consultant from liability of such default. 9. 9.1. Notwithstanding any other section or provisi f this agreement, the CITY shall have the absolute right at any time to terminate this agreement ór any work to be performed pursuant to this agreement. mination ent by the CITY in the absence of default the Co or the reasonable value of the services actually date of such termination, less the aggregate of all sums tvices performed after execution of this agreement and prior t hereby expressly waives any and all claims for damage or his agreement, except as set forth herein, in the event of such 9.4. In the e\!Í:!nt of termination of this agreement, and upon demand of the City, the Itant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all aterials and documents prepared by the Consultant in performance of this agreement, and çtocumênts and materials shall be the property of the City; provided however, that the Consu t/:¡I\t¥:ñ!tfY!t/:Itain copies for their own use and the City shall provide a copy, at Applicant's cost, of aU such documents to the Applicant. Page 7 4-.3-:;- -. .. 9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control or direction over Consultant's work. 10. Administrative Claims Requirement and Procedures No suit 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 of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Ch ista Municipal Code, the provisions of which are incorporated by this reference as if seUully rth herein. 11. Hold Harmless and Indemnification ,'-;, 11.1. Consultant to Indemnifv Citv and Applicant re Iniuries. Consultant shall defend, indemnify, protect and h harmless the C and appointed officers and employees and Applicant from and all claims for da , liability, cost and expense (including without limitation attorneys' arising out of the conduct of the Consultant, or any agent or employees, subcontractors, or 0 of City or Applicant in connection with the execution of the work covered by this Agreement, exc only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant, Consultant's indemnification shall include any an osts, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or e Ap nt in defending against such claims, whether the same proceed to judgment or n ,Co nt at its own expense shall, upon written request by the City or Applicant, ch su action brought against the City, its officers, agents, or employees or Applic ts'in ification of City and Applicant shall not be limited by any prior or subs on byt onsultant. 11.2. A demn d the City harmless against and from any and ore of City, including its elected officials, officers, of the City ("City Indemnitees"), in any way resulting from or s.ation as demanded by Consultant for the performance of 12. ..k.. Applicant agrees to ol;¡t!ìÎII a business license from the City and to otherwise comply with Ch41a Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such business license and to comply with Chula Vista Municipal Code, Title 5. 13,: Miscellaneous. 13.1. Consultant not authorized to Represent Citv. Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have authority to act as City's agent to bind City to any contractual agreements whatsoever. Page 8 4-.3.!- - .. 13.2. 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 for the parties in Exhibit A. 13.3. Entitlement to Subsequent Notices. No notice to or demand on the parties for notice of an event not her be given shall in itself create the right in the parties to any other or further n same, similar or other circumstances. 13.4. Entire Aareement. This Agreement, together with any other written t referred to or contemplated herein, embody the entire Agreement and understanding b rties relating to the subject matter hereof. Neither this Agreement nor any provision hereo ded, modified, waived or discharged except by an instrument in writing executed by the st which enforcement of such amendment, waiver Ot discharge is sought. 13.5. Capacitv 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 principaUo enter into this Agreement; that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. This Agre of California, federal or stat of Chula Vis hereunder er of any provision of this Agreement shall be effective unless the nd signed by the parties hereto, and then shall be valid only in the specific ose for which given. This Agreement may be executed in more Ihan one counterpart, each of which shall be deemed to be an original but all of which, when taken together shall constitute but one instrument. Page 9 4- 3'7 - .. 13.9. Severability. In the event that any provision of this Agreement shall for any reason, be determined to be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and agree to such amendments, modifications, or supplements to this Agreement or such other appropriate action as shall, to the maximum extent practicable in light of such determination, implement and give effect to the intentions of the parties as reflected herein. 13.10. Headings. The captions and headings in this Agreement are f d shall not define or limit the provisions hereof. 13.11. Waiver. No course of dealing or failure or delay, nor the e or delay, or the partial exercise of any right, power or privilege, on the part of the parti erate as a waiver of any rights herein contained. The making or the acceptance of a pa . either party with knowledge of the existence of a breach shall not operate or be construed operate as a waiver of any such breach. 13.12. Remedies. The rights of the parties under this Agreement are eand not exclusive of any rights or remedies which the parties might otherwise have unless reement provides to the contrary. 13.13. No Additional Beneficiaries. Despite the fact that the required p ce under this agreement may have an affect upon perso not parties 0, the parti lIy intend no benefit therefrom, and agree that no perf e hereu ay be enfo any person not a party to this agreement. Notwith gthefo this is a three party agreement and the City is an express third party beneficiary the pr åfiConsultant to provide services paid for by Applicant. End of Page. Next Page is Signature Page.) Page 10 -4 - 3ft r li Signature Page Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hereto on the date set forth adjacent thereto. Dated: City of Chula Vista by: Attest: Beverly Authelet City Clerk Approved as to Form: John M. Kaheny City Attorney Dated: by: Dated: Applicant: Tuchscher Development Enterprises, Inc. by; Exhibit B Additional Recitals Page 1 4-3~ i 1i WHEREAS, the Applicant has deposited an initial sum for the processing of requests for proposals, draft and final EIR's, and all other necessary environmental documents as outlined in Exhibit "8" including a mitigation monitoring program, and WHEREAS, public notice of the required environmental services was given to the Association of Environmental Professionals and in a paper of general circulation, inviting prospective Consultants to submit proposals, letters of interest and/or applications to be on the list of qualified Environmental Consultants, and WHEREAS, the City Manager appointed a selection committee which has in accordance with Section 2.56.230 of the Chula Vista Municipal Code, recommendect:b:\~ abpve noted Consultant to perform the required services for the City, and' , WHEREAS, the Environmental Review Coordinator has rietotiate' agreement in accordance with procedures set forth in Sections 2.56.220-224 0 Municipal Code and Sections 6.5.2 and 6.6 of the Environmental Review Proced Page 2 4-40 - Exhibit A Reference Date of Agreement: December 15, 1998 Effective Date of Agreement: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 Consultant: Cotton Beland/Associates, Inc., Business Form of Consultant: (X) Corporation Address: 6336 Greenwich Drive, Suite F San Diego, CA 92122-5922 Applicant: Tuchscher Development Enterprises, Business Form of Applicant: (X) Corporation Address: 3130 Bonita Roadi'Suite 2QQ Chula Vista, CA 9191 o,~' 1. Property (Commonly known .ress or General D 'ption): The property con. approximately 127 s of land within the area known as the Chula Vista Midbayfro ally located west of Interstate 5 and between F Street and the SweetWater Marsh al ' life Refuge. etail/Entertainment This component Will include a theatre, book store, a music store, 5 restaurants, and smaller retail shops Whiç¡1ii will comprise approximately 163,456 square feet of net floor area. 11 Resort Hotel 'The resort hotel will consist of 450 suites, meeting and banquet space and three restaurants which will comprise approximately 285,000 square feet of net floor area. Residential Approximately 256 units of high rise residential uses are proposed in two 16-story buildings, with 127 units each. Additionally, 743 multi-family units are proposed. Research and Development Approximately 27.6 acres of R&D/Office/light industrial uses are proposed. Retail 4-c./1 - . .. The project proposes approximately 1.12 acres of convenience retail which will comprise approximately 12,196 square feet of net floor area. Park Approximately 8.5 acres of active park uses, plus a 100' linear open space buffer between the residential component and the Sweetwater Marsh NWR are proposed. 3. Entitlements applied for: General Plan Amendment, Local Coastal Plan Amendment, Tentative Map, Final Map, EIR. 4. General Nature of Consulting Services ("Services-- Consultant shall prepare an Environment related documents in compliance with the California Environm 5. Detailed Scope of Work ("Detailed Servi Consultant shall prepare the EIR and related docu nts in conformance with the criteria, standards and provisions of the California Environmental Quality Act. The scope of the EIR work effort shall include all'1ecessary arch, site surveys, verification of existing data and analysis to satisfy the reqUirements QA. A Final EIR was prepared for the approved uses on the site. All vant inform nd environmental studies and analyses from that EI all be used nsultant in th rk pursuant to this Agreement. Consultant shall ka analysis to verification and updating the findings of the studies rthe IR. Consul check EIR document containing, at a minimum, the following sectlo ~' Executive Su The Executive all include a brief summary of the project and proposed actions, as well as a summa f environmental impacts and proposed mitigation measures. Purpose and S ope of EIR The Purp nd Scope section shall contain information relating to the Project's <;omplian h the California Environmental Quality Act and identify the purpose, scope ,lfxlj;\ application of the EIR. 1 Project Description The Project Description shall include a discussion of the location and characteristics of the project, including a statement of the project objectives and proposed discretionary actions. Environmental Impact Analysis This section will address the existing conditions, impacts, mitigation measures and level of impact after mitigation for the following topics: 4-v..). -. .. Land Use and Planning Consultant shall evaluate the consistency of the project proposal with existing General Plan Land use designations and other relevant General Plan issues, including; Land Use Element Goals/Objectives/Policies/Guidelines, Circulation Element designations, Public Facilities Growth Management Thresholds. Consistency with other related plans or policies, including the Bayfront Redevelopment Plan, the Bayfront Specific Plan, the Chula Vista Local Coastal Program, and the Port Master Plan, shall also be addressed. Thi!;l, n will be part of the supporting documentation for the LCP amendment, and theref I provide a detailed analysis of proposed land use changes from the approved LC Geophysical Consultant shall address potential impacts . ted ily,soiLs. Iy, landslides, erosion, groundwater depth and su ce.' oils in the projec are of varying type and suitability for construction. Gro . ater in some areas is shallow and the impacts of such conditions should be evaluatedliWith r t to the revised land uses. Consultant shall provide an independent veriJj¡¡ation 0 existing data utilized in preparation of the previous EIR. Hvdrology/Water Qualitv Consultant shall address potential ill)pacts nges in absorption and redirection of runoff patterns, flooding¡Mater urban runoff, and changes in groundwater characteristics. MeâŠures to r urce pollution are important in the project area due to the proximity to San lego ay. Consultant shall evaluate mitigation concepts from the previous EIR for their technological adequacy and their applicability to the proposE¡(! project. term ding construction vehicle exhaust, dust and II as I impacts from operation of the land uses and lily impact shall be quantified in terms of total pollutant load and represented as a percentage of the regional contribution, ed frqqIÐthe nearest air monitoring stations. noise impacts from project traffic and from proposed uses on the ing noise threshold levels in terms of distance to road centerline Transportation/Circulation Consultant shall perform an analysis of increased vehicular movement, access and parking requirell)ents, including necessary circulation improvements. The analysis shall include exa ' n of impacts to local intersections and roadway segments and shall be conducted in ac ance with the SANDAG's Congestion Management Program. Extensive analysis of traffic impacts was included in the previous EIR. All relevant data and methodology from the previous study shall be used to the maximum extent possible. Bioloçy Consultant shall conduct an analysis of direct and indirect impacts to biological resources. A significant portion of the previous EIR analysis was devoted to biological impacts. Consultant shall thoroughly review and evaluate the extensive data from the previous study and conduct field verification to update th04~d:¡3 _. -- Public Services/Utilities Consultant shall address impacts to the following: Fire Service Police Service Schools Road Maintenance Electricity/Natural Gas Communication Facilities Water/Sewer Storm Water Drainage Solid Waste Recreational Facilities The consultant shall contact service purveyors termine the level of impact in these areas. Aesthetics Consultant shall address impacts associated dform alteration, views, aesthetics and light and glare. An extensive visuaiimpa . was conducted for the previously approved project. The proposed project, be reduced scale, is expected to have fewer visual impacts. The EIR ¡¡pÒuld pro, . asic visual simulation comparing the existing undeveloped condition;tè"the approved LCP, and to the proposed project. The analysis shall include up to wpoints, Cultural Resources Archaeological, paleontological and historic ources were evaluated in previous studies. Co t shall make refEjrence toiprevio dies and render conclusions based on that . h respect t e proposed p ject. the CEQA Guidelines, consultant shall provide an analysis atives. This analysis shall include at least three alternatives, ernative, existing land use designations, reduced densities of n analysis of potential alternative sites. Cumulative 1m Consultant shall dress cumulative impacts in accordance with Section 15130 of the CEQA Guidelines. T analysis shall be based on a list of projects provided by the City. Cumulative effects for each relevant issue shall be discussed and the scope of the analysis all be based on the range of impact for each issue. Quantification of cumulative impacts II be provided where appropriate. j, Growth-Inducing Impacts This section shall address the project's potential to foster new growth in the City and the region, in accordance with Section 15126(g) of the CEQA Guidelines. Other Required Sections Consultant shall discuss the relationship between local short-term uses and Ihe maintenance and enhancement of long-term productivity, the irreversible environmental changes that would result from the proposed action and the effects found not to be significant. 4 -t./-'-{ -. .. Mitigation Monitoring and Reporting Program Consultant shall prepare a Mitigation Monitoring and Reporting program (MMRP) at the Draft EIR stage which shall include monitoring team qualifications, specific monitoring activities, a reporting system and criteria for evaluating the success of the mitigation measures. Candidate CEQA Findings Consultant shall prepare candidate CEQA Findings that shall~specify which mitigation measures have been incorporated into the project, as well as those feasible measures that have not been incorporated. The Findings shall also identify feasible alternatives that could reduce adverse projects impacts but that are not being selected and ey have b rejected. If applicable, Consultant shall prepare a Statement of Overri Appendices The Appendices of the EIR shall include a copy letters and any technical studies relevant to the E Final EIR Consultant shall prepare Responses to Comm IR and provide any necessary revisions to the text of the Dr EI Notices Consultant shall prepare and ute, in"a dance" with City procedures and the requirements of CEQA, all publi tices relevant to the EIR for the project including, but not limited to the Notice of Pu. , Notice of Completion and Notice of Determination. Consul n a pr manner at cost and expense, furnish all of the labor, technic ative,nal and other personnel, all supplies and materials, machinery, equipment, g, vehicles,"transportation, office space and facilities, calculations, and other means, except ex specified to be furnished by the City or property owners, necessary or proper to perform plete the~9rk and provide the services required of the consultant. consul~nt shall provi theC"" ith the following number of documents. Any printing in excess of ~ eerein specified win~ mbursed on a time and materials basis, with Q.dQr authorization fro. e City contract admi rator, only. ~~ 0 Twenty (20) copies of the Screencheck EIR, MMRP and Appendices; 0 One hundred (100) copies of the Draft EIR, MMRP and Appendices; 0 One hundred (100) copies of the Final EIR and Appendices; 0 One (1) reproducible master copy of the FEIR suitable for reproduction by City equipment provided in a three-ring binder; 0 Any related technical data or studies generated in conjunction with preparation of the EIR; and 0 One computer disk copy of the EIR and related documents that can be read by a Word Perfect 5.1 Program. Consultants shall provide Senior or Project Manager level staff and necessary sub- consultants at meetings and hearings throughout the EIR process. Any additional time required to attend staff meetings, public meetings, public hearings or other meetings not 1-"¡Ç- .,.. " ..- listed below shall be negotiated as a contract amendment. Attendance at the following minimum number of public meetings and hearings will be required. 0 Ten (10) Project initiation, scoping and issue resolution meetings with the City and Applicant; 0 One (1) Resource Conservation Commission meeting; 0 Two (2) Planning Commission public hearings on the 0 One (1) Planning Commission hearing 011 the documents; and 0 At least two (2) City Council presentations on the FEIR and related environmental documents 6. Schedule, Milestone, Time-Limitations within which to Perform Date for Commencement of Consultant Services (X) Same as Effective té of Agreement Dates or Time Limits for 0 of Deliverables: . Deliverable No. EIR: within 13 weeks of completed Draft EIR, Mitigation Monitoring Program: within three weeks of receipt of staff comments on Screencheck ',~ Dråft Response to Comments: within 6 weeks of close of public review period Final EIR: within 8 weeks of close of public review period Deliverable No.5: Candidate CEOA Findings: within 4 weeks of completion of Final EIR Dates fgç,çgmpletion of all Consultant services: ..', Within 40 weeks of submittal of completed application 7. Documents to be provided by Applicant to Consultant: (X) site plans (X) grading plans (X) architectural elevations (X) project description. (X) other: Geotechnical Studies 8. Contract Administrators. City: Joseph Monaco, Environmental Projects Manager 4-i./fø - .. Applicant: William Tuchscher Consultant: John Bridges, Principal 9. Statement of Economic Interests, Consultant Reporting Categories, per Code; (X) Not Applicable. Not an FPPC Filer. 10. Insurance Requirements: (X) Statutory Worker's Compensation Insuranc (X) Employer's Liability Insurance coverage: $ ,000. (X) Commercial General Liability Insurance; $1, ,000. (X) Errors and Omissions insurance: $250,OOÒ (not included in Commercial General Liability coverage). 4-4-7 _. -- Exhibit C Compensation Schedule and Deposit Terms and Conditions. (X) Single Fixed Fee Arrangement. For performance of all of the General and Detailed Services of Consultant as herein required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below: (X) Single Fixed Fee Amount: $139,712 Milestone or Event Amount orPercent of Fixed Fee 1. Signing of this agreement by all parties and upon the $27,942 of the contractor. 2. Acceptance of completed Screencheck EIR $41,914 3. Acceptance of completed Draft EIR and Mitigation $27,942 Program 4. Acceptance of Final EIR and Candidate CEQA Finding $27,942 5. Completion of al Consultant Work $13,972 Deposit vanced in increments in accordance with the Project Processing e duty and liability of Applicant to pay Consultant, if this paragraph of billing by Consultant, and determination by City in good faith that , a judgment for which Applicant agrees to hold City harmless and waive ity shall pay Consultant's billing from the amount of the Deposit. If e propriety of a billing to City in advance of payment, City shall consider any evidence submitted prior to the due date for the payment of said bill by its good faith determination of propriety. (X) . BiWÞrocessing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly B. Day of the Period for submission of Consultant's Billing: (X) First of the Month 4-4</ - . C. City's Account Number: 4-4' - -- JOINT REDEVELOPMENT AGENCYICOUNCIL AGENDA STATEMENT Item S- Meeting Date 12/15/98 ITEM TITLE: COUNCIL RESOLUTION /q3¿¥ AGENCY RESOLUTION /1>14 AMENDING THE FY 199B-99 COMMUNITY DEVELOPMENT DEPARTMENT BUDGET TO ADD STAFF AND RELATED COMPUTERS, OFFICE EQUIPMENT, AND RESOURCES, AND AMENDING THE FY 199B-99 REDEVELOPMENT AGENCY, CDBG AND HOME PROGRAM BUDGETS TO REIMBURSE THE GENERAL FUND FOR THESE COSTS SUBMITTED BY: Community Development Director <-~ ç, REVIEWED BY: Executive Directo~ (4/5ths Vote: Yesà No-.J BACKGROUND: In light of recent City departmental changes as well as the anticipated increased workload for the Community Development Department, the City Manager requested that the department evaluate staffing and resource needs and bring forward to Council a request for additional resources. The Department is recommending improvements in the areas of staffing, training and professional development, computers/office equipment, and other related resources. RECOMMENDATION: That the City Council and the Redevelopment Agency approve the resolution amending the 1 99B-99 Community Development Department, CDBG, HOME Program and Redevelopment Agency budgets to add staff and related computers, office equipment and resources. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: DEPARTMENT BUDGET REQUEST The report will summarize the requested resources in the following general categories: 1) Personnel, 2) Computers/Office Equipment, 3) Training/Professional Development, and 4) Office Furniture/Improvements. Before discussing the request in detail, it is important to note that the Oepartment staffing request is purposely focused on short.term needs because of: 1) the commitment to ensuring that actual workload demand warrants additional staff, 2) the unknown impacts of filling two existing vacancies, and 3) the acknowledgment that 5- ( -. .. -.- Page 2, Item Æ Meeting Date 12/15/98 economic and other organizational circumstances could change in the near future. Therefore, the Department will likely, as part of next year's budget process, elect to request further staffing if necessary and appropriate. The tables below summarize the department request by funding source and by general categories, As indicated, the total requested budget increase is $110,695 to be spread over the four identified non-General Fund sources, REQUEST: FUNDING SOURCE: Personnel $46,695 RDA $78,724 ComputerslOffice Equipment 50,250 lOW/MOD 22,542 T raining/Professional Development 6,750 CDBG 8,071 Office Furniture/lmprovements 7,000 HOME 1,358 TOTAL $110,695 $110,695 1. PERSONNEL The Department proposes to add one f1) new position, "Senior Planner," and reclassify two f2) existing positions assigned to the Economic Development and Housing divisions from Community Development Speciafist 1/11 to Senior Community Development Specialist. Included as Attachment 1 is the department organizational chart which reflects the existing staffing arrangement and highlights the proposed changes. As indicated, the Department currently has a total of seventeen (17) positions organized within three (3) major divisions: Redevelopment. Housing, and Economic Development. The addition of the Senior Planner position would bring the total positions in the Department to eighteen (18) comprised of fourteen (14) professional and four (4) support staff. Senior Planner $21,940 With the recently approved merger of Planning with Building and Housing, Council was made aware of the challenges facing the Planning and Building Department over the next several years relative to the dramatic growth to the east. Community Development is similarly challenged as well in order to respond to rising demands from the development community and the need to increase proactive efforts in the areas of affordable housing generation and economic development projects and programs. As a result, both the Community Development and Planning and Building departments concur that Community Development should have a Senior Planner position dedicated solely for Community Development projects. The Senior Planner (a middle management position equivalent to the Environmental Projects Manager and the Principal Community Development Specialist) will be utilized and function in a similar manner as the Department's .$~.¿ - u Page 3, Item .§ Meeting Date 12/15/98 Environmental Projects Manager, The position will be responsible for overall day. to-day coordination and processing of the planning components of Community Development projects, including ensuring that the Planning and Building Department is consulted on planning policy issues. The individual would be the Planning Department's contact person and held responsible for handling most planning matters on Community Development projects just as the Environmental Projects Manager is responsible for environmental compliance matters, The Department also plans to utilize outside planning consultant firms on an as-needed project.by-project basis. The Senior Planner will be responsible for managing the consultants. The individual selected for the position will need to be able to interact effectively with the development community, while also understanding City planning policies and working well with the Planning and Building Department to gain consensus on planning policy issues. In evaluating comparable positions in the Planning Department, it was determined that the "Senior" classification would be the best fit for the needed knowledge and skill level to perform the expected duties. The current year fiscal impact of the position (salary and benefits from March 1) will be $21,940 with a projected fiscal impact in FY 99-00 of $71,650. Since the position will be working on all department development projects, it can be funded from RDA (65%), low/Mod Housing (20%), CDBG (10%), and HOME (5%) funds. Communitv Develooment Soecialist 1111 Reclassifications $6,390 The Departmenl is also requesting reclassifications of two (2) Community Development Specialist 1/11 positions to "Senior Community Development Specialist" The positions are currently assigned to the Economic Development and Housing Divisions. Current staffing in the Housing Division is: a Housing Coordinator and two (2) CD Specialist 1/11 positions. The focus of the Specialist position has changed over time from a training position to that of a skilled journey-level. Workload necessitates that the incumbent have responsibility for effectively handling compliance monitoring and program development/implementation for the increasing volume and sophistication of affordable housing projects and programs. The Housing Division has a full complement of projects and programs that are underway and emerging. As these projects and programs come on-line, there will be an increasing need for compliance monitoring and other higher level functions that currently fall outside of the job description for the Community Development Specialist 1/11 classifications, The current year impact is projected to be $2,607 with an anticipated impact for FY 99-00 of $5,033. The Economic Development Division is currently staffed by an Economic Development Manager and one Community Development Specialist 1/11. The requested reclassification of the Community Development Specialist 1/11 would reinstate the classification level the division had previously. Recently, due to the need for higher level project management personnel in the Redevelopment Division, the only existing Senior classification in the Department was reassigned from Economic Development to Redevelopment and was backfilled with a vacant Community Development Specialist 1/11 position. The Economic Development Division needs a Senior Community ~~.3 - Page 4, Item $ Meeting Date 12/15/98 Development Specialist position in order to effectively respond to existing high priority demands of program development, project management and business outreach. The current year fiscal impact will be $3.783 with an anticipated impact for FY 99.00 of $7,458. The increased compensation for the current year will be absorbed by the Redevelopment Agency, but in future years the position will be subject to some level of funding from the General Fund which is currently set at approximately 35%. If the same percentage funding from the General Fund is applied to this position next year, the impact of the reclassification action to the General Fund would be approximately $2,610 (35% of $7,4581. Redevelooment Coordinator $18,365 The Department would like to recruit for a new Redevelopment Coordinator in January, The incumbent will be retiring in May 1999. The expectation is that the new Coordinator will be able to be mentored by the current Coordinator and therefore have benefit of valuable history and insight on the projects that he/she will be responsible for pursuing when they come on board. If approved, it is anticipated that the new Coordinator can be hired by March 1 thereby resulting in an overlap period of approximately three (3) months and a corresponding approximate fiscal impact of $18,365 (salary and benefits I. In order to accomplish this, the Department requests Council approval of a .25 "Redevelopment Coordinator" position to be added to the Department's budget for the anticipated overlap period of March 1 through May 31,1999. The additional position will be eliminated when the incumbent retires in May. 2. COMPUTERSIOFFICE EQUIPMENT Attachment 2 is a summary list of all of the requested enhancements for reference. There are a number of smaller items listed, however for purposes of this report, the larger or significant items are discussed below, a. Purchase four (4) new personal computers and monitors. $9,000 One (1) for the new Senior Planner position if approved, and three (3) to replace the remaining 486's in the Department. This will then result in each member of the department having a pentium computer with the capabilities to run the same software to share documents and communicate more effectively in an intra. department "network" environment. This request was reviewed and approved by Management Information Systems (MISI. b, Purchase a Department Opaque Projector and Laptop System $10,000 (presentation hardware system). The City currently has two (21 presentation systems purchased by the Police Department which are "loaned" out on a request by request basis. Although this has proven to be sufficient to date, the Department, given the business we conduct, is in need of a separate Department system that can be available for use at all s--1 Page 5, Item S Meeting Date 12/15/98 times. The Department is confident that if the system is readily available, it will be used for a variety of other expanded uses and opportunities. The estimated cost of a new system is $10,000. c. Color Copier. $10,000 The City currently takes color copying jobs to outside vendors (such as Kinko's) at a $1 to $2 per page depending on the size of the paper. The Department feels strongly that the copier will be cost effective over the long run when considering the "per page" and staff time cost savings. The Department's marketing efforts and products have dramatically increased over the last year or so both in terms of the number of product types, as well as quality. For large jobs, particularly business recruitment presentation and proposal packets, the print jobs need to be sent to an outside vendor at a substantial cost. Staff would like to further expand our marketing capabilities and efficiencies. The addition of a color copier will have a positive impact on that effort. We anticipate doing a variety of specialized economic development marketing efforts for the Bayfront, Downtown, and Otay Valley which are all Council "Areas of Improvement" (see Department work plans). Although the copier would be located in the Community Development Department, other departments will also use it for a variety of Citywide purposes including a number of our Citywide public information programs. d. Aerial Photographs. $12,800 This request is to update and replace the existing Citywide framed aerials (as well as add a few new ones) that are utilized throughout the City including the Mayor, Administration, and other City Department Heads. There are a number of developments (including the Otay Ranch annexation) that have occurred since the previous version (June 1994) so it is in need of an update. The request is for thirty (3D) aerials at approximately $400 each or $12,000. Two of the 30 will be mounted on foam board which can then be used for meetings and presentations. Additionally, this request includes four individual project area aerials mounted on foam board for the Bayfront, Town Centre I, Otay Valley Road, and Southwest project areas. These tools would be extremely beneficial for meetings and presentations and are approximately $200 each for a total of $800, 3. TRAINING/PROFESSIONAL DEVELOPMENT $6.750 The current combined Department training and professional development budget is $9,250. The Department requests an additional $3,900 for training and $2,850 for conferences and professional development. The combined training and professional development request would, in essence, restore the budget to the previous level before the necessary budgetary cutbacks over the last five years. The increased budget will allow for staff to attend workshops and annual conferences, pay individual and Department professional association dues, take professional development courses of study, and other specialized training and professional development that would 5--.s- 1 F Page 6, Item ~ Meeting Date 12115/98 not be covered or offered through the new Training and Development Division in the Human Resources Department. 4. OFFICE FURNITURE/IMPROVEMENTS a. Office Furniture $3,500 The major requests for new office furniture is for the new Senior Planner ($2,000) and the Community Development Specialist in the Housing ~ivision ($1,500). The new Senior Planner will need a desk, chair, credenza, bookshelf, filing cabinet and two (2) side (visitor) chairs. The CD Specialist in Housing inherited furniture which is in bad need of replacement. The request is for desk, bookcase, and filing cabinet. There are two other minor requests which can be reviewed on Attachment 2. b. Office Improvements $2,000 The only request for physical improvements is for a new floor "counter height" work cabinet that will be necessary for the color copier area. The cabinet/counter will have built in storage space for supplies and materials, as well as provide for much needed working space for putting together work products associated with the color copier. It is anticipated that the Department will submit a few minor CIP requests in next year's budget for other minor improvements to the main Community Development building as well as the Housing Division suite in the legislative Office Building. SUMMARY: The recommended budget increase will enhance Community Development staff's ability to address the existing workload demands in the Department. As stated previously, however, the Department may request additional staffing resources as part of next year's budget depending on existing and anticipated workload issues at that time. FISCAL IMPACT: All costs for additional staff, equipment, training, and miscellaneous requested resources totaling $110,695 will be covered by existing available reserves from the Redevelopment Agency project area funds ($78,724), the low and Moderate Income Housing Fund ($22,5421, Community Development Block Grant funds ($8,071), and HOME funds ($1,358). Attachment 3 identifies the cost of each requested item, and corresponding funding source percentages and amounts. The redevelopment project area portion ($78,724) is to be funded through a loan repayment from the Otay Valley Road existing fund balance to Bayfront, which in turn will be used to reimburse the General Fund for the additional expenditures. .::;- - ~ IIlHI H'IHOMEICOMMOEVISTAFF.REPI11.24.98ICOSTAFF 10ee,mb" 9, 199811 AGENCY RESOLUTION NO. 1,,4 and ..¡ COUNCIL RESOLUTION NO. ~ JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AMENDING THE FY 1998-99 COMMUNITY DEVELOPMENT DEPARTMENT BUDGET TO ADD STAFF AND RELATED COMPUTERS, OFFICE EQUIPMENT, AND RESOURCES, AND AMENDING THE FY 1998-99 REDEVELOPMENT AGENCY, CDBG AND HOME PROGRAM BUDGETS TO REIMBURSE THE GENERAL FUND FOR THESE COSTS WHEREAS, due to an increased workload in the Community Development Department, the City Manager directed Community Development to evaluate staffing and resource needs; and WHEREAS, the Community Development Department is recommending improvements in the areas of personnel, computers and office equipment, training and professional development, office furniture and other related resources; and WHEREAS, the additional costs will be fully reimbursed by increased reimbursement revenues from the Redevelopment Agency, Low/Moderate Income Housing Fund, CDBG and HOME programs; and WHEREAS, the Community Development Department is requesting one (1) new Senior Planner position, a .25 Redevelopment Coordinator position and the reclassification of two (2) Community Development Specialist 1/11 positions to Senior Community Development Specialists. NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency of the City of Chula Vista do hereby approve an amendment to the 1998-99 Community Development Department, CDBG, HOME Program and Redevelopment Agency budgets in the amount of $110,695 to add staff and related computers, office equipment and resources funded by unanticipated reimbursements from CDBG, HOME Program, and the Redevelopment Agency. BE IT FURTHER RESOLVED that the budget increases will be applied as follows: 1) Personnel $46,695 2) Computers/Office Equipment 50,250 3) Training/Professional Development 6,750 4) Office Furniture/Improvements 7000 TOTAL $110,695 BE IT FURTHER RESOLVED that the budget increases will be fully reimbursed from the following sources and that the Redevelopment Agency portion will be funded by the partial repayment of a loan from Otay Valley to Bayfront in the amount of $78,724. 1) Redevelopment Agency $78,724 2) Low/Moderate 22,542 3) CDBG 8,071 4) HOME 1 358 TOTAL $110,695 $-7 BE IT FURTHER RESOLVED that the Community Development Department budgeted positions will be amended to add one (1) Senior Planner; a .25 Redevelopment Coordinator and reclassify two (2) Community Development Specialist 1/11 positions to Senior Community Development Specialists. Presented by Approved as to form by ~~~ ~ Chris Salomone Director of Community Development IILHI M,\HOME\COMMDEV\RESDS\cDSTAFF.RES !D",mb" 10. 1998 (11 ,23,mll .,r-g' - -- ATTACHMENT 1 COMMUNITY DEVELOPMENT DEPARTMENT FY 1998-99 I COMMUNITY DEVELOPMENT DIRECTOR I ASSISTANT COMMUNITY I DEVELOPMENT DIRECTOR I I REDEVELOPMENT HOUSING/CDBG ECONOMIC DEVELOPMENT . REDEVELOPMENT COORDINATOR . HOUSING COORDINATOR . ECONOMIC DEVELOPMENT . PRINCIPAL COMMUNITY . ~ COMMUNITY MANAGER DEVELOPMENT SPECIALIST DEVELOPMENT SPECIALlST-# . (SENIOR! COMMUNITY . PRINCIPAL COMMUNITY . COMMUNITY DEVELOPMENT DEVELOPMENT SPECIALlST-# DEVELOPMENT SPECIALIST SPECIALIST I . COMMUNITY DEVELOPMENT . SENIOR COMMUNITY SPECIALIST I DEVELOPMENT SPECIALIST I I ENVIRONMENTAL AND PLANNING SERVICES . ENVIRONMENTAL PROJECTS MANAGER ! SENIOR PLANNER SUPPORT STAFF . SECRETARY TO THE REDEVELOPMENT AGENCY . ADMINISTRATIVE SECRETARY . ADMINISTRATIVE SECRETARY . SECRETARY $-9 ATTACHMENT 2 I I SUMMARY LIST OF DEPARTMENT REQUESTS PERSONNEL: 1. Add one (I) Senior Planner position thereby bringing the total positions in the Department to eighteen (18). 2. Upgrade two (2) Community Development Specialist IIII positions to Senior Community Development Specialist assigned to the Economic Development and Housing divisions. Department to have a total of three (3) Seniors and two (2) Community Development Specialists !/II's. 3. Recruit for a new Redevelopment Coordinator in advance of the incumbent's planned retirement in May 1999. Estimated three month overlap fiscal impact. TRAINING!PROFESSIONAL DEVELOPMENT: 1. Current training budget is $1,500 lor 18 employees ($83.33/ea.). Increase to $300/ea. or $5,400. Net increase of $3,900. 2. Current Travel budget for "non-Economic Development" purposes is $2,550 for 18 employees ($170/ea.). Increase to $300/ea. or $5,400. Net increase of $2,850. COMPUTERS/OFFICE EQUIPMENT: 1. Add one (I) new computer for new Senior Planner position. 2. Replace the three (3) remaining 486 computers (and monitors). 3. Replace the six (6) small (l3-inch) monitors from the old pentiums with new 17-inch monitors. 4. Add one (I) new LSI V laser printer in the Housing Division. 5. Add one (I) color printer for the main office building. 6. Presentations Hardware System (Opaque Projector and Laptop). 7. Color copier to be located in main building. 8. Digital camera. 9. Miscellaneous computer workstation/office supplies for staff. 10. Replace existing framed City aerials and add additional one for other Department and City staff. total of 30 @ $400/ea. for a total of $12,000. 11. Update four (4) Project Area aerials @ $200/ea. for a total of $800. OFFICE FURNITURE!lMPROVEMENTS: 1. One (I) professional desk, credenza, manager's chair, filing cabinet, bookshelf and two (2) side chairs for the new Senior Planner position. 2. 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