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Tuesday, October 7, 1997 DI\Thæl~ß:LSIGNEDJX¡.",~ l~' '1 Council Chambers
4:00 p.m. Public Services Building
(immediately following the City Council meeting)
Joint Meeting of the RedeveloDment Agencv/Council of the Citv of Chula Vista
CALL TO ORDER
1. ROLL CALL: Agency/Council Members Moot -' Padilla -'
Rindone -, Salas -' and Chair/Mayor Horton -
CONSENT CALENDAR
( Items 2 through 5 )
(Will be voted on immediately following the Council Consent Calendar during the City Council meeting)
The staff recommendations regarding the following item listed under the Consent Calendar will be enacted by
the Agency/Council by one motion without discussion unless an Agency/Council member, a member of the public
or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please
fill out a "Request to Speak Form" available in the lobby and submit it to the 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: September 16, 1997
3. a. RESOLUTION 1557 APPROVING PRELIMINARY PLAN FOR THE AMENDMENT
TO THE TOWN CENTRE I REDEVELOPMENT PLAN--The
Agency directed staff to proceed with amendments to the Bayfront and
Town Centre I Redevelopment Plans to allow additional time for
removal of blighting conditions and impediments that prohibit the
Agency from completing its redevelopment goals and objectives in each
Project Area. In addition, the Agency proposes to amend the Bayfront
Redevelopment Plan to add approximately 145 acres of Port District
property in order to facilitate redevelopment of these properties as well.
Approval of the Preliminary Plans is the first step in the plan
amendment process. Staff recommends approval of the resolutions.
(Community Development Director)
b. RESOLUTION 1558 APPROVING PRELIMINARY PLAN FOR THE AMENDMENT
TO THE BA YFRONT REDEVELOPMENT PLAN
4. AGENCY APPROVING A PROFESSIONAL SERVICES AGREEMENT
RESOLUTION 1559 WITH KEYSER MARSTON ASSOCIATES, INC. TO SERVE AS
AND A MARKET ANALYST AND FINANCIAL FEASmILITY
COUNCIL CONSULTANT TO THE CITY OF CHULA VISTA AND CHULA
RESOLUTION 18791 VISTA REDEVELOPMENT AGENCY ON A PROJECT-BY-
PROJECT BASIS--Until expiration of their contract, Keyser Marston
Associates, Inc. had been the City's consultant for the last several
years. On 7/2/97, staff sent requests for qualifications to 25 firms; 5
firms responded. A City Manager/Executive Director-approved panel
reviewed the proposals and interviewed each firm. Based upon the
panel's recommendation, staff recommends approval of the resolution.
(Community Development Director)
Agenda -2- October 7, 1997
5. RESOLUTION 1560 EXTENDING THE OWNER PARTICIPATION AGREEMENT WITH
LAWRENCEM. AND STEPHEN p, CUSHMAN, DATED SEPTEMBER
1, 1992, FOR A PERIOD OF TWO YEARS-eOn 09/01/92, the Agency and
owners of approximately 10 acres of property located at 517 Shinohara Lane
entered into an Owner Participation Agreement. On 03/01/94, the Agreement
was extended for two years; and then on 11/07/95, the agreement was
extended for an additional two years. The Owners have graded the site but
have not applied for building perntits due to adverse economic conditions
impacting industrial development in the region, The owners are now
requesting an extension until 10/17/99 in order to apply for building permits
and start construction. Staff recommends approval of the resolution,
(Community Development Director)
* * * END OF CONSENT CALENDAR * * *
ADJOURNMENT TO CITY COUNCIL MEETING
At this time, the Redevelopment Agency will adjourn to the Council meeting,
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ORAL COMMUNICATIONS
This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within
the Agency's jurisdiction that is not an item on this agenda, (State law, however, generally prohibits the
Redevelopment Agency from taking action on any issues not included on the posted agenda,) If you wish to
address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form"
available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the
meeting. Those who wish to speak, please give your name and address for record purposes andfollow up action.
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the
Redevelopment Agency or the City Clerk prior to the meeting.
6. PUBLIC HEARING CONSIDERATION OF AN AMENDED AND RESTATED OWNER
PARTICIPATION AGREEMENT WITH SCRIPPS HEALTH FOR THE
EXPANSION OF HOSPITAL AND RELATED FACILITIES AT THE
NORTHEAST CORNER OF "H" STREET AND FIFTH A VENUE--
Scripps has requested that this item be continued to the meeting of October 21,
1997, (Community Development Director)
Agenda -3- October7,1997
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the Redevelopment Agency/City Council 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/Council Members,
OTHER BUSINESS
7. DIRECTOR'S REPORT(S)
8. CHAm'S REPORT(S)
9. AGENCY MEMBER COMMENTS
ADJOURNMENT
The meeting will adjourn to the Regular Redevelopment Agency Meeting on October 21, 1997 at 6:00 p,m.,
immediately following the City Council meeting, in the City Council Chambers,
....***...
CLOSED SESSION
Unless Agency Counsel, the Executive Director, or the Redevelopment Agency states otherwise at this time, the
Agency will discuss and deliberate on the following item(s) of business which are permitted by law to be the
subject of a closed session discussion, and which the Agency is advised should be discussed in closed session to
best protect the interests of the City, The Agency is required by law to return to open session, issue any reports
of.fi11!!l action taken in closed session, and the votes taken. However, due to the typical length of time taken up
by closed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency's
return from closed session, reports of 1ËY!1 action taken, and adjournment will not be videotaped, Nevertheless,
the report of final action taken will be recorded in the minutes which will be available in the Office of the
Secretary to the Redevelopment Agency and the City Clerk's Office.
10. CONFERENCE WITH LEGAL COUNSEL REGARDING -Existin!!Liti!!ationPursuant to Government
Code Section 54956.9
. Travis A. Reneau, et al. v. the Redevelopment Agency of the City of Chula Vista, et al.
[M:IHOMEICOMMDEVIAGENDASll 0-07 -97 ,RDA]
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MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY
OF THE CITY OF CHULA VISTA
Tuesday, September 16, 1997 Council Chambers
6:07 p.m, Public Services Building
CALL TO ORDER
1. ROLL CALL:
PRESENT: Members: Moot, Padilla, Rindone, Salas, and Cbair Horton
ABSENT: Members: None
ALSO PRESENT: Assislanl Director, Sid W, Morris; City Attorney, John M. Kabeny; and City
Clerk. Beverly A. Authelet.
2. APPROVAL OF MINUTES: August 19, 1997
MSUC (Salas/Horton) to approve the minutes of August 19, 1997.
ORAL COMMUNICATIONS
There were none,
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
3. PUBLIC HEARING: TO CONSIDER GRANTING CALIFORNIA MULTI-MODAL, INC. AND
H,G. FENTON MATERIAL COMPANY A SPECIAL USE PERMIT, SUPS-96-06, TO CONTINUE
OPERATING A TEMPORARY TRUCK TERMINAL/TRAILER STORAGE YARD AT 2451 FAIVRE
STREET FOR A PERIOD OF TWO VEARS--The parcel is located in the Montgomery Community located in
the Southwest Redevelopment area, The Environmental Review Coordinator has reviewed the project and has issued
a Mitigated Negalive Declaration. Staff recommends approval of the resolulion, (Community Development
Director)
RESOLUTION 1556 ADOPTING MITIGATED NEGATIVE DECLARATION ISSUED ON IS-96-
08, AND APPROVING A SPECIAL USE PERMIT FOR A TRUCK TERMINAL/TRAILER STORAGE
YARD AT 2451 FAIVRE STREET
Member Moot stated that his law finn recently hired Rebecca Michaels as a partner. Her husband is employed by
Fenton, so it would preclude bim from participating in Ihis matter under the FPPC rules. TheretiJre, he would be
abstaining on the item, and he letì the dais.
Martin Miller, Associate Planner, presenled the slaff report. He reviewed changes in the Resolution 1556. Staff
received a letter from the applicant's attorney requesting a modification to the wording. Tberefore, we are deleting
a once per month review in the remaining 15 months of a two year Use Permit. The first 9 months of this Use
Permit, the mitigation monitor will be monitoring California Multi-Modal 10 insure that the mitigation measures for
the mitigated negative declaration are implemenled. As the wording has been revised, there will not be inspections
for the remaining 15 months unless called for by city staff. This varies from the recommendation of the plauning
comntission which was that there be monitoring every month IÒr the entire 24 months, The applicant has concurred
with these changes.
Member Salas stated she has been interested in this item since she was on Ihe planning commission which was about
a year ago, In reading the staff reporl, she did not see where in the time since she was on the planning commission
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Minutes
September 16, 1997
Page 2
that the company has taken any active steps to clear up some of the issues that the planning comntission had, In
particular, the problem of the dust. At the planning commission meeling, the company slaled they were spraying
the dust down once every six months. The planning commission recommended that the company spray for the dust
at least quarterly. She wanted to know if the company complied with that on their own since the matter was
continued for two weeks, but actually we are reviewing it again atter almost a year.
Mr. Miller responded that over the last year, staff has been to the site a number of times, California Multi-Modal's
management has gone to great lengths to insure that the dust has been reduced to a point where there is no impact.
At the August 13 planning comntission meeling, one of Ihe area residents did commend the company on their actions
since that public hearing a year ago, because there was no generation of dust at this point. They are spraying
magnesium chloride along the frontage of Faivre Street as well as on the area where they drive the trucks.
Magnesium chloride is a salt-based substance which occurs naturally and is perfectly sate 10 spray and apply in the
quantities needed to control the dust.
Member Salas staled that the street narrows at the interseclion of Jacqua and Faivre, A year ago, the planning
comntission talked about the company having to widen the street as one of the conditions of the Use Permit. Is this
going to be required of them,
Mr, Miller responded that this particular land use was originally approved in 1990, They requested an extension
in 1993. As a part of that extension, there was a requirement tf)f dedication, widening, and construction of curb,
gutter, and sidewalks from the engineering department. Fenton requested and received a deferral for three years
until 1996. Since that time, the Main Sireet capilal improvement projecl has been underway and part of that project
will have storm drain improvements coming down Main Street, Jacqua Street, and portions of Faivre Street
generally in this area of the intersection, Siaff consulted with Fenton and CMI about this, and it was the general
conclusion that rather than requiring the improvements to be construcled at this time, to have the work done
concurrent with the storm drain project.
Member Salas asked if there would be another application for an extension after this for CMI to conlinue operating
at that parlicular location after two years, She did not want to see was a continual delay in their having to make
these improvements because it is something which is not fair to the residents to have to put up with that. She felt
we have been very lenient with this company,
Mr. Marlin responded that the life span of this parlicular Use Pennil is Iwo years. At the end of the two year
period, it becomes null and void, If they want 10 request continuance of this particular land use at Ihat localion,
the zoning ordinance would require that both this parcel and the CMI parcel be combined in one larger special use
permit for the entire operation of California Multi-Modal.
This being the time and place as advertised, the public hearing was opened, Addressing Council was:
. Paul A, Peterson, 530 "B" Sireet. No, 2300, San Diego, representing CMI. They were in favor of the
staffs recommendation,
There being no one else indicating a desire to speak, the public hearing was closed,
RESOLUTION 1556 OFFERED BY MEMBER SALAS, headin~ waived, text read, passed and approved 4-0-
0-1 (Moot abstaining).
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Minules
September 16, 1997
Page 3
OTHER BUSINESS
4. DIRECTOR'S REPORT(S) - none
5. CHAIR'S REPORT(S) - none
6, AGENCY MEMBER COMMENTS
Member Rindone felt that tbe advent of the dental office on the northeast corner of "E" Street and Fourtb Avenue
could start the revitalization along that corridor, not only from Fourth and E, but all the way to Bank of America.
He requested a simple status report as 10 where we were regarding the northern portion of Town Centre 1.
ADJOURNMENT
The meeting adjourned at 6:30 p.m.
Respectfully submitled.
Beverly A. Aulholet, CMC/ AAE
Cily Clerk
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REDEVELOPMENT AGENCY AGENDA STATEMENT
Item .3
Meeting Date 10-07-97
ITEM TITLE: ~ RESOLUTION 1$$1 APPROVING PRELIMINARY PLAN FOR THE
AMENDMENT TO THE TOWN CENTRE I REDEVElOPMENT PLAN
,) RESOLUTION /5$1 APPROVING PRELIMINARY PLAN FOR THE
AMENDMENT TO THE BAYFRONT REDEVELOPMENT PLAN
SUBMITTED BY: C.mm""i, D~.I.p~", Di.""~'
REVIEWED BY: Executive Director JlJ ~ -- (4/5ths Vote: Yes- No_xJ
BACKGROUND:
Earlier this year, the City of Chula Vista Redevelopment Agency (Agency) requested that staff proceed with
amendments to Redevelopment Plans for the Bayfront and Town Centre I Redevelopment Projects. The
purpose of amending the existing Redevelopment Plans for these two project areas are to extend the life
of the project area to allow additional time to remove blighting conditions and impediments that prohibit the
Agency from completing its redevelopment program goals and objectives in each Project Area. In addition,
the Agency is seeking to amend the Bayfront Redevelopment Plan to add approximately 145 acres of Port
District property to the Project Area to facilitate the redevelopment of these properties as well.
The first step in the plan amendment process is approval of the Preliminary Plans for the Bayfront and
Town Centre project areas by the Planning Commission and the Redevelopment Agency.
RECOMMENDATION: That the Agency adopt the resolution approving the Preliminary Plans for
Amendment of the Bayfront and Town Centre I Redevelopment Plans.
BOARDSICOMMISSIONS RECOMMENDATION: The Planning Commission approved the Preliminary
Plans at their meeting of July 23, 1997 (Attachment B), and authorized transmission of the Preliminary Plans
to the Agency.
DISCUSSION:
The California Community Redevelopment Law ("law") permits redevelopment agencies to amend adopted
redevelopment plans, The Law sets forth a specific procedure for amending redevelopment plans, which
includes the preparation of the various documents to substantiate the necessity and benefit of the proposed
amendments. Upon the receipt and review of these documents, the Agency and City Council are to conduct
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Page 2. Item ..3
Meeting Date 10-07-97
a noticed joint public hearing to receive public input. The entire plan amendment process takes
approximately seven months to complete (see Flow Chart, Attachment C).
The first step in the process to amend the Bayfront and Town Centre I Redevelopment Plans is the approval
and adoption of Preliminary Plans for both amendments, The Planning Commission adopted the attached
resolution which approves the Preliminary Plans for the amendments to the Bayfront and Town Centre I
Redevelopment Plans at their meeting of July 23, 1997.
It should be noted that, at the time Df adoption Df the amended RedevelDpment Plans, the Plans
must be consistent with the City's General Plan. The Port District is currently reviewing a revision
to the existing Chula Vista area Port Master Plan. If the Port adopts revisions tD the Master Plan
(land use plan), the City's General Plan land Use Element will need tD be amended tD make the
plans consistent. There are two ways Df accomplishing the General Plan Amendment:
1. Amend the RedevelDpment Plan and the General Plan tD be consistent with the new Master
Plan after the Master Plan is adopted.
2. In anticipation Df the revision tD the Port Master Plan, the City could start a General Plan
Amendment at this time. Then, the RedevelDpment Plan and the General Plan would be
consistent with the revised Master Plan if the Port District adopts the proposed revision.
City staff is also currently evaluating the possibility Df a modification tD the City's current
BayfrDnt Specific Plan (land use plan) for industrial areas tD allow for some cDmmercialland uses.
This could result in General Plan and local Coastal Program Amendments in conjunction with the
adoption Df the amended RedevelDpment Plan. These issues are presented tD the Agency at this
time for information Dnly.
As proposed, the Agency would simultaneously undertake the Amendment to the Bayfront Redevelopment
Plan and the Town Centre I Redevelopment Plan. Both amendments are discussed below. Note that both
project areas have previously been amended four times.
The first amendment to both plans occurred in 1979 when the two projects were merged for financial
purposes. In 1986, both plans were amended to incorporate new time limits to enact eminent domain and
incur debt. The third amendment was adopted in January, 1994 to amend for increment and bonded
indebtedness limits. The fourth amendment occurred in November, 1994 to establish a time limit on the
collection of tax increments,
Amendment No.5 to the Bavfront Redevelopment Plan
The proposed Amendment No.5 to the Bayfront Redevelopment Plan would accomplish the following:
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Page 3. Item .3
Meeting Date 10-07-97
1. Increase the size of the existing Project Area by incorporating approximately 145 acres of Port
District territory,
2. Establish a new 12-year time period, commencing from the date of adoption of the Amendment,
within which the Agency may initiate eminent domain proceedings on private property within the
existing Redevelopment Project Area boundaries,
3. Extend the Agency's time frame to incur indebtedness with respect to the Existing Area from July
16, 1999 to January 1. 2004,
4. Extend the effectiveness of the Plan with respect to the existing Project Area boundaries from July
16, 1999 to July 16, 2014,
5. Extend the Agency's time frame to collect tax increment revenue with respect to the existing
Redevelopment Project Area boundaries from July 16, 2009 to July 16, 2024, and
6. As necessary, modify the tax increment revenue in bonded debt financial limits and update other
provisions of the Redevelopment Plan.
The above amendments will provide the Agency with sufficient legal and financial means to eliminate
identified blighting conditions and complete redevelopment activities within the Bayfront Redevelopment
Project Area. Also, the addition of the 145 acres of Port District property, previously excluded from the
Project Area, will enable the Agency to alleviate blighting conditions impacting these properties, while
coordinating with overall redevelopment effort within the entire Bayfront area.
Amendment No, 5 to the Town Centre I RedeveloDment Plan
The proposed amendment to the Town Centre I Redevelopment Plan would encompass the following;
1. Establish a new 12-year time period within which the Agency may commence eminent domain
activities within the Project Area,
2. Extend by approximately 2% years, the time frame within which the Agency may incur indebtedness
on behalf of the Project, from July 6, 2001 to January 1. 2004,
3. Extend the effectiveness of the Redevelopment Plan from July 6, 2001 to July 6, 2016,
4. Extend the Agency's time frame to collect tax increment revenue from July 6, 2011 to July 6,
2026, and
5. As necessary, modify the tax increment revenue and bonded debt financial limit and update other
provisions of the Redevelopment Plan.
Without Amendment No.5, the Agency would need to finish all redevelopment activities in the Town Centre
I Redevelopment Project Area within the next four years, This four.year time frame does not permit the
Agency sufficient time to remove blighting conditions impeding redevelopment projects and programs, or
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Page 4, Item 3
Meeting Date 10-07-97
collect tax increment revenue. However, by extending these time limits, the proposed Amendment No.5
would provide the Agency with legal capability to remove persistent blight in the Project Area.
Contents of the Preliminary Plan
The contents of the Preliminary Plans are prescribed by Law. The Preliminary Plans include a description
of the boundaries of the Project Areas, a description of the existing land uses, layout of the principal
streets, and proposed population densities and building intensities, general objectives of the projects, as
amended, a statement of conformity to the City's General Plan, and a discussion of the potential impacts
of the projects to the surrounding neighborhoods.
Approval of the Preliminary Plans does not connote final approval of either amendment. Approval of the
amendments are scheduled to be considered by the City Council after the first of the year, following a joint
City Council/Agency public hearing. By adopting the Preliminary Plans, the Planning Commission is only
initiating the process to prepare the Amendments, and is not "approving" a project (i.e. the Amendments to
the Redevelopment Plans) in context of Section 15352(a) of the Public Resources Code, Consequently,
adoption of the Preliminary Plans does not require CEnA clearance. However, over the coming months,
environmental documentation will be prepared, circulated, and certified by the Agency prior to its
consideration of the Amended Redevelopment Plans.
Conclusion
Approval of the preliminary Plans initiates the process to amend the Bayfront/Town Centre I Redevelopment
Plans. The amendments are necessary to enable the Agency to eliminate blight that continues to persist
within the Project Areas, as well as physical and economic conditions that exist within the 145 acres of
Port District property proposed to be added to the Bayfront Redevelopment Project Area. Over the next
several months, the specific blighting conditions in the Project Areas and the proposed added area will be
studied and documented. The findings of the remaining blighting conditions, along with an analysis of how
the amendments will specifically alleviate these blighting condition will be presented to the Agency and City
Council during the plan amendment process, Also, the Planning Commission will have another opportunity
later this year to review the proposed amendments to the Redevelopment Plans to determine whether they
are in conformance with the City's General Plan and to consider a recommendation to the City Council.
FISCAL IMPACT:
Amendment of the Bayfront Redevelopment Plan will extend the Agency's time frame to incur indebtedness
from July 16, 1999 to January I, 2004 in the Bayfront, and from July 6, 2001 to January I, 2004 in
Town Centre.
The Amendment will also extend the Agency's time frame to collect tax increment revenues from July 16,
2009 to July 16, 2024 in the Bayfront, and from July 6, 201 I to July 6, 2026 in Town Centre. Based
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Page 5, Item 3
Meeting Date 10-07-97
upon the current $2.6 million in tax increments collected annually in both project areas (net of Housing Set-
Aside), the Agency would collect an additional $39 million by extending the time period 15 years and
assuming no increase in revenue from property sales and new development. Most of these funds are
currently used to payoff the Bayfront Tax allocation bonds originally issued in 1979 and payable through
2024. These funds are also used to cover operational expenses and undertake projects that will eliminate
identified conditions of blight.
The Bayfront Plan proposes to add 145 acres (The Tidelands) to the Project Area. This area currently
includes approximately 80 acres of vacant land which, when developed, will provide possessory interest tax
revenues to the agency, and land lease revenue to the Port District.
Finally, the amendment of the Redevelopment Plans offers the Agency the opportunity to increase the tax
increment revenue and bonded indebtedness financial limitations should this be desirable.
ATTACHMENTS
A. locator Maps
B - Planning Commission Minutes, 7/23/97
C - Flow Chart
Ilkl H,\HOM~COMMOEV\STAFF,RE~O9,16,97IPPBFTCIIS'ptemb" 26. 199712,42pmll
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City of Chula Vista Town m
Redevelopment Areas Centre I ..ß-G.
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ATTACHMENT A
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City of Chula Vista Bayfront Redevelopment ![j
Redevelopment Areas Area
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ATTACHMENT B
Planning Commission Minutes - 3 - July 23,1997
. Commissioner Aguilar asked why a portion of the parking lot was gated with an 8
foot iron rolling gate.
Ms. Nevins indicated that the gated portion would most likely be for official vehicles
and employee vehicles, and the ungated portion would be for visitor parking.
Public Hearing Opened at 9:05 p.m.
Gene Cipparone, Gene Cipparone Architects, 10525 Vista Sorento Parkway, Suite 120, San
Diego, CA 9212, representing the owners of the project and also acting as design consultant
for the INS addressed the Commission's concerns and comments.
Mr. Cipparone indicated that the intended use is strictly for office, training, and warehouse
use. One component of the project is a 12,000 sf area that has no lighting or heat and is
designated for storage offorms and office suppl ies, This faci lity wi II be the new headquarters
and public information office, which currently is housed in trailer buildings in Otay Mesa.
Mr. Cipparone further stated that there in no intent to harbor, process, maintain, or bring any
illegal immigrants into this facility.
Another component to this project is a training area which will be used as an on-going
education and training facility for agents.
The gated parking area will serve to protect official government vehicles, and also to
maintain a certain level of security to other federal agency personnel.
Public Hearing Closed at 9:15 p.m.
MSC (Willett/O'Neill) 6-0-1 (Tarantino excused) that the Planning Commission approve
staff's recommendation to adopt Resolution PCC-97-39 recommending that the City
Council approve the project in accordance with the findings and subject to the conditions
in the draft Council Resolution.
2. Preliminary Plans for Bayfront/Town Centre I Redevelopment Plan Amendments
Background: Fred Kassman, Redevelopment Coordinator reported that this past Spring, the
Redevelopment Agency and City Council held workshops on both the Bayfront and Town
Centre I Redevelopment Project Areas to determine the current status, what work was
remaining, and what future development potential these areas had. It was clear from
discussions at the workshops that both redevelopment project areas had not fulfilled their
promise, and required further efforts to remove blighting conditions and continue
redevelopment. There are a number of major projects which remain to be completed in
both the Bayfront and Town Centre areas.
The Bayfront Redevelopment Project Area, which was approved in 1974 expires in 1999,
and the Town Centre I Redevelopment Project Area approved in 1976 expires in 2001.
Clearly, this is not enough time to complete the activities and generate the funding to
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Planning Commission Minutes - 4 - July 23,1997
provide the public improvements. Therefore, staff is proposing to amend the Redevelopment
Plans, primarily to extend the time limits which are now allowed under the current
redevelopment law, The extended time for the Bayfront would be to the year 2014, and
2016 for the Town Centre I project area.
The amendments would also extend the time limits to incur and repay debt and they would
also extend the time limits for the use of the power of eminent domain condemnation in
order acquire properties which are necessary to remove blight in the project areas.
In addition, Amendment No.5 to the Bayfront Redevelopment Plan proposes to increase the
size by incorporating approximately 145 acres of Port District territory in an effort to generate
new development in those areas other than in the mid-bayfront, which has been the focus
of activity in the past 15 to 20 years, with limited results.
Mr. Kassman further stated that the Redevelopment Plan process requires that this action be
brought to the Planning Commission in the form of a Preliminary Plan which includes:
a description of the project boundaries
contains a statement regarding land use, population densities, street layouts, building
densities and standards
a description of impacts on the area residents for the Town Centre I Redevelopment Area,
The Preliminary Plan is prepared in conformance with State law. Once it is reviewed by the
Planning Commission, it will be forwarded on to the Redevelopment Agency, who in turn will
then notify the State agencies for further processing and preparation of the Amended
Redevelopment Plan. The Amended Plan will come back to the Planning Commission, and
Redevelopment Agency, The process requires compliance with CEQA, public hearings and
notifications in accordance with the law. The Redevelopment Agency has hired a consultant
to assist in the preparation of these documents
Commission Discussion:
Vice Chair Willett distributed for the Commission's information, copies of a Waterfront
Workshop that took place in March 27, 1997 outlining what staff has been involved with, In
addition, Mr. Willett reported that the BayfTont Coalition Committee fully supports staff's efforts
and the development of the BayfTont area.
Commissioner Thomas inquired about the 12-year eminent domain period under the proposed
amendment to the Town Centre I Redevelopment Plan.
Kathy Rosenow, Consultant, responded that the law allows a maximum of 12 years fTom the
time the project area is adopted, however, it may be extended by subsequent amendments.
Chair Davis clarified that this item was being considered by the Planning Commission to start
the approval process of the Preliminary Plans and to move this forward to the Redevelopment
Agency..
Kathy Rosenow, Consultant, reaffirmed that approval of the Preliminary Plan by the
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Planning Commission Minutes - 5 - July 23,1997
Redevelopment Agency sets in motion the public notification process.
Commissioner Ray inquired what time frame the City would be looking at for the extension
of "H" Street west of 1-5.
Fred Kassman responded that there are a couple of major issues associated with the extension.
Currently, there is a proposal for a large manufacturing facility to be located within the Bayfront
Redevelopment area, The Port District recently selected a preferred alternative for the
alignment of "H" Street to go through Rohr Ind, property to Sandpiper Way. That study will
require further engineering and CEQA analysis, which will probably entail at least I year.
The other major issue is funding of the roadway, which is currently estimated at a cost of
approximately 6 million dollars. It is anticipated that new development will generate new tax
revenues which would be necessary to fund the extension of "H" Street. The City needs the
promise of new development to devise a financing plan for the road, To finance the road
without new development may be very difficult, unless the Port District is willing to contribute
a major part of the Capital Improvement Funds which are allocated to the City of Chula Vista.
MSC (Willett/Thomas) 6-0-1 (Tarantino excused) that the Planning Commission adopt
the resolution approving: I) a Preliminary Plan to Bayfront Redevelopment Plan, and 2)
a Preliminary Plan to amend the Town Centre I Redevelopment Plan.
3. PUBLIC HEARING: Continued Public Hearing SUPS-96-06; Request for a special use
permit to continue operating a truck terminal/trailer storage yard
at 2451 Faivre Street, California Multi-Modal, Inc. And H.G.
Fenton Material Company.
Commissioner O'Neill stepped down from the dais due to a conflict of interest, having worked
with CM!'s insurance carrier this past year.
Background: Martin Miller, Associate Planner, reported that the applicants (H.G. Fenton
Company and California Multi-Modal, Inc.) have been reviewing the mitigated Negative
Declaration for IS-96-08 and the Agency Resolution of Approval for SUPS 96-08. CMI
informed staff this afternoon that specific concerns regarding mitigation measures of the
Mitigated Negative Declarations and conditions in the Resolution of Approval. Mr, Miller
indicated that staff has not yet had time to review these items of concern, and is therefore
recommending that the Planning Commission:
open Public Hearing
public testimony be taken from the applicants and from the area residents, and
Public Hearing be continued to the next scheduled Planning Commission meeting on
August 13, 1997
Public Hearing Opened.
..3 - 10
EXHIBIT "A"
PRELIMINARY PLAN
FOR THE
AMENDMENT NO. S
TO THE TOWN CJìNTllli 1 REDEVELOPMENT PLAN
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PRELIMINARY PLAN
FOR AMENDMENT NO, 5
TO THE
TOWN CENTRE I REDEVELOPMENT PLAN
I. INTRODUCTION
This Is the Preliminary Plan ("Pn:liminary Plan") for the proposed amendment to the adopted
Redevelopment Plan ("Existing Plan") tor the Town Centre I Redevelopment Project ("Project").
The City ofChula ViRta Redevelopment Agency ("Agency") desires to undertake an an1endment
to the Existing Plan ("Amendment") pursuant to the Callfomia Community Redevelopment Law
("Law") to: (1) extend tbe time periods within which the Agency may commence eminent
domain proceedings, incur debt, undertake redevelopment ootivities, and collect tax increment
revenue, and (2) as ncccs.qary, modify tax increment revenue and bonded debt tinancia1limits
and update other provisions 01' the Existing Plan.
If adopted, the Amended Redevelopment Plan ("Amended Plan") will supersede and replace the
EKisting Plan, and will guide all future redevelc) '!ment activities, projects, and programs in the
Bayfront Redevelopment Project Area ("Project Area"). The Amendment, however, will not
affect the Project's existing obligations or indubtedncss,
The Existing Plan was originally adopted by the City Council by Ordinance No. 1691 on July 6,
1976. Since this action, the Existing Plan hIlS been amended on tour separate occasions. On July
17, 1979, the City Couneiladopted Ordinance No. 1872 that merged the fltllUlcla1 provisions of
the Existing Plan with the ßayfront Redevelopment Plan. On April 22, 1986, the City Council
adopted Ordinance No. 2146 that amended the EKisting Plan for a second time by enacting new
time limits to cnact eminent domain and incur debt, while establishing a ewnulative tax
increment limit. Amendment No,:} was adopted by the City Council on January 4, 1994 by
Ordinance No. 2585. when the City Couneil amended the tax increment and bonded indebtedness
limits tor the Project, The tburth amendment to the Existing Plan occurred on N(wember 8,
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1994, when the City Council adopted Ordinance No, 2608 that established 11 time limit on the
collection of tax increment.
AB proposed. the Amendment would correct constraining provisions of the llKisting Plan that
inhibit the Agency's ability to complete its redevelopment program in the Project Area.
This Preliminary Plan has been prepared in accordance with Section 33324 of the Law, which
states that a preliminary plan shouJd:
(11) describe the boundaries oflbe project area;
(b) contain a general statement of land uses, layout of principal streets, population
densities, and building intensities and standards proposed as the basis for the
redevelopment of the project alCll;
(c) show how the purpose of the Law would be attained as the basis of
redevelopment;
(d) 3hl,)w lhat tOO proposed redevelopment Is consistent with the community's general
plan; and
(e) describe, generally, the impact of the project upon the alCll's residents and upon
the surrounding neighborhoods.
11. PRO,w..cr AREA LOCATION AND DESCRIPTION
The Project Area is located in the City of Chull1 Vista ("City"), San Diego County, Califomill.
Situated along the San Diego nay in southwebiem San Diego County, the City is adjoined by the
City of National City to the north, the City of SIIt1 Diego to the south, the San Diego Bay to the
west, and unincorporated San Diego County to the east. The City was Inc(lrpor,¡ted in 1911 and
is approxiJnatc:ly 32,066 acres in size.
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The Project Area is located at the City's center along Tlúrd AVI¡\nue, The Project Area is
generally bounded by E Str""t to lhe north, I Street to the south, 1).,1 Mar Avenue to the ell8l, and
Fourth Avenue to the wesl The Project Are.! is 138,54 acres in size, and constitutes
approximately 0.4% of th" total area of the City, The primary land uses within the Project Area
are commercial, public, and residential,
The boundaries of the Project Area are depicted on Exhibit 1,
III. GENERAl. STATEMENT OF PROPOSED PLANNING ELEMENTS
A. LAN ) TJSRQ
The land uses pennltted in the !>roject Area shall be in confotT!lance with the City
General Pilln (the "Genera! Plan"), the Zoning OrtIinance of the City, and all other
slale and local building codes, guidelines, or specific plllllS as they now exist or
are hereafter amended.
D. GENERAL STATEMENT 011 PROPOSED I,A YOUr Of PRINCIPAL
S1'llliHTS
The Project Aroa is served by II system of local public slœets. The principal
streets within lhe. Project Area inclwle, but are not limited 10, the following:
Del Mar Avenue G Street
E Street H Street
F Street Tlûrd Avenue
Fourth Avenue
The layout of principal streets and tho!;e that may be developed in the future shall
confonn to the CiroulatÌlm Element of the Oenc:ml Plan. as currently adopted or lIS
hereafter amended. EKisting streets within the Project Area may hI! cloSlld,
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widened or otherwise modified, and additional streets may be created WI ne<»Jl>ary
tOr propcr pedcstrian and/or vchicular circulation provided they are consistent
with the Genel'ld Plan,
C, GRNRRAf, ST A TRMRNT OF PROPOSRD POPUT ,A TION DENSITIES
PermiUed densities within the Project Area shall contònn to the General Plan, as
currently adopted or as hereafter amended, and applicable mdinances and local
codes,
D. GENERAL STATEMENT OF PROPOS~D BUll-DING IN1'ENSITIES
Building intensity shall be controlled by limits on any or all of the following: (I)
the percentage of the building site covered by the building (land covemge); (2)
the ratio of the total floor area for all stories of the building to the area of the
building sire (!loor area roltio)¡ (3) Ute size and location or the buildable urea on
the building sile; and (4) the heights of the building. The limits on building
ir¡¡",nlity shall be established in accordance with tile provisions of the Genem
Plan, Zoning Ordinance, and local codes and ordinances, as thew now exIst or are
hereafter amended, The land coverage, sizes III1d location of the buildable areas
will be limited, as is fi:asible and appropriate, to provide adequate open space and
parking,
E. GENERAL STATEMENT OF PROPOSED BUILDING STANDARDS
Building standards shall conform to the adopted General Plan. and the building
requirements of a11 applicable state and local codes and ordinances. The Agency
may CO\1Jlicler more rcstricûve requirements and may iocorporate such
requirements into the Amendcd Plan in the interest of the public helllth, sMety and
welfare, However, morc restrictive requirements are not contemplated at tbis
time.
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IV. ATTAINMENT 0«' THE PURPOSES 0«' TIlE REDEVELOPMENT LAW
The purposes of the Law are to protect and promote the sound development and redevelopment
of economically and physically deficient areas, and to protect the general welfare of the
Inhabitants ot' the communities in which they dwell. The Amendmcnt would allow the Agency
to morc comprchcns1vely attain theae purposes within the Project Area by expanding the
Agency's financial and legal authorities to alleviate condiûons or blight. revitalir.e commercial
area." constrnet additional public improvement IUld fucilities, IUld develop affordable housing,
V. CONFORMANCE TO THE GENERAL PLAN OF THE CITY
This Preliminary Plan confonns to the OeneroÛ Plan, and proposes a consistent pattern of land
uses and ineludes all highways and public tàcilitíes us indicated by the General Plan. us it now
exÌBt~ or is herealler amended.
VI. GENERAl, IMPACT OF THE PROPOSED PROJECl' UPON THE RESIDENTS
OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS
AB amended. the impact of the Project will generully be in tho urea:¡ of improved public
infrastructure, f¡1cllities and services, improved living envlftmment, Increa.'Ied and Improved
supply ofalTordable housing, and enhanced employment and econ()mie activity. Redevelopment
¡u;tivitíes within the Project Area will provide for the improvement, development, replanning,
redesign, reconstruction and rehabilitation of the aœa and the provision of commercial.
industrial, residential, public and other structures and open spaces in the interest of the general
welfare of the community, It is also anticipated that redevelopment activities orchestrated by the
Agency will provide additional employment opportunities and enhance the environmental quality
of the community. Thus, thC benetits ot' the Project affect the immediate and long-range
economic viability oflbe entire City.
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The Amended Plan will bc implemented as sufficient fmancia1 rcSOUlCCS are available.
Redevelopment projects are intended to be phased over a period of' time, with only a limited
amount of direct activity at anyone time,
Redevelopment projects will bl: subject to future review and IIpprovw by thl: City Council,
Agency, Planning Commission and other appropriate bodies after input has been solicited from
¡¡fleeted residents, property owners and other intcœstcd parnes.
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EXHIBIT "A"
PRELIMINARY PLAN
FOR THB
AMENDMENT NO.5
TO THE BA YFRONT REDliVliLOPMENT PLAN
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PRELIMINARY PLAN
fOR AMENDMENT NO.5
TO THE
BA \'fRONT REDEVELOPMENT PLAN
I. rNTRODUCTION
This is the Prelimiruuy Plan ("Preliminary Plan") lor the proposed amendment to the:: adopted
Redevelopment Plan ("Existing Plan") for tha Bayfront Redevelopment Project ("Projeet"). The
City of Chota Vi~ta Redevelopment Agency ("i\gcncy") desires to undertake an amendment to
the Existing Plan ("Amendment") pursuant to the Califomia Community Redevelopment Law
C'LIlw") to: (I) increase the size of the existing Bayfront Redevelopment Project Area ("Existing
Area") by incorporating approximately 145 acres oftcrritory ("Added Area'), (2) extend the time
periods within which the Agency may commence eminent domain proceedings (with respect to
the Existing Area only), incur debt, undertake redevelopment activities, and collect tax increment
revenue, and (3) as neec:58IU:Y, modify tax increment revenue and bonded debt financial limits
and update other provisions of the Existing Plan.
It' adopted, the Amended Redevelopment Plm ("Amended Plan") will supersede and repilice the
Existing Plan, and will guide all future redevelopment activities, projects, IInd programs In the
Bayfront Redevelopment Project Area ("Project Area'), The Amendment, however, will not
affect the Project's existing obligations or indebtedness,
Tho Existing Plan WIIS originully adopted by the City Council by Ordiœncc No. 1541 on July 16,
1974. Since this action, the Existing Plan has been amended on four separate occasions, On July
17, 1979, the City Council adopted Ordinance No. 1872 that merged the financial pmvillions of
the ExistÌl11!1 Plan with tho 'l'own Centre I Redevelopment Plan. On April 22, 1986, the City
Council adopted Ordinance No. 2146 that amended the Existing Plan fur a second time by
elUlCting ncw time limits to enact eminent domain IUld incur debt, while establishing a
oumullltive tax incremenllímit. Amendmont No.3 was adopted by the City Council on JIIllUIIrY
4, 1994 by Ordinance No. 258S, when the City Council amended the tax increment and bonded
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indebtedness limits for the Projeçt, The fourth amendment to the Rxisting Plan occurred on
November 8, 1994, when the City Council adopted Ordinance No. 2608 that established a time
tlmit on the collection of tax increment.
As proposed, the Amendment would correct constraining provisions of the Existing Plan that
inhibit the Agency's ability to complete its redevelopment program in the Existing Area, Also.
by incorporating the proposed Added Area into the Project Area, the Amendment will pennit the
Agency to correct physical and economic blighting conditions throughout the entire Bayfront
areu.
This Preliminary Plan has been prepared in accordance with Section 33324 of the Law. which
states that a prcliminmy plan should:
(a) describe the boundaries of the project area;
(b) o;ontain a general statement of land uses, Ia~out of prine~al streets, population
densities, and building intensitics and stan ards propose as the basis for the
redevelopment oCtile project urea;
(c) show how the purpose oC the Law would be atlaim:d iUI the bllBis of
redevelopment;
«I) show that the proposed redevelopment Is consistent with the community's general
plan; and
(e) describe, generally, the Impact or tile project upon the area's residents and upon
the surrounding neighborhoods.
II. PROJECT AREA LOCATION AND DESCRIPTION
The Project Area is located in the City of Chula Vista ("City"), San Dieb'Q County, California.
Situated along the Sun Diego Bay in southwestern San Diego County, the City is adjoined by the
City of National City to the north, the City of San Diego to the south, the San Diego Day to the
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west, and unincorporated 8WI Diego County to the ewrt. The City WIUI incorporated in 1911 and
is approximately 32,066 acres in size.
The Rxisling Area is located on the west side of the City, and is generally bounded by Interstate
S to the cast, the City limits to the north, and L Street on the south, and the San Diego Bay and
Sun Diego Unified Port District ("Port District") properties to the west. TIle Existing Area is 637
acres in size, and consûtutes approximately 2,0% of the total area of the City. The primary
existing land uses within the ExÎ5ting Area ate industrlW and commcrcilli.
AB proposed, the Added Area would incorporate the Port District properties and fully extend the
Project Area boundaries to the San Diego Bay. The Added Area is bounded by the Existing Area
to the east WId north, and the San Diego Bay to the south and wcst. The Added Area
encompasses approximately 145 acres, or 0,5% ot' the City, If the Amended Plan is adopted, the
Project Area would be comprised of bolh the Existing and the Added Areas, and would total
approximately 782 acres.
ThI! boundaries of the Project Area, including separ.lle designations lor both the Existing and
Added Areas, are depicted on ExhIbit 1.
III. (~ENERAL STATEMENT OF PROPOSED PLANNING ELEMENTS
A. LAND USES
The land uses pcrmitted in the Project Ate8 shall be in conformance with the City
General Plan (the "Generul P111n'1, the Local Coastal Program, the Port Uistriet's
Master Plan, th~ Zoning Ordinance of the City, and all other state and local
building codes, guidelines, or specific plans as they now exist or are herealWr
amended.
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1\, GENERAL STA'r~MENT OF PROPOSED LAYOUT OF PRINCIPAL
STREETS
The Project Area is served by a system of locul public Slœf;!lS, and Intf;!t'S\atf;! 5
connecting the Projc:et Aæa to the ¡¡reater metropolitan region, The principal
streets witlùn thë Project Area includf;!, but III'e not linùted to, the tullowing:
Bay Boulevard Laaoon Drive
G Street Marina t'ari<way
Gunpowder Point Drive Sandpiper Way
J Street
The layout of principal ~treet~ and those that may be developed in the future shall
cotiform to the Circulation Element of the General Plan and the Local Coastal
Program, as currently adopted or as hereafter amended, ExistJng streets within the
Project Area may be closed, widened or otherwise modified, and additional streets
may be created as necessary for proper pedestrian and/or vehicular circulation
provided they are consistent with the General Plan and Local Coastal Program,
C. GENRRAI, STATEMENT OF PROPOSED POPULATION DENSITIES
Permitted densities within tho Project Area 8ha1l conform to the General Plan and
J ,ocal Coutal Program, as currently adopted or as hereafter amended, and
applicable ordinances and local codes.
U. GENERAl, ST A TEMHNT m;' PROPOSED BUILDING INTENSITIES
Building intensity shall be conlrolled by limits on any or all of the following: (1)
tllC perçentage of the building site covered by the building (land covet"olge); (2)
the ratio of the total floor area for all stories of the building to the area of the
building site (floor an:a ratio); (3) the IlÎze and location ofthc buildable area on
the building site; and (4) the heights of the building. The limits on building
intensity shall ~ estnhli~hed in accordance with the provisions of the General
Plan, l.ocI11 COWItal Program, Zoning Ordinance, and loClll codes and ordinances,
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¡ Ihey now exist or are hercaftor amended. The land coverage, sizes and location
of the buildableæeas will be !irnited, as b feasible and appropriate, to provide
adequate open space and parking,
E. GENERAL STATEMENT OF PROPOSED BUILDING STANDARDS
Ouilding standards shall enntorm to Iho adopted Genordl Plan and Ihe I ,neal
Coastal Progr.am, and the building requirements of all applicable stale and local
codes and ordinances. The Agency may consIder more restrictive requirements
and may incorporate such requirements into the Amended Plan in the interest of
the public health, safety and weltàre. However, more restrictive requirements are
not contemplated at this time.
IV. ATTAINMENT OF THE PURPOSES OF TIlE REDEVELOPMENT LAW
Tho purposes of the Law are to protect and promote the sound development and redevelopment
of economically and physically deflciOl1t areas, and to proleet the general welfare of tho
inhabitants of the communities in wlùch they dwell. Oy incorporating the Added Area into the
Project Area, the Agency ClUJ' employ the tools of redevelopment to embark on a tnorough
econnmic development progmm to remove Impediments to dewlopment, correct Incompatible
and noncon!onning land uses, and redesign obsolete buildings. Also. the Amendment would
allow lite Agcncy to more comprehensively attain these purposes within the entire Project Area
by expanding tho Agen<.:y's financial and legal authorities to alleviate conditions of blight,
I1:Ivitali:r.c commercial areas, construct additional public improvement and facilities, and develop
¡¡J1ordable housing.
V. CONFORMANCK 1'0 THE GENERAL PLAN OF THE CITY
t1ûs Preliminary Plan conformS to the General Plan, and proposes Ii consistent pattern of land
uses and Includes all highways and public facilities as indicated by the General Plan, 8S it now
exists or is hereafter amended.
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VI. GENERAL IMPA(."l' OF TOE PROPOSED PROJECl' UPON THE RESIDENTS
OF THE PROJECT AREA AND SURROUNDING NEIGHBORHOODS
As amended. the impact of the Project will generally be in the aICaS of improved public
infrastructure, facilities and services. improved living environment, increased and improved
supply of affordable housing, and enhanced employment and economie activity. Redevelopment
IIctlvltie~ within the Project Area will provide for the Improvement., development, replanning,
redesign, reCQnstruction ¡md rehabilitation of the atea and the provision of commercial,
industrial, residential, public and other structures and open ,'P1ICeS In the interest of the general
welfare of the community. It is also anticipated that redevelopment activities orches(rated by the
Agency will provide additional employment opportunities and enhanee the environmental quality
of the community, Thus, the benefits of the Project affect the immediate and long-range
economic viability oftbe entire City.
The Amended Plan will be implemented as sufficient fl1UU1cial resources are available,
Redewlopment projects arc intended to be phased over II period of time, with only II limited
IID1OLlnt of direct activity at anyone time.
Redevelopment projects will b,e subject to future review and approval by the City COUltCn,
Agency, PlIuUling Commission and other appropriate bodies after input ho., been solicited Û'om
affected residents, property owners and other interested parties,
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RESOLUTION NO, I::rS1
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING A PRELIMINARY PLAN FOR THE
AMENDMENT TO THE TOWN CENTRE I REDEVELOPMENT PLAN
WHEREAS. the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1691 on July 6, 1976, approving and establishing the Redevelopment Plan for the
Town Centre I Redevelopment Project ("Project"). and the City Council has since amended said
Redevelopment Plan on July 17, 1979 by Ordinance No. 1872, on April 22, 1986 by Ordinance
No. 2146, on January 4, 1994 by Ordinance No. 2585, and on November 8, 1994 by Ordinance
No. 2608; and,
WHEREAS. the Redevelopment Agency desires to proceed with an amendment
("Proposed Amendment") to the existing Redevelopment Plan for the Town Centre I
Redevelopment Project ("Existing Plan"); and,
WHEREAS, it is contemplated that various provisions of the Existing Plan would be
amended; and,
WHEREAS. pursuant to the California Redevelopment Law (Health and Safety Code
Section 33000 et seq.). a Preliminary Plan for the Amendment No.5 to the Town Centre I
Redevelopment Plan ("Preliminary Plan") has been formulated and approved by the City of Chula
Vista Planning Commission on July 23, 1997 by Resolution No. - in the form submitted
herewith; and,
WHEREAS, the objectives of the Project, as well as the public health, safety, and
welfare, would be furthered by the Proposed Amendment,
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of
Chula Vista does hereby:
1, Accept and approve the Preliminary Plan for the Amendment No.5 to the
Town Centre I Redevelopment Plan in the form attached hereto as Exhibit
A; and
2. Authorizes and directs staff to make such transmittals as may be required
by the California Community Redevelopment Law; and
3. Authorizes and directs staff to draft the necessary amendments to the
existing Redevelopment Plan for the Town Centre I Redevelopment Project,
A copy of this resolution shall be submitted to the City Clerk's Office.
Presented by Approved as to form by
(Dh' ~~
Chris Salomone
Director of Community Development
I(FK) H,\HOME\COMMDEV\RESOS\PPTCIIO,tob" 2. 1997 19,02,ml(
..9£ -1
RESOLUTION NO. ISst
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA APPROVING A PRELIMINARY PLAN FOR THE
AMENDMENT TO THE BAYFRONT REDEVElOPMENT PLAN
WHEREAS, the City Council of the City of Chula Vista ("City Council") adopted
Ordinance No. 1541 on July 16, 1974, approving and establishing the Redevelopment Plan for the
Bayfront Redevelopment Project ("Project"), and the City Council has since amended said
Redevelopment Plan on July 17, 1979 by Ordinance No, 1872, on April 22, 1986 by Ordinance
No. 2146, on January 4, 1994 by Ordinance No, 2585, and on November 8, 1994 by Ordinance
No, 2608; and,
WHEREAS, the Redevelopment Agency desires to proceed with an amendment
("Proposed Amendment") to the existing Redevelopment Plan for the Bayfront Redevelopment
Project ("Existing Plan"); and,
WHEREAS, it is contemplated that various provisions of the Existing Plan would be
amended; and,
WHEREAS, pursuant to the California Redevelopment Law (Health and Safety Code
Section 33000 ~, a Preliminary Plan for the Amendment No. 5 to the Bayfront
Redevelopment Plan ("Preliminary Plan") has been formulated and approved by the City of Chula
Vista Planning Commission on July 23, 1997 by Resolution No, - in the form submitted
herewith; and,
WHEREAS, the objectives of the Project, as well as the public health, safety, and
welfare, would be furthered by the Proposed Amendment.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of
Chula Vista does hereby;
1. Accept and approve the Preliminary Plan for the Amendment No, 5 to the
Bayfront Redevelopment Plan in the form attached hereto as Exhibit A; and
2, Authorizes and directs staff to make such transmittals as may be required
by the California Community Redevelopment Law; and
3, Authorizes and directs staff to draft the necessary amendments to the
existing Redevelopment Plan for the Bayfront Redevelopment Project.
4. Adopts a proposed base year of Fiscal Year 1997-98 for the territory
proposed to be added to the project area.
A copy of this resolution shall be submitted to the City Clerk's Office,
Presented by Approved as to form by
~~
Chris Salomone -
Director of Community Development
"'K) H,\HOMElCOMMDEV\RESOS\PPBFlIOotob" 2,1997 19,01,m)]
.3 h - I
JOINT REDEVELOPMENT AGENCY/COUNCIL AGENDA STATEMENT
Item -L
Meeting Date 10/07/97
ITEM TITLE: AGENCY RESOLUTION /~-S9
COUNCil RESOLUTION I"" I APPROVING A PROFESSIONAL SERVICES
AGREEMENT WITH KEYSER MARSTON ASSOCIATES, INC. TO SERVE AS A MARKET
ANALYST AND FINANCIAL FEASIBILITY CONSULTANT TO THE CITY OF CHUlA VISTA
AND CHUlA VISTA REDEVELOPMENT AGENCY ON A PROJECT-BY. PROJECT BASIS
SUBMITTED BY: G_""" '""'pm.. .....~ -
REVIEWED BY: E~,"", Di."'.JG ~ /? \ (4/5ths Vote: Yes- No.xJ
BACKGROUND:
In order to enhance staff's ability to analyze and respond to various project development proposals, staff
proposes to contract exclusively with Keyser Marston Associates, Inc, (KMA) for market analysis and financial
feasibility consultant services for a period of two years with a renewable clause for an additional two years.
KMA has been serving as the City's consultant for the last several years, but the exclusive contract has expired,
Staff implemented the competitive bidding process and is now in position to request approval of another multi.
year "exclusive provider" professional services contract. This report presents the results of this process.
RECOMMENDATION: It is recommended that the Redevelopment Agency and the City Council adopt the
resolution approving a Professional Services Agreement with Keyser Marston Associates, Inc. (KMA) for market
analysis and financial feasibility services.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 2, 1997, staff sent requests for qualifications (RFQ) to 25 firms to serve as the City and Agency's
exclusive market analyst and financial feasibility consultant. Five firms responded to the RFQ; KMA; Economic
Research Associates; Rosenow Spevacek Group; Katz Hollis; and Gruen Gruen Associates,
A panel of three persons approved by the City Manager/Executive Director reviewed the proposals. The
Purchasing Agent, Assistant to the Community Development Director and the Senior Economic Development
Specialist served as the review panel. Upon reviewing the proposals, the panel agreed to invite each of the five
respondents for an interview. The panel interviewed the five firms during the week of August 11, 1997. The
panel based their selection on; 1) the firm's qualifications and experience of professional staff; 2) performance
of similar work; 3) ability to provide services in a timely and cost efficient manner; 4) the quality of the written
response and presentation; and 5) the response to the sample project assignment which was included in the RFQ,
~-I
. - .,.
Page 2. Item 4
Meeting Date 10/07/97
The sample assignment represented a typical project that the selected consultant will be asked to perform. In
addition to serving as a common benchmark for evaluating the consultant's approach to a difficult project, the
sample also provided the panel with a frame of reference for the staff time that each company would need for
proposed services (interviews, market studies, financial analyses, etc.).
Each of the five respondents received separate scores for the written response and the interview, As a result
of this process, the firm of KMA was determined to be the most qualified (see Table 1 on the following page
for ran kings). The panel was particularly impressed with the firm's breadth of expertise (including affordable
housing), their extensive experience in Chula Vista and the San Diego region; their established and fully staffed
San Diego office; and the quality of the services they have provided to the City of Chula Vista/Redevelopment
Agency in the past. As mentioned, KMA has been the City's market analysis and financial feasibility consultant
for the past few years. The panel felt the firm's experience and knowledge of the San Diego region and Chula
Vista will result in the efficient and cost effective completion of services. KMA submitted the lowest cost
estimate for the sample project ($11,000 compared to the 2nd ranked firm's estimate of $41,000) which
illustrates the cost savings that KMA can provide to the City given their knowledge and experience base in Chula
Vista and the San Diego region. KMA has consistently provided their services on time and within budget. Their
proposal is included as Attachment 1.
To date, Calvin Hollis, Senior Principal in the Los Angeles Office, has managed the projects in Chula Vista, In
order to maintain continuity, staff proposes to continue this relationship; however, staff is also proposing to bring
in Paul Marra, Principal in the San Diego Office, for more local representation, Mr. Hollis has particularly
impressive expertise in redevelopment finance, financial feasibility, and development agreement negotiations. Mr.
Marra has expertise in land use planning, affordable housing, retail and mixed use projects, as well as real estate
market financial feasibility evaluations and developer negotiations. Staff believes that this flexibility to use the
Los Angeles or San Diego office, depending on the nature and scope of the project, will provide additional
benefits to the City and was a strong factor in staff recommending KMA again,
Staff proposes to contract with this firm on an as. needed basis through October, 1999, Included in the contract
(Attachment 2) is a renewal clause for two additional years based on written approval by the Director of
Community Development. A cap of $200,000 is proposed as the cumulative amount of the contract over the
maximum four year period. This equates to an average of $50,OOO/year that staff believes should be adequate
for their services depending on the project workload demand, Staff proposes to issue purchase orders on a
project-by-project basis as services are required. The costs for project services will be negotiated for each
project based on the fee schedule included in the Agreement. It is important to note that KMA will not be on
retainer and therefore costs can be controlled through staff discretion as well as the annual budget process,
Table 2 (attached) shows a comparison of hourly rates and cost estimates for the respondents.
Council/Redevelopment Agency approval of these resolutions will authorize the City Manager/Executive Director
to renew the contract, if the work has been satisfactory, without further action by the City
Council/Redevelopment Agency.
4-;1...
. - , í
Page 3. Item -.!l
Meeting Date 10107/97
TABLE 1
CONSULTANT RANKING
SCORE FOR SCORE FOR
WRITTEN RESPONSE INTERVIEW
FIRM (AVERAGED) (AVERAGED) TOTAL
Keyser Marston Associates, Inc. 55,5 38 93.5
Economics Research Associates 53 37 90
Rosenow Spevacek Group, Inc. 52 35 87
Katz Hollis 47 31 78
Gruen Gruen + Associates 47.5 30 77.5
TABLE 2
COMPARISON OF COST ESTIMATES
(SAMPLE PROJECT)
COST ESTIMATE FOR
FIRM SAMPLE PROJECT
Keyser Marston Associates, Inc. $11,000
Economics Research Associates $41,984
Rosenow Spevacek Group, Inc. $17,000
Katz Hollis $25,000 to $30,000
Gruen Gruen + Associates $18,000 to $26,000
FISCAL IMPACT: Funds will be encumbered from individual project accounts in the current budget as
services are required. It is anticipated that staff may have to come back to the Agency/Council for specific
funding appropriations on a project-by. project basis this year given the current budget limitations. However in
future budget years, staff anticipates making appropriate funding requests for these services during the budget
cycle. Staff believes the average annual cost for services to be approximately $50,000. The term of this
contract is two years with the option to extend for an additional two years. Compensation is capped at
$200,000 over the four year period.
ATTACHMENT
1 - KMA Proposal
2 - Contract
IDDA} H,IHDMEICDMMDEVISTAFF,REPI 1D,D7,97IFio,"cial Coosultaot 15o,1omb" 29. 1997 14,57pmll
~-.3
- - .,,-
AGENCY RESOLUTION NO. /:r~"
and ,
COUNCIL RESOLUTION NO. ~,
JOINT RESOLUTION OF THE CITY COUNCIL AND THE
REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA
APPROVING A CONTRACT WITH KEYSER MARSTON
ASSOCIATES, INC. FOR CONSULTING SERVICES FOR MARKET
ANALYSIS AND FINANCIAL FEASIBILITY SERVICES
WHEREAS, significant development proposals are anticipated for various properties
within the City and Redevelopment Project Areas; and
WHEREAS, the City and Agency require expert advice with regards to market
analysis and financial feasibility of real-estate development proposals; and
WHEREAS, the City's consultant selection process was followed and the firm of
Keyser Marston Associates, Inc. was selected as a result of the competitive bidding process; and
WHEREAS, Keyser Marston Associates, Inc. warrants and represents that they are
experienced and staffed in a manner such that they are and can prepare and deliver the services
required of Keyser Marston Associates, Inc. to the City and Agency within the time frames herein
provided all in accordance with the terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED the City Council and Redevelopment Agency
of the City of Chula Vista do hereby approve, in the form presented, an exclusive contract with
KMA to provide consulting services for market analysis and financial feasibility services for a
period of two years from the adoption of this resolution; with the option to extend the contract
for an additional two years at staff's discretion. A copy of the Agreement shall be kept on file
with the Agency Secretary,
Presented by Approved as to form by
~L~ ~~ '
Chris Salomone
Director of Community Development ounsel
IIDAI H,\HOMEICOMMDEV\RESDS\KMA ISoptomb" 30, 1997 ",19pmll
4-4
- - ,.
ATTACHMENT 1
KEYSER MARSTON ASSOCIATES INC ADVISO" lNO
COMMUNITY OEVElOPMENI R L ESTATE
SOil SOUTH C"'D AveNUE. SUITE 1480 B R EVEwr'MENT
.A EORDABLE HOUSING
La; ANG"". CAUEO"," 90071 E ONOMr" DEveCOCMCNT
P"ONe 213/622-S09S JUL 2 5 I9Ø1
FA<,213/622-52()4 Fr CAC IMCACT
E-MAle kmala@kmainuom I, "STRUCTURE FINANCE
WEB SITe http'/ /www,kmainuom V LUAnON AND
meATION SUPPORT
Los ANG£L£S
CALVIN E, HOLUS, II
KATHLEEN H, HEAD
jAMES A, RAOC
SAN DIEGO
GERALD M, TRIMBLE
ROBERT . WETMOI<E
July 24, 1997 PAULc.MARRA
SAN FRANCiSCO
A,jERI<Y KEVSER
TIMOTIfY C. KELLY
KATE EARLE FUNK
Mr. Chris Salomone DENISE E, CONLEY
Community Development Director DEBBIE M, KE"
MARTHA r-;, PACKARD
276 Fourth Avenue
Chula Vista Avenue
Chula Vista, California 91910
Dear Mr. Salomone:
Keyser Marston Associates, Inc. (KMA) is pleased to submit this proposal to provide
market analysis and financial feasibility services to the Community Development
Department of the City of Chula Vista (Agency) in response to the July 1997 request for
qualifications (RFQ). KMA, which was formed in 1973, is a full service real estate,
financial and economic consulting firm specializing in real estate predevelopment and
evaluation services, We believe that KMA is uniquely qualified to assist the Agency as a
market and economic advisor forthe following reasons:
1. For 24 years, KMA has provided assistance at all levels of the public sector
throughout the State in:
. Real estate market and evaluation services
. Affordable housing program/financial evaluation services
. Transaction structuring
. Public financing
. Developer selection and negotiations
. Redevelopment Plan Adoption and Implementation
2. The firm's principals are recognized leaders in the areas of public/private real
estate development, market analysis, redevelopment finance and affordable
housing throughout Califomia. The philosophy and structure of our firm allows
clients to have maximum direct contact with principals.
4-~
'" -
Mr. Chris Salomone
July 24,1997
Page 2
3, KMA is cost effective for our clients given our ability to provide integrated market
and financial feasibility services, transactional experience, direct implementation
experience and public finance expertise.
The RFQ identifies the range of economic advisory services in which the Agency
anticipates requiring assistance to implement development projects and affordable
housing activities. As such, the summary of the KMA qualifications focuses on the firm's
directly relevant experience. This summary presents a representative sample of the
firm's experience assisting other public sector clients in evaluating and implementing
similar projects,
The KMA submission is organized as follows:
1. The firm's qualifications and resumes of the three principals in the Los Angeles
office of KMA, the manager of our San Diego office and the KMA founding
principal.
2. The firm's recent experience and client references, including:
. A general description of the firm's background and work experience,
. Examples of market and financial feasibility assessments completed by
KMA.
. Summaries of the firm's experience providing related economic consulting
services such as public agency financial planning, property tax increment
analyses, public agency fiscal consulting services and redevelopment plan
adoption services.
. Descriptions of the affordable housing policies, programs and financial
evaluations performed by KMA.
. A list of the firm's current and past clients, including the contact names and
telephone numbers for three references.
3. A detail of services provided for two recent projects. The first involves industrial
land uses and the second involves an entertainment retail visitor serving use.
4. A proposed work schedule and cost estimate for the scenario presented in the
RFQ. In addition, KMA has enclosed a 1997 billing rate schedule for all firm
members, overhead and other charges.
4-"
KEYSER MARSTON ASSOCIATES IN C
Mr. Chris Salomone
July 24, 1997
Page 3
The KMA Los Angeles office has enjoyed working with the Chula Vista Community
Development Agency over the past six years. In our experiences with the Agency we
believe we have developed an understanding of the demographic, market and policy
framework within which the Agency operates. To date, our services to Chula Vista have
been managed by Cal Hollis, Senior Principal of our Los Angeles office. We look forward
to being of continuing assistance to the Agency and we would intend to continue in that
manner, given the experience gained with the Agency, However, should the Agency
desire more local representation, we are prepared to manage the firm's services through
our San Diego office, with Mr. Hollis acting as a consulting principal to ensure continuity.
If you require any additional information, or if there is any way this proposal can be
modified to better suit your needs, please do not hesitate to call.
Yours very truly,
KEYSER MARSTON ASSOCIATES, INC.
~?>k
Calvin E. Hollis
CEH:gbd
Attachments
97473,KMA
99900,900
4-7
KEYSER MARSTONAsSOCtATES INo.
I. FIRM BACKGROUND AND WORK EXPERIENCE
Keyser Marston Associates is a real estate advisory firm, with a staff of over 40
employees. The firm has offices in Los Angeles, San Francisco and San Diego, KMA
serves a diverse client base throughout the western United States, including local, county
and state government, as well as large institutional clients, pension funds and developers.
The Los Angeles office provides consulting services to a wide range of government
agencies, primarily redevelopment and community development agencies in Southern
and Central California.
Uniquely, KMA combines its real estate advisory services with a range of financial
services including the projection of public revenues, fiscal impact analyses and economic
analyses of alternative land use options. Additionally, the firm has extènsive experience
in the use of public financing as part of the development process.
The real estate consulting services provided by Keyser Marston Associates typically fall
into four general areas, They are:
. Market Feasibility - KMA has undertaken feasibility studies for clients rànging from
department stores to public agencies. While the purpose of these studies varies
considerably, the essence is to identify the basic demand for the use being tested, an
essential component in the decision making process. The KMA Los Angeles office
has undertaken numerous commercial, retail and housing market opportunities
assessments, and based on these assessments has assisted redevelopment
agencies in the identification of mid to long-term redevelopment strategies.
. Financial Feasibility - The use of pro forma financial analyses to evaluate the
financial feasibility of a wide range of projects is a strength of KMA. Our financial
feasibility analyses are typically geared toward providing our public sector clients with
a perspective on the private sector development economics for proposed projects.
This is often a key factor in identifying the need for public financial assistance.
. Disposition Consulting - This service category covers a broad spectrum of activities
in which KMA assists clients in the disposition of real estate holdings. KMA has taken
an active role in the negotiations process leading to numerous DDA's, OPA's, and
ground leases.
. Financial Consulting - KMA has been engaged by numerous redevelopment
agencies to act as fiscal consultant in the issuance of tax allocation bonds, In
addition, KMA has provided financial services to public sector ,clients ranging from
property tax increment projects to loan structuring for the implementation of various
projects.
4-fI
KEYSER MARSTON ASSOCIATES INC
Mr. Chris Salomone
July 24,1997
Page 2
KMA's experience encompasses a broad array of real estate product types including:
. Commercial/Office . Entertainment
. Industrial/R& D . Market Rate Residential
. Biotech/High Tech . Affordable Housing
. Retail . Waterfront Development
The Keyser Marston Los Angeles office is headed by three principals, Mr. Calvin Hollis,
Ms. Kathleen Head and Mr. James Rabe, and is supported by eight technical staff. While
each principal has a broad background in all aspects of real estate consulting, each has a
specific area of specialty related to their education, experience and interest.
Mr. Hollis, senior principal, has a financial background with extensive experience in
structuring public/private transactions. Ms, Head, principal, has a business and planning
background and is the Los Angeles manager of housing related services, In addition, Ms.
Head has extensive experience in the evaluation of commercial development
opportunities. Mr. Rabe, principal, has a background in economic analysis and
specializes in development agreement and ground lease negotiations.
A unique strength of KMA is the firm's ability to draw upon the particular talents and
expertise of all its offices as necessary. In addition to the three principals in the Los
Angeles office, the San Diego and San Francisco offices have a total of 8 principals
with additional expertise in the following areas:
. Entertainment retail
. Sports and sports related retail
. Economic development
. Business improvement district implementation
. Strategic planning and organization
. Hospitality, including hotel and convention center
While each of our clients are assigned a managing principal, the expertise of the entire
firm is brought to bear in an efficient and cost effective manner. Resumes of the three
principals in the Los Angeles office of KMA, the manager of our San Diego office and the
KMA founding principal are presented at the conclusion of this proposal.
4-f1
KEYSER MARSTON ASSOCIATES IN C.
Mr. Chris Salomone
July 24,1997
Page 3
II. SELECTED MARKET AND FINANCIAL FEASIBILITY ANALYSIS
EXPERIENCE
The foundation for all of KMA's real estate advisory services is an understanding of
market demand dynamics, The ability to internally perform market analyses allows KMA
to be confident that its other real estate services are based on sound market realities.
KMA also has substantial experience in conducting pro forma financial analyses for its
public and private sector clients in a wide range of land use types. A representative
sample of KMA market and financial feasibility experience for a range of land uses
follows:
A. Market Demand Analysis
JMB Urban, Regional Retail Center. Rocklin KMA prepared an analysis of the market
demand for a major regional shopping center in Rocklin. The analysis included an
extensive examination of the competition and population projections for this high growth
area, KMA used the market assessment as one tool in assisting the developer with
negotiations to obtain development entitlements and public financial assistance.
Regional Retail Center Expansion 0 City of Long Beach KMA assessed the near-term
opportunities associated with rehabilitating and expanding an existing regional retail
center, The market analysis tested the depth of demand for the regional mall expansion
as compared to the market opportunities associated with developing a large scale
promotional retail center. The market demand was quantified using a retail allocation
computer model developed by KMA. The model was used to test the varying impacts
associated with expanding the existing center with anchor tenants that traditionally serve
different market segments.
May Centers Development, Regional Shopping Center 0 Inland Empire KMA
assessed the near-term market opportunities for a regional shopping center to be located
in the Inland Empire. KMA also identified the trade area for the proposed center, which
encompasses portions of four counties; prepared population projections for this rapidly
growing area; and developed a retail allocation model to estimate the share of
comparison expenditures potential that a regional mall at the site could be expected to
capture.
Downtown Market Opportunities Analysis 0 City of Riverside KMA prepared an
analysis of market opportunities for downtown Riverside, taking advantage of the newly
reopened Mission Inn. The analysis determined the potential for entertainment, and
eating and drinking anchored street retailing. KMA is advising the Redevelopment
4-10
KEYSER MARSTON ASSOCIATES I N C-
o.
I
Mr. Chris Salomone
July 24, 1997
Page 4
Agency on key tenant programs designed to implement the identified market
opportunities.
Mixed Use Analysis - City of San Diego KMA prepared a market assessment of hotel,
retail, restaurant and conference center uses for the owner of a parcel in San Diego's
Mission Bay Park. KMA then prepared a financial feasibility analysis for a hotel!
conference center development, which was the use that generated the highest land
value. KMA assisted the property owner, a major pension fund, in negotiating with the
various government bodies to secure the necessary approvals to change the existing land
use designation.
Rick Engineering Company - Naval Training Center Re-use Plan - City of San
Diego KMA was retained in Spring 1994 by Rick Engineering Company and Calthorpe
Associates as the base reuse consultants, to work with the City of San Diego and the
Base Reuse Planning Committee to complete a reuse plan for NTC. NTC is a BRAC
'93 base closure and is a unique reuse assignment because of the urban location of the
base, the number of existing buildings to be retained and the numerous restrictions
impacting reuse. KMA is undertaking all market demand analysis, financial feasibility
analysis, fiscal impact studies, economic blight analysis, financial planning, marketing
and base disposal planning for NTC,
Irvine Business Complex Hotel Development Analysis. City of Irvine As a part of
the specific planning process, KMA projected the near- to mid-term demand for hotel
development within the Irvine Business Complex. The hotel projections were based on
an analysis of historical hotel development trends, current performance of existing hotels,
in conjunction with projected employment and population growth, The projections were
performed primarily to evaluate the demand for business quality hotel development.
4-1(
KEYSER MARSTON ASSOCIATES INc.
Mr. Chris Salomone
July 24, 1997
Page 5
B. Selected Retail/Hotel/Mixed Use Financial Analyses
Aetna Realty Advisors - Phoenix, Arizona KMA advised Aetna in the highest and best
use of a 115-acre holding in greater Phoenix, Arizona. Land uses analyzed included
regional shopping center, promotional shopping center, office, hotel, and residential.
BCTC - Monterey Park KMA performed a financial assessment of a mixed-use retail,
cinema, and office project for the owner of the property. KMA's analyses was the basis
for negotiations with major anchor tenants as well as the City of Monterey Park.
Media Center - City of Burbank KMA performed detailed financial analyses of this
complex joint-venture development of over 1 million square feet. KMA valued the City's
participation in projected project profits and assisted in the negotiations.
Citadel - City of Commerce The site for the Citadel, formerly the location of the Uniroyal
Tire Plant, was obtained by the City of Commerce. KMA analyzed the ground lease
proposal from the Trammel Crow Company and assisted the City in negotiating ground
lease terms for this retail, office, and hotel project.
Red Lion Hotel - City of Glendale KMA participated in the developer selection process
for a business quality hotel/meeting facility to be located in downtown Glendale. KMA
assisted the Redevelopment Agency in negotiating the land sale terms and parking
structure agreement with the selected developer. This Red Lion Hotel has since opened,
The Wateñront - City of Huntington Beach KMA assisted the Redevelopment Agency
in the disposition negotiations for a 46 acre site owned by the City of Huntington Beach
that was to be developed with four first quality hotels, 650 residential units, specialty retail
stores and athletic club facilities. KMA determined the fair reuse value of the property,
and prepared public revenues projections to assist in determining the public benefits
associated with the project.
Balboa Bay Club - City of Newport Beach As part of the lease extension for the
Balboa Bay Club, KMA assisted the City in assessing both the market demand for
residential and a conference center hotel as well as financial analysis under various
scenarios.
Hotel/Recreation Facilities - City of Palm Springs KMA prepared financial analyses of
three hotels proposed to be located in downtown Palm Springs, These assignments
ranged from an analysis of the financial feasibility of developing a first class resort hotel in
conjunction with the rehabilitation of an existing golf course; an assessment of a
moderate priced hotel to be developed as a part of a hotel/golf/tennis/retail/ residential
4-12-
KEYSER MARSTON ASSOCIATES I N C.
- - ",-
Mr. Chris Salomone
July 24, 1997
Page 6
mixed-use project; and an evaluation of the supportable rehabilitation costs for an existing
hotel/spa complex.
Waterfront Hotel. City of Santa Monica KMA assisted the City in the selection of a
developer and in developer negotiations for a major waterfront hotel site in the City of
Santa Monica. The analysis included an assessment of the hotel market, financial
modeling, and assistance to legal counsel in structuring the land lease.
4-1.3
KEYSER MARSTON ASSOCIATES I N C.
- - ,-
Mr. Chris Salomone
July 24, 1997
Page 7
C. Sports and Entertainment Facilities Experience
Entertainment/Retail/Sports Complex - San Francisco KMA prepared an initial
feasibility assessment for a major urban entertainment!sports complex in the City of
San Francisco. The project consisted of a multi-themed complex anchored by a
stadium and an arena with a cutting edge approach to retailing, food service,
recreation, and entertainment. The term emerging for this new commercial forum and
blend of activities is the Urban Entertainment Center.
Keyser Marston has, in the course of this work in San Francisco, familiarized itself with
virtually all of the signature entertainment!retail and multi-venue sports/entertainment!
retail facilities in the United States. Beyond familiarization, Keyser Marston has the
experience to "bundle" the program elements such that the emerging complex will be
double and can add to a geographic area's regional and national image.
Clients for the San Francisco complex included the San Francisco Giants and the
Catellus Development Corporation.
S. H. Cowell Foundation/Cowell Ranch - Brentwood KMA evaluated the market
feasibility of a golf course development on a 4,900 acre property located in Brentwood,
California. Various golf course designs and concepts present in the California
marketplace were identified and profiled. Analysis included market area demographics,
golf participation levels, local golfer patterns and supply of existing courses. KMA
recommended a feasible golf course concept and projected the number of rounds and
additional golf courses supportable in the market area.
Brown & Root Building Company - Victorian Square KMA prepared a financial
analysis for a proposed mixed-use entertainment complex, The project included a
5,000-seat arena complex featuring an ice rink and production stage, meeting rooms,
30,000 square foot cinema, and 200,000 square feet of retail/restaurants. The financial
analysis considered various configurations with and without the arena and cinema,
San Diego Arena KMA prepared a financial feasibility analysis of the project returns
generated by the arena and the level of public sector assistance warranted. The
analysis included the assessment of risks associated with public/private participation in
the project and the structure of the transaction terms to insure consistency with the risk
levels.
San Jose Giants Site - San Jose KMA prepared the land valuation and analyzed the
proposed transaction for an option and lease of an 88-acre site for the Giants stadium,
projecting the financial returns to the State of California based on terms of a preliminary
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Mr. Chris Salomone
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agreement. KMA also assisted in negotiating the letter of intent between the State and
the City of San Jose.
Westdome Sports Arena. Santa Ana KMA evaluated the project economics and
analyzed alternative locations for an arena owned by a joint venture, Income for both
sport and non-sport/entertainment events was projected. Issues related to project
feasibility and the costs of mitigation were assessed. KMA also assisted in the
development of a deal structure that was workable for both the arena operator/owner
and the City of Santa Ana. KMA developed a computerized cash flow model that
projected area revenues, expenses and debt service payments.
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Mr. Chris Salomone
July 24,1997
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D. Selected Tax Increment Revenue and Cash Flow Projection Experience
Proposed Project Merger - Long Beach Redevelopment Agency KMA has been
retained by the Long Beach Redevelopment Agency to provide financial advisory services
related to the Agency's proposed merger of existing redevelopment project areas. The
long range projections of tax increment revenues for each of the subject redevelopment
project areas have been incorporated into a series of cash flow projections to determine
the financial feasibility of the proposed merger.
Maravilla, Willowbrook, West Altadena & East Compton Projects - Los Angeles
County Community Development Commission KMA provided short term tax
increment projections for the redevelopment project areas administered by the Los
Angeles County Community Development Commission, The revenue projections were
used as a financial planning tool to assist the Commission in anticipating the tax
increment revenue growth potential in the respective project areas. KMA submitted
Statement of Indebtedness recommendations to Commission staff to enable the
maximum allocation of tax increment revenues in future fiscal years.
San Fernando Road Corridor Project. Glendale Redevelopment Agency KMA
prepared a ten year tax increment revenue projection for the Glendale Redevelopment
Agency's San Fernando Road Corridor Redevelopment Project. The revenue projection
was prepared based upon anticipated new developments and transfers of ownership in
the Project Area, including alternative proposals for a Dreamworks animation facility.
Merged Project Area - San Jose Redevelopment Agency KMA has been retained by
the San Jose Redevelopment Agency to provide on-going financial advisory services
relating to the projection of tax increment revenues of the Merged Area Project. The
scope of services provided includes an evaluation and reporting of economic and real
estate conditions in the Project Area and greater San Jose region, which provide the
basis for KMA's projection of future tax increment growth to the Agency. The tax
increment projections also incorporate identified new development and assessment
appeal activities occurring in the Project,
Redevelopment Projects AB and C - Brea Redevelopment Agency KMA developed a
spreadsheet based tax increment and cash flow model of the Agency's redevelopment
project areas. The model has permitted Agency staff to test the programmatic cash flow
consequences of pursuing various redevelopment opportunities. The tax increment
projection incorporates new development and trended growth sensitivity tests which
permits the Agency to see the resulting bond financing capacities allowable in the
respective project areas.
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E, Selected Public Financing Analyses
City of Brea KMA developed, for use by the Brea Redevelopment Agency, a cash flow
model of Agency operations to allow Agency staff to test the programmatic/cash flow
consequences of pursuing various redevelopment opportunities. The program allows the
testing of various financing options including Mello Roos, lease revenue bonds, tax
allocation, bonds, etc.
Glendale Redevelopment Agency KMA advised the Agency in the negotiation and
structuring of a development agreement for the first expansion of the Glendale Galleria
regional shopping center, which included the use of C.O.P. and UDAG financing.
San Leandro Redevelopment Agency KMA served as financial consultant to the San
Leandro Redevelopment Agency to provide a long range cash flow analysis and
recommend a strategy for the management of Agency resources to meet current and
future Agency obligations. In the process of this analysis, recommendations were also
made pertaining to compliance with current Housing Set Aside requirements and the
analysis of certain tax sharing agreements.
The Redevelopment Agency of the City of Palmdale KMA prepared projections of
sales tax to be generated by the Antelope Valley Regional Mall in support of tax exempt
financing to be repaid by sales and property taxes.
Glendale Redevelopment Agency KMA prepared a long range financial analysis for the
Glendale Redevelopment Agency which included a revenue projection and review of the
Agency's expenditure program. The assignment resulted in a comprehensive cash flow
analysis which identified sources of discretionary revenues to finance additional programs
desired by the Agency. Assessment of the impact of potential downward reassessment
of property value was recently completed.
City of Long Beach KMA assisted the City of Long Beach in its application and
subsequent aware of a 40 million Section 108 Loan to assist in the development of the
Downtown aquarium currently under construction.
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Mr. Chris Salomone
July 24, 1997
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F. Affordable Housing Services
Pine Court Financial Feasibility Analysis - Long Beach Redevelopment Agency
KMA prepared a financial feasibility assessment for the 142 unit Pine Court apartment
complex in downtown Long Beach. The purpose of the KMA analysis was to project the
net income after debt service for the residential-retail-entertainment mixed-use project for
use in support the project's refinancing with tax-exempt debt. The urban apartment
project is a pioneering venture targeted to upscale tenants, with 20% of the units set-
aside for very low income households to qualify for tax-exempt financing and Low Income
Housing Tax Credits.
Holly Court Apartments Financial Assessment - Pasadena Redevelopment Agency
KMA performed an assessment of a high density upscale apartment project to be located
in downtown Pasadena. The project includes an allocation of very low income units in
order to qualify for tax exempt financing. The project also received Mello Roos financing
and a MT A Grant. The KMA analysis quantified the warranted level of Agency assistance
to the project.
Aetna Realty Investors - Spectrum Site Market Assessment KMA assessed the
market opportunities for the development of a :t125 acre site located in Tempe, Arizona.
To evaluate the market opportunities for residential development, KMA reviewed regional
population growth projections, recent residential development activity, pricing/absorption
data and historical residential development patterns information from throughout the
Phoenix Metropolitan Area.
Nikko Capital Company - San Mateo - Market Opportunities Assessment KMA
assessed the market opportunities for the development of a city block in San Mateo,
which was assembled by Nikko Capital Company. Based on demographic and
competitive characteristics analyses, KMA recommended the development of high-rise
luxury condominiums. KMA continued to work with the developer throughout the pre-
development stages to provide technical assistance.
Town Square Disposition Consulting - Huntington Beach KMA assisted the
redevelopment agency in the negotiations for the disposition of a parcel owned by the
City, which was to be developed with a mix of townhouse and condominium flat units.
KMA determined the fair reuse value for the property, and assisted the Agency in
structuring a transaction that provided an upfront land payment and a participation
share in the project's future income. KMA assisted the Agency in monitoring the
participation agreement over time.
Strategic Plan - City of Oxnard The City of Oxnard is faced with shortfalls in each of the
affordable housing areas. The strategy plan prepared by KMA identified how programs
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Mr. Chris Salomone
July 24, 1997
Page 12
and developments that had already been approved and proposed projects fit into an
efficient affordable housing production plan, The strategy plan consolidates the
requirements imposed by both the State and the Federal government in one document,
and presents the current status and the projected development over a five year projection
period.
Housing Strategy - Yorba Linda Redevelopment Agency Housing in Yorba Linda is
predominated by single-family homes, and the City has imposed strict density limitations
on future development. The strategy plan prepared by KMA provides alternative develop-
ment scenarios to fulfill the City's affordable housing needs for both families and senior
citizens, recognizing both the constraints created by the density limitations, and the
limited available financial resources.
Housing Strategy - Burbank Redevelopment Agency Burbank requires significantly
more affordable housing units than can be attracted with the funds available. The KMA
strategy identifies the housing need, quantifies the cost to attract housing and recom-
mends a funding plan to meet a portion of the Agency's replacement housing and
housing production requirements, The plan also recommends non-monetary incentives
to encourage private sector development.
First Time Home Buyers Assistance Program KMA has assisted the Cities of
Glendale, Brea, Azusa, Garden Grove, Anaheim, Long Beach, Costa Mesa and Whittier
in the creation and/or implementation of silent second trust deed assistance programs,
The fundamental role played by KMA in this process is to ensure that the programs
provide the jurisdiction with a revolving source of future revenues to fund affordable
housing, while providing the home buyers with the potential to accumulate sufficient funds
over time to invest in move-up housing.
Mobile Home Park Preservation Policy KMA has prepared a policy paper related to
city/redevelopment agency involvement in mobile home park transactions as a means of
providing affordable housing, The analysis includes a summary of financing and policy
legislation impacting mobile home parks, the economic issues associated with
prospective tenant buy-outs of privately owned mobile home parks and the financial
opportunities for municipalities to own and operate parks.
Rehabilitation Loan Program - City of Glendale KMA has assisted the City of
Glendale in establishing funding allocation priorities and affordability parameters for a
rental rehabilitation loan program. The defined program establishes equity contribution
requirements for non-profit and for profit developers, income restriction covenants based
upon the amount of funding being provided by the City, and threshold loan to value ratios
to protect the City's investment.
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Mr. Chris Salomone
July 24, 1997
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Inclusionary Housing Analysis. City of Brea KMA assisted the City of Brea in
analyzing the financial impact associated with requiring private sector residential
developers to set-aside units for very low, low and moderate income households, The
KMA analysis quantified the net economic detriment created by the inclusionary
requirement, after consideration of the benefits associated with various incentives being
offered by the City, The KMA analysis evaluated the financial impacts on both rental and
ownership housing.
Financial Feasibility Analyses - Long Beach Housing Development Company On
an ongoing basis, KMA analyzes the financial feasibility of income restricted rental and
ownership projects proposed to the Long Beach Housing Development Company, These
analyses are performed to identify the financial gap associated with proposed projects.
KMA also assists in negotiating affordable housing agreements with prospective
developers. KMA structured the credit enhancement program currently being used by the
Housing Development Company.
Financial Feasibility Analyses - Glendale Over the past ten years, KMA has analyzed
the affordable housing projects proposed to the Community Development Department.
The projects analyzed range from new construction of rental units targeted to very low
income senior citizens to "for sale" units for moderate income families. KMA has also
examines the viability of acquiring existing projects, rehabilitating the units to meet the
City's development standards and renting the units to very low and low income
households.
Financial Feasibility Analyses - Palmdale Redevelopment Agency KMA performed a
financial assessment of the proposed acquisition and rehabilitation of 295 family and
senior citizen apartment units in six projects located in a downtown "target area." The
analysis included an evaluation of the fair market value of the properties, an identification
of the financial feasibility of the proposed rehabilitation improvements and a quantification
of the financial detriment associated with the proposed income/affordability restrictions.
The analysis also considered the advisability of utilizing tax exempt financing and/or tax
credits.
Apartment Project Financial Feasibility Analysis - County of Orange KMA prepared
a financial assessment of an apartment project restricted to very-low and low income
families to be developed on a County owned site. The project is being financed with
consortium financing, Low Income Housing Tax Credits, an AHP grant and developer
equity. KMA identified the reuse value of the site, and quantified the net present value of
the proposed payment terms,
Financial Feasibility Analysis - Anaheim Redevelopment Agency KMA performed an
economic analysis of the proposed acquisition and rehabilitation of forty-five apartment
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Mr. Chris Salomone
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buildings under thirty-five different ownerships, The consolidated project would be under
one ownership, and financed with a combination of tax exempt debt and tax credits. The
KMA analysis was performed to identify the most efficient financial structure and public
assistance package,
Financial Feasibility Analysis - Brea Redevelopment Agency KMA performed an
economic analysis of the proposed redevelopment agency acquisition of six apartment
buildings located on two blocks in the City of Brea. Subsequent to the acquisition, the
agency issued an RFP to non-profit developers for the rehabilitation of these over-
crowded buildings, The KMA analysis included an assessment of the warranted financial
assistance to be provided to the selected developer, as well as a quantification of the
relocation costs to be borne by the agency, KMA is currently assisting in the evaluation of
the developer proposals.
Developer Solicitation - City of Fullerton KMA evaluated the developer proposals
submitted in response the City of Fullerton Notice of Funding Availability, The KMA
analysis considered the proposed projects' compliance with the pertinent California
Redevelopment Law requirements as well as the Federal HOME program requirements.
KMA provided technical guidance to the Affordable Housing Sub-Committee during the
selection process,
Developer Solicitation and Negotiations - Costa Mesa KMA drafted the Request for
Proposals used to select a non-profit organization for an acquisition! rehabilitation project
to be assisted with HOME funds, CDBG funds and Property Tax Increment Housing Set-
Aside funds. KMA evaluated the RFP responses, and provided summaries of the
proposals' strengths and weaknesses. KMA was a member of the interview panel
convened to select the team to be awarded the project. KMA is currently assisting in the
negotiations process with the selected developer.
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Mr. Chris Salomone
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G. CLIENT REFERENCES
KMA represents a broad range of clientele including cities, redevelopment agencies,
public sector regulatory agencies, property owners, private sector developers, non-profit
organizations, institutional and cultural entities, A list of representative clients is
presented at the conclusion of this proposal. Selected references are noted below. We
will be happy to provide additional references at your request.
City of Long Beach
Ms. Susan Shick
Director of Redevelopment
333 West Ocean Boulevard, Third Floor
Long Beach, California 90802
(310) 570-6570
Ms. Diane McNeel
Housing Services Bureau Manager
333 West Ocean Boulevard, Second Floor
Long Beach, California 90802
(310) 570-6926
City of Glendale
Ms, Jeanne Armstrong
Executive Director
633 East Broadway, Room 201
Glendale, California 91205
(818) 548-2005
Ms. Madalyn Blake
Director of Community Development and Housing
141 North Glendale Avenue, Room 202
Glendale, California 91205
(818) 548-3706
City of Brea
Ms, Susan Georgino
Redevelopment Services Director
One Civic Center Circle
Brea, California 92621
(714) 671-4485
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Mr. Chris Salomone
July 24, 1997
Page 16
III. DETAIL OF RECENTLY PROVIDED SERVICES
Industrial Uses, Roeding Business Park Feasibility Study - City of Fresno KMA
was retained by a private development company to study the feasibility of a 1,400 acre
proposed redevelopment project in the southwestern portion of the City of Fresno. The
range of proposed uses included the development of industrial parks and commercial
uses to complement the proposed extension of the Route 180 Freeway. Analyses
performed by KMA included infrastructure capacities, blight eligibility and financial
feasibility. KMA worked closely with City staff and consultants to assess the financial
feasibility of the project as well as the potential market demand for industrial and
commercial space. Subsequently, KMA was retained by the City to manage the
successful adoption of the Roeding Business Park Redevelopment Project.
Visitor Serving Uses, Hollywood and Highland - City of Los Angeles KMA is
currently providing financial consulting services to the LA MTA and the LACRA. These
services are being provided with respect to the :1::470,000 square foot entertainment
retail center proposed to be developed at Hollywood and Highland in the City of LA by
the Trizec Hahn Company. As currently proposed, the project will include restaurant,
specialty retail and food and cinema and theater uses. KMA's role includes projecting
the likely revenues to be generated by the project, and negotiating on behalf of the MTA
regarding the proposed long-term ground lease. Accordingly, KMA has undertaken a
series of economic analyses of the project, and has identified the outstanding issues
related to the various development scenarios under consideration. Specifically, KMA
has prepared 30-year cash flow projections and alternative income participation
formulas, and continues to negotiate with the Developer on behalf of the MTA to
achieve the MTA's required return on investment.
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Mr. Chris Salomone
July 24, 1997
Page 17
IV, PROPOSED WORK SCHEDULE AND COST ESTIMATE
As requested, KMA has prepared a proposed work schedule and cost estimate for the
scenario identified in the RFP, Specifically, this work schedule seeks to: analyze an
Agency owned parcel; examine the impediments to private development; make
recommendations for highest and best use and assist staff in preparing a request for
proposal for development.
A. Background Statement
It is our understanding that the Site totals 6.35 acres and is currently owned by the
Agency. The Site is located within the Bayfront Redevelopment Area and is bound by
the southbound Interstate 5 "E" Street off ramp on the south and east, the San Diego
and Arizona Railroad right of way to the west and a US Department of Fish and Wildlife
conservation area to the north. The Site has freeway visibility and is adjacent to the
Nature Interpretive Center and Bayfront. The Site is also located near established
restaurants, the marina and Bayside Park. However, the Site is currently landlocked,
and CalTrans has indicated it will not allow access to the Site from the E Street off-
ramp. While future access is possible, it will required crossing existing railroad track
twice. Moreover, high-tension lines pass through the Site.
It is further our understanding that the Agency prepared an RFP for development of the
Site in 1992, but that, to date, development proposals have required substantial public
financial assistance to achieve financial feasibility, Accordingly, the KMA proposal
identifies the steps KMA proposes to undertake to identify the land use which supports
the highest economic value of the Site and to assist the staff in developing an RFP
which would lead to the disposition and development of the Site,
B. Scope of Services
1, Confirm Agency Objectives for the Site
The efforts for development should be guided by a clear understanding of the Agency's
multiple objectives for the site, and an identification of objectives which may be
conflicting. An understanding of the Agency's objectives will narrow the field of
potential land uses to be examined, allowing for time and cost efficiencies,
2. Review Prior Solicitation Efforts
The Agency has previously solicited development proposals for the site and conducted
negotiations of a development agreement. The agreement was not fully negotiated. An
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Mr. Chris Salomone
July 24, 1997
Page 18
important step is reviewing the history of prior efforts to understand why they were
unsuccessful, particularly if the land use negotiated remains a goal for the site.
Obstacles could have included a flawed development plan, unfavorable market
conditions, inability of the selected developer to perform, or unfeasible project
economics. Review of this history may reduce the efforts spent in generating additional
interest in the site.
3. Market Overview
KMA will conduct an overview of the current market conditions for the land use(s)
desired for the site, This overview will be expedited through our firm's ongoing work in
the San Diego market place. The purpose of the overview will be document the
economic conditions related to the target uses sufficiently to determine the feasibility of
soliciting development of such uses. The overview does not require the in-depth
inventory or productivity data required of a traditional market study,
4. Financial Analysis
KMA will undertake pro forma market analysis for those land uses which appear to have
market support and are consistent with the objectives of the Agency,
5. Strategy Session and land Use Decision
Once the market overview and financial is completed, KMA will make recommendations
as to the most viable land uses for the subject property recognizing both market
conditions and the particular attributes of the site, both positive and negative. From
this, the Agency will be in a position to provide direction as to the specific uses to be
solicited in the Request for Qualifications.
6. RFQlRFP
KMA will assist the Agency in determining the form of the solicitation (RFQ or RFP),
content and format and will review drafts prepared by Agency staff.
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Mr. Chris Salomone
July 24, 1997
Page 19
C. Fee Estimate
The following fees are estimated:
1. Confirm Agency Objectives $ 500
2, Review Prior Solicitation Efforts $1,500
3, Market Overview $3,500
4. Financial Analysis $3,000
5. Strategy Session and Land Use Decision $ 500
6. RFQ/RFP $2,000
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KEYSER MARSTON ASSOCIATES tNC
V. HOURLY RATES AND REIMBURSABLE
1997 Billing Rate Schedule
A. Jerry Keyser $175.00
Senior Principals $160.00
Principals $150.00
Senior Associates $130,00
Associates $115,00
Senior Analysts $100.00
Analyst $ 90.00
Technical Staff $ 65.00
Administrative Staff $ 50.00
Directly related job expenses not included in the above rates are: travel, delivery,
electronic data compilation, graphics and printing, Directly related job expenses will be
billed at 110% of cost.
Monthly billings for staff time and expenses incurred during the period will be payable
within thirty (30) days of invoice date. A charge of 1 % per month will be added to all
past due accounts,
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KEYSER MARSTON ASSOCIATES INc.
RESUMES
KEYSER MARSTON ASSOCIATES, INC.
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Other areas of specialization are:
DEVELOPMENT AGREEMENT NEGOTIATION
Mr. Hollis has represented both
public and private sector clients in
the negotiations of complex publici
private development agreements,
Mr, Hollis is a senior principal and including the ground lease for the
co-manager of the Los Angeles office Citadel project in Commerce, the
and directs all of KMA's redevelop- Central California Regional Medical
ment planning and financial manage- Network project in Fresno, and the
ment services. For more than 20 Grand Central Square project in
years he has provided public and downtown Los Angeles.
private clients with real estate analy- FINANCIAL FEASIBILITY Mr. Hollis has
sis and with expertise in the adoption designed the financing plan for such
of redevelopment plans and financial projects as the Roeding Business Park
planning, in Fresno and the Carson Mall/IKEA
Calvin E. Hollis II KEY ROLE Mr. Hollis has played a renovation and expansion project,
major role in structuring development utilizing combinations of public and
agreements and in identifying the private financing,
financing necessary in public and PROFESSIONAL CREDENTIALS
private real estate projects, Project Mr, Hollis is a member of the Urban
managers throughout California and Land Institute's Inner City Coordinat-
in the western states seek his exten- ing Committee, the Small Scale
sive experience with joint publici Development Council and the Los
private transactions, Mr, Hollis Angeles District Council's Steering
assumed a lead consulting role in the Committee, Mr. Hollis also serves on
Holly Street project in Pasadena and the California Redevelopment
the Pine Avenue project in Long Association's Technical Advisory
Beach, two outstanding examples of Committee, He has conducted
mixed-use projects requiring layered seminars and addressed conferences
financing, sponsored by the Urban Land Insti-
REDEVELOPMENT FINANCE SPECIALIST tute, California Redevelopment
Mr, Hollis is a recognized authority Association, National League of
on California redevelopment financ- Cities, California Department of
ing and the redevelopment process, Commerce and similar organizations
He has been the KMA principal-in- and is also a contributing author of
charge of providing these services to Redevelopment in California, a
numerous redevelopment agencies definitive reference book on the
including those in Los Angeles, San subject. Mr. Hollis is a graduate of
jose, Oxnard and Fresno, the California State University, Los
Angeles.
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Ms. Head is a principal in Keyser Other areas of specialization are:
Marston Associate's Los Angeles RETAIL Ms, Head has undertaken retail
office, She joined KMA in 1983, She market opportunities evaluations for
has analyzed a broad range of real public agencies and for private sector
estate issues for both public and clients such as Aetna Realty Investors,
private sector clients. Yarmouth and May Department
KEY ROLE Ms. Head manages all Stores,
housing related services for KMA SPORTS/ENTERTAINMENT/RETAIL Ms, Head
clients in Los Angeles and is an has assessed the financial feasibility
Kathleen H. Head authority on affordable housing, Her of sports arenas in Santa Ana and San
experience combined with strong Diego, and assisted in developing
technical skills provide her with a public financial assistance packages
unique ability to work through for these and other projects,
conceptual policy issues, as well as to PROFESSIONAL CREDENTIALS
structure complex public/private Ms, Head is a member of the Califor-
transactions, nia Redevelopment Association
AFFORDABLE HOUSING SPECIAliST Ms, Housing Task Force and is an instruc-
Head has been instrumental in tor at the biannual Redevelopment
creating strategic plans to fulfill Institute, She has been a featured
clients' affordable housing production speaker at the National Association of
objectives, and assisting in imple- Redevelopment and Housing Officials
menting these plans by structuring Annual Conference, the CRA Afford-
transactions that are both marketable able Housing Workshops and the
and financially feasible utilizing tax Southern Section of the California Bar
exempt financing and low income Association. Ms, Head holds masters'
housing tax credits, as well as local, degrees in business administration
state and federal assistance packages, and urban planning, as well as a
bachelor's degree from the University
of California, Los Angeles,
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Me. Rabe is a principal in Keyser Qualifications, and developer
Marston's Los Angeles office, For selection, He has also served as
more than 20 years he has provided financial advisor. special tax consult-
public and private clients with real ant or developer's advisor for bond
estate and financial expertise. issues in California.
KEY ROLE Me. Rabe assists clients in PROFESSIONAL CREDENTIALS
public/private real estate and eco- Me. Rabe is a board member of the
nomic development activities from California Association for Local
KMA's Los Angeles office, He Economic Development, and a
James A. Rabe provides public and private sector member of the California Redevelop-
clients with services in the following ment Association and the Interna-
areas: public finance, fiscal impact, tional Council of Shopping Centers,
financial modeling, developer He serves as District Chairman of the
selection, deal structuring and Verdugo Hills Boy Scout Council and
transaction negotiation. as an Urban Land Institute Resource
PUBLIC/PRIVATE DEVELOPMENT SPECIALIST Professional. Me. Rabe has also
Recognized as an expert in real served as a guest lecturer at the
estate advisory services, Me. Rabe University of Southern California
specializes in public/private transac- School of Urban and Regional
tions, Examples include the Playa Planning; and the University of
Vista Dream Works project and the California, Los Angeles School of
repositioning of the Glendale Fashion Architecture and Urban Planning,
Plaza. He has consulted in the Mr, Rabe earned his master of arts
analysis and implementation of from the University of Southern
residential, commercial, office and California, and his bachelor of arts
mixed-use projects in California, from the University of California, San
Arizona and Nevada. Diego,
OTHER AREAS OF SPECIALIZATION Mr.
Rabe has consulted in all areas of the
disposition process for redevelop-
ment projects and surplus properties
for public agencies, including project
planning, Requests for Proposals and
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Other areas of specialization are:
MIlITARY BASE ANO DEFENSE CONVERStON
AND REPOSITIONING Mr. Keyser has
worked on Fort Ord in Monterey
County. Hamilton Air Force Base in
Marin County and the Presidio of San
Mr. Keyser, President of Keyser Francisco on leasing, finance and
Marston, has spent his entire profes- related strategies to ease the transition
sionallife in evaluating the feasibility from military to civilian use, and on
of real estate projects and consulting repositioning of Lockheed Martin
on development He is a founding properties in Burbank,
principal of Keyser Marston and is a INFRASTRUCTURE FINANCE For clients
recognized authority in the real estate such as Catellus and Homart, Mr.
and redevelopment community, Keyser has formulated business plans
KEY ROLE In the past twenty years, for land developments that establish
Mr, Keyser has been at the center of program, infrastructure and financing
many of the West's distinguished and strategies,
high impact developments including PROFESSIONAL CREDENTIALS
Horton Plaza in San Diego, California Me. Keyser is a member of the Urban
Plaza in Los Angeles and Verba Buena Land Institute, has chaired a ULI
A. Jerry Keyser Gardens in San Francisco, His Mixed Use Council and is currently
experience, knowledge and work assistant chair of the Metropolitan
with industry and professional groups Economic Development Council. He
combine to give Me. Keyser unique is a board member of the Bay Area
insight into real estate trends, what Economic Forum, an organization
works in real estate development, and composed of leaders in business,
contacts with the development and education and government to assist in
financial community throughout the the region's growth, Me. Keyser is a
United States, past board member of SPUR, a San
REAL ESTATE FEASIBILITY ANALYSIS SPECIALIST Francisco leadership organization
Throughout his career, Me. Keyser has formed to promote planning and
been extensively involved in analysis government initiatives. He is also
of and consultation on multi-use past president of Lamdba Alpha, an
projects, His most recent focus is on international land economics society.
the emerging trend toward integrating Me. Keyser holds a master's degree in
entertainment and retail in new real estate and finance from Colum-
developments and on the reposition- bia University. and a bachelor's
ing of existing developments, He is degree in economics and political
currently consulting with the San science from Cornell University,
Francisco Giants and other sponsors
on the creation of a sports/entertain-
ment complex in San Francisco,
.,¡-~ 2..
-. I
Other areas of specialization are:
DISPOSITION STRATEGtES Mr. Trimble is
currently assisting universities, similar
institutions, and public agencies in
implementing expansion and real
estate driven projects,
Mr. Trimble is a senior principal and MILITARY BASE AND DEFENSE CONVERSION
manager of Keyser Marston AND REPoSmONING Mr. Trimble
Associate's San Diego Office, He consults with the City of San Diego
came to KMA after serving for 10 and the U.$, Navy on the reuse of the
years as the Chief Executive Officer of Naval Training Center in San Diego,
San Diego's Centre City Development and is consulting on the repositioning
Corporation and for five years as of the General Dynamics property,
President of the USC Real Estate also in San Diego,
Development Corporation, a real COMMUNITY REVITALIZATION, ECONOMIC
estate development corporation DEVElOPMENT, ANO BUSINESS IMPROVEMENT
Gerald M. Trimble wholly owned by USe. DISTRICT (BIDs) REVITALIZATION STRATE-
KEY ROLE Few others in this country GtES Mr, Trimble has specialized in
have been as instrumental in the these activities for 25 years, He
process of community revitalization, currently assists clients in diverse
Mr. Trimble, for example, played the communities such as the Southeastern
principal role in the rebirth of San Economic Development Corporation,
Diego's downtown that now features San Diego, BIDs in Mid-City San
the world-famous Horton Plaza Diego and La Jolla, Riverside, Califor-
mixed-use project, 4,000 new nia and Austin, Texas, Me. Trimble is
housing units, both affordable and uniquely positioned to plan and
market rate, and several rehabilitation implement business improvement
projects in the Gaslamp Quarter. strategies.
SPECIALIZATION PROFESSIONAL CREDENTIALS
At Keyser Marston, he specializes in Mr, Trimble is a member of the Small
providing technical and practical Scale Development Council of the
advice on revitalization projects to Urban Land Institute, a charter
redevelopment and institutional member and past president of
clients, Mr, Trimble's past involve- Lambda Alpha, San Diego Chapter,
ment in redevelopment with both the Greater San Diego Chamber of
nonprofit and public agencies gives Commerce, and Governor Wilson's
him an extraordinary grasp of the California Military Base Reuse Task
critical steps in the process of imple- Force, Mr. Trimble earned his bach-
menting complex projects, elor of science degree from the
University of Southern California and
his Real Estate Certificate from the
University of California, Los Angeles,
1-~3
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PAUL C. MARRA
SENIOR ASSOCIATE
As a Senior Associate in the San Diego office of Keyser Marston Associates, Inc.
(KMA), Paul C. Marra consults to public and private clients in the areas of real estate
market and financial evaluation, developer negotiations, redevelopment plan adoption,
and implementation plans. He has specialized experience in affordable housing, retail,
and mixed-use projects throughout California.
Paul joined KMA in 1989. Prior to that time, he worked as a real estate economist with
Bay Area and East Coast consulting firms for six years.
Education
Paul graduated Phi Beta Kappa from the Johns Hopkins University with a BA degree
in Sociology. He also pursued graduate studies in transportation planning at
Northwestern University.
Paul is a former exchange student to Latin America and maintains his fluency in
Spanish,
Professional Affiliations
Paul is an active member of the Urban Land Institute, the American Planning Associa-
tion, the California Association for Local Economic Development, and Citizens Coordi-
nate for Century 3 (C3).
Selected Experience
Austin, Texas - Downtown Planning and Development Study
As part of a team effort, responsible for ongoing market and financial evaluation for
downtown redevelopment proposals, including municipal office complex, retail, and
housing,
Centre City Development Corporation (San Diego)
Provided market and financial evaluation, review of developers' proposals, assistance
in developer negotiations, and re-use analyses for:
. Children's Museum - 40,OOO-SF museum occupying a full block in the Marina
Sub-Area
. Robinsons-May Building Re-Use - Adaptive re-ùse of department store
building for specialty retail, restaurants, and entertainment
4-4.<1
-. "-
. Z Gallerie - Proposed adaptive re-use of McGurck Building for upscale specialty
retailer
CH2M Hill - Rosenberg Department Store, Santa Rosa
Reviewed financial feasibility of alternatives to demolition of potentially historic
department store building, including re-use as office or retail space and partial demoli-
tion with new construction.
CityLink Investment Corp. (San Diego) - City Heights Urban Village
Currently assisting the City of San Diego and CityLink in evaluating market and financial
aspects of a large-scale, inner-city redevelopment project proposed to include retail
uses, a police substation, and public amenities.
EI Cajon Boulevard BIDs (San Diego) - Business Development and Retention
Project
Currently assisting two Business Improvement Districts in devising strategies to develop
and retain business. Responsible for market demand assessment and evaluation of
potential development projects,
La Mesa - Power Center
Currently assisting in financial analysis and negotiations for a 211 ,ODD-SF promotional
retail center. The project will involve use of tax increment and sales tax to repay bond
financing used for drainage channel improvements.
Oceanside - Cornerstone
Evaluated financial aspects of proposed cinema/office complex and deal terms among
developer, cinema operator, North County Transit District, and Agency.
Oceanside - Pier Plaza
In an ongoing role, assisting Agency in review of financial feasibility and deal points for
proposed development of hotel, time-shares, and specialty retail.
Rick Engineering Co. - San Diego NTC Re-Use Plan
Currently working with Rick and Calthorpe Associates on the preparation of are-use
plan for the 500-acre Naval Training Center in San Diego. Responsible for market and
financial evaluation, review of infrastructure financing options, and fiscal impact
analyses.
4- ð $'
- . ..
Riverside. Mission Inn
Reviewed proposed financial transaction and evaluated need for Agency assistance in
order to complete renovation and re-opening of historic hotel.
San Diego - Mercado Shopping Center
Assisted the Agency in evaluating developer proposals and need for financial
assistance for shopping center targeted to the Hispanic community in Barrio Logan.
Scottsdale Waterfront Venture Partners
Assisting developer with ongoing financial evaluation and Agency negotiations for
downtown redevelopment project in downtown Scottsdale, Arizona. Project is planned
to include specialty retail, entertainment, and restaurant uses in a canal waterfront
setting.
Southeastern Economic Development Corporation (San Diego) - Market Street
Development Plan
Evaluated financial feasibility and assistance requirements for commercial and
residential uses proposed for Market Street corridor (Mount Hope).
Southeastern Economic Development Corporation (San Diego) . Southcrest 252
Corridor
Assisted SEDC in deal structuring and financial terms for a proposed community
shopping center anchored by a Lucky supermarket.
Watsonville . Downtown Revitalization Strategy
Assisted the City with its economic revitalization following the 1989 Loma Prieta
earthquake, Included analysis of retailing trends, surveys of shoppers and merchants
(in English and Spanish), and identification of key opportunities for expanding
downtown retail base.
4-~(.,
- -
REFERENCES/CLIENT LIST
KEYSER MARSTON ASSOCIATES, INC.
4-.a7
. . . .
REPRESENTATIVE ClIENTS
CITIES AND REDEVELOPMENT Sacramento Huntington Beach Tustin
AGENCIES Saiinas imperiai Beach Upiand
San Bruno indian Weiis Vernon
Northern California San Carlos India Victorvilie
San Francisco Inglewood Vista
Aiameda San Jose irvine West Covina
Antioch San Leandro La Mesa Westminister
Bakersfieid San Mateo La Mirada Whittier
Belmont San Pablo Laguna Beach Yorba Linda
Benlcla San Rafaei Lawndaie
Brisbane San Ramon Long Beach Other Western Cities
Campbeii Sand City Los Angeles
Capitoia Santa Cruz Lynwood Boise, 10
Ciovis Santa Rosa Mammoth Lakes Phoenix. AZ
Concord South San Francisco Marina Portiand. OR
Cotati South Lake Tahoe Monrovia Provo. Utah
Cupertino Stock1on Montebeiio Reno. NV
DaiyCity Sunnyvaie Monterey Park Springfield, OR
Danviiie Turiock Moreno Vaiiey Tigard. OR
Davis Vaiiejo Nationai City Tuaiatin, OR
East Paio Aito Wainut Creek Newport Beach
EICerrito Watsonviiie Oakdale Of her US, Cities
EI Paso de Rabies West Sacramento Oceanside
Emeryviiie Windsor Ontario Austin, TX
Eureka Yuba City Orange Indianapolis, iN
Fairtieid Oxnard Richmond. VA
Foster City Southern California Paim Springs
Fremont Paimdale
Fresno Aihambra Paramount
Haif Moon Bay Anaheim Pasadena
Hayward Arcadia Pica Rivera
Hercuies Azusa Pomona
HoWster Banning Rancho Mirage
Lincoin Beii Gardens Rediands
Livermore Beverly Hiiis Redondo Beach
Marin City Brea Riaito
Menio Park Bueiiton Riverside
Merced Burbank San Bernardino
MiliVaiiey Caiabasas San Ciemente
Miiibrae Carisbad San Diego
Milpitas Carpenteria San Femando
Modesto Cathedrai City San Gabriei
Monterey Cerritos San Juan Capistrano
Morgan Hiii Chula Vista San Marcos
Mountain View Claremont Santa Ana
Napa Commerce Santa Ciarita
Novato Costa Mesa Santa Fe Springs
Oakiand Covina Santa Monica
Orinda CuiverCity Santee
Pacifica Cypress Seal Beach
Paio Alto Escondida Signai Hiii
Pinole Fontana SimiVaiiey
Piacervilie Fuiierton South Gate
Pieasant Hiii Garden Grove Temecula
Redwood City Glendale Temple City
Richmond Glendora Thousand Oaks
Roseviiie Hawthome Torrance
4-~t¡
. - ",.
OTHER GOVERNMENTAL AGENCIES Long Beach Harbor Commission The Prudential Property Company
Pasadena Chamber of Commerce Rauscher. Pierce. Refsnes
County of Alameda Sacramento Office of Parks & Recreation Santa Fe lntemational
County of Contra Costa Sacramento Visitors and Convention Center Southern Pacific Transportation Company
County of Los Angeles San Diego State University Foundation Spreckels Sugar Company
County of Marin San Jose International Airport Standard Realty (Union Pacific)
County of Napa San Mateo County Harbor District Texaco.lnc,
County of Orange Santa Monica Pier Corporation United Airlines
County of Placer South Coast Air Ouality Management District United Savings
County of Riverside State of California Department of Wells Fargo Bank
County of San Bernardino Transportation Western Federal Savings & Loan Association
County of San Diego State of California Office of Real Estate
County of Santa Cruz & Design DEVElOPERS AND INVESTORS
County of Santa Clara U,S, Army Corps of Engineers
U,S, National Park Service AKT Development Corporation
Port of Los Angeles Western Division Naval Facilities Engineering Amador Land & Cattle
Port of Oakland Command American International Racing, Inc,
Port of Portland, OR American Interstate Financial Corporation
Port of Redwood City CORPORATIONS AND FINANCIAL INSTITUTIONS American Pacific Investments
Port of San Diego Angeles Real Estate Corporation
Port of San Francisco Aetna Investment Group Baker Hamilton Building
Port of Seattle. WA Aetna Property Services Berg-Revoir
Arcadia Unified School District ARCO BCTC Development Corporation
Glendale Unified School District AT&T Resource Management BJW Associates/Gerson Bakar
Los Angeles Community College District Bank of America Birtcher Property Service
Oakland Unified School District Bank of California Bohannon Development Company
Pasadena Unified School District Bechtel Investments Bombay Company
Richmond Unified School District Borland International Brown & Root Building Co,
San Marcos Unitied School District Busch Properties, Inc, C&L Financial Corporation
Scottsdale Unified School District, Arizona Chase Manhattan Bank California Pacific Homes
Crocker National Bank Campeau California Corporation
Bay Area Rapid Transit District (BART) Del Monte Corporation Carson Mall Partners
California Transportation Commission Dreyer's Grand Ice Cream Catellus Development Corporation
(Caltrans) Federal Asset Disposition Association Century Partners
Los Angeles County Metropolitan Federal Research Bank Challenge Homes
Transportation Authority Federated Stores Realty. Inc, CityLink Investment Corp,
Metropolitan Transportation Commission Fireman's Fund Insurance Continental Development Corporation
North County Transit District (San Diego) First Interstate Bank Crocker Land Company
Sacramento Regional Transit First Union Real Estate Investments DBO Development Co,
San Diego Metropolitan Transit Development Ford Motor Land Development Corporation Durant Square
Board General Dynamics Elverta Village Property Owners Group
Goldman, Sachs & Company Embarcadero Center. Inc,
San Diego Housing Commission Granite Rock Company Forest City Development
San Jose Housing Department The Griffith Trust Gatlin Development
Santa Clara County Housing Authority Hibemia Bank Goldsmith & Lathrop
Santa Rosa Housing Authority Home Savings & Loan Association Grupe Development Company
IMO Industries H.L. Summers Corporation
Centre City Development Corporation, Industrial Indemnity Financial Corporation H-Y-H Corporation
San Diego IntraCal Properties Handsome Properties
Long Beach Housing Jack-In-The-Box Homart Development Company
Los Angeles County Community JMB Urban Realty JAE Properties
Development Commission Kmart Corporation Jay-Phares Corp,
Portland Development Commission Lockheed Corporation JMA Properties
Southeast Economic Development Lone Star Industries The Koll Company
Corporation of San Diego Merrill Lynch (MLH Group, lnc,) Lance-Kashian & Co,
Capital Area Development Authority Nabisco Brands, Inc, Landgrant Development
Natomas Corporation Latigo/West
California Coastal Conservancy Pacific States Steel Corporation Lincoln Properties
Cow Palace PacTel Properties The Linpro Company
Golden Gate National Park Association PG&E Properties. Inc, Los Angeles Bonaventure Company
4 - ,3.~
- -
McCuen Properties Promote La Jolla Inc, Rutan & Tucker
May Centers RetiremenlTrust Fund of the Plumbers, Shute, Mihaly & Weinberger
Metro 2000 Heating & Piping Industry of Southern Thelen, Marrin, Johnson & Bridges
Mission West Properties California Tompkins & Parrington
Nikko Capital Corporation San Diego/North Park Business
Overton. Moore & Associates. Inc, Improvement District OTHER PROFESSIONALS
Pacific Rim Development San Francisco Giants
Pan Magna Group San Francisco Planning and Urban Research Albert C, Martin
Parkland Properties Association (SPUR) The Arroyo Group
Peregrine Real Estate Group Screen Actors Guild Barton-Aschman Associates, Inc,
Perini Land and Development Company S,H, Cowell Foundation Cannon Design Group
Portman Properties Stanford University Investment Management CH2M HILL
REA Companies Organization CHCG Architects
Realty Holdings Group Trinity College CIC Research
Reininga Corporation University of Alaska David Paul Rosen & Associates
Richland Interests University of California, Berkeley DKS Associates
River Edge DevelopmentCo,lnc, University of California. Davis EDAW
Scandinavia Center, Inc, University of Southern California ELS/Elbasani & Logan Architects
Scottsdale WafertrontVenture Parfners USC Real Estate Development Corp, Environrnentallmpact Planning Corporation
Shea Homes West Hollywood Community Housing Corp, Gruen Associates
Stoneson Development Corporation YMCA Berkeley-Albany HGHB
Talmadge Burke Heller & Leake
T&S Developmenf ArrORNEYS-AT-lAW Investment Solutions
Teichert Properties John Dykstra & Associates
Vintage Properties Augustini & Wheeler Kaplan/McLaughlin/Diaz
Wrather Port Properties Baker, McKenzie & Tosta Karsten Realty Advisors
The Yarmouth Group. Inc, Brenton A. Bleier Katz Hollis, Inc,
TheYellin Company Brobeck, Phleger & Harrison KDG Development
Yerby Corporation Cooley Godward Castro Huddieson & Tatum The Legaspi Co,
Cooper, Epstein & Hurewitz Lionakis-Beaumont
INSTITUTIONS, ESTATES & NON-PROFIT Crosby. Heafy. Roach & May Mancini-Mills
ORGANIZATIONS Demetriou. Del Guercio, Springer & Moyer The Matrix Group
Doug Ring Melendrez Associates
Adams Avenue Business Association Dummit. Faber & Brown Miller & Schroeder
All Saints Church. Pasadena Epstein, Becker. Strornberg Moore lacafono Goltsman
Berkeley Repertory Theater Fitzgerald. Abbott & Beardsley Nadel Partnership
Blue Shield of California Freilich. Kaufman, Stone & Sohagi Nihonmachi Corp,
BRIDGE Housing Corporation Furth. Fahrner & Mason Parson Brinckerhoff Quade & Douglas, lnc,
California Roundtable Gibson Dunn & Crutcher The Planning Center
California State University at Fresno Giles & Burkhalte, The Planning Collaborative
City Building Goldfarb & Lipman PMW Associates
Central California Regional Medical Center Goldstein & Goldstein Polshek& Partners
Community Housing Development Gordon & Rees ProSite Inc,
Corporation of North Richmond Hahn & Hahn The Mancini Co,
Congregation Beth Israei Holliman. Hackard & Taylor Richard Morehouse Associates
Delta Dental Plan of California Jackl, Katzen, Hulchiy & Murray Rick Engineering
EI Cajon Boulevard Central Business Kane. Ballmer & Berkman Robert Bein. William Frost & Associates
Improvement Association Kennedy & Wasserman ROMA Design Group
Estate of Edward J, Daly King. Shapiro. Mittlernan & Buchman RTKL
Estate of James Campbell Knox, Lernrnon. Brady. Anapolsky & Sheridan Sedway Cooke Associates
Financial Intermediary Credit Corp, Landels Ripley & Diamond Skidmore, Owings and Merrill
Fresno Metropolitan Museum Lillick & Charles Stoorza Ziegaus & Metzger
Glendale Community Coilege Matteoni. Saxe & Nanda The SWA Group
Hollywood Entertainment Museurn Mitchell. Silberberg and Knupp Tudor Engineering
League to Save Lake Tahoe McDonough, Holland & Allen Wilbur Smith & Associates
Lundeberg Maryland Seamanship School. Mcinerney & Dillion Zimmer Gunsul Frasca
Inc, Morrison & Foerster
Lutheran Church Missouri Synod O'Brien & Harrington
Mission West Valley Foundation Pachter. Gold & Schaffer
Music Center of Los Angeles County Pettit & Martin
4-40
ATTACHMENT 2
Agreement between
City of Chula Vista, Redevelopment Agency
of the City of Chula Vista
and
Keyser Marston and Associates, Inc,
for Market Analysis and Financial Feasibility Services
This agreement ("Agreement"), dated October 7 for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit
A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, significant development proposals are anticipated for various properties within
the City; and,
Whereas, the City requires expert advice with regards to market analysis and financial
feasibility of real-estate development proposals; and,
Whereas, as a result of a competitive bidding process conducted in accordance with
standard City consultant selection processes, the City wishes to contract with Keysr Marston
Associates, Inc. (Consultant), a firm with the required specialized talent and expertise; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to
City within the time frames herein provided all in accordance with the terms and conditions of
this Agreement;
(End of Recitals, Next Page starts Obligatory Provisions.)
4- c..f ( Page 1
- -
Obligatory Provisions Pages
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
1. Consultant's Duties
A General Duties
Consultant shall perform all of the services described on the attached Exhibit A, Paragraph
7, entitled "General Duties"; and,
B, Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement
The General Duties and the work and deliverables required in the Scope of Work and Schedule
shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by
the times indicated does not, except at the option of the City, operate to terminate this Agreement
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"), and
upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant
shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in
Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All
compensation for Additional Services shall be paid monthly as billed,
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services or
Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under similar conditions and in similar
locations.
F, Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
4-4'- Page 2
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9,
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which names City and Applicant as an
Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City and Applicant in the same manner as
members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G, Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured,
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H, Security for Performance,
(1) Performance Bond,
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City
a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City
Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said
Paragraph 19, Exhibit A
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank
a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this
Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Paragraph 19, Exhibit A
4- C¡3 Page 3
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
L Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code,
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of the
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives of this agreement The City shall permit access to its office facilities, files and records
by Consultant throughout the term of the agreement In addition thereto, City agrees to provide the
information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials beyond 30 days after authorization to
proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this
agreement
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City periodically
as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day
of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 1,1,
adjacent to the governing compensation relationship indicated by a "checkmark" next to the
appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12,
All billings submitted by Consultant shall contain sufficient information as to the propriety of
the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and
shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement
4. Term.
The initial term of this Agreement shall extend from the effective date hereof until October
7,1999,
4-cf.¥ Page 4
This agreement may be extended by written authorization from the City
Manager/Executive Director for two additional one year terms (until October 7, 2000,
and October 7, 2001 respectively) Notwithstanding the foregoing, this agreement
shall be extended beyond the above-established termination date necessary to allow
for the timely completion of service requests made by the City prior to such
termination date.
5, Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of the
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions of time, when granted, will be based upon the effect
of delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work,
6, Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
B. Decline to Participate,
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C, Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
4-t./S- Page 5
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by the
Fair Political Practices Act.
E, Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of interest
for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter of
the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph 15,
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement,
or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except
with the written permission of City,
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City,
The City shall be informed immediately of potential conflicts of interest arising out of
requested work assignments, Consultant shall refrain from proceeding with assigned tasks until
approval has been obtained from the City, The City reserves the right to obtain services from an
alternate consultant in the event of an actual or potential conflict of interest. The City further
reserves the right to secure services from an alternate consultant when availability is a determining
factor. The City shall be the sole judge in determining when an alternate consultant will be retained,
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant,
or any agent or employee, subcontractors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the sole negligence or sole
willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
Page 6
4-4'-
- . ' .
employees in defending against such claims, whether the same proceed to judgment or not.
Further, Consultant at its own expense shall, upon written request by the City, defend any such suit
or action brought against the City, its officers, agents, or employees, Consultants' indemnification
of City shall not be limited by any prior or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof
at least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property of the City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach,
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence, errors,
or omissions in the performance of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negligence, errors, omissions, Consultant
shall reimburse City for any additional expenses incurred by the City, Nothing herein is intended
to limit City's rights under other provisions of this agreement.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific written
notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30)
days before the effective date of such termination. In that event, all finished and unfinished
documents and other materials described hereinabove shall, at the option of the City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination,
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, City hereby consents to the assignment of the
portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified
thereat as "Permitted Subconsultants",
12, Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems
and any other materials or properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties produced in whole or in part under this
Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United
States or in any other country without the express written consent of City, City shall have unre-
Page 7
4-C¡-'
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stricted authority to publish, disclose (except as may be limited by the provisions of the Public
Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re-
ports, studies, data, statistics, forms or other materials or properties produced under this Agreement
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's work
products, Consultant and any of the Consultant's agents, employees or representatives are, for all
purposes under this Agreement, an independent contractor and shall not be deemed to be an
employee of City, and none of them shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits, Therefore, City will not withhold state or federal income tax,
social security tax or any other payroll tax, and Consultant shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto,
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City unless
a claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as
same may from time to time be amended, the provisions of which are incorporated by this reference
as if fully set forth herein, and such policies and procedures used by the City in the implementation
of same,
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement
15, Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including
costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of
all contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
4-4' Page 8
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B. (1) Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing, All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of business for each of the designated
parties.
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived
or discharged except by an instrument in writing executed by the party against which enforcement
of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California, Any action arising under or relating to this Agreement shall be brought only in
the federal or state courts located in San Diego County, State of California, and if applicable, the
City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance
hereunder, shall be the City of Chula Vista,
[end of page, next page is signature page.]
4-c/' Page 9
Signature Page
to
Agreement between City of Chula Vista, Redevelopment Agency of the City of Chula Vista and
Keyser Marston Associates, Inc,
for Market Analysis and Financial Feasibility Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete
consent to its terms:
Dated: 19 - City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
John M. Kaheny, City Attorney
Dated: Keyser Marston Associates Inc.
By:
Calvin E. Hollis, II
Senior Principal
Exhibit List to Agreement
(X) Exhibit A.
4 -~-o Page 10
Exhibit A
to
Agreement between
City of Chula Vista, Redevelopment Agency of the
City of Chula Vista
and
Keyser Marton Associates, Inc.
1, Effective Date of Agreement: October 7, 1997
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
(X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
() Industrial Development Authority of the City of Chula Vista, a
() Other: a [insert business
form]
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Keyser Marston Associates, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
500 S. Grand Ave., Ste #1840 1660 Hotel Circle N., Ste #716
Los Angeles, California 90071 San Diego, California 92108
Voice Phone (213) 622-8095 Voice Phone (619) 718-9500
Fax Phone (213) 622-5204 Fax Phone (619) 718-9508
Page 11
4 -s-I
7, General Duties:
Upon written request by the City, Consultant will provide market analysis and financial
feasibility services to the City of Chula Vista and the Redevelopment Agency of the City of Chula
Vista on a project by project basis. Specific scopes of work shall be agreed upon in writing prior
to the commencement of consulting services, Each such agreed upon project specific scope of
work shall become part of this Agreement and is hereby incorporated herein by this reference,
Projects will be assigned on an as-needed basis, and the general duties will be project-specific.
8, Scope of Work and Schedule:
A. Detailed Scope of Work:
The details of the scope of work will be defined on a project-by-project basis
but may include:
(1) Analysis of real estate market activity and demographic and economic trends
(2) Preparation of Requests for Proposals
(3) Review of development proposals and proformas
(4) Determination of market feasibility/economic viability of a proposed project
(5) Examination of impediments to private development/determine if public
assistance is necessary
(6) Evaluation of potential sources of revenue and other financing options available
(7) Cash flow analysis
(8) Assistance with developer negotiations
(9) Presentations before City Council, City Boards and Commissions and the
Community
B. Date for Commencement of Consultant Services:
C. Dates or Time Limits for Delivery of Deliverables:
To be determined on a project by project basis.
D. Date for completion of all Consultant services:
Completion dates for services shall be established on a project by project
basis,
9, Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
() Employer's Liability Insurance coverage: $1,000,000,
(X) Commercial General Liability Insurance: $1,000,000.
Page 12
4-s~
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
(X) Errors and Omissions Insurance: $1,000,000 (not included in Commercial
General Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
City agrees to furnish to KMA, in a timely manner, such maps, records and other
documents and proceedings, or certified copies thereof, as are available from City offices and
may be reasonably required by KMA in the performance of these services. City agrees to
provide KMA a minimum of 72 hours preliminary notice prior to requesting work to proceed,
11, Compensation:
A (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein
required, City shall pay Consultant for the productive hours of time spent by
Consultant in the performance of said Services, at the rates or amounts set forth
in the Rate Schedule hereinbelow according to the following terms and
conditions:
(1) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that
Consultant will perform all of the Defined Services required of Consultant on the
basis of "Not to Exceed" amount, set forth therein in each agreed upon Project
Scope or Work, including all Materials, and other "reimbursables" ("Maximum
Compensation"). This "Not to Exceed" amount shall be based on the rates listed
below and shall be submitted to the City prior to commencement of work,
(2) (X) Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal
to $200,000 ("Authorization Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense,
The rates below shall apply for the entire term of this Agreement,
including the extended term provided in Section 4 hereof.
4-:$3 Page 13
Rate Schedule
Category of Employee Name Hourly Rate
President A. Jerry Keyser $175,00
Senior Principals $160,00
Principals $150,00
Senior Associates $130.00
Associates $115.00
Senior Analysts $100,00
Analysts $90.00
Technical Staff $65.00
Administrative Staff $50,00
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of
services herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
13, Contract Administrators:
City:
Lyle Haynes, Assistant to the Community Development Director
Consultant:
Calvin E, Hollis, Senior Principal
14, Liquidated Damages Rate:
( ) $- per day.
(X) Other: None
15, Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable, Not an FPPC Filer.
( ) FPPC Filer
() Category No.1, Investments and sources of income.
() Category No.2. Interests in real property.
() Category No, 3, Investments, interest in real property and sources of
income subject to the regulatory, permit or licensing authority of the
department
4 -~-Ý Page 14
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() Category No, 4, Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale
of real property,
() Category No, 5. Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
() Category No.6, Investments in business entities and sources of income
of the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies,
materials, machinery or equipment
( ) Category No, 7. Business positions,
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
16, ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None, without prior written approval in the City's sole discretion
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
(X) 15th Day of each Month
( ) End of the Month
( ) Other:
C, City's Account Number: Various Community Development
Department Accounts
19. Security for Performance
Not Applicable
Page 15
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REDEVELOPMENT AGENCY AGENDA STATEMENT
Item ~-
Meeting Date 10107/97
ITEM TITLE: RESOLUTION I ~1.0 EXTENDING THE OWNER PARTICIPATION
AGREEMENT WITH LAWRENCE M, ANO STEPHEN P. CUSHMAN, OATEO
SEPTEMBER 1, 1992, FOR A PERIOO OF TWO YEARS
SUBMITTED BY: Comm""', D.~I"pm.. Di."O~
REVIEWED BY: Executive Oirector -..JG1] /< (4/5ths Vote: Yes- No..xJ
BACKGROUND:
The Agency entered into an Owner Participation Agreement (OPA) (Attachment 1) with Mrs. Helen Cushman
on October 17, 1991 for the development of an approximately 10.acre property located at 517 Shinohara
Lane, This property was later transferred to Lawrence M. and Stephen P. Cushman, and an OPA was re-
approved for the new owners on September 1, 1992. The OPA was extended by the Agency until October
17, 1993. A second extension was granted by the Agency on March 1. 1994 which extended the OPA to
October 17, 1995, and a third extension granted on November 7, 1995 extending the OPA to October 17,
1997. The Cushmans have requested a further extension of the Agreement due to current adverse market
conditions (see letter, Attachment 2).
RECOMMENDATION: That the Agency adopt the resolution approving a two year extension of the OPA.
DISCUSSION:
The Cushman site comprises 9.73 acres at the westerly end of Shinohara Lane (see Project Map,
Attachment 3). This site slopes to the south and is bounded on the south and east by industrial projects;
on the west by single-family residences fronting on Oleander Avenue; and on the north by a multi-family
condominium project. Two industrial warehouse buildings comprising 110,000 square feet are planned for
construction.
This project was originally proposed as a single industrial building with a loading bay facing west. City staff
worked closely with the developer's architect to redesign the project in order to minimize noise and visual
impacts upon neighboring residential properties. In approving the project the Agency required that two noise
studies be undertaken; the first to occur when the building is 80 percent occupied, and the second to occur
six months later, If necessary, the owner will be required to perform reasonable mitigation measures to
protect neighboring residential properties.
5'-1
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Page 2. Item ~
Meeting Date 10/07/97
The grading of the site has been completed. The Cushmans have requested an extension of the OPA for
two additional years in order to apply for building permits. The need for the extension is due primarily to
current economic conditions which have greatly impacted the local industrial construction and rental market.
In consideration of the past market conditions and indications that the market may be improving, staff
recommends that the Agency authorize an additional two year extension to October 17, 1999. At the end
of that time, the project may require review by the Oesign Review Committee if staff determines that
conditions in the area have changed.
FISCAL IMPACT: The estimated value of the proposed project is $2,750,000. The project will provide
$27,500 in tax increment revenue to the Agency following construction.
lFK) H:IHOMEICOMMOEV\STAFF,REP\10,O7,97ICUSHMAN,OPA [S,ptømb" 19. 1997 (11:15pmll
5-~
- -
RESOLUTION NO. ~
RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA
VISTA EXTENDING THE OWNER PARTICIPATION AGREEMENT WITH
LAWRENCE M. AND STEPHEN P. CUSHMAN, DATED SEPTEMBER 1,
1992, FOR A PERIOD OF TWO YEARS
WHEREAS, the Redevelopment Agency ("Agency") entered into an Owner Participation
Agreement with Lawrence M. and Stephen P. Cushman ("Owners") on September 1, 1992 ("Owner
Participation Agreement"); and
WHEREAS, said Owner Participation Agreement required the Owners to obtain building
permits within two years from the date of the Agreement, and to develop the property within one year
thereafter; and
WHEREAS, the Agency approved a two year extension of the Owner Participation
Agreement on March 1, 1994 to October 17, 1995; and
WHEREAS, the Agency approved an additional two year extension of the Owner
Participation Agreement on November 7, 1995; and
WHEREAS, the Owners have graded the site but have not as yet applied for building
permits due to current adverse economic conditions impacting industrial development in the San Diego
region; and
WHEREAS, the Owners have requested an extension until October 17, 1999 in order to
apply for building permits and start construction.
NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista
does hereby find, order, determine and resolve as follows:
1. The Agency hereby approves the following amendment to the second
sentence of Section 3.B of the Owner Participation Agreement:
"In the event the developer fails to obtain such building permits bv October 17.
1999. or fails to obtain an extension to obtain said permits, the approval of the
developer's development proposals shall be void and the Agreement shall have no
further force or effect."
2. All other sections of the Agreement not hereby amended shall remain in full
force and effect.
3. This approval is subject to the Owners executing a formal Amendment
approved as to form by the Agency Attorney,
BE IT FURTHER RESOLVED that the Chairman is hereby authorized to execute said
Amendment on behalf of the Agency.
Presented by Approved as to form by
~ ~ ~
Chris Salomone
Director of Community Development
IIFKI H,\HQMElCQMMDEV\RESOS\CUSHMAN,RES (Soptomb" 30.1997 ",17pm}]
S-.3
- . ' .
¡fA (l(j ,-;<5- 9 :2
ATTACHMENT 1
Recording Requested By
and When Recorded Return to:
The Redevelopment Agency of the
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Attention:
[Space above for Recorder's use only]
OWNER PARTICIPATION AGREEMENT
BETWEEN THE CHULA VISTA REDEVELOPMENT AGENCY
and
STEPHEN P. AND LAWRENCE M. CUSHMAN
THIS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT
AGENCY, a body corporate and politic [hereinafter referred to as "AGENCY"], and HELEN N.
CUSHMAN [hereinafter referred to as "DEVELOPER"].
WHEREAS, the DEVELOPER desires to develop real property within the Otay Valley
Road Redevelopment Project Area which is subject to the jurisdiction and control ofthe AGENCY; and,
WHEREAS, the DEVELOPER has presented plans for development to the Otay Valley
Road Project Area Committee and the Design Review Committee; and,
WHEREAS, said plans for development have been recommended for approval by said
Committees; and,
WHEREAS, the AGENCY hereby approves the development proposals as submitted by
the DEVELOPER; and,
WHEREAS, the AGENCY desires that said development proposal be implemented and
completed as soon as is practicable.
NOW, THEREFORE, the AGENCY and the DEVELOPER agree as follows:
1. The foregoing recitals are incorporated into this Agreement.
2. The property to be developed is described as Assessor's Parcel Number 644-040-01
located at 517 Shinohara Lane, Chula Vista, attached hereto and by this reference
incorporated herein. .5-i
- -
3, The DEVELOPER covenants by and for themselves, their heirs, executors,
administrators and assigns, and all persons claiming under or through them the following;
A. That the property will be developed in accordance with the AGENCY approved
development proposal attached hereto as Exhibit A and on file with the AGENCY
Secretary, as Document No, OV/OP#20,
B. DEVELOPER agrees to obtain building permits within two years from the date
of this Agreement and to actually develop the property within one year from the date
of issuance of the building permits. In the event DEVELOPER fails to obtain such
building permits within two years or fails to obtain an extension to obtain said
permits, the approval of DEVELOPER'S development proposals shall be void and
this Agreement shall have no further force or effect.
C. That in all deeds granting or conveying an interest in the property, the following
language shall appear:
The grantee herein covenants by andfor themselves, their heirs,
executors, administrators and assigns, and all persons claiming
under or through them, that there shall be no discrimination
against or segregation of, any person or group of persons on
account of race, color, creed, national origin or ancestry in the
sale, lease, sublease, tramJer, use, occupancy, tenure, or
enjoyment of the premises herein conveyed, nor shall the grantee
himself or any persons claiming under or through him establish
or permit any such practice of discrimination or segregation with
reference to the selection, location, number use or occupancy of
tenants, lessees, subtenant lessees, or vendees in the premises
herein conveyed. The foregoing covenants shall run with the
land.
D. That in all leases demising an interest in all or any part of the property, the
following language shall appear;
The lessee herein covenants by and for themselves, their heirs, executors,
administrators and assigns, and all persDns claiming under or through him, and
this lease is made and accepted upon and subject to the following conditions:
That there shall be no discrimination against or segregation of, any person or
group of persons, on account of race, color, creed, national origin, or ancestry,
in the leasing, subleasing, transferring use, occupancy, tenure, or enjoyment of
the premises herein leased, nor shall the lessee himself or any persons claiming
under or through him, establish or permit any such practices of discrimination
or segregation with reference to the selection, location, number or use, or
occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises
herein leased.
Page 2 of5 5- S
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4, DEVELOPER agrees that if either the AGENCY or the CITY OF CHULA VISTA
proceeds to form a Special Assessment District for the construction or maintenance of
public roads, common areas, or other public facilities which benefit the real property,
subject to this agreement, the DEVELOPER hereby waives any right she may have to
protest the formation of such Special Assessment District. Said waiver shall not preclude
the DEVELOPER from protesting the amount of any assessment on such property.
5. DEVELOPER agrees to accept the attached conditions imposed by the Design
Review Committee as described in Exhibit ß,
6. DEVELOPER agrees to maintain the premises in FIRST CLASS CONDITION.
"A. DUTY TO MAINTAIN FIRST CLASS CONDITION, Throughout the
term of this Agreement, Developer shall, at Developer's sole cost and expense,
maintain the Premises and all Improvements in first class condition and repair, and
in accordance with all applicable laws, permits, licenses, and other governmental
authorizations, rules, ordinances, orders, decrees, and regulations now or hereafter
enacted, issued or promulgated by federal, state, county, municipal, and other
governmental agencies, bodies, and courts having or claiming jurisdiction and all
their respective departments, bureaus, and officials.
If the owners fail to maintain the property in a "first class condition", the
Redevelopment Agency of the City of Chula Vista or its agents shall have the right
to go on the property and perform the necessary maintenance and the cost of said
maintenance shall become a lien against the property. The Agency shall have the
right to enforce this lien either by foreclosing on the property or by forwarding the
amount to be collected to the Tax Assessor who shall make it part of the tax bill.
B. Developer shall promptly and diligently repair, restore, alter, add to, remove,
and replace, as required, the Premises and all Improvements to maintain or comply
as 'above, or to remedy all damage to or destruction of all or any part of the
Improvements, Any repair, restoration, alteration, addition, removal, maintenance,
replacement and other act of compliance under this Paragraph [hereafter collectively
referred to as "Restoration"] shall be completed by Developer whether or not funds
are available from insurance proceeds or subtenant contributions. The Restoration
shall satisfy the requirements of any sub-sublease then in effect for the Premises or
Improvements with respect thereto or, if no sub-sublease is then in effect, shall be
repaired or restored in the building standard shell condition existing immediately
prior to the date of such damage or destruction.
C. In order to enforce all above maintenance provisions, the parties agree that the
Community Development Director is empowered to make reasonable determinations
as to whether the property is in a first class condition. If he determines they are
not, he (1) will notify the owners in writing and (2) extends a reasonable time to
cure, If a cure or substantial progress to cure has not been made within that time,
the Director is authorized to effectuate the cure by City forces or otherwise, the cost
of which will be promptly reimbursed by the owners.
Page 3 of 5 "
,5'..
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In the event that there is a dispute over whether property is in a first class condition
or over the amount of work and expense authorized by the Director to cure, the
parties agree that the City Manager or his designee shall resolve that dispute and
both parties shall be bound by his decision, In the event that the Director decides
without dispute, or the City Manager decides in dispute, that the City has to cure
and the amount of cure, then owners have to reimburse the City within thirty (30)
days of demand, If not reimbursed, it constitutes a lien and City is authorized to
record said lien with the County Recorder, upon the premises.
D. FIRST CLASS CONDITION DEFINED, 'First class condition and repair,'
means Restoration which is necessary to keep the Premises and Improvements in
efficient and attractive condition, at least substantially equal in quality to the
condition which exists when the condition(s) in attached Exhibit B are completed. "
7, AGENCY and DEVELOPER agree that the covenants of the DEVELOPER
expressed herein shall run with the land for the term of this agreement. DEVELOPER
shall have the right, without prior approval of AGENCY, to assign its rights and delegate
its duties under this Agreement, and shall thereafter have no further liability hereunder.
8, AGENCY and DEVELOPER agree that the covenants of the DEVELOPER
expressed herein are for the express benefit of the AGENCY and for all owners of real
property within the boundaries of the Otay Valley Road Redevelopment Project Area as
the same now exists or may be hereafter amended, AGENCY and DEVELOPER agree
that the provisions of this Agreement may be specifically enforced in any court of
competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of
real property within the boundaries of the Otay Valley Road Redevelopment Project
Area.
9. AGENCY and DEVELOPER agree that the premises shall only be used for light
industrial land uses permitted under the l-L, Limited Industrial zone of the City of Chula
Vista's Zoning Ordinance, or land uses permitted in I-L zones through the conditional
use process.
10. DEVELOPER or subsequent owners shall not allow activities to be conducted that
create noise, light or other nuisances. Upon completion of the project, DEVELOPER
will provide to the owners of residential property directly abutting the DEVELOPER'S
parcel the telephone numbers of property managers and the City's Code Enforcement
Officer to allow for complaints to be lodged and abatement to be initiated if anyon-site
noise generation activities result in a perceived nuisance.
11. The term of this Agreement shall be the same as the term of the Otay Valley Road
Redevelopment Project Area which runs until December 2028, or until major
redevelopment of the building takes place, whichever first occurs. Initiation of the
redevelopment shall mean the preparation and submission of plans to the AGENCY for
the renovation or demolition of structures and redevelopment of the site.
Page 4 of 5 1
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12. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER
expressed herein are for the express benefit of the AGENCY and for all owners of real
property within the boundaries of the Otay Valley Road Redevelopment Project Area as
the same now exists or may be hereafter amended. AGENCY and DEVELOPER agree
that the provisions of this Agreement may be specifically enforced in any court of
competent jurisdiction by the AGENCY on its own behalf or on behalf of any owner of
real property within the boundaries of the Otay Valley Road Redevelopment Project
Area.
13. AGENCY and DEVELOPER agree that this Agreement may be recorded by the
AGENCY in the Office of the County Recorder of San Diego County, California.
REDEVELOPMENT AGENCY OF THE CITY OF
CHULA VISTA
"AGENCY"
Dated; ,.f)IL&m(J-ü/, /Ò, /qq:J. By; ~t#~A-
, Tim Nader, Chairman
STEPHEN P. CUSHMAN
"DEVELOPER"
Dated; November 11, 1992 /J ~.-&
By:" ' p, £--
./ Stephen P. Cushman
LAWRENCE M, CUSHMAN
"DEVELOPER"
Dared: November 12, 1992 B~l1wf~
Lawre ce M. Cushman '"
~ S-f
e era! Counsel [C:\ WP51 IAGENCY\CUSHMAN3 ,oP A]
Page 5 of 5
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~ ~~~T~~IV~:::N~~~ L~D ~:V:~G~I~~~N~N~ ATTACHMENT 2
September 17, 1997
Steve Griffin
Planning Department
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Otay Valley Industrial Park
Negative Declaration 15-90-53,
DRC-9l-82
Dear Steve:
It is our understanding that the extension of time granted for the Owner
Participation Agreement expires on October 19, 1997. There has been no significant
change in the project since the 1995 extension of time was approved.
On behalf of our clients, Lawrence M. Cushman and Stephen P. Cushman, we
hereby request a 2 year extension of time of the Owner Participation Agreement
for the above referenced project, The current economic conditions have resulted
in our clients being unable to develop the referenced property as required by
the Owner Participation Agreement.
Please advise us as soon as possible if there are any problems with this
request or if any new policies have been enacted to affect this request.
Very truly yours,
WILLIAM A. STEEN & ASSOCIATES
-~v~
WAS: sV William A. Steen
cc: Lawrence M. Cushman
Luis Hernandez
Fred Kassman
Doug Reid
1/6219-101
.5", 'J
. 8580 LA MESA BLVD.. SUITE 102. LA MESA. CALIFORNIA 91941 . (619) 460-9000 . FAX (619) 460-9005 .
. . "0
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JOINT REDEVELOPMENT AGENCYICOUNCIL AGENDA STATEMENT
Item "
Meeting Date 10107197
ITEM TITLE: PUBLIC HEARING; CONSIDERATION OF AN AMENDED AND RESTATED OWNER
PARTICIPATION AGREEMENT WITH SCRIPPS HEALTH FOR THE EXPANSION OF
HOSPITAL ANO RELATEO FACILITIES AT THE NORTHEAST CORNER OF "H" STREET
AND FIFTH AVENUE
RESOLUTION AOOPTING AN EIR ADDENDUM 90.07A AND
APPROVING AN AMENDED AND RESTATED OWNER PARTICIPATION AGREEMENT BY
AND BETWEEN THE REDEVELOPMENT AGENCY DF THE CITY OF CHULA VISTA AND
SCRIPPS HEALTH FDR THE EXPANSION OF HOSPITAL AND RELATED FACILITIES AT
THE NORTHEAST CDRNER OF "W STREET AND FIFTH AVENUE
SUBMITTED BY: Commoo;" D~.,o.... DI."",~
REVIEWED BY: Executive Director J~ ~ (415ths Vote: Yes- No..xJ
Scripps has requested that this item be continued to the meeting of Dctober 21. 1997.
IFK! H,IHOMEICOMMOEVISTAFF.REPI10.07,97ISCRIPPS.OPAISe,temb" 26, 1997l2,32,mll
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