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HomeMy WebLinkAboutRDA Packet 1996/04/09 Notice is hereby given that the Chairman of the Redevelopment Agency/Mayor of the City ofChula Vista has called and will convene ajoint special meeting of the Redevelopment Agency/City Council on April 9, 1996 at 6:00 p.m., immediately following the regnlar City Council meeting, in Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California to consider, deliberate and act upon the following: .. ~ nYð,l I' J:;HJÐIItrJ) h. b c:;uw.(] ~man u H ^¡!:) 1~ ~w'~ü~:'n~ SB3!AJOS 3!lqnd Otn ¡e pJllOg ü'>:~/ ". ':;.:/cpua3\1 S14¡ po¡sod I ¡e4¡ pue ¡ueW',Je. .-: '....c.-.ea J(~!unwwo::> °4¡ U! e¡SI^ ß;r.~.) ;0 ¡.:¡!::> Gq¡ f.q pa^o dwa we I ¡e4¡ Æm!Jad ~o ^¡¡èuad Japun OJe 3ap J. April 9, 1996 Council Chambers 6:00 p.m. Public Services Building (immediately following the City Conneil meeting) Joint Special Meetin. of the RedeveloDment A.encv/Citv Council of the Citv of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Alevy -, Moot -' Padilla_, Rindone -' and Chair/Mayor Horton - 2. APPROVAL OF MINUTES: March 26, 1996 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 Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the green form to speak infavorofthe staff recommendation; complete the pink form to speak in opposition to the staffrecommendation.) Comments are limited to five minutes per individual. 3. PUBLIC HEARING: REGARDING THE SALE OF SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK--This is a request to authorize the sale of Space 152 at Orange Tree Mobilehome Park. The Community Development Director will be authorized to execute the purchase contract and escrow instructions and take such other action as deemed necessary to consummate the sale. Staff recommends approval of the resolution. (Community Development Director) AGENCY RESOLUTION 1492 APPROVING THE SALE OF SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE AGREEMENT AND ESCROW INSTRUCTIONS Agenda -2- April 9, 1996 4. JOINT AGENCY/COUNCIL PUBLIC HEARING: TO CONSIDER CONDEMNATION OF INTEREST IN CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9977.88 SQUARE FEET, LOCATED AT 40 NORTH FOURTH AVENUE (TARGET SHOPPING CENTER), CHULA VISTA, CALIFORNIA--On 11/15/94 the Council and Agency held a joint public hearing and approved the Final Enviromnental Impact Report and Precise Plan, along with other discretionary land-use approvals for the Channelside Shopping Center project. The FEIR and Precise Plan require a fully signalized concentric intersection in order to mitigate traffic impacts. The purpose of this public hearing is to determine the public necessity to acquire the property by means of eminent domain. Staff recommends approval of the joint resolution. (Community Development Director) AGENCY RESOLUTION 1493 and COUNCIL RESOLUTION 18253 FINDING AND DETERMlNlNG PUBLIC INTEREST AND NECESSITY FOR ACQUIRING AND AUTHORIZING THE CONDEMNATION OF CERTAIN REAL PROPERTY COMPRISED OF APPROXIMATELY 9,978 SQUARE FEET LOCATED AT 40 NORTH FOURTH AVENUE, CHULA VISTA, CALIFORNIA AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE RIGHT-OF-WAY 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 Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment Agency or the City Clerk prior to the meeting. Public comments are limited to five minutes. 5. AGENCY RESOLUTION 149"/ APPROVING A CONSULTING CONTRACT WITH KEYSER I MARSTON ASSOCIATES, INC. FOR THE PROVISION OF REDEVELOPMENT CONSULTING SERVICES TO DETERMINE WHETHER THE BA YFRONT REDEVELOPMENT PROJECT CAN BE AMENDED TO INCLUDE THE CHULA VISTA TIDELANDS--Recent changes in Community Redevelopment Law require new redevelopment areas to meet stringent urbanization and blight criteria. It is requested the consulting - Agenda -3- April 9, 1996 firm of Keyser Marston, in collaboration with the law firm of Kane, Ballmer and Berkman be retained to provide expert opinion as to whether this area qualifies for redevelopment assistance. Staff recommends approval of the resolution. (Community Development Director) OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORT(S) 7. CHAIR'S/MAYOR'S REPORT(S) 8. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on April 16, 1996 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. ...... COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at 619.691.5047 or Telecommunications Devices for the Deaf (TDD) at 619.585.5647. California Relay Service is also available for the hearing impaired. [c: \ WP51 \AGENCY\AGENDAS\04.Q9-96.AGD] - This page blank. MINUTES OF A JOINT SPECIAL MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 26, 1996 Council Chambe 6:35 p.m. Public Services Buildin CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Alevy, Moot, Padilla, Rindone, and ChairlMayo Horton ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/Cit Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: March 19, 1996 MSUC (AlevylRindone) to approve the minutes of March 19, 1996 as presented. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES 3. RESOLUTION 1491 and RESOLUTION 18245 APPROVING THE EXEMPTIONIWAIVER OF T SEWER CAPACITY CHARGE RELATED TO THE VETERANS HOME PROJECT AT THE HOSPIT SCHOOL SITE LOCATION--The Governor's Commission on a Southern California Veterans Home ha recommended Chula Vista as the priority site for the development of the next Veterans Home. Staff has bee negotiating with the State to consider a deferral of the sewer capacity fee, but the State has rejected the proposa and is requesting the fee be waived in order for the City to maintain its priority status. Staff recommends approva of the resolution. (Community Development Director) Mr. Goss stated he had been contacted by the City's consultant in Sacramento expressing a great deal of conce over the fact that the City had not arrived at any resolution with the State regarding the proposed Veteran's Horn over the sewer and water fees. In addition to that call, the City had received letters from Assemblyman Stev Baldwin; Dan Kreyling, Chair, United Veterans Council; and, Stan Standard, Chair, Governor's Commission 0 a Southern California Veteran's Home expressing their concern that the project, which was number one statewide would fall by the wayside in light of some of the other competition. They made it clear that when an offer wa made of "free" land to entice the Veteran's Home to be built in Chula Vista, that it did not include water or sewe fees. Therefore, he had instructed staff to put an item on the agenda which addressed a waiver of the fees as i appeared that was what was being done in other jurisdictions. He had also instructed staff to confer with othe jurisdictions to see what they had proposed. He felt Chula Vista needed to be in the same competitive position wit the other cities competing for the Veteran's Home. Staff recommended that the City use low/moderate incom housing funds for the sewer fee and water fees. The sewer fee was approximately $56,000 and staff recommend an amount not to exceed $85,000 for the water fee as it would have to be negotiated with the Water District. Staf felt it was an appropriate use of the low/mod housing funds because the Home would be providing low/moderat housing in the City and meeting a need in the City and the region. The low/moderate income housing funds were also being utilized by the competing cities to attract the Home to their cities. The project would bring 200 full tim State salaried positions to the City. A general motion by Council would be sufficient in terms of the City's lobbyin efforts in Sacramento which would be followed up with a specific resolution at a subsequent meeting. Chair/Mayor Horton questioned if the City was negotiating with the County regarding the mitigation land that w needed for the 20 acres of Coastal Sage Scrub. Christopher Salomone, Director of Community Development, responded that Supervisor Cox was very optimisti that he could negotiate that deal. .)-/ Minutes March 26, 1996 Page 2 Member Padilla stated he offer a motion to indicating that the City would be willing to waive the fees in order to get the Veteran's Home in Chula Vista, but he felt there should be direction to staff to look at any and all other potential funding options other than low/moderate income housing funds. ChairlMayor Horton questioned if staff felt it important that a resolution be adopted to send a strong message to Sacramento. Mr. Salomone replied that Mr. Kreyling could update Council as he had just returned from Sacramento. This being the time and place as advertised, the public hearing was declared open. . Dan Kreyling, 9938 Chocolate Summit, EI Cajon, CA, representing United Veterans Council, acknowledged the behind the scenes work that had been done by the City to bring the Veteran's Home to Chula Vista. Washington was looking to fully support funding the matching funds. The emergency clause was kept on the Assembly bill and the Senate bill. Lancaster pulled their opposition to the wording in the Senate bill so it was passed without opposition. He felt it look very positive. . Bill Ayers, 44 East Mankato Street, Chula Vista, CA, representing the County Veterans Advisory Committee, commended staff for their efforts in addressing the issue. He requested that Council commit to the elimination of sewer and water fees for the Veteran's Home. Mr. Goss felt staff should return with a report as the sewer fund, general fund, low/moderate income housing fund, were all alternatives. He had talked to the Chair of the Water District and the Chief Engineer and was informed that they did not have a policy for waivers, they did allow deferrals in certain cases. If Council was comfortable with the alternatives he requested that they authorize staff to indicate that the sewer and water fees would not be charged to the State. Staff would then return at the next meeting with funding alternatives. Member Alevy felt Council wanted to move forward and that Council had the opportunity to put another jewel in their crown. MS (AlevylRindone) 1) authorize payment of sewer capacity char¡¡es and lawfully imposed Otay Water District connection charges (subject to negotiations of a lower fee) from low ¡moderate income bousing funds; 2) appropriate the encwnbrance of the same from the low ¡moderate incmne housing funds; and, 3) direct staff to report back in three week as to alternate funding sources to supplement these appropriations. Member Padilla requested clarification that the Agency/Council was not authorizing total expenditure at the present time. It was his understanding that all that was needed was a signal from the Council that the State would not be charged the sewer and water fees to they could proceed. At the present time the Agency/Council did not need to decide exactly what mechanisms would be used to pay those fees. Mr. Goss stated that was exactly the feeling he had received when talking to the consultant in Sacramento, i.e. they had the verbal authority to present that those fees would not be charged to the State. He had recommended that the Agency/Council indicated that the fees would not be charged to the State and staff would return with the options on how to do it. Chair/Mayor Horton questioned why the Agency/Council could not approve the resolution as presented. Member Moot questioned why the Agency/Council could not approve the waiver and have staff return with a report as to whether it would be appropriate to reimburse the City for the cost of the waiver from the low/moderate income housing fund. Mr. Boogaard stated staff did not recommend the resolution because of the concerns his office had with the legality of a waiver and the precedent such an action could have. The motion on the floor did not waive the fees, but agreed to pay them from another fund. ..z -:2....- - Minute March 26, 199 Page Member Padilla stated he was concerned that the motion identified a funding source. Mt. Boogaatd responded that the motion had a provision for staff to return with a report on supplementing th appropriation. Either way a report would be brought back to the Agency/Council. If the motion was approved an payment was required, the motion would permit the Finance Director to issue a check. Member Padilla stated that was the clarification he was seeking and was satisfied with the motion. VOTE ON MOTION: approved unanimously. ORAL COMMUNICATIONS None OTHER BUSINESS 4. DIRECTOR'S/CITY MANAGER'S REPORT(s) - None 5. CHAIR'S/MA YOR'S REPORT IS) . Otay Valley Road Name Change. Chair Horton stated the Council had previously discussed the item in Clos Session but there was no referral for staff to move forward on the item. MS (HortonlRindone) to direct staff to work on changing the name of Otay Valley Road to Auto Park Driv (or something similar). Member Rindone noted that the name offered was only a suggestion. The name should be representative of th advantage of turning off the freeway. VOTE ON MOTION: approved W18IIÏmously. Chris Salomone, Director of Community Development, stated he would forward an informational memorandum t the Agency regarding work that had been done along with a time line. 6. AGENCY/COUNCIL MEMBER COMMENTS Member Rindone . Member Rindone thanked all those candidates running for the two Council Seats for their personal commitment. AD JOURNMENT ADJOURNMENT AT 8:15 P.M. to the Regular Redevelopment Agency Meeting on April 16, 1996 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. ..z -3 - Minntes March 26, 1996 Page 4 CLOSED SESSION Mr. Boogaard stated the Agency would be discussing Negotiations with Real Property Negotiators in Closed Session. The Agency met in Closed Session at 7: 10 p.m. 7. SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Government Code Section 54956.8 . Property: School District property next to Sharp Chula Vista Medical Center proposed for Veterans Home project. Negotiating Parties: John D. Goss and State Department of Veterans Affairs. Under Negotiations: Price and Terms. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Give Instructions to Nelwtiators nursuant to Government Code Section 54956,8 . Proposed sale of property: 753 Broadway, Chula Vista, CA 91910 Negotiating Party: John D. Goss/Chris Salomone on behalf of the City of Chula Vista Redevelopment Agency and J. P. Gabille, Vice President, Corporate Development, The Loewen Group International, Inc. Under Negotiations: Price and Terms. 9. REPORT OF ACTIONIS) TAKEN IN CLOSED SESSION - No reportable actions were taken in Closed Session. Respectfully submitted, BEVERLY A. AUTHELET, CMC/AAE, City Clerk by: ~ ..2-1 REDEVELOPMENT AGENCY AGENDA STATEMENT Item .3 Meeting Date 04/09/96 ITEM TITLE: PUBLIC HEARING REGARDING THE SALE OF A MOBILEHOME COACH LOCATED ON SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK RESOLUTION ,11 ;:PPROVING THE SALE OF A MOBILEHOME COACH LOCATED ON SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE AGREEMENT TO SELL THE COACH SUBMITTED BY: C,=,"" Owo1",,- ~r c S ' REVIEWED BY: City Manage~ ~ .......-> (4/5tbs Vote: Yes - No..x..J BACKGROUND: In Novernber 1987, Orange Tree Mobilehome Park converted to resident ownership. The Agency assisted the residents in purchasing their park with a $600,000 acquisition loan which was converted to loans for lower income residents to help them purchase their spaces. At that time, 29 residents did not wish to purchase their space, and the Agency agreed to purchase these spaces after the newly-formed horneowner's association was unable to secure financing to purchase these unsold spaces. The residents who did not purchase their space remained as renters. The Agency's desire is to sell these spaces as new horne buyers move into the park. The Agency currently owns 17 spaces, having sold 12 spaces. RECOMMENDATION: That the Agency conduct a public hearing, consider testimony, and adopt the resolution approving the sale of a Mobilehorne Coach located on Space 152 at Orange Tree Mobilehorne Park at 521 Orange Avenue for $3,000. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: This is a request to authorize the sale of a mobilehome coach located on space 152 at Orange Tree Mobilehome Park. In this case, space number 152 was a rental space owned by the City and the tenants have moved to another location. The Community Development Department currently has a buyer interested in purchasing the coach for the appraised value of $3,000 which the Agency holds legal title. Sale of the coach would leave space number 152 vacant until a buyer can be found for the space underneath the coach. The Departrnent will actively pursue selling the vacant space and will return to the Agency for approval when an offer to purchase has been received. The Orange Tree Mobilehome Association encourages selling the coach and leaving the space vacant. Without the coach, which is in need of repair, the space will be more marketable. If approved, the Community Development Director will be authorized to execute the purchase contract for the coach on space number 152. The sales price is based on a recent appraisal of $3,000. A copy of the appraisal is available for review. FISCAL IMPACT: Proceeds of the sale will be deposited into the Agency's Low and Moderate Income Housing Set-Aside Fund. Staff costs are minimal and budgeted in the Low-Mod Housing Fund. 3-1 This page blank. 3 -þ. RESOLUTION 1492 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE SALE OF A MOBILEHOME COACH LOCATED ON SPACE NUMBER 152 AT ORANGE TREE MOBILEHOME PARK AND AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO EXECUTE A PURCHASE AGREEMENT TO SELL THE COACH WHEREAS, the Redevelopment Agency currently owns mobilehome spaces at Orange Tree Mobilehome Park located at 521 Orange Avenue, Chula Vista; and, WHEREAS, these spaces are leased to tenants on a month-to-month basis; and, WHEREAS, the tenant has vacated space number 152 and the City wishes to sell the Agency-owned coach on space number 152 at this park; and, WHEREAS, Article 11, Section 33431 of the California Community Redevelopment Law requires that a Public Hearing be held for any sale or lease of Agency-owned property without public bidding; and, WHEREAS, said Public Hearing has been conducted pursuant to Section 33431 for the sale of Orange Tree coach located on space number 152; and WHEREAS, the coach is being sold for its appraisal value of $3,000. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve to approve the subject sale of a mobilehome coach located on space number 152 at Orange Tree Mobilehome Park and authorizes the Community Development Director to execute a purchase agreement to sell the coach for $3,000 in a form approved by the Agency Attorney. PRESENTED BY: APPROVED AS TO FORM BY: ~~ ~. ~~ Chris Salomone ce M. B aa ~ Community Development Director al sel [BBIC:IWP51 IAGENCYIRESOSIMHP152.RES] 3-3 This page blank. 3-'f REDEVELOPMENT AGENCY AGENDA STATEMENT Item..5 Meeting Date 04/09/94 ITEM TITLE: Resolution ¡If 1~ Approving a Consulting Contract with Keyser Marston Associates, Inc. for the Provision of Redevelopment Consulting Services to Determine Whether the Bayfront Redevelopment Project Can Be Amended to Include the Chula Vista Tidelands SUBMITTED BY: eomm"Hy O,",'o,m,", °;Ü¡' cS ' REVIEWED BY: Executive Director~ ~ ....--? /4/5ths Vote: Yes - No XI Council Referral Number: ~ BACKGROUND: Staff has been working with Port District staff and tenants towards expediting development of the Port District tidelands west of ROHR (see attached map). This area was omitted from the Bayfront Redevelopment Plan since it is under the jurisdiction of the Port District. However, City and Port District staff have been discussing the benefits of adding this territory to the Bayfront Redevelopment Area in order to encourage redevelopment. It is requested that the consulting firm of Keyser Marston Associates, Inc.. in collaboration with the law firm of Kane, Ballmer and Berkman be retained for the purpose of determining whether the Bayfront Redevelopment Plan can be amended to include the Chula Vista Tidelands area which is under the jurisdiction of the San Diego Unified Port District. Recent changes in Community Redevelopment law require new redevelopment areas to meet stringent urbanization and blight criteria. Due to the large amount of vacant land on the tidelands and amenities in the area, there is some question as to whether the new blight criteria can be met. The proposal submitted by Keyser Marston Associates, attached hereto, will provide expert opinion as to whether this area qualifies for redevelopment assistance. RECOMMENDATION: That the Agency adopt the resolution approving a consulting contract with Keyser Marston Associates, Inc. to determine if the Bayfront Redevelopment Project can be amended to include the Chula Vista Tidelands. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: In order to be included in the Bayfront Redevelopment Plan, the tidelands must meet new blight criteria established by recent amendment to the Community Redevelopment Law (AB 1 290) intended to preclude cities from providing redevelop assistance to land areas that are predominantly undeveloped (not urbanized) and not blighted. Staff has determined that, because of the amount of vacant land in the tidelands and the amenities in the area including a marina and two public parks, there is some question as to whether inclusion of this area will meet the intent of the law. In order to assist staff in making this determination, Keyser Marston Associates was requested to submit a proposal for consulting services necessary to render an opinion. Keyser 5-1 Page 2, Item 5 Meeting Date 04/09/94 Marston has submitted the attached scope of services in affiliation with the law firm of Kane Ballmer and Berkman. The City Attorney's office has been involved in the preliminary analysis of legal issues and will continue to be involved in the analysis to determine compliance with State law. The scope of services is summarized below: 1. Conduct field inspection to determine if area meets blight and urbanization criteria. 2. Review Bayfront Redevelopment Plan and other relevant documents. 3. Form opinion as to eligibility. 4. Presentation of findings to City staff. Keyser Marston Associates have expertise in development and redevelopment matters and have a successful track record providing services to the City of Chula Vista including financial analysis of the MCA and Wal-Mart projects. The law firm of Kane Ballmer and Berkman are leading experts on California Community Redevelopment Law. FISCAL IMPACT: Keyser Marston Associates, Inc., in affiliation with Kane Ballmer and Berkman, propose to provide the necessary consulting services in accordance with the Scope of Services attached hereto, for the sum of $7,000. The work will be completed within 30 days of authorization. Adequate funds are available in Bayfront Professional Services account to cover the proposed contract. Keyser Marston Associates has a cumulative amount of $19,921.35 in consulting contracts with the City of Chula Vista for FY 1996. IBB\C:\WP51\AGENCY\RA4S\KMA-BF1.RA41 S-.2, . Z......-.:4S~ j . ~ '" ~ 0 .f-,n ZY' We:( ~~ a.e:( 0 I ..Jf- wO >W W-:» cO W~ ~a. . . f- " ,. ~ ' ~ ""', ~ ~ .: II! iSi ~ -¡~, ô~ i a . -- ~od" 0 V> . -;íj .!: ..;t !2 ...............' 7l L~ ~ U5 s 0 .---~.-..-----------_.._---_._-----.. ---- '-"'-'~--"-------- / U~" - - - This page blank. s~'f KEYSER MARSTON ASSOCIATES I N C. ADVISORS IN' REAC ESTATe REDEVELOPMENT' 500 SOUTH GRAND AVENUE, SUITE 1480 ArFORDABLE H SING Los ANGELES. CALIFORNIA 90071 EcONOMIC DEVE orMENT PHON" 213/622-8095 l ~~_.... FISCAL IMPACT FA" 213/622-5204 INFRASTRUCTURE F INANCE E-MAI" KMACA@KMAINCCOM VALUATION AND LITIGATION Su PORT SAN DIEGO GERALD M. TRI BLE ROBERT J. WETM BE PAUL C. MAR'" SAN FRANCISCO A. JERRY KEYSER March 22, 1996 TIMOTHY c. KEL Y KATe EARLE Fu K DENISE E. CONI Y DEBBIE M. KERN Mr. Fred Kassman Redevelopment Coordinator Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 Dear Mr. Kassman: Keyser Marston Associates, Inc. (KMA) has prepared this fee quote to provide selected redevelopment consulting services for the City of Chula Vista (City). The City is considering amending the existing Bayfront Redevelopment Plan to add adjacent territory referred to as the South Bayfront area and would like an . expert opinion on whether the area would qualify for the use of redevelopment under the Community Redevelopment Law as amended by AB 1290. Of particular concern is whether the area meets the legal test of blight and urbanization, as well as the requirement that redevelopment activities are necessary to address the conditions. KMA proposes to provide the requested services within specific tasks described below: Task 1 - Meet with City staff. KMA will meet with City staff persons to review the requirements of consulting services and to discuss the City's goals, objectives, and needs as they relate to the expanded use of redevelopment. $-5 Mr. Fred Kassman March 22, 1996 Page 2 Task 2 - Conduct field investigations of the South Bayfront and existing Bayfront Redevelopment Project Area. KMA will tour the South Bayfront area looking for certain visible conditions to help in providing an opinion on blight and urbanization. The existing Bayfront Redevelopment Project Area will also be toured to provide a glimpse of past redevelopment efforts and future needs should the City propose to amend certain limits of the existing Redevelopment Plan. The field investigations will not be the sole basis for shaping an opinion of blight, but will help in identifying the problems and needs of the areas. We recommend that KMA be authorized to discuss with the Port of San Diego any development constraints the Port has identified, leading to economic blight considerations. Task 3 - Review Bayfront Redevelopment Plan and other pertinent documents. KMA will review the existing Bayfront Redevelopment Plan focusing on time limits and other relevant provisions that have implications for the continuation and expansion of the City's redevelopment efforts. KMA will also review other documents as necessary. Task 4 . Review with legal Counsel. KMA will review the results of our research with special legal counsel and obtain their input. TaskS. Form opinions. KMA will consider all information obtained under the above Tasks and make assessments whether the area can adequately meet certain legal qualifications for the use of redevelopment. Task 6 . Make an oral presentation before City staff. KMA will make an oral presentation to City staff outlining our opinions regarding the legal qualification of the area for redevelopment. KMA may also present recommendations as appropriate. Tables and maps may be provided to facilitate the presentation. A written summary of our opinion could be provided if desired. KMA proposes to provide these services within a budget of $7,000, inclusive of 2 meetings in Chula Vista and services provided by special legal counsel. We have discussed the project with Bruce Ballmer of Kane, Ballmer and Berkman 5-6 KEYSER MARSTON ASSOCIATES I Nc. - Mr. Fred Kassman March 22, 1996 Page 3 who has agreed to assist us in this effort. The above Tasks would be completed within 30 days of City authorization to proceed and KMA receipt of requested information. Should the City decide to go forward.with an. amendment to the Redevelopment Plan. These services will help in outlining the blight argument and would form the basis for the justification of the use of redevelopment. KMA would be pleased to provide redevelopment consulting services to the City of Chula Vista in this effort. If you have any questions or comments, give us a call. Sincerely, Keyser Marston Associates, Inc. ~4- Calvin E. Hollis CEH:gbd 96196.KMA' 99900.900 5-7 KEYSER MARSTON ASSOCIATES I N C. This page blank. S-? Parties and Recital Pagels) Agreement between Redevelopment Agency of the City of Chula Vista and Keyser Marston Associates Inc. Preparation of Analysis of Eligibility of the South Bayfront (Tidelands) for Redevelopment Assistance This agreement ("Agreement"), dated April 16, 1996 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, the Redevelopment Agency ("Agency") wishes to explore the possibility of adding the Chula Vista Tidelands area, under jurisdiction of the San Diego Unified Port District, to the Bayfront Redevelopment Project Area; and WHEREAS, it is the desire of the Agency to hire a consultant with the expertise to assist staff in analyzing the eligibility of this area for inclusion in the Bayfront Project Area under the Community Redevelopment Law; and, WHEREAS, Keyser Marston Associates has proposed to conduct the said financial analysis in conjunction with the law firm of Kane, Ballmer and Berkman in accordance with an agreement between the Agency and Keyser Marston Associates; and, WHEREAS, the Agency has found that city staff has varied expertise in determining eligibility and interpreting recent changes in Redevelopment Law concerning the determination of blight; and WHEREAS, the Agency has found that Keyser Marston Associates is experienced with the subject and would be the most efficient and effective firm to conduct the analysis; 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 Agency within the time frame(s) herein provided all in accordance with the terms and conditions of this Agreement; WHEREAS, the Agency desires that funds be set aside as a contingency for any additional work that may need to be undertaken to make a finding of blight and to provide the Agency with responsible advise. (End of Recitals. Next Page starts Obligatory Provisions.) S-7 Page 1 Parties and Recital Page{s) Agreement between Redevelopment Agency of the City of Chula Vista and Keyser Marston Associates Inc. Preparation of Analysis of Eligibility of the South Bayfront (Tidelands) for Redevelopment Assistance This agreement ("Agreement"), dated April 16, 1996 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, the Redevelopment Agency ("Agency") wishes to explore the possibility of adding the Chula Vista Tidelands area, under jurisdiction of the San Diego Unified Port District, to the Bayfront Redevelopment Project Area; and WHEREAS, it is the desire of the Agency to hire a consultant with the expertise to assist staff in analyzing the eligibility of this area for inclusion in the Bayfront Project Area under the Community Redevelopment Law; and, WHEREAS, Keyser Marston Associates has proposed to conduct the said financial analysis in conjunction with the law firm of Kane, Ballmer and Berkman in accordance with an agreement between the Agency and Keyser Marston Associates; and, WHEREAS, the Agency has found that city staff has varied expertise in determining eligibility and interpreting recent changes in Redevelopment Law concerning the determination of blight; and WHEREAS, the Agency has found that Keyser Marston Associates is experienced with the subject and would be the most efficient and effective firm to conduct the analysis; 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 Agency within the time frame{s) herein provided all in accordance with the terms and conditions of this Agreement; WHEREAS, the Agency desires that funds be set aside as a contingency for any additional work that may need to be undertaken to make a finding of blight and to provide the Agency with responsible advise. (End of Recitals. Next Page starts Obligatory Provisions.) $-10 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 6-1/ Page 2 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: 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. Securitv 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 5-1,2, Page 3 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. (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. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 1 9 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 1 2. 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. ..5-/3 Page 4 - 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. 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 1 5 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. s-/i 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 eoonomic 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. 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 negligent or willful conduct of the Consultant, or any agent or employee, subcontractors, 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 conduct 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 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 arising from Consultant's negligence or willful conduct. Consultants' 5-/5 Page 6 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 S -Itb Page 7 shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 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. 1 7. 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. 5-/7 Page 8 B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices 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 Law/Venue 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.] s-/.? Page 9 Signature Page to Agreement between the Redevelopment Agency of the City of Chula Vista and Keyser Marston Associates Inc. for Preparation of Analysis of Eligibility of the South Bayfront (Tidelands) for Redevelopment Assistance IN WITNESS WHEREOF, Agency and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19- Redevelopment Agency of the City of Chula Vista by: John D. Goss, Executive Director Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: ,19- Keyser Marston Associates Inc. By: Calvin E. Hollis II Senior Principal Exhibit List to Agreement ( X ) Exhibit A. ( X ) Exhibit B: ISSIC:I WP51 lAG ENCYICONTRACTSIKEYSER-2. PTY] 5-/'1 Page 10 - This page blank. S-;¿tJ Exhibit A to Agreement between City of Chula Vista and Keyser Marston Associates Inc. 1. Effective Date of Agreement: April 16, 1996 2. City-Related Entity: () 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: ("City") 3. Place of Business for City: Redevelopment Agency of the City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 500 South Grand Avenue, Suite 1480 Los Angeles, California 90071 Voice Phone (213) 622-8095 Fax Phone (213)622-5204 7. General Duties: Keyser Marston Associates (KMA) will prepare an analysis of the eligibility of the Chula Vista South Bayfront (Tidelands) for redevelopment assistance under criteria set forth in the Community Redevelopment Law. Exhibit A to Standard Form Agreement Page 1 S- .)../ 8. Scope of Work and Schedule: The City is considering amending the existing Bayfront Redevelopment Plan to add adjacent territory referred to as the South Bayfront area and would like an expert opinion on whether the area would qualify for the use of redevelopment under the Community Redevelopment Law as amended by AB 1290. Of particular concern is whether the area meets the legal test of blight and urbanization, as well as the requirement that redevelopment activities are necessary to address the conditions. SCOPE OF SERVICES Keyser Marston Associates, Inc. proposes to provide the requested services within specific tasks described below: Task 1 - Meet with City staff. KMA will meet with City/Agency staff persons to review the requirements of consulting services and to discuss the City's/Agency's goals, objectives, and needs as they relate to the expanded use of redevelopment. Task 2 - Conduct Field Investigations of the South Bayfront and Existing Bayfront Redevelopment Project Area. KMA will tour the South Bayfront area looking for certain visible conditions to help in providing an opinion on blight and urbanization. The existing Bayfront Redevelopment Project Area will also be toured to provide a glimpse of past redevelopment efforts and future needs should the City proposed to amend certain limits of the existing Redevelopment Plan. The field investigations will not be the sole basis for shaping an opinion of blight, but will help in identifying the problems and needs of the areas. We recommend that KMA be authorized to discuss with the Port of San Diego any development constraints the Port has identified, leading to economic blight considerations. Task 3 - Review Bayfront Redevelopment Plan and Other Pertinent Documents. KMA will review the existing Bayfront Redevelopment Plan focusing on time limits and other relevant provisions that have implications for the continuation and expansion of the City's redevelopment efforts. KMA will also review other documents as necessary. Task 4 - Review with Legal Counsel. KMA will review the results of our research with special legal counsel and obtain their input. Task 5 - Form Opinions. KMA will consider all information obtained under the above Tasks and make assessments whether the area can adequately meet certain legal qualifications for the use of redevelopment. Task 6 - Make an Oral Presentation before City Staff. KMA will make an oral presentation to City staff outlining our opinions regarding the legal qualification of the area for redevelopment. KMA may also present recommendations as appropriate. Tables and maps may be provided to facilitate the presentation. A written summary of our opinion could be provided if desired. Exhibit A to Standard Form Agreement Page 2 5-..2...2..- - FEE AND TIME FRAME The described analysis will be performed on a time and materials basis and not to exoeed the amount of $7,000 inolusive of expenses and two meetinqs in Chula Vista and services provided bv special leaal counsel. Time and materials shall be in accordance with the schedule of rates listed under attached Exhibit B, Hourlv Fee Schedule. The analysis will be complete within 30 days of receipt of requested information. Additional services, if requested, would be performed on a time and expenses basis at KMA's current hourly rates listed under attached Exhibit B, Hourlv Fee Schedule. Such additional services could include but not be limited to the following: 1) Financial analysis of including the South Bayfront in the Bayfront Redevelopment Project Area. 2) Attendance of additional meetings beyond those specified above, including public meetings. A. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: B. Dates or Time Limits for Delivery of Deliverables: Not Applicable Deliverable No.1: Deliverable No.2: Deliverable No.3: C. Date for completion of all Consultant services: Thirty (30) working days following effective date of agreement and receipt of required data from City and developer. 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. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). () Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). Exhibit A to Standard Form Agreement Page 3 .5-..23 10. Materials Required to be Supplied by City to Consultant: Data requested in Paragraph 8.A. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: * Milestone or Event or Deliverable Amount or Percent of Fixed Fee Not applicable B. ( ) Phased Fixed Fee Arrangement. Not applicable For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ C. (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 herein required of Consultant Exhibit A to Standard Form Agreement Page 4 S-.2-If for $7,000 including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $7,000 ("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. Rate Schedule Category of Employee Hourly of Consultant Name Rate See Exhibit B () Hourly rates may increase by 6% for services rendered after [month]. 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $_: - () Copies, not to exceed $_: - () Travel, not to exceed $_: - () Printing, not to exceed $_: - () Postage, not to exceed $_: - () Delivery, not to exceed $_: - () Long Distance Telephone Charges, not to exceed $. - () Other Actual Identifiable Direct Costs: , not to exceed $ _ : - , not to exceed $ - Exhibit A to Standard Form Agreement Page 5 S-~5 13. Contract Administrators: City: Chris Salomone, Community Development Director Community Development Department 276 Fourth Avenue Chula Vista, CA 91910 (619) 691-5047 Consultant: Cal Hollis Keyser Marston Associates Inc. 500 South Grand Avenue, Suite 1480 Los Angeles, CA 90071 (213) 622-8095 14. Liquidated Damages Rate: Not applicable ( ) $ - per day. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X ) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer () Category No.1. Investments and sources of income. () Category No.2. Interests in real property. () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. Exhibit A to Standard Form Agreement Page 6 S-~¡" - ( ) 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 Not applicable 17. Permitted Subconsultants: Not applicable 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ( ) Monthly ( ) Quarterly IX ) Other: 30 days following completion of financial analysis to the satisfaction of the City. B. Day of the Period for submission of Consultant's Billing: Not applicable ( ) First of the Month ( ) 15th Day of each Month I ) End of the Month ( ) Other: C. City's Account Number: 100-0261-5201 19. Security for Performance Not applicable ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ I) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Exhibit A to Standard Form Agreement Page 7 ",-.27 - ( ) Retention Percentage: - % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Exhibit A to Standard Form Agreement Page 8 S-.:t,g' - EXHIBIT B KEYSER MARSTON ASSOCIATES INC. HOURLY FEE SCHEDULE 1995 A. JERRY KEYSER' $155.00 SENIOR PRINCIPALS' $150.00 PRINCIPALS' $145.00 SENIOR ASSOCIATES $125.00 ASSOCIATES $110.00 SENIOR ANALYSTS $95.00 ANALYST $85.00 TECHNICAL STAFF $52.50 ADMINISTRATIVE STAFF $47.50 Directly related job expenses not included in the above rates are: auto mileage, air fares, hotels and motels, meals, car rentals, taxies telephone calls, delivery, electronic data processing, 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. . Rates for individuals in these category will be increased by 50% for time spent in Court testimony. [BBIC,I WP51 IAGENCYICONTRACTSIKEYSER-2.A IT] Exhibit A to Standard Form Agreement Page 9 5-:2; This page blank. S-3D RESOLUTION 1494 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONTRACT WITH KEYSER MARSTON ASSOCIATES INC. FOR THE PROVISION OF REDEVELOPMENT CONSULTING SERVICES TO DETERMINE WHETHER THE BA YFRONT REDEVELOPMENT PROJECT CAN BE AMENDED TO INCLUDE THE CHULA VISTA TIDELANDS Whereas, the Agency wishes to explore the possibility of adding the Chula Vista Tidelands area, under jurisdiction of the San Diego Unified Port District, to the Bayfront Redevelopment Project Area; and Whereas, the Agency has determined that staff has varied expertise in determining eligibility, however recent changes in Community Redevelopment Law concerning eligibility criteria for determining blight and urbanization require specialized expertise; and Whereas; it is the desire of the Agency to hire a consultant with the expertise to assist staff in analyzing the eligibility of this area for inclusion in the Bayfront Project Area; and Whereas, Keyser Marston Associates,lnc. has proposed to undertake the analysis in accordance with an Agreement between Keyser Marston Associates, Inc. and the Agency, attached hereto; and Whereas, Keyser Marston Associates has proposed to use the law firm of Kane, Ballmer and Berkman to assist them in their analyses; and Whereas, Keyser Marston Associates, Inc. and Kane, Ballmer and Berkman have are uniquely qualified and have expertise necessary to provide assistance to staff in determining eligibility of the Tidelands for inclusion in the Bayfront Redevelopment Project Area. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: 1. The competitive bidding process is hereby waived in light of the unique professional qualifications and experience of Keyser Marston and Kane, Ballmer and Berkman. 2. The Redevelopment Agency hereby approves the contract with Keyser Marston Associates, Inc., copy on file in the Office of the Secretary to the Redevelopment Agency as RACO-xx-96, in a form approved by the Agency Attorney, for the provision of redevelopment consulting services concerning amendment of the Bayfront Redevelopment Project Area to include the Chula Vista Tidelands and authorizes the Executive Director to execute same. 3. Adequate funds are available in the Bayfront Professional Services Account 990- 9907-5201. Submitted by Approved as to Form ~ ~ Chris Salomone Community Development Director IBBIC:I WP51 IAGENCYIRESOSIKMA-BF1.RES] 5-3/ This page blank. S-3¿ MEMORANDUM MAR 2 9 Igq() i L~.- I J -----' : s nMMdh-2a-:~9~ TO: Mayor Shirley Horton 0 VIA: John D. Goss, City Manager/Executive Director '(J FROM: Chris Salomone, Community Development Director { S. SUBJECT: Joint Special Meeting of the Agency/Council - April 9, 1996 Staff has need for the Agency to meet in special session on April 9, 1996 to discuss, deliberate, and act on the following time sensitive items: . Public Hearing: Regarding the sale of Space Number 152 at Orange Tree Mobilehome Park; and . Joint Agency/Council Public Hearing: To consider condemnation of interest in certain real property comprised of approximately 9977.88 Square feet, located at 40 North Fourth Avenue (Target Shopping Center), Chula Vista, California . Action Item: Approving a consultant contract with Keyser Marston Associates, Inc. for the provision of redevelopment consulting services to determine whether the Bayfront Redevelopment Project can be amended to include the Chula Vista Tidelands I hereby call and will convene a Joint Special Meeting of the Redevelopment Agency/City Council on April 9, 1996 [88: C:I WP51 lAG ENCYIM EMOSII NF09606. M EM] -