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HomeMy WebLinkAboutRDA Packet 1994/04/05 Tuesday, April 5, 1994 Council Chambers 4:00 p.m. Public Services Building (immediately following the City Council meeting) Au Adiourned Joint Rerular Meeting of the RedeveloDmem Agencv/ Citv Council of the Citv of Chula Vista AND A Joint Rel!Ular Meeting of the RedeveloDment Agencv/Citv Council of the City of Chula Vista CALL TO ORDER 1. ROLL CALL: Agency/Council Members Fox -, Horton -, Moore -, Rindone -' and Chairman/Mayor Nader -' 2. APPROVAL OF MINUTES: November 9, 1993, March I, 1994, March 15, 1994, and March 22, 1994 CONSENT CALENDAR (Items 3 through 8) ITEMS UNDER THE CONSENT CALENDAR ARE AGENDIZED FOR THE JOINT REGULAR MEETING OF APRIL 5. 1994 The staff recommendations regarding the following iJems listed under the Consent Calendar will be enacted by the Agency by one motion wiJhout discussion unless an Agency, 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 iJems, please fill out a "Request to Speak Fonn" available in the lobby and submiJ iJ to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. (Complete the greenfonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Action Items. Items pulled by the public will be the first iJems of business. 3. WRITTEN COMMUNICATIONS: None. 4.A. AGENCY RESOLUTION 1395 APPROVING ADVANCE ASSISTANCE AND MOVING EXPENSE RELOCATION CLAIMS IN THE AMOUNT OF $9,850 PURSUANT TO THE ADOPTED RELOCATION PLAN FOR THE RENTAL UNIT HOUSEHOLDS LOCATED AT 459 F STREET WITHIN THE TOWN CENTRE II REDEVELOPMENT PROJECT AREA--The City and Redevelopment Agency recently purchased the property at 459 F Street as part of the adopted Chula Vista Master Plan Expansion Project. The property contains one single-family residence and five rental uuits on the parcel. In order to utilize the property. the five rental households need to be relocated pursuant to the previously adopted Relocation Plan. Staff recommends approval of the resolutions. (Community Development Director) AGENDA Page 2 April 5, 1994 B. COUNCIL RESOLUTION 17436 AUTHORIZING THE EXPENDITURE OF $9,850 FROM THE CIVIC CENTER EXPANSION PROJECT (#GG-130) CIP FOR THE PAYMENT OF ADVANCE ASSISTANCE AND MOVING EXPENSE RELOCATION PAYMENTS TO THE RENTAL UNIT HOUSEHOLDS LOCATED AT 459 F STREET 5.A. AGENCY RESOLUTION 1396 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY, AND THE COUNTY OF SAN DIEGO TO SHARE TAX INCREMENT REVENUES GENERA TED TO THE AGENCY FROM THE SOUTHWEST REDEVELOPMENT PROJECT AREA--Califoruia Redevelopment Law Health and Safety Code Section 33401 authorized Community Redevelopment Agencies to enter into agreements to pay any taxing agencies with territory within a redevelopment project area the appropriate amount of money necessary to alleviate any financial burden or detriment caused to the taxing agency by the adoption of the redevelopment project. Afinal negotiated Agreement for Cooperation with the County seeks to alleviate the potential negative financial impact by sharing a portion of the tax increment revenue generated in the project area. Staff recommends approval of the resolutions. (Community Development Director) B. COUNCIL RESOLUTION 17437 AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY, AND THE COUNTY OF SAN DIEGO TO SHARE TAX INCREMENT REVENUES GENERA TED TO THE AGENCY FROM THE SOUTHWEST REDEVELOPMENT PROJECT AREA 6. AGENCY RESOLUTION 1397 APPROVING AN OWNER PARTICIPATION AGREEMENT (NUMBER TCI/OPA 94-1) WITH MR. DAN JORDAN FOR THE CONSTRUCTION OF AN OFFICE ADDITION TO THE BUILDING AT 281 G STREET --Mr. Jordan proposes to construct a 657 square foot addition to the existing office building as well as a 400 square foot open deck over the existing garage. The Design Review Committee reviewed the proposal and recommended approval subject to certain conditions. Mr. Jordan's proposal is presented to the Agency for consideration and approval of plans through an Owner Participation Agreement. Staff recommends approval of the resolution. (Community Development Department) 7. AGENCY RESOLUTION 1398 APPROVING AN OWNER PARTICIPATION AGREEMENT (NUMBER TCI/OPA 94-2) WITH IDM SATELLITE DIVISION, INC., FOR THE REMODELLING OF THE COMMERCIAL BUILDING AT 311 F STREET -- The applicant proposes to remodel the existing commercial building by adding 630 square feet of space to the existing 6246 square foot building. The remodelling also includes modification to the facade and exterior landscaping. Staff recommends approval of the resolution. (Community Development Director) 8. REPORT ACCEPTANCE OF CITY OF CHULA VISTA AUDITED FINANCIAL STATEMENTS FOR THE YEAR ENDED JUNE 30, 1993 AND AUDITOR'S OPINION--The City's Audited Financial Statements for the Fiscal Year ended 6/30/93 were prepared by the independent audit firm of Deloitte & AGENDA Page 3 April 5, 1994 Touche. A Redevelopment Agency Statement was also prepared. Staff recommends the Agency accept the reports. (Interim Finance Adnúuistrator) . . END OF CONSENT CALENDAR' . PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following iJems 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 Fonn" 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 fonn to speak in favor of the staff recommendation; complete the pinkfonn to speak in opposition to the staff recommendation.) Comments are limited to five minutes per individual. None submitted. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter wiJhin 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 Fonn" available in the lobby and submiJ 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 ITEMS #9. #10. AND #11 ARE ADJOURNED REGULAR JOINT MEETING ITEMS CONTINUED FROM THE MEETING OF MARCH 22. 1994 The items listed in this section of the agenda are expected to eliciJ 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" fonn available in the lobby and submiJ iJ to the Secretary to the Redevelopmeat Agency or the City Clerk prior to the meeting. Public comments are limiJed to five minutes. 9. AGENCY RESOLUTION 1392 APPROVING FIRST AMENDMENT TO THE AMENDED PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING CHAIRMAN TO EXECUTE SAME-- On 7/23/93 the Agency approved the Amended Palomar Trolley Center Disposition and Development Agreement (DDA) for the development of an approximately 190,000 square foot high-volume retail center in two phases on 18 acres on Palomar Boulevard between Industrial Boulevard and Broadway. This First Amendment to the Amended D D A incorporates specific mutual efforts to provide a day care facility near the Center. The Amendment also clearly restates the understanding of the parties regarding extent of mutual exposure to potential litigation costs associated with condemnation suits and freezes the existing rate of City fees which will be applicable to Phase 2 of the project. Staff recommends the item be continued to a date not certain. (Community Development Director) AGENDA Page 4 April 5, 1994 IO.A COUNCIL RESOLUTION 17412 APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS--Several capital improvement projects are currently budgeted which require additional right-of-way for construction. To expedite the acquisition process, staff must first appraise the value of the property and proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year. Staff has evaluated the proposals for providing professional appraisal services and recommends Anderson & Brabant, Inc. to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) B. AGENCY RESOLUTION 1393 APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS 11.A COUNCIL RESOLUTION 17413 APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT-OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS-- Several capital improvement projects are currently budgeted which will require additional right-of-way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewal clause for an additional year. Staff has evaluated the proposals and recommends Ryals & Associates to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) B. AGENCY RESOLUTION 1394 APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVEWPMENT PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OR IDS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT- OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss iJems which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. Public comments are limiJed to five minutes per individual. --- AGENDA Page 5 April 5, 1994 OTHER BUSINESS 12. DIRECTOR'S/CITY MANAGER'S REPORTlS) 13. CHAIRMAN' SIMA YOR'S REPORTlS) . Suspension of Bayfront Negotiations Pending Satisfaction of City/Agency Conditions 14. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to the Regular Redevelopment Agency Meeting on April 19, 1994 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 individnals who may need special accommodation to access, attend, and/or participate in a City meeting, activity, or service contact the Secretary to the Redevelopment Agency at (619) 691-5047 for specific information on existing resources/or programs that may be available for such accommodation. Please call at least forty-eight hours in advance for meetings and five days in advance for scheduled services and activities. California Relay Service is available for the hearing impaired. (C:\WP51 \AGENCY\AGENDAS\O4-05-94.AGDI Thil yage íntentíonaIIy left blank. MINUTES OF A SPECIAL JOINT MEEnNG OF THE REDEVELOPMENT AGENCY/CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 9, 1993 Council Chambers 10:14 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Members/Council Members Horton, Fox, Moore, Rindone, and Chairman/Mayor Nader ALSO PRESENT: Sid Morris, Assistant City Manager; Bruce M. Boogaard, Agency General Counsel; Chris Salomone, Executive Secretary; and Berlin D. Bosworth, Secretary to the Redevelopment Agency 2. APPROVAL OF MINUTES: October 26, 1993 MSUC [MooreJRindone] to approve the minutes of October 26, 1993 as presented. CONSENT CALENDAR (Item pulled: 4) BALANCE OF THE CONSENT CALENDAR OFFERED BY MEMBER RINDONE, reading of the text was waived, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS: None Submitted. 4. AGENCY RESOLUTION 1363 AUTHORIZING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT WITH IGNAZIO AND JEAN ADAMO FOR THE PURCHASE OF 459 F STREET AS PART OF THE CIVIC CENTER MASTER PLAN EXPANSION PROJECT--On 4/17/90, Council approved final recommendation for the Civic Center Master Plan. Phase 1 of the Plan required the acquisition of residential property at 459 F Street, located immediately west of the parking lot next to Fire Station I. The site is located in the Town Centre II Redevelopment Project Area and is plarmed to ultimately be used for the construction of a three- level parking structure for visitors and staff. Staff recommends approval of the resolution. (Community Development Director) Pulled from the Consent Calendar 5. AGENCY RESOLUTION 1364 WAIVING THE COMPETITIVE BIDDING PROCESS AND APPROVING CONTRACT WITH GEOCON ENVIRONMENTAL CONSULTANTS INC. FOR ENVIRONMENTAL ENGINEERING SERVICES AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SIGN ON BEHALF OF THE AGENCY--On 4/21/89, the San Diego Regional Water Quality Control Board (RWQCB) issued Cleanup and Abatement Order Number 89-38 to the City. This order and its amendments require the City to remove two paint pits from the Chula Vista Public Works Yard located at 707 F Street and to remediate the surrounding contaminated soil and groundwater. The two paint pits were removed in November 1990 and the contaminated soil cleaned up. However, the City is still required by the RWQCB Order to remediate the surrounding groundwater. In order to carry out this last action, more information is required on the subsurface conditions. The proposed contract will provide a modeling study of the Public Works Yard which will generate engineering data and an increased understanding of the subsurface physics at the site. The results will serve to assist in evaluating and J -/ Minutes November 9, 1993 Page 2 choosing technology which will be the most effective. in terms of timing and funding, in the completion of the mandated cleanup remediation work. Staff recommends approval of the resolution. (Director of Public Works) * . END OF CONSENT CALENDAR * . PUBLIC HEARINGS 6. AGENCY PUBLIC HEARING TEMPORARY LOCATION OF FUNTASTIC SHOWS CARNIVAL ON THE NORTH SIDE OF THE SEARS BUILDING AT THE CHULA VISTA SHOPPING CENTER, NOVEMBER 11, 1993 THROUGH NOVEMBER 14, 1993--Funtastic Shows proposes to have a carnival at the Chula Vista Shopping Center which requires a Temporary Land Use Permit. Funtastic Shows Carnival is to take place in the northeast comer of the Chula Vista Center (in front of the Sears Store) on Thursday and Friday, November II and 12 from 3:00 p.m. to 10:00 p.m., and on Saturday and Sunday, November 13 and 14 from 12:00 noon to 11:00 p.m. Staff recommends the Agency hold the public heating and approve the resolution. (Community Development Director) AGENCY RESOLUTION 1365 APPROVING A TEMPORARY LAND USE PERMIT FOR FVNT ASTIC SHOWS CARNIVAL AT THE CHULA VISTA SHOPPING CENTER, NOVEMBER 11, 1993 THROUGH NOVEMBER 14, 1993 This being the time and place as advertised the public heating was declared open. There being no public testimony, the public hearing was declared closed. Chairman/Mayor Nader asked if there were any complaints received from the public about last year's carnival. Community Development Director Salomone replied staff had not received any complaints; there had been complaints the previous year but not last year. RESOLUTION 1365 OFFERED BY MEMBER HORTON, reading of the text was waived, passed and approved unanimously. 7. JOINT AGENCY/COUNCIL PUBLIC HEARING CONSIDER THE LEASE OF PROPERTY AT 603 PALOMAR STREET (APN- #622-041-20), CHULA VISTA TO AUGUSTINE REYES-- The Amended Palomar Trolley Center Disposition and Development Agreement calls for the Agency to acquire parcels necessary for the development of the proposed shopping center and to convey those properties to the developer, Cypress Creek Company. The Agency adopted Resolution 1341 on 7/27/93 to condemn subject parcels but required that the existing tenant be allowed to remain on the premises for 12 months. The Agency will take possession in November 1993 and a lease has been prepared with the tenant to govern his tenancy during the remainder of the 12 months. Staff recommends the Council! Agencv oven the Dublic hearing and continue the Dublic heating to November 23 1993. (Community Development Director) AGENCY RESOLUTION 1366 APPROVING THE LEASE OF REDEVELOPMENT AGENCY-OWNED PROPERTY (APN 622-041-20) TO AUGUSTINE REYES, FINDING THAT CONSIDERATION IS NOT LESS THAN FAIR MARKET VALUE, AND AUTHORIZING CHAIRMAN TO SIGN LEASE J-~ Minutes November 9, 1993 Page 3 COUNCIL RESOLUTION 17299 APPROVING THE LEASE OF REDEVELOPMENT AGENCY-OWNED PROPERTY (APN 622-041-20), TO AUGUSTINE REYES AND FINDING THAT CONSIDERA TION IS NOT LESS THAN FAIR MARKET VALUE This being the time and place as advertised the public hearing was declared open. MSUC [Nader/Fox] to continue public hearing to the November 23, 1993 meeting, passed and approved unanimously. ORAL COMMUNICATIONS None. ACTION ITEMS 8, RESOLUTION 1367 DIRECTING STAFF TO FILE CONDEMNATION SUIT ON PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT PARCEL NUMBER 13--0n 7/27/93 the Agency adopted a Resolution of Necessity for condemnation of Parcel 13, owned by the Japanese American Citizens League, at the comer of Broadway and Palomar Street which contains a 7 -II conveuience store and the MLV Coin Laundry. The Agency directed staff and the developer to negotiate with the owner regarding possible lease to the developer rather than fee acquisition prior to filing a condemnation suit. Negotiations have occurred, and staff, the developer, and the Japanese American Citizens League are in concurrence that the Agency should proceed with the condemnation suit. Staff recommends approval of the resolution. (Community Development Director) Member/Council Member Moore asked if property owners agreed with the action being taken. Assistant Director of Community Development David Gustafson responded they did. Chairman/Mayor asked if that would be considered what was called a friendly condemnation. Mr. Gustafson replied there was still a dispute regarding the value, but the parties were not contesting the fact of the condemnation; they were anxious to take the matter to the hearings that would determine the value. RESOLUTION 1365 OFFERED BY MEMBER FOX, reading of the text was waived, passed and approved unanimously. 9.A. AGENCY/COUNCIL REPORT STATUS OF MIDBA YFRONT NEGOTIATIONS--On August 3, 1993 staff presented the status of the Midbayfront negotiations to the Agency and discussed the two major issues for which concurrence with the developer had not been reached. The Agency directed staff to continue negotiations with redefined parameters. Staff continued these negotiations Mr. William Barkett, landowner and developer, and his representatives have reached agreement on the remaiuing issues which are now being presented to the Agency for consideration. Staff recommends the Agency accept the report and approve the terms and conditions of frnancial participation by the City/Agency for inclusion within the Development Agreement. (Commuuity Development Director) B.AGENCY RESOLUTION 1355 AUTHORIZING CONTINUED NEGOTIATIONS WITH THE MIDBA YFRONT DEVELOPER IN ACCORDANCE WITH APPROVED INSTRUCTIONS TO NEGOTIA TORS--At its 917/93 meeting the Agency requested clarifications of certain aspects of the negotiations with the Midbayfront developer. 2-3 Minutes November 9, 1993 Page 4 Staff is requesting the Agency indicate its preference for terms and conditions of the Development Agreement and authorize staff to continue negotiations with the developer in accordance with approved Instructions to Negotiators which incorporate such preferred terms and conditions. Staff recommends approval of the resolution. (Community Development Director) C.AGENCY RESOLUTION 1356 AUTHORIZING THE PREPARATION OF AN AMENDMENT TO THE BA YFRONT REDEVELOPMENT PLAN AND APPROPRIATING FUNDS THEREFOR -- A Redevelopment Plan Amendment is required to incorporate recently approved Local Coastal Plan, increase debt limitation, and extend the termination date of the Bayfront Project. Au appropriation of funds is requested to pay for consulting services to complete this activity. Staff recommends approval of the resolution. (Commuuity Development D irec tor )t4tSm!iyôtê:Ri!.!!I Mr. Salomone made a brief overview statement. He said the Development Agreement negotiations have been ongoing and Council had asked that four specific motions, related to four specific issues, be addressed in negotiations. Staff and the developer desired to resolve those critical issues. Staff requested Council give direction on the four main issues, direct staff back to the negotiating table, and consider directing staff to return with an interim status report in 60 days on all issues. The four main issues were the Cultural Arts Center funding, the Nature Center funding, the Multipurpose Sports Facility/Ice Skating Rink, and Financial Participation by the Agency. In response to Council direction, staff presented three funding programs which would guarantee $2.5 million up front at the early stage of development, which would be used to hire a professional fundraiser, develop a fund raising program, and a feasibility analysis for a Cultural Arts Facility. Council directed staff to contact a professional fund raising executive. That executive agreed having the land, the planning authority, the political will, and $2.5 ntillion up front was a good start toward a long-range goal of raising $45 ntillion. Plan 1, wltich was brought to Council previously had the developer guaranteeing $7.5 million at the end of five years after Phase I was completed. However, in that Plan, any money above the $2.5 ntillion was off-set by any funds raised by the City which was seen as a flaw in a fund raising effort. Plan 2 had the developer giving the City $2.5 ntillion up front and match dollar-for-dollar up to $5 million above the $2.5 million. The developer was responsible for $7.5 ntillion. The caveat was that the City had to raise $4 ntillion and the City had to make a decision at the tenth year whether or not to go forward with the Cultural Arts Facility. Plan 3, which contained a proposal by Agency/Council Member Rindone, had the developer paying $2.5 million up front and match $2 for every $1 raised up to a total of $7 ntillion. Each Plan depended upon the success of the fundraising efforts. Staff recommended Plan I as it had the guarantee of the $7.5 ntillion. Plans 2 and 3 have merit, in that they offer fundraisers options to use a "match" which was seen as a benefit to fundraisers. Mr. Salomone stated both staff and the developer were in agreement that full funding would be provided by the developer for the Nature Center. The point of disagreement was when payment should commence. Staff recommended payment commence at the issuance of the first Grading Permit, the developer wanted payment to commence when the first Certificate of Occupancy was issued. Under Council direction, staff was to try to get construction of the Multipurpose Sports Facility/Ice Skating Rink guaranteed in the first phase of theproject. The developer had stated he would not guarantee that, though staff had provided an incentive of almost $20 ntillion to build in Phase 1. Staff felt that offer was the extent to wltich it could negotiate without interfering in the private market. Staff offered a Financial Participation package which proposed to provide revenue reimbursement of 30 percent of ouly Transient Occupancy Tax and Sales Tax, net of City expenses. The Tax Increment was not part of the revenue reimbursement formula. Member/Council Member Rindone pointed out he made the $2 for $1 match but had never indicated there would be a lesser amount for the aggregate total amount than $7.5 ntillion. J,-tf "'--' Minutes November 9, 1993 Page 5 Chairman/Mayor Nader asked if the Multipurpose Sports Facility referred only to the arena or everything related to sports which included the tennis complex. Mr. Salomone said it referred only the arena. Member/Council Member Fox quoted from page 9-32, "The City may jùrther wish to phase the residential, for example, allow 100 residential units upon completion of each of the major hotels in Phnse 1." He stated that was not a current staff recommendation, but should Council want that, then Council could ask it be included within the final Development Agreement. Mr. Salomone replied that was correct. Staff believed the tie-in between residential/commercial was a valid concern. Member/Council Member Fox wanted assurance Council was not approving what could be just a residential project as that was not Council's vision of the Midbayfront project. He asked what affect staff's recommended Plan I would have with respect to fundraising. Secondly, with respect to page 9-7, staff stated the professional fundraiser they consulted agreed there was a number of good things going in the City's favor, Le., having the land, having the planning authority, commitment of up front funds, and local support which was a good starting point. But, the fundraiser made the point that the City would have to rely upon a regional donor base. He pointed out the Olympic Traiuing Center had a national donor base and was having extreme difficulty raising money and questioned how it would be possible to raise $45 million on just a regional donor base. He asked staff if the professional fundraiser was saying it was practical. Mr. Salomone responded he thought the fundraiser was saying it would be very difficult, but had stopped short of saying it could not be done. The fundraising consultant said it would be essential to do a feasibility analysis of the donor basis as well as a feasibility analysis of the type facility the City wanted. The Escondida Performing Arts Theater, a 1500-seat state-of-the-art performing arts theater, was being built at a cost of $17.5 million and the estimated $45 million to build the Cultural Arts Facility may be a very high figure. It probably could be done for a lesser amount. Given the current economic climate, to raise $45 million would be a very difficult task uuless the City was to undertake a 20 year program. Member/Council Member Fox stated staff was not now recommending that Council ask the developer to show evidence of financing, of having a lender, or interested hotel developer(s) but staff was asking Council to defer that information request just prior to the developer having legal vesting. He asked staff why Council should wait. Mr. Salomone stated there was about six months of negotiations before a Development Agreement could be reached. It was not unusual for Development Agreements to have Conditions of Effectiveness which required all of that information be in the Development Agreement prior to vesting of the developer's rights. At this point in time, the developer does not have clarification of the other issues which will be explored in the Development Agreement process. The developer had to mitigate school impacts and provide affordable housing. There was some big dollar numbers which had to be incorporated into the Development Agreement prior to the developer shopping the project to potential investors or potential hoteliers. Staff was reluctant to require that information at this point in time. Member/Council Member Fox asked if staff was saying it would be unrealistic for Council to ask for evidence that the developer can do the project at this time because the developer needed to show other interests there was something that existed to begin with before the developer could present that evidence. Mr. Salomone said that was correct. Council would need that information, but not at this point. Chairman/Mayor Nader asked at what point would Council need it. ~-5 -.- Minutes November 9, 1993 Page 6 Mr. Salomone suggested that information could be a Condition of Effectiveness of the Development Agreement. Staff may be able to obtain that information prior to the Development Agreement being finalized. Staff wished to keep its options open at this point. Mr. William Barkett, Chula Vista Investors, 864 Prospect Street, La Jolla, CA 92037 stated he concurred with everything staff had stated with the exception of ouly one minor point of disagreement. Member/Council Member Moore inquired as to the point of disagreement. Mr. Barkett said the disagreement was the start of making payment to fund the Nature Center. Should the developer agree to a Benefit Assessment District there should be income to the property. Do not put a burden on the property until there was income to pay for that assessment. Member/Council Member Fox discussed creating a nexus between the developer building a certain number of residential units--staff had given, as an example, 100 units--for each major hotel that would be built. He acknowledged that was not currently in staff's recommendation but staff was saying that was an area Council may wish to pursue during finalization of the Development Agreement. He asked Mr. Barkett to comment to that. Mr. Barkett replied he would be opposed to only 100 residential uuits to every hotel as he would only get to build 400 of the 1000 residential units and he would have to build all four hotels. He had no problem with some limitations and had always assumed, based on past approvals, there were limitations. He did not understand where the idea the project was only going to be a residential community came from. Chairman/Mayor Nader said Council wanted to guard against just a residential project and the source of that concern went back to when Santa Fe was the owner of the property wanted to develop residential units without the resort component. He believed Mr. Barkett felt the 100 units per hotel was too low but would not be opposed to further negotiations to fix what an appropriate phasing mechanism in Phase I would be. Mr. Barkett responded that was correct. Member/Council Member Horton stated her understanding was, as part of Phase I, the developer was to put in certain infrastructure including Marina Parkway, a major portion of the park system, and the resort lagoon. She asked Mr. Barkett if he would put in the infrastructure prior to breaking ground on the residential or would the infrastructure go in concurrently. Mr. Barkett said it would probably be concurrently. Member/Council Member Horton stated with the developer investing a considerable amount of money into the project by putting in infrastructure and, under the approved Local Coastal Plan the developer could only build 25 percent of the residential uuits, then the City was protected as far as not having the developer build out the entire 1000 units of residential prior to building any of the commercial. Chairman/Mayor Nader said if the resort lagoon was included in the iuitial infrastructure, he was closer to agreeing with Member/Council Member Horton's statement. Mr. Barkett interjected there had been no formal negotiations but it was his understanding, based on what was approved in the Local Coastal Plan, that he could not build more than 250 uuits. If there were no roads or lagoon to create the ambience then no one would want to buy a condomiuium there. Member/Council Member Horton said that was something she defiuitely wanted spelled out in the Development Agreement. c2-(P Minutes November 9, 1993 Page 7 Member/Council Member Moore said staff should delineate what the requirement was in infrastructure prior to occupancy in the residential units. Mr. Salomone said staff was using the Local Coastal Plan's Specific Plan and the Land Use Plan adopted to date, which was not clear on whether or not the developer had to build the lagoon prior to the first residential permit issued. The Local Coastal Plan stated the developer could only build up to 25 percent of the residential uuits prior to substantial completion of the core (resort) area; substantial completion was described as 50 percent of the essential core area, and 50 percent could not be built without the lagoon because of the construction in that area. As a practical consideration, it would be necessary for the developer to install public improvements including streets, parks, bridges, and lagoons in order to attract a developer/user to the site. As further mitigation, the developer was specifically required to provide off-site mitigation measures such as improvements to E Street, Broadway, H Street, and Bay Boulevard prior to development of the residential area. Member/Council Member Moore ask what constituted the improvements on Bay Boulevard. Mr. Barkett replied those improvements required Bay Boulevard to be increased to three lanes, with two lanes going south and one lane going north, primarily between E and F Streets. Member/Council Member Moore said infrastructure included the Bay Boulevard modifications, installation of Marina Parkway through the development, the park system which included the park at the northwest comer plus the park that runs north to south where the Cultural Arts Facility would be located, the lagoon at the residential area, the off site streets at E, F, H, part of Broadway, and part of Bay Boulevard, the street accessing the residential area, but not the core lagoon. As part of the Development Agreement would the infrastructure be in place prior to occupancy or simultaneous with residential construction. Mr. Barkett stated he would comply with whatever was part of the approved Local Coastal Program. It was his belief traffic improvements had to be done when the project reached a certain density or the amounts of traffic required those improvements. Whatever was required by the Traffic Plan when development construction started, he would do. Mr. Salomone commented prior to Mr. Barkett getting a building permit Council would need to approve a Master Plan that would include all those elements. After the Master Plan was approved, there would design review and architectural review prior to building permits being issued. There would be further checkpoints between now and the issuance of a building permit. Member/Council Member Moore stated the idea was for Council to come to agreement so staff would know the parameters to continue the Development Agreement negotiations. Mr. Salomone stated that was correct. Member/Council Member Moore said if there was concern about residential being built and commercial not being built, then Council could come to an agreement on a certain value of the infrastructure having to be in place, whether on-site or off-site, that would be sufficient to satisfy the Council. Assistant City Manager Mortis noted it was staffs intent to return with a final Development Agreement that would include a Phasing Plan which would include what Member/Council Member Moore outlined. He stated that touight staff was seeking general direction. about the four major items in order for negotiations to proceed on a final Development Agreement. Member/Council Member Moore stated those were the four items discussed in Mr. Salomone's oral report. 2-7 Minutes November 9, 1993 Page 8 Member/Council Member Rindone said those concerns expressed by Council Members would be helpful to staff in the negotiating process. He pointed out at the last meeting Mr. Barkett attended, he indicated to the Agency/Council that the project was not being developed by Mr. Barkett but was being developed by Chula Vista Investors. He asked Mr. Barkett if he still concurred with that statement. Mr. Barkett responded that was correct. Member/Council Member Rindone asked Mr. Barkett who was Chula Vista Investors. Mr. Barkett replied it was a California partnership. Member/Council Member Rindone asked if the partnership had taken any part in, or responsibility for, the Radisson Hotels project in National City. Mr. Barkett said they had not. Member/Council Member Rindone asked if the Radisson Hotels project was part of Chula Vista Investors. Mr. Barkett said no. Member/Council Member Rindone asked Mr. Barkett if he was prepared to share with Council what the tentative assets of Chula Vista Investors comprised and would it be able to support a project of this magnitude. Mr. Barkett stated when the time was right he would. Chairman/Mayor Nader asked Mr. Barkett if he had any problem with the concept that before rights vested under the Development Agreement, the time would be right to do that. Mr. Barkett responded he did not have a problem with doing that. Larry Durolao, 650 Rivera Street, Chula Vista, CA 91911, stated he wanted to go on record as supporting staff's recommendation, specifically for the Cultural Arts Facility financing Alternative Plan 3, which was the $2 for $1 match. His support for financing Plan 3 was based upon his previous involvement with other Art Agencies. A number of national fundraisers looked at the kinds of support already committed before they would commit their money. He would like to see some City funds supporting the Cultural Arts Facility. As an example, the City of Escondido substantially supported the Escondido Cultural Arts Center monetarily, and because of that their fundraisers were able to meet with success in raising the money necessary for annual maintenance and operational expenses. The City's fundraising effort would require top-notch professional fundraisers. Chairman/Mayor Nader asked if the funding alternatives had been discussed with the Cultural Arts Commission. Mr. Dumlao replied not while he was a Commissioner. Member/Council Member Rindone stated Chair Dency Souval of the Cultural Arts Commission, who was out of the country at this time, called him and emphatically indicated that she recommended the $2 for $1 match, or the Alternative Plan 3. Mr. Dumlao stated that was the standard for the national fundraising community. Chairman/Mayor Nader asked if the $2 for $1 would be capped at a certain level under the proposal. ;¿-? Minutes November 9, 1993 Page 9 Mr. Salomone responded the developer's contribution would be to match up to $7 million. Member/Council Member Rindone said when he recommended the $2 for $1 match, he still favored a cap at $7.5 million. Mr. DumJao said that would be more appropriate as it would increase the amount of funds raised. Member/Council Member Moore asked was it possible for the City to raise $3.5 million in order to get the $7.5 million from the developer. Mr. Dumlao noted he had talked to Mr. Gary Neiger, who was sought out to head up the Escondido Cultural Arts Center fundraising effort as he was pre-eminent as a national fimdraising professional, and Mr. Neiger informed him there were several factors to be taken into account: . what was happening in the economy, . what was happeuing in the art commuuity/world. Member/Council Member Moore stated most of Escondido's money came from the North County Fair Shopping Mall. He asked staff how much money was raised from private donations. Mr. Salomone replied the fundraising effort in its first year raised $350,000, the second year it raised almost $850,000, and in the current year the fundraising effort raised $1.5 ntillion. The Escondido Performing Arts Center was looking at a $6.5 ntillion operational budget which needed to be funded on an annual basis. The City of Escondido had built a $73 ntillion facility which would require a $6.5 ntillion annnal operating budget. Chairman/Mayor Nader asked if Mr. Salomone had stated the cost of the Escondido facility at $17.5 ntilJion. Mr. Salomone said the facility being talked about was a performing arts complex which had two performing arts theaters, gallery space, conference center, teaching facilities for the arts and that cost $73 ntillion. The 1500 seat state-of-the-art performance theater which was a component of the complex, was $17.5 ntilJion. Member/Council Member Fox asked the cost of the Poway Performing Arts Center. Mr. Salomone replied it was an 800 seat facility but he did not know the cost. Dr. Stephen Neudecker, 685 Redlands Place, Chula Vista, CA, Executive Director of the Bayfront Conservancy Trust and the Chula Vista Nature Center. The Bayfront Conservancy Trust has a keen interest in the Development Agreement because it would provide the long-term funding. The Board has reviewed the Instruction to Negotiators, and while the Bayfront Conservancy Trust appreciated the difficulty of the negotiations and the complexity of the Development Agreement; and, while the Agreement may not be ideal, it is acceptable with one proviso: that the annual maintenance and operation payments commence with the issuance of the first grading permit, but at the latest no later than January I, 1996. In summary, the Bayfront Conservancy Trust supported staff recommendations and respectfully urged the Council to require payment to commence with the issuance of the first grading permit. Member/Council Member Rindone stated staff was seeking clarification on the four issues--as mentioned by Mr. Salomone in his opeuing remarks--in order to determine the boundaries and direction Council wanted to go in the development of the Development Agreement. However, before Council responded to that, Council needed to obtain assurance from staff that the entire project was feasible. The number one issue was the feasibility of the project. He asked staff if the project was feasible, and if so, what would that assurance be based on. Mr. Salomone said the reports from Williams-Kuebelbeck & Associates, the City's consultant that performed the feasibility aoa1ysis, recommended the project have a 15 % Internal Rate of Return to be feasible. The project does not. The Internal Rate of Return was somewhere between 9 % to II %. The developer indicated to the Agency that the 9 % to II % Internal Rate of Return on a project of that size was acceptable to him. Council accepted that the .2- q Minutes November 9, 1993 Page 10 project was marginally feasible--in the words of our consultaot--and allowed the project to go forward. Staff still felt the project was marginally feasible. The project was being burdened with additional economic burden such as the Cultural Arts Facility and the funding for the Nature Center. Staff would still characterize the project as marginally feasible. The project had a chance to succeed and staffs indication at this point to the Agency would be that Council move forward and give the project every chance to succeed. Member/Council Member Rindone asked what staffs recommendation would be, to be very prudent, to ensure that the project was feasible. Mr. Salomone said a feasibility study would probably ultimately be a recommendation by staff but at this point there was still Development Agreement issues to be ironed out. There was major impact items to be costed out--tentative costing for school mitigation had shown a $9 million cost, the developer needed to provide 50 units of affordable housing, and phasing and timing needed to be looked at. Staff believed it critical that negotiations continue on a weekly basis and return in the near future with a clear picture of the project. Member/Council Member Rindone asked what would happen to the Development Agreement should the project become infeasible. Mr. Salomone replied that staff would not recommend a Development Agreement should it feel the project was not feasible. Member/Council Member Rindone said he was not sure what staff would recommend to provide additional assurance that the project was feasible. While staff was not prepared at the meeting to fully address the assurance level desired, it was critical that that assurance be an iuitia1 step. Member/Council Member Fox stated he differed regarding another feasibility study be done as two feasibility studies had been done and brought to the Council. Council had continued with the process since then. There are four issues before the Council. Speaking as one Council member, staff, including Sid Mortis and Chris Salomone, have made tremendous progress. He was ready to vote on staff recommendations, in particular, the Cultural Arts Center funding for $7.5 million. He supported that recommendation because it was a guarantee. The $2 for $1 alternative did not quite do that. The developer had to guarantee $7.5 million in Alternative A, where there was no guarantee in the other alternatives, unless that burden would be placed on the developer as well, which would make those alternatives no different than Alternative A. Member/Council Member Fox further stated he believed the four issues before the Council needed to be resolved. Staff had done an excellent job in getting the Development Agreement in place. However, to obtain his final approval, he wanted the nexus Council Member Horton spoke of previously. The nexus between residential and commercial development where the Council would stick with the 25 % of residential development preceding prior to commercial. Member/Council Member Fox said he was looking forward to the day the City was reimbursed for staff time and the hiring of a Project Manager, both paid for by the developer. That would not come about until a Development Agreement was entered into. When, and before the City enters into that Development Agreement, the City had to have assurance that it had a company that had the resources to build the project and the interest to do so, in order for him to determine the Developer/Agency/City had a deal. He understood why the City could not get that assurance at this time as it would be placing the applicant in an awkward position as it does not have a product. Eventna1ly, there would be a product, and the Developer could show the world what Chula Vista had approved. He could not favor another feasibility study at this time because all the Council would get would be a third opiuion which simply would be different from the first two. However, before the Development Agreement was signed, Council must know the City had a Developer who had the resources and know how to go forward. Staff needed to get the message--shonld other Council Members agree--the direction staff needed to go would be to: . provide proof to the Council there was an applicant with the wherewithal to build the project, . create the nexus between :2 -/O Minutes November 9, 1993 Page 11 the residential units and the commercial to be built, and . after the Development Agreement was approved, staff time would be reimbursed and a Project Manager would be paid for as well. Member/Council Member Horton said if Council Member Fox would put that in the form of a motion she would second. MOTION: [Fox/Horton] move for staff recommendation with the direction another feasibility study not be undertaken; in further negotiations for a Development Agreement, there be a nexus between the amount of residential units built and infrastructure/commercial development; negotiations would continue along the lines of the 25%--as mentioned in Chris Salomone's memorandum--of the residential units built prior to the commercial; and, negotiations continue along the line that eventually, and probably at the point the Development Agreement was signed, staff time would be reimbursed and a Project Manager would be paid for as well. Agency/Council Member Horton asked Member Fox if infrastructure included the lagoons (central core area and residential area), Marina Parkway, the park system, off-site street traffic mitigations that needed to be done, e.g., modify Bay Boulevard, H, G, F, and E Streets, E and Broadway, and F and Broadway. Agency/Council Member Fox said that was correct. Agency/Council Member Horton then seconded the motion. Member Horton concurred that a feasibility study should not be done as there were feasibility studies that had been reviewed and analyzed by Council and the Bayfront Planning Subconunittee and to order another feasibility study at this time would be a waste of money and time. The developer could not start building out the project without funds. In order to get funding, especially in today's econontic climate, those funding sources would thoroughly aoa1yze the project before they invested their money. Agency/Council Member Rindone stated it was staffs responsibility to present a final Development Agreement to the Agency/Council with the assurance the project was feasible. There were many ways to ascertain that and if staff had information to validate the issue, then it was incumbent upon the Council, once it was presented, to be sure that was part of the basis on which a final decision whether to accept the proposed Development Agreement would be determined. Before the Council made a final determination on the Development Agreement, Council needed to have the assurances the project would be built and have the intensity and ameuities the Agency/Council wanted, and was not just marginally feasible. Agency/Council Member Rindone said none of the Alternatives were preferable for financing the Cultural Arts Facility. However, Alternative 3--the $2 for $1 match, should be modified to cap eqnal to Alternative A, or at $7.5 million. Chairman/Mayor Nader stated he voted for the Local Coastal Plan Amendment with the Cultural Arts Center as an integral part of the plan. He did not want to vote for a plan which had virtna1ly no hope of succeeding. or gave ouly lip service to that part of the plan. The Cultural Arts Center, at this location, would be a "crown jewel" for Chula Vista. He was convinced, after talking with promoters in the field, the facility would attract siguificant business to Chula Vista. He understood there would be capital and operating costs associated with it, and that would need to be addressed. The concept the Bayfront Planning Subconunittee developed was of having a plan that included a significant commercial/private component and which gave the City opportunities to develop a Cultura1 Arts Project. Opportunities sintilar facilities within the County did not have. He supported the $2 for $1 match capped at $7.5 ntillion for the Cultural Arts Facility financing mechanism. In the alternative, Alternative B, which provided more funds actually being raised than either of the other two alternatives would be preferred. Alternative A, which had a guarantee the developer would provide $7.5 ntillion, but without the match, the City would end up with less money and could fall short of what was needed to construct the Cultural Arts Facility. He was more ;2 ~II Minutes November 9, 1993 Page 12 interested in the $2.5 ntillion guarantee with an additional $5 ntillion at a $2 to $1 match which would result in providing more funds. He had a concern with the multipurpose Sports Facility/Ice Skating Rink. He failed to see what the market in Chula Vista was for a 5000 seat sports arena. However, if the Developer, at his own risk, wanted to build a 5000 seat sports arena on the Bayfront, given the majority of the Council had indicated it would like to have that, he did not want to stand in its way. But, if the Council was going to offer, as staff's proposal recommended, a $20 million bonus out of City funds to the Developer to build that particular amenity, he had a problem with that. If the Council was willing to share $20 million out of the City's revenues generated from the project, he would much prefer to see it put toward the Cultural Arts Center. As to the phasing of the residential aspect of the project, he preferred the position that originated with Marcia Scully, Esq., Agency Special Counsel, that was contained within the City Attorney's report (as bracketed on page 9-27). He favored directing staff to negotiate with the Developer, as part of the Development Agreement process, what that tightened phasing should consist of. Chairman/Mayor Nader noted he was one of a relatively small number of Mayors honored with an invitation from the National Endowment of the Arts to attend the Mayors City Design Institute at the federal govermnent's expense. Each Mayor invited was asked to present a project of siguificant design concern to their city to an assemblage of experts--architecture, city design, traffic engineering, urban p1amting, and so forth--from around the country. The Midbayfront project was the project he presented. The project was somewhat controversial with the assembled experts, but the consensus seemed to be it could be a tremendous project for the City but there were two changes that emerged as considered clearly desirable by all the national experts assembled. One, which would adnúttedly be a radical change in the way Chula Vista typically does traffic engineering was to not put Malina Parkway all the way through the ntiddle of the project, but rather have it terminate at the core in front of the Cultural Arts Facility to create a focal point for the City's bayfront. He wanted flexibility for staff to look at that issue. The other item on which there was consensus from those assembled in terms of the architectural style, it was summed up by the comment of one expert who said People do not usually travel to southern California for vacation in order to experience Italy. They travel to southern California to experience southern California. The suggestion was made that the architectural style, as opposed to the dimensions and the footprint, could better reflect California ambiance and heritage and might make it a more uuique and attractive resort location than the Mediterranean style architectural. The Development Agreement should leave the City's Design Review Committee with the flexibility to implement that concept should it be deemed desirable at a later time. The Local Coastal Plan limited the number of highrises to four, and to make sure they were not concentrated in the residential section, that should be addressed in the phasing plan. AMENDMENT TO MAIN MOTION: [Nader/Rindone] to accept on residential phasing issues the recommendation, which originated with Marcia Scully, as contained on page 9-27, in second set of brackets, of the City Attorney's memorandum, not cementing the number, 100 as the unit, but leave that as an item for negotiation, but clearly indicating that the Council wanted tighter control of smaller increments of residential units to be built in conjunction with certain milestones in the core infrastructure. Part of that would be to assure the highrises are not concentrated in the residential portion. Agency/Council Member Moore stated if the Council was trying to kill the project and go back to the four-year rotation of starting something new, then the Council was certainly working hard at that. Council had taken away a number of dwelling units (residential), a number of dwelling uuits (hotel rooms); there was a $9 ntillion School Impact Fee; 50 affordable dwelling units; $500,000 ntiuimum/yearly for the Nature Center; $7.5 million as well as donation of the land for a Cultural Arts Center; building the multipurpose Sports Facility/Ice Skating Rink; and, park acreage had been increased considerably in the process. Changing the configuration of Malina Parkway would require reconfiguration of the lagoon and the core resort area. Why not just vote against the project, let the Developer sell the land, and then the City could start allover again. He admouished that was where the Council was heading. He agreed there should be some checks on residential versus the rest of the project. Council was directing the residentia1lagoon to be in place, modification of Bay Boulevard completed, and the off-site traffic intersection/street improvements made. Council was now saying 50 percent of the commercial had to be built in J - J:¿ -.- - Minutes November 9, 1993 Page 13 order for the developer to construct 25 percent of the residential. Tell staff to have appropriate checks and balaIlCes for on-site and off-site improvements that have value to the City, and that Council wanted some type of value--in the form of infrastructure--to the City to offset the fact the first thing being built was the residential. Member/Council Member Fox said Council needed to find that balance in protecting the City's rights as well as ensure the best possible project was developed on the Midbayfront. To support the amendment to the motion would upset that balance as it could affect the applicant's ability to get favorable financing because of the extra burdens. The developer had the tremendous burden of providing for a Cultural Arts Facility, funding of the Nature Center, and the public infrastructure he has to provide. Those kinds of things would affect the applicant's ability to go out into the marketplace and find financing. There needed to be a nexus between the amount of residential to be built in relation to the commercial. VOTE ON AMENDMENT: [Nader/Rindone] Failed 2-3, with Moore, Fox, and Horton opposed. Member/Council Member Moore stated Council should direct staff to look at appropriate checks and balances of authorizing 25 percent of the dwelling units up-front, and the infrastructure might be the offset needed. Member/Council Member Horton indicated that was contained in the main motion. Member/Council Member Moore said the central core lagoon should be built prior to a hotel being built. Chairman/Mayor Nader replied staff stated that was the case as he had specifically asked that question. Mr. Salomone stated staff had not said the lagoon in the central core would precede the building of the first residential units. Member/Council Member Horton said her understanding was the same as the Mayor's and she wanted the central core lagoon built as part of the iuitial infrastructure and that should be included, as such, in the Development Agreement as that was the intent of the maker of the motion. Member/Council Member Fox said that was also his understanding and he had included it in the main motion. Chairman/Mayor Nader asked if that was part of the main motion. The maker and second agreed the building of the central core lagoon was included as a part of the initial infrastructure and was included within the main motion. AMENDMENT TO MAIN MOTION: Direct staff to pursue either Alternative B or Alternative C, or the modified Alternative C (Councilman Rindone discussed previously tonight), but eliminate Alternative A from the Cultural Arts Facility financing negotiations. Member/Council Member Moore asked was Alternative A being entirely eliminated. Chairman/Mayor Nader replied that was correct. Agency/Council Members Fox and Horton agreed to make that part of the main motion. AMENDMENT TO MAIN MOTION: Look at both alternatives of the $20 million inducement: [a] applying inducement to build the multipurpose Sports Facility/Ice Skating Rink, or [b] applying the $20 million inducement instead for funding of the Cultural Arts Center. ;¿ ~ /3 -.-.- Minutes November 9, 1993 Page 14 Agency/Council Members Fox and Horton agreed to make that part of the main motion. AMENDMENT TO MAIN MOTION: [Nader/Horton] Refer to staff the recommendations that came out of the City Design Institute as it related to the alignment of Marina Parkway and the architectural design, with staff to consider, in the negotiation process of the Development Agreement, leaving those two points flexible so they are not locked in with the Development Agreement, while retaining, at the same time, the design control the City should have as part of the Development Agreement. VOTE ON AMENDMENT: [Nader/Horton] Failed 2-3, with Moore, Rindone, and Fox opposed. Agency/Council Member Fox seeked clarification of the motion as well as a listing of the infrastructure public improvement that would be required as part of the 25 % nexus. The motion was as follows: MOTION: [Fox/Horton] move for staff recommendation with the direction another feasibility study not be undertaken; in further negotiations for a Development Agreement, there be a nexus between the amount of residential units built and infrastructure/commercial development; negotiations would continue along the lines of the 25%--as mentioned in Chris Salomone's memorandum--of the residential units built prior to the commercial; and, negotiations continue along the line that eventually, and probably at the point the Development Agreement was signed, staff time would be reimbursed and a Project Manager would be paid for as well. The infrastructure included the lagoons (central core area and residential area), Marina Parkway, the park system, off-site street traffic mitigations that needed to be done, e.g., modify Bay Boulevard, H, G, F, and E Streets, and E and Broadway and F and Broadway. The maker and second agreed the building of the central core lagoon was included as a part of the initial infrastructure and was included within the main motion. Direct staff to pursue either Alternative B or Alternative C, or the modified Alternative C (Councilman Rindone discussed previously tonight), but eliminate Alternative A from the Cultural Arts Facility financing negotiations. Look at both alternatives of the $20 million inducement: [a] applying inducement to build the multipurpose Sports Facility/Ice Skating Rink, or [b] applying the $20 million inducement instead for funding of the Cultural Arts Center. Member/Council Member Rindone pointed out text was missing and needed to be included in staff's recommendation. AMENDMENT TO MAIN MOTION: [RindonelNader] on page 9-25, in Column B there was a description of the current position of staff for the Assignment of Development Agreement, and the following four words "and without additional subsidies" would have be added. The first dashed item would then read in its entirety: "Assignee's ability to develop project within previously agreed upon (or otherwise reasonable) time frames and without additional subsidies." Member/Council Member Moore asked what "additional subsidies" meant. Chairman/Mayor Nader replied none not contained in the Development Agreement. VOTE ON AMENDMENT: [Rindone!Nader] Passed unanimously. :2-I'f- Minutes November 9, 1993 Page 15 Chairman/Mayor Nader wanted to be on record as saying while Council had looked at conceptual drawings he had never at any stage in the Subcommittee or Council meetings intended his votes to have included the approval of the architectuta1 style as depicted on the drawings. Member/Council Member Rindone seeked to clarify the main motion as it related to staffs recommendation for funding the Nature Center. CLARIFICATION AND AMENDMENT TO MAIN MOTION: The Maker and Second agreed the Main Motion included staff recommendation 1B for the Nature Center as it appeared on page 9-13 of the staff report. Member/Council Member Rindone stated the intent of the motion and amendments was to provide direction on the four items, but when the final Development Agreement came back before Council, the essential ingredients had to ensure the project was built, built out with the appropriate phasing plan, and was feasible. Staff needed to address the feasibility of the project. Member/Council Member Fox said it needed to be made clear to the public the Council vote touight did not indicate there was going to be a Midbayfront development. Council had taken a key step--should the motion pass--toward progress in creating the Development Agreement. There were still major obstacles to overcome before Council had assurance the project was going to happen. VOTE ON MAIN MOTION, passed unanimously. Chairman/Mayor Nader moved to adjourn to Closed Session and trail the balance of the Agenda items to the next week's meeting. Mr. Morris stated the Attorney had pointed out Item 9.B had not been considered and asked if Council could take final action. RESOLUTION 1356, offered by Agency/Council Member Fox, read the heading, waive the text. Item 9.B trailed to next week's meetiug with the concurrence of the maker of the motion. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 4. The item was trailed to next week's meeting. OTHER BUSINESS 10. DIRECTOR/CITY MANAGER'S REPORT Schedule of Meetings - No report given. 11. CHAIRMAN/MAYOR'S REPORT No report given. :1- IS- Minutes November 9, 1993 Page 16 12. MEMBERS/COUNCILMEMBERS' COMMENTS No reports given. ADJOURNMENT The Redevelopment Agency met in Closed Session at 12:07 a.m., November 10, 1993. The Redevelopment Agency adjourned at 12:40 a.m., November 10, 1993. Respectfully submitted, ~d:v J. ~ Berlin D. Bosworth, Secretary to the Redevelopment Agency [C :\WP51 \AGENCYIMINUTES\11-09-93.MIN] ~-/to _._~---- - - --- ---------- -------------- ------ MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, March I, 1994 City Council Chambers 6:23 p.m. Public SelVices Building CALL TO ORDER 1. ROLL CALL: PRESENT: Members Horton, Fox, Moore, Rindone, and Chairman Nader ALSO PRESENT: John D. Goss, Director; Bruce M. Boogaard, Agency Attorney; and Beverly A. Authelet. City Clerk 2. APPROVAL OF MINUTES: February 15, 1994 MSUC (Horton/Fox) to approve the minutes of Fehruary IS, 1994 as presented. CONSENT CALENDAR (Items pulled: none) CONSENT CALENDAR OFFERED BY MEMBER HORTON, reading of the text was waived, passed and approved unanimously. 3. WRITTEN COMMUNICATIONS: None Submitted. 4. RESOLUTION 1389 EXTENDING TIlE OWNER .PARTICIPATION AGREEMENT WITH LAWRENCE M. AND STEPIlEN P. CUSHMAN, DATED OCTOBER I7, I991, FOR A PERIOD OF TWO YEARS--The Agency entered into an Owner Participation Agreement (OPA) with Mrs. Helen Cushman on 10/17/91 for the development of an approximately IO-acre property located at 517 Shinohara Lane. This property was later transferred to Lawrence M. and Stephen P. Cushman, and the OP A was extended by the Agency until 10/17/93 at which time the OPA expired. The Cushmans have requested a further extension of the Agreement due to current adverse market conditions. As an alternative. staff recommends a two year extension of the OP A to 10/17/95. Staff recommends approval of the resolution. (Community Development Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS None Submitted. ORAL COMMUNICATIONS None c2~ /7 --~ ----- ---".~.c._-_.__c._--~ Minutes March I, 1994 Page 2 ACTION ITEMS None Submitted. ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: none. The minutes will reflect the published agenda order. OTHER BUSINESS 5. DIRECTOR'S REPORT - None 6. CHAIRMAN'S REPORT 6a. Ratification of Appointment: Rosalinda Nava to the Otay Valley Road Project Area Committee MS (NaderlFox) to approve the ratification of appointment of Rosalinda Nava to the Otay Valley Road Project Area Committee. Member Rindone noted that Ms. Nava was an Intern for the Planning Department and questioned whether it was a paid or unpaid position. Chainnan Nader stated he had directed staff to verify that and only agendize the appointment if it was an unpaid position. AMENDMENT TO MOTION: (Moore/Fox) to ratify the appointment of Rosalinda Nava only if her position with the Planning Department was unpaid. Approved unanimously. 7. MEMBERS' COMMENTS - None ADJOURNMENT ADJOURNMENT AT 6:25 P.M. to the Regular Meeting of the Redevelopment Agency on Tuesday, March 15, 1994 at 6:00 p.m., immediately following the City Council meeting. Council Chambers, Public Services Building. by: lerk j-Ig MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 15, 1994 City Council Chambers 10:47 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Members/Council Members Horton, Fox, Moore, Rindone, and Chairman/ Mayor Nader ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Beverly A. Authelet, City Clerk 2. APPROVAL OF MINUTES: March 1, 1994 CONSENT CALENDAR (Item pulled: 5) MSC (Horton/Fox) to continue the balance of the agenda, as it was not time sensitive, to the meeting of March 22, 1994 as it was past 10:30 p.m. Approved 4-1 with Moore opposed. 3. WRITTEN COMMUNICATIONS: None Submitted. 4. AGENCY RESOLUTION 1390 ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR FY 1993- 94 AND APPROPRIATING FUNDS THEREFOR--The FY 1993-94Redevelopment Agency Budgetwas reviewed as part of the City budget approval process. As the Redevelopment Agency is a separate legal entity, it is necessary to approve the budget separately as required by California Community Redevelopment Law. The formal Agency adoption of the budget had been delayed in order to determine the full impact of State budget resolutions and to complete the evaluation of staffmg needs for the Economic Development function in the Community Development Department as directed by City Council during and subsequent to the City's budget review process. Staff recommends approval of the resolution. (Community Development Director) [4/5ths Vote Required] Continued to the March 22, 1994 meeting. 5.A COUNCIL RESOLUTION 17411 APPROVING CITY SUPPORT FOR A BICYCLING EVENT ON JULY 10, 1994, AUTHORIZING A WAIVER OF FEES IN THE AMOUNT OF $3,000 FOR CITY-PROVIDED SERVICES, AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ELITE RACING, INC.--Elite Racing, a professional sports marketing and management company, has approached the City with a proposal to conduct a large-scale fundraising bicycling event entitled Tour de South County scheduled for 7/10/94. Elite Racing is requesting funding from the City in the amount of $15,000 and staff recommends an amount of $12,000 to help offset the costs of the event which are estimated to be $65,400. Staff recommends approval of the resolutions. (Director of Parks and Recreation) Pulled from the Consent Calendar. B. AGENCY RESOLUTION 1391 APPROVING AGENCY SUPPORT FOR A BICYCLING EVENT ON JULY 10,1994, AND APPROPRIATING $12,000 IN FY 93/94 FROM REDEVELOPMENT AGENCY FUNDS TO OFFSET OPERATIONAL EVENT COSTS [4/5ths Vote Required] 02-/9 -.-- Minutes March 15, 1994 Page 2 Council! Agency Member Rindone questioned if it was a non-profit promoter and what the basis was for using tax dollars for a profit-making promoter. Jess Vatenzuela, Director of Parks & Recreation, responded that it was not a non-profit promoter. Chris Salomone, Director of Community Development, stated the basis for the City to be involved in the event was the same as for being involved in the Arturo Bartios Race, i.e. City staff was not capable of going out and getting the sponsorships, riderships, etc. In effect what the City was doing was hiring a promotional agency to put on an event that would generate economic development, attract people to the City that would not normally come on an annual basis, and created exposure through the media in ways the City was not able to do which would reverberate economically. Mayor/Chairman Nader stated the staff report indicated that $5,000 would be donated to a youth organization, but the letter from Mr. Murphy stated a guaranteed minimum of $5,000 would be donated. Tim Murphy, representing Elite Racing, responded they wanted to raise more and would continue to improve on an annual basis. They had fixed costs of over $50,000 and it was hard to say in the beginning what it would be. During the second year of the Arturo Barrios Race they lost money, but the charity still received their money. Mayor/Chairman Nader stated their projected costs indicated a potential loss of $400 net on the event including the $5,000 contribution from charity. He questioned if the projections were based on a certain number of participants in the event. Mr. Murphy stated that was correct and was also based on a certain number of incremental sponsorships. Mayor/Chairman Nader stated if there were more that the anticipated number of participants if the $400 loss could turn into a profit. Mr. Murphy responded that was correct. Mayor/Chairman Nader questioned if that happened if there would be a corresponding increase in the charitable contribution. Mr. Murphy responded that was correct. The easiest way would be to set aside an incremental amount, i.e. so much per participant that would go to the charities. He would be agreeable to that. Council/Agency Member did not feel there was any debate that it would be a premier activity for the City, but he was wrestling with the ethical question of using taxpayer dollars for the support of a profit-making promoter. He felt it would set a precedent for other promoters. Option 3, page 5-4, could accomplish both efforts; not only have the event but eliminate any reality or perception that tax dollars were funding a profit-making company. Staff should be directed to provide the in-kind services and seek the balance of the $12,000 from additional sponsors. MS (RindonelIIorton) to approve Option 3, in-kind services support only ($3,000); no additional funding. Direct staff to discuss with Elite Racing the possihility of obtaining the $12,000 from its current sponsors, or additional outside sponsors. Couocil! Agency Horton stated there was a tremeudous benefit to some of the developers in the eastern territories of the City by having the race. She wanted to see staff or Elite Racing contact the Baldwin Company, EastLake, and other developers in the area regarding sponsorships. It was a family event and she felt the concept was exciting and a great way to promote the City. Mayor/Chairman Nader stated the fact that Mr. Murphy represented Elite Racing, a for-profit adventure, did not in and of itself preclude City support if there was a return on that investment for the public. The City contracted with for- profit vendors all the time. It was done with the justification that the City was getting something for it 1--;¿Ô ---- Minutes March 15, 1994 Page 3 that was worth the expenditure of tax dollars. The justification was the economic impact on the City and the contribution of funds to the youth charity. The appearance of spending $12,000 to get a $5,000 return did not appear to be a fantastic investment, but the principal of using a for- profit firm to put on an event to benefit the City did not necessarily bother him. He felt he could support more than Option 3 if it was tied to what the City expected to get back. City ManagerlDirector Goss suggested that as an alternative the City submit $6,000 and challenge the other developers to match it. Council/Agency Member Horton suggested that Option 3 be tried and wait to see what the outcome was. Council/Agency Member Rindone stated it was an event he wanted to see in the City and it would have benefits other than the dollar amount, but if they could raise sponsors and not use tax dollars then it would be an even more improved situation. He felt that should be explored first. Greg Cox, representing Elite Racing, stated the Arturo Bartios Race was a partnership between the City, the Port District, and Elite Racing to bring a world class event to the City. It would be a first year event and there would be a lot of capital costs that may not be there in future years. They had solicited support from some of the people in the community that was predicated on it being a partnership with the City. The Star News had indicated they would commit a media package which was probably worth $30,000 in advertising. The McMillin Company had committed to be the title sponsor for the event, but had also made some constraints, i.e. any child under ten that was accompanied by an adult would be able to ride free. That would come at additional costs to the event with every rider that participated in the program. Sharp Community Hospital agreed to donate $2,500 and they were working with other companies. The first year was the big risk and if there was not that much support Mr. Murphy was still on the line for a significant amount of money, upwards of $50,000. They felt that because McMillin agreed to be the title sponsor and their tieing it into the opening of SPA III in the Rancho del Rey project there would be additional advertising, special bicycle related handouts to participants, etc. The support of the City was critical because it was the first year. He felt there was a real advantage to the City from the marketing standpoint. Council!Agency Member Fox felt if the Council!Agency was going to be asked to sponsor an event for a for-profit organization they should be informed that the organization was for-profit. Council! Agency Member Moore felt it was the benefit was the promotiou of the City and the effort was there. The amateurs and non-profit entities could not put on the same type of event or media exposure. Many times the only way to promote the City, with guarantees, was through a profit-making organization. Council! Agency Member Horton stated she did not have a problem with it being a for-profit organization as they had done a very good job with the Arturo Barrios Race. She originally felt confident that the monies could be raised from the other developers, however, if in fact McMillin was the major sponsor and using the race for their open house to promote their product she was not sure the other developers in the eastern tertitories would want to support it. In light of that, she would reconsider her position on the item. Mr. Murphy stated the City would get back a lot more than the $5,000 donation to a youth charity. It would be an event that had a first year budget of $65,000 and most ofthat was in marketing, printing, and advertising. They were bringing to it uine years of experience with Tour de North County which was the single best bicycle tour in all of Southern California. Council/Agency Member Horton questioned if staff could identify any other way, other than cash funds, to off-set the City's participation in the event. Mr. Valenzuela responded that staff felt they had identified as much as they could regarding staff support. c2 -jj --- - Minutes March 15, 1994 Page 4 SUBSTITUTE MOTION: (Horton/Fox) adopt the financing alternatives in Option 1, Redevelopment Agency funding support in the amount of $12,000, as requested by Elite Racing, and in-kind services support for police services and equipment, and staff support from Parks & Recreation ($3,000). Council/Agency Member Rindone questioned if staff had talked with Elite Racing the possibility of obtaining $12,000 from current sponsors or outside additional sponsors as inc1nded in Option 3. Mr. Valenzuela stated that had not been done. Council/ Agency Member Rindone question if the item had been brought to Council without that having been done first. Mr. Valenzuela stated it was an option to direct staff to do that. Council/Agency Member Rindone stated he supported the event in the City and there were a number of benefits. He felt all options should be explored. If staff had come before the Council/Agency after doing that and stated they had been unsuccessful he could accept it. He was disappointed that had not been done. Council/Agency Member Fox stated the A113 indicated McMillin was donating $20,000 and the hospital was donating $2,000 and he questioned how it was reflected in the presented budget. Mr. Murphy responded the budget had been submitted before there were any cash sponsors. At that point they did not have a penny but were willing to go ahead. They had been working very hard on soliciting sponsors as per Option 3. Council/Agency Member Fox stated he was prepared to vote for the motion because it was a July event and he felt the benefits were there for the City and felt it would be an on-going effort. The benefits to the City were not just for the at-risk youth but intangibles as well. He wanted to vote for the motion, but also wanted to look at an accurate budget. He questioned if the item could be continued one week so Mr. Murphy could return with an amended budge. Mr. Murphy stated he would do that. He would not be able to attend the meeting as he had a presentation before the Carlsbad City Council. What they had signed was $20,000 in sponsors. Something they did in all their events even though it had not been publicized was to provide free entries for children through the Parks & Recreation Department, Boys & Girls Club, YMCA, and school system. It was a working budget. They had also committed in advertising $3,000 over the $7,000 that was in the budget on 11/1193. They were taking all the financial risk and making a guarantee to the youth charity. Council/Agency Member Horton stated they had identified their sponsors and questioned if their request was approved in concept, and they received more sponsors for the event, if they could off-set the amount the City was putting into the race. Mr. Murphy stated that was not the way it generally worked. It had been his practice that when more sponsors were obtained each year for an event he would invest the money back into the event which resulted in a premier event. That was what he would do with the proposed event. He had a track record of not taking the sponsor's or city's money and putting it in his pocket, but of building events and creating value for the community and city. Council/Agency Member Horton questioned whether the spousors and amounts were disclosed. Mr. Murphy stated that was generally not done, but he would share everything on the budget. If the City wanted to say they would give him the money, and he give the City the budget after the event, have the City audit the budget and if they felt he had made a profit and wanted more of it back, he would be happy to do it that way. It was a first year event and was tough to put on. All the in-kind services were not reflected in the budget. The City c2-j;¿ Minutes March 15, 1994 Page 5 would be having over a $100,000 event in the first year for a $12,000 investment with $5,000 for a youth charity. SUBSTITUTE MOTION: (Fox) approve Option 1, in concept, with staff returning next week with the item. Mr. Murphy is to submit a working budget for Council/Agency review. Mayor/Chairman Nader questioned what was meant by a working budget. Council/Agency Member Fox stated he did not want an audited budget, but there were substantial deviations between the AI13 and the proposed budget, i.e. the sponsorships and the way they would be charging for children. He wanted those differences to be resolved. MOTION SECONDED: (Nader) Council/Member Rindone stated the merit of the event was not the issue. Staff was saying that other sponsors had not been solicited and the promoter was saying they had. He was not sure what the case was. He felt the Council/Agency had a responsibility to make sure they had gone the extra mile to obtain all outside sponsors to cover it. He was not expecting the promoter to take a loss but if they had not tried to obtain all the sponsors possible the Council/Agency had not done their homework. If they could not obtain other sponsors then the item should be brought back for consideration. Mayor/Chairman Nader stated the motion would include information on potential additional sponsorships. VOTE ON SUBSTITUTE MOTION: approved 4-1 with Rindone opposed. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS None Submitted. ORAL COMMUNICATIONS None ACTION ITEMS 6. AGENCY RESOLUTION 1392 APPROVING FIRST AMENDMENT TO THE AMENDED PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING CHAIRMAN TO EXECUTE SAME--Ou 7/23/93 the Agency approved the Amended Palomar Trolley Center Disposition and Development Agreement (DDA) for the development of an approximately 190,000 square foot high- volume retail center in two phases on 18 acres on Palomar Boulevard between Industrial Boulevard and Broadway. This First Amendment to the Amended DDA incorporates specific mutual efforts to provide a day care facility near the Center. The Amendment also clearly restates the understanding of the parties regarding extent of mutual exposure to potential litigation costs associated with condemnation suits and freezes the existing rate of City fees which will be applicable to Phase 2 of the project. Staff recommends approval of the resolution. (Community Development Director) Continued to the meeting of March 22, 1994. c2-j3 ----. Minutes March 15, 1994 Page 6 7.A COUNCIL RESOLUTION 17412 APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS--Several capital improvement projects are currently budgeted which require additional right-of-way for construction. To expedite the acquisition process, staff must first appraise the value of the property and proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year. Staff has evaluated the proposals for providing professional appraisal services and recommends Anderson & Brabant, Inc. to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) B. AGENCY RESOLUTION 1393 APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS Continued to the March 22, 1994 meeting. S.A COUNCIL RESOLUTION 17413 APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT-OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS--Several capital improvement projects are currently budgeted which will require additional right-of-way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewal clause for an additional year. Staff has evaluated the proposals and recommends Ryals & Associates to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) B. AGENCY RESOLUTION 1394 APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQillSITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OR IDS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT-OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS Continued to the March 22, 1994 meeting. ITEMS PULLED FROM THE CONSENT CALENDAR Item pulled: 5. The minutes will reflect the published agenda order. OTHER BUSINESS 9. DIRECTOR'S/CITY MANAGER'S REPORT - Continued to the March 22, 1994 meeting. 10. CHAIRMAN'S/MA YOR'S REPORT - Continued to the March 22, 1994 meeting. .:¿ -,2 f Minutes March 15, 1994 Page 7 11. MEMBERS/COUNCIL MEMBERS' COMMENTS - Continued to the March 22, 1994 meeting. ADJOURNMENT ADJOURNMENT AT 11:25 P.M. to the Regular Meeting of the Redevelopment Agency on Tuesday, AprilS, 1994 at 4:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ~\ ~. ~ -, ~"\4 ;-;;5 Thís 'page ínttntíonaIly left blank. :¿-;l& - - - -. MINUTES OF A JOINT MEETING OF THE REDEVELOPMENT AGENCY! CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, March 22, 1994 City Council Chambers 9:59 p.m. Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Members/Council Members Horton, Fox, Moore, Rindone, and Chairman/ Mayor Nader ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Beverly A. Authe1et, City Clerk 2. APPROVAL OF MINUTES: March I, 1994 CONSENT CALENDAR (Items pulled: 4 and 5) 3. WRITTEN COMMUNICATIONS: None Submitted. 4. AGENCY RESOLUTION 1390 ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR FY 1993- 94 AND APPROPRIATING FUNDS THEREFOR--The FY 1993-94 Redevelopment Agency Budget was reviewed as part of the City budget approval process. As the Redevelopment Agency is a separate legal entity, it is necessary to approve the budget separately as required by California Community Redevelopment Law. The formal Agency adoption of the budget had been delayed in order to determine the full impact of State budget resolutions and to complete the evaluation of staffmg needs for the Economic Development function in the Commuuity Development Department as directed by City Council during and subsequent to the City's budget review process. Staff recommends approval of the resolution. (Community Development Director) [4/5ths Vote Required] Continued from the March 15, 1994 meeting. Pulled from the Consent Calendar. Chris Salomone, Director of Community Development, informed the Council/Agency that it was the same budget as presented in July. It was now before the Council/Agency because over the last three years the State had used RDA funding sources to help balance the State budget and in each of those three years there had been perfunctory approval of the budget to trail until the impacts of the Stated budget were known. The other issue that caused the delay was direction by Council to look at economic development and return with that analysis. The budget was not a balanced budget, it had a clearly identified deficit. Staff hoped that with the termination of AB 1290 the revenues would continue to grow as they had in the past. It was considered a practice throughout the State to loan money to redevelopment agencies, they had to incur debt and file a statement of indebtedness in order to receive the property tax revenue. The money the Agency received was booked as loans and would be paid back with interest over the life of the five redevelopment areas. He felt it would be proved that the Agency had spent their money well. The Department had done a staff analysis and was asking for approval of an administrative secretary as they felt it would allow the department to fulfill the Council's/Agency's goals in economic development. They had also asked for the legislative offices to house the staff and possibly return in December to readdress the issue to make sure staff was meeting the goals as outlined by the Council/Agency. Chairman/Mayor Nader questioned why there was no funding included for the South County Economic Development Commissiou. Mr. Salomone responded it was a choice made during the budget analysis period last year. His recommendation to the City Manager had been that the South County EDC had been a valuable organization. For the first three years their funding had been represented as seed money and that they would become autonomous from the City and an end to City support. In light of the State budget constrictions they were a victim of that process. ,2-:11 _- Minutes March 22, 1994 Page 2 Chairman/Mayor Nader stated his recollection was different, i.e. that a decision would be put off on the South County EDC to see how it would fit into the overall budget, not that they had made a decision as a Council to not support them. He felt it was very important that the South County have an active and viable economic development commission. Due to the reduced budget he could see reduced support. but had a problem in not giving them any support. Another area of concern was the borrowing from the sewer fund. Because there was a General Fund reserve he felt it was more appropriate to borrow from there. If they were able to borrow from the sewer fund, which was based on sewer charges paid by the users, it suggested the City was over collecting on sewage and maybe should look at those rates. He questioned whether the addition of one clerical position would accomplish the Council's/Agency's goals for economic development. He recommended that the review be held in conjunction with the upcoming budget cycle rather than waiting for December while looking for other ways to increase the amount of staff commitment to economic development. Director/City Manager Goss stated there were obvious economic and space constraints, but often the clerical detail bogged down the professional staff and by adding that position it would be a real assist so the professional staff could focus on individual projects. It was felt the high priority economic development projects could be accomplished with the existing staff and the addition of the clerical position. Mr. Salomone responded that was correct. The recommendation came out of a very thorough analysis and was supported by the Economic Development Manager. The Community Development Department supported and reported to a number of committees/commissions and economic development reported to a number of committees/commissions and the clerical support was critical. Chairman/Mayor Nader stated he did not disagree with adding the clerical position, but the point was that more needed to be done if at all possible. One area to look at was that staff had a tendency to study some things more than needed. Agency/Council Member Moore stated he had attended many of the EDC meetings and felt they were one of the commissions that gained the City money rather than costing money. Chairman/Mayor Nader felt part of the issue was the priorities within the department and maybe a mission statement or policy direction was needed that would make it clear the top priority was the creation of good paying jobs for Chula Vistans. Director/City Manager Goss suggested the Council/Agency review those priorities as a supplemental budget memo during the budget process. He agreed there was a workload that needed to be prioritized. ChairmanlMayor Nader stated he would like to see some policy direction to the department, prior to the budget process, that would make it clear what the priorities were. There were a few positions within the department that had certain areas that related to economic well being that did not relate to job creation, i.e. the Housing Coordinator and CDBG; it was appropriate those people were working in those areas. For the staff that could be assigned to anything the Director decided to assign them to, it would be appropriate to adopt a Council policy or mission statement that made it clear that job generating activity was job one. Director/City Manager Goss responded there was a lot of work that was redevelopment, but that was really more in implementing part of the economic development plan. Agency/Council Member Moore felt the key priority was to make sure a CY A program was on-going on how the City spent the money and keep the legal function going. He felt that was the top priority, after that the top priority was economic development and good jobs. Chairman/Mayor Nader stated he did not disagree with Member Moore, the legal responsibilities had to be fulfilled. He was referring to the discretionary staff assignments versus those that were legally imposed. MS (NaderlHorton) to amend the budget to include support for the South County Economic Development Commission at the level of $7,500. Agency/Council Member Fox questioned if the intent of the motion was to increase the deficit by that amount. J-;Lg --_.- Minutes March 22, 1994 Page 3 Chairman/Mayor Nader responded that would be the result of the motion. It was only a deficit budget because the State took away the funds to run their programs. Agency/Council Member Rindone questioned whether the Town Manager was funded in the budget. Mr. Salomone responded that it was through half of the year and then there would be a separate A113 coming to the Agency to address the Town Manager situation. There was a carry-over amount from the previous year and a special funding had been done from the budget approximately two weeks ago to make them current. The budget before the Agency/Council had been approved in July and a number of things had been paid for out of the budget. Agency/Council Member Rindone questioued why the Council/Agency bad to approve the budget if staff bad been paying them anyway. Director/City Manager Goss responded Council/Agency adopted the budget as a Community Development Department and CIP program. The State law required that it also be adopted as an Agency by project areas. It was the same budget, but sliced differently. Agency/Council Member Rindone questioned if all of the others received their appropriation in a timely manner on July 1. Mr. Salomone responded that it was done. Agency/Council Member Moore stated the City was at the position to start looking at how much money was being put into other EDC's versus what was put into the City's economic efforts. It seemed to him the South County EDC and San Diego EDC should work toward a joint EDC with Chula Vista with donors representation on the advisory board. That would save the duplication of resources. Agency/Council Member Rindone stated he did not concur that the San Diego EDC would have the same thrust or interest the South County EDC would have. The motivation was for a specific targeted area and if combined he was not sure that would focus on South Couuty issues. Agency/Council Member Moore felt that being a member of the advisory board would give the weight needed. VOTE ON MOTION: approved unanimously. MS (Nader/Fox) to amend the budget to borrow from the General Fund reserve rather than the sewer account. Director/City Manager Goss stated either fund could be utilized. Staff was reluctant to utilize the General Fund was due to Council policy which had been to maintain services levels, avoid layoffs, and not touch the General Fund reserves as they provided a revenue stream from the interest to help support operations. There was not that much money in the General Fund reserves for the current fiscal year and next fiscal year. Staff felt the reserve for the current fiscal year was $7-$7.5 million. The Agency/Council would be looking at a similar situation next year which could put the reserves at approximately $1.6 million which would allow for very little flexibility. The sewer fund had more money because staff realized there were going to be very heavy duty payments in the future. It was a loan that would be paid back with interest for money that would be needed later on as the costs were identified for the system. The strategy on the sewer rates was to keep them lower than San Diego's, and average or below average witb other jurisdictions, and at the same time accumulate funding so that the rates would not have a real spike in rates in order to meet those big payments in the future. Agency/Council Member Rindone questioned if there was a legal risk by using the General Fund versus the sewer fund. Director/City Manager Goss responded the Couucil was in control of the appropriation of those funds. The City had not faced the "robbery" of funds from the State from the sewer fund as they had with the General Fund. The sewer fund was like an enterprise fund and did not have ties to the State. c2-.lQ -_. Minutes March 22, 1994 Page 4 Chairman/Mayor Nader stated if the City was so sure they could turn redevelopment around that the sewer fund would be paid back with interest, why were they not equally assured that the General Fund could not be paid back with interest. Director/City Manager Goss responded that it could be done. There was not as much money in the General Fund and the ability of the RDA to turn it around and pay it back would not occur in a short enough term to be able to save the General Fund. Agency/Council Member Fox stated due to the argument presented by the City Manager he could not support the motion. Chairman/Mayor Nader questioned how much money was in the sewer fund reserves. Director/City Manager Goss responded that the main fund had about $11 million and collectively it was approximately $15 - $20 million. Chairman/Mayor Nader stated if staff was not confident that redevelopment could not be turned around soon enough to repay whatever fund was borrowed, the Agency/Council needed to do one of two things, or maybe both, i.e. look for ways to reduce the overall budget or ways to shorten the turnaround time on redevelopment. Director/City Manager Goss responded that at the time the budget was presented it identified four options: 1) balance the budget by cutting back all the staff and community development activity in order to balance the Redevelopment Agency budget; 2) balance it by selling the Agency's assets; 3) stop redevelopment from reimbursing the General Fund for services; and 4) the Department and Agency continue their operations as they were. The fourth item was recommended as staff felt there would be positive things coming out of redevelopment. Staff was also looking at refunding the Agency bonds which would save several hundred thousand dollars per year. The Southwest Project Area was in the beginning mode, but it was so large that as it continued the tax increment should increase significantly. Basically, the recommendation in the budget was to use the loan money until the current economic recession was over and the Agency could get back on its financial feet. They would probably reach zero in the General Fund reserves in about two years and the Sewer Fund had more money and could cushion that. Chairman/Mayor Nader felt an on-going borrowing or deficit situation from either fund was not acceptable. He suggested that if more staff resources were put into following up on potential business leads and less into negotiating the bayfront development they could shorten the turn around time. SUBSTITUTE MOTION: (RindonelNader) to refer the hudget hack to staff to return in two weeks with a five and ten year perspective of resolution on how to address the issue to get hack to zero hudgeting. Chairman/Mayor Nader stated he preferred three weeks in order to give staff sufficient time to prepare the report. He could support a deficit budget if the deficit was for the purpose of an investment rather than simply spending the money and never seeing it again. Agency/Council Member Moore stated the City made money off redevelopment because redevelopment had to reimburse the City. Redevelopment only received a portion of the property tax, the City received all the sales tax. If the City did not gamble and stay in debt with redevelopment they would still have the same Third Avenue they had 20-30 years ago. A lot of redevelopment was not profit making, it improved the City's image and therefore, there were non-tangible results. He felt it more appropriate to have a motion that stated what the Agency/Council wanted in the 1994/95 budget. He did not feel it was as bad as it looked. The budget had already been approved and more than half of it already spent. Agency/Council Member Horton agreed with Member Moore's comments. If it was sent back to staff she did not feel the five and ten year forecast would change the end result for FY 1993/94. Therefore, she would vote against the motion. VOTE ON SUBSTITUTE MOTION: approved 3-2 with Horton and Moore opposed. ). ~ 3D --- Minutes March 22, 1994 Page 5 Director/City Manager Gnss stated there was an election on April 12th and it was their plan to have a short agenda. He questioned if it could be four weeks. Agreed to by the Maker and Second of the Motion. He felt the important thing was for staff to take the time and really present a well thought out plan and forecast. 5.A COUNCIL RESOLUTION 17411 APPROVING CITY SUPPORT FOR A BICYCLING EVENT ON JULY 10, 1994, AUTHORIZING A WAIVER OF FEES IN THE AMOUNT OF $3,000 FOR CITY-PROVIDED SERVICES, AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ELITE RACING, INC.--Elite Racing, a professional sports marketing and management company, has approached the City with a proposal to conduct a large-scale fundraising bicycling event entitled Tour de South County scheduled for 7/10/94. Elite Racing is requesting funding from the City in the amount of $15,000 and staff recommends an amount of $12,000 to help offset the costs of the event which are estimated to be $65,400. Staff recommends approval of the resolutions. (Director of Parks and Recreation) Pulled from the Consent Calendar. B. AGENCY RESOLUTION 1391 APPROVING AGENCY SUPPORT FOR A BICYCLING EVENT ON JULY 10, 1994, AND APPROPRIATING $12,000 IN FY 93/94 FROM REDEVELOPMENT AGENCY FUNDS TO OFFSET OPERATIONAL EVENT COSTS (4/5ths Vote Required] 8 Greg Cox, 3130 Bonita Road, Suite 200, Chula Vista, CA, representing Elite Racing, stated the title sponsor for the event would be Rancho del Rey and with that they were planning on having the event be the focus of their kick-off for Phase III of the project. They had committed an extraordinary amount of resources and would be providing shuttle buses for people. A commitment had been made so that every child under the age of ten that was registered for the event, accompanied by an adult, would ride free. That cost component had been inclnded in the revised budget. 8 Tim Murphy, 10509 Vista Sorrento Parkway, San Diego, CA, representing Elite Racing Inc., utilized overheads to review the proposed race. They were planning on printing 110,000 entry forms. Agency/Council Member Rindone stated the estimated ecouomic benefit to the North County was $600,000 and questioned what the estimate would be for the South County. Mr. Murphy estimated a minimum of $175,000. Agency/Council Member Rindone stated their concern at the previous meeting was in relation to the benefits of a for-profit versus a non-profit organization. It was a oue year contract and there were a number of benefits to the City. He recommended that prior to the renewal of the contract the Agency/Council revisit the program to ensure that there was a return to the City. He hoped that when the bicyclists finished the race there would be an opportunity to obtain feedback. Mr. Murphy stated that had not been planned, but felt they could do a survey as was done for the North County race and would do that for the City. RESOLUTIONS 17411 AND 1391 OFFERED BY AGENCY/COUNCIL MEMBER FOX, reading of the text was waived, passed and approved unanimously. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS None Submitted. 02-31 Minutes March 22, 1994 Page 6 ORAL COMMUNICATIONS None ACTION ITEMS 6. AGENCY RESOLUTION 1392 APPROVING FIRST AMENDMENT TO THE AMENDED PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT AND AUTHORIZING CHAIRMAN TO EXECUTE SAME--On 7/23/93 the Agency approved the Amended Palomar Trolley Center Disposition and Development Agreement (DDA) for the development of an approximately 190,000 square foot high- volume retail center in two phases on 18 acres on Palomar Boulevard between Industrial Boulevard and Broadway. This First Amendment to the Amended DDA incorporates specific mutual efforts to provide a day care facility near the Center. The Amendment also clearly restates the understanding of the parties regarding extent of mutual exposure to potential litigation costs associated with condemnation suits and freezes the existing rate of City fees which will be applicable to Phase 2 of the project. Staff recommends approval of the resolution. (Community Development Director) Continued from the meeting of March 15, 1994. Continued to the meeting of April 5, 1994. 7.A COUNCIL RESOLUTION 17412 APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS--Several capital improvement projects are currently budgeted which require additional right-of-way for construction. To expedite the acquisition process, staff must first appraise the value of the property and proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year. Staff has evaluated the proposals for providing professional appraisal services and recommends Anderson & Brabant, Inc. to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the March 15, 1994 meeting. Continued to the meeting of April 5, 1994. B. AGENCY RESOLUTION 1393 APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS 8.A COUNCIL RESOLUTION 17413 APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE CITY MANAGER OR IDS DESIGNEE TO SIGN THE ACQillSITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT-OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS--Several capital improvement projects are currently budgeted which will require additional right-of-way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewal clause for an additional year. Staff has evaluated the proposals and recommends Ryals & Associates to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) Continued from the March 15, 1994 meeting. Continued to the meeting of AprilS, 1994. B. AGENCY RESOLUTION 1394 APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT-OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS ~ ~ 3.2-, Minutes March 22, 1994 Page 7 ITEMS PULLED FROM THE CONSENT CALENDAR Items pulled: 4 and 5. The minutes will reflect the published agenda order. OTHER BUSINESS 9. DIRECTOR'S/CITY MANAGER'S REPORT 10. CHAIRMAN'S/MAYOR'S REPORT 11. MEMBERS/COUNCIL MEMBERS' COMMENTS ADJOURNMENT ADJOURNMENT AT 11:15 P.M. to the Regular Meeting of the Redevelopment Agency on Tuesday, AprilS, 1994 at 4:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: J- j3 Thís yage íntentíonaIly left blank. ;2-31 JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item LId., b Meeting Date 04/05/94 ITEM TITLE: [A] Agency RESOLUTION /3'15 Approving Advance Assistance and Moving Expense relocation claims in the amount of $9,850 pursuant to the adopted Relocation Plan for the rental unit households located at 459 F Street within the Town Centre II Redevelopment Project Area; [and] [B] Council RESOLUTION 11 t.f 31.0 Authorizing the expenditure of $9,850 from the Civic Center Expansion Project (#GG-130) CIP for the payment of Advance Assistance and Moving Expense relocation payments to the rental unit households located at 459 F Street SUBMITTED BY: Community Development Q4'ector [~\ ~~. REVIEWED BY: Executive Directoù~ D(I '1:~'; \ (4/5ths Vote: Yes - No.x) BACKGROUND: The City of Chula Vista and the Chula Vista Redevelopment Agency recently purchased the property at 459 F Street as part of the adopted Chula Vista Master Plan Expansion Project. The property contains one (I) single family residence fronting "F" Street, and five (5) rental units on the balance of the .52 acre parcel. In order to utilize the property, five (5) rental households need to be relocated pursuant to the previously adopted Relocation Plan. The California Relocation Assistance Act (Government Code Section 7260, et. seq.) mandates the payment of relocation benefits to persons and businesses displaced by actions taken by a public entity. RECOMMENDATION: It is recommended that 1) the Redevelopment Agency adopt the resolution which approves the Advance Assistance claims to the five eligible households located at 459 F Street pursuant to the adopted Relocation Plan, and 2) that the City Council adopt the resolution which authorizes the expenditure of $9,850 from the Civic Center Expansion Project (#GG 130) for payment of the Agency approved Advance Assistance relocation payments which are mandated by State law. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: The Relocation Plan was adopted for this project on October 19, 1993. Affected residences are entitled to receive Advance Assistance, Residential Moving Expenses, Rental Assistance, and if applicable, Last Resort Housing payments. The spirit of the law is to provide enough funds to the displacee up-front in order to afford the initial cost of the move such as moving expenses, security deposit, and first month's rent; and then pay Rental Assistance (up to a maximum of $5,250) and any Last Resort Housing payments that may be q-I Page 2, Item 1iÞ/ h Meeting Date 04/05/94 necessary in order for the displacee to be made "whole". The Rental Assistance payment is determined by taking the "monthly housing need" and multiplying it by 48 (48 months). The amount, if any, above the maximum of $5,250 is considered the Last Resort Housing payment. The Rental Assistance and Last Resort Housing claims will be filed after the tenants have moved. Attached as Exhibit A are the claims for Advance Assistance payments for all five (5) households, and additional Residential Moving Expense claims for three (3) of the five (5) households as follows: Name Pavment Tvpe Amount Delia Hernandez Advance Assistance $1,500 Lourdes Ojeda Moving Expense 1.250 Total $2,750 Mary Mancini Advance Assistance $1,500 Apartment B * Marco and Cecelia Gonzalez Advance Assistance $1,500 Apartment C Moving Expense 1.050 Total $2,550 Jeanette O'Toole Carolyn Petronella Advance Assistance $1,500 Apartment D * Josefa Perez Advance Assistance $1,500 Apartment E Moving Expense 1050 Total $2,550 Total - All Claims $9,850 * It should be noted that the claims for Mary Mancini and Jeanette O'Toole do not include moving expense claims. These tenants cannot move on their own and have therefore, elected to be moved professionally. Their actual costs are to be reimbursed by the Agency at a later date. Staff anticipates that the tenants will vacate the premises within the next ninety (90) days. The former property owners have a six (6) month lease, effective from March 1, 1994, however, it is doubtful that they will stay for the duration of the lease. FISCAL IMPACT: As part of the Purchase and Sale Agreement approved for the property, the Council authorized the encumbrance of $910,500 from CIP Account #GG-130 to purchase the property (including escrow costs and interest payments on the note) and relocate the tenants. The adoption of this resolution will not result in any additional fiscal impact since the funds have already been encumbered. Additionally, as part of the Relocation Plan adopted for the project, it was estimated that the relocation costs would be $73,500. C:\WP5 t \HA YNESIREPORTS\459ADVNI. t 13 Lj-:,L- PACIFIC RELOCATION CONSULTANTS. LEITER OF TRANSMI'ITAL Date: March 16, 1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist Long Beach, California 90802 City of Chula Vista Phone: (310) 590-8564 276 Fourth Avenue Fax: (310) 495-0889 Chula Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: ez &. Lourdes O"eda Address: 4 0 File # or Project: 459-001 ATTACHED ARE DOCUMENTS TO SUPPORT THE FOLLOWING PAYMENT REQUEST(S): x Advance Assistance x Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing Fixtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Delia Hernandez &. Lourdes Ojeda I $ 2,750.00 I Your prompt attention in this matter is appreciated. Sincerely, y'I'( ~ Ie.. " I ~ Mary K O'Toole '-I~3 Pacific Relocation Consultants ---., Thís yage íntentíonaIly left blank. tJ-L/- Serial' 014938 Claim for Rental or Downpayment Assistance Pa FOR AGENCY USE ONLY ,,',," " " Name 01 Agency Ptajeol Name 0' Number ChuIaWista 'Redevel en , 'L'Civic Center ion PRIVACY ACT NOTICE: You are esked to provide this Infom1etion In order to determine whether you are eligible to receive e renteI or downpayment assistance payment. You are not required by lew to fumlsh this Information, but n you do not provide It, you may not receive this payment or tt may take longer to pay you. This I_on Is being colleoled under the authority 01 the Cellfomia Relocation Assistance Act (Government Code SectIon 7260. et.seq.). INSTRUCTIONS: This claim tonn Is lor the use of families and IndMduais applying lor 0 rontal Of downpoyment assistance paymOflt. A representative of tho displacing Agoncy wIll help you complete the foRo and Intonn you of tho inlonnatlon that you must provide In support of this claim. R the full amount of your claim Is notapprovad, the Agencywfll provide you with a written explanetlon 01 tho reason. R you are not satisfied with the Agency's datennlnatlon, you may appeal that detenninatioo. The Agency will explain how to make an appeal. ,. Your Name(s) (You are Ihe Claimant(s)) 1a. Present Mailing Address(es) of Claimanl(s) 1b, Telephone Number(s) DeliA, Hernandez&.Lourdes Ojeda 459 npn Street (619) 427-8195 Chula Vista, CA 91910 2. Have all members of the household moved to the same dwelling? ~ YES - NO (If 'NO'. list the names of all members and Ihe addresses to which they moved in the Remarks Section,) Dwelling Address When Did You Rent When Did You Move When Did You Move This Unit? To This Unit? Out of This Unit? 3. UnitThal 459 npn Street 1-01-85 To Follow You Moved From Chula Vista, CA 91910 4. Unit That To Follow You Moved To 5. Computation of: X Rental Assistance Payment. Downpayment Assistance Payment INSTRUCTIONS: Complete Items t2 and 13 on the reverse side ofthe form before TO BE COMPLETED BY CLAiMANT FOR AGENCY USE completing this section. The displacing agency representative will help you, (1) Monthly Housing Cost for Replacement Dwelling Unit to which you moved $ $ (From line (3). Column (c). Item 12) (2) (~~0r;:,h~n~0~):n80?c?~~IMSfe~~~~ ~:~;:,~~:r.~n~~~g~~~) $ (3) i~h~I~~~ f~fr 'õ~~~~a';m~~r À~sistance. enter amount from Line (2).) $ i4) (~;;r;:,h~n~0~):n80?~~~f'ì~)?~:~~~~nit from which you were displaced $ (5) Claimant's Ability,To.Pay (From Line (3). Coiumn (a). Item 13) $ (6) Enter the Lesser of Line (4) or (5) $ (7) Monlhly Need (Line i3) minus Line i6)) $ (8) Amounl from Line (7) Mulliplied by 48 $ (9) i~~t~~~~~~tn~ Ern~(~ng~$~~~Ò~~i~~~~~~~~ii~r.~S) $ (10) Amount of Advance Payment. if any $ (11) Amount Requested (Line (9) minus Line (10)) $ 6. Certification by Clalmant(s) I CERTIFY that this claim and supporting Infonnation are true and complete, that I have not submitted any other claim lor the expanses listed and that I have not been paid for the expenses by any otheroourca. ¡ask that ¡ be paid tho amount on Line (ff) ofltom (5) In: ~ one lump-sum _Installments (as specified In tho Remart<s Sectloo). My decision to rent or buy a dwelling was based on a full explanation by the displacing agency representative of the difference between tho types of payments avellable (Rental Assistance or Downpayment Assistance). Signatureis) of.(:laimant(s) Date X / X 3 - F- '1-;/ roBE MP BY AGENCY 7. Effective Date of Eligibility 8. Date Replacement Dwelling Inspected For Relocation Assistance and Found Decent, Safe and Sanitary 9. Payment To Be Made In: ----1L- Lump Sum - Monthly Installments - Other (Specify in Remarks ~on) Payment Action Amount of Payment Name (Type or Print) Dale 10. Recommended $1,500.00 Mary K. O'TOOle/PRe 11. Approved Pacific Relocation Consultants 'RC"., Page 1 012 tf-5 -- - '- ' 12. DETERMINATION OF CLAIMANrS MONTHLY HOUSING COST (MHC) MONTHLY INSTRUCTIONS: The term 'Monthly Housing Cost' Meons MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING the averegel11O<1thly coat for rent end utility charges. FOR DWEWNG FROM FOR REPLACEMENT COST FOR Utility charges Include reasonable costs to provide heat, WHICH YOU WERE DWELLING TO WHICH COMPARABLE hot water, lighting, water and aawer, end trash removal. DISPLACED YOU MOVED REPLACEMENT A person'sl11O<1thly housing cost for a replacement dwelling DWEWNG shall Include one-twelfth 01 the estimated reasonable FOR AGENCY FOR AGENCY 0 BE PROVIDE! yearly coat for utility charges. CLAIMANT USE ONLY ClAIMANT USE ONLY BY AGENCY (a) , , (b) (0) (d) (e) (1) Contract Rent $ $ $ $ $ (2) Average Monthly UW;tl?S Not Included in Contract Rent """..-' "<',,~40,',' (List each item below (e.g. gas. electricity. oil. water) and list amounts in columns (a) and (c)) (3) Total Monlhly Housing Cost $ $ $ $ $ (Sum of Line (I) plus all entries in line (2)) 13. DETERMINATION OF ClAIMANrS ABILITY-TO-PAY (1) Gross Montly Income of All Adutt Members (1Byears or older) of Household FOR AGENCY (List names below and 1151 amounts In Column (a)) ClAIMANT USE ONLY (a) (b) (2) Total Gross Monthly Income (Sum ot entries In Line (1)) $ $ (3) Claimant's Abllity-To.Pay Monthly Housing Cost (Amount on Line (2) x 25% (0.25)) $ $ 14. COMPARABLE REPLACEMENT DWELLING 15. REMARKS Pacific Relocation Consultants ,"co,"", Page 2 of2 ~-{ÍJ -- -, Serial t 014939 Claim for Moving and Related Expenses Families and Individuals (State) ACT NOTICE: You are asked 10 provid nnation in orde, to detennine assislanes payment. You .,e not '"'Iu"ed by law to lumlsh this inlonnation, but if you do not p,ovide it. you may not <aceive this paymant m it may lake longe, to pay you. This inlonnation is being collected unda' Ihe authonfy of the Califomia Relocation Assislance Act (Govemmenl Code Section 7260, et. seq.) INSTRUCTIONS: This daim fonn is 10' the use of lamilies and individuals applying 10' a paymenl of moving and related expenses. You may apply 10' eilhe, (1) a lixed allowance, 0' (2) an amount 10 cove, the actual moving and related expenses incwed, as descnbed on page 2 01 this fonn. A claim 10' actual expenses must be supported by ,eceipts or other evidence. A rep,esenlative 01 the displacing Agency will explain the diffe,ence between the two types of payments and will help you complete the loon. If the lull amounl of your claim is nol approved, Ihe Agency will provida you with a written explar1ation of Ihe reason. if you are nnt satisfied with the Agency's delennination, you may appeal that datennination. The Agency will explain how 10 make an appeal. 1. Your Name(s) (You a,e the Claimant(s)) la. P'esenl Mailing Add,ess(es) of Claimant(s) lb. Telaphone Numbe'(s) Delia Hernandez « Lourdes Ojeda 459 nFn Street (619) 427-8195 Chula Vista, CA 91910 2. Have all membe,. 01 the household moved 10 the same dwelling? ~YES _NO (if 'NO'. list the names of all members and the addresses 10 which Ihey moved in the Remanœ Section.) Dwefllng Address How Many Rooms Was if Fumlshed WIth When Did You Move DId You Occupy? . You, Own Fumlfure7 To ThIa Unit? 3. Unit ThaI 459 nFn Street 6 ...!... YES _NO 1-01-85 Ynu Moved From Chula Vista, CA 91910 4. UnitThat To Follow . Excluding bathrooms. hallways and closets. To Follow You Moved To 5. Is This a Final Claim: -1L YES NO (if 'NO', Explain in Remanœ Section) Final Moy' Claim 6. Computation of Payment (Complete lfern 6a 0< 6b) Item (1) Moving Cost (2) T,ansportation Cost - Families and Individuals (3) Cost 01 Insu,ance Cove,ing Move andlm Storage (4) Sto,age Cosl (Complete Item 10 on page 2) (5) Other (Explain in Remanœ Section) (6) Tolal Amounl of Claim (Consult Agency lor amount 01 lixed allowance) (7) Amount P,eviously Paid (if any) $ -0- $ (8) Amount Requasted (Line (6) minus Line (7)) $ 1 250.00 $ 7. Cettlf1catlon by Claimant(a) WARNING: if you knowingly 0< datlbaretely make Ia1ae atetementB on thIa Ionn, you may ba sublect to civil 0' atminal ~ under SectIon 1001 of 1ltIe 16 of the United Statea Goœ. In addition you may not recatw any of the amounts claimed on this Ionn. I CERTIFY thaI this claim and aupportlng Infonnatlon are tnJe and complete, that I have not aubmitted any other claim 10< the - llatad and thaI I have not baan paid 10< tha axpenaea by any other OOU!'co. I ask that the amount on Une (6) of Item (6) ba paid directly to: -1L. ME, 0< - TIiE CONTRACTOR(S) (as spacttlad In the Remartœ SectIon). My choice of Ilxed payrnen In 6a 0< 8dual moving axpenaea In 6b was baaed on the expIenation by the -ncy representative of tha dlffarenc8 between these types of payments. Signalu,a(s) 01 Claimant(s) Date PAc""" Page 1 012 - , . 10. Supporting Data for Storage Costa (Describe Property stored In Romar1œ Section or attach list). Is This a Final Claim For Storage?: YES NO Computation of Storage Costa Dato Moved to Storage Date Moved From Storage Item Amount Name and Add",ss of Storage Company Monthly Rete tor Storage Number ot Months in Storage Total Storage Costs (Enter nn Line (4) of item 6b) Amount P",viously Received (Include This Amount in Line (7) of Item 6b) Should Payment be Made Directly to Storage Company?: YES NO REMARKS (Attach _1tIonal8haata. n necessary): MOVING AND RELATED EXPENSES WHICH ARE PAID FOR: MOVING AND RELATED EXPENSES WHICH ARE NOT PAID FOR: t. Transportation of individuals, families and personal property from the displacamant site to tho replacement sileo Transportation cests for a distance beyond 50 miles are not eligible. t. Cost of moving any building or other real property unless the Agency dete""ines that ",location beyond 50 miles is justified. in which the displaced person reseIVed ownership. 2. Packing, crating, uncrating and unpacking of personal property. 2. Interesl on a loan to cever moving expenses. 3. Necessary charges for the removal and hookup of appliances, equipment and other items, 3. Personal Injury. nnt acquired as real property. 4. Any legal fee or nthor cest for preparing tho claim 4. Storage of the personal property, as dete""ined necessary by the Agency. for moving and related expenses or for representing the claimant before the Agency. 5. Insurance of the personal property in connection with the move and necessary storage. Pacific Relocation Consultants tj~; PAC",.." Page 2 of 2 I , PACIFIC RELOCATION CONSULTANTS. LE'ITER OF TRANSMITTAL Date: February 25, 1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist Long Beach, California 90802 City of Chula Vista Phone: (310) 590-8564 276 Fourth Avenue Fax: (310) 495-0889 Chula Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: Marv Mancini Address: 459 nFn Street #8 Chula VistA- CA 91910 File # or Project: Civic Center F.xnansion / 459-002 ATTACHED ARE DOCUMENTS TO SUPPORT THE FOllOWING PAYMENT REQUEST(S): X Advance Assistance Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing Fixtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Mary Mancini I $ 1,500.00 I Your prompt attention in this matter is appreciated. Sincerely, ~ """¡ k , <:)' iTI....-/~ Mary K O'Toole 1-9 Pacific Relocation Consultants Thli ¡age íntentíonaI1y left blank. ;j - /° Serial' 014940 Claim for Rental or Downpayment Assistance Payment FORAGENCYUSEONLY '<1'+'+1'0 NameofAgenéý .', Project Nome or NurnOer ChuIa.Nista Redevêl Inent A enc 0 Civic Center ion PRIVACY ACT NOTICE: You ere asked to provide thislnforrnation In order to determine whether you ere eligible to receive a rental or downpayment assistance payrnant. Vou are not required by law to fumish this Inforrnatinn, but W you do not provida n, you may not receive this paymant or n may taka longer to pay you. This Information Is baing collectad undar tho authority of tho California Ralocatlon Assistance Act (G0V9mrnent Code Section 7260, et.seq.). INSTRUCTIONS: This claim form is for the use of families and Individuals applying for a rental or downpaymem assistance paymem. A re".....ntative of the displadng Agancy w;¡¡ halp you complera tha form and inform you of the information that you must provfde in support of this claim. Wthe lull amount of your claim Is not approved, theAgancy will provide you with a written explanatIon of the reason. II you ere not satisfied with the Agency's determination, you may appeal that determination. Tha Agancy will explain how to make an appear. '0 Your Name(s) (You are the Claimani(s)) lao Present Mailing Address(es) of Claimant Is) 1 bo Telephone Number(s) Mary Mancini 459 "Fn Street IB (619) 420~858 ChuIa. Vista, CA 91910 2. Have all members of the household moved to the same dwelling? ---L YES - NO (II 'NO". list the names of all members and the addresses to which they moved in the Remarks Section.) Dwelling Address When Did You Rent When Did You M0V9 When Old Vou Move This Unll? To This Unit? Out of This Unit? 3. UnitThat 459 nFn Street IB 1-01-85 To Follow You Moved From Chula Vista, CA 91910 40 Unit That To Follow You Moved To 5. Computation of: X Rental Assistance Payment, Oownpayment Assistance Payment INSTRUCTIONS: Complete items 12 and 13 on the reverse side of the form before TO BE COMPLETED BY CLAIMANT FOR AGENCY USE completing this sectiono The displacing agency representative will help youo (1) Monthly Housing Cost for Replacement Dwelling Unit to which you moved $ $ (From line (3). Column (c). item 12) (2) (~~On~h~n~0~i:"80?~~~\~.~:'.'::F,~~~ ~~~o"v~;re~n~~Ã~~~gy) $ (3) (~h~I~~~ f~fr ~~~~~a~';~~~ À~sistance. enter amount from Une 12)0) $ (4) 1~~on~h~n~0¡'3tn80?~~~f(~)~~:~~g2~nit from which you were displaced $ (5) Claimant's AbilityoTooPay (From Une (3). Column (a). item 13) $ (6) Enter the Lesser of Une (4) or (5) $ (7) Monthly Need (Une (3) minus Une (6)) $ (8) Amount from Une (7) Muitiplied by 46 $ (g) tnt~~~~~~~,"~~ Ern~(~ng~$~~~ò~t~i~~~~~~~~ii~~dSS) $ (10) Amount of Advance Payment. if any $ 1 500.00 $ 111) Amount Requested (Une 19) minus Une (10)) $ 1 500.00 $ B. Cartlflcatlon by Clalmant(s) I CERTIFY that this claim and supporting InformatlOfl are trua and complete, that I have not submitted any othar claim for the axpensas listed and that I have not bean paid for the axpenses by any other source. I ask that I ba paid the amount on Une (11) of Item (5) In: ~ one lump-sum - instaliments (àS S~d in the Ramar1<s Section). My decision to rant or buy a dwelling was based on a fullaxplanation by the displacing agancy re- of the dilfarence between tho types of payments available (Rental Assistance or Oownpayment Assistance). X Signature Is) of Claimant Is) )J Date f~. X ;)-4- /f f TO BE COMPlETED BY AGENCY 7. Effective Date of Eligibility 8. Date Replacement Dwelling Inspected For Relocation A9sistance and Found Decent, Safe and Sanitary 9. Payment To Be Made In: ~Lump Sum - Monthly Installments - Other (Specify In flemarks SectiOn) Payment Action Amount of Payment Name (Type ól'Prlnt) Data 10.Recommended $1,500.00 ""'- Mary K. O'Toole/PRe 9-01-93 11. Approved Pacific Relocation Consultants PRC"" Page 1 of 2 1- - II , 12. DETERMINATION OF CLAIMANTS MONTHLY HOUSING COST (MHC) MONTHLY INSTRUCTIONS: The term 'Monthly Housing Ccst' Means MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING the a_a monthly cost for rent and utility charges. FOR DWELLING FROM FOR REPLACEMENT COST FOR Utility chargaslncIuda raasonabla costs to provlda hoat, WHICH YOU WERE DWEWNG TO WHICH COMPARABLE hot water, lighting, water and sower, and trash removal. DISPLACED YOU MOVED REPLACEMENT A po"",n's monthly housing cost tor a replacement dwelling DWEWNG shallincluda one-twaifth of the astimatod reasonabla FOR AGENCY FOR AGENCY ro BE PROVIDE! yaarIy cost for utility margas. ClAIMANT USE ONLY ClAIMANT USE ONLY BY AGENCY (a) (b) (c) (d) (aJ (1) Contract Rent $ $ $ $ $ .. (2) Average Monthly Utilities Not Included in Contract Rent. (Ust each item below (e.g. gas. electricity. oil. water) and list amounts in columns (a) and (c») (3) Total Monthly Housing Cost $ $ $ $ $ (Sum ofUne (1) plus all entries in line (2) 13. DETERMINATION OF CLAIMANTS ABIUlY-TO-PAY (1) Gross Montly Income 01 All Adult Members (18 years or older) of Household FOR AGENCY (Ust names below and list amounts in Column (a») CLAIMANT USE ONLY (a) (b) (2) Total Gross Monthly Income (Sum of entries in Une (1») $ $ (3) Claimant's Abillty-To.Pay Monthly Houaing Cost (Amount on Une (2) x 25% (0.25)) $ $ 14. COMPARABLE REPLACEMENT DWELLING 15. REMARKS Pacific Relocation Consultants eec"., Page 2 of 2 '-/-I;¿' " PACIFIC RELOCATION CONSULTANTS. LETrER OF TRANSMI'ITAL Date: February 25,1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist Long Beach, California 90802 City of Chula Vista Phone: (310) 590-8564 276 Fourth Avenue Fax: (310) 495-0889 Chura Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: Marco « Cecelia Gonzalez Address: 459 "F" Street IC ChuIa Vista. CA 91910 File # or Project: Civic Center ExnanSion I 459-003 ATTACHED ARE DOCUMENTS TO SUPPORT THE FOLLOWING PAYMENT REQUEST(S): X- Advance Assistance X Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing Fixtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Marco « Cecelia Gonzalez I $ 2,550.00 I Your prompt attention in this matter is appreciated. Sincerely, ~ ""'4 Ie. 0' 11T'~ Mary K O'Toole 1-/3 Pacific Relocation Consultants -.- This 'page íntentíonaI1y left blank. 1~/tf Serial' 014941 Claim for Rental or Downpayment Assistance Payment FORAGENCYUSEONLY', " t,':,' " N_ofAge~,),), ,,),\,,/',:"/:'::, ProlOd Namo or Number Case Number i. C h uIa. ,V ,lStaR edeve1op m en t Agency ¡Civic Center Expansion ,. 459,,003 PRIVACY ACT NOTICE: You are asked to provide this Infonnation In order to determine whether you are eligible to receive e rental or downpayment asslstonce payment. You ere not required by law to furnish this information, but II you do not provide It, you may not receive this paymont or tt may lake longer to pay you. This Information Is being collected undorthe authority of the California Relocation Assistance Act (Government Code Section 7260. ot.seq.). INSTRUCTIONS: This claim form Is for the use of families and Individuals applying for a rental or downpayment assistance payment. A "'p-.- of the ";.placlng Agancyw;U help you complete the form end Inform you of the Information that you must provide In support of this claim. If the full amount of your claim is not approved, the Agency will provide you with a written explanation of the reason. "you are not satisfied with the Agency's doterminatlon, you mey appsaJ that dotermlnatJon. The Agency will explain how to make en appsaJ. 1. Your Name(s) (You are the Claimant(s) la. Present Mailing Address(es) ot Claimant(s) Ib, Telephone Number(s) Marco and Cecelia Gonzalez 495 "F" Street IC (619) 425-3456 ChuIa Vis CA 91910 2. Have all members of the household moved to the same dwelHng? --1L- YES - NO (II "NO', list the names of all members and the addreases to which they moved in the Remarks Section) Dweiling Address When Did You Rent When Did You Move When Did You Move This Unit? To This Unll? Out of This Unit? 3. Unit That 459 "F" Street IC 10,,01-91 To Follow You Moved From ChuIa Vista, CA 91910 4, Unil That To Follow You Moved To 5. Computation at. X Rental Assistance Payment. Downpayment Assistance Payment INSTRUCTIONS: Complete Items 12 and 13 on the reverse side of the form before TO BE COMPLETED BY CLAIMANT FOR AGENCY USE completing this section, The displacing agency representative w;U help you, (1) Monthly Housing Cost for Replacement Dwelling Unll to which you moved $ $ (From line (3). Column (c). Item 12) (2) (~~on~h~n~0(~):n80?~~~\~S;'.r;;.o~~a~~ ~:~~c;,d.~n~~A;~~~) $ (3) ~hðl~~~~ f~r~~';,,~~a';~~~~ Z'sistance. enter amountfrom Line (2),) $ (4) (~~On~h~n~O~):n&,?~~~f'ì~)~~:~~~~nit from which you were displaced $ (5) Claimant's Ability-To-Pay (From Line (3). Column (a). Item 13) $ (6) Enter the Lesser of Line (4) or (5) $ (7) Monthly Need (Line (3) minus Line (6)) $ (6) Amount from Line (7) Mulliplied by 46 $ (9) ~~t~~~~~~~,"~ ~rn~'ì~ng~~~~~Ò:ó'o~i~~~~~:~~ii~re~S) $ (10) Amount of Advance Payment. if any $ (tl) Amount Requested (Line (9) minus Line (10) $ 6. Cart1ficatlon by Clalmant(s) I CERTIFY that this claim and supporting Information are true and complete, that I heve not submitted any othOf claim for the expenses listed and that I have not been paid for the expenses by any other source. I ask that I be paid the amount on Lina (II) of lIem (5) In: ..L ana lump-sum - Installments (as specified In the Rem8l1<s Section). My deolsion to rent or buy a dwelling was basad on efull explanation by the dlspleolng agency represantatlve of the difference batwean the types of paymenta avellable (Rental Assistance or Downpayment Assistonce). Signature(s f CI 'mantis) Date X 0),' ;). c.¡ , 8. Date Replacement Dwelling Inspected and Found Decent, Safe and Sanitary ------- Monthly Installments - Other (Specify in Remarks Section) SIgnature Name (Type or Print) Date k.oJ~ MaryK. O'Toole/PRe 9-01-93 Pacific Relocation Consultants f -/.5 "ccv~ Page 1 of 2 '. 12. DETERMINATION OF CLAIMANTS MONTHLY HOUSING COST (MHC) " MONTHLY INSTRUCTIONS: The term 'Monthly Housing Cost" Meons MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING the averege monthly ccst for rent and utility cherges. FOR DWEWNG FROM FOR REPLACEMENT COST FOR lItillty cI1erges Include reasonable costs to provida heat, WHICH YOU WERE DWElliNG TO WHICH COMPARABLE hot water, lighting, wator and sewer, and trash removal. DISPLACED YOU MOVED REPLACEMENT A person's monthly housing cost lor a replecement dwelling DWEWNG shall Include one-twelfth of tho astimated reasonable FOR AGENCY FOR AGENCY ¡roBEPROVlDE[ yearly ccst for utility c/1arges. ClAIMANT USE ONLY ClAIMANT USE ONLY BY AGENCY (a) (b) (e) (d) (a) , (1) Contracl Rent $ $ $ $ $ '" , (2) Average Monthly Ulililies Not Included in Contract Rent (Lisl each item below (e,g, gas. electricity. oil. waler) and list amounts in columns (a) and (c)) (3) Total Monthly Housing Cost $ $ $ $ $ (Sum of Line (1) plus ell entries in line (2)) 13. DETERMINATION OF CLAIMANTS ABILITY-TD-PAY (1) Gross Montly Income of All Adult Members (18 years or older) of Houaehold FOR AGENCY (LiSI names below and list amounls in Column (a)) CLAIMANT USE ONLY (a) (b) (2) Total Gross Monthly Income (Sum of entries in Line (1)) $ $ (3) Claimant's Ability-To-Pay Monthly Housing Cost (Amounl on Line (2) x 25% (0,25)) $ $ 14. COMPARABLE REPLACEMENT DWELLING 15. REMARKS Pacific Relocation Consultants 1- -fto RRemroo Page 2 of 2 --- Serial' 014942 . Claim for Moving and Related Expenses Families and Individuals (State) , You are asked to provide this infoonation in 0 r to deteonine whether you are eligibie to receive a rental or downpayment assistance payment. You are not required by law to fumish this infoonation. but if you do not provide if. you may not receive this payment or it may take longer to pay you. This infoonation is being collected under the authority of the Califomia Relocation Assistance Act (Govemment Code Section 7260. et. seq.) INSTRUCTIONS, This claim fOOD is for the use of families and individuals applying for a payment of moving and reiated expenses. You may apply for either (1) a fixed allowance. or (2) an amount to cover the actual moving and reiated expenses incurred, as described on page 2 of this fOOD. A claim for actual expenses must be supported by receipts or nther evidence. A representative of the displacing Agency will explain the difference between the two types of payments and will help you complete the fOOD. If the full amount of your claim is not approved, the Agency will provide you with a written explanation of the reason. If you are not satisfied with the Agency's deteonination. you may appear that deteonination. The Agency will explain how to make an appeal. ,. Your Name(s) (You are the Claimant(s)) la. Present Mailing Address(es) of Claimant(s) lb. Terephone Numbe~s) Marco and Cecelia Gonzalez (619) 425-3456 2. Have all members of the household moved to the same dwelling? (if "NO'. list the names of all members and the addresses to which they moved in the Remarks Section.) Dwelling Add..... How Many Rooms Was if Fumlahed With When Did You MIMI Did You Occupy?' Your Own Fumlture? To This Unit? 3. Unit That 459 npn Street IC 5 ~YES _NO 10-01-91 You Moved From Chula Vista, CA 91910 4. Unit That To Follow . Excluding bathrooms. hallways and closets. You Moved To 5. Is This a Final Claim, YES ....x..... NO (If 'NO", Explain in Remarks Section) Final Mo" m 6. Computation of Payment (Complete Item 6a or 6b) Item (1) Moving Cost (2) Transportation Cost - Families and Individuals (3) Cost of Insurance Covering Move and/or Storage t (4) Storage Cost (Complete Item 10 on page 2) (5) Other (Explain In Remarks Section) (6) Total Amount of Claim (Consult Agency for amount of fixed allowance) $ (7) Amount Previously Paid (If any) $ -0- $ $ 1050.00 $ PR""., Page 1 of 2 , 10. Sup )Olting Data for Storage Cœ1a (Dascrlbe Property stored In Remartao SectIon or attach l\at). , Is This a Final Claim For Storage?: YES NO ComputaUon of Sto!age Cœ1a Oate Moved to Storaga Date Moved From Storage Item Amount Name and Address of Storage Company Monthly Rate for Storage Number of Mnnths in Storage Total Storage Costs (Enteron Line (4) of item 6b) Amount Previously Received (Include This Amount in Line (7) of Item 6b) Should Payment be Made Direcliy to Storage Company?: YES NO REMARKS (Attach addittonaJ sheets, ff necessary): ) MOVING AND RELATED EXPENSES WHICH ARE PAID FOR: MOVING AND RELATED EXPENSES WHICH ARE NOT PAID FOR: ,. Transportation of individuals, families and personal property from the displacement site to the replacement site. Tr8Ilsportation costs for a distance beyond 50 mites are not eligible. 1. Cost of moving any buitding or other real property unless the Agency determines that relocation beyond 50 mites is justified. in which the displaced person reselVed ownership. 2. Packing, crating. uncrating and unpacking of personal property. 2. Interest on a loan to cover moving expenses. 3. Necessary charges for the removal and hookup of appliances. equipment and other items. 3. Personal injury. not accuired as real property. 4. Any legal fee or other cost for preparing the ciaim 4. Storage of the personal property. as deteonined necessary by the Agency. for moving and related expenses or for representing the claimant before the Agency. 5. Insurance of the personal property in connection with the move and necessary storage. Pacific Relocation Consultants 1--/; PAC"'" Page 2 of 2 ,. PACIFIC RELOCATION CONSULTANTS. LETrER OF TRANSMI'ITAL Date: Februarv 25. 1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist long Beach, California 90802 City of Chula Vista Phone: (310) 590-8564 276 Fourth Avenue Fax: (310) 495-0889 Chura Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: Jeanette b'TooIe &: Carolyn Petronella Address: 459 "P" Street In Chula Vista, CA 91910 File # or Project: Civic Cente; Expansion / 459-ø04 ATTACHED ARE DOCUMENTS TO SUPPORT THÉ FOLLOWING PAYMENT REQUEST(S): X Advance Assistance Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing Fixtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Jeanette O'Toole &: Carolyn Petronella I $ 1,500.00 I Your prompt attention in this matter is appreciated. Sincerely, '>'>\. """"'1 Ie-. 0 . <íì'-~ Mary K O'Toole Pacific Relocation Consultants if-!; --.-. Thís yage íntentíonally l£ft blank. Lf-).o l>erllU. U14!14J ,. Claim for Rental or Downpayment Assistance Payment FOR AGENCY USE ONLY Name of Agency PRIVACY ACT NOTICE: You are asked 10 provide this Informetlon in 0""" 10 detennlne whether you are eligible 10 receive a rentai or downpayment esalstance payment. You are not required by law 10 fumlsh this Information, but ffyou do not provide ff, you may not receive this paymantor K may taka Iongar 10 pay you. This Information Is being collected under the authority oftha California Raiocation Assistance Act (Government Code Section 7260, at.seq.). INSTRUCTIONS: This claim form Is for the use of tamill.. and IndividuaJs applying for a rental or downpayment esalstance paymant. A rapresentative of the displacing Agency will halO you complete the form and Inform you of the Information that you must provida In support of this claim. ff the full amount of your claim Is not approved, tha Agancy will provIda you - s written explanation of the rasson. ffyou are not satisfied -tha Agencys determination, you may appeeI that datarmlnation. The Agency wili axpllÛn how to make an appeal. 1. Your Name(s) (You are the Claimant(s)) la. Present Mailing Address(es) of Claimant(s) 1 b. Telephone Number(s) Jeanette O'Toole &. Carolyn Peltronella 459 nFn Street ID (619) 420-8104 Chula Vista, CA 91910 2. Have all members of the household moved to the same dwelling? - YES - NO (It "NO". Hst the names of all members and the addresses to which they moved in the Remarks Section.) Dwelling Address When Old You Rent When Did You Move When Old You Move This Unit? To This Unit? Out of This Unit? 3. UnitThat 459 nFn Street ID 1-{11-80 To Follow You Moved From Chula Vista, CA 91910 4. Unit That To Follow You Moved To 5. Computatinn of: X Rental Assistance Peyment, Downpayment Assistance Payment INSTRUCTIONS: Complete lIems 12and 13 on the reverse side of the form before TO BE COMPLETED BY CLAIMANT FOR AGENCY USE compieting this section. The displacing agency representative will help you. (1) Monthly Housing Cost for Replacement Dwelling Unff to which you moved $ $ (From line (3). Column (c), lIem 12) (2) (~~On~h~n~0~¡:n80?7~~\~.~:'.';;f~~a~~ ~:~;:,;~:r.~n~~~~:~gy) $ (3) (~h~I~~~:;,r f~r ~~"w~~";,,';-~~~ À~sistance. enter amount from Une (2).) $ (4) (~~On~h~n~0(~)~n80?~~~f'i~)~~:~nl~tit from which you were displaced $ (5) Claimant's Ability-To-Pay (From Une (3). Column (a). lIem 13) $ (6) Enter the Lesser of Une (4) or (5) $ (7) Monthly Need (Une (3) minus Une (6)) $ (6) Amount from Une (7) MullipHed by 46 $ (9) ~'::t~~?I~'o~t": ern~~ngra~~~gh~~i~~~~~~~~ii~~S) $ (10) Amount of Advance Payment. if any $ 1 500 00 $ (11) Amount Requested (Une (9) minus Une (10)) $ 1 500.00 $ 6. Certification by Clelmant(s) I CERTIFY that this cllÛm and supporting Information are trua and complete, that I hava not submitted any other claim for the expenses listed and that I have not been paid for the axpensaa by any othar source. losk that I be paid the amount on Una (11) of Item (5) in: ~ onalump-sum - installmants (os specified In the Ramarks Section). My decision to rant or buy a dwelling was besed on a full explanation by the dlspleclng agency rapresentatlve of the dlfferance between the types of payments eva/labia (Rental Assistance or Downpayment Assistance). Signature(s) of Claimant(s) é)Z ~ COM BY AGENCY . Effectjve[)ale of Eligibility 8. Date Replacement Dwelling Inspected For Relocation Assistance and Found Decent, Safe and Sanitary 9. Payment Tò Be Made In: --X.-lump Sum - Monthly Installments - Other (Specify in Remarks Section) paymem Action AmòuntofPayment SIgnature Name (Type Or PrInt) Date ~();~R8QOI11rì1ehded $1,500.00 k..'O'~ Mary K. O'Toole/PRe 8-30-93 11. Approved Pacific Relocation Consultants ,"CO"", Page 1 of 2 tf~,21 , 12. DETERMINATION OF CLAIMANTS MONTHLY HOUSING COST (MHC) MONlHLY INSTRUCTIONS: The!enn 'Monthly Housing Cost" Means MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING the everage monthly cost for rent end utility cherges. FOR DWELLING FROM FOR REPLACEMENT COST FOR Utility charges Include reesonab1e ccsts to provide heat, WHICH YOU WERE DWEWNG TO WHICH COMPARABLE . hot water, lighting, we!et' end sewer, end trash removaL DISPLACED YOU MOVED REPLACEMENT A person's monthly housing cest for a replacement dwelling DWEWNG shall Include one-twelfth of the estirnaled reasonable FOR AGENCY FORAGENCY' ro.BEI'fIOYIDE~ yearly cost for utility charge.. CLAIMANT USE ONLY CLAIMANT USE ONLY 8YAGENCY (a) (b) (c) (d) Ce) (1) Contract Rent $ $ $ $ $ (2) Average Monthly Utilities Not Included in Conlract Rent. (List each "em below (e.g. gaa. electricity. oH. water) and list amounts in columns (a) and (c)) (3) Total Monthly Housing Cost $ $ $ $ $ (Sum of Line (1) plus all entries in line (2») 13. DETERMINATION OF CLAIMANTS ABILllY-TO-PAY (1) Gross Montly Income of All Adult Members (18 years or older) of Household FOR AGENCY (List names below and liat amounts in Column (a)) CLAIMANT USE ONLY (a) (b) (2) Total Gross Monthly Inceme (Sum of entries in Line (1)) $ $ (3) Claimant's AbHity.To-Pay Monthly Housing Cost (Amount on Line (2) x 25% (0.25)) $ $ 14. COMPARABLE REPLACEMENT DWELLING 15. REMARKS Pacific Relocation Consultants PRCO"", Page 2 012 ~ - 2:Ù ---- PACIFIC RELOCATION CONSULTANTS. LETrER OF TRANSMTITAL Date: March 16, 1994 TO: Lyle Haynes FROM: Pacific Relocation Consultants Principal Community 100 West Broadway, Suite 300 Development Specialist Long Beach, California 90802 City of Chura Vista Phone: {310} 590-8564 276 Fourth Avenue Fax: {310} 495-0889 Chula Vista, California 92010 THIS CORRESPONDENCE REFERS TO: Name: Josefa Perez Address: 459 "F" Street IE Chula Vista, CA 91910 File # or Project: Civic Center ExpWlSion / 459-005 ATTACHED ARE DOCUMENTS TO SUPPORT THE FOLLOWING PAYMENT REQUEST{S}: X Advance Assistance X Residential Moving Expense Rental Assistance Business Moving Expense Downpayment Assistance Business In-lieu Replacement Housing Assistance Last Resort Housing Fixtures and Equipment Other: COMMENTS: THIS CHECK SHOULD BE MADE PAYABLE TO: IN THE AMOUNT OF: I Josefa Perez I $ 2,550.00 I Your prompt attention in this matter is appreciated. Sincerely, ""-",-¡ k... 0' ÓÌ'~ Marïlc K O'Toole f -:¡3 Pac' c Relocation Consultants Thli ¡'¥Ie ínttntíonaIIy left blank. t/-:J-tf Serial' 014944 Claim for Rental or Downpayment Assistance Payment FOR AGENCY use ONLY, " ,,' Name OfAgOf1C\!' " PtO eotN..". arNumb., Case Number,' c' iSta edevel mentA ene ' "'Civic Center on 4S9c-OOS PRIVACY ACT NOTICE: You are asked to provide this Information In order to determine whethOf you are eligible to receive el'8f1lal or downpayment assistance payment. You are not required by law to fumish this Information, but n you do not provide n, you may not receive this payment or n may take longer to pay you. This Information Is being collected UndOf the authority Of the CeJlfomla Relocation Assistance Act (Government Code Section 7260, et.seq.). INSTRUCTIONS: This claim form is for the usa Of families 8J1d Individuals applying for a I'8f1Ial or downpayment assistance payment A represerrtative of the displacIng Agency will help you complete the form and Inform you of the Information that you must provide In suppan Of this claim. n the full amount Of your claim Is not approved, the Agency will provide you with a written axplanation Of the reason. If you are not satisfied with the Agancy's datarmlnation, you may appeal that determination. The Agency willaxplaln how to maka an appeal. 1, Your Name(s) (You .,e the Claimant(s)) 1a. P4e59t"1~ns:;:~t(;)ffCiaimant(S) Ib, Telephone Number(s) Josefa Perez Chula ViSta, CA 91910 (619) 476-1271 2. Have all members of the househoid moved to the same dwelling? ---1L.. YES - NO (If "NO'. list the names of all members and the eddressea to which they moved in the Remarks Section.) Dwelling Address When Did You Rent When Did You Move When Did You Move This Unit? To This Unit? Out of This Unit? 3, UnitThat 459 "F" Street IE 1-{)1-92 To Follow You Moved From Chula Vista. CA 91910 4, Unil That To Follow You Moved To 5. Computation Of: X Rental Assistance Payment, Downpayment Assistance Payment INSTRUCTIONS: Complete Items 12 and 13 on the reverse side of the form before TO BE COMPLETED BY CLAIMANT FOR AGENCY USE completing this section. The displacing agency representative will help you. (1) Monthly Housing Cost for Replacement Dwelling Unil to which you moved $ $ (From "ne (3). Column (c). Item 12) (2) (~~~h~n~0~i:n80?~~~fM.~f.~f~~~~ ~:~~v~~~nb~)\g~~¿;,) $ (3) ~h~I~~~r; I~r '¡',~~~'Ja~';~~~ Á~sistance. enter amount from Line (2)) $ (4) (~~0~h~n~0~ii.n80?~~~f(~)~~:~~g2~nillmm which you were displaced $ (5) Claimant's Ability-To-Pay (From Line (3). Column (a). Item 13) $ (6) Enter the Lesser of Line (4) or (5) $ (7) Monthly Need (Line (3) minus Line (6») $ (6) Amount !mm Line (7) Multip"ed by 48 $ (9) (~~t~~~~~~~,"¿~ E'n~~~ng~~~~gh%~i~~~~~~~rii~r.~S) $ (10) Amount of Advance Payment. if any $ 1 500.00 $ (11) Amount Requested (Line (9) minus Line (10)) $ I 500.00 $ 6. Certification by Claimant(s) I CERTIFY that this claIm 8J1d supporting Information are trua 8J1d complete, that I have not submitted any othar claim for tha expenses listed 8J1d that I have not been paid for the expenses by eny other source. I ask that I be paid the amount on Uno (11) Of Item (5) In: --1L one lump-sum - installments (as spaclfied In the Remarks Section). My decision to rent or buy a dwelling was based on a full explanation by the displacing agency raprasentative Of the dlffarence between the types Of payments avaIlable (Rental Assistance or Oownpayment Assistance). Signature(s) of Cia' antIs 8. Date Replacement Dwelling Inspected and Found Decent, Safe and Sanitaly ------ Monthly Installments - Other (Specify in ¡:¡ema~$ection) Payment ActIon Amount at Payn1erlt Nar1\Ø .(TypeQl'PllrIt) Dale 10. Recommended $1,500.00 MaryK..O'Toóle/pRC 9c-Ol...g3 11. Approved Pacific Relocation Consultants 'RC"." Page 1 of2 '-1-25 , 12. DETERMINATION OF CLAIMANT'S MONTHLY HOUSING COST (MHC) MONTHLY INSTRUCTIONS: The term 'Monthly Housing Cost" Means MONTHLY HOUSING COST MONTHLY HOUSING COST HOUSING the everege monthly cost for ...nt and utility ch&ges. FOR DWEWNG FROM FOR REPLACEMENT COST FOR Utility charges Include reasoneble ccsts to provide heat, WHICH YOU WERE DWEWNG TO WHICH COMPARABLE hot weIef, lighting, weter and sewer, and treeh ...movel. DISPlACED YOU MOVED REPlACEMENT A person'. monthly housing cost for s repleeemont dwelling DWEWNG .hell includa one-twelfth of the estimated reasoneble FOR AGENCY FOR AGENCY IrOBE PROVlD8 yearly cost for utility charges. CLAIMANT USE ONLY CLAIMANT USE ONLY BY AGENCY (s) (b) (e) (d) (e) (1) Contract Rent $ $ $ $ $ (2) Average Monthly Utilities Not Included in Contract Rent (Ust each item beiow (e.g. gas. electricity. oil. water) and list amounts in columns (a) and (c») (3) Total Monthly Housing Cost $ $ $ $ $ (Sum of Une (t) plus all entries in line (2)) 13. DETERMINATION OF CLAIMANT'S ABILITY-TO-PAY (1) Gross Montly Income of All Adult Members (t 8 years or older) of Household FOR AGENCY (Ust names below and list amounts in Column (a)) CLAIMANT USE ONLY (a) (h) (2) Total Gross Monthly Income (Sum ot entries in Une (t)) $ $ (3) Claimant's Abifity.To-Pay Monthly Housing Cost (Amount on Une (2) x 25% (0.25)) $ $ 14. COMPARABLE REPLACEMENT DWELLING 15. REMARKS Pacific Relocation Consultants t/-2t '"c,,"" Page 2 of 2 Serial I 014945 Claim for Moving and Related Expenses Families and Individuals (State) ACT NOTICE: ouar ation In oroar to datermlna whether you are ellgibla to receive a rentai or downpayment assistance payment. You are not required by law to tumish this information. but if you do not p""'ide it. you may not receive this payment or it may take longer to pay you. This information Is being collected under the authenty of the California Relocation Assistance Act (Government Code Section 7260. et. seq.) INSTRUCTIONS: This claim form Is for the use of families and Individuals applying for a payment of moving and related axpenses. You may apply for either (1) a fixed allowance, or (2) an amount to cover tha actual moving and related expenses incurred. as described on page 2 of this form. A claim for actual expenses must be supported by receipts or other evidence. A representative 01 the displacing Agency will explain the difference between tha two types of payments and will help you complete the form. If the full amount of your claim is not app"",ed. the Agency will provide you with a written explanation 01 the reason. If you are not satisfied with the Agancy's determination, you may appeal that detarmination. The Agency will explain how to make an appeal. ,. Your Name(s) (You are the Claimant(s)) la. Present Maili~ AddraSS(es¡,°1 Claimant(s) t b. Telephone Numbe~s) Josefa Perez 459 nFn treet I (619) 476-1271 Chula Vista, CA 91910 2. Have all members of the household moved to the same dwelling? ~YES _NO (If "NO'. list the names ot all members and the addresses to which they moved in the Remarks Section.) Dwelling Addrasa How Many Rooms Was it Fumished WIth When Did You Mow Did You Occupy? , Your Own Fumltura? To This Unit? 3. UnitThat 459 nFn Street IE ~YES - NO 5 1--{)1-92 You Moved From Chula Vista, CA 91910 4. UnitThat " Excluding bathrooms. hallways and closets. To Follow To Follow You Moved To 5. Is This a Final Claim: X YES NO (If 'NO", Explain In Remarks Section) 6. Computation 01 Payment (Complete Item 6a Of 6b) 6b. Actual Moving Item Expenses (1) Moving Cost $ (2) Transportation Cost - Families and Individuals $ (3) Cost of Insurance Covenng Move andlor Storage $ (4) Storage Cost (Complete Item 10 on page 2) $ (5) Other (Explain in Remarks Section) $ (6) Total Amount of Claim (Consult Agency for amount of fixed allowance) $ 1,050.00 $ (7) Amount Previously Paid (If any) $ -0- $ (8) Amount Requested (Line (6) minus Line (7)) $1 050.00 $ 7. Certff1cat1on by Clalmant(a) WARNING: If you knowingly Of dellbelatøly make fal8e 8f8temen18 on this form, you may be subject 10 civil or criminal penaffle8 under SectIon 1001 01 TItle 18 01 the United States Code. In addition you may not racetw any 01 the amounts claimed on this form. I CERTIFY that this claim and supporting Information In! true end complete, that I have not submitted any other claim for the axpenses listed end that I have not been paid for the expenses by any other source. I ask that the amount on una t8) "'Item (8) be paid dlractIy 10: ~ ME, Of - TIiE CONTAACTOR(S) (as specIt1ed In the Rem8J1œ SectIon). My cI1oice 01 ftxad paymo In 6a Of actuoI moving expensea In 6b W88 - on the oxpIano1Ion by tha agency representatIve 01 the dIfference betwaen - types 01 paymenta. Signatura(s) 01 Claimant(s) Date X PRC"'" Page 1 of 2 \ 10. Supporting Data for Storaga Coate (Deacrlbe Properly atonod In Ramarb Section or _list). Is This a Final Claim For Storage?: YES NO Computation af Storaga Coole Date Movad 10 Storage Date Moved From Storage Item Amount Name and Address of Storage Company Monthly Rate for Storage Number of Months in Storage Total Storage Costs (Enteron line (4) of item 6b) Amount Previously Received (Include This Amount in Line (7) of Item 6b) Should Payment be Made Directly to Storage Company?: YES NO REMARKS (Attach additlonaJ sheats, II necaasary): MOVING AND RELATED EXPENSES WHICH ARE PAID FOR: MOVING AND RELATED EXPENSES WHICH ARE NOT PAID FOR: ,. Transporlation of individuals, families and personal properly from the displacement site to lha replacement site. Transportation costs for a distance beyond 50 milas are not eligible. 1. Cost of moving eny building or other real proparly unless the Agency determines that relocat"n beyond 50 miles is ¡ustITied. in which the displaced person reserved ownership. 2. Packing, crating, uncrating and unpacking of persnnal properly. 2. tnterest on a loan to cover moving expenses. 3. Necessary charges for the removal and hookup of appliances, equipment and other items, 3. Personal injury. not acquired as raal properly. 4. Any legal fee or other cost for preparing the claim 4. Storage of the personal properly. as determined necessary by the Agency. for moving and related expenses or for representing tha claimant before fhe Agency. 5. Insurance 01 the personal properly in connection with the move and necessary storage. Pacific Relocation Consultants Lj-;Lt p'c""", Page 2 of 2 RESOLUTION /3'15 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AnY ANCE ASSISTANCE AND MOVING EXPENSE RELOCATION CLAIMS IN THE AMOUNT OF $1),850 PURSUANT TO THE ADOPTED RELOCATION PLAN FOR THE RENTAL UNIT HOUSEHOLDS LOCATED AT 451) F STREET WITHIN THE TOWN CENTRE n REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency adopted a Relocation Plan for 459 F Street on October 19, 1993, which requires the relocation of five (5) rental unit households pursuant to the California Relocation Assistance Act; and WHEREAS, the City of Chula Vista and the Redevelopment Agency approved the Purchase and Sale Agreement for the property as part of the Civic Center Expansion Project on November 9, 1993, and authorized the encumbrance of $910,500 from CIP Account #GG- 130 for the purposes of purchasing the property and relocating the tenants; and WHEREAS, five (5) Advance Assistance and three (3) Moving Expense relocation claims have been filed from tenants residing at the project site totalling $9,850 as follows: Delia Hernandez and Lourdes Ojeda $2,750 Mary Mancini (Apt. B) 1,500 Marco & Cecilia Gonzalez (Apt. C) 2,550 Jeanette O'Toole & Carolyn Petronella (#D) 1,500 Josefa Perez (Apt. E) 2.550 Total $9,850 NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby f"md, order, detennine and resolve that the Advance Assistance and Moving Expense claims for the rental households at 459 F Street, and Apartments B,C,D, and E are approved pursuant to the adopted Relocation Plan and Civic Center Expansion Project. PRESENTED BY: APPROÝftD 1° Fl BYe / /' ì (ù^-~ ~ . - ¡ \ ,~ ----- I ~~ ,,\ \:1ð-(¡f ~A^ -< . Chris Salomone, Executive Secretary and Bruce M. Boogaard Community Development Director Agency General Coursel " C:I WP5 t IHA YNESIDOCUMEN1ì459ADV1A.RES tf-2-1 --- Thís 'page íntentíonaIly left blank. ;J -30 RESOLUTION /7tf3' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXPENDITURE OF $9,850 FROM THE CIVIC CENTER EXPANSION PROJECT (#GG-130) CIP FOR THE PAYMENT OF ADVANCE ASSISTANCE AND MOVING EXPENSE RELOCATION PAYMENTS TO THE RENTAL UNIT HOUSEHOLDS WCATED AT 459 F STREET WHEREAS, the Redevelopment Agency of the City of Chula Vista adopted a Relocation Plan for 459 F Street on October 19, 1993, which requires the relocation of five (5) rental unit households that are eligible for relocation benefits pursuant to the California Relocation Assistance Act; and WHEREAS, the City of Chula Vista and the Redevelopment Agency approved the Purchase and Sale Agreement for the property as part of the Civic Center expansion Project on November 9, 1993, and authorized the encumbrance of $910,500 from crp Account #GG- 130 for the purposes of purchasing the property and relocating the tenants; and WHEREAS, five (5) Advance Assistance and three (3) Moving Expense relocation claims have been filed from tenants residing at the project site totalling $9,850 as follows: Delia Hernandez and Lourdes Ojeda $2,750 Mary Mancini (Apt. B) 1,500 Marco and Cecelia Gonzalez (Apt. C) 2,550 Jeanette O'Toole & Carolyn Petronella (#D) 1,500 Josefa Perez (Apt. E) 2550 Total $9,850 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby rmd, order, detennine and resolve that the expenditure of $9,850 from the Civic Center Expansion Project (GG- #130) is approved for payment of Advance Assistance and Moving Expense payments for the rental households at 459 F Street, and Apartments B,C,D ,"" E p~- to th, .top"" R,I~'o" PI~,"" C¡,¡o Coo'" Mæ", PI~ l""'¡on project. ~ì PRESEN'ffiD BY APPRckD Ai tM BY c~ C~ 1,~ (d~,". i'. MA.4." Chris Salomone. Bruce M. Boogaard Community Development Director City Attorney c:\ WP51 IHAYNESIDOCUMENTl459ADV1C.RES ",,- Lj-~3/ Thís yage íntentíonalIy kft blank. t/ - 32-> JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item 5a.-,b Meeting Date 04/05/94 ITEM TITLE: [A] AGENCY RESOLUTION /31t, Authorizing the execution of an Agreement between the City of Chula Vista, Chula Vista Redevelopment Agency and the County of San Diego to share tax increment revenues generated to the Agency from the Southwest Redevelopment Project Area [8] COUNCIL RESOLUTION /7L{.37 Authorizing the execution of an Agreement between the City of Chula Vista, Chula Vista Redevelopment Agency and the County of San Diego to share tax increment revenues generated to the Agency from the Southwest Redevelopment Project Area SUBMITTED BY: Community Development D\rector ¿- S , REVIEWED BY: Executive Director J\ \'N~~ " (4/Sths Vote: Yes - No 10 BACKGROUND: Health and Safety Code Section 33401 requires Community Redevelopment Agencies to enter into agreements to pay any taxing agencies with territory within a redevelopment project area, the appropriate amount of money necessary to alleviate any financial burden or detriment caused to the taxing agency by the adoption of the redevelopment project. The County of San Diego ("County") advised the Agency of the potential negative financial impact on the County as a result of the adoption and implementation of the Southwest Redevelopment Plan and the subsequent allocation of tax increment revenues to the Agency pursuant to Health and Safety Code Section 33670 (b). The final negotiated Agreement for Cooperation ("Agreement") seeks to alleviate the potential negative financial impact on the County by sharing a portion of the tax increment revenue generated in the project area from the County's" share" of the tax increment revenue that would have been paid to the County if the project area was not adopted. The Agreement is substantially the same, except for the tax sharing percentages, as the previously approved taxing agreements with the Sweetwater Union High School District, Chula Vista Elementary School District, San Diego County Office of Education, and the Southwestern Community College District. RECOMMENDATION: Adopt the resolution which authorizes the execution of the Agreement for Cooperation ("Agreement") with the County of San Diego for the Southwest Project Area. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. 5) -- - Page 2, Item- Meeting Date 04/05/94 DISCUSSION: The attached Agreement contains the following significant provisions: 1. Allocation of Tax Increment Revenue: Prior to the adoption of the Southwest Redevelopment Plan, the County received approximately 27.15 % of the property tax revenue levied upon taxable property in the "project area". This Agreement allows for 27.15 % of the tax increment revenue generated above the base year (County Contribution to Tax Increment) to be allocated as follows: a. County to receive 100% of the 2 % growth monies; and b. County to receive 66.67% of the revenues generated above the 2 % growth monies; and c. Agency to receive 33.33% of the revenues generated above the 2% growth monies. 2. Housing Set-Aside: The 20% Housing Set-Aside requirement on the County's 27.15 % "share" above the base year is to be paid as follows: a. County to pay the 20% Housing Set-Aside requirement on the revenue the County receives above the 2% growth monies; and b. Agency to pay the 20% Housing Set-Aside requirement on the County's "share" of the 2% growth monies, and on the revenue received by the Agency above the 2 % growth monies. In essence, the County receives a full "pass-through" of its' share of the 2 % growth monies, and then pays the 20% requirement on the amount it receives above the 2 % monies. The down-side risk of this item is that in a very low growth scenario (2 % growth) the Agency will have to pay the housing set-aside requirement on monies that the Agency does not receive (since the County would get a 100% pass-thru). This was an original "deal point" of the Memorandum of Understanding (MOU) that, along with other items, caused considerable delay in finalizing the Agreement. Staff was not successful in getting this point revised and finally had to agree since the County would not concede and the Agency is legally bound to reach an agreement. 3. Fund Administration and Management: Due to the complexity of the tax increment allocation calculation, the County and Agency agreed to administer the agreement as follows: a. The County is to provide the Agency a statement indicating the estimated amount of tax increment available to the Agency for each current fiscal year, along with a calculation of the amount that is to be allocated to the County based on the estimated amount of tax increment revenue; and b. The Agency, at the end of February and again at the end of May in each fiscal year, shall distribute payments to the County pursuant to the actual revenues received to that date; and S-;L -- Page 3, Item- Meeting Date 04/05/94 c. The County is to, as soon as possible after the end of each fiscal year, provide the Agency with a statement indicating the final actual amount of tax increment remitted to the Agency, and a calculation of the final payment due to the County; and d. The Agency, within 30 days of receipt of the final year -ending statement, is to remit the remaining amount of funds due to the County. An important negotiated provision in the agreement is contained in Section 1.20 which defines "Tax Increment Revenue" as being net of State mandated shift of funds or reduction in property tax revenues. This provision, along with the "simplified" tax increment allocation calculation, and the above-referenced negotiated Fund Administration arrangement, account for the majority of the delay in finalizing the agreement from the "deal points" outlined in the Memorandum of Understanding (MOU) adopted in December 1990. Although substantially in compliance with the previously adopted MOU deal points in terms of net financial benefits to the County and Agency, the finalized Agreement is an improvement for the Agency since, I) the amount of revenue subject to "sharing" is net of any State mandated revenue shifts, 2) the County has the administrative responsibility for calculating the amount of funds that are to be allocated to the County, and 3) the "simplified" tax increment allocation calculation will provide the Agency with greater revenues over the long run (40 years) and in higher growth years. Provided as Exhibit A, is a spreadsheet which compares the amounts that the County and Agency would have received under the terms of the MOU over the forty (40) year life of the project at various growth rates, and the corresponding amounts each will receive under the terms of this Agreement. For your information, the column entitled "Terms for County" outlines the basic "deal points" for the County under the old MOU and the fmal Agreement. To summarize, at a 4.5% growth rate the Agency would capture approximately 33.16% of the County "share" under the Agreement, as compared to 32.41 % under the terms of the old MOU. Additionally, at a high 10.5% growth rate the Agency would receive approximately 44.38% of the County "share" under the Agreement, whereas under the old MOU, the Agency would have received only 41.70%. FISCAL IMPACT: The Agency will be responsible for paying the County its' negotiated share of tax increment revenue retroactive to December, 1990. To date, the amount that is owed retroactively to the County, including interest, is $139,140. The required retroactive amount will be included in next year's budget for the Southwest Project Area. The implementation of the Agreement for Cooperation will have an immediate negative fiscal impact on Agency revenues by reducing the tax increment from the Southwest Project Area by an average of 16.29% (60% of 27.15%) annually depending on the actual growth rate experienced. c, \ WP5 t \HA YNESIREPOR TS\CO NTYT AX.RA4 .5-3 ,,- Thís yage íntentíonaIly left blank. 5 -if 0 >0 ~ ! E-o , N êí gJriUJ gJ < 0 HUJ," H E-o U Z'">O Zo\O Ii: 0: ~>Oo\oo\o ~N H 0 0\0 0 U) "' ~ ... ~~~";i; ~5 1<1 00 0\0 " <Q :s Ii< 0\0 0\0 0 '" <I: 0: OU)U)ri 0 .. . , + 0\0 E-o 0\0'" '" 0\0 0\0" 0 , , U) 0\0 0 00\00\0 . 0 0 '" riNN"'ri ri'" ~ ~ ~ ~ ~ -~ ~ 0 U)O NO" riN "'00" "00 "00 ~ riM 0" ri 0'" riM ri ri'" ri'" """"", ".",."" 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S-~ SOUTHWEST REDEVELOPMENT PROJECT AREA AGREEMENT FOR COOPERATION BETWEEN THE COUNTY OF SAN DIEGO, CITY OF CHULA VISTA, AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA This Agreement is entered into effective as of November 27, 1990, by and between the County of San Diego ("County"), the City of Chula Vista ("city") and the Redevelopment Agency of the city of Chula Vista ("Agency"), B'!LÇ~.lTALâ A, The City Council of the city of Chula Vis_ta adopted the Southwest Redevelopment Plan ("Redevelopment Plan") by Ordinance No, 2420 on November 27, 1990. B, The city Council and Agency considered whether or not the Southwest Redevelopment Project Area is a blighted area within the meaning of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq,) because of the existence of properties which are stagnant, improperly utilized, and unproductive because of defective or inadequate street layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, because of the existence of inadequate public improvements which cannot be remedied by private or governmental action without redevelopment, and for other reasons. C, The Project Area, as described in the Redevelopment Plan adopted by Ordinance No, 2420, encompasses approximately 1,093 acres in the southwestern portion of the City of Chula Vista, D. The City approved by Ordinance No. 2467 on July 9, 1991, an amendment of the Redevelopment Plan to add approximately 10 acres to the Project Area, said acreage consisting of the eight parcels identified on Exhibit A. E, The parties found that the Agency's implementation of the Redevelopment Plan will result in a loss of property tax revenues which the County could reasonably have expected to receive in the absence of the Redevelopment Plan, as well as an increased need for County services within the Redevelopment Project Area. F, Health and Safety Code Section 33401 provides that the Agency may pay to an affected taxing agency any amount of money which 1 5-7 the Agency determines is appropriate to alleviate any financial burden or detriment caused to the taxing agency by the Redevelopment Plan, G, The County advised the Agency of the potential financial impact resulting from the adoption and implementation of the Southwest Redevelopment Plan. H, The County and the Agency wish to enter into an agreement to alleviate the financial burden or detriment which may be caused to the County because of redevelopment activities in the Southwest Redevelopment Project Area on the terms and conditions set forth herein, AQR.!LEMEHT NOW, THEREFORE, for and in consideration of the foregoing promises, and for their mutual advantage and concern, the parties agree as follows: 1. Definitions The ~ords and terms in the Agreement shall have the following mean1.ngs: 1.1 "Agency" shall mean the Redevelopment Agency of the City of Chula Vista. 1.2 "City" shall mean the City of Chula Vista, a municipal corporation. 1.3 "County" shall mean the County of San Diego, a political subdivision of the State of California, 1.4 "County contribution to Tax Increment Revenue" shall mean the portion of Tax Increment Revenue to be shared between the County and the Agency as provided in section 2, below, in the same proportion as the County Contribution to Gross Tax Increment Revenue bears to the Gross Tax Increment Revenue received by the Agency as determined in accordance with the definition of County Contribution to Gross Tax Increment Revenue set forth in section 1.6 hereof, below. 1.5 "County Contribution to Inflation Factor Revenue" shall mean the portion of Inflation Factor Revenue to be paid to the County as provided in section 2, below, in the same proportion as the County Contribution to Gross Tax Increment Revenue bears to the Gross Tax Increment Revenue received by the Agency, as determined in accordance with the definition of County Contribution to 2 5-8 Gross Tax Increment Revenue set forth in Section 1.6 hereof, below, 1.6 "County Contribution to Gross Tax Increment Revenue" means that portion of the Gross Tax Increment Revenue which, in the absence of the establishment of the Project Area and the Redevelopment Plan, would have been allocated to and paid to the County. County Contribution to Gross Tax Increment Revenue shall be set at 27.15% until such time that another taxing agency which has a tax sharing agreement with the City and Agency with respect to the Project requires an adjusted figure based upon the County's implementation of an adjustment to the "1% ratio" (which determines each taxing agencies respective share of tax increment), in which case this 27.15% figure shall be adjusted accordingly, as follows: (a) in the event that such taxing agency proposes an adjustment mechanism required by state laws or otherwise approved by the County, in accordance with such adjustment mechanism, or (b) in the event that such taxing agency proposes no such adjustment mechanism, the adjustment shall be made based upon the adjusted "1% ratio" for the tax rate area within the Project Area with the highest aggregate assessed valuation, 1.7 "County Tax Rate Increase Revenue" shall mean tax increment revenue arising from an increase in the rate of tax imposed for the benefit of the County, 1.8 "Excess Gross Tax Increment Revenue" shall mean Gross Tax Increment Revenue less Inflation Factor Revenue 9-nd County Tax Rate Revenue. 1.9 "Fiscal Year" shall mean the period from July 1 to and including the following June 30. 1.10 "Housing set-Aside" shall mean the amount of tax increment revenue that the Agency is re5luired to set- aside and use for low and moderate ~ncome housing purposes pursuant to Health and Safety Code section 33334.2 or successor statutes. 1.11 "Indebtedness" shall mean any principal of and interest on loans, monies advanced to, or other indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the implementation of the Redevelopment Plan. 1.12 "Inflation Factor Revenue" shall mean that portion of Gross Tax Increment Revenue attributable to increases in the assessed value of the taxable property in the Project Area, as the assessed value is established by the 3 5-9 assessment roll last equalized prior to the effective date of the Ordinance pursuant to subdivision (a) of section 33670 which are, or otherwise would be, calculated annually pursuant to subdivision (f) of section 110,1 of the Revenue and Taxation Code, 1.13 "Ordinance" shall mean Ordinance No. 2420 of the city adopting the Redevelopment Plan and Ordinance No, 2467 of the City adopting the amendment thereto. 1.14 "Project" shall mean the Southwest Redevelopment Plan and Project Area adopted by Ordinance No. 2420 and as amended by Ordinance No. 2467. 1.15 "Redevelopment Activities" shall mean those redevelopment activities set forth in the Redevelopment Plan, pursuant to section 33678 of the Health and Safety Code, 1.16 "Redevelopment Plan" or "Plan" shall -mean the Plan prepared by the Agency and adopted by the City Council for the Southwest Redevelopment Project Area pursuant to the Ordinance, as required by law. 1.17 "Redevelopment Projects" shall mean those projects identified in the Redevelopment Plan. 1.18 "Southwest Redevelopment Project Area" shall mean the project area identified in the Ordinance adopting the Redevelopment Plan, as amended. the redevelopment of which is necessary to effectuate the public purposes specified in the Redevelopment Plan. 1.19 "Gross Tax Increment Revenue" shall mean that portion of the property tax revenue that is levied upon taxable property in the Project Area by or for the benefit of any lawful taking agency which is allocated to and paid into a special fund of the agency under the authority of Health and Safety Code Section 33670(b). 1.20 "Tax Increment Revenue" shall mean Gross Tax Increment Revenue, net of the Housing Set-Aside attributable to Excess Gross Tax Increment Revenue net of the Housing set-Aside attributable to excess Gross Tax Increment Revenue and any diversion(s) of Gross Tax Increment Revenue to other taxing agencies or funds as may, from time to time, be mandated by state laws, regulations or other state action, except where such diversions are administered by the Agency or the City for the direct benefit of the Project Area. For purposes of this definition, administrative fees and charges that relate to the property tax administration system shall not be considered diversions of property tax revenue, 4 5-/0 2, Allocation of Tax Revenues 2.1 To the extent that the County Contribution to Tax Increment Revenue is received by the Agency, the Agency shall allocate such amount, each year, as follows: a, First, the County contribution to Inflation Factor Revenue and the County Tax Rate Increase Revenue, if any, shall be allocated to the County. b. The remaining amount of the County Contribution to Tax Increment Revenue, if greater than zero (0) shall be allocated 66.67% to the County and 33.33% to the Agency. The remaining amount of the County Contribution to Tax Increment Revenue if zero (0) or less shall be credited against the amount owed pursuant to section 2.1.a., above, 2.2 In the event of a tax rate increase which creates County Tax Rate Increase Revenue, the County Auditor and Controller shall notify the Agency of the tax rate increase and provide to the Agency, in writing, a recommended methodology to calculate amounts due pursuant to such increase. 2.3 Attached as Exhibit B is an example, for illustrative purposes only, of a typical calculation relating to the allocation of County's contribution to Tax Increment Revenues pursuant to this Agreement. 3, Calculation and Remittance Process 3.1 The County Auditor and Controller shall allocate and distribute to the Agency the total amount of incremental revenue available to the Agency in accordance with applicable law. 3.2 The County shall submit to the Agency (a) a statement from the Auditor and Controller indicating the estimated amount of tax increments available to the Agency for a given Fiscal Year, and (b) a calculation of the estimated distribution of the County contribution to Gross Tax Increment Revenue to be allocated to the County and the Agency pursuant to Section 2, 3.3 The Agency shall review the estimated calculations submitted by the county and communicate, in writing to the County, any calculation discrepancies within 30 days from receiving the calculations submitted by the County. The County and Agency shall make every effort in good faith to resolve any issues and come to an agreement with 5 ~I) - /1 regards to the calculations. 3,4 On February 28 and May 31 of each fiscal year during the term of this Agreement, the Agency shall distribute payments to the County for the County's share of Gross Tax Increment Revenue received by the Agency pursuant to the estimated calculations agreed to as indicated in section 3.3 as determined in accordance with section 2 hereof. 3,5 As soon as possible after the end of each Fiscal Year, the County shall submit to the Agency a statement from the Auditor and Controller indicating the actual amount of Gross Tax Increment Revenue for a given fiscal year and a calculation of the last payment, and, within 30 days after receiving this statement from the Auditor and Controller's office, the Agency shall distribute to the county the balance of the amount allocated as the County's share of the Gross Tax Increme~t Revenue for a given Fiscal Year pursuant to section 2, 3.6 In the event the Agency does not submit timely payment pursuant to this Agreement, the Agency shall incur a penalty. The penalty will be interest on the unpaid amount accrued at the rate being earned by the County on its pooled investments from the due date of the payment through the duration of the delinquency, The County Auditor and Controller may withhold the amount, with interest, of a payment which is delinquent for more than 90 days from the next available distribution of Gross Tax Increment Revenue to the Agency. 3.7 The Agency agrees to reimburse the County Auditor and Controller for the Auditor's reasonable or otherwise state mandated annual costs for accounting and distribution of Gross Tax Increment Revenue to the Agency, including costs for any services performed pursuant to (a) this Agreement, (b) requirements mandated by statute or (c) the special request of the Agency. The County shall submit to the Agency as soon as practical after the end of each Fiscal Year a statement of the amount owed under this Section 3.7 for such Fiscal Year. The Agency shall pay to the County the amount owed within 30 days after receipt of such statement. 4, Aqencv Obliqations Constitute Indebtedness. The County and Agency agree that the Agency's obligations hereunder to make payments constitute an indebtedness of the Agency within the meaning of Health and Safety Code section 33675. 6 ~C:; - / :ù 5, Tax Revenue Payment Not Affected bv Aqency Indebtedness. The allocation and payment of all tax revenues pursuant to this agreement shall be allocated and paid notwithstanding any Agency bond resolution or indenture providing for the issuance of tax allocation bonds, or other forms of indebtedness hereinafter incurred by Agency under the Health and Safety Code including revenues to be distributed to other affected taxing entities to alleviate any financial burden or detriment caused by the Project. 6. Amendments to Redevelopment Plan. In the event of any amendment to the Redevelopment Plan which would add additional territory to the Project Area after January 1, 1994 then the provisions of Health and Safety Code Section 33607.5 shall apply to determine the County's and the Agency's respective shares of the County Contribution to Tax Increment Revenue hereunder but only with respect to the territory added by such amendment. Notwithstanding any such amendment, the County Contribution to Gross Tax Increment Revenue generated by the Project Area as it exists prior to January 1, 1994 (without the additional territory added by the amendment) shall continue to be allocated in accordance with the distribution provisions set forth in Section 2 hereof. In the event of any amendment to the Redevelopment Plan provided for in Health and Safety Code Section 33607,7, then, except as provided above with respect to amendments which would add territory, the County Contribution to Gross Tax Increment Revenue shall be allocated in accordance with the provision of section 2 hereof. until January 1, 1997, Agency and City agree to submit any proposed amendments to the Redevelopment Plan which may have a material adverse impact on the County, other than amendments required by law, to the County for County approval, such approval not to be unreasonably withheld. In the event that County fails to disapprove such proposed amendment in writing within thirty (30) days of the Agency/City's delivery thereof, the County shall be deemed to have approved such amendment. In the event that the County reasonably disapproves any such proposed amendment, the Agency and city shall retain the right to proceed with such amendment provided, however, that the County shall receive 100% of the County Contribution to Gross Tax Increment generated by such amendment, 7, County. Aqency. and city Cooperation in proiect Area Development, 7.1 It is the intent and desire of the County, Agency, and City to expedite and facilitate redevelopment consistent with the goals and objectives of the Redevelopment Plan. 7 S-/3 7.2 In general, County, Agency, and city agree to assist one another in the implementation of the Redevelopment Plan in accordance with applicable state and federal laws. The County, Agency, and city shall supply to one another such information and reports as from time to time either may reasonably require in order to undertake their respective obligation. 8, Housina Set-Aside Funds 8.1 The Agency agrees to work on a cooperative basis with the County Housing Authority to provide low and moderate income housing assistance with Housing set-Aside funds from the Southwest Redevelopment Project Area, through the use of such funds on projects of mutual interest. 8.2 In the event that payments to the County pursuant to section 2 are excluded from the tax increment revenue figure required to be used in order to determine the Housing set-Aside by California Court decision or changes to the California Community Redevelopment Law, the Agency agrees to allocate and distribute to the County, in addition to the other distributions required hereunder, the reduction in the Housing Set-Aside resulting from such exclusion. 9, Conditions Precedent. The following events are conditions precedent to any duties or obligations to be performed herein by any party to this Agreement: 9,1 Any duty imposed on the Agency by this Agreement is based upon the existence of Gross Tax Increment Revenue sufficient to allow Agency to perform as required herein. No representations or assurances are made by the Agency as to when, if ever, sufficient tax revenues will be available for these purposes. 9.2. No lawsuit is filed, within the time allowed by statute, challenging the Redevelopment Plan, its adoption, or the environmental review of the Project Area. 10, Condition Subsequent. As a condition subsequent to the parties' obligations herein, if any action is taken pursuant to california law which results in terminating the Project, the parties shall have no further duties or obligation hereunder. 8 5 -Ii 11. Leqal Challenqe The County, Agency and City agree that in the event litigation is initiated by someone not a party to this Agreement attacking the validity of all or any portion of this Agreement, all parties shall support and seek to uphold this Agreement. The county, Agency and City hereby waive any right that they may have to challenge the validity of this Agreement. 12, Litiqation Between Parties. If either party commences litigation against the other for the purpose of determining or enforcing its right hereunder or for money damages for a breach hereof or for other equitable relief related hereto, each party shall be responsible for its own legal fees and court costs. 13, General provisions 13.1 Settlement By this Agreement, the parties intend to resolve any differences with respect to the Redevelopment Plan, and County agrees to forebear suit challenging the validity of the Redevelopment Plan, the Project Area, the Environmental Impact Report in relation to this Project, or any related matters, Notwithstanding the foregoing or any other provision in this Agreement, County shall retain its rights under then applicable laws to challenge future amendments to the Project Area, 13.2 Effective Date This Agreement shall be effective as of November 27, 1990 with respect to the Project Area excluding the territorial amendment to the Project Area, and July 9, 1991 with respect to the territorial amendment to the Project Area. The calculation of the allocation of Tax Increment Revenue to the County shall be applicable to actual Tax Increment Revenue received during and starting with fiscal year 1991-92. Interest on such amounts shall be deemed to have accrued with respect to accrued but unpaid amounts payable to County hereunder at the actual rate of return earned on the Agency's pooled investments during such accrual period, 13,3 Term of Aqreement This Agreement shall remain in effect until the Redevelopment Plan expires or is earlier terminated by law or in accordance with its terms, except that Agency's 9 _5'--15 obligation to allocate and disburse funds to County pursuant to this Agreement shall continue for as long as the Agency is authorized to collect Gross Tax Increment Revenues from the Project, even if such authorization extends beyond the termination of the Project, 13,4. Severabilitv: Further Assurances. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part hereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect, and the parties shall take such further actions as may be necessary añd available to them in order to carry out the intent of the parties as to all provisions set forth in this Agreement. 13,5 Entire Aqreement This Agreement constitutes the entire, complete, and final expression of the Agreement of the parties and supersedes any and all prevJ.ous agreement, oral or written. This Agreement shall not be modified except by written agreement of the parties, 13,6 Construction. This Agreement was jointly prepared by the two parties hereto, each of whom had the right to review same by counsel of their choice. No rule of construction shall be implied against the party actually drafting same, [Next Page is Signature Page) 10 S-Ib Signature Page to Southwest Redevelopment Project Area Agreement for Cooperation between the County of San Diego, City of Chula Vista, and the Redevelopment Agency of the City of Chula vista IN WITNESS WHEREOF, the parties have caused this Agreement, including all attachments, to be executed on the dates set forth opposite their signatures. COUNTY OF SAN DIEGO By: Clerk of the Board of Supervisors Date Approved as to Form and Legality: COUNTY COUNSEL By: Date REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA By: Date Approved as to Form and Legality: AGENCY COUNSEL By: Date CITY OF CHULA VISTA By: Date Attest City Clerk C:\ag\swtax6 s~/7 11 Thís yage íntentíonaIly lift blank. S-IR . "-~, EXHIBIT B CHULA VISTA SOUTHWEST REDEVELOPMENT PROJECT (AS ADOPTED BY ORDINANCE NO. 2420 AND AMENDED BY ORDINANCE NO, 2467)* Fiscal Year ( ) Estimated Tax Increment () Actual Tax Increment Completed by Date CALCULATION OF TOTAL PAYMENT DUE COUNTY LINE DESCRIPTION AMOUNT I Gross Tax Increment per Health and Safety Code Section 33670(b) for original Project Area as adopted by Ordinance No. 2420 -- attach Auditor's statement. 2 Gross Tax Increment per Health and Safety Code Section 33670(b) for amendment area added by Ordinance No. 2467 -- attach Auditor's statement. 3 Total Gross Tax Increment -- Line 1 plus line 2, 4 County Tax Rate Increase Revenue (see Agreement Section 1.7) -- attach exolanation of how amount was calculated, 5 Inflation Factor Revenue (see Agreement Section 1.121. 6 Excess Gross Tax Increment Revenue (see Agreement Section 1.8) -- Line 3 minus lines 4 and 5. 7 Housing Set-Aside attributable to Excess Gross Tax Increment Revenue (see Agreement Sections 1,10 and 1,20) -- attach explanation of how amount was calculated. [Note: Typically should equal Line 6 times percentage (e.g., 20%) specified in Health and Safety Code Section 33334,2 or successor statutes.] 8 Non-housing diversion(s) of Gross Tax Increment Revenue to other taxing agencies or funds (see Agreement Section 1.20) -- attach explanation of how amount was cal~ulated. 9 Tax Increment Revenue (see Agreement Section 1.20) -- Line 3 minus Lines 7 and 8.' 10 County Contribution to Gross Tax Increment Revenue (see Agreement Section 1.6) -- attach explanation if other than 27.15%. 11 County Contribution to Inflation Factor Revenue (see AQreement Section 1.5) -- line 5 times line 10, 12 County Contribution to Tax Increment Revenue (see Agreement Section 1.4) -- Line 9 times Line 10. J3 AMOUNT DUE COUNTY PER AGREEMENT SECTION 2.1 (a) -- LINE 4 PLUS LINE 11. 14 Remaining amount of County Contribution to Tax Increment Revenue (see Agreement Section 2.1 (b» -- Line 12 minus Line 13. IS AMOUNT DUE COUNTY PER AGREEMENT SECTION 2,1 (b) -- IF LINE 14 IS GREATER THAN ZERO, lINE 14 TIMES 66.67%, IF LINE 14 IS ZERO OR LESS, LINE 14 TIMES 100%. 16 TOTAL AMOUNT DUE COUNTY -- LINE 13 PLUS LINE 15, 5-/9 * Worksheet may need to be modified if Project Area is amended in the future. . ,'~> EXHIBIT B fXAHPLE CHULA VISTA SOUTHWEST REDEVELOPMENT PROJECT (AS ADOPTED BY ORDINANCE NO. 2420 AND AMENDED BY ORDINANCE NO, 2467)* Fiscal Year 1993-94 (X) Estimated Tax Increment () Actual Tax Increment Completed by C, Landsman Date 03/24/94 CALCULATION OF TOTAL PAYMENT DUE COUNTY LINE DESCRIPTION AMOUNT I Gross Tax Increment per Health and Safety Code Section 33670(b) for original Project Area as adopted by Ordinance No. 2420 -- attach Auditor's statement, 341,049 2 Gross Tax Increment per Health and Safety Code Section 33670(b) for amendment area added by Ordinance No, 2467 -- attach Auditor's statement. 1,387 3 Total Gross Tax Increment -- Line 1 plus Line 2, 342,436 4 County Tax Rate Increase Revenue (see Agreement Section 1.7) -- attach explanation of how amount was calculated. 0 5 Inflation Factor Revenue (see Aqreement Section 1.12). II8,879 6 Excess Gross Tax Increment Revenue (see Agreement Section 1.8) -- Line 3 minus Lines 4 and 5. 223,557 7 Housing Set-Aside attributable to Excess Gross Tax Increment Revenue (see Agreement Sections 1.10 and 1.20) -- attach explanation of how amount was calculated, [Note: Typically should equal Line 6 times percentage (e.g., 20%) speci fi ed in Health and Safety Code Sect ion 33334,2 or successor statutes,l 20% of Line 6, 44,711 8 Non-housing diversion(s) of Gross Tax Increment Revenue to other taxing agencies or funds (see Agreement Section 1.20) -- attach explanation of how amount was cal~ulated. No inforrJation yet available. 0 9 Tax Increment Revenue (see Agreement Section 1.20) -- Line 3 minus Lines 7 and 8. 297,725 ]0 County Contribution to Gross Tax Increment Revenue (see Agreement Section 1,6) -- attach explanation if other than 27.15%. 27,15% 11 County Contribution to Inflation' Factor Revenue (see Aqreement Section 1.5) -- Line 5 times Line 10. 32,276 12 County Contribution to Tax Increment Revenue (see Agreement Section 1.4) -- Line 9 times Line 10. 80,832 13 AMOUNT DUE COUNTY PER AGREEMENT SECTION 2.1 (a) -- LINE 4 PLUS LINE 11. 32,276 14 Remaining amount of County Contribution to Tax Increment Revenue (see Agreement Section 2.1 (b» -- Line 12 minus Line 13, 48,556 15 AMOUNT DUE COUNTY PER AGREEMENT SECTION 2,1 (b) -- IF LINE 14 IS GREATER THAN ZERO, LINE 14 TIMES 66,67%. IF LINE 14 IS ZERO OR LESS, LINE 14 TIMES 100%. 32,372 16 TOTAL AMOUNT DUE COUNTY -- LINE 13 PLUS LINE 15. 64,648 j':lD * Worksheet may need to be modified if Project Area is amended in the future. RESOLUTION /3 9~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY AND THE COUNTY OF SAN DIEGO TO SHARE TAX INCREMENT REVENUES GENERATED TO THE AGENCY FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, the County of San Diego ("County") has advised the Agency of the potential impact resulting from the adoption and implementation of the Southwest Redevelopment Plan on the County; and, WHEREAS, the County and Agency wish to enter into this agreement to alleviate the financial burden which may be caused to the County because of redevelopment activities in the Southwest Redevelopment Project Area; and, WHEREAS, Health and Safety Code Section 33401, in place prior to the amendment in January 1994 commonly known as "AB 1290", is applicable to the Southwest Redevelopment Project Area and authorized the Agency to enter into agreements to pay any taxing agency with territory located within a redevelopment project area, any amounts of money which in the Agency's determination are appropriate to alleviate any financial burden or detriment caused to the taxing agency by the redevelopment project; and, WHEREAS, in accordance with Health and Safety Code Section 33401 in place prior to AB 1290, the County and Agency further wish to enter into this agreement to provide mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby fmd, order, detennine and resolve that the Agreement for Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the County of San Diego is hereby authorized for execution. PRESENTED BY: APP;YD roJoRM Br ~~ ( ,~4t'- y" (~ kVL / Chris Salomone Bruce M. Boogaard /' Community Development Director Agency General courel C:IWP51 IHA YNESIDOCUMEN1ìCNTYT AXA.RES S -:LJ Thís yage íntentíonaIly lift blank. S ,-:L~ RESOLUTION /7lf 37 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY AND THE COUNTY OF SAN DffiGO TO SHARE TAX INCREMENT REVENUES GENERATED TO THE AGENCY FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA WHEREAS, the County of San Diego ("County") has advised the City of the potential impact resulting from the adoption and implementation of the Southwest Redevelopment Plan on the County; and, WHEREAS, the County and City wish to enter into this agreement to alleviate the financial burden which may be caused to the County because of redevelopment activities in the Southwest Redevelopment Project Area; and, WHEREAS, Health and Safety Code Section 33401, in place prior to the amendment in January 1994 commonly known as "AB 1290", is applicable to the Southwest Redevelopment Project Area and authorized the City to enter into agreements to pay any taxing agency with territory located within a redevelopment project area, any amounts of money which in the City's determination are appropriate to alleviate any financial burden or detriment caused to the taxing agency by the redevelopment project; and, WHEREAS, in accordance with Health and Safety Code Section 33401 in place prior to AB 1290, the County and City further wish to enter into this agreement to provide mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby fmd, order, detennine and resolve that the Agreement for Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the County of San Diego is hereby authorized for execution. ~ì PRESENTED BY: Ape'?D AT ~ BY( ~~ ¡; '<::hlÁÀA- V , UtA/../ Chris Salomone I Bruce M. Boogaard Community Development Director City Attorney C:I WP51 IRA YNESIDOCUMENTICONTYT AX.RES 5 -,23 Thís yage íntentíonaIly lift blank. S -:2- c.f REDEVELOPMENT AGENCY AGENDA STATEMENT Item " Meeting Date 4/05/94 ITEM TITLE: Resolution 1397 Approving an Owner Participation Agreement (Number TCI/OPA 94-1) with Mr. Dan Jordan for the Construction of an Office Addition to the Building at 281 G Street. SUBMITTED BY: Community Development Direct()~ L~' J. ,~^ REVIEWED BY: Executive Director - C1 .~ \ I (4/5ths Vote: Yes - No Å) BACKGROUND: The applicant proposes to construct an office addition to the existing office building at 281 G Street located within the Town Centre I Redevelopment Project Area (see locator map). The Design Review Committee reviewed the proposed project and recommended approval of the proposal. The Environmental Review Coordinator reviewed the proposal and determined that the project is categorically exempt from environmental review, Class l(e). The proposal is being presented to the Agency for consideration and approval of plans through an Owner Participation Agreement (Attachment B). RECOMMENDATION: That the Redevelopment Agency adopt the resolution entering into Owner Participation Agreement No. TCI/OPA 94-1. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee recommended approval of the proposed project subject to the conditions stated on Exhibit B of the Owner Participation Agreement (see copy of minutes listed as Attachment A). The project does not involve any land use decision therefore does not require Project Area Committee review. However, a copy of this agenda statement was forwarded to the Town Centre Project Area Committee members for their information. DISCUSSION The project site is located on the north side of "G" Street between Third Avenue and Del Mar Avenue within the Town Centre I Redevelopment Project Area. The site is occupied by an office building, a 2-car garage structure, and an open space with a 2-space parking area. The site is bounded to the north by a drainage channel, to the west by a commercial building, and to the east by a single family residence. The proposed project consists of adding 657 square feet of office space to the existing office building and 400-square feet of open deck over the existing garage. The existing landscaping is well maintained and no additional landscape is proposed. The subject building is a former single family residence which was converted into an office building through plans approved by the City in 1987. The existing building is used as a real estate office. The proposed building addition will be used as additional real estate office space. (£;-/ Page 2, Item ~ Meeting Date 04/05/94 The Redevelopment Plan designates this site as Central Commercial and allows commercial and professional offices. The underlying zone designates the site as Commercial Office (C-O). The existing building and the proposed addition are classified as professional and commercial office and therefore consistent with the land use designations of the City's General Plan, Redevelopment Plan, and Underlying Zoning. The existing two parking spaces and the 2-car garage provide sufficient parking for the existing office building to comply with parking requirements. However, the proposed addition requires two additional parking spaces. Since the project's site is located within Sub-area I of Town Centre I Redevelopment Area and the Parking District, the applicant is allowed to pay a parking fee in-lieu of providing the two parking spaces. FISCAL IMPACT: The required parking fee is in the amount of $3,500 (2 spaces x $1,750 per parking space). The Redevelopment Plan requires the provision of a fine art feature as part of the project development or the payment of a fee equivalent to I % of the project's estimated valuation. The applicant has chosen to pay the fee in the amount of $365. The project's estimated valuation is $36,450, which will yield $365 annually in redevelopment tax increment revenues. Exhibit 1 - Locator Map Attachment A - Minutes of the Design Review Committee Attachment B - Owner Participation Agreement Exhibit A of Owner Participation Agreement - Drawings of proposed project Exhibit B of Owner Participation Agreement - DRC Conditions of approval Resolution of the Redevelopment Agency [FILR\MZT DISK VIDMJORDAN.RPT] &,J-; - -------~--'--- /-- , i . I L-....J L-.J L-.J L-.J L-....J '---' ,1' I r ~ '---' L-...J L-...J -l ""d-~"'-'\"'(' ;,"'C,." - .. ... ; ~i=RIENDSHIP PARK.' -- - --. . -- "' ..- EXHIBIT f ~Þ:';.J:;(h;:i,~~;:t~:;~ ~ -- -- ... -- Im-c cr CHULA VISTA <{ :I: --.. ,n ill C) u PUBLIC LIBRARY cr :> :x: u 9f~ IlJ i .. ~ .." . ..~.~~-~ ~ _:_:~~~: ". ; w , ~--_. ----:...::> I I ~~_t --- ~-- - Z - --. -.. z I ::::.-. i ---.--- W I I ... ... ~ .------- ..-'..-- >[ - .~-.L- _.~ ~..«: ~ ~;;.f~:çR4Ç'; f~;f;;ff~ ~ ;HFIr¡':_:j [ [ MADRONA DIJIJIIIÐ t ITIIII!IIIID , , . , , :' CHULA VISTA PLANNING DEPARTMENT C!) APPLICANT: DAN JORDAN PROJECT DESCRIPTION: THE REAL ESTATE CENTER ADDRESS: 281 "G" STREET Propose a 675 sq. ft. office building addiûon. SCALE: I FILE NUMBER: (",3 NORTH 1" = 400' DRC - 94 - 25 Thís yage íntentíonaIly lift blank. 6 - If . . Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 (Space Above This Line For Recorder) OWNER PARTICIPATION AGREEMENT MR,DAN JORDAN THIS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT AGENCY, a body corporate and politic (hereinafter referred to as "AGENCY"), and Me. Dan Jordan (hereinafter referred to as "DEVEWPER"). WHEREAS, the DEVELOPER desires to develop real property within the TOWN CENTRE I REDEVELOPMENT Project Area which is subject to the jurisdiction and control of the AGENCY: and, WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee for the TOWN CENTRE Project; and, WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the AGENCY hereby approves the development proposal as submitted by the DEVELOPER; and, WHEREAS, the AGENCY desires that said development proposal be implemented and completed as soon as it is practicable. NOW, THEREFORE, the AGENCY and the DEVEWPER 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 568-350-28 located at 281 "G" Street, attached hereto and by this reference incorporated herein. 3. The DEVEWPER covenants by and for himself, his 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. RACO-O6-94 (TCI/OPA 94-1). B. DEVELOPER agrees to obtain building permits within one year 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 said one year, the approval of DEVELOPER's development proposals shall be WPCo Po\HOME\CCMMDEV\STOREDIMRJORDAN.OPA ~,5 -'- . 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 and for himself, his 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, trartsfer, 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 himself, his heirs, executors, administrators and assigns, and all persons 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, trartsfefring 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. " 4. DEVEWPER 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 parking facilities, common areas or other public facilities which benefit the real property, subject to this agreement, that DEVELOPER hereby waives any right they may have to protest the formation of such Special Assessment District. Said waiver shall not preclude the DEVEWPER from protesting the amount of any assessment on such property. 5. DEVEWPER agrees to expend a minimum of one percent (I %) of the project cost for fine arts on the project. In the alternative, the DEVEWPER may, with AGENCY approval, contribute such amount to the AGENCY. The contribution will be used by the AGENCY for fine arts within Subarea I of the Project Area. The amount shall be determined by the CITY OF CHULA VISTA's Building and Housing Department's estimation of building valuation as noted on the DEVEWPER's building permit record. 6. DEVEWPER agrees to submit to the City an in-lieu fee for parking as required by City Council policy adopted by Resolution No. 9943. Such revenues will be utilized to expand and/or support commercial parking spaces within Town Centre 1. 7. DEVEWPER agrees to accept the attached conditions imposed by the Design Review Committee and the Redevelopment Agency as described in Exhibit "B. " 8. DEVEWPER agrees to maintain the premises in FIRST CLASS CONDITION. WI"" 1',IHOMBICOMMDEVISTOREDIMRJORDAN.OI'A 6~h -- , A. DUTY TO MAINTAIN FIRST CLASS CONDffiON. 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 govermnental 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 Of 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 it is not, he (1) will notify the owners in writing and (2) extend 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. In the event that there is a dispute over whether the 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, mearts Restoration which is necessary to keep the Premises and Improvements in efficient and attractive condition. 9. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 10. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein wrc, F,IHOMEICOMMDEVISTOREDIMRJORDAN.OPA ~,1 . are for the express benefit of the AGENCY and for all owners of real property within the boundaries of the TOWN CENTRE 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 TOWN CENTRE REDEVELOPMENT Project Area. 11. 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: By: Tim Nader, Chairman "DEVELOPER" DATED:)r?:þJHJJ~ /f.J?'f By: £1ø~~ Mr. Dan lor State of C/k-lFoRÆJ//1 } CAPACITY CLAIMED BY SIGNER(S) Coul'Ii9of .st+-i-J ";h /1Z6 ð J(INDIVIDUAL{S) ¿,<.J £5]7-/ 6. Uhm.ER, 0 CORPORATE On ,0;;2, 18-<14- before me, OFFICER(S) (DATE) (NAME. TITLE OF OFFICER .I.E. 'JANE DOE. NOTAAY PUBUe') (TlTLE(S)) 1 J)!9N .Jõ /ZD,q AJ 0 PARTNERS personally appeared 0 ATTORNEY IN FACT (NAME(S) OF SIGNER(S)) 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR ~ersonallY known to me - OR . 0 proved to me on the basis of satisfactory evidence to b~ 0 OTHER: the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to OFFICIAL SEAL me that he/she/they executed the same in his/ KENNETH G. WEIMER her/their authorized capacity(ies). and that by SIGNER IS REPRESENTING: Notary PubIIc-CaIIforr Q his/her/their signature(s) on the instrument the SAN DIEGO. COUNtY person(s), r the entity upon behalf of which the (NAME OF PERSON(S) OR ENTITY(IES) J My~ =- person(s cled, executed the instrument. 7YMJ ..::Jõ Æ? D 1'7 6. 1 Wijnes my hand and offici al. ~ I (SEAL) (SIGNATURE OF NOTAAYj ATTENTION NOTARY: ThB information raqu is OPTIONAL. It could, however, preyent Iraudulenl attachmBnt of this certi THIS CERTIFICATE T e or Type of Document MUST BE ATTACHED TO THE DOCUMENT umber of Pages P, Date of Document DESCRIBED AT RIGHT: Signer(s) Other Than Named Above AJ WOlCOTTS FORM 2"-,All PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITY/REPRESENTATION.R" 12.92 ~~~ CI992 WDLCDTISFORMS. INC - - -------_._,---------- " ~ ~, EXHIBIT A I~ ' MI>' '" . Q! ! G> OJ> '" 1 I! [[hl,Lo"," ~ ~ ì!~ ~n ~ 1!,lh~ m ~,' ' :,~N~ ~~u :h~ ~ .' '~~~.:..~ I/"~IJ; '" ' ~~!J!~~ }~ I .,a~¡~d 11:..r,'".~,~., ~ ;:g¡!¡', iiI, ~' ~:~~ .~~~ ~ ~'I ; (> }> Ii r ~ >0" :.Æ"f .lh~ I,"," Z " . ÞÞbË' ... nt ~ '~k ~~~ .' !Ii Pfr¡1 gE't;' e, I~','~~ <Ii Ii f, I ",iI i ~ Ii.1' 6' '~~ ~~ß! t ¡~ I tl( ~ ~ ~ , ~,~ If ¡, nIl M ., " '" "i ¡; ! ., , , . 'r ~ 1!¡¡¡lli¡ji,ìi¡;iiï;W : Uil'ì:jlHJlillilli~ ~ 1¡lhll¡IIIII[!:Jh!¡f ~1~,lit!,a ~ 1I!!!II%w: III','II'I'!'I '! ~ l¡f~lql'II¡'¡1 .: I r I 11'1, ,II I' I I ,',ìi,! !f" 't!¡ s IH I} _It I'll .' I " J', () !. . I 'II I ¡¡il! -¡lfl i! ~ i¡j I ! Iii I' '111"f I , " 'I 1,- !.' :hl': fl ! ! ; ¡ ¡¡ff ,t,"l I J} ': . "I II' I ((J ¡ . I e ). \ :... 'tbe Rtsl &ute l:>ntd' Robin J, [trimkiin " * .' :, ~ ! H It'. "'....... -_.~-_._-~ A N , "0..10.,,,,0.. ;::::;,:::---- BD "I I ." """" " I " I .. -----.-- --------- ~ EXHI:BIT A "w-< DÆn"'1 25""""""""" ~ " ~ { z ' ~~ þ~ ~ ~ ~~ ~ '.:~ S » - ~ z ~ r fTl < fTl r =0' ï ~ do"~ J!ð'o' t ' t--7----- ~ '[ ~ Ç\ G1 ~ Ì'Þ ~ ~~ r ~G1 ~ ~ ~ ~'" fTl £ .. ~ ~~ ~ ~ __l_____--_J ~ ~ ~ ~ C7 ~/O ~, Robin J. Franklin 1ill.. - 1. k19E.4L ,éš",7Z &Æ<: --_.~--_.__.- BjD i ;I MY .ð<ð<1' ,!ß/ ,,'J7?I£¿T ,,-.W...., """" 61. , ~ ~ (f) 0 c -; I I ¡ m I » (f) -; ! ~h. . . . ~ ~ ~ . ~ ¡ ~~ ïP~ , .. ~ ~. z r II f~ f~¡ 0 ~ ,. ~ , ::0' I ,~ . -; f,.. 1m I ,". $! I '. ¡ ~ i 1 ~ ~ If~ ~ ~ I~ ~. ~ . ~. . ~ ~ '. q~; 00 ~ ~ ~"~~ ~ I r ~ 't~ n~ r I\. "" ~ h-' 0 f :t d.~~g::o ~ '¡, ~~!H (f) x: ~~1 ~ ~ . ~ k à ~ ~ fe/II . 0 ' ~~. J' , ßobin J Fmnklin Ala. I: 11~I~tll' #£oäl(c,:;""" Crhn:« .:::::-'.~':".:!~'-'-""-'Y_"~" -, . I I :1IOWh'QVt ""..~ IJ D I ! . ; . ~ ; EXHI:Blr A I , I ~ -.I! i ¡ ¡ [I ..1 ¡I II ~ i:' I .~ I i ~ f" I ~ -J , fll ' , I ' I (j) ~I :'°' I - 'I i ' I ~ I I ~ ~.~ I L-- ~. ~ ~ i 0 1,. : i /t;-/'þ . ~ "",..a.. Ro'" J. F"""" *". OIl .¡~. m<: 4. Es?:.l'E û,-"'1 -_.~-_._-- i =~~._. BD Ii. ¡ i ! . . I . EXHIBIT B MR, DAN JORDAN PROFESSIONAL OFFICE ADDffiON 281 G STREET DESIGN REVIEW COMMITTEE CONDITIONS OF APPROVAL 1. An in-lieu parking fee of $3,500 (two parking spaces) shall be paid to the City prior to the issuance of any construction permits. 2. A fme art feature with a value equal to I % of the project valuation shall be submitted or a fee of equal amount shall be paid prior to the issuance of any construction permits. 3. If the applicant chooses to provide a fine art feature, it shall be sübmitted to the Design Review Committee for consideration and approval. & _/3 Thís yage íntentíonaIly lift blank. ¿~¡tf - MINUTES OF A REGULAR MEETING OF THE DESIGN REVIEW COMMITTEE A IT ACHMENT A Mondav Januarv 24 1994 Conference Rooms 2 and 3 4:30 p.m. A, ROLL CALL MEMBERS PRESENT: Chair Gilman, Vice Chair Spethman, Members Rodriguez, Way, and Duncanson MEMBERS ABSENT: None STAFF PRESENT: Principal Planner Steve Griffin Associate Planner Luis Hernandez B, INTRODUCTORY REMARKS Chair Gilman made an opening statement explaining the design review process and the committee's responsibilities. She asked that all speakers sign in and identify themselves verbally for the tape when speaking. D, PRESENTATION OF PROJECTS TOWN CENTRE I 1. DRC-94-25 Real Estate Center 281 G Street Office Addition Staff Presentation Associate Planner Luis Hernandez presented the project, noting that the committee's action would constitute a recommendation to the Redevelopment Agency. He reviewed the proposal, which consists of a 600 sq.ft. addition over a parking garage at the rear of the existing structure. Mr. Hernandez stated that staff recommended approval of the project, subject to the conditions listed in the staff report. Committee Discussion Member Spethman asked if the applicant intended to provide a fine arts feature; Project Designer Robin Franklin stated that the applicant would most likely pay the in-lieu fee. MSUC (Gilman/Spethman) (5-0) to approve DRC-94-25 subject to the conditions stated in the staff report. & - ¡ç; -.-- Thís yage íntentíonaI1y left blank. h -/~ RESOLUTION /.317 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT (NUMBER TCI/OPA 94-1) WITH MR. DAN IORDAN FOR THE CONSTRUCTION OF AN OFFICE ADDITION TO THE BUILDING AT 281 G STREET WHEREAS, Mr. Dan Jordan is proposing to construct an office addition to the office building at 281 G Street located within the Town Centre I Redevelopment Project Area; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project and has determined that the project is categorically exempt from environmental review, Class l(e); and WHEREAS, the Design Review Committee has reviewed the proposed project and has recommended that the Redevelopment Agency approve the proposed project subject to the conditions listed in Exhibit B of the Owner Participation Agreement; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO-O6-94 (Town Centre I OPA 94-1), approving the construction of an office addition to the office building at 281 G Street and depicted in Exhibit A and subject to conditions listed in Exhibit B of said agreement. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, detennine and resolve as follows: 1. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and Mr. Dan Jordan. 2. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by: ltlj~ ~ '~Sa-°~......~ Chris alomone, Executive Secretary and Bruce M. Boogaard Community Development Director Agency General Cou sel [FILE,\MZT DISK VIDkIJORDAN.RES] /0_11 This yage íntentíonaIly lift blank. /:;,/9 REDEVELOPMENT AGENCY AGENDA STATEMENT Item 7 Meeting Date 4/05/94 ITEM TITLE: Resolution /398 Approving an Owner Participation Agreement (Number TCI/OPA 94-2) with IDM Satellite Division, Inc. for the Remodelling of Commercial Building at 311 F Street. SUBMITTED BY: Community Development DiÁector [~ç t REVIEWED BY: ' l -;~\Ì\ Executive Director~\ .\ \Jh" ,\: (4/5ths Vote: Yes - No X) BACKGROUND: IDM Satellite Division, Inc. proposes to remodel the existing commercial building at 311 F Street located within the Town Centre I Redevelopment Project Area (see locator map). The Design Review Committee reviewed the proposed project at its regular meeting of March 28, 1994 and recommended approval of proposal. The Environmental Review Coordinator reviewed the proposal and determined that the project is categorically exempt from environmental review, Class lee). This proposal is being presented to the Agency for consideration and approval of the remodelling plans through an Owner Participation Agreement (Attachment B). RECOMMENDATION: That the Redevelopment Agency adopt a resolution entering into Owner Participation Agreement Number TCI/OPA 94-1 with IDM Satellite Division, Inc. subject to the conditions listed in Exhibit B of the Owner Participation Agreement. BOARDS/COMMISSIONS RECOMMENDATION: The Design Review Committee reviewed the proposed project at its regular meeting of March 28, 1994 and recommended that the Redevelopment Agency approve the proposal subject to the conditions listed in Exhibit B of the Owner Participation Agreement (see copy of minutes included as Attachment A). A copy of this agenda statement was forwarded to the Town Centre Project Area Committee members for their information. (No land use decision required). DISCUSSION The project site is located on the north side of F Street between Third Avenue and Landis Avenue within the Town Centre I Redevelopment Project Area. The site is developed with a commercial building which in the past was used by commercial, office, and public uses and is currently vacant. The site is bounded to the north by the Landis Parking Lot, to the west by an office building, and to the east by a commercial building located across an alley. The proposed project consists of adding 630 square feet of space to the existing 6,246-square foot building. The remodelling proposal consists of modifying the elevations of the building and introducing a new design (see plans attached as Exhibit A of OPA). The proposal also consists of increasing the building height to add more mass to the building and to create a more spacious interior. New landscaping is provided on the east side of the site and includes a combination of planting and hardscape materials. The subject building is being proposed as the site for the City of Chula Vista's future Telecenter. The Telecenter will provide office space and technological facilities for office employees who normally commute from Chula Vista to other areas of the County. The purpose of the Telecenter is to reduce the number of daily automobile trips and thus reduce traffic on the 7-/ Page 2, Item l- Meeting Date 04/05/94 highway system and its impacts on the environment. The general use for the telecenter would be as office space. However, it would also provide space at this facility to afterhour users such as distance learning centers and other community related purposes. The general office use of the building is an allowed land use at this site. However, the proposed distance learning use requires a Special Land Use Permit. Because of the need to expedite the review process, Staff is at this time only processing the plans for the remodelling of the building (this does not involve any land use issues). The Land Use Permit for the partial use of the site as a distance learning center will be processed subsequently. The permit will be presented to the Town Centre Project Area Committee for review and recommendation and to the Redevelopment Agency for final approval. Currently, the site does not provide any formal parking and this is considered a "grandfathered" condition. There is an area at the southeast portion of the building which has been used for parking. However, this is not considered a formal parking area because it is not in conformance with the City's parking regulations. The subject plans propose to use this area to provide landscaping and hardscaping area (see plans attached as Exhibit A of OPA). This will greatly enhance the appearance of the site and will remove a substandard parking condition. The removal of this substandard parking area will not have a detrimental effect because sufficient parking is currently provided at the Landis Parking Lot just north of the subject building. The expansion of the building area will require one parking space. Since the project's site is located within Sub-area 1 of Town Centre I Redevelopment Area and the Parking District, the applicant is allowed to pay a parking fee instead of providing parking space required. The parking fee is in the amount of $1,750. FISCAL IMPACT: The proposed project will yield tax increment revenues of approximately I % of the project's estimated valuation. In addition, the developer will pay a one-time in-lieu parking fee of $1,750 for one parking space which will be deposited in the parking fund to contribute toward the construction of public parking lots. Exhibit I - Locator Map Attachment A - Owner Participation Agreement Exhibit A of Owner Participation Agreement - Drawings of proposed project Exhibit B of Owner Participation Agreement - DRC Conditions of approval Resolution of the Redevelopment Agency [FILE,IMZT DISK VffiA,\IDMSATTE.RPT] 7-:6 --'-,. .... .., :> :> ... z z ... .... w > ,- > .. <II <II D =cpJ 0: ~.- r- ~ w 0 -- ~ ,- .; .-. .... ... - w .-. ....'- ' > ---- - -- ::~c,.--« -:- .u :: ::,-:'.",' :~"T " , :...-.. '.".' ,"'c' ,In' " - 'FRIENDSHIP PAR'K' .. .;,;.J;¡:,,::'<tLk;:~I;'~':;; I ..- .. 0: a: CHULA VISTA;; J: ..., PUBLIC LIBRARY ~ :> .., J: . , ... <.J :' ... -' - i F ST~~,E,~. .' t 'NORIoWI :,PA~ K :" ~<~:';¡: ~ \~';:;"" "'~:'.:.. '.-T'~ I I t .., ...~.-- z__:'~'::. z W I I W.. w .--.,--- i W ::¡ 1 ::¡:> ....~-.. :--:--- > z . z Z ..J. ~..~.. w" "'~-"--~ W ,. ,~" < >;;~~;:{:":j:'>'::-;:;';:/;.'~';,:;"""",,,-l'" ~ ... ... ~ ci: CYPRESS' ., '...,.",........'..... '"",;-:"","-"" e ~.... " "". /~,/~,.~.~ ,~E,M°!'l ,AL . PARK" .".-::~'.:~:;:. ~"'~':'1~_:'~'~':'~:: ....,',:r"""""""~/':'~""-:";"':.':~'I':';"~""(í~. . ~""""':"" ... """"..""""",;., ,0""""'" ,-- :C~ffiBDEWAY Do . . '~A'D~~~~ I -. ,-- ....."..", ,'" ",'" a:'" [JJ]J]]ITI . --", ,. .' '" ,.,', , t : ¡::::. 0 . ' ~ ' . ,:. i"::' , " u. . . . . mm-rrrrTTl to-. l.LLl.LLL1.l..l G STREET I I I I : : . 0, . .. .. :. : , I ' I , II :::..,...,.:::0: .,J.. 1..L_~ ... ........-.', .. f I ::: ", J: ., ' ,.. .., <.J ,.. a: JORGE V ALERDI 1 311 F Street LOCATOR DRC ) Office Addition -94-35 7~3' Thís 'page íntentíonaIly left blank. 7~1f \. ) 1HE CITY OF CHUlA VlSfA DISCLOSURE STATEMENT You are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the Ciry Council, Planning Commission, and all other official bodies. The following information must be disclosed: 1. List the names of all persons having a financial interest in the property which is the subject of the application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier. JDe~~ VA 1-£R.. 0 i 4<.) (LLé{( J.-AV c;;vz.¡.--\~v ...LDM t~ =Ii i \; 2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. JO¡¿C::. '(¡}L&O ( (F; 7v1 <4 X-Ot--'l) (9v'. I);) {Q '11-+'1 ( 1'::' Q.<:\ VI (Vi) 1-\(I "Tù l~~ I). eAnAM ("/0 3. If any person* identified pursuant to (I) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. .^'\ I e, 4. Have you had more than S250 worth of business transacted with any mem~thc Cily staff, Boards, Commissions, Committees, and Council within the past twelve months? Yes- No_If yes, please indicate person(s):- 5. Please identify each and every person, including any agents, employees, consultants, or independent contractors who you have assigned to represent you before the City in this matter. ~u~~ úk\~\.^~ D.;> , ~~ ß\L\.... Cù!1..,)~w , -L~ e~ ~\ LL¿e/Vo..;) G.'-'2.I-¥><..J I P40Vv- 6. Have you and/or your officers or agents, in the aggre~ contributed more than SI,OOO to a Councilmember in the current or preceding election period? Yes- No- If yes, state which Councilmember(s): Date: ~O-, ~ " . . (NOTE: Attach additional pages as . Lr 1 lq<:{/-t 7-5 Print or type name of contraclor/applicant " P'T>Otl is dcfitlcd as: "Atly individuo~ finn, co.parrt..rn.ip, join! venture, associotiOl~ social club, fro_1Il1 OrgOlUzatior~ corporotio'~ cstal~ trust, m:civcr, syndical~ 'hi, ""'/ ",w nfh~ r~m^' riw "ffA rm""", riw ""miri,,"Uw Ai.mrf nr ",.~ ,,"1;,ir"I~Mivi,in" nr am or}"" PT"un nr combination acti>.. as 0 wUL. Thís ¡age íntentíonalIy left blank. 1-b II If A' TTITe H /Y1E1\J1" t"" MINUTES OF A REGULAR MEETING OF THE 't'ij,,? DESIGN REVIEW COMMITTEE (r.;~,;¡,1~ 4r~ Monday March 28 1994 Conference Rooms 2 and 3 .. 4:30 p.m. A, ROLL CALL MEMBERS PRESENT: Chair Gilman, Vice Chair Spethman, Members Rodriguez and Way MEMBERS ABSENT: Member Duncanson (with notification) STAFF PRESENT: Principal Planner Steve Griffin Associate Planner Luis Hernandez Community Development Specialist Miguel Tapia B. INTRODUCTORY REMARKS Chair Gilman made an opening statement explaining the design review process and the committee's responsibilities, She asked that all speakers sign in and identify themselves verbally for the tape when speaking. C. APPROVAL OF MINUTES MSUC (Gilman/Rodriguez) (4-0) to approve the minutes of the February 28, 1994 meeting, corrected on page two, paragraph five to add that signage approved in the first sentence was for the Petmart building. MSUC (Gilman/Speth man) (4-0) to approve the minutes of the March 14, 1994 meeting, as presented. D, PRESENTATION OF PROJECTS 1. DRC-94-35 Valerdi Office Building 311 "F" Street Office Expansion and Exterior Remodel Staff Presentation Associate Planner Luis Hernandez reviewed the proposed office remodel, indicating that there will be an increase in height to allow for a greater ceiling height (but which will not add a second story). The proposal also calls for a 630 sq,fL addition to the existing building. Staff recommended approval subject to the conditions listed in the staff report. Mr. Hernandez stated that the project did not include on-site parking but that an in-lieu parking fee would have to be paid for the required parking for the addition (2). However, contrary to what ws stated in the staff memorandum, the existing facility does not have parking; therefore, the condition related to this needed to be modified to reflect this reassessment of the existing site. 1-7 DESIGN REVIEW COMMITTEE -2- MARCH 28. 1994 Committee Questions/Discussion Member Spethman asked if the windows will be tinted; applicant Jorge Valerdi stated that there would be a light tint. In response to questions, project designer Juan Quemado stated that the window frames and the front doors will match the roof color, while the loading door at the alley side will be painted to match the stucco color; additionally, the projection of the existing roof overhang will be reduced to approximately 3'. Members discussed screening of the satellite dish. Member Rodriguez suggested that some detailing for the screening be provided, but not necessarily duplication of the level of building detail seen on adjacent structures; other members agreed. MSUC (Gilman/Rodriguez) (4-0) to approve DRC-94-35 and forward a positive recommendation to the Redevelopment Agency, with approval subject to the conditions listed in the staff report, and with the direction to staff that the satellite dish have some detailing to relate to the parapet. MSUC (Gilman/Rodriguez) (4-0) to amend the first motion by modifying condition "au to read as follows: "An in lieu parking fee equivalent to the number of parking spaces required for the new office floor space shall be paid prior to issuance of building permits". 1-S Recording Requested By: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 When Recorded Mail To: CHULA VISTA REDEVELOPMENT AGENCY 276 Fourth Avenue Chula Vista, CA 91910 (Space Above This Line For Recorder) OWNER PARTICIPATION AGREEMENT IDM SATELLITE DIVISION, INC, THIS AGREEMENT is entered into by the CHULA VISTA REDEVELOPMENT AGENCY, a body corporate and politic (hereinafter referred to as "AGENCY"), and IDM Satellite Division, Inc. (hereinafter referred to as "DEVELOPER"). WHEREAS, the DEVELOPER desires to develop real property within the TOWN CENTRE I REDEVELOPMENT Project Area which is subject to the jurisdiction and control of the AGENCY: and, WHEREAS, the DEVELOPER has presented plans for development to the Design Review Committee for the TOWN CENTRE Project; and, WHEREAS, said plans for development have been recommended for approval by said Committee; and WHEREAS, the AGENCY hereby approves the development proposal as submitted by the DEVELOPER; and, WHEREAS, the AGENCY desires that said development proposal be implemented and completed as soon as it 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 568-152-28 located at 311 F Street, attached hereto and by this reference incorporated herein. 3. The DEVELOPER covenants by and for himself, his 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. RACO-13-94 (TCIiOPA 94-2). B. DEVELOPER agrees to obtain building permits within one year 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 said one year, the approval of DEVELOPER's development proposals shall be wpc, F,IHOME\COMMDEV\STOREDlIDMSATTE.OFA 1-1 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 and for himself, his 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, transfer, 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 himself, his heirs, executors, administrators and assigns, and all persons claiming under or through him, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discfimination 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, numbef or use, or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased. " 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 parking facilities, common areas or other public facilities which benefit the real property, subject to this agreement, that DEVELOPER hereby waives any right they 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 expend a minimum of one percent (I %) of the project cost for fine arts on the project. In the alternative, the DEVELOPER may, with AGENCY approval, contribute such amount to the AGENCY. The contribution will be used by the AGENCY for fine arts within Subarea I of the Project Area. The amount shall be determined by the CITY OF CHULA VISTA's Building and Housing Department's estimation of building valuation as noted on the DEVELOPER's building permit record. 6. DEVELOPER agrees to submit to the City an in-lieu fee for parking as required by City Council policy adopted by Resolution No. 9943. Such revenues will be utilized to expand and/or support commercial parking spaces within Town Centre I. 7. DEVELOPER agrees to accept the attached conditions imposed by the Design Review Committee and the Redevelopment Agency as described in Exhibit "B." 8. DEVELOPER agrees to maintain the premises in FIRST CLASS CONDITION. wpc Po\HOMElCOMMDEVISTOREDlIDMSATTEOPA 1-10 --- 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 it is not, he (1) will notify the owners in writing and (2) extend 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. In the event that there is a dispute over whether the 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, or on appeal by IDM Satellite Division, Inc., the Redevelopment Agency shall resolve that dispute and both parties shall be bound by this decision. In the event that the Director decides without dispute, or the City Manager or the Redevelopment Agency 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. First class condition is meant to include the reconstruction of the building in case of fire, earthquake, or any other natural destructive event; it includes repairing any damages caused to the building by individuals or machines; it includes removing any and all types of graffiti and/or any painted, or marked inscription on the elevations of the building by vandals, gangs, or other unauthorized individuals; it also includes the restoration or re-application of paint in whole or in part to the exterior wpe, F,\HOME\COMMDEVISTORED\IDMSATIE.OPA 1-11 _- surfaces of the building if the original paint or paint material begins deteriorating, chipping, peeling, cracking, or fading; it also includes maintaining the landscaping areas in healthy and lush condition and any plant material that dries out or dies must be replaced by the same Of better type and quality material; in addition, first class condition includes maintaining the exterior areas of the premises free of trash, dirt, and debris. These conditions will apply whether the building is occupied or vacant. 9. AGENCY and DEVELOPER agree that the covenants of the DEVELOPER expressed herein shall run with the land. DEVELOPER shall have the right, without prior approval of AGENCY, to assign its rights and delegate its duties under this Agreement. 10. 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 TOWN CENTRE 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 TOWN CENTRE REDEVELOPMENT Project Area. I!. 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: By: Tim Nader, Chairman "DEVELOPER" DATED: By: Dr. Jorge Valerdi, Chief Operating Officer IDM Satellite Division, Inc. APPROVED AS TO FORM BY: Bruce M. Boogaard, Agency General Counsel NOTARY: Please attach acknowledgment card. Town Center I WI'"' P'\HOME\COMMDEV\STORED\IDMSATTE.OI'A 1-/~ -.- - 01 . ' . l :: , ~ J! r 1"1"' '" r' vp ~:::'F';;¡;¡ rr 'rf1"F"~i" ~:;;'I"""""'" """i"!" .. r' . , 1Iiflít~lm..nlll:i"'¡¡rllmJI;¡I'l'oI':II¡;;i¡;'!i!!!~¡r¡~~IIIIII"!!!I¡¡¡1limJII !II,1]1:~'"ßlj!liii:¡~llIliil ",., 1 1'H~;¡"""II,II!hl'!I,'I¡'III:.t'IIIII,lillllll'II"'IIi/II,,!,1 EX TA ~lq~.I:'11 'I"I r II 1'1. $$ II it ' , . 1/.8. .' ' . .; '""R 1" I a 'FoLlI' ar,""'."'f!' "'i'I'O' . fI"i'i'~ .,. ¡'i ...,-!:;. 'W'.~ I" ; fD¡ ~"t~ 11:!!:¡'.'I'III!i:I¡¡:::JI:t¡II¡I¡!ëI11l',!i'UI,,::um~I¡I!U(ij¡llijrl~:r."11illq¡¡;¡¡ï1i111 ' ,i'l,¡.I'"¡lml'i:'~'¡;!i'I'I'lilllb;'n"I:¡'ii¡I'I¡lllil;¡¡"Ii . I.!.' ~ I ! I I, I II I! I I I I 1 I I I ! I I ¡ I I I I :" õ F I ~ - I II I H I I I t=j IIIIIIIII I~, , I '<:J'~ - I .~,- ¡¡ I I I I ' .- I I I I. I 1 ~ I I I I ' , I -, I I I I I ',I I I I i Î 'I I ¡ I I I I I I I I . l' I 'I';!!! II' i¡! ! " " , été',~'! lip bll !='¡' Ii i" I: II' "'1 I ~ ' ¡ II, . :to' 'I "'¡ji! ~rn !'i,i;~;!I!I!!;¡ !1 I . ¡¡Ihlll .1-"I:~'111" Ii!!! ~_.. .;lli;' !!:; 'PI r .." ---- " -'. ,þ I. '!,!, ;~;;:; 1';£1[' I 1 ! :' '! .. ¡ . ¡ '. I ' mJl I ~a rf--I/3 i , LANDlS,AVE EXHIBIT A (; , '---:' -- --~ --.- i '~...--I / , , - '.;: I ' '~~, ! .',W ¡¡, '" .~cJ T. ¡ 7t--_c ¡" -~"'--', -----J~I,~,ð/ , t '<[' L ---, " -- /, ¡,~ i : " d. '",rJ 'C ¡,', ~ I ,.'1' 0' II ~ ; I . ': - ". , .' -I - "~I" - i ! i., Ii Hi: :, i,',\ 0:,: -. 1'1"" .. ! . 'I' : :: ; 0>',' ':,;; ¡:~ 'I" -< I. ",' ,: ,;. I :0; ,1' ': i ¡'/T" S! ¡." ¡ Ii "/l j !,!J I Ii' .f/ ., ~ . It I " .,J . ;;.~ \ "'. / - "' "-", "~-----, - = ..', ,lL ~-'. ., '" '. """"""'J1f/i'.,. ill'l' : ,I. ]§"",.".".",¡¡""""""","',!I m:-1V,;.:,' 'u .! '- .d', ""',],' " :!:' /~ ","'1'>:""'11,' HI' i_' 1 " '- ,. -"" . , ' '..' - - --./ --.--------r - -" --., I . . "" './ . I ---',; : , '~~----------""'-===-----------"---~- . .. : ""-"1' I : it f I I . 'ALLEY , : '...,¡ I ..... "';'" l..'~ ,..J '! -t< ,#,- ~, I ~. .. r- > z .. . : .' ¡ : '7Q g.' "'-"'" 1>1>1>1>1>L>ft~'n~'~,:¡~£g .,@"",,:, ~ ¡ ~ If;!!!!! S~t . > ' '¡1~!¡'.3' ," ; -. - '. ~fl' ~~!!~ ~;~ mfL H ~ /if ," - '-~~!lI~~~ ,,' t d' . ," , , .' :__!~'I" .00 , ------- ' :,',;~~~:;è:riti;) ';>:,~>. . -' :." .. i¡ I. oo :1 :.' EXHIBIT ,A '" en ~ I ~ , ~ ::: : 0 :i , ~ i m : 0 ~ ~! ~ ¡ " ,. ~ : m ,. ~ ALLEY ! 1 ~- .._---------- -- - -t : I : i ! . . i .~--tt' ;- ," .' I~r ~. . ¡ i iT I i ~ . i 1 . ¡" ; I ,:: ~ ;; ~ --- ¡¡ .. = 'I g . ~ Ii ~-I I I- ..- ~- -1' I m' ." ~ 1>1>1>1>1>i>~ Ë~~ ~~g ~ :ü:~:~~~~i~*i~i~.. "11:fJ l~:i i " J ,,',. "i" ' ", . ~ ; ," " ;:~~~,r,;>"._~~'(.' ~ '1,"',:',';'<' '-" , " EXHlBlfA- ; , ,i ¡ , , ." ~ '. "",. 1 , ~ 1- 0 " 0 . . 0 . ~ t ' . ~ k ." r ,. Z ".. I I' . 1 -- I ~ I I , ~ i .' ! 't ',; I . I; . ,, ¡, , , ~: ! ,.' ; ,! ~ .~' . <=== ¡ , . '. . .. , ~. , Ii; . , ¡ I I- .- J j ;~ ,~ '- ".. ~ 'f" J1J ,i7'/(, ':' .""BJJ[rrrr¡Mi_¡~~ ,Ii "",,':-;'t:~;;;.-<,;.;;-;., "-',.,-, ': ~~~ : I . ,. I 'j' 11 EXHlBlTTA . . I : 1 I 1. ! L ¡ I: 1 ~ I ;¡ '{ I ! 0 . , i ¿; ~ ! I en J ~ ' j:: I' i ~ """,¡ Õ I ~ z l , " " : ì ::, ¡ . I I : i I I 0 0 I I ! : I I I~ [I~ f1 U!I ~ ¡ .§' i"i !i 'I ~ : ,¡ , )'i s.r i z '¡ Sf en ! 0 I Ie '" , m I :i! ¡ , :i I&;. I '" ! m I ... r Pml :;; 'n f!I ~ < '" 0 > 0 ~ I 0 ~ g 'j D ~ 2- z" I " 1f ! : o. j; , i II t>t>t>t>t> t>a ~" B ~ "I ¡:£~ rffij ' 7 ~ /7 ,I I ,¡ ~. ~ ¡;~W ! '>-00' '~' 2,:1 ~~ã 0': :!"o - "." , " . - ".> 0" + I; . ~~ j;;:;~L;. " " ;<111111 rr ~ ~;;mF " "'._,,~ . . .,---,~'-'" . .' - . . . :",","',.' ., ,. ., . ,': .', .' . . J ,.-.".,..:. EXHIBIT ',A I , '1 . ~, i ¡ I . . I : ~ ~:. '. I I I I i 1 - -- ; 8".."ltwu ~ ! . I; . ' .' . ,. " '!i" "î I :¡ 7~/g I . <: ..!~,¡¡í~~~ ~r ,,"',' - ¡ "1 > ~ ce'" ..:..:"",,:.!¡~1!!~~~t; '" '=-':.'¡'" ~ßo.!.'. !: ... ..., i: EXHIBIT B IDM SATELLITE DIVISION, INC, BUILDING REMODELLING AND ADDITION 311 F STREET CONDITIONS OF APPROVAL 1. An in-lieu parking fee equivalent to the number of parking spaces required for the new office floor space shall be paid prior to issuance of building permits. 2. A fine art feature with value of I % of the project's construction valuation shall be submitted to the Design Review Committee for review and approval, or a fee of the same amount shall be paid prior to issuance of construction permits. 3. Landscape and irrigation plans shall be submitted to the City Landscape Architect for review and approval prior to issuance of building permits. 4. A sign program indicating the precise location of all wall-mounted signs and/or a freestanding sign shall be submitted to staff for review and approval. 5. A separate permit along with more specific information about the satellite dish and the proposed screening solution shall be submitted to staff for review and approval. 1-lcr "-.' Thís yage íntentíonaIIy lift blank. 1-,10 RESOLUTION /.3 98 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT (NUMBER TCI/OPA 94-2) WITH IDM SATELLITE DIVISION, INC. FOR THE REMODELLING OF COMMERCIAL BUILDING AT 311 F STREET WHEREAS, IDM Satellite Division, Inc. is proposing to remodell the commercial building at 311 F Street located within the Town Centre I Redevelopment Project Area; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed project and has determined that the project is categorically exempt from environmental review, Class l(e); and WHEREAS, the Design Review Committee has reviewed the proposed project and has recommended that the Redevelopment Agency approve the proposed project subject to the conditions listed in Exhibit B of the Owner Participation Agreement; and WHEREAS, the Redevelopment Agency of the City of Chula Vista has been presented an Owner Participation Agreement, said agreement being on file in the Office of the Secretary to the Redevelopment Agency and known as document RACO-13-94 (Town Centre I OP A 94-2), approving the remodelling of a commercial building at 311 F Street and depicted in Exhibit A and subject to conditions listed in Exhibit B of said agreement. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, detennine and resolve as follows: 1. The Chairman of the Redevelopment Agency is hereby authorized to execute the subject Owner Participation Agreement between the Redevelopment Agency and IDM Satellite Division, Inc. 2. The Secretary of the Redevelopment Agency is authorized and directed to record said Owner Participation Agreement in the Office of the County Recorder of San Diego, California. Presented by: AP~i ~ 1= ,j () ~ ~ L (r'~A ~~ ~ú~/ Chris Salomone, Executive Secretary and Bruce M. Boogaard Community Development Director Agency General Cou el, ~/ (FILE'MZT DISK VillA,IIDMSATTE.RES] 1 ~ :J-I Thís yage ínt£nüonaIly left blank. 1-j~ COMBINED COUNCIL AND REDEVELOPMENT AGENCY AGENDA STATEMENT Item cf' Meeting Date 04/05/94 ITEM TITLE: Acceptance of City of Chula vista audited financial statements for the year ended June 30, 1993 and auditor's opinion , SUBMITTED BY: Interim Finance Ad~nistrator~ ' REVIEWED BY: City ManagerJ(j\f¡~"1j\ (4/5ths Vote: Yes_No---X_J ) Presented for Council/Agency information are the City's Audited Financial statements for year ended June 30, 1993, as prepared by the independent audit firm of Deloitte & Touche. The report was received on March 25, 1994, RECOMMENDATION: That Council and the Agency accept the Auditor's Report, BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable, DISCUSSION: Pursuant to the City Charter section 1017, an annual audit is performed of the city's financial records by an independent auditor, The attached reports include: 1. The General Purpose Financial Statements 2, Home Mortgage Revenue Bonds (Housing Finance Agency) 3, Transient Occupancy Tax Report 4, Redevelopment Agency Statements 5. Federal Financial Assistance (Single Audit) and are on file in the office of the City Clerk, In accordance with generally accepted auditing standards, Deloitte & Touche has examined the general purpose financial statements of the city of Chula vista including the Combined Balance Sheet, Combined Statement of Revenues, Expenditures, and the Changes in Financial Position, Deloitte & Touche also evaluated the internal accounting controls of the City and their evaluation disclosed no material weaknesses, In their opinion, the general purpose financial statements present fairly, in all material respects, the financial position of the City of Chula vista at June 30, 1993, and the results of its operations for the year then ended in conformity with generally accepted accounting principles, A representative from Deloitte & Touche is available to answer any questions, ;,1 FISCAL IMPACT: Contract for audit services totaled $49,795. REDEVELOPMENT AGENCY AGENDA STATEMENT 9 Ite~ Meeting Date 03/ j ';)/9q. l~q~ ~-S-9V ITEM TITLE: Resolution Approving First Amendment to the A ended Palomar Trolley Center Disposition and Development Agreement and Authorizing Chairman to Execute Same SUBMITTED BY: Comm"""" O'."opm,"' °};s" L. ) . REVIEWED BY: Executive Director ~ ~ :..---? (4/5ths Vote: Yes - No..lL) BACKGROUND: On July 27, 1993, the Agency approved the Amended Palomar Trolley Center Disposition and Development Agreement which governs the development of an approximately 190,000 square foot high-volume retail center in two phases on 18 acres on Palomar Boulevard between Industrial Boulevard and Broadway (see Map, Attachment AI. An obligation of the developer, Cypress Creek Company, is to cooperate with and reasonably assist the Agency in the development of a day care facility near the center. A First Amendment to the Amended Disposition and Development Agreement has been prepared which incorporates specific mutual efforts to provide the day care facility. The Amendment also clearly restates the understanding of the parties regarding the extent of mutual exposure to potential litigation costs associated with condemnation suits and freezes the existing rate of City fees which will be applicable to Phase 2 of the project. RECOMMENDATION: That the Redevelopment Agency adopt the resolution approving the First Amendment to the Amended Palomar Trolley Center Disposition and Development Agreement and authorizing the Chairman to execute same. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The First Amendment includes the specific provisions for the delivery of the day care facility, clarification the responsibilities of the parties for litigation costs potentially arising from condemnation actions, and freezing of City fees for Phase 2 of the Palomar Trolley Center project Dav Care Facilitv: This discussion identifies a property that is a likely site for a day care center (in conjunction with an affordable housing project, briefly outlines a plan for developing the project, outlines the option agreement that would secure the site for the developer, and outlines the mechanism for reimbursement to the developer for costs of the option. General Backaround: The original developer of the proposed Palomar Trolley Center, Pacific Scene Incorporated, entered into a negotiation agreement which called for them to provide a day care center on the MTDB Trolley Station adjacent to the center if the necessary land was available. Due to the proximity of high-tension electrical transmission lines, that land, which would have been provided at a nominal cost, was unfortunately not available. Subsequently, Cypress Creek Company (Sun belt) replaced Pacific Scene Incorporated, and the obligation in the DDA was converted to mutual and reasonable assistance in locating a day ej- I -ç---r--- . Page 2, ItemL 1 Meeting Date <1::1/1 5f94 1 tf y-15- , care facility nearby, with the first choice being a property identified by the developer at the northwest corner of Ada Street and Industrial Boulevard (see Map, Attachment B). It is a 2.01 acre property consisting of two parcels zoned R2-P; one parcel is vacant; the other parcel has a single-family house that is rented. Staff and the developer have extensively surveyed the area of the proposed center and have concluded that the Ada Street site is the most desirable available location near the center. Episcopal Community Services (ECS) approached the Mayor and staff about the possibility of sighting a Head Start facility on the subject sight. ECS operates a number of Head Start schools in the region and has access to additional funding. After further meetings with the property owner and the developer, the following approach has been formulated: . the entire parcel would be controlled through an option agreement while ECS and Habitat for Humanity put together a joint proposal to build and operate a Head Start school, a day care facility, and a for-sale affordable housing project; . the Head Start program would have "wrap-around" child care, so that working parents would be able to place their children for the entire work day; with priority given to employees of Palomar Trolley Center, the proposed on-site affordable housing development, and the Dorothy Street Manor public housing project; . The affordable housing project would be a low-income for-sale product to provide neighborhood and project stability, to fit with the existing neighborhood, and to avoid a concentration of low-income rental units in conjunction with nearby Dorothy Street Manor. Habitat for Humanity, which specializes in for-sale low-income "sweat-equity" projects (the low-income buyer contributes construction labor as part of the down payment), is preparing a joint proposal with ECS to develop the property as a Head Start school, a day care facility, and a low-income for-sale housing development. Together, they are developing conceptual plans and preliminary development and operating budgets (see Concept Drawing, Attachment C). Although those plans and budgets are not available yet, it is clear that both organizations will be dependent on subsidies from the City and the Agency to fill financial gaps. Sources for such subsidies would most likely be Community Development Block Grant, Home Program funds, Redevelopment Agency funds, and LowfModerate Income Housing funds. Staff is optimistic that ECS and Habitat will be able to put together a viable proposal for the site. If that does not prove to be the case in the near future, staff would intend to pursue discussions with other agencies. If the response was substantial, a request for proposal process could be undertaken. Real Estate Option Aareement: The developer has entered into an option agreement (see Option Agreement, Attachment D) with the property owner. The most significant conditions of the option agreement are as follows: . The option period began January 1, 1994, and extends for 30 months; it is null and void if the Agency does not approve the First Amendment. 9 - V ---f--.-2- 1 Page 3, Item ~ Meeting Date ~4 1'1 V-5- 0 The option is assignable to the Agency; the Agency has the unilateral right to replace Cypress Creek Company as the optionee at any time. 0 All option expenses incurred by Cypress Creek Company and specifically identified in the First Amendment would be reimbursed to Cypress Creek Company from sales tax rebates from the Palomar Trolley Center project. 0 The initial purchase price would be $635,000.00, which is the estimate of current market value from an appraisal done for the Agency by Rasmuson Appraisal Consultants in December of 1993 (available in the Community Development Department); the purchase price would increase by $2,650.00 per month thereafter throughout the term of the option, an annual increase of 5%. 0 Lump-sum annual option fees are due to the property owner as follows: $10,000.00 (applicable) upon approval of the First Amendment by the Agency; $10,000.00 (non-applicable) on January 1, 1995; and $5,000.00 (non-applicable) on January 1, 1996. 0 Monthly option payments, which are not applicable to the purchase price, are $2,500.00 per month for January 1994 through December 1994 and $2,750.00 per month for January 1995 through June 1996. First Amendment: As it pertains to the Day Care project, the First Amendment to the Palomar Trolley Center Disposition and Development Agreement governs the rights of the parties to the option and adds the reimbursement provisions for the costs of the option. The First Amendment provides that the Developer is obligated to maintain the option agreement and the Agency has the right to assume the option at any time. The reimbursement provisions for the option costs in the First Amendment are generally the same as those that apply in the DDA, whereby the City's share of costs is paid by the developer up front and the City pays it back over time from sales tax generated by the project. It is anticipated that ultimately "special category" funds such as HOME Program or CDBG would be used to pay the acquisition costs for the property, including any obligations on the General Fund to reimburse the developer through sales tax rebate (discussed more fully below under "Analysis"). Note: The developer has contracted with an environmental engineering firm for a Phase 1 assessment of the site. That assessment will be completed on the date of this Agency meeting. Therefore, the resolution incorporates that the approval of the First Amendment is conditioned on the acceptance of the Phase 1 assessment by the Agency Executive Director. If the assessment identifies concerns about site contamination, the Executive Director will not accept the document, the First Amendment will not be executed, and the developer and the Agency will not be responsible for any option costs, since the option will be null and void. Analvsis: The optionlFirst Amendment reimbursement arrangement is recommended by staff for the following reasons: . It secures a property for a potentially very beneficial project while staff works with the non-profits to put together the joint-venture day care/affordable housing project. --('~3-- 1-3 9 ~ Page 4, Item %' Meeting Dat~5/94 C) t.j '-tJ~ . It allows the Agency/City to finance the option cost at a reasonable rate and pay back the accumulated debt from future revenues generated by the Trolley Center project or from any other source of funds on an earlier schedule at the Agency's election. , . The agreements are structured so that the Agency can cancel its obligation at any point. The site is judged by staff to be a desirable site for both a child care facility and affordable housing to the degree that if funds currently existed to finance the acquisition of the site for those purposes, staff would recommend that we acquire the site at this time to get the most favorable price and "land bank" it for a near-future project. In fact, there are sufficient funds available in the City's HOME Program to purchase the site for affordable housing. Unfortunately, HOME funds cannot be used for the day care use, and no other funds can be identified at this time. CDBG funds can be used to finance day care, but the City's CDBG funds are under a lot of pressure, with approximately $1.6 Million becoming available for Fiscal Year 1994-95 and approximately $5 Million in requests already made for those funds. Staff intends to include a consideration of the use of CDBG funds for acquisition of the day care portion of the site (estimated to be approximately $250,000.00) in the annual CDBG budget process in April and May of this year, and at that time staff will provide a full analysis of any other potential funding sources for the acquisition of the day care portion of the optioned property. Other ComDonents of First Amendment: The First Amendment also expresses the understanding that litigation costs that might arise from condemnation actions of the Agency in acquiring the necessary properties in Phase 1 are subject to a threshold beyond which either the developer or the Agency could walk away. That threshold is $100,000 each for Phase 1 and Phases 2. This arrangement was always understood in the negotiations and was included in the DDA for Phase 1. When the Phase 1 DDA was replaced with the Amended DDA to include Phase 2, this provision was included for Pha~.e 2 but was inadvertently left out for Phase 1. The First Amendment includes it for the protection of both parties. This is. simply a restatement of the clear intentions of the parties. Finally, the First Amendment establishes that the City-controlled fee rates for Phase 2 of the Palomar Trolley Center would be the same rates applied to Phase 1. The staff-supported justification for this "freeze" on the fees is that the project was conceived as and negotiated as one project, in which the Agency is a participant, and that it was only split into two phases later in the process to allow for the sooner development of the bulk of the project while the more-difficult easterly properties were dealt with at the pace they required. The project feasibility analysis and the Agency/City financial participation were based on a single project subjected to the existing fee schedule. Property acquisition, relocation, and public improvements financially burden the project substantially, and the developer wishes to be assured security from potential future fee increases in the event that Phases 2 is not accomplished for one or two years. The original total estimated fees for Phase 2 of the project are approximately $145,000.00. There is no practical way to estimate what the fees might be when Phase 2 is developed. c¡- tf -6----4- 9 Page 5, Item~ - Meeting Date ~4--r t{ If->~ Fiscal Impact: The Palomar Trolley Center is projected to yield to the City/Agency net tax revenues over ten years of approximately $4 Million. The day care/Head Start/Habitat project property option cost would reduce that net revenue amount by a worst-case maximum of approximately $88,000; however. it is very likely that those funds could be replaced by "special category" funds such as HOME and CDBG, protecting the project revenues from any cost for the site acquisition. The litigation cost threshold has always been included in project financial projections and is simply a technical correction to the governing document. Fixing the fees for Phase 2 at the Phase 1 rate would have an unknown affect on City revenues, given that potential future fee increases are unknown and not predictable; it is possible that there will be no impact. [DGIDisk41WP51 IA:IP AIDDA.RA41 ~ _5 ~~-- t¡-? -Gr~ ( II ('¡ a. (/ en - c W :g C/) ('¡ <1: a. J: ..... a. t!) c Z w .,.; C/) cQ 0 a a. a 0 t!) a: T-- a. ~ l ? ( , êi) (1) 0 ('¡ - a. ---- - (/ en c - 32 w ro C/) a. <1: C\I J: (") a. ( ) - n C . - w ~ ~ U> :; ¡ 0 a '" a. (") '" 0 cD a: CD a. .'!:- "" r - i ~ ~-~-- fA -~-~- íROLLE'f ~-~- , _..----.-- ~L\jD' I ..----.-..---: ----- ."nUS/RIAL. /_- )-, . q - '1 q}ìJ /. --- y" r " r¡ ð c' ~; I . . . . '.. 'r' " - : . ~}¡~-l: -~---: ,J; ~_... : ¡ ¡ ri ¡ . ,.;,.. : ~ :: : ¡-" .0£'", I ¡ i --- -- I' . ! . ~ K< - ~-~-I-- !t?~-;; --t;;:;':-!H -- ".: '... n I ./ / ' '., "";"-' , ; \ H¡. ----------- -- - --------------- ------ -- -------- . q~'/V ;: - //) .. .--.....- --.--- -----"----- ATTACHMENT "C" _. ~.- .'; . ï; -,. .,:N~ (])'- 0'- ro: a... - a... ~ ~ ~ . ~ í .:t~ii } .¡ --' 7 '~:' " q/I\ ..-... -- - -----------.--.---..---.---- ._--~----- - -.--------- -- ---~--------------- q/ \1/ '6-=7~ -------"~~-----------,...._.. ....-.'-- -_..~----"_._---_.... .__._~--_.._- --- - ATTACHMENT "0" OPTION TO PURCHASE REAL PROPERTY THIS OPTION TO PURCHASE REAL PROPERTY ("Option") is made and entered into at San Diego County, California, as of this 4th day of March, 1994, by and between TROLLEY TERRACE DEVELOPMENT, INC. a California corporation (hereinafter referred to as "Optionor"), and CYPRESS CREEK CO., LP., a Delaware limited partnership doing business as PTC Investments (hereinafter referred to as "Optionee"). Optionor and Optionee are hereinafter sometimes referred to collectively as the "parties". WIT N E SSE T H: WHEREAS, Optionor is the owner of that certain real property located in the City of Chula Vista, County of San Diego, California, commonly known as the vacant lot of approximately 80,212 square feet located at 746 through 750 Ada Street, oft the northwest comer of Ada Street and Industrial Boulevard, Tax Assessor's parcel numbers 622-020-20 and 30, and with the following legal description: portions of lots 5,6, and 7 of Fairfield Map 1349, in the City of Chula Vista, County of San Diego, State of California as shown on Record of Survey 12231 filed June 16, 1989; and WHEREAS, Optionor wishes for the consideration hereinafter set forth to grant to Optionee the exclusive right and option to purchase the Property upon the terms and conditions hereinafter set forth. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: I. Grant of Option. Optionor hereby grants to Optionee the exclusive right and option to purchase the Property upon the terms and conditions and for the Purchase Price hereinafter set forth. 2. Consideration for Option ("Option Price"). (a) As consideration for this Option, Optionee shall pay to Optionor the following sums: (i) On January 1, 1994 the sum of Ten Thousand Dollars ($10,000.00). Said sum shall apply to the purchase price; -1- q -/ I) -&--/3 --_.-----'""~" (ii) Commencing on January 1, 1994, and on or before the fIrst day of each subsequent month thereafter through December 31, 1994, the sum of Two Thousand Five Hundred Dollars ($2,500.00); (iii) On January 1, 1995 the sum of Ten Thousand Dollars ($10,000.00). Said sum shall not apply to the purchase prIce; (iv) Commencing on January 1, 1995, and on or before the first day of each subsequent month thereafter through June 30, 1996, the sum of Two Thousand Seven Hundred Fifty Dollars ($2,750.00); (v) On January I, 1996 the sum of Five Thousand Dollars ($5,000.00). Said sum shall not apply to the purchase prIce; (b) This Option is conditioned upon the approval of the City of Chula Vista Redevelopment Agency ("Agency") of the Amended Palomar Trolley Disposition and Development Agreement ("Agree- ment") and of the First Amendment to the Agreement ("First Amendment"). If approval by the Agency of the Agreement and the First Amendment has not been obtained on or before March 22, 1994, payments under this Option by the Optionee shall not commence. Upon the last of the two agreements to be approved by the Agency, Optionee shall, within three (3) days of such approval, pay to Optionor all payments as are then otherwise due and payable under the terms of paragraph 2(a) of this Option. If approval by the Agency of the Agreement and First Amendment has been obtained on or before March 22, 1994, Optionee shall pay to Optionor within three (3) days of the approval the sum of Seventeen Thousand Five Hundred Dollars ($17,500.00), repre- senting the option payments for the fIrst three months of this Option, and monthly payments as described in paragraph 2(a), above, shall commence thereafter. If the Agreement or First Amendment or both are disapproved on or before March 22, 1994, this Option will become null and void and no payments hereunder will be due or payable. (c) Excepting paragraph 2(a)(i), any consideration paid to Optionor -2- c¡--/Lf fp--T1 - - - ..---.-- --- "---.--"""'--... --------~~----_c. -. - -. - --...----..-..--.----- 4~ pursuant to paragraphs 2(a) and (b), above, is separate from and shall not be credited to the Purchase Price for the Property upon close of the escrow referred to in Paragraph 6 below. 3. Term of Option. This Option, unless sooner terminated as herein provided, may be exercised in the manner hereinafter provided at any time after approval by the Agency of the Agreement and the First Amendment, but in no event later than 5:00 p.m. on June 30, 1996. If this Option has not been exercised on or before June 30, 1996, or if Optionee fails to make any payment of Option consideration within the time provided, then this Option and all rights of Optionee hereunder shall automatically terminate and expire. If Optionee fails to make any payment as required, Optionor shall prior to terminating this Option first offer in writing Optionee's position to the Redevelopment Agency of the City ofChula Vista (" Agency"). If the Agency fails to accept Optionee's position and pay all past due sums within thirty (30) days of Optionor's notice this Option shall terminate. 4. Exercise of Option. In the event Optionee exercises this Option, such exercise shall be effected by Optionee depositing into the escrow referred to in Paragraph 6 below, fully executed escrow instructions and a cashier's check for Thirty Thousand Dollars ($30,000.00) and by simultaneously giving written notice thereof to Optionor. Said written notice shall be served personally upon Optionor or by mailing such notice by registered or certified mail, postage prepaid, addressed to Optionor. The date of the exercise of this Option shall be deemed to be the date when written notice is either personally served upon Optionor or placed in the U.S. mails by either registered or certified mail, as described above. The Thirty Thousand Dollars ($30,000.00) deposited into escrow at the exercise of this Option shall apply to the purchase price for the Property, is non-refundable to the Buyer and Twenty-Five Thousand Dollars ($25,000.00) of that amount shall be released to Optionor upon receipt by escrow of Optionee's acceptance of the Title Commitment from the Title Company. The Title Commitment shall be accepted or rejected within seven (7) days of opening of escrow. 5. Purchase Price. In the event this Option is exercised, the purchase price for the Property shall be Six Hundred Thirty Five Thousand Dollars ($635,000.00) subject to adjustment as hereinafter provided ("Purchase Price"). If Optionee exercises this Option during the month of January, 1994, there shall be no adjustment to the Purchase Price. If Optionee exercises this Option during any month after January, 1994, the Purchase Price shall be Six Hundred Thirty Five Thousand Dollars ($635,000.00) plus Two Thousand Six Hundred Fifty Dollars ($2,650.00) for each calendar month after January, 1994 when the Option is exercised. The Purchase Price shall be determined as of the month the option is exercised. 6. Esmnï. Within two (2) business days of delivery to Optionor of notice of exercise of this Option, Optionor shall deposit into escrow (a) fully executed escrow instructions as provided herein, together with (b) a Grant Deed to the Property in favor of Optionee or -3- ,..- 9 ~ /!J £.-...¡. C -.-.. -_w_-.- ....---------------- - ----- -- ------------- --------...-------- Optionee's assignee, duly executed in recordable form. First American Title Insurance Company shall be Escrow Holder. Title to the Property shall be conveyed by Optionor to Optionee or Optionee's assignee by Grant Deed through said escrow, and the escrow instructions shall be in the form and contain the provisions set forth on Exhibit n A n attached hereto and made a part hereof. Said escrow instructions shall provide for a closing date no later than sixty (60) days after the date the Option is exercised, and all other terms and conditions specified therein are hereby specifically agreed to and incorporated herein as though set forth in full. Notwithstanding the above provision concerning the 60 day escrow period, if the Property is or becomes the subject of an action or threat of condemnation by a public agency, the escrow instructions shall provide for a closing date no later than sixty (60) days after the opening of escrow. 7. Obligations of Optionor. Within ten (10) days after delivery of the first payment of the Option Price, Optionor shall cause to be delivered to Optionee a Preliminary Title Report issued by First American Title Insurance Company. 8. Termination of Option. This Option may be terminated at will by Optionee or Optionee's assignee. In the event this Option is terminated or expires without being exercised by Optionee or Optionee's assignee, any and all sums paid to Optionor by Optionee as consider- ation for this Option shall be retained by Optionor as consideration for this Option. 9. Right~ of Optionee During Term of Option. During the term of this Option, Optionee and Optionee's agents, representatives, employees and assignees shall have the right to meet and discuss the Property and its proposed development with all City of Chula Vista, Agency and other governmental entities and agencies and with all parties with whom Optionor or others have contractual and other arrangements in connection with or relating to the Property. 10. Optionee's Inspection and Optionor's Representations. (a) Optionee has inspected the Property. Optionor has made no representations to Optionee other than those expressly stated in this Option Agreement; therefore, Optionee has not been induced to purchase the Property by any representations of Optionor other than those in this Option Agreement and is relying solely upon its inspection of the Property. (b) During the term of this Option, Optionee and its representatives, agents and independent contractors shall have the right, with prior written permission of Optionor, such permission not to be unreasonably withheld, to enter onto the Property for the purpose of obtaining any and all information regarding the Property including, but not limited to, engineering and survey studies and soils tests. Optionee agrees and does hereby hold Optionor harmless from and against -4- 9-/t -G-4.--.J - ----- _-M______------------~--------~------_._-----~---"---------- -- ------ --- any loss, claim, demand, liability or damage resulting from the activities of Optionee, or anyone acting pursuant to authorization from Optionee or in relation to the Property, and from and against any mechanic's liens or claims of lien resulting therefrom. In the event this Option is not exercised or is otherwise terminated as herein provided, Optionee shall, at its expense, return the Property to as nearly the same physical condition as it now enjoys as is reasonably possible and shall repair any physical damage resulting from its activities thereon; provid- ed, however, that Optionee shall not be liable or responsible for damage to the Property which is reasonably necessary to the investigation of its physical characteristics, including soils tests and surveying. Optionee shall also upon termination of this Option, provide, at its expense, copies of all reports and studies resulting from any inspection of the Property. Optionee agrees to give to Optionor not less than five (5) days' prior written notice of any inspection, or any other activity of Optionee hereunder which could result in the imposition of a mechanic's lien upon the Property, so that Optionor may have the opportunity to exercise its right to reasonably refuse permission to conduct the activity or to post and record a notice of non-responsibility. (c) Optionor warrants to Optionee that Optionor has not received nor is Optionor aware of any notification from any governmental authority requiring any work to be done to the Property. In the event Optionor receives any such notification, it shall immediately notify Optionee of such requirements and whether Optionor agrees to do the work at its expense or not. If Optionor does not agree to do the work, Optionee shall have the right to immediately terminate this Option. 11. Obligations of Optionor During Term of Option. Optionor hereby covenants and agrees that during the term of this Option, Optionor shall: (a) Pay, on or before the same become due, all liens, encumbrances and real property taxes relating to the Property. (b) Not further encumber the Property during the term hereof without the prior written consent of Optionee. 12. Attorney's Fees. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Option or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. -5-' {-/7 --6~ f7---~ ---.- - -- ------ ------ .-------- ------------- --- 13. Time of Essence. Time is of the essence of each and every one of the provisions herein contained, and this Option shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, personal representatives, successors and aSStgns. 14. Broker's Commission. Optionor and Optionee each warrants to the other that they have not engaged the services of a real estate broker, salesman or finder in connection with this Option or the transaction contemplated hereby, to whom a commission or fee is payable for which the other would be liable, and each agrees to hold the other hannless from and to indemnify the other against any claim, loss, cost (including attorney's fees), liability or obligation made against or incurred by the other by reason of a breach of this warranty. 15. Return of Documents. If for any reason the purchase of the Property is not consummated, Optionee shall return to Optionor all engineering and planning reports, plans and other documents previously delivered or made available to Optionee by Optionor in accordance herewith. Optionee shall also deliver to Optionor all studies, reports, plans-and other documents relating to the Property prepared by Optionee or its consultants to which Optionee has possession or over which Optionee has control. 16. Warranty. Optionor hereby warrants and represents that the fee of the Property is vested in Optionor. 17. Assignment. Optionee shall be free to assign its interest in this Option without the prior consent of Optionor. In the event an assignment is made by Optionee, the assignee shall be bound to this Option to the same extent as the Optionee, and shall enjoy all the rights and be bound by all the obligations hereunder. 18. NotkJ:. Unless otherwise provided herein, any notice, tender or delivery to be given by either party to the other may be effected by hand delivery in writing or by certified or registered mail, postage prepaid, return receipt requested, and shall be deemed given as of delivery if by personal delivery or deposit with the United States Postal Service if by mail. All notices shall be addressed as set forth below unless changed by written notice in accordance with this Paragraph: OPTIONOR: Daniel P. O'Connell, President Trolley Terrace Development, Inc. 3803 Mission Boulevard San Diego, California 92109 -6- ?-/I ~7F' _- -.-- . ---- ._-_.._------~-----.. -.---------------- OPTIONEE: Cypress Creek Company, LP. (3 copies) c/o Sunbelt Management Company. attn: Shepherd D. Johnston 220 Congress Park Drive, Suite 215 Delray Bay, Florida 33445 and Community Development Director City of Chula Vista 276 Fourth Avenue Chula Vista, CalifofIÚa 91910 and Michael W. Holmes 5405 Morehouse Drive, Suite 310 San Diego, CalifofIÚa 92121 19. Entire Agreement. This Option to Purchase Real Property contains the entire agreement between the parties relating to the Option herein granted. Any oral representations or modifications concefIÚng this instrument shall be of no force or effect. Any subsequent modification must be in writing signed by the party to be charged. 20. Interpretation of Agreement. This Option Agreement shall be construed as a whole and in accordance with its fair meaning. Captions and organizations are for convenience and shall not be used in construing meaning. 21. Gender and Number Clause. As used in this Option Agreement, the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others whenever the context so indicates. 22. Exhihits.. All exhibits to which reference is made are deemed incorporated in this Option Agreement, whether or not actually attached. 23. Tiili:. Upon close of escrow, Optionor shall convey fee title to the Property to Optionee or Optionee's assignee by Grant Deed, free and clear of all liens and encumbrances except for non-delinquent general and special real property taxes, easements, covenants, conditions, restrictions and other non-monetary exceptions of record as disclosed in the Preliminary Title Report referenced in paragraph 7, above. -7- ?-/ÿ ~ . ----~~--------~------_._---~~-----_......_~-- , 03/07/94 10:42 PENNY REALTY I Nc. .. 619 554 1999 NO. 570 lì0¿ MAR-07-1994 11:25 FROM MMC&LATIGO weST SAN DIEGO TO 94884129 P.02 24. J3eparation of Qp.ÜQ..11, The reasonable cost of preparing this Option is being paid initially by Optionee. Upon exercise of this Option and the Sl,lbsequent close of escrow, however. one half of such cost shall be reimbursed to Optionee by Optionor, or if Optionee has assigned its interest under this Option, one half of such cost shall be reimbursed to Optionee each by Optionor and assignee of Optionee. 25. pnp)\.c¡¡t.¡: Orlgjnals, Tb.is Option is executed in several duplicate originals, each of which is deemed to be an original, and all of which together shall constitUte one and the same instrument. This Option sb.all be effective as of the date executed by the latter of the two parties hereto, unless otherwise provided in this Option. IN WIT1'.'ESS WHEREOF, the parties have executed this Option to Purchase Real Property on the date fust above written at San Diego County. California. "OPTIONOR" BY: "OPTIONEE" CYPRESS CREEK COMPANY, L.P., a Delaware limited partnership BY: SUNBELT MANAGEMENT COMPANY a Florida corporation Its ManagiDg partner BY: SHEPHERD D. JOHNSTON, President -8- cr-~O ~;;ø ~ '" - ",- -" 0"- RESOLUTION /39:h RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AMENDED PALOMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT WITH ONE CONDITION AND AUTHORIZING CHAIRMAN TO EXECUTE SAME WHEREAS, the Redevelopment Agency entered into an Amended Palomar Trolley Center Disposition and Development Agreement with Cypress Creek Company on July 27, 1993, for the development of an approximately 190,000 square foot commercial shopping center in the Southwest Redevelopment Project Area, and; WHEREAS, a First Amendment to the Amended Palomar Trolley Center Disposition and Development Agreement has been prepared which would provide for a mechanism of reimbursement to Cypress Creek Company by the Agency of funds extended by Cypress Creek Company for real estate option payments on a property which is the proposed site ("Site") for a day care center that has been perceived by both parties as a desirable amenity to the Palomar Trolley Center, which would further clarify the intent of the Amended Palomar Trolley Center Disposition and Development Agreement regarding the threshold for litigation expenses incurred in condemnation actions as it pertains to Phase I of the project, and which further fixes City fees for Phase 2 of the Palomar Trolley Center Project at the rate applied to Phase 1 of the project. WHEREAS, an environmental site assessment is currently being undertaken which seeks to identify the existence of any toxic contamination on the Site, and the Agency will only assume liability for reimbursement of option costs on the Site to the Developer if the Site is free of contamination or contamination levels are reasonably remediable. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby fwd, order, detennine and resolve that the First Amendment to The Amended Palomar Trolley Disposition and Development Agreement, said document on me in the Office of the Secretary to the Redevelopment Agency and known as RACO-08-94, is hereby approved with the following one condition: That the Executive Director is provided with a Phase 1 environmental site assessment acceptable to the Executive Director. BE IT FURTHER RESOLVED that upon satisfaction of the condition, the Chairman is authorized to Execute the First Amendment to the Amended Palomar Trolley Center Disposition and Development Agreement. PRESENTED BY: APPROVED AS TO FORM BY: ~ ~ /fll~VyAtfL feN)/Alf Chris Salomone Bruce M. Boogaard Community Development Director tì -:z./ Agency General Counsel rnm11TSK4\WpmA-PAr 11TH PI'S, ?""--~ -,- ------ --------- 9-~;L (¿; - -;~- ----..--- --_..-_.._- ---. --------- JOINT COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT /0 Iterrr~ Meeting Dat'c 3:IS~.r- ~ ITEM TITLE: a) Resolution /7 Lj/d-/ ~- 5 ~ 9 Approving agreement with A'nderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects [and] /39'3 b) Agency Resolution Approving agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects SUBMITIED BY: D","", of P"blie w7Jt ~ REVIEWED BY: City Manager~ ~ .-, (4/5ths Vote: Yes_NoX) Several capital improvement projects are currently budgeted which require additional right-of- way for construction. To expedite the acquisition process, staff must first appraise the value of the property. Staff proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year. Staff has evaluated the proposals for providing professional appraisal services and recommends that the City/Agency approve an agreement with Anderson & Brabant, Inc. to provide these services through March IS, 1995, which will also include a renewable clause for an additional year through March 15, 1996. RECOMMENDATION: That Council and Redevelopment Agency adopt resolution approving the agreement with Anderson & Brabant, Inc. for professional property appraisal servIces. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November IS, 1993, staff sent proposals to 40 fums to provide professional property appraisal and/or acquisition services for the City and/or Redevelopment Agency of Chula Vista; In addition, an ad was placed in the San Diego Daily Transcript requesting proposals on November 22, 1993. As a result of this solicitation of proposals, 22 fums responded. Nineteen of the fums proposed to provide appraisal services and 7 fifDls proposed to provide acquisition services. Four of the fums were providing both services. A panel of five persons approved by the City ManagerÆxecutive Director reviewed the proposals and met on January 18 to rank the fifDls. The panel consisted of one Civil Engineer, one Principal Community Development Specialist, one Principal Management Assistant, City /ó --i ~=7 m_____- ------_. - ._- ----- ~"-~ -, .., /0 Page 2, Iterrrfz¡;;/:,;- Meeting Date ~f92 --- if--S - if Landscape Architect and a Senior Real Property Agent with the County's Real Property Division in the Department of General Services- As a result of a review of the proposals, the Committee invited seven companies to be interviewed to provide appraisal services- Three of the companies provided only land acquisition services, two of the companies provided only appraisal services, and two of the companies provided both land acquisition and appraisal services. The Committee met on January 26 and interviewed the seven firms. As a result of this interview, the fmn of Anderson & Brabant, Inc- was chosen to provide property appraisal services to the City and/or Redevelopment Agency. The firm of Jones and Roach have previously provided these services for the last 10 years. They did not submit a proposal this year. Staff proposes to contract with this firm on an as-needed basis through March IS, 1995. Included in the contract is a renewable clause for an additional year based on written approval by the Director of Public Works. Council/Redevelopment Agency approval of these resolutions will authorize the Director of Public Works to renew the contract if the work has been satisfactory without further action by the City Council, the Redevelopment Agency or City ManagerÆxecutive Director. Currently, there are several projects approved in the Capital Improvement Program which will require additional right-of-way in order to construct. Examples of a few of these projects are: 1. Fourth Avenue, Chula Vista Adult School to Orange Avenue. 2. Drainage basin improvements east of Second Avenue. 3. Broadway widening, I-L Street. 4. Bonita Road Bike Lanes. 5. Broadway street improvements, Naples to Anita Street. 6. Third Avenue sidewalk safety program. This type of contract will allow the staff to proceed with design and construction of these projects in a timely manner. Since this agreement will provide services for several CIP projects, staff proposes to issue a purchase order which will be amended on a project-by-project basis as appraisal services are required. Fee of appraisal services shall be negotiated individually based on the fee schedule included in the agreement. Compensation for services provided under this agreement shall not exceed $100,000 for appraisal services. FISCAL IMPACT: Funds not in the excess of a total of $100,000 will be encumbered from individual project accounts as services are required. It is anticipated that this sum will be sufficient to acquire the approximately 84 parcels presently known to be acquired as part of various CIP projects. Slli:Fil, No.: KY'()13 /tJ ~:z- WPC F:\HOMEIENGINEER\AGENDA,,"_o~agt ~=--~----- ...- ..._-... ...---------------- -- PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA, AND ANDERSON & BRABANT, INC, FOR APPRAISAL SERVICES This agreement ("Agreement"), dated 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 entities as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fonn 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, additional public property is anticipated to be necessary for various capital improvement, economic development and redevelopment projectS; Whereas, the City and/or Redevelopment Agency desire to proceed in a timely manner with the design and construction of these projects and requires appraisal services to acquire the additional property; 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 and/or Redevelopment Agency within the time frames herein provided all in accordance with the tenns and conditions of this Agreement; (End of Recitals. Next Page stans Obligatory Provisions.) /() /3 WPC BIIOMBENGINEER\1684.94 Page.! '7 '7 H _mo_------------.----- ---------------------- - -- - ---- ---- ------>--------- ------------------ ._-------~-- ---- -- -- - ----~ OBLIGATORY PROVISIONS PAGES NOW, THEREFORE, BE IT RESOLVED that the City, the Redevelopment Agency and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to 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. / Ó~ c¡ I WPC Fo\HOMÐENGINEER\!684_94 Page 2 /7 /, . --..-----.-. -.-.-._.H ---...--.- ..-- 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: 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 Perfonnance. (I) Perfonnance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Perfonnance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Perfonnance Bond"), then Consultant shall provide to the City a perfonnance bond by a surety and in a fonn and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the tenn, "Perfonnance Bond", in said Paragraph 19, Exhibit A. /0-5 WPC F'-HOMElENGINEER\l684.94 Page 3 ;¡ - --------- ----------------- (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 subnùtting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the tenns of this Agreement. The letter of credit shall be issued by a bank, and be in a fonn and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the tenn, "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 Perfonnance 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 fonn and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defmed Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall pennit access to its office facilities, files and records by Consultant throughout the tenn of the agreement. In addition thereto, City agrees to provide the infonnation, 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 perfonnance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant subnùtted 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 tenns and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate alTangement, 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. /0-6 WPC F:\HOME'ENGINEER\1684_94 Page 4 r¡ _/ -- -------------------------------------------------- ----- 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 pany designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said pany's contract administrator who is authorized by said pany to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Panies 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 panies 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 panies 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 pomons 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 IS of Exhibit A, or if none are specified, then as determined by the City Attorney. I Ó ,-7 WPC F,\HOME\ENGINEER\l684.94 Page 5 /7 --- _.~ ---.- .---- ------------------------------------------~~----- 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 wan-ants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further wan-ants 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 wan-ants and represents that neither Consultant, nor Consultant's immediate farnily 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. /Ó,-y WPC F:\HOME'ENGINEER\1684.94 Page 6 '7 r. -- -------------------------.------------ Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement, except with the written pennission 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 pennission 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 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 negligence or 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. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Tennination 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 tenninate this Agreement by giving written notice to Consultant of such tennination and specifying the effective date thereof at least five (5) days before the effective date of such tennination. 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 Tennination, 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 detennines that the Consultants' negligence, errors, or omissions in the perfonnance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, onñssions, 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. /ð - 9 wPC F^"OME\ENGINEER\l684.94 Page 7 -9--4--/ U_---.-.m__. 10. Tennination of Agreement for Convenience of City City may tenninate 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 thiny (30) days before the effective date of such tennination. 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 tennination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. II. 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 "Pennitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, infonTIation, data, statistics, fonTIs, 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 pan under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in pan, any such reports, studies, data, statistics, fonns or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perfonn 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. /(J -;0 WPC F,\HOME'ENGINEER\J684.94 Page 8 ~Tff 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 incoIporated 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 puIpose of resolving any dispute over the tenns of this Agreement. IS. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing patty 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 patticipates in the preparation of a report or document in petfonning 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. 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 pennitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any patty shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such patty, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated patties. II) --/1 wpc F,\lIOMElENGINEER\!684.94 Page 9 ~ ........ .- 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 patty against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Patties Each signatory and patty hereto hereby warrants and represents to the other patty 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 COUI1S 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 perfonnance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] It) ~/1// WPC F:\HOMElENGINEER\l684.94 Page 10 -7"_/7-- SIGNATURE PAGE TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ANDERSON & BRABANT, INC, FOR APPRAISAL SERVICES IN WITNESS WHEREOF, City, Redevelopment 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 tenns: Dated: ,19- City of Chula Vista by: Tim Nader, Mayor Attest: Redevelopment Agency of the City of Chula Vista Beverly Authelet, City Clerk Tim Nader, Chainnan Chris Salomone, Secretary Approved as to fonn: Bruce M. Boogaard, City Attorney by: Dated: Exhibit List to Agreement (X) Exhibit A. () Exhibit B. /0 - /3 WPC BHOME'ENGINEER\1684.94 Page 11 1-/ :? \ THTI§ JP Ai CGr JE /0 -It!' .Q~//. ,-.. -,- -_._-------._---_._---_.---"._----"~-_._,-~-~",'---- EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ANDERSON & BRABANT, INC, 1. Effective Date of Agreement: March 15. 1994 2. City-Related Entity: (X) City of Chula Vista, a municipal chanered .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 fonn] ("City") 3. Place of Business for City/Redevelopment Agency: City of Chula Vista. 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Anderson & Brabant, Inc. 5. Business Fonn of Consultant: ( ) Sole Proprietorship ( ) Pannership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 353 West 9th Avenue Escondido. CA 92025 Voice Phone (619) 741-4146 Fax Phone /tJ ~ /5 WPC F~OMÐENGINEER\1685.94 Page I n - -- -----------"--------------- ------~"""~-"~ ---~--c_-"-_._----- 7. General Duties: Consultant will prepare appraisal reports for acquisition of public right-of-way and/or easements for street, drainage and sewer improvement purposes as well as parcel or series of parcels contemplated for economic development or redevelopment purposes on a requirements basis. All work shall confonn to and comply with California Government Code 7267 et. seq., its implementing regulations 25 CCR $6000 et. seq. (state or city funds), and/or 42 U.S. Code $4601 and it implementing regulations 49 CFR Part 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if City acquisition) or Redevelopment Agency Resolution Numbers 79 of 515n7 and 221 of 12/6n9 (if Agency acquisition). 8. Scope of Work and Schedule: A. Detailed Scope of Work: Appraisal services are as follows: (1) Description of the Project (2) Area/Neighborhood analysis (3) General Valuation Analysis may include but not be limited to: (a) Sales comparison approach (b) Income approach (c) Development approach (4) Highest and Best Use Commentary (5) Parcel Appraisal(s) (6) Direct Sales Data (7) Market Data (8) Right-of-Way Plans (9) Limiting Conditions and Assumptions (10) Certificate of Appraisal (11) Introduction and Summary of Salient Facts (12) Qualifications (13) Pre-Construction Site Photos /ó -!t, wpc E\HOMElENGINEER\l685.94 Page 2 ,., ----- //. ----~-----_.- -. Ou .'--------.._.___0___- _'_----~~---_O ~-O~OO_----_o. A copy of the preliminary title report shall be included in the appraisal report. The appraisal shall be prepared by fee appraisers who hold a general real estate appraisers certifications (category of certification allows the holder to appraise all types of properties). B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement () Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: Upon execution of this agreement by both parties hereto Consultant will be authorized and directed to proceed with the preparation and completion of tasks as provided in the Agreement. Consultant shall proceed with the work immediately upon authorization and prosecute the work diligently to completion. This agreement shall extend through March 15, 1995. This agreement may be extended by written authorization from the Director of Public Works for an additional year. This agreement may be extended by mutual consent through completion of acquisition services initiated prior to March 15, 1996. 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). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City agrees to furnish to the Consultant, 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 the Consultant in the perfonnance of these services. /6 -- /7 WPC Po\llOME'ENGINEER\J685.94 Page 3 -7 - I/} ----"'-"'-""""---""-""""--------"--------------- - U_----. L ----"--~ City agrees to provide the Consultant legal descriptions, plats, and title reports for the various parcels to be appraised. City agrees to provide engineering assistance to the Consultant if such assistance is necessary to accurately value the property. Such assistance would include prelinúnary development plans, quantity estimates, and cost estimates for implementing the plans. The cost estimates would include land development costs, if necessary, and costs to remedy adverse influence created by the project. II. Compensation: A. () Single Fixed Fee AITangement. For perfonnance 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 núIestones or for the Deiiverables set fol1h below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. () Phased Fixed Fee AITangement. For the perfonnance of each phase or pol1ion 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 I. $ 2. $ 3. $ C. (X) Hourly Rate Arrangement For perfonnance.of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the perfonnance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following tenns and conditions: /tJ --If' WPC F:lHOMElENGINEER\1685.94 Page 4 -- .. ~, --------- - (I) () 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 perfonn all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $100,000 ("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 if the contract is extended for an additional year as provided in Paragraph 80. RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Principal Appraiser $150.00 Associate Appraiser 100.00 Research Assistant $50-$75 Clerical 40,00 Appearance in Court or Administrative 250.00 Proceedings Deposition Testimony 250,00 () Hourly rates may increase by 6% for services rendered after [month], 19_, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $_: ( ) Copies, not to exceed $_: / cJ ,- Ie¡ WPC F,"OMElENGINEER\l685.94 Page 5 - ~~-- ~ ~ ----~~----~ ( ) 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 $_: 13. Contract Administrators: ~\\~~ City: Roberto Saucedo, Senior Civil Engineer '?~ Consultant: William B. Anderson ~~~b \* 14. Liquidated Damages Rate: ~s () $- per day. þ(r (X) Other: It is acknowledged by both paI1ies that time is of e essence in the completion of this Agreement. In the event progress in th appraisal process is found to be unaccept Ie to the CitylRedevelopment A ncy and such lack of progress is due to the sultant's action or inattentio to the service, City shall have the right to tennina the agreement and/or ess liquidated damages as herein provided. It is diffic t to estimate the am nt of damages resulting from delay in performance. The arties have us their judgment to arrive at a reasonable amount to compensa for delay. Time extensions for d ays beyond the consultant's control, other than delays caused by the City, s II be requested in writing to the ublic Works Director, or his designee, prior 0 the expiration of the specified ti e. Extensions of time, when granted, w be based upon the effect of delays to tlì work and will not be granted for de ys to minor portions of work unless it can shown that such delays did or will delay the progress of the work. IS. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer /() /C27J WPC F^"OME'Ð/GINEER\16S5.94 rl//W-~ Page 6 ~n n~n.n__n_n__n n..____-~-, - .. () 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, pennit 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. () 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. Pennitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: /tJ ---,21 WPC F,lH0ME'ENGINEER\l685.94 Page 7 7 .., / --- - - - -------- -----_._--~---/-.~~"-~-----_._-----------~---------- - .------- ". ""--- 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 CIP accounts. 19. Security for Performance () Perfonnance Bond, $ () Letter of Credit, $ () Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City detennines that the Retention Release Event, listed below, has occurred: () Retention Percentage: _% () Retention Amount: $ Retention Release Event: () Completion of All Consultant SetVices () Other: Ie:) -.22-, WPC F,"0ME'ENGINEER\1685.94 Page 8 ,- ~ . .-...-__.___n --------------- - - --------- .-- - ----~~-------.-n_-____n-_"_________n----------------/. . t - , . , § 7265.4 RELOCATION ASSISTANCE TItle 1 Diy, 7 c:r- a.t- ""plalDl III .d ""'«<10' of ........ .r 8CC'llPOO" 8th.. p"'- .r Io.. Ii.tac ~I.r p""'- tIa8o "'". .athorl', ~ pIaJ. tI... "...r .. p...woe! h1 thJo -.. - I = Boponor B'f1 t . - I.Ibru7 a.t..- . ~;,Ia~.(J877 s:.Iaat Do88Io "'180. c.1.a.'¡:",Jaa1 DomaIø 1188.,"'1. Z. H..n... . --'tbo.a&b CoIlr. Not8o ., DocIoIoDo low doe. 801 UI - III, ..d lb. I.kln I. I. ....reI -'Ioa "",it a-.tal ok"'"" for ..Ioeolloa os- of .tto....,. f.... laperior BInI" Bo., f8/r11 ...,....0<1 - """rnd ..b.a p..pe... .... toke. lOr Co. Y. Port of Ookl.od (18171 1~ "hlcl, .n.. .nn.- for ,..bIIe - .... .., ..lIcJod to .wan! CoJ.Rptr.l16. n ~ 881. a'1 or Lao A'.el CoI.Rpu. 188. III § 7266. Allholt&b ...Ioeo, Review II)' public cUt)' or reIoc:sUOD appe&1a board 801 UP....11 pro ..hleb nId..", 10 (a) If a relocation appeals board has been estabUshed pursuant ....10 "".¡..Gle... to Section 33417.5 of the Health and Safety Code, a city by ordinance the ...ri.". p_. .... or . eoocIe... may des~te the board to hear appeals from aD public entitles, ex- do....d or 801 per :'..> cept those state a¡encJes which have an appeal process, on the eI1&I- to....loallo. .. 10 . ::. """.al '.,ho. - b11Ity for, or the amount of, a payment authorized by this chapter, Ba;;:~C:r ~~.. ~~ (b) Any person argrleved by a determination as to eUi\bWty (187~ 126 CaUlp for, or the amount of, a payment authorized by this chapter may I, lie...... have the application reviewed by the public entity or by the reloca- m... 'PPIke., f tlon appeals board If authorized under subdivision (a), The review '1'I0Io4: h, rirta. .r of a determination by a community redevelopment agency may only puhU. ndl1 .... 8 acIIIIIDletrolift dIAl.. be made by a relocation appeals board established pursuant to Section I.. f8 J... to _k 33417.5 of the Health and Safety Code. tI.. 8l&llcIo.... .... . rior 81", 4: Boa,., (Added by Stata.1974, c. 47, p. 102, I 3.8, eft. Feb. 28,1974.) Iud (11177) 1~ C8J .'. 187. lUltorical Note TuaOI ..ho f8/Jec or thle -0 "'¡th r Fono.. I T266. .dd.d b, Bt.u.l9Ø9. c. Dortn"..: Fa"".. I nee. dded " -lIoII "'00.. . ..rI, of .......... ~ - 1489. Po 8Gl3. I 1. p..oidiAC for tb. floal. B..ta.l9Ø9, eo 1489, Po 8OC3, 11. foe .atborll¥ to PO) It, or red.", b, pubU. ootlt, or "')"111.01 ..lIlIoa for ..rll of . oIIelbU¡IJ ar .mo.ot. .... ...pe.l.d b1 for -.," "'¡lhID 8..ta.181(, eo 41, p.lO2, . 8l!, ..a,. of lonu! ~ o.a a.t- Ioc aathorll¥ .. 8. Prwte<tIoa of ...... .r 8CC'llPOO" eth.. p...us- of Io.. 8hfDc _Ur ...- tIa8o i 7267. .. proftdod ., ûIo .-doo., - I 7212. . Galt UIInr7 8-'- III order to II -pol Oorpo..- ""111, c.1.a. If88IdpaI 00.....- I 1808. erty by acreeme¡ , concest1on in the « ...... ., D8do'-I " the public pro¡rar. '8 _rei I I. '8 -'"' . acquisition practlc. , Flail", of""" 4 -.. port at.MrIt7 þ8I'8IIttod IIdt to '. Uc:able, be IUicled MMriI" t .. broacht apIut It ., ..., of _plaløl lie..... 1 for -= of .... .... -- ......h, elusive, except thaI Rniow . -"'c -- of ---- far filial 1 and SectIon '726'. '" '" . :}. /0 ,-).3 ., ~ -- ,------ --------- -- ------------- " .." . ,',.,-1t .~ '"L", ',>. ",',.:'.'" - " " :. . :",',-', i, ',"" .. .. , . , -,. ---0__- . 0 'I'itle 1 DI...'1 IŒLOCATJON ASSISTANCE § 7267 -plabat .. 8IIabIotredY. .....w... to -rt .-.. .- .. 8tatat.. nm, .athorl" ~d .ot M h-'" '0 _. - Y, _thcat. -"-doa 8Dd P.rt to, ......-.... r:~rI~:tB~t~.~:~ è..u Y~;'~ IX8t. (£pp.Jt78/18O Cal.RPIf, 836. o.klaad (1877/ 140 Cal.Rpt" W, 12 C. z-.. "0 _ret.., 6Ipe, Mnko o. £JId 881. ......, P"""- 8Dd w'" w.. ".....Uod to -"tIa.. h.. -- w"" d., ..acht I. H..rI.., .. "'01.. ... .ro...ny fo, ot...t &ad re. ,1138ot_. Althooch Callform. _dog 888Ia!aD<l Itted pa,....... <O1IIcI -k to ........ 8t.It. 8to'1 fIz.., ...Iocado. ""TID..t .. tho eo.. It. do.. .ot ..p....ly proTid. fo, hur, .....do. ...1..: ho.n... loa..., .100 "C ..d th. toldD. 01 nid,... .. Ioaa. of hod ..La...ted"", ad....lot..d.. .....odl... ...Ioeotlo. "'.elllI. 0",,10 requlre....t.... -, required to p......., Ly -y 01 ....,.. fairly I..ponod by lb. ...,.¡.... ,....... _plol.t _kl.. ad..I.lotreth', ....da, rio' IItrat .. B... .hleh "y acerl..ed pe..o. "'y de..and, .0' rath.. tLa. hy -y of ........ to ,kl,.d (1877) 140 City 01 Lo, .br.I., o. Dock.. (1878) 13:! dt,', ....plal.t .. ...",..t do..al.. City 887. Cal.Rplf. 188, 81 c.LU fH, of Moo.W. Vie. 0, Saperlor Coon lor Althoa.h ...Ioeado. uoJ'!aD<I 10... doe, fIo.ta Clare CoO"'" (1875) 128 CaLRplf, .ot ..~re.,ly pro-Ide for. hearl.. at 858, &t c..L14 '12. - ~ board whlel, uld..« 10 reqalred to be toke.. Jf . -...... ... bon ..Ied dal..od ished pursuant _I, reqalre"'.11 ... f.lrly IDlponed b" NIocado. M..flll ., ad..... ...10. of the ...ne. """" which thlo oeotIo.... tI.. _de..aI.r paLlIe ",dty .. III ~re. y by ordinance ..., .,1 . eond...alar 'lOblio e.dty 0. th. ole.. of ItIo daJm by ... co..ralD. body dem,.d of ..y pcr.a. ocerinod by . d.. 0' ..10.. .Pproprlate a..horlty, .. .hat 1c entitles, ex. .e"'IDatlon ., to aII(iblJit , for or ...o...t <ODdo........ ..Lo..tod bl, .dm"'l..re. I, On the elIe\. of ""yme.t ..thorl,od by ...Iocatlo. .,. dr. .....edl... bit ..1, adidaJ .....edy II.. 01..0.« 10.... City ot Noa.lIl. Vie... .. I ", chapter. Superior Coun for Sa.ta Cia.. Cou.ty .. peddo"'" tb, ..perior eoan for reliel .. admIaIotred.. ........... Id. 1 oN elIe\bWty (lt75) 128 CaLRptr. 858, &t c..L14 72. I chapter may' 1. II...... 4. ,.,..111)0 ~ _I.. by the reloca. Wh... ...lIoo.t for ..I_do. ..pe..., DocIoIo. of pabllc ...d., .. '0 ""TID..t .rI,l.r by oInu. 01 .<qul,ldo. of load hr of ...Iocatloa', ..pe.... .fter ,ro...", 10 I. The review publIc ...dly -, .ot required to ,a"" ..b. for paLlic: parpM. 10 flul o.ly a. !nc:y may OIÙY 1Idm1.lot..d.. ehaa.... .. tlret lutu«. '0 ,a.."'" of fa... s.perlor Btrat .. 'to faDu.. to _t ...vIe... by ad.......... S_or Co. y, Pon of Oakload (1877/ WIt to SectIon do, ....01&..., .... ..t ItDproper. S.pe, 140 Cal.Rptr, W,12 C.£.Id 881. rIor Btrut Ie Boar.. Co, o. Pon 01 Oak, load (1877/ 140 CaLRptr.Gl~ 12 c.LU .. -law 887, Whe... ..n -orl,,'a ,_u.. for To....t wbo faDed ta aLo..t "....,1.. ..-.... daImo for NIocado. ,.""", af thlo oeotIo. with ........ to req.... for .ro'IIded for.. """""" .. f...,-. roIooatlotl ....tl.. -. ..t ..dtl.., to ....naI88do. &ad .. epponaaltr to he I 12e8. Mdo4 ., wrll of .......... 4Irootia& tho _. ha"'..,... of """"" """"t .... ... ..thorl., to - _L """u: lb. - nqalNd ta -. 8dtDbdotrad.. noI.... .3. II. peddo. for writ af -to ... ....... Wo... ø.. Ito -plabat for ODe. NIoca. far -.,- with'" ...oI&tO17 nqaI..., t"nrt "r"B.':r ~~r ~...., =:~ _to of fonul aII8c with lb. -, lie 8Dthorl" .. . ........wto ta - (1177) 140 OoLBptr, au. '12 C.£.Id 881, Dr ....-"" § 7267. ~ for paIIIIc IdUeI III onJer to eIICOID'8p aDd expedite the uqu1sftIoa of rea! prop- ..ra"'" . uos. ()¡~ erty by qreementl with 0WDerI, to avoid IItIptioa aDd relieve concestJon m the courts, to 8IIUI'e Clll!llltent treatIÞeDt for OWJIIJ'I m the public prcIIr8DII, and to promote pubuc confidence m public Jane! acquls1t1on practices, pubUc entitles 8haJ1, to the ¡reatellt extent prac- permltt.., mt tIO tlcable. be ¡uided by the prov a1O111 of SectlOIII 'l26'7.1 to 'l26'7,7, In. , w.y of -pla"'t elusive, except that the prov a1O111 Of IUbdlvialon (b) of SectIon 7267,- , ...... ........, 1 and SectIon 7267.2 aba11 DOt apply to the acquIs1t1on of any -- d; a for fIIIa¡ '166 /¿J,..;2 cf 7 ;),f' ---. ---------- .-- - -".~--'-----'-'-"---- - ' : . . § 7267 RELOCATION ASSISTANCE 'l'1Oel Dly,'l ment, rl¡ht-o!-way, covenant, or other nonpossessory tñterest In rea] § 7267;; property to be acquired for the construction. reconstNctlon, &!tera- ~K tJon, enlar¡ement, maintenance, renewal, repair, or replacement o! BeCon 8Ubsurface -1'1, waterlines or appurtenances. drains, IePtic tanks. CII' stonn water drains. entity aha] sation ther (Added b;r Btata,1971, Co 167(. p. 8160, I 10. .Amended b;r Stata.1976, Co ty for the. 108, po 682, 11.) , be Ie$¡ tha III8Iodc8I Note value o!su : valueofn 'ft. JII75 ..-..t ....rteð ... ... I'vl'lll.r , 'I2S7 .... ......her04 , 'I2S7,. caused by eopcIoA. . ...d ...,....sed ~1 atatL1871. Co 11574. Po 1180, I 8. I qulred, or ; Qw8 8d..- t 8Ucb Imp '( within the .ropenr .eqaIoltlœl ~1 porcbul or ......s......doa, -,MlCllon of öIa -...... ¡ prded In c! '7274. . Prote<don of 0"'" or oecuput. other pro1'l&l.... of .... striDe anot.. ,_ecdoD Pan r entity Jha1] .. pnmded ~1 tÃiI MCtIoa, ... '7272. : written Its: UIn'u7 -- tabUshec! ., J:8Iaaat Domala "'130. c.1.8. EmIoaat DomaIa 11J8 .t Mq. er occupied dent1a1 wrlt NoC8I '" D8cIaioDI a copy of tl I, I. ......1 prlate, the Citr'l faDore to follow auId.Uo.. for "... tOad.moltioo. Tooo Y. Cttr of Boo. dama¡es to M,odado, wltb Iud""".. ""d.. thb IOC' t& Barb,," (1879) 1151 CaLII,tr. 812, 88 (Added b;r I CIoa ...oId DO' ...... ..... 01 Dcd 0 10 10. c.A.8d~. 118, 11,) § 7267.1. Acqu1sItiOD tiatlOD; appra1uJ . (a) The public entity shall e every reasonable effort to ae- n. 1878 a. quire expeditiously real property b ne¡:otiation, " _t..... Nlad (b) Rea] property aha1I be app before the initiation of De- ... appraIuL cottations, and the owner, or his des! ted representative, aha1I be 8fven an opportunity to accompany the durin¡: his Inspec- ........,. -" - tion of the property, P/.....~U '7274. ProtoctloD of . (Ádc1e4 by Stata.1911, Co 161(, p.1161,III,) 10 pnmd. 0- 8d- ~rt1 ...- ., ..- .. .......-. --- 0( .... -. - 8oIocodoo .. '7274. J.,1. U4. ~ of _r .. -t, ....r .-- 0( 10.. ...... .-- ...- .... 10 p...wool ., tWo -. - , 7272. . UInrJ a.r- I8Iaoat Ðooo ...... Do8aIa ~1., c.1.L IÞoD8t ~ , 122 at _. § 7267.3 . ..... ., ..... I. ........ Oat proportr .. ""'1'04 tar .-ue - '1'be cor ~ -- 0( _r 0( ......t ... laperlor Itrat A Boacor 00. ., Port 0( .... 10 ... ,..roqaIoI.. to ,.,...t Iff Ie- 00kIud (UTl 1«1 CoLaptr. 1111. 11 C. be 80 8Ched1 ...... --. .. It 10 ............ AM 187. '66 Ii? ',25 ---7----;¡:~ ?;;\:~~;~j~i.'~N't:~~~~f7;:~'~?~i~jr:'~='_.{~1\' :..:;.: '.~:i/.~:::'::~~':".-.' .-t,...>.:.\~;:.:..>;:~;':~~t~~~~ri~:'.' --~----~-- -~---- :~~'<i~';~_{"'," '. ..48;'-'" - -',"".' . , -. - --_. _. -- --- . DIy. 7 ItELOCATlON Ã8SISTANCE f 7267.3 nUe 1 IftSt in rea] Jut OOIDpeaatlOD: fIfIer of lair 88I'Iœt alae: writ- tlon, altera. 8eD ~t: rnIew of appralal laœment of Be! the InItIatIon of IIeIOtIatfons for rea] property, the public eptfc taJÎks, Kc...!" ...':~ ¡; entIty establish an amount which It believes to be jIKt compen. atfon there r, and IhaIJ make a prompt offer to acquire the proper. itats.117 ¡, c. ty for the fu1I ount 10 established. . In DO event IhaIJ such amount be Jess than the ubUc entity's approved appraJsaJ of the fair market value of such property. Any decrea.se or inCrease in the fair market value of real propè~y to be acquired prior to the date of valuatIon ,be"" I 'I2e7~ caused by the publlc"fmprovement for which such property is ac. n. Co 1574, p. qulred, or by the lIkeUh¡xx! that the property would be acquired for such Improvement, othèr, than that due to physfcaJ deterIoratIon - within the reasonable con~ of the owner or occupant, wID be disre- .. ooedoa, - carded in ~termlnln¡ the compensation for the property, The public ;"'-OD .- entfty shall provide the owner'll( real property to be acquired with a Written statement of, and summary of the basis for, the amount It es- tabU,hed as just compensatIon. Where the property involved is own. er occupied res1dentIaJ property and ~ntaJns no more than four resl. iJ, tq. dentlal units, the homeowner 1haIJ, upo"req~ be allowed to review a copy of the appraisa1 upon which the òffer ü based, Where appro- priate, the just compensatfon for the reaI\property acquired and for r. Clt, of Bu, dama¡es to rema1nIn¡ real property shaD be ieparately stated. LBp". 812, 88 (Added by Stats.1171, c. 1674, p, 1161, I 12. ÂDlmded by Stats,117S, c. 17S, 11.) . IIIICorbI Note !ffort to aeo 'ria. 1878 ...ud.....t _neo! tII. fifth _t.... nlatlaa to "n... .t 0 eop, of tIM oppralaal. atlon of ne- ve, aba11 be Qws a.r- his InIpec- "..,.n, ....,wdGu ., ........ .. -....do8, --- of IWo -. - Im4. . I'rotoctIoa of .-or .. -.. _. .....woo. of In ...... _tor ..- .- . - ...-.,IWoMetloD,-I1212. - I.Inr ...... t' .11tJfos .. -. -' 8eIooodoo -- (1f72 I heIðe L.l. U4. t -- .... ...., a.r- "'t PeaoIII "188. CZ'&"""'t IIo8oIa 112:1 at ooq. IZ2 at _. f 7267.3. IIcIae4aJIDc ~ ... ~t: written 80- ace: time ... ~ -:; The construction or development of . pubUc Improvement 8ba]] ~, ..rTi Co be 80 lcheduJed that, to the ¡reatest extent practicable, DO person / ¿J ..- ~ '157. -rj - II ~ ~------- -- , ." , .j § 7267.3 RELOCATION ASSISTANCE 'l'It1. I Dlv, 7 IawtuIly occupying real property shall be requIred to move from a ~, usumin¡: a replacement dwe1Un¡: w111 be available, or to move his business or farm operation, without at least 90 days' writ. P",porte 0""- ten JIOtIœ from the publ1c entity of the date by which IUch move is fmf. req~ . p_~~~ (Added br Stata.I971, Co 1574. p. 8161. liS,) ; 0- a.t- ¡:"w,..., Do. Property ...,.IoItIou ., ...- or --. -- 011 CIWI -.... - Pnc~"::~f ...... or -put, otber ,-- 011 Io.. 8Moc -,.. _oedoG - ,- § 7267.( Io ,..mdocl b7 Woo -.... - f = ~ I.IbruJ a.r- t U any Malclpol Oorpo..- ÞS1f(1). CUJl. Maldpol Oorporodou f noo. ~ the power ( : condemnat! NoC8I III DodoIoM . it neœssaI; I, 10 "0"" - '0 "e "",lIDder ""porty. tbe.. ... t tact of the " . ::r" .::~:.':::::o .::-:::-:~; ::"~ï: ~~ot;~.:. °i.:.n! ;.;,~: ~; ; (Added br S for ....., Imp......,...' faul,ed bo.o v. Smltb (1876) 127 CoIJiptr. eee, ~ c. : _dA.ed återruptioll of -.......' .c. LSd 7f9. ,¡ ! Propert, -. § 7267.4. Fair rmafaJ nJae; ahort-term oeeupler î ProtJ.¡"::~f , U the public entity permIts an owner or tenant to occupy the I 10 p..,.¡, . real property acquired on a rental basis for a short term, or for a pe- riod subject to termination by the public entity on short notice. the ZaIIIal Doc amount of rent requIred shall not exceed the fair rental vaIue of the . property to a short.term occupier, : § 7267.7 (Added br Stat.a.1971, c.1674, p. 8161, II'.) , . 0- a.t..- U the a Pro..rty ocqulal- by ...- or _do., __a of CIWI -.. - ~ ~ f 127f. economic: rE .. ~~~::=;~ =.;:~~...- of Io.. KIno, _"r ,rotec:tloo .... the entire p] (Added b1 St UbnrJ U- ZmIoooI DomaIo -, CU.8. _, DomaIo f 829. . '-""rt7 ~ - t 7267.5. 00erd0II to -pel ac-t .. price ....J::~ 0 III DO event aba11 the pubUc entity. either 8dv8Dœ the time of 10 ....-w. condemnation, or defer uecottationa or conðm""'tion 8114tbe depoI\t cI funds In court for the UR cI the owner. or take IJI)' other action t 7267.8. coerc:Ive In Datme, In order to compel 8J qreement on the price to lie paid for the property, (a) AD ~ br Stat.a.1871, c. me. Po 1111.111,) ment JI8)'D1t 768 /ð ,.,2-1 -------------- - - ------- - ----- - -----"------~"~--~---_Cc_--- --------- rUle 1 DI1'.7 IŒLOCATION ASSISTANCE f 72G7.8 to move from a .J avaJJabJe, or to a-w- rt 90 days' wrft- :h IUCh move is ~rtJ' ...-- ., ........ .. --..-. - 8f 6Ia -. Nt ,I 11274. I'nt_. of ....r 8r --<; 8tIoor ..- et law 8hI8a _ter -- tho "p...wocl"'--'-IT212. LInr7"'-'- '.. ~ I:múmot Docaba "'170. c.1ß. EmIoat DomaID 122{, If W. N<tIoo, Nt ::; .. lor P"'oetIoo tho § 72G7,G. OoaclemDaUOD prooeed1np; IutltutlOD by public en- .. tit¡ Iutead of by OWDer U any interest in real property Is to fie acquired by exercIse of - ....<10.. . uoo, ,:;. 0'-' the power of eminent domain, the public entity 8haIl fnstItute formal condemnation proceedfn¡s. No publ!c entity 8haIl intentionally make it necessary for an owner. to fnstItute Iep] proceedfn¡s to prove the "...",. 'ho.. Woo fact of the ta1dn& of his rea] property, f'd of 100. or ...' . À"C.I.. Coco" (Added by 81.81.8,1971, e.ln«, 1'.1162,116.) ,p 166, ~ C. Qau W- . Pro...", 8equ1a1<1o.. ., ..- 8r ...-<10.. _"""'0' 8f tIWo Hedo., Nt Im{. - ) OCCUpy the Protoetio. or """or or O«'IIp.,'. othor p...woo. 8f law 8MA& _,or protocdOll tho 10 proridocl b, tIWo _0" Nt . T212. , or for a ¡Ie- LInr7 W- '1 notice, the value of the EmIoa' DomaID "1116. c.1ß. _at DomaID 1:109. ¡:"'C ;,.:c:..,.;; § 72G7.7. AoquiIIUOD of _tire property; aftlduce of IIIIeeo- ""-- 8omJc _t U the acquW' of only a portion of a property would leave the ... -..... - remafnJn&' portion ill a 8h.ape or coo4Ition U to COIIItftute an WI- ,........ diu ec:onomJc remnant, the c entity 8haJ1 offer to aDd IDa)' acquire the entire property if the 10 desires. (Added b7 8t&tL1t71, c.1I74, p.ll 17.) :18, a..~- ~rtJ' ..,wtIou 'r ........ .. ~ et tWo --. - - 11274. he time of I'náCdoa et _r .. -'- ..... ....... et law 8hI8a -- -- diu . to .- ., .... --. - I 'm2. the depœJt tiler action 17267.8. ~--"--'_.. Ie price to (a) ~ public u:~ adopt ~ and ~tlOIII to tmple- " ment paymerlÙ and tò dmtn!Iter relocation udJtaDce under the 759 /0 ~ 75' ~-S9--- - -- - -- ---------------------------------.--------------- ~~~ -- " , " . § 7267.8 JtELOCAnoN ASSISTANCE Title 1 Diy, 1 provisions of this chapter, SUch nIJes and re¡¡ulatlons shall be In ..1,... h7 ""hli B..,., eo, y- conformity with the cuJdelines adopted by the CommissIon of Housing JfO CaI.R~". G Wb... rei... and Community ~!opmeJ?t IJI,Ir5Uant to SectIon 7268. SUch rules .., ....Ire<! " and re¡uJations Iha11, to the ~est extent poøIble, aJso be COIIIistent a.dlOri'7 fo, . U to federal and nonfederaJ ~~, Iocad... aft.~ ' (b) Notwithst.andin&' the ProvisIons of 8utxJ¡v1sIon Ca), with re- § 7268. I¡)eCt to a federally funded pro~a public entity 8halJ make reloca. _«ion assistance paymenù and p ~ relocation advisory usistance u required under federaJ Jaw, \ - (Formeri)' I 7267, added by 8tata,1969, ¿',IC89, p. 1043, I 1, eff. Sept. 6, - Ca) Th< IK9. Renumbered I 7261.8 and amended Ii,. Stata,1971, e. 1674, p, 8160, I shan adopt I, ÂIIIeJIded b,. 8ta1&.1972, e. 1807, p. 2607, 11,) chapter and III8torfca1 Noie bypubUcent n. J1I11 a..ncIm.., ........bere<! th. "(hI Po""OD.. ""d., th. p""i.lo.. of Cb) Tho M<tioA ...d ".ro" th. tnl. which p..vl- till. eh.~I., b, th. Depa......." of Poblic 8halJ, to thE _I, ...d: Worb fo, propert, aeqalaldo.. .hall be PresldentJal "Po,...... """., the provlafo.. of thlo 10 oceorda... wI'h ...h roI.. o.d ..coIo- ebaPI.' oh.1I be .oel< 10 .~bl. po,.... do.... ohoU be adopled b, th. tlepart- PresIdent of 10 _rdo... wllh .uch rule. ...d ..,uI., ...". requirement d- .. ob.U be adop'ed b7 the S'ot. "(e) Such recuI.IIo.. ohoD pro\id. thaI Boord of eo.'rol for prope", aeqaJo do.. tl.. pa,....', o.d ooal.taD.. ....Ire<! of a ty Acqulsltit ., a OUt. .,..e7. or the ,o..roJn, bod,- pablle ODdt, ""d.. till. ebop,.. oh.U be re£U1ations I of ..., oth.. pabUe ODII". for Propert1 ad..I.I".re<!'" a ...... 110.. ho f.I, ...4 _alaltio.. h7 ouch ODdl,. Po,...... .......bl....d.. aaJform .. pracllcabl.. Cc) SUe .od. ... ..10110. to prope", oequl.ltio. TI,. ..culo,lo.. .h.U 01.0 provide th.. th. ance require for _d. ...d o'reeto b, ...bUc oolld.. po,...... oboU be ..d. a. pro"p", a. ath.. tho. the a"" oboll be ..d. I. .e, ",lIlbl. or. .. h.rd.hlp eo"" ... ad...... tered In a m: -r4oaet wllh the promla.. of Artlel. 8.:1 10 od41110., the ..",Iorio.. .boll pro\id. a tlcab!e. ThE (-..doe wI,h 8«<10. JM) of Chop- ....o..bl. ..lIue. Iimlla,I.. ... d...rm"', t.. 1 ot Dhi.lo. J of Ih. S"..,. o.d Ioe Ih. 0.....1 ...~ ......ohl. upe... ... . made u pro meh...,. Cod. oDd ....10 rul.. o.d ..cul.- ..o,i.e a baaiD... for p......... of Seedo. addition, IRIC do.. .. oboll be odo~'ed br 110. SIOIe De- '1282," po......., of P.bh< Work.." Seedoo. II. C! of 810...1912, .. 1807. p. In detennlnl n. 18'12 o..ood...., rewrole lb. oee- IeO8, provid.: ness for pur¡ tIoo. whleb p..viottol, ...d: "See. II. Tit< LoI\Iloto.. Iolood. thaI -(01 Ez"PI .. prorided ... oabdlml... .... provloloDl of thlo a.. oboll old'" the Cd) In E (bl, po,....,. "od.. th. proviola.. of thl. altorm adDIlAlotrolio. of reIocario. ..- Community ] . ebapter .boll be ..d. to e~bl. po..... oIotoo.. b, ""hUe aUdeo th_boal tbIo .. -rda... with ouch ...Ie. ...d ....10' OUIe. in¡ out the p tIou .. oboll be adopted b, doe ¡¡tole "See.C!. 'nolo a.. ahoU ........ _ra- (e) The Boord of eo.'rol for Propt", _ulollla.. dv. a. ,..r ofter'" oftoetl.. do',," , " a OUIe "'.cr. or tb. ,o..roJne Md, I 8halJ provide ., ..., other pahlle ODUtr. for proptrtr I draftIn& and ....,s.¡tIou ~, oaeb _1111, > and to admfnj . 0- 88f- (Added lIT 8t< rwo, ., ...... uð rocaIotiou "'ptod _t .. - -. - I 72111.8. 8tata,1971, e. 1 ........... of....... or -put, other p"'- of Jo~""" _ler.-"'" tCV.l.C.L1 """"""--'-I'f212. - .... ., DecIIIa8 I I. ""'- .. .... wltbIo 1....... -18- ..rt, , 'l'be un -., ..... part -17 "-rI1 f8IIod ... oaIt for oaeb reIocatloo a- .... ""....oot of I . "'pt rocaIotiou wlddo -'" .... No 118M1r",,"""'t 14 _tho .,.., riNd eo "'pt ru ...... that - lor -- a- _t"'" '- 1M! '-'" '160 /{J r;--f ~--- -_u- ,----, - -------------- ----- ----- ":o::,;.,',:~.,~:,o<, :.' .~,~ d"".: , -' - -' 0 . -, ,- 0',.,'" ":. ;;, '. -' DIy, T ULOCATiON .ASSISTANCE § 1268 A.tIe 1 4a1n<! ~1 ....~110 1IIIft7, 1Ioporlo. B,na'. 8rtJ' 1o. ""110 .... ... -rlt7'o od, ba1l be In aoocr, Co, y, Port of Ooklo"" (lIlT/I _,rod.o .......,so... wero Ioodoqua,e. I Ho~ J~fe~~~~12n~I'~t'" :::',:~o ~~~...== :d":; ;Uch nJ1es .., reqaln<! to P""Dt doIlD Mfo.. port ..,..t"rrod br _..do.. ..~eD flied consistent :::'~;::10::~ :-.::; ~ ':.I~ro':: == :':'=~4.01'" eIoúou,'o rlcbt of k' -.:..~ re- § 7268. Galdel1ues II)' eommIuIOII of IIouIDg and eommUlllty e ~oca- us1stance t1eveIopmeDt for paymeata 8IId relocation aulataDoe; aulataDce to pabUc .titles If. Sept. S, K ,- --- (a) The CommIssIon of H~ and Community Development . p, 8160, I ~ ' , ,,~ ahaD adopt EUldelines for the Implementation of payments under this -' -0 Co. chapter and for the uniform administration of relocation assistance :,"'- - °- by pubUc entities carrying out the provisions of this chapter, _ODI of ~ (b) The Commission of Houslne and Community Development .., 01 PabUe 'ahall, to the fullest extent possible, conform auch EUldelines to the 0:=. o~~ Presidential Guidelines promulgated by the executive office of the \oport' President of the UnIted States, Office of Mana¡ement and Budget, the ...,ñcle lIIot requirements of the UnIform Relocation Ass~ce and Rea1 Proper- /Oqaln<! of 0 ty ACQuisition Policies Act of 1970 (P.L. 91-M6),' and the nI1es and ~'~ :~u 8A~ reEUlations promulgated pursuant thereto. , . ~:"~oe:~~ (c) Such guidelines ahall provide that the paymenù and assist. ...,lDptl, .. anee required of a public entity under this chapter ahaI1 be admln1s- :J' p=;:'~ tere<! In a manner that Is fair and reasonable and as uniform as prato 10 d",noloo tlcable. The ruldelines ahall also provide that the paymenù ahall be :. .:r=:. made as promptly as possible or, In hardship cues, In advalÌce, In addition, auch guldeUnes ahall provide a reasonable m1Jea&e Umltatlon . eo J8O1, p, In detennlnln¡ the actual and I"eUOII8.bIe expenae In moving a busl- ~- tIoot ness for purposes of SectIon 7262, II old 10 ... (d) In adoptln¡ auch IUidel1œs the CommIII1on of HOUIIn¡ and == .:; Community Development ahaD ~ with - the pubI1e IDtlties C81T)'- - _roo fn¡ out the provIafona of th!a chapter. ,....- 0 (e) The Department of HouaInc and CommuDJty Development 8ha1I provide conauJt!n¡ and technJcal aaIatanœ to pubUc entities In draftfn¡ and amendIn¡ nJ1es and reruJatiOlll to Implement pl)'meDù and to admln!ater relocatiOll ua1Itanœ UDder this cbapter. (Added b1 Stata.I969, c. lU9, p, IOU, 11. 8ft, Sept. .. 1969, ~CIed 111 ::.-.. 8tata.19'11.c.1I'14. p.llu, 118; Stata.1t'12, c.1IO'1, p.I6OT.II.) s C2 V.I.(U. . d80J It _. IIIIIorIèaI Hole lit" '... ,erl' n. JJ'1J ",-lDct pNftdod tIoot tile """t _to 8Dde, We .....e. ., It II . ftl .port...., 01 ..bU. _rb .... .D""" ad tNt III. .....ralDr 1oodI.. of oth.. _. ,0 .ft.. - to ",,"p' na1oI ad npladou to lID, paIIIIo addoo. _. - .... ......... _tU' ... '161 -9-~3ð-' / ¿) r3 ¿) ---.. .._.._-~._.. ...~..__.._---- -- . .~".'-"..: § 7264.5 GOVERNMENT CODE GOVI aceord&nce with rule. and... la6011l ado W b the blic ...' . Where a clio lacin a n 10 11167. arIa In a ro .., n to a .tato en or an "e... e n 0 rueoan... DOI1l In aceo oe . or e lID emon"bon 0 11 0 a r e tonnmabon 0 ... to e unuant to .g ""0.' I. I.. unuant to ooe ru eo an... DoI1l. T'ooo (b) No po-. abaD .,. required to """'e from Iúa or hor cIw~ boc:a.... of III acquialtion ..,.. 112. 88 pgb~c ...tily, IIDIeu . . . eomøanble nplaœma>t 1iOuam¡ . . . - anilable to . . . the 1><-. 11%67 (0) ~ of determinfJl¡ the applic:abDity of aabclmalo. (a), the public ."thy ia horeb, deai¡na u a dg~gthorúed adminiatratiYo body of the &tale for the I1IrpOMa of aubdiviaio. (e) of (a) ~ Sectio. 408 of the ,"""go and Tua60. Code. ""&otiI (d) . . . 8gbdiYÍaIo. (b) abaIJ DOt apply to a diaplaœd 0W1Ier who - iD wrItin¡ with the public (b) I ."tily to remain iD occupancy of the acquired clwallin¡ .. prcrrided iD aubdi-riaio. (c) of Sec'tioo 1263, """er' (Amended by 8ta".1981, Co 885, p. UTI, ¡ 4; Stata.I989, Co 828, I 8.) Iúa~ ~ap¡ ØIotorlca/ aII4 SlatuIor7 N- ~ It81 """...nL S."'titulod, io ..M, (OJ, tho npI&comeot houoin6 cannot ~ ... mad< .n;> (Amen ~ "..,mparable rep""""OI bo..in¡-" ODd "thaI able, tho pab ;C caät¡o obaJl ... t....u autboriud for !he bo..ior" for "..cb bouin¡-"; ODd added ..M, Cd), r'~f:;~ ~ ~~""" thaoo~ INt """Io~on I'" 11>< 1189 a_. mad< . DO"."""." d1Ioro "(bl No ...... 8b&IJ ... nquirod 10 ..... from bio !'lie io ..M, (dl, &lid ........... ..bd8, (0) &lid (b), wW had 4w1llior "-... of ... ocquJoitioo b1 . pab ;C o.tit¡, ...M,II ~.-ided: .... tho.. ÌI rep""'me.t bouin¡-, .. cIeocn'bed in _ub. 'Xa) If compenble ...p""'ment bo";"r ÌI DOt ...n. .......,..ph (3) of ..bdivilioo (c) of Seetio. 1261, ..... able &lid tho p.b ;C ..ät¡o detenoiDa Ibot comparable able 10 bim," Nota of Doel.loft. Dv1J' Lonrth 0(....1doae. I L ...... 0( -- - Ninei)' day -ideacy ""I"""'" 01 Cov. Cod< L Du' I. Cooaporahle """'...nt -u.. I us. ¡ ;d DOt apply 10 prodode ....... io buD.w.,. co CIty'. --...eð - from boioc -iderod lor Iu. ...... Te..... alleredly dØplaced by ..,lIero'. "'I.ilitioo 01 bo"in6 lollowin¡- ........tion of Ibdr teIwIcies, whe.. -",\ tlcnof =~7l:7ctf~ ~:~~.:~r~ 'm".:'; DO _ble replooemo.. bouin¡- - ..ailable, obotacl 01 "..,mpanblo roplooemont bo..ior," .IIcKeon Y. Has. Gucia Y. ""thony lApp, , DilU189) 2511 C&1.Rptr, 893, .. &II' .... Coile,. 01 the Low lApp, I D.L\~) ZSO CeJ. III Ca!.App.ad 417, ...... _. 10......' Rptr, 116, lIS C.A.ad m. ...... tIIe;.pt t 7%65, AIrport properlJ' _ulailioft; ..,ftllcuou~; 8UltIoaaJ "1IMDI (a) In adcli60o to the paymen.. required b, Section 1262, .. I _t of acquialtion. the public ."tit)' 1m-. abaIJ make I pa;m.nt to.any affected property 0W1Ier .....~ the requirema>ta of t/¡j¡ oeetioo, (! ! (b) The affected >I'Ope1ty .hall .,. immecIiatoly -lieuol1l to property acquired lor airport ne¡oe parpoiiï and the """or allall bo.. owned the property atrected by acquialdon by the public ...tity ~ IIDt Iua than 180 cIa)'l prior to the initiation of ne¡oCialion for acqllÎaltiøo of \be acqWrad proporty. toaa¡ (0) I!!!~ "IIIent, DOt to aœad ~ ~ ftft hDlldred doIIara ~, abaD .,. the - offer I amount, "'y, wbieh equala the . In \be IIJr 1IW'It01 oaIue prope~' of the ......t aflected >I'Ope1ty """er ea1lMd by \be acqulaltion by \be public CDthy for airport I1IrpOMa of other :-~ ,.¡ >I'Ope1ty and I ehan¡e iD the - of!!!! property, ' (d) The lIIIDunt, If aD1, of actual decline In lair lIW'Itet oaIue of affoelad property abaIJ.,. \beJil determined aecønIúI¡ to NIta and ft(1IIationa adopced by \be public IIItItr par&nant ID thia chapter. := ~ ",lea and n¡ulationa abaIJ limit payment 1IIIder thia ~ to ~ drewnoIaøea iD which decline In lair market \'8IgO of affected property II Iy lid ID objactive ph)'lÎC8l =; ehan¡e iD \be - of acqtúred II'Optrt)', CAmended by 81811.1989, Co 828, I 8.) prt>J>O, aDow. IIIoIGricaI aM IIc8Iodo87 Hocea -p< aepar. 1M LarWaIIoa ä 11>< 1189 - - \be ........ poy. nc",' 8ItDt from fl6,OOO 10 f22,aOO, &lid made -.bo- ~ .....,.., AcIdItIona or -- IndIo8t8d .... """"'~, II8I8IIona .... ..-. . .. 262 ~--f--:-- liJ rJ I '--.'_n- --------_c_-~--, m_" " § 7267.2 ,1261. GRlcleU- (or ...bU. enlilleo N-.or- .. ..-.I r&~. 110, 10\ C"Ud 184, -.vi doDôed 101 OT her chrllJioc i.- . d":s v~ or~&.~ ~~~ ~ s.~ 171, 4ü VA 801, 16 I.Ed.2d ISI. ~¡¡ . . . l! DIe of It. ~w.itIoa b¡ of IUbdftia. "-bIe to .. the pe~ ~ the ltaw f'::' the public entity ¡, buebJ i Im.l. Aequ\lltion by ~n; appnIJaI >IUpooea af lubdiriaioa (e) of (0) The public entity IhaJI malte rrer¡ _Dable effort to ocquire cxpodjtioua1¡ real property by dOWner ..110 ....... in ">itin ' ",oâ&ôoa. II prorided in lubdi . . ¡¡ 1rith the public (h) Rea! property lball he IpPI"IÍIed hefore the initiation of ...¡¡oti&ôooa, aDd the o.....er, or the 89, c. 828, f 8.) VII'oa (e) of Sect;oa 72ßS. ...er'l deli¡¡na~ rep....atative, lball he ¡¡iven an opportunIty to OCCDmpany the .ppr&Ìler dur!ñi '" or her lnapection of the property, Ho..ever the ubli. enti m.o ru",¡be. rocedu.. to ...ive iIo17N- Ii>< ...---rãis.1 in cue. involvin the u..,bon II e or ooabon 0 ro ..,. -. Oil' Iß&r et "'...ot /to....,. cannot 0 . !!J!!, . Ib. public ..~ty aha1J... 'i:;:< be m&de ,...1. .Ameaded by 8tal&,1989, c. 828, f 10,) ct for "bieh Ib. - ,~thoriud for... q acquU.d 10 pro.rJ:~:in~t...., the"'f, _TIcal ....d Statuto". Nota oj No """'0 aha1J be" 'H' J.eoW&tIon ..,. boœoa. ot It. ~~ In ""e fro.. hia The 1189 .....cùnent oddocI the - ........ or . lb... II ..pIa,,':::,u.,.on by I public en~tv "be! (hI, ..laân( 10 ".mr of tbe &ppraia&J. ..d awle raph 13) of lulldi....;.. I~~IO~ de,cribod ¡.; ....ubot&n~ve ch&nc.., 0 him." 0 n 7261, ov&iJ. .... Nota of DecUlonl lIItIIofroou..... Dot, I .... (J,pp. I DilUIto) 1'76 C,l.Rptr.17, 225 Col.J.pp.ad 88. ty I'aÍd -. City'l dlerod pro.... 10 purd>ue portion or Iond It d. ,oppl ~ncy ftqw..men, of Gov. Code fair awket vdue ..... DOt UlU..ption of duty of lpeciol '1Ied ..d f~ C::Ude ~... in huildin.. o. I. Dot, protoctio. -...d Iando.....n who lOuChl .. 6mlop , followinc Ie........tio. ~~ for .., "'on City', dleCed .ttempt 10 keep ..d io ..developed ...wnior portion of !and.; like dl ~"). acquõnd .....ble ..plaee....t /to. -. "her. ,~", It. dlerodl)' ..........ble offer .. pun:hu~ por. :J::.h .~;:n.:.u~~~ 'š:i:~~ :'EC:; " A.ntho.y IApp. 6 Disll~~~~ "u l.sJIoble. no. 01 I&nd. ..d !to dleCed place...nt of formidoble of So. Fr&ncio<o (App. 1 DilUI9O) 1'76 CotRptr. I , App.ad 467, ......" denied. CoJ.RP1>. 193, obo...1et in poth .. ... of ..d could DOt be _trued I2S CoJ.J.pp.S<! 88. u Ulumpûon of special duty 10 pro.... londo_n° '/biI M<tio. d;d DOt ........ .. dtr ,...~ Ion dot)' io.......; cit)"1 dleCed &CIa ...... bat delcribed u .nth...- 10 __n° opplicatio.. lor develop- ~ 8dcUliono/ Pl7m-nl ....is"n~r "'ve... 10 1&n6ooroen' delire 10 develop ....~ Sinith v, City ..d eo..t)' 01 Son Fnocilco 1App. their propc"}'. Smith., City aod County of Son f'nn. I DilLlIto) 1'76 CoJ.Rptr. 17, 225 CoLApp.S<! 88. . II I coat of acq , . . ..tin¡¡ the req ,U'"bon, the public entity f 7167.%, lull eompepoo1lon; propertyoft'en6 lor II1e by 0WII_r; oft'er (or II1e denned .... to pro """mea", of this lection. I!J Prior to Idoptinr . raolution of _,Ity pursuant to Section 12(5.230' Ind iniâ&tinr ICted b)' lCq:J.¡rI?' acquired lor IÏrport De¡oâ&ôooa for the ocquilition of rea! pn>perty, the public."tity oh&llatablilh In IIDOWlt ...hic:h it ror lCqulahiòa o~b~~bije eatity believ.. .tc he jult complDlllion therefor, aDd IhaJI malte an offer to the .......... or 01lDUl of record hundr.d cIolJon Property, to ocqwre the property for the fuU _at ao lllablilhed, a"" the .......... - be Ioca~ with . marliet "8/ue ~,5!IQl. IbaJ he the nuonoble cIillre_. The offer -y be conditioned upon the \e¡¡illlti.... body'l nti!ic:ation of the >lie entity ~ 0 e pn>perty of the offer '3.. aecn1ioa of a ...- of ocqullfticm or 8doptioD .f I raolution of -111 or both. In ao or IÏrport PIIlpooa of other ..eat 11 !!!! &mOat he leu tIwI the pub1ie entity'. oppt'O\'ed Ipp1"IiIII of the fllr mullet nlue of the~, AzJ1 decruae or iDcruIe In the fair mullet "8/ue of real prapert)' to be ocqoired prior : "8/.e of alfetWd to w of ftlultion caUHd by the r'b,1ie lmpn>ftlDeat (or which the II"Opert)' It ocqoired. or by public entity P\lrlUID~z. IbaJ be the likelihood that the prapert)' wouI be ocqoired (or the Impromnent, other tIwI that clue to " ~ to th... . chapter, pbyaical det.oriontioo within the nuonoble eootn>l of the õñer or "::Ii"..t, IhaJI be dioreprded in 110 I)' ~"':':~ in -hic:h deIÐmIDiDr the OOIII IOIII&tion for the prapert)'. The pab1ie IDtity prooide the .......... of real ve phy,icaJ ~ be ocqalrod with . writteD IltatelDeDt of. aDd IQIDIIW')' or the ..... for, the &mOant it _tablil u jult eompeDllÔOn. When the property iIwotfed It .......... oooapied ....ideaâ&1 II"Opert)' 8Dd OODIIÏDI DO -. tIwI foDl' raldenliallllÚtl, the bomaowDer oh&lJ, upon roquat, he .. allowed tc ft1ÌeW . copy or the appnIIaI upon which the offer It buIcI. When ~te, the jult compeDlltion (or the real prapert)' ocqalrod aDd for damara to I'OIIIIInIDr prapert)' IhaJI he I8 1IftWI)' ItaIed. NotorithItandin ,ubdiriaion . a ublic en' tnI malte IJI offer to the .......... or a......1S of rec:o tc Uln! rea ro or ' an &lnoant.. e It leV" tc ..leom nil bon 1Ir ,.. or 1 e rea ro II 0 e orooe o.....er It I I II n 'I' 8It8rI8b . .. AdcIIUOnIor---b)'!!!!!!!!!!!!!õ-b)'-'" 263 10 r 3 V ~ ---___m_------'..'-.--'.'-'-------. .--- § 7267.2 .. ~- .... ..dtJed .. ~ Propc~ from dQ' with -poet .. .. "d;-, ......ocIemoation coDdu" III , ....<Ioa .... .......aable aad III.. " - &lid nJo1mcat of property, dt 1%67,1, .kqldallioD of entire In ,....pony IfJotorIcaJ ."d SlatRlo.,. Hoc.. !!J If 1M aequisition of only. a porti po or coodition no to COUititute or IN: A..od...nL SuboâtuUd u.. ~~, "u.. pIaœ 01 "lor ...1Ud. 'u,h """""'" . acquirrd" uin the entire property if 1M own brrU>ain~ 01 u.. tInt ..a..... prr<odin~ "th, publ., ",haJl br dio"CVded" 10' "will br dio"¡arde,r' in (b) A f:.roon ..h... ~al Dro~rtT is ead.,. ,hall" lor "Belo.. u.. initiation 01 "~otiado'" lourth ..a...... 10' ..,1 proprrt)-"; and tollo....~ ",hall II>&k," 'uba¡¡' .'8J A..-nL Ioae"",", anlaa u........, roon been full' mfonoe 0 hI! tulord "an 011"" 10' "a prompt oIl.." aad lollo..;.~ DOt boo IoeaUd with raaaoaable diJic,-" in u.. onate e ro m' an art e~o "011"" inoe"", ".. u.. ......, or O....n 01 record"; ( enbt eteno..e roor, inoe"", u.. ..."ad ""'a«; 'UbadtuUd "u.." 10' ......«. mended by Stata,1989, t, 828, t 11,) "'uch" brIo.. "proprrty" in th, third ..a.....; and ,ubodtuUd "10' ...hic:h u.. property io acquind" in Bill< I'" LorIa1atlo. , , . Crou RefueDca Tho 1889 .....dme.t addrd th, ,.bd;~" . doleUd "and II>&Y" procrd'n~ "~.'" Üpr- 01 bd..tioa, coun .. collOid.. oil.. DIad< Iksolutioa ol-...¡.,., cIeclaraâo. .. ,ta.. that oIl.. :":;.¡ added ,.beI, (blnlatinc .. do..- a pun...t .. thio I«tioll, ... Cod, 01 C,.;! Procrdu.. uade, Wa I«tioa .... bee. DIad<, ... Cod. 01 Civil f 1250.<10. Procrdu.. f 12<5230 of Haurdo.. ,.bot&nceo oa proprny.. br acquind bl ' . f 1%87.8. Rodeo."d .....lotIona p' ochoal thotri"" olt.. .. pun:hue, ... c..d, ot Civil hall adopt ru1 Procrd... f 1263.760. (a) AD public eotioo I ... thio : ..Iocatioo auistan.,. under , ",;th the . . : ..,:Iel and ~ltUloëoUl La... Re.~... CommeDtari.. Developmenl.: , , I'reeoode....âo. Aetividn-<haJ!"ri.~ IIftd in CaJ. (b) HotwithstantÜo6~~' ~=, Itomia. S...da K. Rou, commo.e 31 Santa Clara mtit)' ahall make rei 10 n 1.110.. 147 (1990), required UDder fede.. ..., (Amended by Swa.1980, .. 1182, p, 195 Hoc.. of Dedl/ona 10 ¡wacn I UdIity', "property 111""""111 Ita Pobtic Utility Com- - 01 """'0' I """"""" I ""iaa certil"ted ........ &no .... ".... """"","" ....~ - --'01- I -e .. that dQ' could aequ/rt ..-.. ooq II it lint t _ot--t ... - ollu .. odlity aad ....-.;dod odlity with -. - --t ~ wily 011.. - JuL City of San Far - of "C' of nloco:J.¡, Llo- J.e Y. Gta, Cob w.... Co, lApp, 1 Dóo<.III87 ØI ....... of -- .. - CaLRptr. 84$. m C-Ud 100$. 1Iûo _0 -tahlioboo "IoaodaIo.,.- nqw.-.-.. I.~ol- , 'Tlt,.I, Noaprolll, opedaI - - which ..oat be obtonod b, ..., politic ootity p/aoo q .. initia.. """0' do..... ~ Ihtvuch ...,.¡.. Otl.. far Ir'Opony .. be Cabo b o ......... ........ (0) Prior to'the Ioiêation of DO¡otiat tiao of -1\1', City 01 San J- y, Gno, Cob =~~~ ::: ~ ~ opeciaI aM property, ~ .w:1D Wa... Co. (Ap¡i, 1 DioLlt87 117 CaLRptr, 84$. 182 -= public: Cltity or public: atiJit¡ C-Ud 1005. .. nl Dopt. 01 Ttanap. Y. ColI 1App. 1 Dóo<.III2 t aeq which II other than nonproftt, I. ..., ~ ~~6O, , CaJ.AppAtb 1281, IÙOIrioc oIooiId, :E pI'O IOI1ieo aequired. by pu~1ic: en ÐåoIootioo ot oaI.. 8IId ........ 10 1IIiIity'. -~ ..........,. - ""'"" ..., obJoetiao II ....., to, -tnactIoo, _IOn, or ~ lot ladJitioo OlUNd by dty'. dupticatiao of - - dotoaiò actiaa .. adoq...,. of -. ~ -... (b) '11úI MC:êoG doea DOt apply to acti' "'fa &no -tad "taIdoc of troporty." far wbI:b :::. ~ ~"J.~b'W~": =: aequin real property or 1D7 lor otiIity - ootitJod toall_tion &lid -/ita or flood ...tro a¡tpn>prio.. IIDdor ... of """0' domoia, City of San ~tioo Cocomiooiao. PoopIe.. rot Dopt. of ta1ep. DO, oaturai ~tnletion of uiot reqUIl'f remoYO! or J- y, Gno, Cob Wa... Co, lApp, 1 DioLlIl87) 117 Tnnop. Y. Colt CApp. 1 DioLlft2 t CaLRptr.2d '110, 7 -r'. praent or proposed UH. CaLIptr. ~, 112 C-Ud 1006, c.upp.4tb 1281, nhaorioc dtoiod, ...... dooiod. (Added by Stota,l992, .. , (S.B~l), t 6. AddII/on¡, « ........ IndIo8I8cI fir -.u..... IIoIetIone fir --- . .. -«--- 264 /ð ~33 ~I3 ---- Gfwt:RNMENT CODE § 7267.9 f 7..1.6. Coodell1l\aUon pn><eedlnp; I..tltutlon b pubUc ...tlty Wtüd at by """er Notel or Dedalo.. L la.."'" ....po...do. of 121,000 10 face .r _ible --.t """rt)' ...- ... eodtled .. ~ ro, 10..... or at ""tl6O,ooo ODd ita ..f1uaI .. ....Idc, MY""" modelM8tÎo11 from cit ' wnn ...poet .. cl<nloped p"'p" -"'-"" both .......-hie, ODd dtT' actmtia Irt)'; d<)-, pncoocI<maatio. coodoct 10 thru..oinr ....ûtuted broach of Ita....., duty m>doT dúa -.. -.maatio. ... ....uooablc Iftd Io..rlued with Citr of Loa """1<8 e. TiIcm (1183) III CaUlptr. Z29, .....,', ... ODd oojoyme.' of propert)', dtT' otr.. of 142 CJ..Id U4. f nn.7, ÁcqnWUoo at entire property; a~o1d.ance at _om1c ..........1; ......uon of property !!lit the acquiaition or only a portion or a property woold "'~e the ~ portion In ,nch a wpe or condition u 10 co..titute an uneconomic ........t, the public entity aball offer 10 . . . ""1M the entire property if the o...".r .. cIe,iru. A ..on who.. ..al ro ill bein 8C uired in nee ..nth thiI eba te,... after the ...on a, en 0 . In onoe 0 IS or ern tto latcom nSltion or e ro onate , ro "" an,' rt ,"0 an tnte..,t e or an com JUation I e.. or to a pu Ie entItY e..nom' V e p«son. (Amended by 5uu.l989, c. 828, fit.) Hl,torical and 5..tutory Not.. 1"' Lqialado. ".. tlSI _ndme.! added the ,obdi...òon detirna' do". cl<1e..d "'nd may" pro<edinr ".",o¡"" in lOb<!. ClI, and added lOb<!. (bl..lalin( .. donation of p"'pert)'. f nfl.B. Ruka and rqulaUon, or public eoUtI.., priority or rederal Ia.. (a) All publie entities ,hall adopt rul.. and ..¡¡ulatio.. to implement paymenta and 10 aclJninØter ,,' .tion uliatanee under' . . thill chapter. These rule, and ..¡¡ulationa aball be in accordanee , .he'" rulel and ..""Iationa adopted Þÿthe Department or HoUDini and Commuruty Deeelopment . . . . (b) Notwithltandin¡ . . . aubdiviaion (a), with reapect to a federally funded projed, a public entity lhall mak, ..Iocation as,istance paymenta and provide ..Iocation adviaory uailltanee u roquired under rederallaw. (Amended by 5tats.1980, c. 1182, p. 3959, f I; 5tata.1989, c. 828, f 12.) Noteo or Dedalo.. -..uon or 4_n, I acquired b7 Sla.. b7 concI<maation. the "'-0' or - ......1 .....,.. did ... Abo.. ita - in adoplin( ..cula...n ,..eidma: that ....... in common would be I. _Ion of <Ie__n, oolJectiv<1}' eotitled. u a "family" .. oaIy one pi-.' For purpoMl or payment or ..Iocation be..5.... or ..Iocation be.en... AJbricht e. Sta.. (1180) 181 ...... of ....... .. Ioued proper<)' which bad bee. CalRptr. 117. 101 t..Ud 1(. 17m... Noaprollt, apec1a1 - prope~ _ula1tloo -"""" (0) Prior 10 the'lnIâation Or ne¡otiadona tor aequiaition by a public entity or public atIIity of 8OIIprofit, Ipecial ... property, u clef_. II)' Soc:tion l235.155 at the Code or em¡ Proeedore. the lCI oirin¡ public entity or public utìlity aball make ....,. nuouable effort 10 MÙ alten>ativ. ::;;t;rty which ill other than ..nprofit, apeciaJ 1188 property. How..er, tIúo nquimnent Iha!I DOt 10 propertiei acquired br publie entitiea r.. tnnaport&tion puIpoH8, iDcIudIn¡, but DOt limited to, the conalruction, _Ion, or im,...........¡ of a_, Júchwaya, or nIhraya. (b) Thia oeetioG doa DOt applr 10 eetIona or proceedin¡a .......neod by a public entity or public 1ItiIity 10 acquire ....1 property .. anrlntereat in real ~rty r.. the ... or water, """', eIeetridt1. telephone, I18tural 1&1. or IIood ..nllO! feclJitiee or . ..~r.war where' tboae aequiaitiona neither '"'111ft removal or deollU<tion or aiatiD¡ impro........, .... rencler !be property II1Ifit for the . ......'a pratnt or propoaed 1188. (Mded by 5..ta.I992, .. 7 (S.B~I~ I 8.) AddIIIona or ...... - by ......-. - by - . .. 265 /ð ~3V '-- ',-.0;- ~Tj---" .' . . ...., ~. .' ;-'~-~'~~ 'f.~~~~~',~.Jl ~. '~~:..:'<§':: <:'.'. ... :--:C::i :Ø.::c . . .. .. "". . ':'."" ..,.;:....o(.~-.'~".;;._' ." - -_.. - § 7267.9 GOVERNMENT CODE GOVERNMENT CODE HiaIorical and -.,. N- CHAPTER 17.5. USEOFAF( I,"~ '"11M cbaara ..... b7 thio act ,ball_I)""""" - 7 of Stata.lt92, c. 7 (S.B.B2I~ pnm. ea; domain acöo.. or procaadinp .........,.¡ .. .. aftc SectIon J...uazy I, 1m." 1!99.1. Te::::~- ~ inte:pnotation ..; I 7m. ""'04 b, ØUta.lt84, c. II8%. P. "59, I 2 :z99.5. Exemptions from 'DrYey. and ';po I 7U9. - or _ou, ......... Iu and ,..bU. uaIotance I mI. Lec!alatlye Intent !!J No po.yment reoeiYo4 by any penon onder thJa chapter or .. tenant reloc:ation ...~..... 1A..a. ¡;;.uired by any ,tate lta1ote or IocaJ ordinance ah&ll be CODlidered .. IDCOme for the purpooes of dot ':'~~':::~ hul Potur CApriI 1980) ; enow Income Tax lAw, Part 10 (commenCUl¡ with Section 17001) of DiYiaion 2 nfthe Revu... lid Tantion Code, nr the Bank and Corporation Tax lAw, Part II (commencin¡ with Section 23001) of DiYiaion 2 of the Revenue and Tantion Cod<o, No ent received b an non under thJa cha ter lhall be conaidered .. inco...« I mu. Telephone -., Interprelatlon mourœa ID any reaplent 0 pu . ..."tance an IU payments I 11 DOt be deducted from 111< aJat ~ fund, amount of aid ID which the recipient would ntbenriae be entitled under any other proviaiona of law. State a¡<ncies may, utilWn¡ existin¡ fund (Amended by 51.81.8.1988, Co 1490, I I.) Iddition ID employin¡ bilin¡ual penona in p Nota or Deelalons <Added by Stats.t99I, c. 376 (""B.483), fl.) I. SupplflMntaJ Malrit7 I...,... preclude incl..io. of ,ud> poymenta in caJculatio¡ "'" 17:99.4. State .,enci..; lureey'; repono po~:::":'b;":n':l~ ~'::m~ortio::.;..~ portio. of luppl<mental aeeurity income po".... lIum7 Y. Bo"", CA.9 (CaJ.) 1986, 786 F.2d .., EadI ltate a¡<ncy lhall conduct a ,....ey ( "'7 ..op;.., "'ost', AAn.C&I.Gov.Codo , 7269, d;d DOt all of the followin¡: f 7%76. Qu..I-pubU. ...lIty; compliance with chapter, exemptIons Ia) The number of public contact positions (b) The number of bilin¡uol .mploy- in . (a) If a resolution ~ adopted under Section 1245.330 of the Code of CiVIl Proéedure conseulio¡. other !bon £n¡lish. ' the acquisition of property by eminent domain and the penon outhoriud by the resolution ID "'I"" (c) The number and pen:entoÆe of DOn.En¡ the property by eminent domain acquires the property by plUth..e, eminent domain, or nthem... Jown by native Ian¡ua¡e. that penon Iholl provide relocation odviaory ..sistance and lhall make any nf the payments re<¡ninC iõÞõ made by public entities punuont ID the proviaions nf thia chapter in conformity with !hi (eI) The number of anticipated ncanóes in chapter and the ¡uidelin.. adopted by the Commission of Housin¡ and Community De..~ !!J Whether the use of contracted telephon punuant ID Section 7288. /!!'l<lIIS ID public contact DOSltJons " ..rvm.. t .. . !11 Any other relevant information requestt !!!! This tection does not apply ID public utJ'lities which ore lubject to the proviaiona nr Artidt! Foeh ~eDC7 .'hall calculate the pen:entoÆe (commencin¡ with Se<:tion 600) of Chapter 3 of Part 1 of Dlviaion 1 nf the Publie Utilities Code or' >!!ice by roundin¡¡ the pen:entoÆe arrived at I publie entities which ore lubject to . . . this chapter. n.. Inrvey resuJll ,haJJ be reported on : (Amended by 8tall.1989, Co 828, I 13.) _livert<! to the board DOt later than lo!oreh 3 f 7%77. Application of chapter, MofJered lor tale." 4ef1ned; - In mil.... A8mded by 8tall.I990, Co 478 tS.B.2.c66), I 4 (a) The uirement ID rovide relocation usistan". ..d benefita 1m b this chapter IhtII.. 1 !aU. Exemptions ,....... o.....ey and repo apply ID ope 0 property w .. 0 e or y owner, ":.!::rty bein¡ aoId . n.. State PenotlDeJ Boord may exempt Ita. oxecution or l_l,,"ure ..... or property bein¡ oolcl punuant to court r or ader - ..... tIw &ate PenooDeI Boord detet'ttÚDes t lupereision if the property in any of the lorelOlnc aJtuotiona 10 either occnpied ~......«' It 1110 Ipncy does DOt furuIoh information -pled, ODd if the offer for tale 10 DOt iDdueed ~public tntity dispeoItion, 0>Dd0m0t CIon, or red..tlopment of surrouodior lands, ODd if uIeo price 10 fair moritet nIue Dr ~ . ~ ~ ....." boo CODSÍstontJy received IUct. cltterminod b1 a qaolified opprajoer, and if DO foderaJ luocIa art Io..,IYed 10 the ocq~ It Iw DOt been required ID employ CODItnlc:tioo, or project de..lopmeol. "Offered lor tale" ...... either ad..rtised for osIt a I ~;:;r to NœÍY8 an exemption, each ltate Clic:ation ol,toenJ dn:uIation publiabod at lout ...... .. week or Iia~ with a Iic:enIed real - er ODd published In a multiple listin¡, punuaot to Section 1087 of !be Ci1'il CocIt. ~::. tUtDptlon ODd receive approval ú (h) At !be time of moIdo¡ an offer to acquire prt>perV aoder aubdmaion (a), paIIIie 81!tit1attlol .... thret COI1IeCUtive """. ootity the property 0WDeI' 10 writin¡, olthe followfoc:' AeIed by Stala.lt9I, c. 246 <A.B,653), I I.) (1) 'I1>e public tDtity'1 plana for cItToIopin¡ !be property to be acqaiNcl or !be"""" 11111.&. II8oa1to oIlUJ'YtT, report 10 Lec!alf property.. . ..~~ 81IrYt1 required ID be mad, (2) ""1 ..Iocation usIotanco oad beDeftta pnnicIed panuaot tø -- law wbIc:h Ibe ,..,..., 1 Boord . . . and provided ú 0WDeI' may be for¡oin¡. ~ by SIots,I990, Co 478 (S.~.2.c66), I &: (Added by 8I&ta.1984, Co 146, I I. Amooded by 8tata.I984, Co 1&23, t I.) -- or -- - lor "-18; --lor -... AckIIIona or -- ~ lor 266 /ð '-- 3-5 ' , /" .-.. -'-" /0 ~3~ ~ THE crn OF CHVIA HSTA PARIY DISCLOSUJœ Sl'A1'EMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on aJl matters which wilIrequire discretionary action on the part of the City Council, Planning Commission, and all other .~ "icial bodies. The following information must be disclosed: 1. having a financial interest in the cQntract, Le" contractor, .-v , If any person identified pursuant to (1) above is a corporation or partnership, list the names of aJl ". individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the }lartner~ b . , ~ 6 4.,(~þ<-. , ~ J,.J =fLle;;j R4t/f. /)ö L.. A Ð,J c;.,t.£. r. 1:::,-" h~ L. -y;. ..... c so L. ß4bÆ-¡o.rf 3. If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. AJ D,J.Q... - Have you had more than 5250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past tv:elve months? Yes - No Å If yes, please indicate person(s): ; Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. ¡1/ D ,u.e- Have you and/or your officers or agents, in the aggregate, contributed more than $],000 to n Councilmember in the current or preceding ejection period? Yes - No X If yes, state: which Councilmember(s): ~ is defined as: "Al'Y indil'idl/al,flrm. co-partncrship, join/I'cnll/rc, association, social club, Fatcmal organization, corport//iol/, ((/ft', (n/s/, rcccil'cr, syndicatc, this and ml)' o/hcr co/mo', ciO' and coun1l); ciO: nll/nicipalio', district or o/hcr political sllhdi"isivn, an,l' o/hcr group or colllbÙIa/ion acting as a I/Ili/." LfiQ :OTE: :lte:: Z'~"" of oo""'zuæ" /l¿~ ¡J U~J ~~ ;, '.\ DISCLOSL1':\:T] ItJ --37 Prinl or type n;¡me of contr;¡ctOr/applicant -r ::::'37-- IHn"," I J """1 -- - --- -. ._..~ -- ..~~ - -- -- - - -_.------ -- - --- /t} ~3? --7 --~/ '------.._- -. -.. -".. -.._--~_._-"--"~--_.- ..~..._.....~---_._------_._. RESOLUTION NO.~J-.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, several caI?ital improvement projects are currently budgeted which requ1re additional right-of-way for construction; and, WHEREAS, to expedite the acquisition process, staff must first appraise the value of the property; and WHEREAS, staff proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional appraisal services and recommends that the city/Agency approve an agreement with Anderson & Brabant, Inc. to provide these services through March 15, 1995, which will also include a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the city of Chula Vista does hereby approve an Agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the city Clerk as Document No,------ (to be completed by the city Clerk in the final document). BE IT FURTHER RESOLVED that the Mayor of the Chula Vista is hereby authorized and directed to exec Agreement for and on behalf of the city, Presented by - , ~ rn f = :0 ßJ-- ;; ~~IWY- . . Øohn P. Lippitt, irector of Bruce M. Boogaa , ity Public Works Attorney C:lroland'roan.oo /j-3f -; - ,,:?ð', . -....u_----.--_..-.--------- --------~ AJ -~ò --; - ¿f/¡ ----- "'- fA ~o-II-1cJ RESOLUTION NO.~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME WHEREAS, several capital improvement projects are currently budgeted which require additional right-of-way for construction; and, WHEREAS, to expedite the acquisition process, staff must first appraise the value of the property; and WHEREAS, staff proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional appraisal services and recommends that the City/Agency approve an agreement with Anderson & Brabant, Inc. to provide these services through March 15, 1995, which will also include a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve an Agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the City Clerk as Document Noo------ (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the Chairman of the Redevelopment Agency of the City of Chula Vista hereby authorized and directed to execute said Agreement for a d n behalf of the City. ~tt Presented bY ;; ~<?~~/- J n P. Lippitt, Di ector of Bruce M. Booga rd, Public Works Attorney C:lr'lander,on.ra /Ó ---- cf¡ -9-=¿£ f .. ..---... /J - 'v~ ¿¿ - - 4_-v. ----- -- --- ---- -- - - ------------ ---- ~---- ~ ~~--------------~--------- ---- JOINT COUNCILIREDEVELOPMENT AGENCY AGENDA II STATEMENT Itel1í 9' "- I h -- Meeting Date~- a) / ?èf/ 3 Lf -5-951 ITEM TITLE: Resolution Approving an agreement with Ryals & Associates for property acquisition services in connection with various capital improvement, economic development and redevelopment projects and authorizing the City Manager or his designee to sign the acquisition agreement(s) and make payments for right-of-way of up to $25,000 for construction of budgeted projects [and] Agency Resolution /3'1! Approving an agreement with Ryals b) & Associates for property a quisition services in connection with various capital improvement, economic development and redevelopment projects and authorizing the Executive Director or his designee to sign the acquisition agreement(s) and make payments for right-of-way of up to $25,000 for construction of budgeted projects SUBMITTED BY: Director of Public Works ~ ~ . Community Development Director<':t fj;)¡J REVIEWED BY: City ManagerÆxecutive Director.j;¡ ~...-'2' (4/5ths Vote: Yes_No-XJ Several capital improvement projects are currently budgeted which will require additional right-of-way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewable clause for an additional year. Staff has evaluated the proposals for providing professional services and recommends that the City/Agency approve an agreement with Ryals & Associates to provide these services through March 15, 1995, which also includes a renewable clause for an additional year through March 15, 1996. RECOMMENDATION: That Council and Redevelopment Agency adopt resolutions approving the agreement with Ryals & Associates for professional property acquisition services and authorizing the City Manager or his designee to sign acquisition agreement(s) and make payments for right-of-way of up to $25,000. BOARDSICOMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 15, 1993, staff sent proposals to 40 fmns to provide professional property appraisal and/or acquisition services for the City and/or Redevelopment Agency of Chula Vista. In addition, an ad was placed in the San Diego Daily Transcript requesting proposals on November 22, 1993. As a result of this solicitation of proposals, 22 fmns responded. Nineteen of the firms proposed to provide appraisal services and 7 firms proposed to provide acquisition services. Four of the firms were providing both services. //-/ 9-/ --~---------- .--.-- ---------~~-- " ._-~------_.---- II Page 2, It~~ Meeting Date ~ t¡- 5~ 9'( A panel of five persons approved by the City ManagerÆxecutive Director reviewed the proposals and met on January 18 to rank the firms. The panel consisted of one Civil Engineer, one Principal Community Development Specialist, one Principal Management Assistant, City Landscape Architect and a Senior Real Property Agent with the County's Real Property Division in the Department of General Services. As a result of a review of the proposals, the Committee invited seven companies to be interviewed to provide appraisal and/or land acquisition services. Three of the companies provided only land acquisition services, two of the companies provided only appraisal services, and two of the companies provided both land acquisition and appraisal services. The Committee met on January 26 and interviewed the seven firms. As a result of this interview, the firm of Ryals & Associates was chosen to provide property acquisition services to the City. This firm has just completed a current contract with the City for providing this services. Their work has been quite satisfactory. Staff proposes to contract with this firm on an as-needed basis through March 15, 1995. Included in the contract is a renewable clause for an additional year based on written approval by the City Manager or his designee. Council approval of this resolution will authorize the City Manager or his designee to renew the contract if the work has been satisfactory without further action by the City Council, the. Redevelopment Agency or City ManagerÆxecutive Director. Currently, there are several projects approved in the Capital Improvement Program which will require additional right-of-way in order to construct. Examples of a few of these projects are: 1. Fourth Avenue, Chula Vista Adult School to Orange Avenue. 2. Drainage basin improvements east of Second Avenue. 3. Broadway widening, I Street to L Street. 4. Bonita Road Bike Lanes. 5. Broadway street improvements, Naples Street to Anita Street. 6. Third Avenue sidewalk safety program. This type of contract will allow staff to proceed with design and construction of these projects in a timely manner. Since this agreement will provide services for several CIP projects, staff proposes to issue a purchase order which will be amended on a project-by-project basis as acquisition services are required. Fee for acquisition services shall be negotiated individually basèd on the fee schedule included in the agreement. Compensation for services provided under this agreement shall not exceed $100,000 for acquisition services unless authorized by the City Council and the Redevelopment Agency. Authorization Delegated to the City Manager\Executive Director or his designee Council Resolution 13877 (adopted on December 6, 1988), Redevelopment Agency Resolution No. 79 (adopted on May 5, 1977) and 221 (adopted on December 6, 1979) set forth the guidelines to be followed with respect to acquisition of real property by the City. These guidelines were prepared and approved pursuant to Section 7267, et. seq. of the Government Code. We have followed these guidelines since they were adopted, when acquiring right-of-way for construction of the City's CIP ~---Q--- /I~.L: - "------"'-------"" _.-.-_.., .._-~------ ~-_.__.._.__.__..- II Page 3, It~ Meeting Date _/ If-S- 91 projects. The proposed agreement with Ryals & Associates requires the consultant to follow these guidelines when acquiring property on the City's/Redevelopment Agency's behalf. As a result of the work of the acquisition agent, an agreement is generally fonnulated with the property owner for the purchase of the property. Usually this is called an acquisition agreement The agreement sets forth the price that the City/Redevelopment Agency will pay for the property and any minor mitigation and restoration that might be necessary to the owner's property as a result of the negotiations for the right-of-way. In addition, the funds required for purchase of the right-of-way have been included in the CIP budget at the time of budget adoption. Recently, questions have been raised regarding the propriety for staff to acquire real property to implement CIP projects without a specific enabling Council/Redevelopment Agency resolution. Staff therefore, is currently working with the City Attorney's office .to clarify staffs and Council's/Redevelopment Agency's responsibilities in regards to the execution of right-of-way agreements and the making of direct payments for the purchase of right-of-way. This matter will be brought forward to City Council and the Redevelopment Agency in the future. Today, however, staff is requesting that CounciI/Redeveiopment Agency authorize the City Manager\Executive Director or his designee to sign and execute acquisition agreements for property necessary for approved CIP budget items where the cost of acquisition is $25,000 or less and the acquisition process is in accordance with City/Redevelopment Agency property acquisition guidelines/resolutions. This amount is consistent with the authority given by the City Charter to the City Manager for Public Works contracts. This authorization will pennit us to proceed with the design and construction of this year's CIP projects in a more efficient manner and does not adversely impact any alternatives the City Attorney may consider and/or recommend in the future. Any payments for right-of-way of a larger amount will be brought forward to the City Councilor the Redevelopment Agency for approval. FISCAL IMPACT: Funds not in the excess of a total of $100,000 will be encumbered from individual project accounts as services are required. It is anticipated that this sum will be sufficient to acquire the approximately 84 parcels presently known to be necessary to acquire as part of various CIP projects. SUIPil, No.: KY.{)13 WPC F:IHOMElENGINEER\AGENDAII682.94 /1,3 ~ "----_._---~-------_._u._- ...--------.. --_c_----,-~- Thís yage íntentíonally left blank. /1- f£ f -5f-<1 ----"-"--- ---- -- PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES This agreement ("Agreement"), dated 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 entities as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business fonn is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business fonn 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, additional public right-of-way or property is anticipated to be required for several capital improvement, economic development and redevelopment projects; and Whereas, the City and/or Redevelopment Agency desires to proceed in a timely manner with the design and construction of these projects and requires acquisition services to acquire the additional property; 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 and/or Redevelopment Agency within the time frames herein provided all in accordance with the tenns and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) )/~~ WPC F^,,0ME\ENGINEER\1677.94 Page I <:;> - ;r-- -- . OBLIGATORY PROVISIONS PAGES NOW, TIlEREFORE, BE IT RESOLVED that the City, the Redevelopment Agency and Consultant do hereby mutually agree as follows: . 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform aU 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 fonh in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set fonh 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 refeITed 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 coITesponding 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 fonh 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 perfonning 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 sinùJar conditions and in sinùlar locations. /1~6 WPC F;\/!OME'ENGINEER\l677.94 Page 2 " / ------j.------------.-------.---.--------- --..-.-- -----~--. . 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: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached 5xhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set fonh 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 c3.IT)' ("Primary Coverage"), and which treats the employees of the City and Applicánt in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set fonh in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof of Insurance Coverage. (1) Cenificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement. by delivery of Cenificates of Insurance demonstrating same, and funher indicating that the policies may not be canceled without at least thiny (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 Perlormance. (1) Perlormance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Perlormance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Perlormance Bond"), then Consultant shall provide to the City a perlormance 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, "Perlormance Bond", in said Paragraph 19, Exhibit A. WPC E\H0ME'ENGINEER\1677.94 /1~7 Page 3 ~. -- - mm____"__-.-,,"- ___n- -______n-.-_____-- .-/ (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 .)f 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 PeIiormance 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 fonh 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 peIiormance of this agreement. //-1 WPC F,\H0ME\ENGINEER\l677.94 ~- Page 4 .. ----------.------------- --~--- B. Compensation Upon receipt of a properly prepared biIling 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 tenns 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 fonh 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 infonnation as to the propriety of the billing to pennit 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 pany designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said pany's contract administrator who is authorized by said pany to represent them in the routine administration of this agreement. 4. Tenn. This Agreement shall tenninate when the Panies 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 panies 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- fonnance. The panies 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 1/- ;l WPC F^"OMBENGINEER\1677.'>4 -R~él-' Page 5 -----.-- ----.-------.-._.0_. - ........n......u__.. ..._._-~--- -......._~.._. ¡ 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 Refonn 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 detennined 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 Detennine 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 tenn is used in the regulations promulgated by the Fair Political Practices Commission, and has detennined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further Wamlllts and represents that Consultant will not acquire, obtain, or assume an economic interest during the tenn 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 WamlIlties Against Economic Interests. Consultant Wamlllts and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently // -/¿J WPC BHOMElENGINEER\1677.94 Page 6 'V /:>- - - u_- -- - -------------------------- ----------------- 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 Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph IS. Consultant further wan-ants and represents- that no promise of future employment, remuner~tion, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's perfOimance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Tenn of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Tenn of this Agreement, or for 12 months after the expiration of this Agreement, except with the written pennission 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 pennission 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 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 conduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incwred 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 agamst 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. Ternúnation 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 ternúnate this Agreement by giving written notice to Consultant of such tennination and specifying the effective date thereof at least five (5) days before the effective date of such tennination. In that event, all finished or unfinished documents, data, studies, sUIVeys, 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 Tennination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 1/ - / / WPC-F~O/oIDENGINEER\l677- 94 Page 7 C II --- - -- ---_u---_u ------------------ 9. ElTors and Omissions In the event that the City Administrator detennines that the Consultants' negligence, elTors, 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, elTors, omissions, Consultant shall reimburse City for any additional expenses incUITed by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Temrination of Agreement for Convenience of City City may tenninate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such tennination and specifying the effective date thereof, at least thirty (30) days before the effective date of such tennination. 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 tenninated 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 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 ¿/--- /~ WPC F:lHOMffNGINEER\1677.94' Page 8 9- - /~ ~------- ~-- ~-~ 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 shaH hold the City harnùess 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 flfSt been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set fonh 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 tenns of this Agreement 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the pfevailing 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 perfonning 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. 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. 11,--;3 WPC F^,,0ME\ENGINEER\1677.94 ..f'-::'::--I~--- Page 9 C. Notices All notices, demands or requests provided for or pennitted 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 ident;f¡ed 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 couns 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 perfonnance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] /1-1'1 WPC F:\H0ME'ENGINEER\J677.94 Page 10 ~~ SIGNATURE PAGE TO AGREEMENT BETWEENCITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN WITNESS WHEREOF, City, Redevelopment 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 tenns: . Dated: ,19- City of Chula Vista by: Tim Nader, Mayor Attest: Redevelopment Agency of the City of Chula Vista Beverly Authelet, City Clerk Tim Nader, Chainnan by: Dated: Exhibit List to Agreement (X) Exhibit A. () Exhibit B. /I-p WPC F,lJiOMElENGINEER\1677.94 Page 11 t7-~ /~ Thís ¡age íntentíonaIly l£ft blank. //--á: ~-' ------------- - EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES 1. Effective Date of Agreement: March 15, 1994 2. City-Related Entity: (X) City of Chula Vista, a municipal chanered 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 CitylRedevelopment Agency: City of Chula Vista/Redevelopment Agency, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Ryals & Associates 5. Business Form of Consultant: () Sole Proprietorship () Pannership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 2125 El Camino Real, Suite 215 Oceanside, CA 92054 Voice Phone (619) 439-4011 Fax Phone (619) 439-3274 /1 - /7 WPC F\HOME'ENGINEER\1678.94 Page I +--T7/--._~ -------- -----'--------.-.--------. . ~~_c~----~"-"~-- - --'-"-~_. 7. General Duties: Consultant shaH provide property acquisition and specialized services on a requirement basis when requested in conjunction with various capital improvement, economic development and redevelopment projects. Acquisition shall be in accordance with California Government Code Section 7267 et. seq., its implementing regulations 25 CCR cþ6ooo et. seq. (state or city funds, and/or 42 U.S. Code cþ4601 and it implementing regulations 49 CFR Part 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if City acquisition) or Redevelopment Agency Resolution t-~umbers 79 of 515n7 and 221 of 12/6n9 (if Agency acquisition). 8. Scope of Work and Schedule: A. Detailed Scope of Work: Acquisition services are as follows: 1. Review title/litigation reports, appraisal reports, right-of-way and construction drawings and other documents in sufficient detail to properly negotiate with the owner(s) and other parties in interest. 2. Acquisitions will be negotiated in concert with the applicable Federal/State constitutional statute provisions. If relocation assistance is applicable, consultant will advise owner occupant or tenant that they may be entitled to Relocation Assistance Program benefits. 3. Conduct negotiations in a professional, fair, honest and ethical manner. Every reasonable effort shall be made to negotiate with the property owner on a person-to-person basis. If the owner designates another party, such as an attorney, to negotiate on their behalf, the Consultant will abide by this request. 4. If required by applicable law or policy, or otherwise directed by City's Contract Administrator, written offers to acquire real property interests will include an "Appraisal Summary Statement" and be mailed CERTIFIED MAIL. The offer will be made on the basis of the full estimate of market value supported by the appraisal with no portion withheld for further concession. 5. Negotiations will continue in good faith for as long as there is a reasonable likelihood of reaching a settlement. Settlements will be based on the concept of fair market value supponed by current accepted appraisal practices. 6. The Consultant will keep the appraiser advised as to problems relating to the Fair Market Value offer and will provide the appraiser with any additional market data that has been provided by the property owner. I/--If WPC F;'¡¡OMElENGINEER\l678,~ Page 2 0 ,~/ - --------- ----------------- - '-""'-------- '-- --- '. -,----" 7- The Consultant shall prepare an acquisition schedule for each parcel to be acquired and shall keep City and/or the Agency advised of the status of negotiations in tenns of the owner's attitude, problem areas, and the likelihood of a negotiations impasse and the probability of an enúnent domain action. In the event progress in the acquisition process is found to be unacceptable to the CitylRedevelopment Agency and such lack of progress is due to the Consultant's action or inattention to the service, City shall have the right to tennir.;.te the agreement and/or assess liquidated damages as herein provided- 8. The Consultant will recommend enúnent domain proceedings in the event an impasse is reached in the negotiation process and provide City with supporting documentation. 9. If required, an escrow account will be opened upon the acceptance of an offer to purchase. The Consultant(s) shall Use the escrow facilities of the title company designated by the City. 10. Consultant will promptly transmit to City for acceptance, documents executed by owner(s) or other panies in interest. A report summarizing the pertinent data relative to the transaction will be included. II. Consultant will maintain an acquisition file for each parcel and maintain a journal of all contacts made by the property owner(s) setting forth a summary of negotiations and other related infonnation. A copy of each file shall be given to the City. 12. Consultant will provide the City with a monthly status report on all property acquisitions in progress. Consultant shall provide specialized services under request which may include the following: I. Preparation of conveyance documents, right of entry pennit, temporary license to perfonn work, encroachment pennit, etc. and special agreements necessary for acquisitions, option exchanges, leases and other documents subject to City approval. 2. Preparation of legal descriptions. 3. Consultation with City staff or legal counsel regarding acquisition or lease negotiation procedures and policies. 4. Disposition of surplus real property. 5. Provide relocation assistance servic:;~t administer the relocation benefits // - 5' WPC F:lHOMB£NGINEER\1678,94' Page 3 ,\" //? -_."..~._..-.__._.-._--... ....--. to which the owner or tenant is entitled to receive. 6. Prepare "REPLACEMENT HOUSING VALUATION REPORTS" as support documentation for purchase/rental differential payments. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement () Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Consultant services: Upon execution of this agreement by both parties hereto Consultant will be authorized and directed to proceed with the preparation and completion of tasks as provided in this section. Consultant shall proceed with the work immediately upon authorization and prosecute the work diligently to completion. This agreement shall extend through March 15, 1995. This agreement may be extended by written authorization from the Director of Public Works for an additional year. This agreement may be extended by mutual consent through completion of acquisition services initiated prior to March 15, 1996. 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. () ElTors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) ElTors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City further agrees to furnish to the Consultant, 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 the Consultant in the perfonnance of these services. I ! ~-.)-tJ WPC F,'HOMElENGfNEER\l678.94 Page 4 ~ ----'- ..~~._------- .. 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City and/or Redevelopment Agency 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: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City and/or Redevelopment Agency 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 and/or Redevelopment Agency 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 and/or Redevelopment Agency 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) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). /1-;2-1 WPC F,I/I0ME'ENGINEER\l678.94 Page 5 '--6-- -1', -- - (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $100,000.00 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. The rates below shall apply if the contract is ~xtended for an additional year as provided in Paragraph 80. RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Project Manager $85.00 Senior Acquisition Agent 75.00 Relocation Agent 75.00 Acquisition Agent 65.00 Administrative Assistant 25.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by ConsultaJ)t in the perfonnance of services herein required, City shall pay Consultant at the rates or amo$nts set forth below: (X) 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 $_: / I - ;J.- 7// WPC F:\HOMElENGINEER\l678.94 ç -/..., Page 6 ~ ---- ~--~-- - ------------------------- 13. Contract Administrators: City: City of Chula Vista Roberto Saucedo, Senior Civil Engineer Consultant: R~&A=U~ ! ~ 1 Richard Ryals, President 14. Liq"id"," D~'g~ ."" ø_ÿ 'l¡ W 1 () $- per day. -' ~Òther:--ICisãéKñowledgedby5õth parties that ti~ the essence in the completion of this Agreement. It is difficult to estimat the amount of damages resulting from delay in _perfonnance. The parties ve used their judgment to arrive at a i onable amount to compensate fo elay. Failure to comple the General D~ Defined Duties specified within the allotted time perio specified in thi greement shall result in the following penalty: For each co ecutive ca dar day in excess of the time specified for the completion of the res ctiv ark assignment, the consultant shall pay to the City, or have withheld fro onies due, the sum of $100. Time extensions for dj, ys beyon e consultant's control, other than delays caused by the CitY!tall be request' writing to the Public Works Director, or his designee, p~ r to the expiration of the specified time. Extensions of time, when granted, ~ I be based upon the effect of delays to the work and will not be granted for elays to minor portions of work unless it can be shown that such delays did or will delay the progress of work. -- IS. 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. /1-d-3 wpe F,\HOMEIENGINEER\l678.94 - 4-[).3 Page 7 ---"---------"--"-----" -~-----""- () 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 incorr...: 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. Pennitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly () Quanerly () Other: B, Day of the Period for submission of Consultant's Billing: () First of the Month () 15th Day of each Month (X) End of the Month () Other: II -.2- V WPC F:\IIOME'ENGINEER\J678.94 Page 8 0 ,..., - - ~ ----~--_u_--- ~------------------- C. City's Account Number: Varies with project 19. Security for PeIfonnance () PeIfonnance Bond, $ () Letter of Credit, $ () Oilier Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City detennines that the Retention Release Event, listed below, has occurred: () Retention Percentage: _% () Retention Amount: $ Retention Release Event: () Completion of All Consultant Services () Other: 1/ -~5 WPC F^,,0ME\E.NGINEER\l678.94 ~,-:) ¿ Page 9 -_.~------..._._--.._- - .-.--- .--------- , Thís page íntlntionaIly left blank. 1/ - ::z-~ 0-=-..::.---:;--- --------------- " ' . , . , § 7265.4 RELOCATION ASSISTANCE Title 1 DJ.... 7 CIou a.t- ...pIa", III .d -. "lhorl'T .. r-e<doa ., -..,r or ...."......t. Oth.. proft8loao 01 low IMoc .-1.. protaetloa tIw> ÞIaf. II... wro., ,"proWled bT tIúa -... ... 11212. B.".rlor BI"" . . o.klud (18171 - UbrorJ a.t..- Lad UB7. _t ~ Þ1JO. U.a.'ZaaIMot DooaaIA I 188 ot oeq. I. Heerlo.. . """"",,,. CaJ ( NoC8I 81 DocIoIoM It.. dot. oot u, . lac ud tl., tokl. I. 18 ..ooral ~'Io. ....,11, _al "'110&11' for nlo<:8do. u. ef 8tto""T fHO. lh..rIor Bt"" " u... folrlT -1'0"'" - .....rnd orb,. pro.....,. we. tah. ..r Co. 'f'. Port 01 o.u.n4 (1877/ 140 W!dcl. o.T «<crl,' for palol!c - ... 8Ot added to ....n! CoLJIpu.1U, 12 (:.A.8d 88'7. OrT o( w. A'c,1 CaJ.Rprr. 188. 81 § 7266. .A!thooch nlo<:8, Review hy puhUc entity or relocation appeùa hoard 80' upre..IT pI'< wWcL oftdeDO< 10 (a) U a relocation appea.ls board has been established pursuant _I, .....Ir........ to Section 33417.5 of the Health and Safety Code, a cIty by ordinance th, r..I.., P_. 0", of 8 -.lem. may desl¡nate the board to hear appea.ls from aU pubUc entities, ex- demand of "T Pt, œpt those state aeendes which have an appeal process, on the eU&I- Corml...Io. ee Co . c> of POTIII'" ..rho. . bllity for, or the amount of, a payment authorized by this chapter. oIotuoo low. ClII B...rlor Co... fo, (b) Any person aWieved by a determInation as to eU¡!blUty (187~1 128 CaUlp tor, or the amount of, a payment authorized by this chapter may I. 1101.... have the application reviewed by the public entity or by the re1oca- WII,.. Ipplk"l ( tlon appea.ls board U authorized under subdivision (a). The review 'rI&Ioc bT ri...o of of a detenn1natlon by a community redevelopment agency may only pabUc cadIT .... . odmIolatrad.. dial" be made by a relocation appeals board established pursuant to SectIon !to IoU... to -. dto 81811da.... ... 33417.5 of the Health and Safety Code. . rIor BI"'t 01: u.'Ctl (Added by Stata.1974, Co 47, p. 102, I 3.8, eft. Feb. 28,1974,) Ja..d (18771 140 CaJ '. 88'7. Tuo.1 .ho foJIod lIJotorical Nole ., thla -. with , Fonn.. I '1266. odd.., b1 8tl...I969. e. Dorlntlo.: Form.. I '1266. oðded ., -doll """a.. . .rll of 8IDduo.. 011 " 1489. p. ~3. I 1. proddlaC for ,... flao.l. 8táto.18611, .. 1489, p. 8Of3, 11. lac ..tllorifT to po. ItT of mi... bT p.bUc 0.tI'1 of porta,.t ptdtlo. for .rlc of ¡, oIiclbUit1 or Imo..t, ... .....Ied bT for -'T" wit." atOta.1J 74. .. 47, p. 102, I 3.5. -... of fonao/ fWa¡ 0- a.t- lac ItItborifT .. . Prote<doa of owa.. or -.....1. otb.. p"- 81 low IMoc _,or ....- tIw> . 7267. '" pNridod ., ûIo --. - I 'l272. , Gal, LIInr7 U- In order to eJ lbaldpol 00.,...- --nT. c.¡.a. IIaaIcfpoI 00.,...- I 1808. erty by acreeme: t eoncestlon fn the ( .... 81 DedI'- '" the public pl'O¡rar. 1...-.. I I. ,. -"' . acquisition practJc. , "188111, of -. . WH.. part I8tMt'fq ........ aufc.. '. tkable, be IUlded _rt... t .. .""""C opIul It ., ..., of -pIaIt¡c ........ . for ...ch of ..., I8d ~ öo..bT c1udve. except thaI IInIow I aIowfac ...- 81 .....-. for II/Iac 1 and SectIon T26'; fit '" J. 1/--;/7 " ," ~-=,7.-7-- j -- ./ ,- --------------"-----",,--- . If"' . ' ',"1. .,~ . . ' ., ." ," - , , . ~' . - . '. H ',"', ," ,. , '-.. ':. -, ,. .." ','-. i, "..., '.. -. -.. ---.--- . . 'l'itle 1 Diy, 1 RELocATION ASSISTANCE § 7267 -plajot III 8dmIaIotratt.. 8WIdam.. to -.. .-.. p...w..I .. _to... nm. ootborit>' ~d Dol H "ord to eo... - 9. Boa,h..,. -1100 ODd Par. or .....oeIIoa .... pW. tIIot -ro.. 1'-0" -oo _plo,ed. Dial. (¿pp.1t16)lJO CaI.1IPIr.II36. 80p.,lor BIr"t .. E....r Co. 9. PO" of r-... "'0 _rated diaper Otme. o. Oa.laod (1877) 140 CaUlptr. 11:1, '12 Co L8d 881. Ioa.ed pnelo.. ud -"a -a. eo"...Ued to """110.. I0Io -- -..... dl, -clot a. Heari... to _of.. ... .ro....., for .....t ODd r.. ,1118..- .Allhoach CaIIlottio _tloo uaIotaDce Ioted """"'. eoald .... 10 nco.., .ta.. 10.. dot. Dot up....I, .roYid. fol bur. ..." ftzed ItIoeaIlo1l """'0' III the <00. .....1100 Dcd..; ho.....r, 100.... ..100 IoC DDd tI.. takblc 01 oriel,."" .. IN.. 01 "'d u".,,'ed hIo Dd..lllt"ralf.. It..edi.., ..locallaD be..II". .uel. ....ulr."'D" a.. folrl, ,,"po..ed b, tIlt ..-i,.. proco.. -. ....ulrtd to procotd b, -, 01 era.. -pIDIDt _kIDC ad..ID".rath'. ..ODd.. ¡aT 81",1 .. B... -Idel. aD, oreTi..ed peraoD ..., d....nd. IDo. ratio., lba. b, -, of o....er to bl.Dd (1m) 140 ClI, 01 La. ADc,l<. y. DeckeT (1876) 13:! d.,'. CO..plaiDI 10 -ita'DI do...ID, CI., 867. CaloRplr. 188. 61 C-L8d 444. of MOUDWO Vie.. 9. 8uperior Coo.. for .Allbouch ..Ioeatlo. uoI.taDct Ia.. dot. :;s,t&, ~12~t' (187~) 126 CaLRplr. DOl ..r....I, pro.ld, for a buriAC 01 - oeW board -btrh .rid.D.. 10 .....Irtd 10 be tOkeD, JI D oood...... ... MeD .Dled dahoed shed pursuant -,. ....ulr."'DI. a.. f.lrl, ,,"po..ed b,. reIocatiOD HD.II" ., ad",ra, OctlOD 01 tIlt Itri... 1'-. -hfch thlt ttcdoD ... tl.. _d"'IÚDC public ODlh, o. II. "r.. I by ordinance act. 01 a co.~.mlÚoc I..bllc oDd.y OD 110, 9'10"", of hIo da1m b, ¡" '0.,...111, bod, d,....d 01 ODY perOOD oreri..ed 'y a d.. Ie entities, ex- tormlDo.lon .. 10 tlicibUir,' lor or O"OUD' or olher Dppropri.,o oUlhorilY. .. that -"D" ... o......ted bl. odmital.tra. I, on the eU¡i. of ..,..'DI ODlhDri.ed b,. ..loeadoD a.. d., remedl.., blo """ judicial ..med,. II.. 8Û..... Jaw. CII, 01 Mou."ID Vi... T. . 's chapter. Buperlor Cou.. lor S...o Clara CouDt1 III petltloolor tIlt IUperlor COD" for relit! 10 DcboIoûlratl.. ........... Jdo ¡ ... eU¡ibWty (lt1~) 126 Cal.RPIr. IIIi6, 64 C.L.Sd 72. chapter may' I. 1010.4..... 4. """'11 ~ foelol" by the reloca. "ù", OppUUDI lor ..localloD ......... DocûIoD of pabUc ..tlt>' .. to ..,.....t .rIoID,b, 9'I"u, 01 .cqui.ldoD ol...d b,. of ..Ioeatlota~. upe.... all" pro",.., 10 , The review public ..thy -. Dot ....uired to porau. tabD for paM., PO"" 10 floal oDly a' mcy may only 8dm1.I..rati.. chO.DOIa III arat lut..... to 'uo.- of fa.... Boperior Btrut .. I" foIIu.. 10 -k ...Ie.. ., odDÚIII.tra. Boor.. Co. ., Po" 01 Ooklaod (1917) rant to SectIon tI.. ....tIa..D. .... DOt ltaproper. Bope. 140 CalJIPtr.,11:I, '12 C-L8d 881. rior Btrul .. BAD,.. Co. 9. Po.. 01 Oak. Jaod (J877) J40 Col.RPtr. GIll, '12 C.L.Sd L -... 887. _.. po.. ntllorit>", ._u.. for To...t -bo failed to ........ ..-.. puoIo,.... daIto. foe reIocatloo ..pe.... .1 tbJo ttcdOD willi "'Ptct to ........ for .- for DO -tilD°O1. DO foct.fItuUo, reIocatbnl boooll" -. DOt _titled to .tonoloallo. ODd DO opportœl11 to be 1 '1266, Mðtd ., -rit of ........... "NCdoc tII.......... -... - pa.. et eIaItout. eIaItout .... &S.II. ... .olllorit>' 10 - _b .011..; tilt -,..mrod to _k admIDIotntift -", patllloD for -ri. et ........ .... a "doIto Wo.. -. ,.. -plajot for _b nIoea. 10, -0'- wltIIlD IDUtlator, ,..m... t".. ar-B.':r "C:~r ;:..n.., =:d ..... of fonaal IIIIoc willi ... ......... ... aotllorit>' .. . .......,w.. to.., (U77 140 CaLBptr. 1115, '12 C.L.Sd 881. or """'-"" § 7267. GaIdeIIDM for pabUc .we. In order to 8IICOU1'8¡e 8JICI expedite the acqu1åtIoa of raI prop. _tIau I JIOII, <)¡~ ert,y by qreementl with 0WDerI, to avoid Jltlptloa 8JICI reJ1eve eoncest1on in the courts, to UIUre COIIIistent treatmeDt for 0WDe1'I In the public PJ'DIl'8IDI, 8JJd to proznote publIc COIIfIdeDce In pubUc Jand acquisition practices, publIc entities IbID, to the ¡reatest extent prac- ptnoltt'" nit to tlcable. be culded by the provIaIons of SectIons 7267.1 to 7267.7, In- , -a' et _plaID. dullve, except that the provIaIOJII Of IUbdIvlslon (b) of SectIon 7267.. , _. Ib...b, 1 and SectIon 7267.2 8haD DOt apply to the acquisition of any -- ~: . for IIIIoc '165 11- ?-? ~-d-'--~ - - -- - - - - ----- ----------------------------- -------- ------------ - ' : . . I 7267 RELOCATION ASSISTANCE 'l'ltle 1 DIT. 'I ment, rl¡:ht-of.way, covenant, or other nonpossessory Interest In rea] § 7267.: property to be acquired for the construction, reconstnu:tion, altera. -K don, ~ement, maintenance, renewal, repair, or replacement of Befon 8Ubswface -ra. waterlines or appurtenances, drains, 8e¡)t1c tania, entity aha] or mrm water drains. satlon ther (Added by Stat.a.1971, Co 11574, p. 8160, I 10. ÂJDmded by Stata.1976, Co ty for the-' 1O8.p.182,I1.) , be lu.¡ tha JII8Ioric81 Note value of su : value of J'( ft. 1m _t _rttoI tII. u. ""....or 1 'DS7 .... --"'1'04 1 'DS7~ caused by 8PdoL . ud amODClod ~ 81&1&.1871, .. 1:114, Po 8180, 1 8. t qulred, or ¡ er- 8af- t IUch Impn within the ....."y oeqalaldoD' .y parebu. or _do.. _rvcdoo of W. -OIl,'" ¡ prded In d 1 7274. ProtKdOD of o....or or OCCUl'ODt. orb.r proriol.... of .... ~\'ÚI& .-tor ~.... ¡ entity aha1J .. pfO'ldod by W. 0KtI0.. ... 1 '12'12. : written .u.- Ubror)' -- tablJshed 8! I81atDt DoIOObl ÞI80. c.J'.s. EmlatDt DomaIo 1188 Ot _. er occupied dentlal unit Not8I ., D8cIIIoIII a copy of tI I. 10 ""'01 prlate, the CIty', toll... to follow cuId,ti... for "ro' <ood....orio.. Too... Ctty of Ba.. damqes to _odado, with Iud...... ...d.. tlila ooc. to Borb..o 11879) 1:11 Co!.Rptr. 812, 88 (Added by : - _Ie! Dot -_to ...., .f oed. 10 10. c.A.8d 8M. 878, 11.) § 7267.1. Aequlsltlon bY otlatlon; appralW . (a) The public entity aha1J e every reasonable effort to ae- n.mso. quire expeditiously real property b negotiation. -. _tOll<O roIad (b) Real property Iha1l be app before the initiation of De- doe oppl8iaaL IDtiations, and the owner, or his desl ted representative, aha11 be liven an opportunity to accompany the raiser durin¡: his Inspe<:- Pnport1 .... - tion of the property. tÎ;L.' - ~ U . 'l27e. Protocdoo .r , (Added by Stata.1971, Co 1674, p. 8161, 111.) IIpraftd' C'nM 8af- "'í'?n~ ., ...- or ........-. -- of .... -. - __01 ~ '.;, oner or _to other ......... of ... IM8I .-cor ........... ¡..;J.IU. II prnldod ., - --. - 11212. IAnI7 W- lalaeat Dooo ....... Ðo8oIa ..1.. c.J'.8. _t Þo8oIo 1 = at ooo . f 7267.3 ...... ., D8dIIa8 I. ......... 1M' pro IIrtl .. ....1'04 for fIIIIIIe - '!'be cor. "-' ......... of _r of - to- Iaporlor - .. BuIor 00. .. P8rt of be 80 8Cbed1 - .. - proroqalalto to _t of ... 00kI00d (181'11 140 00LJIptr. I1B, 11 C. --- - .... it II ......... AM 887. '166 /1-;29 Æ--~- .~'-~~\::;~f~t:~f~i;t;~~i~:~;~~i~~)~r~~~r - :.:,,: '3r)~?iy:,:,:,-.. - ..t~:._~~ .:'_.~~::~~::. -':~.~~?~t~~~~~'f . --'--">---'--"--""_"'- . ._------~~.~c.,..."."..c.~c~ú.- ""~,"",c- 'c","",' .:~, .,', ""~ ~'" .;.,>O'~:i"'-""¡:~'~>':";"" ,,:;..,'- ',"," ... . -. - ,--, -'.- ,-- . DIy. 7 8ELOCATJON ASSISTANCE § 7267.3 '!'IOe 1 erest in reà1 Jut CIOIIIpell8aUoa; fIfIer 01 fair -at ftJue; writ- :t1on, alUra. .. RûemeDt¡ review 01 appraIaaJ llaœment 01 Be~ the 1nftfation of IIeKOtfations for real property, the public JePtic WÎkI, R..c.....' ¡ ....':::.. r: entity estabUsh an &mount which it be11eYes to be just compen- aation there r. and IhalI make a prompt offer to acquire the proper. Stata.I976, c. ty for the full ount 10 ectabl1shed. 'In DO event IhalI mch &mount be less than the ublic entity', approved apprafsaI of the fair market value of such property. Any decrease or inCrease in the fair market value of reaJ prope!:\y to be acquired prior to the date of valuation .bcNd I m7~ caused by the publlc-Jmprovement for which mch property iI aCo 171. Co 1$74, p. qulred, or by the 1Ikeli~ that the property would be acquired for such improvement, othèr, than that due to phys!œI deterioration - withIn the reasonable con~ of the owner or occupant, w!IJ be disre. .. 0Kdœ, ... carded in determinill& the COIJVIensation for the property. The public ;..c..,¡OD ..... entity ,haJ1 provide the owner ~ real property to be acquired with a ' wrItten statement of, and IWnIIIUy of the basil for, the amount it es- tablished as just compensation. Where the property involved iI own. er occupIed resldentlaJ property and~ntains no more than four resl. \& tq. dentlaJ units, the homeowner 1halI, upo,\req~ be allowed to review a copy of the appralsaJ upon which the ôUer ü based. Where appro- priate, the just compensation for the reaI'Vropeny acquired and for .. ClI, .r BaD. damages to ~ real property IhalI be ieparately ltated. !.Rpn. 112, 18 (Added by Stata.I97I, Co 1574, p. 8161, I 12. Amended by StatU978, Co 878, 11.) , ØI8Corb1 Note !f(ort to aCo '1'be 1178 ...ud...... IaHno<l tbe fifth -'e... relat1a6 to rene.. of . eop, of tbe oppralu!. ltion of ne- ve, 8ha11 be a.a ~ h1s 1nIpeo-" Pnpert, aeqaIo dou ., ........ .. """'do8, --- of CWo -uo.. ... , P~~ one, .. -.. otbe. ......... 01. law ..... _to, ..--.. diu . . Ia .-811 ., tWo -- ... I T212. ' I.Inr ..... t' "'~... II --. - &oIoeatioa -- (lml I I'MI& . IJ. U4. , - .... IAr8rr ~ JI:oam8. Do.8I8 _181. U.a. ""1 Do8oIa I 122 It OOQ. = at OOQ. f 7267.3. IIebeII1IIiDc ~ ~ - ~t¡ wrItt.eD .0- aoe; time Ir \II< -:r The construction or development of a public Improvement IhalI ~. ...l.Ti Co be 10 8cheduled that, to the ¡reatest extent practicable, DO penon --.3 i) 'lli7 - II. -;r=-3r)- -- ----------------- 0______------------ ---------------~----_c - . , ,j § 7267.3 RELOCATION ASSISTANCE Title 1 Diy. 7 lawfully occupyin¡; real property &hall be required to move from a dwelIIn¡, usumln¡ a replacement dwellln&: will be available, or to move his business or farm operation, without at least 90 day¡' writ. Proptn, aOf¡- ten notice from the pubUc entity of the elate by which IUch move is I 1274, required. ' Prot-;:::..:f.¡ (Added b1 51&1.8.1'71, Co 1574, p. aI61.IIS.) , er- 8of- EmIo.., Do, I'Npony ...,.Jddou ., ..- ... -doa. -- 0( Woo ~ - PntJJ:J~1 ......r .r _t. ..ber ,rooIoIou 0( Io.. 8hIIIc PM'" _oetIoa tkD i § 7267.( " "..mdocl b, Woo -.... - I = \ IJInrJ 8"'- i U any MaoIdpolOo"...- "'314(1). c.JJL MGllldpol 00"...- I UOO. , the power ( : c:ondemnat! NoW fJI DocIoIoM . it ~ I. II ......1 - '0 tile ....ablder ,rol>On" 'be.. .... t tact of the " , cIo"?:~ .::~:::::~a .::~~":~; ::..~~. ;;.~.t;~~, a¡;~ ~~: ~; ; (Added b1 S lor ....e' Impro.....' ruultocl 11>..0 y, S.lth (1816) 121 CaLBptr- 166. Gð C. _tlD.ocI la.erroptioD ..1 -........' ac. .LId 148, -. t Proptn, -. § 7267.4. Fair reDta! value; mort-term OOCIIpler î Prot~4,;, . U the public entity permits an owner or tenant to occupy the I ",mid. real property acquired on a rental basis for a short term. or for a pe- riod IUb ect to termination by the public entity on short notice. the &ala..., Doll amount of rent requIred shall not exceed the fair rental value of the , property to a short-term occupier. : § 7267.7 (Added b1 81&1.8.1971,0:.1674, p. 8161.114.) , , er- 8of..- U the a ""..n, oeqalaltlou ., ...- or _d... eout- 0( Woo -... - rema1n1n¡ ¡: I 1274, economic ft ,~ ~:.::.s:;:;~ =";.:r~rooIoIou of Io.. 8IÑI PM'.r ,rotoctlotl tkD the entire p¡ (Added b1 It IJInrJ ---- ......, Domo1a -. c.JJL -, DoaoID I 12Q, ' ....,.ny ...,.J - I 7267.5. 00erd0II to -pel acr-øt 011 price P~~I 0 In no event abaD the public entity' either advaDœ the time of " ,-w. CODCSemraatlon, or defer ae¡otIatlOll8 or --...t!oD aDd the depœ1t of funds In court for the '* of the owner, or take 8JI)' other aet1on I 7267.8, coercive In aature, In order to campelan qreement l1li tile price to lie paid tor the praperty, (a) AD (A&Ied b18tata.1t71, c. U74, Po 1181.1 11.) ment P8)'mt '168 -- ,---- --------'---'--------,-- ----- 'J' tJe 1 Diy. '1 RELOCATION .ASSISTANCE f 7267.8 : :0 move from a available, or to a- a.r- t 90 da)oa' writ- II auch move J¡¡ ,l ........." --- .,. ........ .. --. - 8f - -.... Im4. r-eedO1l of _r or --t. etIter ..- 8f 10. 8hIaI _ler -- - .. ....wool b, dIII-.... I '1m. '? UIIr87 --- f J:m1act DocabI 82110. c.J'.B. Emlact DocabII224, 1 tbia M<tIoG,... : or .",ttetl.. diaD § 7267.6. OoademDaUOD proœec!lDgs; IuUtuUOD by public en- e- aty IDste8d of by OWDer U any Interest In real property J¡¡ to be acquired by exercise of - orodou . nOD. .::- 0'" the power of eminent domain, the public entity aha1IlDstftute fonnal " condemnation proœed.\n¡s. No pubJ c entity aha1IlntentionaDy make It necessary for an owner. to Institute Jept proœed1n¡s to prove the """" tb... ... fact of the takIn¡ of his real property. .,¡ 01100. 01 ...' , Á~.I.. Cooa., (Added by Buts.llll, Co 1574, p. 8162, 116.) p eee. 03 c. a.o 1aI- . Pro....., o<qol8ltloa. b, ..- or _doa. _noedO1l of W. _oa.... Im4. . Protredoa 01 0...... or O<aIP8O'. otb.. pnm.l4a. of 10. åMa& _t.. .roteedO1l - I occupy the .. p...wool b, w. -.... -I '1m. or for a )Ie- UIIr87 a.r- t notice, the value of the EIoIDct DocabI ..186. c.J'.B. _...t DocabII 209. .:.:.,,;; § 7267.7. ~UOD of _tile property; .~ce of - t-.c. J' - "'-. .-Ic _t U the acqutst' of only a portion of a property would leave the 10---- I'eDI8.InIne portion In a ~pe or coodttion U to COIIItitute an WI- 'Nt0ed08 au. economIc remnant, the c entity Iha11 otter to and IDa)' acquire the entire property If the 10 deåreI. (A4cIed b7 8tata.1811, Co 1174, Po II 17.) 18. a..~, ~fV:n~ ., ........ .. -"""" ., 1I0Io -. - - . 4. Ie time of I'recoedo8 eI _or .. ~ 8IMr ,....... eI 10. 8håI ...... -- au. . .. .-" .,. dill -. ... I '1212. be depœlt her action I 7267.8. ~ -- " - - -" e Price to Ca) ~ pubUc: t1eIla~ adopt ~ and recu1atiOlll to Imple- ment payments and tò dmlnJster relocation uaJstaDœ under the '1&9 ~ 1/-:3 'Þ ---,-~------,------_.- - , " . I 7267.8 RELOCATION .ASSISTANCE '1'Itle 1 Dlv. 7 provisions of this chapter. Such n1Ies and ~atlons shall be In eal"" b, ...b!; H....r Co. y. confonnlty with the cuideUnes adopted by the Commission of Housing 140 CaLRru.O Wb... roIoeo and Community Develop~t pursuant to SectIon 7268. Such rules ..t reo.lrod .. and n¡uJations shall, to thet.uUest extent possible, also be consistent aallooritJ for 0 as to federal and nonfederal projects. Iocall.. .ftor I (b) Notwf~ the ¡Ìrovis ollS of 8ubdlvislon (a). with re- § 7268. I¡IeCt to a federally funded project, a public entity &haD make reloca- .tiOD us1stanœ payments and proVl~ relocation adviIory a.aIstanœ as required under federal law. \ . (Formeri)' I '1267, added b7 Suta.1969, c:'.U89, p. 1043, 11, eff. Sept. 6, . (a) 111< 1969. Jlenumbered I '1267.8 and amebded li7 BtaIa.I971, Co 167(, p. 8160, I 8hall adopt I t. Amended b7 Stata.I972, Co 1307, p. 2607, 11.) chapter and IIJotorIcaJ Noie bypublJeent 'no 1971 a.._oat _"",ber'" tloo -(b) Pa....".. ad.. tlto pn"i.loao of (b) '111, 88<tJo. ud ""ro" tit. t..t, ..bleb p..v!. tltl. ebart.. b, tlto Dopartm...t af Public 8hall, to thE ....1, rud: "'orb for proptrt, .cqalollloDl .hall be PresldentW -Po...."" -.. tho proytoIo.. of tblo 10 .econlo.co with II1ICb ruI.. ..d "C1Ù" eIIop... .boll be _do to .lIrIblo per.... doa... oh.U be adopt'" b, tit. depart. President of 10 aecol'll..co with .och ""'0 ud ..~uI.. .oat. requirement doao .. .1o.U be .dopt'" 10, tb. S.... "(c) loch rocuI.d... ohaII proTIde thot BooI'II of Cootrol for proptl'tJ' .cqaloldo.. flo. pa...oat. aud ...Ialoaco reoalrod of . ty Acquisltl. .. . Ita" ...ac1. or tho ...oru1or bod,. pub!;c e.tlt, _.r thI. cbop..r .h.U be re¡uIations J of u, ath.. pahUc ...dt1. for proper" ad..lalat..od 10 a ....... that 10 fair u4 acqalolrioal b, ....b ...lIt,. Pa11U.a" ....o.abl. ud .. aalfono .. plled,,"bl.. (C) Sue _d. 10 ..Iotloa fo Pro",rt1 acqulaltloa TI,. ..~ulotloaa abaU 0100 protide th.t tit. anee require for _do ud .t..." b, pubtic ...dd.. po...oa" .h.U be ..do aa Pro..ptl, .. .tII.. thoD fho .toto .10.11 be ..do la .e. .....1101. or, 10 bol'll.ldp ""'. 10 .d...ce. tered In a III: ....... with tIle provlolo.. of ¿mel. 3.$ 10 .dditlo., tho ..",Iotlo.. .LoII pnnid. . tiœble. '11IE (_..cIor with 8ectloa 1561 of Cb.p. ruao..bl. ."I..~. IImltotlo. 10 '...nolo. f.. 1 of Dhialo. 1 of tb. Su"" a.d lor II" act..1 uð ru...ahl. ..pt... 10 . made as pro HJ~h...,a Cod. ..d .acb ...1.. a.d roru1a. ..o"I.~ a -... for purpo..a of _. addition, sue do.. .. aball be adortod b)' th. Sto.. Do. 7262." " po-eot of PabUe Worb.- 8ecd... II. e of 8totl.l972, .. 1107,. p. in determlnl '.n. 1872 a..........t ""rot< tit. Me- IØO8, proYide: - for P\II'J tIoo. which prorio..l, rud: -See. II. 'J't.. Ltrlolota.. Iot..da that -10) Escopt .a pnnidod III oahclh1alo. tho provlalooo of tbIo act 010011 old III the (d) In I (bl, PO....... -or tit. protialo.. of Obi. 8ItIfono admIoi.tlltioo of _do. ... Community ] - eIIoptt. ""11 be _d. to .lIrIhl. pe..... ......... hI public _ddea th....,hoat tbIo Ia _nIooce with aoch ...... ud rarulo. ltat<. ill¡ out the p tIooo .. .10.11 be adopted 10, fl.. Slot. "See. 8. '11d. act aIIaU hec:om. opa... (e) The Boal'll of Cootro! for Proptrtl ocqal.ltlo.. dye OD. 1Mr of..r Ita aftoed.a do".- 1 hI . ltat. ....e" .r tit. co..ru1or hod. &haD provide of u, 11th" public adl1. lor propt.., t draftIn¡ and ~- ~I -10 ...dq. . . and to admInJ a- a.r- (Added b7 Stt I'IIIac of ...... 88d rocoIodoao MoPfod _t t8 - -. - I T:leJA. 8ula.I97!, C. J ....- of ....... .r --.. ath.. p",ms- of 10.. 8IYioc _t<. ,- tMa .. .-- hi - -. - I '1212. ICV..LC.LI ..... ., ~ I I. ......... .. -- - D-- -- po'" I 'no 1971 --. "..,. port 88thoritJ "-rI1 faIIacI ... nit lor ~ NIoc:8t1oo - ... ""_f of I .. Mopl .....- - ..w .... to- tboeI1 - """P. U _do. afro. .- t8 Mo,. ... ..... ..., - I." NIoc:8- a- _...... fnm. -.I -... '160 1/-33 ------r::::33----) -- -., . . ~;;;~~l~;;~~:I~J~~~?f~j~tI~~,;~:,:f2--:;,:?:,:~}'{J~::j:::i:-, ':.~~~:..:~:. ",,2: '_: .Z,ll;~:~~~~~.": --------- -----,--,-------,----_.~"._.,.... - ,----- "~--- . ."...A.. ...68 d,,' .~. '. . .~,~ :;""W8' ..:' -' ,'. ',' ,; , ": ': ,,', ';': " " " ".~".. ':.> .. 'ntle l' DiO'. 'I IŒLOCATlON ASSISTANCE I 7268 .,prod '1 .....11< nllt7. IIapnIor au... ...,. for """11< - ..... _rl...'. .d, I8ll be In Sane.. CO, Y. Pan of Oakl...d (111711 amIa...d.. .-roo .... INcIeq...., r Houdn¡ l;f.~::;.:~.nn~ ~'woo :::"I:'~. .:=:~...== ~":; uch rules ... roqalrod '0 ........, dol.. bo'o.. pon wo...' ,born<! br lIIDI..do.. .... flied :ons1stent ~:'::"1.::~ :::: ~ t;'..I:..r;: == ~~4.ofur _"0 rl&b. 0' ~-::. § 7268. GWdeUDes"" -mulOD of IIoaIIDg aDd eoamnmlty ISSlst.ance ~pmeDt for ..ymeata aDd relocation ualdaDoe; , udlt&Doe to public _titles .,- K.- -,' :1. ~"t, 6, (a) The Commission of HousIn& and Community Development p. 8160, 1 ;,,' \ " ~ ~ .hall adopt EUldeUnes for the implementation of payments under this " Co ' chapter and for the uniform adm1nlstratlon of relocation assistance -' ,', - -, by public entities carryIn¡ out the provisions of thIa chapter. ""'¡'¡oo. .r ~ (b) The CommIssion of Housln& and Community DeveloPment "' or pobUe 'ahall, to the tullest extent possible, conform auch culdeUnes to the ,::. .~~ Presidential Guidelines promu!¡atecl by the executive office of the Ie,.n, President of the United States, Office of Mana¡ement and Budget, the .....w. !bot requirements of the Uniform Relocation Ass~ce and Real Proper- eqatrod or . ty Acquisition Policies Act of 1970 (P.L. 91-646),' and the rules and ~~ ::u ~ reculations promu1&ated pursuant thereto. ~:-~....~~ (e) Such EUldeUnes ahall provide that ~ Payments and uslst- ........11, .. anee required of a public entity under this chapter ahall be admInIs- .: ..~;:'~ tered in a manner that Is fair and reuonable and as unlforin as prac- ID '......10, tlcable. The EUldeUnes &haD also provide that the payments ahall be ~ .:r~ made as promptly as possible or, in bardship cues, In aðvañce. In addition, auch culdeUnes ahall provide a reasonable mIJeap limitation , eo 1801, Po in determlnln¡ the ac:tua1 and reuonabIe expenae In mcrvin& a busl. ID,"" Do' ness for JIW1IOIe5 of SectIon 1262, ~.: :-. (d) In a4optIn¡ 8UclIlUldeUnes the CommI88fOll of HouaIn¡ aDd _boat IWo Community Development ahaD conauJt with the pubUe mtltIes cany- - ......- IDe out the provIaIons of this cbapter. ....- (e) The Department of HouaIn¡ aDd Oammunlt)' Development &haD provide COIIIU1t1n¡ and tec:ImIcal uaIItuIœ to pubUc mtlUes In dratt1n& aDd amendInr rules and resuJaUons to ImpJement payments and to administer relocation uaI8tance UDder this cbapter. (Added '" Stata,It69, c. 1.89. p. ao.s. 11, eft, Sept. .. 1169, ~ded br .:.- .... 8tata.19'll, c. 16'14, p. 21162, 118; Stata.19'12, c.18O7. p.I6O'I,1 L) I C V.I.C.A. I .-01 .. IOI . ØIIIoftèoI Hole ,... '... ..rI, fte un ........., .- w, 1M ......" _to ""r - eIIopter ., It I . wo' ........... of pabUe _rb .... a- ucI tu. tIle ....raIoc _eo ar ather 00.,.. after Nod to "'p. ruIu ucI ....- to la, tùIIc adtloo, edIor ..... -.. ..-... _rt1 ... '161 -?-=":?Cl 1/ -- ..3 Ý .--- - - -- - - - ------------ ----- -- - ,- ---- - - -----------~--~--"~-- - - -- --------_..._------~---------_. -- -.-~-;.'--'..-.~ i § 7264.5 GOVERNMENT CODE GOVl acoordanee with rules and re laoon.o odo tee! 1M blic ea' . I Tm. erta In 'ro '" n ~ "ta~a en or en 0 ru..an re bOla II> a<:co eo 00 0 lie, ~r e ~nnmation 0 tato e unuant to I. Ia. unuaot to ooe ru .. an re bola. ,....., (b) No ""rooo ,haD be required to move from bia 0-. her chrellinr beca... of b ':"luiaitlo" b)'. 112. 18 public eatity, UDIeu . . . eompanbl< replaeelll<Dt lioualllC . . . !! a...n.bl< to .. the ÞeROl1.. pm (e) Fo~ of cletuminú>r 1M applicability of aubdmaloo fa). the public entity fa bereb, cleaÍ(na u . duly authoriud admIni8tntive bod1 of tho &tale tor tho >1IlpOMa of aubdmaioo CcJ of Ca) 'I Seetioo 408 of 1M Reveoue IUId Taxaooo Code. DOroW Cd) . . . SQbc jyfaloo (b) ahaD DOt appl7 to a diaplaoed -- who - In writinr with 1M public (bJf eutity to remafu In oecupaocy of 1M acquired chrellinr u provided In aubdma;oQ Ce) of Seeâoo 7263. """er' (AmeJ¡ded b1 Stata.I98I, c. 885, p. 1671, ¡¡ 4; Stata.I989, c. 828, f 8.) bia2L! ~aPI JIiIIorIeaJ &Ad Ikaluto'7 N- ~ I'll "-od_.L Suboâtul<d, iD .ubo!. (al. 1M nploeemat -.... ...... othcnoiH ... Þ>&<k..aD- (Amen - -",mponb¡' Nplaot"",., bo",;'¡'" ADd "that oh¡',lM p_b¡;"..tity oJWl- fund. .-<bon..,¡ for !be bo",..," fur ".uch ho",;'¡"'; ODd add.d .ubo!. (dl. t""~f~~~ ~ ~~~.....t U-Of. INI Laaiola"". I'" Tho 1189 .meodment Þ>&<k . --be..",;.. chaor< "(b) No peno. obaD ... raquU.d to ..... !rum Iüo on.. iD .ubo!. (dl, ADd .......... ._belt. (a) ADd (b), whkh had iweUiDc bacauM of Ito ocquloit;un by . pub¡;" eotitr, lObo!. tI prundod, uIeaa IMre ;. ropIaot""",t 100",.." U -bed io _ub, "t.) If ....~b¡' replaot"",nt 100",.., ;. DOt ....1- _ph (3) of .ubdmoioo (e) of Seet;o. 12ß1. .,..¡¡. able ADd tM pub¡;" entity cIetenoma !bot oomponb!. ohio to him." Notea of Ded.lon. Dvt1 La.rtJ> 0(...14<n« I I. LeO,tJ. 0( -- - NineI ' cloy ...iduq nq........t of Go., Code I. Do' I. Cooaparab¡, --., -lor f '126< d;d DOt apply to pndudt ......" in buildinr> OJ> CiIT' Ita""""",, - !rum beior -idtred for Jut reoort ":l~) alle~,:: ~~ ~l.:~~~~~:~~:! 100",.... folio....., -no. of tbrir """cia, wile.. Ita", t DO -....b¡' nplaœmeot 100",... - ...nab!.. _of pIW>c. wi~uu. .01 ond the;, e.titlement to r.S uoi" c...;. Y. AothooylApp. t DioU"', 2SO CaJ.Rp... 893. _tad of "",mpanbl, replate"".t ho",..C." McKeon". Hu- ZJ ColApp.ad '67, revirw dtnåod, U"" tmco CoI¡'" of 1M Law IApp. I DioLltB6) :so CaJ. ......... Rp... 116, 185 C.A.ad 8'17. COIII.- tMIr ll f 1%65. AIrport .....pertr _ubltlon; conllcuoae~; IIddItioeal _at (a) In adcliooo to the I8)'menta required by SeetIoQ 1262, u a COlt of acquiaition, the public entit¡. I '/U". ahall make . pa)...ent to -""1 affected Iropert)' ........ meetinr 1M reqlliremeQta of this MCtion, !!}J (b) The affected propert)' .hall be immediate,>, """druoua to propert)' acquired tor airport ...rob Ptl1pOOe. and the owner ahall have 0WDed 1M proper\)' affected b1 acquiaition b1 1M public entity ~ not leu thau 180 <Ia)'l prior to 1M initIatiOQ of De(Otiaoon tor acquia/tion of the acquirod propert)', toac<¡ - Ce) D!!J".)'DItQt, not to aœed :3~ ~ tift hundred do1Jan ~, ahaD be the ofter I amount, &D1. whic:h equa1o tho . In tho fair marltet ft!ue propert;¡. of tho ......t affected propert)' -- raUM<! by the acquiaition b¡ the public eutity tor airport >1IlpOMa of other :OJ; ,.¡ II'Opert)' &lid a dwJþ In tho - of!!!! pI'Opert)'. . (d) The amount, If aDY, of actual dodine In lair marltet ft!ue of affected Ie'IIpeft)' ahaD be tho iii detennined ~ to naJa &lid re¡ulatiouo adopted b)' tho pubtie 8IItIt7 pun- to thio chapter. = ~ naJa &lid re¡ulatiouo ahaD limit l871MDt under thio ~ to tho&. circwnataDcea In which dodine In lair IIW'ket nJue of affected IrOpert)' 10 17 ñIãiëd to objaetive pbJairal propel dwJþ In tho - of acquired II'O IOrtJ. eotabl (Ameaded by SI&I&.1989, c. 828, f 8.) pope' allow. IIIoIoricaI ud IIcaI8torr ~ -P' aepar. ... lA8WacJoa ä on.. 18811 -- - tilt -.... ..y- ~ -t !rum 111,000 t.olZ2.!OO. aod ma4e -- ehaoceo, AdcIItIona or -- IndIo8I8cI .,. -.e, -- .,. --. . .. 262 -A=-3-~---, II - 35 ..- ----'-..- .---..--. ----.------.---- .. . § 7267.2 ,n67. Gulden.... ror ...bUe ...1111.. Nola or Deddo... . "..-.J r.LRptr. 110, 101 t....Jd 814, -.vi daUed 101 >r her chr~ be.. . rl~ v~ or~ko~ ~~r~~.:l~:~ s.c.. 171, 4Ö VA 801, 16 L.Ed..Zd IJI. ëiii1ii, . . . !! a.J:i,:~k>;. ~w.itIoo b¡ I " aubdi..' tho P<~ tho .ta~ t';:' tho public ...tity '" """bJ : m7.I. AcquWtIon '1 ~n; ~ I1Irpooa Dr .ubdiriaioo (c) or (&) '11>< public eutity ahaIJ malt< rnr¡ .....,DOb.. effort to aeqalro apectitiouIl¡ ruI proporty by ....".,. wI>o - In writin . lOfoti&tion. II Proridecl In .ubdi . . ,With tho public (h) J!ea prop<~ .hall bo appraio<d before tho IoItiatioo of De,otiatioDl, ODd tho own", or the IS, c. 828, f 8.) ""IOn (c) of Soct;oo 7268. "",er', de,ipa rep.....ntative, ,hall bo (iven aD °tportunlty to accomplJ1Y tho appr&iaer duññg .. or her ioapoction of tho proporty. However the u lie enti IDI reaen"" I roeedu", to wlive Io."N- II>< .-..wI! in CUll involvio the U'&luon 1& e or o","on 0 ro W1 a Yo' IIr mu et :.";~;::~ =~ot °thorwiu bo mad< aY&iJ. !!J!!, " for wbieJ¡ tho raaJ - fundo a~thoti&<d lor tho ¡Å"",nded by Stata.1989, Co 828, t 10.) "C A<o¡I1Îred CO ,....:"J::rf1, or...,..,..t tho....1 IIhtorical ...d StatuIol7 Nola I No _n IIIa1/ bo t loou"'l. ' I"' LarWadon 01 --- oilla ';,"'IUireð CO _v. tzo.. hio The 1181 .....dmool adoW the ..- .....- 01 . tho.. .. ..Pla..':::, ~Itio~ b, , publ;. entitv "be! (b , ..laêD¡: CO w&ivtr 01 the appraioaI, and DIId. -.ph (31 o( ,ubcü...., (c:~~ dacribed ;.; ....ut>otantive chanr... , him." o. 7261. Ivai , no Nola of Docialon, .... II -1ft.. Dol, I ÞIco (App.1 DioLltIO) 176 Cal.Rptr. 17, 22S Cal.App.ld 88. )' - -. Citr', 111<"" proroiN CO purd>aa< po"". o( land at i . appl, co~~Wr.menl o( Gov. Code fair a.ukct val.. .... DOt ...u..p.... 01 duty 01 ,peciat 'lied land (rom boior ...:;n.. in bundin,. 0. I. Dul1 prot.ection - lando.....n who "Ulht 10 de..lop (0110";"1 ........tio ( .red (or Ju, '"on Citr', 0110"" a...mpt CO keep land io .odeveloped ..mainior ~ 01 !and.: like 011 pn>P<rt). acquired paroble ,"PJac._,o ~ th~1r "...eia, w".,. ""', Ita 011,""1, .......nabl. oller CO pu1<hao~ por. :-:.h :;:'::.u~~~~ š:~~~ :'Eë:::; ipM:;-, tApp: 6 D"'tl~~~~g"~;;"'~ble. DOn of land, and ita 0I1o1e<! p/acem<nt or formidable 01 San f'ranciaco (App. I DioUt901 2'75 CaI.Rptr. 17. p 467, ....... dooiod. . 893, obotacloo in.path CO u~ 01 land could DOt bo -""~ 22S Cal.App.Sd 88. . IS ...umpuon 01 'peaal duty to pro.... lando....n 'I'hia 1ICtio. d;d DOt impoM on dty ,.......1 con duty io......., cit).', oDele<! .... ....... besl doteribed.. with...- 10 _..' applicauoDl for dev.lop- Ir. IIddJlIonaJ _mInI _...nt!)- adv.... 10 _n' dot"" to develop ....t S..Ith v. Citr &ncI Couot¡ 01 San f'raociaco tApp. their proporf1. Smith.. ~ &ncI County 01 San""" I DioLlt1O) 176 CaJ.Rpu. 17,22S Cal.App.Sd 38. . U I COlt of aequ' . . otin, the reqW:JtJOn, tho public entity I 7267.2. JUII eompl!U8llon; proponyofrered ror eaIe by 0Wfter; ofrer ror 88Ie donned 10111 to pro menta of.w. aection. !!J Prior to adoptio, . raolution of -,ity punlWlt to Section 1245.230' ODd initi&tin, <led b)' ac:q:~ ~uired ror airport lIe'Oti&tioDl for the aequialtion of real proporty, tho public...tity ahaIJ ..tabliah aD amount which ¡, or aeqllÍl/lion of 3.. ~~blic ...tity bolieveoto bo jual compeDl8tion therefor, ODd ahaIJ make aD off... to the ........ or 0WDen of reeon! hWldred doßaro property. to aeqwre the propert)' for the fuU amount 10 aatabliahed, 1IDIo8a the ........ - bo located with IllUUj walue o~5I:I21, lhaJJ bo tho ........b.. diIi(ence. '11>< off... may bo CODditioned \I IOII the le(ialati... body'l ntlfication of the Iic eutity for airport property of the offer ~ aecutioÐ of a OOD!net of aequlaition or adoptioa of a raolution of -ity or both. In nO I1Irpooa of other event I II the amoUDt bo lea IIw>the public eutity'l appnmd appnIoal of the fair maritet nlue of the ~ Aa1 cIe<reue or åIereaIe 111 the fair maritet ftIue of real pro¡>aty to bo aequlred prior nlue of atf-.¡ to Ie of ftluation cauoed by the r.blic ImprovllDeDt for whIcb the pro¡>aty 10 aequlred, or by public ...tity .........:.~ ahaIJ bo the likelihood that the property .woul bo aequired for !!!! Imprcrftment, other IIw> thaI due to :.:L to IhoH circwDo chapter. pb)'llcal cIot.erio:ation within the I'8IOII8ble OODwl of the ........ or o::r:t, ahaIJ bo diareprded ÎD Iy ~ to ~ In wbJeh cIat.mDIn!or the ~..tioD for the property. 'I1>e public aatiQo prtI'icIe the ........ of _I ve pl¡JoakaJ prope~ bo aequlrod with a writlen _ment of, ODd 8IIIDDI8f7 of the Iuia for, the amount It .tablia u juat ~tiœ. Where the property IDYoIYad 10 ........ -.spied ftlidential pro¡>aty ODd OODt&ÎDI DO more IIw> fOtll' naidentiallUlila, the bomaowner ahaIJ, apon requeot, bo Ieo aJIowad to rnlew a <øpf of the appniaaI apon whicb the offer 10 buad. Where ...:fP""P-riale. the oat compenaation for the ruI property acquirad ODd for damacoa to remaInInc property ahaIJ bo aopantel¡ llawd. Notwithatandin ..bdiviaion a. blic...' ma make an offer to the - or 0'1l'I>O'" of to .. Ulrf rea or , aD amoWlt w e it leV" to I1Jlcom n,"tJOn t!< re or I. e rea ro .. ° e or 1& e owner at a I II n e 'I' 8Ot8r1ab . .. ---....-bt'-.-bt'-'" 263 //-36 --:F-:.:?6,---- -----~----------~-_...._-- ----.---"------- . --. --..-------.----- u-- ------ ._------------------_u~-_. -- u ..-- âtled"'~ I'rvpc'\,. 'b:. ~ ":w. ...- ... v' ,:;-, """"-tio. cooduct 10 , _do. ... _nobl, aod 10.. " ... aod "*-.t of IO'OpOtt1, dl 7267.7. .ta¡alaltlon 01 enu... pn ....pert1 !!J II the acquiaiâon 01 only a porti HJ.iorlcaJ and StaIaIor¡ Noleo 0 eondiâon.. to eonatitu.. ar 1M: A.ondmo.L SUboeluted tho ~, at tho place of "I.. wbkh ,ud, H'Operty ¡, ocquJrod" ::.. d,. ""tin property if the own boaUmillr of tho rnl H."." ~ "tho pub/., "'baI/ bo ~" for "will bo cIia"prdod" io ",hOl, rul Þro~rtr ia 'oely ,haJJ" for "Befo.. tho ioitiatio. of norotia",.. fourth H.te..., (1» A ~":' I II mlono. 0 hI> ~:.d~!.::,:~;;r."¡o~,~/;~:,rO;{~.~J ~k~~/~~~ 11&1 A.o_,.L Wor<od ", old,.. ,!:"o....r 0;;0.':: e ro n rt~. an art ""0 "offer" iooor<od "... tho owner or 0""", of -rd", GOt bo Ioeated ...th -noble diqe... In tho r..... 0 Ie entlt e"nome e noc iooor<od tho HCond Hnte..., ,uNtituted "tho" lor Hote..., de<! by Stoto 1989 .. 828, f 11.) "'och" bofo.. "pro...rt)'" io tho third H.te..., and en " ,ubotiluled "lor ...hich tho ,,",POrt)' ¡, ocquired" io HIott 1m lArIoIado. bdi . , Crou Reloreae.. Tho 11119 IOIO.dmoOI .~tho '~ocq":; '.. deleted "and ...y 1ft1" £xpo- of Utir""., court ... CO..;doc offer made Raolu",. of """'IIy, decIua"'n ... ,tate that offer ~ .;,.¡ added ,obe!, (b/..l&tizIr ... naooo ° pun.... ... th~ """'n. "" Cod. of e".;! Procodu.. onder W. I«tion hu booo made, - Code of Civ>1 ' , 1250,'10, Procodu.. 1245230 or HaurdOUl ,ubo...... 00 proporty ... bo acquired by , , 7267.8. Raleo and """latIoOl P' ocboo/ cliatrieU. offer ... PUld>u', "" Cod. of Civil hall adopt ruJ Procod.... I 1263.76Q, (a) AIl public entitiel I ... t!Ua : ..locaâon ...iataaee under . with the . . : .~I.. and ...""lotio.. La... Revle... Coaunentari.. Development.. . dine . . . aubdiviaio I'reeoDde....<ion Activitieo-{:ballen,;.r need 10 Co!- (1» Notwíthston I âo ...iatanc, lIonúa. S...da (, Rnoo, commen~ 31 San.. CM tadty ohaJl malted.'" r;: n l./Wv. 1'7 (1m, required UDder f fa "'. 895 <Amended by Stata.1980, .. 1182. p. Noleo or Decúlonl 1._1 UeUIy'a ~ in.....t" in Ita Public UtiJil7 Con> - ol ...-.. I ""........ I lIIioaion conII'ltd ....... ... ... ""'¡ Ir'DportJ" int.. - .....-. ol"", I .~ .. ilia. dt)o could ocq.... in-.. ....,. If II 11m ~ - ol ~t nIocatIoo... -.Ie off.. ... IItiIity &ad P'O<'i<Iod oti!itJ' witIt -.. - --t ..,......,. wto¡o off.. ... juo~ CIty of s... For ,."... of paCt of - LI.- "- ,. G...t Cab w- Co. (App. 1 Diot.II87) m ....... of - .. IO'OpOtt1 CaI.~. 84$, 112 C-Ud 1005. n.¡, - .tablioheo "maodalor¡" nqlÛrlma.. L --, at..... I "IK7.t. Noa,Ioftt, opedaI - ...... wbicll moat bo oboemd b, &OJ' public cd., ~ to Ioitiate -01 domain ~ tluvuch ruoJu- Otfcr tar ~ .. .. ..b. h,. CI8iaoat ........ (a) Prior to- the laldatioo of ...¡oti&t lion of -'II'. CIty of San 1- ,. G...t Cab - .. -....w h,. -.. """"'t of""" ror Ipecia1 - property, u defin "-a... Co. /A¡I i. 1 DioUI87 m CaUIptr. 84$, It2 1M -ot .tab1iohccl . juot -.. PoopIo -= public ..tity or public udUt¡ C-Ud 1005. a "1 Dcpt. .r Tn.up. ,. ColI (App, I DioUIt2 ' ocq which 10 oilier than noap~t, .. """""" ~~IO, 7 Cal.A¡.p.ctlll28l, ~ ..... ~ propm;.. aequired. by public on lor ~ .:'.::J"by~~=:'= ....., - walrod &01 obJoctioo .. --.. :" COIIItnIctioa, -",II, or im~ doonaiD ...... .. adeq...,. of -.. -..... ..... (h) 11úa NCtioø cIoea DOt apply 10 actí ... in.... -lad "taICnc- of ~,"lor - - of ...... of off.. 10< ... ~ b¡o IaIIfor .. = aequlrt rul property or ""In~ oti!itJ' - cnetJed to aD _<ion &ad -fl.. ~ ~~..:- ~ Nt -:::. ~ or tIood eontl'D 8pproprio"lIIIdor 10.. of.......,t domain. CIty of s... ~~ ~='orr:.lr11etion of ulat 1- ,. Great Cab W..... Co, (App. 1 DioUI87) 1117 TnaoP. ,. ColI (App, 1 DioUØ2¡ , CaL~.2d 710, 7 ......r'a p.....ot or propooed _. Ca/.Iptr. 84$, 112 C-Ud 1006. CaLAPJI"tIIl28l. nMorior dcniod. ........ dcoóod. (Added by Sto18.1992, .. 7 (S.B~1), f 6. AddIUono .. CIII8ntM IndIo8t8d ., ~ II8IetIone ., --... . .. --..--..- 264 )/ '-37 ~-7-----_. -'- -~o~"--:~ -~-- -- -- --------------- G("'"€RNMENT CODE § 7267.9 1 1>01.6. CoodcIMalloo proceecltnrw; _tulloo by public antlt1laatead of by ,"",u No... of Dec1alo... L la.....,.J _pc...lIon of 821,000 .. ,... nf paulble ........nt ~";;.7t- -:. ~~ ~c~= of at lout 860,000 and ... nfuaaI .. _r "'C"""" 4amaca "'" both _Ie, and dt7" - ..".: dtT' pI'OCOIIdc_tioa ...duet .. thrca"nin¡ ....titotod bftach of .....to!)' dut1 aodcr dIfa _D. coodc-tion .... ....uoa&hl. and ....rfcred,..¡th Cit¡I 01 .... Ao¡tlco t, TiIcm (1183) III c.lRpa. 129, .....r', ... ..d cnjormcnt 01 p.vpcrty, eitT' off.. 01 I~ C..ucl Ø4. . 11167.7. AcquloltlOD of antlrt propcrtr, 8YoWance at --. ftI8IWIt; ...natIoD of propc...,. !!! If the acquiaitiOD or only a portion of a propertJ would \ea.e the remaInIDr portion In luch a wpe or condition.. to constitute an WItCOoomic rellUWlt, the public eDtit)' aball olter to . . . acquire the entire propertJ if the oWDtr 10 c\eairea. A roon wbosc real ro is bein uired in aceordaDee with this cha ter roo after the non a. cnu'mono 0 .. or ern t to rece,ve u>t eom n.abon or e ro onate e ro m' aD" rt ereo an mtere.t ere.. or an com ..abon II ere or too pu ,< entItY eteno..e v e oenon- (Amended by Stats_1989, c- 828, I 11.) Histortcal and Statutory Not.. IMI LcrtoIaUon ",. 1989 smead...nt added th. ,ubd;v;.io. dcaipa. IÍOIII, deleted "a.d ...y" p""' in¡ "acquire" in sub<!. a~ and addtd sub<!. (hI "latin¡ to donation 01 propcrty. f 1167,8, Rules and rc¡uIallons of public eollll..; priority of redccalla... (0) AU publie entities ahall adopt rul.. and re¡ulations to implC"'Dt paymcnta and to admioiater r<' .tion ..aista.« under' . . this chapter. The.e rul.. and re¡Ulations ahaU be in accon!&nee , .he'" rulea and regulations adopted Þÿïhe Department of HoUline and Commwuty Development' . . . (b) NotWitbstandine . . . aubdivision (I), witb respect to a fede"lly funded project, a public . entity sball make relocation ...;stan« paymenta and provide relocation adviaory ..aiatanee .. nquircd under rede"llow. (Amended by Sta".1980, c. 1182, p. :!SS9, I 1; 5ta...1989, c. 828, f 12,) No... of Declalo... -'n or """"".t I acquired by Sta.. by __lion. 11M deportment of - ,.ne..1 ..rrioca did DOt ab... ita - in adoplinr "¡ulatio. prommc that "DlDU .. ........ wouJd be I. _loft or ",""....t oolloctivcly ..âtIcd, as a "family" .. oaJy - par-ot For purpoMO 01 payment of "location benefiu CO 01 relocation benenu. AJbriabt t. Su.. (1880) 161 --- of ....... .. - -It)' wbieb bad beeD CaLRpa. 111, 101 c...ud 1(. f 7H7.1, Noaproftt, opecIaI - propcrtr, _uIaItIon~..... (0) Prior to the initiation of ae¡otlatioaa for ao¡uiaition by a public eDtit1 or public utility of _fit, apecial .... property, .. defmed by SactioD 1235.155 of the Code of CivIJ PrococIure, the aoqairin¡ public entity or public utility .ball malt. nery """"'¡'Ie effort to - _tift :;y;: which ÏI other than nonprofit, apedaJ use property, Howner, thÏlraquiremtDt abaJJ DOt I Ip to propertiei acquired by public .ntiâu for lr8lllportation pwpoatI, Includit>c. but DOt limited ... the coaalnlctioa, apuaiotI, or iIa lfOftlDtnt of -II, hi¡bWlya, or nIIwaya. (b) ThiI aectioa doea not apply to actioaa or p.-.d!n¡I ..mmeDOtd by . public eDtit)' or public 1ttiIity to acquire rea] property or anylnterclt In rea1 ~rty for the use of WIler, _or, ~, telephone, Datura! po, or flood control fadlitiea or ' _f-way where thoae ao¡1IÏIItioIII aelther lOI uire removal or c\eatnlCtion Df ailtin¡ imp_la, - fttIder the property IItIfit for the . -'s _ent or propoacd Ute. CMded by 5ta".I992, c. 7 (Sj ~I~ f 8.) AtId~ or -... tndIc8t8d by .......... ........ by 88I8fIob . .. 265 II - 31 *-~-')ç/ . "-"--- -----.------- -----------,----- ------ . ' .~;~~:~-§;..¡-'?~~~g-.. .-. '. - .¡,C~~~;"~' ~ 0, ,;~:~:" \f:' ,._-'-~;. § 7267.9 GOVERNMENT COD! GOVERNMENT CODE IIWoric:aI and -<7 N- CHAPTER IU. USE 0 It" LorioIa1Ioo "The -... made by tNoo oct lha l apply .. ....... F A Fe - 7 ot S..td~ c. 7 (S.B.82I~ pr-cmdea: = "t'"I~~ proooodmp - DO .. aile SectIon 1m.1. Te::~~ baaed interpretation ae: t 7218. JIepoeIed by 8tato.lt80. c. 1182. .. 1159. f J :z99.5. E.emptions from lurvey' &lid ~po t 71&9. Slat... 0(,.,-mea18; bocome Iu .... ,..hUe --..ce nil. Lec\aIatI.e latent {!} No payment receiYed by &IIY penon onder thia ehapter OT .. tenant relocation auis- La lie p;,uired by any ltate Itltute or local ordinanee IhaIJ I>e colllidered .. IDCOme (or the purpoaes of'¡'¡ 11' enonaJ Incom, Tox Low, Put 10 (commeDO1llI with Section noot) o( Dfriaion 2 01 the Re.enue"'¡ ,:..~ Eo"";f- Paul Pou.r (April 1880) : Tuation Code, or the Bank &lid Corporation Tox Low. Part 11 (commencin¡ with Section 23001) 01 ..,.... Division 2 o( the Revenue and Taxation Code. No tot reeeived b an non ';"¡er thia eha ter lhall I>e conaidered .. incom«< IIJIU. Telephone bued laterpretatlo. rea<>ureea to any reClI"eot 0 pu c UI..tanee an lue paymeo.. I 11 not I>e deducted from tilt uIatIn¡ fundi amount o( oid to which the recipient would otherwise I>e entitled under LOY other provilioOi 01... State a¡encies may, utilWnleJástinl fund (Amended by StltI.1988, c. 1490, fl.) odditioo to employful bilin¡uaJ penoOi in p No... o( Declalo... <Added by 5t1ts.I991. c, 376 (A.B.483J. I I.) I. S."I<m<.t&I --rl"t_... .....,l.de indus"" of ,",eb PO11MDto in coJeul&tm¡.... I ntU. State are.<i... Ou" . Califo",ia ,...... requirioz that ..Iocatioo ....!&nee porâoo of ,.ppl<meot&l eeeurity inco... po".... . e,-o; repono po)'D><." DO' be ....;derod .. incom. or ....1Il<eI of lI"",y.. BoO'... c..u (Cal) I'". 786 F2d tII Eoch Itlte acener IhaJl eonduet a aurv .., recip;.o. W..,', .\Ju ,CaI.Gov,Code I 7269. cüd DO' aD of the lollowinl: ey ( Ia) The number 01 public eootlet pooitio I 7%76. Qu..I.pubUc <nUty: eompllanee with ehapur, ..empUo... (b) -- ... ... number 01 bilingual employ... in . (a) I( a resolution ia adopted under Secâon 1245.330 o( the Code o( CiVIl Procedure eoooeotio¡" other tha.o Enllish. . the acquisition o( p"'perty by eminent domam and the penon authoriud by!!!! rea<>lution to ocqw. (e) The number and pe tI f ,,-- the p"'perty by eminent domain acquires the p"'perty by pun:hase. eminent domain. or othe...... Jowo by native Wf1a-lereeo Ie 0 non....... that penon .hall p",vide relocation advilory ..sislanee and ,hall make any o( the payme.tI re< "",, . iõÞõ made by public entities punuont to the p",vilions o( thia ehapter in conformity with thio (d The number 01 LOticipated ncanciel in ehapur and the ¡uid,lin.. adopted by the Conuniuioo 01 Houoinr and Community Developmc: !!) Whether the Ule o( contracted tel h punvant to Secâon 7288. 1!I1ODS m pubhc eontlet POSlbons .. ae~:~ . . . !!! losJy other relevant infonn.;.tion requ.... !!!! This aectioo does not apply to public utilitiel which are lubject to the provilioOi 01 At1XIc! Eoch &¡eoey lhall calculate the .... (eommencínr with Sect;on 6001 o( Chapur 3 01 Part 1 o( Divilion I of the Publie Utilitiel Code or' >ftice by roun~ the pereeota¡e :Wed~' public entitie. whieh are aobject to. . . thia ehapter. !be all1Vey reaultl ahall I>e reponed on . (Amended by 5t1ta.1989. c. 828, I 13.) ,Iiftred to the board oot later than Jlarcl¡ i "-ded by 5tatl.l990 c. 478 (5.8.2466) t 4 f 7%77. ApplieaUon o( chapter, "offered lor oaJe." 4efIaed; ~ III writlJl¡ " (a) The oirement to ",vide relocation Ulistlnee LOd l>enefitl im b thia ehapter 1haII.. 11Ztt.s. Exem,tJo... fro. ",,"ey ...d repo apply to ape 0 p"'perty w . 0 e or y owner, p"'perty l>ein¡ ooId. !be State Penonnel BoanI may ..empt otl. es:ecution or loreclooure 1&Ie, or property boin¡- IOId punvant to court order or 1&Dder - .... !be State Peraoaøel BoanI cletermineo t Inperviaion If the property In any of the loreroinr sItoatio... II either oecupIed by the ...... or J 18 11Ie -pied. &lid If the oller lor l&Ie '" not indueed by public .ntity diopoaltion, planned eondrm» ac-nq- "- not fw-niah information tion, OT ncIev.lopment 01 Iwrounclin¡ landa, and If the aaIe8 price '" fair awitet nlue or ~, or '! 11Ie s¡ency hu conaiotently received Iud cIet.tnnIned by I qualified IPJ>I"IIaer. and If no federal faDdo ... Inoolftcl In the a<q1tÎIiÔ& /IWic that it hu not been required to employ' CIODItnction, or project cIe.afòi>ment. "Offered lOT oaJe" ....... either ad.ertioed lor Ilk ill '" arder . pøblication of ¡eneraJ oIreuIation pubUahed at lout once .- ....k or 1iI~ with a Jioenaed not- ..... for : race",.. &II es:emp~n, each atate broker and publiahed In I multiple i/otin&'. pan...t to Section 108'7 of the Chi! Code. ~.... than ~ptioo and ~Ive approval ú . . .., .. -- conaeculive Ye&rl. (b) At the timt of makInr an o!fer to acquire property ander aabdi-rioIoa (&), pabIie - .w...I by Stata.lt91 c. J46 IA.U53) t 1) DOtify the property owner In writinc. of the lollowinc-' " . (1) The public 8Dtity'1 plana for drreIopinr the property to ba acqlÚr8d or tM""""- '-'" ---.t.......,.., report 10 Lepb property,. . 1!00 NIuIta of the . (Z) Ju:.y raJocation. -- and henefita prøricIed panuant to Itate law wIúdt tM JII"P"". .. Scote Pwnœnel B::.i~ ":'I~ ~'::t owner lOIy be 10'10l1li. Iaondod by Scata 1990 (Added by Statl.1984. c. 146, t 1. Amended by Statl.ltS(. c. 1828, t I.) :lit). . c. 478 (S~.2466), t 6; -- Of ....... - by "'-18; --- by ~ . . . AddItJona Of dI8nøee - by ~ ~ If ~ _5 9 ~~'31------ ._.. - --. - _. - --..-----~--""-----..~,--.._- - -...-- Thís !age íntenüonaI1y left blank. II ~- ÿl) r-~~'- -------~------------------------------- -- ---- - ------------------------ ----- _/_-"~-- THE crn' OF CHULA. HSTA PAR7Y DISCWSUM S1:4.7"EMENT ;latement of discJosure of certain ownership interests, payments, or campaign contributions, on all matters ,'hich wiIl require discretionary action on the part of the City Council, Planning Commission, and all other , 'icia! bodies. The foIlowing information must be discJosed: Ust the names of all persons having a financial interest in the contract, i.e., contractor, subcontractor, material supplier. R. RYALS INC. DBA RYALS & ASSOCIATES If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. RICHARD A. RYALS PRESIDENT If any person identified pursuant to (1) above is non-profit organization or a trust, list the names of any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust. NIA - Have you had more than $250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past tvoelve months? Yes- No.JL If yes, please indicate person(s): Please identify each and e\'ery person. including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. JERRV COT BIJRN ROLLIN LOJESKE Have you and/or your officers or agents. in the aggregate, contributed more than $],000 to a Councilmember in the current or preceding election period? Yes - No L- If yes, statt: which Counci!member(s): :.Œill! is defined as: "All.\' indil'idllal, firm, co'partnnship, 1'oilll"Cnll/fC, associ(/(ion, social CllIh, fralCmal orgalliz(/(iall, corpol'tl/ioll, """, ntiS/, rccciI'cr, S)1tdicatc, this and allY oIlier COIIIIO', ciO' alld collnf1)~ ci' JUllicipalio; distriCt or oIlIer political slIhdi"ÙiuII, allY other grollp or combination ac/;,'g as a 1111;/." :OTE: Attach addilional p:lges as ncccss~ry) ale: /i;~{/.4'Í'¡ Z{ ICY'?4- RICHARD A RYALS PRESIDENT 1/ ~<f / Print or type name of contractor/applicant ;, :_\ DISCLOSLT'\T] I{n",-d II """'1 ----i2-~/ / / --- - ---~-------------- - ---- - ------- - --- __m______----------------- ----.- This ,age íntentíonal1y lift blmtk. 1/ - <.(1/ ~----// J----' ~m."~.~.,--.~ ".... ,,'.._-'--"".'~ ,."""""'.',, . """.~... ..,.~...,~..-..._- RESOLUTION NO.~~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) WHEREAS, several capital improvement projects are currently budgeted which will require additional right-of-way for construction; and, WHEREAS, to expedite the acquisition .process, staff proposes to contract for property acquisition services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional services and recommends that the City/Agency approve an agreement with Ryals & Associates to provide these services through March 15, 1995, which also includes a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the City Council of the city of Chula vista does hereby approve an Agreement with Ryals & Associates for property acquisition services in connection with various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the city Clerk as Document No.----- (to be completed by the city Clerk in the final document). BE IT FURTHER RESOLVED that the City Manager or his designee is hereby authorized to sign the acquisition agreement(s) and make payments for'right-of-way needed for projects approved in the City's current CIP Budget, where the cost of each right-of-way is less than $25,000 for construction of budgeted proji: s. PresentM ~ ;~~to o~~ " d City 'Bruce M. Attorney c: Irslryals.cc 1/- t¡3 ¿-'::--;'¡-;¡,-_. ~ --- om_. ~..._---. n__.___~"._~ Thli ¡age ínttntíonaIly left blank. // ~ f/~ ¥. /I.d- -----------------------u - - --------------------.--------- If !I)-qt¡ R f\. D/¡r-, ! ( It lj RESOLUTION NO.~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES IN CONNECTION WITH VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE EXECUTIVE DIRECTOR OR HIS DESIGNEE TO SIGN THE ACQUISITION AGREEMENT(S) WHEREAS, several capital improvement projects are currently budgeted which will require additional right-of-way for construction; and, WHEREAS, to expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional services and recommends that the City/Agency approve an agreement with Ryals & Associates to provide these services through March 15, 1995, which also includes a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve an Agreement with Ryals & Associates for property acquisition services in connection with various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the City Clerk as Document No.---- (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the Executive Director or his designee is hereby authorized to sign the acquisition agreement(s) and make payments for right-of-way needed for projects approved in the City's current crp Budget, where the cnst nf eaChight-nf-way is less than $25,000 for construction of bu eted pro) cts. prese"ted; ~ - . tPp oved s to fOT Jo n P. Liwitt, irect= of {~ce M. Booq ar , ~~~ P lie Works Attorney C:le.ley.h.e. //~ 1¡-5 P~L{ ..---------------U_--~---u_--- - ---u--- -----------_..- -- _um_..___u_--- - Thís yage ínttntíonaIly lift blank. 11- {fh 8->--417> URGENCY ITEM REDEVELOPMENT AGENCY AGENDA STATEMENT Item - Meeting Date 04/05/94 ITEM TITLE: RESOLUTION 1399 Authorizing the Use of Remaining Funds in CIP RD#217 for the Construction of a Ramp from the Southerly Terminus of Brandywine Avenue to the Proposed Brandywine Park Site SUBMITTED BY: Community Development Dir~ctor C ~. /<;1' REVIEWED BY: Executive Director,J'll'~()L; J (4/5ths Vote: Yes - No...x..) Council Referral Number: N/A BACKGROUND: One of the conditions of approval of the Auto Park was the provision of a site for a neighborhood park which is designated in the City's General Plan in the vicinity of the Auto Park site. The actual park site will be located just south of the slope bordering the Auto Park on Agency-owned property which is being used, in part, for mitigation for Phase 1 atay Valley Road Improvements Project. Parking for the proposed park will be provided at the terminus of Brandywine Avenue. In order to access the park site from Brandywine Avenue, a ramp must be provided traversing the slope. The ramp will also provide access for maintenance vehicles. Although the park site will not be improved for several years, it is advisable to install the ramp at this time before the slope is landscaped. The Agency is requested to authorize use of funds remaining in RD#217 (Auto Park Site Purchase Account) for this purpose and to direct the City Manager to authorize Granite Construction Company to complete this work. RECOMMENDATION: That the Agency adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City's General Plan calls for a neighborhood park to be developed in the vicinity of the Auto Park site. The Environmental Impact Report (ErR) for the Auto Park states a park site would be accommodated in conjunction with development of the Auto Park. A site for the park was chosen south of the Auto Park site on property acquired by the Agency through a subdivision map adjustment for the Auto Park site acquisition. The park site comprises 1.3 acres, but may be increased by future acquisitions for the atay Valley Regional Park. A park site south of atay Valley Road is poorly located to serve strictly as a neighborhood park. However, it is uniquely situated to serve as an access point to the Regional Park and as a trail head for proposed hiking and equestrian trails. While development of the park site is several years off, the Agency has the opportunity to provide the access ramp at this time from the terminus of Brandywine Avenue where public parking spaces will be provided this Spring as part of the Auto Park improvements. It is also advisable to construct the ramp now for the following reasons: Page 2, Item - Meeting Date 04/05/94 1. The Shinoharas, former owners of the Auto Park site, are required to landscape and irrigate the slopes south of the auto dealerships. Agency staff is requiring that this work commence immediately for erosion control. The ramp must go in before the landscaping is installed since its construction will disrupt the slope. 2. Concrete debris from the Auto Park site grading was stockpiled at the base of the slope to be used as a base for the ramp. If this material is not used it may have to be broken up and removed to the landfill at additional expense, or buried on- site. 3. The Otay Valley Road subcontractor for grading of the mitigation parcel will complete his work this week. If the contractor proceeds to grade the ramp now, with his equipment still on-site, the Agency will save set up/move on expenses. The City Engineer concurs that the proposed price of $16,590 (lump sum bid) is very reasonable for the work to be performed. 4. Funds for this work are available in CIP RD#217 (Auto Park Site Acquisition) which should be closed out this fiscal year since the acquisition of the Auto Park site has been completed. There are currently $21,228 remaining in this account. It is recommended that the Agency authorize the use of remaining funds in RD#217 for installation of the ramp. The City Manager can authorize this work to proceed without competitive bidding under his authority to approve contracts under $25,000. Although it is recommended the Otay Valley Road grading subcontractor be used for this work, the ramp is not part of the Road Widening Project and the work is not proposed as a Change Order to the Otay Valley Road contract. The ramp is associated with the park which is required as part of the Auto Park project. As such, it is a separate construction project. FISCAL IMPACT: Granite Construction Company has proposed to install the proposed access ramp for the lump sum amount of $16,590. It is proposed these funds be paid out of RD#217 which currently has $21,228 in remaining funds. All other work in this CIP has been completed. The proposed work is part of the Auto Park Site Acquisition since the provision of a park site is required as part of the Auto Park development. [C:IWP5t IAGENCY\RA4SIRAMP-t.RA4] \ L \ r-- , I ~ I; II .. II I, - II -t I /II II . '11 ,.. )0 --- Z m n- : ----u_n- ~ .. --- -: .. .. . 3: oC ~ .. -10 0 ~-I ø:» ë; :»-< -I ~< ':II '" 0:» 0 n zr ~ r ¡ a ,." ¡ -< : '" (/)0 ~:» -10 ,." -\~ ' , " _h -c:» ~ ~I '" ø n 0,." -c z w 7< / L----- ,."e-> '" -< '" (/) I I -I n ::¡ -< 0 :>: ,." z ,." 0 I I -! I"',\, I D Chula Vla'a AUTO CENTER o'v- r!Ii!,! Z " ASSOCIATES ,---¡ I !mil ~ A.P.M. ....0.0." ;I:!,I "'A. va""'."'D ~..E'=<;::"':'::' RESOLUTION 1399 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE USE OF REMAINING FUNDS IN CIP RD#217 FOR THE CONSTRUCTION OF A RAMP FROM THE SOUTHERLY TERMINUS OF BRANDYWINE AVENUE TO THE PROPOSED BRANDYWINE PARK SITE WHEREAS, on September 7, 1993 the Redevelopment Agency recertified Environmental Impact Report 91-01 (EIR 91-01) and approved the development of an Auto Park at 540-580 atay Valley Road; and WHEREAS, EIR 91-01 required provisions be made for a neighborhood park site as designated in the City's General Plan; and WHEREAS, a site for the proposed park has been located south of the Auto Park site which requires the construction of a ramp traversing a slope to provide access; and WHEREAS, the Redevelopment Agency has received a favorable lump sum bid of $16,590 to construct the ramp from Granite Construction Company, currently working adjacent to the proposed ramp location site; and WHEREAS, adequate funds for the ramp construction are available in CIP RD#2l7, Auto Park Site Acquisition; and WHEREAS, the proposed ramp has been determined to be categorically exempt from further environmental investigations under Section 15301 of the California Environmental Quality Act. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, detennine and resolve as follows: 1. The Agency approves the use of funds remaining in CIP RD#217 (Auto Park) account for the construction of the proposed access ramp and approves the City Manager's decision to issue the Ramp Project contract to Granite Construction Company and waiver of the informal bidding process in connection therewith. PRESENTED BY: -~~ ~ Chris Salomone, Executive Secretary and Community Development Director [C:IWP51IAGENCYIRESOSIRAMP-1.RES¡ -,-,.