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Home My WebLink AboutRDA Packet 1994/03/15 Tuesday, March 15, 1994 6:00 p.m. [Immediately followiog City Council meeting.] Council Chambers Public Services Building :.................................................................................................................................................................................................................................': COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The City of Chu/a Vista, in complying with the Americans with Disabilities Act (ADA), request individuals 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. ................................................................................................................................................................................................................................... CALL TO ORDER Members/Council Members Horton _. Fox _. Moore _' Rindone _. and Chairman/Mayor Nader _ 1. ROLL CALL: 2. APPROVAL OF MINUTES: March 1. 1994 CONSENT CALENDAR (Items 3 through 5) The stqff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency Member. a member of the public or City staff requests that the item be pulledfordiscussion. lfyou wish to speak on one of these items. please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pinkform 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 items of business. 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 Commuuity 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 staffing 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 Vole Required] AGENDA 5.A COUNCIL RESOLUTION 17411 B. AGENCY RESOLUTION 1391 -2- MARCH 15, 1994 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 7110/94. Elite Racing is requesting funding from the City in the amount of $15,000 and statfrecommends 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) APPROVING AGENCY SUPPORT FOR A BICYCLING EVENT ON JULY 10, 1994, AND APPROPRIATING $12,000 IN FY 93/94 FROM REDEVELOPMENT AGENCY FUNDS TO OFFSET OPERATIONAL EVENT COSTS (J.i$''lmY**R~. .!ll ...................................-.--.......... * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS Thefollowing items have been advertised and/or posted as public hearings as required by law. lfyou wish to speak to any item. please fill out the "Request to Speak Form" and submit it to the Secretary 10 the Redevelopment Agency or City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited 10 five minutes per individual. None Submitted. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject TnLltter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Agency from deliberating or taking action on any issues not included on the posted agenda.) lfyou wish to address the Agency on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by Ihe Agency, stqff, or members of the general public. The ilems will be considered individually by the Agency and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak Form" and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Public comments are limited to five minutes. 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 Dispositionand Development Agreement (DDA) for the development of an approximately 190,000 square foot AGENDA 7.A COUNCIL RESOLUTION 17412 B.AGENCY RESOLUTION 1393 8.A COUNCIL RESOLUTION 17413 B. AGENCY RESOLUTION 1394 -3- MARCH 15, 1994 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. (Commuuity Development Director) 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) APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS 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 IllS 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 Pnblic Works) 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 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 items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency members. Public comments are limited to five minutes per individual. AGENDA -4. MARCH 15, 1994 OTHER BUSINESS 9. DIRECTOR/CITY MANAGER'S REPORT Schedule of Meetings. 10. CHAIRMAN/MAYOR'S REPORT 11. MEMBERS/COUNCIL MEMBERS' COMMENTS * * * * * * * The meeting adjourned at: p.m. to the Regular Meeting of the Redevelopment Agency on Tuesday, April 5, 1994 at 4:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. [C:\ WP51 \AGENCY\AGENDAS\03- t 5-94.AGD) MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, March I, 1994 6:23 p.m. City Council Chambers Public Services 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 February 15, 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 THE OWNER PARTICIPATION AGREEMENT WITH LAWRENCE M. AND STEPHEN P. CUSHMAN, DATED OCTOBER 17,1991, 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 OPA 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 OPA to 10/17/95. Staff'recommends approval of the resolution. (Community Development Director) * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS None Submitted. ORAL COMMUNICATIONS None Minutes March 1, 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 (Nader/Fox) 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. Chairman 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 Redevdopmeot Agency on Tuesday, March 15, 1994 at 6:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. Respectfully submitted, ~VERLY ~ A(HELET' CMC, City Clerk by: "-C \ 7~~"-'\C '-' ,::\ Vicki C. Soderquist, Deputy I lerk AGENCY AGENDA STATEMENT Item 4- Meeting Date 03/15/94 ITEM TITLE: RESOLUTION /3 q () ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR FY 1993-94 AND APPROPRIATING FUNDS THEREFOR SUBMITTED BY: Community Development Director cS, REVIEWED BY: City Manager q (, (4/5ths Vote: Yes ~ No_) BACKGROUND: The FY 1993-94 Redevelopment Agency Budget was reviewed as part of the City budget approval process. In fact, the Community Development Department's budget, which encompasses the City's redevelopment activities, has been approved as part of the regular City budget approval process. Since the Redevelopment Agency is a separate legal entity, however, it is necessary to also approve the budget separately as a Redevelopment Agency item which allocates the already approved Community Development Department and Capital Improvement Program budgets to each project area 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 the State budget resolutions, and to complete the evaluation of the staffing needs for the Economic Development function in the Community Development Department as directed by the City Council during and subsequent to the budget review process. Attached as Exhibit A are the budget sheets for the operations and capital projects budget reviewed during the City's budget process. This report outlines the appropriations necessary for current year Agency operations as well as the portions of the City's Capital Improvement Program that require new funds from the Redevelopment Agency. This budget also includes an addition of $267,222 over the amount reviewed previously by the City Council. RECOMMENDATION: That the Agency adopt the Resolution which formally adopts the Redevelopment Agency budget for FY 1993-94. BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The FY 1993-94 Redevelopment Agency operating budget total is $4,240,595. There are four additional items that were not previously considered by the Council: 1) a $12,500 addition to the Town Centre I budget for Downtown promotional activities, 2) $15,207 for payment of legal fees owed as part of the Rancho del Rey Power Center project, 3) $6,700 for office equipment and related supplies for the proposed Administrative Secretary for the Economic Development Department, and 4) an additional $232,815 to fund the payment to the Educational Revenue Augmentation Fund (ERA) as required under the FY 1993-94 State Budget resolutions. The ERA contribution is to be distributed as follows: 1- - / Page 2, Item ~ Meeting Date 03/15/94 Bayfront/Town Centre] Otay Valley Road Town Centre II $174,818.63 33,651.79 24.344.68 TOTAL $232,815.00 The $12,500 addition to the Town Centre I appropriation was an inadvertent data entry error. Staff had intended to include this amount in the budget for the purpose of supporting the Downtown Business Association (DBA) in their promotional efforts. The Rancho del Rey legal fees are owed for the Price Club Validation Agreement and the Price Club Implementation Agreement which the City was responsible for paying but was not contemplated in the existing budget. Economic Development Staffin~: As mentioned above, this formal Agency budget adoption was delayed pending the analysis of Economic Development staffing requested by the Council. That analysis has been completed. That recommendation is to add one Administrative Secretary position to the Community Development Department to be assigned to the Economic Development function. Included with the recommendation are appropriation recommendations for equipment and supplies for the recommended position for the balance of FY 1994 and a recommendation regarding space needs in the department. Staffing costs for the recommended position for the balance of FY 1994 could be accommodated from existing salary savings from under-filled positions. Attached as Exhibit B is the Economic Development Staffing Report. This operations portion of the budget reflects an increase of $226,649 from last year's operating budget appropriation. The increase is because the ERAF contribution has been included in the budget this year, whereas last year, an alternative source of funds was utilized. The Agency's contribution to the City's Capital Improvement Program of $280,000 reflects a decrease of $674,753 from the FY 1992-93 budget appropriation, and the Agency's Debt Service of $4,385,430 reflects a decrease of $199,470 from the prior year. The Debt Service decrease is primarily due to the Agency not having to reimburse Rohr for development and permit fees this year under the negotiated agreement. 1~;l Page 3, Item f Meeting Date 03/15/94 The following table delineates the Agency's budget, and compares it with last year's budget: OPERATIONS FY 92-93 FY 93-94 FUND PROGRAM ACTIVITY BUDGETED PROPOSED 981 RDA Housing Program (CHIP) 9810 $ 300,000 $ 300,000 985 Southwest Project Area 9850 448,790 370,031 990 Bayfront/Town Centre I 9901 593,276 686,073 9907 1,403,640 1,518,347 991 Redevelopment Fine Arts 9910 8,000 8,000 992 Town Centre II 9920 257,330 314,648 993 Low/Moderate Income Housing 9930 606,210 605,480 Orange Tree Mobilehome Park 9931 15,720 16,490 994 Otay Valley Road 9940 380,980 421.526 TOTAL $4,013,946 $4,240,595 CAPITAL PROJECTS FY 92-93 FY 93-94 FUND PROJECT ACTMTY BUDGETED PROPOSED 995 Geographic Information 9950 $ 32,270 $ 10,000 System 996 Geographic Information 9960 5,000 5,000 System Anto Park 912.493 917,483 997 Paint Pit 9970 5.000 265.000 TOTAL $ 954,753 $280,000 DEBT SERVICE/TRANSFER FY 92-93 FY 93-94 1986 Tax Allocation Bonds $3,164,950 $3,152,830 1987 Certificates of Participation (Parking Facility) 451,900 452,200 FUND 300 (TC II - Homart) 571,000 580,000 NIC (Bayfront Conservancy Trust) 182,050 200,400 Development Fees (ROHR Reimbursement) 215.000 -L TOTAL $4,584,900 $4,385,430 GRAND TOTAL $9,553.599 $8.906.025 '1--.1 Page 4, Item l' Meeting Date 03/15/94 AGENCY REVENUE The proposed budget of $8.9 million is substantially supported by estimated Agency revenues of $6.16 million. As was discussed during the adoption of the 1993-94 budget, there will be a deficit in the current year, now estimated at $2,748,460. The following table delineates the anticipated sources of revenue by each fund: FUND 985 990 991 992 993 994 ESTIMATED SOURCE AMOUNT Property Taxes $ 148.357 Investments/Leases 1. 000 $ 149,357 Property Taxes $ 3,221,350 Investments/~ses 270,570 Other 18.000 3,509,920 Investments/Fees $ 12.600 12,600 Property Taxes $ 605,181 Investments/Leases 14.501 619,682 Property Taxes 861,000 Investments/Leases 173,900 Other 12.000 1,046,900 Property Taxes 569,173 Investments/Leases 219.733 $ 788.906 TOTAL REDEVELOPMENT AGENCY REVENUE $ 6.157.565 The actual deficit, as determined through year-end closing procedures, will be booked as "loans" from the Sewer Fund to the Redevelopment Agency, and are to be repaid from future Agency revenues. The deficit is due to continuing economic conditions that restrain the Agency from selling property at its full value, as has been contemplated over the past several years in order to cover the Agency's deficit. Lf-tf Page 5, Item 4- Meeting Date 03/15/94 FISCAL IMPACT: Adoption of the resolution will appropriate funds for the FY 1993-94 Redevelopment Agency budget totalling $8,899,325 as follows: Operations Capital Projects Debt Service $ 4,240,595 280,000 $ 4.385.430 TOTAL $ 8,906,025 As indicated previously, a shortfall of $2.7 million is anticipated for the current year which will need to be supported by other funds. Although on paper it appears that Agency revenues do not support Agency expenditures, there are substantial revenues that flow to the City's General Fund as a result of Agency activities. Additionally, the Agency supports 85% of the Economic Development function which, in monetary terms, does not produce corresponding revenues that flow to the Agency. 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'" - - - '" EXHIBIT "B" ECONOMIC DEVELOPMENT STAFFING Background: Concerned that existing staffing levels might not be adequate to address the City's economic development agenda, the Council requested a study of economic development staffing. In response, the following analysis considers economic development staffing levels, Community Development Department staff assignments, recommendations to respond to workload concerns, and funding and space considerations. Staffing Levels: At the time the Council concern arose regarding economic development staffing, the staff configuration for that activity was as follows: Economic Development Manager Senior Community Development Specialist Administrative Secretary 1.00 .20 .50 Total 1.70 The current economic development staffing configuration is as follows: Economic Development Manager Community Development Specialist II Community Development Specialist I * Administrative Analyst II Secretary to the Redevelopment Agency 1.00 1.00 .70 .20 .40 Total 3.30 * It is expected that this position will be moved to redevelopment activities in the near term, as existing economic development staff become more proficient with increased experience, and if the Council/Agency approves the recommendation below. Community Development Staffing Assignments: The existing workload assignments for the entire Community Development Department have also been analyzed to determine if it would be practical to assign additional current employees to economic development. The attached Tasks Table (Attachment A) illustrates the current assignments in the Department. The Community Development Department is responsible for redevelopment, affordable housing, Community Development Block Grant, and economic development. There are eighteen employees in the department (14 professional, 4 clerical). Staffing assignments are flexible and individual positions work within more than one of those areas of responsibility; however, in general, four professionals work predominantly in all areas (Director, Assistant Director, Environmental Projects Coordinator, Administrative Analyst), four professionals work predominantly in redevelopment (Redevelopment Coordinator, two Principal Community Development Specialists, Community Development Specialist II), three professionals work predominantly in housing and Block Grant (Housing Coordinator, two Community Development Specialist I 's), and three professionals work predominantly work in economic development (Economic Development Manager, Community Development Specialist II, Community Development Specialist I). The four clerical positions distribute their time among all the areas of responsibility. 4- ~ /'j Given the very significant workload in all of the Department's areas of responsibility, the "lean" staffing levels, the high priority of so many of the work assignments, and the support required to be provided to a high level of boards, commissions, and committees (13--see Attachment B: Boards, Commissions, and Committees), there appears to be no practical opportunities to reassign existing staff to economic development on other than a temporary basis to respond to immediate pressures as they arise. Staffing Recommendation: It is very clear that the City's economic development effort would benefit from additional professional and clerical positions, and that it is currently staffed at a less-than-optimum level. It is also recognized that economic development is of critical importance to the health of the City. Any decisions about increased staffing, however, must be made in the current context of limited financial resources that are discussed in the budget agenda statement. With this in mind, staff has been very reluctant to recommend additional staff positions in economic development and has tried to concentrate on enhancing the existing effort in economic development. That effort has been enhanced since the Council first expressed concern about the ability to respond to economic development priorities. Approximately two net positions have been added to that effort, and these individuals have been "growing" into their roles and becoming increasingly productive. In the category of professional work, staff is optimistic that it is making progress in the ability to respond successfully to the current expectations of the Council regarding economic development activity. As a result, no new orofessional oositions are recommended at this time. Staff would intend to report back to the Council and the Agency at the mid-point of Fiscal Year 1995 with an assessment of the status of the ability to respond to economic development activity. Staff does recommend the addition of an Administrative Secretarv to the Communitv Develooment Deoartment. There is a clear need for additional clerical support to the professional staff that cannot be accommodated within existing staff levels. The four clerical positions in the department are overtaxed with the existing workload, and the result has been that the efficiency of the professional staff has been diminished due to their need to perform some functions more effectively performed by clerical staff. The new position is intended to be assigned to economic development activities and is requested at the Administrative Secretary level due to the nature of the proposed work. Economic development activities involve many high profile issues and contact with high-level positions in the public and private sectors. There is a need for facilitation and coordination of numerous, large meetings. Scheduling for the Economic Development Manager involves frequent and sensitive coordination with political and business leaders. The position would be responsible for supporting the meetings of the Economic Development Commission, the Workforce Development Team, and the High Tech/Bio Tech Zone Task Force. Taking and transcribing minutes is required. The Department does not currently have the capacity to adequately provide that level of clerical support to economic development. The Secretary to the Redevelopment Agency functions for the Agency as the City Clerk does for the Council, with the majority of his time taken up with the Redevelopment Agency agenda and record-keeping. He also provides secretarial support to two top managers. The Administrative Secretary acts as secretary to the Director and performs other secretarial duties. The remaining two clerical positions in the Department are at the Secretary and Administrative Office Assistant II levels. 4- -~ t3 Attachment C ("Secretarial Support -- with 'New Hire"') illustrates how the new position would fit within the existing structure. Work Space: The existing Community Development Department building does not have the capacity to accommodate an additional work station. In order to make room for the recommended position, it is recommended that the Department be provided the vacant space in the Legislative Offices on a temporary basis. That space consists of three rooms totalling approximately 800 square feet. Rather than move an entire work group to that space, which would tend to be detrimental to communication, it would be intended to move two or three of the professional staff who operate most independently. This would free up enough room in the main building to accommodate the new Administrative Secretary position and to relieve some of the space pressures that currently exist in Community Development. Capital costs would be minimal. If other demands were made on the Legislative Offices, or if some other actions occurred to enhance work space or expand the Civic Center complex, relocating those employees could be dealt with at that time. Funding: The annual cost of a full-time Administrative Secretary position is $28,750. No staff cost funds are included in this budget for the recommended position, because salary savings from vacant and underfilled positions exist that are sufficient to fund the position for the period of time that position would be filled in this fiscal year after the recruitment process (approximately one month). The following furniture and equipment is included in this budget for the position: · Secretarial Desk w /typing return · Secretarial Chair · Computer Workstation/Software · Desk Setup: Office Supplies; Phone; Transcriber; File Cabinet IDGlDISK3\ WP51 \A:\EDCEYSTF.RP'Il IC:\ WP51 \AGENCY\RA4S\ECDST AFF.A 'IT] tf-;?! This yage intentionally left blank. 1- - '/t?-- Attachment "A" COMMUNITY DEVELOPMENT STAFF ASSIGNMENTS Community Develooment Director . Overall Department/Projects Management . MidBayfront Development Agreement Negotiations Assistant Communitv DeveloDment Director . Assist with Department/Projects Management . Oversee Budget Process . Review Written Agenda Materials . Manage Palomar Trolley Center Project . Manage Bayscene Mobilehome Park Project . Time-Sensitive Special Projects RedeveloDment Coordinator . MidBayfront Development Agreement Negotiations . Auto Park and Auto Park Expansion Project Management . Otay Valley Road Widening and Assessment District . Homart Shopping Center Expansion Project . Scripps Hospital Expansion/Redevelopment . Town Centre II Redevelopment Project Area Management . Town Centre I/Bayfront Redevelopment Project Area Management . Otay Valley Road Redevelopment Project Area Management --Staff to Otay Valley Road Project Area Committee Economic DeveloDment Manaoer . Border Environmental Commerce Zone . High T ech/Bio Tech Zone . Economic Development Commission (Including Subcommittees) . Implementation of City Economic Development Plan . Coordination with Local, Regional, State, and National Economic Development Agencies and Programs Housino Coordinator . Housing Division Management . Manage Recreation/Fun Center Project . Manage Veterans Home Project . Oversee CDBG Administration . Oversee HOME Program . Review Affordable Housing Agreements . Staff Housing Advisory Committee . Staff Mobilehome Rent Review Commission . Manage Park Village Apartments Project . Manage Chula Vista Housing Authority . Oversee PaJomar At Risk Housing Project . Oversee 31 Fourth Avenue Homeless Project . Assist with Bayscene Mobilehome Park Project . Assist with Trolley Terrace Project . Prepare AB31 5 Report to HUD . FEMA Board Page 1 4- ;23 Attachment" A" Princioal Community Deyelooment Soecialist . Coordinate Town Centre I Project Area Staff Town Centre Project Area Committee . Coordinate/Administer Local Coastal Program/Coastal Zone . Project Manager Bayfront Redevelopment Project Area . Department CIP Budget: Prepare/Coordinate Princioal Community Develooment Soecialist . Project Manager: Southwest Redevelopment Project Area Staff Southwest Redevelopment Project Area Committee . Project Manager: National Avenue AssociateslWalMart Project . Project Manager: Southwest Economic Feasibility and land-Use Study . Project Manager/Staff Support: Moxham/South Bay Chevrolet Project . Project Manager: Adamo AcquisitionlTenant Relocation . Staff Support: Borst/Auto Center Expansion . Staff Support: Davies/Auto Center Expansion or Commercial Project . Staff Support: Economic Development Commission Streamlining (Recommendation #16) . Staff Support: Economic Development CRA Strategy . Project Manager/Staff Support: Miscellaneous Proiects Community Develooment Soecialist II . Staff Support: Town Centre I Project Area Process Special land Use Permits Process Business licenses Process Signs Applications Review development of private projects Staff Town Centre I Project Area Committee . Staff Support: Town Centre Project Area Committee . Implementation Neighborhood Revitalization Program . Production of Otay Watch Newsletter . Organize Otay Fair Community Develooment Soecialist II . Staff Support: Economic Development Commission . Feasibility analysis of new HUD Section 108 loan Guarantee Program . Feasibility analysis of creating a Business Assistance Revolving loan Fund/Micro loan Fund using Redevelopment, CDBG, and/or private funds . Evaluation of Industrial Development Bond administrative fees policy; development of fee structure . Development of financial assistance marketing materials . Development of Job Training-Related Programs . Staff support to Workforce Development Team . Pursuing Chula Vista representation on job training-related Boards and Commission, including San Diego Consortium and Private Industry Council . Developing standard employment services agreement for new Chula Vista employers and local job training agencies . Coordinating employment service agreements with employers, including K-Mart and Jerome's . Developing employment services assistance package and presentation for local business and business attraction . Coordinating Workforce Development Team's local education forum Page 2 1-- ~1 Attachment "A" Community Develooment Soecialist II (continued) . Staff Support: High Tech/Biotech Zone Research and development of Issue Paper outlining issues relating to such items as Facility Financing, Water, and Development Review Needs and Toxic Waste Impacts Researching Biotech and High Tech shared facility programs . Development of initial Business Retention Program (Phase 1) . Support for Marketing/Public Relations . Liaison to Chula Vista Chamber of Commerce Community Develooment Soecialist I . CDBG Administration . Housing Rehabilitation Administration . HUD Reports Annual Plan/Annual Performance Review Rental Rehabilitation Annual Report . Staff support to: Housing Advisory Committee CHIP Loan Committee CHRB Reinvestment Task Force Community Develooment Soecialist I . Economic Development Data Base Research and Maintenance . General Business Assistance to walk-ins, calls, referrals (Retention and Attraction): Site selection assistance Financial Assistance Technical assistance referrals Coordination with outside economic development agencies (e.g, SBDC/ITC, SBA, CACT, SDEDC, State Trade & Commerce, etc.) . Marketing/Business Outreach . Staff Support to BECZ (limited) . Special Projects, as Assigned: Assistance with development of Industrial Water Policy, including personal interviews of surveyed firms Community Develooment Soecialist . Bayscene Mobilehome Park Acquisition . South Bay Community Services (SBCS) Section 236 At-Risk Units Acquisition . Mobilehome Space Rent Arbitration . Manage Trolley Terrace Housing and Day Care Project . Staff Mobilehome Rent Review Commission . Monitor Orange Tree Mobilehome Park . Monitor Mobilehome Park Conversions . Assist with Affordable Housing Agreements Page 3 4~ Attachment n A" Environmental Proiects Manaaer . Prepare and File CEQA Notices, Exceptions, Initial Studies, and Negative Declarations as applicable for Department Activities Administer Contracts and Coordinate Environmental Consultants for Specialized Technical Studies Oversee EIR Preparation . . Administrative Analvst . Preparation of the Department's Annual Budget . Mortgage Credit Certificate (MCCI Program Administrator . Community Development Block Grant (CDBG) coordination . Process Departmental Financial Requests . Prepare Written: 0 Grantee Performance, 0 Single Audit, o Biennial, 0 MCC IRS, 0 Bond Issue, and 0 Annual Report to State reports Secretary to the RedeveloDment Aaencv . Support Redevelopment Agency . Coordinate Department's Council Agenda Process . Type Agency/Council staff reports, resolutions . Secretarial Support to Assistant Director, Redevelopment Coordinator, and Economic Development Manager . Assist with receiving clients/public, answering telephones . Assist other professional staff/support staff, as necessary . Collect documents from all departments, review and collate, prepare listings for Subpoena requests . Coordinate "special" Agency/Council/Management requests . Support to the MidBayfront Development Agreement Negotiation Team . Assist other professional staff/support staff, availability permitting Administrative Secretary . Secretarial Support to Director, Principal Community Development Specialist, Community Development Specialist II, Community Development Specialist, Environmental Projects Manager, and Administrative Analysts . Support Staff to Economic Development Commission and Subcommittees . Support Staff to Otay Valley Road Project Area Committee . Support Staff to Southwest Project Area Committee . Other Duties, As Required: Project Accounting, Day-to-day Office Management, assist with receiving clients/public, answering telephones, special mail-outs . Assist other professional staff/support staff, as necessary Secretary . Process Agency Resolutions and Maintain Subject and Numerical Files for Resolutions . Process Requisitions for Purchase Orders, Direct Payments and Partials; Maintain Files . Prepare and Mail Out Packets for Town Centre Project Area Committee and the Otay Committee . Provide Secretarial Support to Principal Community Development Specialist, 2 Community Development Specialist lis, and Administrative Analyst . Assist with receiving clients/public, answering telephones . Assist other professional staff/support staff, availability permitting Page 4 4-2-& Attachment" A" Administrative Office Assistant II . Prepare Departmental Payroll . Provide Secretarial Support to Housing Coordinator and 2 Community Development Specialists . Assist other professional staff/support staff, availability permitting . Receptionist: Primary telephone and receive/assist clients/public . Staff Support to: Housing Advisory Committee Mobilehome Rent Review Committee . Office Supplies (order and track usage) . Maintain Master Filing System . Mail (pick up, sort, and distribute)/Xeroxing IC :\WP51 \ST AFF\ATI ACH-l. TXT] Page 5 f~).1 This yage intenttonnlly left blank. '1-2'6 ATTACHMENT "S" BOARDS AND COMMISSIONS SUPPORTED BY COMMUNITY DEVELOPMENT SUPPORT and PROFESSIONAL STAFF · Redevelopment Agency · Economic Development Commission · Economic Development Commission Subcommittee -- Workforce Development Team · High Tech/Biotech Zone Task Force . Chula Vista Chamber of Commerce Economic Development Committee (Professional Staff) · Housing Advisory Committee . Mobilehome Rent Review Commission · CHIP Housing Loan Committee · Trailer CHIP Loan Committee · Otay Committee · Castle Park Committee . Otay Valley Road Project Area Committee · Southwest Project Area Committee · Town Centre Project Area Committee [C:\WP51 1ST AFFIA TT ACH-2.TXTJ f-?~ This ,age intentionally left blank. 4--J() ATTACHMENT "Cn Secretarial Succort -- with "New Hire" RECAP SUDDort to Professional Staff SUDDort to Boards/Commissions . Secretarv to the RedeveloDment Aaencv 1 Assistant Director 1 Redevelopment Coordinator . Redevelopment Agency . City Council . Administrative Secretarv 1 Director 1 Principal Community Development Specialist 1 Community Development Specialist 1 Environmental Projects Manager . Otay Valley Road Project Area Committee . Southwest Project Area Committee . Secretarv 1 Principal Community Development Specialist 1 Community Development Specialist II 1 Administrative Analyst . Otay Committee . Castle Park Committee . Town Centre Project Area Committee . Administrative Office Assistant II 1 Housing Coordinator 1 Community Development Specialist 1 Community Development Specialist . Housing Advisory Committee . Mobilehome Rent Review Commission . CHIP Housing Loan Committee . Trailer CHIP Loan Committee . "New Hire" (Administrative Secretarvl 1 Economic Development Manager 1 Community Development Specialist II 1 Administrative Analysts . Economic Development Commission . Workforce Development Team . High Tech/Biotech Zone Task Force IC:\WP51 \ST AFF\A TT ACH-3.TBLJ 4--/3/ This yage intentionally left blank. If/3~ RESOLUTION /3 q () RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING TIlE REDEVELOPMENT AGENCY BUDGET FOR FY 1993-94 AND APPROPRIATING FUNDS THEREFOR WHEREAS, Redevelopment Agency staff have prepared budget requests for various redevelopment project areas and the Redevelopment Low and Moderate Income Housing Fund and; WHEREAS, the Redevelopment Agency has determined that the planning and administrative expenses are necessary for the production, improvement, or preservation of Low and Moderate-Income housing. WHEREAS, the Redevelopment Agency of the City of Chula Vista has reviewed and approved the budgets contained in fund numbers 980,981,985,990,991,992,993,994, 995, 996, and 997. NOW THEREFORE, BE IT RESOLVED THAT THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby appropriate funds for the purposes set forth in the 93-94 Redevelopment Agency Budget submitted by the Executive Director, subject to the same terms, conditions and authorities given to the City Manager over the City's budget, summarized by Fund Number, as follows: FUND PROJECTIPROGRAM 980 981 985 990 991 992 993 994 995 996 997 Debt Service - 86 TABS RDA Housing Program Southwest Project Bayfront/Town Centre I Redevelopment Fine Arts Town Centre II Project Low/Mod Income Housing Dtay Valley Project Bayfront/TC I Capital Project Dtay Valley Capital Project Town Centre II Capital Project PRES~Y~ Chris Salomone, Executive Secretary and Community Development Director 4., Jj AMOUNT $ 3,152,830 300,000 370,031 2,264,420 8,000 314,648 605,480 421,526 10,000 5,000 265,000 This yage intentionally left blank. '1- 3f ' JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item QQ.., b Meeting Date 03/15/94 ITEM TITLE: a. Council : Resolution /7+11 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. SUBMITTED BY: b. Redevelopment Agency: Resolution /;jq I 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 eve/!. osts Director of Parks and Recreati66,.i City Manager~ ~ @ (4/5ths Vote: Yes..x. No_) REVIEWED BY: 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 July 10, 1994. Elite Racing is requesting funding, in advance of the event, from the City in the amount of $15,000 to help offset the costs of the event, which are estimated to be $65,400. RECOMMENDATION: That Council and Agency approve the Resolutions which: 1. approve support for the event, 2. appropriate $12,000, in FY 93/94, from Redevelopment Agency funds, to Elite Racing, to offset operational event costs; and 3. approve an agreement between the City of Chula Vista and Elite Racing, Inc., which authorizes a waiver of fees in the amount of $3,000 for City-provided services, 4. authorize the City Manager to execute said agreement. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Elite Racing, a professional sports marketing and management company, has submitted a proposal to the City to conduct a large-scale, family oriented bicycling event on July 10, 1994. The ride would be a fund-raising event, and approximately $5,000 of the proceeds would be used to support At-Risk Youth Programs sponsored by the Chula Vista Youth Coalition. Elite Racing is the firm that [A113 -bikerour.At3] 1 ~--I ItemS... ..h Meeting Date 03/15/94 has successfully coordinated the Arturo Barrios 10K at the Bayfront since 1990, and they have a proven track record for conducting other successful sporting events around the country, several of which are televised nationally each year. The event, the "Tour de South County", would be organized and conducted similar to another event that has been conducted by Elite Racing for the past nine years in Vista, the "Tour de North County". The north county event has raised more than $180,000 for community charities in the past nine years. Staff expects that, should the event be successful in the South County, that the city's youth-serving agencies would continue to benefit on an increased level during future years. The "tour" ride is designed to be a family-oriented fun cycling event, and is not a bicycle race. There will be a choice of 5, 12, 25, 50, and 75 mile tours, in addition to an off-road mountain bike course. Elite Racing is suggesting that all routes would start in the eastern portion of the City and move along routes in various areas of the City. The event would culminate with a large celebration, including entertainment and refreshments, at the finish area. Elite is anticipating that approximately 1,500 individuals will participate in the first years' event. The event will be promoted through the distribution of entry forms, and by way of local and county newspaper, radio, and television coverage. The media coverage will be of the same calibre as the Arturio Barrios event in the fall. Elite has already solicited sponsor commitments with McMillin Development Company ($20,000 in cash), the Star-News ($30,000 in in-kind advertising services), Scripps-Sharp Hospital ($2,500 in cash), has made initial contacts with EastLake Development, and has excellent contacts with a large number of national corporate sponsors as well. They anticipate soliciting an additional $15,000 in sponsorship support for the event. Participant entry fees would provide the balance of the required funding for the event. The Chula Vista Youth Coalition considered the proposal at a recent meeting, and the consensus of the group was to support the operation of the event. The Youth Coalition has pledged support for the event through the provision of a large number of volunteers to assist at the event. The event will have a relatively small impact on the City, since road closures will not be required except during the initial start of several of the courses. Riders will be instructed to follow all applicable rules of the road throughout the course, and participants will be required to wear helmets and pass a bike safety check. Rest and refreshment stations will be provided along the longer courses, as will mechanical and course support teams. The City would benefit from support of this event in several ways. The event, by nature, will attract participants from all over Southern California, exposing them to the beauty of the eastern areas of the City. The City would also be listed as a major event sponsor on all event publicity, entry forms, participant bibs, T-shirts, etc. This exposure would be substantial. The public would gain an awareness of the EastLake Business Center, Chula Vista's Rancho del Rey Commercial and Business Center, and the Olympic Training Center. There would be exposure to the new Chula Vista Community Park, hotels, restaurants, and businesses. Post race events would provide an opportunity for many local groups to [AI13 -biketour.A13] 2 -- ~,/,,).-..- itemS",. b Meeting Date 03/15/94 display information regarding available services; such as youth providing services, and community social service agencies. In addition to the monetary support, the City is being asked to provide logistical support by way of Police Services and other support including the provision of staff and supplies, such as public address systems and portable staging. These in-kind services are estimated to cost $3,000. Agreement with Elite Racing The City and Elite Racing have negotiated an agreement for the provision of services and funding. Should the Council approve this agreement, the conditions upon which the City will provide services and funds would be as follows: 1. Promoter shall throughout the duration of this Agreement maintain comprehensive general liability insurance covering all operations hereunder of Promoter, its agents and employees with minimum coverage of one million dollars ($1,000,000). 2. Promotor shall include the City name and logo identification on 8,000 entry forms distributed throughout Southern California, on Start and Finish banners, on 1,000 event posters displayed in local health clubs, sporting goods stores, etc., in all print advertising for the event, on information sheets mailed to each registered participant, on event T -shirts/jerseys to be worn by all participants and support crew, and on 5,000 course maps. 3. Promotor shall make a donation of event proceeds in an amount not less than $5,000 to the City, which funds shall be directed to at-risk youth programming at the discretion of the Chula Vista Youth Coalition. 4. Promotor agrees that in future years of this event, the donation to youth-serving programs will increase with expanded participation in the bicycling event. 5. City shall the right of approval on bicycle race routes on City streets. 6. In the event the event does not occur on or about determined date, Promoter shall forthwith upon demand return the $12,000 contribution to the City. Financing Alternatives: Should the Council wish to support this event in the city, there are several issues to consider: 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 and Recreation ($3,000). [Staff recommended alternative.] [A113 - biketour.AI3] 3 S-3 Item 6"", b . Meeting Date 03/15/94 2. Council may wish to identify an amount, other than the $12,000 requested, to help fund the event, funded from Redevelopment Agency funds. 3. In-kind services support only ($3,000); no additional funding. Direct staff to discuss with Elite Racing the possibility of obtaining the $12,000 from its current sponsors, or additional outside sponsors. Initial meetings with the sponsor have involved the Police Department, the Parks and Recreation Department, and the City's Public Information Coordinator. All parties involved have voiced support for the event. Ideally, this "tour" ride would become an annual event, requiring similar funding each year. Should the Council wish to appropriate funds in FY 93/94, the Community Development Department will bring forward for Council's budget consideration, for FY 94/95, a proposal to set aside funds annually to sponsor the "bike tour". FISCAL IMPACT: The City is being requested to provide financial support in the amount of $12,000 (payable before July 1, 1994 to Elite Racing), as well as in-kind services (police services and equipment and staff support from Parks and Recreation) estimated to be approximately $3,000. Staff will bring forth to Council during the FY 94/95 budget process, a request to fund $12,000 in support for the event, in Redevelopment Agency funds. Proiect Area Fund Amount Southwest 985-9850-5201 $ 1,200 Town Centre I 990-9901-5202 $ 1,200 Bayfront 990-9907-5516 $ 9.600 TOTAL $12.000 Attachment: Letter from Elite Racing Agreement with Elite Racing, Inc. [Al13 -biketCHJr.A13] 4 5-'1 6///1" TIiItv - -"..""",", November 15, 1993 Sid Morris Assistant City Manager City of Chula Vista 276 Fourth Avenue Chula Vista, CA 92010 Dear Sid: Thank you for meeting with us regarding the Tour de South County. We are excited about producing a first class cycling event in Chula Vista. The Tour de South County would be patterned after our very successful event, the Tour de North County which takes place in Vista every October. Cyclists would choose their ride from a variety of distances depending on their skill and fitness level. When the riders return to the fin~sh line a huge assortment of refreshments would be waiting. A Health and Fitness Expo and live entertainment would also be in the finish area. Our Tour de North County is an important fund raiser for five hospitals in the north county. Over $180,000 has been raised in the past nine years. The Tour de South County will benefit the Chula Vista Parks and Recreation At Risk Youth program. A minim',un of $5,000 will be donated to this program from the first Tour de South County. We are planning on scheduling the Tour de South County for June or July of 1994 and probably stage it east of the 805 in Chula Vista. The event will bring many new people in to Chula Vista and show off the beautiful country side of the south county. Enclosed is a working budget for the Tour de South County. If the income gORls are reached we can put 0:1 a first class event that will be a significant fund raiser for Parks and Recreation. We look fo=ward to producing anoth~r grAst event with the city of Clll'.la Vistt1, PleDs(: c.311 me, if yo,; .'lav~, ftny quest.ions. Sincerely, ~--- 'I'im Mu 6~ 6 9 VlSTA SORRENTO PARKWAY, SUIlE 102. SAN DIEGO, CA 92121.619/450-6510. FAX 619/45D-6905 6///1, FIiItr _-..."""1..'" . TOUR DE SOUTH COUNTY WORKING BUDGET Based on 1,500 participants INCOME Sponsors: City of Chula Vista Other 900 entries @ $20.00 600 entries @ $25.00 Souvenirs Total Income EXPENSES T-shirts 1,700 @ $4.00 Sweatshirts 200 @ $10.00 Jerseys 200 @ $17.50 Advertising Printing Art / Typesetting Entry Distribution / Labels / Postage Elite Racing costs Contract Labor Signs / Ba!lners Rentals Insurance Entertainment Bib Numbers Permits Charity (minimum) Contingency Total Expenses PIcfit / Loss $15,000 15,000 18,000 15,000 2,000 $65,000 $ 6,800 2,000 3,500 7,000 7,000 2,000 3,500 16,000 1,000 1,800 4,500 2,500 500 500 300 5,000 1,500 $65,400 ($ 400) s-~ 10509 V1STASORRENTOPARKWAY, SUIiE 102. SAN DIEGO, CA 92121.619/450-6510. FAX 619/450-6905 SPONSORSHIP AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND ELITE RACING, INC. THIS AGREEMENT, made this day of , 1994 between the City of Chula Vista, a municipal corporation, (hereinafter called "City"), and Elite Racing, Inc., a California corporation, (hereinafter called "Promoter"). W!INJ;;~~J;;IH~ WHEREAS, Promoter is the primary organizer of the Tour de South County Bicycling Event, proposed to be conducted over the City streets in the City of Chula Vista, on a date mutually acceptable to both parties, and WHEREAS, the City will benefit from the media exposure attendant to the bicycling event, and WHEREAS, Promoter has requested waiver of City's costs in providing in-kind support to the event as a contribution, up to and including $3,000 in such in-kind services, and has further requested $12,000 cash from the City as a contribution, both towards sponsorship of the event. NOW, THEREFORE, IT IS AGREED as follows: 1. Services to be Performed. Promoter shall: A. Accept the duty of organizing and holding a Tour de South County bicycling event within the city limits of the City of Chula Vista on July 10, 1994. B. Include the City name and logo identification on 8,000 entry forms distributed throughout Southern California. C. Include City name and logo identification on Start and Finish banners. D. Include City name and logo identification on 1,000 event posters displayed in local health clubs, sporting goods stores, etc. E. Include City name and logo identification in all print advertising for the event. [AIl3 - elite.agt - 2-25-94J 1 5-7 F. Include City name and logo identification on information sheets mailed to each registered participant. G. Include City name and logo on event T-shirts/jerseys to be worn by all participants and support crew. H. Include City name and logo on 5,000 course maps. I. Give all rights of choice of bicycle routes on City streets to the City of Chula Vista, including the right to change routes at any time up to and including the day of the bicycle race due to conditions ascertained by the City. J. Make a donation of event proceeds in an amount not less than $5,000 to the City, which funds shall be directed to at-risk youth programming at the discretion of the Chula Vista Youth Coalition. K. Agree, that in future years of this event, the donation to youth-serving programs will increase with expanded participation in the bicycling event. 2. Comoensation. A. In consideration of the media and other public exposure from the services to be performed by Promoter, City shall provide support services to the event, including but not limited to, police support, and clean up costs, of a value of not to exceed $3,000, in the form of a waiver of the costs for such services performed. B. In consideration of the media and other public exposure from the services to be performed by Promoter, City shall pay, $12,000 to Promoter 30 days in advance of date of event. 3. Hold Harmless. Promoter agrees to indemnify and hold harmless the City against and from any and all damages in property or injuries to or death of any person, or persons, including employees or agents of the City, and shall defend, indemnify and hold harmless the City, and its officers, agents, and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of Promoter, or any of its officers, agents, or employees relating to the event. [A113 - elite.agt - 2-25-94) 2 6-Y 4. Insurance. Promoter shall throughout the duration of this Agreement maintain comprehensive general liability insurance covering all operations hereunder of Promoter, its agents and employees with minimum coverage of one million dollars ($1,000,000). Evidence of such coverage, in the form of a certificate of insurance and policy endorsement which names the City as additional insureds, shall be submitted to the Risk Manager, 276 Fourth Avenue, Chula Vista, California 91910, on or before the scheduled day of the bicycling event. 5. Term. The term of this agreement shall be from the date of its execution by the City Manager on behalf of both public entities and the authorized representative of Promoter, and shall terminate no more than 30 days following the date of the scheduled event in 1994. 6. Contract Administrator. The City Manager shall administrate this agreement on behalf of the City. Tim Murphy, President, shall administer this Agreement on behalf of Promoter. The event will be held on July 10, 1994. In the event the bicycling event does not occur on or about that date, Promoter shall forthwith upon demand return the $12,000 contribution to the City. IN WlTNESS WHEREOF, this Agreement was executed by the parties on the date set forth hereinabove. THE CITY OF CHULA V]STA EIlTE RACING, INC. John D. Goss City Manager Tim Murphy, President Elite Racing, Inc. "1m Bruce M. Boogaard City Attorney [A113 - elite.agt - 2-25-94] 3 S-l This yage intentionally left blank. 6-10 RESOLUTION NO. /70//1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA 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. WHEREAS, 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 July 10, 1994; and, WHEREAS, Elite Racing is requesting funding from the city in the amount of $12,000 to help offset the costs of the event, which are estimated to be $65,400; and, WHEREAS, in addition to the monetary support, the City is being asked to provide logistical support by way of Police Services and other support including the provision of staff and supplies, such as public address systems and portable staging, which in-kind services are estimated to cost $3,000; and, WHEREAS, approximately $5,000 of the proceeds would be used to support At-Risk Youth Programs sponsored by the Chula Vista Youth Coalition. NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council of the City of Chula vista does hereby approve City support for a bicycling event entitled "Tour de South County". BE IT FURTHER RESOLVED that the City Council does hereby approve an agreement between the City of Chula Vista and Elite Racing, Inc., which authorizes a waiver of fees in the amount of $3,000 for City-provided services, 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 c~~t Man~ er is hereby authorized to execute said agreement on behalf of th city. Pre"(i b~ i~t" to for by Jess Valenzuela, Director of Bruce M. Bo City Parks and Recreation Attorney C:\rs\elite 5,(/ This yage intentionally left blank. 6; I'?--- RESOLUTION NO. )3CJl RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA 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 WHEREAS, 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 July 10, 1994; and, WHEREAS, Elite Racing is requesting funding from the Agency in the amount of $12,000 to help offset the costs of the event, which are estimated to be $65,400; and, WHEREAS, in addition to the monetary support, the City is being asked to provide logistical support by way of Police Services and other support including the provision of staff and supplies, such as public address systems and portable staging, which in-kind services are estimated to cost $3,000; and, WHEREAS, approximately $5,000 of the proceeds would be used to support At-Risk Youth Programs sponsored by the Chula vista Youth Coalition. NOW, THEREFORE, BE IT FURTHER RESOLVED the Redevelopment Agency of the city of Chula Vista does hereby approve Agency support for a bicycling event entitled "Tour de South County". BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Chula vista does hereby appropriate $12,000, in FY 93/94, from Redevelopment Agency funds, to Elite Racing, to offset operational event costs from the following funds: proiect Area Fund Amount Southwest Town Centre I Bayfront 985-9850-5201 990-9901-5202 990-9907-5516 1,200 1,200 Jo""fkn~to' Parks and Recreation C:\rs\elite.ra of I ~jr fO~:!J Bruce M. Boogaa Agency Attorney Presented by 5-(3 This yage intentionally left blank. .5- ( '{ REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TiTlE: Item (p Meeting Date 03/15/94 Resolution l ~q ~ Approving First Amendment to the Amended Palomar Trolley Center Disposition and Development Agreement and Authorizing Chairman to Execute Same Community Development Dr,r,tor L. S . Executive Director ~ I:}\-~) U (4/5ths Vote: Yes No lLl SUBMITTED BY: REVIEWED BY: 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 A). 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 (Sunbelt) replaced Pacific Scene Incorporated, and the obligation in the DDA was converted to mutual and reasonable assistance in locating a day 0-( Page 2, Item r;, Meeting Date 03/15/94 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, 50 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 Low/Moderate 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 Ootion 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, 1 994, and extends for 30 months; it is null and void if the Agency does not approve the First Amendment. (p -2- Page 3, Item to Meeting Date 03/15/94 . The option is assignable to the Agency; the Agency has the unilateral right to replace Cypress Creek Company as the optionee at any time. · 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. · 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 %. · 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. · 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 option/First 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. 0-3 Page 4, Item ~ Meeting Date 03/15/94 · 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 Phase 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. (, -4 Page 5, Item &, Meeting Date 03/15/94 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. [DGIDisk4IWP51IA:\PALDDA.RA4] (,-5' o -Co c ( - (fl Q) o ('(l a. (fl C) c J2 w ~ en a. :2 ~ a. CO c ::: w . en (fl o 0 a. g o ~ a: ~ a. Co ..... --- - --- ------------- 11l0LLE'i ~_E~- i /-/- OL VD /;:-:---- rrJOU5fRIAL- ATTACH -@ .... N , a) X N a) (p -7 h.; ~ 'j ~ ,,- , ,,- x '" ~ a) :l: a) 'i' '" N ~ M ~ OJ ~ '" a) - (fl Q) ~ a. (fl C) _ c W ~ CJ) III .q: a. J: r-- a. It) C , w ...: en iii o 0 a. 0 o l't a: .... a. ~ , Q:l~ - '-' "'l; ..... (QR:> :t ><:1-. 1..tJ~ <<~14'I'.I.I" :'A~id~t:,:h:~~2!;;iil';;;dh::lli t--~' 1""." '.-- \ . t. . I. ~ -' \\ '\!I \'~b 1,"'\ . .,;';'1 l,i , 1:\1:\ I I. i " ,N.\A.P. 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Q) - - o -~ ro - /d-- 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., L.P., 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, on the northwest corner 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: 1. 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- & -1c.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 1, 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- (P-I'f 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. Escrow. 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- rb- IS- 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 "A" 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. Rigbts 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- t-/~ 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. ]n 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 shaH 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- & -17 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 assigns. 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 harmless 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. Notice. 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? OPTIONEE: (3 copies) Cypress Creek Company, L.P. 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, California 91910 and Michael W. Holmes 5405 Morehouse Drive, Suite 310 San Diego, California 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 concerning 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. Exhibits. All exhibits to which reference is made are deemed incorporated in this Option Agreement, whether or not actually attached. 23. Iitlf. 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- t-Ir 03/07/'34 10:42 PENIW REALTY II'IC, ~ 619 554 1'399 11AR-07-l9S4 11: 2S FP.DM MMCLLATl GO WEST SAN DI EGO TO HO.570 94884129 P.02 ~02 24. Preparation of Qp.furn. The reasonable cost of preparing this Option is being paid initially by Optionee. Upon exercise of this Option and the Sllbsequent close of escrow, however, one half of such cOSt shall be reimbursed to Optionee by Optionor, or if Optionee has assigned its interest und~r this Option, one half of such cost shall be reimbursed to Optionee each by Optionor and assignee of Optionee. 25. DllplJ.s:at~ rh:iglnals. Tbls Option is eMcuted in several duplicate ori~inals, each of which is deemed to be an original, and all of which together shall constitute one and the same Jnstrum<::nt. This Option shall be effective as of the date executed by the latter of the two parties hereto, unless otherwise provided in this Option. IN WITNESS WHEREOF, the parties have executed this Option to Purchase Real Propert)' on the date fIrSt above written at San Diego County, California. BY: TROLLEY TERRACE a Callfo . "OPTIONOR" "OPTIONEE" CYPRESS CREEK COMPANY, L,P., a Delaware limited partnership :BY: SUN BELT MANAGEMENT COMPANY a Florida corporation Its Managing Partner BY: SHEPHERD D. JOHNSTON. President -8- c. -~ TOTAL P.02 RESOLUTION /..3 9;U 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 AUTHORIZlNG 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 1 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 rmd, order, detennine and resolve that the First Amendment to The Amended Palomar Trolley Disposition and Development Agreement, said document on file 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: ~~ q/II.V'idL t~'N)/}j f Bruce M. Boogaard Agency General Counsel Chris Salomone Community Development Director [DGlDISK4\ WP5 I \A:P ALDDA.RES] &'-o?! f?J - c22- JOINT COUNCIL/REDEVELOPMENT AGENCY AGENDA STATEMENT b) Item 7(1. I b Meeting Date 3/15/94 Resolution / 7 L/ / ;V Approving agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects Agency Resolution /3'13 Approving agreement with Anderson & Brabant, Inc. for providing appraisal services for ITEM TITLE: a) [and] SUBMITTED BY: various capital improvement, redevelopment projects Dirocto, of ]>"bH, Wm~ ~ City Manager~ ~ ~ economic development and REVIEWED BY: (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 15, 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 15, 1993, staff sent proposals to 40 firms 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 firms 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. A panel of five persons approved by the City ManagerlExecutive 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 7-; Page 2, Item 1 ill, b I Meeting Date 3/15/94 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 firm 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 15, 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 ManagerlExecutive 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. SLH:File No.: KY.013 WPC F:\HO:ME\ENGINEER\AGENDA\anderson.agt 7-:2 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 form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts; Recitals Whereas, 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 terms and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) WPC F:\HOMI:.\ENGINEER\1684.94 Page 1 7-:( 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. WPC F:\HOME'ENGlNEER\1684.94 Page 2 '7 --4- -..-..--.............. 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 Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. WPC F:\HOMBENGINEER\l6S4.94 Page 3 1-r" _... -.-----.-.~.~-~---~~_~_.__.. _..r.. __'_"~'~____'______'___'~_~~_,""___""___~M_."',_~;~__ (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 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 permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. WPC F:\HOME\ENGINEER\1684.94 Page 4 ~_/ -'--'--'--'_._--~._,-,-~-----".~-,._,,---,--_.._-- - "-~-~--------'-'-------'_._'~---~~~- ..,~-;..-- All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays ,to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. WPC F:\HOME\ENGINEER\1684.94 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 warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. WPC F:\HOME\ENGINEER\1684.94 Page 6 '} \/ "':'" "'_.-------.l.o. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the 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. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. WPC F\HOME.\ENGINEER\l684.94 7- q Page 7 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. WPC F:\HOMBENGINEER\J684.94 Page 8 7- -/0 ---'-'----'------..............~~~'-.~--~~~ 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has fIrst been presented in writing and fIled with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifIcally authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identifIed herein as the places of business for each of the designated parties. WPC F:\HOME\ENGINEER\1684.94 Page 9 '7 _ 1/ _.._.w../~.:.-.._~ - - -.-".<- -,-"<<-,~------_....._._........._..,~._---_.~-,-_..~------~.-...._-...- ..;.,-'........._--~._'..__._..._---.- D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] WPC F:\HOME\ENGINEER\1684.94 Page 10 -"'7 _ I') ,".->_.~~_.._.,.<.__..... -- -.. ._--_._._-,.~,-_._~.__..._-----'---,,~_..------~.~ -'d___... _ _ _,_~.__. _~'__,~,~""....-C_"-_"__~,~___________ 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 terms: 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, Chairman Chris Salomone, Secretary Approved as to form: Dated: Bruce M. Boogaard, City Attorney by: Exhibit List to Agreement (X) Exhibit A. () Exhibit B. Page 11 WPC F:\HOMBENGINEER\J684.94 "J___/A 1rJHITIS JP> A CGrJE I85JLANK> "7 ~ / t,L \ ~_'_._ ~._._~_._~__.'J.~___~c~_'_,,",_ _"'J___"'_'_"_~_~~ ~'.'''''_'~''"''-'~.' .,....... __ ~__'~...._.N.........__.~__.~~______ 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 IS, 1994 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business ("City") 3. Place of Business for CitylRedevelopment Agency: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Anderson & Brabant, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (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 WPC Po\llOMElENGlNEER\1685.94 . Page 1 '7__/r- 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 conform to and comply with California Government Code 7267 et. seq., its implementing regulations 25 CCR <1>6000 et. seq. (state or city funds), and/or 42 U.S. Code <1>4601 and it implementing regulations 49 CPR 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 5/5n7 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) (b) (c) Sales comparison approach Income approach 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 WPC F:\HOME\ENGINEER\I685.94 Page 2 '7 .../ /0 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 IS, 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 IS, 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 performance of these services. WPC F:\HOME'ENGINEER\1685.94 Page 3 '7 ~ /'7 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 preliminary 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 Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , 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 shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase Fee for Said Phase 1. $ 2. $ 3. $ c. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: WPC F:\HOMBENGINEER\1685.94 Page 4 '7 ----- / f? (1) () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation "). (2) (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 8D. 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 perfonnance 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 $ WPC F:\HOME\ENGINEER\l685.94 Page 5 "7 ___ /0 ( ) 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 $ ( ) ( X) $_ per day. Other: It is acknowledged by both parties 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 termina the agreement and/or ss 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. ~~ Ib 1'1; '?v~~ I. >~ i~ PrP 13. Contract Administrators: City: Roberto Saucedo, Senior Civil Engineer Consultant: William B. Anderson 14. Liquidated Damages Rate: Failure to complete the General Dutl allotted time period specified in t' A eement shall result in the following penalty: For each consecutive cal dar day I excess of the time specified for the completion of the respective w assignment, t consultant shall pay to the City, or have withheld from moni due, the sum of $ 0.00 Time extensions for days 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, wi be based upon the effect of delays to tH 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. 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer WPC F:\HOMBENGINEER\I685.94 1/2J) Page 6 () Category No. 1. Investments and sources of income. () Category No.2. Interests in real property. () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No.7. Business positions. () List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: WPC F:\HOMElENGINEER\I6115.94 Page 7 7-ol/ 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 eIP accounts. 19. Security for Performance () Performance Bond, $ () Letter of Credit, $ () Other Security: Type: Amount: $ () Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain. at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: () Retention Percentage: _ % () Retention Amount: $ Retention Release Event: () Completion of All Consultant Services () Other: Page 8 WPC F:\HOME\ENGINEER\1685.94 ~ - ;J., . I 7265.4 RELOCATION ASSISTANCE 'l'lUe 1 Dlv.7 ~" \_~. I 7266. ."'ew b)' pubUc _tit)' or __tloD appeaJllloanl (al U a relocation appeals board Jlu been estabUshed purIIWIt to SectIon 33417.5 of the Health and Safety Code. a dty by ordinance may desliMte the board to bear appeals from aU public entities, ex. cept those atIIte asencles which have an appeal process, on the e1J&I. . bUlty for, or the amount of, a payment authorized by this chapter. (bl Any pel'llon accrleved by a determination u to e1l&iblllty for, or the amount of, a payment authorized by this chapter may have the application reviewed by the public entity or by the reloca. tlon appeals board If authorized under IUbdlvlslon (al. The review of a determination by a community redevelopment aseney may only be made by a relocation appeals board estabUshed purllWlt to SectIon 33417.5 of the Health and Safety Code. (Added by 8\&1&.1974. c. 47, p. 102.1 U. eff. Feb. 28. 1974.) jo _pia"" Ia .d ftID, .atbortt,... JlkIII tllat .roOf laptrior Strut I Oaklaad (1''/1, A.Id 887. a. "earl'e' ----... Cellr, 10.. .... ... OSI III, aad tl.e I.kln I'eIoeatiOD ....'11 fair)" llllpo"H _Ideb any ..,fie ~~, 01 Loa Aor.1 .....tlPIr. 188. 81 .A1'llouah .._, _I ..",....1, pPi ..W... nId.... 10 aucll ",.iN.ntl lbe "",.. PNftlJ Ht. of . NM'InD 4lemaDd ., .., .... UrmlD.lion .. to . ., ..,..Dt eatMt 010..... 10... 0., I.porlo, Coart to (1815) 128 CoUIp .. .......... WIl... ,pPUoaat f erl8lq b, oIno. or public nth, ... . MmiDletntive ....J I.. IoU... to _k tin -.-.aDl ... 110, Itrut .. Boor.. load (UTn 140 CeI 1181. Tunt .... IoUod of tbla _ wltb , ~tioo ....n.. . ..rlt of ........111 dl lor ,olllorl., to po, ,.tido fo, writ" . for "f'. _IbID aIDt, of ,.nut fWD, lor oatborl., II . . 0- aor_ ProttOlloo of ...... 0' ...._t. othl' ,..oIoIou of 10" IIo\Ilr pel'" ....- tbaII 10 p_of b, tbIo _.. _ , '12'12. . ..-' IloMIa "110. UIInIJ .... (:.1.8::iIaIIIa' IloMIa , JIB It_. ..... of D ", - I. I. ......I ......,01 *101.., fo, ",_tioo u. of .ttO...., f_. "polio, I,rut .. Bo.. _ Ioeorood ..bl. ,..portJ .... take. ..,00... Port of o.kI... (11771 140 to, ",blIo _ .... .., _dtlo4 to 0"'''' CoLllptr.l1I. '12 c.&.I4 t87. ltIIlortcol Note ro..I' , '1266. .dd.d by ......1l18li. .. D.rI..,I..: rol'\ll" , '1266. II4dod ., 1489. p. ~3. , 1. pro"diar 10' tb. t....l. Btotl.lll8ll. .. 1489. p.1063. , 1. m of "de,., b1 pubUc eDtlt)' of pa)"CDtDt ellrlbUit)' or amouDt, ... "pealed by a..tLlll7t... .7. p. 102,' 8.5. 0.. ...- ...-tud&" ....,., eeeaput. MIter '.aniV'...., II...... ..-ttr ....I~ - .... 10 ,1OII4od ., tbIo --. _ , '/2'12. . . , I 7267. Galt In order to II cty by acreelDel llllIIpStIon In the I tile public procrar. acqullltlon praetle. tlcable, be IUlded cIuIlve. ~ thaI 1 and SectloIl '726': I. _roI 1 "....111 of........ 4 -..... . ........ . ..... I &anrJ ..... IIooIoIpol Oorpo"_ "717. (:.1.8." 'oolpat ~- , UOB. ..... of DI .. I. I........ _.. ",rt ~ ponoJtto4 OlIIt to .. .......bt uoJoot It ., ..., of _pIoIot to, _.b 01 ..., 004 __ ......b' ..... ...tate ., W-""-- .... ... 'lU ;. '. ~. ..: ... -,. . . .. ' .., ..~ ,- - .. ..' ... .. _.. -------- , . 'l'We 1 Diy.., ItBLOCATJON AlSISTANCE f 7267 -plalal .. -...øtNtIYt --... to _Ft .-.. =: lit ltalo... raa, a.lborlt7 -.ld aol M _nI to _. ... Y. "Ihra.. dOlI ud Parb .ttr ,...- *" ~.. tllOI wro.. .-.. .... _plopod. Dot. (4pp.J878) 180 CaIJIptr.1I88. ..rIo. 81,," .. Su... Co. Y. Port of z-.. "'0 _ral811 ...... 8O- 08 o.klODd (1877) 140 CaLapt.. 1JIi. 12 C. 4.Jd 1181. ....... ,....... ud "ho .... -)tOed 10 """'tI8.. .. -- "..... 011, -ChI I. H.art... to ...aI.. tile .ro...n, to. otNOI ud ... -SWot- 4Ilhoarh CdtoraJa -- -- IIled ..-... - ...b to -or .tal. -,., eud ......- _IDI II> tb. eoD' 10... ...... 8Ot ..p.."I, ,rorid. fo. toa.. "_1100 ...108' -..... ...... "bo tar aDd Ih. tablDr at orid,... 08 luo. of bad ...b....ed ... admb>J""II.. ..medie.. ..1oo.lioD MD.tlll. .0.1, ",ol..m'DII a.. ... ",aired 10 p- b, .., or ..... fal.I, ,,"po'led b, the .."... -" _pl.IDI ...kIDC 8II.,lol8lra,l... _Dd.. ..rIo. 8'MI' .. Bu. which aD, acorined "_D ma, 1It_>d, GlD' rather thaD b, .., of aoo"e. to Jabl.Dd tl877) 140 CI" or Loa ADcel.. Y. Decker 11878) 132 011'" -plaiD' .. _boIDI -ID, ClI, 14 887. CaloRp,.. 188, 81 C.4.8d Hf. of MODDtalD Vie.. Y. 80..rio. CoDn ro. 4IIboDrh ra""doD -.- 10"...... 1110.. CIa.. ('....t, (1876) 128 Cal.Rptr. ao. u~..o.ly pro.ld. fo. a burlDr.t 1&8, .. C.4.8d 12, - ppeaJa IIoarð which .rid.DCO 18 ",ol.ed 10 lit tahD. If a __D.. ... - _led dalmed lUshed pursuant _10 ",ulre.,n,. .re f.I.ly ,,"po"teI b" -dOD lIto.tl'. .. ad...... actloD or the rerie.. p....... "hlch tllla _OD u. tl.. <ODd..,aIor ..bllc ntlt, 08 t.. "re. ,t)' by ordinance act. or . eoDd..,alDr I'obllc 'D,It, OD Ih. 01.,," of .. daIto b, Ita ..,..roIDr bocI, d""Dd or 'D, pt,OOD aco.ined b, . d.. a. ath.. approprla.. aolhorll,. 10 thaI :aUc entities, ex- .....1..110> a. 10 ,Uribllil)' for or amo"'l --DIt'" oha..t811 bl. allmbol"ra. S. on the eU¡i- of po,..eo' aDlhorl.ed b, ..Ioca,loD a.. d.. ....8111.., bb 0111, jodiclal re.,ed, II.. aI".oco 10..., ell' or MOODfllo Vie... Y. .. polidoDtar tb. ..pt.lo. eoon for roUt! 711 's chapter. 80...10. CoDn for laD,a Clara ('OUD', .. -,rad.. -..., Id. a ... eU¡iblUty 11876) 128 CaJ.RPI.. IDS, .. C.4.8d 72. 18 chapter may I. II....... .. "Iutl"" ..181.. r by the reloca. Wh... applicaDI for ..10<81100 "pto... ÞocIaloo of ..bllc allf7 a. to PO""DI arl.IDC b, oI"ue of acqul.ltloD ot IODd b, of ..Iocalloo' a....... arlt. pro...", b I). The review public atlt, ... ao, ",aI.ed to paraue ::'~~~~": r.ct~Ía':.::::18~~ ~ IIncy may only _lobINd.. eba..... Ia tiNt luI8DCt. Ita failure to _b ..\'1... b, 8llmlaialra. H..... Co. Y. Pen .f OtklaAd (1877/ JIWIt to SectIon d.. mODtIa..a. .... 801 Impro.... 80'" 140 CaIJIptr. 116. 12 C.4.8d 887. rIo. 81rat .. Baar" ccI. Y. Pe.1 or Oak. Iaod (1877) 140 CaJ.RPI.. 1111, 12 C.4.8d .. -low 887. WIle.. 18Ft .tborlt7'. '_0" for T....I wbo failed 18 oha...t ...odI.. 1Ulla1'" daIto. fo. 1'01_1100 ""O'U .f Ihl8 M<tIOD Witb -..... '0 "'0"1 for :..ro:.=.~:'" ':::'-:;p.~~~'~': -1100 ....rlta ... ..t allded 18 . '1288, ..... ., "rll of ........... .u~ tho _. ...nI... 81Ft If ........ """1 ... tar .athorlf7 18 N, _h ""'Ita, tho -....,..... too _b -...øtratIYt -.... 018,11. ,,11Iloo fa. writ of _to .... a""'" Wo.. fIIID8 Ita _plalal fop _b _. fop -'7" Withbo ...tlatO'7 ....,.... :am aar;:-.:, ~~'I:"nPLof =:4 .'Dta of fo..81 !War With ... --D' ... ."'rll7 u a """""18 to 881 (U7T) 140 CaLBptr. 111. !II c:.4.I4 1181. ..., ......- *" f 7267. GaIdeIIIIeI for paille ..... III order to 8IICOUI'Ip UId apedJte tile 8CII\1IIItI1III 01 raJ prop. .....- . uoa. c::< erty by qreementl with 0WDeI'I, to avoid IItIptJaa UId relieve eonpstJODm the eourtI, to I8IIre CDIIIiIteDt tratmeDt for OWDerIm the public pnIIJ'8IZII, UId to promote public CCIIItJdeJICe ID public land ac:qullJtJon practice&, public: entIt1e8 8IW1. to tile 11'8" extent prac- . "noItted nit to Ueable. be pided by the pnMa!0JII of SectJOJII 126'7.1 to 1267.7, In- 7 .., If -plaia, cluIIve, aœpt that the pnMaIona OIlUbcllvillon (b) of SectJOD 1267.. I I _. ...reb, 1 IUId Sec:tl0D 1267.2 8l1l1I DOt apply to tile aa¡uIIttloD of IllY ... 81: . f., filial 'Ið6 1-;;'f ......... - ' : .. 17267 RELOCATION ASSISTANCE nu. 1 Diy.' ment, ri&ht-or.way, covenant, or other DOnpoaessory Interest In rea] I 7267.: property to be ac:qulred for the eonstruc:t1on, rec:onstnIc:t1on, aJtera- -K Uan, enJar¡ement, maintenance, renewa], repair, or replacement of Beron IUblurface -1'8, waterlines or appurtenances, drains, lePt1e tanks, entity Iha1 ell' 8toftII water drains. ...tlon ther (Added b7 Stab-I"I, Co 1174, p. 8160, 110. AmeDded b1 Stata.1t7Ií, c. ty for the 108, po 182.1 1.) \ be lesi tha ...... Hole value or au value of n 'ft. JI7& ---, -- tII. u- "".... I ft87 - --..... I '1287., cauaecl by ...-. . ad -- ., ltaLt.1811, Co lilt., p. 8180,18. ¡ Qulred, or ; 0- 88f- lUeh Imp'( within the .....rt, ,oqûtttlou ., IOI""'" ,r _dOlI, _nedOll at tIaII -00. - ¡ prded in d 1m.. entity 8ha1J PntllClio. of .....r or -PU', oth.. INriaIou at low pYla¡ _..r pnCootIoa"'" t 10 Inmdod ., tIaII -... - I 1212. written Ita' UInrJ aar- I tabl1ahed ., ....., DoIDaIII "180. c..J.8. J:miDtDl DoIDaIIII US ot 184. If occup1ed dentla] WIlt .... f1I D8cIaIau I . copy of tI I. II ......, prlate, the Ctt,'. fall... to follow pId.II... r.r ...". ..DCI......ti.., 'J'oe. Y. ClI, of .... dama¡es to 8OIOliatlot wllh Iud...... aDd.. till. .... ta Berb... (lete) 1111 C8!.Rptr. 812, 88 (Added b7 I - .-Id '01 ...... .... of ,. bo bo. C.AJId 8ðd. 878, 11.) 1 7267.1. AeqalsIlion lion; appraIIaJ ;, (a) The public entity aha11 e every reasonable effort to ae- 'ft. :1118 ,. quire expeditiously real property b nerotlatlon. -,.... _Ii (b) Rea] property ahaI1 be app berore the initiation of lit!- tbt appraIuL IOti&tlOlII, anc! the owner, or his desl ted representative, aha11 be liven an opportunity to accompany the railer cIurInr his InIpec- .....~ .... - Uon of the property. ~Î.,- -' ,,-' 1m.. Pnt...... " , (Adelld by Statl.1971. Co 1Ií74. p. 8111.lll.) 10 Inmd. o-~ ~~ ., ,....... .. .......-. ---- If .... ...... - --_. J,.3. Ud. ~ at _r .. -t, etlatr pNfIIIau If low 81*1 _tar ..- ..... 10 .-.s ., tbIo --. - I 'f212. ' UInrJ ...- .... Ð8a .... IIa8aIa .... CU'.B. ..-t JIa8aIa 1- at 810. I 7267.3 , .... .. ........ I. .. III-' tbat _1tJ .. ..,..", tar fIbIIc - 'J'be eor ~--If_rlf-'" Iaportar I....., . --I Co. Y. hrt If .... 10 ... pro"""'" .. _t If... 0ùIud (111'11 140 QeL8ptr. III\, 11 C. be 80 8Cbed\ ...... - ... 1& II 181r""'" AM _. 'H 7-.),,-5' iE':'iS'ill;t';~;~~;.'@j;;r "'.." .i~':,,".. . h~~'~)<'r' . . ' -, --48 -- ',.." co: " -- -, - --- - '- - -.- . DIy. 7 IIELOCATION ASSISTANCE f 7267.3 "tie 1 erest III rea] ... _peaatiODI "'81' of lair -at""'1 writ. :tion, altera- .. -.......tl .... of apprabaI aJacementof Be~ the initiation of øecotJatlOll8 for rea] property, the public IÇtlc taIÌkI, RC,-..; ,-"';;..~ elltlt)' estabUsh an amount whleb It be1IeYea to be juat eompen- atlon there , and 8haJJ make a prompt offer to acquire the proper- Stata.lt7Ii, Co ty for the full ount 80 estabUahecL JD DO event &haD web amount be less than the ubllc entity', approved appraJ8a1 of the fair market value of wch property. Ally cIecreue or IIIcreue In the fair market value of real prope~y to be acquired prior to the date of valuation _rod t '1287~ caused by the PUbllcìf:csrovement for whleb 8Ucb property 18 ae- rn. Co 1614. .. quired, or by the likell - that the property would be acquired for wch Improvement, othèr, than that due to phyalcal deterioration - within the re.uonable con~ of the owner or occupant, wW be dlsre- ...-.- prded In determlnlne the colJ1Pensation for the property. The public Jnc-s08 Û88 entity 8ha11 provide the owner ~ rea] property to be acquired with a written ltatement of, and 1WIUn~ of the balls for, the amount it es- tabllshed U just compensation. ~re the property Involved 18 own. er occupied residential property and I!I!ntalns DO more than four resl. 18. OQ. dentlal units, the homeowner &haD, upo"req~ be allowed to review a copy of the appralsa1 upon whleb the ~er Ii baed. Where appro- prlate, the just compensation for the real'property acquired and for Y. CltJ of Bu. clamaees to remainIn& real property &haD be leparately stated. o1J\ptr. 112. . (Added b)' St.ata.1971. Co 1174. p. 8161. I 12. AmeDded b)' 8tata.1978. Co 878. 11.) ....... Note Iffort to ae- Tho l1T8 ..0000...t _rtod tIll fifth _t.... nl8tiq to nri.. 01 . eoP7 of tIll .ppl'8Io81, iatlon of De- 0- ---- m, 8hal1 be : bIs InIpeOo .-".?n~ ., ........ .. """'1108, --- of .... --. - t 4. I'NÞcdoD of -. .. _to _. ---- of .... ..... -... ..- Û88 " II p-..s ., tWo -. - t '1212. ' ... ....... 'C' . -- .--.- " .-tIo8 -. (1112) I I'MIIIo U.U4. ~ ...- .... ...., ---- ..... Ðo8oIa "18. U.a. ..... Ðo8oIa . - 8t _. _It_. f 7267.3. IeIIec1aIIDc --ell. - """"""tl wrIttu - "1 8Ime to' w.- The eonItruction or development of a public IIIIprovwmmt 8haJJ Co hrt of be 10 8CheduJed that, to the II'DtIIt atet praetjcabIe, DO ptI'ICIII ,er. ...&. '12 c. 'Ii'7 -, 7--;2.tp '-' ,i;"- . , . .', I 7267.3 RELOCATION ASSISTANCE TItle 1 DI", ., lawfully occupy!D¡ real property aha11 be required to move from a dweIlIn8, usum1n& a replacement dweUIna w1Il be available, or to JDCJVe his business or farm operation, without at least 90 days' wrlt- Proport, 00tl' tea DOtiœ from the public entity of the date II)' wblch IUch DIOYe II . 'l2T4. req~ . ~~~ (Added b7 Stata.II1I, Co 1614, p. 11&1,1 IS.) . a.o W- 1810...1 Dol ~~~ lor ..- or -tin, - 01 - -... - I'NI~" 4¡, ....r or _I, 8Ih., .-- of II. 8Iftoa _tor ,..coetloo ..... J t 7267.f .. .-wed h, WI -... - I '/2T2. ~ I.Inr7 W- t U any llallldpol 00""..- "114(1). e,¡... llaIoIpoI 00""..- . DOO. t the power ( 0 condemnat! NoI8I " DIdIIa8 . It DeœIW". I, 10 ....... - I. tIle _bad., -pert" th... ... t fact of the '. ...'?:'" .:::~':::::o =-=:-: ~~ :.:t::- ':~.fú~=. °i:" :.=:: ~; ; (Added b7 S for 01...1 Impro.......t _alte<! III I. Y. S..lth (lITe) 121 CoLBPlr. 1166, Ið C. : _do.e<! 1II1""'Ptioa of _...' oe. AM Tt8. ~ ( ~rt.- I 7267.4. l'aIr _tal ftlae; Ihon..term _pier I ProtJn'T.4¡, , U the public entity permits an owner or tenant to occupy the I .. ,-, naJ property acquired on a rental basis for a short term, or for a pe- riod IUbject to termination by the public entity on short notice, the ""'1 DoR amount of rent required shall not exceed the fair rental value of the . property to a short.term occupier. ~ I 7267.7 (Added b)' Stata.19T1, c.16T4, p. 11&1, 114.) Owl 881- U the . P",pert, .....101- ., ,.- or """"'110., __II of - .-d... - remaInIn¡ ¡: I '127.. economic It . "'U::~:::;d: =";..1'~"'- of II. 8hbII _I., ,- - the entire p¡ I.Inr7 W- (Added b7 St ""'1 DomIID ~. e,¡... ,-t Do8aIIII-. . - I 7267.5. CDanioII to -pel.-' - pdee ::::=~ In DO _t IbaJl the public entity either 8dvanœ the time of .. .-wI< eœdemnatlon, or defer DeIOtlatl- or --tiaD aD4 the depœtt of fllndlill court for tbe \lit of the øwner. or take an)' other action . 7267.8 aœrcIw III llltun. III order to eampe1an qN8III8IIt 011 the price to .. paid for the praperty, (a) A11 (Added b7 Stata.1l11. Co 16'1" P. 8111.116.) ment ~ 718 !'Ju. 1 DIY, 7 DLOCATION A8SJSTANCB f 7267.8 i to move from a f t available, or to o-~ at 90 da)oa' writ. 11th 8Uch move J8 ~ ....w- ., ..- .. .......-. - er .... -. - ,f ....JJ::4òt -.or .. -.. etIIor .- er ... ...... _ler ...- - II ,_er ., dd8 -. - I '1212. UIInI7 ~ ~ IDoaIanI DoeaIII "170. Col... "181 DoeaIIII224. 8fw.--.- ,~ ;. § 7267.6. .llr '001- 0811 ; ÐoDclelllllatiOD P~P¡ lllltltatloa ., pabBe ea. tIt7 Iutead of ., ...er If any Interest In real property J8 to &e aequired by exercise of - _ra- . uoo. .::' 0'°, the power of eminent domain, the publle entity 8ba1I iDltitute fonnal condemnation proœedIn¡s. No public entity 8ha] IntentionaDy make It necessary for an owner, to iDltitute Iep1 proœedIn¡s to prove the ."'Pt",. tlltro .01 fact of the tak1n¡ of his real property. ..rd at loll ot roo. .... Á,,"I.I eouD', (Added by 8tata.1871. c. 1174. p. 1162,1111.) aI.F - III C. o..~ . P",Pt"' ..."JtItioal ., ...- or _tIoa, _noetI... of dd8 ~.... - 17274, . to OCCUpy the P",ttOtiOD of --.r or .....,paDl. other ,- of ... ...... _tor ,rotted... - 10 ptOridod hI W. ~.... - I '1212. 11, or for a lit- UIInI7 ~ JI't notice, the ¡J value of the IDoaIanI DoIDaI8 "188. Col.l. IDoaIanI DoeaIII I 109. F-c. J ...:.:...0) § 7267.7. ~tloa of _tire property; aftlduaoe of -- ~, 8OmIc _t If the acquIsI" of on!)' a portion of a property would leave the dd8--- nmaInIn¡ portIonlD a ~pe or condition u to CDaltitute an un. . ........ .. economic remnant, the c IIItity aba1I after to IIId l1li)' aequ1re the IIItire property If the 10 d8IIreI. (Add8cl1I7 8ata.1871, c.1I74, p. 11 17.) D. 0- ........ ' ~~ ~ ., ........ .. . ~ ---- er .... -. - . ~ , the time of ....... er -.or .. ~ .... ......... er ... ....... -- "'-" . II .-.. ., - -. - I '1112. the depœJt .r aetlon I 7267.8. ~ of - - - of lleprlctto . law' (a) .AD pubUe tiel ahaD adopt rules and I'IIUIationa to Impl.. _t pa7DleJltl and tò nloc:atJon UIiItanee under the m 7~~F _- . , .. . I 7267.8 ULOCATION ASSISTANCE '1'itle 1 01,..7 provisions of this ehapter. Such rules and reeuJatlons mall be in ..1..... .y ...1; S...er eo. .. conformity with the ¡uldelJnel adopted by the CommIssIon of Housin& HO C.I.R~... 0 Wh... - and Community Deftlopmel1t pursuant to SectIon 7268. Such rules 801 .....Ired " IJId reeuJaUons Iba1l, to the "(,uUest extent pc8ible, al8o be COIIIistent a.thorilY lor 0 U to federal and DOIIfederaJ "I'Ojecta. _d".'I".r (b) Notw1~ the ¡Ìrov1sions of 8ubdIYillon Ca). with re- § 7268. çect to a federaJly fuDcIed project, a public entity Ihall make reloca. tIOIIUIiItance pa)'lllllltl and ProV1~ relocation advJ8ory aa1Itanœ u required under federaJ law. \ . C"-erl1l ft67, added b)' Stata.1t69. ';'.1'89, p. ao.S, II, eff. Sept. e, Ca) Th< U61. lt8lllIIIIbered I ft67.8 and -lIDded Ii)' State.II7I, e. 1&7', p. 1160, I man adopt I t. .AmeDded Ii)' Stata.1172, Co 1807, p.I607,11.) ehapter and IIJ8IorIeaI Noie by public enl '1'1>0 1811 a.-o'l --"'red till "(.) Po"..... ad.. the p",""I... 01 Cb) Tho ...10. ud .."rol. the tlZl. "hleh p..vl. thl. eh.~I" .y the Do,."'1II1 of PobUe Ihall, to thE _IT NOd: 1I'orb lor proporty .""ai.ldo.o oIaoll ... Presidential "Po,..III.. ad.. tho provIIIo.o 01 Iblo III ....rda... wtlh ..01, ruI.. ud ..rai.. "'PI". .h.1I ... _do to .Ulibl. ptr...o do.. II ah.U ... adoplld by the deport. President of III _rd.... wttb ...h rule. ud rerw.. ."1. requirement 110.. II .b.n ... adopted by tb. 8tll. "(e) 8..h nruJad... ohaII pro\ido thai IIoord 01 eo.tro! lor proporty l""oIoIdo.. till po"..... ..d 1111...... .....Ired 01 . ty AcqulslUI ., a ...11 ....e". or the ......w.1 bod" poblie ..rity _d". thI. ebopt.. .b.n ... re¡ulaUons I of uy oth.. p.bUe uritl, for proporty ildlOi.l.t..ed ID . lOu..r th.1 10 '.Ir ud 8"'Iwotrio.. by ..eh ...riIY. Poym.... _,oDlhl, ud II uoItorm II p..elleahl.. Cc) Sue _d. ID ..Iotio. to prolllrty .""uI.itio. Th. "",loti... .h.n .1.. proYidt thll the ante require for _d. ud liNt" 'y ...blie udd.. po,..,... .boll ... ..d. I' pro"plly a. eth.. tbo. the ..... .boll ... ..do I. .e. ,.lOlbl. or, I. bord.h!p ""', I. IdvlD... tered In a m: .tdu.. wtlh tho pro1'lolo.. 01 Artlet. 8Ji 10 Iddlti.., tho ..",Iorio.. .hall pro,ido . tlcable. ThE (_.....elDl wtlh 8Ifti.. 1561 of Chap. _....hi, .11111' Jimi..,I.. ID ..lIrm"'. ;. tOr 1 01 Dhi.i.. 1 01 the 8"",, I.d IIIr the le...1 ud NO....bl, ..po... ID made u pro 8Irh...y. Cod, ODd ..eh ",I.. ODd "",I.. 1O.,'I'r I _au lor porpoot. ., 8eetlo. adclltlon, IUC 110.. II .boll ... Ido~led by tIlt 8.... Do. 7262." po......1 01 PobUe Worb." IIeod... 8. 8 of 8"11.1812, .. 1807, p. in determlnl '1'1>0 1812 1.""""'1 ....roll th. _. 1808. provld,: ness for P\II'I tIou, -'leh p"viowy _d: "Soe. 8. Tho Ltrlolatll" 1I...dl thai "(I. En.,. .. pro\id.d ID oabcllvlol.. tha p",""l... 01 tlalo .ot oboll .Id ID the Cd) In I (.), "",'.11 aDd" the p-.. 01 thl. ..uorm odlOillimllioD 01 _110. II. Community ) . .pl" lboll hi .Id. to .Ulibl. por.... oIo"",',..bIic allIiN th_boot tIaIo III _rda... wtlb ..,h rule. IOd ..",1.. ...... In¡ out the p ..... II .b.1I ... odOPled 'y the 8.... ..1It<:.8. 'nd. lot .hln _. .,.... (e) The IIoord 01 eo.lrol lor Proportl 8"'10111110'. II.. ... JIIr aft.. I.. off...... dott." ¡ ., a """ "'.'1, or tho 10Vt..w.1 NIIl Ihall provide of IOY "'tr ...bll, ..dl1. for proPOr\1 ! cIraftIn¡ and ...-.- ~y _b ..dll. . and to admIn: o-~ (Added 117 at¡ IIIIIr of - ad .....- adoPtad .._t .. tIaIo -. - 1 .,..8. 8tate.1171, e.1 I'NtaetJou " """or or -PUt. ..... pro- of 10" 8IvIIr _"r -- .... to .- ., tIaIo -. - 11272. actJ.8.C.A.1 ...... .,....... \ I. ........ .. .... wltbJa 11-_" 1ImI..- "rI. ! '1'bt un .... ..... fOrt -.Jt7 la_rI1 fIIIad ad. nit for _b -- a- -- ...........t " I .. adopt ......- ...... -.III .... No ""011"" IoooaPt If _th. aftor .- .. adopt eo ..... .... ... fer ....... -- 81D18at""" '- .-J f-"1 - 'l8O 7 - 2--"" ~;'§"}1t~";{~'1;i ¡";,)', ' ..\\i' '.".. ..' ..L<-' .. ;,.;:'~~jti. '.", . '..:A... ... . " '. ,<~ ' " , ".~~ ~ '" .;' '1'Id. l' DIy. 7 ULOCATION AlSISTANCE I 7268 .."... ~ ",WI< -dt7. 8Qorior I,.... ..., for tùIIe - ... ""rI,,'. .d, 8haIl be In B.n,er CO. Y. Port of Ooklood (11171) "",rod..,-,.... we.. Iooðoq"", of Ho~ 1~.~~~~ 72:~.':-. we. ::::::.:. Ia-'=-':""'::::: ~":; Suc:h rules 80. ....aI... to ......., eIoI.. "fo.. ",rt .... 80. ..rroð ~ -....... wb.o filed e conaIItent ::'~:1.::~ :.::::, ~ 1ø1~ = =~..of..r -,'. ",b' of ~ 111'::' § 7268. Gal4e11D. '" _...100108 of IIouID¡ and -1IJI1tY I UI1Itance tewIopmeDt for pa)'m8Dta ..4 nIoœCiO8 8IIIa1aDce¡ 8IIIa1aDae to puble ..tlUea eft. Sept. S, K ,C .. (a) The Commllslon of HOIIIIna and CommWllty Development '4, p. 8160, 1 ~ . ,. ,~ ,han adopt CUldelines for the implementation of payments under this - c. . chapter and for the unlfonn admlnJatration of relocation ualstance "'. - o. by public entltlea carry!n¡ out the provIaIona of thll chapter. .-III". of ~ (b) The CommIIsIon of Houaln¡ and Community Development -, of PobU. . shaD, to the fullest extent possible, c:onfonn auc:h CUideUnes to the =-=:.'~~ Presidential Guidelines promuJ¡ated by the executive office of the " Iopart- President of the United Statea, Office of Mana¡ement and Bud¡et, the a ....w. lb.. requirements of the Unlfonn Relocation Aølstance and Real Proper- .....1... of. ty Acquisition Policies Act of 1970 (P.L 91~),' and the rules and ::.~ :~u .:4 reCUiations promul¡ated pursuant thereto. , . :.::"~:.~~ (c) Suc:h cuideUnes ahaU provIde that the payments and _1st- ; .....ptl, II ance required of a public entity under this chapter ahaU be admlnls- :.: p~~::"~ tIred In a manner that II fair and IWUOnable and u unlfonn u prac. I Ia d.......... tlcable. The CUldeUnes shaD also provide that the payments ~ be ~ .:r.:~ made u promptly u possible or, In bardahlp cues, In advance. In addition, 1Uc:h CUideUnes ahaU provide a reuonable mIJea¡e Umltation J,.. 1107, ... In determtnln¡ the actual and NUCIII8bIe upeDR In movlD¡ a burl- ....... lbo' lItIS for JIW'PC8I of SectIon '7262. 00II old Ia 1M (d) In adoptln¡ auch CUidellDea the OImmJIIIon or ø-IDa and == .:; Community Development aha1I conauJt 1I1th the pub1Ic _tltieI eaJT)'- In¡ out the provIaI- of tbII cbapter. - ...... ......- (e) The DepartmeDt of ø-IDa and CammunIty Development aha1I provide CIIIIIII1tIn& and technical 88IItaIIœ to public _tlUeI In draftIn¡ and amendlD¡ rules and ncuIatlona to IIIIpJemeJIt payments and to admInIIter reJocatlon UIIItance UDder tbII dIapter. (Added b1 Statl.lH., c. 148., p. 1O4J, 11. eff. 8epL .. 116.. -'-tied b7 ~.. StltI.!.'l. c.1874, p.ala.118¡ 1tata.18'12.c. UO7,p.I8O'I.1 L) . C V,&C¿ . 81.. IICI, ...... Nolo .....~ ",rI. '1'10. JI11 """at -""" Do,... """t..-II"'r CWo .",.r .,1' - . WI. "part..... of ,.bIio _rb ... ....... ODd IN' ... ......... ...... of lib.. _.. .".. - .. ","p, ..... ODd ........... .. 18. ........ -tItIoo, _r .. ... .,...., _rtI' ... '81 7 - 3d -.- , ,. § 7264.5 oeeordanoe willi rules and ro lationa ado tod lI1e blic.,,', IUI el1& In I IW n te I ltate en or n 0 MI..an.. Ii.na .. .... co on 0 II I ter e termmalion 0 tato uralllnl to I. bl lIIn I to ..e MI .. an.. liona, 'Ii:":ø (b) No pellOn abaIJ be Nquired to .....e from Ilia or ber dw~ "-- 01 Ita ~uiajllon bJ I p~btic .,,111)', 1IIÙeI1 . . . CDmDll'able roplaeemenl --... . .. lnilable to .. ~ pm (e) ~ 01 cItterminh., the appticabWIy 01 labdmaIon (I), the pabtic eDtity II hereb, daai¡na U I d~1y I~thoriaed adminiatntm body 01 the - for the ~ oIl1ibdmaion (e) 01 (0) T Seetio. fOB 01 the Jleven~e IDd Tuation Code. 1O,.t\¡ (eI) . . . SlIbclmaion (b) abaIJ DOt apply to I dioplacad owner no ocr- ID wrttinr with the publit (b) } .,,1I1y to I'IIDIJJ> ID "",,"po.nC)' of the aequired chreIIin¡ II II'Orided ID I1IbcIrriaion (c) of SoCtion 7263. """er' IAmeDded by Stall,l981, .. 885, p. lIrn, V 4; StaIl.II89,.. 828, t 8.) 1lia2!..! ~J IIIa1orleal end St.aIuIorJ N- ~e, INI ..........L Subotitut.ed. ill IUbel, (I). the .........." -ill¡ ..... .......... be mad< Ifti> (Amen =..:~~~ ':=.~t..:~ :~:~~ -. the publk ..tit< ahaIl ... fuDcIo lulhoriMd for 11M IN' LoItolaÜOn ~f~:~ :: ~~'-t _f. .1It Tht 1889 "_t mad< I -ubotanti.. dtan¡e "(b) 110 ...... IIIaII be roqlliNd 10 ..... from bio !III J ill lubel, (dJ. IIIC! nwrote lubdo, (I) IIIC! (b). which hod IhreI1iD¡ -- of Ito aequioitíon b, I publit eotít¡o, 1OIbc!,(I provichd. ..... the.. iI replaeomen, ho"iDe. .. deocribed ill _ub. "(I' If -porabl< reploeeIMnt ho";'1 iI DOt """'). _ph (3) of lubdi- (c) of Soctíoo 7261. I"¡¡' obI< ud the publk ntit)' -- tbat -parabl< obI< 10 him," N- of DeeIlIo.1 II8t1 Len¡tJo of........... I I. Loio¡tII of - - lIiDet)' cla7 rooicIeoc, roq_t of Gov, Code I. Du' I. c...parable """"...nt IootIoInr I 'I164dit1notlpplylo~_toillbuildiJl¡loo CIt7'. 111- - '"'"' btinc -iderod tor Ju, ...... ";~:"':I alle~.i: ~~ ':lJ"¿~I:;~";:I~~~,=:! hoooiII¡ folio..... _lion of their _dol. whero III". t DO oo-,"bl< reploeemeot -iDe .... lnilable, tiooof plian.. wi~ÌI "" ud the~ entí~ement to 875 UI1Ì" Gar<io v. Aolhon7 (App, 6 DilLJ_) 26' Cal,Rp", 893. 0lio18<1 of "oompa..ble ..placement ho";'I," IIcKeon v, Bu, 211 CaLJ.pp.8d 867. I't\'ie.. dooiod, ..-, tinp Collele of the La.. (App, 1 DilLI886) 230 Cal, ...-. Rp". 176, 185 C.A,8d 877, _ilL -po t 7265. AIrport "...part, _lIiaIlIon; conllruou _rI7; 8d4I1IouJ _nt (I) I. addition to 111. payment& required by Section 7262. II I coal of aequiaitio.. 111. p~bli< enllt¡, pH: lhall make I payment to an, affected property OWDII' meetin¡ the Nquiromenta of \hi¡ aectio.. !!JI (b) The affected property Ihlll be immediately ""~:UI to property aequired for airport DlIOt¡ parpoiëï and the o...er ahall have 0Wt>ed the property ected by aequiaition by the p~blic ."tily ~ DOt leu Ihan ISO clap prior to the itútiallOll of DI¡oIiation for aequiaition of the aequired property, tolCQ - (e) The.r.yment, DOt to a-.! ~~ fin blUlcired cIoIIan~, abaIJ bell1e offer I amounT any. which equala the . ID the fair _et Y&Iue proper!)' of lI1e ..at affected property owner cauaet! by the aequialtion by the pablie ."tity for IIrport ~ of other :"tC ,.¡ property aDd I chanrelD the - of!!!! property. (d) The amo~nt, If aDY, of IOtuaI dactine ID fair lDII'ket Y&Iue 01 atfactocl prctpefto ahaIJ be theW determined ....."¡¡,,, to ntIoa aDd rt¡1Ilationa adoptod by the publie 8DtiI7 11t\'11IIDt to Ibia ehapter. = ~ ntIoa IDd ro¡ulationa ahaIlliaút II)"1MIIt under tIùa ~ to ~ eÎI'c1ItIIItIDe ¡" which doeline ID fair market Y&I~e of affactocl prctpefto iI Iy iid to objoetive pftpical =; cbatI¡e ID the - of aequired ~. (AIDIDdod by StaIl.II89, .. 828, It.) prope' allow. 8IaC8rIcaI .... II8IIIte87 N-. -M ..,.., -~ ~ !IIIl__-u..__pa,. Iii1 _I '"'"' 811,000 .. U2.500.111C! .... _u.....'"" -po, AIIcIItIon8 or ....... InIII88t8d .., I!!!!!!!!!!!: ....... .., ..... . .. 262 § 7267.2 cIIa Iadn a en " m7. Glddelboao for ...~Ue .Ulleo .. ere e a"" .... of DadoIou ) , e 1m ementa~" IU V1Ilon a 18-' c.:.JIptr. 110, 101 CJo.Id IN, -.; - 101 s or her chr~ ..... . ,i"U Y~ of.:"~r~ ~R~ I.CL 271, W tJ.s. 101, 16 U'.d.ZcIIII. £ØUI.ÌI>r . . . J! a"'::l:rto~ ~1ÚIiIio. by I . of lubdni8io. I the ~~. : Im.l. AequillIIotI.,. IIIpdatIon: ......... of the ltata tor;¡' the public llltity 18 hertb7 IIIrpGIea of lubclirilioD Ie) of (0) The public atity abaII make rtef1 """'¡'Ie Iffort to aequIre apadIIiouIl1 ,.¡ property by "" -, ""'" ..... in wm;" ",oâaIioD. r u provided in lubcli . . r with the public (b) Real =- ahaD be appraiIed before the iDlâalion of aerotialiona, and the owner, or the 889, .. 828, f 8.) V1IIO. Ie) of SeetinD 7263. ....er'l delipa repreHDtative, lhall be riven an r"it)' 10 ....1Dp&nY the appraiser dwiñr .. or her iDlpeetÏon of the property. Ho..ever the u lie en' IDI """,ibe a roeedure 10 ..aive 810..,. N- ... I niaal in ..... involvin the utaltlon lie or onatlon 0 ro ..., a 0" Ill' mar et ::"";:1:"'" _not otherwiH bo iliad. !!.J!!., ~ for Whief:: ~ ... fundo authoriled fo~': ¡Ame.ded by 51&18.1989, .. 828, . 10.) 'IiDc acquirocl .. IfOJ."'::;'¥' or. .......t thereof, IIiItorical ud 8-10..,. Nolet .b) No poreoo IbaIJ bo . ho....,. IHt Lor\8I8Uon .!IiD, "-- of JIa 1'Iq~ 10 ..... fro.. Ilia The 11119 ....._1 odcIod the - ........ of ... the.. ia "PIa..m~lu:":.~ by a publk entity. "bel (bl, ..1&..., 10 waiver of the appraiatJ, ..d made ~~) of aubcüvi8ìon (e) otte:n ~'1.~ai~ DOOIUbatanÛYO .....,.... 0tI8 N- of Deeillona _01- Duty 1 .... (API'. 1 DioLl8lO1271 Cal.RpII'. 11,221 CaI.App.1d 18. et¡. -11<1. -. City'. allt¡td IfOItIiat 10 purdlUt poFÛOn of land at : cL . apply .. _':':.~ment of GoY. Code fair mark.. value.... aot Ulumption of dory of apocial WIled land from bom .....can" In buildín(l on I. Ðvly IfO- - lando...... who tOu,ht 10 dovelop , followinr "rmiDo¿ f idtrod for Jut "'on Clry'. alltred a...mp' .. kttp land i1I uodoyoloped ..maioln¡ ~ of land; like all propony arquirod _ble ...Iocomen,":' tho.. "....eito, w.... ""', ita alleredly........cable offer 10 pu...'- por. :J:>:.h """:':::~ñI~~ š:;:~~ :~~:-i ~ Azothony (API'. 1 Diall~~~~9w~ available. non of land, ..d ita allt¡td pla......n! of font>idablt of San Fraociaeo (API'. 1 Diollt90) 2'71 Ca1.Rpu. 1 , p.3d 467. ..vit.. do_. .R.... 893, oba...1tI ",path 10 ..~ of land could no' bo ....""~ 221 Cal.App.1d IS. . .. eo.ump~n of ......) dory to -, land~...." '!Ilia ...Iion did aot im- on eIt¡. ,...,,1 tort dory """"'0; 011)'" alltred .... wo.. boI' cltarnbed eo willi "",,1 10 lando....o,,' applirauoOl for dovolop' ft7; addlUona/ """"0.1 =ÎI'::rt¡adv;:lIIloy.~~c:..~":f';.:--~ ~ll~~:nð ~.r.tc.¡f.~of ¿rA~;taù" CApp. u a east of aeq . . . ..tinr the roq.l::,uon, the public entity . 7167.2. lull co...pt!\oaUon; property off- for IÙt .., -or; offer f., 8810 donned me... of thj¡ leeti I!) Prior 10 adoptinr a _Iulion of -.it)' pIII'IU8nt 10 Seetio. 1245.230' and iniâatinr unu. 10 property. 0.. Itt.ed by aequiaj' aequired for airport DtCâaliona for the acq1Úlilion of....1 property, the publie entity &hall eatablilh 811 IIDOunt ..hieh it to, oeQ1Úlition ;o~b~~blie entity be itveo 10 be jalt OOIDpoualion therefo" and &hall make u offer 10 the......, or 0WDtrI of NOOn! bundred cIolIara property. 10 acqwro the property for the fuU amount .. 8I!ablilhecl, aolou the ........ .......t be _bed with , IDarUt YaJ.e ~,5(jQ), lhall be tho _nable dili¡tuee. The off., IDlY be conditioned upon the Jeriolati.. body'. n(fieation of the 0Iic entity for ~ e property of the offer ~ ......Iio. of a ...- of acq1Úlition or adoption of a ruoltalion of -it)' or both. In no IUrpoaea of othe, event II the amount be leu than the public ntity'a approvod appraiul of tho fair market YaJue of the ~"( Ally dtc:ruM or iDcrUM in the fair market YaJue of naI propert¡r t.o be acquired prior : ..:;;: :: .8f!8tt.ed IfOperty &hall be t.o dale of nluation caUMd by the publie åDproverotllt for which the proport' It acquired, or by 'D ODlt to ~.i.:: to thio ~~. the w.alihood that the proport' would be acquired for II!! åDpronlfttlll, ølher than that due 10 pbyaical do_lion within the ....,w,1e ...1l'O1 of the ........ or "::1:":1, abaII be cl/artprded in ..... 11 ~ to ob'~ m wbid> dtterminiDr the OOIDptDI&lioD for the propert¡r. 'I1It publie ..tity I pro'ride tho ........ of ""I ~Ye ph,ylieaJ property 10 be acqalNd with a wriIItD ._t Df, andllllDllW'1 of the buio for, the _ount it _tablilhecl u jalt OOIDptDI&IioD. Whtrt tho proport' _Ivod It ......, ooeupitd _icltDâal proport' and ...taiDI DO IDOft than four I8ÎCItDtiallIIÚta, the bomoowMr abaII, apoD nq.eol, be ... aJIowod 10 I't\'iow a eopy of the appniIaI upon which the off.. It buod. Whore ..:r:.pri&\e, the I":t OOIDpoualion for the ,.¡ proport' acqalNd and for cIaroapa 10 NIII8inÎDI property &hal be 88I8I'alely llat.od. Notwilhatandúl ,ubclivúoion . a bl.,.... IDI make an offer 10 the ......, or owne.. of NOO 10 ,IN"" or . an IIDount w It VOl 10 lcom n"tIOn ... re or e.... .0 e or "' owner at a . II n . 'I' ...... . . . -- or ........ IndIo8I8d .,. ........, ........ '" ~ . .. 263 7 -31- .. -- - nliliod.. = 1'ftIporty1ioo".,. dt1 with -poet.. y. .... """"""tion _uct ill ; dtT.:.O - _Dahl. &lid iIIlt '. ... 8Dd tIIjo_o, of -, dt 7117.1. """don of tntln '" .....pertf IIIotorIcaJ d SIaIaIo N I!J If the .equÎlition of onlf.a porti 8ft '7 - pe or condition U 10 co~titutA! or 1182 "-M"'nL Subeliluted tile ~, It tile ..... of "for ..hid> ,ueh JII'Opmf it t<quirod" Pin lIIe entin property if the own berinnin, of th, rust Hnltn" -., "th, public ",haU be cIitrervdecI" for "1riIJ be diarorardod" ÌII A ..h... ~al Pro~rtì' ia .olity .hall" tor "Befo.. tile ini""tion 0 ",O""lio.. fourth ...It.... (b) t:.rson f no. 0 hI! for ...1 property"; and tollowin, ",h.1I make" .ublli- " raon been full m 0 reo luted "an off,r" for ". prompt otf.." and followin, 1113 ~-nL Werttd . ~Itu '!!t.o"",, onatA! . ro rt an art . "off.." inttrted ".. tile own.. Or 0"'", of roeo,,¡"; .., be Ioeoled W1th -Dahle diJ,.e... .. tile r.... U .e entl' .tA!nom. raor inttrted tile oecond ..nltn,,; ,ubllituled "tile" for Hnltnco. 989 e. 828, f 11.) "",h" befo.. "property" in tile third ..nltn,,; and I", "-M"'.L Dtoipaled"" f-- -;0". mended by 51118.1 , ,ubeli'uled "tor wlUch .... property it acquiroed" ÌII It .ubel. (a) and added ,ubel. (h). II1II< 1111 LtrIaIaCion . Crou Rerennceo Tho 1889 _nd...n, ,~dtd tile '~,bdi~ Iio.. deleled "and may P~L;;.1I<t Exoe- of lili,.tion, "u" .. ....id.. off.. made JIaolution ot neceuity. dtdarotion to "'It that oft" II} Ud tddtd .ubel. (hI 1910...,.. - 0 p"""" to thit ...tion, ... Cod, of Civil Procedu.. IIndor thio "'lion hu been -', ... Code of Ci"¡ , f 1250.410. Procedu.. I 12<5.230. lad of' HlW'do.. ,ube...,.. on prope"y to be ..quiroedby "IH1.8. .... and ..... 001 P ..Iloo1 diatrieu. otf.. to p"",hu" tee Code of C,v'¡ I adopt ruJ Proced"" f 1263.760. (aJ All pubUe eotitiea lhal. . . IhiI : ..Iocatioo uaÎlllnee uDder . ";111 tile . . : ."11.. and ~""latio.. La.. Revle.. Commen- Development . . din' . . .ubcliviaio I'roeoode....tion A<livitioo-Challen,;n, need in Col. (b) Nptwitholln 'k>eatioo UlÎltanc:, ifornia. B..ndo K. Rou. ..mment, 31 San.. Clara entity .hall make ~ I Ia LRey. 1e7 (1990). roquind WIder fede.. w. (Ameocled bf 5_.1980, e. 1182, p. 195 No... or DeeI.loOl """""1 Utility', "property Inle...," In ita Public Utility eo... - 01""""" I IIeoJ """"' I -ion eortif'ltd Hme. ... - "- -" iDler. - --'01- I -L 80 that dt1 ..oJd ""'I"" ill_.. 0017 It 11m L - 01 ....,..... .... otfer .. uliöly aad - uliöly with - - -, UJlIaiainr why after - Jut, Cftr 0( San For - of "C' 0( -::,:- I. r........ J... Y. a_, Oob 11'- Q,. ~. I Ditt.lll'T) 11'1 ....... of -- .. -"" CaJ.II¡nr. IU.I. 112 C-Ud 100ð. 'I\io ....... -llblitbto "-to.,..' '"'I-.. .. -'-101- f 'IH1.t. Ha8pro11t,...... - - ..hid> ..... be -...,¡ by "1 public nCity ~ to Iai"".. _at domain ~ u...""h I'IOO/u- Offer to. proporty to be IIha bf -. domain (I) Prior ... the Ioitiatioo of DOptiat Iioa of -ity. City of San J... Y. a_. Oob ....., be -...- II' - "'-' 01- tor IpoeiaI - property, u dorm 11'.... Co. fApi. 1 DiaLIII'T) 187 CaLII¡nr. II4.\, 112 .... ......t -llbliahtd II jut _. JIwopIt -= publie ..tity or publie I1ti1it¡ C.A.1cI1005. .. 191 Dopt. of 'I'nup. Y. Colt (App. 1 Diat,11t2 . oeq hieh II other than oonprofit, ..-- ~~IO, 7 ColApp.CIh 1JIII, -..me ....." ~ ;:...... aequired. by pu~1ie .. IlinUaaIioa of ..... all ...... to utility', -~ """""" - WIivod 101 Ñjoetjao 10 -., to, -Iruetioo. _IOn, or uopro tar t- -- by dtT. duplieolioa 0( ...... - damoiít...... 10 Idoqlll<' 0( - --.. ...... (b) 'nú8 - do. DOt apply 10 aeti ... II... -titatad "taItiar af proporty," to. - - 0( - 0( otter for .... proporty II' foIIiq to =::. aequirl nIl property or an11o.. IIIiIity - enlilltd .. II! _Cion aad _n.. oI>jtet durior odIniniotrsliY. ~ bet- tile natural pi, or flood eootrol _Ie aador 10.. of_nt domain. City of San 'I'tau_tion Canuaioaiaa. Ie IX NI. Dopt. of =in ~moval or deatruetioo of uiat J- Y. a"" Oob 11'.... Q,. ~. 1 DiaLlII'T) 11'1 TrouP. Y. Colt (A>p. 1 DiaLllft). CaJ.II¡nr,Jd 780. 7 _r'. praeot or propoood UH. CaLiper. IU.I. 112 <:..ud 1005. Cal.APP.CIh 1JIII, ....... dooitd. -.. doaitd. (Added bf 51118.1992, e. 7 (S.B~I), f 6. AdcIIUon8 or ....... IINfIaetecI ~ !!!!!I!!!!!!!; ......... ~ --- . .. -or--- 264 7-33 -_. .~~." .-,~ - n_- -"'--.'" .. -. -. _. Gf"~RNMENT CODE f 7267.9 Iln7.8. Condemnatioa procttdlap: IaaUlutioa b, pultUe oalil1lu1t8d af b, on., Nolet of DoeIIlo... L I- pnenJ _pe_n of 821.000 ia ,... of _ibIe _...nt ~~~ ':r ~':.a ~o~~= of at leu. 160,000 &lid ill ..tII&&I to _r -...- ....... .... boIh .....-bit, &lid clty'l - ert'; city'l procnndemutioll conduct In thNote1lÌl11 _tituted bNch of ........., duty - tIIiI -, IOIICIemutioll ... ......onab1' and Inttrferad with Cit» 01 1M """100 e, TiIem (11113) 111 CoI.Rpt>, 121. _r'l .... &lid eojo¡'men. 01 -rty, clty'l offer 01 142 C.A,8cI 114, ' 17217.7. Acqalollioa or tlltirt propertr, POIåMe or ~ -I; --a of propert, !!J If tilt acquiaition of only a portion of a properly would Iea.e tilt ~ In ouch a thapt or condition u to co...titute an UDtCOnomic roDUWIt, tilt public 8D1iIy a I offer \D . . . acquire tilt ",tin properly if IiIe owner 10 dnn, A roon ..h..e real ro ia btin .. uired in accordance with Ihia ch& tor 1118 after tilt roon as enu'mona 0 .. or er n t to receIve ust com nsaUon or e ro ona.. t e ro m' anv rt ereo an mterest erem or on com nsaUon 01 ere or too IU Ie entltv ..ename v e gerson, lAmended b¡' 5tall.l989, c, 828, § 11,) Hlltorleal and Statutory Not.. INI LettalatJon TIle 1989 am,nd...n. add,d th, subdivision dtli¡n.s. lions, deleted "and may" pro<edinl "acquin" in subel. (0), and add" subel, (bl ..latina to donation 01 property, 17217.8. ...... and ro¡uIallo., of pubUc e.IIII..: prlorlt, of federalla... (a) All public entitita shall adopt rul.. and re¡alatio... to implemeot poymente and to odmiDiater ..' 'tion usÌltance under' . . tltia chapter. The.e rules and re¡aiatio.. ahall be in oe<ordance . lie'" rules and re""latio.. adopted ÞY'1he Department of Houainl and CommunIty Development' . . . (b) NotWithstandin¡ . . . subdivision (a), ,,;th respect \D a federolly funded project, a public IOtity shall make relocation assistance poyme.1O and provide relocation advisory ..aÌltance .. nquired under lederollo... (Amended by 51811.1980, c. 1182. p, 3959, § 1; SIOIO.1989, c. 828, § 12,) N.... of Decleio... -'n of .-"...nt I acquind by S...te by _oation, tho department ot - "ne..1 oervicea did not ab... ill - in adoptioa "(IIlation provóclinl that te..... in common would be I. _Ion 01 depart...nt collectivoi)' entitled, .. a "family" to only OM payment For po."...s 01 po>.",..t 01 ..Iocation benefitl to 01 ..Iocation ben,fitl, Albrilh. e. Slo.. (1980) 161 ...... of ....... on Itooed property "hich bad beeo CoI.Rptz. 311. 101 C..ud It. I 7217.t. NOBprof\t, opecIaI - ~ MOIuIIIIion ~..... (0) Prior to tilt Initiotiou of ne¡otiotioua for ocquiaition by a public 8Dtity or public adIit1 of _profit, apeciol ... properly, .. cItfmed. b, Soction 128/i.l5ó of tilt Code of CtriI ProœcIun. tilt ooquirinl public entity or public ub1ity ahall make ....., N8IQII8bIt effort to MOlt oIteraoti.. property ...hich it other than nonprofit, apec:iol - properly. Ho"..er, Ihio nquirtmtaloholl nol tlply 10 proptrtieì acquired by public entititl for \nDIporIation purpoot8. Includia¡, bltl aoIlimited 10, die conatruction. upaoaion, or ImprovtlDtnl of alrltlo. birh...,.. or ran...,.. (b) Tbia ItCÛOO doto not apply to oc\ÎODI or p!OCtedInp com...-d by a public 8Dtity or public 1ItiIity to acquire real properly or any Intertllin real prot'trly for tilt - of ...Itr, """', eltctriclt1. telephone, aalurol po, or flood con...1 facüitita or ri¡ lO..f...., wbtrt Iboot ocquiailioaa neither IIquirt removal or ....truction of -tin¡ 1mp1VVlllllD1o. - ruder tilt properly omfil for tilt . tWDtr'a _nt or propoaed _. Wdtd by 8"18,1992, c. 7 (5.8.821). I 8.) AllclIIIoM or -- --.s ~ !!!I!!!!!!!!; --- ~ --... 0 .. 265 " 7 -3 c¡ . '. ~:.~ :~3-f:;!t~.. _f" -~.: .'~ . ~ ~.."., '" :' .'. § 7267,9 GOVERNMENT CODI GOVERNMENT CODE lIIoIorIeaIand 8I8tuto1'1 N- CHAPTER 17.6. USE OF A f'{ 11ft ~ "1110 ........ ...... br tIùo 1<1 ohaIl appl1 to ...- - 7 of 5"".11112, .. 7 (S.lI.82I~ ........: = "r1ï:a~ ...-.... -- GO or"" Soedon 7119.1. Telephone baaed interpretation Ie: 7 ._~ L a,.,- funda. .. f JI8. -- a, _lNG, Co lllZ, .. 185t, f I 7119.5. Eaemptiona from lurvey. and ropo f 7_. - of..,...,18; --.... and ",bUc -.. I fltl. Lo,Iaiati.e Intent II! No POJ1llOllt received by any penon uder IIùa chapter or u tenant reloeation Ulia- Law II< ~.irod by any alate ltatute or local ordiDanee ahaIl be conaidorod U IOCOIM for tho pllfPOlel 0I1ÒI enonallncome Tu I.&w,Part 10 (commencm¡ witn Section 17001) of Diviaion 2 of tho Ro"'.""" ~~ Eo"";:r. Paul Pouer (April 1810) : Tuation Code, or tne Bank and Corporation Tax I.&w, Part 11 (commeneîn¡ with Soetion 28001)" ..,.... . Diviaion 2 of tne Rovenue and Tuation Code. No ent received b an non ';"der IIùa cha ter ahall be conaidorocl u iDeo... . I fItI.l. Telephone ~ Interprelallon roaou"", t.o any I'OC1plOnt 0 pu c Ulillanee an IUC paymeota I 11 not be deduetecl fJom tilt aIatI.., rund. amount of aid t.o which tne recipient would othorwiao be entitled under any other proviaiona of .Y. ~to &¡e1I<ÌOI may, utilizin¡exiatin¡ fund (Amended by Stata.I98S, Co 1490, fl.) oddition t.o empJo)'U1¡ bilin¡ual penonl in p Nota of Dodaiono ,Added by Stata.I99I, c. 376 (1..8.483), fl.) I. ~:'!'.::::~..""~c;:.'7 "locatio. MliI...... ~...::- .:rl:::~:: =': :.....:iI= 112111.4. State a¡oncl.., IUne,o: I'OP<N'I II'm<1I". DOt be ~':::¡¡.red u ill..... or ......... or lIumay Y. Bo"", C.A.9 (C.ll 1l1li6, 7~ F.2d III Each alate a¡oncy lhaJl conduct a I....e, ( aoy 1'8CIp".~ w..t. Aoo.CaI.GoY.Code I 7269. did not all of tho followU1¡: ill Tho Dumber of public CODtact pooitiooa f 7271. Quul,pubUc oatit" eomplianee with chapter: uemptlono Ib) Th be . . e Dum r of bilin¡ual employ... 10 . (a) If a re.olution ia adopted under Section 1245.330 of the Cod. of Civil ProeodUft co....tior 10 odoer !ban ED¡liah. . tne acquisition of property by eminent domain and the penon autholiud by the roaolution to acqw.. (c) '!'be Dumber and pen:enta¡ f ..-- the property by eminent domain acquire. the property by pun:hue, emine~omain, or othorviot »wn by native Jan¡ua¡e eo noD'..... that penon .han provide relocation Idviaory u.islanco and .hall make any of the poymenta rvqw..é .- iõDõ made by public entities punl.lnt t.o tne proviaiona of this chapter in conformity with ÙJiI (II) '!'be Dumber or anticipated vacanciu 10 chapter and the .¡uidelinoa adopted by the Commiuion of Houain¡ and Community DoveIopaD: ¡el Whether the UII of contracted tel~hon parluant tD Section 7268. -.. ID Dublle contact oo.,tlon. II lerv1ñ2 t . . , !!l ADy other relevant iofonnatiOD roqueatt ~ This aection doe. not apply t.o public utilities which are lubject t.o tho proviaiona of A1Iido! Each a¡oacy ahall calculate the porooota¡e (commencin¡ with Section 6001 of Chapter 3 of Part 1 of Diviaion 1 of the Public Utilitiel Code or. >!IIœ by rouncllo¡ the pen:enta,e arrived at I public entitie. which are lubject t.o . . . IIùa chapter. !'be ""'0)" NOuJta lhaJl be nported GO . lAmended by Stata.1989, Co 828, f 18.) ItIiYmd t.o tho board not later than Xareh 8 "-doc! by Stata.l990, c. 478 (5.8.2468) f 4 f 7177. Ápplleatlon or ehapter: "offered for aaJe," defined; - In writJ". , (a) Tho uiroment tD rovide relocation _iotanco and benefita im b IIùa chapter .haD.. 1181.1. Eztmpt¡ono froJo aDno, l1li. npo apply t.o a pun: . 0 property w II 0 e or e, """er, proportJ bein¡ sold. !'be State Poraooool Board may uempt ota. uocution or foreclOlUft 1&Ie, or proportJ boio¡ oold parlU8Dt to court orcIor Or udor - ..... tho State Poraooool Board doterminOl t ."porvlaion if tho property 10 any of tilt f""lOin¡ aituatiooa II either -..piod b, the ...... . . Ia no. -pied, and if tho offer for aaIo II DOt induced by public .ntity diapoaitioo. plaoDod ........ ...., cIoea DOt fumiah iofOnoatioD tioD, or NClOV01opmeDt of 1"",,UDdin¡ Janda, aod if tho aaIea price II fair market value or ...: " " '1110 ......." baa COIIIÍIteotJy received Ivel dotormlood b, a qualified appraiaer, and if no fodoral fuoda art Iovolvod 10 tho """"'" ¡e;¡¡, !bat it baa DOt beoo required t.o employ' CODItructioo, or project dovlloplDODt. "Offered for aaJo" .... either adyortiaod for lilt . . fa WIler . publication of ¡loon! eireulation publlahod at lout - .. not or lilted with a IioooMd I0Il- loon! for :; _lYe. an uomp~D, each ata~ booker aod publlahod 10 a multiple Uatio¡, parlU8Dt to Soetion 1087 of tho em! Code. ~- than ~tioo aod ~Ive approval v . ...., --utive,oan. (b) At tho tbnt of maIdna an offer to acquire Pf'IIPOfV ODder ...bdmaioo (a), public ootItieI ~ bJ State 1991 Co 246 "8 no) f 1) oofy tho peopI\'t1 ......... ID wrItio¡, of tho followio¡:' " .... ._, ' (1) Tho public OOtity'1 plana for drroiopIo¡ tho Pf'IIPOfV to be acquiNCI or tho.........,.lill 1 2IIIA. ...... 01 --. _rt 10 Lo,IaIt Pf'IIPOfV. Tbe-~oftho . (I) I0Il7 Nioeation.....- aod boDofIIa prvridod parluaot to - law wbIt:b tbo ........ ., Seato "-001 .;::;:>: 'rI~ :"~~b ......... may be fOflOID¡. A8eodad bJ 1ka1l1990 (Addod b7 8tata.1984, Co 148, f 1. Amoodod by Stata.lt84, Co 1523, t 1.) JIt). , Co 478 (8.8.2468), f 6; ~ or ........ IIIIIID8t8d .., ........, ........ .., ....... . . . ........ ., ....... IIIdIo8t8d .., 266 , , -" . ~ 7 -.3~ THE crrr OF CHVIA "7STA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on an matters which will require discretionary action on the part of the City Council, Planning Commission, and all other 'icia! bodies. The follo\\'¡ng information must be disclosed: ~ 1. having a financial interest in the contract, i.e., contractor, ^' 1 If any person identified pursuant to (1) above is a corporation or partnership, ]ist the names of an -' individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the }1artners~ b . . é5 ~ (.(~ç.<-. . ~ ",J e.(1-{ -!t 4(,Æ- /)6 L. A ~-J <:::;,.,(.6.e.a., r. /::.1./. k::~ L. --;h - c'3 ¿ . ßI2..,d>~ 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.t2- --- 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 twelve months? Yes- No L 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. ¡t/ D ¡V e...- 6, Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes - No L If yes, state which Councilmember(s): P,'r'nn is defined as: "Allyindil'idual,jirm, co-pannersilip,joitJ/ l'el1ll1re, association, social c/llh,fmlCmal organizatioll, corpoNl/iol/, <'>ltl/('. mIS/, rcceil'er, s)'lIdicale, Ihis OIrd 011)' oIlier cOlllro', ciO' alld COIlI1I1)\ ciO', mullicipalio', dislTiCI or olher polilical suhdÙ'isiulI, or OilY oIlIer group or colllbÌ/Wliol1 aclillg as a lilli/," L~Q (:-':OTE: Date: ..... Za~ure of contr;¡C2PliCant /IÄ~ (J U~J~ Print or type name of contraclor/applicant . \:, ',\ OISClOSLTXT] 7-37 w,."".., II ;"""1 -'- ?-3~ RESOLUTION No.~;l 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 caJ;?ital improvement projects are currently budgeted which requJ.re additional right-of-way for construction; andr 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. P;¡b~ ~ ttIOf «ohn P. LiPPit~ector of Bruce M. Boogaa ity Public Works Attorney C:lrslanderson.cc 7 - .3Î í-fð RESOLUTION NO.~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH ANDERSON & BRABANT r 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 WHEREASr 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 No. - (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 ä n behalf of the city. Presented by ('.;/1 . /1 -j'J -', 1""'-.'.. "-- I; {/(~"/,j:':~:/'<:_' Jdtn P. Lippitt, Diféctor of Public Works C:lrslanderson.ra 7 - II 7 - /f;r- JOINT COUNCILIREDEVELOPMENT AGENCY AGENDA STATEMENT Item 9'",- I b Meeting Date 3/15/94 ITEM TITLE: a) Resolution /7'1-/.3 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 /3ri 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 ~ L::J . Community Development Director(:, ~ REVIEWED BY: City ManagerÆxecutive Director ~ ~ ---- (4/5ths Vote: Yes_NoX) 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. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On November 15, 1993, staff sent proposals to 40 firms 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 firms 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. f?-/ Page 2, Item~ Meeting Date 3/15/94 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 fmn 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 CIF 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 basêd 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 CIF ,f-;2 Page 3, Item ~I' b Meeting Date 3/15/94 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 formulated 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, tS 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 Council/Redevelopment 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 permit 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. SI.HHl, No.: KY-OI3 WPC F:\HOMEIENGINEERIAGENDA\1682.94 ýC-5 This yage íntentíonaIly left blank. fl-<{- -------- """-~-"_c_--------- 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 pwposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City-related entities as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business foITl1 is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business foITl1 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 teITl1s and conditions of this Agreement; (End of Recitals. Next Page starts Obligatory Provisions.) WPC F.-\HOMF£NGINEER\1677.94 Page 1 5? -~ ---- .. -- -------------------.----- 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 perfonn 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 perfonning and delivering said "General Duties", Consultant shall also perfonn 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 tenninate 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 perfonned 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 perfonning the Defined Services herein set forth, City may require Consultant to perfonn additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, Ü they are within the scope of services offered by Consultant, Consultant shall perfonn 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 perfonning any Services under this agreement, whether Defined Services or Additional Services, shall perfonn 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. WPC F:IlIOMElENGINEER\l677.94 Page 2 5:'_/ 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 foM in the attached '3xhibit 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. (I) 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. (1) 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. WFC F:IIIOMElENGINEER\1677.94 Page 3 5(1-7 / .. ._-_..--------_.~-~-- (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 telTl1s of this Agreement. The letter of credit shall be issued by a bank, and be in a folTl1 and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the telTl1, "Letter .Jf 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 PerfolTl1ance 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 folTl1 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 pennit access to its office facilities, files and records by Consultant throughout the telTl1 of the agreement. In addition thereto, City agrees to provide the infolTl1ation, 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 perfolTl1ance of this agreement. WPC E\IIOME'Ð<GINEER\l677.94 Page 4 9-9 n ----------------------------------------- -- ---------------------------------------'--------------- B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. . All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to 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 party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall tenninate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- fonnance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based WPC F'\/!OME\ENGINEER\l677.94 ?-9 Page 5 -- - -~~--~------- h._- 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 IS, 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 detemùned 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 warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently WPC F,"OMElENGINEER\l677.94 Page 6 ~-/O -- - ------.-..-.--.-- ---.----.... -..----------..- ..._.- "'...-...- 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 15. Consultant further WaITants 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 performance of this Agreement Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the 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 incUlTed 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 terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. WPC F"'O/olE'l'.NGINEER\l677.94 Page 7 Y- II _._. ~----~-_._--_.~-_. " ---- 9. Errors and Omissions In the event that the City Administrator detem1Ínes that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Tennination of Agreement for Convenience of City City may tem1Ínate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such tem1Ínation and specifying the effective date thereof, at least thirty (30) days before the effective date of such tem1Ínation. 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 tem1Ínated 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 tellTlination. 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, infollTlation, 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 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, follTls 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 perfom1Íng 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;I/IOME'Ð/GINEER\1677.94 Page 8 S?- - /7- ""~-""~~----- employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has flfSt been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the 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 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. WPC F^"OMElENGINEER\l617.94 R- Page 9 /3 - -~~._---- ------ -.-..-. - 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;fied herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shaH be the City of Chula Vista. [end of page. next page is signature page.] WPC F,\HOMElENGINEER\1677.94 Page 10 5? - lif ---------- --- -------""---~----~~" - ------- SIGNATURE PAGE TO AGREEMENT BETWEEN CITY 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. WPC F,"OME'ENGINEER\1677.94 Page 11 ;?- /< --, -_c_~-_c_--------- -_c_---------- This yage íntentíonaIly left blank. Y'" - I~ '-'-------"--.. ....__..._~~-.- .. '..-----..---- w .__._.~-_._---_. ," 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 chartered corporation of the State of California (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: , a [insert business form] ("City") 3. Place of Business for CitylRedevelopment Agency: City of Chula VistalRedevelopment Agency, 276 Fourth Avenue. Chula Vista, CA 91910 4. Consultant: Ryals & Associates 5. Business Form of Consultant: () Sole Proprietorship () Partnership (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 WPC F:\HOMNNGINEER\1678.94 Page 1 k-- / '7 .----........---'--.--.-- ..-----"------'-'" .-- 7. General Duties: Consultant shall 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 cþ6oo0 et seq. (state or city funds, and/or 42 U.S. Code cþ4601 and it implementing regulations 49 CFR Pan 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if City acquisition) or Redevelopment Agency Resolution l'~umbers 79 of 5/5n7 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 FederaVState 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 pany, 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 supported 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. wPC F"'OME£NGINEER\1ð78.94 Page 2 9- IV 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 terms of the owner's attitude, problem areas, and the likelihood of a negotiations impasse and the probability of an eminent 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 termir.:.te the agreement and/or assess liquidated damages as herein provided. 8. The Consultant will recommend eminent domain proceedings in the event an impasse is reached in the negotiation process and provide City with suppoI1ing 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 peI1inent data relative to the transaction will be included. 11. 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 information. 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 mav include the following: 1. Preparation of conveyance documents, right of entry permit, temporary license to perform work, encroachment permit, 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 propeI1y. 5. Provide relocation assistance services and administer the relocation benefits WPC F"IOMINõNGINEER\1678.94 Page 3 y- It? .__._-_._~~~-------"._._--,_._---,.- ---~._..._---_. 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. I: 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. () 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 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 peIformance of these services. WPC F,"OMeENGINEER\1678.94 Page 4 'if-J.c) ----------------- 11. Compensation: A. () Single Fixed Fee Arrangement. For perfOlmance 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 fonh 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 perfonnance of each phase or ponion 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 fonh . 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 perfonnance 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 perfonnance of said Services, at the rates or amounts set fonh in the Rate Schedule hereinbelow according to the following tenns 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 perfonn all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). WPC F:\HOME'Ð/GINEER\1678.94 Page 5 K-JI ----..w_---- (2) (X) Limitation without Funher Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $100,000.00 ("Authorization Linùt"), 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 Adnùnistrative Assistant 25.00 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the perfonnance of services herein required, City shall pay Consultant at the rates or amounts set fonh 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 $_: WPC F,\HOMJNòNGINEER\l678.94 Page 6 k' -d..2 13. Contract Administrators: City: City of Chula Vista Roberto Saucedo, Senior Civil Engineer Consultant: Ry," & "'oo"',~ ~ J Richard Ryals, President 14. ~i;"W~~ D:::"~:_--~---M ~~ ~Other: IfisãêKnowledgedby~ parties that ti~ the essence in the \ completion of this Agreement. It is difficult to estimat the amount of damages resulting from delay in .performance. The parties ve used their judgment to arrive at a r 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 c~ dar day in excess of the time specified for the completion of the res ctiv ork assignment, the consultant shall pay to the City, or have withheld fro onies due, the sum of $100. Time extensions f~ ys beyon e consultant's control, other than delays caused by the City, all be requeste . writing to the Public Works Director, or his designee, Pg 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. ------ 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer () Category No.1. Investments and sources of income. () Category No.2. Interests in real property. () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. WPC F,IHOME\ENGINEERII678.94 fJr)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 incOlT:": 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 subnùtted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for subnùssion of Consultant's Billing: () First of the Month () 15th Day of each Month (X) End of the Month () Other: WPC F,\HOMÐéNGINEER\1678.94 f' - 2C/ Page 8 C. City's Account Number: Varies with project 19. Security for Perfonnance () 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 detetmines that the Retention Release Event, listed below, has occurred: () Retention Percentage: _% () Retention Amount: $ Retention Release Event: () Completion of All Consultant Services () Other: WPC F""OME'Ð<GINEER\l678.94 !-;{S Page 9 , Thís yage íntentíonaIly left blank. F - 2(P - , . I '1265.4 RELOCATION ASSISTANCE 'l'iUe 1 Diy. 7 08U 88f- -pialDl III H ...- ., ....... or -po"~ eth.r ,rotIIIou ., low 8hIaI -,.. .-- tIaatI -. oalbori.,. .. ~a tI.., wro.r II ,...will b7 tIIio Medoa, - t '/272. a)frio, Blrar . ......, a.r- . r~Io::7,(28'17' .-, Do8aIo "180. c.I.. -, DomoIa t Ø8 It .... I. Hoari... ¡ .'tboacb Callr, ..... " ...... low doel .., UI - .ad ,b. "bln I. II ....... -,100 ho..rit a-...tal ."""'t for lI_doa IS' ., Itto"'11 I_. Iolerlor Btnat a Bo.. 1oJ,Iy "ported ::-,.::"~ '::.:.rr::~ -:"" 1~:4 &hf:ù.ìJ:-B ~~~ (18'171 1.0 w/dd, ""1 ..,ri. ~, ., Lao Aa,.1 .aptr. J88. 81 I '1266. lIe"'ew 111 pallUe IDtlt)' or reIoc&tlOD appea111to&rð AJrboach ..Ioco, .., up....I, ,.. wWeb 1fIde... II (a) If a relocation appeals board hu been estabUshed pursuant ...1. "",,a¡""..'1 to Section 33417.5 of the Health and Safety Code, a dty by ordinance the ..riA' þ_. "'" or I -.... may desl£nate the board to hear appeals from aU public entities, ex. "..I.d of .., ...' C' œpt those ltate a¡encles which bave an appeal process, on the elJ&I. t...,lu,lo. oa '0 . or po,...., latho. . blUty for, or the amount of, a payment authorized by this chapter. 01010... low, ClI) B.)frio, eoo.. fo (b) Any person a¡¡rleved by a determination u to el1¡1bWty (J87~, 128 CoUIp for, or the amount of, a payment authorized by this chapter may 8. lllal.... bave the application reviewed by the public entity or by the reloca. \VIo... IPIlU<u, I tlon appeals board if authorized under subdivision (a). The review IrIoID& h, tlna. of of a determination by a eommunlty redevelopment a¡ency may only ...hUe IItll, "" I odmlDlo'18ti.. ...., be made by a relocation appeals board estabUshed pll1'lWlIlt to Section !to laD... .. -b 83417.5 of the Health and Safety Code. ;, d.. .......... ... rio, Blral a Bu,., (Added by Statl.19u, c. 47, p. 102, I S.8, eff. Feb. 28, 1974.) Jood (J8T7, 1.0 CaI , , 181. Ølltorlcal Note Tun, who IoJJod of thlo - with r ........ t 'I2etI. .dd.d h, Bta'".1888, e. D.rintl..: "'m.. t 'I2etI. 8IIdod b7 -tlaa "'1fI1I . wrl, of """'111 .. - 1t88, P, 8Oi3. t I, pro\1dlD, 10' 'b. flaol. Btato.1-, .. ltØ8, p. 8OC3. t J. - lathori.,. to po) It, or yo\'I..' h, ",hUe 1II'1t, of po",." þltitlaa fo, wrl' of I oIItIbUi'y or amOUD'. WII "leal.d h, for -.,- wI'.1D Btata.lll7t, e. .7. p,IO2, I 8.11. ...11 of fOIlDll fiIbI¡ CloD 88f- ~ ......rI.,. .. e, PNtoodaoI of ....... ar -put, ..... ,- ., low 8hIaI _'Dr ""'-"" . '1267. II ,rooided b7 tWa -. - t '/272. , GaJ¡ UnI7 ...- In order to 81 IIaIeIpoI OorIooro- ..nT. c.I" IIIo8foIpoI ao......-. t 1808. 8I'ty by qreeme: < eGDpItIon ID the ( ...... "....... -. the public PJ'O8JV. '"""'" I I. II""'" ~ acqul¡ltlon prac:tic, PIIII'" of""'" . ...... 110ft 88tMrIt7 ......... 181, '" ". tkable, be IUlded -riot. I .. .......' .......' It ., 1111 ., -plaia, ...110..1 8 for _eb ., .." I0Il -- tho..h, clualve. except tha1 ....... 8 ~ -- ., --- for ...... 1 8IJd Section 726". 'IN .., .... . ..' ":'/- - ... -., -.,.. , , ~ _.. -------- 'l'We 1 Diy. 7 DLocATiOH A8SISTAHCE I 7267 -lIIaIDt 18 --ratio. -.. to _rt .-.. ....- .. IIttt.t.. rDII. .DtbDrltJ eauld .., .. No'" .. eom. ... t. Ioat""t. IIooruttoa 81M! P.,t ~. tIaa, "",.. ,-..ta.. ".. _plo,ed. IIIIt. (¿pp.1870 JJO CaUlp'r.l8II. .... ,...- t8 laptrlor It",t II Bur,r Co. t. Port of ~ ... '" ... ~~.(18771 1~ CaLBpt,. 1111. '12 C. loa.", -.... -::'"'~... ..~;.:= : """'tIa.. lilt -.... ".... dt, -rbt J. Htarl... to ....1.. tilt ",,"'rt, for at""t 81M! ... ... 1118 at - ¿J.boarb CaBlomID --doe -- =.~ ':s":":';'::' '::'::'~~t~ ':~: Ia.. doe. .0. up..ul, ""rid. fo, bur. .....tJo. 8011..., ba...... ..., "bo I8r ..d 'b. IDtiar of erid.... ... Iu.. 01 had ub.UI"" ....' .d.18Io'..'.... "';"'1.. "_'10. ......flll. ..ci, ....1...'.11... ... ....Irod to ,- b, .., 01 ora ' f.lrl,. IDlpo,,'" b, th, ..ri... ,_.. -plolot ...klor ""'Iolo,..th', "Ud:~ ..rIo, 8t",' II Bu. "bleb .0, .rrrl..teI ""00 ..., oIe...nd. .0' ..Ib.. tboo b, .., of ."..or to )at,..d tlmJ 1~ CI., of Lot Aor.i.. .. Dochr (1870) 112 d','. eoDlplolo, 18 _la.ot ""'010 CI" Id 887. Cal.ftptr. 188, 01 c.A.acI fH. of MODOtalo Vit.. t, 8...rI.. Co~n lor ¿Jtho.rb ..Ioeadoo 8881.- 10" doe. lleota CIa.. C....r, (1876) 128 CaLRptr. DO' upr,..ly pro.ld, fo, . h,arlor.t - &f c.A.acI '12. - ppeaIJ board "hleb ,"d.oee 18 ....Ir'" to .. taho, JI a -.""'.. ha. .... "01'" clal.'" t _I. ....IIIDI..11 ... f.lrI, lDI""rttd hy _tloo ....1111 h, ad,'"" .ctlo. 01 ))!shed puI'SII&I1 the ..",.. p-. "hleh ~.... _0. n. tb. ...tIt..oIor pohIJe to,lt, DO III -... .t)' by ordinance .ct. of . eo.d.DloI.. ...bbo. to,I" 00 'I" ri.,,- of .... claim h, Ita ro.,nalor hod, d...ood 01 80' ",rlOO orr"..ed h, . d.. or eth.. .pp",prla'. ..thorl" It th.t :Ilic entities. ex. """Iotllon .. It ,Urlbilit,. for or ...o.ot _..0..'" ..ha...teI hi. .;...101..... .. on the elI¡I. ot ..,..... ..'horl.ed b, """'100 ... tit. _telllI, hl8 081, judicial ....edy H.. ' . ..... te .1..80.. 10... CI', of Mo.o.alo VI... t. 18 ..dtJollÜlr th. aD.,.rlo, eo." for nlitl '1Y ""laP r. I.ptrl.. Co.rt 10' 180.0 CIa.. Co...y Coo adInIrWo,..d.. _oa Jd U ... elI¡lblUty (1876) 128 CaUlPtr. W, &f c...Jd 72. . . . II dlapter may I. Mu.a... 4. "1&&1117 '" ""'1.. th 1 Wb... appllo.., lor ..Ioca"o, "pto... Dtci8¡00 of pohIJ. ODd', .. to ..""a.t r by e re oca. .ritl.r b, rin.. 01 .cq.I.I'lo. of 180d by of ..Ioeatloo~ ..pt.... .tlt, ,ro",r" 18 I) The review ,.bll. 80'11, ... Dot ...w,ed .. po..., _t.o fo, pablic po,-, 18 &01 ooly a. . on! adml.I....ti.. ""'0010 10 lI..t -t&Dee, CO ....tIooa of flct. Ia..rtor It rut II ¡ency may Y lit IoU... to -k ...It.. bJ ad8lloi1l... S..... Co. t. Pon 01 o.tlaod (1877) IUaJIt to Section dn ..aocl8.... WIt DO' laproptr. I.... 1~ CoUIptr.I1II, '12 c.A.acI 887. rIor 8'"" II Baar.. Co. t. Port 01 o.k. Iaod (1817) JtO CaUlp". 0111, '12 c.A.acI "_Iow 887. Wh... port athorl,,'. """""... for To...t "h. loUteI to uha..t ...."'1.. """r OD eIoIDI. 10' Nlocado. upea... ~I~':'~~ ::-DO~O ~"J: f: :.=.~.:. DO'::'-:¡,.~~'~": I 'l2e8. addtd ., ~t .~th~~-;:':'" ~ro::: ::.=-:; =r:.::.=~ :'~=-.:m':: 063. 11. ..dtloo fo, "rI, of _It WIt """"" WON fIIID8 Ita -lIIaIDt fo, _h --. :::"ta-:'l:,.:t=.r -=-~':.:=:: t""" un::r ~~' ~...., ==~ I8r _tharl" DO D .......wID 18.., (1177) 1~ CDLBptr. 111. !II c:¿a, 887. Ite, ..-- .... I 7267. ~ for pùIIc"'" JD order to 8IIeOUI'Ip aDd expecIJte tile ac:quIIItIoa III 181 prop. r, .: erv by qreemeJltI with 0'II'IIe1'I, to 8WId IItIptioa aDd relieve rporatitot . JØ. - . con¡estiOllID the COUJ'tI, to I8I1re CIIIIIiIteDt tratmeDt lor 0WJI81'I1D tile pubUc IJ1'OI!'81DI, and to promote pubUe CIIIIfideJIœ ID pubUc land acquilltion praetlœs, pubUe IlltltieI 8bIJI, to tile IJ'8t81t extent prac- 0 ponoltttel nit 18 tlcable, be JUlded by the PJ'VYillQIII of Sec:ti0lll 'r267.1 to 'r267.7, In- , "aJ of -plalat clulfve, aœpt that the JI1'O\'IIiOlll IIllUbdlvtllOll (b) III Sec:tion 7267.- ~' ~;o~= 1 aDd Sec:tiOIl 'r267.2 8ba1I DOt apply to tile 8CQUilltiOll III IIIY- 765 'g--d ........... - ' ; . . I 7267 BELOCATION ASSISTANCE 'l'iUe 1 Diy. 'I ment, rl¡ht-of-way, c:ovenant, or other D~ry Interest In real I 7267.: property to be acquired for the c:onstruc:t1on. rec:onstNc:t1on, aJtera- -K tIon, enlar¡ement, maintenance, renewal, repaIr, or replacement of Befon lUbsurfaee It\ftl'l, waterlines or appurt.enanœs, drains, IePÜc taJIks. entity aha.I ... atorm water drains. 18t1on ther (Added b7 Btata.lnl, Co 1174, p. 1110, I 10. AmeDded b1 Btata.1871, Co ty for the. 108, P. N2.ll.) ò be Iesi the JIIII8dea\ Note value of IU value of ft ft. Ø7I ..-at _nod ... u. ....... I 'II8T ... --....... I 'II8T.- milled by ...-. . &84 ...1DIIt4 ., 8&&\8.1871, c. 1614, Po 1180,18. ! qulred, or ¡ o8u 88f- IUch Imp'( within the ...,.rt, ."",ltIoa. " po""" .r """"dn, _raedOll of WI ..cIOII, - ¡ prdeð In d 1'7274. entity 8ha1J Proh<1Io. 01 .....r or omJI8IIt, ath.. p..- of low llriII& _t.. .-"'" t 10 proridtd b, tIIIa -... - I m2. written Ita- UInrJ 8-'- I tab1lahed ., ......t DoIO8ill "180. c.J.s. E81atDt DomaIIII 188 ot 184. er occupied dentlal 11JÚ\ ..... .. D8cIaIoIII I . copy of tI I. I. ......1 prieta, the CIt,'. fall... to follow pkI.II... for ..n. ..04._.riOll. '1'000.. at, 01 .... dama¡es to _tlalilll with 1884.....r _4.. tlolo He. to Berber. (1879) 161 CaUlptr. 812, 88 (Added b1 I 8100 ...14 .ot .rea.. ..... 01 led. Ia Ia. c.A.84 8ð4. 178, 11.) I 7267.1. AcquIsItion tlatlon; appraIaaJ :.. (e) The public entity Ihall e every reuonable effort to ae- '1'10. 1IIT8 .. quire expeditiously real property b nerotletlon. _t- Nlati (b) Rea] property Ihall be app before the initiation of De- lilt appraIuL ptlatlons, and the owner, or his desl ted representative, ahaJl be liven an opportunity to accompany the railer durin¡ his InIpec- .......~-:'" - tlon of the property. ~~'-) ~ L' PIotoedoo 01 , (Added b)' Stata.1871, Co 1174, p. IISI,lll.) Iop_r 0- ...- .......~~ ., ..- or .......-. --- 0( IbIo ..... - ....- .. W.IU. ...... of -, or -t, ...., .- 0( low aM8I ..... ..- ..... 10 p_td ., WI ..... - I '1212. . UInrJ ...- "'11108 ..... Do8aI8 "118. c.J.I. """t Do8aI8 1- 01 184. I 7267.3 . ...... .. ......... I. ......... 681 ~"' ... --.... tor .... - The em ~ ..- of -, 0( """t ... ""110' Itrot A ~, Co. o. Port 0( .... 10 - ......-.. to _t of roo 0ûIa8d (18'11) 140 QoI.8ptr. 111, 11 C. be 10 8Cbed. IoIa8Ioo - "1 It to ........ AM lIT, '61 ð - 2-f ~'.:,f~"[~~'~~è,'k,r-1,1\;-'., .-.. -,i .~..'~L ' S . .~:?~~.~:~t.. . . - .. ..... .~ -'," ",' '. ., _. - d- -.- ,_.. . . . DIy. 7 ItBLOCATJON ASSISTANCE I 7267.3 'l'We 1 C'eIt In rea) Jut 8OIIIplllllatlclll¡ 8fler flIlair 88I'Ir8t alae; writ- ~on, altera. ... ItIItemeat; rnIew fIlappralal alacement 01 lid the InftlatiOll 01 DeIOtIatlOllllor 1'881 property, the public leptlc taIib, Rc.-';~;;'~ elltlty estabUsh an amOWlt which It believes to be juat campen. atlon there , and 8baJI make a prompt otter to acqu1re the proper- lata.II'1I, c. t,y for the full OIDIt 10 estab1Jahed. JD DO event IhaD 8Uch amount be Jess than the ubllc entity', approved apprallal 01 the fair market value of such property. Any decreue or Inè:reue In the fa1r market value of real prope~ to be acquired prior to the date 01 valuation ...... 1 '1287.- caused by the PUbllcìt:csrovement for which IUch property iI ae- m. Co 1674, Po qulred, or by the likell, that the property would be acquired for IUCh improvement, othe'r, than that due to Phytlca1 deterioration - within the reuonabJe con~ of the owner or occupant, wID be dllre- ...-.- aarded In ~tel'minJn& the COIJ1pensatlon for the property. The public ......,... Pea entity IhaU provide the owner V{ real property to be acquired with a written ltatement of, and 1Wnm~ of the buis for, the amOWlt it es- tabllsheclu just compensation. _ere the property Involved iI own. JI, er occupied residential property and~ntalnt DO more than fOlD' resl. 8t. dent!aI units, the homeowner 1haD, ~ rtqlielt, be aDowed to review a copy of the appraisal upon which the òfler Ü baled. Where appro- prlate, the just compensation for the real)roperty acquired and for 8. Ct., ., Bu. damaies to rema1n1nc 1'881 property IhaD be .paratel,y 8tated. oLIIptr. 812, . (Added b)'Stata.I971, Co 1/574, p. lIllI, I U. AlDtDded b)' Stata.1I78, Co 178, II.) ...... Note dfort to ae- Tbe 1818 ......... -..eoI tile fifth -.e... releÙDI .. ..01... ot a eo" ., iatlon 01 lie- tile appraloal. !ve, aba11 be 0.. --- : bIa 1DIpICo P-I".b1~- ., ......... .. ---. - at - -. - P-.. or -. .. _I. atilt. ........ at 10.. ...... _te. JO-.I8a..... '. "'-"--'-1'1212. . law ...... t' I ... .--.- --- -. pm) I I'8oIfIo 1.1. U4. : ....- .... UnIr --- -..., »-ala _18. U.8. --- »-ala . IZI at - 881_. I 7267.3. IeIaeI11dIa¡ .---aM. . ~; WJItteD - 8oe; time ... *- The COI1Itruc:tIon or deve1opmat of a pubUc: bnproyement 8baJI I Co Port of be 10 lCheduJed that, to the --flit extent praeticab]e, DO PIZIOD ... ..... u Co 'la7 fi-3d -. '-' ¡¡¡"- . . . .j . I 7267.3 RELOCATION ASSISTANCE 'l'ltle 1 Diy. 7 IawfulJy occupy!n¡ real property shall be required to move from a dweIlIna, usUJllin& a replacement dweI1in& will be available. or to move biI business or farm operation, without at Jeut 90 days' writ- P""'" aoc¡, fleD DOtIœ from the public entity of the date by which web move II 1 m.. nquIrecJ. . Prot':~~ (Added bJ Stata.~"l1. e. 1174. p. 1161.1 IS.) . a.a..,- .......1 Dol ~r/n ~ ., ........ .. .......-. -- 8f - --. - 1'NI.!t- f.;, ...... 0' _to 8thor .- '" Io. 8hI8I _to, ...- IMII I 7267.f Io '-011 ., - --. - 112'/2. ~ u..r, a.r- t U any IIDIoIpoJ 00.....- "81.(1). c.r.a. lIaIoIpoJ Oorpo..- 1 noo. t the power ( a eondemnatl IiIoC8I II D8eIIIo8 ,It DtCItIS8J", I. 10 ......, - to tIlt -"""" propo",. ,b... woe t fact of the . . .:':'" .=:~,:::::a .::-=:O:~; :.~~. ~~a~~::. a~~ ::.:: ~; ; (Added bJ S fo, 81...1 Imp""""'1 _1>1.011 bI 80 t. 8...lth (1878) 127 CoLBPI,. 888. Ið C. : _=0011 .tt,roptloo '" ..........' a.. ...., 748. ~ I ~", .... I 7267.4. FaIr rata! nlue¡ Dort-term _pier î Prot.!,¡':,?f.;, . U the public entity permits an owner or tenant to occupy the I . ,-, real property acquired on a rental basis for a abort term, or for a pe- riod IUbject to termination by the public entity on abort notice. the ......t Doll amount of rent required maD not exceed the fair rental value of the property to . mort.term occupier. . § 7267.7 (Added bJ Stata.1971, c.11174, p.116I,S".) a- a.r- U the . P"""~ ...0181- b, ..- 0' ---doo, -- '" - -. - remaIn1n¡ ~ 1m.. _omIc ft . ~:o"::':::;~ =0;' "ì"~"- '" Io. ..... _lor ,rottttloo IMII the cUre pJ u..r, a.r- (Added bJ at """1 ~ e-IH. c.r.a. ""t Do8aIa 1828. . '-r/n" - I 7267.5. 0DenI0a to -pet..-t .. price P~ .., a III DO I'Y8IIt 8ba1l the public llltity either advance the time of . '-" IllllldemDation. or defer De(OtIatlOlll or CO"""""'tJoD aDd the depaIIt fIl fundllD court for the we of the cnmer. or tate any otber action I 7267.8 eoercIve III uture, III order to eampe1 all qrIIIDIDt aD the price to .. paid for the ~. (a) .AD (Added bJ 1hata.1171. e.1JT4, p.1181.1111.) _t II8)'IDt '1&8 'IIde 1 DIY. 7 ULOCATiON A8S1STANCE f 7267.8 t to move from a t available, 01' to 0- a.r- at 90 dqa' writ- úch IIIch move Ja :I ~rty """'d80 ., ..- .. .......-. -- ., 618 --.... 1m.. PNtoodoa 01 _r .. -1, .or ........... ., ... 810188 _ler ..-- - "p-.,---.-I'I2'I2. ....., a.r- ~ ""'t DoouIa "lTO. CU.8. ""'t DoouIa 122.. 8f - --. ... '. !" § 7267.6. -t.r -- - ; Ðalldem1Iation proœedlDp; lutltatlon b1 pabUe D- tit)' IDItead of b1_er If any Interest In real property Ja to lie acquired by exercIse of - ......- I uoo. .'. Ok the power of eminent domain, the public entity 8ba1llnstltute formal condemnation proœedInp. No public entity 8ba1llnteDtionally make It neœaary for an owner. to institute IepI proœedInp to prove the 0"'1'0"'. thoro .a. fact of the takInr of his real property. ..rd o/Ioa. 0/ roa. .... 04...1.. eo...., (Added by Stata.1971, c.la74. p.ll82, liS.) &I.F 888, N C. Qwu a.r- ;,. P"'I'O"' o<q1Ú8ltloD. " """", or _tIoD, __011 8f ... _011,'" 1m.. ~ to OCCUpy the ProtOOtio. of ..... or ......a.'. other '-' '" ... 810188 _tor protoetl.. - Ia .",ride<! h, - -, - I '12'12. 1), or for a pe. ....., a.r- 3rt notice, the ¡J value of the ""'t DoouIa "188. CU.8. .....t DoouIa I D. . ..:.....,ì § 7267.7. . AeI¡1dIItion of _tin propertr; aftldaDoe of - "C J ,- "-... .-Ie _t If the acquIaI' of oaIy a portion of a property would leave the ---- remaInID¡ portion ill a ab,ape 01' OOIId1tion U to CClllltltute an WI- , ........ - 8COIIOID1c 1'I1D1I&Dt, the c IIItlty 8ba11 otter to UId may acquire the llltire property If the 10 dIIIra (.Added IIJ Btata.197l, c.1I74, Po 81 17.) D. 0- ...... . ~~........ ., ........ .. . ~ ........ ., 618 --. ... I .. the time of ~ ...::.:-.~ ---;.:r~ ., ... ...... -- ..- - . the depœlt Itber action I 7267.8. £-;-.. - - -.. lie price to . Jaw' (a) AD pub1Ic UI8 8ba11 adopt rules UId I'8I\IIatiOlll to ImpJe. ment PI)'lDlllta IJId tò rtloc:atJon U8IItaDce UDder the 'IH ð -J;z- . , " . I 7267.8 ULOCATJON ASSISTANCE 'I'IUt 1 DI,.. 7 provisions of this chapter. Such NIes ad reculatlona Ihall be In ,.01..., .,. pub]i Ba.", Co, Y. eonformlty with the 8\Úde1ln8 adopted by the Commission of HousJn& ltO Cal.Jlpl., 0 Wh... - aDd Community Development P\I1'IU8JIt to SectIon "l268. Such nIles 8Ot nq.l..., 1< aDd re¡ulatlona 8haI1, to the f.ullest mllDt pCIIIible, 8180 be eoaaiatent 4I.'h.PI,y for. U to federal aDd IICIIIfederal proecta. _II.. If..r . (b) NotwithItandIna the ¡ÌrovUOJII of ÌUbdlvialon (a), with - § 7268. IIJICt to a federally funded pro~a public 8lltlty IbaIl make reloca. ticIII aaiJtanœ pa)'Jll8Jlta aDd ~ relocation advIaory 811iatanee u nquIred under federal law. \ ("-erb' I '1167, added b7 Stata.lt69, e~',1C19, p. INS, 11, Iff. Sept. .. . (a) Th< US9. lIeD-beNd I '1167.8 aDd 8IDlDdeclli7 Stau.II7!, Co 1174, p. 1160.1 IbaIl adopt I t. AaeDdetI b7 Stata.1972, Co 1807. p.16O7. 11.) chapter ad IIIItorIcaI Noie bypubllcenl '1'ho IITI --..t -_be"" th. "(b) Po"..... ad" lb. ,_10" of (b) Tho -. aad ....rot. lb. Int, whl.b ,...1. thl. .h.pt" b, lb. DoportmlOt of Pobn. 1baIl, to thE _I, nod: 1I'orho fop ,ro,.rt, I..,.aiaillo.. .boD be Presidential "PI,..... _If tho tfI'O\'I8Io.. of Ibil to I_rdo... with ...h raI.. ODd ..raJ.. .,..r Ib.1I be ..d, I. .nllbl, por.... do.. u obaU be "o,tod b, th, deport. President of III -"'"... wltb ...b rule. ud r.,w.. .,ot. requirement ..... U IhoD be IdoPlod b, th' 8..11 "(.. 8..b nruJoII... obaU ,roricl, thot "'rd of Coal"! for ,ro,..., I..,.uilldo.. tl.. po"..... I.d 1111,..... nq.l..., of . t)' Acqulsltll ., I ltate ar".y. or till ....ralar bod" publl. ..ttt, ODd" tbI. .bop", .b.U be re¡ulatlons I at 80, oth.. ,.bll. ullt" for ,ro,.rll .dml.I","" to . .ID... thot 18 f.lr ud ...aI,llio., b, ...h utlt,. PI""'" ....o..bl, ud u ulfo... u ,ro.IIOIbl,. (e) Sue _do ID ..lItlo. to ,ropert, o..,.oI,ttio. '1'10' ..rollllo., .h.U .1'0 ,rooId, thlt lb. ace require for _d, ud It..... b, ,.bU. ..lId., ,.,...... .b.1I be mod, 0' ,romptl, u atII.. ..... tho ..... .h.1I he ..d. I. .r. r:':~~~i::: :,h:,~~~o:':i:.1:' p~~~:,"~ tered In a D!i -- wI,h tho ,_.. 01 ArtI.l. 8.15 tlc:able. ThE (_...... wllh Iootlo. 1&6) of Chip, _.o..bl. .n.... 1Im1..'io. ID dell""'" ;,. t.. 1 01 1>,,'1.10. 1 01 th' 8""1' ..d 10. th' ootual ODd -....bl, "".., ID made u pro 8I.h...,. Cod. ODd ...11 rul.. .od "",I., "0,'1.. 0 baoia... for ID""" of Iootio. addition, lIIe 110.. u .boll be .dop'od by 110. 8..11 Do. '1262," ,.rtm..t 01 PobU. "'orb," _. B, . of ""',18'12, .. 1JO7, p. In detennlnl n. 1812 I.nd...t ....rote tIll _. Il1O8. ,..YId,: - for pur¡ Iloo, ftI.b ,rerioual, _d: ...... B, Th' Lortollt\l.. Iotnd. that (d) In f -(.) £S.." I. ,roriclod ... IObcll1o1.loo tile ,rorioI... 01 thlo lot oball .Id ID tIll (b), "'111.... ..d.. th, ,roriolo.. 01 till. l1OlIo... "miDI"rotiOD 01 _do. u' Community . "'" l1li11 he ..d, to ellrtbl. po"'.' oil..... b, ,.bU. ..lItito th_bo.t tbIo III aoc:ordo- with lO.b ..1.. ud rerull. ltall. IJI¡ out the p -. u .b.1I be odoPltd b, th, 8.... "lee, 8. Tld. Dot oh.1I """" _II' (e) The Boord 01 Co.tro! for ,ro,..., 1ICI00.ltlo.. II.. ... JOIr ofllr /to af/ood.. elat.," 1 ., Iota.. ar..." or th, ....raIa. Mdy 8haIl provide at 80, oth.. ,.bII. ..d17, for ,ropertJ' j drattIn¡ ad ~~7_b..dt:r. . aDd to admIni o-~ (Added b7 Sta II'IIIar ., ..... ad ......- adoptll1 ",_t .. tbIo -. - , ftBJ.8. 8tau.1971, Col PntoetIoII at ..... or --.. oth.. ""- ., 10. II. _..r --.. 'GV.l.u., .. -- ., tIIIo -. - , '1212. ..... ........ . I. ........ .. .... wItbI8 I8-8O8do 18Ito- ",rI. I n. JITJ .... ,..... "'rt 88tbor\tJ -_r17 faIIod ad, nit '0' _b NIoeotloo a- ... ..,.-..t of I II adopt ......- - -- ........ 1Im-'7"""""'t If _lb. afler .- .. adopt .. ....... - - fop NIoeotloo - "'-1"'" '- .-1 -"7 ... '180 Ii .-J3 . , J;f~'i1~tÇ';".ft,i;~'c:{1,...~........y.~."...' .... ".'..'.' '<: .;;.;';;~tr:: " .. . -' ,e~ '... -' . ".,,~ ~ '. '. ';' 'rIU.l' DIy. , ULOCATiON ASSISTANCE I 7268 trod ., ",.11< .dt7. I8porior I,ral. ..., fer ,uue -, ... atMrltJ'l ed. 8ba]l be In Incer Co. y. Port of o.kla"" 11m) lIIaIat"dYt"",,'" -... 8dlc¡lIIlI, of HouaIn& J~f~::;':~72 n"~I':-' _, =0:::":-'::-':""'=':::'::":; Such ruJes 80' ""'a!rod '0 p-' eI&IlD "'ort ",rt .....,......., -..- wkn flied . CCIIIIiItent c.'d:' J:~ :-.::; :=:s ~.. tt;..r;: = =~t..r _"I rlckl 01 ~ 1rir::. § 7268. OaIðeIIDea ~ ..-_1-'011 of IaouIII& 8l1li -1IIIItY I usIItance feveIopment for .-)'mID" ..4 nIoœUoa 88latuce¡ 88latuce .. pabUc _tlUea .,(. Sept. e. K ,C ... (a) The Commission of H-mc and CommlØllty DeYe!opment .., p. 8160. I ;:. . ,'i~ ahaJ1 adopt IUlde1lnes for the implementation of payments under this -' c.. ' ehapter and for the uniform admlnlatratlon of relocation usIItance , :;.' - - -. by public entltlea ca!T)'in¡ out the proviaIona of thll chapter. ~OD. of r (b) The CommIssIon of HOUIIn¡ and Community Development -, of P.kUc '&hall, to the fullest extent possible, conform auch IUideUnes to the :-:=.I~~ Presidential Guidelines promul¡ated by the executive office of the OJ Itpart. President of the United Statea, Office of Kana¡ement and Bud¡et, the I ".oWe 11111 requirements of the Uniform Relocation Aas~ce and Rea) Proper. ......Irod 01 I ty Acquisition PolIcies Act of 1970 (P.L. 91-ð46),' and the Nlea and ::~ :t,u,:: re¡uJations promul¡ated pursuant thereto. :'::'::,~~~ (c) Such culdellnes ahaU provide that tilt Payments and _1st. ; ".lDpll, .. ance required of a public entity under thll chapter ahaU be adminIs. :: p:~::'~ tired In a manner that 18 fair and reaaonable and u uniform u prac. 1 .. ",....111. tlcable. The IUldeUnes &hall also provide that the payments ~ be :. ':r~ made u promptly u pouIble or, In bardlhlp cues, In advance. In addition, auch ¡uJde1lnes ahaU provide a reaaonable m1lea¡e Umltation J, ... 1107. Po In determinbl¡ the actual and rtUOIIIble upeIIIt In moviD¡ a bull. ..,- IlIa' - for JIIU1IœII 01 SectIon 1262. 0811 lid .. De (4) In adoptÚI8 auch IUidelInea the CømmIaaIcm 01 ø-tn¡ and == :; Community DeYe!opment IbaU conault 1rith tile pubIJc IDtItiea C81T)'- - ""'0 IDa out the proviaI- 01 tbIa cbapter. ...,..- (I) The Departmmt 01 HouaIn¡ and CaauD\JDJty DeftJapment aha1I provide CGIIIUItIn¡ and t8chn1cal 88IItance to public IDtItiea In dratt1ni and amendIn¡ rulea and re¡ulatlOlll to ImpIemeDt payments and to acImInIater relocation 88IItance UDder tbIa dIapter. (Added b1 Btatl.lHt, c. Ult, p. 1Na. 11, "(, Sept. .. INS. ~deCI b1 ~ diU 8tsta.lt?l, c.11?4- p.l1u.111; Btatl.ll'f2. c.18O'f, p.18O'.1 I.) I CI tI.&e.L I tIO1 It OOI. ...... Noll ........ ",rI. .,.. J8'I1 ......., .-woa .,... """",-,,"'r tWo .pt.. " It 01 . -. "port..., of paklle _rb ......... ......, tIll _raIac """'" of ...... _... .,... ..... to "'p' ..... ... ....- .. _. ..... -tidII. ""r diu ..'" ........ _r17 ... .,61 ?--3i ., f 7264.5 GOVERNMENT CODI GOVl rdanee willi rules and N lationa ad ~ the blic III' . WheN I clio Iaein I n 10 I 'IJfI eno In I WI n te I ltate en III "e... . en 0 ru .. an... bona In ..... '" on or. un menr.tion n .. I te. ternunobon 0 ta to e III'IUlnt to IU VIIlon I I. .. I ulnt to ... ru .. 111 N bona. ....... (b) No perlOn lhoIJ be roquiNd to -t from Iúa ~ ðw~ beœ.... of ita -uiaition by. III, 18 pubti, entity, 1IDIeu . . . eomDlNble replace....t . . . i! Inllable to .. ~ ~ . (c) For >I1J'pONI of dotermiDin¡ the applicability of 11IbdIYioioD (I), tilt public entity II hereby I 'IJfI dooi¡noted UI duly lull1oriled admù1Ì111ntivt body of the - for the IIIt'pDIII of811bd1YioioD (0) of (0) 'f Section 408 of the Revenue lad Tuation CGde. Dt¡otil (d) . . . Subclivilion (b) ohaD DOt apply to I cIioplaeed ........ who - In writiD¡ 1ritI1 the pub.. (b) } 8lltity to ........ In oœuI8Dey of the oequJrod chr8IIin¡ U It'Oridod In 8UbdirioioD (c) of Soetion 726&, """,er' (Amended by Stata.I981, .. 88Ii, p. lI571, V 4; Stata.I889,.. 128, t 8.) ~ W, JIiIIorieal and 8caIaIor¡o N- ~ t 1111 .........L Subotitutod, III IUbel, (I), the ...,...,..., -... ..... -- be - a\'lil- (Amen - "..,mporabl. "",lIcemeo' ~" and ".ilat able, tho publk atit¡> 1ha1I- tuodo a.tbori&ed for 11M . _ill," for "I.,h IIo"ÎII"; and added l.beI, (d), IIOjoet for which tho ,.¡ proport¡o, or III_, tharoof, o. lIIItLor\lIaIio. 10 bain lOC.nd II............,........,. I'" '!be 1989 a""""'t - I .....bo...tiY, ...... "0» No -- Iha1I be nquirod II ..... /rom ilia TIll I III lubel. Id), lOcI ......... ..bd&, (0) ud (h), "hIch hod IIwaJIin -UN of ill IOC- b, I pubti, a.tit¡>, oabd, (I II'Ov;ded, ..... the.. iI ropIoeom.ot lIo"inr, .. -bed in _uI> "(al If ....parable "",lIcemen' houaill, iI DO' I"'" _ph (I) of a.bdi- (e) of Saction 1261, a'li). ablo lOcI tho publie entit¡> - tho, ....porablo able II him," N- of Declalonl II8t1 Lonrth 01 -- I I. LoòrtII 01 ..we- - t='J;d~=':m":=~~~~ I. Do' I. CoIa_I...........ot Iooua1nr ...- Iud trom bain ....iderad for Jut mort CIq', Te...'a a¡¡'edl, ~'j'"d b, <oIIe,.'o ~uit;tion of 110..111, folio..... -!ion of tbeir 1eJIaDdeo, -11m ""', t =-,:~1,f~7,,' and ~r:~:~~:.~'~ 'J:".:~ DO ~ble npIIcemeot 110...... .... aniJable ~ of "<omparabl. ..pllcement ho..in,." II,Xeon y, Bu. Garcio y, Aothon,lApp; 8 DitLIIIt) Z69 CaJ.Rpu, 893, .. -, tin.. COile" of 1M Low (App. 1 DIoLl888) 230 CaJ, III CalApp.1d 481, .....w daoiad. In-' Rpt7. 116, 1" C.A,1d 811, _it> -.. f 7265. AJr,¡ort ""pertl ....lIIIIlIoa: .atl¡uou -"7: 8ddItIoooaJ _at (I) In addition to lilt pe'lnent& requJrod by Section 7262, U I COlt of oequilition. the pubJi< entit). f 'IJI". ahaJJ make a pa)'ll>ent to ,IDY affected property O1tDOr møtin¡ the requiremento of this lection. é! ] (b) The affected property ahaJJ be immediately OODtipoUi to property oequiNd for oirpon "~b Purpoa..llld 111. o""er thaJJ have"""'" the property affoet.od by oequiaition by the pubJi< "'tity ~ DOt leu tÀ8D ISO claya prior to the ÎDitilltion of ae¡ot;otion for oequiaition of the oequiNd property, ..:::. (e) D!! paymeDt, not to a-.l ~ thouaand !In hUftdred doJIan tlZUOO), ohaD be the offer I amoUDt, If IDY, which equala the 8CiiiãJGiëIine In the fair _et 981... ~property of lI1e ....t affected property """OJ' canaed by the oequiaition by the public llltity for 8/rpnrt IIIIpOMI of oII1er the pr ,.¡ property lad 8 chan¡e In the - of JI!! propert,y. to the (d) The amoDDt, If 111)', nf octu&I doeIine In fair l1181'tet ...... of affoet.od II'IIpert)' IhaJJ be the iii determined 8CCOI'din¡ to ruIoa 8Dd rw¡uIotiona adoptod by cht public 8IItity pan_t to dIiI chapter. phJok The rules 8Dd N¡uJationo .haJJ limit pe'meDt 8Dder dIiIlKIÕOtI oaI1 to ~ cIreamIIaneea In "hich doterT ilii'decline In fair IIW'ket Yalue of affoet.od II'IIpert)' II -'>Iy ;u¡¡,¡ to ebjoctIvo pb)'licaJ pro)OJ' chan¡e In the - of oeqnirocl ~. e.tab prope' CAmoadecI by Stata.I889, .. 128, ft.) allow; BIoI8rIc8I .... 8caIaIor¡o N-. = 1- I4W8tiooo ~ TIll 18111 - ......... !be -OIl pi,. DE!, _t trom 816,000 II 1Z2.MO, and ... _ubo- 51!!!!! -.... AIIdIIIon8 or ........ hIIoII8If " J!!!!!!!!!; ....... " ........ . . . 262 17267.2 , !K1. Gllldeu.... for ....,Ue..1IIIto ) N- of Ded8Iou 10-' c.LRptr. 110, 101 c:....8cI 114, -...; duiod 101 . orher~.... . J~ v8l.s or.J¡~~~ ~ I.~ III, ... U.s. tOl, 16 L.Ed.Jd 111. &>uIin, . . . - of ito ~uialUo. II, . of la '. aY8Dthle ID .. ~" offbt.~J:i' lilt public ""tit¡>" htJ.eb¡ ¡ Im.l. AcopIoIlIon"" ~ ~ IUrIoaao of .abclivilioo (c) 01 (I) ",. public atit¡> IhaD IIIÙt 8ftI'J I8IOD8bIt etforl too aeqalrt apeditöouII1 ,.¡ proptrt)' by *'--....... .. IIroâltion. r u providod.. lubcIiYia~ with fbt public (b) Real propt~ lhaD lot appraiIed Iotfore the initiation of aerotiatioDl, aDd the owner, or \he 889, .. 828, I I.) Ion Ce) of Stetion 7283. ...er', de,p repreoentative, lhaU lot riven In ~POrtuntty ID .....mpIDythe appr&iler durliii .. Dr her inspection of \he proptrt)'. However \h. a lie en' - l'IIon'lot a rocedare ID wliv. """" N- Iht ~rãîuJ in CU.. invo!viu the _a¡¡l(Jon y "' . Dr onation 0 DI'OPtrtv '" . ow .Ir IIW' e' --I 1IouÛ16 -not Dtherwio. !!!J!!, '. tile public IDti"'.balJ bo made ....,. \Ámended by Stata.1989, .. 828, I 10.) oct for ..hiob tIIe.,.¡ - fundo ,utborUed for ... ~ aeq1lirwd '" /lft>J."":J::rty, or ..Ie,.., tIIe...1 IIIotDrleaI ad 8l81li10.,. Noleo !II No _0 oIJa1/ bo ' 1Io1ltÙl¡. ' .... 1A8IoIatk>' .~ -- of /to 1'Iq~ '" mov, from hio ",. I'" """""'1 odcIod tile - ........ or .. tile... . ..PIa"':::."'::o.on by . publi, entity IUbd (h), ..Ia..., '" ..aiver of tho appraitaI, and mad, .t"~) 01 ,ubdivioion I,) ';'"L.:n ~~ai~ ....ubotantiv. chan¡to. 0lIl N- of _Ion. _tt-.. Dot, I .... (App. I DilUllO) 116 CaI.Rplr. 11, 22.\ CoIApp.1eI 18. 1 . ~ido..,. roquJro..." 01 Gov. CocIt - . Cit)", olio"" promÎIIlÞ 1'11- portion 01 land al fair _II wOO -- not uoumption 01 du.,. or .pocial "DId 1an'J'~':;: f:"IUdr Ie..n.. in buildin" on I. Pv., /Ift>- - Ian_.. who ..u¡h! .. dov.lop r tollo..... lerrnina2n ~ido/'l( for Jut "'Ort Cit¡", 0110"" .ttampl IÞ koop land .. ..dovelopod """"'1 >Ortion of land: lilt. 011 propert¡. aequirod 1IIIrobJ, ..pla....... IIr Ie...,..., ..1>0... "'11, /to oIlo,odl)' ._..ble off" IÞ pu"hu, por. :::::: :",:n~ftJ~;r š:;:~~ :.~~~ Y. A..t!>o,y IApp. 6 nÌlI~~~L9Wê:J available. ..n 01 land, and Ita oIIo,od plaotmenl or formidable or Sa, Fran.... (App. I DilUt90i 276 Co1.JlPlr. I , .App.1eI 467. "vie", dooiod. .Jlptr. 1118, obota<1ts .. pat!> '" .., of land could no. bo .......od 22.\ Co1.App.leIl8. u uoumption 01 'pociai du.,. IÞ ........ lando......' 'IIúI MOtion cIicI not iInpooÒ .. eity ....rallÞrt du.,. """"" dt¡.', .11e,od .... ..... boo. dtaoribocl u wiIII,..- IÞ lao_..' applicauo.. tor dev.l°p' ft7: 8dcUIJonaJ ......m.nl =ÎI;:~':vš:u.~.~~~~t's.~ ~tI~ñ6~.~~~~~:r¿rA~0ÎIs8"(APP U . oo,t ohOt¡ . . . ..tin¡ tho roq .alilbon, Ihe public entity t 7267.2. lull eompt!ll&llon: ....perty offend for 88Ie ..,. ........ offer for .... donned UlrtmenlA of Ibi¡ aecti UOal ID proptl"t),. 00. I!! Prior ID 8doptin¡ a I'8IOlation of -.tty punuant ID Soetion 12C5.230' and iDitiatin¡ ttted b)' 8eq1Ûlj' 8equired for airport nerotiatioDl for Ihe aequilition of real proptrty, tho public entity aha11 eatablilh In amOWlI which it for 8eqIÛlj!Îoll ~b~e¡,Qbijc entity believMID lot oat -_!Jon therefor. aDd ahalI malte an ofter ID the ........ or 0....... of rweord hundred dolJars u property. ID aeq.... the -rty for the full amoant 10 aotablilhed, ""l1li fbt ........ - be located with , ",.,.@ YlJa. 0~'51!2i, lhall be Ibe .....nable _enee. 'nit offer -y lot eoaditioned upcmthe It¡ialatiVt body'l ndficatioo of tho ~Iic atity for airport e proptrt)' of fbt offer '3'.. ISlCUtioD of a _Inlet of aequilition or adoptioo of a .....Iation of -tty or both. In DO P1Irpoou of oIbtr "ODt I II tho amount lot !au thin tilt public atit¡>'1 apprond appraiaal of tilt fair market YlJae of the m.-:- ""y deaaat or me.- in tho fair market YlJDe of real II'IIpIrty ID lot aeqaired prior :.:;:: of atfeeted II'Optrty aha/I lot ID 10 of n/uatioD eaUMd by ~"Iic improvement for ",bieh the property " aeqaired, or by '" only :~.¡;: ID this chapter. tilt lIkolihood dial the property '" lot acqaired for 51!! im""'"DItD~ other than thaI due ID pllyaltal deterioration within fbt I8IOD8bIt 0001101 of tilt - or :~ ahalI lot diII'oprded in -bly ÑJã"ted too ob.tan~ in "'1Jieh dat.erminiD¡ fbt ~tion for fbt property. ",. lllblic IIDtitJ' prooide fbt - of real _ve pIIyajeaJ ~ lot aeqaiNd with . writIen -....t of, ODd .........,. of fbt Iouia for, fbt 8IIIO1IJIt it .tab . u oat -_tion. Whore fbt property _ad " ........ -..pied reaidential property aDd eootaIu DO IDOre thin four Nlidential UDIta, tile '"'-"- 1haD. upon I'IC"'~ lot .... aIIowad too Nriow aoopy of fbt appraiaaJ upon wbieh tile off.. II buad. Whore ~Io, the oat ~tiorJ for tile ,.¡ property aeqairad aDd for ...... too -aúo¡ property IhaD lot II8pInIeIy ttat8d. NotwIthItan' l.bdIvi8ion. I blic eo' - malte In offer ID fbt or owne.. of NeD 10 a.... rea or I In amount'" . It Ity.. ID ..teom notIon . re or e ro ..0 e or... ownor at a I .. n or .......... . e . ~ . ........ InIIIo8I8d IIr II!!!!!!!!!!õ .......... IIr --... . .. 263 ð- -J~ ....... .-diIII .. -- .... ..titIod ID ::::: I'IoportJdoo",.. cIt7 wiIII...poct ID y, ; '='1 ---tio~~<I,:W '"':~~of_rty,cIt TH7.1. ~tlon ., enllre 1ft ,.....rt7 !!J If tilt aequilition of only a porti HIoIorIcaJ and S&atat..ry No... or conmtion u to conatitute ar 1182 -_nL SuboUtuled the ~ It the "... of "for wlûeb IUell .........,. it Icquil'ld" rúe tilt entirt property if tile own -rmnio, .f th, fIlS' Hnw... _io, "th, pobl~ "1IIaI1 - clilrerarded" to< "will - cIiI/'eþI'dod" io h... real Dro~,:? iI ..UI)' ahaII" tor "Bef... th, ioiliaoon ot MCotiationa fourth HnW"" (1» A c.raon w II mtonne 0 hI! to< ""1 property"; and folio"",, "ahall make" aubati- " lOon been tu a toled "an otf,," for "a prompt otfer" and followÙl, I", "--enL ....- ,~Ieu ~ow..r ona.. e ro rt' an art ere "ott,~' inae- "ID the 0_, or 0"'", of -nt"; DOt be Iocaled WIth -.oble di!i¡e... .. the lint ,c entlt etonnme roOt inaerled th, -nd Hnwn..; aub,otoled "the" tor HnWn.., 89 c 828, f 11.) "ao,h" beto.. "property" io the third Hnwn«; and I", --nL Delipalld the too-. -.. mended by 5"",19 , ' auboototee! "for ..lUch the property it ocquirecl" io .. aubd, II) and addod aubd, (b), JIJat< 1m 1A¡taIaUo. bdi ' , er- Reluen... n.. 118& amend_.t added the a~, .." , ...Ietod "and may" pncedin1,;;.lC<w. Expeue. of .JiUption, COort ID ",naider, offer made Øeaoluoon ot _il)'. daclaradoo ID a.... tIuI, off" ~~ addacIaubd, (bl......, ID .... 0 pO"..n' ID th~ "'lIon, ... Cod, ot en,,1 Proced... under thit leCtion baa boon made, ... Code of C¡'I1 f 12.IO,é10, Procedu.. , 12;5230 ., iIa&anIoUl aubo...... On property ID be 8<quirod bl ' , ,'m.8. 1IIIIto.... nculatlOIll P' 8<Iloo1 distn,.., otter ID pun:baa" ... Code of ClviJ I adopt ruI "'-cI... f 1263,760, (a) All public entitiel lhal. . . IIùa : ,"location _il..nce under , with tilt . . : !'dlea and reJnÙationa Law Revle.. Co_entari.. Development . .tha din¡'" aubdmaio Pftcood'""oon Activitin-<hallen¡in, need in ClI. (1» Nom tan I tio uaiatanc, ifomia, B..nda K, Rou, co""'nL 31 San.. Clan tntity ohall malte re oc¡: n LRey, lé7 (1990), required ....der fecleraJ .. (Amended by StIU.1980, c. 1182. p. 89ð N- of Deci8lona ,.-. UU.JiI)"a "-rty in.....", III Ita Public Utility eo... - 01"'-" I 1eoJ- I _ion COI'tjfIOC! Hrvico - .... "- proporty" ow> - ....._, 01"" I ML 10 tIuI, cIt7 could lCquire 111_10 ..". It it lint L - oI",-"t 8I&dtoffuIDUtilityand_utilitywilll- - -, ~ wh7 offer .... juL City of... ""_ofpa=of..~ 1.1.- lOOt v, a_, Oob 11'.... Co, CA>p. I ÐilLII87) Ø'/ _of_. - Cal.R,tr, 8é6, 182 C.A.Id 100ð, .",. - Mlablillloa """"tÐrT. req""""l0 .. -'-101- f '711'1.8. IIo8pnftt, ~ - - wbich m... be obauvod b, .., public "Uty pIannJoc to iniIia.. ODIÌIIOnt domain ~ tIw.,h ....u. Otlor ro. property to .. lab.. ., _t ....... (A) Prior to tile InJtiation ., Dee::t tioo of -i\Y, City ot San lOOt v. a_t Oob -t"-"_I"_tot_,or profit, IIICiaI UN property, u m 11'.... Co. CA>p, I DiaLlI87 87 Cal.R,tr. 8;5. 182 the amount Mlablithod .. jut -..on. I\8opIe -1IiriD¡ public entity or public utilit¡ C.A.Id 1005. .. ..1 Þopt. ot Tnup, e. Cole CA>p, I DiaLIItI) . ICt which II GIber than nonprofit, I."'~ ~~IO. 7 CaLÅIp,Cth 12111, -.we ...... ~~ proptrtoo oequired. by public en fur ~ :'=":y":',y~~:.::::: ~ - ...... IID1 obJoaoion II -.t to, oonatruction, _n, or im~ ...... - to adoq...,. of - ~ ...... (h) '11ùo MCtion doaa not apply to - ... io - -led "IaIåo¡ of -," for wlûeb -or_Ofoffuto<tIoo- taIIi8c.. =:. oequlre _I property or &IIJ bIt. utility .... "Ut/ocl ID all _lion and _n.. ebjoet duno, odmioioIntivo ~ boton the aaturaI IU or flood control 81pn1priaw _r 10... or ODIÌIIOnt domain, City 01 San ~tio. Commiuion, .. rei. Þopt. of ~-:úe ~vaI or .h.lruction of ufo! Jooe v, 0.., Oob 11'.... Co, CA>p. I DiaLII87) 87 1'ranop, v, Cole /Aþp, I DiaLIIt2) . Cal.R,tr.ld 710, 7 _r'a _nt or JII'OIOIOd UN. CaI.Ipu-. lei, 182 C.A.Id 100ð, CaLApp,éth 12111. ...... ...... - dniacL CAdded by S"".I892, Co 1 (S.B~l~ f 8, AdcIItIone or ......... IncIIa8I8cI ., J!!!!!!!.b; .......... ., ......... . . . AIIIIIIIonI or ....... InIII88t 264 ?-31 --, -"'~~,'~~ - - ,--=-,~- -, .-,',"-"" , ----' -, -, Gf"'1:RNMENT CODE 1'726'7.9 Iln1.l. Conde_lion pro...,I1....; lllllltulion ~7 publl. -1117 ...188d of ~7 ...er N- of DodaloDi L la""'" _po...1Ion of 1121,000 ill fact of ~Io -....t ..=,."Y,;.. "":'m ":r ":;~~';.rt ~I~;: of at _. NO,OOO ODd ita nfIIIO! to OOIIIidor......... -..-....botII_lo,uclc:ity'l- art¡'; dl)"l _adtmootion ..aduct ill -!.minI _tiel bnoeb of II1atalDr7 dot' ..... tbia _a. _moodo. - ua..uooabll IOd illtorfued with Cit1 ot Loa Aqalll I. 'I'iIom ClIII3) 111 CoI.Rp... III, _r'l - ODd njoyme.. of propert)', c:ity'l ofter of 141 C.A.IcIIN. I 7281.7. Aeqallilion of _Un pnpertr, ....wa- of - -I; _n of ,..perl7 !!J If tilt acquiaillon of only a portion of a property would Joava tilt ~n In ouch a obi,. or condition u to constitute an UMCODDmk reDUWlt, the public: ontity I offer to . . . acquire the entire property if the OW1H!r 10 cleaira. A roon who.. real ro . beln uireclln accordan.. witb tIúa cha ter IDa after the lOon a. enu'..onneo .. Dr er n I to receive oat com nlation or e ro nate e ro \'tV aO\' rI ereo an ..teresl ere.. Dr an com nlation al ere Drtoa DU It entitY etenn..e Y e aerson. ¡Amended by 5~ts.1989, c. 828, I 11.) Hletorleal IIId Statutory NDteI IN' lAtialeUo. ",. lHi _lid..... added the lubclivilio. dlli.... 1ioIII, dellted "lOd may" procedi'r "",quire" iJ1 lubd, 4&1, and addedlUbd, (bl ..latin¡ to do..tio. of pro,.rt)'. 1.nIT.I. au... IIId reruIoIIDnl of public tnllll..; priority of federal"w (a) All public tntitiea Iball adopt NI.. and re¡olatiDns to implement paymen.. and to adnùniater ..' 'tion ulil~n.. under. . . this chapter. The.. Nlel and re¡olatiDDI lball be In aecordan.. , .he... Nlel and rel<UlatioDi adopted õÿ'ihe Department of Houain& and COmmunity Development. . . . (b) NDtwithl..ndin, . . . ,ubdiviaion (a). with relpee! to a federally funded projeet, a public . entity Ihall make reloc:atiDn ..is..... paymen~ and provide reloc:ation adviaDry au...... . nquirecl under federal law. (Amended by 5~ts.1980, c. 1182, p. 3959, I 1; Stats.1989, c. 828, t 12.) No... of DecloiolSI - of ......... I acquired by Sta.. by _tIon, the --at of - ......1 ..rvicoI did DOt 81>- ita diocNtion iJ1 adoptio¡ "(IIlation proYidinr that ....... in ......... would bo I. _Ion of ..-..... ..1_.lly entitled. u a "family" to ooJ¡o one po_at For po.".... of PO)""" of ..Ioeatlo. bo..fi.. to of ..Ioeallon bo.lfi... AJbricht I. State CIllO) tll ...... of ....... on Iaued property which bad bo.. CoI.Rp... 1)7, 101 C.A.Sd lC. t 1m.t, NODproftt, opacIaI - pnpertr, ....uJoItIon""",- (0) Prior to tilt lnit:iatioo of DtI°tiatiolSl tor acquiaitioo by . public: ...~ or public: atIIit1 of _profit, opeciaI - property, .. dtrmecl by Soction 1285.l56 of the Code ° em! PIoc8dun, the aequirinr public: enllty or public utility ....11 malta wery rauooable effort to MÙ aItaroatiT. :y;rty which io other than nonprofit, .paciaI UN property. Ho.....er, Ihia NII-t abaII not app to properIiei acquired by public ontitiea for tnnIportation pwpooea, Incluclinr, but DOt IirIUted to, \be _truc:tioo, _ion, or improvement of a_, hirhwaya, or ralhraya. (b) Thio MCIÍDII data not apply to aetiou or proeHcIinp commnetd by a public: entity or public: atiIity to acquire real property Dr any In.....t In real property for \be UN of wator, -, tltctrieil1, lllephnnt, natural pi, or flood control tacüidao or rirb18-of.way wilen choat acquioltioaa Dtither ltCuft removal or cleatruc:tioo of aiatior impronaIeota, - rtr1IIer lilt proptrty urIfIt tor lilt . _'I ,...tnt Dr propoaed uae. Wdtd by 51811.1992, c. 7 (5.8.821), t e.) ~ or -... - IIr !I!!!!!!!!!!!'o --- IIr --- . . I 265 8'-3( . - . -. -~'" ~ YJ' 'S;: . - ~'- ':,',-, , 3,~::ft,',. ,',' 'Þ' ,:,,¡, --'~,">;" ~ ~ "-: ',',' . -'",.;:'--~'-" "'" : ,',', -. - , - 17267.9 GOVERNMENT CODE GOVERNMENT CODE IIIoIorIc8I ... II&a&1dorJ N- CIIAPTER 17.6. 1112 ......- .",. -- ..... bJ IIüo lei ....., apply to - I1IIE OF A J'( - 7 of _,1112, .. 7 œ.l1.821), nYidoo: = ~~ ...-.. ....cod GO ."'" Iodion 1199.1. Te::~- bued interpretation It, t TJt8. "",,~, 8C8IL1HO, .. I1IZ, .. liSt, t I :81.5, Ezemptiono born a...e1. aud ~ I 7Ut. 8IaIu of _II: -- Iu ... ..~Uc - I 7111. Lo,IoIad.. latent It} No J8J1De11t reoeivecl bJ u, penon 1IIIder thia chapter or u teD&Dt relooation UliI- ¡:¡¡uired bv anv ltate ltatute or local ordinance ohaI1 be CIOIIIÌdered u _me for the pUl'pOlel of dIt Law II< O1"IOnallncome Tax La", Part 10 (commcnCID¡ witll Section 17001) of Dmoion 2 of the Reven.. lid .:...~ i:o~ Paul "-r (April 1180) : Taxation Code, or tile Bank aud Corporation Tax uw, Part II (COIIIIIIOIICin¡ with Section 23001)01 ..,.. DMoion 2 of the Revenue and Taxation Code. No ent _ived b an !'IOn ';"der thia cha ter ohall be COIIIicIered u income. 11111.1. t'tlephone Meed laterprelallon reoourceo tD any recIpient 0 pu -..tance an auc payment. I II not be decluottcl from till -III fun'" amount of aiel tD which tile recipieDt would ~ be tDtžtIed uncler any other pIOYÎIÍOJII of 101, SIo.te IpIIciea may, utilizinr exiatinr fund (Amended by Stal&,1988, .. 1(90, t I,) addiIion tD employÍD¡ bilinruaJ pe!'lOlII in p Nota of Declaiono ,Added by Stal&.I191, c. 3'76 (A.B,(83), t 1.) I. Ca~='~':.."'~~~7 ..Iocatioo .......... ~':'de .:rJ::~ = ~~Ja= 11111.(. State arencl..; aune,l; ~ po,...n.., oot be ~'::¡;rwd u income or ....urœt of Murray Y. Bowen, CAt (CaL) 111M, 786 F.2d lID Eoch ltate arenO' lhall conduct a I lOy NOIIJOO~ West. Ann,CaI.Gov.Code I 7261, did oot iii of the followin¡: ....e, ( II) The Dumber of public contact -itio I 7271. Quul.pubUc ...Ot" compliance with chapter; ...emptiona Ibl Th ~ III e Dumber of bilinrual employ... iD ' (a) If a re..lution ÎI adopted under Section 12(5,330 of tile Code of Civil Procedure ......tin¡ 10 OIlIer thao Enrliah. . the &equilition of property by eminent domain and tile pe!'lOD autllolizec by the reoolution tD acq... (c) The Dumber ud pe... tare f ,,-- the property by eminent cIomain &equirea tile property by pW'Chue, emineñidomain, or othel'WÌlf »wn by native lanrua¡e n 0 DOD'"", ~.:d~ .~lIp~b;~d:nd=;';::'~o:,; ::iap~:::~ ~'f"~~h.;"r::~ th:,=::::;,t. ~-: (d) The Dumber of an~ipated wacanciel in chapter and tile .lUideünea adopted by tile Commiaaion of HoUlinr ud CoaunuDÍty DeYtlopma: {,J Whether tile u.. of eontrected tele bon pursuant ID Section 7268, ¡mo.. m nubhc contact noIIUODl.. ..rvt.r t . . . !!1 Any otber relevant infOflDAtion requeatt !!!J ThilltCtion doe. not apply tD public utilitiel which are .ubject tD the proviliolll of A1tidr; Eocb acenc¡r lhall caJculate tile (commenein¡ witll Section 600) of Chapter 3 of Part 1 of Divilion 1 of tile Public Utilities Code"" >fib by rounclin¡ the percentare =ta,r publie entitiel wlUch are lubject ID . . . tbi8 chapter. 1\e I uJ "-, ' , "'81 NO 1& 1....1 be reported on ' (AmencIed by SI&I&,I889, .. 828, I 13.) 8Iittred tD the board not later than Ibn:h 8 I 7277. Application o( chaplar; "oIr- for oaIt," ØfIMd: - lit ""'tin¡ .t-.Ied b, Stal&.I990. .. 478 (8.8.2(66). I ( (a) The uirement tD rovide relocation Ullatanee and benefil& im tbi8 ehapter thaII.. 1l1li.5. Eu.ptiona from tIIrIltJ .... re,. apply ID a pure e property w .. 0 e or 1 owner, property beiallOId. !lie Sl&te PenoDDeI Board ma . aecution or f....IOIUN oaIt, or property beiar aold pursuant to aourt order CO' udor - ... tilt Slate IWaoaatI Board' de-='::':'~ aupervilÍOD if the property in uy of the foreroinr lituatiolll 18 oitber oeoupled by the -" J /a DIIOCCUpIed, ud if the offer for oaIt 18 DOt induced by public tDtity cliapoaition, pIumecI ........ The ......,. ..... DOt furniah information tion, or racltvelopment of lurrollllclin¡ lancia, ud if the aaIea price II fair market ftI... or ~, . '¡ The apœy bu OODIÌItently reoeived aud dot.trmIDtcI b, a quaHtiod appraiIer, and if no fadoral fuada are ta..1w8d ia the.....-.. 1IiIio tIItt it bu DOt boea required tD 8IIIpÎO)" OODIInction, or project clelalopment. "Offarocl for oaIt" ..... either adYertiaecI for uIt . . 10 order . publication of ¡eaeral cireuJation publiahacl at lout oaoe .; _k or Ilat8cl with a Iiceaatd naI- ~ for J: - ,an ...emp~. t&C:h etate Ink.. &Del publiahed in a multiple IlltIa¡, pursuant to Section 1118'1 of the a.¡¡ CocIe. !or - thao ~ ud ~lVe approva1 ¡, -.. a_'" --'- -_.~~ '"' _10lio -""- .. OOIII«Utive JIIfS, (b) At the tÎIIIe of IDIIdnr an ~... to -.-- property -- ~ .... ....- -.- ~ by Ølala.lttl .. 1(6 , 'B 553) t 1) DOtify the property owner in writiac, of the folJowiDr: ' ....'.. (11 'nit publIe oatit,y'l plana for ........., the property to be MI1Iirad CO' tbe""""" ':au. a..tu., 8IfItT, report to Lt¡iab property. !lie IIIUIta (I) AA, NIocation. --- &Del beatftta prøridod pan- to &tate Jaw wbiob tbe""'" ..Scate~:::?'rI~~ ---- l1li' be fDl'JOlDr, I8eadod by U (AdcIed bJ Stal&.ll8(, .. 1(6, I I, AIIIIDcIecI by Stata.II8(, Co 1628, t 1.) :!It) SIata.I990, .. 478 (8.B.2(66). I 6: ~ or -.... - Iar II!!!!!!!!!!: ........ Iar .-18118 . . . ......... ... --- - Iar 266 , . 0 -39 t::',:" , ;,,~-,.." ',.. " 01!1' This yage íntentionaIly left blank. . ~..~fo THE Clfl" OF CHVIA HSTA PARTY DISCLOSURJ:: Sl'A7'EMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on a11 matters which will require discretionary action on the part of the City Council, Planning Commission, and a11 other '- 'icia! bodies. The following information must be disclosed: 1. List the names of a11 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 a11 individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership. RICHARD A. RYALS. PRESIDENT 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. N/A -- 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 twelve months? Yes- No ..1L 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. JERRY COT BURN ROLLIN WJESKE 6. Have you and/or your officers or agents, in the aggregate, contributed more than $1,000 to a Councilmember in the current or preceding election period? Yes - No L If yes, stat.: \l'hid1 Councilmember(s): P,'r'nn is defined as: "Allyindi,'idual,jirm, co-par/IJrrsllip.joilll"cnlllrc, association. social clllh,frmcl1lal org{//IiZali{//l. rorpal"fl/ioll, "'/{I/(', nttSt, rcccil'er. s)'lIdicmc, ll1is alld all)' oillcr COIIIII)', cil)' alld collnll)\ ci' IUllicipalil); dislriCl or olhcr pOlitical sllhdil'ÙiulI. 01" allY ollter group or combÙ{/lion aClillg as a IllIil." (:"OTE: Allach additional pages 3~ nccc~s~~') Date: ~~i/A~V z{ /:J':l4- - RICHARD A RYALS PRESIDENT Print or type name of contractor/applicant 1\-;' '.\ DISCLOSE 1":'\1"] l1,""'-,j J I ", ""1 ~ - L/I ~-_. Thís 'page íntentíonaIly left blank. ~ -- w--- 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; andr 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 Cityrs current CIP Budget, where the cost of each right-of-way i. Ie,. ~"n $25,000 for con~=cti= of oo~eted ~Ojjr.' preoented by A:f if o~..J] ~'Bruce M. d city Attorney C:lrslryals,cc cf - if) -- -" This yage íntentíonaIly left blank. <j --- Iff 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 c=rent C>P Budqet, where the cost of eaCh~qht-Of-waY is less than $".000 for o~str=tion Of~d pro' ots. preoented; ;t ' (P Dved, 0 K,':X Jo n P. Lippitt, irector of t.. Bruce M. Boog ar r Agency P lic Works Attorney C:\rs\ryals.ra ?--f-S Thís yage íntentíonally left blank. S- 4þ