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HomeMy WebLinkAboutRDA Packet 1994/03/22 Tuesday, Man:b 22, 1994 6:00 p.m. [Immediately following City CoUDciI meeting.] CoUDdl Chambers Public Services Building .................................................................................................................................................................................................................................... . . . . . . . . . . . . i COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT i ~ The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request j 1 individuals who may need special accommodation to access, attend, and/or participate in a City j 1 meeting, activity, or service contact the Secretary to the Redevelopment Agency at (619) 691-5047 ~ 1 for specific information on existing resources/or programs that may be available for such ~ 1 accommodation. Please call at least forty-eight hours in advance for meetings and five days in l j advance for scheduled services and activities. California Relay Service is available for the hearing 1 L................~~~~~~~~................................................................................................................................................................................................1 CALL TO ORDER 1. ROLL CALL: Members/Council Members Horton _' Fox _. Moore _' Rindone ._. and Chairman/Mayor Nader _ 2. APPROVAL OF MINUTES: March I. 1994 CONSENT CALENDAR (Items 3 through 5) The staff 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. If you wish to speak on one of these items, pleasefillouta "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 staffrecommeruJation; complete the pinkform to speak in opposition to the staffrecommeruJation.) Items pulled from the Consent CaleruJar 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 Community Redevelopment Law. The formal Agency adoption of the budget had been delayed in order to determine the full impact of State budget resolutions and to complete the evaluation of 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 Vote Required] AGENDA 5.A COUNCIL RESOLUTION 17411 B.AGENCY RESOLUTION 1391 -2- MARCH 22, 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 7/10/94. Elite Racing is requesting funding from the City in the amount of $15,000 and staff recommends an amount of $12,000 to help offset the costs of the event which are estimated to be $65,400. Staff recommends approval of the resolutions. (Director of Parks and Recreation) APPROVING AGENCY SUPPORT FOR A BICYCLING EVENT ON JULY 10, 1994, AND APPROPRIATING $12,000 IN FY 93/94 FROM REDEVELOPMENT AGENCY FUNDS TO OFFSET OPERATIONAL EVENT COSTS (4t$~~~!iwJl,mlmli1!U ...........................................-..-. * * END OF CONSENT CALENDAR * * PUBLIC HEARINGS Thefollowing items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. (Complete the green form to speck in favor of the staff recommendation; complete the pinkform to speak in opposition to the staff recommendation.} Comments are limited to five minutes per individual. None Submitted. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter 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.) If you 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 the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak Form" 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 FlRST 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 22, 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. (Community 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 reqnire 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 IDS DESIGNEE TO SIGN THE ACQIDSITION AGREEMENT(S) AND MAKE PAYMENTS FOR RIGHT-OF-WAY OF UP TO $25,000 FOR CONSTRUCTION OF BUDGETED PROJECTS--Several capital improvement projects are currently budgeted which will require additional right-of- way for construction. To expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewal clause for an additional year. Staff has evaluated the proposals and recommends Ryals & Associates to provide these services. Staff recommends approval of the resolutions. (Director of Public Works) 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 ACQIDSITION 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 jive minutes per individual. AGENDA -4- MARCH 22, 1994 OTHER BUSINESS 9. DIRECTOR/CITY MANAGER'S REPORT Schedule of Meetings. 10. CHAIRMANIMAYOR'S REPORT 11. MEMBERS/COUNCIL MEMBERS' COMMENTS :I: * * * * * * The meeting adjourned at: p.m. to the Regular Meeting of the Redevelopment Agency on Tuesday, April S, 1994 at 4:00 p.m." immediately following the City Council meeting, Council Chambers, Public Services Building. [C:IWP51IAGENCYIAGENDASI03-22-94.AGD] MINUTES OF A REGULAR MEETING OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA Tuesday, March 1, 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: 10hn 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 tbe 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) witb 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 furtber extension of the Agreement due to current adverse market conditions. As an alternative, staff recommends a two year extension of the OP A to 10/17/95. Staff reconunends approval of the resolution. (Conununity 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 tbe Otay Valley Road Project Area Committee MS (Nader/Fox) to approve the ratification of appointment of Rosalinda Nava to the Olay Valley Road Project Area Committee. Member Rindone noted that Ms. Nava was an Intern for the Planning Department and questioned whether it was a paid or unpaid position. Chainnan Nader stated he had directed staff to verify that and only agendize the appointment if it was an unpaid position. AMENDMENT TO MOTION: (Moore/Fox) to ratify the appointment of Rosalinda Nava only if her position with the Planning Department was unpaid. Approved unanimously. 7. MEMBERS' COMMENTS - None ADJOURNMENT ADJOURNMENT AT 6:25 P.M. to the Regular Meeting of the Redevelopment Agency on Tuesday, March IS, 1994 at 6:00 p.m., immediately following the City Council meeting, Council Chambers, Public Services Building. by: Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk ~h^,cC~ Vicki C. Soderquist, Deputy 1 lerk IJ"'J AGENCY AGENDA STATEMENT Item 4- Meeting Date 03/15/94 ITEM TITLE: /3q() RESOLUTION ADOPTING THE REDEVELOPMENT AGENCY BUDGET FOR FY 1993-94 AND APPROPRIATING FUNDS THEREFOR SUBMITTED BY: Community Development Director c>. REVIEWED BY: City Manager tg (4/5ths Vote: Yes --X- 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 staffmg 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: d - / _._.":"_~.^._~_.,-...^. _"".~_.~.~-_._.-~'". ""._""~-".--~-"~-'-'''-'-''''-'~'~^'-<-'''-"''- Page 2, Item 4 Meeting Date 03/15/94 BayfrontlTown Centre I 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-<-) ..,~ _.,....,~'....,_......~.~...,~."".........~~----....,,--'--...'--~~,~~---,- ~..~~'--------""- 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 ACTIVITY BUDGETED PROPOSED 995 Geographic Information 9950 $ 32,270 $ 10,000 System 996 Geographic Information 9960 5,000 5,000 System Auto 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 --.JL TOTAL $4,584,900 $4,385,430 GRAND TOTAL $9.553.599 $8.906.025 d _ ~ ...- ".-~.....-..--~_.~---_.. -. _.~._.,""....__.~~.~_._~ -~---~_._.....~-~~~._-~-_..._---......_....-......-",........._----------~ .'-. _~_""""'<.n_';',......--. Page 4, Item f 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/Leases 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. Ii _ // -.------~_.,_.~..~--,..... 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. CS/jef Exhibit A: Budget Detail Sheets Exhibit B: Economic Development Staffing Report d-/ ~_.- ...----'. ..--,- .-_. .-- - ~"'_-~-'--'-~'------ ,-"... -. 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II' '" :1 "l. al "l. ~ I fA ;1 ..J ~ ~ , I. :1 '"f".: ., ' <=l o ..;::l <<l .t:: 0. 8 0.' 0. < , 0 o o 0- .... .----../",""' o o o 0- , .... o o o on \0 N .0 ;0 '0 on \0 N --"---<~.". --. - :::s ~ Cl CI) >< ~ G) CI) G) >i ';::l z ';::l I/) ,~ ,~ ..- 1-< 0 1-< ~ ..... ~ 0 :::s u ,~ i 0 ~ u ~ ..... d ~ t: ~ p.. ~ 0 III < 0 p.. =It: ~ '.,.., 8 p.. v o 8 ~ < E-< o E-< =It: ~ ~ ..,.., 8 V) fS .... p.. N Cl ~ ~ M ~ -, ;:;, 4--IR' .,__._...,_~....~..._~,_...,",",,_c._~_ 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 11), 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. /l _ Ie; """'_"""~''--~'"_-.,J~'~'_'''_'''''''"''''''' ~"'M.~.,,__~_.._.._.~_._:"'~..~ _ _^_,_,~_~_,_"~_,,-,, ,. .'-'.~ __,__....-'~~~_.M,~... 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 professional positions are recommended at this time. Staff would intend to report back to the Council and the Agency at the mid-point of Fiscal Year 1 995 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 Development Department. 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. d _--J J ^"' "---. 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 [DGIDISK31 WPSIIA:IEDCEVSTF.RPI"] [C:IWPSIIAGENCYIRA4SIECDST AFF. A Tf] t..f., _;:}) This 'page intentionaIly left blank. "1'--. ."'. . . -- ~- ,,-,_,<<--'<---'.~'^'~ ~--~,~~;,.",,~ . . ..-.'".......- -~~,-,~----,------ -.---.- ~.__._-_.~-_.__._.- ~~--'""..._~............... ~ Attachment" A" COMMUNITY DEVELOPMENT STAFF ASSIGNMENTS Community DeveloDment Director . Overall Department/Projects Management . MidBayfront Development Agreement Negotiations Assistant Community DeveloDment Director . Assist with DepartmentlProjects 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 . Otav Vallev 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 Palomar At Risk Housing Project . Oversee 31 Fourth Avenue Homeless Project . Assist with Bayscene Mobilehome Park Project . Assist with Trolley Terrace Project . Prepare AB315 Report to HUD . FEMA Board Page 1 /1 _ "'\ ~ ,'. ,..'- ~ ~,_._--,-.. .....<,;..----_.-:-.;.._.~.~_..,~~._~_...'-._,_._--- -,-,---_._.~-_.__..._.-..,~..,~ .;..~ Attachment" A" Princioal Community Develooment 50ecialist . 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 Communitv Develooment 50ecialist . Project Manager: Southwest Redevelopment Project Area Staff Southwest Redevelopment Project Area Committee . Project Manager: National Avenue Associates/WalMart Project . Project Manager: Southwest Economic Feasibility and Land-Use Study . Project Manager/Staff Support: Moxham/South Bay Chevrolet Project . Project Manager: Adamo AcquisitionfT enant 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 Communitv Develooment 50ecialist 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 Communitv Develooment 50ecialist 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 ,/ I ... ..........'-'...~....~...~~~..__....--...--__....____.-~,_~_.--.......!i'....... Attachment n A n Communitv Oevelooment 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 Communitv Oevelooment 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 Communitv Oevelooment 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, SOEDC, 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 Communitv Oevelooment Soecialist . Bayscene Mobilehome Park Acquisition . South Bay Community Services (SBCSI 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 /1 .I"W.c: ~ ,'_"~ ,'._~_" _'.' ."__ ."..._'w,........"'.,"~.. "".......~.__.~ ~.~~.'~.___"-'---____._.. J;........~..__,.."_..w......._.___"._~....,,__._ Attachment" A" Environmental Proiects Manaaer . Prepare and File CEOA 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: a Grantee Performance, a Single Audit, a Biennial, a MCC IRS, a Bond Issue, and a Annual Report to State reports Secretarv to the Redevelopment AQenc'l . 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 Secretarv . 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 Secretarv . 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 " .., / '"""'-............... Administrative Office Assistant II ,.~- ~-~,~,. Attachment n An . 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 distributel/Xeroxing IC:I WP51 1ST AFF\A IT ACH-l. TXT] Page 5 // ")1""'/ ,...~-----_......_--~-,,~ -. -"-- . .< ~-- This ,age intentionally left blank. // '7 9'"" ""_'",",.._..~..- "",. ....d~.,~'".....,..._.~."~'___'_A_.~,._M._<'_.._.._._,,..._.._...~._....._..,....____~.___..............._~_~~__._.... _ _ _ ___.m~"'" ,~",~~-,.~""'-"'''"<..Io. ATTACHMENT "B" 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:IWP51 1ST AFFIA IT ACH-2.TXTI ~-29 - ........._._.._~-.-. This ,age intentionally left blank. L1-_. ~ /) ,', ..,..'_'~_~~~.~'~e,,_..______~...~_~_~,_~ _.' ."_"'.~"_~"'''_~_,_,_~___~_-.-'",'''~..._.__.~~,__,.",.__________..____~~..,~.~____._,__"'_ ...-"'~ -..---- ATTACHMENT "C" Secretarial SUDDort -- with "New Hire" RECAP Support to Professional Staff Support to Boards/Commissions . Secretarv to the Redevelopment Aoencv 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 . Secreta rv 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 Secretarv) 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:IWP51 1ST AFFlA TT ACH-3.TBLI 4-./ ~ I -_._~----'-----'-"--~-----,--~,-,-",---,-- This yage intentionally left blank. 4....- :< 1-- _~"",",_"",'----,-_~,_"__""""",__",.""""_",,,,_'_'_'.~.___.....;"_~,,:,,,.~.~_'......';';_""~_'_''''_,,,:,,,,,_::,,,,,,,,,,--,-----,-_, _... .., _,-,-~.;.......~-,-,-,..~,.._-.......;._:..,.""",..........~,..._"....,.,.k.,......,,__..,_.......,_.,.,.'........._ RESOLUTION /3 q 0 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ADOPTING THE 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 PROJECT/PROGRAM 980 981 985 990 991 992 993 994 995 996 997 Debt Service - 86 TABS RDA Housing Program Southwest Project Bayfrontrrown Centre I Redevelopment Fine Arts Town Centre II Project Low/Mod Income Housing Otay Valley Project Bayfront/TC I Capital Project Otay Valley Capital Project Town Centre II Capital Project PRES~Y~ Chris Salomone, Executive Secretary and Community Development Director 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 Bruce M. Boogaard Agency General Counse ~L~ .< ~ _......-_.._._""""'":-_""""'..~"'.._,~.~---~~~----,.._~-' ,. ."-. '-" ~ -- ,-_,,,''',,' .... .,... This yage intentionally lift blank. 4- _ ? ((, REDEVELOPMENT AGENCY: AGENDA ITEM #5A.B MEMORANDUM March 17, 1994 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manager FROM: Jess Valenzuela, Director of Parks and Recreatio~ SUBJECT: City Council Agenda Item # - Tour De South County In accordance with the City Council/Redevelopment Agency's direction at the March 15, 1994 meeting, Tim Murphy of Elite Racing has furnished a copy of the current budget for the Tour De South County (see attached). [C:I WPSIICOUNCILIMEMOSIINF09411.MEM] 10509~srASORRENTOPARKWAY, SUITE 102 . SAN DIEGO. CA 92121.619/450-6510. FAX 619/450-6905 .-- ....- ... -..-.......__. __...,...___.__....... . '.M" .. ..........__ .._.__M.____...... ...... _. . ... "'_' M" Per the request of the City of Chula Vista City Council at their meeting on March 15, 1994, enc~osed ~s a curr~nt budget. We hope this information is helpful ~n mov~ng the C~ty of Chula vista's sponsorship forward. Feel free to call me if.you have any questions. SincerelYI ~~ Tim Murphy co: jess Valenzuela (via fax) Chris Salomone (viafax).. . .. -"'.:. -, .';'.. :..,',01...., ........'...~ '~'.... ..,..v. ~....._.__' . _'''':'''''','.:~''' ........~ ;......, ,_ -"_;...-!.,__,,L'~;;,'..,~~;'.'..........__,..~..~: ~'.~'":..-......'.' ,~., '.:l.~-_".""I'..".....,<-. ~.~-:::::~ ""'::;;,.- .":'.',",:' .,---,...,. .. ','-- , _. .--. 'f'" .. 'r ",~'..'~ ,~ "', . . DIEt . ,. 1 0509VISTA SORRENTD PARKWAY, SUITE 102. SAN DIEGO, CA 92121 .619/450-6510. FAX 619/450-8905 FROM : ELITE RACING PHONE NO. 619 4506905 Mar. 18 1994 02: 12AM PS 6///,. c~ ~ TOUR DE SOUTH COUNTY WORKING BUDGET Based on 1,000 Participants INCOME: Sponsors: McMillin Companies . City Chula Vista Other (to be sold) 900 entries @ $20.00 600 entries @ $25.00 Souvenirs .-..~_. .~-;-" $20,000 12,000 4,000 . :' '~'~ f: Total Income 18,000 15,000 2.000 $71,000 EXPENSES: T-shirts 1,700 Sweatshirts 200 Jerseys 200 Advertising Printing Art I Typesetting Entry Distribution I labels I Postage Elite Racing Costs Contract Labor Signs I Banners .Rentals Insurance Entertainment Bib Numbers Prizes I Awards Permits Charily (minimum) Contingency @ $4,00 @$10.00 @ $17.50 $ 6,800 2,000 3,500 9,700 8,300 2,000 4,400 16.000 1,000 1.600 4,500 2,500 500 500 300 300 5,000 1.590 $70,600 $ 400 Total Expenses "", Profit I Loss 10508 V\STASORRENTO PARlW'JAY, SUITE 102 . SAN DIEGO. CA 92121 . 618/45G651 o. FAX 619/450-6900 .JOINT REDEVELOPMENT AGENCY/CITY COUNCIL AGENDA STATEMENT Item ~a.., b Meeting Date 03/15/94 ITEM TITLE: a. Council: Resolution /7fl/ 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 l.3q 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/tosts Director of Park~ and Recreati~~ 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. DlSCUSSION: 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 [AI13 -bikelOUl'.A13] I <- - I Item5.. ..h Meeting Date 03/15/94 has successfully coordinated the Arturo Barrios lOK 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-Shatp Hospital ($2,500 in cash), has made initial contacts with EastLake Development, and has excellent contacts with a large number of national cotporate 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 [A113 -biketcw'.AI3] 2 ~ - Item6t<.j 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.] [A1l3 -biketour.A13] 3 -\-'3 _ '..... _.. ..,,_, _ _, _.~ ._. _. _._/ ~~_'_'."~_~'~__'__'.____._._._._~_,_._.., ~'-.._~_ __._..__~"'__~.~.H___'___~~'__""""_'''~'~--'~'~~'''-_~ Item ~ 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 Conununity 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 I, 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. [A1l3 -biketour.A13) 4 4_'1 _.'_',_'_~"'___'_'.'_..,~~..__.~ _~ _._.. _,_",_,,~'-~~"_',_~_~'-_,~_~"""""""'~_"""""'i_-__"',,";"Iu-.,..~_......~,__-/.._ ~//I'. ~~ --=-- 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 minimum 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 Chu1a Vista. The event will bring many new people in to Chu1a 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 gOl'lls are reached we can put 0:\ a first class event that will be a significant fund raioer. for Parks and Recreation. Wi'! look fo:~wal"d to producing anothe.r gH,at event with thoe city of Chula Vi6t~. PleDsu c~11 me. if yo~ ~aVD any qUDstions. Since)"€,] y, ~-- Tim Mu ~_~ 9 VISTA SORRENTO PARKWAY. SUITE 102. SAN DIEGO. CA 92121 .619/450-6510. FAX 619/450-6905 ~///" T~ ---- TOUR DE SOUTH COUNTY WORKING BUDGET Based on 1,500 participants INCOME Sponsors: City of Chu1a 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 / Banners Rentals Insurance Entertainment Bib Numbers Permits Charity (minimum) Contingency Total Expenses PI:cfit / 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-rp 10509 V1STASORRENTOPARKWAY, SUITE 102. SAN DIEGO. CA 92121 .619/450-6510. FAX 619/450-6905 .. ""-'-~~-----"""'- ~.,..-r.,.___...._ 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"). WIINE~S.!HH~ 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. [AI13 - elite.agt - 2-25-94] 1 S-7" -,_..,." --~,-"" - - '...._.._....,.,."...._~...~.~.~,...~._.__.~---_._---------~~ __~______.,~.~.__ ~'~'_~'.'.'.~"'"",~",~y-"<~"",,,,~,"_',., _'._~__."N ~~..,",..,_._ 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. [A1l3 . 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 WITNESS WHEREOF, this Agreement was executed by the parties on the date set forth hereinabove. THE CITY OF CHULA VISTA EllTE RACING, INC. John D. Goss City Manager Tim Murphy, President Elite Racing, Inc. ~IDr Bruce M. Boogaard City Attorney (A1l3. elite.agt - 2-25-94] 3 S-tj ,- -_._.~._.~,----------------~-~-~'--~'"'_...._-_..__.""._--~-_.._,-, "--,..., .-. This yage intentionally left blank. -". . f.--IO ."__" _ ~___~__.__^_-./M___~__'~_'_~~_"___~___'__"_______"_ RESOLUTION NO. / 7'1/ / 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). Presented by au~r Jess Valenzuela, Director of Parks and Recreation / er is hereby city. BE IT FURTHER RESOLVED that the Cit authorized to execute said agreement on behalf Bruce M. Attorney c: \rs\elite 5-~(/ This yage zntentfonaIly left blank. 6~ /,?--- ., RESOLUTION NO. )3ql 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 Presented by Jess~n~tor Parks and Recreation C:\rs\elite.l"'a of , a~to fo~ by 1.=::: Laa ;Jay Attorney .~-13 -.-.. ------~-~----- --~----~-_.._._~-~--- ~._-----_. --~_.- - -' -. -.'- ----~._-_._-_._-.- --~'.._--~ -.- This yage intentionally left blank. .r- ( '-f REDEVELOPMENT AGENCY AGENDA STATEMENT Item (;, Meeting Date 03115194 ITEM TITLE: Resolution l ~q jJ Approving First Amendment to the Amended Palomar Trolley Center Disposition and Development Agreement and Authorizing Chairman to Execute Same C). SUBMITTED BY: REVIEWED BY: Community Development Dr~or Executive Director -1lt ~811..-:?' (415ths Vote: Yes NoLl 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. BOARDSICOMMISSIONS RECOMMENDATION: NIA 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 Day Care Facility: 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 (;-1 Page 2. Item {. Meeting Date 03/15/94 care facility nearby, with the first choice being a property identif,ed 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:I approached the Mayor and staff about the possibility of sighting a Head Start facility on the subject sight. ECS operates a number of Head Start schools in the region and has access to additional funding. After further meetings with the property owner and the developer. the following approach has been formulated: . the entire parcel would be controlled through an option agreement while ECS and Habitat for Humanity put together a joint proposal to build and operate a Head Start school. a day care facility. and a for-sale affordable housing project; · the Head Start program would have "wrap-around" child care, so that working parents would be able to place their children for the entire work day; with priority given to employees of Palomar Trolley Center, the proposed on-site affordable housing development, and the Dorothy Street Manor public housing project; · The affordable housing project would be a low-income for-sale product to provide neighborhood and project stability, to fit with the existing neighborhood, and to avoid a concentration of low-income rental units in conjunction with nearby Dorothy Street Manor. Habitat for Humanity. which specializes in for-sale low-income "sweat-equity" projects (the low-income buyer contributes construction labor as part of the down payment), is preparing a joint proposal with ECS to develop the property as a Head Start school. a day care facility. and a low-income for-sale housing development. Together. they are developing conceptual plans and preliminary development and operating budgets (see Concept Drawing. Attachment C). Although those plans and budgets are not available yet, it is clear that both organizations will be dependent on subsidies from the City and the Agency to fill financial gaps. Sources for such subsidies would most likely be Community Development Block Grant. Home Program funds, Redevelopment Agency funds. and 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. 1994. and extends for 30 months; it is null and void if the Agency does not approve the First Amendment. ro -2- Page 3, Item 10 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 CDSG 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. (,-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. COSG funds can be used to finance day care, but the City's COSG 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 COSG funds for acquisition of the day care portion of the site (estimated to be approximately $250.000.00) in the annual COSG 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 Comoonents 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 OOA for Phase 1. When the Phase 1 OOA was replaced with the Amended OOA to include Phase 2, this provision was included for Phal?e 2 but was inadvertently left out for Phase 1. The First Amendment includes it for the protection of both parties. This is simply a restatement of the clear intentions of the parties. Finally, the First Amendment establishes that the City-controlled fee rates for Phase 2 of the Palomar Trolley Center would be the same rates applied to Phase 1. The staff-supported justification for this "freeze" on the fees is that the project was conceived as and negotiated as one project. in which the Agency is a participant, and that it was only split into two phases later in the process to allow for the sooner development of the bulk of the project while the more-difficult easterly properties were dealt with at the pace they required. The project feasibility analysis and the Agency/City financial participation were based on a single project subjected to the existing fee schedule. Property acquisition. relocation. and public improvements financially burden the project substantially, and the developer wishes to be assured security from potential future fee increases in the event that Phases 2 is not accomplished for one or two years. The original total estimated fees for Phase 2 of the project are approximately $145,000.00. There is no practical way to estimate what the fees might be when Phase 2 is developed. (,-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. 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"- "- ~ >. <1> - - o _F ____ _______~~.__..~.__.~~_______'N._..~.....,___._._~'""_._._~_..,'___'__._ _.__ 0-/~ .,_.,_...^-...'~.".,.-__,._..." 11_. -,~...,----~'-'- 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". W ] T 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 I, 1994 the sum of Ten Thousand Dollars ($10,000.00). Said sum shall apply to the purchase price; -1- & -1.3 -~,~~~-_.~-~,~-~~..._----~-------------------_._. _._~__.....,"".._,_.._.- I.. - (ii) Commencing on January I, 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 I, 1995 the sum of Ten Thousand Dollars ($10,000.00). Said sum shall not apply to the purchase price; (iv) Commencing on January I, 1995, and on or before the fIrst day of each subsequent month thereafter through June 30, 1996, the sum of Two Thousand Seven Hundred Fifty Dollars ($2,750.00); (v) On January I, 1996 the sum of Five Thousand Dollars ($5,000.00). Said sum shall not apply to the purchase price; (b) This Option is conditioned upon the approval of the City of Chula Vista Redevelopment Agency ("Agency") of the Amended Palomar Trolley Disposition and Development Agreement ("Agree- ment") and of the First Amendment to the Agreement ("First Amendment"). If approval by the Agency of the Agreement and the First Amendment has not been obtained on or before March 22, 1994, payments under this Option by the Optionee shall not commence. Upon the last of the two agreements to be approved by the Agency, Optionee shall, within three (3) days of such approval, pay to Optionor all payments as are then otherwise due and payable under the terms of paragraph 2(a) of this Option. ]f 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- & -If- - _._~,"'''._,''.'--~..___._.c.'--_,",,~._~'''''''' 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- t- /j' 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. Right~ of Optionee During Term of Option. During the term of this Option, Optionee and Optionee's agents, representatives, employees and assignees shall have the right to meet and discuss the Property and its proposed development with all City of Chula Vista, Agency and other governmental entities and agencies and with all parties with whom Optionor or others have contractual and other arrangements in connection with or relating to the Property. 10. Optionee's ]nspection 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- ?-/~ /.. .......,- ....-....--.-.. .. .-.--.---.-- -.-...".---"...--.-. ---'-~-----'.- ~.._- -'----- -. .. any loss, claim, demand, liability or damage resulting from the activities of Optionee, or anyone acting pursuant to authorization from Optionee or in relation to the Property, and from and against any mechanic's liens or claims of lien resulting therefrom. In the event this Option is not exercised or is otherwise terminated as herein provided, Optionee shall, at its expense, return the Property to as nearly the same physical condition as it now enjoys as is reasonably possible and shall repair any physical damage resulting from its activities thereon; provid- ed, however, that Optionee shall not be liable or responsible for damage to the Property which is reasonably necessary to the investigation of its physical characteristics, including soils tests and surveying. Optionee shall also upon termination of this Option, provide, at its expense, copies of all reports and studies resulting from any inspection of the Property. Optionee agrees to give to Optionor not less than five (5) days' prior written notice of any inspection, or any other activity of Optionee hereunder which could result in the imposition of a mechanic's lien upon the Property, so that Optionor may have the opportunity to exercise its right to reasonably refuse permission to conduct the activity or to post and record a notice of non-responsibility. (c) Optionor warrants to Optionee that Optionor has not received nor is Optionor aware of any notification from any governmental authority requiring any work to be done to the Property. In the event Optionor receives any such notification, it shall immediately notify Optionee of such requirements and whether Optionor agrees to do the work at its expense or not. If Optionor does not agree to do the work, Optionee shall have the right to immediately terminate this Option. 11. Obligations of Optionor During Term of Option. Optionor hereby covenants and agrees that during the term of this Option, Optionor shall: (a) Pay, on or before the same become due, all liens, encumbrances and real property taxes relating to the Property. (b) Not further encumber the Property during the term hereof without the prior written consent of Optionee. 12. Attorney's Fees. In the event of any controversy, claim or dispute between the parties hereto arising out of or relating to this Option or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. -5- & -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 Document~. ]f 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. WarranQ'. 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 BoulevardlSan Diego, California 92109 -6- (; -/8" OPTIONEE: (3 copies) Cypress Creek Company, L.P. c/o SunbeIt 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. Exhibit~. All exhibits to which reference is made are deemed incorporated in this Option Agreement, whether or not actually attached. 23. Tille. 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- 6- Ie; . 03/07/94 10: 42 PENNY REALTY ] NC. .. 619 554 1999 11AR-07-1994 11:25 FROM MMC&LATlGO WEST SAN DIEGO TO - --'~ -- -.----'.. .._,~_...._~ I::jB:-57~'-I1CiT 94884129 P.02 24. preparation of OJl.fuln. The reasonable cost of preparing this Option is being paid initially by Optionee. Upon exercise of this Option and the s1,lbsequent close of escrow, however, one half of such cost shall be reimbursed to Optionee by Optionor, or if Optionee has assigned its interest under this Option, one half of such cost shall be reimbursed to Optionee each by Optionor and assignee of Optionee. 25. Dnpl\J;llt.e Drlg;nals. Tb.i.s Option is e1\ecuteo. in several duplicate originals, each of which is deemed to be an original, and all (jf which together shall constitute one and the same instrum<::nt. This Option sb.all be effective as of the date executed by the latter of the two parties hereto, unless otherwise provided in this Option. IN WITJ:I.'ESS WHEREOF, the parties have executed this Option to Purchase Real Property on the date flIst above written at San Diego County, California. BY: TROLLEY TERRACE a Califo . "OPTIONOR" "OPTIONEE" CYPRESS CREEK COMPANY, L.P., a Delaware limited partnership EY: SUN BELT MANAGEMENT COMPANY a Florida corporation Its Managing partner BY: SHEPHERD D. JOHNSTON. President -8- c, -.:?6 ....~_~._~_~.v+_'_~.____,_.-___~__~.~....___~_._.____._____'"""""'~ "d ... ,~ ....' ~-----"'----~~~.__.y RESOLUTION / 3 9 J.; RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING FIRST AMENDMENT TO THE AMENDED PAWMAR TROLLEY CENTER DISPOSITION AND DEVELOPMENT AGREEMENT WITH ONE CONDITION AND AUTHORIZING CHAIRMAN TO EXECUTE SAME WHEREAS, the Redevelopment Agency entered into an Amended Palomar Trolley Center Disposition and Development Agreement with Cypress Creek Company on July 27, 1993, for the development of an approximately 190,000 square foot commercial shopping center in the Southwest Redevelopment Project Area, and; WHEREAS, a First Amendment to the Amended Palomar Trolley Center Disposition and Development Agreement has been prepared which would provide for a mechanism of reimbursement to Cypress Creek Company by the Agency of funds extended by Cypress Creek Company for real estate option payments on a property which is the proposed site ("Site") for a day care center that has been perceived by both parties as a desirable amenity to the Palomar Trolley Center, which would further clarify the intent of the Amended Palomar Trolley Center Disposition and Development Agreement regarding the threshold for litigation expenses incurred in condemnation actions as it pertains to Phase 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 imd, 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: ~~ .!f/!l.oV!fL ft-w)/!J f Bruce M. Boogaard Agency General Counsel Chris Salomone Community Development Director [DGlDISK4\ WP51 \A:P ALDDA.RES] {, -0/1 6 - ,.,2, JOINT COUNCILIREDEVELOPMENT AGENCY AGENDA STATEMENT [and] Item 7 t1. , b Meeting Date 3/15/94 Resolution / 7 1// d/ Approving agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects b) Agency Resolution /393 Approving agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects Dire"", of P"lili, wo":Yf ~ City Manager~ ~ @ (4/5ths Vote: Yes_NoX) a) ITEM TITLE: SUBMITTED BY: REVIEWED BY: Several capital improvement projects are currently budgeted which require additional right-of- way for construction. To expedite the acquisition process, staff must first appraise the value of the property. Staff proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year. Staff has evaluated the proposals for providing professional appraisal services and recommends that the City/Agency approve an agreement with Anderson & Brabant, Inc. to provide these services through March IS, 1995, which will also include a renewable clause for an additional year through March IS, 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 Manager/Executive 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 1- ! - - --"---'"~^---'"-'->"~--'-'--~'~--'.--'----~'-'-----~~'-_._--~~.......-;;.~............._- J..'... ~'''''''''''''_''''_'-''-..c-.................... Page 2, Item 1CJ/, 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 Manager/Executive 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: I. 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 \VPC F:\HOME\ENGrnEER\AGENDA\anderson.agt 1-:2 ~ ~ - ~ - -- --__~ '_~ _ __ ___ _ ""_ __,___~.~~_._~____W,._~____--'~.~'-'~___...__ --_."-"~- "...., .~.~ ~.~-_.. ~... -'~_._- -- -- PARTIES AND REC]TAL 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 I 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:'JI0ME'ENGINEER\16S4.94 Page.l 7-"4 -." .._."._.~.",.. ~"... , ~ '"'~-""<'.'~"-'-~-"_.<~"--"" ,. .. ....<.-..-,-- ~_._..... ..---- _..~_._,,_...- OBLIGATORY PROV]SIONS PAGES NOW, THEREFORE, BE IT RESOLVED that the City, the Redevelopment Agency and Consultant do hereby mutually agree as follows: I. 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\ENGINEER\1684.94 Page 2 "i --LL 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. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. Page 3 WPC F:lHOMElENGINEER\l684.94 1_r" (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. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. WPC F:\H<?ME\ENGINEER\l684.94 Page 4 7-/ ~~~~~-------~"'-p~---- ..........:.....""""'-'-_.._-~...---:..- 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:1II0ME\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'ENGrNEER\1684.94 Page 6 'J_ V 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 hannless 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\1684.94 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 hannless with regard thereto. WPC F:IIlOMElENGINEER\1684.94 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 f1led 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 pany 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 panIcIpates 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 pany shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such pany, postage prepaid, registered or certifIed, with return receipt requested, at the addresses identified herein as the places of business for each of the designated panies. wpc F:\HOME\ENGINEER\1684.94 Page 9 'l - II 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 BHOME\ENGINEER\l684.94 Page 10 '7- /2- 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: by: Bruce M. Boogaard, City Attorney Dated: Exhibit List to Agreement (X) Exhibit A. () Exhibit B. WPC F:\HOME'ENGrNEER\1684.94 Page 11 ? -/.3 1rJHITI~ ]PAGE JBILANKi '1---1(.. \ .... ....-. . .,..---- -- ~. -. ... - -- _,.,~--,';":~-----'-~-'-----------"'- --'----~~~._~'-_.---......_~._-._._~.~..._'""""'-'-_.._-""""""'- EXHIBIT A TO AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE C]TY OF CHVLA V]STA AND ANDERSON & BRABANT, INC. 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: form] , a [insert business ("City") 3. Place of Business for City/Redevelopment Agency: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Anderson & Brabant, Inc. 5. Business 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 F:\IlOME"ENGINEER\J685.94 Page 1 rJ.-/r .._.. ...__ ~~'__,,, .. ~.._...-~,. *._... _._. .... ... ~_ _ _ _ n'__'_"'~,_,~__ ___ -. - - - -.-:....---. _...._,~-,~,--~--~ -_..........-...-,.-..-.~...'"'''''~._.~,_...--_._._,._.__._._.--: 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 ~6000 et. seq. (state or city funds), and/or 42 U.S. Code ~4601 and it implementing regulations 49 CFR Part 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if City acquisition) or Redevelopment Agency Resolution Numbers 79 of 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 ry .-/ / c., _ _." _.._ ~ _ ..,_.____,w,____-.-_>~_:_____ -...,~._--- ----'"-~.__... 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. 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 the Agreement. Consultant shall proceed with the work immediately upon authorization and prosecute the work diligently to completion. This agreement shall extend through March 15, 1995. This agreement may be extended by written authorization from the Director of Public Works for an additional year. This agreement may be extended by mutual consent through completion of acquisition services initiated prior to March 15, 1996. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. ( ) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: City agrees to furnish to the Consultant, in a timely manner, such maps, records and other documents and proceedings, or certified copies thereof, as are available from City offices and may be reasonably required by the Consultant in the perlormance of these services. WPC F:\HOMElENGINEER\1685.94 Page 3 7~rl II . _._____.._._H"~.~._~_.__...~.,,~.,, 'r.T'_~'_ ... ~---,;".._-_. 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. 11. Compensation: A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , 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:\HOMElENGINEER\l685.94 Page 4 t-] ~ /0 -~--'~~'-'.'-~._'-'--~'- ~~~......_~....---.. (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 80. RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Principal Appraiser $150.00 Associate Appraiser 100.00 Research Assistant $50-$75 Clerical 40.00 Appearance in Court or Administrative 250.00 Proceedings Deposition Testimony 250.00 () Hourly rates may increase by 6% for services rendered after [month], 19_, if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $__: ( ) Copies, not to exceed $__: WPC F:\HOME'ENGINEER\1685.94 Page 5 -? //? ( ) Travel, not to exceed $__: ( ) Printing, not to exceed $ ( ) Postage, not to exceed $. ( ) Delivery, not to exceed $ ( ) Long Distance Telephone Charges, not to exceed $ ( ) Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ ( ) ( 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 C sultant's action or inattentio to the service, City shall have the right to tennina the agreement and/or ess liquidated damages as herein provided. It is diffic t to estimate the am nt of damages resulting from delay in performance. The arties have us their judgment to arrive at a reasonable amount to compensa for delay. ~/? It ~~ 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 1 excess of the time specified for the completion of the respective w assignment, t consultant shall pay to the City, or have withheld from rnoni 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, w' 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 e 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:\HOME\ENGlNEER\1685.94 1/2fJ Page 6 ...,--------~----,-- -..--...........----- .~ () Category No. I. 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\IIOME'ENGlNEER\1685.94 Page 7 7_~/ /"-'--'-'~------- '-., ...,-......-."..."-.- B. Day of the Period for submission of Consultant's Billing: () First of the Month (X) 15th Day of each Month () End of the Month () Other: C. City's Account Number: Various CIP accounts. 19. Security for Performance () 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: WPC F:\HOME\ENGINEER\l685.94 Page 8 P'] 'J-. _ _'~'H__'__.___.,<<._____^,. /. . , 5 7265.4 RELOCATION ASSISTANCE Title 1 Df...7 ". \-,' 5 7266. aevlew 117 pubUc atlt;r or reIocatlOD appea1a IIo&rc1 (a) If a relocation appeals board has been estabUshed pursuant to Seetlon 33417.5 of the Health and Safety Code, a dty byordlnanee may desll'late the board to hear appeals from aD public entities, ex- cept those ltate aeencles which have an appeal process, on the eUiI- _ b1llty for. or the amount of, a payment authorized by this chapter. (b) Any person awleved by a determination as to eUilbl1lty for, or the amount of. a payment authorized by this chapter may have the application reviewed by the public entity or by the reloca- tion appeals board if authorized under subdivision (a). The review of a determination by a community redevelopment agency may only be made by a relocation appeals board estabUshed pursuant to Seetlon 33417.5 of the Health and Safety Code. (Added by 81111.1974. c. 47. p.l02.1 S.8, eff. Feb. 28,1974.) :- .mplallll III ad ftID, aatborftl" C'o ItIaJD d.at -roOf Saputor Strut . Oaklnd (18771 ~887. I. Heart... ..'thouah Call', law.. aot eXI . 1D, aDd t"~ t..'n hIoea'lo. ...ofi' falrl, .....nocl .hiel, an,. _..rf~' Otl" of Loa ADlft') CaI.JlPlr. 188. .1 A1lboarh ..loca, aot 11,,,'e..." ,rc ",bleL ..w.... .. auch ""litINIn~Ot. tlte "ri~.. proeea,. ad. of . HDctemn "mlDd 01 0)' ptr 'Irmi.lt&on .. 10 . :fa PI.,.eDt ."tho, tlDee Ie.. at, SIJPuior Coart to (1m) J26 CaLJlp .. ....-... WIl... appu..., , arlolq b, rin" a' publie ndt)' ... . admlIlIoI..tl... ebaa. lu faII.re to _k tin audalllDl 1IU rior Strut" BaDler Jaod (18771 1<<1 CaI 187. Tun, ",bo faIJod ar tblo Mello. w1tb . hIoeatioA ....flu . "'rtl ar __.. ~ ... a.tb.ri., to .., ,.ddo. for writ fit . lor -..,. wlthla m.... ar f.rmal IIIio; Jar aatbori., .. . 0.. aat_ Pratt<tl.. ar ...... a. .......,. ether p_ ar "'" ...... ..-'.' .- - " ,roeIdlll bJ tblo _.. _ . '/212. . '-t ~ .110. . LIlnI7 w.. r c.J.8:......' J)oalaIa . 118 It aoq. ..... .. I" tl:r-- I. la ....ra1 a.ee...t1l1 elabDut for "Joet;dOD u.. ef anonle, feel. hperior Strat . Beu- _ ....rnd ",b.. pro...., _. tak.. ... Co. e. P.rt ar Oakl.ad (1m1 1<<1 10. ..bile _ ..... all' _tldod to a_ocI CaLJlpu.I1lI, 12 ~ 887. lliltorlcal Nole F.rm.. . '1266. addocl b, 8Ia,",1889. e. D.rt..,I..: F...... . '/286, added bJ 1488. p. 80-13. I 1. proddilll lor tho filial. Btato.1889. .. 1488, ,. 8063. 11. tu of n\'le." ., pabUc eutltl of paJ1D~ot eIIc\bUity or amouDt. .11 npelled b)' ...tI.187'. .. '1. p, 102. I 3.5. 0.. aat_ PrehedoD ., ewDer or eecaput. odIer .""rf..l-- ., law Pftaa ....Rr ~ .... " proeldod bJ tWo -. _ I '/212. , LIIrarJ...... r IlaaIeIpaI Oorpo.._ ..nT. c.J.I. u '~..' 0aI...._ . U08. .... ., II .. - I. la....... WIlt.. ..rt ........, ,.,..sttlll aa1t to .. ~b, aplut I' bJ war ar -pIalIl' eo. _ell ar 4at1 ... __ .....b, ...... ..twta ., "'_61-_ ,., .... '164 .. . 7267. Gah In order to eJ erty by qreemel eGIIpStfon in the ( UIe public Proarar. acquisition Pl'actlc. tleable, be IUlded cJualve, except thal 1 and SectIon 126': la _ra1 I "....." ar ~a 4 ......... I ........ . ....... . . , '. ~. ..: ." .. Title 1 DfT.7 ItELOCATlON ASSlSTANCE . 7267 . 7267. ....."- for pabIIc _1I1It. III order to eDCOlD'Ip aDd expedite tbe acqulIftJCIII 04 ra1 prop- erv II)' III_fa wlth 0WDerI, to aw1d JItlptiCIII aDd relieve eoDIfStlOD iD the eourtI, to __ CCIIIIIsteDt treatmeDt for ____ iD tbe public PJ'OI1'&DII, aDd to promote public ClCIIIfIdeDoe In public land aequls1t101l praetloes, public entItIea IbaD, to the ,ratest extent prac- ticable, be cu1ded by the provII101l1 of SectlOIII 'l267.1 to 'l267.7, In- clullve, except that the provII1_ ollubdMIIOD (b) 04 Seetfon '1267.- 1 and SectlOD 'l267.2 Iha1I DOt appJy to tbe acquIIltioD of any __ '166 t.. ...._ tUa _pIalIlt Ie _..tIT. ......... tAl -, aat..rt17 ~d a.t .. ..'" ta .... ~a tIIat "..... ._.. ... _,I.,ed. 8aperior Strut . BaDlft Co. Y. Port of Oaklud (18711 140 CaUlptr. 114, '12 C. A.Id lIll1. I. Haerta.. .&1thoach CaIlf.mla _dOG __ Ia. 4Ioe. aot expre..', prorid. for Mar- lac aad tbe takfD, of njd,DCf OD UaIH of "Joeadoo btll~flt.. .ucll ",alrem,oft are falrl)- bnportf'd ., the "wi... PfOC'IlI which .01 "crleved perlOO "'1 Mmand. Ch, .f 1.0. Aar.I.. .. Iloehr (1876) 132 Cal.R,lr. 188. 61 C-4.Id 444, .AJtboarh Nloeadoo a-.l.taDCt Ja. ... Dot ..['r.lII.I~' proylde lor a Ite.rlol at which erideat"! Ia ",aired to be tabD. aoch Nqutr~lrleDt. are fairl, bnport~ b)' tIt~ revi.. procet. which tbia HedOD n. art. or a eond,mlllol l,ubUe eorit, OD tI.~ ftmaad of aD1 pt'raOD 'Icrined by a d~. tennla.don II to elicibUit,- lor or amoot of Pli1meDt .athorfaed by ftJoc.oatlOD .,_ .i.taare Ja.... ChI of MouDtaiD VI~w ". Superior Coart for Saot. Cia,. Couat)' (1873) 126 CaUl,tr. ll3Il. G4 c.AJIcI 72. allJ8ot_ rIor lit",' . BIlIl' .kl.ad 11m) 140 .881. peW IIo&rc1 Ished pursuant 'Y by ordinanee Uc entities, ex- II, on the eUiI. y ", chapter. II ... eUilbl1lty , chapter may by the reloca- ). The review :ency may only uant to SectIon I. ....~..II. ""hert applicaat for NJO('atioD espeDtel arialDI b, Yirtue 0' aequilhioD 01 laod by public edt, ... _at required to paf'la~ admla"t..tJ.. chan." III fI.., Jutau... (to fall.... t. _k ..vlow b, admllll.t... ti.... ..Ddamal ... Dot Improper. Sapt. rIor S.rut . Baar.r Co. .. Port .f Oak. IIlIld ll8771 140 CaUl,lr. GIll, '12 c.AJIcI 187. Teuat who failed at uuat "-.41.. .r tb.. MCtl.a wlth _poet .. "'''01' f., _tioo ....flto ... ..t .dtled to writ of ....... .reetIq th. ID.d.... ... aath.rI~ tAl pa, _10 "'oflu: tII. ..dtloa f.r ..rlt ar _I. .... a _ fo, _.,. wlthlll ....dat.". nQUl... -.ata: of loraaJ a.u.., willi .... nab.o. ... aatHrllI .. a ............'" .. _ I '1266. added ., 1N3.11. aer .....- tUa .....tioaa I IIll8. ,....... '-'~'" , ..rmltted IIIIt to> , "a, ar _pIalllt ., ...... 0.."" aI: a ra. fIIIIlI 'i-dof _rt .-.. p-"od .. atel.'.. JIalaa ... ....thpt. ......lIoa aJld Park IlUt. (App.J878IlJO CaUl'lr.l36. ......... "0 .......tad "'ptr eerrict OD ...... .ma!._ ... .110 ... eolDpeUecf to _till... ... ...... ....... dt, lOarbt .. _afre tM ....pert, lor _Net UHI r~. lated purpoe... enW .... to fftOnr IUt. atoI'J tlztd nlocadoD "'7IDeDt AD th~ eoo. "lDudoa aedon; .....e..". _1ft, who ..d eabaua-red Ida admllllltratf..e remediel. ... required to proceed " .., 01 t"rOl, eomplalDt weldDI Hlnlolltrath'e maada. .al rather tbu ., "'7 01 auw" to eft,'1 eomplalDt ID eaiDtDt tIomalo. Ctt7 ., )fOUDtaiD View Y. Superior Court lor Ile.t. CIa.. ('<l""', (1873) 126 CaUl,I.. _1If CJ..ad '12. Jr a eood..... ... ..... doaled del.ed nIoeatfOD "Defh. " H\'e"~ aedoD 01 lite eoDdtlnDJ~ public "tit)' OD tt. "ft. 91..." ar IlIt dalm " lto ..,....lar bod, .r other .ppropri.te aa1horit)'. ao that CODdemD.. ... .sbaaated bll admlDlltra. tin NlIled'... Ills ..1, juctidal "Intel)- Un ID feddoRlar tile nperior eoort tor relief Ie adaalDlot..d.. _..... Id. .. .....1111 ~ _I.. Dedaloo ., public ndtJ II to paJ"'IDeDt ., nloeedoA":". aspt.... .'ter Propert7 iI labo tor public IMIrpoIe II tiDal oob .. tAl ,a..tloat ar faet. .....rt., Btrul .. S..... Ce. .. Po" or Oaklud (18711 140 CaUlPI,. G14, '12 CJ..ad 887. .. -.... WHn ..rt _tborttJ'. pt"Oeedun tor ,...m, .. cI&lan for NJoeadOD .SpeD'" ._ '.r .. I8Itl1aOO1, .. faet.flIlcIlIl. ".nalaadOG aJld .. apport1lJllt, tAl .. ..'" .. pa" at _I, .....t ... _ nQUlrad to _k _red.. ....... Wa.. fIIIac Ita _pIalIlt for _. _. _ _ Ie ....lItr _no "'porl.. Strut .. Be.... Oa. .. Po" ar OatIaad (1177/ 140 CaI.Bptr. 111I, '12 c.AM lIll1. , ; I 7267 RELOCATION ASSISTANCE Title 1 01...7 5 7267.: Befon entity aha! . ation ther ty for the', be _ tha value ofsu valueofn call1ed by I qulred' or ; t auch Impr( within the I prded In d entity aha1l written sta: tabUshed a: er occupied dentl81 unit a copy of tI prlate, the dama&es to (Added by I 178, 11.) . 'ne 1118 .. . , ...teaet Jelati tile appralaa1. ~"" ..... ,m4. PNt_ .1 . II prorid. --- .. W.U4. '-tlloao I 7267.3 '!be cor be 10 8Cbed1 "'K ment, ri&ht-of-way, covenant, or other nonposserory Interest In real property to be acquired for the construction, reconstNctlon. altera- tion, entaraement, malntenanee, renewal, repair, or reptaeement of lUbsurtaee _ra, waterllnes or appurtenances, drains, IePtic tanks. ClI' storm water drains. (Added bJ' Statl.1971, c. 1674, p. 8160, I 10. Amended b1 8ta1l.1976, c. 108. po 682, 11.) .... rtcaI Note fte JIT5 _---.., ....n.a tIa. ea. FonDer' nm... .......na 112S7.. ..... . aad ..eJUled ., 8..1&.1811. Co 11114, P- IUO, I 8, c:r.. aaf_ ._"' .oq1Iiol_. ., pordaue o. .........don, ....raetlo. at w. .-dOll, - 112'14. ProtectiOD of OW1lef or oeeaput, other Itronmou of law ,I.., .....te' proteedoD dIaD 10 prooldod ., W. _n, - I 'l212. KillIan' DoIaalll "180. ...,.,.... tT CU.s. J:min0ll' Do&alIll1l8 .. 104, NoCeI ., 11. c1rt-- .. '" .......1 ett,.. faDare to follow pideUDI. for Yen. eoDd,mDlrioD. Toto.. Cit, of Ban- _tIodDC wllb lud.,."tf ....d... .hll ..c. ta Be.b.... (1878) 1111 CaJ,Rptr, 8l2. 88 t60D en1d Dot e....tt _all of acd 0 1D ID. c.A.84 164. - I 7267.1. AcquIsltlOD (a) The public entity aha1l e every reasonable effort to ac- quire expeditiously real property b nerotiation. (b) Real property aha1l be app before the InItiation of De- IOtiations, and the owner, or his des! ted representative, aha1l be liven an opportunity to accompany the railer durInr his lDspec- t10n of the property. tl:'-.' .,' ,-' (Adc1e4 by 8tata.1971, c.1&74, p. 8161,111.) o.aa aaf_ .....rtr ~1' .""'-- ., ,.,.... er .. -..... "- ., .... -=claD. ... ,m4. r~....doD ef ...., ... .....t. edit, ".-..lllY::! ...,.... IhIaI ...-ter _I t ." .... II proridod ., W. --. _ , m2. IAnrJ ......tr v- CU.a...... >>-ala 1m at_. - t o.aIa ~1.. , ..... 'III .. I. ........, .... ~rtr .. ......nd tar ..... - .a-J ...... ., ...... ., ....... ... tr~ IlI"I' A ...... Ca. ... Port ., .. II ... ........... .. ..,.... ., ... (11711 140 Caaptr. 611. U Co ......... _ ... 1& II ........ ..... 117, '166 -'~~........---~.-- ---~~----- .-- ---,"-------_.----------- " . DlT.7 IlELOCATlON ASSISTANCE I 7267.3 'I'lU.l trest In real Uon, a1tera- lacementof epUc tuiks, ""'I - t?'_ ~ Kc......'i"'...:..~ JIIIt _peIII&UOD; elfer 01 faIJ' -.rUt ftIDo: writ- tin .11I1IeDt: ......... 01 appraIaaJ the InIt1atiOJl oIlIeIOtfationa for real P'U)'C' tT, the public entity estabUsh an amount which It believes to be just campen- .tion there , and ahall make a prompt offer to acquire the proper- ty for the full ount 80 established. . In DO event ahalllUch amount be Jess than the ubllc entity'. approved appralsa1 of the fair market value of such pro~rty. Any cIecrease or Increase In the fair market value of real prope~y to be acquired prior to the date of valuation caused by the public ,Jmprovement for which IUch property .. ac- quired, or by the likelihood that the property would be acquired for such improvement, other, than that due to physical deterloratlo!1 within the reasonable con~ of the owner or occupant, wID be disre- prded in ~termlnlni the coDlJlensatlon for the property. The public entity .ha11 provide the owner ~ real property to be acquired with a written ltatement of, and summ~ of the basis for, the amount It es- tablished as just compensation. WIlere the property involved Is own- , er occupied res.ldentfa1 property and tll1ntalns DO more than four resi- dential units, the homeowner ahall, UPOl\.req~ be aDowecI to review a copy of the appraisal upon which the dUer Ii bued. Where appro- priate, the just compensation for the reaI'lIro,erty acquired and for damaies to remaln1ni real property ahall be 1eparate1y ltatecl. (Added by8ta1l.1971, Co 1674, p. 1161, I 12, Amended b)' 8ta1l.1978, Co 178,11.) 3ta1l.1976, Co .bo..., 1 'l28'I~ 71. c. lllU. .. .-.- ~..tIlaJI lJ. aq. .. Ctl, or ..... LBptr. .12. 18 Iffort to ac- ....altal Note Tbt 1818 ..ud..... _nod tile IIfth MDttDl:'t nlatJlla 10 "tie. of a eoP1 of tile .ppralaal. atlon of De- ive, &haD be : Ills tnIpeC- . , , 0.. ... .....n' ..,.aItIaaa ., ........ .. . ..... --:....ttc... ., .... --. _ .m4. PNttctioD of .....r ., ......t. ..., .J"~ - -r T" law __ ..-teI' 14 1 ...... II .raftdod ., .... -. _ 11212. ' . ..-. - ..........edla .... .... ...... - .-- - <<Jml' I'aeI& W.U4- . 4'- -. 1~~1.. Unar ...,., CL&....... Da.ala . IZl at.... = at .... 5 7267.3. 1ehel!aJbtc!ln to..cU. _ ...AJPe.lllt; ...Itt._ Mae: time The COlIItructlOJl or development of a public ImpfO\o_t ahall be 80 8chedu1ed that, to the Irt&teIt extent practicable, DO perIClII '1&7 7 - :J(/? fa' We __ Cc Pon ., IU. wi, 12 C. .- ~-,~---,~,-~ ,~------'--'---'~-""-'--'._'.' ,. ---,,~-~ . ,', . 5 7267.3 RELOCATION ASSISTANCE Title I DI...7 lawfully OCC'Upyinc real property ahaU be required to move from a dweIlin&, usumlne a replaeement dwe~ wl1I be available, or to move his business or farm operation, without at least 90 days' writ. ten DOtfce from the public entity of the date by 1!{h1ch IUch move Ja required. (Added br 8ta1l.1171, Co 1674, p.1l161, lIS.) ; 0....,_ "-rtJ .....dod_ b .._ .. . ~.tloa, _t...t1.. or ... -.... - Im4. ..._.. .r ....., ., ...._t. atho, ..-... or 10. p.tac _t.. -- - II ._011 h, ... -.... _ I '12'12. UIlnrJ .... 1 llaaldpol 00....._ "'314(1). c.1.8. Maaldpol 0......_ I noo. I. I. ....ral nlrc eoDdelllDor', aeqale1doa of 1l'O,. tin of MOdemD"" Iud ad a lHaUdiDl h, .rnet tmpro.'lDeAt ftlwted ha DO _dDaecS IDturuptioD of T - ...tIDD.... ae. MIl to tilt NID&lDd~r ,ropertJ'. tile" .... ao Mail for e1a1med ....rd of .. of na. ..able reDtal .aJue. 1.01 Aqel~. OoutJ' e. Smith (1876) 121 CaIJlplr. 886. 06 C. .A.lId T48. Proper!,. aeql Im4. P..._o. or II .rorid I'alallll Do, [ 5 7267.f , 1 If any the power t , eondemnatl . t It ue< I ,~ fact of the . , (Added br S t . . . i. "-"' -. .. i Im4. Prottetl.. or , I 11.-. Emlaat Ilool . 5 7267.7 . , If the a ,....,.Inl'l& J: eeoDomIc ft the entire pl (Added br St "-rtJ -'" . Im4. Poatacdoa or . 11'-" t 7267.8 (a) .All ment JlQ1Jll Hotel ., It :- 'WA 5 7267.4. Falr ratal nine; &bon-term occupier If the public entity permits an owner or tenant to OCC'Upy the 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 notlee, the amount of rent required aball not exceed the fair rental value of the property to a abort.term occupier. (Added br 8ta1l.1971, c.1574, p. 8161.114,) 0.. ..,- PropertJ' eequlaitiou '7 parelaue or _dtpft-dOD. eautnaedoD ef tWa eeedoD. eM Im4, .~ ProteedOD of 0WSl" ., et'e1I....t. otIIer .,....".... of II. .... ......ttr ,roceedoll tIaaD II ._011 h, ~ _0" _ I m2. ....t DaaaaiIl -. UIlnrJ .... -- c.1.8. ,,-t DaaaaiIlID. t 7267.5. (loerdoa to _pet &all I r...... - prIDe In DO event Iball the pubUc entity either adYanee the Ume of ClDDdemI1atlon, or defer De(Otfatlona or CO""-'natlOll aDd the depoIit fIl fIInda In court for the we of the owner. 01' take any other actIOII coercive In Dature, m order to ~I aJllIII'tenlIIlt lID tile prIoe to be paId for the I>&"...erty. ' VoIAAA b7 BIata.1811. Co UT" P. 1111,111.) 768 . .---,------------..- Title 1 to move from a available, or to It 90 da)rI' writ. ch such move is D11'. 'f ULOCATlON ASSISTANCE I 7267.8 arw.___ Uer .rott'C1Joa, tbD f. . ,I ~ ~ a.. JIIA. ~",. ..."wdau ~ ..- .. . ~-. - I ...tIo.. ., dda -. _ 1m.. Plwteetloa of ....r er eeewput. ett..r ~.~... oJ . ftl III. ..... ..-ter ~A-dt.- tUA 10 .nmdod b7 dda -. ... 112'12. ....., ..... c.J.8. Eadaal Do.alIlI 22.. IiallIlat Do.alIl "'110. .....110.. I 1100. O"~ 5 7267.6. <loDcJemDatlOD proceedJDp; IutltatlOD II)' pabUc ell- tIt;r Iutead of II)' OWIIer If any interest in real property is to be acquired by exercise of the power of eminent domain, the public entity Ihalllnstltute formal condemnation proeeedInp. No public entity Ihall intentiona1ly make It necessary for an owner, to institute IepJ proeeedInp to prove the fact of the takIn& of his real property. (Added by 8ta1l.1971, c.1674, p. 1162.116.) .. ropert1, tbne .a. I'" 01 lot. of rea. .. A._tJ.. Coaat7 U' eee. ll:l C. CIrDu aat_ to OCCUpy the I, or for a pe. rt notlee, the I value of the PlOpert. aequlaldoa. ., ..._ a. ....._tIoa, __OIl ar dda aoedOD, ... 1m., , ProttdioD of OWIler or Oft'QPlDt, other 'ProftI:Icma of Ia. aMaI peater proteedoa t:Jt.u II pnmdod ., dda aoedOD. ... 112'12. ....., w... c.J.8.lImlaat Do.alIlll108. lImlaal Do.alIl "lee, '=:"CJ'~~ f 7267.7. Aoq1dIItiOD of _tire pI'OpeI't)'; a~ce of _ "'--. .-Ic_t If the acqulsJ' of only a portion of a p, 0fjlA tI would leave the remafnIDc portIOD III a ~pe or OODdltlOD as to COIIItItute an un- eeODOIDic remnant, the c I!IItlt)' Ihall otter to &lid ilia)' acquire the I!IItIre ..' +, b' If the 10 deIIreI. (Added b7 8tata.1171, c.1I74- p.II 17.) ... --. - .......... .... D. ~rtJ.....-IoI~ - tr.......o:'~. It dJ..,.... -.... 1m.. .._M_.,_...~....p._...- .,.......__~ ..... II ,-.. ~ dda -. _112'12, . tile time of the depoIit Jtber Ktfon be prlee to -' I 7267.8. ad ......."'.. .. paIIIIe ~atlll; ......11&.7 of law Ca) .AD pubUe tIeIlhall adopt JUles and NI\Il&t1OD1 to imple- ment paymenta and to r relocation .-IItanee WIder the . '119 '7 ~ ~,p \ . . ". I 7267.8 . ~ _ .,_ ___~_,~ _ ~"_______'N_____-',_~"",-",,,",o.,~~,_,___"""--::, ...--,-..-...----- RELOCATION ASSISTANCE Title 1 Dl1'.7 provisions of this chapter. Such nIles and reruIatlons mall be In conformity with the cuJcle1lnes adopted by the Commission of Housing and eommunlty Development pursuant to Secilon 7268. Such rUles and reruIatfons aha1I, to the '~est extent poalble, also be coaaistent as to federal and DOIIfederal "I'Ojecta. (b) Notwl~ the ProvisIons of iubdivlllon (a), with roe- tpeCt to a federally funded proJect.. a public entity ahall make reloca- tion _!stance payments and proyi~ relocation advlaory uaistanee u required under federal law. \ " (Formeri)' I 7267, added Ii)' Stata.1e69, c>.1489, p. I04S, 11. eff. Sept. e, . 1K9. JleDumbered I 7267.8 and ameDded Ii,. Sta1l.1971, Co 1&74, p. 8160, 1 t. .Ameoded b,. 8tat.a.1972, Co 1807, p. 2607, 11.) __'>rica! Noie '.1'1>. 1811 a.tDdm.DI .......btred the ~dOD IIDd "wrote the te:u, wbleb prey!. ..1, rucS: "Pa7ID~DtI aDder the provWOD' of thie ellapt., ,ban be ..de to el1clblt pereoal iii aftOrdaDCt wltb laeh nit. ud hllU.' tlou u .ban be adopted b,. tbe State Board ar CoDtrol rDr propenl aoquloltlDD. .,. . nat~ "tDC1, Of the roYe~1 bod}" ef &D, other public Ultlt)', for proput!' ~u1.lrioD' .,. lach adt" p.,.mtDt. ..dt ill nlatioD to Propert1 .eqw.hioD for ....d. ud .tretta .7 public addtl ether tbaD th~ .t.t~ ,hall be ...d~ ID It'- .rdu.. ....Ih the promloD. ar Artlel. 3.l5 (_ndDc ....Ik 8eotlOD IMl ar Chap. tt, 1 of Dhi.loD 1 .f tilt SUHtI aDd Bilhr.)'. Code IDd .aeh ruin lad I't(UJ.. do.. u ....11 bt adopted bl the Stlla De. ..rtmat of Public \\.or...." 'rb~ 1872 a..ndmot nwrott lb. -.c. _. wbIoh p..rio..l1 _d: et(.) Esetpt I. pl'O'rid<<d ID II1IbclSrialOD (bl, "1ID,at. aDder De prorilloD' of tbi, .pt.r &hall bt .aclt '0 .\lcibl. penoD' . aeeotdaDCt with .veb rale. ud ....,.1.. doDl .. aban be adopted ., the eUte 1Ioard or CoDtrol for Propertl _Dl.llIoD. '7 a .&at. ..tDC)', ... tbe 'Oftrm.1D1 Itod)' ef "1 MIa.r poWe ...dt)'. far propert)' ..,...w- ~1_k ...dq, .vfrt't! b1 JlQbli Blaler Co. ... lfO C.I.Jlptr. G Whtre teJon aot reqaired (( authority for ~ locatlOA after. f 5 7268. -(b) Parmt:DtI uder the proriaioDl of \hi, eblflter ., the Depanmeot of Public "'.orb for propert,. aeqailldoDa ahall be ID aeeordaDC'e with neb nale. aDd "pla. dOD. u ahan bt adoPled bl tIl. c1tpan. .tDt. "Ie} S""h rquladoD' aha1I pro\'ld. thaI tb~ perm,at. aDd U.IItIDet I'tqulnd of . public IDtit)' lIDder thi. chapter ,b,n be _dmiDlalered bI . mlDDer that" fair Did .....oD.bl. aDd II 1ID.Iform .. practicable. TII~ HCUlatlOD' .b.n al.o Itro'fid. that De "TlDIDt. .ball be mad. a. promptl, a. po"lble or, 'D hard.ldp ea'eI, III advlDce. h addidoD, tilt nrullrioD' ....11 pPO\id. a na.oD.bl. mllUlt limlLatioD ill .~t~nDl.D. DI the actual IDd rea.oD.bl. UptDIt ID lIIo,-la, a buiIIi... for parpoa~. of SeetJOD T262:' (a) Tho aha1I adopt I chapter and by public en' (b) 'lb. aha1I, to thE PresIdential President of requirement ty Acqulslti< reiulatlons I (c) Sue ance require tered In a m: tlcable. ThE made as pro addition, IUC In detennlnl IlesS for P\Il'I (d) In I Communlty 1 iD& out the p (e) The ahall provide draftlnc and and to adm!n; (Added Ii)' 8tI 8ta1l.1871, Co 1 ICV..LCa.1 StctI_ S. I ar Stlu.1812. .. 1107. p. lI808, prooldt: "8ee. S. Tht Loclalatv.. 1a'.Dd. that tilt p_.. of tIlla a... oIlall aid III tIl. Difona adlDlAlltratioD of reIocadoD ... a1atlDOt bl poWe ..dtlao tIlNDIhDUI Wa IItIte. "St<. lI. '.nd. a... ahan _. aptra- dYe _~ ~r alter ita Iffeed.. ute." \ I I \ 0.. ...~ I'IIIar ef _ aad ...._ .ptad ........< M Wa -. _ I ftII1.l1. ....a<tloa ., .....er .r _put, otller pro_ ef Jaw..... _,er __ _ to proftdad ~ tIda -. _ I '1272. i ..... " 1111' 'If t. .. -' .. .... trIt1da u.-D __ ..rI- ..... ..it ..II...1t, "_rl1 faIIad ... nlt for nob _daa a_ .... .. adopt ......_ ",1aIda woaId .... No tIIaaI1...... "-Pt 14 _tIl. after ..... tIlat _ far _daa __ _t...... __ 1M! ~ - '160 '1'IMun_ ...........t ar I _...ptN ..-.-~~-'--~---------~-..- .- --~~---"._-_.._----_.".", ...C'~ . ~ J' ".. ~ ..~. TlUt 1 hall be In If Housln& Such nIIes CCIIIIlJtmt I, with reo lite reloca. usistance Iff, Sept, 8, '. p. 8180, I K.'.. " " c. , \l~~ ~'".., .,..m.lOD.ef 10' 01 P.bUc 10" Iboll .. I .~.. "pia. , ltplrt. , ....w. till' required of . pttf IblU .. It 10 falr ud . ,tameable. nide that. oe ....IDPtl' .. .. III M:\'aDC't. "U proold. I , ... '.ltnolo. Ie ..pelllt Sa _ of SoetIoI ~ I, Co 110'1, p. ...t.... tat eIIo1d...... _dOl_ _boat ... - ...... ."t..- . a.e. ..... ......... pori. .. . ... ..... _. after _rv- 01... ., ULOCATJON .ASSISTANCE I 1268 ..aiM bJ pabllo IDtIt7. 1IoporIo. Itrot .. Blne.r CI, Y. Plrt of Ookl..11 (Iml 140 CoI.Rptr, SIS, 12 C.A.&lI81. 'W"" nIocadoD Upeuel cIa1aat ... aot reqalnd to PNHDt clailD "'on fOrt autboritJ for "PO'" ".01... III tta N. _dOl of It. oathorlq ........, la prop- orv for pabUe _ ... atJoorltJ'l od. ........tl.. ..-.,... _.. IDochquolt, ...Heobl. IIalIto_ period _ thot ... ..bUlbod ... __ pl4e1ba.. ODd 101. _.oot ..rnd bJlIalIlItlooI wbl. flied w1thl1l 18 _tbI orar _"0 rlcb. o( __.-...d. 14. S 1268. Gal4e11Des II)' _",I-oa of IlouIa& u4 _tmIty *veIopmeat for paymeats ..d reI_Uoa aaII1aDce; aaII1aDce to pubUc ..titles (a) The Commission of Housin& and CommWllty Development ,hall adopt iUldeUnes for the Implementatlon of payments under this chapter and for the uniform admlnlstratlon of relocatlon uslstance by public entltles carryini out the provtalona of th1I chapter. (b) The CommIssIon of Houslne and Community Development . ahall, to the fullest extent possible, conform auch culdeUnes to the Presldentlal Guidelines promuJpted by the executive office of the President of the United States, Office of Manqement and Budiet, the requirements of the Uniform Relocatlon ~ce and Real Proper- ty Acqulsltlon Policies Act of 1970 (P.L. 91-M6),' and the nJlea and reiWations promuJiated pursuant thereto. - ,', (c) Such iUldellnes ahall provide that the pa)'ll1ents and uslst- ance required of a public entlty WIder this chapter ahall be adminis- tered In a manner that Is fair and reaaonabJe and u unlforin u prac- ticable. The iUldeUnes ahall also provide that the paymenta ~ be made u promptly u poaslble or, In hardship c:uea, In advance. In addition, such iWdeUnes ahall provide a reaaonable ",IJ.aoee lIm1tatlon In determlnlnc the actual and re8l()ftAh'" expen.H In movlni a busI- IIeIS for purpoaea of SectIon 7262. (d) In adopt!ne auch culdeUnes the Cor-'looIOIl or HOl~"I and Community Development ahaIl conau1t with the pubUc IIltitles caJT)'- 111I out the provIaI_ or thIa ebapter. (e) '!'be DepartmeDt of }f1M'ol"l and 0ammuIIlty Dnel.:.pment aha1J provide eonauItInI and technical .-Iatance to pubI1c 1Iltit1ea In draftIni and amendIni ruIea and J'IIIIIatlona to Implement payments and to .....,,,.I-ter reJocatlCX1 UIIatanee UIIder thIa cbapter. (Added b7 ltata.1K.. c. 148', p, IOU. 11. Iff. 8epL .. lK.. ~decl b:r ltata.l'1l.c.1I74, p.al82, 118; ltata.lt72.c.lI07. p.1I07.11.) sc'l1~'dIOlotllOll. .... 1iaI Nole nl JJT1 ..........t ........ cUt'" ......t..-a..... .... "'pt.r ., It ..port..... or pobUe ..... _ .,tbo- oM tNt till .....rolAc _.. of othtr ... to .,1 _ oM npIolloDllO lID. ..- _tItIeo, -. .... - ..-... '761 7-3d -' .... . . -'~.~._.~-_.._-- .,~""" i 7264.5 GOVERNMENT CODE Where 0 dio Iodn In" te . .tate en or an W re en 0 ru ea an re tJona m aeeo ce OD. or e un~ ementation o 11 e nter, e termmation 0 Davmentl to be macH DW'luant to thiI aubdiVlllon .hall PlU'luant to tb06e ruJ_ and f'uulationa. (b) No pe"'D ohoIl be reqund ID ...... from bio or her eIw~ bom... of ItlI o.."millo. br a pubtic OIltity, WlIeu . . . eom....blt roplaeemeot IiOiiilii, . . .!! anlloblt ID . . · the PtllOll. (c) For _ of cIotermlDlrlC the opplicability of oubclmolon (0), the public: eDtity ia bertb, deoipoted ".0 duly outboriud odminiatrativ. body of the __ for the _ of lubcImoioD (c) 01 SectiOD 408 ef the ReveDU' ODd Toxotiol Code, (d) . . . 8ubdi1'iaioD (b) ohoIl DOt OPPIr ID 0 dioploced ..... who _ In WI'idDJ with the public cdty ID remain In OC<1IplDC)' of the ocqund elwelliDa' .. pt'O\'ided In oubdmoioD (c) Df SIctioD 7l16S. (Ameodod by 8totl,1981, .. 185, p, 1671, W (; Stotl,1989, .. 828, f 8.) IllatorleoJ .... ~ N_ Its! "-DcI...n< Subotituttd, 10 IObd. (a), tilt ...-.t.....loc...... -..... ... mad. I"';; word.I "~lt replaoerMlIt bouam," and "IN.t able, the public ntit)' abaJl ue fUDda .utboriz.td tor Ute bolllm," for ",uch Jaouam,"; aDd added .ubet. (d). project for which the NIl propet't)', or ilIterat &Mn.ot. IIlIt LeotolatJon .. Ileloc lCquirecl .. ,.....;do tIult ......... The 1m ameDdment maM . DODlubttantin ~ "(b) No penoD Iha1I be nquJred to IDOYt from .. 10 .ubd. (dl, aDcI rewrote lubdl. (a) Old (b), wbich hod .....w.r........ 01 Ita lCqoloition by I public: "Illy, provided; uJeu cMl'f it replacement. houainC. II d6eribed iD. .'(,)11 eomplftblt ftplacnMnt hoUlm, it DOt IVlil. paraaTlph (3) of .ubdMlioll (c) of Section 1261, .va.iJ. obI< aDcI tilt public: ..Illy de10rmiDa tIul, oomporobl< obI< .. bim." Ltnrth 01__ t No... or Dec:lalon. t. Leiorth 01_ Nintl)' day _icltll<)' nqDimneot If Go". Code t '126< did DOl apply .. ~I'" _to ill buildinco II ...-.....d Iud "..,. beiIIr ....icltred for Iu, ...... MUliD&' fo1lowiq termination of their teuneiel, wht-rt DO eompa.r.blt replacrmtllt. houaiDc ... aniJable. Gor.:ia y, ..tho,y lApp. 1 IlioUI89) 25lI CII.Rptr.193, 211 Co!.J.pp.Jcl 467, ....... daoiod. I, c..ponbl< _...nt Iootulnr TelWltl allepdl)' dUplaeed by eoJlere'. ~uiaitioD of rwidentill property failed to ntabliah colltre. DODeOm. plianct witll t.hia .et and their entitlement t.o 175 unitt 0' "comparable rrpl&cflnent houamr:' McKeon Y. Bu. '"'" Coller. of tlIt UW v.pp. I DilUtll61 230 CII. Rptr. 116, lIS C.A.8c1 871. I 1165, AIrport ,",perty- _....Idon; eoattruou ~; od4IIlIoaoJ ..,..at (I) In additioD ID the pI)'1Iltn.. reqund by SectioD 7262, .. 0 eolt of ocqoiaillon, the pobli< entity ohall mole. . pll'lD.nt to .ony offec:ted property O1l'Dtr -tine the reqonmeo.. of tbii H<tion. (b) The affec:ted property Ihlll be lmmedir.lA!1y eontiruOOl ID property ocqund for airport pDrpOl.a ond the ....r lholl hov. OWDOCI the property affec:ted by ocquioltioD by the public: OIltity DOt leu than 180 dl)'l prior ID the IDltiatioo ef ..cotiotion for ocquioitioD of lilt ocquired property. (e) D!! payment, DOt ID aeood ~-two thoouod ~ hundm doIlon mg,~), ohoIl be the amount, if ony, which oquola the _ dediDe In the fair mortlt \"&I.. ~property of the affec:ted property ..... caoaed by the ocqoioltioo by the public: ctity for oItport _ of other tal property ..d 0 chaop In the _ ef !!!! property, (d) The amount, If "y, of aetooJ cIoeIioe In fair mortlt ft!ue of offlCted property ohoIl be dttermlned ~C ID naIIa ODd l'lcuJatiou adoptad by the puhlie 0DtitJ ..........t ID tbio cIIopttr, The ruleo ODd l'lcuJatioDl ohoJI limit payment lIllcIot lbio MC:tioD 0DIy ID I!!oM ~ In which iIit doc:line In fair .....ket YOIu. ef afflCted property II NOIODObIr ~ ID ohj...tl.. "")'Ial chaop In the _ of ocquirod property, (AmeodocI by 8totl.I989, .. 828, f 9.) ..... .,co!... IlloIodot7 ,... l_l~.'.11l 'Iloe 1189 1..._ _ lIoe _Ill ply. MDt "..,. 111,000 "122.&00, aDcI..... _........'"- .....,... .a(t~. or .,.... ~dlu*, ..., .....-. .JI1....~ ., M~w.. . . . 262 7- 3 ( GOVI I Tl67 I, ... Tclo9 '12, 18 11117 (0) '[ "COti! (b) J owner' filIOr1 ~"P] --!!!; (AmeD It1t 'Iloel Abd.n _ub, Duty t. Do' 01(, ..w.t _01 obItacl .. III' .......' -W. lIoelrpt I 'Iw. l!ll "COo beUn' tooOCQ - off.. I ....t thepr tootM thelil ph)'llt cIoterr =:; JI'OP'" oDow< - ..,." ~ ...." i!iml .. GOVERNMENT CODE rile pUblic eo~ Where ' :ta.. "~~r ~ In: ;PIadn[ 2.n~ U10e WJ 00 S ere the Dla ~ be lD&cIe DW'luant to ouJ.or e im~lement.a~ IUbdiV1llon _hall or ber c1w1lliDr i..c. . - iOlIIinr . . ... _~ of lc. I<ouilitfon .... : a"-.wwJe to . .- '\ III · of lubdi.." the Denofl. r the Ita.. i:: J:j. the public entity II btreby PIUpoIa of Iubclivilion Ce) of od _r who ._. ~ -"'_ . u vidocI ......-.. W"~r wlth the b' pro II Iubclivilion Cc) of Stcli pu lie 189, .. 128, , 8.) on 7~. Ito". N_ 'act_at hoUliq- cannot .a.-....,__ " lbt pubHe ..lily lheJl o_~~... bt ..... lvaiJ. let tor whiell tbt N&J ue lunda .~thori&ed for the _ ""lllirtd to _~ptrty. or. ......., tIlt...1 ,.... that holUUli . )~ Ho ptnoa IhaIJ be' . liD&' ..... of ica ~~ CD IDO"~ from hia . the" .. ~PJaC't':::t ~Itio~ by . public entitv rrap~ (3) of aubdivilion ( jU;Ulj~-~ deacribed ~ 10 him." c 0 ~wn 7261, .valJ. >n. _li_ ft). _ . d. . .pply ~~uiterMnt ~f Gov. Cock "'Ded led from btiftf eo Ie:nta In bu.i1dinl1 on r tollowinr &.trmiDltio I'" .~ (or lut I'ftOn --bl. no t.heU' knan . 1._ __. ft' replactmtnt !to. tift, Wne'rt' "~~thony (App_ 6 Diltl~~~tt~ uailabJt. ....P.ad 467, ....... dtDitd. .Rp... 193. rtr. oddJdoftO/ paym.nt UI....ofl<Q '" ..tinr the nq.J::'bon. the publie .ntity tnelltl of this aeetion UOUI to proi>frly' ' t<ted b)' ocquili' l<Quired for oUport for ocquilition :,:"b~~blie .ntity bundJW dollan proi>frly, r !"Uht YlJu. 0,z;,~500). IboJI be the ilIic: IIltity for airport proi>frly of th. JlOI]looa of other : YlJu. of offt<ted public IIltity P\II'I.....":'t'~~. oholJ be ... OIIly to !r.- ' ..... cbopter, _nobly r.cl ~.tan~ ill whid> ~v. p!JYlicol ... .... ,,~... i 7267.2 , lH7, Gald._ ror pabBc Iftdtlto "'- of f'-I....'lI C&:.Jlptr. tlo. 101 c.A..Id ... -.vi _ 101 s.Cl. Z'II. 445 u.s. 101. 16 I..ElUd III. Ia-' I... Y. CIty 01 SIo.. IIart>oro (lI7P) 161 r.LRotr. ;;1, 88 c.A..Id S64 [1Iaio V_I ....... b1 112 i IK'l.I. .........lIon ~y ....._0; ~ (I) Tbt public entity Iboll molt. ...". nuonoble effort to ooquire apocIitiouol7 ,.] proi>frly by lOJotiItion. (b) Jleol JlTOIl"rly lholl be oppro.iatd befo", tbt lnItiotion of ...rotiotio... ODd the 0...... or the ......'. dt.irno~ "'p....ntotiv.. lholl be riv.n III opportunity to _pony the lJlllroia.. durUii ~ or her inspection of the property. However the ublic en' ma rue:ribe a roeedure to ..aive die a raiaat in taus tnvolvin the UlSltion sa e or onatlon 0 10 W1 a Vio' all" m&T et !!.E,!; ,Am.ndtd by StllI.1989, .. 828, I 10.) BlIlorlcollJld Statuto". Nola 1", lAcWaUon T1'lf 1989 ameadment. McMd the MC:ODd MDteDCl' of lUbe!. (b), "latina: 1.0 waiver of the appra.iuJ, IU'Id made DOnsub6tantive ch&nt~. Dut1 J N_ of Declalonl .... lApp.1 !liIUtIO)Z'I6 CaI.Rptr.l1. 225 CaIApp.ad 18. Cit)", IUepd promiH to purchaM ponion of laM at fair muktt "alue wu DOt. Ulumpttotl of duty of .pedal protection toward landowners who aourht to dt'relop nmaininr portion of laM; like all propert). aequlred throuCh eminent domain. city .... obtipied 1.0 pu.rc:hue the aou, at fa!r market Yalue. Smith \', Cit). llIiI County 01 San Froncioco (App. I !liIUpgo) 2'76 CaI.Rptr. 11. m CalApp.1ld 88. ThiI NCtion did DOt im,poH on cit). 'tDtraJ tort duty witb nlpeet 1.0 1aDdowutrs' applications for develo~ ant. smith v. Ciq' and CoUDt). of SIn fnDcileo (.App. I !liI.ltllO) 2'76 CaI,Rptr. 11, 225 CalApp.1ld 88. . I. Dut, Cit)", allepel .u.mpt to keep land in aDdevelo~ .tate. tt.I aJJered1)" unru.tOnable offer to pu.rc:hue por. tion of land, and tt.I allepd placement of fonnidable obltaClfl in path to UH of Iud could not be CODItrued as Ulumption of lpec:ial duty 10 prote<1landoWDfJ'l' interfttl; cit)." allered acta wert best delc:ribed II eoDIiltently adverH to 1andcnmerI' delin &0 develop tbtir ....ptrt).. Smith y, CIty ODd Count)' .1 San Fran- I 7267.2, lUll eornpt!tOOtlon: proporty offered ror .... ~y....er: off.. rOt 001. d.nned l!l Prior to odoptinr I ....Iution ef .......ity purllII!lt to Section 1245.230' IIld iniliatinr ...,.tiltio.. ror tbt ocquioition of _I proi>frly, tbt public ..tity oboll lltablilh 1Jl......t which it klitv.. to k jolt _ponaotioo tbt",for, ODd Iboll molt. III off.. to the ...... or ........ of .....rd to ooq"'"' the proper!)' for tbt IoU amount.. ootoblilhed. 1ID1aI the ..... _ k Ioca~ with ....noble cIiIiC''''''', ",. off.. III&Y be oonditioned upon tbt Iepllti.. body'l Ntifieotion of the offer by aec:otion of. _tNct of ooqaialtion or adoption of . ....Iution of _ity or both, In no ....t oho1l tbt uno..t be Iou tIwJ the public IIltity'l opprovtd oppnlsol of tbt fair awIt.t YlJu. of tbt propertf."" Ml.y deereue or ........ In tbt foir awltet ....u. of reo! proJlIrt)' to ... ooqaired prior to tilt do.. of ftIaotion ..uaed by tbt public lmpro\'elllfllt ror wblch tbt properly II ooqaired. or by tbt Jilt.1ihood thot tile proJlIrt)' would k ocqaired for tbt tn..........nt, other tIwJ thot due to pbyoieol dotorioratioa wI&hlrl tbt _....ble _tnIl of tile OWner or -.aJllDt, Iboll ... dioreprded in del.ennininc the OOIDpIIIIOtion ror the property, ",. public 0Dtity Iboll pro'ridt tbt ..... of _I property to ... ooqaiNd with l wriUen &to.......t of, ODd IIIIIlDlOI')' of tbt bull for. tbt OIDOunt it ..t&blilhed u jaal tlllIIlPfDlOtion, Wbeft tbt property .....oIYtd II ...... ooc:apied ...idtnlial property ODd _taiaI DO aaon tIwJ four NlideatioJ arllta. tile hom..__ Iboll, upon NqOllt, be oIIowtd to ....... . 001'1 ef tile oppraiool upon wbid> the off.. II buIcI. Wbeft opproprio... tbt jolt _.....tion for tbt ,.] property ocqaiNd ODd for .-- to _....l.r nol-proi>fTt)' lboII be .........11 *t-.!, NotwithltandiD lobdiYioion l l bUc .... 11I& molt. III offer to tbt _ or ....... of to Ulf't rea or I an amount W 11 MVes to ust tom nlatiOn reor 1 erea ro .0 e ora' ownerata. II n e .. d lItIone or ....... II d'ut.." br un_rtIne; d I I. Ilona ... .. I r1Ika . . . 263 7 -32- f 7267,2 amount the ubiit' en' believeI to be t com nution theretor Wle 11 l1I.to e.) neeorwlC e ro II In 0 o era un a.re mVQ v m II! UlIltion ecl1ltruction or 10 e A.a uaed in lubc:livilion 'faltered tor we" Jne&nl &II: 1 PirectJ off.red b th. lando""'.r to the ubli. .nti DegotJatJo~ Y e Du Ie entity. Oft.red tor ..Ie to th. n....1 ubli. It III ody.rti&td or ublioh thin IIX mon nor to an .Ii aV&1 e at e time e U Ie enb owner re e u c enti, '1 e Ullltion 0 e 10 lAm.ncltd by S..ta,I9S2, .. 1~9. p, 8834. . S; S....,1988. .. 1079, . 8; 8....:1985. .. 1106, . ICocIt.t Civil "'-..... lnod~ 1167.1. CoatIemnaUoa pr 4 ~ 11 dlaa "lIMN! '.u ,. ~ 0WDa' ... Utl\.JII"U w Prope1... !rom dt1 with rape<t1O v' . a:;... Pf .u.ndrmaation eo~~~ .a...lnte I IDD&tioa .... IUU'tUOwl. -.uu IA '. 8M aad enJo1meot. of prope:ny, e1t 12n.7. .....aWtlon ef ",tin pn .....rtl !!lIt the acquilition ot only." pord IIloIorlea.l and Staluto.,. Hotel .. or ""nclition .. to ""01_'" or IN: "-.......L Subodlvted lilt ........ It lilt place.t"tor wlUch .ueh pI'Dptrty iI ocqoind" uire the .ntire pto..rty if the own berinoin, .t lilt r...t ........ Pl'tCtdi1l8 ..th. public ".hall bo diartpnjed.. tor "will be diarquded" in (b) AJ!iinon whOle re.1 Dro~rtI it ..dly 1"'"" t.r "Bet... the ini"'",o .t ..,....ti... t._ .............00 been full' mfonned of hI.! for teal Property"; and toJlowinr ",hall make" .ubati- '_u tuted .... .tter" t.r "I prvmpt .tt.... ODd t.IIn...., 1t13 "-_L ~_ ", lUlleu lilt -. .nl... to rtv an Irt .reo ".tter" -- '... lilt ._r .r ....... .t _nl", lit be '-ted with .....Dablt dilia...... in lilt !inl U I< .nbt ....rnlln. . ...or, _rttd lilt .....d ........, IUbttituted ..lilt.. lor "0"0". 89 828' 11) "Iueh" befo.. "prvperty" in lilt third ........, IIld IllS A.encI"'.L Deoipeted lilt 1_.......... m.nded by S.....19 .', . ' lubotituted "tor which lilt property iI ocquirtd" in U IUbel. (0) ODd Iddtd IUbel. (h). 1IIot< E.xpeoaa of litiptioll, court to eonaider ofter made pununt to thia HCtioft, He Code of Civil ProctocIure I 1250.410. HlW'do\tl .ubltanea on propert)' to ~ acquirtod bJ' achool districu. ofter to PlU'Chue, He Code of CIvil" hoctd.... I 1263.760. 1m lArtaIollon , . c.- ~f...,n... . The 1m .....d....t addtcl the '~,bdiYla; . deleted "and may" pt'fC'tdmr ~u IaoJution of necessity, dedarat50n &0 .ta~ that otter :n'~ added 'lIbd. (b) nlatinr to doDI.boD 0 unde-r WI aection hu betn made, .. Code of CMl ' . hoctdu.. I 12<5.230. La.. Review Commentaries Preeoademnation Artivibet--chalJer:r.rinr need in Cal. ifornia. Brenda K. Rou, COmment, 31 Santa Clara Llltv. 147 (1990). I._I ...,,.......,. I 11I-. of _ J Notel of Dec:lolo... Utility'. ''property lnterat". /to Poblic Utility Com- millioQ etrtifted Mrvior ... .... .....J Pf'OPert7" iDw. .L .. that dt1 eouJd ocquirt in....... 1117 If It lint ... ott.. 10 olility lid prvvjdod .liIity with _ _t ~ wIlr off.. _ JuoL City of s.. "- v. a....t Oob W.... Co, CAl>P. 1 DilLII87) 11'I Col...,.., I4S, 112 C-Ud I~. ..~lof_ Ofl.. 1<< P"DPtrt1 to k tIbo b1 _t ....... autt. bt A~,,"ied b,. Wrtaea ltatMttDt of ... 'Ot lilt lIIlOoo' .Iahliohod .. jut _ ..... a roL Ilept. .t 'I'aaMp. .. CoIo CAl>P. 1 DioLlIIt2) , Ca!.aptr.ld 760. 7 CoU,p.4tlll28l, nIloarioc ...... --dooitcI. I'loperty - wMod uy "Jodioo ill ......, -... - 10 adoq1ll<7 of _ --., lUll- - of buio of off.. for lilt .........,. by rom.. .. objreet dW'iDc e.cImiDiItracivt y-' 'm,. W... eM Trauportatioa c;-.-:".;"'a. People a nL DIpL 01 Tl'lup. .. Colt CApp. I DilL1l1t2) I CoI.""'.Id 760, 7 ClLApp,4t111281, rohouUtc doolod. __ ........ L I........ 'Iloio 1O<lio. .toblil.... "IDoocIa1O.,.. "'1""-,, wlUch "OIt be -...., bl OIl publie IDlity pIaoolq to initio.. ....... ....... ~ lhrv",h 1lIIOl.. tIoo ot -19'. City.t s.. ,_ .. a....t Oob W.ter Co. CAJIP, 1 DilLlI87) D7 Col...,... I4S, 112 C-Ud 1005. .. ...,- DinUnlioo of 01/.. IIIlI ........ to Otility'l ___~ ... IaciIitioo ....... b, dtfl dopJ;colioo of _ ..... ... 11_ _loci "toldq of P"DPtrt1." for_ olility - IIllitJod 10 III ...._..... lid .....tI.. .,.,..,.... .....r .... of .........IIIin, City.1 s.. ,_ .. a....t Oob Wlter Co. CAl>P, I DioLII87) D7 CoLI,tr. 145, 112 C-Ud I~. ~......... or ....... '- II a...d br ........" .....h..._ .., .t...r.... . . . 264 7-33 I Tln.a. RuIeo and .......tlo... 0( " (.) All public .ntitieJ lha1! ~~. relocation uailtance under . I .tIt the . . . rules and ftnlationa tn . . . Dey.lopm.nt. . (h) Notwitha..ndini . " . IO~io entity lha11 molt. rei_bon ua.......' required WId.. ted....llaw, (Amencltd by StotI,1980. c, 1182, p. 195 ....doa ., ..........t. J 1. DL~u..et~tof I'IIocatioD bt r............ofpo,.....,__ ...... of ...... OD iIued ...__...., ,'72n... Nooprol\t, -'-' ... _ (0) Prior tD the IoItiotion ef Dfeotiot -.m>fit, lpoc:iol aM ptopOrl)'. U cIof'lD alriIli pubUc entity o. pubUc atilit) acq which 10 other lIwl DODp~{jt, pro~ propertiea acquired, by pubUc eo ::."tL. w....tractIon, _10.. or lrD~ (h) ".. ~ doeo not apply tD acti. atiIity to acquire rul property or lJlymt< taltohone, utoral iU. or ~ con~1 "'I~ln nDlOYol or clestruc:tion ef IltlIt _r'l p....nt or propooecl_, (Added by 8....,1992, .. 7 (S.B~1), . 6. IJtlf'UoUI or ohIn... IncIoa1 Gf"'l:RNMENT CODE 17267.9 1 1.oa. Co""......tlon pro<<tdl....' ....dtudo. b1 ,..bile laUtr ......... of .r .....er Notel of DeeUlolU eompeDl&don of 121.000 ill fact of pouib\t ......mtat of at ..... 160,000 Illd Ita nfuMI to C01IIlcIer -...... ......... .... botIl ...........11, Illd d<r" -- ....titurod ......h of ItatolotJ n.,. _ thiI -, City .1 Lao """lea y, 'l'ilem (1183) III CII,Rpll'. !ZII, IU C.A,N 184, ' L 11"_ Property OWHI' .... eadtJed to ~ (or mYerM toDdtmnation from city with Nlped to developed prop- ..." cI<)". ........_tion tond." 10 thraltllinr IODdemnadoft .... lIDftuocable and iDterfued with _"I _ Illd tnJol'mIDl .f proptrt)', d<r" off.. of 1 7281.1. Aeqaltlt10n fIf entIN ....putr. ...- fIf .. '" aoml< .........1; "aolIon of .....1'l1 !!lit the oequiaition of onlr I portion of 0 proptl'l1 woold leave the ,........"'r portio. in Iud> I w.pe or CODdition u to CODltitute an uneconomic reD\D&ftt, the public eDtit)' .ball offer to . . . oequire the ctiro proptrtJ if the owner ao ....ira, A non ..hOlf real 10 is bein a.c uired in aeeordanee with this eh.& ter ma after the non &5 en U . In Om'le 0 IS or er n t to receive ust com nsation or e ro onate e ro rtv an\" rt erea .n mterest ereln or an eom nsanon I ere or to a UU lC tntltv etenmne v e penon. lAmtnd.d bl' 5......1989. c. 82l1. I 11.) Hlltorteal and Statutory Not" I"' IAti&laOo. The li89 amendment added the nbdivilion delima' t:iou, delewd "and m&)." ,,~~ini "acquirt" in aubel. "J, and added lUbe!. (bl relatinl to donation of pro~rty. 1 .12S'1,8. ...... and nevlodo.. of publiC eaddu; prlorlt1 of federal ..... (I) All public entities shall adopt rules ond rerulatio.. tD impl.ment pI)'IMn... ond tD administer rr' .tion uliltance under. . . this ehapter. These rules and regulations shall be in lleCordance ~ .he... rules and re~lationl adopted'DY"'ihe Department of Housinr and Commwuty Denlopment . . . . (b) Notwith.tondinll . . . subdivision (a), with re.pt<:t tD 0 fed.rally fund.d project, I pubUc entity shall make relocation assistance paymentl and provide relocation advisory uliltance II lOQuired und.. led...llow. lAmtnd.d by 5......1980. c. 1182, p. 3959, 1 I; 5.......1989, c, 828. 112.) INIIerttIon of 4epartIMftt J N_ of DedlloM acquired by State by eondemoation, the dtputmeot. 0' reMra! Mrviea did DOt abUM a diIc:NtioD in adoptmc nrultuon providiDa that wuntl ill common would be ooDec1:ivety entitJed. .. Ii "'tamily" &0 only OM PlJ1MIl.t .f ..location btlltfill. A1brirht Y. StIlt (11l8O) 141 Cll.Rpll'. 311. 101 CAU 14. L Dtecntioft of .put""ftl Fot purpoMI of plymtftt of ",location benefitl to WDtft of homes 011 1eued proptJ't)' .bieh bad beeD 112S'I.I. Naa...n.. ~ _ ....pertJ; ....uIolt1oa-""..... (I) Prior tD the lnitiotion of DOrotiotioaa for oequilitioD br 0 public ontlt1 or publlo atIIlt1 of _f... lpociol .... propertJ. u c1efUlld. by Soction 1235.155 of the Code of Ctril ~, the llllIuiriar public entity or pobli< otllity lholl malte "eI'1 rouonoble effort till MIk oItaruliv. fIlV!ItrtJ ...bid> iI other than nonprof... lpociol ... proptrtJ, Ho........1hiI requirement ohoIl not IIlPIJ to proptrtiU oequired br pubUc clitia for .....portotion purpooeI. lncIodin&. bot DOt Iimlted ... the _tnKtioo. _ion, or improvement of o_a, bitrh-lI. or r0Dw0ll. (b) TbilIIClion does not appl1 tD octionI or proceedinp collllllellCeCl by 0 public onlity or public atlIity to oequire ....1 proptrtJ or ony internt in ruI prol"'rtJ for the ... of _ter. MWft, eIectrielt1. leleph_. IlOtural pi, or flood control flCilitieo or riP_f-way wbere 1hooe oequililiou DOither I'ICIWre I'ODlOVaI or deatruetion of ailtlnl irnpromaeDII. DOr nuder \be proptt'tJ IIIlfit for the twner'a ......t or propootd _. (Added br 5toll,I992. .. 1 (S.B.82I), 1 6.) Acldttiona << ...... II (' led br urwlartlM; .111"'. .., ....... . . . 265 7-3y . : -" - 4&-' ~.. ., -~ -- - Y:i' . " ' '. __ ""'"':,'''rf ;,. _ -.,,:,, - ...~._'" ._:~ ...--:._ . ..~ ...J-..:. ...... -.~. .. ~ ..' . -,- ,~~ ."..,- $-- . ff . .. ~ ~ ,... . -;'.' . -- - ~ ,p.-- ~ ... fi 7267.9 GOVERNMENT CODI GOVERNMENT CODE IIIIIoricoI .... _.,. N_ "The -... ..... b, tIUo ... &ball opp" to ...... dom&iD actionI or pi J ~1 ~"'p ~---' oa . .,. JUlllll' I, IIN.' ltu~ _ 1 of St&t&,lIm, Co 1 (S.lU2Ik prmda: f 7118. JIe.-IoII b7 Sl8tlI.lt80, c. 1182, P. 1t59, f 1 f 7"9. Ikaluo o( _ato: Iocomt tax .... pubUc _c:t l!l No paymeat received by oay penoa ond.. thia dlop..r or U ..llIllt ..Ioeotioa ...ia..... !!!Iuired by oay lto.. ltatu.. or Io<aI oMiaoace ahalJ be ....idered U UlCOm. (or tilt purpoot. 01 tll! Plnoaall.com. Tu 1.&w, Port 10 (comme.c:mc with St<:tio. 11(01) o( Diviaio. 2 o( tilt Ro..... sod Toxotio. Code, or the Iloak oad Corporatio. Tox 1.&w, Port 11 (c:oromeac:i1lc with Se<:tiorl 230(1) af Divilioa 2 ot the Revenue and TuatioD Code.; (h) No paym..t ....ived by ....1 oeno. und.r thia chap..r lhall be coaaidered U iocomt. ....ll1'c:tI to oay reoplent .f public "'lItonce ..d IUch pI)'TIl.'" lhall lOt be deducted from lIlI omOUDt of aid to which the recipient would otbenrioe be entitled UDder oay oth.. provilioao .f ... (Ame.ded by Stota.1988. Co 1(90, fl.) N.... o( Dtclllono preclude incluaicm of .uch plJ'lMaw in c:aJeulaan, ftIlf portion of luppn.ent.aJ MeUrit)' iDeome plymeo;I lIom7 v, Bo...., C..U (CaLl 1986, 1~ F.2d IIIl 1. SU"~..."t.aJ ItC1Irtt1 mcolM California .tatute requirina that reiocatioa uailtanet plymtntl DOl be CODlideftd II mcomt or reaoUl"tft of aD1 recipicD\., Wat', Aml.CaI.Gov.Code I 7269. did DOt t 7%16, Quul.pubUc endt.. compliance with chapter; ..emptlono (0) If I ...olutio. ia adopted u.d.. St<:tio. 12(5.330 o( the Code of CiVIl Procedure ..,...ntillr" the acquisition of property by .mine.t domain ond the penon authorized by the ....Iutio. to acq... the property by .mine.t domain acquire. the property by purchu., .mine.t domain, or - that penon .ban provide relocation advisory usistanee and shall make .n)' of the paymenta requn: i:o"lle mad. by public ..tities punuant to the provilio.. .f this chap..r in cooformity with lhi chap..r ond the CUid.lin.. Id.pted by the Commislio. of HoUliac ond Commuaity Dtve~ panuontto St<:tio. 1288. .. . l!!l Thia sectio. doe. .ot Ipply to public utilities which Ire subject to tilt provilio.. .f Artidr! (comm..cing with Stcti.. 6001 of Chap..r 3 of Pt.rt 1 of Divilio. I .f the Public Utilities Code or. public ..titie. which Ire lubject to' . . thia chap..r, (Amended by Stota,1989, .. 828, t 13,) t TZ'71. Applicatloa o( chapter; .off."" for ooIe,. ftfIaed; notice ... wrI..... (I) The uirem.ntto rovid. ..locatio. ...ilta.ce ond be..fita 1m b thia chapter lhaII.. opply to ape 0 property w .. o. or 1 OWIlIr, property beioc ooId. OlllCOtiO' or forec:lOIure o0?I, or property beiac IOId r,>un....t tD ..art order or 1IIICIer - oopemolo. if the property ia _ ef tilt fOTlcoinc lituoboDl 10 either .....pied by tilt_. i _pied, ood if thO off.. for o0?I 10 lOt iaduc:ed by poblic ..tity dilpooltioa. pIooaed .......... do", or ndnllopment of 11IITOuadiar Iuds, oad if tilt uIea price 10 fair morItet nI.. or *:': · dotoltll!Dld by a qaalified opprojaer, IJld If 10 fOl!eraJ funds _ ia..I.", In the acqaIsiIiC "Dltnlctio1t, or project dl\'oIopment. "Offered for o0?I" ..... lither advortioed for uIe ill pablicotion of CeDeNI cimIIotion poblilboll ot lout ..... a.-lt or lilted with 0 ticeoaed noI_ brok.. ud poblilhed ia 0 multiplo Ultiac, pan....t tD SIetion 108'7 of lbo CtriJ Code, (h) At tho time of moIdnc oa off.. to oeqaIN propert)' oader labdivlllon (0), pabIil: ootltIos .. ootif7 lbo property ....... III writiac. ef lbo followirlc: ' (1) Tbo poblic IJltltfl pIoao for dl\'oIopiac lbo property tD be oeqalNd or lilt _h "" - . ~~~' . (2l loAy nloeodo. ...._ ud boDItlto pruYided pan....t to _ low wIIIdl lilt """'" ....... moy be f.rcoinc, (Addod by Stata,I98t, .. 1(6. f 1, Amoaded by Stola,l98t, .. 1623, t 1,) Add~. or ......... II -r McI", ........-.; "III"'. ..,. ....... . . . 266 CHAPTER 17.5. USE OF A Fe SectIo. 1l99.1, Teloph_ bued interp..tatio. Ie toads. , :z99.5. Exemptions from lurvey, a.nd repo I mi. l4ta1otI.e .....nt LowJl< It ..... ......l! ....I.....r (April 1980) : ...... ~....u 3<, I 11'9.1. Telophoa. booed .........totlon aIatI", fundi 5!':t< lII"Dcit. ~y, utilizing ..istioC toad addition to employmg bilingual penona in p lAddtd by Stota.I99I, c, 316 (A.B,(83), t I.) I mu, Stote .,.nd..; lun'71; .....rta Each .tate &lency .haJJ conduct a .une)' ( all of the followinC: fa) The number of public contact positions (1)) The .omber of bilin....1 employ... in . ochtr tbIn E'Clish, . lei The .wober ond percentace of IO.,E.., lown by IOtiV. Ioa....C.. (d) The number .f IDtiCipoted YIConcita in It) Whether the Ult of con!ncted ..Ieehon ;lUIOns In Dubhc contact DOSltJons II aervuur t l!l Any .ther ..~vont Informatio. requ..... Each ".D<)' lhall cokuIo.. tilt pe.....!a&'. lIIice by "'undinC the perce'!a&'. onived It , no. 1""0)' ...uJta lhoIJ be .....rted on : 1IliYend to tilt boon! DOt later than Worch 3 ~ by Stota,I990, .. (78 (S.B.2t88), f 4 Illtl.l. heraptlono frosa ......17 and npo ~ State Penonnel Boud moy .x.mpt lto. ..,. tilt State PenoaaeJ Boud de..noiata t Is) n.e opnq does IIClt furnIIh Inf.rmatio. ~ ~~ baa coaaioteatly ....ived IUci, -- It baa DOt bee. required to employ ~.... to ......iYo on exemption, each ltate ~ _f...~ exemptioo ood ~iv. opprovol h -.. three _utiv. y...... -WiocI by Stola.lHl, .. 2(6 (A.B,653), f 1,) 11111.1. IlMaIII fII......er. ..port tD LelUb ~ ..u/ta of the 11In0)' required to be madt :II State Poreoaael Boud . . '..d Drovided h ~ by SIato,I990. .. 418 (S,~.2466), f 6; .a ...... .. otaana.. IIdaetec:f .., . , 7-3~ THE ern OF eHULA VISTA PARTY DISCLOSURE STATEMENT Statement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters which will require discretionary action on the part of the City Council, Planning Commission, and all other 'icia! bodies. The follov.'ing information must be disclosed: - 1. , .;... 3, ~ 5. :" having a financial interest In the contract, I.e., contractor, ~ ~v;vk.eL If any person identified pursuant to (1) above is a corporation or partnership, list the names of all individuals owning more than 10% of the shares in Ihe corporation or owning any partnership interest in the 2artners~i . ~/~~ /i. ~ JrJ b=fL1'dlf4(,/1.5 boO> L.. A f)..J c;.,t:..t; r: t:::...., hoe c.... --X ..... c s L. t34 f,A-,..,-(- 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. y DN 12- Have you had more than S250 worth of business transacted with any member of the City staff, Boards, Commissions, Committees and Council within the past twelve months? Yes No ~ If yes, please indicate person(s): Please identify each and every person, including any agents, employees, consultants or independent contractors who you have assigned to represent you before the City in this matter. ;t/o;tJ€- Have you and/or your officers or agents, in the aggregate, contributed more than $1.000 to a Councilmember in the current or preceding election period? Yes _ No L If yes, stale which Councilmember(s ): )l'r:,on is defined as: "Any ind;\'idua/, firm. co-pan/lrl"slIip, johu \'cnrurc, associnrion, social c1uh,fraternal organization, corporation. J/(I/(', nOIlSl, ,cecil'er, syndic(lte, this and nn)' OIlIer coullly, dr)' llnd cOllnT1)~ city. mUllicipnlil)~ district or other political subdi\'l's;VlI, I' allY other group or combination acting as a w,it." L4$Q S~'~"" of OO"'''Z'k'", 4.//~~ /3. U~J~ Print or type name of contractor/applicant 11{C\N'd I J ~C! 'IH) ",OTE: Atlach addilio al p:'j;CS as ncccss~ry) )atc:: -- \.;, '-' DISnOSLT:\T] 7-37 -7 - :;> s;./ . ,. ." __."_'_'_"~""~_._ d_i'd'_'_.-_.., .,/t,.__ ""__'_""".'m."_~_~__,~~'~"'''''''''''' RESOLUTION NO. ~J- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING MAYOR TO EXECUTE SAME WHEREAS, currently budgeted construction; and, several capital improvement projects which require additional right-of-way are for 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 City of Chula Vista is hereby authorized and directed to exec te said Agreement for and on behalf of the city. Presented by Bruce M. Attorney ity (J f~ /~ ~/ Y . ~rl 0'ohn P. Lippitt, irector of Public Works C:\rs\anderson.cc 7 - .37 /'-M ___'''-'~_~~___''''''''-_,''-'''_,''-_~,"'n~.r'",____.''''_4_~_'''''~'-'_______",......____.....;..;. RESOLUTION NO.~ RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AGREEMENT WITH ANDERSON & BRABANT, INC. FOR PROVIDING APPRAISAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT, ECONOMIC DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME WHEREAS, currently budgeted construction; and, several capital improvement projects which require additional right-of-way are for WHEREAS, to expedite the acquisition process, staff must first appraise the value of the property; and WHEREAS, staff proposes to contract for property appraisal services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional appraisal services and recommends that the City/Agency approve an agreement with Anderson & Brabant, Inc. to provide these services through March 15, 1995, which will also include a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve an Agreement with Anderson & Brabant, Inc. for providing appraisal services for various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the City Clerk as Document No. (to be completed by the City Clerk in the final document). BE Redevelopment authorized and of the city. IT FURTHER Agency of directed to RESOLVED that the Chairman the City of Chula vista execute said Agreement for a of the hereby n behalf ( ~~4~~~ J n P. Lippitt, Di ector of Public Works tt orm :2 Presented by , Bruce M. Booga rd, Attorney gency C:\rs\anderson.ra 7 - /f-/ 7-4-)--- - _._ ~_~ ___ m__~_ _.~ ~.~,~_ ~_,..~ .~.,,'n.."'-..~ ~~_'-'~"""":':'for~~"""'"_.__'''''''__''''.'"'''~''. .,."~_____..r',",___"'~.".h...,,__~__..,~..~~_~ JOINT COUNCILIREDEVELOPMENT AGENCY AGENDA STATEMENT [and] Item 9'4. I h Meeting Date 3/15/94 Resolution I ?~I 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 b) Agency Resolution 13ft.! Approving an agreement with Ryals & Associates for property adquisition 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 Director of Public Works ~ 0 ' Community Development Director<::- ~ City ManagerlExecutive Director ~ ~ /? (4/5ths Vote: Yes_NuX) a) ITEM TITLE: SUBMITTED BY: REVIEWED BY: 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 IS, 1995, which also includes a renewable clause for an additional year through March IS, 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. <;?- - I _ > ._____.._~......,_~_~~_ ".'_'.r~'''" _....~'~_.._..._.~~..~~^~.,.._._.__..~__ ____,~_,~,~,~_,........_'~.'~M_.....^........._~,.........~......_"""'...,P... ~.-_.-~ ~._",'~~~._ ~.__ Page 2, Item.ll Meeting Date 3/15/94 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 Landscape Architect and a Senior Real Property Agent with the County's Real Property Division in the Department of General Services. As a result of a review of the proposals, the Committee invited seven companies to be interviewed to provide appraisal and/or land acquisition services. Three of the companies provided only land acquisition services, two of the companies provided only appraisal services, and two of the companies provided both land acquisition and appraisal services, The Committee met on January 26 and interviewed the seven firms. As a result of this interview, the firm of Ryals & Associates was chosen to provide property acquisition services to the City. This firm has just completed a current contract with the City for providing this services. Their work has been quite satisfactory. Staff proposes to contract with this firm on an as-needed basis through March 15, 1995. Included in the contract is a renewable clause for an additional year based on written approval by the City Manager or his designee. Council approval of this resolution will authorize the City Manager or his designee to renew the contract if the work has been satisfactory without further action by the City Council, the Redevelopment Agency or City 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: I. Fourth Avenue, Chula Vista Adult School to Orange Avenue. 2. Drainage basin improvements east of Second Avenue. 3. Broadway widening, I Street to L Street. 4. Bonita Road Bike Lanes. 5. Broadway street improvements, Naples Street to Anita Street. 6. Third Avenue sidewalk safety program. This type of contract will allow staff to proceed with design and construction of these projects in a timely manner. Since this agreement will provide services for several CIP projects, staff proposes to issue a purchase order which will be amended on a project-by-project basis as acquisition services are required. Fee for acquisition services shall be negotiated individually based 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 Citv Manager\Executive Director or his designee Council Resolution 13877 (adopted on December 6, 1988), Redevelopment Agency Resolution No. 79 (adopted on May 5, 1977) and 221 (adopted on December 6, 1979) set forth the guidelines to be followed with respect to acquisition of real property by the City. These guidelines were prepared and approved pursuant to Section 7267, et. seq. of the Government Code. We have followed these guidelines since they were adopted, when acquiring right-of-way for construction of the City's CIP ,.f-~ .,_....__._..~~,-~,~-~-- ~ --^~'-_.~ 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, is currently working with the City Attorney's office to clarify staff's 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. SlH:File No.: KY-013 WPC F:\HOME\ENGINEER\AGENDA\1682.94 ,p::-, ') _.,,"-H_'H._~___~_._._.. _______________..~._ __ ---_.,....~---'--~_..--~ This yage intentionally left blank. 52-4- ~"'_'-'~~"-"'---~--~"'" PARTIES AND RECITAL PAGE(S) AGREEMENT BETWEEN CITY OF CHULA VISTA, REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND RYALS & ASSOCIATES FOR PROPERTY ACQUISITION SERVICES This agreement ("Agreement"), dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entities as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on Ihe 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 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 Ihese 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 Ihe 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,lHOMElENGINEER\1677.94 Page 1 5? -~ OBLIGATORY PROVISIONS PAGES NOW, TI-IEREFORE, 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 10 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. Addilional 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;l/jOMElENGINEER\J677.94 Page 2 ~ j- ..../-.....-...-----. --_...---------~~~~-----............. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified. policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: StatulOry Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set fOM in the attached '3xhibit A, Paragraph 9. COlTUTIercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately 10 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 Agreemenl, 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-liabilily Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement 10 the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Securitv for Perfonnance, (I) Perfonnance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Perfonnance Bond (indicated by a check mark in the parenthetical space ilTUTIediately preceding the subparagraph entilled "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, Exhibil A, Page 3 WPC F:\IIOME'ENGINEEJ>.\1677.94 );/_/ ./ (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 Cily 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 thaI the Consultant is in breach of Ihe terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter .)f Credit", in said Paragraph 19, Exhibit A, (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant 10 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 lisled in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code, 2. Duties of the City A, Consultation and Cooperation City shall regularly consult Ihe Consultanl for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance 10 achieve the objectives of this agreement. The City shall pennit 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. WPC F:\II0MElENGINEER\1677.94 9-9 Page 4 B. Compensalion 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 (0 the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkrnark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for oul 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 !hat 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 Ihe individuals ("Contract Administrators") indicaled 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. II is acknowledged by both parties that time is of !he 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 !han delays caused by the City, shall be requested in writing to the City's Contracl Administrator, or designee, prior to the expiration of the specified lime, Extensions of time, when granted, will be based WPC F"I0ME\ENGlNEER\l677.94 ,?-q Page 5 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 "Consullanr" 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 Inrerests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as detennined by the City Attorney. B, Decline to Participate. Regardless of whelher 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 Consultanr is designated as an FPPC Filer, Consultant warrants and represents that Consullant has diligently conducted a search and inventory of Consultant's economic inrerests, as the term is used in Ihe regulations promulgated by the Fair Political Practices Commission, and has determined that Consullant 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 represenrs 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 Inreresls. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immedialely advise the City Attorney of City if Consultant learns of an economic inrerest 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 'X -10 Page 6 WPC F:\HOME\ENGINEER\1677.94 have any interest, directly or indirectly, whatsoever in any property which may be Ihe subjecl matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be (he subject matter of Ihe Dermed Services, ("Prohibited Interest"), other than as lisled in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remunerotion, consideration, gratuily or other reward or gain has been made to Consultant or Consultanl Associates in connection with Consultant's perfonnance of this Agreement. Consultant promises to advise City of any such promise Ihat may be made during Ihe Tenn of Ihis Agreement, or for 12 months Ihereafter. Consultant agrees thaI Consultant Associates shall nOI acquire any such Prohibited Interest within Ihe Term of Ihis Agreement, or for 12 months after the expiration of this Agreement, except with Ihe written permission of City. Consultant may not conducl or solicit any business for any party to this Agreement, or for any Ihird party which may be in conflict wilh Consultant's responsibilities under this Agreement, except with Ihe written pennission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elecled and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of Ihe conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with Ihe 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, Consultanr'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 Ihe same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by Ihe City, defend any such suit or action brought against Ihe 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 Ihis Agreement, or if Consultanl shall violate any of Ihe covenants, agreements or stipulations of this Agreement, City shall have Ihe 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 Ihat event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of Ihe City. become Ihe property of Ihe Cily, and Consultanl shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and olher materials up to Ihe effective date of Notice of Termination, not (0 exceed Ihe amounts payable hereunder, and less any damages caused Cily by Consultant's breach. WPC"F:\II0I-ffi'ENGINEER\J677.94 Page 7 Y_ II 9. Errors and Omissions In (he event that the City Administrator detennines 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 righls under other provisions of this agreement. 10. Tennination of Agreement for Convenience of City City may tenninate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such tennination 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 tenninated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in Ihis 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 Ihe 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 subjecl 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 perfonning the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultanr'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:\HOME>ENGINEER\1677.94 Page 8 5?- - /J- employees are entitled including but nOllimited 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 securily tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto, 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully sel fonh 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 thaI Consultanl prepares a report or document, or participates in the preparation of a repon or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statemenl of !he 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 Represenl Cily Unless specifically authorized in writing by City, Consultant shall have no authorily to aCI as City's agenl to bind City to any contraclual agreemenls whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultanl and/or !heir principals is/are licensed with the State of California or some o!her state as a licensed real estate broker or salesperson, Otherwise, Consultanl represents thaI neither Consultant, nor !heir principals are licensed real estate brokers or salespersons, WPC F,\HOME'ENGINEER\J677.94 f' - 13 Page 9 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 relurn receipt requested, al the addresses ident;fied herein as the places of business for each of the designated parties, D. Entire Agreemenl 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 direclion from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as 10 enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of Ihe 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,] Page 10 WPC F:\I-!OME'ENGINEER\l677,94 Y -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 underslood 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 Dated: Richara A. R s SR/W A, President by: Exhibit List to Agreement (X) Exhibit A. () Exhibit B. Page 11 WPC F;,JIOMElENGJNEER\1677.94 Y-/s This yage intentionally left blank. ?" - !~ 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, Cily-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/Redevelopment 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:\J-IOME'ENGlNEER\l678,94 Page 1 P-/7 7. General Duties: Consultant shall provide property acquisition and specialized services on a requirement basis when requested in conjunction with various capiral improvement, economic development and redevelopment projects. Acquisition shall be in accordance with California Government Code Section 7267 et. seq., its implementing regulations 25 CCR 1jl6000 et. seq. (state or city funds, and/or 42 U.S. Code 1jl4601 and it implementing regulations 49 CFR Part 24 (if federal funds utilized); and City Council Resolution Number 13877 (adopted 12/6/88) (if Cily acquisition) or Redevelopment Agency Resolution "~umbers 79 of 5/5(77 and 221 of 12/6(79 (if Agency acquisition), 8. Scope of Work and Schedule: A. Detailed Scope of Work: Acquisition services are as follows: I. Review title/litigation reports, appraisal reports, right-of-way and construction drawings and other documents in sufficient detail to properly negotiate with the owner(s) and other parties in interest. 2. Acquisitions will be negotiated in concert with the applicable Federal/State constitutional statute provisions, If relocation assistance is applicable, consultant will advise owner occupant or tenant that they may be entitled to Relocation Assistance Program benefits, 3. Conduct negoliations in a professional, fair, honest and ethical manner, Every reasonable effort shall be made to negotiate with the property owner on a person-to-person basis. If the owner designates another party, such as an attorney, to negotiate on their behalf, the Consultant will abide by this request. 4. If required by applicable law or policy, or otherwise directed by City's Contract Administrator, written offers to acquire real property interests will include an "Appraisal Summary Statement" and be mailed CERTIFIED MAIL. The offer will be made on the basis of the full estimate of market value supported by the appraisal with no portion withheld for further concession, 5. Negotiations will continue in good faith for as long as there is a reasonable likelihood of reaching a settlement. Settlements will be based on the concept of fair market value 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. Page 2 WPC F:\J-IOME\ENGWEER\l678.94 9- Iv """""~ " '!.<i..<. 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 altitude, 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 CilylRedevelopment Agency and such lack of progress is due to the Consultant's action or inaltention to the service, City shall have the right to teImir.;.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 supporting documentation. 9. If required, an escrow account will be opened upon the acceptance of an offer to purchase, The Consultant(s) shall use the escrow facilities of the title company designated by the City. 10, Consultant will promptly transmit to City for acceptance, documents executed by owner(s) or other panies in interest. A report summarizing the pertinent data relative to the transaction will be included, 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 may include the following: 1. Preparation of conveyance documents, right of entry peImit, 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 property. 5. Provide relocation assistance services and administer the relocation benefits Page 3 WPC F:\HOME'E.NGINEER\l678.94 v_ /q ~ __._.n _ ~__._---'_,,"''-'~,,_~_''''__.~'_~ 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 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 Insurahce: $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 performance of these services. ?-.7d Page 4 WPC F:\HOME'ENGCNEER\l678.94 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City and/or Redevelopment Agency shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables sel forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B, ( ) Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City and/or Redevelopment Agency shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or mileslOnes or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City and/or Redevelopmenl Agency shall have issued a notice 10 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 Consultanl as herein required, City and/or Redevelopment Agency shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) ( ) Not-Io-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expendilure 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 "). WPC F:\HOME-ENGINEER\l678.94 Page 5 K - _/ I (2) (X) Limilation withoUl Further Authorization on Time and Materials Arrangement At such time as Consultanl shall have incurred time and materials equal to $100,000.00 ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultanl from providing additional SelVices at Consultant's own cost and expense. The rates below shall apply if the contract is ;"xlended for an additional year as provided in Paragraph 80. RATE SCHEDULE Category of Employee of Consultant Name Hourly Rate Project Manager $85.00 Senior Acquisition Agent 75.00 Relocation Agent 75.00 Acquisition Agent 65.00 Administrative Assistant 25.00 12, Materials Reimbursement Arrangement For the COSI of out of pocket expenses incurred by Consultant in the performance of selVices herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, Ihe compensation includes all costs, Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not 10 exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direcl Costs: , not to exceed $ , not to exceed $ WPC F:\HOMBENGlNEER\l678.94 ,p - ~2 Page 6 13, Contract Administrators: City: City of Chula Vista Roberto Saucedo, Senior Civil Engineer Consultant: Ryals & Associates Richard Ryals, President ~~ ~W\IJ ( ) $ . per day. _ --=---------- ""'Other: -IfisilcmowledgedlJyDOtiiparties that tim~is 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 i onable amount to compensate fo elay. 14. Liquidated Damages Rate: Failure to comple the General DU~ies Defined Duties specified within the allotted time perio specified in thi greement shall result in the following penalty: For each co ecutive ca dar day in excess of the time specified for the completion of the res ctiv ork assignment, the consultant shall pay to the City, or have withheld fro onies due, the sum of $100. Time extensions for c1j, 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, prjor to the expiration of the specified time. Extensions of time, when granted,~n 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 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. I. 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:\HO:ME\ENGINEER\1678.94 g/ )3 Page 7 It.-_._~_...,....~,_~._.____,_, () 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 incon:..: of the type which, within the pasl two years, have contracted with the designated employee's departmenl 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) Monlhly () Quarterly () Other: B. Day of the Period for submission of Consultant's Billing: () First of the Month () 15th Day of each Month (X) End of the Month () Other: WPC F:\HOME'ENGINEER\l678.94 p- ;)U Page 8 C. City's Account Number: Varies with project 19. Securily for Performance () Performance Bond, $ () Letler of Credit, $ () 0!her 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 Amounl" until the City detennines that the Retention Release Evenl, listed below, has occurred: () Retention Percentage: _ % () Relention Amount: $ Retenlion Release Event: () Completion of All Consultanl Services () Other: WPC F:\HOME\ENGINEER\l678.94 %-~~ Page 9 , This yage intentioJ1J1l1y left blank. p - //- S 7265.4 Tltle 1 RELOCATION ASSISTANCE a.. w_ PNttcdu ., ...er or eft"Dput, ether 1l'1"nWou et ... IhtaI .,-.ter ~ tUD 10 p......., b, thlo _.. _ 11212. ......t Jlou\1l "180. . Ubrar7 W_ C.J'.a.'.....t DIololIlI188 It eoq. IIIoteI eI II I" - I. I. ....ra1 -.fol _bout for ..lDeotlOD os- ., otto...., f_. hperlor Itrot .. Bo.. _ ....rnd wb.. prope.., _. tob. ..r Co. y, Port of Ookl.... (1II'I'l1 160 tor pablk _ _ oot ..dtlod to o_rd Co1.Rptr. GlG,12 C.A.&lI81. ~" \-,,' I 1266. Bevlew by pabUc atlty or nIocatlOD appeaJa IIoard (a) If a relocatlon appeals board has been established pursuant to SectIon 33417.5 of the Health and Safety Code, a city by ordinance may deslinate the board to hear appeals from all public entltles, ex- c:ept those Jtate aeencles which have an appeal process, on the eli&l' . blUty for, or the amoWlt of, a payment authorized by th1I chapter, (b) Any person 8iifleved by a determinatlon II to eli&lblUty for, or the amoWlt of, a payment authorized by this chapter may have the application reviewed by the publiC entity or by the reloca, t10n appeals board U authorized under subdlvlslon (a). The review of a determinatlon by a community redevelopment aiency may only be made by a relocation appeals board established pursuant to Section 33417.5 of the Health and Safety Code. (Added by Stall.19U, c. 47, p, 102,1 8.8, eff. Ftb. 28,1974,) lIIslorlco1 Note ........ I nee, odded b, IlItl,1969, e. DlrI..II..: Fonn.. I 'I2e6. added b1 1489. p. 1(H3, I 1. pro\'lclllll for lb. flllol. 811to.1969, Co 1489, p. 8068, 11. ft, of ft\"tUt b, public .alit, of s-rm'Dt el1rf,bUitJ or amouut, .... "pealed b7 alltL1ll7t, Co fl, p, 102. I 8.5. a.. W_ l'Nte<tloD of ..... or _I. oth.r p..~~-' ., low aIrioa _tor.............. 10 ........, b1 tWo --. _ 11212. . UnIJ W.. IIaIoIpo1 Oorpo.._ ..nt. C.J'.a. U '-lpot 00....._ . U08. *-ellI .. - 1.lo~ 1no.. ..rt ootUrIt7 ..,.rrtoll oalt .. . .. b.....,pt opWt It b1 W01 of _p1obIt tor kee.. of -11 IIlc! ~ .....b' ....... __ eI ......-- tor eIIaa 'IN 10 _ra1 I "....111 of.......1 4 _..... t ......... . ....... . . :: .. . . " ~. ." ..' ., BI.., ., _pIolllt III ad 1'11II, aathoritJ' C'o PlaID d.at wroDf Superior Strut . Ootla.d (1817) ~V81, t. HOIrll" "'tbouclo ColiC, II. tSH. eat eZI . .... aDd tI.. t.kln ftJoeatioD MDdfr tolrl, boported widell an,. "'Kn.. Ot, of Lo. ADle! CoI.Rptr. J88, II .A.ltboll&b ..IDeo. aot ....J'lH_b pre wLlcL ___ II ~h Nqufft'lI'ItDtl !be "riew proeea. .et. of . .....tnD delll.ad of 8111 per terlldutlon .. to t ::. Pl;1IDut a.tho, taDce ..... Or) Superior CoDn 10 I1V7S) 126 CoI.Rp I. ......... WIl... .pp1kqt I orlllllc b, IIrt.. oC pubUr nth, ... . ocImlolat..d.. _, ItlI fallu.. to _k If.. awadamDl ... rioI' Btrat .. BaDlel Iud 118111 J60 CoI 1187. 'lUo.t wbo 101Io<I of tbll _. WltIl r raI_tloo ...1(Ja . writ of ......... .. IDe ..tIlorl~ .. pi, .-eddoD for witt .f . lor ..e," wtthla _eDt. of I...... fWD; IDe ..tborl~ .. . . 1267. Gal. In onter to eJ ert,y by acreeDleJ COIIpStlon In the << the public Procrar. acquisition practfc. Ueable. be culded cIuIlve. except tha1 1 and SectIon '726'; ./ TlO. 1 DI... ., ItELOCATlON ASSISTANCE I 7267 I 1267. G\o.....-forpallllc...Uth6 III order to eDCOIII'Ip aDd expedite the acqu1aIt!OIl ot rat pr0p- erty by lI1eements with 0WDe1'I, to avoid UtlptloD aDd nUeve Cl()IIIeItJOD In the courts, to uaure COIlIlateDt tnatmellt lor vwtMIln the public Procrama. and to promote public CODtIdeDc:e III public land acqulaltlon practices, public emltitl abaIl, to the poateat extent prac- ticable, be culded by the provIaIlIIII of Sectlona 7267.1 to 7267.7, In- dualve, except that the provIaIlIIII ot aubdlvlaIon (b) ot SectIon 7267.- 1 and SectIon 7267.2 aba1J DOt apply to the acqu1sItloD ot any eue- '165 t.. ,rot_ .... _pIa1Dt fa _..tin ........... to I'IID, aatboritJ' eoald Dot'" ..rd to eom.. ....0 tJaat Wl'Oq proeedare wu ..p)o,ect 8uperior Strvt Ie Burer Co. Y. Port: of Ooklaod (18771 140 CIlJlptr. 115, 12 C. AJld 887. .1188"_. a.. H..rt... A1thooch ClIlf.roIo _d.. _...... law doe, .ot ezpN"" ,ronde for ....r. IDa aDd the takIDr of eridtDct 011 _1M of "Iocatfon Maf'itl. auch nqU',..lDfDtI are f.trl, bnportR ., the nYinv proee.. _111('11 aD)' .rerined penoo ..., clem.nd. Clt, of Lo. AD,elu Y. Drecbr (1916, U2 Col.Rptr, 188, tll C.A.&I _, A1tbooeh ..Iocsdoo OIIlI...... .... ...1 Dot tlfl"..r" provIde for . ....ria, at whiC'h ,"deace .. reqalred to M t.hD. aoch reqat"-'lnfDt. aN 1.lr), tmportt'd b" oe "\'in, proeea. which thit eectJOD ex. at'tI of . eoademDJDC InabJlc tDtlt)' OD che dem.ad of n1 ptrMO ararined b, . de- t.rmlDadon .. to .licibUit)' for or amOUDt. of pe,meat aathoriaed by "IocatloD ... mt.aN ....., Cft, 0' )fouat,la View". Superior Court for SaDt.. Clara CouDtr I187S1 128 CoI.Rptr, lIS8, 154 C.A.&I 72. I. ....u... ""'ert .pplie.Dt for nloradoD UpeDU' .riaIDC -b, l"i"ue of .cqut.ldoD of laDd b,. publie Rdc, we. DOt. required to panae admIDI.trad.. cIa.DDela ill tint _tuee. '11 failure to ..... "view b, admiAi.tra- dn lDaDdama. ... DOC iIIIproper. 8Dpe.. rIor Strot It Booe.. Co, Y. Pori of Ook- Iood (1871/ 140 CIlJlptr, Ill\, 12 C.A.&I 887. Te....t .bo faDed to ubl...t .._I.. ., thy MC:tJoD Witb ....prK1 to ....a..t for N1O<1tIOl boolfla ... oot ..dded to .rlt of ....-.. "roct!Ilc till _- IIIc ootllorlt7 to po, _h booefla: tIoe podtloo for .rlt of _II WOO 0 ......... for 8IOOe,. "olD ....t017 "*111I". ..Ra of fonoal flIiRc wllb tIl. _. IIIc ODtborlt7 .. 0 --,",a .. ..., rior Btnt 6: Bu. Ikl..d (1871/ 140 ,887. pealI board Jshed pursuant :y by ordinance Uc entitles, ex- _, on the eJlil. "i .', chapter. II ... eJlilblUty a chapter may . by the relOCl- ). The review :ency may only uant to SectIon . 1286. ...., b1 063.11. Iler ........ .. .....tioDI I JI08. r--' , '-'~" . plrIIlItted "",t to , .., of .....pIIl1lt J, _, ...b, 01: . for flIlIlC ~-d' eoart 'r&~" ~fqt .........., b IIlatate, JIa1a,o Y. Ioothpt. ___ IJl<l Pltk IlUL C.pp.1878) 180 CoI.Rptr.lI38. ~, "0 _..tool .per ..me. OR ....ed ,Nall_ aDd .110 wu eompeUed to -.tIrI.. ... -.... ..... dt, ....ht .. ~af" tIM propert, for _,,"I ....d re_ lated parpoe... eoald .... to neo",r etat. lito" flaed nloeadoD "1IDRC ill the eoD. .....doD aetlOD; ItGwe.er. ...te. who ... ubluced Ida HmlDlItrath.e nmedi... wa. nquiftd to ,1'OCHd b, we, of ero.. eomplolDt Mt1l:11I& edmlDiatrachoe lIIud.- aa. rather tlllD Ib)' we, of au..tf to dt,'. eomplalat III naiDeDt cIomalD. Ot1 ., J(oaDtaia View.. 8uperior Court for 1lo.1I CIo.. ('''''''I, CI87~) 128 CoLRptr. 8Ii8. 154 C.A.&l12. If I eood....... .... .... ...Ied cIol...ed I"eIoftdOD "Deflt. ., M,.ene .etIOD 0' the eoodeD'lIllDI public ntlt, OD ft. "ft- \"I...". ef ... dallIl b, lu ..,..rollle boll, or other appropriate aathorfr,. eo that eoodt:mDee ... ubaOlted hi. admlDl.ua. d.. "medl... .11: ..J, judicial "meet)- He. ID ..ddoDiRr the nperior eoort for l"Ilief III odmlalot..d.. _...... Id. 4. ,.Iullll ~ ........ DeelaIoD ., pabUe adf7 .. to pa1lDeDt of "Ioet.doli~'. ..,.Dle. .'fer ,ropert, It "'tD for publie' pal'pole II fiIlal oDly a. to ..0.1_ of foct. laperlor Strot .. H..,.r Co, Y. Port of Oaklaod 118771 140 CoIJ1ptr.S15,12 C.A.&lI81. ..- When JOrt _thorftr'. procedure fof' ,...me _ daIm. for "Ioeadoa ..peD.n ....wed for.. teotllllOl1, 00 fl<l'_e "'.......d.. IJl<l 00 oppo......II' to ... ...... . port of _to oloImut woo _ Nq1drool .. _1 -..dn '"'... W... fIJloc Iu _pIa1Dt for _b ..... _ u...- III .porlor _rt. laperlor .trot .. Bne., 00, Y. Port of Ooll..d (U77) 140 CoIJ1ptr, 11Il, 'Ill C.A.&I 887. DI... ., i 7267.: Befon entlty aha] aatlon ther ty for the', be Iesi tha value of 5U value of l'( cauaed by I qulred, or ; t auch Impn within the t prded In d i entlty ahall i written It&- l tablllhed ., er occupied dentla1 unit a eopy of tJ prlate, the damqes to (Added b7 I 178, 11.) - n. me .. . , MDtnee n1ati tIoI oppralllL ......TtJ ...... '12'1" Protoctlol of < 10._. -- .. fJ. U" ......, Doc t 1267.3 'I'be cor. be 10 ICbedI , ; t 1267 TlUe 1 RELOCATION ASSISTANCE -K ~t, r1iht-of-way, covenant, or other Donpoa~')ry Interest In real property to be acquired for the construction. reconstruction. altera- tion. enlariement, maintenance, renewal, repalr, or replacement of lUbsurface _1'1, waterUnea or appurtenances, drains, IePtic tanks, or Ilorm water dralns. (Added br 8tata.1971, Co 1&7., p. 8160, I 10. Amended br 8tata.1916, Co 101, p.182.11.) III-' dcoI Note ftt 1m _---..t ..rtel! da. ea. ronael' 112ST wu .....be,...s I '1287.- -"'""" a ODd ...1Dded ., 811l1.1871, Co 1514, p. 8180, I 8. a.. a.r_ P_rt1 ocqaloltlOlI ., ..._. .r _.......tI.... _ro<tIOI of tbII -"... - 112'1<<, ProtKdOD 0' OWDff or oceaput, other ,roftalou of law ~riAa: ,....tet .,oteetioD tMD 10 p_1<l b1 thlI -... _ I 1212. Iloobolllt DoDlolo "'180, &.anr7 u... ell C.J.s. Emlatlt Doooalo I 188 ot 104. .... .. ~.--. I. II ......, Cttr'. taBare to follow pldeUDe. for "!'lit eoDdelDDlrion, 'I"oeo Y. Ctt, of Ball- MIOtla....' wlth ...d..... ....d.. thll I... .. Barbe.. (1878) 151 Co\.Rptr, 81.2, 88 tioa eoald Dot e....t. eauat of .ed D in hl. CA.8d 864. - S 1267.1. AcqulsItlOD (a) The public entlty ahall e every reasonable effort to ac- quire expedItlously real property b neiotiatlon. (b) Real property ahall be app before the inltlatlon of De- aotJatlons, and the owner, or bis desl ted repreaentatlve, ahall be liven an opportunity to accompany the a railer durIn& bis Inspec- Uon of the property. P.:...." l.' (Added b)' 8tata.1971, Co 167., p. 1161.111.) 0.. a.r_ .....rt:J -. . 0""'_& ., ........ ., (If" ---u.. c'r ., .... ~ ... 112'1<<. F.A.-doa of ....r er ......" ....r ..4.--"--'1 -., II. ....... ,.-.- ..... ..... 10 .roeIlIod b1 tbII--. - , = - ,~"1.. UInrJ' .... 11- c.I.B. .-t >>-010 ,m 01 011I. ....... ., III . . .. ......... Oat ~TtJ .. __rod tI. ...... - A-.I ...... of _. or ....... ... ....rIor 8trot . .....r Co. Y. hrt or .... 10 _ .......,.wto to _t of ... 0UIu4 (U771 140 o.a.u. 118. U C. ..... --4 - , .. 1110 ..,...aIOd ..... 18'1. 'M .' . Dl... ., ItELOCATlON .ASSISTANCE I 1267.3 TlUe 1 erest In real :t1on. altera, llacement of eptlc ta1ib, ""\ . ("r....., Kc....~II.....-i,.. Jut _pelllatloa; .uer of lair ..net alae; writ- tea n.hmeDt; ,........ of appralaal the InItlatlon of nerotlatlona for real p.~ 1)', the publlc entlty estebUsh an amOWlt whlch It beUeYea to be juat compen- ..tlon there , and ahaIl make a prompt offer to acquire the proper- ty for the fun OlDIt ao established. . In DO event ahaIlauch amoWlt be Jess than the ubllc entlty'. approved appraisal of the fair market value of such property. Any decrease or InCrease In the faJr market value of real prope!:(y to be acquired prior to the date of valuatlon caused by the public -.Improvement for which auch property II ac- quired, or by the lIkeUhl:Kxl that the property would be acquired for auch Improvement, othe'r\ than that due to phyalcaJ deterloratlon within the reaaonable con~ of the owner or occupant, will be d1sre- prded In determln1ni the COIJ1pensation for the property. The public entity .hall provide the owner ~ rea) property to be acquired with a written atatement of, and aummary of the basil for, the amOWlt It es- tabUshed as just compensatlon. Where the propert$ Involved II own- er occupied residential property and~ntalns DO more than four resl- dentlal units, the homeowner 1haJJ, upo"req~ be allowed to review a copy of the appraisal upon which the OUer Ii baaed. Where appro- priate, the just compensatlon for the rea)\propertyacqulred and for damaies to remaIn1n& real property ahaIl be ieparately atated. (Added by8ta1l.1971, c. 11174, p. 1181, I 12. .tmeDded b1 81111.1978, c. 878, 11.) 81111.197l1. e. .kred t =~ m. Co 1514, p. WI --. _ frotootrOl thIJl 1& eq, y, 0" of .... aL1\ptr. 112. 18 effort to aeo ....rteoI Note Tb. 1118 1_1racI_lllt _rtecl tII. fifth IIeIIteDce nlatiD.a to "rie. 0' a eoP1 of tbI .PPra1oll. iatlon of ... lYe, ahal1 be : hla InIpec- ". . . a....,.. I p....rt, ~_ bJ ......... or . ~"-. _ of _ -. _ 1m.. PI"OUcdoD of ....r ., .......t. ethr t--_. ...., " II. .... ,..cer ~ .ft &MIl ...ro.wodbJ_-'_I1212. " ..--. - ....- .. law .... - ....- - 01721' htIfIc L.J. U.. ... .....t n-oto ..1.. UInrJ .... u.a.......t n-oto t IZl at.... = It .... I 1267.3. IIc:Iaet!aIIaa h -6.. .. _tk,lI;I8IIt; ..i'I&fca_ ace; time The eonatructIon or development of . public improvement ahaIl be ao lCheduled that, to the II'DteIt atent practicable, DO pel'IOII 'Ili7 ... ,. -- Co Port of per. ...s. u c. "._, 8-30 , .-_._._-,.._.~,_._.",-~~,~---. .j I 1267.3 RELOCATION ASSISTANCE TlUt 1 DI... ., lawfully occupyine real property aha1l be required to move from a dwe1Ilni. uslDl1lni a replacement dweIllni will be available. or to move his business or farm operatlon, without at least 90 days' writ, ten notlce from the publlc entlty of the date by ""hlch auch move Is required. (AcIded b7 Stata.l'71, c. 1174. p. 1181,111.) . a....._ ~..,. ......- b1 ........ or . .'doI, - .....tI.1 of ~ -... - 112'l4. Prottctloo of _r or __.. otb.. p,.rIIl... of low Iiftq .-tor _- - 6o.-eol b1 tIdo -... _ I = UbnrJ W.. Ma\dpol Co....._ "'S1<<(1). c.r.a. II_pol 00....._ I UOO, .. II ..11..1 WIlt" eoodemDor'. MQalaIdn of fOr- .... of _.......' Iud IJlII . baIhIlIlr .r 8tflet tlDpronlDut ,..wted m .0 _tiDut4 iDterruptioD of tr "'1IID"" ae- .... to tlat nmauu'er IIropeft" tile... ... ao IMab for c1aJmed ."anl of 1M. of rea- lODablt rat,1 ..Jue. to. A.Aceltl CoaDt, Y. S..lth (1878) 127 Co!.RPtr, eee. GS C. .AJI<l748, Property aeql 112'l4, Protectl.. .f 10 p...rfd J:mIaoot Do. ,. i 1267.f ~ 1 If any the power t , eondemnatl I t it oecess&rl tact of the . , (Added b7 S t . . .. i ........,. .... .. I 112'l4, Protection of I I .. ,...w. IiaIoat Doa - S 1267.1 . . If the a _lnl"iJ: economic ft the entire pl (Adclecl by It ......:In.. I 4. P_ofo ",- I 1261.8. (a) AD ment pa)'11l( JIort.- III 11 . 1_ S 7267.4. Fair I'lllltaI 'I'81ue; Ihon-term occupier If the publiC entlty permits an owner or tenant to occupy the real property acquired on a rental basis for a abort term, or for a pe- riod aubject to terminatlon by the public entlty on abort notlce, the amount of rent required shall not exceed the fair rental value of the property to a abort-term occupier. (Added by Stata,1971, c.l&74, p. 8181,114.) a.. ..._ ....."' eeqalaidou '7 pareUM or wnh-..-doD. ..auvetin of tWI ~ Me 112'l4, 1'rotI<tlo. of ..... or _PI." otb.. pro_ of 10.. ...... .-tor -- - .. p...wed bl .... _.. _ 1= ....t DomoID__ UbnrJ LA- fTI c.r.a. _t DomoID 1128, t 1267.5. CloerdOD to _pel 1011'.......... aD price In 110 event 8baI1 the public enUty either adYuIce the time of CIllDdemnation, or defer aecotlaUona or co".........tlCll1 aDd the depoI1t fJI funda In ClOUI't for the tile of the 0WDeI'. or tate any other actfCll1 merclve In uture, In order to ~1 all qr.-nt CII1 tbe price to .. paid for the ...~. . ~ 117 8&ata.1l'1l. Co me. p. 1111.111.) 768 TlUe 1 to move from a avalJabJe, or to :t 90 daya' writ, :h IlIch move is 01... , ULOCATlON .ASSISTANCE f 1267.8 " Ibio 00<tI00, ... II' __ tbIo ,I :i) ~\; ,'. :. 0.. ..... "-rtY ........_ bJ ..- .. IV" --dol, - t. .11.. of lido ..a... ... '12'14. PntectloD of.-.er.........t...... ...--'J -. etlaw"'" .,."r _A-~ tIaaIl II ......... b, _ -...... , 1212. JlIoIDlDt x-m "'ITO. UIlroI7 ...... c.J.B. ....lDt DomalA '224. ....- , UOO. .... 0'-' S 7267.6. OoademDatlOIl prmllUllp; I1IItItatloa II)' pubUc eII- CIty Inatea4 of by owuer U any Interest In real property is to fie acquired by exercise of the power of eminent domain. the public entlty ahalI Instltute formal condemnation proceedInes. No public entlty ahalI Intentlonally make It lie( .'''>' for an owner. to Instltute IepI proceedInes to prove the fact of the taldni of his real property. (Added by Buts.le71. c.l1174, p. 8162, 116,) c:nu aot_ . ,"Optn1. th.,.t _.. Ird .1 101. 0' re,. II ....eJe. CooDt, I.J' _esc. o occupy the ~ or for a pe. rt 1lotlce, the , value of the Property .cquIo\do.. b, ..._ or _.....11.., _1"IdI0I 01 thla _0', ... '12'14. , ProteedoD 0' OW1lU or oeaII"lIt. othn prcm.loD. of law ~ ar-ter proteedoa tb.D 10 proricl..s b, thla _... ... I 1212, UIlroI7..... , c.J.B. JlIoIDlDt x-m 'lI09. JlIoIDIDt DomalA ..1116. _ ,':...0) f'..C.J' - S 1267.7. Acq1daItIoa of _tire property; awl4uce of - "'-. .-Ie-.at U the acqu1sI" of only a portion of a pr~ t)' would leave the I'e1IlIJnInI portion In a ~pe or COIlditlon u to COIIItItute an un, -=onomic remnant, the c entity aba11 offer to aDd ma)' acquire the entire ....~~I ty If the 80 cIelIIreI, (Added '" Btata.lt11, L U,4, P. II 11.) ... --. - .- .... Ill. "-TtJ ..... . ,- -........ 0: TTI~~':;;' : I 1111 of .... --. - . , 12'14. , "'_1>._11_ 01 _ .. _to -. ....r '",- of 10. IIetoa __ ~ I . .... II ....w.I bJ'* --. _,1112. . tile time of the depoIIt Cber action lie price to . 7261.8. ... NI"'''~ -. elpallUc ~1I111l; .....'t) of law (a) AD pubUc tiel aba11 adopt ntJea and ftIUlatlona to ImpJe. ment paymentl and to r relocatlon aaIItaDee under the '1&9 Y -J;;- . , , . . " I 1267.8 IlELOCATlON ASSISTANCE TlUe 1 DI... , prov1sIona of this chapter. Such nI1es and reeulatlons ahall be tn eonformlty with the iUldeUnes adopted by the Commission of Houslni and Conul1un1ty Development punuant to Sectlon 7268. Such N1es and recuJationa ahall, to the 'f:u11est extent pcII5ible, also be COIISIstent u to federal and lIOIIfederal pro~. , , (b) NotwIthstandini the provtaIona of aubdlvislon (a). with re- spect to a federal~ funded project, a pubUc entlty &hall make reloca. UoD ..!stance payments and p~ relocatlon adviaory UIIstance u required lI1lder federal1aw. \ . (FoI'IDerb' I 'Il!81, I14ded b)' Stata.1969, C:..U89, p. 1048, I 1. eff, Sept. e, . 1MB. Jtenumbered I 'Il!81.8 and ameDdecl Ii)' S1ata.1B11, c. 1&14, p, 8160, I ., AmeDdecl b)' Stata.1B12, c. 1101, p. 2801, 11.) ...Ired b, pobl; BaDr:er Co. .. J40 Co\.Rptr. G Where nIoca aot required u authority fo~ t location .ft.er , . I 7268. "(b) Pa)'1neDU ader the proritloal of lid, ehlflter b1 De Departmut 0' Public '~"or'" for ,ropert, aequilfdoD' .baJJ be III leeontaDte with Rch nalt. aDd "pl.- do.. .. &bIU .. adopted b, tIl. deplrt. mlDt. .(cl a..b ..."lltI... &baU prorid. tblt the p8J111'Dt. aDd ...llt.aDet required of . public nth, aader thI. chapter Iban be admtDl't.tred lG a mlDDer that" fair Gd ruaoD&bJ. ud II nltorm .. ,raetleable. TIM n,ulltloDI ,b.U alia prondt th.t the '&J1DtDU ,ball be mldt II ,rolDpd, .. pollfbJt or. .. blrd.hip cu... III advaDce. hi addidoD, the "CU" dOD. ,ball pro\ide . ....oD.bl. .UU,t liadudoD III det.trmi.D. laC tbe Ict.ual IUd naeolllbl, t:lptDIt ill ..0\-101 . lNaaiDeu for parpoet. of SeedoD 7262,.' _OI. a. II of ltota.1812, Co 110'1, p. 1808. pro""., ..... S. TIte Lec\llatore IIlt..lI. that ... p_ of thle oct &b.1I old 10 tIl. altorm adm1D1ltnttoD of nJocedOD ... ._ b, pabUe ..dtleo tIl_boot thle atilt, ..... fI. 'nd..ct .hlD ........ OpIro. dYe ., rear after ka eftecd.. ..te." (a) Th< &hall adopt I chapter and bypubUcenl (b) Th. ahall, to thE Presidential President of requirement ty Aequlsltl( rqulatlons J (c) Sue ance require tered In a III: t1cable. ThE _de u pro addltlon, IIIC In detennlnl IIeSlI for purJ (d) In I CommunIty I lnI out the p (e) The ahall provide drattIn& and aDd to .""",,1 1IJof1>ttcol Noie a- ...... I'IIIoc III _ ad ......_ -'opt"" ..._t to _ -. _ I ft81A. ....._ " ..... or _poll, oth.. pro_ III IIw ...... _to. .- .... ,,__ bJ--. _I '1212. ...... ,,~ . 'I I. .. ~ .. .... wlthlIl la--t11 ....._ pori. ".... port ..lb.rlt, __rI1...... ... nit for _b __ "'II'. - .. .pt ...._ wWdo -.III ....... 1IoltI7...........t 14 _tbI lito. ...... tMt .... for __ .._ .......t...... '- -' '-"' ... '160 ft. 1811 amnclmnt naambered tilt eKdoa nd nwrote the tut. wbtch pnvl.. _I, rud: -P.rm'Dt. Wet the 'Pf'09UtOD.I 0' thll ..pt.., ah.n be ..de to eUaible ..-raD' .. aftOnSaDe-f with loch rulea azul n,wl- tIou al .h.n M adopted 1>>1 tbt St., Ie "rei of CoIItrol for Pf'Optrt7 aequlaftioDI ., a Ittate .,.DC)'. or the ro't',nililr bod)' ef u, other pubUe udt)' I for proper!)' a~ulaltioD' .,. lacb C1dt,. PlrmfDt. ..d, ill nlatioD to propen,. aequl.hioD for tvedt ud atfHtJ ., public add.. ether tbaD th, atat, .haD be ...d. tD at'- __ with lb. promloo. of Artlcl. III C_....<lIlc wltb ....10. 156) of Chip. leT 1 of Dhi,ioD 1 0' tbe 8UHt. IDd HiCh..)'. Cod, IDd ,geb FUIII IDd ncul.. lIou U 1...11 be .'opted b, the Bille De- "fUllet of Pablic \\'orb," ft, 1m a.ndmot NWrott tII. -.c. _, wblcb preriouol, rud: -(a) Eseept .1 pnnided III nWSYIIloD n), permna" aDder 0' ,l'Pialonl 0' Ibil ..pter &ball 1M ..de to .Urtble pef80D. III .......0.. Ilitll ...,b role. 0111 ...,,10. IIou .. Iblll .. adopted b, tlo. all.. ..... of Cootrol for proptrt, oeqol.IlIo.. ., a 81&t.' ,,'De,. .r the ,0ftnalD, lIlody ., D1 euer pabUe adl1. for prope", ....w- ~, _b ..dq. 1 j ; (Added II)' Sta Stata.lt11, c. J . C v.a.u. I \ I fte un .... .........t of I ..... eo .pt III ..._-,~_..._---/....- . ------~~._--------.;. ._'-'.'".~-- -, ...C'~ . : J. TlUt 1 hall be In IfHousIni Such nIIes CCIIIIlJtmt I, with re- ke reloca- uslstance If, Sept. 8, . p. 1180, I K- ... , .. " " c. , ,', ~<- ~- - .,..m.loolof IDt of PabUc 100. lboIl .. . ..... "pia. o \eplrt. , ....w. till! roqolred of I pt.. IbiD .. It 10 falr IJld o p..etI..bl., "wt tbat 0. .....ptl, u .. .. ad\"aDC't:. MU proold. I ... .tttrmla' II .SpeD_' Sa _ of SoetIo. ~ I, Co 110'1, .. lilt.... tat ell old Ill'" _tlOD ... _boat '* - ...... ,"t..- a.e. --.. ....'.... pori. .. . ... ........ after _rv- 01... , ULOCATlON .ASSISTANCE I 1268 ..aired b1 ...bllo -tIt7. ",rIor .trot .. Bone.. CO, Y. P.rt ef Ooklood (111'1'l1 140 CoI.Rptr. GIS, 12 C....JId 181, .....trt nIocadoD npeue. elabDut ... eot nqalN45 to ItNMDt eI&IlD "'on JOn aatborit1 for OpeD'" ".01"" III Ita N. __ olt.. .athorltJ _.. Ita .rop- orv for pabUe _ ... atJoorltJ'l .d. .....'..d.. ..-.,... _.. IDochquolt, oppUeobl. IIalItodorll porlod _ that ... toblilbed III __ pI4e_ ood IOIt _. oot .rnd b1 IboItotlool wb.. flied wlthlIl 18 _tbI orter _t'l "'bt 01 __.-...d. 14. S 1268. GaI4eI1Des 117 _""-oa of JIov-"'c u4 -tmItY *veIopmeat for paymeats ..d reI_Uoa aaII1aDce; aaII1aDce to pubUc ..tltIea (a) The Commission of Housin& and Community Development ahall adopt iU1deUnes for the Implementatlon of payments under this chapter and for the uniform admlnlstratlon of relocatlon usistance by public entities carryini out the provtalona of th1I chapter. (b) The CommIssIon of Houslne and Community Development . ahall, to the fullest extent possible, conform auch culdeUnes to the Presldentlal Guidelines promuJpted by the executlve office of the President of the United States, Office of Manqement and Budget, the requirements of the Uniform Relocatlon Assistance and Real Proper- ty Acqulsltlon Policies Act of 1970 (P.L. 91-646),' and the rules and reiUlatlons promu!iated pursuant thereto. . (c) Such iUldellnes aha1l provide that ~ 'Payments and uslst- ance required of a public entlty under this chapter aha1l be adminis- tered In . manner that II fair and reuonabJe and u uniform u prac- tlcable. The iUldeUnes ahall also provide that the paymentl ~ be made u promptly u possible or, In bardahlp cuea, In advance. In addition, auch iUldeUnes aha1l provide a reuonable mJ1ea&e llmltatlon In detennlnlni the actu8l and re8lO"'.hle ~ In II10YIni a busI- _ lor JlWlICl&eI of SectIon 1262. (d) In adoptIn& auch cuI...lI- the ~'Mlon of If....!." 811d Community Development aball COIIIU1t with tbe pubJ1c llltitlea carry- me out the provtalOlll of tbIa cbapter. (e) The Departme!lt of Pl"'-'''' and 0amm\DIlt)' ~.!I~t aball provide CClIIIU1tInI and fecltnlcal aaIatance to pubUc llltitlea In cIrattlni and amendIni ru1es and ftIIIIatlOlll to ....r~t payments and to ......lnl-teJ' relocation uaIataDce UDder tbIa cbapter. (Addtcl II)' Statl.1KI, c. 1611, p, IOU. 11, Iff. Sept. .. lKI. ~dtcI b7 8tata.1171, c. 1174. p.ll82, Ill; 1tata.lt'l2, c.lI07. ,.180', 11.) I G V.&C..I.. . _lot..... ..- ... Nota 'A. 1171 ....._t .,...... cUt'" ......t..-a........ eblpter ., It .port....t of ...bUc _rb _ ..tho- aDd t"l the ......... ..... of oth.. .... 10 adopt ...... aDd ...,Jo- to Ia. pabUe _tI&IoI, _. .... _to ....... 761 ?--3c{ .'-'~ "----"-.- -'-.--------.---- - --------- ----- ..----.---"------ - -....,...., ..,..' --.- i 7264.5 GOVERNMENT CODE tilt bli<: III te . .tate en or ru ea an re tiOnl III &CeO ce temunation 0 nta to an ft: bona, (b) N. peno. IholJ be required to ...... from Ida 0:- her chrenm, ........ ef Ila _uilltlo, b,. I public eotity, UDJeu . . . eomD&rab~ np1acemeDt IaoUIDi . . . i! ....nabJe to . -.- 1. the Denon. , (c) For puI'pOIa ef dtterminiDC tilt opplicobility ef 01lbclnioloD (0). the pIlbli<: IIltity II bmby dtoipoted U I duly IUthoriud Idrniuiotnti.. body of the _ for the putpoHI of lubcInioio. (e) of Sectio. 40S of the ile_.. ODd Taxotioo CocIt, (d) . . . Subdi..iou (b) IholJ DOt opply to 0 dloplacod __ wbo _ Iu WI'ltiq willl tilt public IIltity to moaIu Iu .......'1 of tilt oequired chreUi06 U JIl'O'lded Iu lobdmoiou (c) of Sectio. 7263. (Amended by Sto".1981. .. 885. p, 1671, V 4; S....,It89... 1128. f I.) IliItorleol .... llWulol1 N_ ItlI "-""...nL Subotitultd.;" ..bd. (a). tilt ....-.t.....loa...... lllIoerwiat be IDIdt ..... worda "compuablt replaotmcDt boldm," &lid "that ablt, the pu.b1ic eatity ahallue fUDda auUloriz.e.d for the ltouIib," for ".aeh boUlinJ"; aDd Mded .abel. (d). projltet tor which &he raJ JlI'O'PU't)', or iDterat tbt:rtof, INt IArUlatlon II btioc acquired to.....- lilat .....Ioa. Tht 1989 arnndment ma.dt a DODaabttanti.,. ~ "'(b) Ho ptnOll Iba1J be nquiNd to DaO\'t from .. ;" ..bd. (dl. Illd r<w>olt lubela. (alllld (III. which bod "tIIiuc boca... of Ita acqDiaitio. b, I public ..lily. prvYidtd, -. tilt.. ;, nploce....t .....iIl,. II deacribt<l in "(a) It fOmpvable repl&eemtnt houaiDC iI DOt .y..n. p&J'qTIph (I) of aubdiYiaioD (e) of Section 1261, avan. obI< Illd tilt public entity dtttmUna lilat oompuabl< obI< to him." Ltn,th 0(..._ J N_ of Iltdalon. J. Laiooth 0(",- Hinety day ..ideaC)' requimneDt of Go\'. Code f ~ did DOl apply to produllt -... ;" buiIdin,. co Ita.........., Iaod from btioc -oItr'ld for lilt NIOtl MUlier foUowiD&' termiDa.ticm of their kDaDdts, WMl'f DO oomparabJe I'Ip1aeemellt ho~ wu .....uablt. Gucia Y. Autho.y lApp. , 1lioLlt89I25ll CaI.Rp... 193. 111 CalJ.pp.ad .17, ..Yitw ....... I, ~I< ..........nt Ilouo1n, T...... aJleredl, diapla<td by ..11t....IlCO!,.iait;o..f ..identiaJ property tailed to Hca.bliah colle,e I DODeDm' p~ with t.hil act and their entitJement <<.0 !is u.nitli of "comparable "platf'lMnt houairl,..' McKeon v. Hu. ~ Colle,. .f tilt WW (App. I 1lioLII161 230 CaI. Rp... 171. 185 C.A.ad 177. f 7265, AIrport propm,o ....oaIoltlon; ...nllcuou -"1; oddltloool _at (I) In odelitio. to the plymen.. required by Sectioa 7262, U 0 ...t of oequilition, the public ..tit)' .haJJ 1DOk. 0 J>I).....t to ..., orftcted propert)' OWDtr IIltttiuc the reqoirome." of this H<tio.. (b) The otttcted proptrt)' Ihlll be immediately ..Uti&'uoUl to proptrt)' oequired for airport p.,po......d the 0...... IhllI hi.. 0WIled the propert)' otttcted by oequloitioa by the publi<: OJltity DOt Iaa thin 180 do)'l prior to the Iultiotion ef ae(Otioc;o,., for oequloitiou of Ibo oequired property. (c) 'lb. payme.(, DOt to Iltooed ~-tw. tboooud t hondred doIItn fI2UOO), IholJ be the omoDDt, it ..y. which oquola the dediae Iu the IIIOrittt ft!ue ~proptrt). of tilt otttcted propert)' ...... couaed by the oequioltioa by the public IIltity for airport puI'pOIa of oth.. ~ p1Opert)' ud 0 chaup Iu Ibo _ of ~ property. . (d) Tht "'ODD(, it ..y. of oetuoI dediae Iu lair IIIOritIt ft!ue of oftoc:Yd JIl'IIpert)o IhoD be tIttenuined ~ to ruIa ODd NruJotioot odopud by Ibo publi<: IIltity pure_ to thiI cbopter. no 1tI1n ODd NruJotioot lholl limit pa1Dllllt UDder thiI -:~~ to t/loH cIrt:amoloaoa Iu which iIit dodiae Iu lair ....ktt \"oIu. of ott.....s JIl'IIpert)o II 11 iiIii*I to objocti.. ph)'licll choqe Iu the _ ef oeqolred pt'OpIr'ly, (Amcded by Sla...lt89, .. 1128. f t,) RlIIorlcol ad Icol8tor7 N-. .... 1.-' . .....". 'llla It89 ,-- f..... ~ 11M ........ pi,. _t from .16,000 to t22,JOO, ood ..... _ubl_ ........ ...,....... or ....... IndIahNf Itr ~._. ........._ .., _~... . . . 262 f - 3S-- GOVl Inl1. I, ... ,.... 112, 18 Inn (0) 7 "COW (b)F owner' JiliOr1 ~aPJ ~ (Am0Jl I- 'lllal IIbd. (l .....to, Ihrt7 J. Do' CIt(, ..tI.t tlooof ....1 II III' 10_' eouilt.o lIMit... f Dr. ell aecob belicv, i.OaCii ....' off.. 1 ..lilt ::l theW phJlk cIettrr =; propt, oUowl -pi ....... lkL - 8 GOVERNJa:NT COD! tIl. Dublic eDtl1t Wbo... ' .ta~. en or. · dia:placin2' a eney II .... ...,'fi, ~o~ ;"d ..~.tI lh~ Z II~ ).. IIlIdt D......t to 'u2r e Im~lome~t..i IUbdiYllIOD 111&11 6: ~r cf:rllq i.-... of !to ' , . - ..... .. i! o..u.ble to . ~":,.itIoD ..,. I 01 lubdi'rilioD (a) . DeRoo. , the .l&lo lor the' the public entity 10 here..,. JlWJlooeo of lubdirilio. (e) of wl """.. w!lo .".... iD W2'itIo ' : u provided iD lubdi ' , r 1rit.h the public 1fI9'" TII,o. (e) of Sectio. 7263 ,.......,8.) . 110", H_ ac._oat holllmc cannot . ',the p.blic ..City 1baJ1_ ~ be _ ....,. lid tor whieJl tbt ,., lln~ .uthorized tor the I/or acquired Co _~~~I'tJ', Dr ......, thereol r"_ _t 100....... ' ~) No ....... IbaJJ be' . '.Iib, ~ 01 iu ~~ &0 mOYe from b . thel'f iI ftPlAee=tUhoifjo~ by . public entity, rraph (3) 01 I.bdi..... (e) ~lI',L.. dtoeribtd ;" to him.... 0 ~n 7261, ."aj). .... _11_..... ">" "'-. : d. ~--0f\;1 l't'Quftmt,nt of Goy Cock WDed k3~~: :7Judt ~f1.Inc. in bundin,.. on r loJlowinr WfTfUr4 11lJ... -, ~1'9d lor Jut ,,"on ......-bl- no Chell' wnan . -- "' replaetmellt !to' C_, Wkrt Y. AIlthony fApp, 6 Diltl:S~~L9w" IT&i1ablt. ~p.3d 467, ......, c1toiod. CaJ,/lptr.193, "" odcUdonaJ """"nl UleollOfocq ". ..tinr tho rwq ."'Iion, tho public .ntity U1remelltl of this aection DOU. to propol't).. . ICted b)' oequili' oequiffil lor O&POrt 'or ocquilitioJ> J"u..b~~blic entity ~uncfred dollora proPOrty. , IIlOrkol \"IIu. 'J"J;.SlJO), IhoIJ bt the .Iic entity lor .'--rt proporty 01 the -"" JlUIJIooa of other : \"IIu. of oII'lCted public eDtIty purs....":':'~ 1hoIJ" bt '" OIl!y to th... "'_,__.._ ~plor, IODDlbly ~ ---...... wbJch ~ to oI>Je<ti.. pIlYIic:ol .... .... ., ...... . . . i 7267.2 .1%67. GlIIde_ ror ...bUe ...dtleo Hoe. of ~.lAftI . IapMNI !... ., CIty or SID.. -... (lt78) 161 CaJ.Rptr. rJ. 18 c.AJcl 151 (IIaio V_l ....lId b)' Ill! CaLIlpt7. 110, 101 c....Id 1184, _ _ 101 aCt. Ill, 4G VA 101, f6 L.U.Zd III. i Tln.l, A.equlaltlon" Mlatlatlon; _r. 1_1 (I) Tbt public ..tIty IhaIl molt. "trf .....DObIt effort to oequin apocIiIlouIly ,.] proptrty by lO(otiI lion, (b) JieoI property lholl bt opproiatd btlotl tilt lnIIiIlion 01 aerotialiono, ond the own", or the l'I"Der'. de.irM.t.ed repreaent&tive, .hall be riven an opportunity to accompany the apprailer duriiii ~ or her inapection 01 the property, However tht ,ublic en' IDA reaeribe I roeedure to waive 0f' rain1 ill cues mvo1vin the U1Sluon 1& e or onation 0 ro Wl a "". liT m&T et !!.E!: .AmeDded by 8toll,1989, .. 828, t 10,) BIotorlcal and 8tatato"1 Notel .". J..ecIalaUon 1ltt 1_ IJDeftclment edded the NCODd MDteDct of slIbd_ <b). nlatina' &0 waiver of the appraiNJ, and madt IlODlubltantivt chances. Dul, I N_ ef DeciIlonl .... lApp. I DiI~IIIO) 1'16 CaJ.Rptr. 11,225 CoI.App.3d 18. Cit)", IIItpl ........ Co ..- ......n oflaod .t fair mane!. '"alue .... DOt Ulumptioh of duty of .pedal protection toward landowners who lOucht to dt't'eJop ..maininc ......n 0' Iaod; lilt. all proptl1}' aequired throurh eminent doma.in, at)' ... oblipted to pW"l:haH &he kXlat fair IIW"k." ftlut. Smith ", Cit}. and County .f SIll Fnn.... (App. I DiI~I890) 1'16 Col.Rptr. 11, 225 CoI.App.ad 18. Thia MCUoD did DOt impoH on cit). ,eM") ~rt duty with naptC1. &.0 IudoWDen' applicattona for devtlop- ....~ Smith.. City Illd eo,,!), of SIll Fnn.... (App. I DiI~IIIO) 1'16 CaJ.Rptr. 11, 225 CalApp.ad 88. . I Dvty Cit)", .Uefed .ttempt &0 keep land in UDdeveloped .tate, ita alltredl)' 1,ll1f'U&Ouble offer to purchue por. tion 0' Iaod, ..d itIl aIlere<! plaeemtnt .1 'Ol'lOicIablt obltae.1eI in path 10 YIt of led could DOt be eonatrued U Ulumptiofl of .pedal duty to proW<1 landowneR' iD\neI~; dt).', aUered Ida wert bat delcribed III CIOftIiatentl)' adveNt \0 1andowDen' deaft to develop _ proptl1}'. Smith.. City Illd Cou.ty .1 SIll f'ran. t 7267.2. IIIIt eoml'O!'lAllon; property off""" ror ooIe 'y -.or; off.. for ooIe denned l!l Prior to odoptinr 0 ....Iulion of -.it)' poNlllftt 10 Sec:tion 1246.230' ODd initi&tinr oeroti&liono ror the oeqoiaition 0' _I property, the poblic eDtIty ohoIl ..tobliah .. omoWlI ..hic:h it bt1it...1o .. jolt __lio. therelor, ond IhoIl ...b an offer 10 the ...... or ....... 0' .....rd 10 oeqOD't tilt property lor the IoU OIIlOU.t .. IOtobliahtd, 1ID1III the ...... _ bt Ioc:o~ with .....noblt cIilire...., Tbt off.. IIIOY bt eonditiontd Ilpot1 the Itri&lotl.. bodr'l ra\lfieation 0' the off.r by UecutioD of 0 ...._ of oequioitioD or odoption ef. ....Iulion or _it)' or !loth, In DO ....t lboll the OIIlOWlI bt IIIIlIwl the public IIItlty'. opproved oppI"Ilu.l of tilt lair lII01It.t \"IIu. of tilt proop,ertf."" Ally cIec:nut or iDeroue 1tI tbt f1i7 III01Ittt ftIue ef real proptJtJ 10 bt oequlrtd prior 10 the dolo. of n/uolion ..ootd by tbt public Improvernlllt ror whlch the property It oequlrtd, or by the 1ik.1ihood that the proptJtJ .would bt oequlrtd lor !!!! 1m""""1IltIl\, other lIwl that duo to pIlyolcol dltariontioD 1rit.hiD tilt .......w.1t _I of tilt ...... or """"poll\' IhaIl bt cliareprdtd 1tI dNnoIDiDr tilt _"lion lor the~, Tbt public...tIty IhaIl prcmde tilt...... or_I property to bt oeqttlrocl with I writte. ltotlllltllt 0'. ond I1IIIIIIIOlJ of tilt ..... ror, the OIIlOunt it .tabliahecl u jolt __lion, Wbeft tilt ~ ItrtoI\"od It ..... oeeupied ...idonti&1 property ODd ....t&lno DO tDOI'I lIwl f_ NOidatial tullia, tho ............ 1haIl, upon l'IQu,,\, bt aIIowod 10 N'riI.. . eopJ of tilt apprWaIllpotI which the offer 10 buod. WbIN opproprialo, tilt joIl _......Iion lor tilt ,.] property oequjrod ond lor ....... 10 --....r ,.] property IhoIl bt ~tlly oatad, NotWithotandill IlIbdivillon I blie eo' ... mlb OD off.. 10 the ...... or ........ 01 reeo to UIl'f rea ro or III amount 11' It }tYes to t eom nlaoon reOf 1 erea ro .0 e Ofla eOW1leratal nee II n e .ddltlonl....... II d'HI~ Itr ...rIII... IItll"'_'" 111 1Ib. . . 263 S- - Jfp f 7267.2 Coa'fmll'lnOD pa.:..:. ~' .. ....,.J titled to ....... Prope~"'i:m ~ ~ nlpect to GeV. maa ~Uon CODduc:t ill . =:Oa ... IW'tUOwlt and bite ,'. .... ADd ajormeDt of propa't)', eh nn.7. ....ullldon ef entire pn ....pert, !!llf the ocquisition .r only.o potti IIlotorIcaJ ...11 StoUIto.,. Noleo pe or c:onclition .. to c:o~t1tUte If 1112 A.end...nL Sobodtvted the ~. It the ...... or "ror which .oell Pf'OPtr<1 iI ocquhd" m the entift property if the own btrUm... of the rust "n".et P"'<Idina' "the p.blic ",hall bt cIio'"Pldtd" for "will bt cIio...prded" in (b) A raon wbote rea) DroDfrtY is ,.dty lhall" fo, "!ltfo.. the ini..."". of ",o"'''''1lI fourth ......... -no" n Del been full mfonneaOT hi! lor ",J property"; and tollowln( ",hall make" .ublti- '_h IiU tuted "an of tel'" tor .'. prompt offe," &ad foJlowinl . I.., "-eacbHnL ~rted.., anJeq the OWDer onate e ro rt\' an art freo "off,," inN.... "to the .....r or O....n of _rd", lOt bt located with ........Ie dil~...." in the r.... c 'nlit ...nnUl. raor. inItrttd the .....d ..nte.et; lobslitoted "the" for "nte.... I 1989 828 I 11) "Iuch" betan "property" in the tJUrd NDt.enc:t; and JtIS A.md..nL l)ajpated the fWlDeJ' pI"OYiaio. nded by Stata. I Co t ' I.botit.ted "for whieh the property iI ocquirtd" in II 'oW. (AJ lid addtd 'oW. (b). JIiIt< Upenaa 01 liar.tieD, court to conlider offer made- panu11t CO thia HCtion, Nf' Code of Civil Proc.dut't 11250.'10. Huudolla .ubltanca on property to be aeqllftd br. IIthool districta, offer to pun::hue, Nt Code of CjviJ Proctd..... 11263.760. .... JA,taJa110ft . . . c..... Ref....nc.. The 1189 OIIt1ld...nt .~ded the '~,bdi".: . deleted "and II1IY prt<tdin:..;;.ocq AesoJution of ~jty I declaration to .lIte that. offer :~~ added lubd. (b) NlItinc to boD 0 under W. MCUon hu been made, Me Code 01 Civil . Proced.... I 1245.230. La.. Review Commentaria Pftcoodemnation Activitin-chaJlen,;nr need in CaJ. ifomiL S...da K. /lou, CO.....n~ 31 Son.. Clara L.1lt.. 147 (1990). 1._. 8eol......... 2 .....-..,_ I Notal of Dtc:illoDl Utility', "property inte_t- 10 ita Poblic Utility eo... llliuion crtnitltd IeI"\1c>> urea ... ",. PfOPtrt7" iltfro .~ 10 that city could ocquirt 10_.. llllI7 If it lint .... off.. to .liIity ODd ....oidtd .liIity with _ _t ..p......... wily off.. .... Ju~ City of Su ~ .. G_t Oob W..., Co. lApp. I Dilt.11I7) III r.J.1lptr. 14a. 112 C-Ud I~. L..... I.,,,, Off.. to< _ III be lobo b1 _t ....... IDUIt be ne D ,.~ied b,. wrfuea .&aWnteDt of .... fot the &mount _tablilheel II jut ........--~a. People IX NL Ilept. "Truop. Y. CoIo lApp. I Dio~11I2l . CILIpt..Id 710, 7 ClLA,pAtIl UBI, -.... donied, -- dooiod. PIoporty --. oMod 01' obJoction .. ......t ....... - III ldeqlll<J 01_ ~ _to- _01_ ofoff..to<lilo_b)'~.. obJo<t ....... IdIoiniotrotive ~ ..... bef_ lilo ~ t'_M~''''' .. roI. Ilept. 01 Troup. Y. CoIo (App. I DioLItt2) , C&I.Ilptr.ld 710. 7 CaLApp.4t1l12ll1, roheorioc deoiecI, __ _ LI......, 'Illio -. .t&bliohoo .......torT. roquiro-... whieh "lilt bt ........., by 01, p.blic atity ........ III ioiliate _It dollllin ~ tlwUCh -.lo. tIoo .f -it)'. CIty of Son 1_ Y. G..t 0Ib W.... Co. lApp. I DioLllIIT) III CII.Ij>tr. 14a, 112 C-Ud 1005, .. 8eol ~ DilIlIoo.. .r val... IlICI ........ III llliUq', _~ tor IaciIitieo "_ b, city', dop!ioatloo 01 _ _ .... in - coutinItod "tIIdq of proporty," to< which olility .... ..titled to III _lioo ODd _fi.. -..te...., 10... of _t doIIIaio. CIty.f Su 1_ Y. o-t Oob W..., Co. lApp, I DioUII7) 11'7 C&I.Ilptr, 14a, 112 C-Ud 1006. AIIdIllone or ........ ~fr: W .., _III.., ~Irl"". .., ......... . . . 264 ..~:'---.-:.~ ?-31 I 7m.8. R..... oruI .....lodoDl or P' (0) All public ..tititI .hal! ~~. reloc:atioD uailtanee under lotio" 'th the . . . rules and reIN na WI . . .. Development. , (b) Notwithatan~ . ., . ou~Yilio entity lhall malt. ..location ....tou<, requirld ander federlllow. (Amended by 8tota,1980. .. 1182, p, 195 _ .,.......... 2 L D~ J.tIoa" """t_.. location bo .... ........ of fI}'lMllt w N _ _of_.._........., f 7117.8. Noo,..nt, IpICIo/ _ _ (0) Prior '" tho lnitlatioo ef nqoliot -profit, opodoI - property. ~ .w:m -uirlIlr public enlit)' or poblic utilit) -. ..bleb II other thao noop"!fit, ~ ~ ""'luirld, by pub= eo ir'tf.. -""trIJction, _100, or ~ (b) nuo MCtioD ..... DOt apply to _ , '" ""'lm raaI property or ODylot. llliIity "', oatorIl or flood c:ontrol IIlepbooe, I ~:__.ctioo of uilt nquire ftmoft or IIDw,", _r'o _nt or propooed ...., (Added by 8totl,l992, c, 7 (S"B~l), I 6. ~ tlf'llonl or eMnlll IncIoI1 (l(\''l:RNMENT CODE t 7267.9 I 1>.1.6, Cond.mnodo. p_lrlp; WtItudoa b1 .....u. ...tIt1 Wteod of ~1 ...... No* of DeclIlolU L ,",,1IIl'II Proper!)' ....... ... ..titltd to ....... for 10..... IllI>>dtmnaOoll from city with Nlpect to clen10ped prop- C'tJ; city', pnc:cmdtnw.tion coDdud. ill &hreateoin, mDCitmnation ... aDrea.oublt and iDterfued with fWMr', taM ud enjoyment of property, c:itt. otter of ~ of 1121,000 10,... of _!bit _....t of at lout t6(l,OOO lid ... rofuatJ to rollIider IIV...... ........ ..... botb .....-bit, lid dtT. - COIlItitutod breoeh of ItItDlor7 doty"" dill -., ~ .f .... Aoplto ., 'l'iIeOl (1183)111 CaLRp... 129, 14lIl:..Ud 1t4. . 17141.7. Aeqallltloa 0( ...tIre ....portr. .....w.- 01 .. aaoml. _I: "_a of ....pen1 l!J1f tilt I<qoioitioa of only I portion of I prope1'tJ woold ..... tilt ,......."'r portion In lad! 0 ape or condition u to conatitute an uneconomic Nmaant,. the public entitJ .b&ll offer to . . . oequin tilt eatiro P"'pe1'tJ if tilt owner 10 desira, A non whose ftal 10 ill bein uired in accordance with thia eh& ter ma after the non as en u . m arm 0 11 or er n t to receive uat earn Dsation or e Date ~ TO rt... an'" rt ereo an mterest eftln or an tom nlation &1 ere or to . IlU lC entIty etemune v e penon. lAm.nd.d by 5ta".1989, c. 828. I 11.) HI.torlcol anll Stotutory Not.. III' Lerblotlon The 1169 IJ'MDdment added the lubdivilion delirna. tiou, deleted ",nd 1nI)'" p~e-dinr "acquirt" in lubd. Cat and added .ubd. (bl relatinc to donation of property. I .nn .1. Rain and ....,.rodoa. of public .add..; prIorlt1 of r....ral law (0) All poblic .ntities .haIl adopt rul.. and rerulltiolUl to impl.ment plymeatland to admiaiItlr ".' .tion uliltance under. . . this chapter, These rules and rerulatioDl shall be in aeeordanee . .he'" rul.1 and rel<\llations adopted "Dy"1he Deplrtm.nt of Houainr and CommunIty Development . . . . (1)) Notwithl..ndinr . . . lubdivision (aI, with re.pect to a fed.rolly funded P"'jtd, I public . atit)' shall make relocation assistance paymenta and provide relocation advilory uliltance U required und.r federal 10.... (Amend.d by 5ta".1980, c. 1182. p. 3959, I 1; S.....1989.., 828, I 12,) ItIIcrttIonof~nt J Notel of DedoloOl acquired by State by CODdeftlD&Oon, the tltpartment 0' aeneral Hrrica did DOt abuse 1m UcretioD in a.doptinc nplation providiDc that telWltl ill cammon woukl be col*tiveb' entitled, u . ""tamily" 10 cmly one plJlMDt. .f "Ioco_ be..r... AJbrich'., Iltalt (11180) 161 Col.Rptr. an. 101 l:..Ud It, l D61cntioft of lhputlMnt For purpoHt of pt)"TMflt of retocation benefitl to ___ of _ II _ proptr!)' which bid 1>0.. 17m... Noaproftt, ~ _ prope1'tJ, _....- --'...... (0) Prior to tilt laltlotioa of DI(DtiodolUl for .......idoD by 0 public ...titJ .... public atlIitJ of _P"'frt, opecioI QH prvpe1'tJ. u c1efmed. by Soctio. 1235.156 of tilt Code of cmIl'roeedoro, the ....oirinr poblic ..tity or public utl1ity lholl rook. ....., NOIOIlObIe effort to Mtk oItmlall... poperty which iI other tbIn oonprofrt, lpecioI ... p1ope1'tJ, Ho....r. lIliI .....-t ohaII DOt apply to prvpertid I<qoired by poblic ealltiel for lNDIportodon JlUIPOHI. Iododio&. ....t DOt IimitId to, tilt OODItrudioo, upoIIIio.. or improY......t of otreea, birh-Jl, or ralJwaJo. (1)) 'IbiI1t<tioo doeo DOt apply to aetiooa .... ~ .......IICICI II)' 0 public eatitJ or pa~1ic .mty to I<quin ...1 prope1'tJ or any Inlerelt In ruI propt1'tJ for tilt ... of _ter. ......, eJoctridtJ. toIephODl, ..tora1 ru. or fIoocl control foei1itieo or riP_f-.., wbeN tIlOIe .......- DlIther nquin .....voJ .... deotru<tloa of aiotiD( impn>.....nta. _ NDCIer tho propII't)' IIIlfit for the ft1ttr'. preHnt or propoted: use. Wded ~1 SI&II,l992. .. 7 (S.B.82ll. I 6,) ~ or ....... ~.. tocIltJ undorllne; dll......1tJ --- . . . 265 g-~~ - ~-'-'~ . _ ~...,_ _ __.._~_~___ .~_~'___'_'-w.___~_. . ~..i.. .~' "::--~::~YJ' . . : ,."" -:. -~ ;.:;.,' - - , . .,_ 'C- .....;..i_..~}t_ .~- ~" ~ _ ..,. c~ ~ '.. : ...~ ........-:~ ~ - ~ . ~ - ~ ; ,. ...,. - ,,:.. - . ~ t 7267.9 GOVERNMENT CODE GOVERNMENT CODE _rIcoIond _.,. N_ "TIle.-- ..... by lllio eel abaIIapplr"""", dom&ia actionI 01' .. r~ - ... OlD .. "'- ho...,. 1, 1-'." ItIt~ Soctioo T of SlItLIII2, .. T (SJl.l2I~ proYida, f 7H1. ..,.11d ~y Sloto.1HO, Co Uu. .. '1S9, f I f 7H1. _ o'.-r-all: _ tu ... ...~Uc _ l!l No JIOJDlIIlt .....ived by IDY peno. ander lhiI chop.... or u tenant ...Ioc:atio. usis_ p;,uired ~ IDY .tate .tatute or Iocol ordinonce IhoIJ be oorlIicIel'l<l U IIl<Om. for the p\UPOltl oflile enonal ncom. Tax Low, Port 10 (comm..<1Ile with Sectio. 17001) 0' Dmoio. 2 0' the Rev...... T...tio. Cod.. or the Bonk IDd Corporatio. Tax Low, Port 11 (~ with Sectio. 230(1) 01 Divioio. 2 of the Rev..u. ODd Toutio. Cod., (h) No I)&vmeat received by .~ penon under this ehaoter &hall be c:obIidered u iDeome << moun:n to IDY I'tClpIt.t of pub us..tance and .uch plymt... ,hall DOt be cleduc:ted from liIe amount 0' aiel to wbidlthe recipient would othenriae be enatltcl uncltr &lY oth.r prvvioio.. of 10.. (Amended by 8to",1988, .. lC90, f I,) N_o'DeeIIlono preclude incluaion of .l.ICh PlJ'lMDt.I iD caJcu.latiDc IUIf portion of .upplmtental MC'1lrity iDcome p&ymema l(unay 'W. Bowen, C.A..J (Cat) 118&, T86 F.2d N I. SuppldMawJ -.curtt1 IMOIne Califomia .tatute requirinr that relocation ...iltanee payment.l DOt be eouMiered u mcome or NIOW'Cft of any ncipicnt, W..t'. Ann,CaI.Gov.Cocle f 1269, did DOt f 7%71. Quul.pubUc endty; compliance with cllapter; u.mptlono (0) If I I'UQlution io adopted und.r Section l:US.330 0' the Cod. of Civil ProcedUrt co....lizl( ~ the l<Qoioition 0' property by .minent domain and the penon luthorized by the molution to I<q'" the property by .min..t domain l<Quires the property by pun:hut. emin..t domain, or otlot..... that penon lhall provide ..locatio. advilo'l' usistance IDd shall make IDY 0' the poymt'lI requinC i.ODt mod. by publi. e.aties purlulnt to the provilions 0' thio chapter in co,'ormity with lili ehopter IDd the CUid.lin.. .dopted by the Commissio. 0' Housinc &ld Community Dt..Jop_ pursuont to Sectio. 7288. . . . l!!l Thio oec:tion dOts .ot Ipply to public utilities which .... lubject to the provilioDl 0' Arlidr! (commencine with Sectio. 6(0) .f Chop"'r 3 0' Port 1 of Divilion 1 of the Public Ul1lities Codt or. public entities which are .ubject to . . . thia ehapter, (Arnencled by 8to".1989, .. 828, f 13,) f 7277. Appllcatlon 0' diopter; -off_ f"" ooIe," ftfIaed: _ III -"tine (I) The uirtm.nt to rovid. ..locatio. uliotance and ben.fitl irn b lhiI....pter ahIII.. apply to 0 pun: 0 property w . o. or y ....r. propcrt)' beinc ooId · u....tio. or f....I..Urt ..Ie, Or' property beinr ..lei I"'"....t to court order or adtr - IUpel"rilion if the propcrt)' biOII)' ef the fortcoinc oitaotiODI II either ......pIecI bl'the ....... fI' _pIecI. ODd if the off.r for uIe II DOt induced by poblic: ..tit)' cIiopooition, plonned ..... lion, Or' NCIev.lop....t of 11I1'I'O\IIll!in londo, ODd if the uIeo pric:e io fair lIlIrk.t ..... or ~, · determlnod by . qoolifiecl ........r, ud If DO focltral fuDdI an bI...1nd In the ~ ....troction, or project c1tvef.p....t. -Off"'"" for u1e" .... olther ad.ortiIolI for uIt iI' pubUeation of ceneral circulation poblilllocl ot lout _ .. -" "" IiItocI with 0 IieeIlMCI reoI_ Ink.. ODd pobliahtd bI 0 lIIo1tiple llltinc, purs....t '" Stction 1087 of the ClriI Code. (b) At the lItne of ~ u off.. to oeqalre properl:J IIDder oabdmoIoa (a), puIlIi< oatltioI oiII ootlfy tho properl:J ..... ID wrltinc. of tho foUo'll'lac: . (11 'nit publle oatit)"1 pIIJlI far dtYeIoplnc tho prapII'tJ to be oeqairoll ar tho -. ..... .......-rtJ. (Z) A1Jy I'IIocotion ~ aad beDIftla proridad paro_ to __ low wbIcb tho JIftIP8" ..... NY be forcolnr, (AdcIed by 8ta...I984. .. 146. f 1. AIDt"do<I by 8tall.I984. .. 1623. II,) 1l111VUo1. ., ... .11 .. f1 b.4 '" .......,.~ J ....... .., ........ . . . 266 0'-31 . ""t::i':k"'~. , . - "".... ..-:~~,'. , , CIlAP1'ER 11.6. USE OF A Fe Sodlon l299,I, Telephone buecI interp...tatio. ... fundo. . :z99.5. Exelllptiono from lurv.1. ud ';po I uti. LtPoIotI.. latent Low 11< .. ..... !lopInG!! PouI......r (April 1880) : ... W"l'tl'14. lutu. Telephon. IIoICd Iaterp...tot!on 1llIItI.... fund. Star. acenclts may, utilizine .xistine fund odditio. to emplo1ine bilincual peno.. in p t.lddtd by 511",1991, c. 376 (A,B,483), f I,} I tzIt.4. State areneln: .une"'i NpOr1.I Eaeh .tate .(ency ,haIl eonduct . Juney ( aD of tlot foUowine: w) The .umber of public co.lIct pooitions (b) The .umber of bilingull employees in . ..... than E'elish, . le) The .umber and pe....ntoK. of DO..E.,. >>on by DOav. Ioncuae., ldl The number of anticiplted VI<IDcie. bI It] Whether the UI. 0' eonln<ted tel.~hon ;l!r'I011I1D Dubhe contact DOsltions II 1erY1D2' t l!l A1Jy other ..levant infol1ll6aon rtques.. Eaeh IKCII<1 lhall Clkulote the pe.....tap J!Iico by roll!ldinK the pe.....tq. orrivecl ot , 'Ille lurvcy reoula lhoIl be reported 0. : loJiTered to the board not Ioter than Kareh 3 '-'IecI by 5tatl,l990, .. 478 (8.8.2466), I 4 11111.5. Exem,tlono I'roao ......Iy and ..... ~ State Peno...1 Boord may uempt Ita. lilt State Penormel Boord c1ttermints t 10) n.. ..-,. doea DOt fumiah infonnotio. ~ ~~ boo OOIlIiItently .....ived IUc:I: -. It _ DOt ....n requirtd to IIIIploy ~ order to .-man _mptio., IOdl ltote ~ ,or.~ CllCJIlption ODd .....iv. opproval U - -.. tbrH CDlIIOC:1Iav. JUl'I, ~ by SIalo.l891. .. 246 (l..B,653). I 1.) IllIt&. ...... et.....q; ......rt to LtIIa.. ..tt~1 ourvOJ rtquirtd to be 1IIId. ~ Boe.rd . . . and DI'Ovided ir ~ by Stoto,I990. .. 478 CS.~.2466). f 6; . - -UI... .. ...... ,.. ----nted .., , . - --,,:_~~';"';"''''~'-' This yage intentionally left blank, Y-;o /' - ~--~._-,..._-,,----~~--~--~_..._._.--- THE crn OF CHUU HSTA PARTY DISCLOSURE S7:A7'EMENT ,tntement of disclosure of certain ownership interests, payments, or campaign contributions, on all matters "hich will require discretionary action on the part of the City Council, Planning Commission, and all other . 'iciaJ bodies. The following information must be disclosed: ~ l. List the names of all persons having a financial interest In the contract, i.e., contractor, subcontractor, material supplier. R. RYALS. INC. DBA RYALS & ASSOCIATES If any person identified pursuant to (1) above is a corporation or parlnership, list the names of all individuals owning more than 10% of the shares in the corporation or owning any partnership interest in the partnership, RICHARD A. RYALS. PRESIDENT i. If any person identified pursuant to (1) above is non-profit organization or a trust, list Ihe names of any person serving as director of Ihe non-profit organization or as trustee or beneficiary or trustor of the trust. N/A - Have you had more than $250 wOrlh 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 e\'ery person, including any agents, employees, consultants or independent contractors who you ha\'e assigned to represent you before the City in this matter. TERRY COT ,RlffiN ROLLIN LOJESKE ~. Have you and/or your officers or agents, in the aggregate, contributed more than $].000 to a Councilmember in the current or preceding eleclion period? Yes _ No L.. If yes, stat.: which Councilmember(s ): ~ is defined as: "AllY indil'idllnl. firm, eo'pnrtnrrship, joilll \'cnllll"c. nssocinlion, socinl elllh. [rnlrmnl orgnlliznlioll, corpol'f/liOll, "((/1(', nlm, rcecil'er, s)'lIdienlc. Ihis nlld nil)' olhcr eOIlIlI)'. eil)' nlld eOIlIlI1)\ ei' IUI/icipnlil); dislriCl or othcr political sllhdil'isivl/, 'r nny olher group or combillt1tion acting as n Lm;l: :\OTE: Allach additional p:lgcs as ncccsmy) )al<:: /G~UARI ~11'Y~4- -- \ ; , '. \ OlSClOS[.1':\11 RICHARD A. RYALS. PRESIDENT Print or typ<: name of contractor/applicant IHt.q\nl 11~1I".'1 ? -- L// This yage intentionally left blank. p _ d.A-- ... RESOLUTION No.Ij7~/~ 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, currently budgeted construction; and, several capital improvement projects are which will require additional right-of-way for WHEREAS, to expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional services and recommends that the City/Agency approve an agreement with Ryals & Associates to provide these services through March 15, 1995, which also includes a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the city Council of the City of Chula vista does hereby approve an Agreement with Ryals & Associates for property acquisition services in connection with various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the city Clerk as Document No. (to be completed by the City Clerk in the final document). BE IT FURTHER RESOLVED that the city Manager or his designee is hereby authorized to sign the acquisition agreement(s) and make payments for right-of-way needed for projects approved in the City'S current CIP Budget, where the cost of each right-of-way is less than $25,000 for construction of budgeted projef s. Presented by A~prov d aSfito(vorm by (I I ~./j\ ~ t, Director of ,. 'Bruce M. Attorney city J P c: \rs\ryals.cc c!-4-'0 ~.~'--'-----'-------~-,,_._._-_...... . This yage intentionally lift blank. ~ ___ 4-1- RESOLUTION NO./ 3 q '-I 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, currently budgeted construction; and, several capital improvement projects are which will require additional right-of-way for WHEREAS, to expedite the acquisition process, staff proposes to contract for property acquisition services for a period of one year with a renewable clause for an additional year; and, WHEREAS, staff has evaluated the proposals for providing professional services and recommends that the City/Agency approve an agreement with Ryals & Associates to provide these services through March 15, 1995, which also includes a renewable clause for an additional year through March 15, 1996. NOW, THEREFORE, BE IT FURTHER RESOLVED the Redevelopment Agency of the City of Chula vista does hereby approve an Agreement with Ryals & Associates for property acquisition services in connection with various capital improvement, economic development and redevelopment projects, a copy of which is on file in the office of the City Clerk as Document No.____ (to be completed by the city Clerk in the final document). BE IT FURTHER RESOLVED that the Executive Director or his designee is hereby authorized to sign the acquisition agreement(s) and make payments for right-of-way needed for projects approved in the City'S current CIP Budget, where the cost of each ~.ght-Of-waY is less than $25,000 for construction of b eted proj cts. Presented by App oved s to form ~ Jo n P. Lt.i~' 'rector of (B~ce K. JL ~ P lic Works Attorney C:\rs\ryals.ra po-/-:( This yage intentionally left blank, 8-%