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HomeMy WebLinkAboutRDA Packet 2001/07/24 ~{f? -=-..- ~ CllY OF CHULA VISfA TUESDAY, JULY 24, 2001 COUNCIL CHAMBERS 6:00 P.M. PUBLIC SERVICES BUILDING (immediately following the City Council meeting) ..JOINT MEETING OF THE REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Davis, Padilla, Rindone, Salas; Chair/Mayor Horton CONSENT CALENDAR The staff recommendations regarding the following item!s) 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 pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed alter Action items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES Staff recommends the Redevelopment Agency/City Council approve the minutes of June 28, 2001 and July 10, 2001. 2. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE DEVELOPMENT OF THE PROPERTY AT 590 K STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AND APPROPRIATING $50,000 FROM THE UNAPPROPRIATED BALANCE OF THE SOUTHWEST REDEVELOPMENT FUND FOR THIS PURPOSE-The Chula Vista Elementary School District is constructing an elementary charter school at the vacant property located at Broadway and Sierra Way. Because the project includes construction of classroom space, the design plans were reviewed and processed through the Office of the State Architect. The plans were also reviewed for issues under the City's review authority and it was determined that improvements needed to be completed on Sierra Way for health and safety reasons. The District has requested the Agency contribute 50% toward the total improvement costs estimated between $70,000 and $100,000. [Community Development Director] 4/5THS VOTE REQUIRE!) STAFF RECOMMENDATION: Agency adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Agency on such a subject, please complete the "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, stoff, or members of the general public. The items will be considered individually by the Agency and stoff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a Request to Speak form available in the lobby and submit it to the City Clerk prior to the meeting. 3. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. (RSG) TO AMEND THE TOWN CENTRE I AND II, SOUTHWEST, OTAY VALLEY ROAD, AND BAYFRONT REDEVELOPMENT PLANS TO EXTEND THE LIFE OF THE PROJECT AREAS, IMPROVE THEIR FINANCIAL ABILITY TO UNDERTAKE NECESSARY PROJECTS, AND ANALYZE THE POTENTIAL FOR ADDING NEW TERRITORY-Amendments to the Town Centre I and II, Southwest, Otay Valley Road and Bayfront Redevelopment Plans will continue blight elimination activities by extending the life of the project areas, improving their financial ability to undertake necessary projects, and analyzing the potential for adding additional blighted territory. A request for proposal for the preparation of amendments was sent to 18 professional consulting firms. A selection panel made up from representatives from Community Development, Planning and Finance Departments are recommending an agreement with Rosenow Spevacek Group, Inc. (RSG). [Director of Community Development] STAFF RECOMMENDATION: Agency adopt the resolution. 4. OTHER BUSINESS 5. DIRECTOR'S REPORTlS) 6. CHAIR/MAYOR REPORTlS) 7. AGENCY/COUNCIL COMMENTS Redevelopment Agency, July 24, 2001 Page 2 ADJOURNMENT The meeting will adjourn to a Closed Session and thence to the regular meeting of the Redevelopment Agency on August 7, 2001 at 6:00 p.m., immediately following the City Council meeting in the City Council Chambers. CLOSED SESSION Unless Agency Counsel, the Executive Director, City Councilor the Redevelopment Agency states otherwise at this time, the Agency/Council will discuss and deliberate on the following itemlsl of business which are permitted by law to be the subject of a closed session discussion, and which the Agency/Council is advised should be discussed in closed session to best protect the interests of the City. The Agency/Council is required by law to return to open session, issue any reports of final action taken in closed session, and the votes taken. However, due to the typical length of time taken up bVCIosed sessions, the videotaping will be terminated at this point in order to save costs so that the Agency/Council's return from closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report of final action taken will be recorded in the minutes which will be available in the Office of the Secretary to the Redevelopment Agency and the City Clerk's Office. 8. CONFERENCE WITH REAL PROPERTY NEGOTIATOR --Pursuant to Government Code Section 54956.8 a. Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast corner of Fourth Avenue and F Street) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris/ Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiations: Price and terms for acquisition b. Property: 707 F Street Negotiating Parties: City Council/Redevelopment Agency (Sid Morris/ Chris Salomone) Under Negotiations: Price and terms for acquisition c. Property: Assessor Parcel No. 568-270-10 (315 Fourth Avenue) Negotiating Parties: City Council (Sid Morris/ Chris Salomone) Under Negotiations: Lease terms 9. EXISTING LlTIGATIONnPursuant to Government Code Section 54956.9(a) City/Agency vs. California Energy Commission (CEC) regarding approval of RAM CO Peaker Plant, Unit No.2 Redevelopment Agency, July 24, 2001 Page 3 ~ 10. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION -- Pursuant to Government Code Section 54956.9(a) Agency VS. Rados Bros. [Case No. GIC734557-1] ********* COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans with Disabilities Act (ADA), request individuals who require special accommodates to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least 48 hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TOOl at (6191585-5647. California Relay Service is also available for the hearing impaired. Redevelopment Agency, July 24, 2001 Page 4 MINUTES OF A SPECIAL MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA June 28, 2001 4:00P.M. Mayor Horton called to order a Special Meeting of the City Council and Redevelopment Agency of the City of Chula Vista at 6:10 p.m. in the Council Conference Room, located in the Administration Building, 276 Fotnth Avenue, Chula Vista, California. ROLL CALL: PRESENT: COtmcilmembers: Davis, Padilla, Rindone, Salas, and Mayor Horton ABSENT: Councilmembers: None ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore, Assistant City Attorney Googins, and Assistant City Attorney Miesfeld CLOSED SESSION 1. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9( c) Possible challenge to California Energy Commission (CEC) approval ofRAMCO Peaker Plant, Unit No.2 No reportable action was taken. ADJOURNMENT At 6:30 p.m., Mayor Horton adjourned the meeting to an Adjourned Regular Meeting on July 10, 2001 at 4:00 p.m. in the Council Chambers, and thence to the Regular Meeting ofJuly 10,2001, at 6:00 p.m. Respectfully Submitted, ~LU. ð..Å-~' '3~ Susan Bigelow, CMC/AAE, City Clerk I-I MINUTES OF ADJOURNED REGULAR MEETINGS OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE PUBLIC FINANCING AUTHORITY OF THE CITY OF CHULA VISTA July 10, 2001 6:00 P.M. Adjourned Regular Meetings of the City Council and Redevelopment Agency and a Special Meeting of the Public Financing Authority of the City ofChu1a Vista were called to order at 6:47 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California. ROLL CALL PRESENT: Agency/Authority/Councilmembers Davis, Padilla, Rindone, Salas, and Chair/Mayor Horton ABSENT: Agency/ Authority/Councilmembers: None ALSO PRESENT: Executive Director/City Manager Rowlands, Agency/Authority/ City Attorney Kaheny, City Clerk Bigelow CONSENT CALENDAR I. APPROVAL OF MINUTES Staffrecommendation: Redevelopment Agency approve the minutes of June 5, 2001 and June 12,2001; the Agency and City Council approve the minutes of June 19,2001; and the Agency, Council and Public Financing Authority approve the minutes of August 15, 2000. ACTION: Mayor Horton moved to approve the Consent Calendar. The motion carried 5-0, except for (I) the minutes of August 15, 2000, were approved 4-0-1, with Councilmember Rindone abstaining due to the fact that he was not a member at that time; (2) the minutes of June 5, 2001, were approved 4-0-1, with Deputy Mayor Davis abstaining since she was absent at the meeting; and (3) the minutes of June 12, 2001, were approved 4-0-1, with Councilmember Padilla abstaining since he was absent at the meeting. ORAL COMMUNICATIONS There were none. At 6:49 p.m., Mayor Horton recessed the meeting. She reconvened the meeting at 6:59 p.m.; all members were present. /-.;2.... PUBLIC HEARINGS Items #2, #3, and #4 were considered jointly. 2. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA DETERMINING AND DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY LOCATED AT 362-398 "F" STREET, CHULA VISTA, CALIFORNIA FOR THE CONSTRUCTION OF THE CITY'S POLICE HEADQUARTERS AND AUTHORIZING THE COMMENCEMENT OF CONDEMNATION PROCEEDINGS BY OUTSIDE COUNSEL TO ACQUIRE SAID PROPERTY The existing police headquarters is significantly undersized and does not meet the needs of the Police Department today. It was detennined that the existing facility could not be retrofitted or expanded to meet the current or future needs of the department, and that it was necessary to locate the new headquarters facility off-site. After a number of sites were reviewed, it was recommended that the facility be built on the commercial property located at 362-398 F Street, immediately to the southeast of the Civic Center. Eminent domain proceedings may be necessary in order to timely clear all tenant claims to allow for construction of the oolice facility. (Assistant City Manager Morris) 3. CONSIDERATION OF ADOPTION OF MITIGATED NEGATIVE DECLARATION IS-Ol-O17 AND ITS ASSOCIATED MITIGATION MEASURES AND APPROVAL OF THE CIVIC CENTER AND POLICE HEADQUARTERS MASTER PLANS The City has experienced significant growth and is projected to reach a build-out population of over 275,000 within the next two decades. The existing Civic Center complex, which includes the police headquarters, can no longer accommodate the staff required to service the current population or that of the future. On August I, 2000, Council approved an agreement with Highland Partnership, Inc. to prepare a Civic Center Complex Master Plan and a Police Facility Master Plan. (Assistant City Manager Morris) a. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY ADOPTING MITIGATED NEGATIVE DECLARATION IS-OI-017 AND ITS ASSOCIATED MITIGATION MEASURES AND MONITORING PROGRAM FOR THE CIVIC CENTER MASTER PLAN AND THE POLICE HEADQUARTERS MASTER PLAN b. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE CIVIC CENTER MASTER PLAN FOR THE EXPANSION OF THE EXISTING CIVIC CENTER IN TOWN CENTRE II REDEVELOPMENT AREA. c. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING THE POLICE HEADQUARTERS MASTER PLAN FOR THE CONSTRUCTION OF THE NEW POLICE HEADQUARTERS AT THE COMMERCIAL CENTER SITE WITHIN THE TOWN CENTRE I REDEVELOPMENT PROJECT AREA Page 2 Council/RDA/Public Finance Authority Minutes (-.3 07/10101 PUBLIC HEARINGS (Continued) 4. PUBLIC HEARING PURSUANT TO SECTION 33445 AND 33679 OF THE COMMUNITY REDEVELOPMENT LAW RESPECTING USE OF REDEVELOPMENT AGENCY FUNDS FOR THE ACQUISITION OF LAND FOR THE INSTALLATION AND CONSTRUCTION OF A PUBLICLY OWNED FACILITY Highland Partnership, Inc. was hired by the City to prepare the Police Facility Master Plan, including the program and conceptual design for the police headquarters. Highland conducted an extensive site analysis, which culminated in the recommendation to locate the police facility at the commercial site at 362-398 F Street, across from the City's main library. It was believed that the commercial site best met the overall standards of law enforcement and goals for the provision of consolidated government. (Assistant City Manager Morris) a. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA I) RATIFYING THE EXECUTION OF A PURCHASE AND SALE AGREEMENT BETWEEN CITY OF CHULA VISTA REDEVELOPMENT AGENCY AND CHULA VISTA CENTER, A CALIFORNIA CORPORATION, FOR ACQUISITION OF PROPERTY LOCATED AT 362-398 "F" STREET REQUIRED TO CONSTRUCT THE CITY OF CHULA VISTA POLICE HEADQUARTERS FACILITY; AND 2) AMENDING THE BUDGET FOR THE REDEVELOPMENT AGENCY BY APPROPRIATING $4,786,210 FROM THE PROCEEDS OF THE 2000 TAX ALLOCATION BOND ISSUE IN THE MERGED PROJECT AREA FOR THE REPAYMENT OF OUTSTANDING ADVANCES TO THE BAYFRONT-TOWN CENTRE I PROJECT AREA, AND APPROPRIATING THE SAME AMOUNT IN THE BAYFRONT-TOWN CENTRE I PROJECT AREA TO THE POLICE FACILITY CAPITAL PROJECT FOR PROPERTY ACQUISITION COSTS b. JOINT RESOLUTION OF THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA: I) WAIVING THE COMPETITIVE CONSULTANT SELECTION PROCESS; 2) AUTHORIZING A CONSULTANT CONTRACT WITH PACIFIC RELOCATION CONSULTANTS FOR $60,000 TO PROVIDE RELOCATION SERVICES FOR THE NEW DOWNTOWN POLICE FACILITY; AND 3) AMENDING THE BUDGET FOR THE REDEVELOPMENT AGENCY BY APPROPRIATING $500,000 FROM THE PROCEEDS OF THE 2000 TAX ALLOCATION BOND ISSUE IN THE MERGED PROJECT AREA FOR THE REPAYMENT OF OUTSTANDING ADVANCES TO THE BAYFRONT- TOWN CENTRE I PROJECT AREA, AND APPROPRIATING THE SAME AMOUNT IN THE BA YFRONT -TOWN CENTRE I PROJECT AREA TO THE POLICE FACILITY CAPITAL PROJECT FOR THE CONSULTANT CONTRACT AND FOR TENANT RELOCATION COSTS Page 3 CouncillRDNPublic Finance Autbority Minutes /-Y- 07/10/01 PUBLIC HEARINGS (Continued) Notice of the hearings was given in accordance with legal requirements, and the hearings were held on the date and at the time specified in the notice. Councilmember Rindone abstained £Tom discussion on this item due to the location of his residence in proximity to the Civic Center. He left the dais at 7:02 p.m. Ian Gill of Highland Partnership summarized the four phases of the proposed Civic Center Master Plan. Pat McKelvey of RNL Design presented an overview of the Civic Center Master Plan's goals and objectives, including space needs; an existing facility assessment; the master site and floor plans; energy conservation measures; the construction phasing plan; and the budget and schedule for implementation. Chair/Mayor Horton opened the public hearings on Items #2, #3, and #4. There being no members of the public wishing to speak, she continued the hearings to the meeting of July 17, 2001. Councilmember Rindone returned to the dais at 7:34 p.m. ACTION ITEMS 5. CONSIDERATION OF ADOPTION OF RESOLUTIONS APPROVING THE REPORTS OF THE ASSESSMENT ENGINEER AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRICTS NOS. 2001-1 AND 2001- 2; AUTHORIZING AND PROVIDING FOR THE ISSUANCE OF LIMITED OBLIGATION REFUNDING BONDS FOR REASSESSMENT DISTRICTS NOS. 2001-1 AND 2001-2; APPROVING AS TO FORM THE BOND INDENTURE AND ACQUIRED OBLIGATIONS PURCHASE AGREEMENT, AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH; AND AUTHORIZING THE ISSUANCE OF REFUNDING REVENUE BONDS, APPROVING AS TO FORM THE INDENTURE OF TRUST, BOND PURCHASE CONTRACT, ACQUISITION OBLIGATIONS PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND CONTINUING DISCLOSURE AGREEMENT, AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH On February 27, 2001, the City Council approved a resolution making preliminary determinations and declaring its intention to issue bonds to refund the outstanding improvement bonds issued for several assessment districts, ordering a report thereon, and approving contracts with bond counsel and underwriting firms. The Council is now being asked to approve the reassessment reports, confirm the reassessments, authorize the sale of refunding bonds to the Authority, and approve other related documents and actions. The Authority is being asked to authorize the sale of bonds for the purpose of purchasing the refunding bonds of the City, and to approve other related documents and actions. All of the actions are recommended with the sole purpose of achieving savings in annual assessments for property owners within the subject districts. (Deputy City Manager Powell) Page 4 CouncillRDAIPublic Finance Authority Minutes I-~ 07/10/01 ACTION ITEMS (Continued) Deputy City Manager Powell commented on the use of assessments districts and community facilities districts for infrastructure financing in the newly developing portions of the City and on the fact that the recommended actions will achieve savings in annual assessments for property owners within the districts. ACTION: Mayor Horton offered the following resolutions, headings read, texts waived: a. RESOLUTION NO. 2001-211, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEER AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRJCT NO. 2001-1 b. RESOLUTION NO. 2001-212, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE REPORT OF THE ASSESSMENT ENGINEER AND CONFIRMING REASSESSMENTS WITHIN REASSESSMENT DISTRJCT NO. 2001-2 c. RESOLUTION NO. 2001-213, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORJZING AND PROVIDING FOR THE ISSUANCE OF LIMITED OBLIGATION REFUNDING BONDS FOR REASSESSMENT DISTRJCT NO. 2001-1, APPROVING AS TO FORM THE BOND INDENTURE AND ACQUIRED OBLIGATIONS PURCHASE AGREEMENT, AND AUTHORIZING OTHER ACTIONS IN CONNECTION THEREWITH d. RESOLUTION NO. 2001-214, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORJZING AND PROVIDING FOR THE ISSUANCE OF LIMITED OBLIGATION REFUNDING BONDS FOR REASSESSMENT DISTRJCT NO. 2001-2, APPROVING AS TO FORM THE BOND INDENTURE AND ACQUIRED OBLIGATIONS PURCHASE AGREEMENT, AND AUTHORJZING OTHER ACTIONS IN CONNECTION HEREWITH e. RESOLUTION NO. PF A 4 , RESOLUTION OF THE BOARD OF DIRECTORS OF THE CHULA VISTA PUBLIC FINANCING AUTHORJTY AUTHORJZING THE ISSUANCE OF REFUNDING REVENUE BONDS, APPROVING AS TO FORM THE INDENTURE OF TRUST, BOND PURCHASE CONTRACT, ACQUISITION OBLIGATIONS PURCHASE AGREEMENT, PRELIMINARY OFFICIAL STATEMENT, AND CONTINUING DISCLOSURE AGREEMENT, AND AUTHORJZING OTHER ACTIONS IN CONNECTION THEREWITH The motion carried 5-0. Page 5 CouncillRDA/Public Finance Autbority Minutes /- ~ 07/10/01 OTHER BUSINESS 6. DIRECTOR'S REPORTS There were none. 7. CHAIR/MA YOR REPORTS There were none. 8. AGENCY/AUTHORITY/COUNCIL COMMENTS There were none. CLOSED SESSION 9. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8 a. Property: Assessor Parcel Nos. 568-270-03; 568-270-11 (approximately 2.85 acres located at the southeast comer of Fourth Avenue and F Street) Negotiating Parties: City Council/Redevelopment Agency (Sid Morris/Chris Salomone) and Chula Vista Center (Robert Caplan) Under Negotiations: Price and terms for acquisition No reportable action was taken. b. Property: Assessor Parcel Nos. 568-270-10 (315 Fourth Avenue) Negotiating Parties: City Council (Sid Morris/Chris Salomone) Under Negotiations: Lease terms No reportable action was taken. 10. INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) Possible challenge to California Energy Commission (CEC) approval of RAMCO Peaker Plant, Unit No.2 No reportable action was taken. ADJOURNMENT At 9:00 p.m., ChairlMayor Horton adjourned the meetings. Respectfully submitted, ~~~ Susan Bigelow, CMC/AAE, City Clerk Page 6 CouncillRDAlPublic Finance Autbority Minutes 1- '7 07/10/01 REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: ;L- MEETING DATE: 07/24/01 ITEM TITLE: AGENCY RESOLUTION APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE DEVELOPMENT OF THE PROPERTY AT 590 K STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AND APPROPRIATING $50,000 FROM THE UN- APPROPRIATED BALANCE OF THE MERGED PROJECT FUND FOR THIS PURPOSE SUBMlnED BY: COMMUNITY DEVELOPMENT DIRECTOR U\-~ ts REVIEWED BY: EXECUTIVE DIRECTOR 4/STHS VOTE: YES [2]NO D BACKGROUND The Chula Vista Elementary School District is constructing an elementary charter school at the vacant property located at Broodway and Sierra Way. The property includes several parcels, which were formerly used as a nursery. The proposal includes the construction of classroom space for approximately 600 students, administrative office space, ond the associated outdoor spaces. Since the project is the construction of classroom space, the design plans were reviewed and processed through the Office of the State Architect. However, City staff reviewed the plans for issues under the City's review authority and determined that improvements needed to be done on Sierra Way for health and safety reasons. The proposed school construction requires the dedication of land and the construction of street improvements along Sierra Way. The District has requested the Agency to assist financially with the installation of the improvements. A preliminary estimate shows that the total cost of the improvements toward which the City would contribute range between $70,000 and $100,000. The Owner Participation Agreement calls for a contribution of 50% of the improvements cost, which would ronge between $35,000 and $50,000. The Agreement, providing for the financial assistance to cover the cost of the Sierra Way street improvements and containing other provisions, has been completed and is being presented to the Agency for consideration. Staff is requesting an appropriation for the potentially maximum amount of $50,000 that could be needed to cover the cost invoices. If the actual amount is less, the remainder will go back to fund balance. The District Board approved the OPA at its meeting of July 17, 2001. RECOMMENDATION That the Agency adopt the resolution approving the Owner Participation Agreement with the Chula Vista Elementary School District in the form presented here and appropriating $50,000 ~- ( PAGE 2, ITEM NO.: MEETING DATE: 07/24/01 from the unappropriated balance of the Merged Proiect Fund to ossist in the construction of the street improvements along Sierra Way. BOARDS/COMMISSIONS RECOMMENDATION Not Applicable DISCUSSION Proiect Site In 1998, the Chula Vista Elementary School District acquired the 5.75-acre site formerly occupied by the S & M Nursery. The site is composed of six parcels, which front on Broadway and Sierra Way; an additional parcel fronts on and provides access to K Street. The site is relatively level, but higher than street level at its frontage with Sierra Way where there is a grade differential of approximotely four feet. Also, Sierra Way is currently developed to its half width, requiring the dedication and improvement of its northern half. The site is bounded to the north by K Street and automobile service facilities; to the east by single-family residences; to the south by Sierra Way, single-family residences, and a funeral home; to the west by Broadway and a variety of commercial uses. Proiect Proposal The proposal involves the construction of approximately 48,000 square feet of classroom space to accommodate approximately 600 K-6 grade students. It will also include an administrative building (2,880 sq. ft.), a multi-purpose room (8,160 sq. ft.) with kitchen and stage, a library (3,840 sq. ft.) with a computer/media lab, and a science classroom/lab. The classroom space will be distributed as follows: . 24 classrooms with an individual area of 960 square feet; . 4 Kindergarten rooms with an individual area of 1,440 square feet; . A pre-school/day care center with an area of 1,440 square feet; . Science classroom/lab will have an area of 1,440 square feet. The classrooms will be constructed of steel moment framed modules with Glass Fiber Reinforced Concrete panels. These modules will be used as building blocks to create one and two-story classroom structures and other facilities, which will be arranged around a plaza and courtyards to accommodate a town or village atmosphere. The structures will be built off-site and transported to the school site for final installation. The District is working in the implementation of this project with a team composed of 3D/I, a consultant firm, The Steinberg Group, the architectural firm, and Cypress Modular and Eco Building Systems, the construction company. The District's goal is to implement a prototype design and construct the project for an innovative Charter School program, which may serve as a model for future charter and public school facilities. .;2 - d--- PAGE 3, ITEM NO.: MEETING DATE: 07/24/01 Off-site Improvements As part of the construction of the school, the District will provide the needed street improvements along Sierra Way in front of the school's property, as well as other minor improvements an Broadway and K Street. Because the District's property was used as a nursery until recently and the owners had not dedicated the land necessary for street widening, Sierro Way is improved for only half of its south width. The northern half of the street is still within the District's property and separated from Sierra Way by a slope approximately four feet high. The District will be granting the City the 15 feet of land as dedication for the widening. In addition, the District will provide the street improvements, which include sidewalk, curb, gutter and pavement. On K Street, the District will construct two driveways, which will provide direct access to the parking lot. This will require the relocation of a power pole, which is currently over the proposed driveway. On Broadway, there will be a clean-out manhole, which will connect to the sewer line and will facilitate the cleaning of the pipes by City crews. Owner Participation Aareement The Owner Participation Agreement being presented to the Agency for consideration tonight is a result of City and District's staff's discussions related to the off-site improvements described in the previous paragraph. Originally, the District plans did not include the widening and improvement of Sierra Way. After further review and discussion of the street conditions, the District agreed to undertake the necessary improvements. However, since the District had not contemplated the improvements in the project's budget, there were not sufficient funds to cover the additional work. The District requested that the City assist in the funding of the street improvements. The Agreement being presented to the Agency proposed to assist the project on a 50/50 level. According to District staff and based on the plans they prepared, the cost of the street improvements ranges between $70,000 and $100,000. If the Agency approves the 50/50 arrangement, the Agency's contribution toward the project will be between $35,000 and $50,000. As part of this work, the District will construct two items considered the City's responsibility, which include the construction of several handicap ramps on the south side of Sierra Way to be built in compliance with ADA. The other item is the installation of the clean-out manhole on Broadway, which is necessary for City staff to have easier access to it without having to get into the District's on-site facilities. The District will do the all the work as part of the project in order to take advantage of economies of scale; the City will reimburse the District for the cost of the improvements once the work is done, inspected, and accepted by City staff. Redevelopment Law Findings California Health and Safety Code Section 33445 requires that the Redevelopment Agency make certain findings when the Agency is paying for all or part of the cost of the installation of street improvements, such as those of the Sierra Way case. Said findings are included and made in the resolution that is being presented to the Agency for approval. These findings are the following: d -3 PAGE 4, ITEM NO.: MEETING DATE: 07 /24/01 . That the improvements are of benefit to the project areo or the immediote neighborhood; . Thot there are no other reasonable means of financing the street improvements; . That the payment of funds for the street improvements will assist in the elimination of one or more blighting conditions inside the project area. The financial contribution the Agency IS making toward the construction of the street improvements on Sierra Way meets the requirements above and the intent and purpose of the Redevelopment Law as follows: . The improvements will benefit the project area because they will improve a substandard street and remove a safety hazard. . The School District staff have indicated they do not have sufficient funds budgeted for this project and therefore require the financial assistance of the Redevelopmènt Agency. . The partial payment toward the construction of the street improvements along Sierra Way will provide the missing and needed sidewalks, curbs, and gutters along Sierra Way and will provide for the convenient and safe circulation for pedestrians and automobiles. FISCAL IMPACT The Agency's contribution toward the construction of the off-site improvements will range between $35,000 and $50,000. If approved by the Agency, this amount will be appropriated from the unappropriated balance of the Agency's Merged Project Fund. Currently, there are no funds allocated for this project, therefore an appropriation is necessary. ATTACHMENTS Agreement with: Locator Map Design Plans [File, j,\COMMDEV\STAFF.REP\07-24-01\Elementary Charter Schaal Report.doc 07/0212001 6,00 PM] c2-Ý RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING AN OWNER PARTICIPATION AGREEMENT WITH THE CHULA VISTA ELEMENTARY SCHOOL DISTRICT FOR THE DEVELOPMENT OF THE PROPERTY AT 590 K STREET LOCATED WITHIN THE SOUTHWEST REDEVELOPMENT PROJECT AREA AND APPROPRIATING $50,000 FROM THE UN-APPROPRIATED BALANCE OF THE MERGED PROJECT FUND FOR THIS PURPOSE WHEREAS, the District is proposing to build The Chula Vista Learning Community Charter School with a capacity for approximately 600 students ("Project") at certain real property owned by the District located at Broadway and Sierra Way in Chula Vista, California ("Property"); and WHEREAS, the property is located within the SOUTHWEST REDEVELOPMENT PROJECT AREA ("Project Area") which is subject to the jurisdiction and control of the Agency; and, WHEREAS, the development of the Property with the Project is consistent with the Redevelopment Plan for the Project Area and will assist in the elimination of blight by improving a vacant parcel and providing needed classroom capacity in an underserved area; and WHEREAS, the Project includes the construction of certain street improvements along Sierra Way, which will widen and improve the Sierra Way segment in front of the proposed Charter School and will therefore remove a safety hazard; and WHEREAS, the Chula Vista Elementary School District has indicated it does not have the sufficient funds budgeted for this part of the Project and has requested the financial assistance from the Redevelopment Agency; and WHEREAS, subject to the terms and conditions of this Agreement, the Agency desires to facilitate the Project by funding a portion of the public improvement costs to assure that the construction of Project related infrastructure conforms with City standards and maximizes the integration of the Project with the surrounding area; and WHEREAS, the Agency has determined that Agency financial assistance is necessary to the Project and no reasonable alternative means of funding exists for the Project; and WHEREAS, the Agency has determine that its financial assistance to the Project will contribute to the removal of blighting influences and safety hazards. NOW, THEREFORE, BE IT RESOLVED that, based on the facts stated above, the Redevelopment Agency of the City of Chula Vista hereby makes the following findings: 1. The proposed Project and necessary street improvements along Sierra Way are of benefit to the Project Area and the immediate neighborhood; and 2. There are no other reasonable means of financing the necessary street improvements along Sierra Way; and ~-~- 3. The Agency's contribution toward the cost of the street improvements along Sierra Way will assist in the elimination of blighting influences and will remove safety hazards within the Project Area. BE IT FURTHER RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby appropriates $50,000 from the un-appropriated balance of the Merged Project Fund to assist the construction of the necessary street improvement along Sierra Way as part of the construction of the Elementary Charter School at 590 K Street within the Southwest Redevelopment Project Area. Presented by Approved as to form by J~~~/~ Chris Salomone Director of Community Development Agency Attorney J:ICOMMDEVIRESOSIElementary Charter School on Broadway.doc d-~ Recording Requested By: REDEVELDPMENT AGENCY DF THE CITY DF CHUlA VISTA 276 Fourth Avenue Chula Vista, CA 9191D When Recorded Mail To: REDEVELDPMENT AGENCY OF THE CITY OF CHUlA VISTA 276 Fourth Avenue Chula Vista, CA 9191D Attn: Community Development Director (Space Above This line For Recorder) DWNER PARTICIPATION AGREEMENT FOR THE CHULA VISTA LEARNING COMMUNITY CHARTER SCHOOL This OWNER PARTICIPATION AGREEMENT FOR THE CHULA VISTA LEARNING COMMUNITY CHARTER SCHOOL ("Agreement") is hereby made and entered into and effective as of July 24, 2001 by and between THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA ¡"Agency"1276 Fourth Avenue, Chula Vista, CA 91910 and the CHULA VISTA ELEMENTARY SCHOOL DISTRICT ¡"District") 84 E. J Street, Chula Vista, CA 91910, with reference to the following facts: WITNESSETH: WHEREAS, the District is proposing to build The Chula Vista Learning Community Charter School with a capacity for approximately 600 students ("Project") at certain real property owned by the District located at Broadway and Sierra Way in Chula Vista, California ("Property"); and WHEREAS, the property is located within the SOUTHWEST REDEVELDPMENT PRDJECT AREA ("Project Area"); and, WHEREAS, the development of the Property with the Project is consistent with the Redevelopment Plan for the Project Area and will assist in the elimination of blight by improving a vacant parcel and providing needed classroom capacity in an underserved area; and WHEREAS, subject to the terms and conditions of this Agreement, the Agency desires to facilitate the Project by funding a portion of the public improvement costs to assure that the construction of Project related infrastructure conforms with City standards and maximizes the integration of the Project with the surrounding area; and WHEREAS, the Agency has determined that Agency financial assistance is necessary to the Project and no reasonable alternative means of funding exists for the Project. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants contained herein, the Agency and District agree as follows: 1. The Property to be developed is more particularly described as Assessor's Parcel Numbers 572.270.03, 04, 05, 45, 55, 60 and 61 located at 590 K Street, in Chula Vista, California, shown on locator map attached hereto as Exhibit "A" and by this reference incorporated herein. .;2-7 2. Proiect Conditions. District shall develop the Property with the Project in accordance with the plans and specifications attached hereto as Exhibit "B" and incorporated herein by this reference. Such plans and specifications shall incorporate the following project elements: a. Access for drop off and pick up of students via Broadway through the site with egress onto K Street. Alley improvements shall be a minimum 24 feet for two way access. Alley entrance at Broadway to be enhanced to City standards. b. Dedication of 15 feet of right-of-way along the southern boundary of the Property improvements along Sierra Way. Street improvements will consist of thirteen (13) feet of street widening and five feet of curb, gutter, and sidewalk improvement. c. Dedication of 28 feet of right-of-way along the District.owned parcel immediately to the west of the Property (the "Adjacent Parcel") along Sierra Way. Required street improvements on the Adjacent Parcel shall at least consist of those improvements described in Section 2.b above, however, full widening to city standards to this road segment may be done at District's election to avoid the need to do additional work in the future at such time the Adjacent Parcel is developed. d. Alignment of the proposed driveway closest to the intersection of K Street and Broadway with Beech Avenue- The Agency shall cooperate with District to facilitate the necessary utility pole relocation, however, all relocation costs shall be the sole responsibility of the District. e. Improvement plans for Sierra Way shall be prepared on City-approved forms. Utility connections and driveways may be submitted in District form. The design of all Project public improvements shall be in accordance with City standards and shall include sufficient detail to allow the City Engineer review and approval. f. District shall comply with the mitigation measures contained in Mitigated Negative Declaration No. 2000-01.140 adopted by the District on April 24, 2001. The parties acknowledge and agree that these conditions relate to the operation of the Project with a student population of not more than 600 students, and do not address the development of the District parcel to the west of the Property. Any material increase in school attendance or adjacent development would require additional environmental review and may require additional mitigation measures- 3. Public Improvements. a. Prior to opening the Project for operations, District shall construct road improvements on Sierra Way ("Road Improvements") in accordance with the plans and specifications attached hereto as Exhibit "C' and incorporated herein by this reference- In order to assure that the Project is developed in a manner consistent with the public health, safety and welfare, Agency shall contribute 50% of the district's out- of-pocket costs for the design and construction of the Road Improvements. For purposes of determining the Agency contribution, the Road Improvements shall not include the westerly 1 DO feet of improvements on Sierra Way which shall be constructed at the sole cost and expense of District, or the road repairs and pedestrian ramps on the south side of Sierra Way, which shall be the sale cost and expense of the City. The current cost estimates for the work are as range between $70,000 and $100,000. Any costs overruns for qualified Road Improvements shall be shared equally by District and Agency. Qualified costs shall include the costs for labor and materials bonds which shall be provided in forms and amounts approved by the City. The Road Improvement work shall be bid out and contracted for by the ~istrict in accordance with applicable ~istrict procedures and prevailing wage requirements. The work shall be subject to City inspection and approval. City and ~istrict shall exercise best efforts to coordinate City J-~ and Department of State Architect inspections of the work so as to facilitate the timely completion of the Project. b. Agency shall be responsible for the incremental cost of installing a clean.out and manhole access at the connection of the Project's lateral storm drain with the standard City storm drain trunk on Broadway. The current incremental cost estimate for this item is approximately $2,000 above and beyond the cost of a standard lug connection. c. Agency's contributions under this Section 3 shall be due and payable to District upon the completion and City acceptance of the public improvements and the Project contractor's submittal and City approval of work invoices. 4. Comoliance with Laws. District shall obtain all necessary federal, state and local governmental permits and approvals and abide by all applicable federal and state laws, regulations, policies and approvals in connection with the development and operation of the Project. 5. Maintenance. Throughout the term of this Agreement, District shall, at District's sole cost and expense, maintain the Property which includes all improvements thereon in first class condition and repair, and in accordance with all applicable laws, permits, licenses and other governmental authorizations, rules, ordinances, orders, decrees and regulations now or hereafter enacted, issued or promulgated by federal, state, county, municipal, and other governmental agencies, bodies and courts having or claiming jurisdiction and all their respective departments, bureaus, and officials. First class condition and repair, means in an efficient and attractive condition, at least substantially equal in quality to the condition which exists when the Project has been completed, normal wear and tear excepted, in accordance with all applicable laws and conditions. Upon acceptance by the City, the City shall be responsible for the ongoing maintenance of the Road Improvements (including improvements to the District's adjacent parcel) in accordance with City standards. District shall remain responsible for design and construction defects during the normal warranty period. 6. Covenants Run with the Land. Agency and District agree that the burdens and covenants of the District expressed herein shall run with the land. Agency and District agree that the covenants of the District expressed herein are for the express benefit of the Agency and for all owners of real property within the boundaries of the Project Area as the same now exists or may be hereafter amended. Agency and District agree that the provisions of this Agreement may be specifically enforced in any court of competent jurisdiction by the Agency on its own behalf or on behalf of any owner of real property within the boundaries of the Project. Except for the Agency, however, no owner of real property within the boundaries of the Project shall have the right to enforce any of the provisions of this Agreement independently. 7. Indemnitv. To the extent allowed by law, District shall and does hereby agree to indemnify, protect, defend and hold harmless Agency and the City of Chula Vista, and their respective Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and reasonable attorneys' fees (collectively, "liabilities") incurred by the Agency arising, directly or indirectly, from District's construction and operation of the Project (including the Road Improvements) permitted hereby; provided, however, District's indemnity obligation hereunder shall not apply to liabilities arising from the City's negligence or willful misconduct in connection with its maintenance of the Road Improvements. 8. General Provisions. a. Agency and District agree that this Agreement may be recorded by the Agency in the Office of the County Recorder of San Diego County, California. d - 9 b. In the event of any dispute between the parties with respect to the obligations under this Agreement that results in litigation, the prevailing party shall be entitled to recover its reasonable attorney's fees and court costs from the non-prevailing party- c. This Agreement may be executed in counterparts, which together shall constitute one and the same instrument. d- Time is of the essence for each and every obligation hereunder. e. The parties agree to perform such further acts and to execute and deliver such additional documents and instruments as may be reasonably required in order to carry out the provisions of this Agreement and the intentions of the parties. f. The parties acknowledge and agree that the provisions of the Agreement related to the Property and the Project only, and are not intended to alter or constitute either party's interpretation of applicable laws relating to each party's jurisdiction over similar properties or projects. Signature Page Follows d- -(0 Signature Page to Owner Participation Agreement for The Chula Vista Learning Community Charter School IN WITNESS WHEREDF THE PARTIES HAVE ENTERED INTD THIS AGREEMENT EFFECTIVE AS DF THE DATE FIRST WRITTEN ABOVE. Agency: REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA By: Shirley Horton, Chairman District: CHULA VISTA ELEMENTARY SCHOOL DISTRICT ~ NOTARY: Please attach acknowledgment card. APPROVED AS TO FORM BY: John M. Kaheny, Agency Attorney School District Attorney [FILE: J:IHOMEICOMMDEVlTAPIAlopalmoulAgÅ“ement witl1 Elementary School DistJictdoc (July 18, 2001 3:08 PM)) c2-(( CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT No. 5907 State of California County of San Diego On 7-17-01 before me, Yolanda Sierra - Notary Public DATE NAME. TITLE OF OFFICER. E.G, 'JANE DOE. NOTARY 0'_6L1C" personally appeared Dr. Lowell Billings NAMEIS) OF SIGNERIS) ~ personally known to me - OR - 0 proved to me on the basis of satisfactory evidence to be the person(.s1' whose name(.s1 is/-are- subscribed to the within instrument and ac- knowledged to me that he/~ executed the same in hisil:¡.e1'ft.RciT authorized capacity(J.e.s-), and that by hisß1.eT/t.I:te+r signature(sf on the instrument the person{st; or the entity upon behalf of which the person(.s1' acted, executed the instrument. ~~ ~ - - - - - - - - - - J YOlANDA SIERRA - Commission # 1186600 ~ Notary Public - CalifanJa f 1 San DIego County f C - - - ~_~m~~~l~~:::9 Ül1C~ ~ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTIDN OF ATTACHED DOCUMENT 0 INDIVIDUAL 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLEIS) 0 PARTNER(S) 0 LIMITED 0 GENERAL 0 ATTORNEY-IN-FACT NUMBER OF PAGES 0 TRUSTEE(S) 0 GUARDIAN/CONSERVATOR 0 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONIS) OR ENTITYIIES) SIGNER(S) OTHER THAN NAMED ABOVE "'993 NATIONAL NOTARY ASSOCIATION' 8236 Remmel Ave.. P.O. Bo, 7184' Caocça Pack, CA 91309-7184 ~-I.;;L CHULA VISTA HIGH SCHOOL ~ Project Locat" Project Addressl~ ~~,P ~roJect Applica~t: C2V K Street reject Description: 'c:JI~~ae~\~i gchOOI District ommunity Charter School .s.' ft. ,.n: d- - /3 CHln ~A EXHIBIT B j L BROADWAY .-.- .-.-. - .-.-. -.-.-. -.-. -.-. -.-. -.-. -. -. -.-. -.-. -.- .-.-.-.-.-.-. -.-. -.-.-.-. -. -. -. -. -.- .-.- .-. ~ ! I I i i I [ i i i i i i i i i i i i i i i i i i [þ<{ i I~ i i i i i i i i i ~ . 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REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM NO.: .3 MEETING DATE: 7/24/01 ITEM TITLE: RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. (RSG) TO ANALYZE THE FEASIBILITY OF AMENDING THE TOWN CENTRE I AND II, SOUTHWEST, OTAY VALLEY ROAD, AND BAYFRONT REDEVELOPMENT PLANS TO EXTEND THE LIFE OF THE PROJECT AREAS, IMPROVE THEIR FINANCIAL ABILITY TO UNDERTAKE NECESSARY PROJECTS, AND ANALYZE THE POTENTIAL FOR ADDING NEW TERRITORY SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR ~~ C;s REVIEWED BY: EXECUTIVE DIRECTOR 4/5THS VOTE: YESDNO0 BACKGROUND Amendment of the Town Centre I and II, Southwest, atay Valley Road and Bayfront Redevelopment Plans are among the priority work items for Community Development staff this fiscal year. The purpose of the amendments is to continue blight elimination activities by extending the life of the project areas, improving their financial ability to undertake necessary projects, and analyzing the potential for adding additional blighted territory. Timing of fhe amendments is important, with several plans facing significant milesfones and expiration dates under Redevelopment law. Community Development had previously identified that this redevelopment plan amendment analysis would be beneficial for the future fiscal health of the City and Agency. As such, the current year Agency budget includes $200,000.00 for this analysis. The following report discusses the proposed amendments, consultant selection process, and staWs recommendation for award of contract to Rosenow Spevacek Group, Inc. RECOMMENDATION That the Redevelopment Agency adopt the attached Resolution approving consultant contract with Rosenow Spevacek Group, Inc. in the amount of $192,175.00 to provide redevelopment plan amendment consulting services. BOARDS/COMMISSIONS RECOMMENDATION Not applicable. ,3-( PAGE 2, ITEM NO.1 MEETING DATE I 07/24/01 DISCUSSION The Agency has been successful with a number of redevelopment activities. The affect of these activities has been fo attract new commercial, industrial, and residential developments into the redevelopment project areas. This has acted to eliminate significant blight in a number of the Cily's older communities, including Town Centre, Southwest, and Otay Valley Road. These efforts have also resulted in increased funding, which has enabled additional redevelopment activities to occur. By extending the redevelopment project area boundaries, additional older areas of the Cily that are determined to be blighted could benefit from the Agency's current redevelopment successes. The Agency had previously merged the financial resources of Bayfront and Town Centre I Redevelopment Project Areas and, last year, merged the financial resources of Town Centre II, Southwest, and Otay Valley Road Project Areas as part of the Agency's adopted Financial Plan and 2000 Tax Allocation Bonds. However, the respective Redevelopment Plans themselves have remained separate. Thus, the Redevelopment Plans will be assessed to determine if there would be beneficial implications by further merging the existing Redevelopment Project Areas. The formation and role of Project Area Committees would also be considered in the analysis of the existing Plans. There is legislation pending that may have further implications on the plan amendment process. A number of these bills are designed to address the time limit restrictions for incurring indebtedness and repaying debt that were put in place in 1994 through the adoption of AB-1290. The progress of these measures will be followed closely to determine their impact, both positive and negative, to the Agency. In addition to potentially expanding the redevelopment project area boundaries and merging one or more of the redevelopment plans beyond their current financial mergers, specific amendments are proposed at this time, including the following: Town Cenfre I (Adopted in 1976) . Assess the feasibilily of extending the time limitation on debt issuance. Town Cenfre /I (Adopfed in 1978) . Assess the feasibilily of extending the time limitation on debt issuance. . Assess the re-establishment of authorily to use eminent domain on non-residential property. Soufhwesf (Adopfed in 1990) . Assess extending the time limitation for the use of eminent domain in the Project Area. Otay Valley Road (Adopfed in 1983) . Consider revising the name of the Project Area. (Otay Valley Road was renamed Main Street last year.) 3-d- PAGE 3, ITEM NO.1 MEETING DATEI 07/24/01 Bavfront (Adopfed in 1974) . Assess the feosibility of extending the time limitation on debt issuance. Redevelopment plan amendments require considerable research and extensive preparation of documents, reports, and notices in compliance with state law, as well as coordination with the various taxing entities. Amendmen1s also require a number of public hearings and community meetings. As a result, there is an extensive need for staffing resources, as well as a limited time period in which this process must occur in order to extend the upcoming expiration dates associated with the current redevelopment plans. Further, due to the recent changes in community redevelopment law concerning eligibility criteria for determining blight, specialized expertise is also required. Staff therefore recommends that a consultant with the appropriate expertise and ability to complete the effort within an established time frame be retained. Consultant Selection Process A request for proposal for the preparation of amendmen1s was sent to 18 professional consulting firms. Three firms responded: Keyser Marston Associates, Inc., Rosenow Spevacek Group, Inc., and Urban Futures, Inc. All are respected consultants in the redevelopment field. On May 21,2001, a selection panel consisting of two Community Development staff members, one City Planner, and one Senior Accountant interviewed the three consultant teams. The consultant's approach to the plan amendment process, particularly blight analysis, experience, and schedule were considered in the selection process. Fees were also considered; however, the actual process, including recommendations on how much territory to be added and the extent to which the plans should be amended, is considered tentative until completion of the Feasibility Study. The proposed fee structure and scope of work reflect the anticipated process. Telephone conversations with the references provided by Rosenow Spevacek Group, Inc. (RSG) supported the selection panel's determination that, based on their written proposal and oral presentation, RSG and their environmental consultant team member, Laguna Pacific, was the preferred consultant team for this project. RSG has successfully completed work for the City of Chula Vista in the past, including the Bayfront and Town Centre I Plan amendments. The team's project manager, Jim Simon, has extensive experience working in San Diego County and an excellent understanding of California Redevelopment Law. RSG's last contract with the City was completed in 1999; therefore, they have not had an active contract with the City in the past 12 months. The selection panel determined that Urban Futures, Inc. could do the job well, including performing the environmental analysis in. house; however, the team had no experience working within San Diego County. Although UFI's overall fee is less than that of RSG, there were a number of cost categories identified as being excluded in the estimate that would be additions to the contract amount. The selection panel determined that the written proposal and oral presentation provided by Keyser Marston Associates, Inc. was the least comprehensive. Financial analysis was the strength ..3-3 PAGE 4, ITEM NO.: MEETING DATE: 07/24/01 of the KMA team; however, their proposal did not include an environmental component, exclusive of coordination, and the panel felt that the team might not be fully dedicated to completing the process envisioned by City staff. Consultant Aqreement An agreement between the Redevelopment Agency and RSG (on the standard two-party agreement form that has been approved as to form by the City Allomey's office) is allached to the Resolution. This agreement includes the consultant's scope of work, amendment schedule, and consultant's fee. Resumes for the project manager, James Simon, and the project team members, Sean Smith, Lindsay Anderson, and Phil Martin (Laguna Pacific) are included as Allachment 1 of this staff report. RSG will complete a Feasibility Study that will include a preliminary analysis to identify remaining blight and financial capacities of each of the redevelopment project areas, as well as a physical and economic analysis of fhe potential additional territory. The actual amendment process, if feasible, will commence upon completion of the Study. This will include coordinating with staff and the project team, conducting scoping and community meetings, and preparing the technical reports, proposed amendment(s), preliminary plants), and the State Board map(s) and legal description(s). The target date for project complefion is July 2002. RSG has indicated that the July date is feasible; however, the process may require additional time, depending upon the extent of the amendments and the amount of added territory. The overall process will require careful coordination to achieve fhe anticipated completion date. FISCAL IMPACT RSG proposes to provide the necessary consulting services in two phases (Feasibility Study and Plan Amendments) in accordance with the Scope of Services allached to the Resolution. The total amount of the contract is $192,175.00, with 10 percent retention amount for each phase of the project. Adequate funds are available in the Town Centre I and Merged Project Fund Professional Services Accounts to cover the proposed contract. In addition, specialized allomey services may be needed during the amendment process and funding for those services has been included in the FY01-02 budget. Unfil the City Allomey's staffing needs have been completed, specific funding and source of services remain unknown. The City Allomey's office will provide legal advice for the amendments during the interim. ATTACHMENTS 1. Consultant Team Resumes 2. Consultant Agreement for Rosenow Spevacek Group, Inc. J:\COMMDEV\STAFF.REP\O7-24-01\RSG Agenda Statement.doc -3-4 RESOLUTION NO. - RESOLUTION OF THE RECEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA APPROVING A CONSULTANT AGREEMENT WITH ROSENOW SPEVACEK GROUP, INC. (RSG) TO ANALYZE THE FEASIBILITY OF AMENDING THE TOWN CENTRE I AND II, SOUTHWEST, OTAY VALLEY ROAD, AND BA YFRONT REDEVELOPMENT PLANS TO EXTEND THE LIFE OF THE PROJECT AREAS, IMPROVE THEIR FINANCIAL ABILITY TO UNDERTAKE NECESSARY PROJECTS, AND ANALYZE THE POTENTIAL FOR ADDING NEW TERRITORY WHEREAS, the Agency wishes to continue blight elimination activities by extending the life of the Redevelopment Project Areas; and WHEREAS, the Agency desires to extend the Redevelopment Project Area boundaries to enable of her older areas within the City to benefit from the recent redevelopment successes; and WHEREAS the Community Development and Planning Department's priorities and workload are such that staff time is not available to accomplish the amendments by October 2002; and WHEREAS, it is the desire of the Agency to hire a consultant with the expertise to accomplish the amendments to the Redevelopment Plans; and WHEREAS, it was found through the competitive bidding process, that Rosenow Spevacek Group, Inc. are qualified and have expertise necessary to provide the services required to satisfactorily complete the amendments. NOW, THEREFORE, BE IT RESOLVED the Redevelopment Agency of the City of Chula Vista does hereby approve, in the form presented, a consultant agreement with Rosenow Spevacek Group, Inc. for the provision of redevelopment consulting services to amend the Town Centre I and II, Southwest, Otay Valley Road, and Bayfront Redevelopment Plans to extend the life of the project areas, improve their financial ability to undertake necessary projects, and analyze the potential for adding new territory. BE IT FURTHER RESOLVED that there are adequate funds available in the Town Centre I and Merged Project Fund Professional Services Account to fund the proposed Agreement. PRESENTED BY APPROVED AS TO FORM BY Chris Salomone Director of Community Development J,\COMMDEV\STAFF.REP\O7.24.01\RSG Raso.doc 3-:;- RESUMES James Simon Rosenow Spevacek Group - Principal Mr. Simon is responsible for many of RSG's redevelopment plan adoption and implementation services, and specializes in market analysis, economic impact analysis, and strategic planning. Mr. Education Simon's clients include the Santa Monica Redevelopment Agency, Bachelor of Arts the Sacramento Housing and Redevelopment Agency, the Business Administration - Community Development Commission of the City of National City, Entrepreneurial Management the Stockton Redevelopment Agency, and the Hollister Concentration Redevelopment Agency. California State Uni\'ersity, Fullerton Rosenow Spevacek Group - Senior Associate Created the bonding capacity, cash flow, and capital improvement Membersllips program budget analyses, conducted pro forma analysis, and Former Planning Commissioner forecasted revenues and expenditures for debt financings. Drafted Cit,' of Laguna \'iguel annexation, incorporation and reorganization studies, housing and five-year implementation plans, and development impact reports. Former Emironmental Re\iew Board Prepared documentation and coordinated activities for redevelopment ~[ember plan adoptions, Assignments included projects in the Cities of City of Laguna i\'iguel Carlsbad, EI Cajon, La Quinta, San Buenaventura, Hercules, and Dublin. Private sector clients included Intrawest Mammoth Corporation, the Mills Corporation, and Homeplace Retirement Communities. Rosenow Spevacek Group - Senior Ana/yst .' Assisted project manager in redevelopment plan adoption and implementation activities, including compilation and analysis of property infonnation management system. Forecasted revenues and expenditures for debt financings. Conducted field assessment surveys of property conditions and businesses. Mr. Simon worked in these capacities for the Cities of Palm Desert, San Pablo, Big Bear Lake, Ontario, and Lemon Grove. .3 - C, Attachment 1 Sean Smith Rosenow Spevacek Group - A.nalyst Primary respansibilities include the callectian and analysis afpraject data infarmation, the farmulation af revenue projectians, market Educatioll research, field surveys, ecanomic feasibility research, and database Masters preparatian and maintenanÅ“. Respansibilities alsO' include repart Public Policy and Administration and spreadsheet arganizatian as well as dacument preparatian. Mr. Smith has warked in this capacity far the EI Tara Water District, the Califarnia State Uni,'ersity, City afMantclair, the Orange Caunty Fire Autharity, the Sacramenta Lang Beach (In Pragress) Hausing and Redevelapment Agency, and the Victar Valley Ecanamic Develapment Age~cy. ; Bachelor af Arts Public Administration City of Dana Point - Intern (City Managers Of[¡ce) San Diego State Uni\'ersi!;' Primary respansibilities included research, callectian, and campilatian af data pertinent to' the City Manager's affice. Mare specifically, campleted an audit af the entire street light system within the City and the campilatian af a detailed arientatian manual prepared far the candidates for the City Cauncil. Lindsay Anderson Rosenow Spevacek Group - Analyst Primary respansibilities include research and data gathering including real estate market data, demographics, and blight data. Educatioll Responsible for analysis and database/spreadsheet campilatian, along with relevant document preparation including staff reports, Masters resolutions, preliminary reparts and other redevelapment dacuments. Public Palic)' Wark experience includes redevelopment plan amendments in the Pepperdine Uni\'ersit)' cities of National City, Sacramenta, and Oroville. : Bachelor of Arts &sociation Reserves - Project Manager Political Science Western Washington Uni\'ersity Assessed the assets ofhameawners associations, their condition, and their replacement cast. Ran economic analysis on gathered information and provided a 30-year financial plan far the association. As Project Manager, responsibilities included working an multiple projects, coardinating schedules with supporting staff, praviding bids and completion af reports and strict deadlines. Additional areas of wark included consultation with clients on funding plans and strategies. .3 - 7 PHILIP MARTlL'< VICE PRESIDENT - LAGUNA PACIFIC ENVIRONMENTAL, INC. Education . B.S., Life Sciences, K2nsas State University, 1974 . Community Planning. Certificate, University of California, Irvine, 1981 . Hazardous Site Assessment, Certificate, University of California, Irvine-currently emolled . Light Construction :md Development, Certificate, University of California, Irvine-currently emolled Professional Registrations, licenses, and Affiliations . Association of Environ'mental Professionals Professional Experience Mr. Martin has over 23 years of experience in the area of environmental planning and consulting, pennitting and e:¡¡itlement, due diligence and redevelopment consulting. His primary responsibilities include project management of environmental documents and new business development. Prior to joining Laguna P~cific, Mr. Martin was a vice president of environmental services with Ultrasystems Environment~l Incorporated. Prior to that he o\\l1ed Phil Martin & Associates which was an environmental consulting firm specializing in the preparation of environmental impact reports for the adoption of redevelopment pi:ms and negative declarations for public improvement projects. Mr. Martin also has extensive experience processing tentative and final tract maps and parcel maps. Selected Project Experience: South Carlsbad Coastal Redevelopment Plan, City of Carlsbad. Mr. Martin prepared the environmental impact report for the adoption of a redevelopment plan for a new redevelopment project area that includes the Encira power plant and Carlsbad Boulevard from Agua Hedionda lagoon in the northwest section of the city SDuth to the city's southern city limits. Coronado Redevelopment Plan Amendment, City of Coronado. Mr. Martin prepared an-' Environmental Impact Report for an amendment to the City of Coronado Redevelopment Plan, which covers the entire city, to increase debt limits, add additional public improvement projects and extend the life of the plan. San Marcos Redevelopment Plan Amendment, City of San Marcos, Mr. Martin prepared an Environmental Impact Report for the San Marcos Redevelopment Agency to amend an existing redevelopment plan to add aåditional area to the existing project area, add additional public improvement projects, increase debt limits, etc. Centre City Redevelopment Project Area, City of Burbank. Mr. Martin prepared a Mitigated Negative Declaration for the City of Burbank Redevelopment Agency to extend the authority to use eminent domain within the Centre City Redevelopment Project Area. West Olive Redevelopment Project Area, City of Burbank, Mr. Martin prepared a Mitigated Negative Declaration for the City of Burbank Redevelopment Agency to extend the authority to use eminent domain within the West Olive Redevelopment Project Area. J-f! EI Monte Redevelopment Project Area, City of EI Monte, Mr. Martin prepared a Program EIR for the EI Monte Redevelopment Project Area for the adoption of a redevelopment plan adoption to add additional area, increase the number of public improvement projects the Agency can assist the City to develop, increase debt limits, etc. South Main Street Redevel,!pment Plan, City of Santa Ana. Mr. Martin prepared an Environmental Impact Report for a redevelopment plan amendment to the South Main Street Redevelopment Project Area to increase debt limits, extend the authority to use eminent domain, add public improvement projects and extend the life of the plan. Mission Viejo Redevelopment Plan, City of Mission Viejo. Mr. Martin prepared an Environmental Impact Report to adopt a redevelopment plan to establish a new redevelopment project area in the city. Camarillo ,Redevelopment Plan Amendment, City of Camarillo. Mr. Martin prepared a Program EIR for the Camari110 Redevelopment Agency to amend the existing redevelopment plan to add additional area, add additional public improvement projects, increase debt limits, etc. City of Santa Ana Inter-City Commuter Station, Santa Ana (Central City and 1'íorth Harbor Redevelopment Plans: Mr. Martin prepared a Program EIR for the Santa Ana Community Redevelopment Agency to amend the existing redevelopment plans of the three project areas to extend the authority to use eminent domain. Garden Grove Redevelopment Plan Merger, City of Garden Grove. Mr. Martin prepared a Program EIR for the Garden Grove Redevelopment Agency to merge sixteen project areas into one project area, increase debt limits, increase the number of public improvement projects that could be assisted by the Agency, extend the authority to use eminent domain in the project area for an additional 12 years, etc. 40th Street Redevelopment Plan Adoption, City of San Bernardino, Mr. Martin prepared a Program EIR for the San Bernardino Redevelopment Agency for the adoption of a new Project Area that included residential and mixed-use retail uses. The Plan included the authority to use eminent domain except for residential uses. Big Bear Redevelopment Project Area, City of Big Bear City, Mr. Martin prepared a Program EIR to amend the existing redevelopment plan to add additional area, increase the number of public improvement projects that could be constructed by the Agency, increase the life of the plan, increase debt limits, etc. Montclair Redevelopment Plan Adoption, City of Montclair.~ Mr. Martin is currently preparing a Program EIR for the City of Montclair to adopt a new redevelopment project area that includes property in both the City of Montclair and the County of San Bernardino. La Quinta Redevelopment Agency, City of La Quinta. Mr. Martin prepared a Program EIR to amend the existing redevelopment plan to add additional area, increase the number of public improvement projects that could be constructed by the Agency, increase the life of the plan, increase debt limits, etc. Palm Desert Redevelopment Agency, City of Palm Desert, Mr. Martin prepared a Program EIR to amend the existing redevelopment plan to add additional area, increase the number of public improvement projects that could be constructed by the Agency, increase the life of the plan, extend the authority to use eminent domain, increase debt limits, etc. .3-9 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP, INC. for Redevelopment Plan Amendment Consultinq Services This agreement ("Agreement"), dated July 24,2001, for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the Agency wishes to continue blight elimination activities by extending the life and improving the financial capabilities of the Redevelopment Project Areas; and WHEREAS, the Agency desires to extend the Redevelopment Project Area boundaries to enable other older areas within the City to benefit from the recent redevelopment successes; and WHEREAS the Community Development and Planning Department's priorities and workload are such that staff time is not available to accomplish the amendments by October 2002; and WHEREAS, it is the desire of the Agency to hire a consultant with the expertise to accomplish the amendments to the Redevelopment Plans; and WHEREAS, it was found through the competitive bidding process, that Rosenow Spevacek Group, Inc. are qualified and have expertise necessary to provide the services required to satisfactorily complete the amendments. WHEREAS, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; Page 1 ATTACHMENT 2 ...3-10 NOW, THEREFORE, BE IT RESOLVED that the 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. A. 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. B. 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. C. 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. Page 2 .3-// D. 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 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 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. E. 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. F. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Page 3 -.3-(2- Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (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. 2. 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. 3. 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, Page 4 3 -l3 adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 4. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 5. Term. This Agreement shall terminate upon the earlier to occur of (a) the date when the Parties have complied with all executory provisions hereof; or (b) December 31,2002 unless extended by the City in its sole discretion. 6. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in performance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assignment or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. Page 5 3-rL/ 7. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. 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 Page 6 3 -IS- property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 8. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or 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. 9. 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. Page 7 -3 - ( (" 10. 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. 11. 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. 12. 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". 13. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unre- stricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such re- ports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 14. 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 Poge 8 -3 - f 7 - purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 15. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 16. 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 a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the relief sought. 17. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 18. 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. Page 9 3- (g C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] Poge 10 J - / 1 Signature Page To AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP, INC. for Redevelopment Consultinq Services IN WITNESS WHEREOF, Agency and Consultant have executed this Agreement, dated , thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Redevelopment Agency of the City of Chula Rosenow Spevacek Group, Inc. Vista By: Shirley Horton, Chair Jim Simon Attest: By: Frank J. Spevacek Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Exhibit List to Agreement (X) Exhibit A (X) Exhibit B (X) Exhibit C Poge 11 J -d-o Exhibit A to Agreement between the Redevelopment Agency of the City of Chula Vista and Rosenow Spevacek Group, Inc. 1. Effective Date of Agreement: July 24, 2001 2. City-Related Entity: (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California 3. Place of Business for City: City of Chula Vista Redevelopment Agency 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Rosenow Spevacek Group, Inc. 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 540 North Golden Circle, Suite 305 Santa Ana, California 92705-3914 Voice Phone (714) 541-4585 Fax Phone (714) 836-1748 Page 12 3-,;)1 7. General Duties: Consultant shall perform the duties required to analyze the feasibility of amending the Town Centre I, Town Centre II, Southwest, Otay Valley Road and Bayfront Redevelopment Plans, as necessary, to extend the life of the project area, improve their financial ability to undertake necessary projects, and analyze the potential for adding new territory . 8. Scope of Work and Schedule: A. Detailed Scope of Work: See attached Exhibit B. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement C. Dates or Time Limits for Delivery of Deliverables: See Exhibit C. D. Date for completion of all Consultant services: December 31,2002 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance I) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. I) 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: None 11. Compensation: A. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (X) Not-to-Exceed Limitation on Time and Materials Arrangement Page 13 -3 -d;;L. 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 $192,175 including all Materials, and other "reimbursables" (Maximum Compensation"). Fees for each phase exclude 1 0% retention as identified below. PHASE FEE FOR SAID PHASE (less 10% retention) 1. Feasibility Study $13,050 2. Plan Amendments $159,908 3. Retention Payment $19,217 Rate Schedule Category of Employee Hourly of Consultant Rate Principal $150.00 Associate $125.00 Senior Analyst $ 85.00 Analyst $ 75.00 Research Assistant/Real Estate Technician $ 65.00 Reimbursables Cost plus 10% 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. 13. Contract Administrators: Agency: Byron Estes, Redevelopment Manager Consultant: James C. Simon, Principal/ Project Manager 14. Liquidated Damages Rate: None. 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. (X) List "Consultant Associates" interests in real property within two miles of Project Property, if any: None Page 14 -3 - 02.3 16. Consultant is Real Estate Broker and/or Salesman: Not applicable. 17. Permitted Subconsultants: Laguna Pacific Environmental SP2 Engineering 18. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: (X) Monthly ( ) Quarterly ( ) Other: B. Day of the Period for submission of Consultant's Billing: (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: C. City's Account Number: 19. Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ (X) 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: (X) Retention Percentage: 10% ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services (X) Other: 30 days following completion of all consultant services. Page 15 -3 -.2ý Exhibit B SCOPE OF WORK I. FEASIBILl1Y STUDY The Consultant team proposes to perform the following tosks to refine the scope of the proposed amendments. TASK 1: BACKGROUND AND SCOPING MEETING Conduct on-site scooping meeting with staff and Agency legal counsel to tour existing Project Areas and proposed amendment areas, discuss critical issues, and collect financial and other pertinent documents. TASK 2: FIELD RECONNAISSANCE / BLIGHT IDENTIFICATION Conduct a windshield field survey to document block-level physical and/or economic conditions, interview property owners ond reol estote professionols on overcrowding, business vacancies, lond use incompotibilities, ond crime rates. TASK 3: FISCAL CAPACl1Y ANALYSIS Review current Redevelopment Plan limits, most recent statement of indebtedness, Agency budget and financial statements, debt documentation, and other applicable documents to identify potential financial constraints. TASK 4: INITIAL FINDINGS AND RECOMMENDATIONS Prepare a preliminary assessment of the physical and economic blighting conditions in the existing Project Areas to substantiate whether the area has sufficient blight to warrant an extension of Plan limits. TASK 5: REVENUE FORECASTING Prepare five forecasts of tax Increment revenues through the duration of the Redevelopment Plans, overlaying a projection of all existing obligations. TASK 6: SUMMARY REPORT Prepare a report and matrix that describe the advantages and disadvantages of pursuing amendments to debt and tax increment limits, including an evaluation of the fiscal impact of any AB- 1290 mandated statutory pass-through payments that are a consequence of an amendment. Outline the parameters of the proposed amendment, ond recommend the appropriate community participation process, including the necessity for election of project area committee(s). TASK 7: PRESENTATION OF FINDINGS Present findings to staff or, if preferable, at an Agency Board meeting. 3-25 II. PROJECT AREA COMMITTEE (PAC) / PUBLIC INPUT TASK 8: ASSESS NEED FOR PAC REPRESENTATION RSG will assess the need for PAC representation. TASK 9: ASSIST STAFF WITH PAC SET-UP, BY-LAWS, COMPOSITION (OPTIONAL) If deemed necessary, a PAC could be formed through a specific election process. RSG will draft a PAC Formation Procedure for City council approval, prepare required notices and transmittals in the form of a newsletter, assemble required meeting materials, participate and/or lead informotion and election meetings and attend up to 8 PAC meetings. (Transmittal and publishing of PAC notices would be the responsibility of the Agency.) TASK 10: DEVELOP AND IMPLEMENT COMMUNITY INFORMATION PROGRAM RSG will develop and implement a Community Information Program. RSG will attend a minimum of three community meetings to be conducted before the public hearing. III. REDEVELOPMENT PLAN AMENDMENTS Following completion of Part I, RSG proposes to complete the following tasks in order to concurrently amend one or more of the Redevelopment Plans. TASK 11: PROJECT COORDINATION RSG will coordinate the activities of the consultant team, legal counsel, and Agency staff, and will be responsible for the timely delivery and processing of all redevelopment documents. TASK 12: PREPARE PRELIMINARY PLAN RSG will conduct a thorough, parcel-by-parcel survey of all new territory and a block-level analysis of existing Project Areas to substantiate blighting conditions. The blight analysis will consist of a field inspection, photo documentation, broker interviews, Agency staff interviews, and data compilation and analysis. The survey results will be tabulated and incorporated in the Preliminary Report and Report to the Redevelopment Agency. This analysis will also yield recommended redevelopment implementation octivities for the Project Areas. TASK 13: FINANCIAL AND TAXING ENTITY ANALYSIS RSG will prepare revenue projections and a bonding capacity analysis showing the fiscal implications of the amendments. All existing senior lien obligations (taxing agency payments and bond debt service) will be incorporated into models, as well as any additional statutory taxing agency payments triggered by odoption of the amendments. TASK 14: DOCUMENT PREPARATION RSG will prepare the following documents with review by Agency staff and legal counsel, as appropriate: . Project schedule . Staff reports and resolutions on amendments . One preliminary plan for amendment to add new territory ...3 - .:L fo . PubliclT axing Agency notices . Ten newsletters (two for each amendment) . Five text amendments . Five restated and amended redevelopment plans . Five preliminary reports . Owner participation rules . Five reports to the Redevelopment Agency . Response to written objections (up to 25 responses) . Final Plants) TASK 15: MEETING ATTENDANCE AND PUBLIC HEARINGS James Simon, Project Manager, will attend the following 22 meetings. Additional meetings may be conducted over the budget on a time-and-materials basis. . Project team/staff meetings 6 meetings . Planning Commission meetings 3 meetings . City Council/Agency meetings 8 meetings . Project Area Committee meetings 2 meetings . Community meetings 3 meetings TASK 16: PREPARE BOUNDARY MAP AND LEGAL DESCRIPTION Through a subcontract, RSG will retain SP2, an Irvine-based civil engineering firm, to prepare a metes and bounds legal description and boundary map for any new territory pursuant to State Board of Equalization guidelines. TASK 17: ENVIRONMENTAL SERVICES Several approaches are available to the Agency for environmental documentation. The simplest and most cost effective option would be to prepare a single program environmental impact report (EIR) covering all five amendments. The downside of this option is that bundling the environmental review in this manner would delay and potential jeopardize all amendments if there is a legal challenge to the EIR. For the purposes of this budget and scope of work, this is the option that will be pursued. A second option would entail preparing two separate environmental documents. The first could be a negative declaration or addendum to the 1998 EIR for the Town Centre I and Bayfront projects, since these two amendments are more limited in scope and there is recent environmental review. The second document would be a program EIR for the Town Centre II, Southwest, and Otay Valley Road projects. A third option would be to prepare four or five separate environmental documents, ranging from negative declarations to program EIRs. This eliminates the risk of bundling the environmental review, but costs the Agency significantly more. J:ICOMMDEVISTAFF.REPIO7-24-01IRSG Exhibits.doc -3 -~7 ..- Exhibit C SCHEDULE Feasibility Study 45 Days Start Date August 2001 Estimated Completion Date Mid-September 2001 SUMMARYREPORT September 7, 2001 Plan Amendments 10 Monfhs (Modify Eminent Domain, Extend Time Limits, Enlarge Project Areas) Start Date October 2001 Estimated Completion Dote July 2002 PRELIMINARY REPORT January 31, 2002 FINAL PLAN(S) July 2002 (but no later than December 2002) J:\COMMDEVlSTAFF.REP\O7-24-0t\RSG Exhibits.doc .3-.2'1