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HomeMy WebLinkAboutRDA Packet 2005/07/19 ~V?- =-~=~ --~--~ - -- CITY OF TUESDAY, JULY 19, 2005 CHUlA VISTA 6:00 P.M. (immediately following the City Council meeting) COUNCil CHAMBERS PUBLIC SERVICES BUilDING REVISED A .JOINT MEETING OF REDEVELOPMENT AGENCY I CITY COUNCIL OF THE CITY OF CHULA VISTA CALL TO ORDER ROLL CALL Agency/Council Members Castaneda, Davis, McCann, Rindone; Chair/Mayor Padilla CONSENT CALENDAR The staff recommendations regarding the following item(s) listed under the Consent Calendar will be enacted by the Agency/Council by one motion without discussion unless an Agency/Council 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 City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Public Hearing items. Items pulled by the public will be the first items of business. 1. APPROVAL OF MINUTES - June 21, 2005 2. JOINT RESOLUTION OF THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONSULTANT AGREEMENTS WITH THE ROSENOW SPEVACEK GROUP, INC. (RSG) FOR REDEVELOPMENT CONSULTANT SERVICES; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENT - The proposed contracts with RSG include updating the redevelopment area implementation plans, amending the Town Centre I and Bayfront plans, and extending the project areas due to the ERAF shifts. Since the total consultant fee for all RSG agreements now exceeds $50,000, Agency/Council approval is required. Staff is requesting waiving the formal consultant selection process based on RSG's qualifications and experience, the limited market for their type of expertise, and their satisfactory work performance on previous consultant work. [Director of Community Development] STAFF RECOMMENDATION: Agency/Council adopt the resolution. ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subiect 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 Council/Agency, staff, or members of the general public. The items will be considered individually by the Council/Agency and staff recommendation 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. OTHER BUSINESS 4. DIRECTOR'S REPORT 5. CHAIR REPORT 6. AGENCY COMMENTS ADJOURNMENT The Redevelopment Agency will adjourn to an adjourned meeting on July 26, 2005, at 6:00 p.m., in the Council Chambers. AMERICANS WITH DISABiliTIES ACT The City of Chura 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 (61 g) 691-5047 or Telecommunications Devices for the Deaf (TOO) at (619) 585-5647. California Relay Service is also available for the hearing impaired. RDA/City Council, July 19, 2005 Page 2 MINUTES OF REGULAR MEETINGS OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY AND A SPECIAL MEETING OF THE HOUSING AUTHORITY OF THE CITY OF CHULA VISTA June 21, 2005 6:00 p.m. Regular Meetings of the City Council and Redevelopment Agency and a Special Meeting of the Housing Authority were called to order at 6:26 p.m. in the Council Charnbers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista, California ROLL CALL: PRESENT: Agency/Authority/Councilmembers Castaneda, McCann, Rindone and Deputy ChairlDeputy Mayor Davis ABSENT: Chair/Mayor Padilla ALSO PRESENT: Executive Director/City Manager Rowlands, Senior Assistant City Attorney/Senior Assistant Agency Counsel Marshall, Assistant City Clerk Norris ORAL COMMUNICATIONS - THE REDEVELOPMENT AGENCY There were none. PUBLIC HEARING OF THE CITY COUNCIL, REDEVELOPMENT AGENCY AND HOUSING AUTHORITY 1. CONSIDERATION AND ADOPTION OF THE OPERATING AND CAPITAL IMPROVEMENT BUDGETS FOR THE CIY, AND THE OPERATING BUDGETS FOR THE REDEVELOPMENT AGENCY AND THE HOUSING AUTHORITY FOR FISCAL YEARS 2006 AND 2007 Notice of the hearing was given in accordance with legal requirements, and the hearing was held on the date and at the time specified in the notice. Deputy ChairlDeputy Mayor Davis opened the public hearing. There being no members of the public who wished"to speak, Deputy ChairlDeputy Mayor Davis asked for a motion. ACTION: Agency/ Authority/Councilmember Castaneda moved to continue the hearing to an Adjourned Regular Meeting on June 28, 2005. Agency/Authority/Council- member Rindone seconded the motion, and it carried 4-0. 1-1 OTHER BUSINESS 2. DIRECTOR/CITY MANAGER'S REPORTS There were none. 3. CHAIR/MAYOR'S REPORTS There were none. 4. AGENCY/COUNCILMEMBER COMMENTS There were none. ADJOURNMENT At 6:28 p.m., Deputy Chair/Deputy Mayor Davis adjourned the Special Meeting of the Housing Authority and the Regular Meeting of the Redevelopment Agency to Adjourned Regular Meetings on June 28, 2005 at 6:00 p.m. in the Council Charnbers. Lfi~ Donna Norris, CMC Assistant City Clerk Page 2 Council/RDA/HA Minutes 06/21 /05 1-2 JOINT REDEVELOPMENT AGENCy/CITY COUNCIL AGENDA STATEMENT ITEM NO.: MEETING DATE: d-- 07/19/05 ITEM TITLE: JOINT AGENCY/COUNCIL RESOLUTION APPROVING CONSULTANT AGREEMENTS WITH THE ROSENOW SPEVACEK GROUP, INC. (RSG) FOR REDEVELOPMENT CONSULTANT SERVICES; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENTS SUBMITTED BY: REVIEWED BY: EXECUTIVE DIRECTOr COMMUNITY DEVELOPMENT DIRECTOR ~L,,^ 4/STHS VOTE: YES 0 NO D BACKGROUND Agency staff seeks to enter into two agreements with the Rosenow Spevacek Group, Inc. (RSG) for professional redevelopment consultant services. The proposed agreements are the fourth and fifth consultant assignments with RSG this fiscal year. The two proposed agreements with RSG include updating the redevelopment area implementation plans, amending the Town Centre I and Bayfront redevelopment plans, and extending the project areas expiration date and/or ability to collect tax increment revenue due to shifts in the Education Revenue Augmentation Fund [ERAF). The total consultant fee for both agreements is $49,000. Since the total consultant fee for all RSG agreements exceeds $50,000 this fiscal year, Agency/Council approval is required. Staff is recommending waiving the formal consultant selection process and enter into both agreements with RSG for the specified redevelopment consultant services. The recommendation is based on RSG's qualifications and experience, the limited ,market for their expertise, and their satisfactory work performance on previous redevelopment consultant assignments. RECOMMENDATION Adopt resolution approving consultant agreements with the Rosenow Spevacek Group, Inc. for redevelopment consultant services; and authorize the Chair to execute said agreements for this purpose. 2-1 PAGE 2, ITEM NO.: d- MEETING DATE: 07/19/05 BOARDS/COMMISSIONS RECOMMENDATION Not applicable DISCUSSION The proposed agreements with the Rosenow Spevacek Group, Inc. (RSG) are for work programs that require compliance with the State's redevelopment statutes. RSG, a redevelopment planning firm based in Santa Ana, has been instrumental in assisting the Agency over the years on their most recent plan adoptions and amendments. Staff's recommendation to waive the formal consultant selection process is based on RSG's qualifications and experience, the limited market for their expertise, and their satisfactory work performance on previous consultant assignments. The proposed agreements with RSG are for the following work assignments: 1. Implementation Plan Update: Pursuant to Section 33490 of State Redevelopment Law, redevelopment agencies are required to prepare and adopt a Five-Year Implementation Plan for each project area. Since the current Plans have expired, the Agency is required to update them as early as possible. The scope of work for the Agreement (Exhibit A) includes: . Data Collection; . Preparing the project adoption schedule; . Conducting Field Reconnaissance; . Data Analysis - Delineating Goals and Objectives; . Identifying Projected Revenues and Non-Housing Expenditures for the next five years; . Preparing the Housing Compliance/Implementation Plan; . Drafting the Redevelopment Implementation Plan and Developing the Implementation Matrix; and . Assisting and participating in the public hearing process for adoption of the Implementation Plans. 2. As Needed Consultant Services: The scope of work for the Agreement (Exhibit B) includes: A. Education Revenue Auamentation Fund fERAFl Extension: The State mandated payment of the ERAF from redevelopment funds has adversely affected local redevelopment agencies ability to implement revitalization activities within project areas. ERAF extensions provide the opportunity for local agencies with eligible project areas to have their expiration date and/or ability to collect tax increment revenue extended. The anticipated result is 2-2 PAGE 3, ITEM NO.: ;;L MEETING DATE: 07/19/05 additional revenues to repay indebtedness for Agency projects and activities that revitalize project areas. The work tasks for this assignment includes: . Researching project area eligibility for having their expiration date and/or ability to collect tax increment revenue extended; . Preparing ordinances required to secure the ERAF extensions; and . Detailing the steps that must be taken to make other project areas eligible. B. Bavfront/Town Centre I Plan Amendments: involves deleting outdated land use designations, and deferring to the proposed General Plan Update and Urban Core Specific Plan. RSG shall assist the Agency in ensuring that the amendments comply with State Redevelopment Law. The work tasks include: . Preparing the necessary documents for plan amendments; . Attending community forum meetings; . Preparing mailing lists and required notices; . Attending public hearings; . Preparing the amendments, reports, and correspondence; and . Preparing written responses to objections. C. Reinstitute the Added Area Proiect Area Committee (PAC): consists of drafting bylaws for the new Added Area PAC, and developing a framework for PAC roles and duties. The Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary. FISCAL IMPACT The total consultant fee to date for all agreements with RSG is $49,600. The proposed agreements are the fourth and fifth consultant assignments with RSG this fiscal year. The total consultant fee for the proposed agreements is $49,000 ($24,000 for Implementation Plan Updates and $25,000 for As Needed Redevelopment Services) for a total contracts amount of $98,600 with RSG this fiscal year. Staff has identified $49,000 in the Town Centre I/Bayfront and Merged Chula Vista Area budgets to pay for the consultant services. Therefore, no additional appropriations are being requested. 2-3 RESOLUTION NO. JOINT AGENCY/COUNCIL RESOLUTION APPROVING CONSULTANT AGREEMENTS WITH THE ROSENOW SPEVACEK GROUP, INC. (RSG) FOR REDEVELOPMENT CONSULTANT SERVICES; AND AUTHORIZING THE CHAIR TO EXECUTE SAID AGREEMENTS WHEREAS, the Agreements with the Rosenow Spevacek Group, Inc. (RSG) are for work programs and activities that requires compliance with California Redevelopment Law; and WHEREAS, RSG, a redevelopment planning firm based in Santa Ana, was retained due to their qualifications and extensive redevelopment consultant experience; and WHEREAS, the Agreements are the fourth and fifth consultant assignments with RSG this fiscal year; and WHEREAS, the consultant assignments include updating the redevelopment area implementation plans, amending the Town Centre I and Bayfront redevelopment plans, and extending the project areas expiration date and/or ability to collect tax increment revenue due to shifts in the Education Revenue Augmentation Fund (ERAF); and WHEREAS, the total consultant fee for both agreements is $49,000 for a total contracts amount of $98,600 with RSG this fiscal year; and WHEREAS, Agency/Council is waiving the formal consultant selection process and entering into both agreements with RSG for the specified redevelopment consultant services; and WHEREAS, the recommendation is based on RSG's qualifications and experience, the limited market for their expertise, and their satisfactory work performance on previous redevelopment consultant assignments; and WHEREAS, the Environmental Review Coordinator has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(93) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary; and NOW THEREFORE BE IT RESOLVED, THE REDEVELOPMENT AGENCY AND CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby approve in the form presented the Agreements with the Rosenow Spevacek Group, Inc. (RSG) for the specified redevelopment consultant services; and BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized to execute said agreements for and on behalf of the City.Council and Redevelopment Agency of the City of Chula Vista. Presented by Approved as to form by Laurie A. Madigan Director of Community Development A oore City Attorney and Agen J:\COMMDEVlRESOS\2005\07 -19-05\RSG Contracts.doc 1 2-4 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES This agreement ("Agreement"), dated the 19th of July of 2005 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 City is seeking the services of a professional consultant to assist the City on a variety of redevelopment related work programs and activities; and WHEREAS, the Consultant was selected due to their extensive experience of working with the City on previous redevelopment project area adoptions, amendments, and work related programs and activities; and WHEREAS, the City is waiving the formal consultant selection process based on the limited market for this type of service, the Consultant's intimate knowledge of the City's redevelopment project areas, and their satisfactory work performance on previous work programs and activities; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it is 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 2-5 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Page 2 2-6 Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss 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. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements.Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City Page 3 2-7 demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title"S of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation Page 4 2-8 City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages Page 5 2-9 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. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. 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. Page 6 2-10 Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in . Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Page 7 2-11 Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only' for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant , its employees, agents or officers, or any third party. with respect to losses arising from Consultant's professional errors or omissions, 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) except for those claims arising from the negligence or willful misconduct of 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. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause Page 8 2-12 If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and Page 9 2-13 shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless'a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this Page 10 2-14 reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to 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. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, Page 11 2-15 postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Page 12 2-16 SIGNATURE PAGE TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2005 City of Chula Vista by: Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney --- 7-/I-tJt::J Dated: Ro"n7w ,p,,"& Group, By: --'iLfM Kathleen Rosenow Principal Inc. Exhibit List to Agreement (Xl Exhibit A. (Xl Exhibit B. Page 13 2-17 EXHIBIT A TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES 1. Effective Date of Agreement: July 19, 2005 2. City-Related Entity: () City of Chula Vista, a municipal chartered corporation of the State of California (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: [insert business form] , a ("City") 3. Place of Business for City: Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Kathleen Rosenow, Principal Rosenow Spevacek Group, Inc. 5. Business Form of Consultant: ) Sole Proprietorship ) Partnership x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Rosenow Spevacek Group, Inc. 309 West 4~ Street Santa Ana, CA 92701 Page 14 2-18 b: (714) 541-4585 f: (714) 541-1175 7. General Duties: Consultant shall assist the City to: A. Process the ordinances required Revenue Augmentation Fund (ERAF) project areas; to secure the Education extensions for eligible B. Amend the Merged Bayfront/Town Centre I Project Area Plans to delete land use designations and, defer to the proposed General plan Update and Urban Core Specific Plan; and C. Reinstitute the Project Area Committee (PAC) for the Added Area Redevelopment Project; and 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Exhibit B B. Date for Commencement of Consultant Services: x) Same as Effective Date of Agreement Other: C. Dates or Time Limits for Delivery of Deliverables: See Exhibit B D. Date for completion of all Consultant services: 180 days from the effective date of agreement or acceptance of all deliverables by Agency, whichever occurs last. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. () Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . Page 15 2-19 10. Materials Required to be Supplied by City to Consultant: Under discretion of the Contract Administrator, any information, data, items, and materials Consultant requests access to for the purposes of achieving the objectives of this Agreement, which are not otherwise privileged or unavailable for disclosure. 11. Compensation: Hourly Rate Arranqement For performance of all 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 herein below according to the following terms and conditions: A. Not-to-Exceed Limitation on Time and Materials Arranqement 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 $25,000. B. Rate Schedule Fees shall be charged to the City on a time-and-materials basis for tasks performed under Exhibit B, entitled Scope of Work and Schedule, in accordance with the schedule of rates and charges outlined below: Position Billing Rate Principal $175 Senior Associate $145 Associate $125 Analyst $100 Research Assistant $80 Word Processor/Graphic Artist $60 Clerical $50 Page 16 2-20 12. Materials Reimbursement Arrangement If the City requests for additional insured certificates, messenger services, overnight mail costs, and copies of reports, documents, notices, and support material in excess of five (5) copies, Consultant will charge these costs at actual expense, plus a 10% surcharge. 13. Contract Administrators: City: Eric Crockett, Redevelopment Manager Consultant: Kathleen Rosenow 14. Liquidated Damages Rate: Not Applicable 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 2 radial miles of Project Property, if any: None 16. Consultant is Real Estate Broker and/or Salesman: Not applicable 17. Permitted Subconsultants: Not applicable 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: 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: Page 17 2-21 19 Security for Performance Performance Bond, $ Letter of Credit, $ Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 18 2-22 EXHIBIT B AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES SCOPE OF SERVICES Target completion date for all services: 180 days effective date of agreement, or acceptance deliverables by City, whichever occurs last. from the of all 1. Education Revenue Augmentation Fund (ERAF) Extension Consultant shall research California Redevelopment Law to determine which, if any, of the City's redevelopment project areas are eligible to have their expiration date and/or ability to collect tax increment revenue extended. Consultant shall prepare the ordinances required to secure the ERAF extensions for eligible project areas, and shall detail the steps that must be taken to make other project areas eligible. 2. Amendments to the Bayfront/Town Centre I Merged Project Area Plan Consultant shall amend the Merged Bayfront/Town Centre I proj ect Area Plan to delete land use designations, and defer to the City's General Plan Update and Urban Core Specific Plan. The Consultant shall: A. Prepare Necessary Documents: Prepare the text amendment to the Redevelopment Plan and the Report to the City Council pursuant to Section 33352 of the California Redevelopment Law (CRL). B. Attend Community Forum .Meetinq(sl Attend and/or conduct one or more community forum meetings prior to the joint public hearing. C. Prepare Mailinq Lists: Prepare taxing entity, assessee, resident, business, and interested party mailing lists to be used for mailing all notices required by the CRL. D. Prepare Required Notices: Prepare all notices required by the CRL including, but not limited to: the notice 1 2-23 pursuant to Section 33327 of the CRL; the published and mailed notice of community forum meeting (s); and the published and mailed notice of joint public hearing for property owners, businesses, residents and persons, firms or corporations which have acquired property within the Project Area from the City. E. Attend the Joint Public Hearinq: attend and present information hearing. If requested by staff, at the joint public F. Prepare reports prepare CRL. Staff Reports and Follow-up: Draft all staff needed to proceed with the amendment and follow-up correspondence as required by the G. Prepare Written Responses needed, prepare written objections received at the to Written Ob-iections: If responses to any written joint public hearing. 3. Reinstitute the Project Area Area Redevelopment Project Committee (PAC) for the Added Consultant shall assist the Added Area PAC. bylaws, and developing responsibilities. the City in its efforts to revive Work tasks include drafting PAC a framework for PAC roles and 2 2-24 AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES This agreement ("Agreement"), dated the 19th of July of 2005 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 City is seeking professional consultant services to assist the City in preparing Five-Year Implementation Plans for the Bayfront/Town Centre I and Merged Chula Vista Redevelopment Project Areas; and WHEREAS, the preparation of Five-Year Implementation Plans is a requirement of Redevelopment Agencies pursuant to Section 33490 of the California Community Redevelopment Law; and WHEREAS, the Consultant was selected due to their extensive experience of working with the City on previous redevelopment project area adoptions and amendments; and WHEREAS, the City is waiving the formal consultant selection process based on the limited market for this type of service, the Consultant's intimate knowledge of the City's redevelopment project areas, and their satisfactory work performance on previous plan amendments and adoptions; and WHEREAS, Consultant warrants and represents that it is experienced and staffed in a manner such that it is 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 2-25 Obligatory provisions Pages NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. Page 2 2-26 E. Standard of Care Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss 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. G. Proof of Insurance Coverage. (1) Certificates of Insurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required Page 3 2-27 under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Security for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. I. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City Page 4 2-28 A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. Page 5 2-29 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is of the essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in 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. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. 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. Page 6 2-30 C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately advise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance of this Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Page 7 2-31 Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Consultant shall defend, indemnify, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys fees) arising out of or alleged by third parties to be the result of the negligent acts, errors or omissions or the willful misconduct of the Consultant, and Consultant's employees, subcontractors or other persons, agencies or firms for whom Consultant is legally responsible in connection with the execution of the work covered by this Agreement, except only for those claims, damages, liability, costs and expenses (including without limitations, attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers, employees. Also covered is liability arising from, connected with, caused by or claimed to be caused by the active or passive negligent acts or omissions of the City, its agents, officers, or employees which may be in combination with the active or passive negligent acts or omissions of the Consultant its employees, agents or officers, or any third party. With respect to losses arising from Consultant's professional errors or omissions, 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) except for those claims arising from the negligence or willful misconduct of 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. Consultant's obligations under this Section shall not be limited by any prior or subsequent declaration by the Consultant. Consultant's obligations under this Section shall survive the termination of this Agreement. 8. Termination of Agreement for Cause Page 8 2-32 If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and Page 9 2-33 shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless'a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this Page 10 2-34 reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. good over Upon request by City, Consultant shall meet and confer in faith with City for the purpose of resolving any dispute the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to 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. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, Page 11 2-35 postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. Page 12 2-36 SIGNATURE PAGE TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 2005 City of Chula Vista by: Steve Padilla, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: Ann Moore, City Attorney Dated: 1-//-05 Rosenow Spevacek Group, Inc. By:j~/j~/2tr-- K thleen Rosenow Principal Exhibit List to Agreement (X) Exhibit A. (X) Exhibit B. Page 13 2-37 EXHIBIT A TO AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. FOR PROFESSIONAL CONSULTANT SERVICES 1. Effective Date of Agreement: July 19, 2005 2. City-Related Entity: () City of Chula Vista, a municipal chartered corporation of the State of California (X) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: [insert business form] , a ("City") 3. Place of Business for City: Community Development Department City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 4. Consultant: Kathleen Rosenow, Principal Rosenow Spevacek Group, Inc. 5. Business Form of Consultant: ) Sole Proprietorship ) Partnership x) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: Rosenow Spevacek Group, Inc. 309 West 4~ Street Page 14 2-38 Santa Ana, CA 92701 b: (714) 541-4585 f: (714) 541-1175 7. General Duties: Consultant shall assist the City in developing Five-Year Implementation Plans for the Bayfront/Town Centre I Merged and Merged Redevelopment Project Areas. Duties include assisting the City in preparing overall goals and objectives that address the elimination of blight for each project area. Specific projects that will implement the goals and objectives and anticipated expenditures for each project area shall also be identified. The Consultant will also assist the City in identifying housing programs and activities that address the preservation, improvement, and rehabilitation of affordable housing. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Exhibit B B. Date for Commencement of Consultant Services: x) Same as Effective Date of Agreement Other: C. Dates or Time Limits for Delivery of Deliverables: See Exhibit B D. Date for completion of all Consultant services: 100-days from the effective date of this Agreement or acceptance of all deliverables by City, whichever occurs last. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability InSUrance coverage: $1,000,000. () Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . Page 15 2-39 10. Materials Required to be Supplied by City to Consultant: Under discretion of the Contracts Administrator, any information, data, items, and materials Consultant requests access to for the purposes of achieving the objectives of this Agreement, which are not otherwise privileged or unavailable for disclosure. 11. Compensation: Hourly Rate Arranqement For performance of all 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 herein below according to the following terms and conditions: A. Not-to-Exceed Limitation on Time and Materials Arranqement 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 $24,000. B. Rate Schedule Fees shall be charged to the City on a time-and-materials basis for tasks performed under Exhibit B, entitled Scope of Work and Schedule, in accordance with the schedule of rates and charges outlined below: Position Billing Rate Principal $175 Senior Associate $145 iAssociate $125 IAnalyst $100 Research Assistant $80 Word Processor/Graphic Artist $60 Clerical $50 Page 16 2-40 12. Materials Reimbursement Arrangement None, the compensation includes all costs. 13. Contract Administrators: City: Eric Crockett, Redevelopment Manager consultant: Kathleen Rosenow 14. Liquidated Damages Rate: Not Applicable 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 2 radial miles of Project Property, if any: None 16. Consultant is Real Estate Broker and/or Salesman: Not applicable 17. Permitted Subconsultants: Not applicable 18 Bill Processing: A. Consultant's Billing to be submitted for the following period of time: 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, $ Page 17 2-41 Other Security: Type: Amount: $ Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: Retention Percentage: Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: Page 18 2-42 EXHIBIT B AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AND ROSENOW SPEVACEK GROUP INC. SCOPE OF SERVICES I. Data Collection - Scoping Meeting (Target Completion Date: July 2005) Consultant shall hold a scoping conference with staff to: . Discuss and further refine the scope and objectives of the Implementation Plans. . Review the existing Implementation Plans and gather information on current status of projects and programs identified in the prior documents. . Identify key resource people and collect all pertinent documents which could include: budgets; financial information; work programs; the City housing element; capital projects budgets; infrastructure studies; market studies; and baseline data on housing construction, rehabilitation and numbers of deed-restricted affordable housing. . Review current problems, needs, and opportunities for the Project Areas. . Review current and proposed Agency implementation projects and programs. . Identify key planning and political issues affect the preparation and adoption Implementation Plans. that would of the . Identify non-Agency fu~ding sources for desired projects. II. Project Adoption Schedule (Target Completion Date: July 2005) Consultant shall update and refine the adoption schedule, taking into consideration input from the scoping meeting and data collection and desired timeline. 1 2-43 III. Field Reconnaissance (Target Completion Date: July 2005) Consultant shall conduct field project area to familiarize conditions of blight, project completed redevelopment projects, within the City. reconnaissance of the themselves with the implementation sites, and the housing product IV. Data Analysis - Delineate Goals and Objectives (Target Completion Date: August 2005) Working with the existing Implementation Plans and data and field survey results, Consultant shall verify the goals and objectives, and update the status of the proposed implementation projects/programs incorporated into the Implementation Plan. V. Identify Projected Revenues and Non-Housing Expenditures for Next Five Years (Target Completion Date: August 2005) Consultant shall prepare project area revenue projections for the Project Area and work with staff to estimate potential expenditures for the projects and programs identified in the plan. VI. Prepare Housing Compliance/Implementation Plan (Target Completion Date: August 2005) A. With staff input, Consultant shall prepare the housing compliance/implementation plan including revenue and expenditure projections for the Agency's Housing Fund. The Plan shall additionally address the following requirements: . Section 33334.2 of the California Community Redevelopment Law (CRL) - The Agency's obligation to use twenty percent, (20%) of its tax increment revenue to increase, -- improve, and preserve the community's supply of low and moderate-income housing. Consultant shall conduct a review of the status of the Agency's Housing Funds to determine whether, during the Housing Program term, there is a potential excess surplus problem. . Section 33334.4 of the CRL policies regarding the expenditure of low and moderate housing funds 2 2-44 over the duration of the Redevelopment Plan. Monies in the fund should assist housing in the same proportion as the total number of housing units needed for moderate, low, and very low income households, as identified in the fair share allocation model presented in the City's Housing Element. The Implementation Plan shall provide US Census data to quantify the percentage of residents within the City that are over 65 years of age. This represents the maximum percentage that the Agency can allocate to senior citizen housing projects over the ten-year period of the Housing Implementation Plan. · Section 33413 (a) of the CRL - The need, if any, for the Agency to provide replacement housing units. If implementation of any of the non- housing and/or housing projects identified within the Five-Year Implementation Plans destroy or remove units, the housing program must identify locations for replacement units. Further, any outstanding replacement housing needs resulting from previous redevelopment projects will be identified and incorporated into the housing plan. · Section 33413 (b) of the CRL - The need to provide deed-restricted affordable housing units at a rate of 0.15:1 for every new or substantially rehabilitated unit developed by private interests in the Project Area. Known as the "inclusionary" housing requirement, the Five-Year Implementation Plan must quantify the number of residential units that have or will be created in the project area, the resulting affordable housing need, and how this need will be met. B. Consultant shall prepare the housing production plan, which will involve the following tasks: 1. Conduct needs affordable housing date for the various assessment/fulfillment production requirements project areas: of to a. Identify the number destroyed or refuoved adoption of the project of dwelling by the Agency areaSj units since b. Identify the constructed in adoption: number the of dwelling proj ect areas units since i. Privately developed units ii. Agency-developed units 3 2-45 c. Identify the rehabilitated adopted. number since the of dwelling proj ect areas units were d. Of la - lc, delineate the number of dwelling units which have been created or rehabilitated and reserved for: i. Very low income households 11. Low income households iii. Moderate-income households 2. Project the number of dwelling units to be privately developed/rehabilitated during the next five (5) years, ten (10) years, and over the life of the Project Area: a. Identify the projected number of units to be developed within the project areas. b. Identify the projected number of units to be rehabilitated within the project areas. c. Of 2a and 2b, identify the proj ected number of dwelling units that must be made available to: i. Very low income households 11. Low income households iii. Moderate-income households 3. Project the number of dwelling units to be developed/rehabilitated by the Agency during the next five (5) years, ten (10) years, and over the life of the Project Areas: a. The number of units to be developed wi thin the project areas. b. The number of units to be rehabilitated within the project areas. c. Of 3a and 3b, . calculate the number of dwelling units that must be available to: i. Very low income households 11. Low income households iii. Moderate-income households 4. Review affordable housing goals, objectives, and programs contained in the City's Housing Element. 4 2-46 5. Project City/Agency revenues to fund affordable housing production. 6. Delineate implementation projects/programs and sites for housing development in sufficient detail to measure performance, including on an annual basis, expenditures, and number of units developed, rehabilitated, destroyed, or assisted. 7. Develop a schedule of actions for implementing the housing compliance/implementation plan. VII. Draft the Implementation Plan (text) and Develop Implementation Matrix (Target Completion Date: August 2005) Draft the Implementation Plan documents and develop implementation matrixes that link goals, objectives, projects, and expenditures identifying and demonstrating how these activities will: A. Eliminate blight. B. Implement the housing fund requirements set forth in CRL Sections 33334.2, 33334.4, 33334.6 and 33413. VIII. Adoption of the Implementation Plans (Target Completion Date: September 2005) A. Review the draft Implementation Plans with staff, and prepare final draft incorporating comments received. B. Attend staff and Agency and/or public forum meetings/hearings as desired by staff. Meetings in excess of the two (2) noted would be billed on a time-and-materials basis outside of the fixed-fee figure. C. Consultant shall prepare the public hearing notice and prepare the necessary staff report and appropriate resolution. Upon adoption of the Implementation Plans, Consultant shall provide 10 copies of the finalized document, as well as a copy on computer disk in Microsoft Word format. 5 2-47 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE POSITION OF SENIOR COUNCIL ASSISTANT WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City ofChula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Deputy City Manager, Administrative Services Manager, Deputy Fire Chief, Assistant Fire Chief, Assistant Chief of Police, Assistant Director of Finance, Assistant Director of Budget and Analysis, Fiscal Operations Manager, Funds Development Strategic Planning Manager, Purchasing Agent, Treasury Manager, Assistant Director of Human Resources, Director of Employee Development, Risk Manager, Assistant Director of Public Works and Operations, Assistant Director of Building and Housing, Deputy Building Official, Building Services Manager, Building and Park Construction Manager, Parks and Open Space Manager, Assistant Director of Recreation, Housing Coordinator, Real Property Manager, Transit Coordinator, Assistant Director of Community Development, Community Relations Manager, Western Chula Vista Development Manager, Traffic Engineer, Deputy Director of Engineering, Assistant Library Director, Chief Learning Officer, Director of Communications, Police Captain, Director of Conservation and Environmental Services, Deputy Director of Planning, Assistant Director of Planning, Special Planning Projects Manager, General Plan Project Manager, Chief of Staff, Constituent Services Manager, Community Liaison (Assigned to the Office of the Mayor and City Council), California Border Alliance Group Deputy Executive Director, California Border Alliance Group Budget Manager, California Border Alliance Group Meth. Strike Force Coordinator, California Border Alliance Group Operations/Intelligence Coordinator, California Border Alliance Group Program Manager, California Border Alliance Group Program Analyst, California Border Alliance Group Management Assistant, California, Border Alliance Group Regional Computer Forensic Laboratory Network Engineer, California Border Alliance Group Executive Assistant, Energy Services Manager, Communications Manager, Office Specialist (Mayor's Office), Intergovemmental Affairs Coordinator, Human Resources Operations Manager, Director of Budget and Analysis, California Border Alliance Group Network Manager, California Border Alliance Group Network Administrator I, California Border Alliance Group Network Administrator II, California Border Alliance Group Graphics DesignerlWeb Master, Deputy Director of General Services, Senior Council Assistant. SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. 3-1 Ordinance 3000 Page 2 Submitted by Approved as to form by ~~~ Edward Van Eenoo Director of Budget and Analysis PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 26th day of April, 2005, by the following vote: AYES: Councilmembers: Castaneda, Davis, Rindone and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: McCann Stephen C. Padilla, Mayor ATTEST: Susan Bigelow, MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 3000 had its first reading at a regular meeting held on the 19th day of April, 2005 and its second reading and adoption at a regular meeting of said City Council held on the 26th day of April, 2005, Executed this 26th day of April, 2005. Susan Bigelow, MMC, City Clerk 3-2