HomeMy WebLinkAboutCDC/2010-29
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RESOLUTION NO. CDC/2010-29
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., TO PROVIDE
CONSUL T ANT SERVICES IN CONNECTION WITH MERGING AND
AMENDING CERTAIN REDEVELOPMENT PROJECT AREAS FOR THE
PROPOSED AREA B WEST PROJECT AREAS MERGER AND PLAN
AMENDMENTS (STATE COLLEGE, CENTRAL CITY WEST,
NORTHWEST, UPTOWN, MT. VERNON, AND 40TH STREET
REDEVELOPMENT PROJECT AREAS)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
11 public body, corporate and politic existing under the laws of the State of California, Community
12 Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is charged with the
13 mission of redeveloping blighted and underutilized land; and
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WHEREAS, the Community Development Commission of the City of San Bernardino (the
15 "Commission") is the governing body for the Agency; and
WHEREAS, the CRL Sections 33485 through and including 33489 deals with the merger of
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17 project areas; and
WHEREAS, the CRL Sections 33450 through and including 33458 deals with amending
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19 redevelopment project area plans; and
WHEREAS, in August 2008, the Agency embarked on an effort to merge and/or amend
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21 multiple redevelopment project areas, and that redevelopment project areas on the east and west sides of
22 the City of San Bernardino would benefit from the merger/amendment process; and
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WHEREAS, in mid 2009, the Agency selected consultants after a formal proposal process to
24 conduct the necessary analysis and prepare the necessary plan and environmental documentation,
25 and started work on the east side redevelopment project areas (known as the San Bernardino Merged
26 Area A Merger and Amendments); and
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WHEREAS, the Rosenow Spevacek Group, Inc. (the "Consultant") is now preparing the
28 redevelopment plan merger and amendment documentation for the Merged Area A redevelopment
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1 project; and
2 WHEREAS, the Agency now desires to move forward with the west side redevelopment
3 areas, Area B: West Project Areas Merger and Plan Amendments; and
4 WHEREAS, in order to meet an adoption date of October 2011, the Agency needs to start
5 preparation of the necessary redevelopment plan and environmental documents, and approached the
6 Consultant to provide the necessary services to prepare the required redevelopment plan merger and
7 amendment documents for the Area B Merger and Plan Amendment Project; and
8 WHEREAS, on April 22, 2009, the Redevelopment Committee of the Economic
9 Development Agency of the City of San Bernardino (the "Redevelopment Committee")
10 recommended to the Commission approval of an agreement for professional services (the
11 "Agreement"), attached hereto, by and between the Agency and the Consultant to accomplish any
12 and all tasks necessary to prepare and complete the merger and amendment of certain
13 redevelopment projects areas (State College, Central City West, Northwest, Uptown, Mt. Vernon,
14 and 40th Street) for the Area B Merger and Plan Amendment Project; and
15 WHEREAS, the Redevelopment Committee recommended that the Commission approve
16 this Agreement and authorize the Interim Executive Director of the Agency to execute said
17 Agreement.
18 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
19 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
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Section 1.
The Commission hereby approves the Agreement and hereby authorizes the
21 Interim Execute Director of the Agency to execute the Agreement with the Consultant on behalf of
22 the Agency, together with any technical and conforming changes as may be recommended by the
23 Interim Executive Director of the Agency and approved by the Agency Counsel.
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Section 2.
This Resolution shall take effect from and after its date of adoption by this
25 Commission.
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CDC/2010-29
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE
INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE
AGENCY AND ROSENOW SPEV ACEK GROUP, INC., TO PROVIDE
CONSUL TANT SERVICES IN CONNECTION WITH MERGING AND
AMENDING CERTAIN REDEVELOPMENT PROJECT AREAS FOR THE
PROPOSED AREA B WEST PROJECT AREAS MERGER AND PLAN
AMENDMENTS (STATE COLLEGE, CENTRAL CITY WEST,
NORTHWEST, UPTOWN, MT. VERNON, AND 40TH STREET
REDEVELOPMENT PROJECT AREAS)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a joint regular meeting
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thereof, held on the 7th day of June , 2010, by the following vote to wit:
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Commission Members: Ayes Nays Abstain Absent
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MARQUEZ x
-
13 DESJARDINS
x
14 BRINKER
x
15 SHORETT x
16 KELLEY x
17 JOHNSON x
18 MC CAMMACK x
secr~
21 tCJ
The foregoing Resolution is hereby approved this ~~_day of Jun~__
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,2010.
~~
atric J .M~rris~Ch~n
Community Development Commission
of the City of San Bernardino
Approved as to Form:
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27 By: ~
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
ROSENOW SPEV ACEK GROUP, INCORPORATED
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered
into as of May 17,2010 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO ("Agency"), a public body, corporate and politic, and ROSENOW SPEV ACEK
GROUP, INCORPORATED, ("Consultant").
NOW, THEREFORE, IN CONSIDERA TION OF THE COVENANTS AND MUTUAL
PROMISES CONT AINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
1. SUPERVISION OF CONSULT ANT. The Agency Staff designated in Exhibit "A" shall be
responsible for the direction of any work to be performed by the Consultant and any other
consultants or sub-consultants to the Agency under this Agreement. The Consultant shall not
undertake any work under the terms of this Agreement, unless instructed to do so by one of the
designated staff members. No other staff member is authorized by the Agency to request services
from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first
appearing in this Agreement and will terminate upon the completion of the services described in
the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this
Agreement. The Agency reserves the right through the actions of the Interim Executive Director
to terminate this Agreement at anytime either with or without cause and at the sole convenience of
the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon
the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse
the Consultant for all services, materials and supplies as may have been furnished to the Agency in
accordance with the Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide
the professional consulting services set forth in the Scope of Services attached hereto as Exhibit
"B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work
set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate Agency representative.
4. PA YMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$296,150 for completion of the services described in the Scope of Services set forth in
Exhibit "B." In addition, at the option of the Agency and pursuant to subsequent official
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action of the governing body of the Agency, Consultant agrees to provide the Optional
Services as set forth in said Exhibit "B" for the not to exceed dollar amounts as provided
therein.
B. The compensation designated in subsection 4. A. shall be the Total Fee for the
performance of the work and the delivery of the final work product materials, as set forth
in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of
all sub-consultants retained by the Consultant and all employees of the Consultant to
perform work pursuant to this Agreement and shall be inclusive of all costs and expenses
incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies
and such other expenses related to completion of the work set forth in the Scope of
Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under this
Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency of the City of San Bernardino
Attention: Jeffrey Smith, AICP, Senior Urban Planner
20 I North "E" Street, Suite 301, San Bernardino, California 92401
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which the
invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the
individual personnel of the Consultant and any individual sub-consultants utilized by the
Consultant, during the time period covered by the invoice, a description of the professional
services rendered on a daily basis by each named individual during such time period, the
respective hourly rates of each named individual and the actual time expended by each
named individual. Each invoice of the Consultant shall be accompanied by copies of all
third party invoices for other direct costs incurred and paid by the Consultant during such
time period. The Agency shall pay all amounts set forth on the invoices of the Consultant
and approved by the authorized Agency Staff personnel who requested the services, within
thirty (30) days after such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other
records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the
Consultant and available to the Agency for examination and for purposes of performing an audit
for a period of five (5) years from the date of expiration or termination of this Agreement or for a
longer period, as required by law. Such records shall be available to the Agency and to
appropriate county, state or federal agencies and officials for inspection during the regular
business hours of the Consultant. If the Consultant does not maintain regular business hours, then
such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday
through Friday, excluding federal and state government holidays. In the event of litigation or an
audit relating to this Agreement or funds paid to the Consultant by the Agency under this
Agreement, such records shall be retained by the Consultant until all such litigation or audit has
been resolved.
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6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its
officers, employees, representatives, and agents from and against any and all actions, suits,
proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees,
for injury or damage of any type claimed as a result of the negligent acts or omissions of the
Consultant, its officers, employees, sub-consultants and agents, to the extent arising from or
related to negligent performance by the Consultant of the work required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit 'Ie" to this
Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the
Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable
insurance for all losses and damages incurred by the Agency that are caused directly or indirectly
through the actions or inactions, willful misconduct or negligence of the Consultant in the
performance of the duties incurred by the Consultant pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMA TION. All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents generated by or on behalf of the Consultant for
performance of the work (collectively, the "Work Products") set forth in the Scope of Services
shall upon payment for those services embodying the particular element of the Work Products,
become the sole property of the Agency, and the Work Products shall thereafter be delivered to the
Agency upon written request from the Agency to the Consultant. The Consultant shall not make
use of any maps, photographs, data, information, reports, drawings, specifications, computations,
notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations,
correspondence or other documents and other materials whether for marketing purposes or for use
with other clients when such have become the property of the Agency without the prior express
written consent of the Agency except to the extent that such maps, photographs, data, information,
reports, drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other documents are readily
available to the general public as public records pursuant to State law; provided, however, that the
Consultant may retain copies of any such items for their business records.
The Consultant shall execute, acknowledge and perform any and all acts which shall reasonably
required in order for the Agency to establish unequivocal ownership of the maps, photographs,
data, information, reports, drawings, specifications, computations, notes, renderings, designs,
inventions, photographs, modifications, adoptions, utilizations, correspondence or other
documents and record, register and procure an issuance in or to the Agency's rights, title and/or
interest. Any reuse without written verification or adaptation by the Consultant for the specific
purpose intended will be at the Agency's sole risk and without liability or legal exposure to the
Consultant.
9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or
confirmation of the same related to the work to be performed by the Consultant under this
Agreement shall only be made by the Consultant with the prior written consent of the Agency.
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10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep
confidential all reports, survey notes and observations, information, and data acquired or generated
in performance of the work set forth in the Scope of Services, which the Agency designates
confidential. None of such designated confidential materials or information may be made
available to any person or entity, public or private, without the prior written consent of the
Agency.
11. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or provision
of this Agreement shall constitute a default under this Agreement; provided, however, that
if the party who is otherwise claimed to be in default by the other party commences to
cure, correct or remedy the alleged default within seven (7) calendar days after receipt of
written notice specifying such default and shall diligently complete such cure, correction or
remedy, such party shall not be deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of default
to the party in default, specifying the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided,
however, the injured party shall have no right to exercise any remedy for a default
hereunder without delivering the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties under this Agreement are cumulative
and the exercise by any party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
D. In the event that a default of any party to this Agreement may remain uncured for more
than seven (7) calendar days following written notice, as provided above, a "breach" shall
be deemed to have occurred. In the event of a breach, the injured party shall be entitled to
seek any appropriate remedy or damages by initiating legal proceedings.
12. TERMINATION.
A. This Agreement may be terminated by either party for any reason by giving the other party
fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for
all work authorized by the Agency and completed, prior to the effective termination date.
B. In the event of a termination of this Agreement under this Section 12, the Consultant shall
provide all documents, notes, maps, reports, data or other work product developed in
performance of the Scope of Services of this Agreement to the Agency, within ten (10)
calendar days of such termination and without additional charge to the Agency.
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13. NOTICE. All notices given hereunder shall be in writing. Notices shall be presented in person or
by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below.
Notice presented by United States Mail shall be deemed effective on the third business day
following the deposit of such Notice with the United States Postal Service. This Section 13 shall
not prevent the parties hereto from giving notice by personal service or telephonically verified fax
transmission, which shall be deemed effective upon actual receipt of such personal service or
telephonic verification. Either party may change their address for receipt of written notice by
notifying the other party in writing of a new address for delivering notice to such party.
CONSULTANT:
Rosenow Spevacek Group, Incorporated
Attention: Felise Acosta
309 West 4th Street
Santa Ana, California 92701
AGENCY:
Redevelopment Agency of the City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 92401
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws,
including, but not limited to, environmental acts, rules and regulations applicable to the work to be
performed by the Consultant under this Agreement. The Consultant shall maintain all necessary
licenses, including a City of San Bernardino Business License, and registrations for the lawful
performance of the work required of the Consultant under this Agreement.
15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis
of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in
the performance of the Scope of Services of this Agreement. Without limitation, the Consultant
hereby certifies that it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall
promote affirmative action in its hiring practices and employee policies for minorities and other
designated classes in accordance with federal, state and local laws. Such action shall include, but
not be limited to, the following: recruitment and recruitment advertising, employment, upgrading
and promotion. In addition, the Consultant shall not exclude from participation under this
Agreement any employee or applicant for employment on the basis of age, handicap or religion in
compliance with State and Federal laws.
16. CONSULTANT AND EACH SUB-CONSULTANT ARE INDEPENDENT CONTRACTORS.
The Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its sub-
consultants shall at any time or in any manner represent that it or any of its employees are
employees of the Agency or any member agency of the Agency. The Agency shall not be
requested or ordered to assume any liability or expense for the direct payment of any salary, wage
or benefit to any person employed by the Consultant or its sub-consultants to perform any item of
work described in the Scope of Services. The Consultant is entirely responsible for the immediate
payment of all sub-consultant liens.
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17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and
independent covenant and agreement. If any term or provision of this Agreement or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted
by law.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties.
This Agreement supersedes all prior negotiation, discussions and agreements between the parties
concerning the subject matters covered herein. The parties intend this Agreement to be the final
expression of their agreement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by
written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written form
and executed by each of the parties hereto, following all necessary approvals and authorizations
for such execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
Any legal action arising from or related to this Agreement shall be brought in the Superior Court
of the State of California in and for the County of San Bernardino.
21. NON-WAIVER. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the same provision or any remaining
provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written
consent of the Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this
Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind
the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Agreement may be executed III one (1) or more
counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be
binding on the Agency until signed by an authorized representative of the Consultant, approved by
the Agency and executed by the Interim Executive Director or his designee.
26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to
the Agency or the City at the time of execution of this Agreement except as previously disclosed
to the Agency Staff and in particular with respect to other work being performed by the Consultant
for the (i) Not Applicable, and (ii) Not Applicable. The Consultant hereby agrees that, during the
term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the
date indicated next to the authorized signatures of the officers of each of them as appear below.
AGENCY
Dated: bit b / U'i 0
I
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By j{l.te-
Emil A. Marzullo, Inte
Approved as to Form and Legal Content:
BY\~
'"'Agency C sel
CONSULTANT
Dated: 0 f:/;t/ lie
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detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents
and warrants to the Agency that the Consultant and any partnerships, individual persons or any
other party or parties comprising the Consultant, together with each sub-consultant who may
hereafter be designated to perform services pursuant to this Agreement, do not have and, during
the term of this Agreement, shall not acquire any property ownership interest, business interests,
professional employment relationships, contractual relationships of any nature or any other
financial arrangements relating to the Agency, property over which the Agency has jurisdiction or
any members or staff of the Agency that have not been previously disclosed in writing to the
Agency, and that any such property ownership interests, business interests, professional
employment relationships, contractual relationships or any nature or any other financial
arrangements will not adversely affect the ability of the Consultant to perform the services to the
Agency as set forth in this Agreement.
27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the
Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related
services. The Agency may, during the term of this Agreement, Agreement with other consultants
for the performance of the same, similar or related services as those that may be performed by the
Consultant under this Agreement. The Agency reserves the discretion and the right to determine
the amount of services to be performed by the Consultant for the Agency under this Agreement,
including not requesting any services at all. This Agreement only sets forth the terms upon which
any such services will be provided to the Agency by the Consultant, if such services are requested
by the Agency, as set forth in this Agreement.
28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant
agree that except as otherwise provided in this Section 28, in no event will either be liable to the
other under this Agreement for any damages including but not limited to, special damages, loss of
revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including breach of Agreement, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of
Agreement, tort, strict liability or otherwise of the Consultant and the Agency, their employees or
sub-consultants.
29. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall
obtain immediately after the execution and delivery of this Agreement, and maintain during the
period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5
of the City of San Bernardino Municipal Code, together with any and all other licenses, permits,
qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
III
III
III
III
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EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
Emil Marzullo, Interim Executive Director
Don Gee, Deputy Director
Jeffrey Smith, AICP, Project Manager
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EXHIBIT "B"
SCOPE OF SERVICES
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PROPOSAL FOR CONSULTING SERVICES -
MERGER & AMENDMENTS TO STATE COLLEGE, CENTRAL CITY
WEST, NORTHWEST, UPTOWN, MT. VERNON AND 40TH STREET
REDEVELOPMENT PROJECT AREAS
SAN BERNARDINO ECONOMIC DEVEVELOPMENT AGENCY
ROSENOW SPEV ACEK GROUP, INC.
309 West 4th Street
Santa Ana, CA 92701
April 19, 2010
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TABLE OF CONTENTS
Transmittal Letter....................................................................................... ..........................1
Rosenow Spevacek Group Inc. .............. ......... ....................... ....................... .................. ....3
Redevelopment.................................................................................................................. .4
Recent Redevelopment Project Experience..................................... ...................................6
Project Team & Resumes..................................................................................................11
Approach.......................................................................................................................... .22
Scope of Services.............................................. ............................. ............................. ..... .26
Schedule.............................................................................................. ............................. .32
Fee Proposal.................................................................................................................... .33
RSG Included Work Product........................ .................................................................... .35
CDC/2010-29
ROSENOW SPEVACEK GROUP INC.
309 WEST 4TH STREET
SANTA ANA, CALIFORNIA
92701-4502
T 714 541 4585
F 714 5411175
E INFOaWEBRSG,COM
WFBRSGCOM
Via Electronic Mail
April 19, 2010
Mr. Emil Marzullo, Executive Director
Mr. Donald Gee, Deputy Executive Director
SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
201 North E Street, Suite 301
San Bernardino, CA 92401-1507
PROPOSAL FOR CONSULTING SERVICES-PROPOSED REDEVELOPMENT PLAN
MERGER AND AMENDMENTS - STATE COLLEGE, CENTRAL CITY WEST,
NORTHWEST, UPTOWN, MT. VERNON AND 40TH STREET REDEVELOPMENT
PROJECT AREAS
Dear Mr. Marzullo and Mr. Gee:
Thank you for the opportunity to submit this proposal for redevelopment plan merger and
amendment services. RSG understands that the San Bernardino Economic
Development Agency (UAgency") is seeking a qualified consulting firm to assist the
Agency prepare the documentation leading to consideration of amendments to the State
College, Central City West, Northwest, Uptown, Mt. Vernon and 40th Street Project Areas
(Existing Areas) Redevelopment Plans'. The multiple amendments would accomplish
the following: 1) merge the Project Areas for financial reason; 2) extend the period of
effectiveness and period to receive tax increment for each Project Area by 10 years (as
allowed by the California Community Redevelopment Law [UCRL"]); for the State College
and Central City West Projects 3) prepare a amended and restated redevelopment plan
for the proposed merged area; 4) increase the financial limits establishing one total tax
increment and bonded debt cap for the Existing Areas; 5) updated the Public
Improvement Project's List for the proposed merged area; 6) extend or re-establish
eminent domain for the Existing Areas; and 7) add territory to the Existing Areas.
The amendment procedure required by the CRL for the seven amendment items cited
above is lengthy and detailed. The process requires the detailed review and analysis of
the each of the Existing Areas and the area under consideration for inclusion in an
amendment area(s) as well as consultation with the taxing agencies, stakeholders and
notice to the State. Additionally, a full environmental impact report will have to be
prepared to evaluate the amendments/merger.
REDEVELOPi"ENT PLANNING
REAL ESTATE ECONOMICS
HOUSING
FINANCING
RE,\L ESTATE ACQUISITION
ECONOMIC DEVELOPI"ENT
GOVERNMENT SERViCES
CDC/2010-29
Mr. Emil Marzullo, Executive Director
Mr. Donald Gee, Deputy Executive Director
SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY
April 19, 2010
Page 2
Amendments to merge project areas, extend the term of effectiveness of a
redevelopment plan and the term to collect tax increment, increase the tax increment
and bonded debt limits must follow the requirements of CRL Sections 33333.10, 33354,
and 33451.5.
To accomplish the various required amendment task outlined above RSG presents this
proposal containing a detailed scope of services and fee estimate for the proposed work.
We look forward to being considered for this engagement and will capitalize on the
experience we have gained from working the current Merger for Area A and on
countless other redevelopment plan adoptions and amendments.
Thank you for the opportunity to provide this proposal for consulting services. We look
forward to the opportunity to discuss our proposal in greater detail. We are available to
discuss any aspect of our scope of services, sub-consultants and estimated fee. In the
meantime, should you have any questions, please contact us.
Sincerely,
ROSENOW SPEVACEK GROUP INC.
/
~ tk(ii)
Felise Acosta
Principal
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ROSENOW SPEVACEK GROUP INC.
RSG provides consulting services for public and private agencies. Our experienced professionals
create customized solutions, emerging from an understanding of each community's unique set of
challenges. We specialize in:
Redevelopment Planning Real Estate Economics
Housing Financing
Real Estate Acquisition Economic Development
Government Services
As one of the nation's leading community developers, RSG is able to take the hopes and dreams
of builders, planners and community leaders and create something tangible, a vital place that
meets the needs of all the residents, guests and employees. It's intelligent community
development - a unique, holistic approach to creating living environments.
Taking a project from concept to completion requires:
. Imagination and planning to see the possibilities
Experience and commitment to make it happen
. The ability to focus on the smallest detail, without losing sight of the big picture
. Proactively surfacing unresolved issues and implementing solutions
To provide the best, most transparent services, RSG dedicates a Principal to your project, and
creates a core group of people that works with you on a consistent basis throughout all stages of
the assignment. Our staff is focused, committed and passionate about the work we do.
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REDEVELOPMENT
In 1979, RSG began providing redevelopment consulting services to a few clients. Thirty years
and over 150 redevelopment plans later, redevelopment is still one of our core services.
Redevelopment is something we love to do, and we're highly skilled at the inner workings of its
most complex elements: plan adoption and implementation, financing, development planning,
developer solicitation and selection, real and personal property acquisition, and rehabilitation
program administration.
We understand the diverse interests involved in redevelopment planning, from city officials to
citizens, developers, consultants, technical experts, lawyers, architects, engineers, investment
bankers, even real estate appraisers and transportation agencies. We have earned a reputation
for balancing these diverse interests to move a project forward on a timely basis to its optimum
conclusion; and doing so in a harmonious way that keeps the project moving forward without
causing factions that can cause roadblocks.
Our approach to redevelopment planning is to provide customized services for each client. For
example, in one city we worked as a facilitator between the agency and three project area
committees to discuss the implications of a proposed merger and increase communication and
trust.
For another city, we consulted on an award-winning redevelopment plan adoption and received
unanimous community support just a few years after a prior proposal failed amid citizen protest.
And when a joint powers redevelopment authority came to us for help, we completed a
redevelopment plan under the military base closure act-covering 15,000 acres, 22,000 parcels
and four jurisdictions-within a seven-month time frame.
In cases where cities have limited staff, RSG project team members are available to act as an
extension of staff-preparing staff reports, talking to property owners, meeting with department
heads and transmitting notices.
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CDC/2010-29
Our skill set in this area includes:
· Feasibility Studies
· Revenue Projections
. Plan Adoptions, Amendments and Mergers
. Project Area Committee and Community Outreach
Implementation and Housing Plans
FEASIBILITY STUDIES
Redevelopment project area formation is an expensive and time-consuming process. Before
initiating a plan adoption, amendment or merger, we work with our clients to conduct a
preliminary analysis of the financial, legal and political implications.
REVENUE PROJECTIONS
RSG prepares tax increment revenue projections that delineate anticipated housing set-aside
deposits, taxing agency payments, administrative costs, nonhousing project funds and bonding
capacity.
PLAN ADOPTIONS, AMENDMENTS AND MERGERS
RSG brings over two decades of experience adopting, amending and merging redevelopment
plans to implement community development, housing rehabilitation, commercial revitalization,
hazardous material remediation and other programmatic goals.
PROJECT AREA COMMITTEE AND COMMUNITY OUTREACH
Stakeholder support for redevelopment is more essential today than ever before. RSG can
coordinate, participate or lead community workshops with residents, property owners and
businesses.
IMPLEMENTATION AND HOUSING PLANS
RSG prepares a wide variety of planning documents required by Redevelopment CRL including
five-year implementation plans, replacement housing plans, housing compliance plans, annual
reports and relocation plans.
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CDC/2010-29
RECENT REDEVELOPMENT PROJECT EXPERIENCE
PLAN AMENDMENT - LOS ANGELES
The team of RSG and KBB is currently involved in processing the merger of the CRA/LA's
Broadway/Manchester, Vermont/Manchester, Crenshaw/Slauson, Crenshaw Amended,
Western/Slauson, Normandie 5, and Expo/University Redevelopment Project Areas in its South
Los Angeles Region. Along with merging these seven project areas, the amendment will modify
various financial and time limitations, including eminent domain authority. To date, the process
has involved a number of public meetings, including neighborhood planning groups and other
interested participants. RSG's role is anticipated to include participating in subsequent community
and other public meetings, preparing redevelopment and financial documents, blight
substantiation, coordinating the consultant team, and managing the overall project schedule.
Contact: Carolyn Hull, Regional Admin William Chun, Project Manager
213-977-2642 213.716.0212
PLAN AMENDMENT - SAN JOSE
In 2009, RSG and KBB assisted the San Jose Redevelopment Agency with a major amendment
to its Merged Project Area. The amendment included: (1) an increase to the tax increment
revenue limit from $7.6 billion to $15.0 billion; (2) a $7.6 billion cumulative limit on the amount of
bonded indebtedness outstanding at one time; (3) modification of the list of eligible public
improvements; (4) removal of territory from the Merged Project Area; and (5) the provision to
collect tax increment revenue in a portion of the Merged Project Area that did not include this
authority. RSG's role involved a preliminary feasibility study to assess the necessity for the
amendments and preparing all required reports to amend the Redevelopment Plans for the
Merged Project Area.
Contact: Harry Mavrogenes, Exec Director Bill Ekern, Project Director Eva Terrazas, Project
Manager
408.535.8500
408.795.1862
408.795.1809
BAY POINT AND NORTH RICHMOD REDEVELOPMENT PLAN AMENDMENTS -
CONTRA COSTA COUNTY
In May of 2008 RSG completed work on the Bay Point and North Richmond Redevelopment Plan
amendments to increase the total dollar limit on the amount of tax increment revenues each
project area may receive and the limit on bonded indebtedness that can be outstanding at any
one time for each area. RSG conducted the blight analysis, prepared the Report to the Board of
Supervisors and prepared the Amended Implementation Plans/Midterm Reviews required for the
amendment process. The amendments were successfully adopted in June of 2008.
Contact: James Kennedy, Redevelopment Director 925.335.1255
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MONT AL VIN MANOR REDEVELOPMENT PLAN ADOPTION
- CONTRA COSTA COUNTY
RSG completed a redevelopment plan adoption in June 2003 that enabled the Contra Costa
County Redevelopment Agency to implement a redevelopment program to improve housing
conditions, revitalize commercial uses and expand employment and homeownership
opportunities within the approximately 211-acre Montalvin Manor Contra Costa Area. The Area
located in an unincorporated area of the Contra Costa County is located in the Northwest corner
of the County. Land uses included residential, public, commercial, institutional, and recreational.
The Project Area is overwhelmingly residential, with over 96% of the parcels consisting of small
lot single family homes developed just after the end of World War II.
Contact: James Kennedy, Redevelopment Director 925.335.1255
REDEVELOPMENT PLAN ADOPTION/AMENDMENTS - SACRAMENTO
For the past several years, the Sacramento Housing and Redevelopment Agency has retained
RSG to assist with several redevelopment planning initiatives, including redevelopment feasibility
studies for Army Depot, Fulton Avenue, Arden Fair, and 65th Street, the Northgate
Redevelopment Plan adoption, the 65th Street Redevelopment Plan adoption, and the
Sacramento Army Depot plan amendment. RSG was also selected by SHRA as the consultant
for the Fulton Avenue Redevelopment Plan adoption, since abandoned by the County. RSG
conducted a parcel-by-parcel survey of the project areas, prepared all redevelopment documents,
participated in public meetings, and coordinated the adoption schedule.
Contact: Lisa Bates, Director of Community Development 916.440.1322
REDEVELOPMENT PLAN AMENDMENT - VACAVILLE
In 2006, RSG completed an amendment to the 1-505/1-80 Redevelopment Plan to increase the
tax increment revenue limit from $500 million to $1.5 billion and alter other provisions of the Plan.
RSG's role involved a preliminary feasibility study to assess the necessity for the amendment
(including evaluating whether additional properties should be included in the Project Area).
Despite a three-fold increase in the tax increment revenue limit, no objections to the plan were
filed by any property owners or taxing agencies.
Contact: Bob Macaulay, Project Coordinator 707.449.5611
REDEVELOPMENT PLAN ADOPTIONS/AMENDMENTS - LASSEN COUNTY
Since 2003, the Lassen County Community Development Commission has retained RSG for
several redevelopment plan adoptions and amendments. Utilizing the military base closure
redevelopment procedure, RSG implemented the 2004 plan adoption process for 4,388 acres of
the closed Sierra Army Depot. RSG has worked closely with the CDC to answer inquiries about
military base closure procedures for the Sierra Army Depot. RSG also provided consulting
services to the County for the Westwood Redevelopment Plan which was rejected by the Board
of Supervisors.
Contact:
Monica Cochran, Chief of Economic Development
530.251.8429
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PLAN AMENDMENT - COUNTY OF SONOMA
The Sonoma Springs Redevelopment Project Area is a small historic area in the southeastern
portion of Sonoma County, just north of the City of Sonoma. RSG was retained in 2007 by the
Sonoma County Community Development Commission to assist in a Redevelopment Plan
Amendment to ensure tax increment funding was available to undertake the necessary projects.
This Amendment called for an Amended and Restated Redevelopment Plan to (a) create a
revised public improvement projects list, (b) increase the limitation on the amount of tax
increment revenue that the Commission could receive, (c) increase the limit of outstanding
bonded indebtedness, and (d) update various text provisions to conform to current legal
requirements.
Contact:
Kathleen Kane, Executive Director
707.565.7504
THE GREAT PARK - IRVINE REDEVELOPMENT AGENCY
In 2006, RSG completed a plan adoption that enabled the Irvine Redevelopment Agency to
undertake redevelopment efforts in the Great Park. The Project Area covers 2,700 acres and is
located on the closed EI Toro Marine Corps Air Station. RSG coordinated the overall plan
adoption process, including the preparation and presentation of all redevelopment documents.
Contact: Sharm Landers, Assistant City Manager 949.724.7340
VALLEY DURFEE REDEVELOPMENT PLAN ADOPTION - EL MONTE
REDEVELOPMENT AGENCY
RSG completed a redevelopment plan adoption in June 2003 that enabled the Agency to
undertake redevelopment efforts in the Valley Durfee Project Area. The Project Area covers 164
acres (excluding public rights of way) including 329 dwelling units occupied by lower income
households. Deteriorating industrial, commercial, and office uses are also present.
Redevelopment was needed to assist the residents and help property owners address structures
that were unsafe, obsolete and otherwise blighted and to cope with the changes in the City.
Contact: Gene Moy, Redevelopment Manager 626.580.2249
MERGER/AMENDMENT - CYPRESS REDEVELOPMENT AGENCY
In 2004 RSG successfully assisted the Agency accomplish the following: 1) add a small amount
of territory to the Lincoln Avenue Redevelopment Project; 2) merge for financial reasons the Civic
Center, Lincoln Avenue, and LART Redevelopment Projects to create the Cypress Merged and
Amended Redevelopment Project 3) update and expand the capital improvement projects list for
all Project Areas; 4) update the Civic Center Project Area's land use map and exhibits; and 5)
adopt a single Merged, Amended and Restated Redevelopment Plan to cover the three Existing
Project Areas and including the proposed Added Area.
Contacts: Steve Clarke, Redevelopment Project Manager
David Selmer, Community Development Director
(now wI City of Lake Forest)
714.229.6728
949.461.3437
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EMINENT DOMAIN AMENDMENTS - FONTANA
During 2004, RSG assisted the Fontana Redevelopment Agency in successfully adopting an
eminent domain amendment for their Downtown Project Area. RSG is currently assisting the
Agency in conducting an eminent domain amendment for their North Fontana Redevelopment
Project Area.
Contact:
Ray Bragg, Redevelopment and Special Projects Director
909.350.7697
EMINENT DOMAIN AMENDMENTS - CITY OF SAN BERNARDINO
From 2001 through 2004, RSG assisted the City of San Bernardino Redevelopment Agency in
successfully processing seven (7) eminent domain amendments. Two of these amendments
completed in 2004, for the Uptown Project Area and the Central City North Project Area, required
the documentation of blight remaining and formation of Project Area Committees.
Contact:
Don Gee, Deputy Director
909.663.1044
THE GREAT PARK - IRVINE REDEVELOPMENT AGENCY
In 2006, RSG completed a plan adoption that enabled the Irvine Redevelopment Agency to
undertake redevelopment efforts in the Great Park. The Project Area covers 2,700 acres and is
located on the closed EI Toro Marine Corps Air Station. RSG coordinated the overall plan
adoption process, including the preparation and presentation of all redevelopment documents.
Contact:
Sean Joyce, City Manager
949.724.6249
CITY CENTER PLAN AMENDMENT - BURBANK
In December 1999, the Burbank Redevelopment Agency amended the City Center
Redevelopment Plan to reestablish the Agency's eminent domain authority for 12 years. RSG
coordinated the amendment process, including participation in community meetings, and the
preparation and presentation of all redevelopment documents.
Contact: Ruth Davidson Guerra, Asst. Community Development Director 818.238.5180
WEST OLIVE PLAN AMENDMENT - BURBANK
In early 2000, the County of Los Angeles notified the Burbank Redevelopment Agency that they
had been calculating the amount of tax increment allocated to the West Olive Project Area in
error. The County, who retains 51 % of the Project Area's tax increment, had calculated the total
amount allocated to the Agency on a net basis. The County then noticed the Agency that they
had hit their tax increment cap and suspended payment to the Agency. The West Olive
Amendment was initiated to adjust the tax increment cap to ensure that the Project would receive
a total of $60 million of revenue net of housing set-aside and taxing agency pass throughs. The
Amendment process has been further complicated because the Project Area was sued in 1976
and a Stipulated Judgment between the Agency and the County required prior approval of the
County before the Redevelopment Plan could be amended. Through careful negotiations, the
County has granted the Agency approval to amend the Plan. RSG assisted with County
negotiations and conducted all of the Amendment documentation and financial analysis for this
Project. We also coordinated the Amendment process, including participation in community
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meetings, and the preparation and presentation of all redevelopment documents. The
Amendment was adopted at a joint public hearing on June 19, 2001.
Contact: Ruth Davidson Guerra, Asst. Community Development Director 818.238.5180
MISSION BOULEVARD JOINT PLAN ADOPTION - CITY OF MONTCLAIR AND
COUNTY OF SAN BERNARDINO
RSG completed a redevelopment plan adoption for a 405-acre area within the City of Montclair
and unincorporated County of San Bernardino territory. The project is a joint redevelopment
project requiring cooperation, coordination, and agreement between the City and County to
complete essential public infrastructure and to enhance the housing opportunities for low to
moderate income households and persons. The joint redevelopment project between the City
and County established a unique framework and working relationship that provides for the
implementation of the project. The City and County adopted the project in June 2003.
Contact: Marilyn Staats, Director of Redevelopment/Public Works 909.625.9412
City of Montclair
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PROJ ECT TEAM
Felise Acosta will be the Principal-in-Charge with Ms. Tara Howard, Associate and Hitta
Mosesman, Senior Associate serving as Co-Project Manager for this engagement. In this role,
Ms. Acosta will supervise and coordinate all work and Ms. Howard and Ms. Mosesman will direct
the preparation of all documents, attend meetings, and manage all facets of the Redevelopment
Plan amendment process. Other members of the Project Team will include- Ken Lee, Senior
Associate, Keri Bullock, John Leonard, Kim Wong Senior Analyst and Jane Carlson, Ladunni
Ososami, and Ken Spillberg, - Analysts. Other professional support staff will be assigned as
needed.
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FELlSE ACOSTA
PRINCIPAL
Felise Acosta joined RSG in 1987 and has served as a Principal and shareholder since 1991. She has
over 30 years of experience in community development, governmental management, and redevelopment
from both the public and private sectors. Before joining RSG, Ms. Acosta served for nine years as the
Community Development Officer for the City of Buena Park developing and managing the City's
redevelopment, housing, and economic development programs and activities. Prior to Buena Park, Ms
Acosta served in various planning positions with the City of Carson.
Ms. Acosta serves as Principal-in-Charge and Project Manager for a wide variety of public and private
sector clients requiring consulting assistance in all facets of community development and financial
management. Her tenure in the public sector provides her unique economic and political perspective and
expertise to help clients strategize and execute projects for the greatest level of community impact. She is
widely recognized in California for her expertise in property tax and tax increment revenue analysis.
Ms. Acosta has been directly responsible for redevelopment project area adoptions and/or amendments
to add territory for the cities of Buena Park, Burbank, Carson, Cypress, Firebaugh, Fontana, Lawndale,
Montclair, Palm Desert, Port Hueneme, Poway, Orange, San Bernardino, the Inland Valley Development
Authority (IVDA) for the Norton Air Force Base, the Victor Valley Development Authority for the George
Air Force Base, and the counties of Contra Costa and San Bernardino. She also regularly provides clients
assistance in formulating and implementing affordable housing programs. Recent clients include the cities
of Aliso Viejo, Atwater, Cypress, Fontana, Lake Forest, San Bernardino, and Westminster. In the area of
property tax revenue, Ms. Acosta's recent work includes 2010 Five Year Property Tax Revenue
Projections for the County of Orange's Strategic Plan, the annual preparation of Five Year Property Tax
Revenue Projections for the Orange County Fire Authority, and 2009 Fiscal Consultant Reports for tax
allocation financing for several redevelopment agencies, including the Loma Linda, Hollister, IVDA, and
Westminster Redevelopment Agencies.
By crafting and executing organizational and financial strategies that make lasting imprints in the
community fabric of her client jurisdictions, Felise personally thrives and nurtures her commitment to
community excellence. She is also a natural mentor and believes in building RSG's human capital with a
focus on developing effective leaders in the community development arena.
Education
· BA, Urban Geography, California State University, Long Beach, 1970
RSG Academy
Consulting: the RSG Way
Management and Supervision
Analysis 101
Professional Memberships & Certifications
California Redevelopment Association
California Association for Local Economic Development
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HITTA MOSESMAN
SENIOR ASSOCIATE & PROJECT MANAGER
Hitta Mosesman has over 15 years of consulting expertise in the redevelopment and public finance
arenas. Her broad portfolio of experience in these fields include redevelopment plan adoptions and
amendments, five year implementation plans, ten year housing compliance plans, fiscal consultant
reports, incorporation feasibility analyses, fiscal impact reports, revenue projections, and implementation
projects. In addition to her nine years at RSG, Ms. Mosesman spent part of her career with David
Taussig and Associates, a public finance consulting firm in Newport Beach, California, specializing in the
formation and administration of community facilities and assessment districts and fiscal impact reviews for
school districts and other taxing agencies involved in the redevelopment process.
At RSG, Ms. Mosesman's area of specialization continues to be in redevelopment plan amendments and
mergers, and has worked on over 30 such projects throughout California. The depth of her expertise
provides her the unique knowledge and ability to tackle every aspect of the adoption and amendment
process, including client collaboration, blight research and analysis, financial analysis, document
preparation, and presentations to decision-making bodies and community groups.
Ms. Mosesman is currently Project Manager for redevelopment plan amendments for the San Jacinto
Redevelopment Agency and Grand Terrace Community Redevelopment Agency. These complex
projects involve a variety of financial and policy amendments, including project area merger, increases to
tax increment and bonded indebtedness limits, updating and expansion of capital improvement projects
lists, re-establishment of eminent domain authority, and various amendments to redevelopment plan text.
Ms. Mosesman thrives on the challenges and benefits of these projects because she understands the
clear nexus between the organizational capacity created through the plan amendments and the on-the-
ground, life-changing redevelopment projects that foster socio-economic capacity and well-being in the
local communities.
Improving communities through redevelopment and expanding affordable housing opportunities has been
a strong motivating factor for why she has chosen this line of work for the past two decades. Dynamic
collaboration with clients to form solutions to community problems has been especially exciting and
fulfilling.
Education
· BS, Economics, Minor in Business Management, University of California, 1989
RSG Academy
· Consulting: the RSG Way
Management and Supervision
· Analysis 101
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TARA HOWARD
ASSOCIATE & PROJECT MANAGER
Tara Howard joined RSG in 2004 and has over five years of redevelopment and economic development
experience and has a well-rounded knowledge base in all aspects of community development. During her
time at RSG, Ms. Howard has successfully managed a variety of complex projects for RSG ranging from
redevelopment plan adoptions and amendments to acquisition and relocation services to affordable
housing projects and monitoring, including the award-winning Vista Dunes Courtyard Homes, a LEED
Platinum affordable housing project in the City of La Quinta.
Ms. Howard is a skilled project manager and can navigate a project from beginning to end, including
client collaboration, strategic planning, research and analysis, report writing, community outreach, and
presentations to decision-makers. Recent projects include redevelopment plan adoptions and
amendments, five year implementation plans, economic feasibility studies, excess surplus plans,
affordable housing compliance plans, annual reports, and ongoing consultant services for several cities.
In 2004, Ms. Howard was hired by RSG to assist the La Quinta Redevelopment Agency with the Vista
Dunes Courtyard Homes project. The Agency acquired a dilapidated mobile home park with the vision of
building safe and sanitary affordable housing on the site. RSG provided 360-degree services to the
Agency on the project, from property acquisition to construction management of 80 very-low income
affordable housing units. Ms. Howard was responsible for relocating 92 households, site clearance,
overseeing property management, and marketing the project. Upon completion of the project in 2008,
Vista Dunes Courtyard Homes was the largest multi-family affordable housing project in the nation to
receive LEED Platinum certification. Since then, Vista Dunes has received seven awards, in recognition
of the project's green and sustainable features.
Ms. Howard has been the Project Manager for various assignments with the El Cajon Redevelopment
Agency since 2004 where RSG provides ongoing consulting services. In this role, Ms. Howard is
responsible for coordinating staff communication, drafting redevelopment documents, preparing Agency
financial analyses, affordable housing project and compliance review, and providing other as-needed
services. Ms. Howard recently developed a redevelopment accounting financial model to assist the
Agency with tracking and budgeting redevelopment revenues and expenditures.
RSG's core values (Social and Community Responsibility, Creativity and Innovation, Honest and Ethical
Behavior above all else, and Excellence in Products and Services) speak to Tara's personal values.
She is engaged in community and economic development services to positively impact the communities
that RSG serves, thriving on collaborating with both the public and private sectors to identify and solve
community issues. Working behind the scenes to create better communities!
Education
· BS, Earth Sciences, University of California, Santa Cruz, 2002
· Certificate, Urban Planning & Development Prog., University of California, San Diego, 2009
RSG Academy
· Consulting: the RSG Way
Management and Supervision
Analysis 101
· Development and Construction
· Tax
Professional Memberships & Certifications
· California Redevelopment Association
· California Community Economic Development Association
San Diego/SW Riverside County
· Redevelopment Professionals Alliance
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KEN LEE
SENIOR ASSOCIATE
Ken Lee has 11 years of experience in community development and local governmental affairs in both the
public and private sectors. Before joining RSG, Mr. Lee consulted in strategic planning and organizational
development, and served more than 10 years in local and regional government. Mr. Lee's well-rounded
professional background offers clients strategic perspective for achieving their economic, political, and
organizational objectives.
Mr. Lee oversees project teams requiring a broad range of management and technical skills. Recent
engagements have included: long-range revenue projections for county government involving economic
forecasting and market analysis; LAFCO-related activities including independent financial review of
special district reorganizations and plans for services; public participation design and facilitation;
economic development strategies; five year implementation plans and housing compliance plans
involving hands-on strategic planning and goal-setting; a variety of redevelopment plan amendments; and
ongoing redevelopment and LAFCO implementation services.
In addition to project oversight, Mr. Lee serves on the California Redevelopment Association's
Brownfields Committee and has direct experience with brownfields grant programs. He is also involved in
the marketing and business development aspects of RSG. Other areas of specialization and professional
interest include legislative analysis and advocacy, civic engagement and facilitation, community building
and capacity development, and general public policy development.
While not a traditional redevelopment project, Mr. Lee recently found personal fulfillment helping the City
of Brea, located in north Orange County, create and execute a series of community visioning workshops
for the design of a four-mile urban trail system stretching from one side of town to the other. He worked
closely with redevelopment staff to design and facilitate the workshops, which involved hands-on, tactile
exercises and small group discussions. The level of turnout and engagement at the three workshops (40-
50 per workshop) was a testament to the City's dedication to partnering with the community on projects
like this.
Mr. Lee made the conscious decision to transition from working in the public sector to consulting for the
public sector because of his passion for working with a diverse mix of communities, to help them
individually achieve success. He believes he can now leave a bigger and deeper footprint in local
government by helping communities better equip themselves to navigate economic and political
uncertainties through aligned vision and execution.
Education
BS, Environmental Policy Analysis & Planning, University of California, Davis, 1997
RSG Academy
· Consulting: the RSG Way
· Management and Supervision
· Analysis 101
Professional Memberships & Certifications
California Redevelopment Association, Brownfields Committee
California Association of Local Agency Formation Commissions, Past Legislative Chair
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KERI BULLOCK
SENIOR ANALYST
Keri Bullock joined RSG as an analyst in 2006 and has four years of experience in redevelopment
planning and municipal finance services throughout California. Ms. Bullock's experience includes specific
expertise in redevelopment project area adoptions and amendments, fiscal consultant services for
redevelopment agency bond issues, and public agency property tax revenue projections. Additionally, she
has experience with a diverse set of public sector projects including grant writing, staffing services for
cities, and public outreach.
In 2008, Ms. Bullock was the project manager for the City of Rio Vista Feasibility Study, which analyzed
the possibility of creating a new redevelopment project area from the 28-acre former Rio Vista Army
Reserve Center. The site is now in the process of becoming a redevelopment project area. Ms. Bullock
was primarily responsible for preparing staff reports and resolutions, blight documentation, scheduling,
and day-to-day client contact.
In 2009, Ms. Bullock served as project manager for a comprehensive forecast of the potential operating
revenues and expenditures associated with the incorporation of the Heber Public Utilities District territory
and adjoining developing areas within their sphere of influence. In this capacity she assisted in the design
of a revenue projection model and oversaw data collection and analysis.
Ms. Bullock enjoys the unique challenges presented in the fields of community development,
redevelopment, and economic development, and the opportunity to make communities more livable and
sustainable.
Education
· BS, Environmental Policy Analysis & Planning, University of California, Davis, 1997
RSG Academy
Consulting: the RSG Way
Management and Supervision
· Analysis 101
Professional Memberships & Certifications
· California Redevelopment Association, Brownfields Committee
· California Association of Local Agency Formation Commissions, Past Legislative Chair
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CDC/2010-29
KIM WONG
SENIOR ANALYST
Kim Wong has over five years of experience in urban and redevelopment planning. Before joining RSG,
Ms. Wong worked as a city planner for the City of Anaheim Planning Department, where she managed
development projects including entitlement applications for mixed-use residential and retail, high-rise
office, and affordable housing projects.
At RSG, Ms. Wong works on a variety of client projects, including implementation plans, redevelopment
plan amendments, financial projections, and pro forma and market analyses. She is primarily responsible
for researching, collecting, and evaluating project-related data and writing reports.
Since joining the RSG team in 2009, Ms. Wong has worked on implementation plans for the cities of Palm
Springs, West Covina, Los Banos, and Yucca Valley and redevelopment plan amendments for the cities
of Monterey Park, Corona, San Marcos, and Huntington Beach. Ms. Wong has also been working with
the City of Corona to complete their five-year Consolidated Plan and assisting in creating strategies and
programs to serve the City's low and moderate-income households.
Ms. Wong is passionate about providing housing for all income groups. She loves to assist cities and
private for-profit and nonprofit developers create affordable housing through the use of redevelopment
funds and state and federal assistance.
Education
· Master of Urban and Regional Planning, University of California, Irvine, 2006
BA, Geography, University of California, Santa Barbara, 2004
RSG Academy
Consulting: the RSG Way
· Analysis 101
· Tax
· Development and Construction
Professional Memberships & Certifications
· California Redevelopment Association
· American Planning Association
· American Institute of Certified Planners
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CDC/2010-29
JOHN LEONARD
SENIOR ANALYST
John Leonard joined RSG in 2006 and since that time has assisted with over 20 redevelopment plan
amendments and feasibility studies, nearly a dozen fiscal consultant reports resulting in the issuance of
over $75 million in tax allocation bonds in California and Nevada, multiple redevelopment implementation
plans, acquisition activities, pro forma formulation and review, continuing affordable housing activities,
and project implementation activities. Additionally, Mr. Leonard provides as-needed consulting services to
the cities of Bell, EI Monte, Lake Forest, La Quinta, Twentynine Palms, San Carlos, Westminster, and the
Orange County Development Agency.
Throughout 2009 Mr. Leonard worked with the City of San Carlos to update its inclusionary housing
ordinance. Mr. Leonard attended ad hoc housing task force meetings, assisted with pro forma
formulation, ordinance revisions, and the development of an affordable housing nexus study and fee
analysis. The revisions to the ordinance will help the City meet its affordable housing needs and conform
to state regulations and recent court decisions. Additionally, Mr. Leonard continues to assist the City with
project implementation, pro forma review and development, economic development, and financial
analysis.
Recently, Mr. Leonard acted as the project manager for the acquisition of two properties in the City of
Lake Forest. The City's Redevelopment Agency sought to acquire two properties to be used for
transitional family housing. Mr. Leonard managed property selection and purchase, including day-to-day
contact with the Agency, escrow company, and seller. Mr. Leonard was able to quickly identify suitable
properties, work with the seller, and enter into and close escrow, while still ensuring the Agency's needs
were met and all due diligence was performed. From Agency notice to proceed to the close of escrow,
Mr. Leonard completed the acquisition process within five months. The acquisition of the units helped the
Agency expend their affordable housing set-aside funds, secure affordable housing covenants, and
provide needed housing to families within the city.
Mr. Leonard pursued a career in community development in order to assist public and private entities with
the creation of vibrant, sustainable communities, which enhance the quality of life for neighborhood
residents. He believes that his work with public and private agencies on a collaborative basis provides the
foundation for the revitalization and continued growth of many neighborhoods and cities.
Education
· MA, Planning, emphasis Planning, Real Estate, Economic Development University of
Southern California, 2008
BA, Geography, emphasis, Environmental Planning, Architecture, Geography
UC Santa Barbara, 2006
RSG Academy
Real Estate Development and Construction
Real Estate and Market Analysis
Consulting: the RSG Way
Management & Supervision
Analysis 101
· Property Tax
Professional Memberships & Certifications
· Urban Land Institute- Young Leaders Group, Orange and Los Angeles Counties
· California Redevelopment Association
American Planning Association
18
CDC/2010-29
LADUNNI OSOSAMI
ANAL YST
Ladunni Ososami joined RSG as an Analyst in 2007 and has 3 years of progressive experience in
municipal finance, affordable housing, and redevelopment planning throughout California. Ms. Ososami
has garnered a deep understanding of redevelopment and municipal finance from over 25 client projects
and consulting engagements at RSG with wide ranging scopes of services. Her specific expertise is in
fiscal consultant services, property tax revenue projections, redevelopment project area adoptions and
amendments, and feasibility analyses for affordable housing projects. She has also been involved in
customized public sector projects for clients, including the creation of financial budgeting models, housing
condition analyses, and fiscal impact analyses for varying land use options.
In 2008, Ms. Ososami was part of an interdisciplinary financing team that helped the Porterville
Redevelopment Agency raise $8.5 Million in Tax Allocation Bonds for redevelopment and housing
projects. Her specific tasks in this project involved the preparation of a fiscal consultant report, revenue-
character analysis, and revenue projections.
Ms. Ososami also provided analytical expertise for the 2007 Shasta Dam Redevelopment Plan
Amendment which added approximately 746 acres to the project area, increased the tax increment cap
from $55 million to $300 million, increased the bonded indebtedness cap from $15 million to $75 million,
rescinded the time limit to incur debt, extended the duration of the redevelopment plan by 18 years, and
amended the projects and programs list. The Added Area created additional business and employment
opportunities in the City of Shasta Lake. Ms. Ososami was responsible for the blight documentation,
written presentation of blight findings, drafting of owner participation rules and amending the agency's
implementation plan.
Since 2008, Ms. Ososami has also provided ongoing staff support to clients such as the Oroville
Redevelopment Agency and Grand Terrace Community Redevelopment Agency by preparing financial
and administrative documentation to meet their annual reporting requirements. Those reports include
Statements of Indebtedness and annual reports to the State Controller's Office and Department of
Housing and Community Development.
Simplifying her clients' complex financial concerns and objectives to shift their focus to the bottom line
makes working at RSG particularly gratifying for Ladunni. In a world that is becoming increasingly
interdependent, Ladunni is most interested in the opportunity to proffer solutions which help address the
needs of a diverse spectrum of stakeholders in the community.
Education
· MSc., Applied Finance, Pepperdine University, 2009
MPA, Public Administration, University of Southern California, 2007
BTech., Real Estate Management, Federal University of Technology, Minna-Nigeria, 2004
RSG Academy
Consulting: The RSG Way
· Analysis 101
Understanding Basic Property Tax
· Assessed Valuation & Property Tax Analysis
· Development and Construction
Professional Memberships & Certifications
· California Redevelopment Association
· Urban Land Institute- Young Leaders Group, Orange County
· American Real Estate & Urban Economics Association
19
CDC/2010-29
KEN SPILLBERG
ANAL YST
Ken Spillberg joined RSG in 2008 and has two years of experience with over 37 client projects in
redevelopment planning, affordable housing, and municipal finance services throughout California. He
has specific expertise in fiscal consultant services for redevelopment agency bond issues, analysis of
local and regional economic impacts from development, affordable housing development consulting
services, public agency property tax revenue projections, sustainable building practices consistent with
LEED principles, analysis of the fiscal impacts of different land uses, and redevelopment project area
adoptions and amendments. Additionally, he has experience with using new technologies to adapt and
improve blight determination and mitigation.
In 2009, Mr. Spillberg developed a model that linked the economic impacts of new construction to the
need for affordable housing using data provided by the Minnesota IMPLAN Group. Along with a group of
other housing specialists at RSG, he was able to substantiate the basis for inclusionary housing
ordinances which required that new housing developments include certain amounts of affordable housing
or pay in-lieu fees.
Mr. Spillberg also assisted in creating an electronic field survey system in 2008. This system allows
surveyors to use advanced technologies such as touch screen laptops, GIS software, and GPS tracking
to efficiently locate and thoroughly document existing physical conditions. The system also allows
analysts to be able to more easily associate other physical and economic conditions to that which was
observed in the field.
Mr. Spillberg truly believes in the power of economic development and is excited at the opportunity to
assist in creating healthy and sustainable communities through redevelopment. Moreover, he enjoys
helping governments create better communities for the people they serve.
Education
· Master of Urban and Regional Planning, University of California, Irvine, 2008
· Bachelor of Mechanical Engineering, McGill University, Montreal, Canada, 2003.
RSG Academy
· Consulting: the RSG Way
· Management & Supervision
· Analysis 101
· Tax
Professional Memberships & Certifications
· LEED Accredited Professional since 2008
· California Redevelopment Association
20
CDC/2010-29
JANE CARLSON
ANAL YST
Jane Carlson joined RSG as a Research Assistant in 2009. Before coming to RSG, Ms. Carlson worked
in the private development field with firms focused on adaptive reuse and sustainable growth. During this
time, she participated in development planning for adaptive reuse sites, pro forma and project proposal
analysis, and a LEED for Neighborhood Development Certification process. During her time in private
development, Ms. Carlson became adept at working with a wide variety of stakeholders including public
agencies, consultants, contractors, planning and design firms, in-house sales and marketing teams, and
non-profit organizations. This experience has assisted Ms. Carlson at RSG by allowing her to understand
the relationships between the public and private sectors and appreciate the importance of cross-sector
collaboration.
While at RSG, Ms. Carlson has assisted with numerous projects across all of RSG's product types,
including redevelopment plan adoptions and amendments, five year implementation plans, housing
compliance plans, and market research and analysis. Specific tasks include GIS mapping, spreadsheet
formulation, and data collection, analysis, and synthesis..
One recent project Ms. Carlson participated in was the drafting of a Five Year Implementation Plan for a
Redevelopment Agency located in Los Angeles County. Completion of the Implementation Plan included
housing production analysis, cash flow formulation, work program development, GIS mapping, and
preparation of a complete draft plan.
Ms. Carlson also assisted with five year property tax projections for the Orange County Fire Authority. For
this project, she gathered data relating to recent sales and assessed valuations for the 15 member cities
of the Fire Authority. Ms. Carlson analyzed this data and developed models showing the number of
properties sold within the past year and the corresponding change in assessed value. RSG's annual
revenue analysis for the Fire Authority assists the agency in creating its annual budget.
Jane has always had a fascination with cities and the different and interesting ways in which they grow
and change over time. Her involvement in redevelopment and community development stems from this
lifelong interest and her desire to help all communities develop in healthy, happy, and sustainable ways.
Education
· MA, Urban Planning, University of Southern California, 2008, Dean's Merit Scholar
· BA, History, University of Michigan, 2005, University Honors
RSG Academy
Consulting: the RSG Way
Analysis 101
Professional Memberships & Certifications
California Redevelopment Association
American Planning Association
21
CDC/2010-29
APPROACH
As currently envisioned, the Agency is considering undertake multiple amendments
documentation leading to consideration of amendments to the State College, Central City West,
Northwest, Uptown, Mt. Vernon and 40th Street Project Areas (Existing Areas) Redevelopment
Plans'. The multiple amendments would accomplish the following: 1) merge the Project Areas for
financial reason; 2) extend the period of effectiveness and period to receive tax increment for
each Project Area by 10 years (as allowed by the California Community Redevelopment Law
["CRL")); for the State College and Central City West Projects 3) prepare a amended and
restated redevelopment plan for the proposed merged area; 4) increase the financial limits
establishing one total tax increment and bonded debt cap for the Existing Areas; 5) updated the
Public Improvement Project's List for the proposed merged area; 6) extend or re-establish
eminent domain for the Existing Areas; and 7) add territory to the Existing Areas.
The following Chart summarizes the amendments under consideration:
Proposed Mergerl Amendments for City of San Bernardino Redevelopment
Project Areas
TYPE OF REDEVELOPMENT PLAN AMENDMENT
Merge Single - Merged,
Project Eminent Tax Inc & Capital 10 Year Add Amended &
PROJECT AREA Areas Domain Bond Cap Projects Extension Territory Restated Plan
State College ~ ..j ..j ..j ..j ..j ~
Central City West ..j ..j ..j ..j ..j ..j
Northwest ..j ..j ..j ..j ~ ..j
Uptown ~ ..j ~ ..j ~
Mt. Vernon ~ ..j ~ ..j ..j ~
40th Street ~ ..j ..j ~ ~
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CDC/2010-29
MERGER OF PROJECT AREAS
RSG's extensive experience in conducting mergers and multiple amendments will enable us to
undertake the merger/ amendments in an efficient and comprehensive manner. RSG has a
unique understanding of the requirements of the Community Redevelopment Law ("CRL") as it
relates to conducting mergers and amendments. We understand the complexity, timing, field
work and research required. We understand the parties involved and their roles in the
merger/amendments. We are able to provide the required documents necessary to complete the
merger/amendment process. We can anticipate issues and problems so they are solved before
they interfere with the merger/amendment process.
Section 33485 of the CRL states that "Mergers of project areas are desirable as a matter of public
policy if they result in substantial benefit to the public and if they contribute to the revitalization of
blighted areas through the increased economic vitality of those areas and through increased and
improved housing opportunities in or near such areas."
Section 33486 of the CRL states that project areas may be merged, without regard to contiguity
of the areas, by the amendment of each affected redevelopment plan as provided in Section
33450 of the CRL. Before adopting the ordinance amending each affected redevelopment plan,
the City Council must find, based on substantial evidence, that both of the following conditions
exist:
1. Significant blight remains within one of the project areas.
2. This blight cannot be eliminated without merging the project areas and the receipt of
property taxes.
Therefore to merge the Project Areas the Agency must follow Section 33450 of the CRA (Major
Amendment) which essentially requires the Agency to follow the full plan amendment process as
opposed to the eminent domain amendment process which is somewhat abbreviated.
EMINENT DOMAIN TIME EXTENSION
Legislative changes to the CRL enacted on January 1, 2007 modified the procedure by which
eminent domain authority could be reestablished or extended in a redevelopment project area.
Redevelopment agencies are required under Section 33352 of the CRL to provide specific and
quantifiable evidence that both physical and economic blight remains in the project area and is so
prevalent and substantial that it causes serious harm to the entire project area. The 2007
legislative changes, codified in Section 33333.2, also require agencies desiring to extend the 12
year limitation on eminent domain authority to make findinqs based on substantial evidence that
siqnificant bliqht remains in the proiect area and can not be eliminated with out the use of eminent
domain. Furthermore, the definition of bliqht was modified and is more restrictive than the
previous definition prescribed bv the CRL. Extending eminent domain authority in a
redevelopment project area is not one of the amendment types that require a full long-form plan
amendment process. However, because the Agency is undertaking other amendments that
require the full procedure, the eminent domain amendments would be handle within the context of
the merger and other amendments.
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CDC/2010-29
AMENDMENT TO INCREASE THE TAX INCREMENT & BONDED DEBT
LIMITATION
Section 33354.6(a) of the CRL sets forth that when a redevelopment agency proposes amending
a redevelopment plan to increase the limitation on the number of dollars to be allocated to the
proiect area or the amount of bonded debt that can be outstandinq at anv one time, the agency
shall follow the same procedure, and the legislative body is subject to the same restrictions as
when adopting a new redevelopment plan (Major Amendment).
Furthermore, CRL Section 33354.6(b) specifies that when an agency proposes such
amendments, it shall describe and identify in the amendment documents: the remaining blight
within the project area; the portions, if any, that are no longer blighted; the projects that are
required to be completed to eradicate the remaining blight; and the relationship between the costs
of those projects and the amount of increase in the limitation on the number of dollars to be
allocated to the agency. "The ordinance adopting such an amendment must contain findings that
both (1) significant blight remains within the project area and (2) the blight cannot be eliminated
without the establishment of additional debt and the increase in the limitation on the number of
dollars to be allocated to the redevelopment agency."
AMENDMENT TO ADD PUBLIC IMPROVEMENT PROJECTS TO THE PROJECT
LIST OF A REDEVELOPMENT PLAN
Under Section 33354.6 of the CRL the legislative body may amend a redevelopment plan to add
siqnificant capital improvement proiects as determined bv the redevelopment aqency. In adding
such capital improvement projects an agency must follow the same procedures as adopting a
new redevelopment plan (Major Amendment).
AMENDMENT TO INCREASE THE EFFECTIVENESS AND TERM TO RECEIVE
TAX INCREMENT BY TEN YEARS
The Agency wishes to pursue the extension of effectiveness of the State College and Central City
West Project Areas. These Projects will be reaching their effectiveness time limit in the near
future. Once the effectiveness limit is reached most legal counsels believe that implementation
activities (except for inclusionary housing) within the project area must cease and funds can only
be spent on administering debt associated with the area. Therefore the Agency wishes to pursue
the 10-year amendment to extend the effectiveness and time period to receive tax increment for
these Project Areas, as allowed by the CRL.
Pursuant to CRL Section 33333.10, documentation from the amendment must enable the City
Council to make findings that significant blight remains in the project areas that cannot be
eliminated without extending the effectiveness of the redevelopment plan and the time limit to
receive tax increment. Again, the 10-Year amendment would required the Agency to follow the
same process and provide the same type of documentation as required in adopting a new
redevelopment project, although additional time is required to complete this particular amendment
process. Significant blight does not have to be prevalent throughout the entire project areas,
though tax increment may only be spent in areas where bliqhtinq conditions were identified or
where non-bliqhted parcels were deemed necessary and essential. This requirement to begin
spending tax increment generated in the project area in this restricted manner commences only
after the original effectiveness limit has expired.
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CDC/2010-29
An important outcome of the time extension amendment is the requirement that commencing the
first fiscal year after the amendment is adopted the Proiect Areas must deposit a total of 30% (a
10% increase) of the tax increment revenue received (from the project area) into the Agency's
Low and Moderate Income Housing Fund (ULMIHF"). The requirement as to the limitation on
where funds may be spent after the 1 0- Year extension amendment does not include expenditures
from LMIHF.
Additionally, the CRL contains a list of other requirements that must be met for the Agency to
amend to add the ten year period to the term of effectiveness and period to collect tax increment
for the Central City North and Meadowbrook/Central City Project Areas. The City Council must
not only make required findings of blight noted above, the Agency prior to the City Council's
consideration of the amendment ordinance must adopt a resolution that makes the following
findings:
The community has an adopted housing element;
The agency has not been in major violation of the State Controller's annual reporting for
the past three fiscal years; and
Completion of a written request to and response from the State Department of Housing
and Community Development stating that the agency does not have an excess surplus in
its LMIHF.
It is our understanding that the Agency would be able to make such findings.
AMENDMENT TO ADOPT A SINGLE COMPREHENSIVE MERGED, AMENDED
AND RESTATED REDEVELOPMENT PLAN FOR THE SIX PROJECT AREAS
PROPOSED TO BE MERGED AND ADDED TERRITORY
The preparation of a comprehensive and consolidated amended redevelopment plan as part of
the proposed merge/amendments does not require additional documentation nor does it imposed
any new requirements on the Agency. The document must contain all the specific term, limits
and other unique information covering each of the Project Areas that comprise the merged area.
There is significant benefit in having the merged area covered by one updated and
comprehensive redevelopment document. It eliminates the need to reference or review multiple
documents, it will be current with regard to requirements of the CRL and it simplifies the
attachment of a new Public Improvement Project List covering the entire merged area.
ADDING TERRITORY TO PROJECT AREA(S)
Pursuant to the CRL Code Section 33000 et Seq, in order for an area to qualify for inclusion into
a redevelopment project area, the Agency will need to conclude that both physical and economic
blighting condition exists in Study Area, the area is predominately urbanized, and that blight
predominates and injuriously affects the entire Study Area. The amendment procedure outline in
the CRL is lengthy and detailed but mirrors with one exception the merger process. The
additionally steps required in adding territory would be to adr:>pt an amended survey area (that
included the area under consideration for the amendment) and adoption of an amended
Preliminary Plan for the area including a legal description and map by the Planning Commission
and confirmed by the Agency.
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CDC/2010-29
SCOPE OF SERVICES
REDEVELOPMENT PLAN MERGER/AMENDMENTS
The following project components would be involved as part of the Merger/Amendment process.
Project Coordination
RSG will coordinate the activities of the consultant team and will be responsible for timely delivery
and processing of all redevelopment documents. RSG will also facilitate coordination between
the project team, legal counsel, the City's environmental consultant and Agency staff.
Prepare and Maintain Project Schedule
RSG will prepare a detailed schedule which outlines the tasks involved in the Merger/Amendment
process. The schedule will incorporate the processing dates and agenda deadlines, and identify
the specific entities responsible for each document/action. This schedule will guide all parties
through the entire process.
Mapping
RSG will partner with Kenneth A. Wilch & Associates for the mapping component of the
amendment process. When an Agency proceeds with an amendment that involves adding
territory, the Law requires preparation of a map and legal description by a certified engineer in
accordance with the State Board of Equalization Guidelines. KAWA will review assessor's parcel
maps and other records obtained from the County or other supporting agencies and compile area
boundaries established/determined by the client as noted on provided maps. KAWA will prepare
a written geographic description of the area and prepare an area map. (This agreement assumes
that the client will provide an electronic drawing (AutoCAD) of the base map. Existing areas and
boundaries (city limits, adjoining project areas, etc.) will be assumed accurate as provided in
electronic format and are not audited. Such audits are not included in this proposal. The firm of
Kenneth A. Wilch & Associates is highly specialized in this area and has completed countless
assignments that dealt specifically with the mapping requirements of the State Board of
Equalization Guidelines as they pertain to adding area to an existing Project Area. RSG has
worked directly with KAWA on previous projects and proposals.
Adoption of Survey Area
The first step in initiating an amendment to add territory to a project area is the adoption or
amendment of the City's Survey Area. The proposed add area must be contained within the
boundaries of the City's Redevelopment Survey Area. The task is accomplished by the City
Council approving the boundaries of a new or amended survey area by resolution. RSG will
prepare the staff report, draft resolution and simple map for staff and counsel's review. Once
approved the plan amendment process can move forward.
Preliminary Plan
The Law requires a preliminary plan that: describes the boundaries of the Added Area; contains a
general description of land uses, the principal street system, population densities, building
intensities and development standards; proposed redevelopment activities consistency with the
General Plan; and generally describes the impact a redevelopment program may have on
residents and surrounding neighborhoods. RSG will prepare this plan for review and adoption by
the Planning Commission and subsequently, the Agency.
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CDC/2010-29
Statement of Preparation/Taxing Agency Mailing List & Mailings
RSG will compile the Existing Area's as well as the Added Area's taxing agency mailing list for
use during the amendment process. RSG will prepare and transmit a Statement of Preparation
adopting a redevelopment plan to the County of San Bernardino, affected taxing entities, and the
State Board of Equalization. Accompanying the Statement of Preparation is the preliminary plan.
and the Added Area map and legal description. The State Board of Equalization charges a filing
fee based upon the number of acres within a proposed project area. This fee would be paid by
the City (RSG will required a City check to transmit with the map and legal description) the cost of
which is not included in RSG's fee estimate.
Student Projection Report
The Law requires redevelopment agencies to submit a Student Projection Report to the State
Department of Finance. This document includes a map of the proposed Added Area, and
projection of the number of school aged children that will reside in the Project Area during the 45
year life of the redevelopment plan. In order to prepare this report, the Redevelopment Agency
must work with the affected school district(s) and the San Bernardino Superintendent of Schools
to develop student population projections. RSG will prepare this report and transmit to the school
agencies.
Environmental Documentation Coordination
RSG will coordinate with the Agency's environmental consultant to insure that the project
description correctly reflects the actions anticipated in the proposed Merger/Amendments as well
as coordinate the overall project timeline.
Draft Staff Reports and Resolutions
Many of RSG's clients appreciate our ability to draft staff reports and resolutions using Agency
and City Council templates. RSG can prepare Planning Commission, Redevelopment Agency
and City Council staff reports and resolutions that pertain to the plan amendment activities.
Among the items that may be required as part of these reports would be the findings of General
Plan conformity (for the proposed merger/amendment) to be made by the Planning Commission.
The amending ordinance would presumably be prepared by Agency legal counsel and is not part
of this proposal.
Draft Merged, Amended and Restated Redevelopment Plan
RSG would prepare a Merged, Amended and Restated Redevelopment Plan that would cover
both the Existing Areas and Added Territory.
Owner Participation Rules
The CRL requires the Agency to give preference to existing property owners and business
tenants to participate in redevelopment activities. RSG will review the existing rules for the
Project Areas and consult with Agency staff and legal counsel as to the need to modify and
amend such rules as part of the merger/amendment process. The Agency must adopt procedures
typically called "Owner Participation Rules." RSG will draft this document.
Method of Relocation
The CRL requires a plan that sets forth the procedures and benefits the Redevelopment Agency
will provide to any person or business that must be relocated as a result of redevelopment
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CDC/2010-29
implementation activities. RSG will review current Method of Relocation for the Project Areas and
is needed prepare a new document for the proposed Merged Project Area.
Prepare the Preliminary Report/Blight Survey
A preliminary report for the merger/amendments will be prepared that outlines the reasons for the
merger and amendments, describes the physical and economic conditions of the Project Areas
examines whether significant blight remains in the project areas that cannot be eliminated without
extending the effectiveness of the plan and the time limit to receive tax increment. The
Preliminary Report will also include listing of proposed new Capital Improvement Projects to be
added to the Merged, Amended and Restated Redevelopment Plan. It will also contain a
preliminarily assessment of the feasibility of financing programs to be undertaken with additional
tax increment revenue received if the amendment to increase the Project Areas financial limits is
approved. It will describe and identify the remaining blight within the Project Areas, identify the
portions, if any, that are no longer blighted, the projects that are required to be completed to
eradicate the remaining blight, and the relationship between the costs of those projects and the
amount of increase in the limitation on the number of dollars to be allocated to the agency.
RSG would be responsible for collecting and compiling quantitative and qualitative data on
physical and economic blight in the Project Areas, including conducting a parcel-by-parcel land
use and blight survey and interviewing local real estate professionals, business owners, and
Agency/City staff. RSG will collect financial information pertinent to showing the need for the
merger, consult with and assembly the Capital Improvement Projects listing and estimated cost
from City sources. Where possible, Agency staff will be consulted to assist in the assembly of
information and provide access to stakeholders and knowledgeable persons regarding the issues
facing the project area.
The Preliminary Report would include the following:
The reasons and the need for the merger/amendments;
A map of the project area that identifies the portion, if any, of the project area that is
no longer blighted and the portion of the project area that is blighted and the portion
of the project area that contains necessary and essential parcels for the elimination of
the remaining blight.
· A description of the remaining blight.
· A description of the projects or programs proposed to eliminate the remaining blight.
· A description of how the project or programs will improve the conditions of blight.
· The reasons why the projects or programs cannot be completed without extending
the time limits on the effectiveness of the plan and receipt of tax increment revenues
and the need for the merger and increase in tax increment and bonded debt limit.
· The proposed method of financing these programs or projects.
· This description shall include the amount of tax increment revenues that is projected
to be generated during the period of the extension, including amounts projected to be
deposited into the Low and Moderate Income Housing Fund and amounts to be paid
to the affected taxing entities. This description shall also include sources and
amounts of moneys other than tax increment revenues that are available to finance
these projects or programs. This description shall also include the reasons that the
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CDCj2010-29
remaining blight cannot reasonably be expected to be reversed or alleviated by
private enterprise or governmental action, or both, without the use of the tax
increment revenues available to the agency because of the proposed amendment.
· An amendment to the implementation plan that includes, but is not limited to, the
housing responsibilities pursuant to Section 33490.
· A new neighborhood impact report if required by subdivision (m) of Section 33352.
· A description of each bond sold by the agency to finance or refinance the
redevelopment project prior to six months before the date of adoption of the
proposed amendment, and listing for each bond the amount of remaining principal,
the annual payments, and the date that the bond will be paid in full.
· Evidence of consultation citizen, property owner, and taxing agency consultations;
CEQA compliance (as prepared by the Agency's environmental consultant); and
RSG would prepare and circulate a screencheck preliminary report for staff and legal counsel
review and incorporate comments and modifications in a final version presented to the Agency for
consideration.
Transmittal of Preliminary Report in compliance with Section 33451.5 (c) and
Section 33333.11 (e) of the CRL
Upon approval by the Agency, RSG would duplicate, assemble and transmit no later than 120
days prior to the public hearing on the Merger/Amendments via First Class Mail the documents to
the State Department of Housing and Community Development and Department of Finance, and
the Project Areas taxing agencies for their review and comment.
Transmittal of Merged, Amended and Restated Redevelopment Plan to the
Planning Commission
No later than 120 days prior to holding a public hearing on the proposed merger/amendment, the
Agency shall send the proposed Merged Amended and Restated Redevelopment Plan to the
Planning Commission. RSG will prepare the staff report and proposed recommendation for the
Planning Commission's consideration.
Special Report Required for the lO-Year Extension Amendments per Section
33333.11(h) of the CRL
No later than 45 days prior to the public hearing on the proposed amendment by the agency or
the joint public hearing by the agency and the legislative body, the agency shall adopt a report to
the legislative body containing all of the following:
(1) All of the information required to be contained in the preliminary report prepared pursuant
to subdivision (e).
(2) The report and recommendation of the planning commission.
(3) A negative declaration, environmental impact report, or other document that is required in
order to comply with the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code.
29
CDC/2010-29
(4) A summary of the consultations with the affected taxing entities. If any of the affected
taxing entities, a project area committee, if any, residents, or community organizations have
expressed written objections or concerns with the proposed amendment as part of these
consultations, the agency shall include a response to these concerns.
(5) A summary of the consultation with residents and community organizations, including the
project area committee, if any.
Taxing Agency Mailing List & Project Area Mailing List
RSG will compile the Project Areas' taxing agency mailing list for use during the
merger/amendment process. RSG will also compile property owner mailing list via the
assessment roll and will work with staff to compile business owners and residential tenant mailing
lists.
Prepare Public Hearing Notices and Transmittal to Taxing Agencies
RSG will assist in the preparation and coordination of the required notice of joint public hearing on
the merger/amendments for all affected taxing agencies, residents, property owners and business
owners, and ensure that they are ready for transmittal in the time frame required by CRL. RSG
will assume the responsibility of the taxing agency mailings. This proposal assumes the Agency
will undertake any mailing to the stakeholders (property owners, businesses and residential
tenant) for both the public hearing and community information meeting(s).
Community Information Program
Recent experience with redevelopment plan adoptions and amendments has underscored one
critical element to their success-the community needs to be involved in the process.
Redevelopment plans lose community support most often when the benefits seem to be too
vague or too technical for most people to understand. This is particularly true for this type of an
amendment, where an increase in the financial capacity can be easily misunderstood to be a tax
increase on property owners and residents. Thus, RSG's approach to these discussions is to
begin with the end in mind-by developing with staff a clear, concise set of specific and realistic
redevelopment goals, and then recalling upon these goals as a "theme" during the process.
Project Area stakeholders may have fundamental questions on the impact on their property taxes
and other issues. (Indeed, waiting to initiate public discussions with the public hearing notice can
unnecessarily intimidate or trouble many residents and property owners.) RSG would prepare
informational materials for staff's use at the community meeting(s), including a PowerPoint
presentation on redevelopment in general, a redevelopment process flow chart, and a handout on
frequently asked questions. For the purposes of this proposal, we have included one (1) public
stakeholder meeting or workshops in the budget. The budget also includes material preparation
to facilitate public discourse on the redevelopment proposal.
Project Area Committee Determination
It is likely that a Project Area Committee ("PAC") will be required. Pursuant to Law Section
33385, it is necessary to form a PAC if residential uses are included in the extension of eminent
domain. RSG proposes to assist with the PAC formation process and assist in support of the
required meetings. RSG would prepare the procedures for formation of the PAC, assist with the
PAC election and staff meetings of the PAC. RSG has had extensive experience in the formation
and staffing of PACs. This is considered an Optional Service, a fee estimate for preparation of the
30
CDC/2010-29
PAC Procedures, the formation and staffing of the PAC during the amendment process will be
provided upon request.
Amend 5-Year Implementation Plan
RSG would amend or prepare required 5-Year Implementation Plan for the Project Areas in terms
of projects, programs, expenditures and revenues as outlined in Section 33451.5(b) of the CRL.
Additionally the Implementation Plan would address the new Added Area. To streamline this
process, RSG would rely on staff input, previous Staff Reports and other documentation to
complete this update or new document.
Prepare the Report to the City Council
RSG would prepare a Report to the City Council which would contain information required by the
CRL. This Report would include all of the information contained in the Preliminary Report and the
Special Report required by CRL Section 33333.11 (h).
This Report forms the basis for a defense against legal challenges, if any, to the
merger/amendment. The Report also allows the Agency to evaluate the financial feasibility and
desirability of the proposed redevelopment implementation projects and programs.
A screen check and final Report to the City Council would be prepared by RSG and submitted to
the Agency in an electronic format.
Response to Written Objections
Assuming written objections to the redevelopment plan amendment are submitted at the joint
Agency/City Council public hearing, RSG will lead the preparation of responses of up to 10
written objections, with additional responses billed on a time-and-materials basis outside the fee
budget.
Follow-Up
RSG will assist Agency staff in identifying necessary follow up steps to be completed by Agency
staff. These include transmitting the adopted ordinance to the newspaper for publication,
recording necessary documents and mailing necessary final documents to the State, County and
affected taxing agencies.
31
CDC/2010-29
SCHEDULE
Below, RSG has outlined a preliminary schedule of key tasks involved in the Merger/Amendment.
The proposed merger amendment process is complicated by the differing requirements for the
merger and financial limits amendments, adding territory and the requirements for the ten year
extension. Please note that actual schedule is contingent upon several factors, such as agenda
deadlines and review process, public participation levels, and the availability of critical data. A
draft Fast Track Schedule detailing the various actions required has been provided as an
attachment to this proposal.
Redevelopment Agency of the City of San Bernardino
Merged Area B Merger and Amendment
SUMMARY SCHEDULE
April 15, 2010
Document Agency Planning CDC City Council
Committee Commission
Survey Area Resolution .. .. .. 7/5/10
Prelim inarv Plan 7/22110 8/25/10 9/6110 ..
Redevelooment Plan 9/9/10 9/22110 3/7/11 ..
Preliminarv Renort 9/9/10 .. 12/20/10 ..
PAC Formation .. .. 7/19/10 10/18/10
Report to Council 2/10111 .. 3/7/11 3/7/11
Joint Public Hearino
COC & Council Consent 3/7/11
Noticina (11 days before hearinal 3/18111- 5/2111
Joint Public Hearina 5/2/11
7/1/10
Ordinance Effective
First Reading 6/6/11
Second Readinn/Adontion 6/20/11
Public A enc Mailin s
9/7/10
12/21/10
3/18/11
Ordinance Challenge Period Ends
10/19/11
32
CDC/2010-29
33
CDC/2010-29
FEE PROPOSAL
RSG's proposed not-to-exceed free for the services outlined in the Scope of Services
is $296,150 excluding Optional Services. The following estimated budget breaks
down the fee by component activity. The estimate does not imply that each item will
be billed at the shown costs. Some items may be more and some less. The estimate
for the outlined work per the scope of services is a not to exceed fee given the
optional services and exclusions.
CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY-PROPOSED MERGER
AND AMENDMENTS -REVISED MAY 7,2010
Total
Hours
Fee
Labor Other
Cost Costs
TASK A - PROCESSING & DOCUMENTATION
Meetings (project team, Agency/CC/PC & TA)
Project coordination/ Schedule Preparation & Updates
Survey Area/Preliminary Plan
Engineer- Map and Legal Description
Blight Field Survey & Preparation
Data Collection/Research/Analysis
Financial Analysis for Merger
Prepare Amend Merged Redev Plan
Prepare Preliminary Report
Coordinate with Environmental Consultant
HCD Blight Report/Report to CC incl Amend Impl Plan
Prepare Taxing Agency Mailing List/Conduct TA Mailings*
Assist City Prepare Owner, tenant, etc. PH Mailing List
Prepare Draft PH Notices
Community Mtg,Joint Public Hearing, adoption mtg & preparation
Prepare Written Responses to Written Objections
Prepare Staff Reports & Resolutions
Follow-up/Assist staff with recordation etc.
Reproduction, Rept To CC Notebooks and Other Costs
Total
180 $26,980
160 $22,300
32 $4,420
322 $38,040
336 $40,320
100 $14,900
90 $11,880
262 $33,620
40 $6,040
168 $23,970
15 $1,595
62 $6,595
32 $3,615
100 $14,900
29 $4,260
60 $8,480
11 $1,085
$0
1999 $263,000
308 $42,240
';~;""'J(;J$.S:"1'
Area Committee/Procedures/Formation & Meetings
Community Meeting, PAC Formation Mailing and Joint Public Hearing Mailing (Estimate)
$1,000
i1;~i:'fm'f'5n"'!'::y
Total All Costs
$20,000
$2,500
$500
$500
$50
$2,100
TOTAL
$26,980
$22,300
$4,420
$20,000
$40,540
$40,820
$14,900
$11,880
$33,620
$6,540
$24,020
$3,695
$6,595
$3,615
$14,900
$4,260
$8,480
$1,085
$7,500
$296,150
$43,240
$45,000
$384,390
CDCj2010-29
RSG'S 2009 BILLING RATES APPLICABLE FOR THIS ENGAGEMENT ARE:
Principal/Director
Senior Associate
Associate
Senior Analyst
Analyst
Research Assistant
Technician
Clerical
$ 195
$ 160
$ 140
$ 110
$ 100
$ 90
$ 70
$ 60
Reimbursable Expenses
Cost plus 10%
RSG does not charge for parking, standard telephone/fax expenses, general postage, or
incidental copies. However, we do charge mileage or car rental and fuel costs when conducting
field survey work, messenger services, overnight shipping/express mail costs, and
teleconferencing services. We also charge for copies of reports, documents, notices, and support
material in excess of five (5) copies. These costs are charged back at the actual expense plus a
10% surcharge.
RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance.
Invoices identify tasks completed to date, hours expended, and the hourly rate.
35
CDC/2010-29
RSG INCLUDED WORK PRODUCTS
Resolutions and Staff Reports
Draft and Final Merged-Amendment and Restated Redevelopment Plan
Preliminary Plan
Owner Participation Rules/Method of Relocation
Preliminary Report
· Special Report Required by 3333.11 (h)
Updated Implementation Plan
Report to the City Council
· Community Information Material
· Written Responses to Written Objections (8)
MAPS
Added Area Map and Legal Description
Blighting Conditions
MAILING LISTS
· Affected Taxing Agencies
· Stakeholders Mailing List required for Public Hearing and Community Meetings:
RSG will provide property owners list and will assist Agency staff assemble required
listing of business and community organizations
NOTICE DOCUMENT PREPARATION
· Preparation of Taxing Agency, Public Hearing, and Community Meeting notices
MAILINGS
· All Taxing Agencies Notices
· Optional: Community Meeting, Public Hearing Notice (not included in fee quote)
MEETINGS
The Principal-in Charge or Project Manager will attend the following meetings:
Project Team
Agency/City Council/Planning Commission
Community Meeting
Taxing Agency Discussions
Public Hearing
Total
6 meetings
4 meetings
1 meeting
2 meetings
2 meetinqs
15 meetings
SCHEDULING
Prepare, monitor and update the plan amendment schedule
36
CDC/2010-29
COORDINA TION/FOLLOW-UP
Coordinate the preparation of all documents; monitor and coordinate the activities of the staff,
legal counsel and the consultant team. RSG will assist Agency staff in identifying necessary
follow up steps to be completed by Agency staff. These include transmitting the adopted
ordinance to the newspaper for publication, recording necessary documents and mailing
necessary final documents to the State, County and affected taxing agencies.
NUMBER OF COPIES
RSG will distribute 3-ring binders containing the Report to City Council for use at the Public
Hearing. A total of fifteen (15) binders are included. All required documents will be provide by
RSG except the EIR which will be provided to the Agency's environmental consultant
RSG will provide computer disks of all finalized documents in PDF format. The Merged,
Amended and Restated Redevelopment Plan will be provided in Microsoft Word format. We will
also provide up to fifteen (15) paper copies of all documents, maps, and reports. Additional
copies will be billed at cost plus ten percent (10%). Where possible RSG will utilize a compact
disk for transmittal of documents to the taxing agencies.
INVOICES
Invoices will be issued monthly and are payable upon receipt, unless otherwise agreed upon in
advance. Invoices will identify tasks completed to date, hours expended and the hourly rate.
Advances will be required for all mailings except taxing agency mailings.
SCOPE OF WORK MODIFICATIONS
In the event the scope of work should change to a degree that would alter the fee, RSG will
contact the Agency in writing and submit a revised fee schedule prior to the commencement of
work. Requests for extra work will be documented, and a completion time and compensation
amount will be submitted for approval prior to initiating work.
ENVIRONMENTAL DOCUMENTATION-EIR BY AGENCY SELECTED
CONSUL TANT
OPTIONAL SERVICES
. Community Meeting, Public Hearing Notice printing, assembly, postage and mailing
services (to be billed at actual cost plus 10%).
PAC Procedures, Formation and participation in meetings.
EXCLUSIONS
Cost of publishing all notices related to the merger amendment, cost of meetings outside scope,
and additional copies to those identified above. County charges for base year report and State
Board of Equalization fee for filing Added Area Map and Legal Description.
37
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CDC/2010-29
EXHIBIT "C"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or companies
authorized to do business in the State of California and that maintain during the term of the policy a
"General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests
Insurance Guide," as follows:
(1) Comprehensive General Liability Insurance. The Consultant shall maintain
comprehensive general liability insurance of not less than Two Million Dollars
($2,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its sub-consultants shall
maintain comprehensive automobile liability insurance of not less than One
Million Dollars ($1,000,000.00) combined single limit per occurrence for each
vehicle leased or owned by the Consultant or its sub-consultants and used in
performing work under this Agreement.
(3) Worker's Compensation Insurance. The Consultant and each of its sub-consultants
shall maintain worker's compensation coverage in accordance with California
workers' compensation laws for all workers under the Consultant's and/or sub-
consultant's employment performing work under this Agreement.
(4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy
covering liability for errors and omissions of the Consultant in performing the
Scope of Services of this Agreement in an amount of not less than One Million
Dollars ($1,000,000.00).
Concurrent with the execution of this Agreement and prior to the commencement of any work by
the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the
existence of the insurance coverage required herein, which coverage shall remain in full force and effect
continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases
in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional
insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty
(30) days prior written notice to the Agency.
11
P\Agendas\Agenda Attachments\Agenda Attachments\Agrmts-Amend 20 I 0\05-17-1 0 RSG loe Professional Service Agreement_Area B MergcrAmendmentdocx