HomeMy WebLinkAboutR32-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Professional Services Agreements: Rosenow
Spevacek Group, Inc, (Area B West Project
Areas Merger and Plan Amendments) and
RBF Consulting (Program EIR - Area B
West Project Areas Merger and Plan
Amendments)
DATE: May]2.20l0
Svnonsis 01 Previous Commission/Council/Committee Actionls):
On April 22, 20]0, Redevelopment Committee Members Johnson, Marquez and Brinker unanimously voled to recommend that
Ihe Mayor and Common Council and the Community Development Commission consider Ihis action for approval.
Recommended Motionls):
ICommunitv Develonment Commission)
A: Resolution of the Communily Development Commission of the Cily of San Bernardino approving and aUlhorizing
the Interim Executive Direclor oflhe Redevelopment Agency oflhe City of San Bernardino ("Agency") 10 execute a
Professional Services Agreemenl by and between Ihe Agency and the Rosenow Spevacek Group, Inc., to provide
Consultant Services in connection with merging and amending certain redevelopment project areas for the proposed
Area B West Project Areas Merger and Plan Amendmenls (Slale College, Central Cily West, Northwesl, Uplown,
MI. Vernon and 40lh Slreel Redevelopment Project Areas)
B: Resolulion of the Community Developmenl Commission of Ihe Cily of San Bernardino approving and authorizing
the Inlerim Execulive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a
Professional Services Agreemenl by and belween Ihe Agency and RBF Consulling, to provide Consullanl Services in
conneclion with the preparation of a Program Environmental ImpacI Report for Ihe proposed Area B Wesl Project
Areas Merger and Plan Amendments (State College, Central Cily West, Northwesl, Uplown, Ml. Vernon and 40lh
Street Redevelopment Project Areas)
Conlacl Person(s):
ProjecI Area(s):
JeffTey Smilh
Slate College, Cenlral Cily West, Northwest,
Uptown, Ml. Vernon, 40lh Slreel
Phone:
(909) 663-1044
Ward(s):
1,2,3,4,5,6
Supporting Data Atlached:
o SlaffReport 0 Resolution(s) 0Agreement(s)IConlract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Nol to Exceed
Amount: $ 535.000
Source:
Line Item 6600 - Consulting Services
West RDA Plan Amendmenl and EIR
Budget Authority:
Fiscal Year 2009 -2010 Budget
Signature:
Emil A. Marzullo, ]nlerim Execulive Director
~
Fiscal Review:
--------~-------- ------------ -----------------------
Commission/Council Notes:
PIAgenda,\Comm Dev CommissionlCDC 2010105-17-10 RSG and RBF proressional Services Agreemem
^'~Bw,"sR.d"',COMMISSION MEETING AGENDA
Meeting Date: 0511712010
Agenda Item Number: /2.-3'2.-
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
PROFESSIONAL SERVICES AGREEMENTS:
ROSENOW SPEV ACEK GROUP, INC. (AREA B WEST PROJECT AREAS MERGER AND
PLAN AMENDMENTS) AND RBF CONSULTING (PROGRAM EIR - AREA B WEST
PROJECT AREAS MERGER AND PLAN AMENDMENTS)
BACKGROUND:
The State College Redevelopment Project Area was adopted in 1970. Central City West was adopted
in 1975. Northwest was adopted in 1982. Uptown was adopted in 1986. Mt. Vernon was adopted in
1990 and 40th Street was adopted in 2000. Each of these project areas have had different dates for
project expiration, incurring debt, eminent domain, receiving tax increment and paying debt.
Additionally, each project area has different limits on the amount of tax increment that can be received
and debt that can be accumulated.
As a result, some project areas: (I) do not have sufficient tax increment to assist in financing projects;
(2) can no longer incur debt resulting in the Agency's inability to partner with developers that need
Agency financial assistance; (3) are approaching or have approached the cap on tax increment that can
be received to assist in needed projects; and (4) no longer have current eminent domain authority
which is a useful tool in assisting a developer in obtaining the necessary land required for a
development.
A merger of project areas is desirable if they result in substantial benefit to the public and if they
contribute to the revitalization of blighted areas through increased economic vitality of those areas and
through increased and improved housing opportunities in or near such areas. The merger of project
areas will allow the Agency the flexibility to direct redevelopment funds to the areas, projects and
programs most in need. Sections 33485 - 33489 of the California Community Redevelopment Law
(the "CRL") deal with the financial merger of project areas.
If the Agency proceeds with a merger and/or plan amendments ofthe project areas as stated above, the
Agency will also need to prepare a Program Environmental Impact Report (the "Program EIR") and
will need the services of a consultant to prepare such a document.
The purpose of the Program EIR is to provide a comprehensive description of the constraints and
opportunities for development and redevelopment within a proposed redevelopment project area, and
to provide adequate environmental assessment of all specific program areas proposed for development
and all subsequent activities necessary to implement the redevelopment programs.
CURRENT ISSUE:
In August 2008, Agency Staff researched and prepared studies to determine the feasibility of merging
and/or amending the multiple redevelopment project areas in the City of San Bernardino ("City"). It
was determined that redevelopment project areas on the east and west sides of the City would benefit
from the merger/amendment process.
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P:\AgendasIComm Dev Comrn;ssionlCDC 2010105.17_10 RSG and RBF Professional Services Agreement - Area B West $Rdoc>; COMMISSION MEETING AGENDA
Meeting Date: 9Sf9JfZ910
6<s/n/'Ul10
Agenda Item Number: tl-132-
Economic Development Agency Staff Report
RSG and RBF Area B West - Professional Services Agreement
Page 2
In July 2009, the consultants were chosen after a formal proposal process to conduct the necessary
analysis and prepare the necessary plan and environmental documentation and work commenced on
Area A: East Project Areas Merger and Plan Amendments. In an amount not to exceed $250,000, the
Rosenow Spevacek Group ("RSG") is now working on preparing the redevelopment plan merger and
amendment documentation. In addition, for an amount not to exceed $250,000, RBF Consulting ("RBF")
is heading the effort to prepare the Area A Program EIR. Both RSG and RBF are on schedule with their
respective document preparation.
In an effort to proceed with the second phase of the redevelopment project area merger and
amendments for the City's west and north project areas, the Agency desires to start the preparation of
redevelopment plan amendments and environmental documents in order to meet an adoption date of
October 2011. Agency Staff approached RSG and RBF and asked them to consider providing the
necessary services to prepare the required redevelopment plan merger, amendment and environmental
documentation.
Area B West Proiect Areas Merger and Plan Amendments
The merger and amendment process for Area B would allow the Agency to accomplish the following:
. Merge the Project Areas for financial reason considerations;
. Extend the period of effectiveness and the period to receive tax increment for each Project Area
by 10 years (as allowed by the CRL); for the State College and Central City West
Redevelopment Projects;
. Prepare an amended and restated redevelopment plan for the proposed merged area;
. Increase the financial limits establishing one total tax increment and bonded debt cap for the
existing redevelopment project areas;
. Update the Public Improvement Project's List for the proposed merged area;
. Extend or re-establish eminent domain for the existing redevelopment project areas; and
. Add territory to the existing redevelopment project areas.
The merger and amendment procedure required by the CRL for the items listed above is lengthy and
detailed. The process requires the detailed review and analysis of each existing redevelopment project
area and the area under consideration for inclusion in one or more amendment areas as well as
consultation with the taxing agencies, stakeholders and the State. Additionally, a full program
environmental impact report will be prepared to evaluate the merger and amendments.
RSG is located in Santa Ana, California, and has prepared redevelopment plans, mergers and plan
amendments for many redevelopment agencies in Southern California.
PIAgendas\Comm DevCommission\CDC 2010105-17-10 RSG and RBF Professional Services Agreement - AreaB West SR.don COMMISSION MEETING AGENDA
Meeting Date: 05/17/2010
Agenda Item Number: ~Z-
Economic Development Agency Staff Report
RSG and RBF Area B West - Professional Services Agreement
Page 3
Hence, it is proposed that the Agency continue its relationship with RSG for the preparation of
redevelopment plan merger and amendment documents for the Area B Merger and Plan Amendment.
Staff recommends that the Agency enter into a Professional Services Agreement ("Agreement") for an
amount not to exceed $296,150. In addition, at the option of the Agency and pursuant to subsequent
official 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. The
requirements for payments are noted in the Agreement. The Agreement also contains the Scope of
Work to be undertaken by RSG and will be attached to the Community Development Commission of
the City of San Bernardino ("Commission") Staff Report.
Area B West Proiect Areas Program EIR
Pursuant to the California Environmental Quality Act ("CEQA"), the Program EIR shall identify the
possible significant environmental effects of the development that may be proposed within the
redevelopment project area. The Consultant will be required to prepare a legally defensible
environmental document which fully conforms to all the requirements ofCEQA.
The Program EIR will evaluate a number of development alternatives, including a "No Project"
alternative. The "No Project" alternative - the option of no development or activity - is required to be
analyzed and addressed under CEQA. These alternatives shall range from a minimal
development/infill development concept to a probable maximum development concept of a mix of uses
that could be achieved over the life of the redevelopment project. All alternatives shall be evaluated
with the same level of detail.
The range of alternatives will be developed by the selected consultant firm, Agency and City staff and
will be based on development possibilities within the proposed redevelopment project area. It is
estimated that the preparation, review and certification of the Program EIR will require fourteen (14)
months to complete.
RBF is located in Ontario, California, with additional offices in Southern California. They have
prepared Program EIR's for redevelopment plan amendments for many redevelopment agencies in
Southern California. RBF has also prepared EIR's for projects in the City, including the North Lake
Area and South Lake Area Projects EIR and the County of San Bernardino San Sevaine Amended
Redevelopment Plan Subsequent Program EIR.
Thus, it is proposed that the Agency continue its relationship with RBF for the preparation of a
Program EIR for the Area B Merger and Plan Amendment. Agency Staff recommends that the
Agency enter into an Agreement in an amount not to exceed $238,060. In addition, at the option of the
Agency and pursuant to subsequent official action of the governing body of the Agency, the consultant
agrees to provide the Optional Services as set forth in said Exhibit "B" for the not to exceed dollar
amounts as provided therein. The requirements for payments are noted in the Agreement. The
Agreement also contains the Scope of Work to be undertaken by RBF and will be attached to the
Commission Staff Report.
P,\Agelldas\Comm DevCommissiol1\CDC 2010105-17-10 RSG and RBF Professional Services Agreement- AreaS West SR docx COMMISSION MEETING AGENDA
Meeting Date: 05/17/2010
Agenda Item Number: 12-32.-
Economic Development Agency Staff Report
RSG and RBF Area B West - Professional Services Agreement
Page 4
ENVIRONMENTAL IMPACT:
Establishing and entering into an Agreement with RSG, Inc., to prepare the necessary redevelopment
documents for the Area B West Project Areas Merger and Plan Amendments is exempt under Section
15262 Feasibility and Planning Studies of the California Environmental Quality Act ("CEQA"). In
addition, establishing and entering into an Agreement with RSG, Inc. does not meet the definition of a
"project" under Section 15378 ofCEQA.
Establishing and entering into an Agreement with RBF Consulting to prepare a Program EIR for the
Area B: West Project Areas Merger and Plan Amendments does not meet the definition of a "project"
under Section 15378 ofCEQA.
FISCAL IMPACT:
The fiscal impact for the preparation of redevelopment documentation necessary for the Area B West
Project Areas Merger and Plan Amendments will be a not to exceed amount of $296, 150.
The fiscal impact for the preparation of the Program EIR necessary for the Area B West Project Areas
Merger and Amendments will be a not to exceed amount of $238,060. Tax increment funds from the
six (6) redevelopment project areas will be utilized for both activities.
The combined not to exceed budget amount of $535,000 is within the cost estimate for these activities
and is budgeted in the FY 2009-2010 Agency Budget.
Account Budgeted Amount: $975,000
Balance as of: May 13,2010
Balance after approval of this item: $440,000
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolutions.
~:~
Emil A, Marzullo, Interim Executive Director
P:\Agendas\Comm DevCommission\CDC 2010105-17-10 RSG and RBF Professional Services Agreement- Area B West SR.docx COMMISSION MEETING AGENDA
Meeting Date: 05/17/20tO
Agenda Item Nnmber: f/!..-?> 2-
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RESOLUTION NO,
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
CONSULTANT 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
14
WHEREAS, the Community Development Commission of the City of San Bernardino (the
15 "Commission") is the governing body for the Agency; and
16
WHEREAS, the CRL Sections 33485 through and including 33489 deals with the merger of
17 project areas; and
18
WHEREAS, the CRL Sections 33450 through and including 33458 deals with amending
19 redevelopment project area plans; and
WHEREAS, in August 2008, the Agency embarked on an effort to merge and/or amend
20
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
23
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
27
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
I
P:\Agendas\Resolutions\Resolutiolls\2010\OS-17-IO RSG West Project Areas Merger Area B - Professional Services Agreement CDC Reso Adocx.
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 20 II, 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:
20
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.
24
Section 2.
This Resolution shall take effect from and after its date of adoption by this
25 Commission.
26 / / /
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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
CONSULTANT 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
meeting
10
thereof, held on the day of
11
Commission Members: Ayes
12
MARQUEZ
13 DESJARDINS
14 BRINKER
15 SHORETT
16 KELLEY
17 JOHNSON
18 MC CAMMACK
19
,2010, by the following vote to wit:
Abstain
Absent
Nays
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21
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Secretary
day of
,2010.
The foregoing Resolution is hereby approved this
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to Form:
26
::BY~
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P\Agendas\ResolulionsIResolulions\2010\05-17-10 RSG Wes! Project Areas Merger Area B - Professional Services Agreement CDC Reso Adocx
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 CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
I. SUPERVISION OF CONSULTANT. 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. PAYMENT 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
I
P:\AgendasIAgenda AltachmenlslAgenda Allachmenls\Agrmls-Amend 2010\05_17_10 RSG Inc Professional Service Agreement_Area B MergerAmendmentdocx
action of the governing body of the Agency, Consultant agrees to provide the Optional
Services as set forth in said Exhibit "8" 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
201 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. Ifthe 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 "C" 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
INFORMATION. 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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PIAgendaslAgenda AttachmemslAgenda Attachments\Agrmts-Amend 2010105.17-10 RSG Inc Professional Service Agreement_Area B MergerAmendmenl.docx
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.
II. 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 in one (I) 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:
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
BY:\~
~ Agency C sel
CONSULTANT
Dated:
Rosenow Spevacek Group, Incorporated
By:
Name:
Title:
8
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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. CONSEOUENTIAL 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.
/1/
/1/
/1/
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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 "8"
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
@ R~~"'NT ......,TY D..........T
ROSENOW SPEVACEK GROUP, INC.
309 West 4th Street
Santa Ana, CA 92701
April 19, 2010
TABLE OF CONTENTS
Transm ittal Letter................................................................................................................. 1
Rosenow Spevacek Group Inc. ...........................................................................................3
Redevelopment................................................................................................................. ..4
Recent Redevelopment Project Experience..... ... ... ... ......... ...... .... ...... ....... ......... ...... ...........6
Project Team & Resumes..................................................................................................11
Approach...................................................................................................................... .....22
Scope of Services.............................................................................................................. 26
Sched ule........................................................................................................................... .32
Fee Proposal ..................................................................................................................... 33
RSG Included Work Product .............................................................................................35
@ R ~~,.'"' OO.."IT' .m....'.'
ROSENOW SPEVACEK GROUP INC,
309 WEST 4TH STREET
SANTA ANA. CALIFORNIA
92701-4502
T 714 541 4585
F 714 541 1175
E lNFO@WEBRSG.COM
WEBR5G.COM
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 redeyelopment plan merger and
amendment services. RSG understands that the San Bernardino Economic
Development Agency ("Agency") 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 40'h 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
I mprovement 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.
REDEVELOPMENT PLANNING
REAL ESTATE ECONOMICS
HOUSING
FINANCING
REAL ESTATE ACQUISITION
ECONOMIC DEVELOPMENT
GOVERNMENT SERVICES
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:bY
Felise Acosta
Principal
3
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
Housing
Real Estate Acquisition
Real Estate Economics
Financing
Economic Development
Governm ent 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.
3
, J_ 001'1E1M-"
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.
4
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 fonnation 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. non housing 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.
5
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, VermontlManchester, 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
6
MONTALVIN 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
7
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 714.229.6728
David Belmer, Community Development Director 949.461.3437
(now wi City of Lake Forest)
8
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, Ass!. 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
9
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
10
PROJECT 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.
11
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, 90vernmental 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 andlor 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
aliocation 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
12
HITTA MOSESMAN
SENIOR ASSOCIATE & PROJECT MANAGER
Hilla 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 o...the-
ground, life-changing redevelopment projects that foster socia-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
13
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 iargest 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 EI 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
14
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
15
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 fonner 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
16
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
17
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
. Califomia Redevelopment Association
. American Planning Association
18
LADUNNI OSOSAMI
ANALYST
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 Califomia, 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
KEN SPILLBERG
ANAL YST
Ken Spill berg 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
. Califomia Redevelopment Association
20
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
. SA, History, University of Michigan, 2005, University Honors
RSG Academy
. Consulting: the RSG Way
. Analysis 101
Professional Memberships & Certifications
. Califomia Redevelopment Association
. American Planning Association
21
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 terrilory to the Existing Areas.
The following Chart summarizes the amendments under consideration:
Proposed Mergerl Amendments for City of San Bernardino Redevelopment
Proiect 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 Tenitory Restated Plan
State College ~ ~ ~ ~ ~ ~ ~
Central City West ~ ~ ~ ~ ~ ~
Northwest ~ ~ ~ ~ ~ ~
Uptown ~ ~ ~ ~ ~
Mt. Vemon ~ ~ ~ ~ ~ ~
40th Street ~ ~ ~ ~ ~
22
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 findinas based on substantial evidence that
sianificant bliaht remains in the proiect area and can not be eliminated with out the use of eminent
domain. Furthermore. the definition of bliaht was modified and is more restrictive than the
orevious 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.
23
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
oroiect area or the amount of bonded debt that can be outstandina 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
sianificant capital improvement proiects as determined bv the redevelopment aaencv. 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 mav on Iv be spent in areas where bliahtina conditions were identified or
where non-bliahted 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.
24
An important outcome of the time extension amendment is the requirement that commencing the
first fiscal vear after the amendment is adooted 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 ("LMIHF"). 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 wouid 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 infonnation 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 redeveiopment 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 adopt 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 confinned by the Agency.
25
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.i
26
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
27
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
28
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 IO-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
(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 residentiai 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
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
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.
Reaevelopment AlJeney of the City of San Bernardino
Merged Area B Merger and Amendme'"
SUMMARY SCHEDULE
April 15,2010
Document Agency Planning CDC City Council
Committee Commission
Su'--'AreaResoluUon -- 7/5110
PreliminaruPlan 7122110 8125110 916110 -
Redevelo entPlan 919110 9122/10 3fTlll --
Prellmlna . " 919110 1212OJ10
PAC Fonnation 7/19110 10/18110
ReonrttoCOundl 2/10111 3/7/11 311111
Joint Public Hnrl....
COC & COuncil COnsent
Noticl 11 da""beforehean<V'O\
JoinlF'IJblicHearina
317111
311&'11512111
512/11
lin
Requesl for School Dislrict 711/10
Pro'ections
StatementofP &DOFR " 9/7/10
. T 12/21/10
OOFIHCD Report & Healir.g Notice 3118111
145 da""before hearinn\
Ordlnal1C8EffectlY1
Fi~IReading
6/6111
Second ReadlnalAdoDlion
6/20111
I Ordinance Challenge Period Ends
10119111
32
33
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
Fee
Total Labor Other
Hours Cost Costs
TOTAL
TASK A - PROCESSING & DOCUMENTATION
Meetings (project team, Agency/CC/PC & TA) 180 $26,980 $26,980
Project coordinationl Schedule Preparation & Updates 160 $22,300 $22.300
Survey Area/Preliminary Plan 32 $4,420 $4,420
Engineer- Map and Legal Description $20,000 $20,000
Blight Fieid Survey & Preparation 322 $38,040 $2,500 $40,540
Data ColiectionlResearch/Analysis 336 $40.320 $500 $40,820
Financial Analysis for Merger 100 $14.900 $14,900
Prepare Amend Merged Redev Plan gO $11.880 $11,880
Prepare Preliminary Report 262 $33.620 $33,620
Coordinate with Environmental Consultant 40 $6,040 $500 $6,540
HCD Blight Report/Report to CC incl Amend Impl Pian 168 $23,970 $50 $24,020
Prepare Taxing Agency Mailing List/Conduct TA Mailings. 15 $1,595 $2,100 $3,695
Assist City Prepare Owner, tenant, etc. PH Mailing List 62 $6,595 $6,595
Prepare Draft PH Notices 32 $3,615 $3,615
Community Mtg.Joint Public Heartng, adoption mtg & preparation 100 $14,900 $14,900
Prepare Written Responses to Written Objections 29 $4,260 $4,260
Prepare Staff Reports & Resolutions 60 $8,480 $8,480
Foilow-up/Assist staff with recordation etc. 11 $1,085 $1,085
Reproduction, Rept To CC Notebooks and Other Costs $0 $7,500 $7,500
Total 1999 $263,000 $33.150 $296,150
- -~-~Jt!ut~J{';U'"~~"T,'.;'.",. ,." ;;fl"li'.~.~
Project Area Committee/Procedures/Fonnatlon & Meetings 308 $42,240 $1,000 $43,240
Community Meeting, PAC Fonnation Mailing and Joint Public Hearing Mailing (Estimate) $45,000
Total All Costs $384,390
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 hourty rate.
35
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 6 meetings
Agency/City Council/Planning Commission 4 meetings
Community Meeting 1 meeting
Taxing Agency Discussions 2 meetings
Public Hearing 2 meetinas
Total 15 meetings
SCHEDULING
Prepare, monitor and update the plan amendment schedule
36
COORDINA TlON/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 inciuded. All required documents will be provide by
RSG except the EIR which will be provided to the Agency's environmentai 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
CONSULTANT
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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-N~.~.~~~~~~~:=~~==2N~~~=~~~~~~~::==~~=:
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:
(I) 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.
II
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RESOLUTION NO.:
1
2
3
4
5
6
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 RBF CONSULTING, TO PROVIDE CONSULTANT
SERVICES IN CONNECTION WITH THE PREPARATION OF A PROGRAM
ENVIRONMENTAL IMPACT REPORT 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)
7
8
9
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is a
10 public body, corporate and politic existing under the laws of the State of California, Community
11 Redevelopment Law, Health and Safety Code 33000, et seq. (the "CRL"), and is charged with the
12 mission of redeveloping blighted and underutilized land; and
13
WHEREAS, the Community Development Commission of the City of San Bernardino (the
14 "Commission") is the governing body for the Agency; and
15
WHEREAS, the Agency seeks to prepare the necessary documentation for the merger and/or
16 amendment of certain redevelopment area plans (State College, Central City West, Northwest,
17 Uptown, Mt. Vernon and 40th Street); and
18
WHEREAS, the California Environmental Quality Act (the "CEQA"), Section 15378 (a) (I),
19 defines this type of activity to be a project; and
20
WHEREAS, CEQA Section 15063, outlines the preparation of a preliminary analysis to
21 determine the projects' impact on the environment; and
22
WHEREAS, CEQA Section 15168, provides for the preparation of a Program
23 Environmental Impact Report (the "Program EIR"); and
24
WHEREAS, in late 2008, the Agency embarked on an effort to merge and/or amend a number
25 of redevelopment project areas, and that redevelopment project areas on the east and west sides of the
26 City of San Bernardino would benefit from the merger/amendment process; and
27 WHEREAS, in July 2009, the Agency selected consultants after a formal proposal process to
28 conduct the necessary analysis and prepare the necessary plan and environmental documentation,
I
P:\AgendasIResolulions\Resolulions\20 I 0\05-17-1 0 RBF Program EIR Area B - Professional Services Agreement CDC Reso B_docx
1 and started work on the east side redevelopment project areas (known as the San Bernardino Merged
2 Area A Merger and Amendments); and
3 WHEREAS, RBF Consulting (the "Consultant") is now preparing a Program ErR for the
4 Merged Area A redevelopment project; and
5 WHEREAS, the Agency now desires to move forward with the west side redevelopment
6 areas, Area B: West Project Areas Merger and Plan Amendments; and
7 WHEREAS, in order to meet an adoption date of October 2011, the Agency needs to start
8 preparation of the necessary redevelopment plan and environmental documents, and approached the
9 Consultant to provide the necessary services to prepare a Program EIR for the Area B Merger and
10 Plan Amendment Project; and
11 WHEREAS, on April 22, 2009, the Redevelopment Committee of the Economic
12 Development Agency of the City of San Bernardino (the "Redevelopment Committee")
13 recommended to the Commission approval of an agreement for professional services (the
14 "Agreement"), attached hereto, by and between the Agency and the Consultant to accomplish any
15 and all tasks necessary to prepare, complete and certify a Program EIR for the Area B Merger and
16 Plan Amendment Project; and
17 WHEREAS, the Redevelopment Committee recommended that the Commission approve
18 this Agreement and authorize the Interim Executive Director of the Agency to execute said
19 Agreement.
20 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
21 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
22
Section 1.
The Commission hereby approves the Agreement and hereby authorizes the
23 Interim Execute Director of the Agency to execute the Agreement with Consultant on behalf of the
24 Agency, together with any technical and conforming changes as may be recommended by the
25 Interim Executive Director of the Agency and approved by the Agency Counsel.
26
Section 2.
This Resolution shall take effect from and after its date of adoption by this
27 Commission.
/II
28
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1
2
3
4
5
6
7
8
9
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 RBF CONSULTING. TO PROVIDE CONSULTANT
SERVICES IN CONNECTION WITH THE PREPARATION OF A
PROGRAM ENVIRONMENTAL IMPACT REPORT 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
meeting
,2010, by the following vote to wit:
Nays
Abstain
Absent
20
Secretary
21 The foregoing Resolution is hereby approved this
day of
,2010.
22
23
24
Patrick 1. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
25 Approved as to Form:
~: By: c0l
Agency ~sel
28
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
RBF CONSULTING
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 RBF CONSULTING,
("Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
I. SUPERVISION OF CONSULTANT. 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. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not to exceed
$238,060 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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P\Agendas\Agenda AUachmenlS\Agenda Allachrnents\Agrmts-Amend 2010\05.17-10 RBF Consulting Professional Service Agreement_Area B MergerAmendmentdocx
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
201 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 "C" 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
INFORMATION. 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 deliyered 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 MATERlALS 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:
RBF Consulting
Attention: Collette L. Morse, AICP
3300 E, Guasti Road, Suite 100
Ontario, California 91761
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 ofrace, 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 in 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) City of San Bernardino - WQMP & Plan Checking Services - On Call Contract - 2
Years, and (ii) City of San Bernardino - Verdemont Water - Construction Management Services
6
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for a) Palm Avenue Pump Station, b) Magnolia Pump Station, c) Palm Connector Transmission
Main Extension and d) Palm Reservoir. The Consultant hereby agrees that, during the term of this
Agreement, the Consultant shall not enter into any agreement or acquire any interests 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. CONSEOUENTIAL 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 REGISTRA TION CERTIFICATE. The Consultant warrants that it possesses, or shall
obtain immediately after the execution and delivery of this Agreement, and maintain during the
period oftime that this Agreement is in etl'ect, 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.
/11
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11/
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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:
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By:
Emil A. Marzullo, Interim Executive Director
Approved as to Form and Legal Content:
BY:\~
Agency nsel
CONSULTANT
Dated:
RBF Consulting
By:
Name:
Title:
8
P:lAgendaslAgenda AUacnmenh\Agenda AllachmentslAgrmts-Amend 2010105-17.10 RBF Consulting Professional Service Agreement_Area B MergerAmendmentdocx
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
10
P\Agendas\Agenda Attachmeots\Agenda Anachmenls\Agrmts-Amend 20 I 0\05-17-10 RBF Consulting Professional Service Agreement_Area B MergerAmendmenl.docx
PROPOSAL FOR CONSULTING SERVICES
MERGED AREA B
MERGERS AND PLAN AMENDMENTS
ENVIRONMENTAL IMPACT REPORT
Submitted to:
Submitted by:
~
CONBULTING
April 22, 2010
~
CDNBUL:rIND
April 22, 2010
Mr. Don Gee, Deputy Director
Mr. Jeffrey Smith, AICP, Senior Urban Planner
City of San Bernardino Economic Development Agency
201 North E Street, Suite 301
San Bernardino, CA 92401
Subject:
Proposal for Preparation of a Program Environmental Impact Report for the
Merged Area B Mergers and Plan Amendments
Dear Mr. Gee and Mr. Smith:
RBF Consulting (RBF) greatly appreciates the opportunity to provide the Economic
Development Agency (Agency) with a Proposal for the preparation of a Program
Environmental Impact Report (EIR) for the Merged Area B Mergers and Plan Amendments
project.
We believe our current experience with the Agency and RSG, the Redevelopment
Consultant, on the Program EIR for the Merged Area A Mergers and Plan Amendments
project has provided the RBF Team with a clear understanding of both the redevelopment
merger and amendment process in San Bernardino and the type of issues to be reviewed in
the EIR. This knowledge allows the RBF Team to "hit the ground running" on the Merged
Area B EIR.
For this EIR, the Agency will have the skills, resources, and relevant experience
necessary to quickly and cost-effectively complete the environmental process, as
highlighted below.
. RBF Team: RBF will utilize the same key Team members for this assignment. Kevin
Thomas, will serve as Project Director, and Collette Morse, AICP, will serve as Project
Manager. Key analysts and technical specialists include Aaron Pfannenstiel, AICP,
Brian Allee, Eddie Torres, INCE, Achilles Malisos, Kelly Chiene, Kristen Bogue, Paul
Martin, PE, and Phillip Masto. All of these Team members are currently working on the
Merged Area A EIR. New RBF Team members for this assignment include Tom McGill,
RBF's Natural Resources Practice Leader, who will prepare the biological resources
technical report. In addition, the Team includes Jennifer Sanka from PBS&J, who will
prepare the cultural resources technical report.
PLANNING . DESII3N . CONSTRUCTION
14725 Alton Parkway, Irvine, CA 92618.2027. P.O. Box 57057, Irvine, CA 92619-7057.949.472.3505. FAX 949.472.8373
Offices located1hroughout California, Arizona & Nevada _ WW'IN.RBF.com
April 22, 2010
Mr. Don Gee and Mr. Jeffrey Smith, AlCP
Page Two
. Ability to Meet Project Schedule: RBF has reviewed the preliminary schedule
provided by the Agency for the Merged Area B Mergers and Plan Amendments project,
and has developed an EIR schedule that is consistent with the dates identified in the
preliminary schedule. We are confident we can complete the EIR within the time
frame established forthis project.
On behalf of the RBF Team, thank you for the opportunity to submit this Proposal to the
Agency, which jncludes the following items: Introduction, Understanding, Scope of Work,
Budget, and Schedule.
As a Vice President of the Firm, I am duly authorized to submit this Proposal and to
negotiate with the Agency on behalf of RBF. Furthermore, as the designated point of
contact for this project, please do not hesitate to contact me at (949) 855-3653 or
cmorse@rbf.com if you should have any questions or require further information. The RBF
Team is available to begin this priority work effort immediately, and looks forward to the
opportunity to continue our working relationship with the Agency.
Respectfully submitted,
(!tRmh)j7/fJ.W-
Collette L. Morse, AICP
Vice President
Planning / Environmental Services
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Introduction and Understanding
Introduction
RBF Consulting (RBF) has submitted this proposal to prepare an Environmental Impact
Report (EIR) to assess potential impacts and identifY mitigation measures for the proposed
San Bernardino Merged Area B - Merger and Amendments for the Redevelopment Agency
(the "Agency") of the City of San Bernardino (the "City"). The Draft EIR, Final EIR, and
associated work products will be prepared in accordance with the criteria, standards, and
provisions of the California Environmental Quality Act (CEQA) of 1970, as amended
(California Public Resources Code Section 21000 et seq.), CEQA Guidelines (California Code
of Regulations, Title 14, Section 15000 et seq.), the City of San Bernardino Environmental
Guidelines, and the regulations, requirements, and procedures of any other responsible
public agency with jurisdiction by law.
Our Scope of Work is a comprehensive review of potential issues associated with the
proposed project. We welcome the opportunity to meet with the Agency to discuss and
refine the Scope of Work to meet the Agency's needs.
Project Understanding
The Agency is seeking to retain a consultant to prepare a Program EIR for the proposed
merger of six redevelopment project areas and an area that is proposed to be added (the
"Project Areas") as follows:
State College Plan
Central City West
Uptown
Northwest
Mt. Vernon Corridor
40th Street
Proposed Added Area
In addition to using the Program EIR as an information and decision-making tool, the
Agency, in conjunction with the City Council, intends to use the environmental analysis to
assess the feasibility of establishing a redevelopment project and to ascertain programs
and projects that can be undertaken to eliminate blight.
The purpose of the Program EIR is to provide a comprehensive description of the
constraints and opportunities for development within the proposed Merged Project Areas,
and to provide adequate environmental assessment of all specific program areas proposed
for revitalization or redevelopment programs.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Scope of Work
The following Scope of Work has been prepared based on the information provided within
the Agency's Request for Proposal. The associated cost estimate, which is based on this
scope, is included at the end of this section.
Project Assumptions
For this Scope of Work, RBF assumes the following:
. RBF assumes that a Program EIR will be prepared for the proposed project.
. RBF has assumed that the Project Description will be finalized prior to the
distribution of the Initial Study / NOP. This notice is scheduled to be published six
weeks after the Notice to Proceed.
. RBF assumes that three project alternatives plus the No Project Alternative will be
used within the Alternatives section of the Environmental Analysis.
. If Agency review deadlines are not met, possible delays could occur. RBF would not
be held responsible for delays associated with extended Agency review periods.
Task 1.0 Project Scoping
Subtask 1.1: Kickoff Meeting
RBF will conduct an initial orientation meeting with the Agency and the Redevelopment
Consultant in order to ensure agreement on the basic project elements. The meeting will
include review of available City reference document, project materials, and relevant
technical information applicable to the project. Items to be addressed at the kickoff
meeting include the project description, alternatives, project schedule, and public
scoping/ consultation process. This task assumes a total of 16 hours of time for up to four
RBF staff members, including travel, meeting preparation, and meeting attendance time.
Subtask 1.2: Research and Investigation
RBF will obtain and review available data for the Project Areas, as well as policy
documentation from the City of San Bernardino Redevelopment Agency, Planning
Department, County of San Bernardino, the Southern California Association of
Governments, local, state, and federal Agencies, and other agencies which may be affected
by the project. This information, along with environmental data and information available
from the Agency, City and other nearby jurisdictions, will become part of the foundation of
the EIR and will be reviewed and incorporated into the analysis, as deemed appropriate.
As part of this task RBF will also conduct additional discussions with local, state, and
federal agencies that will assist in the early stages of the analysis and issue identification if
it is deemed necessary. Early consultation with these agencies is generally beneficial for
properly scoping the review process for the project.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Subtask 1.3: Field Reconnaissance
Several RBF Team members will conduct a field study with the Redevelopment Consultant
during the blight survey of the site, reviewing existing land use and environmental
conditions and conducting a photographic recording of on-site and surrounding uses.
Subtask 1.4: Initial Study / Notice of Preparation
Based upon early consultation with the Agency, City, and other nearby jurisdictions, RBF
will prepare an Initial Study. RBF will ensure that the project will be analyzed for potential
to create significant environmental impacts in the areas specified on the City's approved
environmental checklist.
RBF Consulting will prepare a Notice of Preparation (NOP) for review and approval by the
Agency. Once approved, RBF will send the NOP to the State Clearinghouse, post the NOP at
the County Clerks' Offices, and distribute the document to responsible, trustee, and other
interested/relevant agencies. Distribution will be based on an Agency-approved
distribution list to be prepared and maintained by RBF Consulting in conjunction with the
Agency. This task includes certified mailing of a maximum of 30 notices to affected
agencies and interested parties. RBF Consulting assumes that posting in the local
newspaper and any radius mailing will be provided by the Agency. Comments received in
response to the NOP will be evaluated during the preparation of the EIR.
Subtask 1.5: Scoping Meeting
As part of the environmental review process a public scoping meeting, which may also
involve federal. state or other local agencies, will be conducted. The intent of this meeting
is to provide a brief project overview presentation allowing the community to gain an
understanding of the proposed project and provide opportunities to comment. Staff
members from the Agency and RBF would facilitate this meeting.
The Scoping Meeting will emphasize the review process and will be presented so that the
community can gain a greater understanding of the proposed project, as well as the intent
and requirements of CEQA. RBF will provide handouts and up to two presentation-size
graphics to supplement the discussion. Following the presentation, the meeting will be
devoted to public participation, questions, and comments. Written comment forms will be
provided for this purpose, and these comments, along with verbal comments, will become a
part of the administrative record.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Task 1.0 Output:
. One Kickoff Meeting
. One Public Scoping Meeting
.. ~o gm ~~~earcha~q~C!1e.
Task 2.0
Administrative Draft EIR
Subtask 2.1: Executive Summary
The Executive Summary for the EIR will include a project summary, an overview of project
impacts, mitigation, and levels of significance after mitigation, and summary of project
alternatives. The Executive Summary will be completed and submitted for Agency Staff
review at the time the Draft EIR is prepared.
Subtask 2.2: Introduction and Purpose
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City's CEQA
Implementation procedures to which the proposed project is subject. This section will
identify the purpose of the study and statutory authority, document scoping procedures,
provide a summary of the EIR format, provide a listing of responsible and trustee agencies,
and provide a listing of documentation incorporated by reference.
Subtask 2.3: Project Description
The Project Description section will detail the project location, background, and history of
the project, discretionary actions, characteristics, goals and objectives, phasing,
agreements, and permits and approvals which are required for the proposed project based
on available information. As part of this section, RBF will work with Agency Staff to
identify the specific redevelopment projects and programs that will be analyzed in the EIR.
It is anticipated that the projects and programs list will be based on information obtained
from the Amended and Merged Redevelopment Plan and Preliminary Report.
Subtask 2.3.1: Vacant Land Development Potential
To assess the development potential associated with the proposed redevelopment actions,
RBF will perform a vacant land development potential analysis of the proposed Project
Areas. This analysis will be based on the vacant land data set provided by Redevelopment
Consultant and will include the preparation of tables identifying potential development
properties and calculations for the amount of anticipated development based on existing
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
zoning. Identifying the vacant land development potential is critical for analysis
throughout the EIR. For budgeting purposes, we have assumed a total of 56 hours of RBF
Staff time to prepare the vacant land development potential. Should the work effort to
develop the development potential require more than the budgeted time, this task would
be re-scoped. Additional time would be billed on a time and materials basis under a
separate agreement.
Subtask 2.4: Basis of Cumulative Analysis
In accordance with CEQA Guidelines Section 15130, this section provides a detailed listing
of cumulative projects and actions under consideration for the analysis. As stated in
Subtask 2.7, Cumulative Impacts, the likelihood of occurrence and level of severity will be
studied. The purpose of this section is to present a listing and description of projects, past,
present and anticipated in the reasonably foreseeable future, even if those projects are
outside of the jurisdiction of San Bernardino. The potential for impact and levels of
significance are contingent upon the radius or area of interaction with the Project Areas.
RBF will consult with Agency Staff and other applicable local jurisdictions to define the
appropriate study area for the cumulative analysis, as described in Subtask 2.7.
Subtask 2.5: Environmental Analysis
RBF will evaluate the necessary information with respect to the existing conditions, the
potential adverse effects of project implementation (both individual and cumulative), and
measures to mitigate such effects. Environmental issues raised during the scoping process
(Notice of Preparation responses, Scoping Meeting comments, and any other relevant and
valid informative sources) will also be evaluated. The analyses will be based upon all
available data, results from additional research, and an assessment of existing technical
data.
The Environmental Analysis section of the EIR will thoroughly discuss the existing
conditions for each environmental issue area; identify short-term and long-term
environmental impacts associated with the project and their levels of significance.
Feasible mitigation measures will be recommended to reduce the significance of impacts
and identify areas of unavoidable significant adverse impacts even after mitigation. This
section will include analysis for the following environmental issue areas.
A. Aesthetics
RBF will evaluate the potential impacts to sensitive viewpoints throughout the Project
Areas utilizing ground-level site photographs. Impacts will be assessed in terms of
visibility, alteration to the existing visual setting, and sensitivity of viewpoints that could
occur with future development under the proposed project.
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PROPOSAL FOR CONSULTING SERVICES
MERGED AREA B
MERGERS AND PLAN AMENDMENTS
ENVIRONMENTAL IMPACT REPORT
Submitted to:
Submitted by:
~
CONSULTING
April 22, 2010
~
CDNBUL:rINII
April 22, 2010
Mr. Don Gee, Deputy Director
Mr. Jeffrey Smith, AICP, Senior Urban Planner
City of San Bernardino Economic Development Agency
201 North E Street, Suite 301
San Bernardino, CA 92401
Subject:
Proposal for Preparation of a Program Environmental Impact Report for the
Merged Area B Mergers and Plan Amendments
Dear Mr. Gee and Mr. Smith:
RBF Consulting (RBF) greatly appreciates the opportunity to provide the Economic
Development Agency (Agency) with a Proposal for the preparation of a Program
Environmental Impact Report (EIR) for the Merged Area B Mergers and Plan Amendments
project.
We believe our current experience with the Agency and RSG, the Redevelopment
Consultant, on the Program ElR for the Merged Area A Mergers and Plan Amendments
project has provided the RBF Team with a clear understanding of both the redevelopment
merger and amendment process in San Bernardino and the type of issues to be reviewed in
the EIR. This knowledge allows the RBF Team to "hit the ground running" on the Merged
Area B EIR.
For this EIR, the Agency will have the skills, resources, and relevant experience
necessary to quickly and cost-effectively complete the environmental process, as
highlighted below.
. RBF Team: RBF will utilize the same key Team members for this assignment. Kevin
Thomas, will serve as Project Director, and Collette Morse, AICP, will serve as Project
Manager. Key analysts and technical specialists include Aaron Pfannenstiel, AICP,
Brian Allee, Eddie Torres, INCE, Achilles Malisos, Kelly Chiene, Kristen Bogue, Paul
Martin, PE, and Phillip Masto. All of these Team members are currently working on the
Merged Area A EIR. New RBF Team members for this assignment include Tom McGill,
RBF's Natural Resources Practice Leader, who will prepare the biological resources
technical report. In addition, the Team includes Jennifer Sanka from PBS&J, who will
prepare the cultural resources technical report.
PLANNING . DESIGN . CONSTRUCTION
14725 Alton Parkway, Irvine. CA 92618-2027. P.O. Box 57057, Irvine, CA 92619-7057.949.472.3505. FAX949.472.8373
Offices located throughout California, Arizona & Nevada _ www.RBF.com
April 22, 2010
Mr. Don Gee and Mr. Jeffrey Smith, AlCP
Page Two
· Ability to Meet Project Schedule: RBF has reviewed the preliminary schedule
provided by the Agency for the Merged Area B Mergers and Plan Amendments project,
and has developed an EIR schedule that is consistent with the dates identified in the
preliminary schedule. We are confident we can complete the EIR within the time
frame established for this project.
On behalf of the RBF Team, thank you for the opportunity to submit this Proposal to the
Agency, which includes the following items: Introduction, Understanding, Scope of Work,
Budget, and Schedule.
As a Vice President of the Firm, I am duly authorized to submit this Proposal and to
negotiate with the Agency on behalf of RBF. Furthermore, as the designated point of
contact for this project, please do not hesitate to contact me at (949) 855-3653 or
cmorse(Q)rbf.com if you should have any questions or require further information. The RBF
Team is available to begin this priority work effort immediately, and looks forward to the
opportunity to continue our working relationship with the Agency.
Respectfully submitted,
~ti~
Collette L. Morse,AICP
Vice President
Planning / Environmental Services
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Proposal for Merged Area 8
Mergers and Plan Amendments Project
Environmental Impact Report
Introduction and Understanding
Introduction
RBF Consulting (RBF) has submitted this proposal to prepare an Environmental Impact
Report (EIR) to assess potential impacts and identify mitigation measures for the proposed
San Bernardino Merged Area B - Merger and Amendments for the Redevelopment Agency
(the "Agency") of the City of San Bernardino (the "City"). The Draft EIR, Final EIR, and
associated work products will be prepared in accordance with the criteria, standards, and
provisions of the California Environmental Quality Act (CEQA) of 1970, as amended
(California Public Resources Code Section 21000 et seq.), CEQA Guidelines (California Code
of Regulations, Title 14, Section 15000 et seq.), the City of San Bernardino Environmental
Guidelines, and the regulations, requirements, and procedures of any other responsible
public agency with jurisdiction by law.
Our Scope of Work is a comprehensive review of potential issues associated with the
proposed project. We welcome the opportunity to meet with the Agency to discuss and
refine the Scope of Work to meet the Agency's needs.
Project Understanding
The Agency is seeking to retain a consultant to prepare a Program EIR for the proposed
merger of six redevelopment project areas and an area that is proposed to be added (the
"Project Areas") as follows:
State College Plan
Central City West
Uptown
Northwest
Mt. Vernon Corridor
40th Street
Proposed Added Area
In addition to using the Program EIR as an information and decision-making tool, the
Agency, in conjunction with the City Council, intends to use the environmental analysis to
assess the feasibility of establishing a redevelopment project and to ascertain programs
and projects that can be undertaken to eliminate blight.
The purpose of the Program EIR is to provide a comprehensive description of the
constraints and opportunities for development within the proposed Merged Project Areas,
and to provide adequate environmental assessment of all specific program areas proposed
for revitalization or redevelopment programs.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Scope of Work
The following Scope of Work has been prepared based on the information provided within
the Agency's Request for Proposal. The associated cost estimate, which is based on this
scope, is included at the end of this section.
Project Assumptions
For this Scope of Work, RBF assumes the following:
. RBF assumes that a Program EIR will be prepared for the proposed project.
. RBF has assumed that the Project Description will be finalized prior to the
distribution of the Initial Study/ NOP. This notice is scheduled to be published six
weeks after the Notice to Proceed.
. RBF assumes that three project alternatives plus the No Project Alternative will be
used within the Alternatives section of the Environmental Analysis.
. If Agency review deadlines are not met, possible delays could occur. RBF would not
be held responsible for delays associated with extended Agency review periods.
Task 1.0 Project Seoplng
Subtask 1.1: Kickoff Meeting
RBF will conduct an initial orientation meeting with the Agency and the Redevelopment
Consultant in order to ensure agreement on the basic project elements. The meeting will
include review of available City reference document, project materials, and relevant
technical information applicable to the project. Items to be addressed at the kickoff
meeting include the project description, alternatives, project schedule, and public
scoping/ consultation process. This task assumes a total of 16 hours of time for up to four
RBF staff members, including travel. meeting preparation, and meeting attendance time.
Subtask 1.2: Research and Investigation
RBF will obtain and review available data for the Project Areas, as well as policy
documentation from the City of San Bernardino Redevelopment Agency, Planning
Department, County of San Bernardino, the Southern California Association of
Governments, local, state, and federal Agencies, and other agencies which may be affected
by the project. This information, along with environmental data and information available
from the Agency, City and other nearby jurisdictions, will become part of the foundation of
the EIR and will be reviewed and incorporated into the analysis, as deemed appropriate.
As part of this task RBF will also conduct additional discussions with local, state, and
federal agencies that will assist in the early stages of the analysis and issue identification if
it is deemed necessary. Early consultation with these agencies is generally beneficial for
properly scoping the review process for the project.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Subtask 1.3: Field Reconnaissance
Several RBF Team members will conduct a field study with the Redevelopment Consultant
during the blight survey of the site, reviewing existing land use and environmental
conditions and conducting a photographic recording of on-site and surrounding uses.
Subtask 1.4: Initial Study / Notice of Preparation
Based upon early consultation with the Agency, City, and other nearby jurisdictions, RBF
will prepare an Initial Study. RBF will ensure that the project will be analyzed for potential
to create significant environmental impacts in the areas specified on the City's approved
environmental checklist.
RBF Consulting will prepare a Notice of Preparation (Nap) for review and approval by the
Agency. Once approved, RBF will send the Nap to the State Clearinghouse, post the NOP at
the County Clerks' Offices, and distribute the document to responsible, trustee, and other
interested/relevant agencies. Distribution will be based on an Agency-approved
distribution list to be prepared and maintained by RBF Consulting in conjunction with the
Agency. This task includes certified mailing of a maximum of 30 notices to affected
agencies and interested parties. RBF Consulting assumes that posting in the local
newspaper and any radius mailing will be provided by the Agency. Comments received in
response to the Nap will be evaluated during the preparation of the EIR.
Subtask 1.5: Scoping Meeting
As part of the environmental review process a public scoping meeting, which may also
involve federal. state or other local agencies, will be conducted. The intent of this meeting
is to provide a brief project overview presentation allowing the community to gain an
understanding of the proposed project and provide opportunities to comment. Staff
members from the Agency and RBF would facilitate this meeting.
The Scoping Meeting will emphasize the review process and will be presented so that the
community can gain a greater understanding of the proposed project, as well as the intent
and requirements of CEQA. RBF will provide handouts and up to two presentation-size
graphics to supplement the discussion. Following the presentation, the meeting will be
devoted to public participation, questions, and comments. Written comment forms will be
provided for this purpose, and these comments, along with verbal comments, will become a
part of the administrative record.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Task 1.0 Output:
. One Kickoff Meeting
. One Public Scoping Meeting
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Task 2.0
Administrative Draft ErR
Subtask 2.1: Executive Summary
The Executive Summary for the EIR will include a project summary, an overview of project
impacts, mitigation, and levels of significance after mitigation, and summary of project
alternatives. The Executive Summary will be completed and submitted for Agency Staff
review at the time the Draft EIR is prepared.
Subtask 2.2: Introduction and Purpose
The Introduction will cite the provisions of CEQA, the CEQA Guidelines, and the City's CEQA
Implementation procedures to which the proposed project is subject. This section will
identify the purpose of the study and statutory authority, document scoping procedures,
provide a summary of the EIR format, provide a listing of responsible and trustee agencies,
and provide a listing of documentation incorporated by reference.
Subtask 2.3: Project Description
The Project Description section will detail the project location, background, and history of
the project, discretionary actions, characteristics, goals and objectives, phasing,
agreements, and permits and approvals which are required for the proposed project based
on available information. As part of this section, RBF will work with Agency Staff to
identify the specific redevelopment projects and programs that will be analyzed in the EIR.
It is anticipated that the projects and programs list will be based on information obtained
from the Amended and Merged Redevelopment Plan and Preliminary Report.
Subtask 2.3.1: Vacant Land Development Potential
To assess the development potential associated with the proposed redevelopment actions,
RBF will perform a vacant land development potential analysis of the proposed Project
Areas. This analysis will be based on the vacant land data set provided by Redevelopment
Consultant and will include the preparation of tables identifying potential development
properties and calculations for the amount of anticipated development based on existing
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
zoning. IdentifYing the vacant land development potential is critical for analysis
throughout the EIR. For budgeting purposes, we have assumed a total of 56 hours of RBF
Staff time to prepare the vacant land development potential. Should the work effort to
develop the development potential require more than the budgeted time, this task would
be re-scoped. Additional time would be billed on a time and materials basis under a
separate agreement.
Subtask 2.4: Basis of Cumulative Analysis
In accordance with CEQA Guidelines Section 15130, this section provides a detailed listing
of cumulative projects and actions under consideration for the analysis. As stated in
Subtask 2.7, Cumulative Impacts, the likelihood of occurrence and level of severity will be
studied. The purpose of this section is to present a listing and description of projects, past,
present and anticipated in the reasonably foreseeable future, even if those projects are
outside of the jurisdiction of San Bernardino. The potential for impact and levels of
significance are contingent upon the radius or area of interaction with the Project Areas.
RBF will consult with Agency Staff and other applicable local jurisdictions to define the
appropriate study area for the cumulative analysis, as described in Subtask 2.7.
Subtask 2.5: Environmental Analysis
RBF will evaluate the necessary information with respect to the existing conditions, the
potential adverse effects of project implementation (both individual and cumulative), and
measures to mitigate such effects. Environmental issues raised during the scoping process
(Notice of Preparation responses, Scoping Meeting comments, and any other relevant and
valid informative sources) will also be evaluated. The analyses will be based upon all
available data, results from additional research, and an assessment of existing technical
data.
The Environmental Analysis section of the EIR will thoroughly discuss the existing
conditions for each environmental issue area; identify short-term and long-term
environmental impacts associated with the project and their levels of significance.
Feasible mitigation measures will be recommended to reduce the significance of impacts
and identifY areas of unavoidable significant adverse impacts even after mitigation. This
section will include analysis for the following environmental issue areas.
A. Aesthetics
RBF will evaluate the potential impacts to sensitive viewpoints throughout the Project
Areas utilizing ground-level site photographs. Impacts will be assessed in terms of
visibility, alteration to the existing visual setting, and sensitivity of viewpoints that could
occur with future development under the proposed project.
~
5
CDN.UL.TINCI
Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
RBF will also address potentially significant impacts generated by the introduction of light
and glare associated with the implementation of the proposed project. This analysis will
include a light and glare impact discussion. RBF will review and incorporate existing City
policies and guidelines regarding light and glare for inclusion within the EIR. RBF will
recommend mitigation measures to reduce potential aesthetic and light and glare impacts
to the maximum extent possible.
B. Air Quality jGreenhouse Gases
The proposed project is located under the jurisdiction of the South Coast Air Quality
Management District (SCAQMD) in the South Coast Air Basin. The existing conditions
portion of this Section will provide a discussion on the current status of the California Clean
Air Act, the SCAQMD's 2007 Air Quality Management Plan and the SCAQMD's CEQA Air
Quality Handbook. Existing pollutant data will be obtained from the nearest SCAQMD
monitoring station. This data will be summarized in a table clearly indicating days
exceeding State and Federal Standards for monitored pollutants. The various types of
pollutants monitored at the station will also be described and sensitive receptors in the
vicinity of the project site will be identified.
RBF will review merger and plan amendments and provide a qualitative construction air
emissions analysis commensurate with the data provided. RBF will quantify vehicular and
area source emissions based on the "Existing" and "Forecast" scenarios, then provide a
comparison to the SCAQMD's thresholds of significance. The emissions will be
quantitatively derived utilizing the EMFAC2007, URBEMIS2007, and other models
prescribed by the California Air Resources Board (CARB). Project consistency with
regional air quality plans will be evaluated.
RBF will follow the approach described in the California Air Pollution Control Officers
(CAPCOA) CEQA and Climate Change White Paper (White Paper) Uanuary 2008) and
CARB's Climate Change Proposed Scoping Plan (Scoping Plan)(October 2008). RBF will
describe the status of regulatory development of Assembly Bill 32, Senate Bill 97, Senate
Bill 375, and Executive Order S-3-05. RBF will prepare an inventory of greenhouse gas
(GHG) emissions associated with vehicle miles traveled (VMT) and energy consumption.
The level of accuracy of the emissions inventory will be dependent upon the detail of
information provided for use in the greenhouse gas model. The analysis will conclude the
projects level of significance in relation to a limit developed through the Scoping Plan and
White Paper. The analysis will be structured to respond to the criteria specified in the
CEQA Guideline Amendments that became effective on March 18,2010.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
EnvironmentaIlmpact Report
C. Biological Resources
RBF will prepare both the biological resources technical report and EIR section. The
technical report includes the following tasks.
Literature Review
RBF will review any available data for sensitive Species potentially occurring within the
City of San Bernardino to determine which sensitive resources are likely to occur within
any of the seven redevelopment areas. A database search of the California Natural
Diversity Data Base (CNDDB) regarding sensitive species and habitats known to occur in
the region and vicinity of the site will be conducted. Additional information sources
consulted may include California Department of Fish and Game (CDFG) and United States
Fish and Wildlife Service (USFWS) "white papers:' scientific journal articles, and historic
and current aerial photographs, as appropriate.
Habitat Assessment
A site assessment will be conducted to assess site conditions and to document the potential
presence of any sensitive plant or animal species, including Least Bell's Vireo, San
Bernardino Kangaroo Rat, Santa Ana Woolly Star, and California Gnatcatcher. No focused
surveys or jurisdictional delineations are recommended at this time and haven't bee
included in this scope.
Habitat Assessment Report
A letter report will be prepared of the current conditions on site. The report will include a
detailed map of the plant communities occurring onsite, and their respective acreages. The
report will include an analysis of the potential for sensitive species to occur on the project
site and suggestions for further studies that may be needed prior to developing a particular
site.
D. Cultural Resources
PBS&J will prepare the cultural resources technical report. The technical report includes
the following tasks.
Existing Information Searches
The completion of the assessment will require a California Historical Resources
Information System (CHRIS) records search for the Project Areas, as well as adjacent lands
found within approximately 0.25-miles. PBS&J will perform a records search and existing
literature review at the Archaeological Information Center (AI C), which is located at the
San Bernardino County Museum in Redlands. This records search will provide information
about the presence or absence of known cultural resources within and adjacent to the
Project Areas, and provide information about previous cultural resource studies conducted
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
in the vicinity. Historic area topographic and travel maps will also be reviewed to provide
insight about historic land use and the potential for the presence or absence of resources.
PBS&J will also request a Sacred Lands File (SLF) search from the Native American
Heritage Commission (NAHC). This search will indicate the presence or absence of known
properties of traditional cultural value within and adjacent to the Project Areas, and will
also provide a list of groups and individuals to contact regarding Native American
concerns. Based on the contact information provided by the NAHC, a letter will be sent to
various tribal entities regarding the project.
Site Visit
PBS&J will conduct a reconnaissance-style survey of the Project Areas to asses existing
conditions, as well as the condition of known archaeological sites. General notes will be
taken about potential historic-era neighborhoods or concentrations of historic age
buildings. The site visit will not be equivalent to a Phase 1 Cultural Resources Assessment
survey, but will serve to determine the likelihood of significant cultural resources occurring
within each of the redevelopment areas found within the Project Areas. Additional
information will also be gathered on cultural resources observed, as well as the general
topography, geology, vegetation density and other pertinent information.
Cultural Resources Assessment Report
A cultural resources assessment will be completed outlining the results of the records
. searches and field investigation. This assessment will generally follow the California Office
of Historic Preservation (OHP) procedures for cultural resource surveys and the OHP's
Archaeological Resource Management Report (ARMR) reporting format for archaeological
reports. The report will minimally contain the following information:
. A section outlining the environmental setting of the Project Areas;
. Prehistoric and historic background of the region investigated; and
. Methods used in the investigation including:
o Where and when the records search was completed;
o Dates of the site visit; and
o Intensity of the reconnaissance-style survey.
The cultural resources assessment will additionally contain the results of the record
searches and site visit. The report will provide information about known archaeologist
sites, their current condition, and the potential for any buried archaeological materials
based on the existing conditions within the Project Areas. Please note that the locations of
prehistoric age sites are considered confidential, and that this information may not be
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Mergers and Plan Amendments Project
Environmental Impact Report
provided to the client. Finally, the report will provide program-level mitigation measures
to address future redevelopment activities within the Project Areas.
E. Geology and Soils
RBF will evaluate the potential impacts associated with soil and geologic conditions within
the City of San Bernardino and the surrounding vicinity. Geotechnical hazards will be
identified based on existing geotechnical and soil data contained in previously prepared
soils and geotechnical investigations and information provided by the City. Mitigation will
consist of General Plan Safety Element policies, other program-level mitigation measures
and standard City conditions of approval, as necessary.
F. Human Health Hazards / Risk of Upset
Utilizing available information, RBF will evaluate potential hazards that could impact or be
generated by future development, including hazardous and toxic materials, high fire
hazards, and emergency evacuation and/or emergency response. RBF will recommend
mitigation measures to reduce the hazards impacts to the maximum extent possible.
G. Hydrology and Water Quality
RBF will evaluate potential impacts to surface water drainage features in the Project Areas,
identify flood hazards, and the potential for water quality degradation resulting from
future development in the Project Areas. Mitigation will consist of General Plan policies,
other program-level mitigation measures and standard City conditions of approval, as
necessary.
H. Land Use/ Relevant Planning
RBF will evaluate the appropriateness of the potential uses at the project site in
comparison to onsite and surrounding land uses and will analyze the relationship of the
project to all applicable planning policies, particularly with respect to the General Plan.
Particular emphasis will be placed on General Plan goals and policies related to providing
an appropriate mix of land uses and an adequate employment base. RBF intends to utilize
information available from the Agency, as well as the NOP process to identify particular
concerns and any potential for public controversy.
I. Noise
RBF will evaluate potential noise impacts of the project, focusing on long-term changes in
noise levels in the Project Areas due to project-related traffic changes along major
roadways, and changes in ambient noise levels associated with increased vehicle trips and
human activity. This section will specifically address impacts associated with the project to
noise-sensitive land uses such as residential neighborhoods, schools and other sensitive
receptors located in close proximity to the site. Project noise impacts will be assessed
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based on total increases in the ambient noise level and potential exceedances of City
standards. RBF will provide tables to identify potential project noise impacts, and identify
mitigation measures necessary to achieve the City noise standards. Construction noise
impacts will be qualitatively addressed.
J. Population and Housing
Based on existing data, RBF will identify the existing population and housing within the
Project Areas, along with projected trends. The analysis will include a discussion of the
potential for residential displacement, housing rehabilitation, new housing and
employment. RBF will analyze the project's impact upon the City and County population
and housing base. Mitigation measures for potential impacts will be recommended.
RBF will summarize existing and projected population, employment, and housing figures
based on available data. This section will describe anticipated direct and secondary
population, employment, and housing effects associated with project implementation, as
well as analyze the net impact to the City's job to housing balance.
K. Public Services and Utilities
RBF will contact potentially affected agencies to identify relevant existing conditions,
project impacts and recommended mitigation measures. The discussion will focus on the
potential alteration of existing facilities, extension or expansion of new facilities and the
affects on services. RBF will evaluate the ability of the Project Areas to receive adequate
service based on City and County standards and, where adequate services are not available,
will identify the effects of inadequate service, and recommended mitigation measures.
Public Services:
. W,. The Fire Services review will include a review of existing
services/facilities in the area, response times in the Project Areas (which
includes hazardous material responses to emergencies), available fire flow,
project impacts, and required mitigation.
. Police. The Police Service review will focus upon response times to the Project
Areas, available personnel, and overall protection services.
. Schools. Potential impacts to schools focusing on existing conditions and facility
locations. Mitigation measures will be provided to reduce the significance of
impacts.
. Parks and Recreation. The review will include parkland conditions in the
Project Areas and impacts to the City park system. Mitigation will be identified
to reduce the significance of impacts.
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. Solid Waste. The review will include existing solid waste facilities in the Project
Areas and impacts to those facilities through increase generation of solid waste.
Mitigation will be identified to reduce the significance of impacts.
Public Utilities:
. .l:l{a1ff. RBF will focus on existing water sources/availability, infrastructure
connections, easements modifications and necessary mitigation.
.~. RBF will focus on existing capacities, infrastructure connection,
easements modifications and necessary mitigation.
. Electrical. Existing facilities, project impacts, infrastructure relocation,
easements and necessary mitigation.
. ~. Existing facilities, project impacts, infrastructure relocation, easements
and necessary mitigation.
L. Traffic
RBF will prepare a traffic analysis for the proposed project. Information in the traffic
analysis will be based on relevant data included in the San Bernardino General Plan
Circulation Element and the San Bernardino Final General Plan Update and Associated
Specific Plan Environmental Impact Report (EIR). The traffic analysis will also document
forecast trip generation associated with the project and summarize consistency with the
San Bernardino General Plan.
The traffic analysis will discuss applicable intersection and roadway standards and identify
key transportation facilities in the Project Areas. Additionally, the analysis will summarize
results of traffic operations review included in the City of San Bernardino General Plan EIR
for the following scenarios:
. Existing Conditions; and
. General Plan Buildout Conditions
This scope of work assumes no new traffic counts will be collected as part of the traffic
analysis. If traffic counts are required as part of the supplemental analysis, the counts
could be accommodated for a fee in addition to the fee associated with this scope of work.
The analysis will identify the number of daily and peak hour trips forecast to be generated
by the proposed project, using trip generation rates contained in Trip Generation (Institute
of Transportation Engineers, [Jth Edition, 2008) or other source as directed by the applicant
and/or City. Additionally, where appropriate, internal trip capture and pass-by trip
discounts documented in ITE's Trip Generation Handbook (Institute of Transportation
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Engineers, 2nd Edition, 2004) will be incorporated in the trip generation forecasts for the
proposed project.
Trip generation forecasts will be refined upon receipt of the final project description and
compared to the trip generation forecasts identified in the San Bernardino General Plan.
Assuming the proposed project land uses are consistent with the applicable General Plan,
the analysis will document the consistency and conclude no further traffic analysis is
required at intersections and roadways.
The analysis will summarize the significance threshold criteria and forecast traffic
conditions associated with implementation of the Merged Area B project compared to the
impacts identified in the General Plan for buildout conditions.
Subtask 2.6: Growth Inducement
RBF will discuss potential growth-inducing impacts pursuant to CEQA Guidelines Section
15126(d). The analysis in this section will be based on data from the Agency, the City of
San Bernardino, California Department of Finance, Southern California Association of
Governments, and u.s. Census data. The project's consistency with the growth projections
will be discussed and mitigation for any potential impacts will be recommended.
Subtask 2.7: Cumulative Impacts
In accordance with CEQA Guidelines Section 15130, this section provides a listing of
cumulative projects and actions under consideration. The potential for impact and levels of
significance are contingent upon the radius or area of interaction with the proposed
development. RBF will consult with Agency Staff to define the appropriate study area for
the cumulative analysis. RBF will discuss cumulative impacts for each environmental issue
area identified above, and will provide qualitative levels of analysis, as appropriate.
Subtask 2.8: Alternatives to the Proposed Action
Pursuantto CEQA Guidelines Section 15126.6, RBF will provide an analysis of a "reasonable
range" of alternatives, comparing environmental impacts of each alternative in each impact
area to the project. For each alternative, RBF will provide an analysis of impacts to
environmental resources.
The alternatives section will conform to both CEQA Guidelines Section 15126.6 and to
recent and applicable court cases. RBF will discuss as required by the CEQA Guidelines, the
advantages and disadvantages of each alternative and the reasons for rejecting or
recommending the project alternatives stated. A summary of the various alternatives and
associated impacts will be provided as part of the EIR Executive Summary. A maximum of
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
four alternatives, including the No Project Alternative required by CEQA, will be analyzed.
The selection of alternatives to be analyzed will be developed with Agency Staff. The
alternatives section will culminate with the selection of the environmentally superior
alternative in accordance with CEQA requirements.
Subtask 2.9: Additional Sections
RBF will provide additional sections in the EIR to meet CEQA and Agency requirements
including the following:
A. Significant Irreversible Environmental Changes That Would Be Involved In the
Proposed Action Should It Be Implemented
Changes in the environment and uses on non-renewable resources that will occur as
a result of the proposed project which can be considered irreversible or
irretrievable will be evaluated and discussed within this section of the EIR.
B. Effects Found Not To Be Significant
RBF will provide a qualitative explanation of issues that are considered to have "No
Impact" with respect to the proposed project.
C. Inventory o/Significant Unavoidable Impacts
This section will be a comprehensive list of significant unavoidable impacts
associated with the proposed project.
D. Organizations and Persons Consulted/Bibliography
Any federal, state or local agencies, other organizations and private individuals
consulted in preparing the EIR will be listed in this section. RBF will provide a
complete list of reference materials used in preparation of the EIR.
Subtask 2.10: Graphic Exhibits
The EIR will include a maximum of 30 exhibits to enhance the written text and clarify the
proposed project environmental impacts. Using state-of-the-art computer design
equipment and techniques. our in-house graphic design team will create professional
quality. black and white or full color exhibits. dividers and covers for the EIR and
Appendices.
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Mergers and Plan Amendments Project
Environmental Impact Report
Task 2.0 Output: , ,.." .',
. Ten hard copies of the. Admini~fr(('"
Task 3.0 Draft Environmental Impact Report
Subtask 3.1: Preparation of Administrative Draft EIR #2
As part of the proposed project, RBF will conduct an Administrative Draft EIR Review
Workshop prior to completion of Administrative Draft EIR #2 (refer to Subtask 5.2). RBF
will respond to one complete set of Agency comments on the Administrative Draft EIR. If
desired by the Agency, RBF will provide an Administrative Draft EIR #2 with all changes
highlighted to assist the final check of the document.
Subtask 3.2: Completion of the Draft EIR
RBF will respond to Administrative Draft EIR #2 comments and prepare the Draft EIR for
the required 45-day public review period. In addition, RBF will prepare the Notice of
Completion (NOC) for submittal to the Office of Planning and Research (OPR). RBF will also
work with the Agency to develop a distribution listing for the NOC and Draft EIR, which will
be based on the previous list used for the NOP.
Task 3.0 Output:
. Ten hard copies of the Administrq#
. One electronic copy of the Admin'
. 25 hard copies of the Draft EIR Wit
Appendices} . ,.' .
. 50 "Executive Summary"CopiesQIP.
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Proposal for Merged Area B
Mergers and Plan Amendments Project
Environmental Impact Report
Task 4.0 Final Environmental Impact Report
Subtask 4.1: Response to Comments/Administrative Final EIR
RBF will respond to comments received on the Draft EIR during the 45-day public review
period, and additional comments raised during public hearings. RBF will prepare
thorough, reasoned and sensitive responses to relevant environmental issues. This task
includes written responses to both written and oral comments received on the Draft EIR
(includes review of hearing transcripts, as required). The Draft Responses to Comments
will be prepared for review by Agency Staff. To accommodate the proposed schedule a
Project Meeting (refer to Subtask 5.2) will be conducted upon completion of the Agency's
review of the Draft Response to Comments document. Following this meeting, RBF will
finalize this section for inclusion in the Administrative Final EIR. For budgeting purposes,
we have assumed a total of 40 hours of Environmental Staff time to prepare the Response
to Comments. Should the comments be excessive and require more than the budgeted
time, this task would be re-scoped. Additional time would be billed on a time and materials
basis under a separate agreement.
Subtask 4.2: Mitigation Monitoring and Reporting Program
To comply with the Public Resources Code Section 21081.6, RBF will prepare a Mitigation
Monitoring and Reporting Program to be defined through working with Agency Staff to
identify appropriate monitoring steps/procedures and in order to provide a basis for
monitoring such measures during and upon project implementation.
The Mitigation Monitoring and Reporting Checklist will serve as the foundation of the
Mitigation Monitoring and Reporting Program for the proposed project. The Checklist
indicates the mitigation measure number as outlined in the EIR, the Monitoring Milestone
(at what Agency/department responsible for verifying implementation of the measure),
Method of Verification (documentation, field checks, etc.), and a verification section for the
initials of the verifying individual date of verification, and pertinent remarks.
Subtask 4.3: Final EIR
The Final EIR will consist of the revised Draft EIR text, as necessary, the "Comments to
Responses" section, and the Mitigation Monitoring and Reporting Program. The Draft EIR
will be revised in accordance with the responses to public comments on the EIR. RBF will
also prepare the Notice of Determination for Agency filing within five (5) days of EIR
certification.
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Mergers and Plan Amendments Project
Environmental Impact Report
Subtask 4.4: Findings and Overriding Considerations
RBF will provide administrative assistance to facilitate the CEQA process including the
preparation of the Statement of Overriding Considerations and Findings for Agency use in
the project review process. RBF will prepare the Findings in accordance with the
provisions of Sections 15091 and 15093 of the CEQA Guidelines and in a form specified by
the Agency. RBF will submit the Draft Findings for Agency review and will respond to one
set of Agency comments.
Task 4.0 Output:. .
. Ten hard copies of the Draft Re$jJ~~~
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. One electronic copy of the DrrtP
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. 25 hard copies of the Final EIRW.~;
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Task 5.0 Project Management, Meetings, and Hearings
Subtask 5.1: Project Management
Ms. Collette Morse, AICP, will be responsible for management and supervision of the
Project Team, as well as consultation with the Agency Staff. Project oversight will be
provided by Mr. Kevin Thomas. Working closely with Mr. Thomas, Ms. Morse will
undertake consultation and coordination of the project and review the EIR for compliance
with CEQA requirements and guidelines and City CEQA procedures. Ms. Morse will
coordinate with all technical staff, consultants, support staff, and word processing toward
the timely completion of the EIR.
Subtask 5.2: Project Meetings
To ensure the timely completion of the proposed project RBF is offering to conduct several
project meetings and a workshop with the Project Team.
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Progress Meetings: These meetings will be held with Agency and/or Redevelopment
Consultant Staff, RBF has assumed two of these meetings will be held during the
environmental review process: (1) before completion of the Administrative Draft EIR #2,
and (2) after Agency review of the Draft Response to Comments document. It is assumed
that these meetings would include up to three staff members programmed for four hours.
In addition, we have budgeted additional meeting time for non face-to-face meetings, such
as conference calls to ensure RBF, Agency, and Redevelopment Consultant Staff have
adequate time to discuss project-related issues.
Subtask 5.3: Public Hearings
Mr. Thomas and Ms. Morse, along with other Team Specialists will represent the Project
Team at public hearings and make presentations, as necessary.
RBF has budgeted for up to four RBF personnel to attend four (4) public hearings
Approximately six hours have been assumed for each hearing per person. Should the
Agency determine that additional hearings are necessary; services will be provided under a
separate scope of work on a time and materials basis.
Task 5.0 Output:
. Ongoing project coordination wit~ .
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OPTIONAL TASKS
Preliminary Hazardous Materials Assessment
RBF will prepare a Preliminary Hazardous Materials Memorandum for the Project Areas,
located within the City of San Bernardino, California. Materials that may constitute a
hazardous waste include, but are not limited to, petroleum products, pesticides, organic
compounds, heavy metals, or other compounds injurious to human health and the
environment.
RBF will review federal, tribal, state, and local agency records regarding known hazardous
material Sites/handlers. All identified regulatory sites, within the project boundaries, will
be listed within a technical memorandum. RBF will utilize the industry's standard database
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Mergers and Plan Amendments Project
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provider, Environmental Data Resources (EDR), in order to obtain the regulatory database
information. RBF will prepare a memorandum that discusses the EDR report and identifies
the potential of environmental conditions within the project site due to the reported
regulatory properties on-site. A table of the listed properties will be included within the
Hazardous Materials Memorandum.
This task does not include the review of records maintained by lead State regulatory
agencies, nor does it include a site visit, literature review, review of chain-of-title, exhibits,
or historical maps. The Hazardous Materials Memorandum is not intended to provide
specific qualitative or quantitative information as to the actual presence of hazardous
materials at the site, but is to merely identify the potential presence based on reported
regulatory information. This scope specifically excludes laboratory testing, field sampling,
environmental lien searches and chain-of-title documents (although these can be reviewed
by RBF ifprovided by the Client).
Neighborhood Impact Report
RBF will support Redevelopment Consultant with preparation of a Neighborhood Impact
Report (NIR). RBF will discuss the existing conditions for the following environmental
issue areas: police services, fire protection, parks and recreation, school services, traffic
circulation, water supply, wastewater treatment, solid waste, natural gas, electricity,
telecommunications, and cable.
Optional Task Output:
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Proposed Budget and Schedule
The proposed budget and schedule for the EIR are provided on the following pages.
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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.
II
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