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R30- Economic Development Agency
CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY ORIGINAL FROM: Emil A. Marzullo SUBJECT: Professional Services Agreements: Rosenow Interim Executive Director Spevacek Group, Inc. (Area B West Project Areas Merger and Plan Amendments) and RBF Consulting (Program EIR - Area B DATE: May12,2010 West Project Areas Merger and Plan Amendments) -- - ------- ---- - -- ------------------------------------------------------------------ ----------------------------- Synopsis of Previous Commission/Council/Committee Action(s): On April 22,2010, Redevelopment Committee Members Johnson,Marquez and Brinker unanimously voted to recommend that the Mayor and Common Council and the Community Development Commission consider this action for approval. --------------------------------------------------- ------ ---------------------------------- ---------------------------- ----------------- Recommended Motion(s): (Community Development Commission) A: 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 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 Amendments (State College, Central City West, Northwest, Uptown, Mt. Vernon and 40`n Street Redevelopment Project Areas) B: 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 40'" Street Redevelopment Project Areas) Contact Person(s): Jeffrey Smith Phone: (909)663-1044 State College,Central City West,Northwest, Project Area(s): Uptown, Mt. Vernon,40"Street Ward(s): 1,2,3,4,5,6 Supporting Data Attached: 2 Staff Report Rl Resolution(s)OAgreement(s)/Contract(s) ❑ Map(s) ❑ Letter(s) Not to Exceed Line Item 6600-Consulting Services FUNDING REQUIREMENTS: Amount: S 535,000 Source: West RDA Plan Amendment and EIR Budget Authority: Fiscal Year 2009-2010 Budget Signature: zt� Fiscal Review: 5- — Emil A.Marzullo, Interim Executive Director Lori P o-T , In Administrative Servic s Director -- --- - - - - - ---- r- ,� - - ----- -- - ------- - --- ---- Commission/Council Notes: oe,E sue✓ 3� _ 5-��-/a ------------------------------------------------------------------------------------------------------------------------------------------------------------- P.UgeMosWomm Dev Commission\CDC 2010\05-17-10 RSG end RBF Professional Services Agreement-Area B W.A SR.doe%COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number ECONOMIC DEVELOPMENT AGENCY STAFF REPORT 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) 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 40`s 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: (1) 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 of the 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. -—---—-------------------———-—---—-—-———--------------------------------------—-——-----—--------------——-—------------------------ Pi Agendas\Comm Dev Commission\CDC 2010\05-17-10 RSG aM RRF P,0.,i.1 Services Agmemem-Area R west SRA.. COMMISSION MEETING AGENDA Meeting Date: 65,'9314940 65l��12c�0 Agenda Item Number: a-3Z- 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 Project 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. --------------------------------------------------------------------------------------------------------------------------------------------------------------- P.Wpndas1omm Dev CommissionTC 2010\0547-10 RSG VW RBF Pmfnsionel SeMm Agreement-AraB Wnt SR.d X COMMISSION MEETING AGENDA Meeting Date: 05/177/2010 5/ Agenda Item Number: 22— 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 Project Areas Program EIR i ¢ 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 of CEQA. 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\Agendas\Comm Dev Comminion\CDC 2010\05-17-10 RSG and OF Pmf6sbnsl Smvim Agmmenl-Arta B Wat SR d..COMMISSION MEETING AGENDA Meeting Date: 05/17/2010 Agenda Item Number: P-32, i 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 of CEQA. 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 of CEQA. 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.Ugn&AComm Nv commis:lomwC 201ow5-17-10 RSG and MF Pm .:good S�r�i..A,...t-a.a won SR doer COMMISSION MEETING AGENDA Meeting Date: 05//17/2010 Agenda Item Number: tl-a Z 1 RESOLUTION NO. COPY 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY 4 OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE 5 AGENCY AND ROSENOW SPEVACEK GROUP, INC., TO PROVIDE CONSULTANT SERVICES IN CONNECTION WITH MERGING AND 6 AMENDING CERTAIN REDEVELOPMENT PROJECT AREAS FOR THE PROPOSED AREA B WEST PROJECT AREAS MERGER AND PLAN 7 AMENDMENTS (STATE COLLEGE, CENTRAL CITY WEST, 8 NORTHWEST, UPTOWN, MT. VERNON, AND 40TH STREET REDEVELOPMENT PROJECT AREAS) 9 10 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 20 WHEREAS, in August 2008, the Agency embarked on an effort to merge and/or amend 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 Agndas\Resolutions\ResolutionsQ010\05-17-10 RSG Wm Pgeo Area nte,er Area B-Professlen.I Services A,..mt CDC Rao A d. I project; and 2 WHEREAS, the Agency now desires to move forward with the west side redevelopment 3 areas, Area B: West Project Areas Merger and Plan Amendments; and 4 WHEREAS, in order to meet an adoption date of October 2011, the Agency needs to start 5 preparation of the necessary redevelopment plan and environmental documents, and approached the 6 Consultant to provide the necessary services to prepare the required redevelopment plan merger and 7 amendment documents for the Area B Merger and Plan Amendment Project; and 8 WHEREAS, on April 22, 2009, the Redevelopment Committee of the Economic 9 Development Agency of the City of San Bernardino (the "Redevelopment Committee") 10 recommended to the Commission approval of an agreement for professional services (the 11 "Agreement'), attached hereto, by and between the Agency and the Consultant to accomplish any 12 and all tasks necessary to prepare and complete the merger and amendment of certain 13 redevelopment projects areas (State College, Central City West, Northwest, Uptown, Mt. Vernon, 14 and 40`h 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 /// 27 28 2 P\Agendas\ResolwionsV esolwionsUO I M5-17-10 RSG West P,,j ,Areas Merger Area 8-Pmfe.w.l Services Ay,.e ,CDC Res.A do« RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF I THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 3 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW SPEVACEK GROUP, INC., TO PROVIDE 4 CONSULTANT SERVICES IN CONNECTION WITH MERGING AND 5 AMENDING CERTAIN REDEVELOPMENT PROJECT AREAS FOR THE PROPOSED AREA B WEST PROJECT AREAS MERGER AND PLAN AMENDMENTS (STATE COLLEGE, CENTRAL CITY WEST, 6 NORTHWEST, UPTOWN, MT. VERNON, AND 40TH STREET 7 REDEVELOPMENT PROJECT AREAS) 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the day of 2010, by the following vote to wit: 11 Commission Members: Aves Nays Abstain Absent 12 MARQUEZ — 13 DESJARDINS 14 BRINKER — 15 SHORETT — 16 KELLEY — 17 JOHNSON _ — 18 MC CAMMACK — 19 20 Secretary 21 The foregoing Resolution is hereby approved this day of 2010. 22 23 24 Patrick J. Morris, Chairperson Community Development Commission 25 of the City of San Bernardino Approved as to Form: 26 27 By. 28 Agency cuunsel 3 P\Agendas\ResolwionsV esolu(ions\2010\05.17.10 RSG Wen Pn,=1 Areas Merger Area 8-Professional Services Agreemem CDC Re.A deca j REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES ROSENOW SPEVACEK 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 SPEVACEK 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: 1. 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.\AgendaMgenda An¢hmentMgenda Altechn%.,.\A,,.wA.,M 2010\0511-10 RSG 1.Pmf.imwl Service Aµmemenl Are B M.,e,Amendmeni doa 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. 2 Ps gendas\Agenda Anachments%AgeMa Anachments\Agrmto-AmeM I010W5.10.10 RSG Inc Pmf.a...I Service Agreement Ara 8 MagerAmandmem d.c -^ 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. 3 PMpei as\Agnda Attachments\Apes a An¢hmen¢\Apsmts-Amen 2010WS-17-10 KSG IM Pmfesalanal Snvice Apsecmcnl Am 8 M.SnA.eMmem d., 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 4 P Uycndes\Agmds Anachmen,,V,nda Anuhmmis\Agrmts-Ame 12010\05-11.10 KSG Inc Professional Service Agmment_Area B McryerAmendmcnt dmx 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 4`s 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 ir.. payment of all sub-consultant liens. 5 PUgendas\Agenda A0¢hment Mgends AttschmatAA,.m AmeM 2010\05.1]-10 MG loo Pmfa,w.l Service Agrcement_Ara B M,,,e Amendmcni dace 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 i provisions of this Agreement. i 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 Qfor 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 6 RVsgendn\Agenda Anach.c.tM eMa Anachmems\Agrmis-Amend 2010\05-0-10 RSG Inc Professional Service ASreemem_Area B MergerAmendman dots 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. j 28. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant 'n this Section 28 in no event will either be liable to the agree that except as otherwise provided t > 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. 7 P9 Sendas\AgeMa Aoachments ASeMa Anachmems\Agrmts-Amend 3010\05-17-10 RSG Inc Pmfasioml Se ki Ageeemeni Ara 8 MagaAmendmenedoa IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the P. 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 P.\Agcnd M cMa Anachmcn M,.da A11.hrn.0\Agrmta-A=nd 2010\05-17-10 RSG Inc Prormional Smicc A cincn�Area B McrgcrAmcndmcm dccx EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agency Staff: Emil Marzullo, Interim Executive Director Don Gee, Deputy Director Jeffrey Smith, AICP, Project Manager 9 P\Agendas\Agenda Anachmenls\Agenda Anachmanas\Agrmia-Amend 2010\05-1]-10 MG Inc Profes io al Service Agreement Area B MergerAmendmeni docx f EXHIBIT `B" SCOPE OF SERVICES 10 P Npndas\Ageda Anachmenis\Agenda Anachments\AO is-Amend 30IM5-17-10 KSG Inc Pmfemw.l Service Agreement Area B Nfu,,Amendmrnt dw. PROPOSAL FOR CONSULTING SERVICES - MERGER & AMENDMENTS TO STATE COLLEGE, CENTRAL CITY WEST, NORTHWEST, UPTOWN, MT. VERNON AND 4OTH STREET REDEVELOPMENT PROJECT AREAS SAN BERNARDINO ECONOMIC DEVEVELOPMENT AGENCY Q PSG IMTSLLIOgNT COMMUNITY OLVLLOPHIMT ® ROSENOW SPEVACEK GROUP, INC. 309 West 4`" Street Santa Ana, CA 92701 April 19, 2010 TABLE OF CONTENTS TransmittalLetter.................................................................................................................1 RosenowSpevacek Group Inc............................................................................................3 Redevelopment...................................................................................................................4 Recent Redevelopment Project Experience.....................................:..................................6 ProjectTeam &Resumes..................................................................................................11 Approach...........................................................................................................................22 Scopeof Services..............................................................................................................26 Schedule............................................................................................................................32 FeeProposal.....................................................................................................................33 RSG Included Work Product.............................................................................................35 Q RSG INTELLIGENT COMMUNITY DEVELOPMENT ROSENOW SPEVACEK GROUP INC. T 714 541 4585 309 WEST 4TH STREET F 714 5411175 SANTA ANA, CALIFORNIA E INFO WE8RSG.COM 92701-4502 WEBRSG.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 redevelopment 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 401h Street Project Areas (Existing Areas) Redevelopment Plans'. The multiple amendments would accomplish the following: 1) merge the Project Areas for financial reason; 2) extend the period of effectiveness and period to receive tax increment for each Project Area by 10 years (as allowed by the California Community Redevelopment Law ["CRL]); for the State College and Central City West Projects 3) prepare a amended and restated redevelopment plan for the proposed merged area; 4) increase the financial limits establishing one total tax increment and bonded debt cap for the Existing Areas; 5) updated the Public Improvement Project's List for the proposed merged area; 6) extend or re-establish eminent domain for the Existing Areas; and 7) add territory to the Existing Areas. The 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 ® DOUSING FINANCING REAL ESTATE ACOUISITION 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. emc�% �LG� Felise Acosta Principal 3 -4.00M ROSENOW SPEVACEK GROUP INC. RSG provides consulting services for public and private agencies. Our experienced professionals create customized solutions, emerging from an understanding of each community's unique set of challenges. We specialize in: Redevelopment Planning Real Estate Economics Housing Financing Real Estate Acquisition Economic Development Government Services As one of the nation's leading community developers, RSG is able to take the hopes and dreams of builders, planners and community leaders and create something tangible, a vital place that meets the needs of all the residents, guests and employees. It's intelligent community development-a unique, holistic approach to creating living environments. Taking a project from concept to completion requires: • Imagination and planning to see the possibilities • Experience and commitment to make it happen • The ability to focus on the smallest detail, without losing sight of the big picture • Proactively surfacing unresolved issues and implementing solutions To provide the best, most transparent services, RSG dedicates a Principal to your project, and creates a core group of people that works with you on a consistent basis throughout all stages of the assignment. Our staff is focused, committed and passionate about the work we do. a 3 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 formation is an expensive and time-consuming process. Before initiating a plan adoption, amendment or merger, we work with our clients to conduct a preliminary analysis of the financial, legal and political implications. REVENUE PROJECTIONS RSG prepares tax increment revenue projections that delineate anticipated housing set-aside deposits, taxing agency payments, administrative costs, nonhousing project funds and bonding capacity. PLAN ADOPTIONS, AMENDMENTS AND MERGERS RSG brings over two decades of experience adopting, amending and merging redevelopment plans to implement community development, housing rehabilitation, commercial revitalization, hazardous material remediation and other programmatic goals. PROJECT AREA COMMITTEE AND COMMUNITY OUTREACH Stakeholder support for redevelopment is more essential today than ever before. RSG can coordinate, participate or lead community workshops with residents, property owners and businesses. IMPLEMENTATION AND HOUSING PLANS RSG prepares a wide variety of planning documents required by Redevelopment CRL including five-year implementation plans, replacement housing plans, housing compliance plans, annual reports and relocation plans. 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, Vermont/Manchester, Crenshaw/Slauson, Crenshaw Amended, Western/Slauson, Normandie 5, and Expo/University Redevelopment Project Areas in its South Los Angeles Region. Along with merging these seven project areas, the amendment will modify various financial and time limitations, including eminent domain authority. To date, the process has involved a number of public meetings, including neighborhood planning groups and other interested participants. RSG's role is anticipated to include participating in subsequent community and other public meetings, preparing redevelopment and financial documents, blight substantiation, coordinating the consultant team, and managing the overall project schedule. Contact: Carolyn Hull, Regional Admin William Chun, Project Manager 213-977-2642 213.716.0212 PLAN AMENDMENT - SAN JOSE In 2009, RSG and KBB assisted the San Jose Redevelopment Agency with a major amendment to its Merged Project Area. The amendment included: (1) an increase to the tax increment revenue limit from $7.6 billion to $15.0 billion; (2) a $7.6 billion cumulative limit on the amount of bonded indebtedness outstanding at one time; (3) modification of the list of eligible public improvements; (4) removal of territory from the Merged Project Area; and (5) the provision to collect tax increment revenue in a portion of the Merged Project Area that did not include this authority. RSG's role involved a preliminary feasibility study to assess the necessity for the amendments and preparing all required reports to amend the Redevelopment Plans for the Merged Project Area. Contact: Harry Mavrogenes, Exec Director Bill Ekern, Project Director Eva Terrazas, Project Manager 408.535.8500 408.795.1862 408.795.1809 BAY POINT AND NORTH RICHMOD REDEVELOPMENT PLAN AMENDMENTS - CONTRA COSTA COUNTY In May of 2008 RSG completed work on the Bay Point and North Richmond Redevelopment Plan amendments to increase the total dollar limit on the amount of tax increment revenues each project area may receive and the limit on bonded indebtedness that can be outstanding at any one time for each area. RSG conducted the blight analysis, prepared the Report to the Board of Supervisors and prepared the Amended Implementation Plans/Midterm Reviews required for the amendment process. The amendments were successfully adopted in June of 2008. Contact: James Kennedy, Redevelopment Director 925.335.1255 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 comer 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 El 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 Balmer, Community Development Director 949.461.3437 (now w/City of Lake Forest) O 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 El Toro Marine Corps Air Station. RSG coordinated the overall plan adoption process, including the preparation and presentation of all redevelopment documents. Contact: Sean Joyce, City Manager 949.724.6249 CITY CENTER PLAN AMENDMENT - BURBANK In December 1999, the Burbank Redevelopment Agency amended the City Center Redevelopment Plan to reestablish the Agency's eminent domain authority for 12 years. RSG coordinated the amendment process, including participation in community meetings, and the preparation and presentation of all redevelopment documents. Contact: Ruth Davidson Guerra, Asst. Community Development Director 818.238.5180 WEST OLIVE PLAN AMENDMENT - BURBANK In early 2000, the County of Los Angeles notified the Burbank Redevelopment Agency that they had been calculating the amount of tax increment allocated to the West Olive Project Area in error. The County, who retains 51% of the Project Area's tax increment, had calculated the total amount allocated to the Agency on a net basis. The County then noticed the Agency that they had hit their tax increment cap and suspended payment to the Agency. The West Olive Amendment was initiated to adjust the tax increment cap to ensure that the Project would receive a total of$60 million of revenue net of housing set-aside and taxing agency pass throughs. The Amendment process has been further complicated because the Project Area was sued in 1976 and a Stipulated Judgment between the Agency and the County required prior approval of the County before the Redevelopment Plan could be amended. Through careful negotiations, the County has granted the Agency approval to amend the Plan. RSG assisted with County negotiations and conducted all of the Amendment documentation and financial analysis for this Project. We also coordinated the Amendment process, including participation in community 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 I 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, Karl 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 FELISE ACOSTA PRINCIPAL Felise Acosta joined RSG in 1987 and has served as a Principal and shareholder since 1991. She has over 30 years of experience in community development, governmental management, and redevelopment from both the public and private sectors. Before joining RSG, Ms. Acosta served for nine years as the Community Development Officer for the City of Buena Park developing and managing the City's redevelopment, housing, and economic development programs and activities. Prior to Buena Park, Ms Acosta served in various planning positions with the City of Carson. Ms. Acosta serves as Principal-in-Charge and Project Manager for a wide variety of public and private sector clients requiring consulting assistance in all facets of community development and financial management. Her tenure in the public sector provides her unique economic and political perspective and expertise to help clients strategize and execute projects for the greatest level of community impact. She is widely recognized in California for her expertise in property tax and tax increment revenue analysis. Ms. Acosta has been directly responsible for redevelopment project area adoptions and/or amendments to add territory for the cities of Buena Park, Burbank, Carson, Cypress, Firebaugh, Fontana, Lawndale, Montclair, Palm Desert, Port Hueneme, Poway, Orange, San Bernardino, the Inland Valley Development Authority (IVDA) for the Norton Air Force Base, the Victor Valley Development Authority for the George Air Force Base, and the counties of Contra Costa and San Bernardino. She also regularly provides clients assistance in formulating and implementing affordable housing programs. Recent clients include the cities of Aliso Viejo, Atwater, Cypress, Fontana, Lake Forest, San Bernardino, and Westminster. In the area of property tax revenue, Ms. Acosta's recent work includes 2010 Five Year Property Tax Revenue Projections for the County of Orange's Strategic Plan, the annual preparation of Five Year Property Tax Revenue Projections for the Orange County Fire Authority, and 2009 Fiscal Consultant Reports for tax allocation financing for several redevelopment agencies, including the Loma Linda, Hollister, IVDA, and Westminster Redevelopment Agencies. By crafting and executing organizational and financial strategies that make lasting imprints in the community fabric of her client jurisdictions, Felise personally thrives and nurtures her commitment to community excellence. She is also a natural mentor and believes in building RSG's human capital with a focus on developing effective leaders in the community development arena. Education • BA, Urban Geography, California State University, Long Beach, 1970 RSG Academy • Consulting:the RSG Way • Management and Supervision • Analysis 101 Professional Memberships & Certifications • California Redevelopment Association • California Association for Local Economic Development 12 HITTA MOSESMAN SENIOR ASSOCIATE & PROJECT MANAGER Hitta Mosesman has over 15 years of consulting expertise in the redevelopment and public finance arenas. Her broad portfolio of experience in these fields include redevelopment plan adoptions and amendments, five year implementation plans, ten year housing compliance plans, fiscal consultant reports, incorporation feasibility analyses, fiscal impact reports, revenue projections, and implementation projects. In addition to her nine years at RSG, Ms. Mosesman spent part of her career with David Taussig and Associates, a public finance consulting firm in Newport Beach, California, specializing in the formation and administration of community facilities and assessment districts and fiscal impact reviews for school districts and other taxing agencies involved in the redevelopment process. At RSG, Ms. Mosesman's area of specialization continues to be in redevelopment plan amendments and mergers, and has worked on over 30 such projects throughout California. The depth of her expertise provides her the unique knowledge and ability to tackle every aspect of the adoption and amendment process, including client collaboration, blight research and analysis, financial analysis, document preparation, and presentations to decision-making bodies and community groups. Ms. Mosesman is currently Project Manager for redevelopment plan amendments for the San Jacinto Redevelopment Agency and Grand Terrace Community Redevelopment Agency. These complex projects involve a variety of financial and policy amendments, including project area merger, increases to tax increment and bonded indebtedness limits, updating and expansion of capital improvement projects lists, re-establishment of eminent domain authority, and various amendments to redevelopment plan text. Ms. Mosesman thrives on the challenges and benefits of these projects because she understands the clear nexus between the organizational capacity created through the plan amendments and the or-the- ground, life-changing redevelopment projects that foster socio-economic capacity and well-being in the local communities. 1� 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 largest multi-family affordable housing project in the nation to receive LEED Platinum certification. Since then, Vista Dunes has received seven awards, in recognition of the project's green and sustainable features. Ms. Howard has been the Project Manager for various assignments with the El Cajon Redevelopment Agency since 2004 where RSG provides ongoing consulting services. In this role, Ms. Howard is responsible for coordinating staff communication, drafting redevelopment documents, preparing Agency financial analyses, affordable housing project and compliance review, and providing other as-needed services. Ms. Howard recently developed a redevelopment accounting financial model to assist the Agency with tracking and budgeting redevelopment revenues and expenditures. RSG's core values (Social and Community Responsibility, Creativity and Innovation, Honest and Ethical Behavior above all else, and Excellence in Products and Services) speak to Tara's personal values. She is engaged in community and economic development services to positively impact the communities that RSG serves, thriving on collaborating with both the public and private sectors to identify and solve community issues. Working behind the scenes to create better communities! Education • BS, Earth Sciences, University of California, Santa Cruz, 2002 • Certificate, Urban Planning &Development Prog., University of California, San Diego,2009 RSG Academy • Consulting: the RSG Way • Management and Supervision • Analysis 101 • Development and Construction • Tax Professional Memberships & Certifications • California Redevelopment Association California Community Economic Development Association • San Diego/SW Riverside County QRedevelopment 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 former Rio Vista Army Reserve Center. The site is now in the process of becoming a redevelopment project area. Ms. Bullock was primarily responsible for preparing staff reports and resolutions, blight documentation, scheduling, and day-to-day client contact. In 2009, Ms. Bullock served as project manager for a comprehensive forecast of the potential operating revenues and expenditures associated with the incorporation of the Heber Public Utilities District territory and adjoining developing areas within their sphere of influence. In this capacity she assisted in the design of a revenue projection model and oversaw data collection and analysis. Ms. Bullock enjoys the unique challenges presented in the fields of community development, redevelopment, and economic development, and the opportunity to make communities more livable and sustainable. Education • BS, Environmental Policy Analysis& Planning, University of California, Davis, 1997 RSG Academy • Consulting: the RSG Way • Management and Supervision • Analysis 101 Professional Memberships & Certifications • California Redevelopment Association, Brownfields Committee • California Association of Local Agency Formation Commissions, Past Legislative Chair 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, El Monte, Lake Forest, La Ouinta, Twentynine Palms, San Carlos, Westminster, and the Orange County Development Agency. Throughout 2009 Mr. Leonard worked with the City of San Carlos to update its inclusionary housing ordinance. Mr. Leonard attended ad hoc housing task force meetings, assisted with pro forma formulation, ordinance revisions, and the development of an affordable housing nexus study and fee analysis. The revisions to the ordinance will help the City meet its affordable housing needs and conform to state regulations and recent court decisions. Additionally, Mr. Leonard continues to assist the City with project implementation, pro forma review and development, economic development, and financial analysis. Recently, Mr. Leonard acted as the project manager for the acquisition of two properties in the City of Lake Forest. The City's Redevelopment Agency sought to acquire two properties to be used for transitional family housing. Mr. Leonard managed property selection and purchase, including day-to-day contact with the Agency, escrow company, and seller. Mr. Leonard was able to quickly identify suitable properties, work with the seller, and enter into and close escrow, while still ensuring the Agency's needs were met and all due diligence was performed. From Agency notice to proceed to the close of escrow, Mr. Leonard completed the acquisition process within five months. The acquisition of the units helped the Agency expend their affordable housing set-aside funds, secure affordable housing covenants, and provide needed housing to families within the city. Mr. Leonard pursued a career in community development in order to assist public and private entities with the creation of vibrant, sustainable communities, which enhance the quality of life for neighborhood residents. He believes that his work with public and private agencies on a collaborative basis provides the foundation for the revitalization and continued growth of many neighborhoods and cities. Education • MA, Planning, emphasis Planning, Real Estate, Economic Development University of Southern California,2008 • BA, Geography,emphasis, Environmental Planning,Architecture, Geography • UC Santa Barbara, 2006 RSG Academy • Real Estate Development and Construction • Real Estate and Market Analysis • Consulting:the RSG Way • Management& Supervision • Analysis 101 • Property Tax Professional Memberships & Certifications • Urban Land Institute-Young Leaders Group, Orange and Los Angeles Counties • California Redevelopment Association • American Planning Association 18 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 California, 2007 • STech., 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 ANALYST Ken Spillberg joined RSG in 2008 and has two years of experience with over 37 client projects in redevelopment planning, affordable housing, and municipal finance services throughout California. He has specific expertise in fiscal consultant services for redevelopment agency bond issues, analysis of local and regional economic impacts from development, affordable housing development consulting services, public agency property tax revenue projections, sustainable building practices consistent with LEED principles, analysis of the fiscal impacts of different land uses, and redevelopment project area adoptions and amendments. Additionally, he has experience with using new technologies to adapt and improve blight determination and mitigation. In 2009, Mr. Spillberg developed a model that linked the economic impacts of new construction to the need for affordable housing using data provided by the Minnesota IMPLAN Group. Along with a group of other housing specialists at RSG, he was able to substantiate the basis for inclusionary housing ordinances which required that new housing developments include certain amounts of affordable housing or pay in-lieu fees. Mr. Spillberg also assisted in creating an electronic field survey system in 2008. This system allows surveyors to use advanced technologies such as touch screen laptops, GIS software, and GPS tracking to efficiently locate and thoroughly document existing physical conditions. The system also allows analysts to be able to more easily associate other physical and economic conditions to that which was observed in the field. Mr. Spillberg truly believes in the power of economic development and is excited at the opportunity to assist in creating healthy and sustainable communities through redevelopment. Moreover, he enjoys helping governments create better communities for the people they serve. Education • Master of Urban and Regional Planning, University of California, Irvine, 2008 • Bachelor of Mechanical Engineering, McGill University, Montreal, Canada, 2003. RSG Academy • Consulting:the RSG Way • Management&Supervision • Analysis 101 • Tax Professional Memberships & Certifications • LEED Accredited Professional since 2008 • California Redevelopment Association O 20 JANE CARLSON ANALYST Jane Carlson joined RSG as a Research Assistant in 2009. Before coming to RSG, Ms. Carlson worked in the private development field with firms focused on adaptive reuse and sustainable growth. During this time, she participated in development planning for adaptive reuse sites, pro forma and project proposal analysis, and a LEED for Neighborhood Development Certification process. During her time in private development, Ms. Carlson became adept at working with a wide variety of stakeholders including public agencies, consultants, contractors, planning and design firms, in-house sales and marketing teams, and non-profit organizations. This experience has assisted Ms. Carlson at RSG by allowing her to understand the relationships between the public and private sectors and appreciate the importance of cross-sector collaboration. While at RSG, Ms. Carlson has assisted with numerous projects across all of RSG's product types, including redevelopment plan adoptions and amendments, five year implementation plans, housing compliance plans, and market research and analysis. Specific tasks include GIS mapping, spreadsheet formulation, and data collection, analysis,and synthesis.. One recent project Ms. Carlson participated in was the drafting of a Five Year Implementation Plan for a Redevelopment Agency located in Los Angeles County. Completion of the Implementation Plan included housing production analysis, cash flow formulation, work program development, GIS mapping, and preparation of a complete draft plan. Ms. Carlson also assisted with five year property tax projections for the Orange County Fire Authority. For this project, she gathered data relating to recent sales and assessed valuations for the 15 member cities of the Fire Authority. Ms. Carlson analyzed this data and developed models showing the number of properties sold within the past year and the corresponding change in assessed value. RSG's annual revenue analysis for the Fire Authority assists the agency in creating its annual budget. Jane has always had a fascination with cities and the different and interesting ways in which they grow and change over time. Her involvement in redevelopment and community development stems from this lifelong interest and her desire to help all communities develop in healthy, happy, and sustainable ways. Education • MA, Urban Planning, University of Southern California,2008, Dean's Merit Scholar • BA, History, University of Michigan,2005, University Honors RSG Academy • Consulting: the RSG Way • Analysis 101 Professional Memberships & Certifications • California Redevelopment Association • American Planning Association 21 APPROACH As currently envisioned, the Agency is considering undertake multiple amendments documentation leading to consideration of amendments to the State College, Central City West, Northwest, Uptown, Mt. Vernon and 40th Street Project Areas (Existing Areas) Redevelopment Plans'. The multiple amendments would accomplish the following: 1) merge the Project Areas for financial reason; 2) extend the period of effectiveness and period to receive tax increment for each Project Area by 10 years (as allowed by the California Community Redevelopment Law ("CRL"]); for the State College and Central City West Projects 3) prepare a amended and restated redevelopment plan for the proposed merged area; 4) increase the financial limits establishing one total tax increment and bonded debt cap for the Existing Areas; 5) updated the Public Improvement Project's List for the proposed merged area; 6) extend or re-establish eminent domain for the Existing Areas; and 7)add territory to the Existing Areas. The following Chart summarizes the amendments under consideration: Proposed Merger/Amendme Ms for City of San Bernardino Redevelopment Project Areas TYPE OF REDEVELOPMENT PLAN AMENDMENT Merge Single-Merged, Project Eminent Tax Inc& Capital 70 Year Add Amended& PROJECT AREA Areas Domain sond Cap Projects Extension Territory Restated Plan State college J J J J J J J Central City west J J J J J J Northwest J J J J J J Uptown J J J J J Mt.Vernon J J J J J J 40th Street J J J J J 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 findings based on substantial evidence that significant blight remains in the proiect area and can not be eliminated with out the use of eminent domain. Furthermore, the definition of blight was modified and is more restrictive than the Previous definition prescribed by 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 pro act area or the amount of bonded debt that can be outstanding at any 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 significant capital improvement oroiects as determined by the redevelopment agency. In adding such capital improvement projects an agency must follow the same procedures as adopting a new redevelopment plan (Major Amendment). AMENDMENT TO INCREASE THE EFFECTIVENESS AND TERM TO RECEIVE TAX INCREMENT BY TEN YEARS The Agency wishes to pursue the extension of effectiveness of the State College and Central City West Project Areas. These Projects will be reaching their effectiveness time limit in the near future. Once the effectiveness limit is reached most legal counsels believe that implementation activities (except for inclusionary housing)within the project area must cease and funds can only be spent on administering debt associated with the area. Therefore the Agency wishes to pursue the 10-year amendment to extend the effectiveness and time period to receive tax increment for these Project Areas, as allowed by the CRL. Pursuant to CRL Section 33333.10, documentation from the amendment must enable the City Council to make findings that significant blight remains in the project areas that cannot be eliminated without extending the effectiveness of the redevelopment plan and the time limit to receive tax increment. Again, the 10-Year amendment would required the Agency to follow the same process and provide the same type of documentation as required in adopting a new redevelopment project, although additional time is required to complete this particular amendment process. Significant blight does not have to be prevalent throughout the entire project areas, though tax increment may only be spent in areas where blighting conditions were identified or where non-blighted 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 year after the amendment is adopted the Proiect Areas must deposit a total of 30% a 10% increase) of the tax increment revenue received (from the project area) into the Agency's Low and Moderate Income Housing Fund ("LMIHF"). The requirement as to the limitation on where funds may be spent after the 10-Year extension amendment does not include expenditures from LMIHF. Additionally, the CRL contains a list of other requirements that must be met for the Agency to amend to add the ten year period to the term of effectiveness and period to collect tax increment for the Central City North and Meadowbrook/Central City Project Areas. The City Council must not only make required findings of blight noted above, the Agency prior to the City Council's consideration of the amendment ordinance must adopt a resolution that makes the following findings: • The community has an adopted housing element, • The agency has not been in major violation of the State Controller's annual reporting for the past three fiscal years; and • Completion of a written request to and response from the State Department of Housing and Community Development stating that the agency does not have an excess surplus in its LMIHF. It is our understanding that the Agency would be able to make such findings. AMENDMENT TO ADOPT A SINGLE COMPREHENSIVE MERGED, AMENDED AND RESTATED REDEVELOPMENT PLAN FOR THE SIX PROJECT AREAS PROPOSED TO BE MERGED AND ADDED TERRITORY The preparation of a comprehensive and consolidated amended redevelopment plan as part of the proposed merge/amendments does not require additional documentation nor does it imposed any new requirements on the Agency. The document must contain all the specific term, limits and other unique information covering each of the Project Areas that comprise the merged area. There is significant benefit in having the merged area covered by one updated and comprehensive redevelopment document. It eliminates the need to reference or review multiple documents, it will be current with regard to requirements of the CRL and it simplifies the attachment of a new Public Improvement Project List covering the entire merged area. ADDING TERRITORY TO PROJECT AREA(S) Pursuant to the CRL Code Section 33000 et Seq, in order for an area to qualify for inclusion into a redevelopment project area, the Agency will need to conclude that both physical and economic blighting condition exists in Study Area, the area is predominately urbanized, and that blight predominates and injuriously affects the entire Study Area. The amendment procedure outline in the CRL is lengthy and detailed but mirrors with one exception the merger process. The additionally steps required in adding territory would be to 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 confirmed 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. 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 10-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). Q Community Information Program Recent experience with redevelopment plan adoptions and amendments has underscored one critical element to their success—the community needs to be involved in the process. Redevelopment plans lose community support most often when the benefits seem to be too vague or too technical for most people to understand. This is particularly true for this type of an amendment, where an increase in the financial capacity can be easily misunderstood to be a tax increase on property owners and residents. Thus, RSG's approach to these discussions is to begin with the end in mind—by developing with staff a clear, concise set of specific and realistic redevelopment goals,and then recalling upon these goals as a"theme"during the process. Project Area stakeholders may have fundamental questions on the impact on their property taxes and other issues. (Indeed, waiting to initiate public discussions with the public hearing notice can unnecessarily intimidate or trouble many residents and property owners.) RSG would prepare informational materials for staff's use at the community meeting(s), including a PowerPoint presentation on redevelopment in general, a redevelopment process flow chart, and a handout on frequently asked questions. For the purposes of this proposal, we have included one (1) public stakeholder meeting or workshops in the budget. The budget also includes material preparation to facilitate public discourse on the redevelopment proposal. Project Area Committee Determination It is likely that a Project Area Committee ("PAC") will be required. Pursuant to Law Section 33385, it is necessary to form a PAC if residential uses are included in the extension of eminent domain. RSG proposes to assist with the PAC formation process and assist in support of the required meetings. RSG would prepare the procedures for formation of the PAC, assist with the PAC election and staff meetings of the PAC. RSG has had extensive experience in the formation and staffing of PACs. This is considered an Optional Service, a fee estimate for preparation of the 4, 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 �i 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. Ra0araloprMM AVMY WIN City 01 San SarraMine McMO Area B McWr a,M Amendment SUMMARY SCHEDULE APrE 15.2010 DRCVMOM AWM Planning CDC CRY C.Wl C.R. C.rnis4on Su Area R®Mabn 71m10 PMim %an 71MIO =910 9l&10 R.. ent wan 919110 9122/19 Will Prdimna R 99110 IM0,10 PAC Fpmat. 7119/10 1011&10 R Rb Camdl 211&11 Will Y111 JoIM Pu01k Marl 0006 Counc3 COmad 311111 N 1100 0ebm ea &1&11-mull JoiM Podic Heann, 5011 PuOc A M ili Ortlr,Np EMttire Re I br SpMOI OOMM 711110 FYal Rea.n9 &Ml l Pm oM Stat mend of PW 6 OOF Re,,orl 9/1110 Seto.R.6291AW,wn 62&11 P nnalv Reoort TraananrIN 1u2D10 ® OOFMCD Report 6 Hearty Mike &1&11 OMlnan.CRalkrl0a Period Enda 10119111 15 dans Dente Man 32 i 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 I Labor I Other TASKS Hours Cost Costs TOTAL TASK A-PROCESSING & DOCUMENTATION Meetings(project team,Agency/CC/PC&TA) 180 $26,980 $26,980 Project coordination/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 Field Survey&Preparation 322 $38,040 $2,500 $40,540 Data Collection/Research/Analysis 336 $40,320 $500 $40,820 Financial Analysis for Merger 100 $14,900 $14,900 Prepare Amend Merged Redev Plan 90 $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 Plan 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 Hearing,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 Follow-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 :i1999 $263,000 $33,150 $296,150 �::9'TIlE3TaPS::ri.Y.%ic lf.�'uiiPi.'h:aC *.s�•.. t..n :_ .. - �x hx Project Area Committee/Procedures/Formation&Meetings 308 $42,240 $1,000 $43,240 Community Meeting, PAC Formation 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 $ 195 Senior Associate $ 160 Associate $ 140 Senior Analyst $ 110 Analyst $ 100 Research Assistant $ 90 Technician $ 70 Clerical $ 60 Reimbursable Expenses Cost plus 10% RSG does not charge for parking, standard telephone/fax expenses, general postage, or incidental copies. However, we do charge mileage or car rental and fuel costs when conducting field survey work, messenger services, overnight shipping/express mail costs, and teleconferencing services. We also charge for copies of reports, documents, notices, and support material in excess of five(5) copies. These costs are charged back at the actual expense plus a 10% surcharge. RSG issues monthly invoices payable upon receipt, unless otherwise agreed upon in advance. Invoices identify tasks completed to date, hours expended, and the hourly rate. 35 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 meetings Total 15 meetings SCHEDULING Prepare, monitor and update the plan amendment schedule 36 COORDINATION/FOLLOW-UP Coordinate the preparation of all documents; monitor and coordinate the activities of the staff, legal counsel and the consultant team. RSG will assist Agency staff in identifying necessary follow up steps to be completed by Agency staff. These include transmitting the adopted ordinance to the newspaper for publication, recording necessary documents and mailing necessary final documents to the State, County and affected taxing agencies. NUMBER OF COPIES RSG will distribute 3-ring binders containing the Report to City Council for use at the Public Hearing. A total of fifteen (15) binders are included. All required documents will be provide by RSG except the EIR which will be provided to the Agency's environmental consultant RSG will provide computer disks of all finalized documents in PDF format. The Merged, Amended and Restated Redevelopment Plan will be provided in Microsoft Word format. We will also provide up to fifteen (15) paper copies of all documents, maps, and reports. Additional copies will be billed at cost plus ten percent (10%). Where possible RSG will utilize a compact disk for transmittal of documents to the taxing agencies. INVOICES Invoices will be issued monthly and are payable upon receipt, unless otherwise agreed upon in advance. Invoices will identify tasks completed to date, hours expended and the hourly rate. Advances will be required for all mailings except taxing agency mailings. SCOPE OF WORK MODIFICATIONS In the event the scope of work should change to a degree that would alter the fee, RSG will contact the Agency in writing and submit a revised fee schedule prior to the commencement of work. Requests for extra work will be documented, and a completion time and compensation amount will be submitted for approval prior to initiating work. ENVIRONMENTAL DOCUMENTATION-EIR BY AGENCY SELECTED 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 ! ! ! � ! $ ! ! ! ! bp Bob ! 10 ! k ! | ! k7 ! ! � k j3 c � < ■ it 4 ! § § ` ! | !| | � « 2 ! e | ; � K = | | - || E \ = ■ = = - - := - - ; z & | | � � @@2 ■ ■ » . ■ = a ■ ka « ■ ) � ■ § § kakk ) | kk ■ | 2@ § | ( k § k § k IN § § § / \ § k \ kkk § § § � § § § / | | § 2 § | ! § § | ■ § | ||! | | | | ! § § § § § § § 2 ! § § | § § | § § § | | | � . _ § - , r � . | |y .... U!. !ta!l!■ f E ,- !©�,i■; ■.f a- �■ �!�' Io!| ©®|! !$!!k|�|| |!■�§°!!| !�" -4!|�!o' E E j | C| s. ■...| - , | | 7m § ■ - a ' � k � § kk k �| 20 ` 0 �l � . ok �! \ « ° �< � . 9�1< 5 i. z � o . . ! , . . � .,� .. ,_;_,,,_„■;;;;;■�;■■;;,;„� „ ; 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- lr•. consultant's employment performing work under this Agreement. (� (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency. 11 P UgendaSAgeMa A...hmems ,nd.Amchmems\Agrmu-Amend 2010\05.1]-10 RS In Pmfmimm Service Agr«meni Am 8 MmgerAmendmem doca RESOLUTION NO.: 1 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 3 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 4 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND RBF CONSULTING, TO PROVIDE CONSULTANT 5 SERVICES IN CONNECTION WITH THE PREPARATION OF A PROGRAM 6 ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED AREA B WEST PROJECT AREAS MERGER AND PLAN AMENDMENTS (STATE 7 COLLEGE, CENTRAL CITY WEST, NORTHWEST, UPTOWN, MT. VERNON, AND 40T" STREET REDEVELOPMENT PROJECT AREAS) 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 40`h Street); and 18 WHEREAS, the California Environmental Quality Act (the "CEQA"), Section 15378 (a) (1), 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, 1 P\AgeMuV esolmions\Resolusions\2010\05-17-10 RBF Program EIR Area B-Professional Services Agr mens CDC Kew B.dO x 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 EIR 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. 28 2 P:\Agendas\Rewlutions\Resolutions @010\05-17-10 RBF Program EIR Arcs B-PmRssional Services Agreement CDC Reno B&cx RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF 1 THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE 2 INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE A 3 PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND RBF CONSULTING, TO PROVIDE CONSULTANT 4 SERVICES IN CONNECTION WITH THE PREPARATION OF A PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED 5 AREA B WEST PROJECT AREAS MERGER AND PLAN AMENDMENTS 6 (STATE COLLEGE, CENTRAL CITY WEST, NORTHWEST, UPTOWN, MT. VERNON,AND 40TH STREET REDEVELOPMENT PROJECT AREAS) 7 8 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 9 Development Commission of the City of San Bernardino at a meeting 10 thereof, held on the day of , 2010, by the following vote to wit: 11 Commission Members: Aves Nays Abstain Absent 12 MARQUEZ — 13 DESJARDINS — © 14 BRINKER — 15 SHORETT — 16 KELLEY — 17 JOHNSON _ — 18 MC CAMMACK — i 19 20 Secretary 21 The foregoing Resolution is hereby approved this day of , 2010. 22 23 Patrick J. Morris, Chairperson 24° Community Development Commission of the City of San Bernardino 25 Approved as to Form: mow, 26 �i 27 By' J Agency C nsel 1 28 3 P Ugen&s\R olutionsVm[utions2010W5-Il-10 RBF Program EIR Ara B-WOfasioml 5micec Agrtement CDC Rem B do j ♦✓ 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: 1. 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 1 P:\Agendas\Agent Attechments\Agende Atmchments\Agrmi-A.eM 2010\05.17.10 RBF Com Iting Prohssioml Bervim Agreement Ar 3 MergerAmeMment.docx " action of the governing body of the Agency, Consultant agrees to provide the Optional v.. 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. 2 P9Ag ndas\Agee AmchmtntMgenda Attachments\ASrmts-AMeM 3010\05-I]-10 RBi Conmhing Professiand Se,viu Ayreemem Am B Me,p,Ammdmem d.. 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. 3 P\Agendas\Agenda Allachme06\Agenda Anachmems\Ayrmrs-AmeM2010OS-11-IORBFC onm10ny P.f.vmnal Service Agreement A.B MMry,AmeMmemd.a 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. 11. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifying such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event of a termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in performance of the Scope of Services of this Agreement to the Agency, within ten (10) ® calendar days of such termination and without additional charge to the Agency. 4 P\Agendas\AgeMa AnachmentsWMcnda Auachmems\Agrm,s-A.eM 2010\05-17-10 RBF C.n.11,%No@s m.1 Soda Agrcement_Am B Mu,,A.eM..t dou 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 w 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. 5 P\Ag.Mw%A,eMa AwnhinenisUyenda An¢hmems\AgrmtsdmeM 3010\05-I1-10 RRF Cmwlting Pmfessioml Se im Agraemeni Area O MerprAmendment dmn 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and gar 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 i 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 r"r Years, and (ii) City of San Bernardino — Verdemont Water— Construction Management Services 6 P\ABendas\ApWa Anachments\ABends Avachmmts\ABrnns-Amend 3010W5-17-10 RBF Consulting Profpsional Service Agrument Area B MeryerAmeMmem doca 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. CONSEQUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant 0 g y 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. 7 P\Apndas\ASenda AlnchmenWASende Attachmmts\Agrmis-Amend 201M05-17-10 R8F Conwltin8 Pmfessioml Swim AW mem Arm B MmSe Ame nt don - 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: Bv: — Agency C nsel CONSULTANT Dated: RBF Consulting By: Name: Title: 8 P\Agendas\Agenda Alwhmen MpU da AOachmenls\Agrmts-AmeM 3010\05.11-10 BBF Co Iting Pm(asiowl S,,l Agrmmem A,.8 WrgerAmendmem d.. EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agency Staff: Emil Marzullo, Interim Executive Director Don Gee, Deputy Director Jeffrey Smith, AICP, Project Manager 9 P Ugendas\Agenda Anachmens\Agenda Anachmen MWmts-Amend 3010\05-17-10 RBF Conmlting Professional Service Agreement Arn B h1erge,Amendmem doa EXHIBIT"B" SCOPE OF SERVICES 10 P USend&Mprda AnachmentsUgenda Attachments\Agmts-AmeM 2010 S-1)-10 RBFConmlting N.%i.ional Service Agreemem Area 8 MergerAmendment doe. PROPOSAL FOR CONSULTING SERVICES MERGED AREA B MERGERS AND PLAN AMENDMENTS ENVIRONMENTAL IMPACT REPORT Submitted to: c Sail 61,1-1131.1 ino Submitted by: WF . CONSULTING ® April 22, 2010 FBF aowwurwo 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 ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway,Irvine.CA 92618-2027•P.O.Box 57057,Irvine,CA 92619-7057•949.472.3505•FAX 949.472.8373 Offices located throughoul California,Arizona&Wvada • v .RBF.com April 22,2010 Mr.Don Gee and Mr.Jeffrey Smith,AICP 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, 1 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 cmorsePrbfcom 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, a&kv;�� Collette L. Morse,AICP Vice President Planning/ Environmental Services Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Ina Brrnar imi 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 401h 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 Qfor revitalization or redevelopment programs. W 1 Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report tian Verna inn 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/ NOR 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 Qproperly Scoping the review process for the project. 2 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report 1a�krrnar inn 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 r 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. 3 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report San lhlrnar inn Task 1.0 Output: ; ♦ One Kickoff Meeting ♦ One Public Scoping Meeting ♦ Project Team research and scoping ofavaflable materitt ♦ Project Team tour of Project Areas ♦ Electronic copy of Draft Initial Study ♦ 30 Copies of FinalInitial Study and N' ce pdt ♦ One-(l electroniccopyoflltoth o}PZ'uraa�arit it t 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 4 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Sao Rrrnnr inn 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 CONSULTINO PLL %L error rror: IlLega LOperatorSequence rator: BezierRelPath sition: 194600 PROPOSAL FOR CONSULTING SERVICES MERGED AREA B MERGERS AND PLAN AMENDMENTS ENVIRONMENTAL IMPACT REPORT Submitted to: ;SdRrB®r , Submitted by: MF CONSULTING April 22, 2010 FBF . CONiYLTINO 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 ■ DESIGN ■ CONSTRUCTION 14725 Alton Parkway,Irvine.CA 92618-2027•P.O.Box 57057,Irvine,CA 926147057.949 472 3505•FAX 949.472.8373 Offices located throughoul California,Arizona&Nevada • vvmv.RBF.com April 22,2010 Mr.Don Gee and Mr.Jeffrey Smith,AICP 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 cmorsePrbfcom 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, Collette L.Morse,AICP Vice President Planning/ Environmental Services Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Sae lirniar ion 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. M 1 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Saa Rana inn 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 X11 properly scoping the review process for the project. 2 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Say Rrrnar inn 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. MF 3 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Sae Brrnar ian Task 1.0 Output: ♦ One Kickoff Meeting IStudy♦ One Public Scoping Meeting ♦ Project Team research and scoping of available materi♦ Project Team tour of Project Areas♦ Electronic copy of Draft Initial Study ♦ 30 Copies of Final Initial Study and Notice of Preparati♦ One(1)electronic copy of Notice of Preparation and In 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 4 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report tan Rrrear inn 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 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project ig 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/Greenhouse 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) Ganuary 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 5-3-05. 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. 6 CONEOLTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report tan Rernar inn 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 (AIC), 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 l 7 CONSUIT1.0 Proposal for Merged Area B '� Mergers and Plan Amendments Project Environmental Impact Report ti7n Bernar inn 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: • Where and when the records search was completed; • Dates of the site visit; and • 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 MF 8 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report W 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. L 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 9 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report y 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: ♦ &rg. 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. ■■ � to CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Sae Rrrear inn ♦ 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; ♦ Water. RBF will focus on existing water sources/availability, infrastructure connections,easements modifications and necessary mitigation. ♦ Sewer. RBF will focus on existing capacities, infrastructure connection, easements modifications and necessary mitigation. ♦ EI r' Existing facilities, project impacts, infrastructure relocation, easements and necessary mitigation. ♦ 120. Existing facilities, project impacts, infrastructure relocation, easements and necessary mitigation. L. Trafflc 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, V 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 11 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report X 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 Pursuant to 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 12 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report 17e Rrrnar inn 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 of 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. 13 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Sae Nrrna ien Task 2.0 Output: ♦ Ten hard copies of the Administrative Draft EIR ♦ One electronic copy of the Administrative Draft EIR ♦ One electronic copy of the Technical Appendices Task 3.0 Draff 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 NOR Task 3.0 Output: ♦ Ten hard copies of the Administrative Draft EIR#2 k ♦ One electronic copy of the Administrative Draft EIR#2 ♦ 25 hard copies of the Draft EIR with CD(PDFfiles of Draft EIR and Technical` Appendices) ♦ 50 "Executive Summary°Copies of EIR(includes Executive Summary and Project Description)with CD(PDFfles of Draft EIR and Technical Appendices) ♦ 50 CDs with PDFfiles of Draft EIR and Technical Appendices ♦ One electronic copy of the Draft EIR and Technical Appendices ♦ Ten copies of the Technical Appendices ♦ 50 hard copies of the Notice of Completion One electronic copy of the Notice of Completion 14 CONEULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report X 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. O 15 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report Xan Bona inn 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 Responses to Comments/Administrative Final EIR/Mitigation Monitoring Program ♦ One electronic copy of the Draft Responses to Comments/Administrative Final EIR/Mitigation Monitoring Program ♦ 25 hard copies of the Final EIR with CD(PDF files of Final EIR and Technical Appendices) ♦ 50 CDs with PDFfiles of Final EIR and Technical Appendices ♦ One electronic copy of the Final EIR and Technical Appendices ♦ One Notice of Determination ♦ Ten hard copies of the Draft Findings and Statement of Overriding Considerations ♦ One electronic copy of the Final Findings and Statement of Overriding Considerations 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. 16 CONSULTING Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report v 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 with AgencyStaffandProjgc6Teglrt c r ♦ 7'wo(2)meetings with Agency Staff to provide written and pl'grp reports, resolve issues, review comments on documents,n necessary direction fivm Agency Staff K x ♦ Four(4)public hearings with pre R 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 17 CON{ULT6N0 Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report tae Ilrrnan inn 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 if provided 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: ♦ Three(3) hard copies of the Hazardous Materials Memos ail! attachment as well as an electronic PDFformatshal. of E approximatel yfjteen(15fdaysfromnotke-tdproc y. a One(1)electronic copy of the as cowsuvIwa II Proposal for Merged Area B Mergers and Plan Amendments Project Environmental Impact Report ip Proposed Budget and Schedule The proposed budget and schedule for the EIR are provided on the following pages. 19 CONSULTING ;:»; .:. - - -- ----- ----- - - \_\� (} ) ( - ) f )\) \\ } }\ \\ \�� IL!! § \\;)}\\)) \ ) /k )\| � § ! |! • §_ ; �! } }} { {{ § }} ) ) ! - HHHH ) � ; ® - { { ! § l � ; t � ; , - : - � , ! ! ! ! \ ! / 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- Cconsultant's employment performing work under this Agreement. (4) Errors and Omissions Coveraee. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled,terminated or modified, except upon thirty (30) days prior written notice to the Agency. 11 P\Agendas\Agenda Anechmenis\Agenda Anachments\Agrmis-Amend 2010\05-17-10 RBF Consulting Professional Service Agreement Area 6 AfergerAmendment docx