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HomeMy WebLinkAboutR32-Economic Development Agency . ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO FROM: Gary Van Osdel, Executive Director Or"-"""L n i ""II I . r\ SUBJECT: CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT AREA PLAN AMENDMENTS - EMINENT DOMAIN DATE: May 9,2002 ---------------------------------------------------------------------------------------------------------------._----------------------- SvnoDsis of Previous Commission/Council/Committee Action(s): On January 13, 2000, the Redevelopment Committee recommended that the Community Development Commission authorize the Executive Director to prepare plan amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and Meadowbrook project areas. On January 24, 2000, the Community Development Commission vote to authorize the Executive Director to prepare plan amendments to reinstate eminent domain in the Central City North, Central City South, Central City East, Uptown and Meadowbrook project areas. --------------------------------------------------------------------------------------------------------------------------------------. Recommended Motion(s): (Communitv Development Commission) MOTION: RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW SPEV ACEK GROUP INC. TO PROVIDE PLAN AMENDMENT CONSULTANT SERVICES IN CONNECTION WITH AMENDING THE CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT AREAS TO REINSTATE EMINENT DOMAIN. ----------------------------------------------------------------------------------------------------------------------------------------------.------------. Contact Person(s): Gary Van Osdel Project Area(s) Central City North/Uptown Phone: 663-1044 1&2 Ward(s): Supporting Data Attached: 0" Staff Report 0" Resolution(s) 0" Agreement(s)/Contract(s) 0 Map(s) 0 Letter/Memo FUNDING REQUIREMENTS Amount: $ 57,486 Source: Tax Increment Requested SIGNATURE: GVO:lag:06-03-02 Eminent Domain COM~ i.fl6 . j :L.. fr; 1~2- -~:::--~~_~~Lm__m_m_____m__________________m_____m___m. Age ECONOMIC DEVELOPMENT AGENCY STAFF REPORT Central City North and Uptown Redevelopment Proiect Area Plan Amendments- Consultant Services BACKGROUND To date, pursuant to the Commission's direction of January 24, 2000, the Agency has amended the Central City South, Central City East and Meadowbrook Redevelopment Project areas to reinstate the Agency's ability to use eminent domain and, pursuant to a subsequent Commission action, has amended the Mt Vernon Corridor project to extend eminent domain in that project area. Staff has recently initiated the amendatory process for the Central City North and Uptown projects, along with the State College project, which was authorized for amending by Commission action on March 18th of this year. To assist staff with the amendment effort, proposals have been solicited from consultant firms to provide the required CEQA environmental analyses and to conduct the necessary data collection, fieldwork, document preparation etc associated with the plan amendment process. For each of the three project areas, the low bid to conduct the environmental analysis was submitted by the Lilbum Corporation, a local firm, for a fee within the Executive Director's administrative authority to approve. In the case of plan amendment consulting services for the State College Project, the low bid was submitted by the Rosenow Spevacek Group, Inc. (RSG), for a fee within the Executive Director's administrative authority to approve. CURRENT ISSUE The bids to provide plan amendment consulting services for the Uptown and Central City North projects exceed the Executive Director's approval authority, primarily because the amendment process in each case will require the formation of a Project Area Committee. The low bid to provide the plan amendment consultant services for both the Uptown and Central City North projects has, in each case, been submitted by RSG. (Central City North - $27,623 and Uptown $29,863) In the case of Central City North the second low bid came in at $76,033. In the case of Uptown, other consultant firms failed to respond. ENVIRONMENTAL Not Applicable. GVO:lag:06-03-02 Eminent Domain COMMISSION MEETING AGENDA Meeting Date: 06/03/2002 Agenda Item Number: Economic Development Agency Staff Report Re-Establislnnent of Eminent Domain CCN/UPT May 9,2002 Page Number -2- --------------------------------------------------------------------------------------------------------------------- FISCAL IMPACT The combined cost of the RSG proposals to provide plan amendment consultant services for the Central City North and Uptown projects, totals $57,486. RECOMMENDA nONS That t??Ommunity Development Commission adopt the attached Resolution. 4L~L Gar~an Osdel E~utive Director -------------------------------------------------------------------------------------------------------------------------------------------- GVO:lag:06-03-02 Eminent Domain COMMISSION MEETING AGENDA Meeting Date: 06/03/2002 Agenda Item Number: -... 1 (...... 2 /,,""'1' l......' 14 / 25 ,-. ~~ p,,\\./ RESOLUTIi\S7~U \. 3 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CERTAIN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW, SPEV ACEK GROUP, INC. (RSG) PROVIDE PLAN AMENDMENT CONSULTANT SERVICES IN CONNECTION WITH AMENDING THE CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT AREAS TO REINSTATE EMINENT DOMAIN. 4 5 6 7 8 9 WHEREAS, the Community Development Commission of the City of San Bernardino 10 (the "Commission") on behalf of the Redevelopment Agency of the City of San Bernardino (the 11 "Agency"), is a redevelopment agency, a public body of the State of California, organized and 12 existing pursuant to the Community Redevelopment Law (Part I of Division 24) commencing with Section 33000 of the Health and Safety Code of the State of California; and WHEREAS, the Agency is considering the need to adopt redevelopment pi 15 amendments in the area identified in Exhibit "A" and has need for consultant services to provid 16 plan amendment consultant services in connection with amending the Central City North an 17 Uptown Redevelopment Project Areas to reinstate eminent domain; and . 18 WHEREAS, funds have been appropriated i~ the Agency's current budget to cover the 19 cost of the necessary consultant services; and 20 WHEREAS, the Rosenow, Spevacek Group, Inc., (the "Consultant") has the experience 21 and expertise needed by Agency; and 22 WHEREAS, the Agency and Consultant desire to enter into a Professional Services 23 Agreement attached hereto as Exhibit "B" and incorporated herein by this reference (the 24 "Agreement"), pursuant to which the Consultant would assist the Agency and provide a plan -1- C amendment to the Central City North and Uptown Redevelopment Project Areas to reinstate 2 eminent domain. 3 NOW, THEREFORE, the Community Development Commission, acting on behalf of the 4 Redevelopment Agency of the City of San Bernardino, does hereby resolve, determine and order 5 as follows: 6 SECTION 1. The Commission hereby finds and determines that the Consultant 7 assistance as described in the Agreement is necessary and required. 8 SECTION 2. The Commission hereby authorizes the Executive Director of the 9 Agency to execute the Agreement and such other documents as may be necessary to implement 10 the Agreement and to make the necessary nonsubstantive changes to the Agreement as may be 11 approved by Agency Special Counsel. 12 SECTION 3. C13 1111 14 1111 15 1111 16 1111 17 1111 18 1111 19 1111 20 1111 21 1111 22 1111 23 1111 24 1111 25 1111 "- This Resolution shall take effect upon the date of its adoption. -2- ,- '- 2 3 4 5 6 7 8 9 10 11 12 C 13 14 15 16 17 18 19 20 C 25 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY (THE "AGENCY") TO EXECUTE A CERTAIN PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE AGENCY AND ROSENOW, SPEV ACEK GROUP, INC. (RSG) PROVIDE PLAN AMENDMENT CONSULTANT SERVICES IN CONNECTION WITH AMENDING THE CENTRAL CITY NORTH AND UPTOWN REDEVELOPMENT PROJECT AREAS TO REINSTATE EMINENT DOMAIN I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Communit Development Commission of the City of San Bernardino at a meeting thereof, held on the , 2002, by the following vote to wit: day of Commission Members: ESTRADA LIEN MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK Abstain Absent Aves Navs Secretary The foregoing resolution is hereby approved this day of ,2002. Judith Valles, Chairperson Community Development Commission Of the City of San Bernardino 21 Approved as to form and Legal Content: 22 23 24 -3- " .. ..--L.l .. .. ..w.. .. .. I..L.. .. ..-LL SEVENTH STREET SIXTH STREET I n:JIJ BJIlIJE ~~ RFTH STREET : I......- I i 8 ~ .. ill e: ., Q !!: >: ~ " Q OJ ~ Q g: " /-;.... "n [ FO/? l~., II -1' . NORTH CENTRAL CITY NORTH r '-' S::vhihit A.1 c ,--. L c ~ SUBAREA "B" ........ ~"'" -.- ~ j . - - rnJ[!] ! r [lliJ Iim~ ~Ii~~gg: IBI: ~; tlTI, 110?I1o_ U r--lr---l r---l I I I 11T Cvhihi+ ^_I) UPTOWN c F L c AGREEMENT FOR PROFESSIONAL SERVICES PLAN AMENDMENT CONSULTANT SERVICES CENTRAL CITY NORTWUPTOWN REDEVELOPMENT PROJECT AREAS THIS AGREEMENT made and entered into this day of , 2002, by REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency, ("Agency"), and Rosenow Spevacek Group. Inc. , ("Consultant"): RECITAL 1. PURPOSE The purpose of this Agreement is to allow the Agency to procure the service of an experienced professional firm to provide plan amendment consultant services in connection with amending the Central City North and Uptown Redevelopment Project Areas to reinstate eminent domain. TERMS AND CONDITIONS 2. MISSION Agency hereby retains Consultant in the capacity as Consultant for provision of services described in Attachment 1. Consultant hereby accepts such responsibility as described herein. 3. TERMS This Agreement shall commence as of the day and year first above shown and shall remain in full force and effect for a period of twelve (12) months, unless terminated sooner as provided herein. 4. CONSULTANT RESPONSIBILITIES Upon the request of the Director or his/her designee, Consultant shall complete the work program described in Attachment 1. Consultant commits the principal personnel listed below to the project for its duration: Consultant: Felice Acosta Rosenow Spevacek Group,. Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 Phone: (714) 541-4585 I ,~.>.,-" L "..-".' '- r \- 5. REPLACEMENT OF NAME PERSONNEL It has been determined that the individual(s) named in this Agreement is (are) necessary for the successful performance ofthis Agreement. No diversion or replacement of this (these) individual(s) shall be made by Consultant without written consent ofthe Director or his/her designee, provided that Agency may ratify, in writing, within ten (10) days of diversion or replacement and such ratification shall constitute the consent of Agency required by this clause. If the Director or Agency fails to respond to Consultant within ten (10) days of . notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. RELEASE OF NEWS INFORMATION No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement or any phase of any program hereunder shall be made without prior written approval of the Director or his/her designee. 7. CONFIDENTIALITY OF REPORTS Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder and that Agency designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the Director or his/her designee. 8. COMPENSATION During the term of this agreement, Agency shall pay Consultant on a monthly basis. Said compensation shall be considered full and complete reimbursement for all Consultant's costs associated with the services provided hereunder. The maximum compensation for services, including all Consultant's costs, under the terms of this Agreement, shall not exceed Fiftv Seven Thousand. Four Hundred Eightv Six and 00/100 Dollars ($57,486). Consultant shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by the Director or hislher Designees. 9. RIGHT TO AUDIT Agency or any of its duly authorized representatives shall have access to any books, documents, papers and records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, an examination, excerpts and transcriptions. All books, records and supporting detail shall be retained for a period of five (5) years after the expiration ofthe term of this Agreement, or any extension thereof, or for any longer period of time as required by law. 2 c: .1""-" \.- c 10. AUDIT EXCEPTIONS Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, with respect to matters covered within the Scope of Services, it shall be responsible for complying with such exceptions and paying Agency in full amount of liability resulting from such audit exceptions. II. AGENCY SUPPORT Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonably available to Agency. 12. INDEPENDENT CONTRACTOR Consultant shall perform the services as contained herein as an independent contractor and shall not be considered an employee of Agency or under Agency supervision or control. This Agreement is by and between consultant and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Agency and Consultant. 13. CONFLICT OF INTEREST Consultant agrees for the term of this agreement not to enter into any agreement that will inure to the detriment of the City of San Bernardino or its Economic Development Agency. 14. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by Consultant whose name is as appears first above written and said Consultant shall not assign nor transfer any interest in this Agreement without the prior written consent of Agency. 15. INDEMNIFICATION Consultant agrees to indemnifY, defend (upon request by Agency) and save harmless Agency, its agents, officers, attorney's and employees from and against .any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury or property damage arising from or connected with Consultant's operations, or its services hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Consultant by any person pursuant to this Agreement. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "defense costs and legal fees" for the purposes of this paragraph. 3 ( '-- ,--;>-. ~ r "- 16. INSURANCE Without limiting Consultant's indemnification of Agency, Consultant shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Director or his/her Designee within ten (10) days ofthe effective date of this Agreement. General Liabilitv: A program including, but not limited to, comprehensive general liability with a combined single limit of not less than $1.000.000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency, its Agents, Officers, Attorney's and employees as additional insured. 17. COMPLIANCE WITH LAWS The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 18. NON-DISCRIMINATION In the fulfillment ofthe program established under this Agreement, either as to employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of payor other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, Consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap. 19. SEVERABILITY In the event that any provision herein contained is held to be invalid, void or illegal by any . court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. 20. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 4 (, ,..-' "- r ~ 21. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 22. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of anyone breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 23. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the Director or his/her Designee. 24. TERMINATION 25. This Agreement may be terminated by either party by giving written notice at least fourteen (14) days prior to the effective termination date in the written notice. NOTICE Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: Consultant: Felice Acosta Rosenow Spevacek Group, Inc. 540 North Golden Circle, Suite 305 Santa Ana, CA 92705 To Agency: Executive Director Economic Development Agency of the City of San Bernardino 201 North "E" Street, Third Floor San Bernardino, California 92401-1507 . Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 26. ENTIRE AGREEMENT IIII This Agreement with attachments constitutes the entireunderstanding and agreement of the parties. 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as C of the day and year first above shown. c ,..- '- By: Approved as to form and legal content: ~ by: REDEVELOPMENT AGENCY oftbe CITY OF SAN BERNARDINO GARY VAN OSDEL Executive Director CONSULTANT By: p:\development deptlgarylmiselagreement-professional sves rsg.doe 6 CONSULTANT'S RESPONSIBILITIES (: ROSENOW SPEV ACEK GROUP, INC. CENTRAL CITY NORTHIUPTOWN REDEVELOPMENT PLAN AMENDMENT SCOPE OF SERVICES I. Scopine Meetine and Data Collection - Meet with City staff to review issues and collect information related to the redevelopment project. Meet or coordinate with selected environmental consultant regarding collection of data and timeline. 2. Prepare Amendment Schedule - Ascertain the council meeting and agenda deadline schedule and coordinate with staff in the development ofthe project schedule. The schedule will enunciate the task, timeframe, and persons responsible for each task. 3. Conduct Field Work - RSG will conduct a field survey of the Project Area to document that conditions of blight remaining that may require the power of eminent domain to remedy pursuant to Section 33031 of the CRL. Although the entire Project Area will be reviewed, the focus of the survey will be upon those parcels affected by the amendment. During the field survey, RSG personnel will take representative photos for inclusion in the Report to the Common Council c 4. Prepare Necessarv Documents - Prepare the text amendment to the Redevelopment Plan and Report to the Common Council pursuant to Section 33352 of the CRL. If desired, an amended and restated redevelopment plan text can be developed to update the State College Redevelopment Plan. This will enable the Commission to adopt updated documents that contain current law requirements and time and financial limitations. Given that the proposed amendment will involve a simplified procedure, it is anticipat.ed that minimal documentation of blight will be needed to justify the Commission's reestablishment of eminent domain in the Project Area. 5. Proiect Area Committee Formation - The RFP indicates that it maybe necessary to form one or more Project Area Committees. If that is necessary, RSG will prepare the necessary "PAC Formation Procedures" and assist with the Information and PAC election meeting(s) and provide support for the subsequent meetings of the PAC. The fee quote includes one formation, one election and four PAC Meetings. 6. Attend Community Forum Meetine - RSG will attend and/or conduct (at the direction of the staff) one community forum meeting for the Project Area prior to the joint public hearing. RSG will assist staff in the preparation of a newsletter or form of notice for the community meeting, as well as a Power Point presentation to be utilized at the community meeting. . ,-. '- 7. Prepare Mailine List - Prepare taxing entity mailing list to be used for mailing notices required by the CRL. If desired, RSG can assist staff in the preparation of the property owners, businesses and residents mailing list for the community meeting and public hearing. c c /- i "'- 8. Mail Taxinl!: Al!:encv Notices - Assemble and mail all necessary taxing agency notices. For budgeting purposes, the mailing cost is estimated at $3. 75/piece for each certified mail piece (taxing agency notices). 9. Prepare Required Notices - Prepare written notices required by the CRL, including: the notice pursuant to Section 33327 of the CRL; the published and mailed notice of the community forum meeting; and the published and mailed notice of the joint public hearing for property owners, businesses, residents and persons, firms or corporations which have acquired property within the Project Area from the Commission. 10. Attend the Joint Public Hearinl!: - RSG Principal or Project Manager will attend and present information (if deemed necessary) as the joint public hearing. 11. Prepare Staff Reports and Follow-up - Ifrequired, RSG will draft staff reports needed to proceed with the amendment and prepare follow-up correspondence as required by the CRL. 12. Prepare Written Responses to Written Obiections and Oral Obiections (if applicable) - If needed, RSG will prepare written responses to any written and oral objections received at the joint public hearing. RSG assumes that responses will be reviewed and coordinated with Commission's special legal counsel. 13. If Required, As an Optional Service, Conduct Mailinl!: for Public Information Forum and Joint Public Hearinl!: - If requested by the Agency, RSG will conduct mailing for the Commission on a time-and-materials basis. Cost of the mailing is outside of our fee estimate. It is estimated that the cost is $1.70/piece for other first class mailings (public forum and public hearing). Once the exact number of pieces is determined, RSG would submit a budget for staff review and would not commence until approved. Due to the size of the mailings, RSG will request an advance of funds to cover expenses for each mailing. . '. , ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): U - 3- tJ~ Item # 12.3:;)- Vote: Ayes ~0l.1S;& Nays f::J Abstain Change to motion to amend original documents: Resolution # CDfl.-/ ~ - ~ 7 Absent 3/1 Reso. # On Attachments: -==-- Contract term: - Note on Resolution of Attachment stored separately: -==- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By: Date Sent to Mayor: U . s- O::;r- Date of Mayor's Signature: b - (;-O.;J Date of Clerk/CDC Signature: C; - ~ -0...2 Date MemolLetter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: See Attac e . See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585, 12634): Updated CDC Personnel Folders (5557): c. Updated Traffic Folders (3985, 8234,655,92-389): Copies Distribu~ to: City Attorney , Parks & Rec. Code Compliance Dev. Services Public Services Water Police Notes: NuIlNoid After: - Reso. Log Updated: Seal Impressed: / - Date Returned: Yes 1- No By_ Yes NOf By_ Yes No By_ Yes No By_ Yes No By_ EDA~ MIS Finance Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.) Ready to File: 1lJ:C...- Date: &-1-o~ Revised 0 II I 2/0 I