HomeMy WebLinkAboutR37-Economic Development Agency
ECONOMIC DEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
e
FROM:
Maggie Pacheco
Executive Director
SUBJECT:
Terra Nova Planning and Researcb, Inc. -
Amendment No. 3 to the 2004 Professional
Services Agreement
DATE:
April 3. 2007
Svnopsis of Previous Commission/CounciVCommittee Action(s):
On May 3. 2004, the Community Development Commission of the City of San Bernardino ("Commission") adopted Resolution
CDC12004-1O approving and authorizing the Executive Director of the Agency to execute a professional services agreement
("2004 Agreement") with Terra Nova Planning and Research, Inc. ("Terra Nova").
Amendment No. I was approved administratively on May 3,2005 by the Executive Director.
On August 15,2005, the Commission adopted Resolution No. CDC/2005-28 approving and authorizing the Executive Director
to execute Amendment No.2 to the 2004 Agreement with Terra Nova.
On March 22, 2007, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously recommended that the
Commission consider approval of Amendment No.3 to the 2004 Agreement with Terra Nova.
Recommended Motion(s):
(Community Development Commission)
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Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San Bernardino to execute Amendment No.3 to the
2004 Professional Services Agreement with Terra Nova Planning and Research, Inc.
Contact Person(s):
Project Area(s):
Supporting Data Attached:
FUNDING REQUIREMENTS:
Maggie Pacheco
All
Phone:
Ward(s):
(909) 663-1044
All
o Staff Report 0 Resolution(s) 0 Agreement(s)/Amendment(s) 0 Map(s) DOther(s)
Amount: $ 100,000
Source: .
Tax Increment
Budget Authority:
2006-2007 Fiscal Year Budget
(See Fiscal Impact)
.~
SIGNATURE: ~ ~
Maggie Pa'checo, xecutive Director
Fiscal Review:
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,.~/')ju It:
Barbara Lindseth, Administrative Services Director
Commission/Council Notes:
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P'\AaendasIComm Dev CommissionlCOC 2007\04.16-01 Terra No\"a Amendment No 3 SRdoc
COMMISSION MEETING AGENDA
Meeting Date: 04/16/2007
Agenda Item Number: ~
tit
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ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
TERRA NOVA PLANNING AND RESEARCH, INC. - AMENDMENT NO.3
TO THE 2004 PROFESSIONAL SERVICES AGREEMENT
BACKGROUND:
Terra Nova Planning and Research, Inc. ("Terra Nova"), has over 20 years of experience and is a
full service urban planning and environmental assessment firm with a staff composed of
professional urban and environmental planners. Terra Nova have prepared a wide variety of
documents, including general and comprehensive plans, master plans, specific plans,
environmental assessments and environmental impact reports, etc. and have worked with
numerous cities and agencies such as Rancho Mirage, La Quinta, Palm Desert, Cathedral City,
Cal State San Bernardino, and the City of San Bernardino (the "City"). Terra Nova have
provided valuable expertise in working with Agency Staff in the preparation and review of
various environmental documents for Agencl projects such as Waterman Holdings, LLC (4'b
Street & Waterman Avenue); La Placita on 2n Street (2nd & "K" Streets); Downtown Mixed-Use
Housing Project (SIb & "G" Streets); EI Paseo Petroleum, LLC (S'b Street & Mt.Vernon Avenue
- ARCO AM/PM); and the Hillwood Project, to name a few.
On May 3, 2004, the Community Development Commission of the City of San Bernardino (the
"Commission") adopted Resolution No. CDC/2004-1O approving and authorizing the Executive
Director of the Agency to execute a professional services agreement ("2004 Agreement") with
Terra Nova to provide planning services within the City and specifically, Agency's project areas,
as it is related to development activities (commercial, industrial and residential). The term of the
2004 Agreement was from May 3, 2004 through May 3, 200S with the initial funding in the
amount of $60,000.
Pursuant to authorization granted to the Executive Director under the 2004 Agreement, on May
3, 200S, Amendment No. I to the 2004 Agreement was executed with Terra Nova, thereby
extending the terms and conditions of the 2004 Agreement for an additional 12 months through
May 3, 2006, with no additional funding.
On August IS, 200S, the Commission adopted Resolution No. CDC/200S-28 approving and
authorizing the Executive Director of the Agency to execute Amendment No. 2 to the 2004
Agreement between the Agency and Terra Nova. Amendment No. 2 extended the 2004
Agreement through May 3, 2007 and increased the 2004 Agreement by $113,000. Amendment
No. 2 was specifically for the preparation of an environmental impact report ("EIR") for the
Hillwood-Culligan ("Hillwood") Project. Per the terms of a Study Agreement, Hillwood
reimbursed the Agency for all costs associated with the preparation, certification of the EIR and
approval of the Hillwood Project.
P:\Agendas\Co",," Dev Commission\COC 2007\04..16-07 Tern Noya Amendment No.3 SR.doc
COMMISSION MEETING AGJi;NDA
Meeting Date: 04/1612007
Agenda Item Number: R~1_
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Economic Development Agency Staff Report
Terra Nova - Amendment No.3
Page 2
CURRENT ISSUE:
Agency Staff foresees the need for continued planning and environmental report
review/preparation services through the remainder of FY 2006-2007 and for FY 2007-2008 for
future projects that the Agency will be involved in. These projects include, but are not limited to
the following: Home Depot, Century Homes, Verdemont Towne Center, Seccombe Lake, Rudy
Hernandez Center, etc. In addition, Terra Nova will continue to provide support staff to the
City's Planning Division such as assisting with the processing of the Court Street West Specific
Plan.
ENVIRONMENT AL IMPACT:
This Amendment No.3 to the 2004 Agreement does not meet the definition of a "Project" under
Section 15378 of the California Environmental Quality Act ("CEQA"). Therefore, this item is
exempt under CEQA.
FISCAL IMPACT:
Additional funds in the amount of $100,000 will be required for the remainder of FY 2006-2007
and FY 2007-2008. These funds are available in the Housing and Redevelopment Funds, as
appropriate.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
//J
Maggie
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Meeting Date: 04/16/2007
Agenda Item Number: RJ 7_
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RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.3 TO
THE 2004 PROFESSIONAL SERVICES AGREEMENT WITH TERRA
NOVA PLANNING AND RESEARCH, INC.
WHEREAS, the Community Development Commission of the City of San Bernardino (the
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"Commission") is the governing board of the Redevelopment Agency of the City of San
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Bernardino (the "Agency"), a public body, corporate and politic, organized and existing pursuant to
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the Community Redevelopment Law (California Health and Safety Code Section 33000, et sea.);
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and
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WHEREAS, Terra Nova Planning and Research, Inc. ("Terra Nova"), has over 20 years of
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experience in the preparation and review of a wide variety of documents including general and
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comprehensive plans, master plans, specific plans, environmental assessments and environmental
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impact reports, etc.; and
WHEREAS, on May 3, 2004, the Commission adopted Resolution No. CDC/2004-10
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approving and authorizing the Executive Director of the Agency to execute a professional services
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agreement (the "2004 Agreement") with Terra Nova to provide planning and environmental
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services within the City of San Bernardino (the "City") and the Agency's redevelopment project
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areas, as it relates to development activities (commercial, industrial and residential) throughout the
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City, per the Scope of Services identified in Attachment "A" to the 2004 Agreement; and
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WHEREAS, pursuant to authorization granted to the Executive Director under the 2004
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Agreement, on May 3, 2005, Amendment No. I to the 2004 Agreement was executed with Terra
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Nova, thereby extending the terms and conditions of the 2004 Agreement for an additional 12
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months through May 3, 2006, with no additional funding; and
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WHEREAS, on August 15,2005, the Commission adopted Resolution No. CDC/2005-28
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approving and authorizing the Executive Director of the Agency to execute Amendment No.2 to
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the 2004 Agreement between the Agency and Terra Nova extending the term of the 2004
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Agreement to May 3, 2007 and increasing the original 2004 Agreement amount from $60,000 to
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$173,000 subject to reimbursement by Hillwood-Culligan; and
WHEREAS, the Agency has a need to continue to retain Terra Nova to provide planning
and environmental services within the City and the Agency's redevelopment project areas, per the
Scope of Services identified in Attachment "A" to the 2004 Agreement; and
WHEREAS, said 2004 Agreement, as amended, will expire May 3, 2007.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS FOLLOWS:
Section 1.
The Commission hereby approves and authorizes the Executive Director of
the Agency to execute Amendment No.3 to the 2004 Agreement with Terra Nova as provided in
the Staff Report, together with such technical and conforming changes as may be recommended
by the Executive Director ofthe Agency and approved by the Agency Counsel.
Section 2.
The Resolution shall become effective immediately upon its adoption.
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RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING
THE EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF
THE CITY OF SAN BERNARDINO TO EXECUTE AMENDMENT NO.3 TO
THE 2004 PROFESSIONAL SERVICES AGREEMENT WITH TERRA
NOVA PLANNING AND RESEARCH, INC.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
6 Development Commission of the City of San Bernardino at a
meeting
7 thereof, held on the day of
8 Commission Members: Aves
9 ESTRADA
10 BAXTER
11 BRINKER
DERRY
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KELLEY
13 JOHNSON
14 MC CAMMACK
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18 The foregoing Resolution is hereby approved this
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Approved as to Form:
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24 By:
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,2007, by the following vote to wit:
Navs
Abstain
Absent
Secretary
day of
,2007.
Patrick 1. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
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Agency C sel
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Amendment No.3
to the
2004 Professional Services Agreement
(Terra Nova Planning and Research, Inc.)
This Amendment No. 3 ("Amendment No.3") to that certain 2004 Professional Services
Agreement, dated May 3, 2004 ("2004 Agreement"), is dated as of April 16,2007, by and between the
Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic (the
"Agency"), and Terra Nova Planning and Research, Inc. ("Terra Nova"), and is entered into in light ofthe
facts as set forth in the following Recitals:
RECITALS
WHEREAS, the Agency and Terra Nova have previously entered into the 2004 Agreement as
referenced above for a term of twelve (12) months from May 3, 2004, as further provided in Section 3 of
the 2004 Agreement; and
WHEREAS, Section 3 of the 2004 Agreement allows for the extension of the terms and conditions
of the 2004 Agreement if both parties mutually agree to said extension prior to the lapse of the original
twelve (12) month period; and
WHEREAS, pursuant to authorization granted to the Executive Director under the 2004
Agreement, on May 3, 2005, Amendment No. 1 to the 2004 Agreement was executed with Terra Nova,
thereby extending the terms and conditions of the 2004 Agreement for an additional 12 months through
May 3, 2006, with no additional funding; and
WHEREAS, on August 15, 2005, the Agency and Terra Nova executed Amendment No.2 to the
2004 Agreement, thereby extending the terms and conditions of the 2004 Agreement for an additional
twelve (12) months through May 3,2007, and increased funding by $113,000 from $60,000 to $173,000
subject to reimbursement by Hillwood-Culligan. The increase in funding was for the anticipated
environmental impact report ("ElR") for the Hillwood-Culligan Project; and
WHEREAS, all other terms and conditions of the 2004 Agreement shall remain in full force and
effect, except to the extent specifically modified by this Amendment No.3.
NOW, THEREFORE, the parties to this Amendment No. 3 to the 2004 Agreement agree as
follows:
Section 1.
Recitals.
The facts and statements contained in the Recitals hereto are true and accurate in all
respects to the best knowledge of the parties as of the date hereof.
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Section 2.
Further Extension of Term of Aereement.
The parties intend by the approval and execution of this Amendment No.3 to extend the
term of the 2004 Agreement, approximately fourteen (14) months, from May 3, 2007
through June 30, 2008 under the same terms and conditions of the 2004 Agreement.
Section 3.
Compensation.
The not to exceed compensation under Section 4 of the 2004 Agreement is hereby
increased from $60,000 to $273,000. The Scope of Services for this Amendment No.3 is
outlined in Attachment "A" to the 2004 Agreement.
Section 4.
Effective Date.
This Amendment No.3 shall take effect and be in full force and effect from and after the
date of approval hereof by the governing body of the Agency and the final execution and
delivery of this Amendment No.3 by both parties to the 2004 Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment No.3 as of the date first
above written.
REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNARDINO
By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
~at-iJi=
Agency Couns
TERRA NOVA PLANNING
AND RESEARCH, INC.
By:
Nicole Sauviat-Criste, Consulting Partner
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Section 2.
Further Extenaion of Term of Al!reement.
The parties intend by the approval and execution of this Amendment No.3 to extend the
term of the 2004 Agreement, approximately fourteen (14) months, from May 3, 2007
through June 30, 2008 under the same terms and conditions of the 2004 Agreement
Section 3.
Comoensation.
The not to exceed compensation under Section 4 of the 2004 Agreement is hereby
increased from $60,000 to $273,000. The Scope of Services for this Amendment No.3 is
outlined in Attachment "A" to the 2004 Agreement.
Section 4.
Effective Date.
This Amendment No. 3 sball take effect and be in full force and effect from and after the
date of approval hereof by the governing body of the Agency and the final execution and
delivery of this Amendment No.3 by both parties to the 2004 Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment No.3 as of the date first
above written.
REDEVELOPMENT AGENCY
OFnmCIITOFSANB~MIDmO
By:
Maggie Pacheco, Executive Director
Approved as to Form and Legal Content:
Agency Counsel
TERRA NOVA PLANNING
AND RESEARCH, mc.
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