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CDC - Item 3A - Reinstatement of Eminent Domain Authority Over Non-Residential Properties in Redevelopment Project Area No.1ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION STAFF REPORT TO: THE HONORABLE CHAIRMAN AND COMMISSION MEMBERS FROM: JEFF ALLRED, EXECUTIVE DIRECTOR DATE: JANUARY 26, 2010 SUBJECT: REINSTATEMENT OF EMINENT DOMAIN AUTHORITY OVER NON- RESIDENTIAL PROPERTIES IN REDEVELOPMENT PROJECT AREA NO. 1 SUMMARY The Commission will consider the engagement of a consulting firm, GRC Associates, to initiate the reinstatement of eminent domain authority for non-residential properties in Redevelopment Project Area No. 1. Proposals have been solicited from professional consulting firms to do this work. Based on its low cost bid and previous relevant experience, GRC Associates has been selected to perform the Redevelopment Plan Amendment work on this project. Staff Recommendation Staff recommends that the City Council: 1. Authorize the ~ Executive Director to execute a professional services ` agreement with GRC Associates in the amount of $45,000 for the amendment to the Redevelopment Plan for Project Area No. 1. Establish a contingency of approximately 10% of the contract amount to cover potential unforeseen costs associated with the Redevelopment Plan Amendment. BACKGROUND The Rosemead City Council (the "City Council") adopted the Redevelopment Plan for Redevelopment Project Area No. 1 on June 22, 1972, by Ordinance No. 340. Said Redevelopment Plan has been amended four times: on December 9, 1986, by Ordinance No. 592, to establish the tax increment collection limit and to establish an eminent domain sunset date; on December 20, 1994, by Ordinance No. 752, to comply with provisions of Assembly Bill 1290; on January 22, 2002, by Ordinance No. 822, to eliminate the date restriction on establishing loans, advances and indebtedness; and on March 10, 2009, by Ordinance No. 871, to adopt the merger amendment to the Redeployment Plans for Project Area No. 1 and 2. Project Area No. 1 includes approximately 510 acres and is effective through June 22, 2013. The Rosemead APPROVED FOR CITY COUNCIL AGENDA: ITEM NO. 3 A Community Development Commission January 26, 2010 Page 2 of 3 Community Development Commission ("Commission") no longer has the authority of eminent domain for the purpose of acquiring real or personal property in Project Area No. 1, this expired on December 9, 1998. The City Council adopted the redevelopment plan for Redevelopment Project Area No. 2 on June 27, 2000, by Ordinance No. 809, and then subsequently amended on March 10, 2009, by Ordinance No. 871, to adopt the merger amendment to the Redevelopment Plans for Project Area No. 1 and 2. Project Area No. 2 includes about 205 acres and is effective through June 27, 2030. The CDC still has the authority of eminent domain to acquire real or personal property in Project Area No. 2, this does not expire until June 27, 2012. Once a project Area expires, a Redevelopment Agency is no longer capable of constructing projects within that defined area. On December 8, 2009, the City Council adopted a Strategic Plan which includes a goal to "Beautify community infrastructure and improve public facilities", and Strategy 3: "Reinstate the power of eminent domain for commercial properties in Project Area No. 1". Accordingly, it is now being proposed that the Commission consider amending the Redevelopment Plan for Project Area No. 1. The proposed amendment would be referred to as the Fifth Amendment and includes re-establishing eminent domain over nonresidential uses, and making certain technical corrections, revising and updating the various text provisions within the Redevelopment Plan to conform to the requirements of the California Community Redevelopment Law ("CRL"). Proposals have been solicited from reputable redevelopment consulting firms and responses were submitted from GRC Associates, Keyser Marston Associates, and Urban Futures. Based upon previous relevant experience, thoroughness of the response, and overall price, staff is recommending that GRC Associates be selected to perform the Redevelopment Plan Amendment. ANALYSIS The reinstatement of eminent domain within Project Area No. 1 is being proposed with the limitation that eminent domain authority not be authorized to acquire real property that is occupied as a residence. Eminent domain would be established for a period to coincide with the remaining life of Project Area No. 1 (June 22, 2013). Eminent domain may be needed to assemble small and irregularly shaped commercial and industrial sites to accommodate contemporary users that are consistent with the General Plan, Zoning, and other planning designs and standards. In addition, as part of the eminent domain process, certain technical corrections to Project Area No. 1's Redevelopment Plan would need to be updated and clarified. The proposed Amendment would be incorporated in a new Amended and Restated Redevelopment Plan that would apply to the Existing Project Area No. 1. Community Development Commission January 26, 2010 Page 3 of 3 Proposals were solicited from a variety of firms specializing in redevelopment plan amendment. The City received a response from three firms: GRC Associates, Inc. $ 45,000 Urban Futures Incorporated $ 51,575 Keyser Marston Associates, Inc. $120,000 GRC Associates has provided redevelopment plan adoption, amendment, and merger services to a number of redevelopment agencies in California. They are well known in the redevelopment profession for their overall expertise and attention to detail. Their planning and redevelopment staff has over 30 years of municipal experience in redevelopment law and practice, planning, and public finance. While staffs recommendation is not solely based on price, GRC Associates proposal is $6,575 less than the next lower bidder, Urban Futures, Inc. Based upon a preliminary time schedule, GRC anticipates that the amendment process will take approximately one year to complete. FISCAL ANALYSIS Funds were budgeted in the FY 2009-10 CDC budget to pay for this amendment. PUBLIC NOTICE PROCESS This item has been noticed according to the California Health and Safety Code Section 33490. Prepared by: Michelle G. Ramirez Economic Development Administrator Submitted by: *Y~ k' ~4#~ Stan Wong Community Development Director Attachment A: Project Area No. 1 Map Attachment B: Proposals ATTACHMENT A e9~ zz O z I1J '6 E a oo ° E O Z J Z > a m p Z O U r LU = W oQ Z U W D m - oo d U w F- W i, Qi CL a Cl W J E a p M o m Na U- d ~ o ~ I 0 I 7 0 - - -O - - - _-IONUS c - : z:avnl i -W Z U w I i lr Z . - 1L3uav9 ~u FM-d- 13NNO8no , r _ .~11~ NplanB - _ _ _ _ _ Avflvd. AYr -Wd 3AOa51f1Nri w - Oad'Illnn ; -Davllu~n ~ , _ _ w I w -z 3 Z3lld3 L. a - V1130 ONOdON'dl l so v1730 v11301..~. G w Sn730NV - - - Snl30NV`- ~Snl3`JNV _ 3llolaVH7 B1lOlaVHO" S - KooaW_soa.: ha_-- A J Z - Z SAOVl9 . Z -~SAoy-..o SAON'10 gg Y - - _ Y U w- W p H 13ia9dD NVS < ~ x > ~ r ti ~ uzi Z m Q. {3NId V O. r ` 1avHxo3 18VH>ID3 -lavhlN03 - - - fj .vo .dV31DNlllvd- O d - Nan6l3Yl '~K w- y Nanal3N 10~ o- . N01N30_ - - - 3aOWH1ValS O- w w_ NO1HOWS NO.HJI88 ATTACHMENT B January 18, 2010 Mr. Brian Saeki Director of Community Development ECONOMIC DEVELOPMENT City of Rosemead 8838 E. Valley Boulevard REDEVELOPMENT Rosemead, CA 91770 RE: Redevelopment Plan Amendment Proposal - Reinstating Eminent Domain REAL ESTATE CONSULTING Dear Mr. Saeki: AFFORDABLE HOUSING GRC Associates, Inc. ("GRC") is pleased to submit this proposal to assist the Rosemead Community Development Commission ("CDC") to amend the URBAN PLANNING Redevelopment Plan for Project Area No. 1 ("Redevelopment Plan" or "Project Area"). In 1972, the Rosemead Redevelopment Agency, which later became the CDC, adopted the Redevelopment Plan. Since Health and Safety Code Section 33333.4(a)(3) of Redevelopment Law only allows agencies to exercise eminent domain for up to 12 years, the CDC's authority has expired. Therefore, GRC offers its redevelopment services to reinstate the Agency's eminent domain authority for another 12 years. GRC is very familiar with the City of Rosemead and the CDC's redevelopment efforts. In 2000, GRC assisted the Redevelopment Agency with the adoption of the Redevelopment Plan for Project Area No. 2. In addition, GRC prepared the Five-Year Implementation Plan 2004-2009 for the CDC and is currently preparing the City's 2008-2014 Housing Element. Our experience and qualified staff will provide the CDC with a legally sound, technically accurate and efficiently managed project amendment. Work Program The following work program outlines the manner in which GRC proposes to complete the Redevelopment Plan amendment: 858 OAK PARK ROAD Task 1: Project Management As the first step in the project, GRC will develop a work plan that details the project SUITE 280 schedule. The calendar of events will identify and schedule the milestones. The schedule will include dates and products to be submitted for staff review and for COtMNA, CA 91724 Planning Commission and City Council/CDC agendas. The schedule will correspond to the strict schedule required under the California Environmental Quality Act ("CEQA"). T: (626) 331-6373 As part of GRC's Project Management role, the GRC team will prepare all staff reports and resolutions. F: (626) 331-6375 Mr. Brian Saeki Proposal Redevelopment Plan Amendment January 18, 2010 Page 2 Task 2: Remaining Blight Survey and Documentation A key requirement of the amendment is the determination of remaining blight in the existing Project Area. A blight survey and analysis of the Project Area was conducted in 1972 as part of the Redevelopment Plan adoption process. However, since that time the physical and economic conditions of the area have changed, as well as the criteria for determining physical and economic blight defined under Redevelopment Law. In 2007, SB 1206 significantly redefined both the physical and economic standards for what qualifies as blight. It narrowed the definition of blight and made it more difficult to qualify a property as blighted. In general, physical blight must be evidenced by long-term neglect and show a serious health and safety risk to residents and businesses. Therefore, prior to amending the Redevelopment Plan, GRC will conduct a blight survey to first determine whether there is substantial evidence that: 1) significant blight remains in the Project Area; and 2) this blight cannot be eliminated without the use of eminent domain. If GRC's survey results indicate significant remaining blight, the CDC can then move forward with the plan amendment (Tasks 3 to 9). A systematic parcel-by-parcel blight survey of the existing Project Area shall be performed. The parcel survey information will be recorded on forms developed by GRC. The survey forms record exterior physical conditions for each parcel, with detailed information and photos of those parcels considered as exhibiting one or more blighting conditions as defined in Redevelopment Law. The survey results will be illustrated on GIS maps developed by GRC. In addition to the parcel-by-parcel survey, GRC will contact the City's Code Enforcement and Building and Safety Departments to determine existing code violations that could potentially impact the health and safety of residents or workers. GRC will examine the adequacy of the City's sewer and water system based on sewer and water master plans and discussions with the City's Public Works Department. In addition, GRC will review the 2008 blight survey information that was conducted for the Redevelopment Plan Merger Amendment. Task 3: Plan Amendment Initiation If it is determined that significant remaining blight exists in the Project Area, and the CDC decides to continue with the amendment, a resolution shall be adopted to amend the Redevelopment Plan to reinstate eminent domain. However, the CDC can only extend this time period up to the time limit on plan activities. Additionally, GRC will coordinate with the CDC attorney to review any potential conflict of interest issues. Task 4: Revised Redevelopment Plan The Redevelopment Plan shall be revised to describe the CDC's powers and authorities in carrying out the plan. The revised Redevelopment Plan will be transmitted to the Planning Commission for its report and recommendation and mailed to all affected taxing entities for consultation. GRC will prepare the draft amended redevelopment plan, staff report and resolution. Mr. Brian Saeki Proposal Redevelopment Plan Amendment January 18, 2010 Page 3 Task 5: Environmental Documentation GRC will prepare the environmental documents and notices required by CECW, which will include the Notice of Intent (NOI), Initial Study, Negative Declaration and Notice of Determination (NOD). The Negative Declaration will be filed with the County and submitted to the State Clearinghouse, which will initiate the 30-day public review period. In addition, GRC will submit and receive the Department of Fish and Game's "No Effect" Statement, which will be filed with the NOD. Task 6: Report to Council The Report to Council (Health and Safety Code Section 33352) is the final document to be prepared in the redevelopment amendment process, and is the major element of the public record. The Report will include: ■ Reasons for selecting the Project Area ■ Description of the physical and economic conditions ■ Implementation plan ■ Explanation of why the elimination of blight and redevelopment of the project area cannot reasonably be expected to be accomplished by private enterprise ■ Financing method ■ Relocation method ■ Planning Commission's report and recommendation ■ Planning Commission's report as to conformity with the General Plan ■ Neighborhood impact report ■ Revised Redevelopment Plan ■ Negative Declaration Task 7: Joint Public Hearing GRC will assemble and prepare all needed materials and participate in the Joint Public Hearing. GRC will produce the joint public hearing notices. The notices will be published once a week for three successive weeks and mailed to each resident, business, and property owner in the Project Area at least 30 days prior to the Joint Public Hearing. GRC will prepare the mailing list, and the notices in English, Spanish, Chinese and Vietnamese. Notices will be mailed through the City. In addition, GRC will prepare the final transmittal to the various taxing agencies, prepare all required staff reports and resolutions and attend the first and second reading of the ordinance. GRC will assist the CDC's legal counsel in the preparation of the ordinance. Task 8: Post Joint Public Hearing ("End Game") Within five days after the second reading of the ordinance, GRC will file the NOD and environmental "No Effect" statement with the County. Furthermore, GRC will: send the ordinance to the newspaper for publication; record it with the County recorder; send a copy to the CDC; and transmit the ordinance to affected taxing entities, County Assessor, County Auditor-Controller and the State Board of Equalization. Mr. Brian Saeki Proposal Redevelopment Plan Amendment January 18, 2010 Page 4 Task 9: Public Participation Program As in any redevelopment effort, it is critical that the community understands the process and the need for the amendment. Therefore, the key to the success of this project is an effective community outreach effort. The time devoted to this process will not only shape a plan amendment with public support but also assure that the amendment process avoids or minimizes the contentiousness that often characterizes redevelopment efforts. GRC recommends that the CDC initiate a public participation program that includes two informal meetings or "public workshops" to educate the property owners on redevelopment and the proposed amendment. This effort will help dispel any fears about redevelopment and especially eminent domain. Redevelopment Law also requires the formation of a Project Area Committee ("PAC') if the Agency has the authority to use eminent domain to acquire property on which a substantial number of low- and moderate-income persons reside. To avoid the requirement to form a PAC, specific language can be incorporated into the Redevelopment Plan prohibiting the CDC from exercising eminent domain powers on property on which any persons reside. This proposal assumes that a PAC will not be required for the amendment. GRC will prepare the PAC Determination staff report and resolution. III. Project Team GRC will commit the following staff members for the duration of the project. John Oshimo, Principal-in-Charge and Project Manager, will be responsible for all facets of the project. Robert G. Vasquez and Peter Chou of GRC staff will assist on the project. Mr. Vasquez is fluent in Spanish and will assist in the public participation program and economic analysis. Mr. Chou will assist in the blight survey and prepare all GIS maps. IV. Project Schedule The estimated timeframe from the blight survey to the Joint Public Hearing is eight (8) months: Task Document/Action Month Task 1 Project Management Throughout Process Task 2 Remaining Blight Survey 1-2 Task 3 Plan Amendment Initiation 3 Task 4 Revised Redevelopment Plan 3 Task 5 Environmental Documentation (Neg. Dec.) 4-6 Task 6 Report to Council 7 Task 7 Joint Public Hearing 8 Task 8 Post Joint Public Hearing 8 Task 9 Public Participation Program - 2 workshops 3 and 6 Mr. Brian Saeki Proposal - Redevelopment Plan Amendment January 18, 2010 Page 5 V. Project Cost The proposed cost to amend the Redevelopment Plan is $45,000. The following table presents the estimated cost to complete the proposed project: Task Document/Action Fee Task 1 Project Management 400 Task 2 Feasibility Analysis - Remaining Blight $15,000 Task 3 Plan Amendment Initiation $1,000 Task 4 Revised Redevelopment Plan $2,250 Task 5 Environmental Documentation (Neg. Dec.) $8,000 Task 6 Report to Council $8,000 Task 7 Joint Public Hearing $5,500 Task 8 Post Joint Public Hearing $600 Task 9 Public Participation Program - 2 community meetings $3,500 Indirect Costs* $750 TOTAL NOT TO EXCEED $45,000 " Indirect costs associated with the project include printing and mailing of documents, presentation materials and mileage. These costs will be billed at our cost plus 20%. Does not include mailing of public hearing notices. VI. Fee Schedule The hourly rates for GRC staff are as follows: Principal $160 Principal 1 $140 Senior Associate $100 Assistant $70 Administrative Assistant $55 VII. Recent Experience Barstow Redevelopment Agency (2010) 2009 Amendment to the Barstow Redevelopment Plan for Project Area No. 1 and Project Area No. 2 - Reinstating Eminent Domain Claremont Redevelopment Agency (2009) 2009 Amendment to the Consolidated Redevelopment Project - Extending Eminent Domain Stanton Redevelopment Agency (2004) Amendment No. 3 to the Development Plan for the Stanton Community Development Project - Extending Eminent Domain Mr. Brian Saeki Proposal Redevelopment Plan Amendment January 18, 2010 Page 6 VIII. Insurance GRC Associates, Inc. maintains the following insurance coverage: ■ Comprehensive General Liability Insurance: $1,000,000 each occurrence $2,000,000 aggregate ■ Automotive Insurance: $1,000,000 combined single limit ■ Worker's Compensation Insurance per State law As in the past, we look forward to working with the Rosemead Community Development Commission on this project. Sincerely, John N. Oshimo President September 23, 2009 Mr. Jeff Allred Executive Director Rosemead Community Development Commission 8838 Valley Boulevard Rosemead, CA 91770 SUBJECT: REDEVELOPMENT PLANNING SERVICES Dear Jeff, As a follow-up to your invitation we are pleased to submit this Proposal for your review and ultimate consideration by the Rosemead Development Commission outlining a work scope for preparation and processing of an amendment to the redevelopment plan for the previously amended Rosemead Redevelopment Project Area No. 1. The proposed amendment is directly related to the Commission's property acquisition authority. I would like to point out that the proposed scope of work, related professional services fee and out of pocket costs reflect the currency of the previous merger amendment recently completed by UFI for the Commission. We look forward to the opportunity of working with you, the Rosemead Community Development Commission and its staff on this assignment. Please contact me or other UFI staff to discuss any modifications that you may wish to incorporate into the Proposal prior to transmittal to the Commission. Sincerely, URBAN FUTURES INC. 4e641_,V0- - ;~64 Marshall Linn President 3111 N. Tustin, Suite 230 Orange, CA 92865-1753 • (714) 283-9334 Business - (714) 283-9319 FAX E-Mail: planning@urbanfuturesinc.com September 23, 2009 PROPOSAL FOR REDEVELOPMENT PLANNING SERVICES FOR THE CITY OF ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION ROSEMEAD COMMUNITY DEVELOPMENT COMMISSION Urban Futures, Inc. 3111 North Tustin Street, Suite 230 Orange, CA 92865 (714) 283-9334 • FAX (714) 283-5465 www.urbanfuturesinc.com Proposal for Redevelopment Planning Services Rosemead Communht - Development Commission The Rosemead Community Development Commission (the "CDC") currently administers Redevelopment Plans (the "Plans") for both the Rosemead Redevelopment Project Area No. 1 ("Project Area No. 1" or the "Project Area"; adopted June 22, 1972) and Rosemead Redevelopment Project Area No. 2; adopted June 27, 2000).' Project Area No. 1 and Project Area No. 2 were merged in March 2009, thereby creating the "2009 Merged Project," which totals about 715 acres. The CDC is now proposing to reinstate eminent domain authority relevant to the Project Area No. 1 redevelopment plan for a maximum permissible period of time pursuant to redevelopment plan amendment provisions codified under the CCRL2 (the "Amendment"). 3 A map of the Project Area is included in this proposal as Attachment A. Two important distinctions will influence the timing and complexity of the redevelopment plan amendment process in this case. First, this proposal assumes that the Amendment would not authorize the CDC to acquire property on which any persons reside. Second, because of the first provision, a Project Area Committee (PAC) would not be required to be formed and operated as an aspect of the redevelopment plan amendment process. If formation of a PAC would be involved as an aspect of the amendment process the proposed cost, work scope, and time frame stipulated herein will have to be amended; accordingly, this proposal assumes no PAC involvement.4 This proposal incorporates all requirements now established under SBs 53, 1809 and other more recently adopted bills affecting redevelopment plan amendments of this nature now codified as a part of the CCRL statutes and that became state law as early as January 1, 2007. The tasks identified below will be completed in compliance with all pertinent CCRL provisions; the redevelopment plan amendment process to be used by UFI to complete the Amendment is fully contained under the CCRL.S With regard to the Amendment, CCRL Section 33333.4(g)(2) now requires that the CDC find, based upon substantial evidence, that "significant blight remains within the Project Area," and "that this blight cannot be eliminated without the use of eminent domain." However, this proposal does not include work tasks or professional services fees to conduct field reconnaissance, or related data file construction and analyses. Given the recent completion of the 2009 Merger Amendment, this proposal provides for the use of data files and analyses prepared for the 2009 Merger Amendment, which results in a substantial cost savings to the CDC. However, this approach should be approved by the CDC's special legal counsel prior to contract approval and transmittal of authorization to proceed to UFI. Over the course of Amendment processing UFI will conduct interviews with key Agency/City staff, and review previously completed data base/analyses and advise CDC staff if there is a need to more substantially update or increase some portion of the same; if necessary, a professional services fee and work scope adjustment would be considered at that time. Proposal for Redevelopment Planning Services Rosemead Community Development Commission This proposal provides that UFI will prepare all required documents and reports, resolutions and attendant staff reports, and presentations that would be necessary to complete the Scope of Work. UFI staff will attend public meetings as necessary and appropriate, and as budgeted in this proposals; all Amendment related business can be conducted at a limited number of public meetings. INFORMATION DISSEMINATION AND PUBLIC RELATIONS As discussed below, UFI will assume responsibility for disseminating information to individuals, public groups, or the community at large regarding the Amendment and related activities. We propose the following community information and public relations opportunities: two (2) public workshops; preparation of an information fact sheet to be mailed to all residents, businesses and occupants within the Project Area; and presentations at meetings of the CDC Board, the City Council and the Planning Commission. These meeting opportunities can serve the dual purpose of educating the public about the general benefits of ongoing redevelopment in the community, and to answer questions about the objective of the Amendment. UFI/AGA proposes to complete the following Scope of Work in a professional and timely fashion. Task 1: Prepare and Monitor Project Task and Time Schedule UFI will complete and submit a detailed task and time schedule. The schedule will include all work tasks describe herein with anticipated dates of completion and responsible party. The schedule will be updated and transmitted to receiving parties as required. Task 2: Review and Update Previously Prepared Blight Analyses As may be necessary UFI staff will review and update the blight analysis previously prepared for the 2009 Merger Amendment. This update will not include new field reconnaissance activities or database modification related to the previously conducted field reconnaissance/analyses activities, and will generally be based upon interviews with key City/Agency staff. Task 3: CDC Action to Commence Amendment Process; PAC Determination UFI will prepare a staff report and CDC resolution directing staff and advisors to commence processing the Amendment and to notify taxing entities of the Amendment.' The resolution will direct preparation of documents, including an initial environmental study, in fulfillment of the CEQA requirements, and make required Project Area Committee (PAC) findings. This proposal assumes that a PAC will not be required. 2 Proposal Jor Redevelopment Planning Services Rosemead Community Development Commission Task 4: Review of Potential Conflict of Interest UFI will work with CDC legal counsel to review the potential for elected and appointed officials, and key City/CDC staff, conflict of interest by preparing a mapped summary analysis of property and /or businesses owned by participating elected and appointed officials and key staff, places of employment, and the relationship of those holdings to the Project Area (type, number of and location of real estate/business interest(s), and distance(s) to nearest points of the Project Area). This information will be transmitted to CDC legal counsel and staff for their use in determining potential conflict of interest prior to the City Council and Planning Commission taking first actions. Task 5: Update Previously Prepared Initial Environmental Study, Transmittal of CEQA Notices UFI will review and update the initial environmental study previously prepared for the 2009 Merger Amendment. At the appropriate time UFI will prepare and transmit required CEQA Notices including the Notice of Intent to Adopt a Negative Declarations. Task 6: Prepare Master list of Assesses and Others, and Related Notification Matters UFI will work with a mail house, commissioned by the CDC under separate contract, to identify assessees, residents, and businesses, and to then prepare mailing packets for each recipient; the mail house will execute the general mailing (first class mail to all persons with an interest in the Project Area, as defined) of the notices for the joint public hearing, as required, and of the two community workshops. All transmissions required to go to taxing entities will be performed by UFI staff as certified U.S. postal service transmittals. Task 7: Planning Commission Report on the Effect of the Amendment upon the General Plan Pursuant to CCRL Section 33453, UFI will prepare a Report and Resolution outlining the potential affect by the Amendment upon the City's General Plan for Planning Commission consideration. Task 8: Prepare Notice of Public Hearing for Publication UFI will prepare resolutions and staff report for consideration by the CDC and City Council requesting that they set a date for Public Hearings required by the CCRL. After the date of the Public Hearings have been set, UFI will prepare Public Hearing notices and related attachments for review, comment and approval by CDC staff and legal counsel. UFI will coordinate with CDC staff and the City Clerk regarding the required noticing procedures, including advertising in a newspaper of record, for the Public Hearings. Proposal Jor Redevelopment Planning Services Rosemead Community Development Commission Task 9: Conduct Public Workshops UFI will prepare for and conduct two (2) community redevelopment workshops for interested property owners, residential and business tenants for the purpose of presenting information regarding the Amendment and redevelopment in general. Task 10: Approval of Documents Prepared for Compliance with the California Environmental Quality Act UFI will prepare CDC and City Council Resolutions and staff reports finding that the Amendment will not cause adverse environmental impacts based upon findings contained in the initial study; a "Negative Declaration" will be prepared for the Amendment by UFI. UFI will prepare/include the following in the Amendment's evidentiary record; i) comments from local government agencies9 and other entities that were received during the 20 day Negative Declaration review period; ii) appropriate responses to the comments received, and iii) any required findings. Task 11: Preparation of Amendment Text UFI will prepare draft Plan amendment language incorporating required changes to text and related exhibits, as necessary; these revisions will not necessitate an amended redevelopment plan to replace and supersede the Plan; for the Project. Task 12: Prepare CDC's Report to the City Council Consistent with CCRL requirements UFI will prepare the CDC's Report to the City Council that will include the analyses required by CCRL Section 33333.4(g)(2), and pursuant to CCRL Section 33457.1, the Report required by CCRL Section 33352, to the extent warranted by Amendment actions. Task 13: Preparation of Public Hearing(s) Materials, and Evidentiary Record, and UFI presentation Subsequent to completion of all required documents and procedures, including an Evidentiary Record binder, UFI will make a formal presentation of the Amendment to the CDC and City Council at noticed public hearings. UFI will be responsible for preparing resolutions necessary for the CDC and City Council to execute in order to formally approve and adopt the Amendment, related documents and Negative Declaration. Task 14: Final Filings and Archiving Subsequent to approval of the Amendment, UFI shall prepare and file required documents with the appropriate agencies Task 15: Staff Meetings Key UFI Staff (see Attachment B) will prepare for and participate in two (2) staff meetings as directed by the CDC Staff. 4 Proposal.lnr Redevelopment Planning Services Rosemead Communht , Development Commission UFI will complete the scope of work described above for a fixed professional services fee of $51,575. This fixed fee quote is subject to caveats and special notes that may be included as part of the Scope of Work, and this Cost of Services section. This Proposal includes UFI preparation for and attendance at up to seven (7) meetings at City Hall including workshop and Public Hearings. Not included in our professional fee would be direct expense items such as travel, postage, Federal Express, electronic data file purchases, printing costs, money spent on the CDC's behalf, etc. These items will be billed to the CDC at cost plus ten percent (10%) administrative processing fee. For budgeting purposes UFI would be pleased to assist CDC Staff to further estimate and budget these costs. All costs as specified above would be payable on a monthly basis as incurred. Work tasks not included in this scope of work can be completed by UFI on a time and materials basis based upon the professional services fee schedule included herewith. Professional or other services to be provided by others, including interpretive/ translation service, at the request of City or CDC staff/Boards, CEQA filing fees, etc., are not included as a part of this Proposal. It is recommended that all or most of these costs be paid directly by the CDC. Legal Services are not included as a part of the fixed fee indicated herein. CURRENT HOURLY RATES UFI Managing Principal.. Principal Senior Planner......... Planner Associate Planner.... Assistant Planner..... Planning Technician Word Processing .$225.00 per hour 175.00 per hour 120.00 per hour 90.00 per hour 75.00 per hour 55.00 per hour 45.00 per hour 45.00 per hour PROJECT TIME FRAME UFI proposes to complete the proposed scope of work within about seven (7) months of our receipt of official notice to proceed from the CDC. UFI will not be responsible for delays in the project completion which may be caused by circumstances not under the control of UFI. Proposal for Redevelopment Planning Services Rosemead Community Development Commission This Proposal to Provide Redevelopment Plan Amendment Services for the CDC will remain valid for 60 days from the date of submission. UFI uses the following: i) Microsoft Word and Microsoft Office 2000, XP, and 2007 including PowerPoint presentations, ii) Arc View geographic information system (GIS), and Arc GIS Explorer, iii) Transamerica Intellitech data (Metro Scan), iv) Adobe Acrobat and Photoshop. UFI web site URL: http://www.urbanfuturesinc.com. Postage and Certified Mailings are processed with "e-return Receipt Service," provided by USPS via Pitney Bowes IntelliLink. 6 The Rosemead Redevelopment Agency reconstituted as a community development commission on January 22, 2002. z. CCRL means the California Community Redevelopment Law, as codified under the Health and Safety Code Section 33000 et seq. 3. This Proposal assumes that there are no agreements in place that restrict an amendment to this redevelopment plan. 4 Staff has previously advised UFI that there are no pre-existing PACs participating in CDC activities. 5 Notwithstanding CCRL plan amendment provisions and procedures applicable to this Amendment, in addition, the Amendment will also require compliance with the California Environmental Quality Act. 6 Other than meeting attendance, UFI only requires that CDC staff provide information as requested, and review completed documents as appropriate and necessary to ensure consistency and accuracy with respect to the "local perspective." The "short-form" amendment process does not prescribe noticing taxing entities prior to noticing the required public hearing(s). However, our considerable professional experience suggests that this courtesy notice is invaluable as a public relations tool. 8 Legal counsel should be asked to provide an opinion regarding the appropriate CEQA response. However it has been our experience in similar cases that a Negative Declaration, or in a worst case, a mitigated negative declaration, would be adequate. As such this Proposal assumes and budgets a negative declaration CEQA response, unless an expressed legal opinion or Amendment specifics dictate otherwise. An alternative CEQA response will require a contract amendment. 9 Due to the scope of the proposed Amendment, and its local nature, we do not propose to include the State Department of Planning and Research (State Clearing House) in our CEQA related transmittals for the potential Amendment. ATTACHMENT A MAP OF PROJECT AREA w a. 0 ~a - Z2€ Y W _~y~ai 331 0 c0 ~ N LL Q p0 w y p9``i - - vWO. T ai wa ~ NO CL LL ~ 1' i NdAnlnS_- a3A:a I - _ Z' 1 0 ~ O H~ff w Li 3lJNLLS - =--'I `r V -i-~i- ~ I w ! yy"13.LVeS(1W• 771- 17- r Qy 1 o~'~` ? 11311aV8 ~ jLj III,~~f ~Ii TTI -L311.a ..L.I , j I NIOl@ine V d \ m ~LL_._ 4i w ii~,,Vn7f' I _I ~3AOa`J10N1VM~ - l~ II II~II~_ = _ JIJI --aa z ~11 z w 3.4 iidI3In f11~ N 130N ~;y bl 3N - - IlIN3 LLU.IaYN~ ll F ~~0C3aA3SGLir-~_. z _ ' ~ 'I fl W-1 S ~d» < 7tJ W' IIAI s _ a C~LJ1 .W w`. L a 131a9V~ NtlS = Y ui lu, aU'HN03 ~JZ _ b ~aVHN~3 ~Wlllllllll NI ?a~ l Il / rhino' 1f a - f1873 ' ~ ~ 3H w o~ z . ~ 1 I c NO N30 MITT71 71111111111 a aowN ~ T w. ~Tiol~~~laa - Nohola© _ o • Z W ~ .o d1 _ Z E ~ O Z m m y o V as ~ F- z W W Q LL W ~ r _ Z ~ a ~ o' N$ O V Z W a ~ = B. 0 Q Z W U (6 ~ (j) O o ~ a m = mm EI W a d pU Q o w J E t5 3 ~moLL ~ ~ ~ w Q W Q O N .9 ~ o 1 ATTACHMENT B RESUMES OF KEY UFI STAFF STATEMENT OF QUALIFICATIONS AND EXPERIENCE Formed in 1972, Urban Futures, Inc. (UFI) offers public and private sector clients a wide range of specialized planning, redevelopment, implementation and public financing services. UFI staff is comprised of highly skilled professionals able to handle assignments ranging from site-specific developer negotiations to community wide development strategies, redevelopment plans, entitlement processing, financial advisement, affordable housing programs, and economic development implementation strategies. This firm is the largest financial and redevelopment consulting firm in the State. Redevelopment Plan Adoption, Amendment and Merger Services UFI has provided redevelopment plan adoption, amendment and merger services to well over 150 agencies. Key to those services are the following fundamental skills and qualifications: Knowledge of Redevelopment Law and California Environmental Quality Act (CEQA) UFI has the necessary expertise to prepare a legally defensible Plan in the post-AB 1290 era, including all related components required by the CCRL such as CEQA compliance, which evaluates related environmental impacts; the Preliminary Report, which documents the relevant economic, and physical data existing in the proposed project area and substantiates blighted conditions. UFI works closely with Agency staff and Agency counsel to provide the best documentation that a shared effort can achieve. Citizen Participation UFI has prepared redevelopment plans/amendments involving as few as seven to more than 23,000 privately-owned parcels. We believe a well-planned, public participation program, which includes public information brochures, audio visual and Internet presentations, can effectively educate the community to the advantages of locally-controlled community redevelopment. UFI has developed a comprehensive citizen information program which contains audio-visual and handbook components. The firm has bilingual (English/Spanish) citizen participation program capabilities. We make a major effort to provide information to all segments of the local area regarding the redevelopment process and its benefits. Technical Ability The UFI staff has extensive background in analyzing complex land use planning and environmental and economic issues applicable to the redevelopment process. Our experience in blight and mitigation issues, as they relate to both large and small redevelopment project areas, will be most valuable during the preparation of specific public improvements and economic development projects. Urban Futures is very experienced in the preparation of environmental documents and procedures necessary for successful CEQA compliance. In almost all cases where we have provided plan adoption services, we have provided the Program EIR as an integral portion of the entire program. This allows for optimum use of analytical information and economic resources 3111 N. Tustin, Suite 230 Orange, CA 92865-1753 • (714) 283-9334 Business - (714) 283-9319 FAX E-Mail: planning@urbanfuturesinc.com during the Plan adoption process. to facilitate Plan adoption, CEQA compliance and other planning tasks, UFI has developed comprehensive, computer-aided, geodatabase collection and analysis capabilities that include geographic information (GIS) and MetroScan systems. These systems allow UFI staff to collect and evaluate pertinent statistical and geographic data at various levels of detail, ranging from citywide to a parcel-by-parcel basis. Fiscal Representation While fiscal matters have been significantly altered by AB 1290, the scope of any assignment will still require fiscal consultations with affected taxing entities regarding the potential modification of existing and development of new pass-through agreements. UFI has successfully negotiated with many taxing agencies for various client redevelopment agencies located throughout the State of California. UFI staff can effectively navigate City and Agency staff through plan adoption/amendment hurdles, including legislative amendments which mandate preparation of implementation plans and reformed affordable housing compliance programs and long-term redevelopment plan implementation restrictions. In the post AB-1290 era, it is imperative that the Agency give each of these issues careful analysis, making allowances for implementation processes and procedures in order to successfully avoid both short- and long-term pitfalls while maximizing redevelopment potential. Development, Redevelopment, Economic Development Advisory Services The UFI team prides itself in bringing to each client a unique "turnkey" capability; our firm provides all financial, planning, development processing and redevelopment advisory services necessary to ensure that each project or program is successfully implemented in a timely fashion, including: • Defining client priorities • Grant preparation • Conducting organizational and community facilitation services • Annexation analysis and processing services • Marketing site specific real estate projects to the development community Entitlement processing • Review of complex, attorney-drafted Disposition and Development Agreements (DDA's), Owner Participation Agreements (OPAs), Development Agreements, and drafting of less complex real estate documents such as loan agreements, easement agreements and leases • Preparing organizational, community, economic development, affordable housing, or site specific strategic and implementation plans Development feasibility, pre-development and due diligence services • Providing developer selection services Analyzing complex development pro-formas and cash flows • Preparing cost/benefit analyses • Developer, property owner and Public Agency negotiations • Presentations before planning commissions, city councils, redevelopment agencies and other public forums Financial Advisory Services UFI has provided financial advisory and fiscal consultation services on hundreds of bond financings for public agencies throughout the State of California. Our firm does not underwrite municipal securities, nor do we have any ownership relations with firms that do so. Our firm functions only as an independent financial advisor to local government. UFI, during the past two decades, has provided professional services to over 175 governmental jurisdictions and more than 100 redevelopment agencies. The cumulative value of issues for which we have served as financial advisor now exceeds three billion dollars. PROFESSIONAL STAFF RESUMES MARSHALL F. LINN, President Marshall Linn has more than 38 years of municipal and private consulting experience combined with professorships at both the University of California, Irvine Campus and California State Polytechnic University, Pomona. Over the last 28 years, Mr. Linn has specialized in the preparation and implementation of more than 150 redevelopment plans. As a financial advisor, Mr. Linn has participated in more than 275 bond issues, including 50 single-family and multi-family mortgage revenue bond issues, totaling over three billion dollars in tax exempt securities. He has also served as financial advisor for over 160 tax allocation notes, bonds and Certificates of Participation, lease revenue bonds, sewer and water revenue bonds and other miscellaneous type of transactions. Education: Bachelor of Science Degree, Economics; Master's Degree, Urban Planning, University of Southern California. JON D. HUFFMAN, Managing Principal Jon Huffman has more than 25 years of experience in redevelopment, planning and related professions. Mr. Huffman has expertise in the areas of redevelopment, land use, policy and environmental planning and design, and has an extensive working knowledge of the California Community Redevelopment Law, the California Environmental Quality Act, and California Planning and Zoning Laws. In addition to extensive redevelopment experience Mr. Huffman has directed numerous planning and special studies projects, including Specific Development Plans, General Plan Amendments, CEQA Compliance, housing and Urban Corridor Studies. Mr. Huffman has been with Urban Futures, Inc. since 1987. Education: Bachelor of Architecture Degree, University of Oregon, Eugene; Master of Landscape Architecture Degree, California State Polytechnic University, Pomona, and Certificates in Real Estate Appraisal, California State University, Fullerton. DOUGLAS P. ANDERSON, Managing Principal Douglas Anderson is expert in the areas of tax revenue analysis and bond administration. He is responsible for the administration of single-family and multi-family mortgage revenue bonds, as well as the analysis and development of many types of municipal financing. The single-family mortgage revenue bond portfolio, for which Mr. Anderson is responsible, consists of more than 45 issues, representing over two billion dollars of tax-exempt financing. Mr. Anderson is responsible for the research and analysis necessary to structure tax allocation bond issues, including tax increment revenue projections and analysis of the revenue created by new development. Prior to his work with Urban Futures, Mr. Anderson completed a commercial officer training program with First Interstate Bank of California that included comprehensive training in commercial finance, housing and credit analysis. Mr. Anderson has been with Urban Futures since 1985. Education: Mr. Anderson earned a Bachelor of Science Degree from San Diego State University in Business Administration, with a Finance emphasis. PAUL SCHOWALTER, Principal Paul Schowalter has nearly 18 years of redevelopment experience and he has managed or assisted in the preparation of over 100 redevelopment plan adoptions, amendments, implementation plans, and feasibility studies. Paul has been responsible for all activities related to redevelopment plan preparation, including project management and scheduling; documentation of existing conditions; evaluation of buildings and properties; generation and maintenance of databases, graphics, and maps; the preparation and production of all redevelopment documents; coordination of sub-consultants; and client relations. Paul has personally evaluated hundreds of thousands of properties throughout California for redevelopment purposes. Education: Mr. Schowalter received a Bachelor of Architecture Degree with an Urban Design emphasis from California State Polytechnic University, Pomona. JULIE MYHRA, Planner Ms. Myhra has helped to author and process numerous environmental impact reports, redevelopment feasibility studies, implementation plans and other reports required under the California Community Redevelopment Law, including Preliminary Reports and Reports to Council. Ms. Myhra has also participated in preparing numerous presentations for use in UFI's extensive community education programs. Prior to joining UFI, she was employed for many years as a legal assistant (paralegal) performing legal research and writing pleadings. Education: Ms. Myhra attained a Bachelor of Arts Degree at the University of Michigan, Ann Arbor, with a major in English Literature, and a minor in Business Administration. She also completed post- baccalaureate credits in education. In 1991, Ms. Myhra completed her Certificate of Legal Assistantship, with Honors, at the University of California, Irvine Extension. JUNG SEO, Planner Jung Seo has been responsible for spatial and quantitative analysis for several redevelopment plans and environmental impact reports under the California Community Redevelopment Law and the California Environmental Quality Act. Integrated with ArcGIS applications, Mr. Seo has conducted land use analyses and blight indicators analyses for the Preliminary Reports and Reports to Council prepared by the firm. Additionally, he has provided long-term build-out projections for environmental impact reports. Mr. Seo has also assisted in the financial research and analysis for tax increment projections and tax allocation calculations. Education: Mr. Seo holds a Master of Planning Degree from the University of Southern California, Los Angeles, and a Bachelor of Engineering in Architecture and Urban Planning from the Handong University, South Korea. RYAN BENSLEY, Planner Ryan Bensley has six years of experience in marketing and managing multi-family residential communities in Southern California and has gained valuable hands-on redevelopment and affordable housing experience as a member of the Santa Ana Redevelopment Agency staff. As an urban planning and community development professional, Mr. Bensley has participated in all aspects of redevelopment planning, including CEQA compliance, for redevelopment agencies across California. Education: Mr. Bensley earned a Bachelor of Arts in Geography from California State University, Long Beach. CURRENT AND FORMER CLIENTS URBAN FUTURES, INC. HAS SERVED Adelanto Alameda County Anaheim Anderson Apple Valley Arroyo Grande Artesia Auburn Avalon Azusa Bakersfield Baldwin Park Banning Barstow Bell Gardens Belmont Big Bear Lake Blythe Brawley Brisbane Buena Park Burbank Calexico Calimesa Calipatria Carson Cathedral City Ceres Claremont Coalinga Colton Commerce Compton Corona Costa Mesa Covina Crescent City Cudahy Culver City Delano Desert Hot Springs Diamond Bar Dinuba Downey Duarte El Centro El Monte El Segundo Exeter Farmersville Fillmore Firebaugh Folsom Fort Bragg Fountain Valley Fowler Fresno, City and County of Fullerton Garden Grove Glendale Glendora Gonzales Grand Terrace Greenfield Gridley Grover Beach Half Moon Bay Hanford Hawaiian Gardens Hayward Hesperia Highland Holtville Hughson Huntington Beach Huntington Park Imperial Beach Imperial, City and County of Indio Industry Kings County La Verne Lafayette Laguna Hills Lancaster Lawndale Lemon Grove Lemoore, City and RDA Lindsay, City and RDA Livermore Livingston Loma Linda Lompoc Los Angeles, City and County of Los Banos Mammoth Lakes Manhattan Beach Manteca Manteca Redev. Agency March Joint Powers Auth. (Military Base Reuse) Maywood Mendota Merced Milpitas Modesto Monrovia Montebello, City and RDA Montebello-Oxnard Housing Finance Agency Monterey Park Moorpark, City and RDA Moreno Valley Morgan Hill Murrieta Murrieta Joint Powers Authority Napa National City Needles Nevada Housing Newman Norco Norco Redev. Agency Norwalk Oceanside Ontario Ontario Local Redev. Auth. (Military Base Reuse) Ontario Redev. Agency Orange County Redev. Agency Orange, City and County of Oxnard Palmdale Paramount Parlier Pasadena Pasadena Community Devel. Comm. Perris Phoenix, Arizona Pico Rivera Pismo Beach Pittsburg Pomona Pomona Redev. Agency Port Hueneme-Covina Housing Finance Agency Porterville Rancho Cucamonga Rancho Palos Verdes Redlands Redondo Beach Reedley Rialto Ripon Riverbank Riverside County Riverside County Economic Devel. Agency Riverside, City and County of Rocklin Rosemead Sacramento, City, County, Housing & RDA San Bernardino San Bernardino County San Buenaventura San Buenaventura-Covina Housing Finance Agency San Diego County San Diego County Housing Authority San Diego, City of San Diego, County of San Dimas San Fernando San Francisco San Gabriel San Jacinto San Jose San Juan Capistrano San Leandro San Luis Obispo, City and County of San Marcos San Ramon Santa Ana Santa Clarita Santa Paula Shasta Utility District Simi Valley Solana Beach Sonoma South El Monte South Lake Tahoe Southern California Home Financing Auth. (SCHAFA) Stanislaus County Stanton Stanton Redev. Agency Suisun City Susanville Thousand Oaks Town of Windsor Union City University of La Verne Upland Vacaville Vallejo Ventura Victor Valley Econ. Devel. Auth. (Military Base Reuse) Victorville Vista Walnut Walnut Improvement Agency Wasco West Covina Westminster Westminster RDA Winton Yorba Linda Yucaipa From: Paul Anderson [mailto:panderson@keysermarston.com] Sent: Tuesday, September 15, 2009 8:43 AM To: Brian Saeki Cc: Denise Bickerstaff Subject: [Junk released by Policy action] Cost Estimates Hi Brian, Per your request, we have provided ballpark estimates for amending to extend/reinstate eminent domain and extending the redevelopment plan effectiveness and period to collect tax increment/ repay debt by ten years. To provide you with more precise estimates we would need to know more specifics about the project areas proposed for amendment. Eminent Domain Per CRL Section 33333.2 (a)(4), prior to extending the ability to acquire property by the use of eminent domain, the Agency must make a finding, based on substantial evidence, that significant blight remain and that the blight cannot be eliminated without the use of eminent domain. CRL Section 33456 requires that within 60 days of amending the redevelopment plan to extend eminent domain authority, a statement must be filed with the County Recorder stating the change in the limitation of the use of eminent domain contained within the redevelopment plan and a description of the land within the Project Area. The budget estimate below assumes that eminent domain would be extended over non-residential uses and that the formation of a PAC would not be required. $120,000 10-Year The blight and financial feasibility findings to extend a redevelopment plan by 10 years (also the time to receive tax increment and repay debt) are the most rigorous blight findings for amendments. Besides proving significant remaining blight, the Agency must include in the Report to the City Council a map that identifies areas of the project that are no longer blighted and those non-blighted parcels that are necessary and essential to the elimination of blight. The Agency must also show that the 10-year extension is necessary to implement projects to eliminate remaining blight and that the increment to be received during the additional 10 years is necessary to fund those projects. $150,000 Note: cost estimates do not include environmental review, handling mail (including the joint public hearing mailing), document production or filing fees. Paul Anderson Principal Keyser Marston Associates, Inc. 500 South Grand Ave., Suite 1480 Los Angeles, CA 90071 ph: (213) 622-8095 fx: (213) 622-5204