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Home My WebLink AboutPCDC Resolution 1987-02 03/09/1987 RESOLUTION # 87_2 - PETALUMA COMMUNITY DEVELOPMENT COMMISSION RESOLUTION AUTHORIZING EXECUTIVE DIRECTOR TO EXECUTE AGREEMENT WITH SABO AND DEITSCH BE IT RESOLVED, the Petaluma Community Development Commisiion does resolve as follows: That the Executive Director is authorized to sign agreement with Sabo and Deitsch for the purpose of formation of the North Petaluma Redevelopment Project Area per the proposals attached hereto. PASSED AND ADOPTED at a regular meeting of the Petaluma Community Development Commission held on March 9, 1987, by the following vote: Commissioner Aye No Absent Davis X Sobel X Woolsey X Cavanagh X Balshaw X Vice Chair Tencer X Chairman Hilligoss • ` ' 'v.~" - M. Patricia Hilligoss, Chai man ATTEST : P.E. Bernard, Recording Secretary reso.pcdc.redevelopment -~,pd'15~ 87-:2 . - ~c^~a cgaP ~ ?ii 4 :i~}1:5~:~~56 R ~ABO ~ DEITSCH ,~c1~,, i~~~7 A i'K04+'FtiR1U~4A4. CONB(hl'A'1'lON ATTOKNF.YS AT' i,AW R~~~~'~,~.~; ~SUITI~: 400 Ad L.~ 6320 CANOGA AVENUE WOODLAND FI%LY.S. CALIN`OKN%A 91afi7 (8181 704-0195 TE%EGOF%F,K 18181 704-4729 t. January 13, 198.7 ' Petaluma Redevelopment .Agency c/o Mr. John L. Scharer . City Manager 11 English Street Petaluma, California 94952'-2610 Dear Agency Members: This Firm. is pleased to submit this proposal for your consideration in connection with the providing of Special Redevelopment Counsel Services to the Petaluma Redevelopment< Agency (the "Agency"). This Firm proposes to prow"id'e Special Redevelopment Counsel Services in connection with the consideration of the adoption of a new redevelopment plan for a proposed redevelopment project area of one or more suba-reas to be located within the Ciry'of Petaluma (the "City"). ' This Firm. will initiate pro"ceedngs in connection with the. proposedredevelopment project area to consider the legal and financial feasibility of including said area within the redevelopment project area in accordance with the requirements o`f the Community Redevelopment Law and to make appropriations Eo the Agency and 'the City. This Firm would undertake, to prepare all necessary resolutions, ordinances and..othei• repot s as required for the adoption of a redevelopment p an for the propos;ed redevelopment project area. We would also draft or review, as appropriate, the redevelopment plan, the grelimina;ry~ plan," the applicable portions of the redevelopment plan .report whc:l are no't considered to lie a part of the Administrative Services anfi all t'h"e transmittal Teeters and noaices to public agencies and affected propfrty owners ("Special Rede~elo:pmenE Counsel Services"). Furthermore, this Firm will review Ghe organizational documents of the Agency and make recommendations as to State required filings and as to necessary amendments to such organizational documents such as the Agency " By-laws. Additionally, an environmental assessment pursuant to the California, Environmental Quality Act `of 19`70, as .amended ( CEQA will need to be undertaken by, City Staff and/or an independent consultant and a determination as to the me hod of proceeding pursuant to CEQA will be Page 2 made. based upon future conversations -with, City Staff. after analyzing the available documen`Ea'tion pr-es'en'tly 'iii existence. a's ,to the besa cour-se to ` proceed' in, the' draft=ng of the appropriate int-al study and;, if warranted, th'e en~roninental impact .report ("ETR"). It will be necessary to analyze the; existing, irnforma,tion previously ~,assemb; ed by the: City for recent environmental projee'ts that would be o'f as's'istance .i=n~ :compiling. the necessary documentation for an,EIR on €he: proposed red'evel,opment plan adoption pro_jec`t'. Circumstances will a'l'so warrant tha°t admin~istra,t,ve services 6,e provided. in conne,eto,n w.'~l-fi the' coo rdinaEon gf other redevelopmenE activities, ,negoaia~tions with pro<perty owners. .and taxing agencies, ;pre;par.ation of the survey of conditions . report, the 'forma^tion of and at tend•n.g' meetnga of the Project Area Commit ee, if .neces'sary, and assistance with the preparation andlbr revie.w,, ~ as tiecess'ary, of the' EIR (th`e '•'Administra;tve Services?"). We -will ad.uis'e the. Staff- if acid " when additional subcontracaing serv,iees may' be necessary f;o~r purposes of completing a thorough and proper `envi,ronmemt`al a•sse smen±t and .for the coordination o€ community involve"men''t and four the preparation of reports in the redeve,lopmenfi plan adopa'ion process as. warran'aed by the circumstances. AT1 such Administrative .Services may :either' be provided by 'this Firm in addition to .t'he Sipeca-1 Redeue-lopme,nt,Counsel Services or by a separate coin ult'ant osr consul;tan;ts who may be contracted' wi h directly by th'e Ageiic.y for s.iich Ad'ministratrve: Services. Af ter the pro.ceedng& Eor the redevelopment plan adoption 'have been. commenced, we will advise ~ the 'Agency as to the nece'ss'i-t:y for formation of a P'rojeet Area' Committee a_5 ,may be "req,uired; by Heal h and . Safety Code Section 33385, e_it: sue.., `or w.heaher one .of the o,thex findings so .as to' preclude ,the neces^sity f°or• a Pr'o.j`ect Area Committee may be made: by the Ci.t.y~Council and the.Ageney. We will also advise t'he Agency and the City Council with regard to the` elements of blight that wee deem to bei present wit-hin: the. pxop.osed redevelopment project area and the app .icablity of such physical e:Lements ao 'the recent amendments to the Community 'Red'evelopment Law. Ad`diti;ovally, as:~ part. o'f' the: Admnisaratve. Services we will either assist the C:i;ty Staff or an independent consultant o'r independently`'unde_r,E'ake to prepare the :n'ecessary' survey of condit'i,ons report. which, lists, on a pa"reel by pa'-reel; basis-, the physical el,emernts which. qualify such proper-ty f.oz~ inc`lusgn wiEhin a redevelopment project :a're'a and to documen such `by the appropriate ,phoEographic evidence. An attorney of this Firm wi°11 attend. all Planning; Commission, . _ = , Agency- and .City Council meetings, as may `'b e, requested by City Staff, Council Members :or the City Attorney w~ h :regard 'tp any proceedings, actions; or pub 1,-.c hear:irigs Eo be held -or undertaken, by the;'Plannng Commission, the Agency or the Dity Council,,. ' Members of this. .Firm will ahso be, available as "part of the Admnsa•rati~e $ervees to 'attend, mee,t'ings and' negotiating sessions: wiah the affected taxing agencies.,. .includ:"ng the. F-fiscal .Review Commta:ee if one ins so established by the County o:f Sonoma,:, and t:o ass~is't in negotiations on behalf: of the Agency with such °taxng' agencies w-t'h regard to the use of tax increment revenues.'at:trbutab e fo~the proposed Page 3 • redevelopment project area,. In this _connection but as part of_ the Special.. Redevelopment Counse:T Services, we w'i11 draft or review whatever agreements that are to be•prepared to evidence such negotiations with said taxing agencies,., This Firm will aaso assist City Staff,, Agency Staff and the City 9~t"torney in negotiating with any property owners or proposed developers with regard to the: implementation of owner participation rights, o;r'th,e•drafting of any owner participation agreement or disposition .and development agreement w,itli regard' to any potential development in the proposed redevelopment project area or to represent the Agency in any validation action or o'^t:her Litigation. filed i.n connection with the redevelopment plan. ado:p'tion or the approval of any such agreements Such s.peeial counsel services shall be exclusive of any work which is' required' in connection with• the actual authorization, issuance and deSvery of tax, exempt obligations by the Agency to fund. such projects and. would not include any uch. bond. counsel services which this Firm would be available to provide pursuant to our standard bond counsel fee schedules. - For the Special Redevelopment Counsel Services. as set forth above, the fees for legal services of this Firm shall be based on the hourly rate of $•135.00 per hour For principal attorneys, $100.00 per hour for associate a'ttorneys` and $60..00 per hour for law clerks and legal assistants. In addition;, this Firm shall be compensated o» monthly .statements fo-r the fees a's above set forth under separate billings for .Special Redevelopment Counsel Services and., if the situation warrants,. Administrative Services, plus out-of-pocket expenses fox such items as travel, long-dis'tanee tel,e-phone calls, messenger service, express delivery services, tele'eopying, pho ocopyng;, secretarial and clerical staff overtime and other similar items plus an administrative expense charge with respect. to such out-of-pocket expenses. It is presently . estimated that the total dollar amount of Special 1edevelopment Counsel Services should no't exceed $25,00 assuming that all Administrative .Services are contracted. for a e y 'by the .Agency. with either this Farm or any other consultant or consu<ltants and that any other special, counsel: services not specifically contemplated herein would be in addition' to any of the above. services for both Special. Redevelopment Counsel. Services. and Administrative Services but only on. an as needed basis. Special counsel services to the Agency would not include any items related directly. to the adoption of a redevelopment plan as anticipated' b.ut would be applicable to any litigation; negotiations and drafting of owner participation agreements or other development agreements. The above set forth fee schedule does not include any bond counsel fees in connect-ion with the issuance of any bonds, notes or other forms of indebtedness by the Agency in furtherance of redevelopment activities. Page 4 ' If the terms of this employment. agreement ar-e satsfac~:ory, please indicate by appro,pr-iat;e. 'action of your Honor-ab'le Agency authorizing the, Chairman and. Secreaary of: the Agency to execute. the accepaance hereof; in the ;form. ,pro.vd'ed heareiri, and' re4Gurn an executed copy to this. ;of-f.ce. ' Very truly yours;; SABO DE=ITSCH A PR'O'FESSIONAL CORPORATION • _ i - Timot'hy~ J _ 'Sao ~~~'%'S~ 'LJS:ds /2340A ' Page 5 _ Pursuant to official action of: the Petaluma Redevelopment Agency, Sabo & Deitsch, a Professional Corporation, is hereby employed in accordance with the terms and provision's of the foregoing letter. DATED: , 1987 PETALUMA`REDEVE PMENT AGENCY _ _ ~ e Chairman u.~ _ - ~ ' (SEAL) _ ^ l` _ _ ~ n ATTEST: - - By: Secret°ary ' 2346A