1987/02/10 Community Development Agency Resolution (3)RESOLUTION NO. 87-03
A RESOLUTION APPROVING AGREEMENT WITH
SABO & DEITSCH, ATTORNEYS AT LAW
BE IT RESOLVED by the Community Development Agency of the City of
Rohnert Park that that certain agreement as outlined in proposal letter
dated January 13, 1987 between the Community Development Agency of the City
of Rohnert Park and Sabo & Deitsch, a Professional Corporation, be and the
same is hereby approved and the Chairman is authorized and directed to
execute same for and on behalf of Agency.
DULY AND REGULARLY ADOPTED this 10th day of February, 1987.
COMMUNITY DEVELOPMENT AGENCY OF
THE CITY OF ROHNERT PARK
C airman
ATTEST:
retary +
AYES: (5) Cochran, Hollingsworth, Hopkins, Lepinski and Eck
NOES: (0) None
SABO & DEITSCH
A PROFF-SHIONA1, CORPORATIOY
ATTORNEYS AT LAW
SUITE 400
6320 CANOGA AVENUE
WOODLAND HILLS. CALIFORNIA 91367
(9181704-0195
TELECOPIER 18181 704-1729
January 13, 1987
Rohnert Park Redevelopment Agency
c/o Mr. Joseph D. Netter
Assistant to City Manager
6750 Commerce Boulevard
Rohnert Park, California 94928
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 Rohnert Park Redevelopment Agency (the
"Agency"). This Firm proposes to provide 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 subareas to be located within the City of Rohnert Park (the "City").
This Firm will initiate proceedings in connection with the
proposed redevelopment project area to consider the legal and financial
feasibility of including said area within the redevelopment project area
in accordance with the requirements of the Community Redevelopment Law
and to make appropriations to the Agency and the City.
This Firm would undertake to prepare all necessary resolutions,
ordinances and other reports as required for the adoption of a
redevelopment plan for the proposed redevelopment project area. We would
also draft or review, as appropriate, the redevelopment plan, the
preliminary plan, the applicable portions of the redevelopment plan
report which are not considered to be a part of the Administrative
Services and all the transmittal letters and notices to public agencies
and affected property owners ("Special Redevelopment Counsel Services").
Furthermore, this Firm will review the 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 1970, as amended ("CEQA"), will
need to be undertaken by City Staff and/or an independent consultant and
a determination as to the method of proceeding pursuant to CEQA will be
Page 2
made based upon future conversations with City Staff after analyzing the
available documentation presently in existence as to the best course to
proceed in the drafting of the appropriate initial study and, if
warranted, the environmental impact report ("EIR"). It will be necessary
to analyze the existing information previously assembled by the City for
recent environmental projects that would be of assistance in compiling
the necessary documentation for an EIR on the proposed redevelopment plan
adoption project. Circumstances will also warrant that administrative
services be provided in connection with the coordination of other
redevelopment activities, negotiations with property Owners and taxing
agencies, preparation of the survey of conditions report, the formation
of and attending meetings of the Project Area Committee, if necessary,
and assistance with the preparation and/or review, as necessary, of the
EIR (the "Administrative Services"). We will advise the Staff if and
when additional subcontracting—serx!Zt may be necessary for purposes of
completing a thorough and proper environmental assessment and for the
coordination of community involvement and for the preparation of reports
in the redevelopment plan adoption process as warranted by the
circumstances. All such Administrative Services may either be provided
by this Firm in addition to the Special Redevelopment Counsel Services or
by a separate consultant or consultants who may be contracted with
directly by the Agency for such Administrative Services.
After the proceedings for the redevelopment plan adoption have
been commenced, we will advise the Agency as to the necessity for
formation of a Project Area Committee as may be required by Health and
Safety Code Section 33385, et seq., or whether one of the other findings
so as to preclude the necessity for a Project Area Committee may be made
by the City Council and the Agency. We will also advise the Agency and
the City Council with regard to the elements of b�l ght that we deem to be
present within the proposed redevelopment project area and the
applicability of such physical elements to the recent amendments to the
Community Redevelopment Law. Additionally, as part of the Administrative
Services we will either assist the City Staff or an independent
consultant or independently undertake to prepare the necessary survey of
conditions report which lists, on a parcel by parcel basis, the physical
elements which qualify such property for inclusion within a redevelopment
project area and to document such by the appropriate photographic
evidence. An attorney of this Firm will attend all Planning Commission,
Agency and City Council meetings as may be requested by City Staff,
Council Members or the City Attorney with regard to any proceedings,
actions or public hearings to be held or undertaken by the Planning
Commission, the Agency or the City Council.
Members of this Firm will also be available as part of the
Administrative Services to attend meetings and negotiating sessions with
the affected taxing agencies, including the Fiscal Review Committee if
one is so established by the County of Sonoma, and to assist in
negotiations on behalf of the Agency with such taxing agencies with
regard to the use of tax increment revenues attributable to the proposed
Page 3
redevelopment project area. In this connection but as part of the
Special Redevelopment Counsel Services, we will draft or review whatever
agreements that are to be prepared to evidence such negotiations with
said taxing agencies. This Firm will also assist City Staff, Agency
Staff and the City Attorney in negotiating with any property owners or
proposed developers with regard to the implementation of owner
participation rights or the drafting of any owner participation agreement
or disposition and development agreement with regard to any potential
development in the proposed redevelopment project area or to represent
the Agency in any validation action or other litigation filed in
connection with the redevelopment plan adoption or the approval of any
such agreements. Such special counsel services shall be exclusive of any
work which is required in connection with the actual authorization,
issuance and delivery of tax exempt obligations by the Agency to fund
such projects and would not include any such 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 attorneys and $60.00 per hour for law clerks and legal
assistants. In addition, this Firm shall be compensated on monthly
statements for the fees as above set forth under separate billings for
Special Redevelopment Counsel Services and, if the situation warrants,
Administrative Services, plus out-of-pocket expenses for such items as
travel, long-distance telephone calls, messenger service, express
delivery services, telecopying, photocopying, secretarial and clerical
staff overtime and other similar items plus an administrative expense
charge with respect to such out-of-pocket expenses." _I is presently
estimated that the total dollar amount of Special Redevelopment Counsel
Services should not exceed $25,0, 0 assuming that all Administrative
Services are contracted for separately by the Agency with either this
Firm or any other consultant or consultants 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 but 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 connection 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 are satisfactory,
please indicate by appropriate action of your Honorable Agency
authorizing the Chairman and Secretary of the Agency to execute the
acceptance hereof in the form provided herein, and return an executed
copy to this office.
Very truly yours,
SABO & DEITSCH
A PROFESSIONAL CORPORATION
Timothy J
TJS:ds
/2340A
Page 5
Pursuant to official action of the Rohnert Park Redevelopment
Agency, Sabo & Deitsch, a Professional Corporation, is hereby employed in
accordance with the terms and provisions of the foregoing letter.
DATED: February 10 , 1987
ROHNERT PARK REDEVELOPMENT AGENCY
By: G� r... r
Chairman
(SEAL)
ATTEST:
By:
aSr ary
2347A