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HomeMy WebLinkAbout2001-01-09 - AGENDA REPORTS - SCRDA LEGAL SERVICES (2)CITY OF SANTA CLARITA REDEVELOPMENT AGENCY AGENDA REPORT CONSENT CALENDAR DATE: January 9, 2001 City Manager Appro al: Item to be presented by: Ken Pulskam1 SUBJECT: REDEVELOPMENT AGENCY LEGAL SERVICES DEPARTMENT: City Manager Moillm0pk,• • • The Agency authorize the Executive Director/City Manager to enter into a contract, not to exceed $5,000 (account # 1900-8200), with the law firm of Van Blarcom, Leibold, McClendon & Mann to provide legal services for the Santa Clarita Redevelopment Agency, subject to General Council/City Attorney approval. • 1� • On October 26, 1999 the Redevelopment Agency directed the Executive Director/City Manager to terminate redevelopment legal services being provided by the law firm of Brown, Winfield & Canzoneri due to representation conflicts. Moreover, the Board also directed staff to solicit proposals from law firms specializing in redevelopment law in order to provide the City with legal services on an as needed basis. Pursuant to this, a total of eight (8) law firms that specialize in redevelopment law submitted proposals. They are as follows: Best, Best & Krieger; Goldfarb & Lipman; Murphy, McNay & Davis; Oliver, Vose, Sandifer, Murphy & Lee; Richards, Watson & Gershon; Sabo & Green; Stradling, Yocca, Carlson & Rauth; and Van Blarcom, Leibold, McClendon & Mann. Proposals were rated by an internal review committee. Based upon the scores earned by each law firm in relation to the stated criteria presented in the request for qualifications, three firms were selected to proceed in the oral presentation process. Following presentations given by each firm, the internal review committee recommended Van Blarcom, Leibold, McClendon & Mann to provide legal services for the Santa Clarita Redevelopment Agency. The Newhall Redevelopment Committee has also reviewed the recommended law firm's qualifications and supports authorization of a contract for legal services with Van Blarcom, Leibold, McClendon & Mann. PTA����� WS COR Q A Agenda Ite��: 3Agenda�i 1WRiSVItalburaol Funds in the amount of $5,000 have been budgeted in account #1900-8200 (Legal Services) for fiscal year 2000-2001. Thus, the contract with Van Blarcom, Leibold, McClendon, & Mann will not exceed $5,000 for the remainder of fiscal year 2000-2001. As stated in the attached proposal, the firm's hourly rate for an attorney is $160, and $90 for paralegal services. Other actions as determined by the Agency. ATTACHMENTS Proposal submitted by Van Blarcom, Leibold, McClendon, & Mann. ERTH s.mslecondevlagenda item.doc VAN BLARCOM LEIBOLD MCCLENDON & MANN A PROFESSIONAL CORPORATION The Royer Mansion 307 East Chapman Avenue Orange, California 92866 Contact: John G. McClendon Telephone: (714) 639-6700 Facsimile: (714) 639-7212 E-mail: john@CEQA.com STATEMENT OF QUALIFICATIONS PROPOSAL TO PROVIDE LEGAL SERVICES TO THE THE CITY OF SANTA CLARITA August 10, 2000 n INTRODUCTION Van Blarcom, Leibold, McClendon & Mann is pleased to submit this statement of qualifications and proposal to provide legal services to the City of Santa Clarita's Redevelopment Agency. As our proposal shows, our attorneys have extensive experience in representing redevelopment agencies. Our firm specializes in public law, and we provide our clients with a full range of legal services with particular emphasis on municipal and redevelopment law, housing law, CEQA compliance and litigation, land use and real estate development, and public law litigation including eminent domain. We believe that our attomeys' expertise with respect to redevelopment, affordable housing, environmental and land use matters enables us to provide superior representation to clients seeking to encourage and implement redevelopment in their cities through commercial, industrial, manufacturing and residential revitalization and development. To summarize our proposal, we are ready to commit to representing the Agency on redevelopment, housing and CEQA matters as a first priority and at a reasonable cost. Specifically, we offer the Agency the services of two of California's most respected redevelopment practitioners, ( John G. McClendon and Barbara Zeid Le'bold, and propose having John assume primary responsibility for providing legal services to the Agency, with Barbara handling the Agency's housing matters and providing back-up assistance. John is well known as both a redevelopment and environmental law specialist. Between 1990 and 1999, he served as legal counsel to the Ontario Redevelopment Agency (California's tenth largest agency in terms of tax increment), during that time handling such major projects as the Ontario Mills, Ontario Convention Center, Ontario Auto Mall, and Edwards Ontario West. Over the last decade, he has assisted more than 20 redevelopment agencies in negotiating commercial, industrial, residential, and recreational developmentprojects, many ofwhich required innovative and sophisticated structuring as well as environmental sensitivity. Other major projects include: Anaheim Plaza (enclosed mall conversion to power center); Orange Stadium Promenade/Century 25; Jurupa Valley Spectrum/Edwards 14; and South Gate El Paseo/Edwards Mayan 20. Barbara's expertise in affordable housing is recognized statewide. She is an active member of the Housing Task Force of the Community Redevelopment Association and has represented numerous redevelopment agencies and non -profits on housing matters. Both John and Barbara are significantly involved in continuing education seminars and conferences in redevelopment and affordable housing. Last January, John and Barbara spent two days teaching redevelopment to the staff and officials of the City of Long Beach; this October, they will teach "Legal Powers of Redevelopment" at the California Redevelopment Association's program in Marina Del Rey. In shory, we can offer the City of Santa Clarita a team of experienced attorneys skilled in this area of the law, and our extensive use of technological innovations enables us to provide such services to your City at an attractive cost. We are very interested in serving the City and hope to have the opportunity to meet with you to further discuss your needs and our qualifications. QUALIFICATIONS OF THE FIRM Statement of Oualifications and Summary of the Firm's Redevelopment Work Redevelopment Law and Litigation As alumni of one of California's few law firms specializing in the representation of redevelopment agencies, the attorneys of Van Blarcom, Leibold, McClendon & Mann have a remarkable breadth of experience in redevelopment law, and have served more than 30 redevelopment agencies. Over the years, we have provided legal counsel on redevelopment plan adoptions, plan amendments and project area mergers in numerous Southern California cities, including Anaheim, Calexico, Dana Point, Dinuba, Garden Grove, Highland, Lake Elsinore, Lancaster, La Puente, La Quints, Ontario, Orange, Poway, San Bernardino, Simi Valley, West Covina, and Yucaipa. In connection with redevelopment plan implementation activities, we have represented redevelopment agencies in negotiating and preparing Exclusive Negotiating Agreements, property acquisition agreements, Disposition and Development Agreements, Owner Participation Agreements, relocation agreements, cooperation agreements and tax sharing agreements: These agreements have been with a variety of entities, in many cases providing for major commercial, industrial or recreational development and requiring sophisticated structuring. We also have extensive experience in litigating all aspects of redevelopment plan adoption, amendment and implementation. Over the last decade, our attorneys have represented more than a dozen redevelopment agencies in litigation ranging from validation actions and California Environmental Quality Act C CEQA') challenges, to the adoption or amendment of redevelopment plans, tax sharing disputes, to low-income housing compliance and billboard displacement. Environmental Law and Litigation Our firm takes particular pride in its unique expertise in advising cities and their redevelopment agencies on procedural and substantive CEQA compliance. As current and former clients have learned, our attorneys are exceptionally well qualified to provide legal services in this highly specialized and continually evolving area of the law. Our attorneys also have extensive experience in the preparation and review of Environmental Impact Reports, Negative Declarations, project exemptions, and other environmental documents to assure compliance with CEQA and State and local CEQA guidelines. The firm also advises public agencies on complex wetlands, wildlife and habitat mitigation matters arising in the context of CEQA, and other Federal and State environmental statutes. In addition, the firm's attorneys have extensive experience in handling CEQA litigation at both the trial and appellate court levels. In 1993, Mr. Van Blarcom successfully defended the City of Lompoc and real party in interest Wal-Mart in a CEQA lawsuit which resulted in the published decision Lee v. City ofLompoc (12 Cal. App. 4th 1515). In that decision, the appellate court ruled that CEQA does not apply to a city's submittal of a land use proposal to the electorate. Because of the importance of this issue to all cities, the firm's efforts were actively supported by the League of California Cities. In the last six years, Mr. McClendon has successfully argued numerous CEQA cases, including four cases before the California Court of Appeal. -2- List of Similar Projects The following is a list of projects similar in scope to ones proposed by Santa Clarita: -3- C' ONTARIO MILLS—DDA and Carrie Bedord, former Executive (909) 736-2298 EIR (2,000,000 sq. ft. retail + 52 Director movie screens, 1990-1998); Lee Mayfield, former Deputy Director (562) 570-6172 ONTARIO CONVENTION Ontario Redevelopment Agency CENTER (1995-1998); EDWARDS 6" & MOUNTAIN (930 car parking structure + 14 movie screens, 1997) Amendment No. 1 to the Ontario Carne Bedord, former Executive (909) 736-2298 Redevelopment Project No. 2 Director (1994); Amended and Restated Lee Mayfield, former Deputy Director (562) 570-6172 Redevelopment Plan for the Ontario Redevelopment Agency Ontario Redevelopment Project No. 1 (1996) ANAHEIM PLAZA (1992); Lisa Stipkovich, Executive Director (714) 765-4300 Adoption of the Anaheim Brad Hobson, Redevelopment Commercial/Industrial- Director South Anaheim Boulevard Anaheim Redevelopment Agency Redevelopment Project and South Brookhurst Avenue Redevelopment Project (1993); West Anaheim Commercial Corridors Redevelopment Project (plan amendment, EIR, 1998) Liberty Project; Mission Trail; Dick Watenpaugh, Executive Director (909) 674-3124 Auto Mall Lake Elsinore Redevelopment Agency STADIUM PROMENADE Linda Boone, Deputy Executive (714) 288-2588 (entertainment/restaurant + 25 Director movie screens, 1998) Orange Redevelopment Agency JURUPA VALLEY SPECTRUM Brad Hudson, Executive Director (909) 955-6664 (entertainment/retail + 14 movie Riverside County EDA screens, 1998) EL PASEO (entertainment/retail Ruben Lopez, Community (323) 563-9531 7/740 car parking structure + 20 Development Director movie screens, 1997 -present) South Gate Redevelopment Agency -3- Fee Schedule Our fee for providing the legal services discussed in this proposal would be $160.00 per hour for the firm's attorneys and $90.00 per hour for paralegal services. The firm was founded with the mission of providing public agencies with superior legal representation at a reasonable cost. As of the date of this proposal, the firm's policy is that we do not charge our public agency clients for such expenses as automobile mileage costs, long distancephone bills, telecopier charges, small photocopy jobs of less than twenty-five copies, and other minor costs. We propose that this policy apply in connection with our representation of the Agency. We would, however, expect to be compensated for unusual out-of-pocket expenses incurred in representing the Agency. Such expenses include the actual costs incurred by the firm for lodging, costs associated with litigation such as filing fees and expert witness fees, recording fees, photocopying expenses for large copy jobs, and the cost of other special services such as messenger or delivery services. Current Clients and Staffing John McClendon's current public agency clients include the City of Anaheim and Anaheim Redevelopment Agency, the City of Lake Elsinore Redevelopment Agency, and the City of Orange and Orange Redevelopment Agency., John also represents several private developers, including the Southland Companies in Pasadena. Barbara Zeid Leibold's current public agency clients include the Cities and Redevelopment Agencies of Costa Mesa, Lake Elsinore, and Riverside, and the redevelopment agencies of La Mirada, Moorpark, Orange, and Placentia. Barbara also represents several non-profit housing corporations. or Santa Clari All of the firm's attorneys would be available to provide direct legal services to the Agency. However, we propose that John G. McClendon would assume primary responsibility for providing legal services to the Agency, with Barbara Zeid Leibold handling housing matters. If needed, Barbara and Mary Ann Wagner would also provide back-up assistance. In the event of litigation, David H. Mann would be available to provide litigation support. (See attorney resumes below.) -4- SCOPE OF WORK The Community Redevelopment Law confers broad powers on local agencies in order to satisfy community needs and pursue community goals as they relate to residential, industrial and commercial development and the construction and installation of public improvements. These powers include the authority to acquire, clear and sell land to private developers for redevelopment purposes, to pay all or part of the value of public buildings and other improvements, to provide housing subsidies to persons and families of lower and moderate income, and to exercise the power of eminent domain in connection with the acquisition of property for redevelopment purposes. We believe that the most appropriate way to understand the exercise of the powers of a redevelopment agency is to view redevelopment as a two-part process. The first part of the process entails the processing and adoption of a redevelopment plan for a project area as the City of Santa Clarita did in the Newhall community. The second part of the process involves the, implementation of the adopted redevelopment, plan. During this part, or implementation phase, of the process, an agency will typically undertake additional studies to solicit and review proposals to develop property within the project area in accordance with the intent and purpose of the adopted redevelopment plan. - Our services in connection with this implementation phase of the redevelopment process would include providing advice and consultation to the Agency's Board of Directors and Agency staff as well as Agency consultants; meeting and conferring with property owners and developers as requested by Agency staff, providing advice with respect to relocation, property appraisal andproperty acquisition matters; drafting and/or reviewing disposition and development agreements or owner participation agreements; and representing the Agency in connection with condemnation proceeding or other litigation matters, as requested. In connection with the implementation of the redevelopment plan, the Agency's staff and/or consultants commonly take an active role in soliciting proposals for development and assisting the agency in reviewing the feasibility of proposals, the qualifications of proposed developers, and the preparation ofa cost/revenue analysis with respect to proposedprojects. Our role as Agency Counsel in connection with these activities would be to prepare and review negotiating agreements and disposition and development agreements, advise the Agency as to its legal authority to participate in private development projects, review the necessary CEQA documentation and the summary of a `proposed sale of property acquired with tax increment pursuant to Health and Safety Code Section 33433, and to prepare the appropriate Agency and City Council resolutions approving the proposed project and making the required environmental findings. We feel it is essential for Agency Counsel to attend all public hearings,in connection with the approval of agreements calling for the acquisition and sale of property for private development. Agency Counsel should also attend critical negotiating sessions with private developers. We believe that our experience in reprbsenting-private.developers�ives us an intimate perspective to the concerns of these individuals can wfikl be effectively applied in connection with negotiating redevelopment agreements on the Agency's behalf. -5- PERSONNEL JOAN G. MCCLENDON Legal Training/Employment History J.D., University of Southern California Law Center, 1989 B.A. cum laude, University of California, Irvine, 1986 M.Div. Program, Fuller Theological Seminary, 1976-77 B.A., Westmont College, 1976 Admitted to practice: All Courts of the State of California, 1989; U.S. Court of Appeals for the Ninth Circuit, 1989; U.S. District Court for the Central District of California, 1989 Employment History: Stradling, Yocca, Carlson & Rauth (1990-1994); Van Blarcom, Leibold, McClendon & Mann, P.C. (1994 -present) Public Agency Representation Assistant City Attorney, City of Lake Elsinore (1997 -present) Deputy City Attorney, City of La Quinta (1990-94) Deputy City Attorney, City of Lancaster (1990-91) Deputy City Attorney (interim), City of Norco (1990-91) Assistant City Attorney (interim), City of San Juan Capistrano (1991-92) Counsel to the City of Lake Elsinore Redevelopment Agency (1997 -present). Special Legal Counsel to the Cities of Anaheim and Orange (1995 -present). Special Legal Counsel to the Redevelopment Agencies of the Cities of Anaheim (1990 - present), Dana Point (1991), La Puente (1990-91), La Quinta (1990-94), Ontario (1990- 1999), Orange (1996 -present), Pasadena (1990-91), San Juan Capistrano (1991-94), Victorville (1990-91), West Covina (1992-94), and Yucaipa (1992-93). Mr. McClendon specializes in redevelopment law. He has been responsible for overseeing numerous plan adoptions, plan amendments and project area mergers, including a remarkable seven in 1993. In 1993, he also served on the Legal Affairs Committee of the California Redevelopment Association and was extensively involved in efforts to include language in the major redevelopment reform legislation of this decade (Assembly Bill 1290) to protect the ability of redevelopment agencies to effectively carry out their activities. Between 1990 and 1999, John was principally responsible for providing legal counsel to the Ontario Redevelopment Agency. He presently serves as general counsel to the Redevelopment Agency of the City of Lake Elsinore Redevelopment Agency and special counsel to the Anaheim Redevelopment Agency and the Orange Redevelopment Agency and also represents the Cities of Anaheim and Orange on CEQA and environmental matters. Mr. McClendon also specializes in CEQA and environmental law. He has extensive experience in advising and assisting redevelopment agencies, cities, and special districts in the preparation of legally defensible CEQA documents and findings, as well as in representing such agencies when they face threatened or actual CEQA litigation. He is an active member of the California Redevelopment Association's Brownfields and Environmental Committee, a regular participant at the State BarEnvironmental Law Section's annual environmental institute at Yosemite, and has presented continuing education courses on CEQA to other attorneys. In BARBARA ZEID LEIBOLD Legal Training/Employment History Education History: J.D., University of California, Hastings College of the Law, 1987 M.A. in City Planning, University of California, Berkeley, 1987 B.A. magna cum laude, University of California, Santa Barbara, 1983 Admitted to practice: All Courts of the State of California, 1987 Employment History: Stradling, Yocca, Carlson & Rauth (1987-1996); Van Blarcom, Leibold, McClendon & Mann, P.C. (1996 -present) Public Agency Representation Ms. Leibold has extensive experience in the areas of municipal, land use, housing and redevelopment law. She is currently the City Attorney/Redevelopment Agency Counsel for the City of Lake Elsinore and its Redevelopment Agency. She served as City Attorney to the City of Norco on an interim basis (May 1990 - April 1991), Assistant City Attomey/Agency Counsel to the City of Lancaster and the Lancaster Redevelopment Agency (January 1988 - January 1996), and Assistant City Attorney to the City of San Juan Capistrano on an interim basis (May 1991- March 1992). Over the years, Ms. Leibold has provided legal counsel to over 25 California cities and redevelopment agencies. She presently provides special counsel services to the Cities and/or Redevelopment Agencies of Costa Mesa, La Mirada, Moorpark, Orange, Placentia, and Riverside. MARY ANNE WAGNER Legal Training/Employment History Education History: J.D., University of California, Hastings College of the Law, 1993 B.A. Public Administration, San Diego State University, 1988 Admitted to practice: All Courts of the State of California, 1993 Employment History: Stradling, Yocca, Carlson & Rauth (1993-1998); Van Blarcom, Leibold, McClendon & Mann, P.C. (1998 -present) Public Agency Representation Mary has specialized in the representation of public entities since she began practicing law with a particular emphasis in redevelopment law. Mary has also served as the Assistant City Attorney for the City of Lancaster, Deputy City Attorney for the City of La Quinta, and has represented a number of redevelopment agencies. Since the adoption of AB 1290, Mary Anne Wagner has provided legal services in connection with all aspects of plan adoptions and plan amendments. She had also been directly involved in litigation involving plan adoption and CEQA issues. Mary has represented redevelopment agencies in connection with negotiating and drafting Disposition and Development Agreements, Owner Participation Agreements, Leases and Option Agreements. In addition, Mary has been a speaker at the California Redevelopment Association Institute on various aspects of Disposition and Development Agreements and CEQA. -7- DAVID H. MANN Legal Training/Employment history Education History: J.D., University of California, Hastings College of the Law, 1988 B.S. California State University, Sacramento, 1983 Other Credentials: Certified Public Accountant Admitted to practice: All Courts of the State of California, 1988; United States District Court for the Southern and Central Districts of California Employment History. City of San Diego, City Attorney's Office (1988-1989) Stradling, Yocca, Carlson & Rauth (1989-1998); Van Blarcom, Leibold, McClendon & Mann, P.C. (1998 -present) Public Agency Representation Mr. Mann specializes in representing cities, redevelopment agencies and special districts in litigation matters. He has served as a Deputy City Attorney to several cities, including the Cities of Lake Elsinore (1998 -present), La Quints, (1989-94), Lancaster (1989-97), and San Diego (1988-89). He has represented several redevelopment agencies in litigation involving challenges to.plan amendments, enforcing provisions of QPAs and DDAs, and housing fund expenditures. Mr. Mann has prepared amicus briefs on behalf of the League of California Cites and the California Association of Bond Lawyers. He has several published appellate court opinions and written articles for the Los Angeles Journal and the Public Law Journal concerning municipal self-insurance, legislative privilege and post - Proposition 13 finance issues. OFFER TO PROVIDE SPECIAL LEGAL SERVICES Recognizing the fiscal restraints increasingly impacting governmental entities, VanBlarcom, Leibold, McClendon & Mann was formed with one objective in mind: to provide public agencies with superior legal services at competitive rates. To further this objective, our firm has been at the cutting edge in creatively utilizing cost-effective technology and electronic resources only recently available to the legal community. The foregoing proposal is our firm offer to provide special counsel services to the City of Santa Clarita's Redevelopment Agency at the rates set forth above. This offer shall be in effect for a period of sixty (60) days following August 10, 2000. John G. McClendon is authorized to sign this proposal binding the firm hereto. VAN BLARCOM, LEIBOLD, McCLENDON & MANN, P.C. R.WWW114,1®rai mn1.. . . 1n