HomeMy Public PortalAbout02-21-2006LRAQLYNWOOD
1330 BMLLIS ROAD
Letlcla Vasquez, CHAIR
Reverend Alfredd~e Johnson, Jr, VICE CHAIRMAN
Lou~s Byrd, MEMBER
Fernando Pedroza, MEMBER
Mana T Santfllan, MEMBER
REDEVELOPMENT AGENCY
LYNWOOD, CALIFORNIA 90262-3845 (310) 603-0220
This Agenda contains a brief general descnpbon of each Rem to be considered Cop/es of the Staff
reports or other written documentabon relabng to each item of bus/ness referred to on the Agenda are on
hie /n the Office of the City Clerk and are avatlable for pubflc ~nspecbon A person who has a question
concermng any of the agenda Rems may call the City Manager at (310) 603-0220, e×t 200
AGENDA <
LYNWOOD REDEVELOPMENT AGENCY
FEBRUARY 21 , 2006
REGULAR MEETING
5:00 P.M.
CITY OF LY?'IP?,O
LYNWOOD CITY HALL, 11330 BULLIS ROAD
LETIClA VASQUEZ
CHAIR
REV. ALFREDDIE JOHNSON, JR
VICE CHAIRMAN
LOUIS BYRD
MEMBER
FERNANDO PEDROZA
MEMBER
MARIA T. SANTILLAN
MEMBER
EXECUTIVE DIRECTOR
N. ENRIQUE MARTINEZ
INTERIM DEPUTY EXECUTIVE DIRECTOR
KIRK PELSER
AGENCY COUNSEL
RONALD N. WILSON
OPENING CEREMONIES:
A
B
C
Call Meeting to Order
Roll Call (BYRD-JOHNSON-PEDROZA-SANTILLAN-VASQUEZ)
Certification of Agenda Posbng by Secretary
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
PUBLIC ORAL COMMUNICATIONS
ITEMS FOR CONSIDERATION
MINUTES OF PREVIOUS MEETING
Regular Meebng of January 17, 2006
Special Meeting of January 23, 2006
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF
LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS
AND WARRANTS THEREFOR
CONSENT CALENDAE
All matters hsted under the Consent Calendar wdl be acted upon by one mobon
affirming the action recommended on the agenda There wdl be no separate d~scuss~on
on these ~tems prior to voting unless members of the Agency or staff request specific
~tems be removed from the consent Calendar for separate acbon
3
RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A
MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR
THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-
EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES
Comments
The purpose of this item ~s to seek the LRA Board of D~rectors' approval of the
modified contractual agreement w~th the legal firm of Ronald Wdson and
Associates The modified agreement sets a monthly expense cap of $30,000
(excluding out-of-pocket expenses), for all legal services except ht~gabon. The
cap was approved by the Board of Directors at the February 7, 2006 meeting,
and the Execubve D~rector was requested to enter ~nto the contractual agreement
with Ronald Wdson and Associates The attached contract specifies the scope
of work, ~ncludes the performance bmehne and sets the monthly spending hm~t
Recommendation
Staff recommends that the LRA Board of Dtrectors adopt the resolution tJtled,
"RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A
MODIFIED CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR
THE AGENCY COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-
EXCEED $30,000 EXCLUDING OUT-OF-POCKET EXPENSES"
4 REDEVELOPMENT OFFICE IMPROVEMENTS
Comments.
To have the Agency rewew and approve an RFP for the reconflgurabon of the
Redevelopment Department (Department) for the purpose of creating a more
p_m~ess~o__n_a! enwronment for both staff and confldenbal docu~rn_e_n_t_s_a~nd
estabhsh a mor(~--~c~e~orkpl-~e fl~{~-s Stdl Con(~(~/-e to assist the pubhc
Recommendation:
Staff requests that after rewew and consideration, the Agency d~rects staff take
the following acbons
1. Release a RFP for professional services related to the off~ce
~mprovements to the Redevelopment Department;
2. Pubhcly advertise such RFP ~n a local newspaper and over the World
W~de Web (Internet),
3. Form a panel for the purpose of rabng a m~mmum of three candidates
and selection of the most quahfled and affordable consultant based on
the submitted proposal and oral performance, and
4 Bnng results back to Agency
5
7
DISCUSSION ITEMS
REDEVELOPMENT PROJECT UPDATE
Comments
The purpose of th~s ~tem ~s to report to the Agency Board a status update of the
Redevelopment projects.
Recommendabon
Staff recommends that the Agency Members receive and file the attached report
which prowdes an update on the current redevelopment Projects
EVALUATION OF PROPOSALS FOR DEVELOPMENT OF COMMERCIAL/
MIXED-USE PROJECTS ALONG LONG BEACH BOULEVARD BE'FVVEEN MLK
AND IMPERIAL HIGHWAY
Comments'
The purpose of the ~tem ~s to allow the Agency to review and comment on the
project concepts submitted by two developers and to g~ve d~rect~on to staff to
commence negobat~ons of an exclusive negobat~on agreement (ENA) w~th one of
the two developers
Recommendation'
Staff recommends that the Agency consider the ~nformat~on m th~s report and
d~rect staff to commence negobabons of an exclusive negobat~on agreement
(ENA) w~th one of the following two developers:
· The Charles Company
· The Umversal/Kermam Team
CLOSED SESSION
WITH RESPECT TO EVERY ITEM OF BUSINESS TO BE DISCUSSED IN
CLOSED SESSION PURSUANT TO SECTION 54956 9
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Number of Cases One (1) Case
Name of Case Amencan Remedial Technologies
ADJOURNMENT
THE NEXT REGULAR MEETING WILL BE HELD ON MARCH 7, 2006 AT 5 00 P M IN
THE COUNCIL CHAMBERS OF CITY HALL, 11330 BULLIS ROAD, LYNWOOD,
CALIFORNIA
AGENDA STAFF REPORT
DATE February 21,2006
TO Lynwood Redevelopment Agency Chairman & Members
APPROVED BY N Ennque Marbnez, Execubve D~rector
PREPARED BY Andrea L Hooper, C~ty Cler~
Albert Esp~noza, Deputy C~ty~Clerk
SUBJECT Lynwood Redevelopment Agency M~nutes
Recommendation: Staff recommends the Lynwood Redevelopment Agency
adopt the following Minutes
· Regular Meeting, January 17, 2006
· Special Meebng, January 23, 2006
Background. N/A
Fiscal Impact N/A
Coordinated With N/A
AGENDA ITEM
LYNWOOD REDEVELOPMENT AGENCY
REGULAR MEETING
JANUARY 17, 2006
The Lynwood Redevelopment Agency of the Cdy of Lynwood met m a regular meeting
m the Councd Chambers, 11330 Bulhs Road on the above date at 6 05 p m
Chairman Vasquez presiding
Members Byrd, Johnson, Pedroza, Sanhllan, and Vasquez were present
Also present were Execuhve D~rector Marbnez, C~ty Attorney Beltran, Secretary Hooper,
and Treasurer Pygatt
Secretary Hooper announced that the Agenda had been posted ~n accordance w~th the
Brown Act
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
irene Garc~a commented on ~tem #2 - WARRANT REGISTER, warrant #6944 Ms
Garcla believes the Labno Chamber of Commerce has faded to attract other ethmc
groups
PUBLIC ORAL COMMUNICATIONS
NONE
ITEMS FOR CONSIDERATION
It was moved by Member Byrd, seconded by Member Sanbllan, to adopt the M~nutes
Item #1 MINUTES OF PREVIOUS MEETING
Regular Meebng of December 20, 2005
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT
MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ
NONE
NONE
NONE
Item #2
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF
LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE
DEMANDS AND WARRANTS THEREFORE
After d~scuss~on, ~t was moved by Member Byrd, seconded by Member Pedroza, adopt
the Resolubon
RESOLUTION NO. 2006.003 ENTITLED:
RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD
CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS
THEREFORE
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT
MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, AND VASQUEZ
NONE
NONE
NONE
CONSENT CALENDAR
All matters listed under the Consent Calendar w~ll be acted upon by one motion
affirming the acbon recommended on the agenda There w~ll be no separate d~scuss~on
on these ~tems prior to vobng unless members of the Agency or staff request specific
items be removed from the consent Calendar for separate acbon
Item #3
UNAPPROPRIATED FUND TRANSFER FROM REDEVELOPMENT
PROJECT AREA "A"
Chairman Vasquez requested staff to make a presentabon
After d~scuss~on, ~t was moved by Member Byrd, seconded by Vice Chairman Johnson,
to adopt the Resolution
RESOLUTION NO. 2006.004 ENTITLED:
A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING
THE TRANSFER OF FUNDS FROM THE UNAPPROPRIATED FUND BALANCE
(FUND 14) TO PLANNING SERVICES AND HOUSING SET-ASIDE (FUND 26) TO
MISCELLANEOUS EXPENSE
ROLL CALL
AYES
NOES
ABSTAIN
ABSENT
MEMBERS BYRD, JOHNSON, PEDROZA, SANTILLAN, ANDVASQUEZ
NONE
NONE
NONE
ADJOURNMENT
Having no further discussion, ~t was moved by V~ce Chairman Johnson, seconded by
Member Byrd, and carned to adjourn the Lynwood Redevelopment Agency meeting at
645pm
Let~cla Vasquez, Chairman Andrea L Hooper, Secretary
LYNWOOD REDEVELOPMENT AGENCY
SPECIAL MEETING
JANUARY 23, 2006
The Lynwood Redevelopment Agency of the City of Lynwood met ~n a special meeting
at Bateman Hall, 11331 Ernesbne Avenue, on the above date at 1 23 p m
Chairman Vasquez presiding
Members Byrd, Johnson, Pedroza, Sanbllan, and Vasquez were present
Also present were Executive D~rector Marbnez, City Attorney Beltran, and Secretary
Hooper City Treasurer Pygatt was absent
Secretary Hooper announced that the Agenda had been posted in accordance w~th the
Brown Act
PUBLIC ORAL COMMUNICATIONS
(Regarding Agenda Items Only)
NONE
ITEMS FOR CONSIDERATION
DISCUSSION ITEM
Item #1 FY 2005-06 MID-YEAR BUDGET AMENDMENTS
Mananna Marysheva gave a presentabon on the FY 2005-2006 M~d-Year Budget
Amendments The purpose of th~s ~tem was to d~scuss the ana)ys~s of key revenues and
expenditures and the forecast of needs through the year-end The recommended
budget amendments ~nclude orgamzabonal changes, c~tyw~de technology
enhancements, vehicle purchases, and other changes
After d~scuss~on, ~t was moved by Member Pedroza, seconded by Member Byrd, to
receive & file presentabon but hold off on adopbon of resolubon Agency Member
Pedroza and other Members of the Agency menboned that they needed more bme to
rewew the budget
ROLL CALL
AYES MEMBERS BYRD, JOHNSON,
NOES NONE
ABSTAIN NONE
ABSENT NONE
PEDROZA, SANTILLAN, AND VASQUEZ
CLOSED SESSION
NONE
ADJOURNMENT
Having no further d~scuss~on, ~t was moved by Member Pedroza, seconded by V~ce
Chairman Johnson, and carned to adjourn the Special Lynwood Redevelopment
Agency meebng at 2 20 p m, ~n memory of Josef Kekula's mother
Let~cla Vasquez, Chairman Andrea L Hooper, Secretary
AGENDA STAFF REPORT
DATE
TO
APPROVED BY'
PREPARED BY
SUBJECT
February 21,2006
Honorable Chairperson and Members of the Lynwood
Redevelopment Agency
N Ennque Martmez, Executwe D,recto~J,,~'
Mananna Marysheva, Assistant City Manager - F~nanc~
Momca Castellanos, Accounbng Technician
Approval of the Warrant Register
Recommendation:
Staff respectfully recommends that the Agency Chairperson and Board Members
approve the warrant register
..................... Attached Warrant Register dated February 21, 2006 ..............
AGENDA STAFF REPORT
DATE:
TO:
APPROVED BY:
PREPARED BY:
SUBJECT:
February 21,2006
Honorable Cha,rperson and Members of,~h~.~L.~,~oard //~ ~
N Enr,que Mart,nez, Execut,ve D,rector~./.~.~/ (/.~
Mar~anna A Marysheva, Assistant C~t~ Manager- Finance.~~-/
RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO
EXECUTE A MODIFIED CONTRACTUAL AGREEMENT WITH
RONALD N WILSON, FOR THE AGENCY COUNSEL SERVICES,
AT A MONTHLY AMOUNT OF NOT-TO-EXCEED $30,000
EXCLUDING OUT-OF-POCKET EXPENSES
Recommendation:
Staff recommends that the LRA Board of D~rectors adopt the resolubon titled,
"RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED
CONTRACTUAL AGREEMENT WITH RONALD N WILSON, FOR THE AGENCY
COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-EXCEED $30,000
EXCLUDING OUT-OF-POCKET EXPENSES"
Background:
At the February 7, 2006 meebng, the LRA Board of D~rectors directed the Execuhve
D~rector to enter into a modified contractual agreement w~th Ronald N Wdson, to
prowde the Agency Legal Counsel services The Board of D~rectors approved a monthly
expense cap of $30,000 for th~s contract (excluding out-of-pocket expenses), for all
legal services except I~bgabon
Discussion & Analysis:
Attached for the Board of D~rectors' rewew and approval is a modified contractual
agreement w~th Ronald N Wdson, which specifies the scope of work, ~ncludes the
performance bmehne and sets the monthly spending hm~t of $30,000 (excluding out-of-
pocket expenses) Furthermore, the monthly out-of-pocket expenses are hm~ted to
$5,000, to enable careful planmng of spending
The scope of work, compensabon and performance ~nd~cators are presented In
Attachment "A" of the attached contract The modified contract ~s on a month-to-month
bas~s, with an annual rewew prows~on L~bgat~on costs wdl be esbmated and considered
separately The LRA Counsel can b~d to prowde these serv,ces, along w~th outside
firms The LRA Board of D~rectors wdl determine whether to request the LRA Agency
Counsel to perform these spec~ahzed services at their houdy rate (currently $250 per
hour for th~s type of work), or to use outside firms
The Legal Counsel, Ronald N Wdson, has rewewed and agreed w~th the terms of the
proposed agreement, however requested that the LRA Board consider an annual
spending hm~t of $360,000 (excluding out-of-pocket expenses), ~nstead ~fl~ly'
cap of $30,000 ~GF~DA
ITE~
Modified Contract - LRA Page 2
The contractual agreement was reviewed and approved by Richard Kreisler of Liebert
Cassldy Whltmore, to avoid any potential conflict of ~nterest for Ronald N Wilson Mr
Kreisler concurs with the terms of the modified agreement, and wdl s~gn off on ~t
following the Board of Director's approval of the attached resolubon
Fiscal Impact:
The monthly spending cap of $30,000 (plus the out-of-pocket expenses of not-to-
exceed $5,000) wdl result ~n an annual cost of not-to-exceed $420,000 G~ven that the
new thresholds were not in place since the beginning of the fiscal year, the FY 2005-06
spending wdl be substanbally h~gher and ~s estimated at $613,000 The additional
funding was allocated dunng the Mid-Year budget rewew For FY 2006-0?', only
$420,000 w~ll be requested for the Agency Legal Counsel services,
Coordinated with:
Office of the Execubve D~rector
LRA Counsel
Attachment:
1) Resolubon To Authorize The Chairperson To Execute A Modified Contractual
Agreement W~th Ronald N W~lson, For The Agency Counsel Services, At A Monthly
Amount Of Not-To-Exceed $30,000 Excluding Out-Of-Pocket Expenses
2) Contractual agreement w~th Ronald N Wilson
Modified Contract - LRA Page 3
RESOLUTION NO.
RESOLUTION TO AUTHORIZE THE CHAIRPERSON TO EXECUTE A MODIFIED
CONTRACTUAL AGREEMENT WITH RONALD N. WILSON, FOR THE AGENCY
COUNSEL SERVICES, AT A MONTHLY AMOUNT OF NOT-TO-EXCEED $30,000
EXCLUDING OUT-OF-POCKET EXPENSES
WHEREAS, the Board of D~rectors of the Lynwood Redevelopment Agency
("Board of Directors") desires to receive legal counsel services that are professional,
high-quality but also cost-effective, and
WHEREAS, the Board of D~rectors d~rected the Executwe Director to review the
scope of work performed by Ronald N Wilson ~n his capacity as the Agency Counsel,
the bdhng rates, and the ongoing costs incurred by the Lynwood Redevelopment
Agency ("LRA") to recewe these services, and to recommend acbons to contain the
costs while recewmg the h~gh quahty legal services needed by the LRA, and
WHEREAS, the Execubve Director rewewed the monthly bdhng statements of
Ronald N Wdson related to their prows~on of legal support services to the LRA,
compared the bdhng rates to those ~n other comparable cities, and segregated the
hbgat~on work from other legal servrces, and
WHEREAS, the Executive D~rector negotrated the monthly spending threshold
w~th Ronald N Wdson, and presented the spending cap recommendation to the Board
of Directors on February 7, 2006; and
WHEREAS, the Board of D~rectors authorized the Execubve Director to develop
a modified contractual arrangement w~th Ronald N Wdson to prowde the Agency
Counsel servrces at the monthly cost of not to exceed $30,000 excluding out-of-pocket
expenses, and
NOW, THEREFORE, the Board of D~rectors hereby finds, determines, and
resolves as fotlows
Section 1. That the modified contractual agreement w~th Ronald N Wdson,
attached here~n and made a part of th~s resolution through th~s reference, be approved
Section 2. That the contractual engagement be on a month-to-month basis, with
the following monthly spending caps $30,000 for non-htlgabon services, and $5,000 for
out-of-pocket expenses, as detaded m the attached contractual agreement
Section 3 That the LRA Chairperson is authorized to execute a modified
contractual agreement with Ronald N W~lson, per the attached contract
Section 4. That th~s resolubon shall take effect Immediately upon ~ts adopbon
PASSED, APPROVED and ADOPTED th~s 21St day of February, 2006
Modified Contract - LRA Page 4
Lebc~a Vasquez, Chairperson
ATTEST
AndreaL Hooper, AgencySecretaw
APPROVED AS TO FORM
N Ennque Ma~mez, Execubve D~rector
APPROVED AS TO CONTENT
Ronald Wdson
Agency Counsel
Vlananna A Marysheva
Assistant City Manager - F~nance
Modified Contract - LRA Page 5
CONTRACTUAL AGREEMENT WITH RONALD N. WILSON
AGENCY COUNSEL LEGAL SERVICES AGREEMENT
This agreement ("Agreement") is made as of February 22, 2006 by and between the
Lynwood Redevelopment Agency ("LRA") and Ronald N. Wilson ("Agency Counsel")
LRA and Agency Counsel are sometimes hereinafter individually referred to as a "Party" and
collectively referred to as the "Parties"
RECITALS
WHEREAS, LRA desires to utilize the services of Agency Counsel as an independent
contractor to provide consulting services to LRA as set forth m the attached Exhibit A, and
WHEREAS, Agency Counsel represents that it is fully qualified to perform such services
by virtue oftts experience and the trmmng, education and expertise oftts pnnclpals and
employees
NOW, THEREFORE, in consideration of performance by the parties of the covenants
and conditions herein contmned, the parties hereto agree as follows
1. Agency Counsel's Services.
A Scope of Services The nature and scope of the specific services to be performed by
Agency Counsel are as described m Exhibit A.
B Time of Performance Agency Counsel shall complete the specific services
according to the schedule of performance which Is also set forth in Exhibit A
2. Term of Agreement This Agreement shall commence on February 22, 2006 (the
"Commencement Date") and shall contmue on a month-to-month basis. The Agreement shall
be terminable by either party, at any time, upon provision of thirty (30) calendar days written
notice The tfurty (30) calendar days notice period shall commence mnmng upon the date of
deposit of smd notice in the U S mall. No cause or reason(s) need be stated in support of a
termination decision being rendered by either party
3. Compensation
A LRA agrees to compensate Agency Counsel for services under this Agreement in
comphance with the schedule set forth in Exhibit A Payment will be made only after
submission of proper monthly invoices, which are timely and provide a detmled breakdown of
the monthly services performed together with the hours spent on each service. The breakdown of
the services must be provided by department and also by the specific issue Together with the
hard copy invoices, a computer record of the services, hours and costs must be mmntalned by the
Agency Counsel, and provided to the LRA upon request in Microsoft Word format, with a
summary of payments in Excel
B Monthly payment of fees to Agency Counsel for services rendered pursuant to this
Agreement, shall not exceed $30,000 (tlurty thousand dollars) Upon wmten agreement of the
Contractual Servxces Agreement- Ronald N Wdson Page I
parties, fees may either be incurred at an hourly rate not to exceed $180.00 per hour for attorneys
and $90 00 per hour for paralegals and law clerks, or on a flat fee per project in an amount
agreed upon in writing prior to performance of each project Absent written agreement to
perform services on a flat fee basis, services shall by default be rendered at the above hourly rate
C If at the written request of the LRA, Agency Counsel is required to incur out of
pocket expenses, (mcludmg but not limited to, photocoptes, messengers, out-of-town travel and
lodging) reasonably necessary for the performance ofth~s Agreement, and whtch are not
otherwise incurred by Agency Counsel as the reasonable and customary expenses of pract~cing
as an attorney (1 e, office rental, vetucle lease/fees, staff, payroll, and similar expenses), Agency
Cotmsel shall be entitled to reimbursement of such expenses Agency Counsel shall only be
reimbursed for those expenses wtuch' 0) appear on Agency Counsel's monthly invoices; (n) are
accompanied by a copy of the LRA's written authorization for Agency Counsel to incur such
expenses, and (iii) receipts documenting such expenses The out-of-pocket expenses can not
exceed $5,000 per month. Photocopies shall be billed at the rate of $0 20 per page
4. General Terms and Conditions The General Terms and Conditions set forth in
Exhibit B are incorporated as part of tlus Agreement. In the event o f any inconsistency between
the General Terms and Conditions and any other exl~blt to th~s Agreement, the General Terms
and Conditions shall control unless it is clear fi.om the context that both pames intend the
provisions of the other exhthlt(s) to control
5. Addresses
LRA
Lynwood Redevelopment Agency
11330 Bulhs Road
Lynwood, CA 90262
Attn Mr N Ennque Martlnez, Executive Director
AGENCY COUNSEL
Ronald N Wilson
3700 Wllsture Boulevard, State 557
Los Angeles, Califorma 90010
Attn Ronald N Wilson
6. Exhibits All extublts referred to in flus Agreement are listed here and are incorporated
and made part oftlms Agreement by tins reference
Exhibit A Scope of Services, Compensation and Performance Review (two (2) pages)
Exhibit B - General Terms and Conditions (seven (7) pages)
SIGNATURES ON FOLLOVflNG PAGE
Contractual Services Agreement - Ronald N Wilson Page 2
IN WITNESS WHEREOF, the part~es have executed th~s Agreement as of the dates
written below
LYNWOOD REDEVELOPMENT AGENCY
By'
Letmm Vasquez, Chmrperson
AGENCY COUNSEL
RONALDWILSON
Date
By
Ronald Wilson
Date
ATTEST:
By
Andrea L Hooper, Secretary
APPROVED AS TO FORM
R~chard Kreisler
Lmbert Cass~dy Wlutmore
Contractual Services Agreement - Ronald N Wilson Page 3
EXHIBIT A
SCOPE OF WORK, COMPENSATION AND PERFORMANCE REVIEW
Scope of Work
This contract ~s for non-htlgatlon services, ~ncludlng but not limited to the following · review of agenda items (reports and legislation) for the LRA,
· attending meetings of the LRA, as well as CommIssmns and/or Committees as
assigned, responding to questions at meetings, and providing follow-up information
after meetings as requested,
· drafting or rewew~ng contractual agreements, DDAs, ENAs and other agreements for
the LRA,
· research and analys~s of State and Federal legislation (approved or pending) impacting
the LRA,
· responding to inqumes and/or requests from the authorized contacts (as designated by
the Executive Director),
· research and analysis ofh~stoncal records necessary to provide legal opinion on a
general ~nqmry,
· drafting letters, legislation, reports and other ~tems as requested by the Executive
Director,
· other day-to-day assistance as requested by the Executive Director and/or his
designees,
· representation of the LRA and/or ItS officers at meetings, conference calls or events, as
requested by the LRA Executive Director, and
· attending meetings of and provl&ng legal support to the Planmng Commission, with
responsibilities rotated with the Lynwood City Attorney every six months.
Litigation services are specifically not covered by th~s agreement, and will be considered
separately The Agency Counsel can b~d to prowde litigation services requested by the LRA,
and, if retained, separate contractual agreements will govern such services
Compensation
LRA agrees to compensate Agency Counsel for fees for services LRA agrees to compensate
Agency Counsel for services rendered under this Agreement in the amount of not-to-exceed
$30,000 (thirty thousand dollars)
Upon written agreement of the parties, fees may either be incurred at an hourly rate not to exceed
$180 00 per hour for attorneys and $90 00 per hour for paralegals and law clerks, or on a flat fee
per project In an amount agreed upon in writing prior to performance of each project Absent
written agreement to perform services on a flat fee bas~s, services shall by default be rendered at
the above hourly rate
Performance Review
A written annual admimstratlve performance evaluation of Agency Counsel's performance shall
be reqmred within thirty (30) days of the first amnversary of the effective date oftlus Agreement,
and each year thereafter throughout the term of this Agreement The performance indicators
Contractual Services Agreement - Ronald N WflsonPage 4
below and the work product reqmred by this Agreement shall be Utdlzed as the basis for review,
and any comments or complaints received by LRA dunng the ievlew period, either orally or m
writing, shall be considered LRA agrees to provide written notice to Agency Counsel pertalmng
to any allegations of inadequate performance or non-comphance with the terms of this
Agreement Although LRA ~s not mandated to do so, it is authorized ~n the exercise of its
discretmn to allow Agency Counsel an opportumty to respond to said allegations, and to
determine the method and means of any such response
Performance Indicators
· Average number of days to respond to a request for a legal opnnon / analysis
· Average number of hours to prepare a legal opinion / analys~s
· Percentage change in the total LRA payment of attorney's fees from the last year
· Percentage change in the LRA liability from the last year
· Percentage ofclmms settled prior to lltsgation
· Percentage of resolved clmms resulting in no monetary payout
· Percentage of resolved lawsuits resulting in no monetary payout
· Percentage of customers rating legal services as "good" or "excellent"
· Percentage of customers rating legal services as timely
The Agency Counsel is responsible for collecting data on the above indicators on a monthly
basis, and present the results to the LRA upon the Executive Director's request (dunng the
annual rewew as well as at other times as requested)
Notwithstanding the "performance review" provisions in this Extubit A, no cause or reason(s)
need be stated in support of a contract termination decision being rendered by either party (See
Section 2 - TERM OF AGREEMENT in Agency Counsel Legal Services Agreement, smd
terms taking precedence over any contrary terms in this Exhibit A )
Contractual Serwces Agreement - Ronald N W~lsonPage 5
EXHIBIT B
GENERAL TERMS AND CONDITIONS
1. Status as Independent Contractor.
A. Agency Counsel xs, and shall at all times remmn as to LRA, a wholly Independent
contractor Agency Counsel shall have no power to ~ncur any debt, obhgaUon, or hablhty on
behalfofLRA or otherwise act on behalfofLRA as an agent Neither LRA nor any or,ts agents
shall have control over the conduct of Agency Counsel or any of Agency Counsel's employees,
except as set forth in th~s Agreement Agency Counsel shall not, at any nme, or ~n any manner,
represent that ~t or any of its agents or employees are m any manner agents or employees of
LRA
B Agency Counsel agrees to pay all reqmred taxes on amounts paid to Agency Counsel
under tins Agreement, and to mdemmfy and hold LRA harmless fi.om any and all taxes,
assessments, penalUes, and ~nterest asserted against LRA by reason of the ~ndependent contractor
relat~onshlp created by tins Agreement. In the event that LRA ~s audited by any Federal or State
agency regardmg the independent contractor status of Agency Counsel and a specific finding ~s
~ssued by a court or arbitrator ~n accordance with the Los Angeles County Bar Dispute
Resoluaon Program regarding the vahd~ty of a wholly independent contractor relat~onsbap
between LRA and Agency Counsel, then Agency Counsel agrees to rennburse LRA for all costs,
~ncludmg accounting and attorney's fees, arising out of such audit and any appeals relating
thereto, but only to the extent that such costs and fees are d~rectly attributable to the findings that
Agency Counsel ~s not an ~ndependent contractor. Notwithstanding the foregoing, Agency
Counsel shall only be hable to reimburse the LRA ff and only ~f such finding causes LRA to
incur adthtmnal monetary obllgat~ons and such findings determine that Agency Counsel
breached tins Agreement or otherwise failed to comply with the Rules of Professmnal Conduct
of the State Bar of Cahfomm
C Agency Counsel shall fully comply w~th the workers' compensation law regarding
Agency Counsel and Agency Counsel's employees Agency Counsel further agrees to mdemmfy
and hold LRA harmless fi.om any failure of Agency Counsel to comply w~th apphcable worker's
compensation laws LRA shall have the right to offset against the amount of any fees due to
Agency Counsel under tbas Agreement any amount due to LRA fi.om Agency Counsel as a result
of Agency Counsel's fadure to promptly pay to LRA any reimbursement or ~ndemmficat~on
arising under tins Section 1.
2. Standard of Performance.
A Agency Counsel shall perform all work to the baghest professional standards and ~n a
manner reasonably satisfactory to the Executive D~rector or ins/her designee The Executive
D~rector or ins/her destgnee may from t~me to t~me assign additional or d~fferent tasks or services
to Agency Counsel, provided such tasks are w~tinn the scope of services described m Exhibit A,
and the ass~gmnent ~s evidenced m writing However, no additional or ~fferent tasks or services
shall be performed by Agency Counsel other than those specified ~n Exhibit A, or those so
assigned ~n writing to Agency Counsel by the Executtve Director or bas/her designee
Contractual Services Agreement - Ronald N WfisonPage 6
B The Executive D~rector shall, until further notice to Agency Counsel, admlmster tins
Agreement
3. Indemnification.
A Agency Counsel is slalled ~n the professional calhng necessary to perform the
services and duties agreed to be performed under flus Agreement, and LRA is relying upon the
slall and knowledge of Agency Counsel to perform said services and duties.
B. LRA and ~ts respective elected and appointed boards, officials, officers, agents,
employees and volunteers (individually and collectively, "Indemmtees") shall have no
hablhty to Agency Counsel or any other person for, and Agency Counsel shall ~ndemmfy,
defend, protect and hold ham~less ]ndemmtees from and agmnst, any and all hablhtles,
claims, actions, causes of action, proceedings, sutts, damages, judgments, hens, levies, costs
and expenses of whatever nature, including reasonable attorneys' fees and disbursements
(collectively "Clmms"), whmh Indemmtees may suffer or incur or to whmh Indemmtees may
become subject by reason of or arising out of any ~njury to or death of any person(s), damage
to property, loss of use of property, economic loss or other loss occurring as a result of or
allegedly caused by the Agency Counsel's performance of or failure to perform any services
under thru Agreement or by the actual neghgent or willful acts or omissions of Agency
Counsel, ~ts agents, officers, directors, subcontractors, subconsultants or employees,
conumtted ~n performing any o f the services under thts Agreement. Notwithstanding the
foregoing, the proms~ons ofth~s subsection shall not apply to Clmms occurring as a result of
the LRA's sole neghgence or wxllful acts or omissions
C Agency Counsel agrees to obtmn executed lndemmty agreements with provisions
identical to those set forth ~n this Sectxon from each and every subcontractor, subconsultant or
any other person or entity Involved by, for, w~th or on behalf of Agency Counsel m the
performance of this Agreement, designating those persons/entitles described in Section 3(B)
above, as lndenm~tees In the event Agency Counsel fmls to obtmn such ~ndemmty
obhgatmns from others as required in th~s Section, Agency Counsel agrees to be fully
responmble accorthng to the terms of this Section Failure of the LRA to momtor compliance
with these reqmrements imposes no additional obhgatlons on LRA and w~ll ~n no way act as a
waiver of any rights hereunder This obhgatmn to mdemmfy and defend Indemmtees as set
forth herren shall surwve the term~natmn of th~s Agreement and ~s ~n addition to any rights
which LRA may have under the law. This lndemmty is effective w~thout reference to the
emstence or apphcabd~ty of any ~nsurance coverages whmh may have been required under
this Agreement or any adtht~onal insured endorsements which may extend to LRA
4. Insurance.
A W~thout hmlt~ng Agency Counsel's ~ndemnfficatmn of Indemn~tees pursuant to
Section 3 of this Agreement, Agency Counsel shall obtain and provide and mmntam at its own
expense dunng the term of this Agreement the types and amounts of insurance as described
below
Contractual Servaces Agreement - Ronald N WflsonPage 7
0) Commercial General Liability Insurance using Insurance Services Office
Commercial General Llabihty form CG 00 01 or the exact equivalent Defense costs
must be paid in addition to limits There shall be no cross hablhty exclusion for
clams or suits by one insured aganst another. Limits shall be no less than $1,000,000
per occurrence for all covered losses and no less than $2,000,000 general aggregate
(ii) Business Auto Coverage on ISO Business Auto Coverage form CA 00 01
including symbol 1 (Any Auto) or the exact equivalent Limits shall be no less than
$300,000 per accident, combined single hmit. If Agency Counsel owns no velucles, this
reqmrement may be satisfied by a non-owned auto endorsement to the general liability
pohcy described in the preceding subsection If Agency Counsel or Agency Counsel's
employees will use personal autos in any way on this project, Agency Counsel shall
provide evidence of personal auto liability coverage for each such person
(111) Workers' Compensation msurance on a state approved policy form providing
statutory benefits as required by law with employer's liability hmIts no less than
$1,000,000 per accident for all covered losses,
(iv) Professional Liability or Errors and Omissions Insurance as appropriate to the
profession, written on a policy form coverage specifically designed to protect against
acts, errors or omissions of the Agency Counsel and "Covered Professional Services" as
designated In the policy must specifically include work performed under this Agreement
The pohcy limit shall be not less than $1,000,000 per clam and in the aggregate The
policy must "pay on behalf of" the insured and must include a provision estabhslung the
insurer's duty to defend The policy retroactive date shall be on or before the effective
date oftlus Agreement
B The LRA shall be named as additional lnsureds on the above pohcy0es) as to
commercial general habihty and automotive liability
C All insurance procured pursuant to these requirements shall be written by Insurers that
are admitted caners In the state of Califorma with a Best's rating of no less than A VII.
D. All insurance policies shall provide that the insurance coverage shall not be non-
renewed, canceled, reduced, or otherwise modified (except through the addition of additional
insureds to the policy) by the insurance earner without the msurance career giving LRA thirty
(30) days' prior written notice thereof Any such thirty (30) day notice shall be submitted to
LRA via certified mai, return receipt requested, addressed to "Risk Manager," Lynwood
Redevelopment Agency, 11330 Bulhs Road, Lynwood, California, 90262. Agency Counsel
agrees that it will not cancel, reduce or otherwise modify sad insurance coverage
E Agency Counsel shall submit to LRA (0 insurance certificates indicating comphance
with the mimmum worker's compensanon insurance requirements above, and (ii) insurance
policy endorsements indicating compliance with all other miamum insurance requirements
above, not less that one (1) day pl~or to beginmng of performance under tlus Agreement
Contractual Services Agreement Ronald N WflsonPage 8
Endorsements shall be executed on LRA's appropriate standard forms entitled "Add~ttonal
Insured Endorsement"
F The Agency Counsel's insurance shall be primary as respects the LRA, its officers,
officials, employees and volunteers Any insurance or self-insurance maintained by the LRA,
its officers, officials, employees and volunteers shall be excess of the Agency Counsel's
insurance and shall not contribute with it
G Agency Counsel agrees that ~fit does not keep the aforesaid insurance in full force
and effect, and such insurance ~s avmlable at a reasonable cost, LRA may take out the necessary
~nsurance and pay the premmm thereon, and the repayment thereof shall be deemed an obhgatton
of Agency Counsel and the cost of such insurance may be deducted, at the option of LRA, from
payments due Agency Counsel
5. Confidentiality. Agency Counsel in the course of its duties may have access to
confidential data of LRA, private individuals, or employees of the LRA Agency Counsel
covenants that all data, documents, discussion, or other ~nformatmn developed or received by
Agency Counsel or prowded for performance of this Agreement are deemed confidential and
shall not be d~sclosed by Agency Counsel without wntten authorization by LRA LRA shall
grant such authorization if disclosure ~s required by law. All LRA data shall be returned to LRA
upon the termination of tlus Agreement Agency Counsel's covenant under tlus section shall
survive the termmat~on of this Agreement.
6. Ownership of Work Product. All reports, documents or other written material
developed by Agency Counsel in the performance ofthts Agreement shall be and remmn the
property of LRA without restriction or hmltatIon upon Its use or dissemination by LRA Such
material shall not be the subject of a copyrtght applicatmn by Agency Counsel
7. Conflict of Interest.
A Agency Counsel covenants that It presently has no interest and shall not acquire any
interest, thrector or mthrect, which may be affected by the services to be performed by Agency
Counsel under flus Agreement, or wluch would conflict in any manner w~th the performance of
~ts services hereunder. Agency Counsel further covenants that, in performance oftlus
Agreement, no person having any such interest shall be employed by it Furthermore, Agency
Counsel shall avoid the appearance of having any ~nterest wluch would conflict ~n uny manner
with the performance of its services pursuant to tlus Agreement
B Agency Counsel covenants not to gtve or receive any compensation, monetary or
otherwise, to or from the ufumate vendor(s) of services to LRA as a result of the performance of
th~s Agreement, or the services that may be procured by the LRA as a result of the
reconunendations made by Agency Counsel Agency Counsel's covenant under tlus section shall
survive the tenmnatmn oftlus Agreement
8. Termination Agency Counsel agrees that in the event of termination of tlus Agreement
as provided for in Section 2(A) of the Legal Services Agreement, LRA's obligation to pay
Contractual Services Agreement - Ronald N WfisonPage 9
Agency Counsel shall be limited to payment only for those services satisfactorily rendered prior
to the effective date oftonmnatlon. Immediately upon receiving written not, ce of ternunat~on,
Agency Counsel shall discontinue performing services, preserve the product of the services, and
turn over to LRA the product of thc services m accordance with written instruction of LRA.
LRA agrees to provide written notice to Agency Counsel pertalrang to any allegations of
inadequate performance or non-compliance with the tom~s of thas Agreement Although LRA is
not mandated to do so, it is anthonzed in the exercise of its discretion to allow Agency Counsel
an opportumty to respond to said allegations, and to determine the method and means of any
such response
9. Personnel. Agency Counsel represents that it has, or will secure at its own expense, all
personnel required to perform the services under flus Agreement. All of the services reqmred
under tins Agreement will be performed by Agency Counsel or under its supervaslon, and all
personnel engaged in the work shall be qualified to perform such services Agency Counsel
reserves the right to determine the assignment of its own employees to the performance of~
Agency Counsel's services under flus Agreement, but LRA reserves the right to require Agency
Counsel to exclude any employee bom perforrmng services on LRA's premises
10. Financial Condition. Prior to entenng into tlus Agreement, Agency Counsel has
subrmtted documentataon acceptable to the Executive Director, estabhshlng that it ~s financially
solvent, such that it can reasonably be expected to perform the services required by th~s
Agreement Wlflun tlurty (30) days of the first anmversary of the effective date of this
Agreement, and each year thereafter throughout the term of flus Agreement, Agency Counsel
shall submit such financial information as may be appropriate to establish to the satisfaction of
the Executive Director that Agency Counsel is financially solvent Financial reformation
submitted to the Executive Director shall be returned to Agency Counsel after review and shall
not be retmned by LRA.
11. Non-Discrimination and Equal Employment Opportunity.
A Agency Counsel shall not discriminate as to race, color, creed, religion, sex, marital
status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation, m the performance of its services and duties pursuant to this Agreement, and will
comply w~th all roles and regulations of LRA relating thereto Such nondiscrimination shall
include but not be limited to the following employment, upgrading, demotion, transfers,
recruitment or recruitment advertmlng, layoff or termination, rates of pay or other forms of
compensation; and selection for tralmng, including apprenticeship.
B. Agency Counsel will, tn all solicitations or advertisements for employees placed by
or on behalf of Agency Counsel state either that it is an equal opportumty employer or that all
qualified applicants will receive consideration for employment without regard to race, color,
creed, rehgnon, sex, marital status, national origin, ancestry, age, physical or mental handicap,
medical condition, or sexual orientation
C Agency Counsel will cause the foregoing pro¥1smns to be inserted in all subcontracts
for any work covered by this Agreement except contracts or subcontracts for standard
Contractual Services Agreement - Ronald N WdsonPage 10
commercial supplies or raw materials.
12. Assignment. Agency Counsel shall not assign or transfer any interest m this Agreement
nor the performance of any of Agency Counsel's obligations hereunder, without the prior written
consent of LRA, and any attempt by Agency Counsel to so assign this Agreement or any rights,
duties, or obligations ansmg hereunder shall be void and of no effect
13. Performance Evaluation. A written annual admlmstrative performance evaluation shall
be required wltlun thirty (30) days of the first anniversary of the effective date of this Agreement,
and each year thereafter throughout the term ofttus Agreement The performance indicators
stated in Exl~blt A and the work product required by this Agreement shall be utilized as the basis
for review, and any comments or complaints received by LRA dunng the review period, either
orally or in writing, shall be considered LRA shall meet with Agency Counsel prior to
prepanng the written report Although LRA may consider th~s performance evaluation as a
factor in deterrmmng whether or not to continue or terminate the Agency Counsel Legal Services
Agreement, consideration of the performance evaluation report in the rendering of this
determmahon, shall not constitute a requirement that cause or any other reason exists or be stated
as a basis for ternunation of the Agreement by the LRA
14. Compliance with Laws. Agency Counsel shall keep itself informed of State, Federal
and Local laws, ordinances, codes and regulations whmh in any mauner affect those employed
by it or in anyway affect the performance of its service pursuant to this Agreement The Agency
Counsel shall at all times comply with such laws, ordinances, codes and regulations The LRA,
its officers and employees shall not be liable at law or in equity occasioned by failure of Agency
Counsel to comply with tins Section
15. Licenses At all times dunng the term ofttus Agreement, Agency Counsel shall have in
full force and effect all licenses (including a City of Lynwood business hcense) required of it by
law for performance of the services hereunder
16. Non-Waiver of Terms, Rights and Remedies. Wmver by either party of any one or
more of the conditions of performance under this Agreement shall not be a wmver of any other
condition of performance under th~s Agreement In no event shall the making by LRA of any
payment to Agency Counsel constitute or be construed as a waiver by LRA of any breach of
covenant, or any default winch may then exist on the part of Agency Counsel, and the making of
any such payment by LRA shall m no way impair or prejudice any right or remedy avmlable to
LRA with regard to such breach or default
17. Attorney's Fees. In the event that either party to this Agreement shall commence any
legal or equitable action or proceeding to enforce or interpret the provisions ofthrs Agreement,
the prevadmg party in such action or proceeding shall be entitled to recover its reasonable
attorney's fees and costs, including, but not limited to, costs of expert witnesses
18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
deemed received on (a) the day of delivery if delivered by hand dunng Agency Counsel's regular
business hours or by facsimile before or dunng Agency Counsel's regular busmess hours, or (b)
Contractual Services Agreement - Ronald N WflsonPage 11
on the thtrd business day followtng deposit in the Umted States mall, postage prepaid, to the
addresses heretofore set forth in the Agreement, or to such other addresses as the parttes may,
fi.om ttme to time, designate tn writing pursuant to the promstons ofttus section
19. Governing Law. This Agreement shall be interpreted, construed and enforced m
accordance with the laws of the State of Cahforma
20. Counterparts. This Agreement may be executed in any number of counterparts, each of
wluch shall be deemed to be the ongtnal, and all ofwhtch together shall constitute one and the
same instrument
21. Severability. If any provision or any part of any provision ofthts Agreement is found
to be tnvahd or unenforceable, the balance of this Agreement shall rematn tn full force and
effect
22. Entire Agreement. Thts Agreement, and any other documents incorporated heroin by
specific reference, represents the enttre and integrated agreement between Agency Counsel and
LRA Tlus Agreement supersedes all prior oral or written negotlattons, representations or
agreements Tbs Agreement may not be amended, nor any provision or breach hereof wmved,
except tn a writing stgned by the Parties wluch expressly refers to ttus Agreement. Amendments
on behalf of the LRA will only be vahd if signed by the Mayor and attested by the LRA Clerk
23. Authority The person or persons executtng tl~s Agreement on behalf of Agency
Counsel warrants and represents that he/she has the authority to execute thts Agreement on
behalf of the Agency Counsel and has the authority to bind Agency Counsel to the performance
of tts obligations hereunder
Contractual Services Agreement- Ronald N W~lsonPage 12
AGENDA STAFF REPORT
DATE:
February 21, 2006
TO:
APPROVED BY:
PREPARED BY:
K~rk Pelser, Intenm Deputy Execubve D~recto~[~' '"/A-, ~, ..
Bruno Naulls, Redevelopment Associate ~ ~
SUBJECT:
REDEVELOPMENT OFFICE IMPROVEMENTS
Recommendation:
Staff requests that after rewew and cons~derabon, the Agency d~rect staff to take
the following achons
1 Release an RFP for professional services related to the office
~mprovements to the Redevelopment Department,
2 Publicly advertise such RFP m a local newspaper and over the World
W~de Web (Internet),
3 Form a panel for the purpose of rabng a m~mmum of three candidates and
selecting the most quahfied and affordable contractor based on the
submitted proposal and oral performance, and
4 Bnng results back to the Agency for contract approval
Background/Detail:
Staff ~s proposing to ~ssue an RFP (attachment) to retain a contractor to
reconfigure the Redevelopment Department (Department) and ~nstall modular
furniture for the purpose of creabng a more professional enwronment for staff,
store and manage confldenbal documents, and estabhsh a more efficient
workplace that ~s stdl conducive to assist the pubhc
1
2
The Redevelopment Department ~s located ~n the area prewously
occupied by the Adm~mstrabve Servmes and Human Resources offices for
the C~ty ~n C~ty Hall
The office area ~s not set up to appropnately accommodate or receive the
general pubhc Add~bonally, there ~s no separabon of space to acbvely
define the pubhc area from the staff area which may present safety ~ssues
3
There ~s a need to design an effic,ent office workspace that factors ~n fihng
and storage needs and creates a specific enwronment The design should
be conduc4ve to the da~ly operabons of the Department relabve to meebng
w~th the pubhc on a dady bas~s ~n the Housing D~ws~on w~th respect to
rehabd~tabon programs, and meebng w~th developers, attorneys, etc,
regarding Redevelopment
4
The proposed RFP wdl seek a contractor with the capabdlty to design and
~nstall a detailed outlay for office workspace, flhng and storage solutions
that compliments the recent office ~mprovements to the newly relocated
Redevelopment Department
Discussion/Analysis:
The Redevelopment Department (Department) ~s seeking to make internal office
~mprovements to create a more pracbcel enwronment for work and prowd~ng
service to the pubhc An RFP ~s necessary to sohc~t services from professional
office design firms Staff wdl mibate a formal b~d process and have the cend~dates
go before a panel and be rated based on quahty of design, experience, and cost
effecbveness, among other things Once the selecbon process ~s complete, staff
wdl report to the Agency the results of the rating process and make a
recommendabon based on the panehsts sconng
Fiscal Impact:
The acbon recommended ~n th~s report wdl not have a fiscal ~mpact The actual
~mprovements w~ll be performed for a cost not to exceed $30,000 when a
contract ~s awarded The funds have been appropriated ~n the M~d-Year Budget
Coordinated w~th
Executwe D~rector's Office
Rnance Department
Agency Counsel (~
Attachment(s)
Off~ce Improvement RFP
LYNWOOD REDEVELOPMENT AGENCY
Request for Proposals (RFP)
Office Improvement
Spec~flcabons for Design Outlay of Office Work Environment
And
Space Saving Solutions for the
Lynwood Redevelopment Department
Lynwood Redevelopment Agency - 1 - Office Improvements-Redevelopment
INTRODUCTION
The Lynwood Redevelopment Agency ("Agency") ~s soliciting Proposals from quahfled
firms ("F~rm") to prepare and ~mplement a detailed design outlay of off~ce workspace
and storage solubons that comphment recent ~mprovements to the Qty of Lynwood's
Redevelopment Department located at Lynwood City Hall, 11330 Bulhs Road, Lynwood
Cahfornla ("Project")
The goal of the request is to create a h~gh quality worbng envrronment which ~s
conducive to pubhc service and producbwty with an element of privacy so employees
may efficiently conduct bus,ness While ma~nta~mng a modest budget, the
Redevelopment Agency wants to ensure a quahty urban design for the overall ~mproved
~mage and attracbon of the Department
The result of the requested services will accomphsh th~s goal and prowde a strong
umfled theme throughout the Department as perceived by both the pubhc and
personnel Such plans, gu~dehnes, and spec~flcabons together w~th the process of
working w~th the Agency staff wdl help achieve an opbmum product that wdl help
address ~mportant ~ssues such as spacing, use of natural hght, and storage space The
desired plan would propose to ~nclude detaded spec~flcabons, cubicle spacing and use
of open office area and recommendabons for colors, textures, and office furmture
materials The subject area ~s newly painted and has new carpet that may be ubhzed as
examples of possible themes to use as a foundabon for design concepts
NOTE: Please be advised that th~s RFP process ~s being carned out pursuant to
d~recbon by the Lynwood Redevelopment Agency and this RFP supercedes and
replaces any prewous request or submittals for cost esbmates or scopes of service for
the office ~mprovement menbon here~n
Lynwood Redevelopment Agency - 2 - Office Improvements-Redevelopment
SCOPE OF WORK
It Is anticipated that the final product wdl act as a clear guide for improvements and enhance the
overall image of the department area The tasks, dehverables, and general requirements hsted
below serve as a suggested hst of tasks for the completion of the final plans and services
Tasks/Deliverables
The design product shall prowde the necessary elements to achieve a
high quahty aesthebcally attracbve urban and architectural design whde
allowing for creahwty and flex~bd~ty in the implementabon
2
The design product shall provide a un~fymg theme and identifiable
character to achieve a strong pubhc friendly and professional environment
which addresses the best possible use of space
3
Consult w~th staff to obtain ~nput and recommendations to guide the
overall design recommendabons
4
Prowde detailed designs, plans, specifications and ~temlzed estimates for
the ~mprovements
5
Improvement design elements shall ~nclude, but not necessarily be hm~ted
to arrangement of cubicle enwronments, office equipment, file access,
storage screemng, relocabon of electrical outlets, and other typical off~ce
elements as approved or required
Overall theme, element gu~dehnes, and recommended materials should
take ~nto cons~derabon d~fferent levels of value and cost effecbveness that
are appeahng and ~nclude, but not necessardy be hm~ted to a minimum of
3 cost opbons of equipment, furmture, and fixtures ranging from h~gh
quahty execubve to base quahty economical whde ma~nta~mng a
professional standard and appeal
7
Opbonal aesthebc elements that may be ~ncluded ~n the plans may be
considered such as Office art, both hanging and stabonary, special
promobonal d~splays, ~dent~flcabon type banner d~splays ~ncorporated Into
the departments theme, areas, etc
8 The final documents and plans shall Include easdy understandable
language and format and clear wsual graphic detads
Lynwood Redevelopment Agency - 3 - Off/ce Improvements-Redevelopment
General Requirements
1 Experience with office design and space management
2 Efficient, exped~bous response to dehverables and requested
mod~flcabons to any draft rewews
3
4
All software applications or computer files generated for graphics, text, or
p~ctonal 0f any) wdl be supphed to the Agency on a d~sk Software used
by the consultant should be of a type that is compatible w~th the Agency's
software apphcabons or converted from a given apphcabon to an Agency
apphcabon
All data, documents and other products used or developed dunng this
project shall become the property of the Agency
Schedule
The consulbng firm wdl provide a work schedule for completing all tasks The
time esbmates prowded for each task should be distinct periods and independent
from each other given the need for City review of the individual task deliverables
Lynwood Redevelopment Agency - 4 - Off~ce Improvements-Redevelopment
PROPOSAL REQUIREMENTS
Proposals should fulfill the requests made below but should also take th~s opportumty to
demonstrate profess~onahsm and creat~wty
A letter of mtroducbon briefly describing the firm and the name, address and
phone number of the contact person as well as a summary of the firm's
understanding of the project and overall approach to the scope of work The
letter should be s~gned by an officer of the firm authorized to brad the firm to all
commitments made ~n the proposal.
2
Quahflcat~ons of the firm and any subcontractors Please hlghhght the firm's
experience, quahficabons, and capabd~bes Prowde a hst of subcontractors who
may be h~red by the consultant as well as their expenence, quahflcat~ons, and
capabd~t~es
3
A descripbon of projects conducted dunng the prewous five years ~n which the
consulting firm has prowded s~mdar services to those outlined m th~s RFP
Include the chent name, contact name, telephone number, and dates dunng
which services were performed for a minimum of three chent references,
~ncludlng one pubhc agency Samples of work are desirable
4
Esbmated hours by task, overhead costs, subcontractor's expense and all
reimbursable expenses including copying, pnnbng, and postage
An orgamzabonal chart ~denbfy~ng the project manager and personnel for all key
tasks Resumes for the project manager and key personnel are to be ~ncluded
6 Be pnnted on recycled paper (Optional)
SELECTION PROCESS
The Agency will rewew and evaluate all complete proposals received prior to the
deadhne Selecbon of a consultant wdl be based on the quahty of the proposal,
including comprehensiveness and responsiveness to the requirements of th~s RFP The
cost of prepanng responses to th~s RFP shall be borne by the respondents and shall not
be reimbursed by the Agency
Proposals wdl be evaluated on the following criteria
Responsiveness to RFP Quahty and creabv~ty of the proposal relabve to th~s
project, ~ndudmg approach and methodology 40%
2
Experience with similar projects Expenence, quahflcat]ons, and capabd~bes of
the consultm9 firm, project manager, techmcal personnel, and any
subcontractors to be used 40%
Lynwood Redevelopment Agency - 5 - Off/ce Improvements-Redevelopment
3 Cost and Commitment Cost effectiveness and commitment to schedule,
including bid amount for consulting work on th~s project 20%
An interview may also be required as part of th~s review process, ~f deemed necessary
The consultant selected wdl enter into an Agreement with the Agency to work on the
project The Agency has the authority to terminate ~ts Agreement w~th the consultant at
any time if the Agency finds that the consultant's performance ~s not sabsfactory
SUBMITTALPROCEDURES
Written response proposals to this RFP must be received on or before March 8, 2006 at
5:00 P,M, Late or incomplete proposals wdl not be considered, and the Agency
reserves the right to determine the completeness of all proposals Please dehver five
cop~es of the proposal to
Bruno Naulls, Redevelopment Associate
Lynwood Redevelopment Agency
11330 Bulhs Rd
Lynwood, CA 90262
The Agency reserves the right to reject all proposals If they are deemed unsuitable to
the Agency's needs The Agency may select, negobate w~th and enter ~nto an
agreement w~th a firm that can provide services ~n the best ~nterests of the Agency if
there are any quesbons, please contact Bruno Naulls, Redevelopment Associate (ext
253) at (310) 603-0220
WAIVER OF RIGHTS
The consultant waives all rights to seek legal remedies regarding any aspects of the
RFP and the Agency's selecbon process, upon the submittal of a response to the RFP
In cons~derabon of the compensabon and other benefits derived from any contract w~th
the Agency, the consultant shall agree to ~ndemn~fy and hold the Agency harmless from
claims or losses ans~ng from, or ~n connecbon with, all work relabng to the project
The consultant shall be expected to ~ndemmfy the Agency, officers, employees or
agents and hold sa~d personnel harmless from any and all claims, habd~bes, obhgabons
and causes of acbon of whatever find or nature for injury to, or the death of any persons
or the damage or destrucbon of property dunng the term of the contract
Lynwood Redevelopment Agency - 6 - Off/ce Improvements-Redevelopment
RIGHTS OF THE AGENCY
The Agency reserves the right, at ~ts d~scret~on, to pursue any or all of the following
acbons related to th~s RFP
1 Issue addenda to the RFP
2 Request additional ~nformatlon and/or clar~flcabon of the proposal
3 Negobate an agreement solely on the basis of the original proposals
4 Negobate an agreement on the bas~s of additional information supplied
5
Reject, for any reason, any or all proposals, permit the timely correction of errors,
wmve minor dewabons or any ~nformahbes not affected by law, and accept or
reject all or part of any proposal as may be best considered to serve the
Agency's needs
6
Issue subsequent RFPs based on refinement of concepts proposed ~n response
to th~s RFP
CONTRACTUAL REQUIREMENTS
The selected firm shall be required to enter ~nto a written contract (professional service
agreement) w~th the Agency in a form approved by the Agency Attorney Please refer
to the enclosed sample professional service agreement.
SUPPLEMENTAL INFORMATION
None
Lynwood Redevelopment Agency - 7 - Office Improvements-Redevelopment
AGENDA STAFF REPORT
DATE
TO
APPROVED BY
PREPARED BY
February 21,2006
Honorable Chair & Members of the Agency ,¢~_
N Enrlque Martlnez, Execut,ve DlrectoCJ¢'/:'~',
K~rk Pelser, Intenm D~rector of Redevelopment
R~ta Mambusan, Redevelopment Assistant
SUBJECT REDEVELOPMENT PROJECTS UPDATE
Recommendation:
Staff recommends that Agency Members receive and file the attached report
which provides an update on the current Redevelopment Projects
Background & Discussion:
Th~s ~s the first of what staff proposes to be a quarterly status report regardCng
Redevelopment Projects Currently, Redevelopment Staff ~s worbng on fifteen
(15) open projects throughout Project Area "A", and there are no projects ~n the
Alameda Project Area Attached is a hst of these projects, a brief project update
and a map whmh ~denbfles the location of each ~nd~wdual project.
In March, 2004, the Redevelopment Agency adopted Developer Relabons and
Gu~dehnes, to estabhsh an outhne to be followed by staff for each project These
attached Gu~dehnes outline the necessary steps to be taken from project
concepbon, such as m~hal contact w~th the developer to basic concept approval,
and concluding with the approval of a DIspos~bon and Development Agreement
("DDA"), Owner part~c~pabon Agreement ("OPA") or other such agreement with
the Agency
Fiscal Impact'
None
Coordinated With:
Executive D~rector, F~nance and Legal Counsel
ATTACHMENT
RETAIL DEVELOPMENT
1
2
3
4
5
6
7
8
Plaza Mexico
Plaza Mexico Phase II
Long Beach Blvd East
Long Beach Burton
La Rumba Restaurant
Long Beach Hotel
Lynwood Auto Plaza
Long Beach Elizabeth
HOUSING DEVELOPMENT
9
10
11
12
13
14
15
Gertrude-Louise
Mobde Home Park Development
Redwood Homes
Fernwood Homes
Bu)hs-Fernwood
Whlspenng Glen
Tnangle Project
RETAIL DEVELOPMENT
1 PLAZA MEXICO
P~aza Mexico is located at 3100 Imperial Hwy This is a 36-acre project
~ncluslve of the Towne Center that Is comprised of a Food 4-Less Market,
Rite-Aid, supporting retad and the ex~st~ng Marketplace Shopping Center
Together these two centers include an open-air wllage type setting that
includes anchor tenants such as HomeTown Buffet, Chuck E' Cheese, La
Huasteca Restaurant and La Curacao
2 PLAZA MEXICO PHASE II
The Plaza Mexico Phase II Project encompasses the area bounded by State
Street on the east, Impenal Highway on the north and Fernwood Avenue on
the south as the larger part of the project The smaller part of the Plaza
Mexico II ENA includes the area bounded by Impenal Highway on the north,
Long Beach Boulevard on the east, Beechwood on the south and Peach
Street on the west Redevelopment Staff ~s currently holding b~weekly
meebngs w~th the Plaza Mexico Team ~n order to ensure that progress ~s
being made on both s~des Staff expects to have all of the appraisals for the
project by m~d February and M & D has been tasked with making an attempt
to negotiate purchase of the K & K S~te The uncertain status of the site's
extent of enwronmental contamination makes th~s process an ongoing one
The most recent bme esbmate for the K & K s~te owners to fully characterize
the s~te's problems Is March Overall, M & D ~s making strong progress
They have retained a senes of very good attorneys and consultants
Although it will take some time to get through the enwronmental matters,
M&D agreed to have their attorney prepare a first draft DDA for staff to
rewew M & D has also retained Henry Madnd to assist ~n their financial
analys~s and deal structuring
3 LONG BEACH EAST
The Long Beach Boulevard East Project consists of approximately 138,773
square feet of proposed mixed-use retail and resldenbal development The
Redevelopment Agency prewously selected Plaza Mexico as the Developer
for th~s project A Draft ENA has been prowded to Plaza Mexico and the
projects becoming part of the Redevelopment Staff and Plaza Mexico
Expansion Team b~weekly meetings
4 LONG BEACH/BURTON
The Long Beach Burton proposal was submitted by Premier Real Property
Holdings, LLC and is located on both the east and west sides of Long Beach
Boulevard, bordered by Burton Avenue on the north and Euclid Avenue on
the south The Proposal includes 136,900 sq ft of M~xed Retail and Office
Development An ENA was issued on June 7, 2005
5 LA RUMBA RESTAURANT
La Rumba Restaurant is a proposal submitted by Mr Jose Escobar Th~s
restaurant was formally located at the northwest corner of the Lynwood Plaza
and was part of the relocabon by the Lynwood School D~stnct, The project
proposal Is for a 6,900 square foot family restaurant to be located at the
northwest corner of Mart~n Luther K~ng Jr BIvd and Long Beach Blvd The
developer was ~ssued an ENA on June of 2004 The developer ~s negobabng
for the purchase of property owned by the Grace Family of Helen Grace for
the parcel located at the southwest corner of Long Beach Blvd and
Tecumseh Avenue
6 LONG BEACH HOTEL
The Long Beach Hotel ~s a proposal for a 180 room Hotel complex located on
Long Beach Blvd, and bounded by Mulford Avenue to the north and the 1-105
freeway to the South The Proposal was submitted by the Sunway Group of
O'~edand Park, KS and they were ~ssued an ENA tn December, 2004 In
June, 2005, correspondence was sent to Mr Culbertson of Sunway, ~nform~ng
h~m that because the requirements of the ENA had not been comphed w~th,
the ENA was considered terminated Subsequent attempts to contact the
developer have been unsuccessful
7 LYNWOOD AUTO PLAZA
Located at the 1-710 and P105 ~nterchange at the east end of the C~ty The
project ~s bounded by the 710 freeway on the east, the 105 freeway on the
south, Wright Road on the west and Wsta H~gh School on the north The
project proposal was submitted by VHB Associates The Developer has
submitted letters of interest from at least two new Auto Dealerships VHB's
proposal ~ncludes 20 acres of automobile related and other commercial uses
and 15 acres of res~denbal development The RFP process for an EIR
Consultant ~s in progress The Developer currently holds an ENA and ts
work~ng w~th staff to negobate terms for a DDA
8 LONG BEACH- ELIZABETH
The Long Beach Ehzabeth is a proposal submitted by Developer Chan Ku,
LLC for a 130,680 square foot shopping center located on the east s~de of
Long Beach Boulevard, bounded by Ehzabeth on the south and Marbn Luther
K~ng, Jr on the north Th~s particular development wdl be an expansion of
Mr Ku's ex~sbng development on Long Beach Boulevard at Alma Avenue
which ~s scheduled to open ~n late March of 2006
HOUSING PROJECTS
9 GERTRUDE/LOUISE
The Gertrude / Louise Housing Project ~s a proposal that was submitted by
R~ta Construction for the construction of approximately four s~ngle famdy
homes on Agency Owned Property Staff ~s currently working w~th the
Developer on an ENA
10 MOBILE HOME PARK DEVELOPMENT
Located at 4307 Carhn Avenue, developer Urban V~s~on wdl acquire the
ex~sbng mobde home park and redevelop the s~te w~th manufactured housing,
to be sotd to lease-purchasers at prices below current market for s~ngle-famdy
homes
11 REDWOOD HOMES
The Redwood Homes Project is being developed by Ray and Andy Patel of
R~ta Construction The project ~ncludes the construcbon of n~ne detached
s~ngle-famdy umts, three of which are designated affordable The Project is
located on Redwood Avenue just east of State Street and ~s 85% complete
12 FERNWOOD HOMES
The Fernwood Homes Project ~s a 42 single-family unit housing project,
located on Fernwood Avenue, bounded by Bulhs Road on the west and
Atlant,c Avenue on the east The Developer, Mr Herm~ho Franco was ~ssued
a D~spos~bon and Development (DDA) on August 22, 2003 F~ve of the umts
have been designated affordable
13 BULLIS-FERNWOOD
The Bulhs-Fernwood Project is a proposal from Rita Construcbon to construct
11-14 single family detached homes on Agency owned property Staff ~s
currently worklngwlth the Developer on an ENA The Exclusive Agreement
wdl designate twenty-percent (20%) of these homes as affordable
14 WHISPERING GLEN
The Wh~spenng Glen Housing Project Is located at the northwest comer of
Atlantic and Carhn Avenue The developer, AbelI-Helou Homes, LLC was
tssued a Dlspos~bon and Development Agreement on June 6, 2005 The
project consists of 46 detached s~ngle-famdy homes to be constructed ~ns~de
a gated community, rune of which are to be affordable Staff ~s currently
working w~th the developer on the acquisition of ex~st~ng homes and
businesses to assemble the project site
15 TRIANGLE PROJECT
The Triangle Project is located ~n the west port~on of the C~ty, and ~s bounded
by Alameda St to the west, Imperial Hwy to the south and Fernwood Ave to
the north The project is approximately 12 acres ~n s~ze and the current uses
are auto d~smanthng and pads sales The Agency currently has a D~spos~bon
and Development Agreement w~th Casa Grande Development, LLC to
construct a 120-umt S~ngle-Fam~ly Housing Development Project Design
Consultants has been retained to prepare necessary CEQA cleanng
documents and are currently worbng on an Imbal Study and traffic survey
Consultant fees wdl be pa~d through the Developers Deposit
Lynwood Redevelopment Agency
II.
III.
IV
V
Developer Relation Guidehnes
Lynwood Redevelopment Agency
Imbal Contact
A Interface w~th Staff
B Consultabon / Onentatlon
1 Goals and Development Opportun~bes
2 Statutory Role of Agency
3 Gu~dehnes Presented
4 Sample Letter of Interest
Letter of Interest
A
B
C
D
E
F
G
H
I
J
K
Request for Concept Approval
Scope of Development
Estimated Value
Tangible Benefits
Developer / Team Quahflcat~ons
F~nanc~al Pro Forma
Summary of F~nanc~al Commitments
Locabon / S~te Plans
Conceptual Elevabon
Typical or Illustrabve Floor Plans
Parbc~pabon Requested from the Agency
Prehm~nary Review
A Staff Rewew
1 Completeness
2 Consistency w~th Goals and Objecbves
3 F~nanc~al Feas~b~hty
B Agend~zed for Agency Cons~derabon
Basic Concept Approval
A Concept Approval ~s Not an Exclusive Right
B Affected Property Owners Nobfled
C Affected Property Owners G~ven Opportunity to Present Plan
D Cons~derabon of Compebng Proposals
Compebng Proposals
A Developer Select,on Committee
B Evaluabon Cntena
VI
VII
VIII
IX
Attainment of Agency Goals
A R~ght to Reject Proposals
B R~ght to Issue RFP
Planning Committee Review
A Any S~gmflcant Project w~th~n Project Area
B Coord~nabon w~th Other Committees
Exclusive Negotiations
A Add~bonal Informabon
B Staff Review
C Agend~zed for Agency Cons~derabon
D Terms of ENA
1 Negobabon Penod
2 Required Deposit
D~spos~bon and Development Agreement
A F~nal Terms Negobated
B Possible Joint Pubhc Heanng
C LRA Cons~derabon / Approval
D DDA / OPA Governs Relabonsh~p
DEVELOPER RELATION GUIDELINES
CITY OF LYNWOOD
REDEVELOPMENT AGENCY
INITIAL CONTACT
The ~mt~al ~nteract~on between the Lynwood Redevelopment Agency staff and
prospecbve developer shall ~nvolve a general onentabon to project plans Goals
and development opportumbes Add~bonally, the statutory role of the Agency ~n
d~recbng and ~mplemenbng the plan ~s to be explained to the prospecbve
developer If the developer elects to proceed, a Developer Letter of Interest
(DLt) addressed to the Agency's Execubve D~rector shall be required and shall
~nclude the following
a Ind~cabon of development ~nterest and request for basic concept
approval
b Scope of development, ~nclud~ng square footage totals, use and
number of parking spaces
c Esbmated development value (by square foot for land use subtotal)
d Summary of tangible benefits ~nclud~ng jobs, sales taxes and
property taxes accruing to the Agency
e Summary of developer quahflcat~ons, Includ~ng other members of
the development team
f Development financial pro forma
g Summary of financial commitments and capabd~t~es for the projects
h Locabon / s~te plans
Conceptual elevabon wews
Typical or dlustrat~ve floor plans
k Part~c~pabon requested from Agency, and
L~st of any and all projects developed
PRELIMINARY REVIEW
Once a letter of ~nterest ~s received, ~t is rewewed by Redevelopment, Planmng,
Pubhc Works and other departments for completeness and for consistency w~th
project goals, objectwes, development requirements and financial feas~bd~ty The
letter along w~th the accompanying materials ~s then presented to the
Redevelopment Agency for basic concept approval
BASIC CONCEPT APPROVAL
Basic Concept Approval ~s an indication from the Agency that the land use and
concept proposed are desirable, however, ~t ~s not an exclusive nght to negobate
If Basic Concept Approval ~s granted, affected property owners, if any, are
notified of the development interest and afforded a (30 day) period to state their
interest m their own proposals for development of their property and the Agency
w~ll afford the interested part,es w~th ample bme to submit
EXCLUSIVE NEGOTIATIONS
In the absence of compebng proposals or ~f the Agency elects to proceed w~th a
developer on exclusive bas~s, the developer shall submit additional mformabon to
staff for evaluabon ~nclud~ng
a Corporate and ~nd~v~dual tax returns for the past three (3) years
b Annual income statement and balance sheet for the past three years
audited by a Certified Pubhc Accountant (Not applmable to projects of
less than 30,000 square feet)
c Current ~ncome statement and balance sheet prepared w~th~n last
mnety days and audited by a Certified Pubhc Accountant (Not
apphcable to projects of less than 30,000 square feet)
d Name and address of band and bank off~cer where deveJoper conducts
business
e Ident~flcabon of collateral and/or personal corporate guarantee pledged
to project
f L~st of tenant commitments and any evidence thereof ~nclud~ng letters
of interest and lease agreements
g Permission to obtain law enforcement profile, and
h Ind~cabon as to whether corporation or pnnc[pals have ever filed
bankruptcy
After staff reviews the add~bonal ~nformabon for completeness, the enbre
proposal cons~sbng of all submissions shall be forwarded to Agency for
consideration of an Exclusive Negot~abon Agreement Staff shall recommend a
term for sa~d exclusive negobabons what w~ll lead to a D~sposlbon and
Development Agreement (DDA) or an Owner Parbc~patlon Agreement (OPA)A
good faith deposit shall be required from the developer ~n an amount based on
the following schedule
Developer shall be requ,red to deposit 5% of the Fair Market Value of the
proposed site for the first $1,000,000 of the Fair Market Value Thereafter,
Developer shall pay an additional 1% of the Fair Market Value as deposit
for any amount above the first $1,000,000 of Fair Market Value
Dunng the exclusive negobabon period staff shall pursue contract d~scusslons
and prepare legally required economic and enwronmental review documents
Only a D~spos~bon and Development Agreement (DDA) or Owner Parbc~patlon
Agreement (OPA) shall contractually obhgate both the Agency and developer to
the proJect
COMPETING PROPOSAL
Two or more proposals may receive Basic Concept Approval and compete for
the same s~te Under such a c~rcumstance, the Agency shall authorize staff to
~n~hate a Developer Selecbon Committee consisting and representahves from
vanous c~ty departments Each developer ~s to be nohfled that a select,on
process wdl be undertaken and afforded the opportumty to participate on a
compebbve bas~s The assigned staff person w~ll develop evaluabon cntena, the
date, bme and place to make their presentahon The evaluabon criteria shall
~nclude, but not be hm~ted to the following
a Development team quahflcat~ons,
b Project concept and architectural design features,
c T~m~ng,
d Agency financial requirements and benefits, and
e Tenant potenbal
Each developer's concept and associated documentation shall be provided to
selection committee members for rewew prior to the selechon ~nterv~ews If the
committee requires add~bonal informabon to a~d the decision making process,
th~s request shall be forwarded to the developer Upon conclusion of the
select~on process, the selecbon committee shall render its ranking for LRA
consideration Each proposal is considered proprietary and shall not be shared
w~th compehng interests Prospective developers shall not be prowded an
opportunity to view a compebtor's proposal dunng the committee's rewew
ATTAINMENT OF AGENCY GOALS
In order to attain the goals of the project area, the Agency reserves the nght to
~ssue, request for proposals, request for quahflcat~ons and otherwise market
project area s~tes Th~s may be done even ~f a proposal exists for a s~te and has
been granted basic concept approval The Agency further reserves the right to
reject all proposals ~f the Board determines such proposals wdl not sabsfactory
fulfill the goals of the Agency
PLANNING AND COMMITTEE REVIEW
The Redevelopment Department and any committee estabhshed by the Agency r
the Execubve D~rector, shall review development plans and spec~flcabons for any
project w~th~n a redevelopment project areas as officially designated by the C~ty
Councd, prowded that sa~d projects meet the following cnter~a
A
Construchon, relocation, alteration, rehab~htabon or expansion of
buddings or structures, which contain more than one thousand
(1,000) square feet floor area
B
Installabon of s~gns w~th advertising area which total more than one
hundred (100) square feet
DEVELOPMENT AGREEMENT NEGOTIATION
Following developer selecbon and the execubon of an Exclusive Negobabon
Agreement Staff wdl commence negobabon of a D~spos~hon and Development or
Owner Part~cipahon Agreement Cop~es of the conceptual plans shall be routed
to vanous c~ty departments for review and comment The developer pro forma
shall be rewewed by staff and/or an economic consultant to obtain a land reuse
value analys~s Staff shal~ m~t~ate the necessary environmental rewew m
comphance w~th apphcable laws
Once the terms of development are agreed upon, a contract ~s prepared and
taken under cons~derabon by the Agency and C~ty Council, approval of the
development agreements ~s accomphshed through a pubhc heanng, whereby
pubhc notice of the sale of land by the Agency to the developer is given If the
developer owns the enbre s~te, a joint public heanng ~s not required and all
documents are approved by LRA
After execubon, the DDA or OPA shall serve to govern future Agency / Developer
relabonsh~ps Each party shall perform respons~b~ht~es according to scheduie
assigned ~n the contract Upon fulfillment of all contract prows~ons, a Cert~hcate
of Complebon shall be recorded as ewdence of project comphance w~th the
Redevelopment Plan
CD
DATE
TO
APPROVED BY
PREPARED BY
SUBJECT
AGENDA STAFF REPORT
February 21, 2006
Honorable Chair and Members of the Lynwood
Redevelopment Agency
N Ennque Martmez, Executive D~rector/f'~-/
K~rk Pelser, Intenm D~rector of Redevelopment
EVALUATION OF PROPOSALS FOR DEVELOPMENT OF
COMMERCIAL/MIXED USE PROJECTS ALONG LONG
BEACH BOULEVARD BETWEEN MARTIN LUTHER KING,
JR BOULEVARD AND IMPERIAL HIGHWAY
Recommendation:
Staff recommends that the Agency consider the informat~on in this report and
direct staff to commence negotiations of an Excluswe Negotiation Agreement
(ENA) w~th one of the following two developers
· The Charles Company
· Kermam/Unwersal
Background:
The port~on of Long Beach Boulevard between Impenal H~ghway and Martin
Luther K~ng, Jr Boulevard (MLK) is an area of s~gnlflcant development interest as
demonstrated by recent commercial development on both the east and west
sides of the Boulevard The Charles Company has been interested m expanding
their development holdings beyond the Long Beach Pluma commercial project
that they completed m 2004 The Agency prewously entered into an ENA w~th the
Charles Company that covered both s~des of Long Beach Boulevard between
Imperial H~ghway and MLK That six month ENA was onglnally executed in
November 2004 It was extended for an additional three months and ultimately
expired m August 2005. During the t~me that the Charles Company ENA was in
place, other developers, recognizing the opportunity afforded by the matunng
Lynwood market, started to acquire land on both s~des of Long Beach Boulevard
One of these developers, the Kerman~/Umversal team, has developed the nearly
complete commercial project on the east side of Long Beach Boulevard between
Ehzabeth Avenue and Norton Avenue
Over the past five months, Agency staff has stayed m regular contact w~th both
development teams and has received and analyzed their res )ectlve project
proposals As noted above, the prewous Charles Company ENA z~;A~Led_both
AGEN A
s~des of Long Beach Boulevard However, due to Issues of project feas~bd~ty, our
current d~scuss~ons have focused upon the west side of Long Beach Boulevard
between Norton Avenue and Impenal H~ghway.
Analysis:
Both developers are seasoned and appear very capable of performing the tasks
necessary to ~mplement their respecbve projects However, ~t is Important to
note that staff's analys~s of the proposed projects has not been conducted on an
"apples to apples" bas~s Rather, these projects represent dCferent approaches
and v~s~ons and each have their own d~sbnct charactensbcs
The Charles Company Proposal
The Chades Company's project proposal features
Approximately 185,000 square feet of retad uses w~th one large (133,000
square feet) anchor tenant As proposed, the anchor tenant's budding
would be budt on a concrete podium w~th ground level parking beneath the
budding and one add~bonal level of subterranean parking.
· The balance of the project ~s compnsed of three smaller retail/restaurant
buddings ranging ~n s~ze from 5,700 - 11,250 square feet.
· The conceptual plan calls for all of the buddings to front along Long Beach
Boulevard w~th parbng m the rear area of the site
Implementabon of th~s project concept wdl hkely require a financial
contnbubon by the Agency Detads of th~s are addressed ~n the
Conslderabons secbon below
The Universal/Kermani Proposal
The Umversal/Kermanl project proposal features
· Approximately 112,000 square feet of retad and res~denbal uses ~n a
s~ngle s~x level budding.
The budding ~s orgamzed w~th retad/restaurant uses on the ground floor, a
concrete podium for parking on levels two and three and another two to
three levels of res~denbal uses above.
The conceptual plan call for the budding to onent toward the rear of the
's~te wKh the retail parbng component fronting along Long Beach
Boulevard
· Implementabon of this project concept ~s not hkely to require a financial
contnbubon by the Agency
Considerations
As mentioned above, these conceptual proposed projects are qu~te d~fferent from
one another Factors for the Agency Members to consider ~n determining
whether to award an ENA to one developer include, ~n no parbcular order, the
follow~ng
Based upon staff analysis and that of the RSG, the Charles Company
proposal wdl hkely require financial assistance from the Redevelopment
Agency Th~s would probably ~nclude the need to contribute roughly 25-
50% of the project's sales and property tax revenues to the developer over
thirty years and would also require some level of Agency contnbubon to
land costs of approximately $5-$8 per square foot All together, the
project might necessitate an Agency investment of $2md - $5mll It ~s
important to note that these financial projections are only esbmates at this
point in bme and should not be considered final It ~s doubtful that the
financial need would increase but it is possible that ~t might be lower
· The Charles Company proposal would require the developer, or Agency,
to acquire all of the land necessary to build
The Umversal/Kerman~ team currently owns more than half of the
development s~te and whde they would I~ke to acquire more land, they are
wdlmg to develop a smaller project solely on the land they currently own.
· The Umversal/Kerman~ team has ~nd~cated they w~ll not request any
financial contnbubon from the Agency.
Regardless of which Developer the Agency selects to enter into an ENA
w~th, ~t should be expected that the project concept wdl evolve as factors
such as zoning, design, elements to be ~mplemented from the Long Beach
Boulevard Specific Plan, market demand, etc come more clearly ~nto
focus As such, ~t ~s adwsable to evaluate the proposals on a very
conceptual bas~s and not as a "beauty pageant"
The Umversal/Kermam proposal offers a smaller project but one that can
be completed ~n a shorter period of bme than that wh,ch the Charles
Company proposes On the other hand, the Charles Company proposal ~s
more "b~g p~cture" and urban in ~ts onentabon Wh~le the Charles
Company's project wdl require an Agency financial contribution, the retad
tenants hkely to lease space there would be larger m size and would
reflect more national tenant types
Fiscal Impact:
The Agency costs of negobabng and entenng into an ENA are m~n~mal and
should not exceed $1,500 If an ENA ~s entered ~nto, the selected develop wdl be
reqmred to make a developer deposit of $30,000 to $40,000 to pay for Agency
costs dunng the ENA period
Coordinated With:
F~nance Depatment
Development Services
Agency Counsel
Attachments.
Charles Company S~te Plan
Universal/Kermam S~te Plan
IMPERIAL HIGHWAY
LYNWOOD, CA
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