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HomeMy Public PortalAboutA2010-05-18LRA°4 LY.y ~~~°e LYNWOOD REDEVELOPMENT AGENCY °~~~e 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262-3845 (310) 603-0220 gttpoAT~ Maria T. Santillan, Chair Aide Castro, Vice Chair Alfredo Flores, Member Jim Morton, Member Ramon Rodriguez, Member This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred fo on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Materials related fo an item on this Agenda submitted to the Agency Board affer distribution of the Agenda packet are available for public inspection at the Agency Secretary's office at the above address during normal business hours. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603- 0220, ext. 200. AGENDA LYNWOOD REDEVELOPMENT AGENCY MAY 18, 2010 REGULAR MEETING 5:00 P.M. LYNWOOD CITY HALL 11330 BULLIS ROAD MARIA T. SANTILLAN CHAIR AIDE CASTRO VICE CHAIR JIM MORTON MEMBER ROGER L. HALEY EXECUTIVE DIRECTOR ~vl~,j ~dS~'~eo~ R~~~~V~D CITY C1F L`(N+Isiti3C/G CITY CLERKS CFFICE Mo,r,A Qvc noy, ~Z C•~Yy ~ I~~ 1< ~y ~• d' ALFREDO FLORES MEMBER RAMON RODRIGUEZ MEMBER FRED GALANTE AGENCY COUNSEL ~~~r-~°d LYNWOOD REDEVELOPMENT AGENCY ~~~ c'~4 11330 BULLIS ROAD LYNWOOD, CALIFORNIA 90262-3845 (310) 603-0220 gLIFOB~ Maria T. Santillan, Chair Aide Castro, Vice Chair Alfredo Flores, Member Jim Morton, Member Ramon Rodriguez, Member This Agenda contains a brief general description of each item to be considered. Copies of the Staff reports or other written documentation relating to each item of business referred to on the Agenda are on file in the Office of the City Clerk and are available for public inspection. Materials related to an item on this Agenda submitted to the Agency Board after distribution of the Agenda packet are available for public inspection at the Agency Secretary's office at the above address during normal business hours. Any person who has a question concerning any of the agenda items may call the City Manager at (310) 603- 0220, ext. 200. AGND/4 LYNWOOD REDEVELOPMENT AGENCY MAY 18, 2010 REGULAR MEETING 5:00 P.M. LYNWOOD CITY HALL 11330 BULLIS ROAD MARIA T. SANTILLAN CHAIR AIDE CASTRO VICE CHAIR JIM MORTON MEMBER ROGER L. HALEY EXECUTIVE DIRECTOR ~~~~~~ 1 ~ CiRI"~~ 1= ~e~~";~~~~7~ CITY° CLE~1~5 01°FICE ALFREDO FLORES MEMBER RAMON RODRIGUEZ MEMBER FRED GALANTE AGENCY COUNSEL OPENING CEREMONIES: A. Call Meeting to Order B. Roll Call (FLORES-MORTON-RODRIGUEZ-CASTRO-SANTILLAN) C. Certification of Agenda Posting by Secretary PUBLIC ORAL COMMUNICATIONS (Regarding Agenda Items Only) PUBLIC ORAL COMMUNICATIONS CONSENT CALENDAR All matters listed under the Consent Calendar will be acted upon by one motion affirming the action recommended on the agenda. There will be no separate discussion on these items prior to voting unless members of the Agency or staff request specific items are removed from the consent calendar for separate action. 1. RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF LYNWOOD, CALIFORNIA, ALLOWING AND APPROVING THE DEMANDS AND WARRANTS. 2. AUTHORIZATION OF THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM Comments: The Agency currently operates a Housing Rehabilitation Program (Rehab program) which is on track to exceed the previous year production of repairs for owner- occupied homes. The Rehab program is in very high demand but there are insufficient funds and staff members to meet the high demand. The Agency also receives calls on a regular basis for first time homebuyer down payment assistance. Although the Agency had operated a program in the past, due to the fast appreciation of homes, the program became dormant. With the reduction in home prices, a down payment assistance program for lower income families becomes feasible to implement. Atypical family of four can earn up to $63,450 and still qualify for down payment assistance. The median income of Lynwood residents is $45,335 and thus there is a ready pool of potential Lynwood applicants. The CALHOME Program has two elements, an owner occupied housing rehab program and a down payment assistance program. If authorized, Staff would apply for $1,000,000 to conduct both programs within the City. Recommendation: Staff recommends that the Agency consider and adopt the attached resolution entitled "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM." 3. AUTHORIZATION OF THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM. Comments: The Agency entered into an agreement with Habitat for Humanity of Greater Los Angeles to build 10 homes at 4237 Imperial Highway (Imperial project) and three homes at 3254 Palm (Palm). Although the Agency only paid $455,000 for the development of the Imperial project, part of the expectation for the payment of the balance of the development costs was that the Agency would apply for BEGIN funds. The purpose of the BEGIN funds is to provide down payment assistance loans to qualifying first-time low and moderate income buyers in BEGIN projects. The other purpose of BEGIN funds is to reduce local regulatory barriers to affordable ownership housing. In the current project the City has already approved a relaxation of the requirement for garages while exceeding the project parking requirements. If the City is approved, the BEGIN program could contribute up to $300,000 to the 4237 Imperial Project and $90,000 to the Palm project. The BEGIN program is accepting applications now and will stop accepting applications when the funds run out. Recommendation: Staff recommends that the Agency consider and adopt the attached resolution entitled "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR 3 FUNDING UNDER THE BEGIN PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM." 4. APPROVAL OF AN AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND GLEN CAMPORA TO PROVIDE REDEVELOPMENT HOUSING AND PROJECT SERVICES Comments: On June 2, 2009, the Agency authorized staff to issue and RFP for the purpose of retaining a qualified consultant to serve as a redevelopment housing and project specialist pursuant to the March 17, 2009 Stipulation and Order settling certain litigation claims brought against the Agency. After review of the proposals, Special Agency Counsel and attorneys representing the plaintiffs recommended that Glen A. Campora be retained to provide the scope of services in the RFP. On August 4, 2009 a consulting services agreement between the Agency and Glen A. Campora was approved. An extension of the contract to is requested to complete the services. Recommendation: Staff recommends that the Agency adopt the attached resolution entitled: "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD APPROVING THE AMDNEMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND GLEN A CAMPORA TO PROVIDE REDEVELOPMENT HOUSING AND PROJECT SPECIALIST SERVICES." CLOSED SESSION NONE ADJOURNMENT THE NEXT REGULAR MEETING WILL BE HELD ON June 1, 2010 AT 5:00 P.M. AT BATEMAN HALL, ROOM 2, 11331 ERNESTINE AVENUE, LYNWOOD, CALIFORNIA. ~Y `~`~~~`' AGENDA STAFF REPORT -,; DATE: May 18, 2010 TO: Honorable Chairperson and Members of the Agency Board APPROVED BY: Roger L. Haley, Executive Director (tom PREPARED BY: Robert S. Torrez, Assistant City Manager -Administrative & Community Services Monica Ochoa, Accounting Technician SUBJECT: Approval of the Warrant Register Recommendation: Staff respectfully recommends that the Agency Chairperson and Board Members approve the warrant register for Fiscal Year 2009-2010. Attached Warrant Register dated May 18, 2010-------------- AGENDA ITEM CO (O N ~ O (O U7 ? can can c\n c~ p c\n can ~ c w ~ ~ N O N O N O N S O~ N O N O _ O O O O~ O O O O O O~ O O O O W ~ a ~ 7 W ~ ~ N A ~ O J m ~ n o a = m ~ ~ m o p ~ c m m O D z z m ~ z ~ ~ O m ~ O r O n ~ m D O ~ 0 D z ~ m ~ m z O ~ ~ D O m ~ r ~ O z ~ m m r m CIt N O A ? A V ~ A N N W ~ ~ U7 O ~ ~ ~ O O O O O N w w N O O O O W W m m v X J O V A W O N N IS cn cn N N t O O < O O W CO)i ~ v O ~ N OD n z ~ v O ~ r ~ c z o ~ 0 0 O O W ~ N ~ o < ~ W cn j ~ 3 i ~ W y r ~ ~ c ' a ~ N 0 o •* w ~ 6 V ~ ~ N ~ W D ~ ~ ~ ~ ~~ ~ °o °o °o °o °o o° ~ °w rn o°o o°o rn rn a0o cv'n o w ~ ~ co D m T cD ~ co A co C7 co D co co n m co ~ cD m ~ cD ~ p cJi, ~ cJn m ~ m ~ _ ~ ~ ~ ~ coi+ ~ O ~°„ con m ~ ~ m ~ D H N~ N Z N~ N N N T7 N N C N N~ N N~ N~ ~ V m v~ J W J Z7 V~ ~! D ~! v~ v V W v .~ W v ~ o~ o m o o m o 0 0~ o o m o 0 0 0 o m -' w p iw ~ ao X ao z a ~ a m bo 00 ~ o0 0o X bo ao X is m •• N~ o m o~ o~ o C o~ o 0 0 0~ o o ~ rn z o D ~ ~ ~ ~ ~ ~ ~ ~ b~ ~ h~ m ~ ~ b~ ~ o~ C o~ o~ < o~ a~ m b~ hi m oo m m J y o z a y a p a G7 a p. c7 0 o z o o z cn ~ ~ ~ n~i ~ °o ~ oA ~ ~ z ° c cWO ~ ~ rn °o ~ rn °o ~ ~ ~ ~ w ~ _~ v ~ m cn ~ co cfl cn .~ -~ cn ~ -~ ~ o ~ n D ~ ~ m z z p m m m .. ~ n ~ ~ ~ 0 z ~ W Or m D m ~ ~ ~ -~ ~ ~ ~ C ~ ~ ~ ~ m A w N A A ~ N N O O O .a ~ W W V 01 O tD V O ~~ D CJI U7 00 OD V ~I ~ 0 0 N N V ~I W V W O O 3 l0 CO W W N N N N A O O V J ~ V (1i J Cr (O W O O O O O O1 O OD O -+ pf CT ~O (O OD (O CO 00 U7 O U1 N O O ~ G O O O ? 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N ~ ~ -a A t0 t0 (O W W ~ A W ~1 V ~I a W ~ ~ A ~ ~ ~ ~ N ~ J J O - U i ( Ji ~ O C G O s ~ -~ ? O O O O ~ ID O O O W W W. -~ O O O O , .~ ca N N i^ ~~,~`~ °~,`, ACaEiV®A STAFF REPORT ~~~j~ ~._~~ DATE: May 18, 2010 TO: Honorable Chair and Agency Members APPROVED BY: Roger L. Haley, Executive Director ~``~' PREPARED BY: Sarah Magana Withers, Director of Redevelop H. Ernie Nishii, Housing Manager SUBJECT: Authorization of the Submittal of an Application to the California State Department of Housing and Community Development for Funding under the CALHOME Program; t the Execution of a Standard Agreement if Selected for Such Funding and Any Amendments Thereto; and Any Related Documents Necessary to Participate in the CALHOME Program Recommendation: Staff recommends that the Agency consider and adopt the attached resolution entitled "A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM." Background: On April 19, 2010, California Housing and Community Development Department sent a notice of availability of funds to promote homeownership. The Notice allows an Agency to apply for a competitive grant for up to $1 million out of the $50 million fund to pay for a first time homebuyer down payment assistance program and a owner occupied rehabilitation program. The maximum of funding per any unit of housing is $60,000. In order to be eligible for the competitive grant, the Agency must have operated a housing program two years within the last four years. The complete application is due no later than 5:00 p.m., June 25, 2010. AGENDA ITEM Discussion & Analysis: The Agency currently operates a Housing Rehabilitation Program (Rehab program) which is on track to exceed the previous year production of repairs for owner-occupied homes. The Rehab program is in very high demand but there are insufficient funds and staff members to meet the high demand. If the Agency were able to acquire these competitive CALHOME funds, the Agency would be able to reduce the wait time for rehabilitation and increase housing rehabilitation production. In order to maximize the number of homeowners it serves, Staff will reduce the maximum rehab amount for any particular homeowner to $50,000. The Agency also receives calls on a regular basis for first time homebuyer down payment assistance. Although the Agency had operated a program in the past, due to the fast appreciation of home prices, the program became dormant. With the reduction in home prices, a down payment assistance program for lower income families becomes feasible to implement. A family of four can earn up to $63,450 and still qualify for down payment assistance. The median income of Lynwood residents is $45,335 and thus there is a ready pool of potential Lynwood applicants. Due to housing prices in Lynwood, Staff will create a program enabling residents to request the maximum down payment assistance of $60,000. - Fiscal Impact: There is no current fiscal impact from the approval to apply for grant funds. If the grant is approved, staff time will be necessary to administer the program. Coordinated With: Finance Department City Attorney 2 RESOLUTION NO. A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE CALHOME PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE CALHOME PROGRAM WHEREAS, the Lynwood Redevelopment Agency ("Agency"), a duly authorized governmental entity of the City of Lynwood, wishes to apply for and receive an allocation of funds through the CALHOME Program; and WHEREAS, the California Department of Housing and Community Development (hereinafter HCD) has issued a Notice of Funding Availability ("NOFA") for the CALHOME program established by Chapter 14.5 of the Health and Safety Code (the "statute"), pursuant to which HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature to the CALHOME Program, subject to the terms and conditions of the statute and the CALHOME Program guidelines adopted as amended by HCD; and WHEREAS, the Lynwood Redevelopment Agency wishes to submit an application to obtain from HCD an allocation of CALHOME Program funds in the amount of $1,000,000 which is the maximum allowed fora jurisdiction of Lynwood's size. NOW THEREFORE, THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA DOES HERBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1: That the Agency authorizes the Executive Director or the Chair to submit to HCD an application to participate in the CALHOME Program in response to the NOFA issued on April 19, 2010 which will request a funding allocation for the following activities: a. Owner Occupied Housing Rehabilitation Program. b. First Time Homebuyer Down Payment Assistance Program. The activities shall be conducted within the Lynwood Redevelopment Agency jurisdictional area. Section 2: If the application for funding is approved, the Lynwood Redevelopment Agency hereby agrees to use the CALHOME Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program guidelines cited above. The Executive Director also may execute any and all other instruments necessary or required by HCD for participation in the CALHOME Program. Section 3: The Lynwood Redevelopment Agency authorizes the Executive Manager to execute in the name of the Lynwood Redevelopment Agency the application, the. Standard Agreement, and all other documents required by HCD for participation in the CALHOME Program, and any amendments thereto. Section 4: This Resolution shall take effect upon approval and adoption of the Resolution. PASSED, APPROVED and ADOPTED this 18th day of May 2010. Maria T. Santillan Chair ATTEST: Maria Quinonez Secretary Roger L. Haley Executive Director APPROVED AS TO FORM Fred Galante Agency Counsel APPROVED AS TO CONTENT: Sarah M. Withers Director of Redevelopment 2 ~`, 'r~ ~J,~. AGEIV®A STAFF REPORT ~~ r/ ~ ~~(: ,~~, DATE: May 18, 2010 TO: Honorable Chair and Member of the Agency APPROVED BY: Roger L. Haley, Executive Director PREPARED BY: Sarah Magana Withers, Director of Redevelopmen H. Ernie Nishii, Housing Manage SUBJECT: Authorization of the Submittal of an Application to the California State Department of Housing and Community Development for funding under the BEGIN Program; the Execution of a Standard Agreement if Selected for Such Funding and Any Amendments Thereto; and Any Related Documents Necessary to Participate in the BEGIN Program Recommendation: Staff recommends that the Agency consider and adopt the attached resolution entitled, "A Resolution of the Lynwood Redevelopment Agency Authorizing the Submittal of an Application with the California State Department of Housing and Community Development for Funding under the BEGIN Program; the Execution of a Standard Agreement if Selected for Such Funding and any Amendments Thereto; and any Related Documents Necessary to Participate in the CALHOME Program." Background: On April 19, 2010, California Housing and Community Development Department sent a notice of availability of funds for the BEGIN Program to promote homeownership. The purpose of the BEGIN Program is to reduce local regulatory barriers to affordable ownership housing. and provide down payment assistance loans to qualifying first-time low and moderate income buyers of homes in BEGIN Projects. The BEGIN funds can be utilized for land acquisition, predevelopment costs, and on-site improvements. The BEGIN funds will then convert into individual mortgage assistance loans which are repaid when the lower income household re-sells the home. The maximum of funding per any unit of housing is 20% of the sales price which will be the requested amount for two projects located at 4237 Imperial Highway and 3254 Palm Avenue. The BEGIN funds is an over-the-counter program which means that applications are being taken on a daily basis. When the funds are depleted, no further AGENDA ITEM BEGIN funds is an over-the-counter program which means that applications are being taken on a daily basis. When the funds are depleted, no further applications will be accepted. $40 million dollars has been allocated to this program. Discussion & Analysis: Currently the only potentially eligible project for this grant is the project located at 4237 Imperial Highway and 3254 Palm Avenue. The Agency entered into an agreement with Habitat for Humanity of Greater Los Angeles to build 10 homes at 4237 Imperial Highway (Imperial project) and 3 homes at 3254 Palm Avenue (Palm). Although the Agency only authorized $455,000 for the development of the Imperial project, the Loan Agreement expects the Agency to apply for BEGIN funds to fund a larger portion of the construction of the homes. If the application for funds is approved, the BEGIN program could contribute up to $300,000 to the 4237 Imperial Project and $90,000 to the Palm project. The City and Agency have also worked to appropriately reduce barriers to affordable housing and believe that the project will qualify for funds. Fiscal Impact: There is no current fiscal impact from the application for BEGIN funds. There may be a positive impact on the housing budget if 3254 Palm is approved for BEGIN funds. Coordinated With: City Attorney 2 RESOLUTION NO A RESOLUTION OF THE LYNWOOD REDEVELOPMENT AGENCY AUTHORIZING THE SUBMITTAL OF AN APPLICATION WITH THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE BEGIN PROGRAM; THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM WHEREAS, the Lynwood Redevelopment Agency ("Agency"), a duly authorized governmental entity of the City of Lynwood, wishes to apply for and receive an allocation of funds through the BEGIN Program; and WHEREAS, the California Department of Housing and Community Development (hereinafter HCD) has issued a Notice of Funding Availability ("NOFA") for the CALHOME program 50860 through 50866 of the Health and which the statute, HCD is authorized monies made available by the State Lei to the terms and conditions of the stat adopted as amended by HCD; and established by Chapter 14.5, Sections Safety Code (the "statute"), pursuant to to approve funding allocations utilizing lislature to the BEGIN Program, subject ate and the BEGIN Program guidelines WHEREAS, the Lynwood Redevelopment Agency wishes to submit an application to obtain from HCD an allocation of BEGIN Program funds. NOW THEREFORE, THE LYNWOOD REDEVELOPMENT AGENCY OF THE CITY OF LYNWOOD, CALIFORNIA DOES HERBY FIND, ORDER, AND RESOLVE AS FOLLOWS: Section 1: That the Agency authorizes the Executive Director or the Chair to submit to HCD an application to participate in the BEGIN Program in response to the NOFA issued on April 19, 2010 which will request a funding allocation for the following activities: a. The development and construction of 4237 Imperial Highway, Lynwood, California 90262. b. The development and construction of 3254 Palm Avenue, Lynwood, California 90262. c. An eligible project located in the City of Lynwood in excess of 3 units targeted towards new, moderate income housing development. Section 2: If the application for funding is approved, the Lynwood Redevelopment Agency hereby agrees to use the BEGIN Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program guidelines cited above. The Executive Director also may execute any and all other instruments necessary or required by HCD for participation in the BEGIN Program. Section 3: The Lynwood Redevelopment Agency authorizes the Executive Director to execute in the name of the Lynwood Redevelopment Agency the application, the Standard Agreement, and all other documents required by HCD for participation in the BEGIN Program, and any amendments thereto. Section 4: This Resolution shall take effect upon approval and adoption of the Resolution. PASSED, APPROVED and ADOPTED this 18th day of May 2010. Maria T. Santillan Chair ATTEST: Maria Quinonez Secretary APPROVED AS TO CONTENT: Roger L. Haley Executive Director APPROVED AS TO FORM Fred Galante Agency Counsel APPROVED AS TO CONTENT: Sarah M. Withers Director of Redevelopment 2 :i1 I k ._ ~F`'~y~~t ~~,~ AGENDA STAFF REPORT '~` ~. y .~,.n~ _- DATE: May 18, 2010 TO: Honorable Chair and Members of the Agency APPROVED BY: Roger L. Haley, Executive Director'` ~I PREPARED BY: Sarah M.'Withers, Director of Redevelopmen SUBJECT: Approval of an Amendment to the Consulting Services Agreement between the Lynwood Redevelopment Agency and Glen Campora to provide redevelopment housing and Project Services Recommendation: Staff recommends that the Agency adopt the attached amendment entitled: "AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND GLEN A. CAMPORA TO PROVIDE REDEVELOPMENT HOUSING AND PROJECT SPECIALIST SERVICES." Background: In December 2006, a Complaint was filed against the City of Lynwood ("City") and the Lynwood Redevelopment Agency ("Agency") alleging various violations of municipal and redevelopment law, respectively. On March 17, 2009, the Lynwood Redevelopment Agency approved a Stipulation and Order ("Settlement Order) settling certain litigation claims brought against the Lynwood Redevelopment Agency. The Court subsequently found that Lynwood was not in violation of any laws; however it concluded that the Agency should have and must record and account for receipt and use of tax increment revenue in a more detailed fashion. Included in the Stipulation and Order, is the retention of a consultant to serve as a Redevelopment Specialist to audit the Agency's compliance with inclusionary housing, replacement housing obligation, 20 percent set aside for low to moderate income housing funds, and timely expenditure of the housing funds. On June 2, 2009, the Agency authorized staff to issue an RFP for the purpose of retaining a qualified consultant to serve as a redevelopment housing and project specialist pursuant to the March 17, 2009 Stipulation and Order. After review of the proposals, Special Agency Counsel and attorneys representing the plaintiffs recommended that Glen A. Campora be retained to provide the scope of services in the RFP. On August 4, 2009 a consulting services agreement between the Agency and Glen A. Campora was approved. An extension of the contract to March 15, 2010 was approved and the Housing Advisory Report was completed. The settlement proposal requires that to the extent that any housing obligations exist, all such obligations must be satisfied by March, 2015 by the Agency. The Settlement Agreement also requires that the Agency Housing activities be monitored for a period of five (5) years. This amendment is being proposed in order to fulfill the terms and will increase the total cost of the original contract. Discussion & Analysis: The Redevelopment Specialist is responsible for conducting a comprehensive review of the Agency's Inclusionary Housing Obligations and Replacement Housing Obligations, consistent with applicable California Redevelopment Law and preparing an Advisory Housing Report. The Advisory Housing Report ("Report") includes the Redevelopment Specialist's opinion as to the Agency's Inclusionary Housing Obligations and Replacement Housing Obligations. In addition, the Report contains the Redevelopment Specialist's opinion as to any Excess Surplus and Affordability Covenant obligations consistent with the Settlement Order. The Redevelopment Specialist submitted a Report to the parties with opinions as to any additional replacement and inclusionary housing obligations required of the Agency, as well as the appropriateness or inappropriateness of the expenditure of funds by the Agency from the Housing Fund. If the findings in the Report and the supporting opinions are acceptable to the parties, the findings will become a part of a Court Judgment, binding on the parties. Any findings in the Report that are not acceptable to the parties, would be decided by the Court in the event that the parties could not otherwise agree to a compromise Furthermore, the Settlement Agreement requires that the Agency Housing activities be monitored for a period of five (5) years. Therefore, this amendment is being proposed in order to fulfill the terms and will increase the total cost of the original contract. Mr. Campora recently returned to full time employment with the State Department of Housing and Community Development. His future availability to prepare reports on the status of compliance with the settlement agreement is thus in doubt. However, the next status report is due within the next month and in order to timely prepare that report, extending the contract with Mr. Campora is 2 necessary in the near term. Therefore, staff recommends extending the contract with Mr. Campora to June 30, 2010 and increasing the cost of the contract by $7,600 to cover that work. Staff will seek out another consultant to prepare future status reports on compliance with the settlement agreement. Fiscal Impact: The fiscal impact associated with the amendment of the consulting services agreement will not increase the original cost of the contract which is $73,250. This cost is included in the FY 10-11 Budget for the Agency. Coordinated With: Agency Counsel City Manager's Office Finance Department Attached: Amendment to the Consulting Services Agreement AMENDMENT TO THE CONSULTING SERVICES AGREEMENT BETWEEN THE LYNWOOD REDEVELOPMENT AGENCY AND GLEN A. CAMPORA TO PROVIDE REDEVELOPMENT HOUSING AND PROJECT SPECIALIST SERVICES This Amendment to Consulting Services Agreement ("Amendment") is entered into this 18th day of May, 2010, by and between the Lynwood Redevelopment Agency ("Agency"), a public body, corporate and politic, and Glen A. Campora, an individual ("Consultant"). Agency and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as the "Parties." RECITALS WHEREAS, Agency and Consultant entered into the Consulting Services Agreement on August 4, 2009 (the "Agreement"); and WHEREAS, it has become necessary to extend the term of the contract and the deadline for completion of required services to be performed by Consultant pursuant to the Agreement; NOW, THEREFORE, the Parties to the Agreement agree as follows: Section 2 of the Agreement is hereby amended to -read as follows: 2. Term of Agreement. The term of this Agreement shall commence on August 4, 2009 (the "Commencement Date") and shall terminate on June 30, 2010 (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement. 2. Paragraph 1 under the heading of "Scope of Services" in Exhibit A to the Agreement is hereby amended to read as follows: 1. The Specialist's duties will include the monitoring of Agency housing activities as required under the Rogel Settlement Agreement, for a period of five (5) years ending on June 30, 2010. 3. The section of Exhibit A to the Agreement under the heading of "Time of Performance" is hereby amended to read as follows: The term of this Agreement shall commence on August 4, 2009 (the "Commencement Date") and shall terminate on June 30, 2010 (the "Termination Date"), unless sooner terminated pursuant to the provisions of this Agreement. 4. All insurance requirements set forth in the Agreement apply throughout the term of the Agreement as extended by this Amendment. 5. Except as expressly set forth in this Amendment, the Agreement remains in full force and effect as of the date of this Amendment. AGENCY: LYNWOOD REDEVELOPMENT AGENCY, a public body corporate and politic gy: Maria Santillan, Chair ATTEST: AGENCY SECRETARY By: Maria Quinonez APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP gy: Fred Galante, Agency Counsel CONSULTANT: GLEN A. CAMPORA, an Individual gy: Glen A. Campora Date 2 Glen A. Campos, Housing and Redevelopment Consultant Proposal to Perform "Administrator" Tasks Required by Paragraph 21 of Rogel Court Order ADMINISTRATOR TASKS PROPOSED TO BE PERFORMED: • Assist in monitoring and implementing compliance with the development of Inclusionary and Replacement Dwelling Units required pursuant to the Settlement Agreement and the Rogel Court Order. Determine and report progress from reviewing and verifying evidence regarding development of required Inclusionary and Replacement Dwelling Units, including whether the Agency has: - entered into agreements or contracts for the development of required dwelling units, - provided assistance necessary for the procurement of development entitlements for required dwelling units, - established a schedule for completion, - recorded ,affordability covenants, - issued completion certificates or an equivalent instrument - monitored affordability covenants on dwelling units pursuant to Health & Safety Code 33418. • Verify any required deposits to the Low and Moderate Income Housing Fund. Issue report(s) to the Court and Parties on the Redevelopment Agency's progress toward meeting all of the terms of the Rogel Court Order and Stipulated Agreement. Progress Report(s) will address agency actions and accomplishments over the period beginning from the end date covered by the previous Progress Report and ending on the interval date covered by the current Progress Report. Glen A. Campos: 8622 Banff Vista Drive, Elk Grove, CA 95624 (gcampora@frontiernet.net) (916.747-4896) Glen A. Campos, Housing and Redevelopment Consultant Proposal to Perform "Administrator" Tasks Required by Paragraph 21 of Rogel Court Order COMPENSATION SCHEDULE (Estimate for 1 Progress Report) Billing for services to be based on task completion. ESTIMATED TOTAL HOURS ($150 TASKS (performed by Contractor) (Contractor) Hourly) 1. Design Questionnaire for Agency to Identify Agency Actions and Accomplishments 2 2. Review Completed Questionnaire and Confer with Agency Staff 3 3. Make Applicable Revisions to Agency Responses to Questionnaire and Review with Agency Staff 4 4. Sample Documentation and Evidence to Review and Verify Agency Actions and Accomplishments 14 5. Draft Report of Findings and Progress 6 6. Conduct Exit Conference with Agency Staff 1 7. Finalize and Issue Progress Report 4 Tasks Sub Total 34 $5,100 TRAVEL Airfare (roundtrip) $350 $350 Rental car (4 days) $200 $200 Lodging (3 nights) $450 $450 Per Diem (4 days) $150 $150 Travel Sub Total $1,150 INSURANCE (required by Lynwood) Professional Insurance (Omissions & Errors) $1,020 Business Insurance (auto/liability) $330 Insurance Sub Total $1,350 TOTAL $7,600 PROFESSIONAL STANDARDS: Work performed under this proposal will meet professional standards. No charge will be made to correct errors in the report or revise the report for any applicable omissions. Glen A. Campos: 8622 Banff Vista Drive, Elk Grove, CA 95624 (gcampora@frontiernet.net) (916.747-4896)