ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY. AGENDA ITEM NO..~_~ March 31, 2009

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1 ALAMEDA COUNTY COMMUNITY DEVELOPMENT AGENCY REDEVELOPMENT AGENCY Chris Bazar Agency Director Eileen Dalton Red~JopmentDirector,',' 1 WeSI VV'''len Avenue Room: 10 liayward ~~"ljrfor~lia 94'j44 J)1., phone 510.6/05333 lax /4 AGENDA ITEM NO..~_~ March 31, 2009 March 17, 2009 Honorable Board of Directors Alameda County Redevelopment Agency Administration Building 1221 Oak Street Oakland, CA Dear Board Members: SUBJECT: AUTHORIZE AN AMENDMENT TO CONTRACT #2929 WITH URBAN FUTURES, INC. FOR THE PREPARATION OF A FEASIBILlTY ANALYSIS AND REDEVELOPMENT PROJECT AREA PLAN AMENDMENT FOR THE EDEN AREA REDEVELOPMENT PROJECT TO INCREASE THE CONTRACT FOR SERVICES BY $54,300 FROM $229,615 TO $283,915 AND EXTEND THE TERM OF THE CONTRACT FROM MARCH 31, 2009 TO AUGUST 31, 2010 RECOMMENDATION: Approve and authorize the first contract amendment to Contract No bctwecn thc Redevelopment Agency and Urban Futures, Inc. (Principal: Marshall Linn; Location: San Francisco) to expand the scope of scrviccs to include additional blight analysis for the timc extension ofeminent domain authority to thc Eden Area Redevelopment Project, extend the term of the contract from March 31,2009 to August 31,2010 and increase the amount from $229,615 to $283,915, an increase of $54,300. SUMMARYIDISCUSSION: In July 2008, your Board awarded Contract #2929 to Urban Futures, Inc. ("UFI ") to identify the feasibility to expand the territory oftbe Eden Area Redevelopment Project (Project Area) and if necessary prepare a subsequent Redevelopment Plan Amendment based on those findings. The County of Alameda Redevelopment Agency (Agency) is responsible for the administration of the Project Area, which was adopted by the Board of Supervisors in July 2000 and consists of five Sub-Areas: Castro Valley, Cherryland, Foothill, Mt. Eden and San Lorenzo. The scope of work will be performed in two phases. Phase I will include a preliminary blight analysis and financial feasibility analysis of the study area. The results of the feasibility analysis will determine ifexpanding the Project Area is viable. The feasibility analysis has already begun and is scheduled to be completed within the next 2 months. The Agency plans to return to the Board in the spring of 2009 to present these findings and make a recommendation regarding the likelihood of proceeding with Phase II, the preparation of the actual Plan Amendment. The timeline for completion of a fonnal

2 Board ofdirectors March 17, 2009 Page 20f2 Redevelopment Plan Amendment and required Environmental Review is approximately one year. As the contract is set to expire in March 2009, the Agency recommends extending the time ofthe contract to August 2010, to allow for sufficient time to complete the project. In addition, when the Redevelopment Plan for the Project Area was adopted in 2000, it included a provision to allow the Agency the use ofeminent domain authority to acquire commercial properties. California Redevelopment Law (CRL) requires that agencies adopting redevelopment plans that include eminent domain authority impose a time limit on this authority not to exceed 12 years from the adoption ofthe Redevelopment Plan. The Agency's eminent domain authority for the Project Area is set to expire in To date, the Agency has not exercised the power of eminent domain with respect to any real property located in the Project Area. The Agency has, at present, no plan to exercise eminent domain powers with respect to any specific property in the Project Area, but wishes to preserve that power in the event such exercise of eminent domain powers is consistent with the Redevelopment Plan objectives. The necessary field work required to identify that sufficient blight remains in the Project Area to allow for extension of eminent domain powers can be conducted simultaneously by UFI as it carries out the field work related to the Plan Expansion. A plan amendment for the extension ofeminent domain authority will be brought to the Board for consideration in summer The Agency therefore recommends increasing the scope ofwork for the contract by $54,300 to allow for completion ofthese services. SELECTION CRITERIA AND PROCESS: A Requestfor Proposal (RFP) was issued on December 26, 2007, posted on the GSA Current Contracting Opportunities website for 40 days and advertised in 15 local and ethnic newspapers. Two Networking Bidder's Conferences were held Only one response was receivedfrom GRC Redevelopment Consultants, Inc. On May 15, 2008, subsequent to the vendor selection process, the merger between UFI and GRC Redevelopment Consultants, Inc. became effective. UFI will sub-contract 20% ofthe work to WD Global Bridge (Principal: Liz Whitted Dawson; Location: Oakland; expiration 3/31/10) and Lamphier-Gregory (Principal: Joan Lamphier; Location: Oakland; expiration 6/30/09), two SLEB-certified businesses. The Agency will ensure that the vendors will become recertified under the SLEB program for the duration ofthe contract term. FINANCIAL CONSIDERATIONS: This contract will be funded with redevelopment tax increment generated from the Eden Area Redevelopment Project. There is no Net County Cost as a result ofthis action. Very truly yours, ~~ Chris Bazar, Executive Director Alameda County Redevelopment Agency cc: Susan Muranishi, County Administrator Richard Winnie, Office ofthe County Counsel Patrick O'Connell, Auditor-Controller U. B. Singh, CDA Finance Director Eileen Dalton, Director, Redevelopment Agency

3 Standard Agreement Amendment Reference is made to that contract made and entered into on the 15th day of June 2008, by and between the Redevelopment Agency of the County of Alameda (Agency) and Urban Futures, Inc. (Contractor). Said contract is herby amended: The contract amount shall be increased by $54,300 from $229,615 to $283,915 and the term of the contract shall be extended, from June 15, 2008 thru March 31, 2009 to June 15, 2008 thru August 31, 2010 for additional services related to the extension of Eminent Domain Authority. The Contractor shall continue to provide services related to the Redevelopment Plan Consulting Services as further outlined in the Agreement. IN WITNESS WHEROF, the parties hereto have executed this amendment this 31 st day of March REDEVELOPMENT AGENCY OF THE COUNTY OF ALAMEDA CONTRACTOR Urban Futures, Inc. By: By: ~ Alice Lai-Bitker, PRESIDENT Marshall Linn BOARD OF DIRECTORS President, UFI 3111 N. Tustin Suite 230 Orange, CA Tax Payer 1.0.: By: APPROVED AS TO FORM: Richard E Winnie, County Counsel ~4/'~ Brian Washington Date:

4 EXHIBIT A-2 ADDITIONS TO THE SCOPE OF WORK March 31, 2009 Eminent Domain Extension Task 7.5 a. b. c. d. e. f. g. EMINENT DOMAIN EXTENSION Prepare Work Schedule UFII GRC to augment its current work schedule to show eminent domain extension-related items Augment Program EIR Scope The scope of services for the currently contracted program environmental impact report will be expanded to include a discussion of the impacts of the eminent domain extension in the existing project area. Prepare Continuing Blight Analysis The continuing blight analysis for the existing project area will be prepared on parcelby-parcel basis in non-residential areas at the same time as the blight analysis for the added territory. The eminent domain blight analysis will be limited to the nonresidential portions of the existing project area and will focus on those elements that can only be remediated through parcel acquisition or assemblage. This will include non-conforming or obsolete parcel sizes, obsolete or dilapidated buildings, issues relative to access and circulation, and other related elements. Consult With Affected Community Groups The existing citizen participation budget will need to be augmented to include time addressing non-residential eminent domain issues, including drafting appropriate newsletter language. Prepare Redevelopment Plan Revisions UFIIGRC will prepare a revised Redevelopment Plan including necessary text changes to extend eminent domain. Public Notices Public notification of the eminent domain extension will be done as part of the public notification for the existing project area, but the description of the project and the breadth of the mailings will be widened. Prepare Ordinance and Other Resolutions Resolutions certifying the program EIR for the amendment, making necessary CEQA findings, approving and transmitting the Report to Board of Supervisors, and other matters as appropriate will be expanded to incorporate the eminent domain extension. The ordinance adopting the amendment also will be expanded to include the eminent domain amendment.

5 h. Hold Joint Public Hearing The Public Hearing for the territory amendment will be expanded to include the eminent domain extension. Only one hearing is anticipated in this regard. (The time involved in responding to objections will be billed on a time and materials basis, because the number and sophistication of objections is not known at this time.). i. Final Transmittals Required recordations for the territory amendment will be expanded to include the eminent domain amendment. MEETING ATTENDANCE UFII GRC will attend meetings in the Agency offices as necessary to complete this assignment. The meetings proposed for the territory addition will be expanded to include eminent domain-related issues. Currently planned and budgeted meetings should be sufficient. STAFFING The staffing and sub-consultants identified for the territory addition will also be assigned to the eminent domain amendment. PROJECT SCHEDULE UFlj GRC will attempt to complete the eminent domain amendment on the same schedule as the territory amendment, but additional field analysis may add several weeks onto the overall schedule.

6 .. EXHIBIT B-2 ADDITIONS TO THE FEE SCHEDULE March 31,2009 Eminent Domain Extension 1. UFII GRC will complete the Eminent Domain Extension Scope of Work for an additional fixed professional services fee of $48,800 with an additional contingency fee allowance of $5,500 to cover: Document printing costs Additional "Out of Pocket" travel costs such as car rental, fuel, overnight accommodations, and other travel related expenses. 2. The fee schedule for services performed for the Eminent Domain Extension Scope of Work will remain the same as outlined in Exhibit B-1 of the contract. 3. All out-of pocket expenses incurred by UFII GRC, including postage, travel, electronic data files, etc., or other funds expended by UFC IGRC to process the Amendment on the client's behalf will be invoiced at cost plus a 10% administration/handling fee.

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