87-051 Goldfarb & Lipman, Contract for Redevelopment Legal Consulting Services •r�
CONTRACT FOR REDEVELOPMENT
LEGAL CONSULTING SERVICES
SECTION 1 . PARTIES AND PURPOSE
Section 1. 1 Parties . THIS AGREEMENT is entered into as of
this 1st day of May, 1987, by and between the CITY OF
CUPERTINO, a municipal corporation, hereinafter referred tows
the "City" , and GOLDFARB & LIPMAN, a partnership, hereinafter
referred to as the "Contractor" .
Section 1.2 Purpose. The City has directed the creation of
a redevelopment agency and the development of an initial
redevelopment feasibility study for the Vallco Park/Riconada
area. The City desires to retain the Contractor to provide
special legal and consulting services in connection with the
performance of these tasks, as more particularly set forth in
the letter proposal (hereinafter Exhibit "A") from Contractor
to City dated March 5, 1987, attached hereto as Exhibit A and
by this reference incorporated herein.
SECTION 2. SCOPE OF SERVICES •
Section 2.1 Basic Services. During the term of this
Agreement, the Contractor shall provide legal and consulting
services as more particularly set forth in Exhibit "A" .
Section 2.3 Schedule. The schedule for the performance of
Contractor' s Scope of Services shall be as outlined on page 9
and on the PERT Chart of Exhibit "A" .
SECTION 3. COMPENSATION
Section 3 . 1 Basic Fee. The Contractor shall be compensated
as follows for the provision of all services other than those
services set forth in Section 3 .2: the City shall pay the
Contractor a fee of $13, 000 for the performance of the
services outlined in this Agreement. The fee shall be payable
one-half ($6, 500) within thirty days of the execution of this
Agreement, and one-half ($6, 500) upon submission to the City
of the final product set forth in Exhibit A.
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Section 3.2 Copies of Documents; Reimbursement. As part of
the basic services covered by the basic fee set forth in
Section 3 .1., the Contractor shall provide the City with an
original and ten copies of all documents and reports required
to be prepared. The Contractor shall provide additional
copies of documents and reports at the direction of the City,
and shall be reimbursed for the costs of such additional
copies at the rate of $0 . 10 per page (such amount to be in
addition to the basic fee set forth in Section 3 .1) .
Section 3 .3 Accounting Records. Records of the
Contractor' s reimbursable expenses pertaining to this
Agreement (as described in Section 3 .2) , and records of
accounts between the City and the Contractor, shall be kept on
a generally recognized accounting basis and shall be available
to the City or its authorized representative at mutually
convenient times.
SECTION 4 . MISCELLANEOUS_ PROVISIONS
Section 4 .1 Nondiscrimination. In performing services
under this Agreement, the Contractor shall not discriminate in
the employment of its employees or in the engagement of any
subcontractors on the basis of race, color, religion, sex,
sexual orientation, marital status, national origin or
ancestry. All contracts entered into by the Contractor shall
contain comparable language forbidding discriminatory
practices by subcontractors.
Section 4.2 Successors and Assigns. The City and
Contractor each bind themselves, their partners, successors ,
assigns and legal representatives to this agreement without
the written consent of the other. Upon creation of the
Cupertino Redevelopment Agency (the "Agency") , the City shall
assign its rights and obligations under this Agreement to the
Agency; and the Contractor hereby approves such assignment.
Upon such assignment of this Agreement, all references herein
to "City" shall thereafter refer to the Agency.
Section 4 .3 Notices. Any notice required to be given by
the terms of this Agreement shall be deemed to have been given
when the same is sent by certified mail, postage prepaid,
addressed to the respective parties as follows:
City of Cupertino.
10300 Torre Avenue
Cupertino, CA 95014
Attention: City Manager
_2_
Goldfarb & Lipman
One Montgomery Street
West Tower, 23rd Floor
San Francisco, CA 94104
Section 4.4 Ownership of Documents. Documents and
photographs shall become the property of the City upon
completion of the project for which they are made or upon
termination of this Agreement for any reason.
The City agrees to hold the Contractor harmless from any
liability resulting from the use of such documents for any
purpose other than the purpose for which they are prepared.
Section 4.5 Contractor is Not Employee of City. It is
understood that the Contractor is not acting hereunder in any
Manner as an employee of the City, but solely under this
Agreement as a Contractor, and the City shall not under any
circumstances be liable to the Contractor or any person or
persons acting for or under it for any deaths or injuries
received or claimed, unless any such liability arises by
virtue of negligence or intentional acts by the City, its
officers, agents or employees, and the Contractor agrees to
hold the City free and harmless from liability therefor which
is not due to any fault of the City, its officers, agents or
employees.
•
Section 4 .6 Severability,. The invalidity in whole or in
part of any provision of this Agreement shall not void or
affect the validity of any other provision of this Agreement.
Section 4 . 7 Captions. The captions of the sections' and
subsections of this Agreement are for convenience only and
shall not be deemed to be relevant in resolving any question
of interpretation or intent.
Section 4 . 8 Entire Agreement. This Agreement represents
the entire and integrated Agreement between the City and the
Contractor and supersedes all prior negotiations,
representations or agreements, either written or oral. This
Agreement may be amended only by written instrument signed by
both the City and the Contractor.
Section 4 .9 Applicable Law. This Agreement shall be
governed by the law of the State of California.
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IN WITNESS WHEREOF, the City and the Contractor have executed
this Agreement as of the date first above written.
GOLDFARB & LIPMAN
Date: May 1, 1987 By - —
Partner
CITY OF CUPERTINO
r
Date: 5 / 7A 9? By 0
City Manager
04/28/87
#007/A39402
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•
•
The Law Offices of
GOLDFARB & LIPMAN EXHIBIT A
One Montgomery Street
West 1bwer
Twenty-Third Floor
San Francisco
California 99109 March 5, 1987
StevenH.Goldfarb Robert S. Cowan
RanyR.Lipman Director of Planning and Development
City of Cupertino
M David Kroot 10300 Torre Avenue
LeeC.Rosenthal Cupertino, California 95014
Roger A.Clay,Jr.
PaulaS.Crow Re: Creation of Redevelopment Agency
John T.Nagle
Polly V.Marshall Dear Mr. Cowan:
Lynn Hutchins Goldfarb & Lipman is pleased to present this proposal
Natalie L.Gubb for consultant services to assist the City of Cupertino in
the creation of a redevelopment agency (the "Agency") and
the completion of related preliminary redevelopment
planning activities.
The first four sections of our proposal consist of
the following specific elements called for in the RFP: 1)
a description of procedures for preparation of all Agency
organizational documents; 2) an evaluation of the proposed
Project Area' s qualification for redevelopment under state
law; 3) a methodology for preparation of an Agency
staffing plan; and 4) a description of procedures for
working with the County of Santa Clara concerning the
fiscal impacts of the proposed redevelopment program. The
fifth and sixth sections of this proposal response address
the anticipated cost and timing of our consultant
services. The final section of the proposal provides a
resume of our firm's qualifications, including a list of
references and biographies of the personnel who would
provide the consulting services for this project.
1. Agency Organizational Documents . We propose
to prepare all documents necessary to create the Agency
and to establish its organizational structure. As part of
this work element, we would also advise staff concerning
the purpose and use of these documents. The
organizational documents include: a) the City Council
ordinance declaring the need for the Agency and creating
115 788-6336
115 788-0999 FAX
Robert S. Cowan
March 5, 1987
Page 2
the Agency; b) the letter transmitting the City Council
ordinance to the California Secretary of State; c) the
City Council resolution designating a survey area; d)
Agency by-laws and a resolution adopting by-laws; e)
Agency resolutions for election of officers and
designation of a newspaper of general circulation; f) an
Agency resolution adopting a conflict of interest code and
related disclosure documents to implement the code; g) a
repayment agreement between the City and Agency to provide
initial funding for redevelopment planning activities, and
City Council and Agency resolutions approving the
repayment agreement; h) an Agency resolution adopting
procedural. guidelines to implement the California
Environmental Quality Act (CEQA) ; i) the documents
required to add the Agency to the List of Public Agencies
pursuant to Government Code Section 53091; and j ) other
organizational documents deemed necessary or desirable
based on consultation with staff.
These documents will give the Agency the legal and
organizational status and capacity to launch directly into
the preparation of a preliminary plan for the Project
Area. We understand that all actions from that point
forward to the adoption of the redevelopment plan would be
undertaken pursuant to a separate consultant contract.
To prepare the organizational documents, we would
initially consult with City staff concerning procedural
matters such as the desired format for resolutions,
ordinances, and correspondence, the deadlines for agenda
packets , and the staff contact person for processing all
the organizational documents. We would also consult with
staff on the substantive issues involved in the creation
and organization of the Agency. Of initial importance, we
would advise staff on the designation of the Agency board
(City Council vs . independent appointed board) and on the
form of financial arrangement between the City and the
Agency to provide "seed" money for redevelopment
planning.
Also, we would review with staff the prerequisites
for preparation of a redevelopment plan set forth in the
Community Redevelopment Law, chief of which is the
requirement that the City have a General Plan that meets
the standards of Government Code Section 65302. We have
found in many communities that this requirement merits
Robert S. Cowan
March 5, 1987
Page 3
careful attention at the outset of the redevelopment
planning process so that any necessary remedial steps can
be taken prior to adoption of a redevelopment plan.
Following the initial consultations we would prepare
and submit all ordinances, resolutions and related
documents for City Council, Agency and/or staff action in
accordance with the desired City format and the City' s
agenda deadlines . We would also take responsibility for
all filings to State agencies and related actions involved
in the organizational process. We would respond to all
staff inquiries concerning the organizational documents
and process and would be prepared to attend the City
Council and/or Agency meetings at which the organizational
documents' are considered.
Our estimates for cost and timing of this element of
the consulting services are set forth in Section 5 and .6
of this response.
2. Project Area Qualification for Redevelopment.
The RFP indicates that the advisor retained by the City
last year has preliminarily determined that the proposed
Project Area qualifies for redevelopment in that it is
blighted and predominantly urbanized. As part of our
services, we propose to review this preliminary assessment
and advise the City of any appropriate modifications to
the Project Area. Our review would consist of an analysis
of the advisor's report; discussions with City staff;
review of background documents such as the City's General
Plan, annual budget, and capital improvement program; site
surveys; and discussions with knowledgeable realtors and
property owners. The results of our review and
recommendations would be set forth in a concise report to
staff which would be organized in a way that it could form
the basis for key sections of later documents in the
redevelopment plan adoption process -- namely, the
Preliminary Report and the Report to the City Council.
Our estimates for cost and timing of this element are
described in Sections 5 and 6 below.
Based on the materials accompanying the RFP it is our
general sense that the proposed Project Area could qualify
for redevelopment. The street and parcel pattern on the
Project Area map suggests that the area is essentially
built-out and, therefore, predominantly urbanized. The
Robert S. Cowan
March 5, 1987
Page 4
description of the Project Area and the problem outline
suggest that several blighting conditions exist including:
a) residential and commercial structures suffering from
obsolescence or from deterioration due to lack of
maintenance (Health and Safety Code Section 33303.1 (e) ) ; b)
lack of public improvements and open space (Health and
Safety Code Section 33032 (c) ) ; and c) a prevalence of
depreciated values, impaired investment and economic
maladjustment, resulting in part from noise problems and
evidenced by the lack of property maintenance (Health and
Safety Code Section 33032 (d) ) . It is also possible that
the commercial frontage along Stevens Creek Boulevard
suffers from irregularly shaped and/or undersized lots
which are not amenable to modern, economically viable
commercial development (Health and Safety Code Section
33032 (a)) ,. While it is not possible to assess this
blighting condition from the material provided, the
parcelization issue generally merits careful evaluation in
older, built-out commercial areas.
In addition to evaluating the enumerated blighting
conditions set forth in Health and Safety Code Sections
33031 and 33032 , we would also carefully analyze the other
elements necessary to a finding of blight: whether the
enumerated conditions have led to a reduction or lack of
proper utilization of the Project Area that constitutes a
serious physical, social or economic burden on the
community.; and whether the enumerated conditions can be
expected to be reversed or alleviated by the private
sector or government, without redevelopment.
We have found the last element (the ability of the
private sector and government to deal with blighting
conditions) to be an increasingly important component of
the redevelopment qualification analysis, which is often
carefully scrutinized by taxing agencies questioning the
legality of a project area designation. It is for this
reason that we propose to give special attention to this
issue through discussions with realtors and property
owners and through review of the City's financial status .
We have successfully documented the need for redevelopment
assistance through such sophisticated economic analyses in
numerous other project areas.
•
3 . Staffing Plan. We propose to prepare a
concise written staffing plan outlining recommendations
Robert S . Cowan
March 5, 1987
Page 5
for use of staff and consultants throughout the
redevelopment plan adoption process and the early years of
plan implementation. We would prepare the staffing plan
by employing a methodology that explores the City's staff
and financial resources and outlines the skills and time
required to complete the various tasks in the
redevelopment process.
On the resources side, we would consult with City
staff from the Planning and Development Department, the
City Manager' s office, the finance department and the
public works department to assess : a) existing or
potential in-house staff capability, from the
perspective of both expertise and time availability, to
perform various redevelopment tasks; and b) existing and
potential financial resources from the City's general
fund, CDBG program, and other sources to hire additional
staff and/or to engage outside consultants.
Concerning the task analysis , we would clearly
outline all the tasks involved in: a) redevelopment plan
adoption (e.g. preparation of engineering and boundary
surveys, preparation of an EIR, completion of economic and
planning studies, conduct of the fiscal review and citizen
participation process, and preparation of all necessary
ordinances, resolutions, notices and other legal
documents) ; and b) redevelopment plan implementation (e.g.
development of programs; land assembly; coordination of
public improvements construction; dealing with developers
and property owners; general administration and budgeting;
etc. ) . Our task analysis would outline the type of skills
required for each task and the level of staff or
consulting services typically employed to complete each
task, and would include a detailed checklist schedule of
all steps required in the plan adoption process.
We would then present our preliminary evaluation of
resources and tasks to City staff and consult with staff
concerning various options for undertaking the work. We
have extensive experience with various types of agencies
that rely primarily on in-house staffing, that rely
heavily on contract consultants, and that use a mixture of
the two approaches . From this experience, we have gained
informed judgments about the approaches that work (and
don't work) in different local governmental settings and
would bring this experience to our consultations with City
Robert S . Cowan
March 5 , 1987
Page 6
staff. At the same time, it is important that staff be
directly involved (using our guidance and background
analysis) in developing the staffing plan, so that they
are comfortable that the recommended staffing plan will
work for the City of Cupertino.
Based on our background analysis of resources and
tasks and on the ensuing consultations with staff, we
would prepare the formal written staffing plan and would
meet with staff to discuss our recommendations .
Again, the costs and timing for this element of
services are described in Sections 5 and 6 below.
4 . County Fiscal Agreement. This is likely to be
the most difficult task to complete effectively during the
Agency organizational process. It is certainly
understandable that the City would not wish to go to the
time and expense of seeking to adopt a redevelopment plan
if the plan ultimately was not fiscally feasible. In
turn, the fiscal feasibility of the plan will depend, in
part, on the arrangement for financial participation that
is worked out with the County of Santa Clara.
Consequently, it is highly desirable to develop an early
understanding of the likely financial arrangement that
will be acceptable to both the Agency and the County.
On the other hand, it will be difficult for the
Agency to gauge clearly its fiscal needs until it is
sufficiently far along in the plan preparation and
adoption process to have a good estimate of the costs and
timing of program activities as well as the magnitude and
timing of redevelopment resources (tax increment revenue
and other sources) . Without such information, it will be
difficult for the Agency to know the degree of flexibility
it may have to address the County 's fiscal concerns while
still retaining sufficient tax increment revenues to
complete the desired redevelopment program in an effective
and timely manner. For this reason, we typically advise
clients not to seek to reach a premature fiscal agreement
simply for the sake of imposing some certainty on a fluid
financial situation.
In the face of this dilemma, we propose the following
approach. We would first consult with City staff to
develop a broadbrush estimate of the proposed
Robert S . Cowan
March 5 , 1987
Page 7
redevelopment program' s costs and revenues and to review
options for addressing the County' s fiscal concerns. With
respect to fiscal agreement options, we have helped to
pioneer a number of techniques in Northern California,
representing both agencies and counties, that enable both
entities to achieve their fiscal objectives . These
techniques include: a) sliding scale agreements in which
the county pass-through is very limited in early years
to enable the redevelopment agency to get its program
effectively started, but grows in later years to enable
the county to share in the success of the program; and b)
limited subordination of county pass-through revenues to
permit a redevelopment agency to issue larger bonded debt
amounts than would normally be possible. In this regard,
it should be noted that we assisted the Campbell
Redevelopment Agency in negotiating a fiscal agreement
with the County of Santa Clara which, in its early years
of implementation, is successfully meeting the major
fiscal objectives of both entities.
After review of fiscal needs and options with City
staff, we would evaluate the County's policy toward
redevelopment through an analysis of any written County
policy statements, discussions with redevelopment agencies
in the County that have recently adopted plans, and review
of fiscal agreements and related documents that have been
negotiated as a result of such recent plan adoptions.
•
Next, we would assist staff in the conduct of a
preliminary meeting with appropriate County
representatives to discuss the fiscal objectives of each
entity in connection with the proposed redevelopment
plan. Again, we advise that this meeting be designed to
determine areas of common interest and potential conflict,
and not to hammer out a precise agreement in a premature
manner.
Based on these steps, we would prepare a written
outline of a County fiscal agreement that we judge stands
the best prospects for meeting the County's concerns while
enabling the Agency to earn sufficient tax increment
revenue to complete the desired redevelopment program. We
would also outline major actions to be taken during the
plan adoption process to negotiate and execute such an
agreement.
Robert S . Cowan
March 5, 1987
Page 8
It should be noted that, in recent years, other
taxing agencies (such as school districts, community
college districts , and even mosquito abatement districts)
have begun to seek fiscal arrangements to protect their
interests . We would be prepared to provide staff with
preliminary advice, based on our experience, concerning
techniques for dealing with these other taxing agencies as
well.
In concluding the discussion of this work element, we
should reemphasize that it will not be possible to
complete effective fiscal arrangements with the County and
other taxing agencies until the Agency has undertaken
portions of the redevelopment planning process that are
clearly beyond the scope of this RFP. On the other
hand, through the approach outlined above, it should be
possible to make a strong first step toward resolution of
this important issue.
5 . Cost of Services. We are prepared to provide
our services for the preceding elements on an hourly or
fixed fee basis. Our hourly billing rates are $140for
partners , $115 for associates, and $60 for paralegals . We
envision that much of the work on the organizational
documents (Section 1 above) would be performed by an
experienced paralegal, and that most of the work described
in Sections 2-4 above would be undertaken by a senior
associate with limited assistance from the partner
responsible for the project. (For our proposed staffing
structure, please refer to Section 7 below. )
While it is not possible to quote a precise fixed fee
for our services until we have had an opportunity to
discuss the desired scope of services further with City
staff, we envision that the type of activities described
in Sections 1-4 above could be performed for the following
approximate amounts:
Organizational Documents $ 2, 000
Analysis of Qualification for Redevelopment $ 3, 500
Staffing Plan $ 3,000
Preliminary Fiscal Agreement $ 4 , 500
$13, 000
Robert S . Cowan
March 5, 1987
Page 9
It should be emphasized that we would perform all
elements of work and prepare all work products in a manner
that would be readily useable in the formal plan adoption
process (should the City choose to proceed) , thus saving
the cost of work involved in subsequent contracts.
6 . Schedule. Attached to this proposal is a
simple PERT chart outlining the timing of the major steps
to complete the elements of work described in Sections 1-4
above. Assuming reasonable City staff availability for
consultation and assistance, we believe that the
envisioned activities can be accomplished in approximately
an eight week period. Further assuming that the
consultant services contract would commence within the
next 1-2 months, this schedule would place the Agency in a
good position, should it so choose, to complete the plan
preparation and adoption process during the 1987-88 tax
increment base year (which begins August 20, 1987) .. As
noted in Section 3 above, we would prepare a detailed plan
adoption checklist and schedule as part of our services.
7 . Firm Qualifications . This section provides
three types of information about the firm's qualifications
to perform the proposed scope of services: a) a list of
references who may be contacted concerning our firm' s
work; b) a brief resume of the firm's redevelopment
experience; and c) brief biographies of the firm personnel
who would be involved in providing the services.
a. References
Kevin Duggan
City Manager
City of Campbell
70 'First Street
Cambell, CA 95008
(408) 866-2125
William Waterhouse
Redevelopment Director
Redevelopment Agency of the City of Concord
1950 Parkside Drive
Concord, CA 94519
(415) 671-3355
Robert S . Cowan
March 5, 1987
Page 10
Christine Gouig
Planning Director
County of San Mateo
590 Hamilton Street, 2nd Floor
Redwood City, CA 94063
(415) 363-4734
Patrick O 'Keeffe
Redevelopment Director
El Cerrito Redevelopment Agency
10890 San Pablo Avenue
El Cerrito, CA 94530
(415) 236-6800
Frank Taylor
Executive Director
San Jose Redevelopment Agency
801 North First Street Rm. 408
San Jose, CA 95110
(408) 277-4744
Ed Schilling
Finance Director
City of San Jose
801 N. First Street, Rm. 227
San Jose, CA 95110
(408) 277-4288
b. Firm Experience
•
Goldfarb and Lipman is one of the leading firms in
California involved in all aspects of the redevelopment
process . The firm represents approximately 25
redevelopment agencies and other public agencies with
currently active projects. Our advice and representation
of our clients extends to all major elements of
redevelopment law and planning beginning with formation of
agencies and adoption of redevelopment plans and plan
amendments and continuing through redevelopment plan
implementation and the financing, land acquisition, land
disposition and development that implementation entails.
Among the agencies we represent are:
City of Campbell
City of Pacifica
City of San Rafael
• Robert S . Cowan
March 5 , 1987
Page 11
Town of Tiburon
Town of Fairfax
City of Concord
City of San Pablo
City of Pinole
City of Livermore
City of Fremont
City of Newark
City of Hayward
City of Union City
City of Berkeley
City of El Cerrito
City of Stockton
City of Salinas
City of Seaside
City of Avenal
County of Contra Costa
County of Sonoma
County of Mendocino
Santa Clara County Transit District
San Francisco Housing Authority
Our specific experience includes the following:
Redevelopment Plan Adoption
Goldfarb & Lipman has advised redevelopment agencies
in connection with adoption of more than 50 city and
county redevelopment plans and significant redevelopment
plan amendments. The firm is well versed in all the areas
relevant to plan adoption such as documentation of blight,
fiscal impacts of redevelopment, fiscal agreements with
other taxing entities, federal tax law, financial
feasibility of redevelopment, relocation of business and
residents, project area committees, environmental impact
reports, and redevelopment plan litigation. Our
redevelopment plan attorneys and redevelopment paralegals
are thoroughly familiar with the redevelopment plan
adoption process and are able to respond quickly and
comprehensively to any questions or issues which arise in
that plan process. A number of our attorneys have
extensive academic and work experience in the field of
urban planning and urban economic analysis .
Robert S. Cowan
March 5, 1987
Page 12
Financing
Our firm is thoroughly familiar with all aspects of
redevelopment agency tax-exempt financing and the changes
in the law resulting from the passage of the 1986 federal
tax reform act. The firm has been active in advising
redevelopment agencies regarding structuring projects in a
manner so to maximize tax-exempt financing availability.
In the last two years, our firm has acted as bond counsel
for four tax allocation bond issues and has served as
agency counsel on many other such issues . In addition,
Goldfarb & Lipman has been at the forefront in devising
innovative private and taxable financing for redevelopment
and real estate development which provide alternatives to
tax-exempt financing.
Land Acquisition, Relocation and Eminent Domain
Representing public entities, Goldfarb and Lipman has
been actively involved in all facets of land acquisition.
The firm is knowledgeable and experienced in all areas of
real estate and public law relevant to public agency
acquisition of land. In addition, the firm is experienced
in eminent domain litigation and the relocation law,
regulations and guidelines applicable to public
acquisitions.
Property Disposition and Development
Goldfarb & Lipman has very broad and extensive
experience in representing public agencies in the drafting
and negotiation of agreements for disposition and
development of land. Our experience covers a wide range
of types of real estate development (including office
development, shopping centers and specialty retail,
hotels, and apartments , condominium and co-operative
housing) and a wide range of disposition arrangements
(including sales of land pursuant to disposition and
development agreements, development agreements pursuant to
Government Code Section 65860 et. seq. , agreements
providing for agency share in net cash flow, ground leases
and owner participation agreements) .
Robert S. Cowan
March 5, 1987
Page 13
Low-and Moderate-Income Housing
Goldfarb and Lipman is the leading firm in California
in the area of low- and moderate-income housing. Through
our representation of public agencies, nonprofit housing
developers and for-profit housing developers, we have
been involved in all aspects of low- and moderate-income
housing development including:
Site Acquisition and Leasing'
Predevelopment Loans
Department of Housing and Urban Development
Financing
California Housing Finance Agency Financing
California Department of Housing and
Community Development Financing
Bond Financing
Bank Financing
Syndications
Construction Contracts
Over the last five years, Goldfarb and Lipman has
been involved in the production of approximately 5000
units of low- and moderate-income housing. The projects
on which we have worked or are currently working include
projects in Monrovia, Los Angeles, Santa Barbara,
Ventura, Concord, Santa Rosa, Fremont, San Francisco,
Oakland, El Cerrito and San Jose.
c. Firm Personnel
Our services would be provided primarily by Steve
Goldfarb, Jack Nagle and Linda Maudlin. Steve Goldfarb is
the founding partner of Goldfarb & Lipman and would serve
as the partner-in-charge of the project. Jack Nagle is
a senior associate with the firm who would serve as the
City's primary contact as the work progresses. (Brief
biographies for Mr. Goldfarb and Mr. Nagle are attached to
this proposal) . Linda Maudlin would serve as the
paralegal/project coordinator who would take primary
responsibility for preparation of the Agency
organizational documents and would assist in all other
elements of the work. Ms. Maudlin has over ten years of
experience with the firm and has worked on most of the
Robert S. Cowan
March 5, 1987
Page 14
redevelopment plan adoptions undertaken during that
period.
* * * * * * * * * * * * * * * * *
We appreciate the opportunity to submit this proposal
and thank you for your consideration.
Sincerely,
STEVEN H. GOLDFARB L.
Enclosures
03/06/87
#006/A99716
PERT CHART'
CITY OF CUPERTINO
WORK PROGRAM FOR CREATION OF REDEVELOPMENT AGENCY
1ORK ELEMENT/TASK WEEK WEEK WEEK WEEK WEEK WEEK WEEK WEEK
1 2 3 4 5 6 7 8
:CEMENT 1: ORGANIZATIONAB DOCUMENTS ..
Initial Meeting with Staff to
it
Collect Information _
•Prepare and Submit Documents
for Agency Packets lt
Council Ordinance Creating Agency
(first and second readings) _ .
icy Organizational Meetings
(adopt Bylaws and other
)t
'housekeeping' matters) It (1f,�sa y)
Filing of Necessary Organizational ` - "-
Documents .I(.
:CEMENT 2: QUALIFICATION FOR REDEVELOPMENT
(BLIGHT ANALYSIS)
Initial Meeting with- Staff to Collect
Information . . . ._ ... -
Site Surveys/Interviews/Review of may, .y.
Background Documents �c 7!
Prepare and Submit Report on aL
Qualification ' '�R _
Follow-Up Meeting with Staff y,
LEMENT 3: STAFFING PLAN
Initial meetings with Staff to Collect * - [u n'•hid) 4
Information/Preferences - . __.-____ ._ __ _ __
P 'pare Analysis of Resources and Tasks —off — - _._ __ _
1 ring with Staff to Review Staffing
Options __.
Prepare and Submit Staffing Plan
Follow-Up Meeting with Staff - - . - .
LEMENT 4: FISCAL AGREEMENT
Initial meetings with Staff to Collectit - 4
Information
Broadbrush Estimate of Costs and -
Revenues St
Review County Policies ___ _ _
Meeting with Staff to Review Options/
Prepare for County Meeting
Meeting with County
Prepare and Submit Preliminary Fiscal - --
Agreement ,lL
Follow-up Meeting with Staff �C
I -Attachment A-
Attachment B
Biographies of Key Personnel
STEVEN H. GOLDFARB
Emphasis of practice: Redevelopment, housing and land use
development.
Education: Graduated cum laude from the University of
California at Berkeley in 1965 with a B.S. degree in Business
Administration. Member of National Honor Fraternity business
administration 1965 to present. Received J.D. degree from
Boalt Hall School of Law, University of California, Berkeley,
1968. Associate Editor of the California Law Review, 1968 .
Graduated with honor of Order of the Coif, 1968.
Author of two California Law Review articles: (1)
Parochialism by the Bay, An Analysis of Land Use (August,
1967) , and (2) 'Naline Testing in California (June, 1968) .
Previous employment: General Counsel, Oakland Redevelopment
Agency, 1967-1971.
JOHN T. NAGLE
Emphasis of practice: Tax-exempt financing,
redevelopment and corporate finance and taxation. Serving as
counsel for redevelopment agencies, nonprofit corporations,
private developers and various retail and service corporations .
Education: Graduated with highest honors from the
University of Notre Dame in 1972 with a B.A. degree in
Economics. Received J.D. degree from Boalt Hall School of
Law, University of California, Berkeley, 1982. Graduated with
honor of Order of the Coif. Received Masters Degree in City
Planning from the University of Pennsylvania, May 1977.
Recipient of Department of Housing and Urban Development (HUD)
Fellowship. Planning school emphasis on urban redevelopment
and public finance.
Previous employment: City of Oakland, Office of Economic
Development and Employment, 1977-79. Project manager for
downtown redevelopment project including development of
Hyatt Regency Hotel and public convention center. City of
Philadelphia, City Planning Commission, 1973-77. Chief of
Economic Development Planning.
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