Redevelopment, Economic Development and Housing

BB&K recognizes that redevelopment is central to the growth of a community. That’s why we have an entire group devoted to all your redevelopment needs.

At BB&K, our priority is to provide you with effective representation, customized to meet your objectives.  We have proven experience working successfully with individuals, families, private developers and public agencies.  Consequently, whether you are a redevelopment agency seeking to adopt a new project area, a developer seeking assistance in negotiating a development agreement, or a housing authority looking to apply for federal funding, you can be confident that BB&K will provide you with sound legal advice based on our extensive knowledge of current redevelopment law.

BB&K represents clients with a variety of redevelopment issues including affordable housing, disposition and development agreements, relocation, and conflicts of interest.  Our attorneys also specialize in assisting cities and agencies in all phases of public project development, including pre-development planning, negotiation, financing, contracting, construction, and litigation when necessary.  Furthermore, BB&K has an entire practice group devoted to eminent domain acquisitions, allowing you to save time and money as we address all your redevelopment concerns simultaneously.

BB&K’s redevelopment attorneys provide service in the following areas:

 Affordable Housing

BB&K is steadily increasing its involvement in the area of affordable housing and often advises agencies with respect to their use of Housing Fund monies to increase and maintain adequate affordable housing in their communities.  BB&K often counsels agencies with respect to the affordable housing requirements under the provisions of the Community Redevelopment Law  inclusionary housing and production housing requirements.  The redevelopment attorneys of BB&K makes it a priority to keep abreast of new legislation affecting the ability of our clients to provide safe and adequate affordable housing within the community, working closely with developer counsel to ensure the housing objectives of our clients are met.  BB&K attorneys also assist agencies in applying for, and complying with, other state and federal housing programs including the Community Development Block Grant Program, the HOME Program and CHFA.

Brownfields

BB&K has experience with the various Brownfields regulations available in California, including the Polanco Act, which provides qualified immunity from state and local laws to redevelopment agencies that conduct hazardous waste cleanups in accordance with remediation plans approved by the State of California. BB&K's experience in representing redevelopment agencies as general and special counsel in all kinds of public/private real estate transactions involving environmentally impacted properties includes negotiating, drafting and implementing disposition and development agreements. The firm also has experience representing developers of environmentally impacted property. This broad experience allows us to place in perspective the potential use of the Polanco Act as compared to other potential ways of resolving problems created by contaminated properties.

Conflicts of Interest

BB&K is experienced in giving advice regarding the Political Reform Act and its application to redevelopment agency members, planning commissioners and other public officials and employees who participate in the adoption of redevelopment plans and in redevelopment plan implementation.  BB&K provides opinion letters to agencies regarding whether they should disqualify themselves in making or participating in a decision in which they may have an economic interest.  BB&K assists its clients in complying with Government Code section 1090 et seq. and the conflict of interest provisions within the Community Redevelopment Law.

DDAs and OPAs

BB&K possesses a depth of experience in assisting its clients in the preparation of a wide variety of owner participation and disposition and development agreements.  In these matters, BB&K has assisted in negotiating the terms of agreements with developers and property owners, prepared all of the necessary documents to effectuate the agreements, advised the agencies as to publication and notice requirements and other pertinent provisions of the law, coordinated with other public agencies where required, advised the agencies as to the application of various environmental statutes including the California Environmental Quality Act, and served as litigation counsel in the defense of challenges to redevelopment plans or specific projects where necessary.

Financing

BB&K is experienced in providing advice in order to facilitate agencies to fund and finance their projects.  BB&K is a full service firm working closely with our own bond attorneys as well as outside bond counsel to consider various factors before suggesting a variety of financing options such as tax allocation bonds, sales tax bonds, lease revenue bonds, certificates of participation, assessment district bonds, Mello-Roos bonds, and residential mortgage revenue bonds.  BB&K is experienced in applying for, and complying with, federal funds for both commercial and housing developments through Community Development Block Grants, Urban Development Action Grants, the Section 108(a) Loan Guarantee Program, and Urban Mass Transit Program.  

Pass-Through Obligations

Although AB 1290 abolished the authority of redevelopment agencies to enter into separate agreements with other taxing entities to address the adverse fiscal effects caused to those entities by redevelopment plans, BB&K attorneys have experience in analyzing existing "pass-through agreements" for clients and often advise clients with respect to the effect of these agreements on existing agency indebtedness.  BB&K attorneys work side-by-side with consultants and other finance professionals to provide clients with an accurate, legally sufficient accounting of an agency's pass-through obligations, including the statutory pass-through requirements adopted through AB 1290.

 Plan Adoption and Amendments

BB&K provides all necessary advice in the formation of redevelopment project areas and the adoption and amendment of redevelopment plans, assisting its clients in the process of formation and adoption from inception to implementation. BB&K has facilitated the adoption of a wide variety of redevelopment plans on behalf of its redevelopment clients, including large scale commercial projects, "big box" retail outlets, auto malls, major office structures, and recreational facilities.  It has assisted in the creation of a number of housing-related programs, including in-fill housing, first time buyer mortgage assistance, single family rehabilitation, multi-family construction, and mobile home park conversion.

Prevailing Wage

BB&K is familiar with Labor Code Section 1771 and the California Community Redevelopment Law which requires prevailing wages be paid to all workers on public works projects.  BB&K assists agencies in determining when a project will trigger payment of prevailing wage and advises agencies how to structure projects in order to avoid the payment of prevailing wage.  BB&K attorneys stay current with opinions from the Department of Industrial Relations and new legislation relating to payment of prevailing wage.  BB&K attorneys also assist agencies in drafting letters requesting advice from the Department of Industrial Relations.  

 Public Improvements 

BB&K has extensive experience in assisting agencies with the replacement and provision of public infrastructure and public improvements such as streets, recreational areas and other open space uses necessary to carry out redevelopment plans.  Clients often receive advice with respect to making necessary blight determinations and fulfilling public hearing requirements.  BB&K also has considerable experience in reviewing and drafting reimbursement agreements between public agencies providing for the repayment of costs associated with the installation and construction of public improvements. 

 Relocation

BB&K has years of experience in advising agencies regarding relocation assistance advisory programs, comparable replacement dwelling units, relocation payment for businesses, homeowners and tenants, grievance procedures, eviction policies, required notices to displaced persons, and last resort housing.

 Site Acquisition and Eminent Domain

As redevelopment counsel, BB&K adds an important dimension to its scope of representation by bringing to bear its recognized skills in site acquisition and eminent domain. Few activities are more central to an agency's undertakings than site acquisition and eminent domain.  This area of BB&K's practice allows the firm to provide its clients with sophisticated advice on the strategic means of accomplishing an agency's goals.  Such expertise maximizes the client's ability to bring to reality the projects and programs which will best serve the community.  BB&K is dedicated to providing clients with expertise regarding voluntary property sales, pre-condemnation and condemnation procedures, inverse condemnation, blight findings, owner compensation, and public review and comment requisites.