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HomeMy WebLinkAboutAG RPTS 1993 0922 RDA REGNext Res. 93 -21 REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AGENDA WEDNESDAY, SEPTEMBER 22, 1993 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. CONSENT CALENDAR (Roll Call Vote): 799 Moorpark Avenue A. Consider Minutes of the Special Meeting of the Moorpark Redevelopment Agency of July 28, 1993. Consider Minutes of the Special Meeting of the Moorpark Redevelopment Agency of September 8. 1993. Staff Recommendation: Approve minutes as processed. B. Consider Approval of Warrant Register. C. Consider Agreement with the Union Oil Company of California for the Removal of Oil Tank and Remedy of any Contamination on Agency Owned Property at Southwest Corner of High Street and Moorpark Avenue. Staff Recommendation: Authorize the Executive Director to execute agreement. D. Consider Resolution No. 93- 1 of the Moorpark Redevelopment Agency Approving and Authorizing the Chairman to Execute Public Works Cooperation Agreements by and between the City of Moorpark and the Moorpark Redevelopment Agency Relating to Public Improvements in the Moorpark Redevelopment Protect Area and Public Improvements Outside the Project Area that Provide Benefit to the Project Area ( Confirming Reimbursement of Funds by the Agency to the City for Public Improvement Proiects) . Staff Recommendation: Approve Resolution No. 93- and authorize the Chairman to execute the Public Works Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. Moorpark Redevelopment Agency Agenda September 22, 1993 Page 2 4. CONSENT CALENDAR (Roll Call Vote): (Continued) E. Consider Resolution No. 93- . of the Moorpark Redevelopment Agency Approving and Authorizing the Chairman to Execute a Cooperation Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark (Confirming Previous City Loans to the Agency). Staff Recommendation: Approve Resolution No. 93- authorizing the Chairman to execute the Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. F. Consider Resolution No. 93- Approving and Authorizing the Chairman to Execute the Public Works Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency Relating to Public Improvements in the Moorpark Redevelopment Project Providing Redevelopment Funds for Public Improvements at Arroyo Vista Community Park. Staff Recommendation: Authorize Resolution No. 93- authorizing the Chairman to execute the Public Works Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency and that the funding amount not exceed $226,923.85 from the Redevelopment Bond proceeds. 5. ACTION /DISCUSSION: 6. CLOSED SESSION: A. Negotiations for Real Property at 675 Moorpark Avenue (Moss) and 661 Moorpark Avenue (Aikens) pursuant to Government Code Section 54956.8. B. Negotiations for Real Property at 18 High Street (Abbott & Assoc., Moorpark Chamber of Commerce, Moorpark Melodrama) pursuant to Government Code Section 54956.8. C. Negotiations for Real Property on the North Side of Los Angeles Avenue contiguous to Mission Bell Plaza (Ken MacLeod). Moorpark Redevelopment Agency Agenda September 22, 1993 Page 3 7. ADJOURNMENT: ----------------------------------------------------------------- Any member of the public may address the Redevelopment Agency during the Public Comments portion of the Agenda, unless it is a Public Hearing or Discussion /Action item. Speakers who wish to address the Redevelopment Agency concerning a Public Hearing or Discussion /Action item must do so during the Public Hearing or Discussion/ Action portion of the Agenda for that item. Speaker Cards must be received by the Secretary of the Redevelopment Agency prior to the Call to Order of the meeting. Speakers will be heard in the order that their Speaker Cards are received. A limitation of 3 minutes shall be imposed upon each speaker. TO: FROM: DATE: f ITEM d1. e. AGENDA REPORT MOORPARK REDEVELOPMENT AGENCY Chairman and Members of the Moorpark Redevelopment Agency Steven G. Hayes, Economic Development Manager- September 14, 1993 (MRA meeting of Sept. 22, 1993) SUBJECT: Consider Agreement with the Union Oil Company of California for the Removal of Oil Tank and Remedy of any Contamination on Agency Owned Property at Southwest Corner of High Street and Moorpark Avenue DISCUSSION• As part of the acquisition of the railroad properties, the Moorpark Redevelopment Agency took possession of the abandoned site of the Union Service Station at the subject location (property known as 18 -20 High Street). This site still has abandoned oil storage tanks buried underground. This License Agreement allows the Union Oil Company of California to remove the storage tanks and any contamination that may exist in accordance with all federal, state and local laws and ordinances. Funding The costs of the removal of the storage tank will be the responsibility of Union Oil Company of California. RECOMMENDATION• Authorize the Executive Director to execute agreement. Attachment: License Agreement MRA /SGH023 /AGN/09/14/93 LICENSE AGREEMENT AGREEMENT made this 3 day of September, 1993 by and between the Redevelopment Agency of the City of Moorpark, 799 Moorpark Avenue, Moorpark California 93021 [hereinafter "Licensor "], and Union Oil Company of California dba Unocal, with principal offices at 1201 West Fifth Street, Los Angeles, California, [hereinafter "Licensee "]; Licensor and Licensee shall sometimes hereinafter be referred to as the "Parties ". RECITALS A. Licensor is the owner of a certain parcel, or parcels, of real property known as 18 -20 High Street Moorpark, California ( "Subject Property ") which is the former site of a Unocal Service Station; B. Licensee desires to enter the Subject Property to remove an underground tank and remediate any contamination on said Property caused by the operations of Licensee to the levels required by the governmental agency with othersight authority; NOW THEREFORE, in consideration of the granting of the foregoing, the mutual premises, covenants, conditions and agreements hereinafter set forth, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Grant of License - Licensor hereby grants to Licensee, its employees, representatives and contractors a non - exclusive license (hereinafter the "License ") to enter upon the Subject Property from time to time during the term of the Agreement to conduct the activities described in Recital Paragraph B above. This Agreement shall commence on October 1, 1993 and shall end on October 1, 1994 unless the parties agree in writing to extend the term of the Agreement. If Licensee is required by a government agency to maintain a well or other installation installed under this Agreement, the Agreement shall, on notice of such requirement to Licensor, be extended until 30 days after such requirement ceases. Licensee shall, at its sole cost and expense, erect and maintain a temporary construction fence of not less than eight (8) feet in height to fully enclose any area where surface level decontamination activities are conducted. Prior to the expiration of the Agreement, Licensee shall, at its sole cost and expense, cause any excavations to be returned to the original gradient, remove all equipment placed on the Subject Property, fill and level all ditches, ruts and depressions, if any, caused by the closure of the excavation operations, and remove all debris. The Indemnity provisions of Section 6 herein below shall survive the expiration of this Agreement. 2. Compliance With Laws - Licensee shall conduct all operations which are the subject of this Agreement in compliance with all federal, state, and municipal statutes and ordinances, IAX:56976.2 -2- and with all regulations, orders, and directives of appropriate governmental agencies, as such statutes, ordinances, regulations, orders, and directives now exist or provide. 3. Permits - Licensee, at no cost or expense to Licensor, shall be responsible for obtaining any and all governmental permits and approvals which may be necessary for it to conduct any work or activities under this Agreement. Licensor shall coordinate and cooperate with Licensee in Licensee's activities to obtain all necessary government permits and approvals. 4. Liens and Claims - Licensee shall not permit any mecha- nics', materialmen's, or other similar liens or claims to stand against the Subject Property for labor or material furnished in connection with any work performed by Licensee under this Agreement. Licensee may bond and contest the validity and the amount of such lien or claim, but Licensee shall immediately pay any judgment rendered, shall pay all proper costs and charges, and shall have the lien or claim released at its sole expense. 5. Cooperation - Licensee agrees to coordinate its activi- ties with Licensor to minimize any impairment of access by Licensor or its invitees to the Subject Property and any inconvenience to or disruption of Licensoe's use of the Subject Property. LAX:56916.2 -3- 6. Indemnity - Licensee agrees that it will indemnify and hold Licensor and its officers, employees, servants and agents harmless from and against any claims, demands, actions, suits, judgments, losses, damages, costs or expenses, including attorneys' fees, incurred as a result of personal injury, property damage, civil penalties or fines proximately caused in whole or in part by, or arising in whole or in part from, the acts or omissions of Licensee or its contractors, employees and agents in conducting its activities under this Agreement. This Indemnity is expressly conditioned on the following: (a) In the event Licensor shall receive a notice or claim from any third party of any matter to which the Indemnity may apply, it shall within a reasonable period of time, and in every case within thirty (30) days of said notice or claim, notify Licensee in writing of such matter addressed to Licensee's Law Department, 1201 West Fifth Street, Los Angeles, California 90017. (b) Licensor shall cooperate with Licensee by allowing Licensee, and its agents, representatives, contractors and consultants, prompt and ready access to the Subject Property for the purpose of investigating any matter to which this Indemnity may apply. I aX:56476.2 -4- 7. Notices - Any notice provided for herein or otherwise required to be given hereunder shall be given by registered mail or certified United States mail, postage prepaid, addressed to the other as set forth in the first paragraph of this Agreement, except for the notice required to be given to Licensee as set forth in paragraph 6(a) hereof. The person and the place to which notices are to be mailed may be changed by either party by providing written notice of same to the other. Notices shall be deemed delivered upon the second (2nd) day after deposit in the United States mail. 8. Assignment, Successors and Assigns - This Agreement may not be assigned by Licensee without the prior written consent of Licensor, but otherwise shall be binding upon and inure to the benefit of the Parties' respective representatives, successors and assigns. 9. Governing Law - This Agreement shall be construed and interpreted and governed by and in accordance with the local law of the State of California without reference to any choice of law rules or policies which may refer the resolution of any dispute arising hereunder to the laws of any other jurisdiction. 10. Entire Agreement - This Agreement constitutes the entire agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or IAX:56976.2 -5- written, are hereby merged herein. This Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. 11. Interpretation - Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the Parties jointly and equally, and shall not be interpreted against neither party on the ground that the party prepared the Agreement or caused it to be prepared. 12. Waiver - No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. 13. Attorney's Fees - In the event any action, suit or proceeding is brought for the enforcement of, or the declaration of, any right or obligation pursuant to this Agreement or as a result of any alleged breach of any provision of this Agreement, the prevailing party shall be entitled to recover its costs and expenses, including reasonable attorneys' fees, from the losing I A X:56976.2 -6- party, and any judgment or decree rendered in such a proceeding shall include an award thereof. 14. Venue - This Agreement is made, entered into, and executed in Ventura County, California, and any action arising therefrom shall be filed in the applicable court in Ventura County. IN WITNESS WHEREOF, the Parties have executed this Agreement by their duly authorized representatives on the date first above written. LICENSOR Redevelopment Agency of the City of Moorpark By: Title: LICENSEE Date: Union Oil Company of California, dba Unocal By: Title: /,ce Pi^e5, ✓�2' -ea l k"ss'at�e. p Sal �5:� r LAX: 56976.2 - ] - Date: 5e-t. 3 1993 ITEM � 7)• AGENDA REPORT MOORPARK REDEVELOPMENT AGENCY TO: The Chairman and Members of the Moorpark Redevelopment Agency FROM: Steven G. Hayes, Economic Development Manager DATE: September 3, 1993 (MRA Meeting of 9- 22 -93) SUBJECT: A Resolution of the Moorpark Redevelopment Agency Approving and Authorizing the Chairman to Execute Public Works Cooperation Agreements by and between the City of Moorpark and the Moorpark Redevelopment Agency Relating to Public Improvements in the Moorpark Redevelopment Project Area and Public Improvements Outside the Project Area that Provide Benefit to the Project Area (Confirming Reimbursement of Funds by the Agency to the City for Public Improvement Projects) DISCUSSION• The attached Public Works Cooperation Agreement is being presented to the Moorpark Redevelopment Agency (MRA). This agreement is being presented in accordance with Section 33670 of the California Community Redevelopment Law and for auditing purposes for filing the Annual Statement of Indebtedness. The monies listed in Exhibit "A ", attached to the Public Works Cooperation Agreement for the various project has been previously approved by the City Council and the MRA. The attached Agreement also increases the interest rate from the existing rate which is based on the daily average rate paid by the Local Agency Investment Fund to pay interest at the lessor of ten percent (10 %) per annum or the maximum rate allowed by law. RECOMMENDATION• Staff recommends that the Moorpark Redevelopment Agency adopt Resolution No.93- authorizing the Chairman to execute the attached Public Works Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. MOORPARK CAUF+ORNIA Attachment: Resolution No.93 -1I �01UX MWTAOENM Public Works Cooperation Agreement MOE" MRA /SGH017 /AGN /09 /03/93 ITEM.#. E-� AGENDA REPORT MOORPARK REDEVELOPMENT AGENCY TO: The Chairman and Members of the Moorpark Redevelopment Agency FROM: Steven G. Hayes, Economic Development Manager DATE: September 3, 1993 (MRA Meeting of 9- 22 -93) SUBJECT: A Resolution of the Moorpark Redevelopment Agency Approving and Authorizing the Chairman to Execute a Cooperation Agreement by and between the Moorpark Redevelopment Agency and the City of Moorpark (Confirming Previous City Loans to the Agency) DISCUSSION• The attached Cooperation Agreement is being presented to the Moorpark Redevelopment Agency (MRA). This agreement is being presented in accordance with Section 33670 of the California Community Redevelopment Law and for auditing purposes for filing the Annual Statement of Indebtedness. The monies listed in Exhibit "A" attached to the Cooperation Agreement, have previously been allocated as loans from the City to the Agency. The loan portion contained in Exhibit "A" were funds approved at the time of the adoption of the Redevelopment Agency's budget and are included in the City's Department Operating Fund 70. The additional funding portion of the Exhibit indicates funding for projects that were allocated after the adoption of the budget. As stated before, there are no new allocations for funding contained within the Exhibit. The attached Agreement also increases the interest rate from the existing rate which is based on the daily average rate paid by the Local Agency Investment Fund to pay interest at the lessor of ten percent (10 %) per annum or the maximum rate allowed by law. RECOMMENDATION• Staff recommends that the Moorpark Redevelopment Agency adopt Resolution No.93- authorizing the Chairman to execute the attached Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency. Attachment: Resolution No. 93- �iL- ' TAGEN A I�OEY'E�OPMENT AGENCY Cooperation Agreement MEETWO MRA /SGH015 /AGN/09/03/93 CF "ca. ON: 1.. 6Y ITEM �. AGENDA REPORT MOORPARK REDEVELOPMENT AGENCY MOOPIPPJW, CAUFORNIA IMDE MOPMEII1 AGENCY TO: The Chairman and Members of the Moorpark Redevelopment ffill ly FROM: Steven G. Hayes, Economic Development Manager igg DATE: September 3, 1993 (MRA Meeting of 9- 22 -93) SUBJECT: A Resolution of the Moorpark Redevelopment Agency Approving and Authorizing the Chairman to Execute the Attached Public Works Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency Relating to Public Improvements in the Moorpark Redevelopment Project Providing Redevelopment Funds for Public Improvements at Arroyo Vista Community Park DISCUSSION• The approval and funding for the Arroyo Vista Community Park was considered at the regularly scheduled City Council Meeting of May 26, 1993 (minutes of this meeting are attached). The Public Works Facilities and Solid Waste Committee - Councilmembers Scott Montgomery and John Wozniak - reviewed this Project and forwarded their recommendations to the City Council. At that meeting the City Council recommended that Moorpark Redevelopment Agency Funds, in the amount not to exceed $226,923.85 (total bid amount $1,755,008.00), be requested from the Agency in order to help the City construct the needed improvements at the Arroyo Vista Community Park. Even though the Arroyo Vista Community Park is not located within the Project Area, the requested funding will support needed improvements that will benefit the immediate area which includes a portion of the Project Area that is contiguous with the park site. FUNDING• Funds for this project could be allocated from Public Sector Bond Proceeds. Redevelopment funds not associated with the bond issue are available, however, the bond proceeds must be expended within the next 33 months. Other sources of funding that could be made available are Park Improvement Funds by loaning funds between Park Zones or City General Funds by drawing down the City's reserves. Staff recommends funding the improvements from the bond proceeds as the only reasonably available funds. RECOMMENDATION• Staff recommends that the Moorpark Redevelopment Agency adopt Resolution No.93- authorizing the Chairman to execute the attached Public Works Cooperation Agreement by and between the City of Moorpark and the Moorpark Redevelopment Agency, further, that the funding amount not exceed $226,923.85 from the Redevelopment Bond Proceeds. Attachments: Resolution No. 93- Public Works Cooperation Agreement Minutes of May 26, 1993 MRA /SGH020 /AGN/09/03/93 Minutes of the City Council Moorpark, California 3 May 26, 1993 Mr. Aguilera gave the staff report. Ms. Kane read the ordinance title. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to read the ordinance title only. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Councilmember Hunter seconded a motion to waive further reading and declare Ordinance No. 169 introduced for first reading. The motion carried by unanimous voice vote. 11. ACTION /DISCUSSION ITEMS: A. Consider Bids for the Construction of the Community Building and Gymnasium at Arroyo Vista Community Park. Staff Recommendation: 1) Award a contract for the subject construction to Tri -Build Development for the bid amount of $1,755,008.00; 2) Approve a ten percent contingency for the project; and, 3) Authorize the Mayor to sign necessary contract documents. Mr. Gilbert gave the staff report. Councilmember Perez indicated his discomfort in committing Redevelopment Agency funds to this project. Mayor Lawrason also indicated he shared the same concerns as Councilmember Perez. Councilmember Montgomery indicated that with the proceeds from the bond sale there was funding available. He said that if the recommended allocations were not made then a similar type of allocation from the Redevelopment Agency funds would be necessary to construct the downtown park. In response to Councilmember Perez, Councilmember Montgomery indicated that Redevelopment Agency funds could be appropriately used for City parks. Councilmember Montgomery indicated that General Fund Reserves should not be depleted at this time by allocating funds from that source for this project. Mayor Lawrason said because of budget constraints, he could agree with Councilmember Montgomery about use of the General Fund. r Minutes of the City Council Moorpark, California 4 May 26, 1993 MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the deduct alternate changing the synthetic rubber sports flooring around the perimeter of the wood gym floor to a less expensive vinyl flooring material; to approve funding as follows: $946,337.20 to be transferred from Fund 05, the Central Zone to the Community Zone and $226,923 .85 to be appropriated from Redevelopment Agency funds by later Redevelopment Agency action; to reject the protest file by McAlpine and Salyer Construction, Inc. ; to award a contract for the subject project to Tri-Build Development Corporation for the bid amount of $1, 755, 008; to approve a ten percent contingency for the project; and to authorize the Mayor to sign the necessary contract documents. The motion carried by unanimous roll call vote. C. Consider Ordinance No. 170, to Amend Chapter 12 .16 of the Moorpark Municipal Code Related to Parks. Staff Recommendation: Introduce Ordinance No. 170, to amend Chapter 12 . 16 of the Moorpark Municipal Code Related to Parks. Mr. Kueny gave the staff report in the absence of the Director of Community Services. MOTION: Councilmember Perez moved and Councilmember Hunter seconded a motion to delete the section relative to metal detection devices from the proposed ordinance. The motion carried by unanimous voice vote. The City Clerk read the ordinance title as amended by the previous action. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to read the ordinance title only. MOTION: Councilmember Perez moved and Councilmember Wozniak seconded a motion to waive further reading and declare Ordinance No. 170 introduced for first reading as amended. The motion carried by unanimous voice vote. F. Consider Request from the Handicapped Equestrian Learning Program (H.E.L.P. ) to Conduct Bingo Games at 7155 Walnut Canyon Road. Staff Recommendation: Direct staff as deemed appropriate. CONSENSUS: By consensus, the Council determined to receive late information provided by Mr. Pete Peters relative to H.E.L.P. 's nonprofit status.