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Resolution No. 2003 -135
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, DECEMBER 3, 2003
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of
November 19, 2003.
Staff Recommendation: Approve minutes.
B. Consider Resolution Rescindinq Resolution No. 2003 -121 and
Amending Fiscal Year 2003/04 Agency Budget for
Construction of Three Dwelling Units on Agency Owned Land
within Tentative Tract 5307. Staff Recommendation: Adopt
Resolution No. 2003- ROLL CALL VOTE REQUIRED (Staff:
Nancy Burns)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
Redevelopment Agency Agenda
December 3, 2003
Page 2
6. CLOSED SESSION: (continued)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark (Case No. SCO28906)
7. ADJOURNMENT:
Any member of e public may address the Agency during the Public Comments portion o e
Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers
who wish to address the Agency concerning a Public Hearing or Presentations /Action/
Discussion item must do so during the Public Hearing or Presentations /Action /Discussion
portion of the Agenda for that item. Speaker cards must be received by the City Clerk for
Public Comments prior to the beginning of the Public Comments portion of the meeting and
for Presentation /Action /Discussion items prior to the beginning of the first item of the
Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing
must be received prior to the beginning of the Public Hearing. A limitation of three
minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item
speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing
item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open
Public Hearings and Presentation/Action/Discussion items. Copies of each item of business
on the agenda are on file in the office of the City Clerk and are available for public
review. Any questions concerning any agenda item may be directed to the City Clerk at (805)
517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to
review an agenda or participate in this meeting, including auxiliary aids or services,
please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can
be made available in appropriate alternative formats to persons with a disability. Any
request for disability- related modification or accommodation should be made at least 48
hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA
Title II) .
-CITY OF MOORPARK, CALIFORNIA ITEM 5 -A
Redevelopment Agency Meeting
/I -3 -'?0
ACTION'
15y.' y"h A- �-�--
r� MINUTES OF THE REDEVELOPMENT AGENCY
Moorpark, California
November 19, 2003
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on November 19, 2003, in the Community Center
of said City located at 799 Moorpark Avenue, Moorpark,
California.
1. CALL TO ORDER:
Chair Hunter called the meeting to order at 7:50 p.m.
2. ROLL CALL:
Present: Agency Members Harper, Mikos, Millhouse,
Parvin, and Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Joseph
Montes, General Counsel; Nancy Burns, Senior
Management Analyst; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
None.
5. CONSENT CALENDAR:
MOTION: Agency Member Mikos moved and Agency Member Parvin
seconded a motion to adopt the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Meeting of
November 5, 2003.
Staff Recommendation: Approve minutes.
B. Consider Resolution Authorizing Partial Reimbursement
of Costs to Cabrillo Economic Development Corporation
(CEDC) for Storm Drain and Road Improvements in
Mountain View Residential Development (Tract No. 5161,
Residential Planned Development No. 98 -7). Staff
Recommendation: Approve Resolution No. 2003 -134 to
000001
Minutes of the Redevelopment Agency
Moorpark, California Page 2 November 19, 2003
amend Agency Budget for $97,750. ROLL CALL VOTE
REQUIRED
6. CLOSED SESSION:
Mr. Kueny requested that the Agency recess the meeting and
reconvene into closed session for a discussion of Item 6.C.
at the conclusion of the City Council meeting.
AT THIS POINT in the meeting, a recess was declared. The time
was 7:51 p.m. The meeting reconvened at 11:07 p.m.
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Section 54956.9)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark (Case No. SCO28906)
Present in closed session were Agency Members Harper,
Mikos, Millhouse, Parvin, and Chair Hunter; Steven Kueny,
Executive Director; Joseph Montes, General Counsel; and
Deborah Traffenstedt, Agency Secretary.
The Agency reconvened into open session at 11:15 p.m. Mr.
Kueny announced that Item 6.C. was discussed and that there
was no action to report.
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 11:15 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
000002
1117ETEM 5• a•
CITN' OF MOORPARK, CALIFORINIA
Redevelopment Agency Meeting
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ACTION:
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BY:snte.1,�_
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
To: Honorable Agency Board of Directors
From: Nancy Burns, Senior Management Analyst
Date: November 18, 2003 (MRA Meeting of December 3, 2003)
Subject: CONSIDER RESCINDING RESOLUTION NO. 2003 -121 AND
ADOPTING RESOLUTION NO. 2003- TO AMEND THE MRA
BUDGET IN THE AMOUNT OF $457,500 FOR CONSTRUCTION OF 3
DWELLING UNITS ON AGENCY OWNED LAND WITHIN TT 5307
BACKGROUND
At its June 4, 2003, Regular Meeting, the Moorpark Redevelopment
Agency approved an agreement with Colmer Construction for the
construction of three (3) single family detached units. These
dwelling units are to be built on Agency owned land at the
northwest corner of Los Angeles Avenue and Millard Street. This
land has been included within Tentative Tract Map No. 5307, per
Council approval of General Plan Amendment No. 2002 -04, Zone
Change No. 2002 -04, and Modification to the Tentative Tract Map
and Residential Planned Development for the Colmer project.
These three (3) units, added to the initial twenty -two (22)
dwelling units approved for the Colmer project, brings the total
for the project to twenty -five (25) units, six (6) of which will
be affordable to low and very low income households.
DISCUSSION
The Construction Agreement provides for a total of four hundred
fifty -seven thousand five hundred dollars ($457,500) to be paid
for the construction of three (3) units on Agency -owned
property. These costs include three hundred eighty -two thousand
five hundred dollars ($382,500) for construction costs, plus
development fees totaling seventy -five thousand dollars
000003
Honorable Agency Board of Directors
Date 11/24/03
Page 2
($75,000) . Resolution No. 2003 -121, approved on June 4, 2003,
appropriated $457,500 to purchase, rather than construct, three
(3) homes.
STAFF RECOMMENDATION: (Roll call vote)
Approve Resolution No. 2003- to Rescind Resolution No.
2003 -121 and amend the budget by appropriating funds for the
construction of 3 dwelling units on Agency owned land in TT
5307.
Attachment: Resolution No. 2003- with budget amendment
000004
RESOLUTION NO. 2003 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, RESCINDING
RESOLUTION NO. 2003 -121 AND AMENDING THE FY
2003/2004 CAPITAL IMPROVEMENT PROJECT BUDGET BY
APPROPRIATING $457,500 FROM THE HOUSING SETASIDE
FUND FOR CONSTRUCTION OF 3 DWELLING UNITS BY
COLMER CONSTRUCTION
WHEREAS, on June 5, 2002, the Moorpark Redevelopment Agency
Board of Directors adopted the Moorpark Redevelopment Agency
budget for Fiscal Year 2002/2003; and
WHEREAS, on June 4, 2003, the Moorpark Redevelopment Agency
adopted Resolution No. 2003 -121 to purchase 3 single family
homes from Colmer Construction at a total cost of $457,500; and
WHEREAS, the Moorpark Redevelopment Agency wishes to
rescind said Resolution No. 2003 -121; and
WHEREAS, on June 18, 2003, the Moorpark Redevelopment
Agency adopted the budget for Fiscal Year 2003/2004; and
WHEREAS, on November 21, 2001, the Moorpark Redevelopment
Agency acquired a .33 acre parcel for the development of
affordable homes in furtherance of the goals of the City of
Moorpark's General Plan Housing Element; and
WHEREAS, the .33 acre site was made a part of Tentative
Tract Map No. 5307 through approval of a Major Modification,
approved by the City of Moorpark on November 6, 2002; and
WHEREAS, Colmer Construction intends to construct twenty -
two (22) single family detached homes, and an additional three
(3) homes of the same design on the .33 acre site; and
WHEREAS, the Moorpark Redevelopment Agency Board of
Directors now wishes to amend the adopted budget to reflect the
cost to cause three ( 3 ) dwelling units to be constructed on its
.33 acre site by Colmer Construction, in the amount of $382,500
for construction costs, plus $75,000 for associated City
Development fees, for a total cost of $457,500 from the Housing
Setaside Fund.
000005
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A budget amendment in the total amount of
$457,500 from the Housing Setaside Fund, with $382,500 to
Construction of Buildings and $75,000 to Construction Permits
and Licenses, as more particularly described in Exhibit "A ",
attached hereto, is hereby approved.
SECTION 2. The Agency Secretary shall certify to the
adoption of this resolution and shall cause a certified
resolution to be filed in the book of original Resolutions.
PASSED AND ADOPTED this 3rd day of December, 2003.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Attachment "A" - Budget Amendment Detail
000006
EXHIBIT A
BUDGET AMENDMENT FOR
MRA HOUSING
2003 -04
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA - Housing
2901 -5500
$ 457,500.00
$ 382,500.00
$ 382,500.00
2901 - 2420 - 2011 -9603
Total
$ 75,000.00
$ 457,500.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2901 - 2420 - 2011 -9620
$ -
$ 382,500.00
$ 382,500.00
2901 - 2420 - 2011 -9603
$ 75,000.00
$ 75,000.00
$ -
Total
$ -
$ 457,500.00
$ 457,500.00
Approved as to Form: b
000007