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HomeMy WebLinkAboutAG RPTS 2003 0305 RDA REG0 ' -(ESTABLISHED MAM 11L Way 4 1F0 it��� OF MJ� Resolution No. 2003 -111 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, MARCH 5, 2003 6:30 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. PRESENTATION /ACTION /DISCUSSION A. Consider Authorizing Supplemental Loan of $350,000 from Redevelopment Agency Tax Increment Funds to Janss IV Recreation for the Theater on High Street Project. Continued from February 19, 2003. Staff Recommendation: Approve a $350,000 loan from Redevelopment Agency Tax Increment funds to Janss IV Recreation for the Theater on High Street Project consistent with the terms specified in the agenda report; and with loan terms, security agreement and all other documents subject to final language approval by the Executive Director and Agency Counsel. (Staff: Julie C.T. Hernandez) 5. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of Jul 17, 2002. Consider Approval of Minutes of Regular Meeting of February 19, 2003. Staff Recommendation: Approve minutes. Redevelopment Agency Agenda March 5, 2003 Page 2 5. CONSENT CALENDAR: (Continued) B. Consider Mid -Year Amendments to 2002/2003 Fiscal Year Budget. Staff Recommendation: Adopt Resolution 2003 - amending the FY 2002/2003 budget. ROLL CALL VOTE REQUIRED (Staff: Cynthia Borchard) C. Consider Declaring Construction Project at 284 Charles Street Complete, Authorizing Recordation of Notice of _Completion, and Releasing Retention Funds to Contractor. Staff Recommendation: 1) Declare construction of replacement house at 284 Charles Street complete; 2) Authorize Agency Secretary to record Notice of Completion; and 3) Authorize release of retention funds in the sum of $19,718.71 to Century Construction, Inc., effective 30- days after recordation of Notice of Completion. (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) 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 : Redevelopment Agency Agenda March 5, 2003 Page 3 Any member of the public may address the Agency during the Public Comments portion of the 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 PresenLat ions /Action/ Discussion item must do so durina 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 ou need assistance to participate in this meeting, please contact the City Clerk /s Department at (805) 517 -6223 Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104 ADA Title II). ISM _ 840 a. CM OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of 3- 5 -41003 ACTION: Ar cd .gk& MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT l?Y:�._lt�x -� To: Honorable Agency Board of Directors From: Julie C.T. Hernandez, Senior Management Analyst Date: February 24, 2003 (MRA Board Mtg. of March 5, 2 03) Subject: Consider Authorizing Supplemental Loan of $350,000 from Redevelopment Agency Tax Increment Funds to Janss IV Recreation for the Theater On High Street Project BACKGROUND On October 8, 2002, the Budget and Finance Committee (Mayor Hunter and Councilmember Wozniak) reviewed and recommended to the Moorpark Redevelopment Agency a loan of $400,000 to Janss IV Recreation, Inc. for the Theater on High Street Project, which includes both the renovation of the Theater on High Street at 45 East High Street, and the acquisition and renovation of 11 -17 East High Street. Specifically, this funding was for the acquisition costs of 11 -17 East High Street. On October 17, 2002, this funding was approved by the Moorpark Redevelopment Agency, and the loan has been completed. On October 8, 2002, the Budget and Finance Committee also discussed a supplemental loan amount of $100,000 that was originally requested by Janss IV Recreation for the Theater on High Street Project. The Committee decided to consider this request at a later time. On February 5, 2003, the Budget and Finance Committee (Mayor Hunter and Councilmember Harper) considered the prior request by Janss IV Recreation for a supplemental loan amount of $100,000, along with a new request for an additional loan amount of $250,000 for the Theater on High Street Project. The Budget and Finance Committee decided to recommend to the Moorpark Redevelopment Agency the supplemental loan of $100,000, which was placed on the Moorpark Redevelopment Agency agenda for February 19, 2003. The Committee further decided to consider the newest request for an additional loan amount of $250,000 at a later time. 000601 Honorable Agency Board February 24, 2003 Page 2 The additional loan amount was considered at the Budget and Finance Committee meeting of February 19, 2003. The Budget and Finance Committee decided to recommend to the Moorpark Redevelopment Agency the additional loan amount of $250,000, which was to be combined with the $100,000 supplemental loan already being recommended by the Budget and Finance Committee, for a total supplemental loan amount of $350,000. In addition, the Budget and Finance Committee also recommended that the full $350,000 supplemental loan amount have some different terms than the prior approved loan of $400,000. In order to re- package the supplemental loan of $350,000, the Moorpark Redevelopment Agency agenda item, which was placed on the Moorpark Redevelopment Agency agenda for February 19, 2003, was pulled off of the agenda, to be brought back and considered on March 5, 2003. DISCUSSION The Theater on High Street Project, as it was initially considered, included the rehabilitation of the theater at 45 East High Street and the acquisition and rehabilitation of 11 -17 East High Street. The 11 -17 building will provide space for set design, rehearsal, and other support services for the Theater on High Street. The building will continue to provide commercial space for small commercial enterprises, such as those currently occupying space in that building. Beyond the original loan amount of $400,000 for the acquisition of 11 -17 East High Street, the owner previously indicated a need for supplemental financial assistance in the amount of $100,000 for the Theater on High Street Project. Financing could be provided from Redevelopment Agency Tax Increment funds, in keeping with the purpose of such funds to revitalize blighted commercial neighborhoods. The owner has now requested an additional $250,000, which would bring the total request for supplemental loan funds to $350,000. The market value of 11 -17 East High Street is four hundred thousand dollars ($400,000). As this full sum is being utilized as security on the first loan of $400,000 provided by the Redevelopment Agency, security for the $350,000 will be provided by a Deed of Trust on the Theater on High Street property, a Promissory Note, an Irrevocable Letter of Credit, as well as personal and corporate guarantees from Mr. Janss and Janss IV Recreation. 300W2 Honorable Agency Board February 24, 2003 Page 3 The Budget and Finance Committee recommends the supplemental loan amount of $350,000, with terms as follows: a thirty (30) year amortized loan with interest fixed at three per cent (3 %) due in five (5) years. In addition, the owner is required to provide an Irrevocable Letter of Credit for the $350,000 loan amount, with the additional cost to the owner for the Irrevocable Letter of Credit being offset by a $200 /month credit on his monthly loan payment. The form of the Irrevocable Letter of Credit shall be approved by Agency Counsel. If the Agency loans funds prior rehabilitated theater, provisions of prevailing wage requirements, would construction on either property would SB 975 so long as the Moorpark Redevelc the property. STAFF RECOMMENDATION to occupancy of the SB 975, pertaining to be applicable. Future require conformance with )pment Agency has loans on Approve a $350,000 loan from Redevelopment Agency Tax Increment funds to Janss IV Recreation for the Theater on High Street Project consistent with the terms specified in the agenda report; and with loan terms, security agreement and all other documents subject to final language approval by the Executive Director and Agency Counsel. IX"03 ___ CITY OF'VTOORPARK CALIFORNIA ITEM- At _ A. �.. I Redevelopment Agency Meeting of J -6--4000 ACTION: qdJ&j&At& dg-- $Y' �J7tG;utu�►`� �� � MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California July 17, 2002 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on July 17, 2002, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hunter called the meeting to order at 7:01 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, and Chair Hunter Absent: Agency Members Harper and Wozniak Staff Present: Steven Kueny, Executive Director; Joseph Montes, Agency General Counsel; Hugh Riley, Assistant Executive Director; and Deborah Traffenstedt, Agency Secretary 3. PUBLIC COMMENT: David A. Jacobs, a Moorpark resident, stated his concerns relative to the Toll Brothers project, including restrictions on his construction of drainage improvements to carry roof drainage to the street. Mayor Hunter explained that the City Council would be discussing the Toll Brothers project. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Amendments to 2001/2002 Fiscal Year Budget. Staff Recommendation: Adopt Resolution No. 2002 -109 amending the 2001/2002 budget as noted in Exhibit A to the attached resolution. (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Mikos moved and Agency Member Millhouse seconded a motion to adopt Resolution No. 2002- 109 amending the 2001/2002 budget as noted in exhibit "A" to the attached resolution. The motion carried by roll call vote 3 -0, Agency Members Harper and Wozniak absent. J�OQV64 Minutes of the Redevelopment Agency Moorpark, California Paqe 2 July 17, 2002 5. CLOSED SESSION: Mr. Kueny requested that the Agency recess at this time and go into Closed Session under Item S.C. following the City Council meeting. AT THIS POINT in the meeting, a recess was declared. The time was 7:08 p.m. The Agency reconvened into open session at 10:09 p.m. MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to go into Closed Session for discussion of Item S.C. The motion carried by voice vote 3 -0, Agency Members Harper and Wozniak absent. The time was 10:09 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 Mikos and Millhouse, and Chair Hunter; Steven Kueny, Executive Director; Joseph Montes, Agency General Counsel; Hugh Riley, Assistant Executive Director; and Deborah Traffenstedt, Agency Secretary. The Agency reconvened into open session at 10:26 p.m. Mr. Kueny announced that Item S.C. was discussed and that there was no action to report. 6. ADJOURNMENT: Chair Hunter adjourned the meeting at 10:26 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary r: MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California February 19, 2003 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on February 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 7:23 p.m. 2. ROLL CALL: Present: Agency Members Harper, Mikos, Parvin, and Chair Hunter. Absent: Agency Member Millhouse Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant Executive Director; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. PRESENTATION /ACTION /DISCUSSION: A. Consider Authorizing Supplemental Loan of $100,000 from Redevelopment Agency Tax Increment Funds to Janss IV Recreation for the Theater on High Street Project. Staff Recommendation: Approve a $100,000 loan from Redevelopment Agency Tax Increment funds to Janss IV Recreation for the Theater on High Street Project Mr. Kueny requested a continuance to March 5, 2003, to consider a companion request for $250,000, which the Budget and Finance Committee considered and which would create a new recommendation with revised terms and conditions. Minutes of the Redevelopment Agency Moorpark, California Paqe 2 February 19, 2003 In response to Agency Member Mikos, Mr. Kueny stated that the Budget and Finance Committee will be recommending revised terms. In response to Mayor Hunter, Ms. Traffenstedt stated that there were no speakers. MOTION: Agency Mikos seconded a 2003. The motion Millhouse absent. 5. CONSENT CALENDAR: Member Harper moved and Agency Member motion to continue this item to March 5, carried by voice vote 4 -0, Agency Member MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a motion to adopt the Consent Calendar. The motion carried by roll call vote 4 -0, Agency Member Millhouse absent. A. Consider Approval of Minutes of Regular Meeting of February 5, 2003. Staff Recommendation: Approve minutes. B. Consider Approval for Consulting Services with Rollins Consulting, Inc. to Administer and Coordinate Demolition of Agency -owned Structures. Staff Recommendation: Approve agreement with Rollins Consulting, Inc., subject to final approval by the Executive Director. (Staff: Hugh Riley) 6. CLOSED SESSION: None was held. X60067 Minutes of the Redevelopment Agency Moorpark, California Page 2 February 19, 2003 7. ADJOURNMENT: MOTION. Agency Member Harper moved and Agency Member Parvin seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by voice vote 4 -0, Agency Member Millhouse absent. The time was 7:25 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 3w()()S MOORPARK REDEVELOPMENT AGENDA REPORT ITEM � S CITY OF MOO RPARK, CALIFORNIA Redevelopment Agency Meeting of i'.5 0we03 ACTION: a4AAJ ;Sa AGEN TO: Honorable Board of Directors ' FROM: Cindy Borchard, Administrative Services Directorl�;p v DATE: February 18, 2003 (meeting of March 5, 2003) SUBJECT: CONSIDER MID -YEAR AMENDMENTS TO 2002/2003 FISCAL YEAR BUDGET BACKGROUND The Board of Directors adopted a budget for fiscal year 2002/2003 on June 5, 2002 and has amended it several times for various projects and programs. After a review of the current budget status, in anticipation of developing a budget recommendation for the new fiscal year, staff has compiled additional recommended budget amendments for the Board's consideration. nT S[R7S SAN The attached resolution makes two adjustments to the currently adopted 2002/2003 fiscal year budget, with an explanation for each in exhibit "A ". All of these adjustments are simply actions to "clean up" the budget for actions already taken or directed by the Board. STAFF RECOMMENDATION (Roll Call Vote Required) 1. Adopt Resolution 2003- amending the 2002/2003 budget as noted in exhibit "A" to the attached resolution. NL RESOLUTION 2003- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2002/2003 ADOPTED OPERATING BUDGET WHEREAS, on June 5, 2002, the Board of Directors adopted the operating budget for fiscal year 2002/2003; and WHEREAS, certain additions and adjustments to the budget are proposed to allow for effective service delivery for the balance of the fiscal year; and WHEREAS, the Board of Directors now wishes to amend the 2002/2003 fiscal year budget as noted in exhibit "A ". NOW, THEREFORE, THE AGENCY BOARD OF DIRECTORS OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment as 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 5th day of March, 2003. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 1360014) Exhibit "A" Moorpark Redevelopment Agency Mid Year Budget Amendment for the 200212003 Fiscal Year M r Current Revised Budget Unit Account Division Description Budget Change Budget Explanation 2901 9262 MRA/Low Mod Loss on sale 0 19,359 19,359 Sale of 6479 -B Penn St. residence 2902 - 2410 -0000 9103 MRA Econ. Devel Special professional 96,500 4,000 100,500 RPD -21 dues 2902 - 2410 -0000 9123 MRA Econ. Devel Legal services 0 40,251 40,251 Legal services for Mission Bell 2902 - 2410 -0000 9252 MRA Econ. Devel Property maintenance 7,500 5,000 12,500 Additional property maintenance fees 2902 - 2410 -0000 9282 MRA Econ. Devel Rehabilitation loans 0 400,000 400,000 Loan to Janss IV Recreation, Inc. 2902 - 2410 -0000 9821 MRA Econ. Devel Tax Increment T/O 0 84,114 67,291 Required RDA shift of property tax revenues to ERAF Total 552,724 M r ITEM '•S• C • MOORPARK REDEVELOMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: Nancy Burns, Senior Management Analyst Date: February 19, 2003 (MRA Board Mtg. March 5, 2003) Subject: Consider Declaring Construction Project at 284 Charles Street Complete, Authorizing Recordation of Notice of Completion, and Releasing Retention Funds to Contractor BACKGROUND In order to construct a new fire station on High Street, the property at 661 Magnolia Street must be acquired and the dwelling unit thereon must be demolished. The Agency and the property owner entered into an Agreement of Purchase and Sale, effective January 31, 2001. This agreement is for the Agency's acquisition of 661 Magnolia, the construction of a replacement house at 284 Charles Street, and the sale of the replacement house to the current owner of 661 Magnolia Street. DISCUSSION On June 19, 2002, the Agency Board awarded a construction contract for $172,000 to Century Constructors to build a replacement dwelling unit at 284 Charles Street. Total construction costs were $197,187. The project has been completed and a Notice of Completion has been prepared. STAFF RECOMMENDATION 1. Declare construction of replacement house at 284 Charles Street complete; 2. Authorize Agency Secretary to record Notice of Completion; 3. Authorize release of retention funds in the sum of $19,718.71 to Century Constructors, Inc., effective 30 days after recordation of Notice of Completion.