HomeMy WebLinkAboutAG RPTS 2003 0521 RDA REGJ ESTABLISHED
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Resolution No. 2003 -117
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, MAY 21, 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 Approval of Grant Agreement for Building and Site
Improvement Grant to Catholic Charities Los Angeles, Inc.
for $28,300 for a Temporary Location of Their Moorpark
Service Center. Staff Recommendation: 1) Approve Grant
Agreement with Catholic Charities Los Angeles, Inc.
subject to final language approval by the Executive
Director and authorize Executive Director to sign
Agreement on behalf of the Agency; and 2) Adopt Resolution
No. 2003- , amending the Agency Operating Budget. ROLL
CALL VOTE REQUIRED (Staff: Hugh Riley)
B. Consider Modification to Terms and Conditions for Agency
Financing to Janss IV Recreation Inc. for Theater on High
Street and Amend Agency Budget. Staff Recommendation: 1)
Approve the modification to the terms of the loan to Janss
IV Recreation as stated in the agenda report; and 2.
Approve Resolution No. 2003- , amending the Agency
Budget. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley)
Redevelopment Agency Agenda
May 21, 2003
Page 2
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of May 7,
2003. Staff Recommendation: Approve minutes.
B. Consider Adoption of Resolution Rescinding Resolution No.
2003 -115 Amending the Agency Budget for the Purchase and
Sale of Property at 47 -51 West High Street. Staff
Recommendation: Adopt Resolution No. 2003- (Staff:
Hugh Riley)
C. Consider Resolution Amending the Moorpark Redevelopment
Agency Fiscal Year 2002/2003 Budget to Provide for
Professional Contractual Services Related to Demolition of
Agency -owned Structures. Staff Recommendation: Adopt
Resolution No. 2003- ROLL CALL VOTE REQUIRED.
(Staff: Hugh Riley)
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)
7. ADJOURNMENT:
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 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 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).
ITEM 4. A.
CITY OF MOORPARK, CAI_,T_F7nrWX-
Redevelopment Agencv, Meeting
of -- -21- 20c,-;5
By. 1
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director �.
DATE: May 14, 2003 (MRA Meeting of 5/21/03)
SUBJECT: Consider Approval of Grant Agreement for Building
and Site Improvement Grant to Catholic Charities
Los Angeles, Inc. for $28,300 For a Temporary
Location of Their Moorpark Service Center
DISCUSSION
On April 16, 2003 The Moorpark Redevelopment Agency
approved a 2 -year lease of .44 acres at the corner of Fitch
Avenue and Minor Street to Catholic Charities for a
temporary office location to allow the continuation of
their food and clothing distribution and emergency
assistance services in Moorpark. The Agency also approved a
grant to Catholic Charities not to exceed $28,300 for
certain building and site improvements at the temporary
service location.
Catholic Charities has secured the donation of a 60' X 72'
temporary modular building that has been located on the
temporary site. Sharma General Engineering Contractors,
Inc. has donated the modular building as well as the cost
of dismantling and reassembly, transport, set -up, site
grading and a temporary parking area. Donations are also
being sought by Catholic Charities for the necessary
interior modifications to the building and to construct
handicapped access ramps and perimeter skirting.
Agency Board of Directors
May 12, 2003
Page 2
Staff has prepared a Grant Agreement with Catholic
Charities that includes recommended provision for the use
of Agency funds for the project. Agency funds will be used
for the following improvements:
Temporary Power $ 2,000
Water service 3N "Meter $ 2,306
Connection Fee (water) $ 2,235
Sewer Connection /fee $ 2,665
Installations (includes street cuts,
pipe and valve installation $ 8,094
4° Temporary sidewalk- 400 LF @ $20.00 $ 8,000
Fencing & landscaping $ 3,000
TOTAL $28,300
STAFF RECODDAENDATION
1. Approve Grant Agreement with Catholic Charities Los
Angeles, Inc. subject to final language approval by the
Executive Director and authorize Executive Director to sign
Agreement on behalf of the Agency.
2. Adopt Resolution No. 2003 - Amending the Agency
Operating Budget (ROLL CALL VOTE REQUIRED)
Attachments: Grant Agreement
Resolution No. 2003-
GRANT AGREEMENT
BY AND BETWEEN
THE MOORPARK REDEVELOPMENT AGENCY
CATHOLIC CHARITIES
$ 28,300
FOR TEMPORARY SERVICE OFFICE LOCATION
GRANT AGREEMENT
THIS AGREEMENT, made and entered into this _ day of , 2003, between
the Moorpark Redevelopment Agency, hereinafter referred to as "GRANTOR ", and
CATHOLIC CHARITIES, a California non - profit organization, hereinafter referred to
as "GRANTEE ".
ARTICLE 1. TERM OF CONTRACT
Section 1.01. This agreement will become effective on May 19, 2003, and
will continue until June 30, 2004, or until stipulated site improvements have
been completed unless sooner terminated pursuant to the terms of this agreement.
ARTICLE 2. IMPROVEMENTS TO BE MADE BY GRANTEE
Section 2.01. GRANTEE agrees to make the Improvements specified in Exhibit
"A ", entitled "Site Improvements ", associated with the location of a temporary
Service Location on GRANTOR -OWNED property at Fitch Street and Minor Street and
more particularly described in "Exhibit B." Exhibits "A" and "B" are attached
hereto and made a part of this Agreement as though fully set forth herein.
GRANTEE further agrees to provide Programs and Services including but not limited
to food and clothing distribution at the temporary location.
Responsible Person In Char
Section 2.02. The Regional Director will serve as the employee of the
GRANTEE principally responsible for execution of GRANTEE'S obligations under this
Agreement and shall serve as principal liaison between GRANTOR and GRANTEE. In
the event the services of this position are no longer available, the GRANTEE
reserves the right to terminate this contract at any time. GRANTEE shall be
entitled to reimbursement for all expenses incurred prior to the effective date
of such termination, and as stated in Article 3 of this Agreement.
Method of Completing Improvements Services
Section 2.03. GRANTEE will employ any and all contractors or tradesman
necessary to complete the site improvements detailed in "Exhibit A ", including
securing the necessary permits and licenses associated with the improvements.
Grantee agrees to comply with all applicable federal, County and City
requirements relative to the building and site improvements.
ARTICLE 3. COMPENSATION
Section 3.01. As sole and complete consideration for the building and site
improvements to be performed by GRANTEE, GRANTOR agrees to pay to GRANTEE, a
total GRANT not to exceed $28,300.
Payment of Compensation
Section 3.02. GRANTOR Shall pay to GRANTEE an advance of $16,000 upon
execution of this Agreement. GRANTEE shall submit to GRANTOR a written statement
of costs obligated in connection with the improvements completed commencing with
the month ending May 31, 2003.
Payment to GRANTEE shall be made by the GRANTOR within 35 days of receipt of
statement of costs, except for those which are contested or questioned and
returned by City, with written explanation within 30 days of receipt of
statement.
GRANT AGREEMENT \Catholic Charities 2003
May 15, 2003
Page 1 of 14
GRANTEE shall provide to GRANTOR a written response to any invoice contested or
questioned and further, upon request of City, provide City with any and all
documents related to any invoice.
ARTICLE 4. OBLIGATIONS OF GRANTEE
Section 4.01 GRANTEE agrees to provide food and clothing distribution and
other community services at the temporary service location for a period of not
less than two years.
Section 4.02 GRANTEE further agrees to comply with any additional
provisions of the Lease Agreement between the GRANTEE and the GRANTOR dated ,
2003 GRANTEE shall obtain any necessary permits and licenses that may be
necessary for its performance of this Agreement.
Assignment
Section 4.03. Neither this agreement nor any duties or obligations
under this agreement may be assigned by GRANTEE without the prior written consent
of GRANTOR.
Fiscal Control
Section 4.04. The GRANTEE shall establish such fiscal controls and fund
accounting procedures as may be deemed necessary by GRANTOR to assure proper
dispersal of, and accounting for, funds paid to the GRANTEE under this Agreement.
ARTICLE 5. OBLIGATIONS OF GRANTOR
Cooperation of GRANTOR
Section 5.01. GRANTOR agrees to provide payments in a timely manner and to
comply with all reasonable requests of GRANTEE relative to, and to provide access
to, all documents reasonably necessary for the performance of GRANTEE'S
obligations under this Agreement.
ARTICLE 6. TERMINATION /SUSPENSION OF AGREEMENT
Termination for Convenience
Section 6.01. This Agreement may be terminated by either party after
thirty (30) days written notice of intention to terminate, setting forth the
reasons for and effective date of such termination, has been given to the other
party, provided, however, that no notice of termination by GRANTEE shall be
effective unless GRANTOR has agreed to release GRANTEE from its obligations
pursuant to the Agreement. Alternatively, the Agreement will be automatically
terminated in the event that GRANTEE ceases to utilize the site for temporary
office space under the terms of the Lease Agreement.
GRANT AGREEMENT \Catholic Charities 2003 Page 2 of 14
May 15, 2003
ARTICLE 7. GENERAL PROVISIONS
Independent Contractor
Section 7.01. The GRANTEE is and shall at all times remain as to the
GRANTOR a wholly independent Contractor. Neither the GRANTOR nor any of its
officers, employees, servants or agents shall have control over the conduct of
the GRANTEE or any of the GRANTEE'S officers, employees, servants, agents or
subcontractors, except as set forth in this Agreement. The GRANTEE shall not at
any time or in any manner represent that it or its officers, employees, servants,
agents or subcontractors are employees of the GRANTOR.
Insurance
Section 7.02. The GRANTOR does not, and shall not waive any rights that
it may have against the Contractor, as contained in this section and described in
as contained in this section and described in Sections 1, 2, 3 and 4, 6 and 7
because of the acceptance by the GRANTOR, or deposit with the GRANTOR, of any
insurance policy or certificate required pursuant to the Lease Agreement. The
hold harmless and indemnification provisions shall apply regardless of whether or
not said insurance policies are determined to be applicable to a claim, damage
demand, liability, loss, cost or expense described in this section.
The Contractor shall secure from a good and responsible company or companies
doing insurance business in the State of California, pay for, and maintain in
full force and effect for the duration of this agreement the policies of
insurance required by this paragraph and shall furnish to the City Clerk of the
City certificates of said insurance on or before the commencement of the term of
this agreement. Notwithstanding any inconsistent statement in any of said
policies or any subsequent endorsement attached thereto, the protection offered
by the policies shall:
1. Name the GRANTOR and its officers, employees, servants and agents serving
as independent contractors in the role of City Attorney, City Engineer,
Moorpark Police or Building Official, as additional insured with the
Contractor;
2. Insure the GRANTOR and its officers and employees, while acting in the
scope of their duties under this agreement against all claims, demands,
damages, liabilities, losses, costs or expenses arising from, or in any
way connected with, the performance of this agreement by the Contractor
for the City;
3. Bear an endorsement or have attached a rider whereby it is provided that,
in the event of cancellation or amendment of such policy for any reason
whatsoever, the GRANTOR shall be notified by mail, postage prepaid, not
less than thirty (30) days before the cancellation or amendment is
effective. GRANTEE shall give the GRANTOR (30) days written notice prior
to the expiration of such policy; and
4. Be written on an occurrence basis.
If Contractor utilizes a cost reimbursement contract and /or cash advances,
Contractor shall provide a fidelity bond to GRANTOR which meets the following
requirements: GRANTEE shall provide and maintain a blanket fidelity bond which
shall apply to the performance of any director, officer, or agent of the GRANTEE
who signs or authorizes signatures on checks or drafts, or in any manner
authorizes the disbursement of project funds. Prior to the payment of program
GRANT AGREEMENT \Catholic Charities 2003 Page 3 of 14
May 15, 2003
funds by the GRANTOR, GRANTEE shall furnish GRANTOR a certificate of insurance
from an insurer admitted to do business in the State of California verifying that
Contractor carries such a bond. Said insurance certificate shall include: a)
GRANTOR is named as an additional insured in said bond, with the provision of
direct payment to GRANTOR; and b) that said bond shall not be canceled or
terminated without a thirty (30) day written notice to GRANTOR. GRANTEE hereby
assigns to GRANTOR any right it has to claim indemnification under such bond.
GRANTEE, at its sole cost and expense, will obtain and maintain in full force
during the term of this contract the following insurance:
Commercial General Liability "occurrence" coverage in the minimum amount
of $1,000,000 combined single limit (CSL) bodily injury & property damage
each occurrence and $2,000,000 aggregate, including personal injury, broad
form property damage, products / completed operations, broad form blanket
contractual and $100,000 fire legal liability;
2. Commercial Automobile Liability coverage in the minimum amount of $1,000,000
CSL bodily injury & property damage, including owned, non -owned and hired
automobiles. Personal Automobile Liability coverage, in the minimum amounts of
$100,000 per Person and $300,000 each Accident Bodily Injury and $50,000 each
Accident Property Damage for each vehicle to be operated in association with
this contract that is not insured under Commercial Automobile Liability; and
Workers' Compensation (WC) coverage, in full compliance with California
statutory requirements, for all employees of Contractor in the minimum
amount of $1,000,000. If any class of employees engaged by Contractor in
work under this agreement is not protected by the workers' compensation
law, Contractor shall provide adequate insurance for the protection of
such employees to the satisfaction of the City.
4. Professional Liability (Errors and Omissions) coverage in the minimum
amount of $1,000,000 each occurrence and $2,000,000 aggregate. This
requirement applies to financial engineering, architectural and medical
contracts only.
All insurance required will be primary coverage as respects GRANTOR and any
insurance or self - insurance maintained by GRANTOR will be excess of Contractor's
insurance coverage and will not contribute to it.
GRANTOR is to be notified immediately if any aggregate insurance limit is
exceeded. Additional coverage must be purchased to meet requirements.
The GRANTOR, its Boards, Agencies, Departments, Officers, Employees, Agents and
Volunteers are to be named as Additional Insureds as respects work done by
Contractor under the terms of this contract on all policies required (except
Workers' Compensation).
GRANTEE agrees to waive all rights of subrogation against the GRANTOR, its Boards,
Agencies, Departments, Officers, Employees, Agents and Volunteers for losses arising
directly or indirectly from the activities and /or work performed by GRANTEE under
the terms of this Agreement (applies only to Commercial General Liability and
Workers' Compensation).
GRANT AGREEMENT \Catholic Charities 2003 Page 4 of 14
May 15, 2003
GRANTEE agrees to provide GRANTOR with the following insurance documents on or
before the effective date of this contract:
1. Certificates of Insurance for all required coverages;
2. Additional Insured endorsements;
3. Waiver of Subrogation endorsements (A.K.A.: Waiver of Transfer Rights of
Recovery Against Others, Waiver of Our Right to Recover from Others); and
4. 60 Days Notice Cancellation Clause endorsements.
Failure to provide these documents may be grounds for immediate termination or
suspension of this Agreement.
It is the responsibility of the GRANTEE to confirm that all terms and conditions
of the Insurance Provisions are complied with by any and all Subcontractors that
GRANTEE may use for the completion of this Agreement.
Insurance coverage in the minimum amounts set forth herein shall not be construed to
relieve GRANTEE for liability in excess of such coverage, nor shall it preclude
GRANTOR from taking such other actions as are available to it under any other
provisions of this Agreement or otherwise in law.
Claims Made Insurance
If the Professional Liability coverage is "claims made ", GRANTEE must, for a period
of three (3) years after the date when Agreement is terminated, completed or non -
renewed, maintain insurance with a retroactive date that is on or before the start
date of contract services OR purchase an extended reporting period endorsement (tail
coverage). GRANTOR may withhold final payments due until satisfactory evidence of
the tail coverage is provided by Contractor to GRANTOR.
Indemnification and Hold Harmless
All activities and /or work covered by this agreement will be at the risk of GRANTEE
alone. GRANTEE agrees to defend (at GRANTOR'S request), indemnify and save harmless
the GRANTOR, its boards, agencies, departments, officers, employees, agents and
volunteers (hereinafter referred to as GRANTOR), from and against any and all
claims, lawsuits - whether against GRANTEE, GRANTOR or others, judgements, debts,
demands and liability, including, without limitation, those arising from injuries or
death of persons and /or for damages to property, arising directly or indirectly out
of the obligations herein described or undertaken or out of operations conducted or
subsidized in whole or in part by GRANTEE, save and except claims or litigation
arising through the sole negligence or wrongdoing and /or sole willful misconduct of
GRANTOR.
Section 7.03.
follows:
Records and Reports
GRANTEE agrees to supply to GRANTOR with reports as
1. Summary of all financial transactions supported by complete and verifiable
source documents. Records shall provide a clear audit trail.
2. Contractor shall prepare and submit to City a Completion Report within
thirty (30) days of completion of project including a summary of total
costs incurred and other reasonable information requested by GRANTOR.
GRANT AGREEMENT \Catholic Charities 2003
May 15, 2003
Page 5 of 14
Notices
Section 7.04. Any notice to be given pursuant to this agreement shall be
in writing, and all such notices and any other documents to be delivered shall be
delivered by personal service or by deposit in the United States mail, certified
or registered, return receipt requested, with postage prepaid, and addressed to
the party for whom intended as follows:
T0: Moorpark Redevelopment Agency T0: Catholic Charities
799 Moorpark Avenue 303 North Ventura Ave.
Moorpark, CA 93021 Ventura, CA 93001
Attention: Executive Director Attn: Regional Director
Entire Aqreement of the Parties
Section 7.03. This Agreement supersedes any and all agreements, either
oral or written, between the parties hereto with respect to the rendering of
services by Contractor to City and contains all of the covenants and agreements
between the parties with respect to the rendering of such services in any manner
whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises, or agreements, oral or otherwise, have been made by any
party or anyone acting on behalf of any party, which are not embodied herein, and
that no other agreement, statement, or promise not contained in this Agreement
shall be valid or binding. Any modification of this Agreement will be effective
only if it is in writing executed by the parties hereto.
Section 7.04. The covenants and agreements contained herein are binding on
the parties hereto, their legal representatives, heirs, successors and assigns.
Governinq Law
Section 7.05. This agreement shall be governed by and construed in
accordance with the laws of the State of California.
Attornev's Fees
Section 7.06. Should either party hereto institute any action or
proceeding of any nature whatsoever in a court of law, equity, or otherwise to
enforce any provision of this Agreement or for a declaration of such party's
rights or obligations hereunder of for any other remedy, the prevailing party
shall be entitled to receive from the losing party its costs, including such
amount as the Court or arbitration panel may adjudge to be reasonable attorney's
fees for the services rendered the party finally prevailing in any such action or
proceeding. Unless judgement goes by default, the attorney fee award shall not
be computed in accordance with any court schedule, but shall be such as to fully
reimburse the prevailing party of all its /their attorney's fees actually incurred
in good faith, regardless of the amount of such judgement, it being the intention
of the parties to fully compensate the prevailing party for all attorney's fees
paid or incurred in good faith.
GRANT AGREEMENT \Catholic Charities 2003 Page 6 of 14
May 15, 2003
Venue
Section 7.07. This Agreement is made, entered into, executed and is to be
performed in Moorpark, Ventura County, California, and any action filed in any
court or for arbitration for the interpretation, enforcement and /or otherwise of
the terms, covenants and conditions referred to herein shall be filed in the
applicable court in Ventura County, California.
GRANTOR'S Agent
Section 7.08. The Executive Director of the Moorpark Redevelopment Agency
shall have the right to review, coordinate and approve all work to be performed
by GRANTEE pursuant to the terms of this Agreement and shall be the GRANTOR'S
agent with respect to review, coordination, and approval of the improvements to
be made by the GRANTEE.
EXECUTED at Moorpark, California, on the date and year first herein above
written.
Catholic Charities Los Angeles, Inc MOORPARK REDEVELOPMENT AGENCY
BY:
Title:
Attachment: Exhibit "A"
Exhibit "B"
GRANT AGREEMENT \Catholic Charities 2003
May 15, 2003
BY:
Steven Kueny
Title: Executive Director
Page 7 of 14
- EXHIBIT A-
BUILDING & SITE IMPROVEMENTS
Install 62' X 70' Modular Buildin
Transport modular building to Moorpark Site
Grade site and pave parking area and driveway per attached
site grading plan
Dismantle and reassemble modular building
Level modular building and install earthquake anchors
Building Improvements
Interior drywall repair (after reassembly)
Other interior modifications (create larger rooms)
Install perimeter skirting
Install ADA Ramps
Building Plumbing
Utilities (Agency Grant)
Temporary Power
Water service 3/ "Meter
Connection Fee (water)
Sewer Connection /fee
Installations (includes street cuts,
Pipe, meter and valve installation
Other Site Improvements (Agency Grant)
4' Temporary sidewalk for pedestrian access from Spring
Road
Fencing & landscaping
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RESOLUTION 2003-
A RESOLUTION OF THE MOORPARK REDEVELOPMENT
AGENCY BOARD OF DIRECTORS, MOORPARK,
CALIFORNIA, AMENDING THE ADOPTED FY 2002/03
MOORPARK REDEVELOPMENT AGENCY BUDGET TO
PROVIDE A SITE IMPROVEMENT GRANT TO CATHOLIC
CHARITIES
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, the Moorpark Redevelopment Agency Board of
Directors approved a Redevelopment Agency budget to be funded by
Moorpark Redevelopment Tax Increment funds; and
WHEREAS, on April 16, 2003, the Moorpark Redevelopment
Agency Board of Directors approved a Site Improvement Grant of
$28,300 to Catholic Charities in connection with their temporary
site; and
WHEREAS, the Moorpark Redevelopment Agency Board of
Directors now wishes to amend the adopted budget to reflect the
cost for the grant using Moorpark Redevelopment Tax Increment
Funds.
NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF
DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.
$25,515 in Agency
hereto, is hereby
That a budget amendment in the amount of
funds, as described in Exhibit "A" attached
approved.
SECTION 2. The Agency Secretary shall certify to the
adoption
resolution
of this resolution and shall cause a certified
to be filed in the book of original resolutions.
Resolution No. 2003 -
Page 2
PASSED AND ADOPTED this 21St day of May, 2003.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt,
Agency Secretary
Attachment:
Exhibit A: Budget Amendment Detail
Resolution No. 2003 -
Page 3
EXHIBIT A
BUDGET AMENDMENT DETAIL
Funding Sources
Funding Source Account Amount
MRA Area 1- Increment & Other 2902 $28,300
Appropriations
Current New
Budget Budget
Budget Unit Object Amount Change Amount
2902 - 2410 -0000 9285 -0- $28,300 $28,300
Approved as to form:
TO:
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 4.8 -
CTTV OF'kiOC)RPAR.K, CALIFOR -1,1'
Redevelopment Agency Meeting
of 5-21-0-3
AGE ION:
Honorable Agency Board of Directors _
FROM: Hugh R. Riley, Assistant Executive Dirrecto
DATE: May 8, 2003 (Agency Meeting of 5/21/03)
SUBJECT: Consider Modification to Terms and Conditions for
Agency Financing to Janss IV Recreation Inc. for
Theater on High Street and Amend Agency Budget
DISCUSSION
On February 5, 2003, the Budget and Finance Committee reviewed a
request from Janss IV Recreation for an additional loan of
$250,000 from the Redevelopment Agency for the Theater On High
Project for the Theater. This loan is requested in addition to
the $100,000 loan already under consideration by the Agency with
the same terms (30 year term @ 3% for five years with interest
rate tied to the LAIF rate, subject to a 6% interest rate cap.)
Staff recommended against the
Janss proposed an alternative
additional loan would be the sa:.
would be payable after five �
secured with a first deed of t.
Theater). The committee agreed
at the next meeting and agree
supplemental $100,000 loan for
previously discussed with th
Redevelopment Agency.
requested additional loan. Mr.
adding that the term of the
le but that the principal balance
ears. The full loan would be
gust on 45 West High Street (The
to consider the additional loan
J to recommend approval of the
.urniture, fixtures and equipment
Board of Directors of the
On February 19, 2003, the Budget and Finance Committee (Mayor
Hunter and Councilmember Harper) recommended a supplemental loan
of $250,000 to be combined with the previously approved loan of
$100,000, 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.
�r
Agency Board of Directors
May 15, 2003
Page 2
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.
On March 5, 2003 the Agency Board approved a loan to Janss IV
Recreation for $350,000 subject to the terms and conditions
recommended by the committee. On March 21, 2003 the Agency
received a letter from Mr. Janss regarding his difficulty in
securing an Irrevocable Letter of Credit. Agency staff met with
Mr. Janss to discuss his concern and recommends that the terms
of the $350,000 loan be modified deleting the requirement for a
first deed of trust for the property at 45 East High Street as
security. The Agency would be the beneficiary of an irrevocable
letter of credit for the full principal of the loan but would
not contribute to the annual cost of the letter of credit.
On May 7, the Budget and Finance Committee (Mayor Hunter and
Councilmember Harper)reviewed the proposed modification to the
loan terms and the committee recommended approval of the
modification as presented in the staff report.
STAFF RECOMMENDATION
Approve the modification to the terms of the loan to Janss IV
Recreation as stated in the staff report. Adopt Resolution No.
2003 - Amending the Agency Budget. (Roll Call Vote Required)
Attachment: Letter from Lawrence Janss Company
Resolution No. 2003-
Janss IV Recreation, Inc. dba
THE LAWRENCE JANSS COMPANY
March 20; 2003
Steve Kueny
City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Dear Steve,
As you know, the City Redevelopment Agency has approved a loan of $350,000.00 from
the Redevelopment Agency for the Theater on High Street. The security for the loan is in
the form of a first trust deed on the real property, the theater, followed by my corporate
guarantee and finally by my personal guarantee. During the "negotiation" which took
place in the finance committee meeting, you suggested that perhaps I could provide
further surety in the form of a stand -by letter of credit and I allowed as I thought that I
could. Based on that, the committee agreed to recommend the loan to the Redevelopment
Agency which, in turn, approved it.
It's possible I acted in haste in agreeing to the stand -by letter of credit. At the time, my
incomplete understanding of Letters of Credit was that they could be secured simply by
being creditworthy and paying an annual fee. What I didn't understand about this
particular animal, having never before dealt with them, is that the bank will, as standard
practice, require that the L.C. be collateralized by a deposit of a like amount of cash into
the bank's coffers in the form of a time certificate of deposit. The upshot of this is that in
order to accommodate this final requirement of the loan, I'll be obliged to deposit
$350,000 into a long term C.D. which pays perhaps 1 %. In order to accomplish such a
transfer of funds, I will have to liquidate equities which I have held for a long period and
which shall cause a significant capital gains tax event for me. Further, I am in the throes
of getting the theater up and running smoothly, the cost of which, for the first number of
months at least, I'll be underwriting due to the nature of this start-up business: I do not
feel that it is a prudent business move for me to tie up so much` liquidity by sequestering
these funds in low yielding C.D.s for long durations of time, thus hobbling my ability to
exercise nimbleness in these challenging economic times. Indeed, wouldn't it be ironic to
have the very funds that are designated to underwrite the start-up of the theater be
unavailable for that purpose, thus adding to the burden of earning revenue with which to
pay the debt service, when the very purpose of tying up those funds would ostensibly be
to make the note more secure. The best way to insure the security of the note, it seems to
me, is to allow me access to the tools I have in hand that will insure, the smooth start-up
of the Theater on High Street.
1408 E. Thousand Oaks Boulevard, Thousand Oaks, CA 91362 -2841 000019
Telephone: (805) 497 -7691 ♦ Fax: (805) 497 -1507
Mr. Steve Kueny
March 20 2003
Page 2
I am requesting that the Redevelopment Agency relieve me of the obligation of supplying
this stand -by Letter of Credit so as to avoid being subject to the above described punitive
financial consequences. I have discussed this situation with Mr. David Sabedra, the
banker representing First California Bank, the bank I have chosen to provide the Letter of
Credit. I have attached Mr. Sabedra's response to my inquiry. herein.
I have invested approximately $1,500;000.00 into the Theater on High Street. The
Redevelopment Agency's loan, secured by a first trust deed, is as mentioned, in the
amount of $350,000.00. This represents a 23% loan to value ratio. A conventional loan is
traditionally secured to value ratio of 70 %, meaning_ that under traditional circumstances,
the theater would have to be valued at $500,000.00 to qualify. If, in the worst of cases, I
were unable to perform on the loan and the Redevelopment Agency were to have to
foreclose on the property, it would own the property for $350,000.00. Were the theater, in
its current completely renovated state, to be for sale for $350,000.00, would not the
Redevelopment Agency consider it an appropriate asset to purchase at such a price?
Please give this request serious consideration as the requirement of locking the above
mentioned $350,000.00 in irons is a prospect I do not care to pursue should I not be so
obliged.
-Yours Truly,
' awrece J ss
_?resident
� d
000020
RESOLUTION 2003-
A RESOLUTION OF THE MOORPARK REDEVELOPMENT
AGENCY BOARD OF DIRECTORS, MOORPARK,
CALIFORNIA, AMENDING THE ADOPTED FY 02/03
MOORPARK REDEVELOPMENT AGENCY BUDGET TO
PROVIDE FOR A LOAN IN THE AMOUNT OF $350,000
TO JANSS IV RECREATION FOR THE THEATER ON
HIGH STREET PROJECT
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, the Moorpark Redevelopment Agency Board of
Directors approved a Redevelopment Agency budget to be funded by
Moorpark Redevelopment Tax Increment funds; and
WHEREAS, on March 5, 2003, the Moorpark Redevelopment
Agency Board of Directors approved a loan of $350,000 to Janss
IV Recreation for the Theater on High Street Project to be
funded by Moorpark Redevelopment funds; and
WHEREAS, the Moorpark Redevelopment Agency Board of
Directors now wishes to amend the adopted budget to reflect the
cost for a $350,000 loan to Janss IV Recreation for the Theater
on High Street Project using Moorpark Redevelopment Tax
Increment Funds.
NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF
DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the amount of
$350,000 in Agency funds, as described in Exhibit "A" attached
hereto, is hereby approved.
Resolution No. 2003 -
Page 2
SECTION 2. The City Clerk 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 day of May, 2003.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment:
Exhibit A: Budget Amendment Detail
Resolution No. 2003 -
Page 3
EXHIBIT A
BUDGET AMENDMENT DETAIL
L uiiUliiy 'Dvulues
Funding Source Account Amount
MRA Area 1- Increment & Other 2902
Appropriations
$350,000
Current New
Budget Budget
Budget Unit Object Amount Change Amount
2902 -2410 -0000 9282 $400,000 $350,000 $750,000
Approved as to form: j
CITY OF - MOORPARK, CALIFORN $,
Redevelopment Agency Meeting
Of Z_ t L%
MINUTES
x - Moorpark, California
I�'Ell�I 5 . A .
OF THE REDEVELOPMENT AGENCY
May 7, 2003
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on May 7, 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 7:19 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; Hugh Riley,
Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
None.
5. CONSENT CALENDAR:
MOTION: Agency Member Millhouse moved and Agency Member
Harper seconded a motion to adopt the Consent Calendar.
The motion carried by unanimous roll call vote.
A. Consider Approval of Minutes of Regular Redevelopment
Meeting Minutes of April 16, 2003. Staff
Recommendation: Approve minutes.
B. Consider Approval Contract for Demolition of
Commercial Structure and Appurtenances at 226 High
Street and Adopt Resolution Amending Agency Budget for
This and Demolition of 661 Magnolia Street. Staff
Recommendation: 1) Award bid for Demolition of 226
High Street to International Environmental Corporation
for $9,800; and 2) Approve Resolution No. 2003 -114
amending the Agency Budget. ROLL CALL VOTE REQUIRED
fflRMWz
Minutes of the Redevelopment Agency
Moorpark, California Page 2 Mav 7, 2003
C. Consider Approval of Agreement of Purchase and Sale of
Property at 47 -51 West High Street and Adopt
Resolution Amending Agency Budget. Staff
Recommendation: 1) Approve Agreement of Purchase and
Sale of 47 -51 West High Street from Monte Lewis Abbath
for $350,000 and related closing costs of $5,000
subject to final language approval by the Executive
Director and Agency Counsel; and 2) Approve Resolution
No. 2003 -115 amending the Agency Budget. ROLL CALL
VOTE REQUIRED
D. Consider Awarding Government Accounting Standards
Board (GASB) Statement No. 34 Implementation
Proposals. Staff Recommendation: 1) Adopt the
recommended infrastructure capitalization threshold of
$100,000 and fixed asset (equipment) capitalized
threshold of $5,000 effective July 1, 2002; 2) Adopt
the use of the standard depreciation reporting method
rather than the modified approach for the entire
infrastructure of the Agency upon adoption of the New
Reporting Model; 3) Authorize the Executive Director
to execute a professional services agreement with
Harris & Associates subject to final language approval
by the General Counsel and Executive Director not to
exceed $24,990; 4) Accept the proposal from Vavrinek,
Trine, Day & Co., LLP, for assistance in
implementation of GASB 34 in accordance with their
current hourly rates not to exceed $20,000; and 5)
Adopt Resolution No. 116 amending the Fiscal Year
2002/2003 Budget to revise the amount of funding for
this project per the agenda report. ROLL CALL VOTE
REQUIRED
6. CLOSED SESSION:
None was held.
OO 5
Minutes of the Redevelopment Agency
Moorpark, California Page 3 Mav 7, 2003
7. ADJOURNMENT:
MOTION: Agency Member Harper moved and Agency Member Millhouse
seconded a motion to adjourn the meeting of the Moorpark
Redevelopment Agency. The motion carried by unanimous voice
vote. The time was 7 :20 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
ITEM s • a.
Re evetapme t Age' C, eeling
AcTioN, _ .•. ®.
";
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director
DATE: May 13, 2003 (Agency Meeting of May 21, 2003)
SUBJECT: Adopt Resolution No. 2003- Rescinding Resolution
No. 2003 -115 Amending the Agency Budget for the
Purchase and Sale of Property at 47 -51 West High
Street.
BACKGROUND /DISCUSSION
On May 7, 2003, the Agency approved the agreement of purchase
and sale of 47 -51 West High Street from Monte Lewis Abbath for
$350,000 and related closing costs of $5,000 subject to final
language approval by the Executive Director and Agency Counsel.
The Agency also adopted a Resolution to amend the budget by
appropriating $301,000 from MRA Area 1- Increment & Other (2902).
Staff has determined that the funds are already available from
MRA Area 1- Increment & Other Fund (2902 -2410- 2007 -9610) and
therefore the additional appropriation is not needed.
STAFF RECOMMENDATION
Adopt Resolution No. 2003 -
Attachment: Resolution No. 2003
RESOLUTION NO. 2003-
A RESOLUTION OF THE MOORPARK REDEVELOPMENT AGENCY
BOARD OF DIRECTORS, MOORPARK CALIFORNIA,
RESCINDING RESOLUTION NO. 2003 -115 REGARDING
AMENDING THE AGENCY BUDGET FOR THE PURCHASE OF
PROPERTY AT 47 -51 WEST HIGH STREET
WHEREAS, on May 7, 2003, the Moorpark Redevelopment Agency
Board of Directors considered and adopted Resolution No. 2003-
115 amending the Agency budget for the purchase of property at
47 -51 West High Street, and;
WHEREAS, staff has determined that the appropriation is no
longer necessary as funds were already available from MRA Area
1- Increment and Other Funds.
NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF
DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency Board of Directors does hereby
rescind Resolution No. 2003 -115.
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 day of , 2003.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
ITEM 5- •C.
CITY iC F)400RPARK, CALTFOR.NTA
Redevelop ment Agenev ?Meeting
of��"2
ACTION-
tr1�
MOORPARK REDEVELOPMENT AGENTt-
AGENDA REPORT' , h444&'C.- '
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive D� to
DATE: May 13, 2003, (Agency Meeting of May 21, 2003)
SUBJECT: Consider Resolution Amending the Moorpark
Redevelopment Agency FY 2002/2003 Budget to Provide `
for Professional Contractual Services Related to
Demolition of Agency -owned Structures
DISCUSSION:
On February 19, 2003, the Moorpark Redevelopment Agency Board
of Directors approved a contract with Rollins Consulting,
Inc. for contract administration and project coordination
services related to the demolition of certain Agency -owned
structures.
The tasks for the properties included are:
1. Demolition of dwelling and incidental structure at 661
Magnolia. $ 4,080
2. Demolition of vacant structures at 226 High Street.
(Property formerly leased to JEMCO Plumbing. $ 4,930
3. Removal of above ground structures at 83 West High
Street (Moorpark Mobile Home Park) $ 7,480
4. Preparation of aerial photography prints and negatives
of the expanded Civic Center site following demolition
activity to be used for planning purposes for the new City
Hall. $ 1,475
It is necessary to amend the agency budget to provide for
these professional services which total $17,965 and
contingencies of an additional $2,035 for a total of $20,000.
Moorpark Redevelopment Agency Agenda Report
May 21, 2003
Page 2
STAFF RECOMMENDATION:
1) Approve Resolution 2003- amending the Moorpark
Redevelopment Agency Budget. (Roll Call Vote Required)
Attachment: Resolution 2003-
2 000030
RESOLUTION 2003-
A RESOLUTION OF THE MOORPARK REDEVELOPMENT
AGENCY BOARD OF DIRECTORS, MOORPARK,
CALIFORNIA, AMENDING THE ADOPTED FY 02/03
MOORPARK REDEVELOPMENT AGENCY BUDGET TO
PROVIDE FOR PROFESSIONAL CONTRACTUAL
SERVICES
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, the Moorpark Redevelopment Agency Board of
Directors approved a Redevelopment Agency budget to be funded by
Moorpark Redevelopment Tax Increment funds; and
WHEREAS, on February 19, 2003, the Moorpark Redevelopment
Agency Board of Directors approved a contract with Rollins
Consulting, Inc. for contract administration and project
coordination services related to the demolition of certain
Agency -owned structures; and
WHEREAS, the Moorpark Redevelopment Agency Board of
Directors now wishes to amend the adopted budget to reflect the
cost of said services.
NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY BOARD OF
DIRECTORS DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the amount of
$20,000 in Agency funds, 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 day of , 2003.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment:
Exhibit A: Budget Amendment Detail
DIMMM
Resolution No. 2003 -
Page 2
EXHIBIT A
BUDGET AMENDMENT DETAIL
r Ullulily JUULC:CJ
Funding Source Account Amount
MRA Area 1- Increment & Other 2902 $20,000
Appropriations
Current New
Budget Budget
Budget Unit Object Amount Change Amount
2902 - 2410 -0000 9102 $17,500 $20,000 $37,500
Approved as to form: