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Resolution No. 2004 -138
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, MARCH 17, 2004
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. ROLL CALL:
3. PUBLIC COMMENT:
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Options for Sale or Lease of Approximately .5
Acre Remnant Parcel Adjacent to New Public Works /Parks
Department Corporation Yard. Staff Recommendation: Defer
action until City Council approval of the final conceptual
design for the new Corporation Yard. (Staff: Hugh Riley)
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of March
3, 2004.
Staff Recommendation: Approve minutes.
B. Consider Agreement for Consulting Services with Urban
Futures Inc., to Prepare the Agency's 2005 -2009 Five -Year
Implementation Plan. Staff Recommendation: Approve
agreement with Urban Futures Inc. and authorize the
Executive Director to sign the agreement and related
documents. ROLL CALL VOTE REQUIRED (Staff: Hugh Riley)
Redevelopment Agency Agenda
March 17, 2004
Page 2
7.
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
(Pursuant to Subdivision (a)
Government Code)
Mission Bell Plaza Phase II,
partnership vs. Redevelopment
Moorpark (Case No. SCO28906)
ADJOURNMENT:
- EXISTING LITIGATION
of Section 54956.9 of the
LLC, a California limited
Agency of the City of
Any member or e public may address the Agency during the Public Comments portion of 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 ma be submitted in lieu of speaking orally for open
Public Hearings and Presentation /ActionyDiscussion 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 CER 35.102 - 35.104; ADA
Title II).
i T]EM 4 . A -
CTTY OF MOORPARK, CALIFORNIA
Redevelopment Agencv Meeting
of 3- / %' c7M
ACTION: �
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MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director
DATE: March 5, 2004 (Agency Meeting of March 17, 20 )
SUBJECT: Options for Sale or Lease of Approximately .5 Acre
Remnant Parcel Adjacent to New Public Works /Parks
Department Corporation Yard
BACKGROUND:
On February 15, 2002 the Moorpark Redevelopment Agency
acquired a 4.19 Acre Parcel (APN 512 -0 -150 -765) of property
located at the terminus of Fitch Avenue in the Spring Road
Business Park. The Paercel map containing the property is
attached. The property was acquired as a site for the City's
new Public Works /Parks Department Corporation Yard
( "Corporation Yard ").
Planning and Design for the new Corporation Yard has
progressed to the point where it appears that approximately
.5 acre portion of the original site will not be needed for
the project. An additional 1.06 acre portion of the property
west of the proposed project site is being recommended for
future expansion and use by the city's contractors for
storage of materials and equipment.
The subject property is presently zoned Industrial Park, M -1
and was acquired for $6.35 per square foot. The property is
currently located in a Zone B Flood Hazard Area, however this
designation is subject to change pending the outcome of a
FEMA study now underway. The findings of that study might
impact the property and any sale would need to include the
appropriate disclosures.
000001L
Moorpark Redevelopment Agency Agenda Report
March 5, 2004
Page 2
DISCUSSION:
At the time the property was recommended for acquisition,
staff suggested that the Agency /City could consider the sale
or lease of a portion of the site not needed for the
Corporate Yard for industrial development. This was intended
to occur after plans for the Corporate Yard were approved to
make sure sufficient land is available for that purpose. The
City Council is expected to consider a site plan for the
Corporation Yard either at its April 7 or 21 meeting.
OPTIONS FOR DISPOSITION OF PROPERTY
Options availabe to the Agency for the use of this property
include but are not limited to:
1. Negotiated sale of the property after soliciting
competitive proposals for its development under a Disposition
and Development Agreement (DDA). A sale to private developer
would place the property back on the tax rolls and its
assessed value wiould accrue to the Agency in tax increment.
2. Long term lease for development of the property with a
DDA after soliciting competitive proposals.
Under either option the City will need to subdivide the
property. The property is estimated to be valued at $8 to $10
per square foot.
Staff recommends that any final decision to dispose of the
property be delayed until City Council approval of final
conceptual design for the new Corporation Yard.
STAFF RECONbONDATION
Defer action until City Council approval of the final
conceptual design for the new Corporation Yard.
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CiTY OF ViOt)RFARK, CALTFORNTA
Redevelopment Agency Meeting
of - <3- /7- A 00 cl
ACTION: A'*�
M M TES OF THE REDEVELOPMENT AGENCY
y�
Moorpark, California March 3, 2004
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on March 3, 2004, 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 7:14 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.
S. CONSENT CALENDAR:
MOTION: Agency Member Mikos moved and Agency Member Parvin
seconded a motion to adopt the Consent Calendar. The motion
carried by unanimous vote.
A. Consider Approval of Minutes of Regular Meeting of
February 18, 2004.
Staff Recommendation: Approve minutes.
B. Consider Mid -Year Amendments to 2003/2004 Fiscal Year
Budget. Staff Recommendation: Adopt Resolution No.
2004 -137, amending the 2003/04 Budget. ROLL CALL VOTE
REQUIRED
000004
Minutes of the Redevelopment Agency
Moorpark, California Page 2 March 3, 2004
C. Consider Subordination, Nondisturbance and Attornment
Agreement with Wells Fargo Bank and Mission Bell Plaza
Phase II, LLC Relating to Mission Bell Plaza Phase II
Shopping Center. Staff Recommendation: Approve the
Agreement and authorize the Agency Chair to execute
the Agreement.
6. CLOSED SESSION:
Mr. Kueny requested the Agency recess the meeting and
reconvene into closed session for 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 7:15 p.m. The meeting reconvened at 8:43 p.m.
MOTION: Agency Member Harper moved and Agency Member Millhouse
seconded a motion to adjourn to closed session for discussion of
Item 6.C. on the agenda. The motion carried by voice vote 4 -0,
Chair Hunter absent.
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, and Vice Chair Parvin; Steven Kueny,
Executive Director; Joseph Montes, General Counsel; Hugh
Riley, Assistant Executive Director; and Deborah
Traffenstedt, Agency Secretary. Chair Hunter arrived at
8:53 p.m.
The Agency reconvened into open session at 9:07 p.m. Mr.
Kueny announced that Item 6.C. was discussed and that there
was no action to report.
0001005
Minutes of the Redevelopment Agency
Moorpark, California Paqe 3 March 3, 2004
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 9:07 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
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I'I'�Ii� 5 • B .
CITN' O MnOPPAUK. CALIFORNIA
Rerl-eveinpment Agency Meeting
of __ -3 -17- e DO q
ACTION: 9`(/4V
AGENDA REPORT
MOORPARK REDEVELOPMENT AGENCY
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Direct_
DATE: March 10, 2004, (Agency Meeting of March 17, 2004)
SUBJECT: Approve an Agreement for Consulting Services with
Urban Futures Inc., to Prepare the Agency's 2005-
2009 Five -Year Implementation Plan.
DISCUSSION:
California Redevelopment Law (CCRL) Section 33490 requires
redevelopment agencies to prepare a Five -Year Implementation
for each five year period beginning in 1995 and to conduct a
public hearing, for the purpose of reviewing their
redevelopment programs, projected expenditures, and
corresponding goals and objectives for evaluating the
progress of ongoing redevelopment projects. At this hearing
Agency Board hears testimony from all interested parties for
the purpose of reviewing the redevelopment plan and
corresponding Five -Year Implement Plan. The Agency's current
Five -Year Plan for 1999 to 2004 was approved in January 2000
and most recently updated in 2003.
Staff has obtained a proposal from Urban Futures, Inc, of
Orange, California to assist the Agency with the preparation
and presentation of the required Five -Year Implementation
Plan for the period 2005 -2009. The proposal includes the
review of the Agency's previously adopted Implementation Plan
and Mid -Term update for the 1999 -2004 planning period to
ascertain which redevelopment projects and programs should be
carried forward for further implementation and which projects
and programs could profitably be eliminated or modified
during the 2005 -2009 planning cycle. The Proposal includes a
fixed fee of $14,750. Sufficient funds are available in the
Agency's current operating budget to complete project.
000007
Moorpark Redevelopment Agency Agenda Report
March 17, 2004
Page No. 2
RECOMMENDATION:
1) Approve agreement with Urban Futures Inc. and authorize
the Executive Director to sign the agreement and related
documents. (ROLL CALL VOTE REQUIRED)
Attachment: Agreement
2 000008
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AND URBAN AND FUTURES, INC., FOR CONSULTING
SERVICES RELATED TO THE AGENCY'S 2004 -2009
FIVE -YEAR IMPLEMENTATION PLAN.
This Agreement is made and entered into in the City of
Moorpark on this day of March, 2004, by and between the
Moorpark Redevelopment. Agency ( "AGENCY "), a public body,
corporate and politic, and Urban Futures, Inc., a California
corporation providing consulting services (CONSULTANT).
WITNESSETH
WHEREAS, AGENCY has determined that it requires professional
consulting services related to the preparation of a Five- Year
Implementation Plan for the period 2004 to 2009; and
WHEREAS, CONSULTANT is experienced in providing such
services and has the proper experience, knowledge and skills to
carry out the duties involved; and
WHEREAS, AGENCY wishes to retain CONSULTANT for the
performance of said services;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and promises herein stated, the parties hereto agree as
follows:
I. Scope of Services
AGENCY does hereby retain CONSULTANT in a contractual
capacity to provide consulting services as described in the
CONSULTANT'S Proposal dated March 2004 which is attached to this
agreement as Exhibit "A ", and made a part hereof.
In the event that additional service is required of
CONSULTANT, beyond the Scope of Services for this Agreement,
CONSULTANT may be authorized to undertake and complete such
additional work only if such authorization is provided in
writing, identifying the exact nature of the additional service
or services required and a "not -to- exceed" fee to be paid by
AGENCY for said additional work, or at a negotiated lump sum
amount approved by AGENCY.
Professional Services Agreement between Page 1 of 9
City of Moorpark and Urban Futures, Inc.
000009
II. Compensation
The compensation to CONSULTANT shall be a fixed professional
services fee of twelve thousand five dollars ($14,750).
Payment to CONSULTANT shall be made by AGENCY within thirty
(30) days of receipt of invoice, if the invoice is not contested
or questioned by AGENCY. If AGENCY identifies a discrepancy
between the invoice amount and the services or products
completed, AGENCY shall within fifteen (15) workdays of receipt
of the invoice specify in writing the discrepancy. CONSULTANT
shall then either 1) provide support materials to satisfy
AGENCY's stated concern, or 2) revise the invoice to reflect an
adjustment to the stated discrepancy. AGENCY shall then pay the
revised or documented invoice within thirty (30) days of such
revision or documentation.
III. Incorporation by Reference
Exhibit "A ", as previously identified and the Attachments
thereto, is hereby incorporated into and made a part of this
Agreement. In the event of a conflict between the provisions of
the Scope of Services found in Exhibit "A" and this Agreement,
the language contained in this Agreement shall take precedence.
IV. Termination or Suspension
This Agreement may be terminated or suspended with or
without cause by AGENCY at any time with no less than five (5)
working days written notice of such termination or suspension.
CONSULTANT may terminate this Agreement only by providing AGENCY
with written notice no less than thirty (30) days in advance of
such termination. In the event of such termination or
suspension, CONSULTANT shall be compensated for such services up
to the date of termination or suspension. Such compensation for
work in progress shall be prorated as to the percentage of
progress completed at the date of termination or suspension.
V. Complete Agreement
This written Agreement, including all writings specifically
incorporated herein by reference, shall constitute the complete
Agreement between the parties hereto. No oral Agreement,
understanding, or representation not reduced to writing and
specifically incorporated herein shall be of any force or effect,
Professional Services Agreement between Page 2 of 9
City of Moorpark and Urban Futures, Inc.
nor shall any such oral Agreement, understanding, or
representation be binding on the parties hereto. 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
either party on the ground that the party prepared the Agreement
or caused it to be prepared. No waiver of any provision of this
Agreement shall be deemed or shall constitute, a waiver of any
other provision, whether or not similar, nor shall any such
waiver constitute a continuing or subsequent waiver of the same
provisions. No waiver shall be binding, unless executed in
writing by the party making the waiver.
VI. Assignment /Successors
CONSULTANT shall not assign this Agreement, or any of the
rights, duties or obligations hereunder. It is understood and
acknowledged by the parties that CONSULTANT is uniquely qualified
to perform the services provided for in this Agreement.
VII. Term
The Term of this
Agreement
shall be for a
period beginning
with the date first herein
written and continuing
through
September 30, 2004,
unless sooner terminated
or extended, as
herein provided. CONSULTANT
shall perform
the professional
services identified
in this
Agreement in a
timely manner,
consistent with sound
professional
practices.
VIII. Anti- Discrimination
In the performance of the terms of this Agreement,
CONSULTANT agrees that it will not engage in, nor permit such
subcontractors as it may employ, to engage in discrimination in
employment of persons because of the age, race, color, creed,
sex, sexual orientation, national origin, ancestry, religion,
physical disability, medical disability, medical condition, or
marital status of such persons. Violation of this provision may
result in the imposition of penalties referred to in the Labor
Code of the State of California Section 1735.
IX. Insurance and Indemnification
CONSULTANT shall hold harmless, indemnify and defend AGENCY
and its officers, employees, servants and agents and independent
Professional Services agreement between Page 3 of 9
City of Moorpark and Urban Futures, Inc.
0 00 011L
contractors who serve in the role of Executive Director,
Assistant Executive Director, City Clerk, Director of Community
Development, City Engineer, or City Attorney from any claim,
demand, damage, liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or injury to any
person and injury to any property, resulting from, or in any way
connected with the performance of this Agreement by CONSULTANT or
AGENCY, except such damage as is caused by the sole negligence of
AGENCY.
CONSULTANT 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
section 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. Provide general public liability insurance including
automobile liability and property damage insurance in
an amount not less than one million dollars
($1,000,000) per occurrence and annual aggregate.
2. Name AGENCY and its officers, employees, servants and
agents and independent contractors serving in the role
of Executive Director, Assistant Executive Director,
City Clerk, Director of Community Development, City
Engineer, or City Attorney, as additional insured with
CONSULTANT. Confirmation of this coverage shall be
provided on an Insurance Services Office (ISO) Form CG
20 10 11 85 Endorsement, or other form stipulated in
writing by City Clerk.
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,
AGENCY shall be notified by mail, postage prepaid, not
less than thirty (30) days before the cancellation or
amendment is effective. CONSULTANT shall give AGENCY
thirty (30) days written notice prior to the expiration
of such policy.
Professional Services Agreement between Page 4 of 9
City of Moorpark and Urban Futures, Inc.
000012
4. Be written on an occurrence basis.
CONSULTANT also shall maintain professional liability
(errors and omissions) coverage in an amount not less than one
million dollars ($1,000,000) per claim.
Consistent with this section, CONSULTANT shall provide
workers' compensation insurance as required by the California
Labor Code. If any class of employees engaged by CONSULTANT in
work under this Agreement is not protected by the workers'
compensation law, CONSULTANT shall provide adequate insurance for
the protection of such employees to the satisfaction of AGENCY.
At such point in time that CONSULTANT obtains and provides
any of the above insurance with coverage limits in excess of the
amounts specified above to another of CONSULTANT'S clients,
CONSULTANT shall immediately provide these same coverage limits
to AGENCY.
AGENCY does not, and shall not, waive any rights that it may
have against CONSULTANT by reason of this section, because of the
acceptance by AGENCY, or the deposit with AGENCY, of any
insurance policy or certificate required pursuant to this
Agreement. This hold harmless and indemnification provision
shall apply regardless of whether or not said insurance policies
are determined to be applicable to the claim, demand, damage,
liability, loss, cost or expense described in this section.
X. Notices
Any notice to be given pursuant to this Agreement shall be
in writing, and all such notices and any other document 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:
To: Executive Director
Moorpark Redevelopment Agency
799 Moorpark Avenue
Moorpark, California 93021
Professional Services Agreement between
City of Moorpark and Urban Futures, Inc.
Page 5 of 9
000013
To: Marshall Linn, President
Urban Futures, Inc.
3111 North Tustin Avenue, Suite 230
Orange, California 92865 -1753
Either party may, from time to time, by written notice to
the other, designate a different address or contact person, which
shall be substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered upon
receipt by personal service or as of the second (2°°) day after
deposit in the United States mail.
XI. General Conditions
A. CONSULTANT agrees not to work for any private firm
located within the AGENCY limits or its Area of Interest, or for
any public agency where its jurisdiction includes all or part of
the AGENCY without the prior written consent of the AGENCY,
during the term of this Agreement. Furthermore, CONSULTANT
agrees to limit its actions related to economic interest and
potential or real conflicts of interest as such as defined by
applicable State law to the same standards and requirements for
designated AGENCY employees.
B. AGENCY shall not be called upon to assume any liability
for the direct payment of any salary, wage or other compensation
to any person employed by CONSULTANT performing services
hereunder for AGENCY.
C. CONSULTANT is, and shall at all times, remain as to
AGENCY a wholly independent contractor. Neither the AGENCY, nor
any of its officers, employees, servants or agents, shall have
control over the conduct of CONSULTANT or of CONSULTANT'S
officers, employees or agents, except as herein set forth.
CONSULTANT shall not at any time or in any manner represent that
it or any of its officers, employees, or agents are in any manner
employees of AGENCY.
D. At the time of 1) termination of this Agreement or 2)
conclusion of all work, all original reports, documents,
calculations, diskettes, computer files, notes, and other related
materials whether prepared by CONSULTANT or its subcontractors)
or obtained in the course of providing the services to be
performed pursuant to this Agreement shall become the sole
Professional Services Agreement between Page 6 of 9
City of Moorpark and Urban Futures, Inc.
000014
property of AGENCY. Any word processing computer files provided
to AGENCY shall use Microsoft Word for Windows software.
E. Nothing contained in this Agreement shall be deemed,
construed or represented by AGENCY or CONSULTANT or by any third
person to create the relationship of principal or agent, or of a
partnership, or of a joint venture, or of any other association
of any kind or nature between AGENCY and CONSULTANT.
F. 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 attorney's fees, from the losing party, and
any judgment or decree rendered in such a proceeding shall
include an award thereof.
G. Cases involving a dispute between AGENCY and CONSULTANT
may be decided by an arbitrator if both sides agree in writing on
the arbitration and on the arbitrator selected, with costs
proportional to the judgment of the arbitrator.
H. This Agreement is made, entered into, and executed in
Ventura County, California, and any action filed in any court or
for arbitration for the interpretation, enforcement or other
action of the terms, conditions or covenants referred to herein
shall be filed in the applicable court in Ventura County,
California.
I. The captions and headings of the various Sections and
Exhibits of this Agreement are for convenience and identification
only and shall not be deemed to limit or define the content of
the respective Sections and Exhibits hereof.
J. This Agreement constitutes the entire Agreement of the
parties concerning the subject matter hereof and all prior
Agreements or understandings, oral or written, is hereby merged
herein. This Agreement shall not be amended in any way except by
a written amendment expressly purported to be such an amendment,
signed and acknowledged by both parties hereto.
K. 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
Professional Services Agreement between Page 7 of 9
City of Moorpark and Urban Futures, Inc.
000015
interpreted against either party on the ground that a party
prepared the Agreement or caused it to be prepared.
L. No waiver of any provision of this Agreement shall be
deemed, or shall 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.
M. If any portion of this Agreement is held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the
remaining provisions will never - the -less continue in full force
without being impaired or invalidated in any way.
N. No officer, employee, director or agent of the AGENCY
shall participate in any decision relating to this Agreement
which affects his personal interest or the interest of any
corporation, partnership, or association in which he is directly
or indirectly interested, or shall any such person have any
interest, direct r indirect, in this Agreement or the provisions
thereof.
XII. Responsible Individual
The individual directly responsible for CONSULTANT's overall
performance of the Agreement provisions herein above set forth
and to serve as principal liaison between AGENCY and CONSULTANT
shall be Marshall Linn, and no other individual may be
substituted.
The AGENCY's contact person in charge of administration of
this Agreement and to serve as principal liaison between
CONSULTANT and AGENCY shall be the Executive Director or his
designee.
Professional Services Agreement between
City of Moorpark and Urban Futures, Inc.
Page 8 of 9
000016
XIII. Effective Date
This Agreement shall be effective on March
CITY OF MOORPARK: CONSULTANT:
Steven Kueny
Executive Director
ATTEST:
2004.
Marshall Linn, President
Urban Futures, Inc.
ueboran T rattenstedt, Agency Secretary
Exhibit "A ": Proposal for Services
Professional Services Agreement between
City of Moorpark and Urban Futures, Inc.
Page 9 of 9
000017
EXHIBIT A
Proposal to Prepare
the
2005 -2009
IMPLEMENTATION Prepared For:
PLAN 11 CITY OF MOORPARK
for the
REDEVELOPMENT
City of Moorpark Redevelopment AGENCY
Agency
MARCH 2004
Prepared By.
URBAN FUTURES, INC.
3111 N. Tustin Ave.
Suite 230
Orange, CA 92865
000018
PROPOSAL TO PREPARE THE 2005 -2009 IMPLEMENTATION PLAN
CITY OF MOORPARK REDEVELOPMENT AGENCY
Urban Futures, Inc. (UFI) proposes to complete the following scope of work to prepare the 2005-
2009 Implementation Plan (the "Implementation Plan ") for the City of Moorpark Redevelopment
Project (the "Project" or "Project Area" as appropriate in the text). Completion of the
Implementation Plan as proposed by UFI will ensure compliance with California Community
Redevelopment Law (CCRL) Section 33490, which among other requirements, requires
redevelopment agencies to conduct a public hearing for the purpose of reviewing their
redevelopment programs, projected expenditures, and corresponding goals and objectives for
evaluating the progress of ongoing redevelopment project(s). The scope of work presented below
includes a review of the Agency's previously adopted Implementation Plan and Mid -Term update
for the five year planning period (1999- 2004). We will review the previously adopted plan to
ascertain which redevelopment projects and programs we would recommend be carried forward
for further implementation, and which projects and programs could profitably be eliminated or
modified during the 2005 -2009 planning cycle.
WORK SCOPE
UFI will complete the following work tasks:
TASK 1: Coordinate with Agency /City staff to identify all pertinent information and data
sources necessary to complete the Scope of Work.
TASK 2: Attend one (1) kick off meeting with Agency /City staff to discuss current projects,
programs, goals and objectives. Additional meetings held prior to the preparation
of the draft plan will be as requested by the Agency, and will be billed at the hourly
rate for the personnel involved according to the attached UFI hourly fee schedule.
TASK 3: Identify and evaluate specific Agency projects and programs (hereinafter referred
to as "activities ") which the Agency has completed, continued, or initiated during the
previous five (5) year planning cycle (1999- 2004). Both general redevelopment
activities and those funded from LMI Fund monies will be identified and, as
appropriate, evaluated. UFI will establish the ongoing nexus between Agency
activities and blight reduction in the Project Area.
TASK 4: Review and compare the goals and objectives in the 1999 -2004 Implementation
Plan and Mid -Term update with the status of activities evaluated as a part of Task
2. Draft a briefing memorandum which: 1) describes the Agency's success in
meeting its former goals and objectives; ii) recommends goals and objectives for the
2005 -2009 Implementation Plan, which list could include any unmet objectives (or
goals) in the 1999 -04 Implementation Plan and Mid -Term update, and iii) if
necessary, make recommendations as to how the Agency might be more effective
in achieving existing or newly modified goals and objectives.
TASK 5: For general redevelopment fund activities, track actual Agency receipts and
expenditures (1999- 2004); determine and explain any divergence between actual
and projected receipts and expenditures. Complete a five (5) year projected cash
flow and expenditure analysis for fiscal years 2005 -2009.
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TASK 6: For LMI Fund activities, track actual Agency receipts and expenditures (1999- 2004);
determine and explain any divergence between actual and projected receipts and
expenditures.
TASK 7: For LMI Fund activities proposed to be completed during the term of the
Implementation Plan, establish 2005 -2009 planning cycle projected expenditures
for identified LMI housing projects and programs on a yearly basis.'
TASK 8: In accordance with CCRL Section 33334.4, determine appropriate ratio between
LMI Fund expenditures for assistance to housing units which are unrestricted by
age of resident and the housing units which could be restricted to persons over the
age of 65 years, utilizing the latest US Census Bureau data.
TASK 9: Track and record on UFI developed schedules, Agency inclusionary and
replacement housing compliance. Complete an inventory of housing units assisted
with funds from the LMI Fund which have rent and income restrictions within and
outside of the Project Area.
TASK 10: Based upon information compiled in Tasks 8 and 9, determine whether the Agency
is in a deficit or surplus unit(s) position in either of the inclusionary or replacement
housing categories, and how either of those positions will affect the Agency during
the term of the Implementation Plan.
TASK 11: Determine whether the Agency has an "excess surplus" in its LMI Fund, and how
that position will affect the Agency's long -term overall fiscal position.
TASK 12: In conjunction with Tasks 8, 9, and 10, evaluate the Agency's position with respect
to housing affordability covenants (pursuant to both CCRL Sections 33334.3 and
33413), and whether or not the Agency has adequate units which are subject to
appropriate covenants. If the Agency has or is projected to have an inclusionary or
replacement housing deficit, identify the number and type of housing units needed
to erase the deficit during the term of the Implementation Plan and over the next
five- and ten- year planning cycles.
TASK 13: Determine how proposed future housing development projects and proposed land
use changes will affect the Agency's future inclusionary and replacement housing
obligations, taking into consideration the analysis completed for Task 7.
TASK 14: Review the City's General Plan Housing Element goals and objectives, and
recommend LMI housing production goals, quantified objectives, projected
expenditures, and programs for the 2005 -2009 planning period.
TASK 15: Reviewand evaluate existing pass- through agreement provisions to determine need
for and benefit to the Agency of renegotiating existing provisions.
TASK 16: Review and evaluate current level of tax increment revenues, complete projections
of future tax increment revenues for the five (5) year planning period (2005- 2009),
' UFI will use AB 637 provisions (effective January 1, 2002) in this analysis.
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0001020
and prepare briefing memo regarding issuance of new Agency tax anticipation tax
allocation bonds and/or refinancing of existing Agency debt.
TASK 17: Prepare Draft Implementation Plan, and public hearing notice.
TASK 18: Prepare for and attend two (2) meeting with Agency staff to review the draft plan.
TASK 19: Prepare Final Implementation Plan, including adoption resolution and staff report.
TASK 20: Prepare for and attend the required public hearing.
TIME FRAME
UFI will complete the proposed scope of work within 90 days of receipt of notice to begin work.
PROFESSIONAL SERVICE FEE
UFI will complete the proposed scope of work for a fixed professional services fee of S14,750. This
fee does not include any out -of- pocket expenses, e.g., printing, electronic data files, travel, etc., that
may be incurred during execution of the planning process or additional meetings, as requested by
the Agency, which will be billed on an actual time and materials basis. All out -of- pocket expenses
will be invoiced to the City at a cost plus 10 %.
URBAN FUTURES INC.
Marshall F. Linn, President Date
APPROVED FOR CITY OF MOORPARK REDEVELOPMENT AGENCY
Hugh Riley, Assistant City Manager
City of Moorpark Redevelopment Agency
Z100Propcsa1s\Moorpark 05- 091mpp1n.wpd
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Date
JES_3 /8/04
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