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Resolution No. 2004 -140
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, MAY 19, 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 Proposed Operating and Capital Improvements
Budgets for the Fiscal Year 2004/2005. Staff
Recommendation: Receive the budgets and set a workshop
for May 26, 2004. (Staff: Steven Kueny)
B. Consider Agreement for Professional Services with Urban
Futures, Inc. for the preparation of Amendment No. 1 to
the Redevelopment Plan. Staff Recommendation: Approve
Agreement for Professional Services with Urban Futures,
Inc., subject to final language approval by the Executive
Director and Agency Counsel. (Staff: Hugh Riley)
5. CONSENT CALENDAR:
A. Consider Approval of Minutes of Regular Meeting of May 5,
2004. Staff Recommendation: Approve minutes.
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision
(b) of Section 54956.9 of the Government Code: (Number of
cases to be discussed - 4)
Redevelopment Agency Agenda
May 19, 2004
Page 2
6. CLOSED SESSION: (continued)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of
Section 54956.9 of the Government Code: (Number of cases
to be discussed - 4)
C. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Pursuant to Subdivision (a) of Section 54956.9 of the
Government Code)
Mission Bell Plaza Phase II, LLC, a California limited
partnership vs. Redevelopment Agency of the City of
Moorpark (Case No. SCO28906)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: (APN 512 -0- 090 -10)
Agency Negotiator: Steven Kueny, City Manager /Executive
Director
Negotiating Parties: Norman Bradley Miller
Under Negotiation: Price and terms of payment for lease
7. ADJOURNMENT:
Any member of e public may a ress a Agency uring a is 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 may be submitted in lieu of speaking orally for open
Public Hearings and Presentation /Action /Discussion items. Copies of each item of business
on the agenda are on file in the office of the City Clerk and are available for public
review. Any questions concerning any agenda item may be directed to the City Clerk at (805)
517 -6223.
In compliance with the Americans with Disabilities Act, if you need special assistance to
review an agenda or participate in this meeting, including auxiliary aids or services,
please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can
be made available in appropriate alternative formats to persons with a disability. Any
request for disability- related modification or accommodation should be made at least 48
hours prior to the scheduled meeting to assist the City staff in assuring reasonable
arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA
Title II).
CITY OF MOORPARK, CA,LTFORT TIA
Redevelopment Agency Meeting 4.A-
Of cf ITEM-
ACTION:
LEN
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Chair and Board of Directors
FROM: Steve Kueny, Executive Director k4l�-
DATE: May 12, 2004 (Agency Meeting of May 19, 2004)
SUBJECT: Consider Proposed Operating and Capital Improvement
Budgets for the Fiscal Year 2004/2005
The City Manager's recommended budgets for the City of Moorpark
and the Moorpark Redevelopment Agency for fiscal year -2004 /2005
will be presented to the Agency for it's consideration on May
19, 2004.
It is recommended that the Agency receive the recommended
Operating and Capital Improvement Budgets for FY 2004/2005 and
set a date for a budget workshop.
RECOMMENDATION
Receive the budgets and set a workshop for May 26, 2004.
®a00®1L
ITEM 4. $•
CITY OF MI OORPARK, CALIFORNIA
Redevelopment Agency Meeting
of .5' - / ? Ano ,I
ACTION:
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT BY.
TO: The Honorable Chair and Board of Directors
FROM: Hugh R. Riley, Assistant Executive Director F( 1
DATE: May 12, 2004 (Agency Meeting of May 19, 2004)
SUBJECT: Agreement for Professional Services With Urban Futures,
Inc. for the Preparation of Amendment No. 1 to the
Redevelopment Plan
BACKGROUND
The Redevelopment Plan for the Moorpark Redevelopment Project(the
"Plan ")was approved and adopted by the City of Moorpark City
Council (the "City Council ") on July 5, 1989, by Ordinance No. 110.
The City Council adopted and the voters of Moorpark approved
Ordinance 111 on July 19, 1989 restricting the use of eminent
domain by the Redevelopment Agency (the "Agency ") to acquire
residential property. The Redevelopment Agency's overall eminent
domain authority for commercial or industrial properties expired in
July 2001.
DISCUSSION
On May 5, 2004 the Agency Board approved Resolution No. 2004 -138
Directing staff to prepare an Amendment to the Redevelopment Plan
and begin the Initial Study for Environmental Review. The purpose
of the Amendment is to reinstate eminent domain authority for use
to acquire only commercial or industrial properties within the
Project Area. No residentially zoned properties or property with
other zoning designation that has residential uses would be subject
to acquisition by eminent domain.
Staff has obtained a proposal for professional services from Urban
Futures, Inc. to assist staff with the preparation of the plan
amendment. The Tasks included in the proposed Scope of Work are:
1. Prepare Agency Amendment Initiation Resolution and Final Time
Schedule
2. Coordinate with Agency Staff for In -House CEQA Review
3. Formulate Taxing Entity List and Transmit Related Notices to
Affected Agencies
000002
Moorpark Redevelopment agency
May 12, 2004
Page 2
4. Prepare Staff Report Outlining the Agency's Eminent Domain
Policy and Project Area Committee Requirements
5. Prepare the Draft Amendment
6. Prepare the Conformity Report and Adopting Resolution
7. Prepare the Agency's Report to the City Council
8. Prepare Public Notices
9. Provide Master List of Assessees, Residents, Businesses,
Taxing Agencies and Interested Parties and Coordinate Public
Hearing Notice and CEQA Transmittals
10. Conduct two Public Workshops
11. Preparation of Ordinance to Adopt Amendment and Related
Resolutions
12. Coordinate Joint Public Hearing and Preparation of Record of
Proceedings Binder
The overall fee for the tasks outlined above will be $27,400.
Sufficient funds are included in the Agency's operating budget for
2003 -2004 and carry -over costs in the proposed operating budget for
2004 -2005. Staff has prepared the attached Agreement for
Professional Services with Urban Futures including the above Scope
of Work and including a Time Schedule for the work.
STAFF RECOMMENDATION
Approve Agreement for Professional Services with Urban Futures,
Inc. subject to final language approval by the Executive Director
and Agency Counsel.
Attachment: Agreement
000003
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
AND URBAN AND FUTURES, INC., FOR CONSULTING
SERVICES RELATED TO THE PREPARATION OF AN
AMENDMENT TO THE REDEVELOPMENT 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 an amendment to
the Redevelopment Plan; 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 May 14, 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.
X1 =-
II. Compensation
The compensation to CONSULTANT shall be a fixed professional
services fee of Twenty -Seven Thousand Four Hundred Dollars
($27,400) . 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.
000005
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 June
30, 2005, 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.
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
City of Moorpark and Urban Futures, Inc.
Page 4 of 9
00000',7
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 Page 5 of 9
City of Moorpark and Urban Futures, Inc.
1111ZIZL i
To: Marshall Linn, President
Urban Futures, Inc.
3111 North Tustin Avenue, Suite 230
Orange, California 92865 -1753
Either party may, from time to time,
the other, designate a different address o
shall be substituted for the one above
payments and other documents shall be
receipt by personal service or as of the
deposit in the United States mail.
XI. General Conditions
by written notice to
r contact person, which
specified. Notices,
deemed delivered upon
second (2nd) day after
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 subcontractor (s)
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.
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
City of Moorpark and Urban Futures, Inc.
Page 7 of 9
lili l�
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 Page 8 of 9
City of Moorpark and Urban Futures, Inc.
000011
XIII. Effective Date
This Agreement shall be effective on March
CITY OF MOORPARK:
Steven Kueny
Executive Director
ATTEST:
CONSULTANT:
2004.
Marshall Linn, President
Urban Futures, Inc.
Deborah Traffenstedt, Agency Secretary
Exhibit "A ": Proposal for Services
Professional Services Agreement between
City of Moorpark and Urban Futures, Inc.
Page 9 of 9
000012
EXHIBIT A
A Proposal To Provide
Professional Consulting Services
to the
MOORPARK
REDEVELOPMENT AGENCY
Submitted By
URBAN FUTURES, INC.
3111 N. Tustin Avenue, Suite 230
Orange, CA 92865 -1753
(714) 283 -9334
Updated May 2004
000013
May 14, 2004
Mr. Hugh Riley
Assistant City Manager
799 Moorpark Avenue
Moorpark, CA 93021
Re: Updated Proposal for Professional Consulting Services to Amend the Moorpark
Redevelopment Plan to Reinstate Eminent Domain Authority
Dear Hugh:
As requested, Urban Futures, Inc. (UFI) is pleased to provide the attached update to the
October 3, 2001 Proposal to assist the Moorpark Redevelopment Agency in its efforts to
amend the redevelopment plan for the Moorpark Redevelopment Project. The purpose of
the Amendment is to reinstate the Plan's eminent domain authority, which expired in July
2001.
Included herewith is a detailed scope of work accompanied with professional services fee
and timeframe commitments. As with our previous engagements with the Agency, all
professional services will be completed in -house by qualified UFI staff who have extensive
redevelopment plan adoption experience.
I am confident that UFI will continue to provide the Moorpark Redevelopment Agency with
the breadth of skills and expertise necessary to amend the Agency's redevelopment plan in
a timely and cost - efficient manner.
I look forward to hearing from you soon. If you have any questions, do not hesitate to call.
Sincerely,
URBAN FUTURES, INC.
Jon D. Huffman
000014
Executive Vice President
000015
PROJECT APPROACH AND WORK TASKS
APPROACH
In meeting the requirements for the amendment of a redevelopment plan pursuant to the
California Community Redevelopment Law (CCRL), as codified in the California Health and
Safety Code, Section 33000, etseq. and as more specifically set forth in CCRL Sections 33450
through 33458, (short -form plan amendment process) UFI proposes to complete and /or
coordinate, in cooperation with redevelopment staff and legal counsel, the major tasks
described below. The approach to amend (the "Amendment ") the Moorpark
Redevelopment Plan (the "Plan ") identified below assumes only the reinstating of eminent
domain authority to take property on which no persons reside within the existing Moorpark
Redevelopment Project Area (the "Project Area ").'
Unless otherwise provided for in this Scope of Work, UFI will, as a part of this Scope of Work,
prepare the required ordinance, all resolutions (and their attendant staff reports), required
documents, notices (both published and mailed), mailing lists, CEQA documentation and
the public hearing record in sufficient time to allow reasonable review and comments by
either Agency staff or Agency counsel, as appropriate. UFI will make modifications to these
documents based upon comments from either Agency staff or Agency legal counsel which
it, in its professional judgement, deems to be necessary for the ultimate approval of the
Amendment and its defense against challenge.
It is our understanding that the Agency has retained a CEQA consultant to complete all
Amendment related CEQA works tasks. UFI's only CEQA responsibility is described under task
2 below.
WORK TASKS
Task 1: Prepare Agency Amendment Initiation Resolution and Final
TimeSchedule ................................................................. ............................... $ 1,050
UFI will prepare an Agency Resolution directing staff to initiate the
Amendment, and complete and submit a final, detailed time schedule.
The schedule will include all tasks described herein, and included in the
proposed "Schedule of Events" included herewith, with anticipated dates
of completion. The schedule will be updated as necessary.
1 Amending either the fiscal or time limit "caps," or adding or deleting territory, will "trigger" an amount of additional
work based upon requirements of State law not reflected in this Scope of Work and Fee. While UFI could complete
such due diligence if requested, we would do so subject to a modified contract with the Agency. The eminent domain
prohibition will include property (non - residential) on which any person resides.
rl_5/ 1 1 /04
000016
Task 2:CEQA Process Coordination$ 1,750
UFI will coordinate the CEQA process for the Amendment with Agency
staff and CEQA consultant. This task will include document review,
scheduling, notice requirement coordination, and evidentiary record
compilation, with Agency staff and CEQA consultant. It is UFI °s
understanding that Agency staff and /or CEQA consultant will prepare
appropriate notices regarding Preparation of a Negative Declaration (or
an EIR) and will send prepared notices to responsible agencies, taxing
entities and other parties as required by law.
Task 3: Formulate Taxing Entity List and Transmit Related Notices to Affected
Agencies$ 1,300
UFI will prepare and transmit the following materials to all affected taxing
agencies and other entities:
a. Courtesy statement that the Amendment has been initiated by the
Agency
b. A map of appropriate scale indicating the boundaries of the
Existing Project Area
Task 4: Prepare Staff Report Outlining the Agency's Eminent Domain Policy and
Project Area Committee (PAC) Requirements$ 810
UFI will prepare an Agency resolution and staff report outlining the
Agency's proposed reinstated eminent domain policy. This Scope of
Work anticipates that the Agency desires to reinstate eminent domain
authority for use in the Project Area, applicable only to non - residential
land uses.2 This proposed policy will not trigger CCRL Section 33385(a) (1)
or (a) (2) requirements; consequently a PAC will not be required.
Task 5: Prepare the Draft Amendment$ 1,500
UFI will prepare the draft Amendment, incorporating the items identified
in the Approach section of this Proposal. Subsequently, this draft docu-
ment, will be transmitted to the City Planning Commission, taxing entities,
and any other interested parties for review and comment.
2 The restricted use of eminent domain authority will include a prohibition against taking property (including non-
residential) on which any persons reside.
2 rI_5/ 1 1/04
000017
Task 6: Prepare the Conformity Report and Adopting Resolution$ 3,390
UFI will prepare a staff report and resolution for Planning Commission
review and approval regarding the conformity of the Amendment with
the City's General Plan. UFI staff will attend one (1) Planning Commission
meeting to present this document.
Task 7: Prepare Agency's Report to the City Council ...................... ............................... $ 6,490
UFI will prepare the Agency's Report to the City Council pursuant to
requirements contained in CCRL Sections 33457.1 and 33352.3
Task 8: Prepare Public Notices ........................................................... ............................... $ 1,350
UFI will prepare all required notices and attendant attachments for the
joint public hearing as required in CCRL Section 33452.
Task 9: Provide Master List of Assessees, Residents, Businesses, Taxing
Agencies and Interested Parties and Coordinate Public Hearing
Notice and CEQA Transmittals ........................................ ............................... $ 550
UFI will provide the mail house, commissioned by the Agency (separate
contract) ,4 with a current list for all property owners within the Project
Area.
UFI will conduct only the mailing (certified mail, return receipt requested)
to taxing entities. Mailing of the notices previously discussed, to all others,
will be by first class mail, which will be conducted by the mail house.
Except as noted above, UFI will not be responsible for executing or
paying for the actual mailing; UFI will coordinate with an Agency -
commissioned mail house and City regarding all necessary mailing
procedures and contents. Actual cost of mailing is a factor of the
number of mailing recipients within the Project Area which is not known
by UFI at this time.
Task 10: Conduct Public workshops$ 4,660
UFI will prepare for and conduct two public workshops, prior to the joint
public hearing, to explain the redevelopment process, the Amendment
and benefits of redevelopment to all interested citizens. The time,
location and content of the presentation must be approved by the
3 Preparation of this document does not include field analysis. To the extent necessary, the Agency's analysis of
remaining Project Area blight will be based upon an existing database.
4 UFI can recommend a qualified mail contractor.
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iris
Executive Director prior to public notification.
Task 11: Preparation of Ordinance to Adopt Amendment and Related
Resolutions$ 1,300
UFI will prepare the Ordinance (and related staff report) to be used for
adoption of the Amendment. To the extent necessary, the Ordinance will
include the findings set forth in CCRL Section 33457.1. Other resolutions
(with staff reports) required to conclude the Amendments will also be
prepared by UFI and be presented at the public hearing.
Task 12: Joint Public Hearing and Preparation of Record of Proceedings
Binder$ 3,250
Subsequent to completion of all required documents, UFI will make a
formal presentation of the Amendment to the Agency and City Council
at an advertised joint public hearing. UFI will be responsible for preparing
all resolutions necessary for the Agency and City Council to execute in
order to formally approve and adopt the Amendment, related
documents and the Negative Declaration. All resolutions and the
adopting ordinance must be approved by Agency Counsel, and /or the
City Attorney. UFI will prepare a Record of Proceedings Binder which
contains all resolutions, notices and appropriate documents prepared as
a part of the Amendment process.
UFI is not responsible for State Fish and Game filing fees which could be
required as part of the filing of Notice of Determination (NOD).
FEE & TIME SCHEDULES
1. UFI will complete those work items as specified in the described Scope of Work for a fixed
professional services fee of $27,400. This fee does not include work items which would be billed on a
time and material basis (see Attachment "A!'), if needed.
2. Not included in our professional fee would be direct expense items such as State filing fees (if any),
postage, mailing costs, film and film processing, Federal Express, electronic data files, printing and
travel costs, etc. These items will be billed to the client on a cost - plus -10% administrative fee.
3. All costs as specified in items 1 and 2 above would be payable on a monthly basis as incurred.
4. This proposal assumes attendance of UFI staff at one (1) Planning Commission meeting, two (2)
community workshops and one (1) Joint Public Hearing. UFI staff participation at additional meetings
would be a time and materials event.
5 Excluding CEQA related documents, which will be completed by Agency CEQA consultant UFI will review
completed documents as part of task No. 2
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5. If for any reason the Agency abandons the Amendment process, UFI would be compensated for work
completed, up to the abandonment date as per the UFI hourly fee schedule.
6. Fees and expenses incurred prior to the Amendment abandonment date would be due and payable
within 30 days of the abandonment date.
Urban Futures, Inc. will complete the Amendment in a timely and professional manner. The entire
Scope of Work shall be completed within approximately five months of receipt of a Notice to Proceed
(Reference Attachment "B" included herewith). UFI is not responsible for delays in the adoption
process caused by local concerns, or other unforeseen events /obstacles.
URBAN FUTURES INC.
Marshall F. Linn, President Date
APPROVED FOR MOORPARK REDEVELOPMENT AGENCY
Executive Director Date
Moorpark Redevelopment Agency
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ATTACHMENT "A"
CURRENT PROFESSIONAL SERVICES FEE SCHEDULE
Principals.....................................
............................... $185.00 per hour
Principal Planner ..........................
............................... 115.00 per hour
Senior Planner ...............................
............................... 105.00 per hour
Staff Planner ....................................
............................... 75.00 per hour
Clerical............................................
............................... 45.00 per hour
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CITY OF "ytOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of
Y,�Lcn, INUTES OF THE REDEVELOPMENT
Moorpark, California
ITEM 5 . A.
AGENCY
May 5, 2004
A Regular Meeting of the Redevelopment Agency of the City of
Moorpark was held on May 5, 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 7:39 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:
A. Consider Resolution Directing Agency Staff to Begin
Preparation of an Amendment to the Redevelopment Plan
to Restore Eminent Domain Authority with Restrictions
as Provided by City Ordinance No. 111 and Direct the
Preparation of an Initial Study. Staff
Recommendation: Adopt Resolution No. 2004 -138.
Mr. Riley gave the staff report.
In response to Chair Hunter, Ms. Traffenstedt stated
there were no speakers.
MOTION: Agency Member Harper moved and Agency Member Mikos
seconded a motion to adopt Resolution No. 2004 -138
directing Agency staff to begin preparation of an amendment
to the Redevelopment Plan to restore Eminent Domain
authority with restrictions as provided by City Ordinance
No. 111 and to prepare an Initial Study. The motion
carried by unanimous voice vote.
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Minutes of the Redevelopment Agency
Moorpark, California Paqe 2 May 5, 2004
5. CONSENT CALENDAR:
MOTION: Agency Member Mikos moved and Agency Member Parvin
seconded a motion to adopt the Consent Calendar. The motion
carried by unanimous roll call vote.
A. Consider Approval of Minutes of Special Meeting of
April 21, 2004.
Consider Approval of Minutes of Regular Meeting of
April 21, 2004.
Staff Recommendation: Approve minutes.
B. Consider Awarding a Contract for the Civic Center
Driveway Modification Project (Project 8053) and the
Adoption of Resolution Amending Fiscal Year 2003/04
Budget to Fully Fund the Project. Staff
Recommendation: 1) Approve the award of a
construction contract to Lee Construction Company for
the construction of the subject project; and 2) Adopt
Resolution No. 2004 -139, amending the FY 2003/04
Budget for this project. ROLL CALL VOTE REQUIRED
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
MOTION: Agency Member Harper moved and Agency Member Parvin
seconded a motion to adjourn. The time was 7:42 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
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