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Home My WebLink AboutAG RPTS 2004 1103 RDA REG14 ESTABLISHED MARM 11L stet # IF O F t �X4 4 a� err of Resolution No. 2004 -144 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, NOVEMBER 3, 2004 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3 . PUBLIC COMMENT: 4. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meetina of October 20, 2004. Staff Recommendation: Approve minutes. B. Consider Amendment to Construction Agreement with Colmer Construction. Staff Recommendation: Approve Amendment to Construction Agreement, subject to final approval by City Manager and City Attorney. (Staff: Nancy Burns) 5. 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) Redevelopment Agency Agenda November 3, 2004 Page 2 5. CLOSED SESSION: (continued) 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) 6. ADJOURNMENT: Any member of e public may a ress a Agency cluring the Public Comme n s por ion o e Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Agency concerning a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or Presentations /Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the City Clerk for Public Comments prior to the beginning of the Public Comments portion of the meeting and for Presentation /Action /Discussion items prior to the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the City Clerk and are available for public review. Any questions concerning any agenda item may be directed to the City Clerk at (805) 517 -6223. In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the City Clerk's Department at (805) 517 -6223. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102 - 35.104; ADA Title II). C1T (?F -Nif K sRPARK. CALIFORNIA Redevelopment Agencv Meeting � 4eAe of ACTION- G[�QNA.y.ril� MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California October 20, 2004 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on October 20, 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 8:05 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; Ken Gilbert, Public Works Director; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. CONSENT CALENDAR: MOTION: Agency Member Mikos 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 Meeting of October 6, 2004. Staff Recommendation: Approve minutes. B. Consider Easement to Southern California Edison Company (SCE) to Accommodate Certain Underground Facilities. Staff Recommendation: Approve granting of the required easement deed and authorize the Executive Director to execute same. 5. CLOSED SESSION: None was held. Minutes of the Redevelopment Agency Moorpark, California Page 2 October 20, 2004 6. ADJOURNMENT: MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 8:06 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary f�A ;> 33C CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of /1- 03 -RA94 ACTION: BY :_�-- FA 4* B* MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: Nancy Burns, Senior Management Analyst �. Date: October 26, 2004 (MRA Meeting of November 3, 2004) Subject: Consider Amendment to Construction Agreement with Colmer Construction BACKGROUND A Construction Agreement was executed June 24, 2003, between Colmer Construction and the Redevelopment Agency of the City of Moorpark to provide for the construction of three (3) affordable units on Agency -owned property. These units were constructed in conjunction with the development of the Moondance project. DISCUSSION The units are completed and ready for occupancy and buyers have been selected. Prior to opening escrow, revisions to the Purchase Documents (Promissory Note, Deed of Trust, and Resale /Refinance Restriction Agreement and Option to Purchase) need to be finalized. These revisions are being made to assure ongoing affordability of the units. To compensate the developer for costs of maintaining these Agency -owned units during this interim period before they are sold, an amendment to the Construction Agreement has been prepared to identify the costs of gardening service, utilities, and final clean -up. This will enable the Agency to reimburse the developer for these costs, and will allow for the Agency to pay for these costs with the construction costs, identified in the Construction Agreement. Staff anticipates all affordable units to be sold prior to December 31, 2004. f "009 03 Honorable Agency Board of Directors Date 10/26/04 Page 2 STAFF RECOMMENDATION Approve Amendment to Construction Agreement, subject to final approval by City Manager and City Attorney. Attachment "A" 000904 ATTACHME14T A AMENDMENT TO CONSTRUCTION AGREEMENT This amendment to the June 24, 2003 Construction Agreement, is made and entered into this 15th day of September, 2004 by and between COLMER CONSTRUCTION, a California Corporation ( "CONTRACTOR ") and the MOORPARK REDEVELOPMENT AGENCY ('AGENCY "). W I T N E S S E T H WHEREAS, the CONTRACTOR and the AGENCY entered into a. Construction Agreement on June 24, 2003; and WHEREAS, The Construction Agreement provides for the construction of three dwelling units by the CONTRACTOR on property owned by the AGENCY for a fixed Construction amount; and WHEREAS, The dwelling units have been completed and made ready for sale by the AGENCY as of September 15, 2004 on Lots 12, 13 and 14 of Tract 5307; and WHEREAS, the AGENCY has yet to provide individual buyers for said dwelling units and AGENCY desires that CONTRACTOR continue to maintain and insure said units until buyers are selected. NOW, THEREFORE, The parties hereto do agree as follows: CONTRACT PRICE 1. Section 3.1 Payment shall be amended to include the payment of certain costs incurred by the CONTRACTOR to maintain and insure the Dwelling Units until close of Escrow with AGENCY - Identified Buyers. Such costs shall accrue on the basis of $2.40 per unit per day on each of Lots 12, 13 and 14, beginning September 15, 2004, through and including the date of close of escrow on each unit, plus a flat fee of $210 per unit, all as described in Exhibit A to this Amendment. 2. AGENCY shall pay CONTRACTOR at close of Escrow 3. All other terms and conditions of the original agreement shall remain in full force and effect. 00001 C S Moorpark Redevelopment Agency: Colmer Construction: Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt City Clerk Exhibit "A" Wayne Colmer, President EXHIBIT A A-,,ost of Delays Closing Redevelopment Homes 11,25 propartyTaxes Ravi Land $ Peryear 15.158-33 S Ferhcuse Per Day Property Taxes After N0C $ 9'630.00 $ 689,02 321000 $ $ 1.89 /nhenasiS4/4.UOO�� 6% $ 24.840,00 O 8'28O00 878 Per unit per day � Lots M 1,2_73L,2,13,14 Per house /month Gardening � Utilities MOO 30� O0 � i�00 YVabsr' Sewer Gas and E|em�im � �Q�UO 8 7�O0 � 12.00 Per un;t per day Final re-clean Per House X6 Paint pickup move on 8 7500 $ 450,00 $ 135.00 /f homes close by October 31 added costs total $ 6,412.50 N'0C, Notice of Completioir-