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HomeMy WebLinkAboutAG RPTS 2005 0216 RDA REG`( ESTABLISHED * i 11. iftr �'�L1FOit��P rr OF MoJc Resolution No. 2005 -146 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 16, 2005 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 an Agreement with Urban Futures, Inc. for Professional Consulting Services with Fees Totaling $51,320 for the Preparation of an Amendment to the Redevelopment Plan to Restore Eminent Domain Authority with Restrictions as Provided by Ordinance No. 111 and Direct the Preparation of an Initial Study. Staff Recommendation: 1) Direct staff to proceed with the process outlined in Option 1 of the agenda report to amend the Redevelopment Plan and restore the Agency's Eminent Domain Authority as originally restricted by City Ordinance No. 111; 2) Approve an Agreement for Professional Services with Urban Futures, Inc. subject to final language approval by Agency Counsel and the Executive Director; 3) Authorize the Executive Director to execute the Agreement on behalf of the Agency; and 4) Direct staff to prepare an Initial Study. (Staff: Hugh Riley) 5. CONSENT CALENDAR: A. Consider Approval of Minutes of Regular Meeting of January 19, 2005. Staff Recommendation: Approve minutes. Redevelopment Agency Agenda February 16, 2005 Page 2 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 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 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). TO: FROM: DATE: ITEM 114 • A CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of 4 _/6 - a? 00,5 _ MOORPARK REDEVELOPMENT AGENC CTION: & AGENDA REPORT Lt714Ae CA 14, ROOv BY: LrA Honorable Chair and Agency Board Members Hugh R. Riley, Assistant January 21, 2005 (Agency City Manager Meeting of 02/16/05) SUBJECT: Consider an Agreement with Urban Futures, Inc. for Professional Consulting Services with Fees Totaling $51,320 for the Preparation of an Amendment to the Redevelopment Plan to Restore Eminent Domain Authority with Restrictions as Provided by Ordinance 111 and Direct the Preparation of an Initial Study 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. --he 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 In order to accomplish the Agency's remaining goals for the revitalization of the downtown area, a number of blighted and inappropriately developed commercial and industrial properties will need to be acquired for redevelopment. Some of these acquisitions may require the use of eminent domain. Without such authority the Agency will be unable to accomplish the goals set out in the Plan to eliminate blight. The Redevelopment Plan should be amended to restore this authority to the Agency for the maximum 12 -year period. There are three options available to the Agency to amend the Plan: Option 1 would be to amend the plan with the identical restrictions imposed on the use of the authority for residential property by Ordinance 111 excluding the taking, by eminent domain, of property zoned residential and property zoned commercial or industrial that 000001 Moorpark Redevelopment agency January 21, 2005 Page 2 has a residential structure (house) on it and was owner occupied at the time the Original Redevelopment Plan was adopted (June 28, 1989) for so long as the same owner occupies the residence. This amendment process would require the formation of a Project Area Committee (PAC) but would not require a vote of the electorate within the City since the amendment would not change the original restrictions imposed by the electorate. Option 2 would be to amend the plan to fully exclude any residential uses from the eminent domain authority. Because this amendment would change the restrictions imposed by Ordinance 111, an election would be required but a PAC would not be required. Option 3 would be to amend the plan and expand the eminent domain authority beyond the restrictions imposed by Ordinance 111 and allow the Agency to acquire vacant or occupied, residentially zoned property and commercially or industrially zoned property with residential uses. This process would require the formation of a PAC as well as the approval of the voters. Staff is recommending Option 1 to the Agency Board. This authority obtained by such an amendment would allow the Agency to acquire on -y commercial or industrial properties within the Project Area. in accordance with the California Community Redevelopment Law ([CCRL], Health and Safety Code Section 33000, et seq.) Section 33342, "redevelopment plans may provide for the agency to acquire by gift, purchase, lease, or condemnation all or part of the real property in the project area." By reinstating this limited eminent domain authority within the Plan, staff believes that the Agency will be able to more effectively continue to "eliminate and prevent the spread of blight in the Project Area" through implementation of the Agency's four goals. These goals include 1) to preserve and enhance the economic prosperity of the overall community and aid business development and retention; 2) to develop an implementation strategy for Downtown revitalization; 3) to promote adequate infrastructure for business development; and 4) to promote affordable housing and residential support programs and services. However the restrictions do limit the acquisition of residentially zoned properties by eminent domain for redevelopment. This amendment process will require the formation of a Project Area Committee (PAC) since the Plan, as amended, 1) would authorize the taking, by eminent domain, of certain property on which persons 000002 Moorpark Redevelopment agency January 21, 2005 Page 3 reside including commercial and industrial property and 2) the Project Area contains a substantial number of low- and moderate - income persons. The Project Schedule will be prepared that includes the formation of a PAC. The PAC is formed using an election procedure adopted by the Agency Board. The procedure delineates noticing requirements, the number of representatives on the PAC and the procedure for election of the members. Project Area residents including tenants, businesses, property owners and community organizations are eligible to participate. The Agency Board will receive further details regarding the PAC formation process as a part of a separate Information Report. A Negatives Declaration will also be prepared. If the Agency makes the determination based on information included in the Record that an EIR will be required, rather than a Negative Declaration, the schedule will have to be adjusted. In June 2004, the Agency retained the services of Urban Futures to assist with the plan amendment process for a total fee of $27,400, however, the scope of services for that agreement did not include the formation of a PAC and related hearings and workshops because he amendment proposed at that time would not have required the ormation of a PAC. Some portions of the work were completed under that agreement and the agency was billed for $11,685 for those services. Some of these services will need to be repeated due to the change in the scope of work and time delays. Urban Futures, Inc. has submitted a new proposal to provide the required services to assist the Agency in the preparation of the amendment including the work necessary for the formation of the PAC to review the amendment and associated plans. The Agency has been credited for costs totaling $4,690 for work that can be applied to the revised project tasks. The Scope of work and associated fee contained in the proposal is as follows. NOTE: Tasks associated with the PAC are marked with an asterisk: Task 1 Prepare Agency Amendment Initiation Resolution and Final Time Schedule $ 300 Task 2 CEQA Process Coordination $ 1,750 Task 3 Formulate Taxing Entity List and Transmit Relate Notices to Affected Agencies (Completed under previous agreement) $ -0- 000003 Moorpark Redevelopment agency January 21, 2005 Page 4 Task 4 Prepare Staff Report Outlining the Agency's Eminent Domain Policy and Project Area Committee (PAC) Requirements and assist the Agency with the Management of the PAC Process $ 27,300 Task 5 Prepare Draft Amendment $ 950 Task 6 Prepare Conformity Report and Adopting Resolution $ 3,390 Task 7 Prepare Agency's Report to the City Council $ 6,760 Task 8 Prepare Public Notices, City Council and Agency Staff Reports and Resolutions re: Joint Public Hearing Consent; Prepare Citizens Guide Information Booklet $ 150 Task 9 Provide Master List of Assessees, Residential, Business, Taxing Agencies and Interested Parties And Coordinate Public Hearing Notice and CEQA Transmittals $ 750 Task 10 Conduct Public Workshops $ 5,920 Task 11 Prepare Ordinance to Adopt Amendment and Related Resolutions $ 800 Task 12 Conduct Joint Public Hearing and Prepare Record of Proceedings $ 3,250 TOTAL FEE $ 51,320 STAFF RECOMMNDATION 1. Direct staff to proceed with the process outlined in Option 1 to amend the Redevelopment Plan and restore the Agency's Eminent Domain Authority as originally restricted by City Ordinance 111. 2. Approve an Agreement for Professional Services with Urban Futures, Inc. subject to final language approval by the Agency Counsel and the Executive Director. 11111• Moorpark Redevelopment agency January 21, 2005 Page 5 3. Authorize Executive Director to execute the Agreement on behalf of the Agency. 4. Direct staff to prepare an Initial Study. Attachment: Agreement for Professional Services 000005 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 February, 2005, by and between Redevelopment Agency of the City of Moorpark ( "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 below and as described in more detail in the CONSULTANT'S Proposal dated December 13, 2004 which is attached to this agreement as Exhibit "A ", and made a part hereof. Task 1 Prepare Agency Amendment Initiation Resolution and Final Time Schedule Task 2 CEQA Process Coordination Professional Services Agreement between Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. ATTACHMENT 1 Page 1 of 10 11111. Task 3 Formulate Taxing Entity List and Transmit Related Notices to Affected Agencies Task 4 Prepare Staff Report Outlining the Agency's Eminent Domain Policy and Project Area Committee (PAC) Requirements Task 5 Prepare Draft Amendment Task 6 Prepare Conformity Report and Adopting Resolution Task 7 Prepare Agency's Report to the City Council Task 8 Prepare Public Notices, City Council and Agency Staff Reports and Resolutions re: Joint Public Hearing Consent; Prepare Citizens Guide Information Booklet Task 9 Provide Master List of Assessees, Residential, Business, Taxing Agencies and Interested Parties And Coordinate Public Hearing Notice and CEQA Transmittals Task 10 Conduct Public Workshops Task 11 Prepare Ordinance to Adopt Amendment and Related Resolutions Task 12 Conduct Joint Public Hearing and Prepare Record of Proceedings 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. II. Compensation The compensation to CONSULTANT shall be a fixed professional services fee of Fifty One Thousand Three Hundred Twenty Dollars ($51,320) . Payment to CONSULTANT shall be made by AGENCY within thirty (30) days of receipt of invoice, if the invoice is not Professional Services Agreement between Page 2 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. 00000'7 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, 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 Professional Services Agreement between Page 3 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. ==110 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 April 30, 2006, 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 contractors who serve in the role of Executive Director, Assistant Executive Director, City Clerk /Agency Secretary, General Counsel, 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 Professional Services Agreement between Page 4 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. 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 phis 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. 4. Be written on an occurrence basis. Professional Liability or Errors and Omissions insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the CONSULTANT and "Covered Professional Services" Professional Services Agreement between Page 5 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. 000010 as designated in the policy must specifically include work performed under this agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must 'Npay on behalf of" the insured and must include a provision establishing the insurers duty to defend. The policy retroactive date shall be on or before the effective date of this agreement. 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 Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Professional Services Agreement between Page 6 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. -000011 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 (2nd) day after deposit in the United States mail. XI. General Conditions A. CONSULTANT agrees not to work for any private firm located within the City limits of the City of Moorpark, the City of Moorpark Area of Interest, or for any public agency where its jurisdiction includes all or part of the City of Moorpark without the prior written consent of the AGENCY, during the term of this Agreement. Furthermore, CONSULTANT agrees to limit its actions elated 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 7 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. 000012 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. No waiver of any provision of this Agreement shall be deemed, or shall constitute a continuing or subsequent waiver of Professional Services Agreement between Page 8 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. 000013 the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. L. 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. M. 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 or 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. XIII. IMPLEMENTATION The Agency shall provide CONSULTANT with written notice in advance of the date at which these services are to be implemented if different than the date of the Agreement. Professional Services Agreement between Page 9 of 10 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. 000014 REDEVELOPMENT AGENCY of the CITY OF MOORPARK: Steven Kueny Executive Director ATTEST: CONSULTANT: Marshall Linn, President Urban Futures, Inc. Deborah S. Traffenstedt, Agency Secretary Ext-:ibit "A ": Proposal for Professional Services Professional Services Agreement between Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. Page 10 of 10 000015 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 Revised January 10, 2005 EXHIBIT A 000016 PROJECT APPROACH AND WORK TASKS BACKGROUND In accordance with requirements of the California Community Redevelopment Law (CCRL; Health and Safety Code Section 33000, et seq.), the Redevelopment Plan (the "Plan ") for the Moorpark Redevelopment Project (the "Project" or the "Project Area," as may apply) was adopted by the City Council of Moorpark (the "City Council" and the "City," respectively), by its Ordinance No. 110 on July 5, 1989. The City Council then amended the Plan by Ordinance No. 111, also adopted July 5, 1989, to approve, and subsequently submit for voter approval, restrictions on use of the Agency's eminent domain authority with regard to residential property within the Project Area. Ordinance No. 111 was approved by the voters on November 7, 1989. The Agency's overall eminent domain authority expired on July 5, 2001, and the Agency now desires to reinstate and extend that authority as permitted by CCRL Section 33333.4(g)(2), and establish a Project Area Committee (PAC) pursuant to the requirements of CCRL Section 33385.3, et al. APPROACH In meeting the requirements for the amendment of a redevelopment plan pursuant to the CCRL, as more specifically set forth in CCRL Sections 33450 through 33458 (the "short-form" plan amendment process), UFI proposes to complete and /or coordinate, in cooperation with the Redevelopment Agency (the "Agency ") of the City of Moorpark, its staff, and special counsel, the major tasks described below. The approach to amending (the "Amendment ") the Plan identified below assumes reinstating and extending the Agency's eminent domain authority, as previously authorized (Ordinance No. 111), and formation of a Project Area Committee (PAC) within the existing Project Area.' The Proposal further assumes that no additional blight assessment or findings of blight consistent with CCRL Section 33031, as amended, will be required.Z 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, and the public hearing record in sufficient time to allow reasonable review and comments by Agency staff and /or Agency special counsel, as appropriate. UFI will make modifications to these documents based upon comments received. This Proposal assumes Agency special counsel will be responsible for all conflict of ' Amending fiscal and /or related time limit "caps," or adding or deleting territory, may "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 required tasks if requested, we would do so subject to a modified scope of work, time frame, and contract with the Agency. The eminent domain prohibition will include property (non - residential) on which any person resides. To extend or reinstate an Agency's eminent domain authority pursuant to CCRL Section 33333.4(gx2) by amendment, current standard legal practice, relying upon the statutes as interpreted by the courts, has not included additional assessment, documentation and findings of substantial blight within a project area; however, an appellate court case is currently being considered that may have a bearing upon this issue, to wit: Boelts v. City of Lake Forest, et al., Case No. G0033549, Court of Appeal, Fourth Appellate District, Division 3, argued and submitted November 17, 2004; opinion due date, February 15, 2005. The lawsuit challenges the validity of an amendment and restatement of a redevelopment plan adopted before 1994, including authorization of eminent domain (not previously authorized) for acquisition of property on which no persons reside, and CEQA compliance (adoption of a negative declaration) related thereto. Among other things, the lawsuit alleges that the agency did not fulfill all requirements for proper findings pursuant to the CCRL and that the blight findings were not sufficiently supported. Z.1 0OProposa isNoorpark_AmndPln- PACv03.wpd 1 d_1/10105 00001'7 interest review relative to the City Council /Agency, Planning Commission, and PAC representatives for use prior to those bodies taking action. It is our understanding that the Agency has retained a California Environmental Quality Act (CEQA) consultant to complete all Amendment - related CEQA compliance. UFI's only CEQA responsibility is described under Task 2 below. WORK TASKS Task 1: Prepare Agency Amendment Initiation Resolution and Final Time Schedule ................. ............................... $30 03 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. 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........................ ............................... $ 03 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 ................ $ 27,3003 UFI will prepare the Agency staff report and resolution outlining the Agency's eminent domain policy and determination to establish a PAC, pursuant to CCRL Section 33385.3(a), and the City Council staff report and resolution calling for 3 Task fee discounted pursuant to fee credit sited in letter addressed to Hugh Riley, Agency Assistant Executive Director, dated January 10, 2005, included herein by this reference. Z. QOProposalsWoorpark _AmndPkl-PACv03.wpd 2 A_ 1/10/05 the formation of a PAC pursuant to CCRL Section 33385. Assisted by Agency staff and special counsel, UFI will head up the task of forming and operating the PAC.` This Task will include: i) drafting updated PAC Bylaws including the procedures for the formation, election and operation of the PAC; ii) attending one (1) pre -PAC formation informational meeting to describe responsibilities and procedures of the PACTS iii) attending one (1) general PAC election meeting ;6 iv) assisting in the drafting and dissemination of all legally required notices, voting ballots, candidate biographies, and other election materials relating to the PAC; v) attending (1) City Council meeting relating to the formation of the PAC; vi) attending and providing staff support for four (4) PAC meetings; and vii) drafting required staff reports for presentations to the PAC and for the final PAC recommendation on the proposed Amendment to the City Council pursuant to CCRL Section 33347.5. When appropriate, UFI will utilize the expertise of several adjunct professional firms to present relevant information at PAC meetings. At the four PAC meetings discussed above, we envision presentations focused around i) proposed Agency project and program actions, ii) relocation process and implications (relocation sub - consultant included), iii) property acquisition methods and procedures (acquisition sub - consultant included), iv) review and explanation of California redevelopment, v) history of redevelopment in Moorpark, and vi) review and explanation of the Amendment process and related documents and procedures.' Task 5: Prepare the Draft Amendment ..... ............................... $ 950 UFI will prepare the draft Amendment, incorporating the items identified in the Approach section of this Proposal. Subsequently, this draft document, will be transmitted to the City Planning Commission, taxing entities, and any other interested parties for review and comment. 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. UFl staff will attend one (1) Planning Commission meeting to present this document. ` Agency special counsel has opined that a PAC will be necessary 5 All meeting locations to be determined by Agency staff. 6 UFI participation in subsequent PAC elections (as may be required based upon Bylaw requirements and initial election results), related procedures and work tasks, will be on a time and materials basis. Agency staff will be responsible for all reporting and record keeping requirements of CCRL Section 33387. UFI will not be responsible for the cost and handling of required PAC mailings; UFI will coordinate with a mail house and the Agency for all necessary mailing procedures. UFI will make recommendation to the Agency on the commissioning of a mail house. Actual cost of mailing will be a factor of the number of mailing recipients and weight of transmittals, which cannot be determined at this time. Z.% OOProposals 'Moorpark_AmntlPln- PACvO3 wpd 3 rl_7/10105 000019 Task 7: Prepare Agency's Report to the City Council ..................... $ 6,7608 UFI will prepare the Agency's Report to the City Council pursuant to requirements contained in CCRL Sections 33457.1 and 33352 to the extent warranted by the proposed Amendment actions.9 The evidence of continuing blight in the Project Area will be based upon: i) a review of blight found in the Project Area as described in the Agency's Report to the City Council for the Plan, as previously amended (which Report will be incorporated into the Report to City Council by reference); ii) a review of Agency actions taken subsequent to adoption of the Plan as identified in the Agency's latest Implementation Plan (required pursuant to CCRL Section 33490) taken to alleviate blight in the Project Area (which Implementation Plan will be incorporated into the Report to the City Council by reference); iii) a review of private party development activities within the Project Area subsequent to adoption of the Plan as provided to UFI by City staff (typically through building permits); and iv) a statement that, except for the blight alleviated through Agency actions or private party actions as described, infra, the blight identified in the Agency's Report to City Council for the Plan, as previously amended, remains unchanged. Task 8: Prepare Public Notices, City Council and Agency Staff Reports and Resolutions re: Joint Public Hearing Consent; Prepare Citizens Guide Informative Booklet ............. ............................... $ 1508 UFI will prepare resolutions and staff report for consideration by the Agency and City Council requesting that they set a date for the Joint Public Hearing required by CCRL Section 33452. After the date of the Joint Public Hearing has been set, UFI will prepare all required Joint Public Hearing notices and attendant attachments for the joint public hearing for review and approval by Agency staff and legal counsel. UFI will coordinate with Agency staff and the City Clerk regarding the required noticing procedures, including advertising in a newspaper of general circulation (newspaper of record) for the Joint Public Hearing. UFI will also prepare an informative booklet entitled Citizens Guide to Understanding Redevelopment for Agency use, but which will not be included in the mailing of the public notice of Joint Public Hearing. Task 9: Provide Master List of Assessees, Residents, Businesses, Taxing Agencies and Interested Parties and Coordinate Public Hearing Notice and CEQA Transmittals .... ............................... $ 750 8 Task fee discounted pursuant to fee credit sited in letter addressed to Hugh Riley, Agency Assistant Executive Director, dated January 10, 2005, included herein by this reference. 9 Preparation of this document will not include new field analysis. To the extent necessary, the Agency's analysis of remaining Project Area blight will be based upon existing dada; however, see footnote #2, supra. Z.\ OOProposalsWoorpark _AmndPln- PACv03.wpd A 0_1110/05 000020 UFI will provide the mail house, commissioned by the Agency (separate contract),10 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 ...... ............................... $ 5,920 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 Executive Director prior to public notification. Task 11: Preparation of Ordinance to Adopt Amendment and Related Resolutions .................... ............................... $ 800 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 Amendment" will also be prepared by UFI and be presented at the public hearing. All resolutions and the adopting ordinance must be approved by Agency Counsel, and /or the City Attorney. 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 prepare a Record of Proceedings Binder which contains all resolutions, notices and appropriate documents prepared as a part of the Amendment process, for distribution to all Council Members, appropriate staff, and other parties as directed by staff. 10 UFI can recommend a qualified mail contractor. 11 Excluding CEQA related documents, which will be completed by Agency CEQA consultant. UFI will review completed documents as part of task No. 2. Z.100Proposa ,.\MoorpaN_AmnOPln- PACv03.wpd 5 r11110105 00002 -. FEE & TIME SCHEDULES UFI will complete those work items as specified in the described Scope of Work for a fixed professional services fee of $51,32012. 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. In terms of the PAC this Proposal further assumes attendance at one (1) pre -PAC organizational meeting; one (1) PAC general election; one (1) City Council meeting relating to PAC formation; and attendance and providing staff support for four (4) PAC meetings. UFI staff participation at additional meetings would be a time and materials event. 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. 7. Urban Futures, Inc. will complete the Amendment in a timely and professional manner. The entire Scope of Work shall be completed within approximately seven (7) 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 t2 Total fee discounted pursuant to fee credit sited in letter addressed to Hugh Riley, Agency Assistant Executive Director, dated January 10, 2005, included herein by this reference. Z. 100ProposalsWoorpark _AmntlPln- PACv03.wpd 6 A_ 1170105 000022 ATTACHMENT "A" CURRENT PROFESSIONAL SERVICES FEE SCHEDULE Principal ............................ Principal Planner ...................... Senior Planner ....................... Staff Planner ......................... Planning Assistant .................... Planning Technician ................... $185.00 per hour 115.00 per hour 105.00 per hour 75.00 per hour 45.00 per hour 35.00 per hour Telephone, printing, duplication, reproduction, postage, legal description, state filing fees and other out -of- pocket expenses are billed at cost plus 10% to cover administrative costs. 000023 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting ITEM ....., .5. A . Of o?- /L '0?045- ACTION:�1.Cd- st�G[i MINUTES OF THE REDEVELOPMENT AGENCY January 19, 2005 BY.� A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on January 19, 2005, 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 7:32 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 2005 -2009 Implementation Plan for the Redevelopment Agency of the City of Moorpark. Staff Recommendation: 1) Open public hearing and accept testimony; and 2) Adopt Resolution No. 2005 -144 approving the 2005 -2009 Implementation Plan for the Moorpark Redevelopment Project. Mr. Riley gave the staff report. Dick Wardlow, a Moorpark business person, complimented and congratulated all those involved in preparing the Plan for its clarity on where the project is headed. He requested the method for acquiring the Magnolia Park site be corrected; referenced Objective III.5 on stamped page 15 of the agenda report, as proof the City plans to widen High Street; and recommended considering pedestrian crosswalks on High Street between Spring Road and Moorpark Avenue for safety reasons. 000024 Minutes of the Redevelopment Agency Moorpark, California Page 2 January 19, 2005 In response to Chair Hunter, Agency Members Harper and Millhouse, as members of the Transportation and Streets Committee, provided information on crosswalk options under consideration including a very visible type using flashing lights embedded in the pavement; and cited a future development project under consideration for High Street, which would present another opportunity to discuss additional crosswalks and possibly a traffic signal. Mr. Kueny stated that a comprehensive plan is being studied in conjunction with development plans for the south side of High Street, for not only a crosswalk, but some kind of traffic device such as a three -way stop or a traffic signal at one of the intersections. He further stated the City Council and staff have not gone on record in support of widening High Street; the references made in the Plan are for the widening of Moorpark Avenue, which is an established objective of the City Council; and the only reference to High Street is in regard to angled parking. In response to Agency Member Parvin's comments regarding the reference to West High Street on stamped page 19 of the agenda report, Mr. Kueny stated there are no plans to widen High Street for travel lanes; however the language in the document should be edited to provide more clarity. Cindy Hollister, a Moorpark resident, expressed concerns regarding down - zoning of High Street by restricting the types of businesses allowed; difficulties Secret Garden experienced in getting approval for awnings; the lack of any approved street parking for the Old Town Bakery; fear of reinstatement of powers of eminent domain enabling the seizure of private property; and a priority for a new Civic Center when there are more pressing needs. Agency Member Harper stated the document is well drafted; however the language needs to be clarified to dispel any misinterpretations regarding the widening of High Street. In response to Agency Member Mikos, Mr. Kueny stated staff would like the item to move forward this evening. He stated the awnings for Secret Garden were 000025 Minutes of the Redevelopment Agency Moorpark, California Paqe 3 January 19, 2005 approved despite the fact yet signed the licensing into the public right -of- for a striped bike lane Bakery precluded any room location; and the Magnolia by eminent domain. the property owner has not agreement for encroachment way; a decision by Council in front of the Old Town for street parking in that Park site was not acquired Agency Member Mikos stated one of the goals for the High Street area is to improve the parking situation; and there will be more opportunities to enhance parking as new development and private sector interest increases. She continued by highlighting the Redevelopment Agency's accomplishments including the much needed addition of downtown Magnolia Park; assistance to different businesses; the purchase of affordable housing; the relocation. of one family to accommodate the new fire station; and the under -one- roof Human Services project. Agency Member Mikos finalized her comments by stating the fact that the City and the Redevelopment Agency invest in the downtown area is a very sound strategy, sending a message to businesses that we believe in this area. Chair Hunter stated a very important contribution by the Redevelopment Agency was providing funds for the rehabilitation of the Theater on High Street; and he is comfortable moving forward with this item provided the language is clarified with greater specificity on widening and rehabilitation of streets. In response to Agency Member Parvin, Mr. Kueny stated the duplication of Goal III.10 and Objective IV.5 would be corrected to list this item only in the later category, as it is more an affordable housing objective than revitalization to the downtown area. MOTION: Agency Member Mikos moved and Agency Member Parvin seconded the motion to adopt Resolution No. 2005 -144 approving the 2005 -2009 Implementation Plan for the Moorpark Redevelopment Agency, as amended to clarify language by adding specificity on the widening and rehabilitation of streets, and to eliminate Goal III.10. The motion carried by unanimous voice vote. B. Consider Disposition and Development Agreement for the Sale of a .58 Acre Remnant Parcel Adjacent to New 000026 Minutes of the Redevelopment Agency Moorpark, California Paqe 4 January 19, 2005 Public Works /Parks Department Corporation Yard to Hull Holdings, LLC. Staff Recommendation: Approve recommended Disposition and Development Agreement with Hull Holdings, LLC for the property, subject to final language approval by the Executive Director and Agency Counsel and authorize Agency Chair to execute Agreement. Mr. Riley gave the staff report. In response to Chair Hunter, Ms. Traffenstedt stated there were no speakers. MOTION: Agency Member Millhouse moved and Agency Member Parvin seconded the motion to approve the recommended Disposition and Development Agreement with Hull Holdings, LLC, for the .58 acre remnant parcel adjacent to new Public Works /Parks Department Corporation Yard, subject to final language approval by the Executive Director and Agency Counsel and authorize Agency Chair to execute Agreement. The motion carried by unanimous voice vote. 5. CONSENT CALENDAR: MOTION: Agency Member Harper 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 Regular Meeting of December 15, 2004. Consider Approval of Minutes of Special Meeting of January 5, 2005. Staff Recommendation: Approve minutes. B. Consider Resolution to Amend the Moorpark Redevelopment Agency Fiscal Year 2004 -2005 Budget for Textbook and Tuition Reimbursement. Staff Recommendation: Approve Resolution No. 2005 -145 to amend the budget by $1,200. ROLL CALL VOTE REQUIRED 6. CLOSED SESSION: None was held. () 00 02'7 Minutes of the Redevelopment Agency Moorpark, California Page 5 January 19, 2005 7. ADJOURNMENT: MOTION: Agency Member Harper moved and Agency Member Parvin seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 7:55 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 000028