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HomeMy WebLinkAboutAG RPTS 2005 0406 RDA REGMEN JESTABLISHED RAM 11L My �IFO ly OF Mii Resolution No. 2005 -146 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, APRIL 6, 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. (continued from March 16, 2005) Staff Recommendation: 1) Direct staff to proceed with the process outlined in Option 4 to amend the Redevelopment Plan; 2) Approve an Agreement for Professional Services with Urban Futures, Inc. subject to final scope of work and language approval by the Agency Counsel and the Executive Director; 3) Authorize 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 February 16, 2005. Consider Approval of Minutes of Special Meeting of March 2, 2005. Redevelopment Agency Agenda April 6, 2005 Page 2 5. CONSENT CALENDAR: (continued) Consider Approval of Minutes of Regular Meeting of March 16, 2005. Staff Recommendation: Approve minutes. B. Consider Mid -Year Amendments to 2004/2005 Fiscal Year Budget. Staff Recommendation: Adopt Resolution No. 2005- , amending the FY 2004/05 budget. ROLL CALL VOTE REQUIRED (Staff: Johnny Ea) 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) C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0- 091 -080) Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: Redevelopment Agency of the City of Moorpark and Janss IV Recreation, Inc. (Theater on High -45 High Street) Under Negotiation: Price and terms of payment 7. ADJOURNMENT: Any member of e public may address the gency uring a Public �mm`enEspor -on of a end 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). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Moorpark Redevelopment Agency to be held Wednesday, April 6, 2005 at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on March 31, 2005, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on March 31, 2005. Z�' Maureen Benson, Deputy City Clerk ITEM q - A . CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting MOORPARK REDEVELOPMENT AGEN (*nON: AGENDA REPORT "—' AP ✓� � � BY: TO: Honorable Chair and Agency Board Members FROM: Hugh R. Riley, Assistant Executive Di ector DATE: March 30, 2005 (Agency Meeting of 04/6/05) 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 and Direct the Preparation of an Initial Study BACKGROUND California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.), Section 33342, provides that "redevelopment plans may include provisions for the agency to acquire by gift, purchase, lease, or condemnation all or part of the real property in the project area." 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. On February 16, 2005, the Agency Board considered a proposed Agreement for professional Services with Urban Futures, Inc. to assist the Agency with the preparation and processing of an amendment to the Plan to restore eminent domain authority. The Board continued the item to March 16 to allow additional time for the Board to review the process and procedures required for a Project Area Committee. On March 16, Staff asked that the item be continued until April 6, to provide additional time for staff to review the proposed scope of work for the project. On March 9, the Board received a draft document titled Procedures for the Formation, Election, and Operation of a Project Area Committee and a tentative Project Timetable based on a contract approval date of April 6, 2005. 000001 Moorpark Redevelopment agency March 24, 2005 Page 2 DISCUSSION In order to accomplish the Agency's remaining goals for the revitalization of the downtown area, a number of blighted or inappropriately developed 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 four 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 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 as well as all other commercial and industrial property. This possible expansion of eminent domain on residential properties could include all such properties in the Project Area or only a portion of them by area, type of zoning or other criteria. This option would require the formation of a PAC as well as the approval of the voters. Option 4 would be to defer a final decision on restrictions in the amendment and proceed with the formation of the PAC since it would be required for either Option 1 or Option 3. Both Options would be presented to the PAC together with an open discussion about the 00002 Moorpark Redevelopment agency March 24, 2005 Page 3 Agency's objectives included in the new, Five -Year Implementation Plan. Target areas for redevelopment and the benefits of the specific improvements should be presented. Staff believes that the use of eminent domain authority for certain residential property may be needed if the Agency is to achieve its planned objectives. Since the PAC is an important part of the amendment process, staff is recommending Option 4 to allow consideration of how the adopted Plan objectives can be achieved. 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 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 be presented with recommended procedures if a decision is made to proceed with the amendment. As required by Community Redevelopment Law and CEQA, an initial study will be prepared by City Staff to assess the potential for environmental impacts. If it is determined that an EIR or a focused EIR is required the scope of work for the plan will need to be modified. The present scope of work does not contain tasks for environmental work to this detail. 000003 Moorpark Redevelopment agency March 24, 2005 Page 4 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 the amendment proposed at that time would not have required the formation 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. At the Agency's request, 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 CE-QA Process Coordination $ 1,750 Task 3 Formulate Taxing Entity List and Transmit Relate Notices to Affected Agencies (Completed under previous agreement) $ -0- 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 000004 Moorpark Redevelopment agency March 24, 2005 Page 5 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 RECOMMENDATION 1. Direct staff to proceed with the process outlined in Option 4 to amend the Redevelopment Plan. 2. Approve ar. Agreement for Professional Services with Urban Futures, Inc. subject to final scope of work and language approval by the Agency Counsel and the Executive Director. 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 April, 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. Page 1 of 10 ATTACHMENT 1 OOOOOG 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 `hirty (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. 0000011- 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. 000000 Agreement shall be deemed or other provision, whether or waiver constitute a continuing provisions. No waiver shall writing by the party making the VI. Assignment /Successors shall constitute, a waiver of any not similar, nor shall any such or subsequent waiver of the same be binding, unless executed in waiver. 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 iden-ified 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. 000009 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. 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 Redevelopment Agency of the City of Moorpark and Urban Futures, Inc. Page 5 of 10 U0U0 -U 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 "pay 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, 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 (2"d) day after 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 related to economic interest and potential or real conflicts of _nterest 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 i:. 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. 0000-11 02", 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. 0000-13 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 wii�hout 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 subs�ituted. 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. 0000 -.4 REDEVELOPMENT AGENCY of the CITY OF MOORPARK: CONSULTANT: Steven Kueny Marshall Linn, President Executive Director Urban Futures, Inc. ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit "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 00006 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.2 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 1 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. 1 To extend or reinstate an Agency's eminent domain authority pursuant to CCRL Section 33333.4(g)(2) 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�OOProposals\Moorpark _AmndPIn- PACv03 wpd I r1_1110105 000017 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 ................. ............................... $ 3003 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. ZAMProposalsNoorpark_Amnd Pln PACv03.wpd 2 rl 1/10/05 000018 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 PAC ;5 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. UFI 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. 7 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.k OOProposalsVAoorpark _AmndPln-PACvO3.wpd 3 rl 1/10/05 000019 Task 7: Prepare Agency's Report to the City Council ..................... $ 6,7606 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 ............. ............................... $ 1506 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 data; however, see footnote #2, supra. Z:\ OOProposals Woorpark_AmndPIn- PACvO3.wpa 4 rl. 1/10/05 00002:0 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; UFl 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 UFl 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. 100Proposals \Moorpark_AmndPln- PACv03.wpd 5 rl_ 1 f 10105 00002!1 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 12 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 1 00ProposalsWoorpark _AmndPln-PACv03.wpd 6 rl 1/10/05 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. UOOOti3 CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting of A� -G -boos ACTION: 'I 141 QTES gy, .�Moorpar c, a 1�ornia ITEM 5 - A . OF THE REDEVELOPMENT AGENCY February 16, 2005 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on February 16, 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 :36 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 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. Mr. Riley gave the staff report. 000024 Minutes of the Redevelopment Agency Moorpark, California Page 2 February 16, 2004 Richard Tillberg, representing Urban Futures, Inc., answered Council questions and explained the function of the Project Area Committee formation. MOTION: Agency Member Millhouse moved and Agency Member Parvin seconded a motion to continue the item to March 16, 2005, to allow more time to study Project Area Committee formation. The motion carried by voice vote 4 -1, with Agency Member Mikos dissenting. 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 January 19, 2005. Staff Recommendation: Approve minutes. 6. CLOSED SESSION: None was held. 7. ADJOURNMENT: MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 8:10 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 000025 MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California March 2, 2005 A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on March 2, 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 6:35 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; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. CLOSED SESSION: Mr. Kueny requested the Agency go into closed session for discussion of Item 4.C. on the agenda. MOTION: Agency Member Harper moved and Agency Member Millhouse seconded a motion to adjourn to closed session for discussion of Item 4.C. on the agenda. The motion carried by unanimous voice vote. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: APN 512 -0- 091 -080 and APN 512 -0 -091 -100 City Negotiator: Steven Kueny, City Manager Negotiating Parties: The City of Moorpark and Janss IV Recreation, Inc. (Theater on High /Larry Janss) Under Negotiation: Price and terms of payment Present in closed session were Agency Members Harper, Mikos, Millhouse, Parvin and Chair Hunter; Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh 0 00026 Minutes of the Redevelopment Agency Moorpark, California Page 2 March 2, 2005 Riley Assistant Executive Director; Barry Hogan, Community Development Director; and Deborah Traffenstedt, Assistant to City Manager /City Clerk. The Agency reconvened into open session at 7:05 p.m. Mr. Kueny stated Item 4.C. was discussed and there was no action to report. 5. ADJOURNMENT: Chair Hunter adjourned the meeting at 7:05 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 0 © 0 0 2'7 MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California March 16, 2005 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on March 16, 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 7:26 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 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. (continued from February 16, 2005) Staff Recommendation: Continue item to Agency meeting of April 6, 2005. 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 Parvin seconded a motion to continue the item to April 6, 2005. The motion carried by unanimous voice vote. 000028 Minutes of the Redevelopment Agency Moorpark, California Paqe 2 March 16, 2005 5. CLOSED SESSION: Mr. Kueny requested the Agency recess the meeting and reconvene into closed session for discussion of Item S.C. at the conclusion of the City Council meeting. AT THIS POINT in the meeting, a recess was declared. The time was 7:28 p.m. The meeting reconvened at 10:16 p.m. MOTION: Agency Member Harper moved and Agency Member Parvin seconded a motion to adjourn to closed session for discussion of Item S.C. on the agenda. The motion carried by unanimous voice vote. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: (APN 512 -0 -091 -080) Agency Negotiator: Steven Kueny, Executive Director Negotiating Parties: Redevelopment Agency of the City of Moorpark and Janss IV Recreation, Inc. (Theater on High -45 High Street) Under Negotiation: Price and terms of payment Present in closed session were P. Mikos, Millhouse, Parvin, and Chair Executive Director; Joseph Montes, Riley, Assistant Executive Director; Development Director; and Deborah Secretary. gency Members Harper, Hunter; Steven Kueny, General Counsel; Hugh Barry Hogan, Community Traffenstedt, Agency The Agency reconvened into open session at 10:35 p.m. Mr. Kueny announced Item S.C. was discussed and there was no action to report. 6. ADJOURNMENT: Chair Hunter adjourned the meeting at 10:35 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary 0 0)00; 9 MOORPARK REDEVELOPMENT AGENDA REPORT ITEM 5 • $• CITY OF MOORPARK, CALIFORNIA Redevelopment Agency Meeting P UP • /_.� �� AGENCY TO: Honorable Board of Directors FROM: Johnny Ea, Budget & Finance Manager DATE: March 29, 2005 (meeting of April 6, 2005) SUBJECT: CONSIDER MID -YEAR AMENDMENTS TO 2004/2005 FISCAL YEAR BUDGET BACKGROUND The Board of Directors adopted a budget for fiscal year 2004/2005 on June 16, 2004 and has amended it several times for various projects and programs. After a review of the current budget status, in anticipation of developing a budget recommendation for the new fiscal year, staff has compiled additional recommended budget amendments for the Board's consideration. DISCUSSION The attached resolution makes several revenue and expenditure adjustments to the currently adopted 2004/2005 fiscal year budget, with an explanation for each item contained in Exhibit "A ". Revenue adjustments are either increases due to unanticipated revenue or receipts higher than budgeted. Expense adjustments are all either omissions, or critical items that were not previously included in the budget. These increases will be covered by additional projected revenues. Approximately $25,000 of the additional ERAF payment will come out of available reserves. STAFF RECOMMENDATION (Roll Call Vote Required) 1. Adopt Resolution No. 2005- amending the 2004/2005 budget as noted in Exhibit "A" to the attached resolution. 000030 RESOLUTION NO. 2005- A RESOLUTION OF THE BOARD OF DIRECTORS OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2004/2005 ADOPTED OPERATING AND CAPITAL IMPROVEMENTS BUDGET WHEREAS, on June 16, 2004, the Board of Directors adopted the Operating and Capital Improvements Budget for fiscal year 2004/2005; and WHEREAS, certain additions and adjustments to the budget are proposed to allow for effective service delivery for the balance of the fiscal year; and WHEREAS, the Board of Directors now wishes to amend the 2004/2005 fiscal year budget as noted in Exhibit "A ". NOW, THEREFORE, THE AGENCY BOARD OF DIRECTORS OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment as described in Exhibit "A" attached hereto is hereby approved. SECTION 2. The Agency Secretary shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 6th day of April, 2005. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 000031 Exhibit "A" Moorpark Redevelopment Agency Mid Year Budget Amendment for the 2004/2005 Fiscal Year Object Current Current Amended Budget Unit Code Fund /Division Description Budget Actual Revision Budget Explanation REVENUE: 2901 3404 MRA Low /Mod Housing Rents - Tenants $ $ 5,610 $ 11,220 $ 11,220 Rental of 661 Moorpark Ave. not budgeted 2901 3741 MRA Low /Mod Housing Other Loan Payoff 39,732 39,732 39,732 Reclass deferred revenue for Mission Bell II not budgeted 2902 3400 MRA Area 1 Investment Earnings 17,000 106,584 89,584 106,584 Mission Bell II Interest higher than prior year 3900 3021 MRA Debt Service Tax Increment Unsecured 725,753 757,650 31,897 757,650 MRA tax increment higher than anticipated 108 324 2901 - 2420 -5025 Grand Total 172,433 Water EXPENDITURES: 1,440 2901 - 2420 -5025 9416 MRA Housing Natural Gas - 168 2901 - 2420 -5025 9103 MRA Housing Special Professional Sery $ 52,750 $ 28,350 $ 10,000 $ 2901 - 2420 -0000 9231 MRA Housing Postage 200 2,164 2,165 2901 - 2420 -5025 9122 MRA Housing Legal Svc- Non Retainer - 26,090 32,100 2901 - 2420 -5025 9252 MRA Housing Property Maintenance - 1,200 2901 - 2420 -5025 9413 MRA Housing Electricity 108 324 2901 - 2420 -5025 9415 MRA Housing Water - 1,440 2901 - 2420 -5025 9416 MRA Housing Natural Gas - 168 329 2902 - 2410 -0000 9122 MRA Economic Dev Legal Svc- Non Retainer 1,000 1,483 983 2902 - 2410 -0000 9231 MRA Economic Dev Postage 250 843 694 2902 - 2410 -0000 9413 MRA Economic Dev Electricity 1,000 870 500 2902 - 2410 -0000 9415 MRA Economic Dev Water - 525 826 2902 - 2410 -0000 9821 MRA Economic Dev Tax Increment Transfer 146,748 - 146,950 Grand Total 197,511 0 0 A Ca r� 62,750 To allocate funds to cover escrow costs for sale of 3 Agency -owned units in Moondance Development 2,365 Postage for mailings to Homebuyer Program applicants, not budgeted; allocating more funds for future expenses until June 30, 2005 32,100 For legal services related to the Homebuyer Program, not budgeted 1,200 To allocate funds for property maintenance costs 324 To allocate funds to cover electricity expenses until June 30, 2005 1,440 To allocate funds to cover water expenses until June 30, 2005 329 To allocate funds to cover gas expenses until June 30, 2005 1,983 For legal fees, costs more than anticipated 944 To cover unanticipated postage costs and allocate more funds for future expenditures 1,500 To allocate more funds to cover electricity expenses until June 30, 2005 for new vector /animal control office building 826 To cover unanticipated water costs and allocate more funds to cover water expenses until June 30, 2005 for new vector/ animal control office building 293,698 ERAF Payment higher than anticipated