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Resolution No. 2007 -174
MOORPARK REDEVELOPMENT AGENCY
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 20, 2007
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 Resolution Adopting an Operating and Capital Improvements Budget
for the City of Moorpark Redevelopment Agency for the Fiscal Year
2007/2008. Staff Recommendation: Adopt Resolution No. 2007- ROLL
CALL VOTE REQUIRED (Staff: Johnny Ea)
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
A. Consider Approval of Minutes of Regular Meeting of May 2, 2007. Staff
Recommendation: Approve the minutes.
B. Consider Approval of Minutes of Special Meeting of May 23, 2007. Staff
Recommendation: Approve the minutes.
C. Consider Approval of Minutes of Special Meeting of June 6, 2007. Staff
Recommendation: Approve the minutes.
D. Consider Contract for Theater Management Services. Staff Recommendation:
Approve contract for theater management services for a one -year period
beginning July 1, 2007, subject to final language approval by the Executive
Director and Agency Counsel. (Staff: David Moe)
Redevelopment Agency Agenda
June 20, 2007
Page 2
5. CONSENT CALENDAR: (continued)
E. Consider Resolution Adopting Loan Agreement Between the City of Moorpark
and the Moorpark Redevelopment Agency. Staff Recommendation: Adopt
Resolution No. 2007- ROLL CALL VOTE REQUIRED (Staff: Johnny
Ea)
F. Consider Approving Resolution Authorizing the Acquisition of 460 Charles
Street and Accepting the Grant Deed for Recordation. Staff
Recommendation: 1) Adopt Resolution No. 2007- ; 2) Authorize the
Executive Director to execute all documents necessary to this transaction; and
3) Authorize the Agency Secretary to accept and consent to the recordation of
any deed. ROLL CALL VOTE REQUIRED (Staff: David Moe)
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 the public may address the Agency during the Public Comments portion of the 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 Division 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, June 20, 2007, at
7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark
Avenue, Moorpark, California, was posted on June 15, 2007, 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 June 15, 2007.
Maureen Benson Deputy City Clerk
ITEM 4. Lt.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
MOORPARK REDEVELOPMENT
AGENDA REPORT
TO: Honorable Board of Directors
FROM: Johnny Ea, Finance Director
DATE: June 7, 2007 (MRA Meeting of June 20, 2007)
SUBJECT: Consider Resolution Adopting an Operating and Capital
Improvements Budget for the City of Moorpark Redevelopment
Agency for the Fiscal Year 2007/2008.
DISCUSSION
On May 16, 2007 the City Manager /Executive Director presented to the Board of
Directors his recommended Operating and Capital Improvements Budget for the Fiscal
Year 2007/2008. The Agency Board of Directors held a public meeting on the budget
during a study session on May 23, 2007. The Board of Directors had no changes to the
recommended Agency Budget. State law requires adoption of a budget prior to June
30, 2007.
Staff recommends that the Board of Directors adopt the attached resolution. The final
budget document with the referenced changes has been provided to the City Council
under separate cover as well as made available to the public on the City's Home Page,
at City Hall and the Moorpark Library.
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2007 -
Attachment: Resolution No. 2007-
i
RESOLUTION NO. 2007-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, ADOPTING THE
OPERATING AND CAPITAL IMPROVEMENT BUDGET FOR THE
MOORPARK REDEVELOPMENT AGENCY FOR THE FISCAL
YEAR 2007/2008
WHEREAS, on May 16, 2007 the City Manager /Executive Director's
Recommended Budget for Fiscal Year 2007/2008 was submitted to the City
Council and Agency Board of Directors for its review and consideration; and
WHEREAS, the Board of Directors has provided the opportunity for public
comment at a public meeting held on May 23, 2007, and conducted detailed
review of expenditure proposals; and
WHEREAS, as the result of the reviews and analysis, expenditure
proposals and revenue projections have been modified as needed.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Operating and Capital Improvements Budget for Fiscal
Year 2007/2008 (beginning July 1, 2007) for the City of Moorpark
Redevelopment Agency containing operating and capital expenditures and
anticipated revenues as identified in Exhibit "A" to this resolution, attached hereto
and incorporated herein, shall be adopted as the City of Moorpark
Redevelopment Agency's Operating and Capital Improvements Budget for Fiscal
Year 2007/2008.
SECTION 2. The Executive Director is authorized to amend the capital
improvement budget for the 2007/2008 fiscal year at the conclusion of the
2006 /2007 fiscal year when a final accounting of project costs during the
2006/2007 year is complete and continuing appropriations are determined, as
long as the total project appropriation authorized by the Board of Directors is not
exceeded.
SECTION 3. The Executive Director is authorized to approve
appropriation transfers within departments and within individual funds as required
to provide efficient and economical services, as long as the total department
appropriation and fund appropriation authorized by the Board of Directors is not
exceeded.
()(10002
Resolution No. 2007 -
Page 2
SECTION 4. Except as otherwise provided in this resolution, amendments
to appropriations in the Fiscal Year 2007/2008 Operating and Capital
Improvements Budget shall require Board action by resolution.
SECTION 5. The Executive Director is authorized to make such
emergency appropriations as may be necessary to address emergency needs of
the Agency, provided that the appropriation is presented to the Board of Directors
at its next regular meeting for ratification.
SECTION 6. Administrative and planning expenditures, including direct
salaries, indirect overhead charges, and other similar costs, are necessary for
the production, improvement, and preservation of low- and moderate - income
housing.
SECTION 7. 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 20th day of June, 2007.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A"
t>l00003
Resolution No. 2007-.
Page 3
Exhibit A
Operating and Capital Improvements Budget
For the Moorpark Redevelopment Agency
Fiscal Year 2007/2008
Provided Separately
iTY OF MOORPARK. CALIFORNIA
Redevelopment Agency Meeting
at 4 ;AD -aoo-1
rrEm S. A.
ACTION -. ES OF THE REDEVELOPMENT AGENCY
oorpar af'Tornia May 2, 2007
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
May 2, 2007, in the Community Center of said City located at 799 Moorpark Avenue,
Moorpark, California.
CALL TO ORDER:
Vice Chair Millhouse called the meeting to order at 7:39 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Parvin, Van Dam, and Vice Chair
Millhouse.
Absent: Chair Hunter.
Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant
Executive Director; David Moe, Redevelopment Manager;
and Deborah Traffenstedt, Agency Secretary.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
A. Consider Authorizing Staff to Remove Four Silo Structures Located at 192
High Street. Staff Recommendation: Authorize staff to start the process
to remove the four silos located at 192 High Street.
Mr. Moe gave the staff report.
In response to Vice Chair Millhouse, Ms. Traffenstedt stated there were no
speakers.
MOTION: Agency Member Parvin moved and Agency Member Van Dam
seconded a motion to authorize staff to start the process to remove the four silo
structures located at 192 High Street. The motion carried by voice vote 4 -0,
Chair Hunter absent.
,IP,0o:�;!S
Minutes of the Redevelopment Agency
Moorpark, California Page 2 May 2, 2007
5. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED)
MOTION: Agency Member Mikos moved and Agency Member Parvin seconded a
motion to approve the Consent Calendar. The motion carried by roll call vote 4 -0, Chair
Hunter absent.
A. Consider Approval of Minutes of Regular Meeting of April 4, 2007. Staff
Recommendation: Approve the minutes.
B. Consider Changes to the Funding Source for Housing Rehabilitation Loan
Program and Approve Resolution Authorizing Fiscal Year 2006/07 Budget
Amendment. Staff Recommendation: 1) Approve recommended changes
to the Housing Rehabilitation Program; and 2) Adopt Resolution No. 2007-
173, authorizing FY 2006/07 Budget Amendment using Tax Increment
funds. ROLL CALL VOTE REQUIRED
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
Vice Chair Millhouse adjourned the meeting at 7:42 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
>; :... i ALIFGRNiA
t 9 Ivl ,ni A(jilncV Meeting -
11 iL�LL MEMO
-RTES OF THE REDEVELOPMENT AGENCY
N o'orpark, Califomfiai
May 23, 2007
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
May 23, 2007, 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 7:50 p.m. and announced that Item
4.A. would be heard concurrently with the City Council Meeting.
2. ROLL CALL:
Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and
Chair Hunter.
Staff Present: Steven Kueny, Executive Director; David Moe,
Redevelopment Manager; Deborah Traffenstedt, Agency
Secretary; and Maureen Benson, Deputy City Clerk.
3. PUBLIC COMMENT:
None.
4. PRESENTATION /ACTION /DISCUSSION:
AT THIS POINT in the meeting, Item 4.A. on was heard concurrently with Item 4.A. on
the City Council agenda.
A. Consider Proposed Operating and Capital Improvements Budgets for the
Fiscal Year 2007/08. Staff Recommendation: Discuss proposed budget
for Fiscal Year 2007/08.
Refer to City Council Special Meeting Minutes for May 23, 2007 for this
item.
CONSENSUS: It was the consensus of the Agency to accept the proposed
budget for the Redevelopment Agency, and to schedule Budget adoption for
June 20, 2007.
5. CLOSED SESSION:
None was held.
00000
Minutes of the Redevelopment Agency
Moorpark, California Page 2 May 23 2007
6. ADJOURNMENT:
Chair Hunter adjourned the meeting at 10:45 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
`C•:ie�aNi:.� �•'n,l: GNU., , :)' PJi: 1;rtJ• ���� S �•
-
-it�ltP�ttJTES OF THE REDEVELOPMENT AGENCY
Moorpark, alifornia
June 6, 2007
A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on
June 6, 2007, 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 7:12 p.m.
2. ROLL CALL:
Present: Agency Members Mikos, Parvin, Van Dam, and Chair
Hunter.
Absent: Agency Member Millhouse.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel; Hugh Riley, Assistant Executive Director; Barry
Hogan, Community Development Director; David Moe,
Redevelopment Manager; and Deborah Traffenstedt,
Agency Secretary.
3. PUBLIC COMMENT:
None.
4. CLOSED SESSION:
Mr. Kueny requested the Agency adjourn to closed session for discussion of
Items 4.C, 4.D, and 4.E. on the agenda.
MOTION: Agency Member Parvin moved and Agency Member Van Dam seconded a
motion to adjourn to closed session for discussion of Items 4.C, 4.D, and 4.E. on the
agenda. The motion carried by voice vote 4 -0, Councilmember Millhouse absent.
C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 1113 Walnut Canyon (APN 511 -0- 030 -260)
Agency Negotiator: Redevelopment Agency of the City of Moorpark -
Steven Kueny, Executive Director
Negotiating Parties: Michael and Elaine Arenas
Under Negotiation: Price and terms of payment
0000 09
Minutes of the Redevelopment Agency
Moorpark, California Page 2 June 6 2007
D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 1095 Walnut Canyon (APN 511 -0- 030 -270)
Agency Negotiator: Redevelopment Agency of the City of Moorpark -
Steven Kueny, Executive Director
Negotiating Parties: Phillip Rodriguez
Under Negotiation: Price and terms of payment
E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR
(Pursuant to Government Code Section 54956.8)
Property: 460 Charles Street (APN 512 -0- 081 -060)
Agency Negotiator: Redevelopment Agency of the City of Moorpark -
Steven Kueny, Executive Director
Negotiating Parties: Walt Waldron
Under Negotiation: Price and terms of payment
Present in closed session were Agency Members Mikos, Millhouse, Parvin, Van
Dam, and Chair Hunter; Steven Kueny, Executive Director; Joseph Montes,
General Counsel; Hugh Riley, Assistant Executive Director; Barry Hogan,
Community Development Director; David Moe, Redevelopment Manager; and
Deborah Traffenstedt, Agency Secretary.
The Agency reconvened into open session at 7:14 p.m. Mr. Kueny announced
that Items 4.C, 4.D, and 4.E. were discussed and there was no action to report.
7. ADJOURNMENT:
Chair Hunter adjourned the meeting at 7:14 p.m.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
D'I'EM 5 . �D .
G Av -a7007 _
MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT �_A •�
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager _VA
Prepared by: Jessica Sczepan, Administrative Specialis
Date: June 8, 2007 (Agency Meeting of 06/20/07)
Subject: Consider Contract for Theater Management Services
BACKGROUND
The Moorpark Redevelopment Agency acquired the High Street Arts Center (previously
The Theater on High) from Larry Janss on August 1, 2005, in an effort to preserve a
venue for live performances in the downtown. On April 26, 2006 the Agency Board
approved the retention of an Independent Contractor to manage the Theater and
produce a theater season. The contract had a one -year term that expires on June 30,
2007.
DISCUSSION
The Theater has been operating with a Theater Manager for one -year and staff is
pleased with the performance and the overall success of the Theater in its inaugural
year. To date, our revenues are on track as projected and expenditures are lower than
expected.
Staff is recommending extending the Theater Manager's contract for one -year with an
increase in the monthly fee of $175 (3.5 %), making the total compensation
$5,175 /month. This increase has been included in the draft FY 2007/2008 budget.
The agreement remains in substantially the same form as the last agreement with the
exception of updating the agreement to reflect the theaters name change, change of
address and increased compensation for the Theater Manager, and some procedural
changes to assist staff with management of the contract.
STAFF RECOMMENDATION
Approve contract for theater management services for a one year period beginning July
1, 2007, subject to final language approval by Executive Director and Agency Counsel.
Attachment 1 Draft Agreement for Professional Services
ATTACHMENT I
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of , 29062007,
between the Moorpark Redevelopment Agency, hereinafter referred to as "AGENCY ", and
L.J. Stevens, hereinafter referred to as "CONSULTANT'.
WITNESSETH:
WHEREAS, AGENCY has a need for certain management services; and
WHEREAS, AGENCY desires to contract for such services with a private consultant;
and
WHEREAS, AGENCY wishes to retain CONSULTANT for the performance of said
services.
NOW, THEREFORE, in consideration of the mutual covenants, benefits and
premises herein stated, the parties hereto agree as follows:
AGENCY does hereby appoint CONSULTANT in a contractual capacity to perform
the services in accordance with the terms and conditions hereinafter set forth and with the
authorities and responsibility ordinarily granted to this type of consultant work.
I. COMPENSATION AND SERVICES
The fees in full compensation to CONSULTANT for the services rendered, and an
initial list of assignments for which services shall be provided, shall be as set forth in
Exhibit "A ", Administrative and Management Services for the TeateF -ew -High
StFeetHigh Street Arts Center located at 45 High Street hereafter referred to as
"€a yCentee'. CONSULTANT shall submit payment requests on a monthly basis.
II. TERMINATION
This agreement may be terminated with or without cause by either party at any time
with no less than (10) days written notice to CONSULTANT by AGENCY and no less
than thirty (30) days written notice to AGENCY by CONSULTANT.
In the event of such termination, CONSULTANT shall be compensated for such
services up to the date of termination. Such compensation for work in progress shall
be limited to actual services performed.
111. GENERAL CONDITIONS
A. 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.
-- 1 --
B. CONSULTANT is and shall at all times remain as to AGENCY a wholly
independent contractor. Neither AGENCY nor any of its officers, employees,
servants, or agents shall have control over the conduct of CONSULTANT or
any of the Consultant's officers, employees, or agents, except as herein set
forth.
C. At the time of termination of this agreement, all Agency files including but not
limited to original documents, designs, drawings, reports, logos, CD's,
computer files, notes or other related materials, whether prepared by
CONSULTANT or his /her subcontractor(s), or obtained in the course of
providing the services to be performed pursuant to this Agreement shall be
given to AGENCY upon 24 hours notice.
D. CONSULTANT shall hold harmless and indemnify AGENCY and its officers,
employees, servants, and agents 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
misconduct, negligent acts, of CONSULTANT or any of its officers,
employees, or agents in the performance of this agreement, except such
damage as is caused by the negligence of AGENCY or any of its officers,
employees, servants, agents or others not under the control of
CONSULTANT.
AGENCY does not, and shall not, waive any rights that it may possess
against CONSULTANT 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 any insurance policies are determined to
be applicable to the claim, demand, damage, liability, loss, cost or expense.
E. In the event CONSULTANT hires employees other than officers, then
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 protected by the workers'
compensation law, CONSULTANT shall provide adequate insurance for the
protection of such employees to the satisfaction of the AGENCY.
F. CONSULTANT shall provide evidence of automobile insurance in the amount
not less than $300,000 per accident and $100,000 each person.
G. 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.
H. Payment to CONSULTANT shall be made by AGENCY within 30 days of
receipt of invoice, except for those which are contested or questioned and
returned by AGENCY, with written explanation within 30 days of receipt of
--2-- ()Q04.)1.3
invoice. CONSULTANT shall provide to AGENCY a written response to any
invoice contested or questioned and further, upon request of AGENCY,
provide AGENCY with any and all documents related to any invoice.
Consultant shall submit the monthly invoice no later than the third Wednesday
of the month.
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 who intended as follows:
To: Moorpark Redevelopment Agency
Attn: Executive Director
799 Moorpark Avenue
Moorpark, CA 93021
To: L.J. Stevens
4116 ;4e TE)IUGa Lake Avenue
— BUFbaRk CA 915051762 First Street, Unit A
Simi Valley, CA 93065
Either party may, from time to time, by written notice to the other, designate
a different address, which shall be substituted for the one above specified.
Notices, payments and other documents shall be deemed delivered upon
receipt by personal service or upon deposit in the United States mail.
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.
J. This agreement constitutes the entire agreement of the parties concerning the
subject matter hereto and all prior written agreements or understandings, oral
or written, are hereby merged herein. This agreement shall not be amended
in any way except by a writing expressly purporting to be such an
amendment, signed and acknowledged by both of the parties hereto.
K. Should interpretation of this agreement, or any portion thereof be necessary,
it is deemed that this agreement was prepared by the parties jointly and
equally, and shall not be interpreted against either party on the ground that a
party prepared the agreement or caused it to be prepared.
L. No waiver of any provision of this agreement shall be deemed, or shall
constitute a continuing or subsequent waiver of the same provision. No
waiver shall be binding, unless executed in writing by the party making the
waiver.
(f00 41_w
M. 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.
N. Cases involving a dispute between AGENCY and CONSULTANT may be
decided by an arbitrator if both sides agree in writing to arbitration and on the
arbitrator selected, with costs proportional to the judgment of the arbitrator.
O. This agreement is made, entered into, executed in Ventura County,
California, and any action filed in any court or for arbitration for the
interpretation, enforcement or other action to herein, shall be filed in the
applicable court in Ventura County, California.
P. The captions and headings of the various Articles and Paragraphs of this
agreement are for convenience and identification only and shall not be
deemed to limit or define the content of the respective Articles and
Paragraphs hereof.
Q. CONSULTANT agrees that she has no interest, nor shall she acquire any
interest, directly or indirectly, which will conflict in any manner or degree with
the performance of the services hereunder. CONSULTANT further agrees
that she has not contracted with nor is performing any services directly or
indirectly, with the developer(s) and /or property owner(s) and /or firm(s) and /or
partnerships and /or public agencies owning property and /or processing an
entitlement application for property in the City of Moorpark or its Area of
Interest, and further agrees that she shall provide no service or enter into any
agreement with any developer(s) and /or property owner(s) and /or firms(s)
and /or partnership(s) and /or public agency(ies) owning property and /or
processing an entitlement application for property in the City of Moorpark or
its Area of Interest, prior to completion of the term of this Agreement.
With the exception of Section 1 of this Agreement, neither CONSULTANT nor
any member of her immediate family shall have any economic interest, or
acquire or receive any economic interest, directly or indirectly in any manner
or degree arising out of the performance of this Agreement, including, but not
limited to, economic interests in any performance or production at the theater
during the term of this Agreement.
CONSULTANT further agrees she shall provide no service or enter into any
agreement with any individual or entity that has a agreement to provide
services, materials, or equipment to AGENCY or City of Moorpark or that
rents the FaeifityCenter from the Agency or is involved in any manner with a
performance or production at the €aGilityCenter without the prior written
consent of the Executive Director.
CONSULTANT also agrees she will not accept a gift from any person or entity
doing business with the Agency, City of Moorpark or involved in any manner
with a performance or production at the €aeiiityCenter. For purposes of this
Agreement, a gift is defined as provided for in Government Code Section
87300 es seq. and Title 2, Division 6, California Code of Regulations, Section
18730 and amendments or supplementary thereto.
R. CONSULTANT agrees that she shall not provide a reference or response to
personnel and work experience related inquiries pertaining to any current or
prior employees of AGENCY and shall refer all such matters to the
AGENCY's Human Resources office.
S. If any portion of this agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions will nevertheless
continue in full force without being impaired or invalidated in any way.
T. CONSULTANT shall provide monthly progress reports to the Agency detailing
the CONSULTANT'S activities.
U. The Agency Executive Director or designee is the Executive Producer of the
€,asiiityCenter. The Executive Producer or designee shall approve all
performances at the €aeiiityCenter and accompanying staffing, materials and
advertising, as detailed in the production budget, prior to any work
commencing for the production. The Executive Producer shall also have the
authority to lease the €aeilityCenter to other individuals or entities for a single
production or theater season. Exhibition of adult type motion pictures that are
not rated or are rated NC -17 "X ", "XX ", or "XXX" or higher as such ratings are
now or hereafter in effect, or similarly rated under any other rating system is
not allowed.
IV. RESPONSIBLE INDIVIDUAL
The individual directly responsible for CONSULTANT'S overall performance
of the Agreement provisions herein above set forth shall be L. J. Stevens.
The individual directly responsible for the AGENCY shall be the Executive
Director or his /her designee.
V. EFFECTIVE DATE AND IMPLEMENTATION DATE
The effective date of the Agreement shall be May -JUly , 20062007.
Moorpark Redevelopment Agency CONSULTANT
Steven Kueny
Executive Director
Date
ATTEST:
Deborah S. Traffenstedt
Agency Secretary
L. J. Stevens
Date
i��`d41
EXHIBIT A
ADMINISTRATIVE AND MANAGEMENT SERVICES
A. Services
The following ervices ( "SERVICES ") are to be performed by the CONSULTANT for
management of the FaG+4ityCenter:
Assume management responsibility for services and activities of the
FaGifityCenter including promotion and institutional development within Ventura
County and adjacent regions; develop, produce, schedule and oversee all
programming.
2. Manage and participate in the development and implementation of goals,
objectives, policies, and priorities for programs; recommend and administer
Agency approved policies and procedures.
3. Identify opportunities for improving service delivery methods and procedures;
identify resource needs; review with appropriate Agency staff; implementation of
improvements.
4. Plan, direct, coordinate, and review the work plan for the €aG+ktyCenter services
and activities.
5. Submit all invoices to the Agency for approval and payment; Consultant does not
have the authority to spend Agency funds.
6. Responsible for financial and operational auditing all productions and
aG+iityCenter events and providing written reports to the Executive Director or
designee detailing expense and revenue of the F-aG+tityCenter.
7. Represent the PaoilityCenter to commissions, the community, service groups,
and a variety of outside organizations and agencies.
8. Oversee, promote and coordinate specific activities within the FaGilityCenter;
prepare program events and faGiiityCenter marketing material including news
releases, flyers, schedules of events, pamphlets, and brochures.
9. Arrange /develop no less than four plays or musicals to produce or co- produce a
theater season and other productions.
10. Submit production budgets to the Agency for approval thirty (30) days prior to
Agency's execution of any royalty /performance agreement.
11. Supervise independent contractors and volunteers working at the €aGii+tyCenter;
ensure follow through on work assignments.
12. Solicit proposals from independent contractors to provide desired services at the
€aGiiityCenter; provide a recommendation to the Executive Director or designee
for a vendor to provide the desired service; Consultant does not have the
authority to enter into a contract on behalf of the Agency.
--7-- 431,)6.)4),18
13. As requested, assist with selection of individuals for part time employment at the
€aeilityCenter; provide recommendation of the most qualified individual(s) to
Executive Director or designee to be selected for employment; Consultant does
not have the authority to hire staff.
14. Participate in the development and administration of the +Center's annual
budget; participate in the forecast of funds needed forest fling, equipment,
materials, and supplies; implement adjustments.
46-15. Recruit volunteers to assist with €asil+tyCenter functions; all volunteers will be
processed as volunteers to the City of Moorpark and final approval /selection of
all proposed volunteers shall be determined by the Executive Director or
designee.
4-7-.16. Work with various community groups and assist with coordination of
community celebrations and festivals located on High Street.
4-8-.Work with one or more theater companies to develop an additional theater
6easeR(6)co- productions, separate from the season required to be developed
under this Agreement.
4 -8:17. Be responsible for opening the €asilityCenter; providing onsite management
during €aeili Center use; and securing the €aeilityCenter at all times.
2&18. Be responsible for advising the Executive Director or designee of needed
building and technical and repairs /replacement.
24,19. Submit proposed language of the asilityCenter's marquee to the Executive
Director or designee for approval.
22:20. Shall be responsible for answering all phone calls at the FaGili Center /Box
Office and returning phone messages within one business day.
221. Attend regular meetings with the Executive Director or designee.
24.22. Responsible for developing and implementing a program to sell advertising
space in the €aeili Center and program brochures.
21.23. Assemble and maintain such records as are customarily maintained by a
theater /facility management company. Such records shall at all times be the
property of the Agency and shall be open for Agency inspection.
2&24. Shall maintain regular business hours at the FaGilityCenter as mutually
agreed upon.
B. Monthly Status Reports
CONSULTANT shall provide the AGENCY a written Monthly Status Report detailing
all €asilityCenter activities WithiR five business days of the no later than the third
Wednesday of each month.
--8-- 000019
C. Compensation
AGENCY shall pay CONSULTANT $&;9005,175 per month from the date the
AGENCY issues the notice to proceed to June 30, 20072008, for SERVICES unless
this Agreement is sooner terminated as provided for in Section ll. of this Agreement;
compensation paid to the CONSULTANT for SERVICES after June 30, 20072008,
will be negotiated between the AGENCY and CONSULTANT.
D. Performance Measures
AGENCY shall periodically monitor the progress of work performed by the
CONSULTANT based off of a Schedule of Performance as described in Attachment
I. Said monitoring shall be the responsibility of the Executive Director or designee.
E. General Provisions
Nature of Services: It is understood that CONSULTANT'S services are being
provided to AGENCY using the best knowledge, experience and expertise of
the CONSULTANT to efficiently manage the FaeilityCenter. However,
CONSULTANT shall not be responsible for the accuracy, performance, or
actions of the AGENCY, or other consultants, contractors, utilities, other
public agencies or any other person(s).
2. Facilities and Clerical Assistance: AGENCY shall provide a work space and
related office equipment (except for a computer) for CONSULTANT as
deemed appropriate and clerical assistance for access and management of
AGENCY records related to services provided by CONSULTANT.
3. Cell Phone: CONSULTANT at her sole expense shall maintain a cell phone
with voice mail and paging capabilities and with a phone number within the
805 area code.
--9-- ( ) () 0 A, yf--' O
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MOORPARK REDEVELOPMENT AGENCY
AGENDA REPORT
TO: Honorable Board of Directors
FROM: Johnny Ea, Finance Director
DATE: June 7, 2007 (Agency Meeting of June 20, 2007)
SUBJECT: Consider Resolution Adopting Loan Agreement between the City of
Moorpark and the Moorpark Redevelopment Agency
BACKGROUND
Community Development Law allows Redevelopment Agencies to borrow funds from
the City in support of the Agency's mission and goals. Several times since the creation
of the Moorpark Redevelopment Agency, the City has loaned funds to the Agency for
specific purposes. All loans have been repaid, or will be repaid by June 30, 2007.
DISCUSSION
In the coming year, the Agency has budgeted approximately $12.2 million in
expenditures, including $4.4 million for capital improvements. While the Agency's
annual revenues and existing fund balances are sufficient to finance these
expenditures, it is our practice for all expenditures to be paid by the City, then these
"advances" are repaid by the Agency. This is a common practice intended to comply
with state laws that require Redevelopment Agencies to incur debt and to assist with
Agency cash flow.
Staff is recommending a loan from the City to the Agency in the amount of $5,000,000
as an advance for anticipated operating and capital expenditures for the coming year.
The Agency would be charged a rate equal to the rate earned on investments (the
"LAIF" rate) plus 1%; currently this would be approximately 6.3 %. The loan would be
provided by the City General Fund, which currently has sufficient cash available, and
would be due no later than June 30, 2008.
�-
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Honorable Agency Board of Directors
June 20, 2007
Page 2
STAFF RECOMMENDATION (Roll Call Vote)
Adopt Resolution No. 2007- approving a Loan Agreement with the City of
Moorpark.
Attachment: Resolution No. 2007 -
Loan Agreement
{POO1y�
RESOLUTION 2007-
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF
THE CITY OF MOORPARK, CALIFORNIA, ADOPTING A
LOAN AGREEMENT BETWEEN THE CITY OF
MOORPARK AND THE MOORPARK REDEVELOPMENT
AGENCY
WHEREAS, the City of Moorpark has agreed to advance funds to the Moorpark
Redevelopment Agency in accordance with the terms of a Loan Agreement dated July
1, 2007; and
WHEREAS, the Moorpark Redevelopment Agency has agreed to accept the
terms and conditions of the Loan Agreement dated July 1, 2007.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Loan Agreement between the City of Moorpark and the
Moorpark Redevelopment Agency dated July 1, 2007, and attached as Exhibit "A" to
this resolution, is hereby adopted.
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 20th day of June, 2007.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit "A"
EXHIBIT "A"
LOAN AGREEMENT
THIS LOAN AGREEMENT is entered into this 1st day of July, 2007, by and between
the City of Moorpark ( "City ") and the Moorpark Redevelopment Agency ( "Agency ").
RECITALS
WHEREAS, the Agency was created by Ordinance 87, adopted by the City
Council on March 18, 1987, for the purpose of eliminating blighted conditions within
specified project areas; and
WHEREAS, in support of its mission, the Agency is developing and implementing
plans to acquire and construct certain public facilities; and
WHEREAS, the Agency has determined that, in order to undertake this
redevelopment project, temporary financial assistance in the form of a loan is required
from the City of Moorpark; and
WHEREAS, Section 33600 et. seq. of the California Community Redevelopment
Law authorizes the Agency to borrow money or accept financial or other assistance
from the City.
COVENANTS
NOW, THEREFORE, THE CITY AND AGENCY AGREE AS FOLLOWS:
SECTION 1. Amount and Use of Loan. The City, from its General Fund, will
advance to the Agency the amount of $5,000,000 (five million dollars). Agency agrees
to use such loan proceeds only for those purposes set forth in the Health and Safety
Code and approved by the Agency.
SECTION 2. Repayment of Funds. The Agency will repay this loan, both
principal and interest, in full on or before June 30, 2008, unless extended by
amendment to this Agreement.
SECTION 3. Interest Payment. This loan will bear interest at a rate equivalent to
the rate earned by City investments in the Local Agency Investment Fund, plus one
percent.
SECTION 4. Obligation Constitutes Indebtedness. This loan agreement shall
constitute an obligation and debt of the Agency to use all available increment revenue to
repay the City. Such indebtedness shall be subordinate to any and all other Agency
indebtedness incurred by the Agency, including indebtedness incurred through the
issuance of tax allocation notes or bonds or any other bonds of the Agency.
0 "t ern.
Loan Agreement, Page 2
July 1, 2007
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
MOORPARK REDEVELOPMENT AGENCY CITY OF MOORPARK
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt,
Agency Secretary
Steven Kueny, City Manager
Deborah S. Traffenstedt,
City Clerk
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MOORPARK REDEVELOPMENT AGENCY L
AGENDA REPORT `o *
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager �*'
Date: June 15, 2007 (Agency Meeting of 6/20/07)
Subject: Consider Approving Resolution Authorizing the Acquisition of 460
Charles Street and Accepting the Grant Deed for Recordation
BACKGROUND AND DISCUSSION
Staff has determined that the acquisition of this property by the Redevelopment Agency
is consistent with the goals and objectives in the Moorpark Redevelopment Plan. The
purpose of the proposed acquisition is to further affordable housing activities.
The purchase price of the property is $435,000 plus half of the escrow expenses. No
budget appropriation is required for the purchase.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2007 — ;
2. Authorize the Executive Director to execute all documents necessary to this
transaction; and
3. Authorize the Agency Secretary to accept and consent to the recordation of any
deed.
Attachment "A" Resolution No. 2007 -
(I004ps
ATTACHMENT A
RESOLUTION NO. 2007 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 460 CHARLES STREET AND ACCEPTANCE
OF GRANT DEED
WHEREAS, the City Council of the City of Moorpark, adopted the
Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by
Ordinance No. 110, in accordance with the California Community Redevelopment Law
(CCRL; Health and Safety Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment plans may
include authority for the Agency to acquire by gift, purchase, lease or condemnation, all
or part of real property in the Project Area; and
WHEREAS, the Redevelopment Agency of the City of Moorpark desires to
purchase property known as 460 Charles Street in the City of Moorpark, for the purpose
of affordable housing activities.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency Secretary shall accept and consent to the recordation
of the grant deed.
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 day of June, 2007.
Patrick Hunter, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary