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HomeMy WebLinkAboutAG RPTS 2008 0220 RDA REGESTABLISHED NAM ,1.,ar t�rIFOR�6a Qp� r. GF M Resolution No. 2008 -189 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, FEBRUARY 20, 2008 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. ROLL CALL: 3. PUBLIC COMMENT: 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 5. PRESENTATION /ACTION /DISCUSSION: A. Consider Eighteen Month Performance Review of the High Street Arts Center. Staff Recommendation: 1) Direct staff to determine the necessary actions to form a Moorpark Community Foundation of the Arts; 2) Continue necessary financial support for the High Street Arts Center through June 30, 2009, with another review in June 2008 as part of the budget adoption, and again in January 2009. (Staff: David Moe) 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of Minutes of Regular Meeting of January 16, 2008. Staff Recommendation: Approve the minutes. B. Consider Relocation Plan and Replacement Housing Plan for 450 Charles Street. Staff Recommendation: 1) Adopt Relocation Plan for 450 Charles Street; and 2) Adopt Replacement Housing Plan for 450 Charles Street. (Staff: David Moe) Redevelopment Agency Agenda February 20, 2008 Page 2 7. 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) 8. ADJOURNMENT: All writings and documents provided to the majority of the Agency regarding all open- session agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Redevelopment Agency meetings is also available on the City's website at www.ci.moorpark.ca.us. 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 Comment prior to the beginning of the Public Comments portion of the meeting; for a Presentation /Action /Discussion item, prior to the Chair's call for speaker cards for each Presentation /Action/ Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued 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. Any questions concerning any agenda item may be directed to the City Clerk's office at 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 11). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Tracy Moe, 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, February 20, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 15, 2008, 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 February 15, 2008. Tracy Moe, Deputy City Clerk ITEM 5• R - ;.punent Agency r4eeiang G MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board of Directors FROM: Hugh R. Riley, Assistant Executive Direc or Prepared by: David C. Moe II, Redevelopment Manager �rµ� DATE: February 8, 2008 (Agency Meeting of 2/20/08) SUBJECT: Eighteen Month Performance Review of the High Street Arts Center OVERVIEW The Agency has operated the High Street Arts Center ( "HSAC ") at 45 High Street for eighteen months since the opening of its initial production of the musical "Barnum" in July, 2006. The HSAC has produced eight shows and leased the facility for a number of activities produced by other community organizations. To date, revenues are lower and expenditures are higher than originally projected on April 26, 2006. It is estimated that the HSAC will need an additional $30,000 - $40,000 annual subsidy from the Agency to continue operations, because revenues are lower than anticipated. BACKGROUND The history of the building, formerly known as the Theater on High Street, Magnificent Moorpark Melodrama & Vaudeville Company, Galaxy Theater, and the El Rancho ( "Theater"), dates back to 1927. It is recognized as the first theater in Eastern Ventura County. In 2001, Larry Janss acquired the Theater out of foreclosure from American Commercial Bank for $265,000 after the Moorpark Melodrama went bankrupt. Mr. Janss embarked on an extensive renovation of the Theater. The Redevelopment Agency of the City of Moorpark ( "Agency ") assisted Mr. Janss with a $750,000 low interest rehabilitation loan and provided access to temporary off street parking on Agency owned property. The Theater was reopened in April 2003 after an extensive remodeling project was completed at an estimated cost of $1,000,000. Mr. Janss decided to sell the Theater after operating it for only two years. 000001 Honorable Agency Board of Directors February 20, 2008 Page 2 of 10 Rather than sell the theater to buyers expressing interest, including two churches, Mr. Janss approached the Agency with an offer to sell the Theater for $1,500,000.00 in an effort to preserve a venue for live performances on High Street. The Agency Board appointed an Ad Hoc Committee (Mayor Pro Tern Mikos and Councilmember Harper) to review and make recommendations on whether the Agency should acquire the Theater. With the expressed belief that an active, professionally operated performing arts center could, in time, attract and sustain regular local and regional patrons (as well as local and regional performance talent), renew Moorpark residents' interest in visiting High Street after dark and, hopefully, make an important contribution toward achieving the Agency's goal to revitalize High Street, the Ad Hoc Committee recommended that the Agency purchase the theater. Based on this recommendation, on July 20, 2005, the Agency Board approved the purchase of the Theater Building for $1,250,000 and subsequently renamed it the High Street Arts Center ( "HSAC "). In evaluating the Agency Board's decision to acquire the facility and offer it, not as a community theater, but as a professionally managed performing arts center, it is important to understand the significant difference between community theater and a professionally managed arts center. Community theater, as popularly referenced, is a form of theater where all or most of the participants are untrained or "amateur" in the most literal definition of the word. The participants create plays and performances and experience the enjoyment and satisfaction of being part of an active social and artistic community. Often this involves individuals with limited background in theater or the arts. An arts center is typically a venue where a vast array of cultural forms, which include, but are not limited to, music, dance, drama, theater programs, film, creative writing, literature, architecture, painting, sculpture, folk arts, photography, are presented in a professional manner, which is produced /sponsored by the Agency or others. It doesn't preclude rentals of the HSAC to community groups or others consistent with this objective. Staff and the Ad Hoc Committee began to interview several theater management companies to increase the activities conducted at the HSAC to a professional level. Under the initial theater management model, the selected theater management company would lease the HSAC from the Agency for $1 per year and be responsible for operating the HSAC, both administratively and financially. However, none of those interviewed that fit the entrepreneurial model were willing to accept the Agency's terms, stating the model wouldn't work without a significant Agency subsidy. A case in point, the City of Simi Valley continues to provide financial support to the Simi Valley Civic Arts Center after 13 years of operation. This year that support involves between $300,000 and $400,000 including three, full -time positions. 100002 Honorable Agency Board of Directors February 20, 2008 Page 3 of 10 The search for an operating entity for the HSAC shifted from an entrepreneurial theater management company to a general manager model under the supervision of Agency staff. Six candidates were interviewed. After each interview, candidates were asked to develop a draft theater season and budget detailing the expenses and revenue based off the operating expenses submitted by Mr. Janss. Three of the six candidates submitted the requested information. Staff and the Ad Hoc Committee reviewed the information and made a recommendation to the Agency Board to hire L.J. Stevens as an independent contractor to serve as the general manager of the theater. On April 26, 2006 the Agency Board approved the retention of L.J. Stevens as the independent contractor to manage the HSAC and produce a theater season. As described in the April 26, 2006, staff report (Attachment A), the Agency would fund the HSAC's building maintenance, property maintenance, capital improvements and cost of the contract for the independent contractor. It was estimated that the cost directly associated with the theater season would be offset by the revenue generated by the theater's activities. The staff report also noted that the HSAC required financial support from the Agency of an average of $100,000.00 per year, for a period of three years for operations. Actual expenses for the first 18 months of the HSAC are included as Attachment B. The Agency Board agreed to fund the HSAC operation for the three -year period with an 18 -24 month review of the HSAC's performance suggested by the Executive Director. DISCUSSION 2006 -07 HSAC Inaugural Season Revenue /Expenses: The 2006/07 total approved budget amount for the HSAC was $333,880.00. During the first theater season, the HSAC produced four shows, co- sponsored one show with Simi Valley Cultural Arts Center, and attracted 5,279 paid ticket goers to downtown Moorpark. The HSAC generated $86,982 in revenue and expended $331,037 including actual production expenses of $125,897 and operating expenses of $91,036 including the contract General Manager. Of the total revenue, $63,361 was generated by the box office; $14,557 from concessions; and $9,064 from lease agreements with community organizations. ,3nnrzin7 Pauganiio and FxnpnCp Summarv- Hiah Street Arts Center Production, Production Operating Capital Total Expenses Rental & Expenses Expenses Improvement Concession Expenses Revenue $86,982 $125,897 $ 91,036 $114,104 $331,037 1100003 Honorable Agency Board of Directors February 20, 2008 Page 4 of 10 Of the total budget, $105,180 was earmarked for production costs associated with a four show theater season (i.e. advertising, printing, props, costumes, stage management, sound and lighting technicians, and one equity actor contract). The production costs totaled $125,897, which is $20,717 over the budgeted amount. However, $5,741.00 was the cost to co- produce "Always Patsy Cline" with the Simi Valley Cultural Arts Center, which added a fifth show to the theater season and generated $6,412 in revenue. The balance of the overage is directly or indirectly involved with producing the theater season, including, but not limited to, stage management, printing, play rights, Bank credit card fees, internet for credit card machine and County Health Permit Fee. Capital expenses for the HSAC account for one third of the total budget. $114,104 was spent on capital improvements to update and replace outdated theater equipment, which included an additional $60,000 budget amendment. The replacement of the sound system, light board, and a new digital projector are some of the examples of the capital improvements made at the HSAC. The revenues received fell short of the amount illustrated in the April 2006 estimated three year budget proposal. Total revenues, which include box office, concession and rental revenue, were estimated to be $136,590 for Year One. Actual revenues received were $86,982, which was $49,608 less than the projection. Staff based the projected box office revenue numbers on an average of 110 tickets sold per show. The HSAC was averaging 99 tickets sold per performance prior to the fifth and last show of the season. The last show only averaged 47 sold tickets per performance, which brought the overall average down to 85 sold tickets performance. Concession revenue suffered from the lower than projected tickets sales and the lack of beer and wine sales. Staff discovered in Year One that State Law prohibits the Agency from holding a liquor license. Therefore, a private entity will need to be identified to secure the license and conduct beer and wine sales, which the Agency would share in the revenue. Beer and wine sales are planned to be implemented in Year Three. 2006/07 Year End Report: In preparing the 2006/07 Year End Report for the HSAC, Staff inadvertently compared the revenues and expenses to the 2006/07 amended Agency budget. In hindsight, the report should have compared the revenues and expenses to the estimated three year budget, which was presented to the Agency on April 26, 2006. The difference between the two comparisons significantly changes the projected revenue amount. The estimated three year budget anticipated revenues to be $136,590 in Year One. The adopted 2006/07 budget was amended through the mid year budget amendment to reflex lower revenue for HSAC; however, the rental revenue line item was not changed to the correct lower amount of $7,453. Staff corrected this oversight #00004 Honorable Agency Board of Directors February 20, 2008 Page 5 of 10 with the year end estimates and inserted the correct amount in the 2007/08 budget. The Year End Report compared the actual revenue for the HSAC to the revised revenue amount, which was $91,000 instead of $136,590. Revenue 2006/07 2006/07 2006/07 2006/07 2007/08 source Adopted Mid Year Estimated Actual Adopted Budget Amendment Actual Totals Budget $0 1 $152,578 Budget Totals Box Office $0 $70,000 $70,000 $63,361 $70,000 Concessions $0 $14,000 $14,000 $14,557 $14,000 Rental $160,590 $160,590 J $7,453 1 $9,064 1 $7,000 2007/08 HSAC Season Revenue /Expenses: As of January 31, 2008, of the 2007/08 theater season, the HSAC has produced three of the five planned shows including the higher cost musical production, "Bye Bye Birdie" and opened the fourth show ( "On Golden Pond ") on February 1, 2008. The HSAC is also producing a monthly sketch comedy (melodrama) radio show, including original music and old favorites, "the High Street Broadcast." In an effort to introduce the community to the HSAC, there has been no charge for admission to these "Broadcast" shows. Attendance for the radio show has steadily increased with 160 people attending the December 16, 2007 performance, which was also rebroadcast on Local National Public Radio KCLU (88.3 FM in Thousand Oaks) on Christmas Eve. The cost to produce the radio show is $400 per month ($4,800 annual). The total budget for the 2007/08 theater season is $295,550.00. Of the total budget, $129,550 will be used to produce the theater season; $62,000 has been set aside for capital improvements; and $104,000 is designated for the HSAC's operational budget. 2007/08 Revenue and Expense Summary: High Street Arts Center Ithrouah 1131120071 Production, Rental Production Operating Capital Total & Concession Expenses Expenses Improvement Expenses Revenue Expenses $56,929 $95,072 $ 57,506 $0 1 $152,578 As of January 31, 2008, the HSAC has generated $56,929 in revenue and spent $152,578. Of the total revenue, $48,053 was generated by the box office; $6,721 from concessions; and $2,155.00 from rentals. 900005 Honorable Agency Board of Directors February 20, 2008 Page 6 of 10 Staff originally based the projected box office revenue numbers on an average of 125 tickets sold per show for Year Two. For the first three shows in the Year Two, the HSAC is averaging 75 tickets sold per performance. Bye, Bye Birdie averaged 101 (18 performances) and Marley Ghost averaged 71 (15 performances) tickets sold per performance; however, Victor only averaged 48 (14 performances) tickets sold per performance, which lowered the average. Eighteen -month HSAC Revenue /Expenses: The revenue and expenses for the first eighteen months of the HSAC are $143,911 and $483,615, respectively. Of the total expenses, $220,969 went towards producing the theater season. The Agency funded the operation of the HSAC in the amount of $148,542 and expended $114,104 for capital improvements. Revenue and Expense Summary: High Street Arts Center Finhtppn Mnnth Review Period (July 1. 2006 — Jan. 31. 2007) Production, Production Operating Capital Total Rental & Expenses Expenses Improvement Expenses Concession Expenses Revenue $143,911 $220,969 $148,542 $114,104 $483,615 HSAC Programming and Management: 34 events have been held at the HSAC since it was acquired by the Agency, which are summarized in Attachment C. These include both in -house productions (14) and community rentals (20). Revenue generated by in- house productions total $132,692 and $36,754 for rentals (from 8/2005- 1/2008). Of the 20 rental events held at the HSAC, 15 occurred before fiscal year 2006/07, 4 were held during fiscal year 2006/07 and one has been conducted thus far in fiscal year 2007/08. The HSAC Rental Fee Schedule is included as Attachment F. The number of rental events decreased in 2006/07 and 2007/08. In 2006/07, four shows and one co- sponsored event was held at the HSAC. Each of the four shows blocked out, on average, eight weeks (two weeks for stage construction and tech rehearsal; five weeks of performances; and one week to deconstruct the set and repair the stage) of the HSAC's stage availability. In 2007/08, five shows are planned for the theater season, which blocks out approximately 40 weeks of stage availability. Collectively, Agency staff spends about 600 man hours annually on theater related matters including administration of the management agreement and overall theater operations. Members of the community who wish to participate in playing roles on the HSAC stage may audition. Many local artists and youth have done this already and are always invited to do so. Additionally, local performing arts groups such as some of the former Moorpark Melodrama writers have proposed productions for the HSAC that have been approved by the General Manager and are enjoying success at the HSAC (e.g. the High tOOOOG Honorable Agency Board of Directors February 20, 2008 Page 7 of 10 Street Broadcast, already explained). Local groups are encouraged to discuss potential productions for the available open dates in between regular HSAC productions. Specific stage dates cannot be confirmed with any groups until they meet established criteria for any potential group and have their production approved by the Agency. It is also important to note that, unlike the Simi Valley Cultural Arts Center (a basement room rented for such uses as a community meeting room, service group meetings and birthday parties) or the Thousand Oaks Civic Arts Plaza complex, the HSAC does not have multiple theatres or rooms to rent to outside groups when in -house productions are running. As a result, there are a limited number of open dates to fill at the HSAC with most available dates on weekdays or weeknights and fewer available weekend dates. On the last weekend run of Play #3, Marley's Ghost, with a total attendance of 480 for three performances, the audiences were asked to fill out an exit survey. The survey revealed: - 62% of the attendees are from Moorpark, Simi Valley and Thousand Oaks, of which half were from Moorpark - heard about the show from word of mouth and the Acorn - 58% have visited the HSAC previously A report of the General Manager's activities has been provided to Agency Staff on a monthly basis. Copies of these reports are provided as Attachment D. Future HSAC Revenue /Expenses. After operating the HSAC for eighteen months, staff has realized that the initial operating subsidy amount of $100,000 per year was low, because the HSAC did not receive the anticipated $136,590 in revenue illustrated in the estimated three year budget. It is estimated that the HSAC will continue to generate $85,000 - $100,000 annually in revenue. Therefore, in order to continue with the HSAC as it is currently being managed, the Agency will need to increase the annual production subsidy amount from $100,000 to approximately $130,000.00 to $140,000.00, or increase revenue through various means, or reduce expenses, or some combination. Illustrated below is a cost reduction /revenue enhancement plan designed to reduce the annual subsidy from the Agency. The plan is broken down into two sections. The first section includes actions that would be implemented immediately and generate approximately $7,000. The second section identifies actions that would be implemented in Year Three and reduce the Agency's financial support by an estimated $39,300. ?10000'7 Honorable Agency Board of Directors February 20, 2008 Page 8 of 10 ACTIONS TO BE IMPLEMENTED IMMEDIATELY: Increase concession prices by 30 %. It is estimated that this would generate $500 - $1,000 for Year Two. 2. Secure two multiple day rentals contracts totaling about $2,500 each; Rental opportunities exist between the fourth and fifth show of the theater season. One rental agreement for this period was cancelled, but there is still available time for other rentals. 3. Actively seek a company or organization to purchase a block of tickets to distribute to employee or school aged kids. This would generate $1,000. ACTIONS TO BE IMPLEMENTED IN YEAR THREE: 1. Reduce Production Cost ($15,000). a. Replace musical with a lower cost, higher draw show. b. Reduce participation by equity actors c. Select shows with less elaborate sets (as set pieces, screening flats and furniture inventory increase, cost for set design will decrease). d. Reduce theater season from five to four shows. This will allow more rental opportunities between the theater shows. 2. Actively outreach to organizations interested in renting the HSAC. ($5,000 in additional rental income). HSAC would increase the amount of rentals conducted at the HSAC by proactively outreaching to all organizations interested in producing or displaying their discipline in a professional manner. The rentals could be offered on days when the HSAC is not active or certain period of time when a rental could occur and not conflict with the theater season. An example of this would be a poetry reading, dancing, band concerts, comedy show, magic show, award ceremony (arts related), etc. 3. Lease beer and wine concessions to an approved operator ($3,000). 4. Maintain the 30% increase for concession pricing previously mentioned above ($5,000). 5. Increase revenue from advertisements ($3,000). Increase the number of ads in the program. Seek out companies or other private organizations interested in sponsoring a show (within the parameters 9 00008 Honorable Agency Board of Directors February 20, 2008 Page 9 of 10 of the rights to produce the show). Develop advertisement space in the HSAC lobby. 6. VIP Seating ($1,300). Begin to sell VIP tickets, which would include center row seating in the fourth or fifth row; reserved parking and r�.Tit����•1�� 7. Partner with local restaurants ($2,000). Develop a "Dinner and a Play Program ". The HSAC could offer half priced tickets to Moorpark restaurants interested in offering their clients reduced tickets for eating at their establishment (keeping money in Moorpark). 8. Create an arts foundation ($5,000). The cost to create the Foundation is approximately $5,000. The Foundation would be able to raise funds from private personal and corporate contributions and obtain grants from private and public sources to support the advancement of all arts in Moorpark and, in particular, supplement the ongoing operating expenses of the HSAC. It is anticipated that the Foundation could donate $5,000 - $10,000 per year in revenue for the HSAC; possibly more in future years as the Foundation matures. The High Street Theater Foundation ( "HSTF ") is a non - profit membership organization in Moorpark that puts on plays and sponsors a fee -based youth acting program to raise money for arts programming that it sponsors or produces. Unlike Simi Valley's "Simi Valley Cultural Arts Foundation" or Thousand Oaks' "Alliance for the Arts," this group has functioned more like a non - profit theater company to pay for its own productions than as a traditional foundation to provide support funding for a larger community -wide arts presence. There is a place in every community for both types of non - profit arts organizations. The HSTF has submitted two proposals to the Agency with pledges to donate a part of their earnings in exchange for free rent of the HSAC. Staff rejected the initial proposal, since the HSAC could realize more revenue by leasing the facility between its regular productions. The second proposal was considered unrealistic in light of the HSTF's earnings as compared to its production and program expenses (provided by the HSTF to the Agency) and because it offered only a 25% to approximately 50% portion those earnings to the HSAC (depending on specific circumstances the HSTF specified). Staff's recommendation is that an arts foundation should support the operation of the HSAC and its existence to advance the arts in Moorpark with virtually all of its earnings (less any mutually agreed 900009 Honorable Agency Board of Directors February 20, 2008 Page 10 of 10 upon amount for expenses, grant development consulting, etc.). This recommendation and the proposals from HSTF are discussed in the attached detailed report which discusses and supports the need to establish a true Community Foundation for the Arts. ( "Attachment E "). Fiscal Impact Continuing the operation of the HSAC (without any contributions from an arts foundation or implementing the cost reduction /revenue enhancement plan) will cost about $130,000.00 per year for combined production and operating net expenses, plus any approved capital expenditures. The Agency's financial support may be reduced to $100,000 - $107,000, if the suggested cost reduction /revenue enhancement plan is successfully implemented. This would require an estimated $100,000 above the $300,000 previously authorized for the initial three year period. Staff Recommendation Direct staff to determine the necessary actions to form a Moorpark Community Foundation for The Arts. 2. Continue necessary financial support for the HSAC through June 30, 2009, with another review in June 2008 as part of budget adoption, and again in January 2009. Attachments: A. Staff Report to Hire Theater Manager B. Actual Expenses and Revenue C. Events Held at HSAC D. General Manager Activity Reports E. Report Regarding Establishing a Community Foundation for the Arts F. HSAC Rental Fee Schedule "00010 Attachment A MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: David C. Moe II, Redevelopment Manager Date: April 7, 2006 (Special Agency Meeting of 4/26/06) Subject: Consider Contract for Theater Management Services and Resolution Amending the Fiscal Year 2005/2006 Budget BACKGROUND The Moorpark Redevelopment Agency acquired the Theater on High Street from Larry Janss on August 1, 2005, in an effort to preserve a venue for live performances in the downtown. Agency staff researched several local theaters to determine the feasibility of renting the theater to a theater management company. Staff concluded that a theater management company would be able to rent the theater from the Agency, operate the theater, and still be financially stable. Request for proposals ( "RFP ") were sent out to several theater management companies inviting them to submit a proposal to manage the theater. Several proposals were received; however, none adequately addressed the RFP for the operation of the theater. The Agency continued to receive additional proposals from individuals and companies interested in managing the theater. The Theater Ad Hoc Committee (Mayor Pro Tem Mikos and Council Member Harper) ( "Committee ") reviewed all of the proposals. Still none of the proposals adequately addressed the RFP for operating the theater. The Committee determined that there is a great deal of risk to start a new theater company. This determination was supported by the number of proposals received in response to the RFP requesting an operating subsidy from the Agency. The Committee decided to change the focus from finding a theater manager company to operate the theater to hiring a Consultant to manage the theater. The Committee selected six candidates who had submitted proposals. Interviews were conducted on January 27, 2006. Each of the six candidates was asked to develop a proposed theater season and budget detailing the expenses and revenue. Three of the six candidates submitted the requested information. On February 15, 2006, the 0 0 011 Honorable Agency Board of Directors April 19, 2006 Page 2 Committee reviewed the information the three candidates submitted and recommended one be retained as an independent contractor to manage the theater. DISCUSSION Staff has prepared a draft contract for theater management services ( "Attachment 1). The individual entering into this contract ( "Consultant ") with the Agency would be an independent contractor. The Consultant would be responsible for the daily operations, planning and management of the theater. The Agency would fund the theater's building maintenance, property maintenance, capital improvements and cost of the contract for the Consultant. It is estimated that the cost directly associated with the theater season would be offset by the revenue generated by the theater's activities. Fiscal control of the theater would be managed by the Agency. The Consultant would prepare a draft budget for the operation of the theater. The Agency would review the theater's proposed budget and approve it or make changes based upon available resources and Agency goals and objectives. Agency staff would monitor the theater budget throughout the fiscal year. All expenditures will be approved by the Agency and paid directly to the vender or service provider. The Consultant would be responsible for establishing a "theater season ". It is estimated that 4 -5 different shows would be conducted at the theater during the fiscal year. The shows would be produced by the Consultant or co- produced with a theater company. The revenue produced from the concession stand and ticket sales would be used to offset the production cost of the theater season. Unfortunately, at least initially, the theater will not be able to support itself financially. Attachment 11" is a proposed three year operating budget for the theater. The three year budget has an operating deficit of approximately $100,000 per year. The deficit would need to be financed by the Agency. In addition, the current budget will need to be amended to provide sufficient funds for the theater manager contract as detailed in Attachment III. Entering into a contract for theater management will provide the theater with professional services needed for it to be successful. The theater could then play a vital role in revitalizing the Moorpark Redevelopment Project Area by bringing people downtown to dine, socialize, and be entertained. Currently, the theater does not have sufficient staffing for it to be successful. Agency staff is reacting to the day to day needs of the theater in addition to their normal redevelopment duties. As a result, the theater is not promoted and outreach to theatrical companies is not being made. The primary user of the theater has been the 100012 Honorable Agency Board of Directors April 19, 2006 Page 3 High Street Theater Foundation ( "Foundation "). The Foundation is bringing live entertainment to Moorpark, but only renting the theater for one or two weekends a month. By providing proper management, events and plays could be taking place more frequently downtown and a theater season could be developed. A late proposal to lease the theater has been submitted by the Granada Theater Company. The theater company is proposing to lease the theater to develop a theater season consisting of 4 -5 productions. This proposal presents an opportunity to have two theater seasons operating out of the theater, which would be coordinated by the Consultant. STAFF RECOMMENDATION (ROLL CALL VOTE) Approve contract for theater management services subject to final language approval by Executive Director and Agency Counsel and approve Resolution No. 2006, amending the fiscal year 2005/2006 budget ( "Attachment III "). Attachment I Theater Management Contract Attachment II Estimated Three Year Theater Budget Attachment III Resolution Amending Fiscal Year 2005/2006 Budget 8100013 Atta,,hment I AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this cl-Eh day of Irl a y 2006 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 and WHEREAS, AGENCY desires to contract for such services with a private consultant; 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 Theater on High Street located at 45 High Street hereafter referred to as "Facility ". 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. III. 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 -- '100014 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 -- 100001S 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. 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 % Toluca Lake Avenue Burbank, CA 91505 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. 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 --3-- 900016 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 Facility from the Agency or is involved in any manner with a performance or production at the Facility 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 Facility. For purposes of this Agreement, a gift is defined as provided for in Government Code Section -- 4 -- f 0 0 01'7 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 Facility. The Executive Producer or designee shall approve all performances at the Facility 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 Facility 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 10 , 2006. --5-- 00018 Moorpark Redevelopment Age cy By ZZ&�� k��Y teven Kueny Executive Director Date C 66 CONSUL T L. J. evens Date :s-/f ATTEST: J. `pPM ENTgG Deborah S. Traffenste off• Fy Agency Secretary a �< * EST*' HED MARCH-, tt, 1987 Q �4 /FOPS Q �C/ OF ADO -- 6 -- 1 1 00019 EXHIBIT A ADMINISTRATIVE AND MANAGEMENT SERVICES A. Services The following services ( "SERVICES ") are to be performed by the CONSULTANT for management of the Facility: 1. Assume management responsibility for services and activities of the Facility 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 Facility 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 Facility events and providing written reports to the Executive Director or designee detailing expense and revenue of the Facility. 7. Represent the Facility to commissions, the community, service groups, and a variety of outside organizations and agencies. 8. Oversee, promote and coordinate specific activities within the Facility; prepare program events and facility 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 Facility; ensure follow through on work assignments. 12. Solicit proposals from independent contractors to provide desired services at the Facility; 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. 13. As requested, assist with selection of individuals for part time employment at the --7-- 000020 Facility; 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 Facility's annual budget; participate in the forecast of funds needed for staffing, equipment, materials, and supplies; implement adjustments. 15. Assist Agency in evaluating a possible name change for the Facility. 16. Recruit volunteers to assist with Facility 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. 17. Work with various community groups and assist with coordination of community celebrations and festivals located on High Street. 18. Work with one or more theater companies to develop an additional theater season(s), separate from the season required to be developed under this Agreement. 19. Be responsible for opening the Facility; providing onsite management during Facility use; and securing the Facility at all times. 20. Be responsible for advising the Executive Director or designee of needed building and technical and repairs /replacement. 21. Submit proposed language of the Facility marquee to the Executive Director or designee for approval. 22. Shall be responsible for answering all phone calls at the Facility and returning phone messages within one business day. 23. Attend regular meetings with the Executive Director or designee. 24. Responsible for developing and implementing a program to sell advertising space in the Facility and program brochures. 25. 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. 26. Shall maintain regular business hours at the Facility as mutually agreed upon. B. Monthly Status Reports CONSULTANT shall provide the AGENCY a written Monthly Status Report detailing all Facility activities within five business days of the end of each month. C. Compensation AGENCY shall pay CONSULTANT $5,000 per month from the date the AGENCY - -$ -- '000021 issues the notice to proceed to June 30, 2007, for SERVICES unless this Agreement is sooner terminated as provided for in Section II. of this Agreement; compensation paid to the CONSULTANT for SERVICES after June 30, 2007, 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 1. 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 Facility. 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. M%10 `100022 ATTACHMENT SCHEDULE OF PERFORMANCE FISCAL YEAR 2006/2007 Anticipated Start Date 1- May -06 ITEM TARGET ACTUAL Assess Theater and provide list of needed updates and improvements 15-May-06 Office Set Up 30- Jun -06 Develop Theater Season 30- Jun-06 Produce Show #1 1 -Se -06 Produce Show #2 2- Dec -06 Produce Show #3 1- Mar -07 Produce Show #4 1- Jun -07 Develop Adult Workshop 1- Mar -07 Develop youth Workshop , 1- Mar -07 Market Theater 30- Jul -06 Not eligible for grants until we Research Grants form a 501C -3 Miscellaneous Revenue Generated by Renting Theater on "Dark Dates" $15,000 Number of Theater Tickets Sold 6,710 Average Number of Theater Tickets Sold per Show /Number of Theater Seats 0.391 1 Gross Revenue from Concession Stand $31,500 X00023 COVERAGES AND PREMIUMS COVERAGES SAFEWAY INSURANCE COMPANY RENEWAL POLICY VEHICLE 01 VEHICLE #2 DECLARATIONS VEHICLE 44 A BODILY INJURY LIABILITY' PERSONAL AUTOMOBILE POLICY 300,000 PER ACCIDENT THIS DECLARATIONS PAGE IS PART OF YOUR POLICY. PLEASE READ CAREFULLY. NAMED INSURED 124 POLICY NUMBER # B00197 PRODUCER JAMES STEVENS B PROPERTY DAMAGE LIABILITY ACP06000214 DI -TECH INSURANCE SERVICES PO BOX 2441 TOLUCA LAKE, CA 91610 $ 59 2123 N GLENOAKS BLVD BURBANK, CA 91504 EFFECTIVE DATE AND TIME 0311 EXPIRATION DATE AND TIME 0911 06 (818)845-4828 $ (818)848-1133 12:01 AM PST 12:01 AM PST COVERAGES AND PREMIUMS COVERAGES LIMITS OF LIABILITY VEHICLE 01 VEHICLE #2 VEHICLE 03 VEHICLE 44 A BODILY INJURY LIABILITY' 100,000 PER PERSON 300,000 PER ACCIDENT $ 79 $ 124 $ Miles I E :p $ B PROPERTY DAMAGE LIABILITY BI 1 PTS I PD I PTS 100,000 PER ACCIDENT $ 59 $ 94 $ 8 91505 $ C MEDICAL PAYMENTS PER PERSON 2. 04 CHRYSLER PT CRUISER $ $ 3 91505 $ P 0 0 0 0 0 $ G UM BODILY INJURY PER PERSON PER ACCIDENT $ $ $ $ 1 UM PROPERTY DAMAGE PER ACCIDENT $ $ Is $ D COMPREHENSIVE DEDUCTIBLE 1 500 2 500 3 4 $ 16 $ 94 $ $ E COLLISION DEDUCTIBLE 1 500 2 500 3 4 $ 73 $ 221 $ $ H COLLISION DEDUCT WAIVER 1 2 3 4 $ $ $ $ 1 2 3 4 F R_.."Al PE!MSURSEMENT 1 deyernyax. 2 daymax. 3 4 $ 32 $ 32 1 21 131 4 SPECIAL EQUIPMENT ENDORSEMENTS WHICH APPLY FRAUD FEE S 1.80 POLICY FEE S 20 FILING FEE S VEHICLE SUB TOTALS AC4 (&M3f FORM49A AC10 (12/2000) AC5 (12)1000) :REDUCED COVERAGE AND LOWER LIABILITY LIMITS APPLY TO CERTIAN DRIVERS. PLEASE REVIEW 'PERSONS INSURED' ON P.I OF THE POLICY $ 259 $ 565 Is $ POLICY PREMIUM $ 845.80 DEPOSIT $ BALANCE DUE S Vg:411CI r: nF:QnRIPTIAN ��.....�� ����.... ..�._ Convictions I I Amdents t I YEAR I MAKE AND MODEL VEHICLE IDENTIFICATION NO. I Sym I Age I Zip I Miles I E :p I Use I MAJ PT MINI PTS1 BI 1 PTS I PD I PTS I Discounts 1. 99 SATURN SL 1 G8ZF528XXZ159579 06 8 91505 3000 25 P 0 0 0 0 0 0 0 0 MC RN GD 2. 04 CHRYSLER PT CRUISER 3C4FY48B94T226191 12 3 91505 13000 27 P 0 0 0 0 0 0 0 0 MC RN GD LIENHOLDER(S) or ADDITIONAL INSURED(S) 1. LP CHASE AUTOMOTIVE P.O. BOX 15700, WILMINGTON, DE 19886 ADDITIONAL COVERED DRIVER(S) LAURA -JEAN STEVENS EXCLUDED DRIVER(S) NONE ' 0 00024 AC3 (0312004) INSURED'S COPY - THEATER ON HIGH STREET EXPENSES w N T �V THEATER ON HIGH STREET REVENUE O G N Average tickets sold per show increases to 125 in Source Year 1 Year 2 Year 3 year two and 142 in year three Average 110 tickets sold at 14 for 18 shows -39% Baby Production 27,720 31,500 35,784 Occupancy Average 110 tickets sold at $14 for 18 shows -39% Don't Dress Production 27,720 31,500 35,784 Occupancy Average 110 tickets sold at $14 for 18 shows-39 Production 27,720 31,500 35,784 Occupancy Xmas Melodrama (Co- Average 110 tickets sold at $14 for 9 shows; 50/50 produced) 6,930 7,875 8,946 profit-39% Occupancy Miscellaneous Rental 15,000 15,000 15,000 Youth and Adult Workshops/Misc. Rentals Concessions Revenue 31,500 33,075 34,729 Profit at 3 times the cost $500 Gross per show Total 136,590 150,450 166,027 O G N Items transferred to Aaencv Budaet Item Year 1 Year 2 Year 3 Managing Director 60,000 63,000 66,150 Janitorial Services /Supplies 6,000 6,000 6,000 Electric 12,000 13,000 14,000 Water 2,700 3,000 3,100 Fire/Burglar Alarm 2,100 2,100 2,100 Building Maintenance 5,000 5,000 5,000 Equipment Maintenance 12,000 12,000 12,000 Capital Improvements 15,000 15,000 15,000 Property Maintenance 3,600 3,600 3,600 AGENCYTOTALl TOTAL THEATER BUDGETI 118,400 122,700 126,950 223,580 231,524 239,600 O 4 N Ar,tachment III RESOLUTION NO. 2006 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING AN OPERATING BUDGET FOR THE THEATER ON HIGH STREET AND APPROVING A CONTRACT FOR MANAGEMENT SERVICES WHEREAS, on August 1, 2005, the Moorpark Redevelopment Agency acquired the Theater on High Street from Larry Janss; and WHEREAS, request for proposals were sent out to several theater management companies inviting them to submit a proposal to manage the theater for the Agency; and WHEREAS, several proposals were received from various organizations, but none adequately addressed the Agency's objectives for operating the theater; and WHEREAS, several months have passed since the Agency acquired the theater and Agency staff has spent, a considerable amount of time overseeing the daily operations of the theater; and WHEREAS, additional ' proposals were received from individuals and organizations for management of the theater; and WHEREAS, the Theater Ad Hoc Committee interviewed six candidates and requested an operating budget and contract for theater management services be developed; and WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Moorpark now wish to approve the contract for theater management services and establish an operating budget for fiscal year 2006/07. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A contract for theater management services and an operating budget for the Theater on High Street are hereby approved subject to final language approval by the City Manager. 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. ,000028 PASSED AND ADOPTED this 15th day of March, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary 000029 Attachment B if Year 1 Year 2 Item Year 1 Actual Year 2 (1/08) General Office Supplies and Equipment 700 905 700 870 Due & Subscriptions 500 314 500 271 Technical, Concession Supplies & Equipment Rental 13,000 15,731 13,000 8,361 Telephone 3,600 3,356 3,600 1,605 General Advertising 10,000 5,377 10,000 5,645 Postage 3,000 2,411 3,000 1,487 Printing 7,000 12,415 7,000 7,804 Production Cost 62,380 77,469 65,499 57,069 Actor Stipend 5,000 4,828 5,000 9,889 Internet, Health Permit, Cast Photos & Bank Fees - 3,091 - 2,071 Subtotal 105,180 125,897 108,299 95,072 Source Subtotal 118,400 205,140 117,000 57,506 Total Expenses 223,580 331,037 225,299 152,578 Year 2 Year 1 (7/07 - Year 1 Actual Year 2 1/08) Theater Season 90,090 63,361 102,375 48,053 Miscellaneous Rental 15,000 9,064 15,000 2,155 Managing Director 60,000 60,000 63,000 36,225 Property /Building Maintenance, Alarms & Janitorial 16,700 14,465 11,000 9,490 Electric 12,000 14,292 13,000 9,621 Water 2,700 1,176 3,000 402 Equipment Maintenance 12,000 1,103 12,000 1,768 Capital Improvements 15,000 114,104 15,000 - Source Subtotal 118,400 205,140 117,000 57,506 Total Expenses 223,580 331,037 225,299 152,578 Year 2 Year 1 (7/07 - Year 1 Actual Year 2 1/08) Theater Season 90,090 63,361 102,375 48,053 Miscellaneous Rental 15,000 9,064 15,000 2,155 Concessions Revenue 31,500 14,557 33,075 6,721 Total 136,590 86,982 150,450 56,929 Expenses minus Revenue 86,990 244,055 74,849 95,649 Expenses minus Revenue and Capital Improvements 71,990 129,951 59,849 95,649 S 100030 High Street Arts Center August, 2005 through December, 2007 V# Producer 1 High Street Theater Foundation 2 High Street Theater Foundation 3 Rotary Club of Newbury Park 4 High Street Theater Foundation 5 High Street Theater Foundation 6 High Street Theater Foundation 7 High Street Theater Foundation 8 Grace Brethren High School 9 High Street Theater Foundation 10 Rosemary Moffat - Dream On Theater Works 11 High Street Theater Foundation 12 Warburton Saderup Productions 13 Rosemary Moffat 14 Nighthawk Entertainment 15 Jerry McWorter / Dynamo Jump Band 16 -Gypsy Productions / Ma me Paul-Thompson 17 High Street Arts Center 18 V.C. Sullivan & Gilbert Repertoire Company 19 High Street Arts Center 20 High Street Arts Center 21 High Street Arts Center & Simi Valley Cultural Arts Center 22 High Street Arts Center 23 High Street Arts Center 24 High Street Theater Foundation 25 High Street Arts Center 26 High Street Arts Center 27 Gypsy Productions / Ma me Paul-Thompson 28 High Street Arts Center 29 High Street Arts Center 30 High Street Arts Center 31 Hi h Street Arts Center 32 High Street Arts Center 33 High Street Arts Center 34 High Street Arts Center c c a w Production Pirates of Pe Romanian Artist Trou The Best of the Ojai Film Love Letters Mission LJK Bullshot Crummond (VOL ig Youth din Moffat/Parrovechio- Rleimbold Weddi Two Hitmen Tear it Up Singin' in the Rain (youth) Sullivan and Gilbert A Christmas Carol The Complete Works of William Shake Always, Patsy Cline Moorpark Arts Festival High Street Broadcast Grease, Jr. Last of the Red Hot Lovers High Street Broadcast High School Musical High Street Broadcast Bye Bye Birdie High Street Broadcast Victor High Street Broadcast Marley's Ghost Dates (a's 1.16 Include Audition & Rehearsal Time) 8/9/05 - 8/20/05 9/28/05 - 10/2/05 10/5/2005 10/21/2005 11/10/05 - 11/13/05 11/18/05 - 11/20/05 11/28/05 - 12/18/05 1/16/06 - 1/21/06 1/24/06 - 2/19/06 3/06 (checking on dates 4/13/06 - 5/13/06 5/15/06 - 5/21/06 6/2/06 - 6/3/06 6/20/06 - 6/21/06 6/24/2006 7/25/06 - 7/27/06 9/22/06 - 10/29/06 11/10/06 - 11/26/06 12/8/06 - 12/23/06 2/23/07 - 3/25/07 4/13/07 - 4/29/07 5/5/2007 5/6/2007 5/11/07 - 5/12/07 5/18/07 - 6/17/07 6/24/2007 7/17/07 - 7/19/07 7/29/2007 8/26/2007 8/10/07 - 9/16/07 9/30/2007 10/5/07 - 11/3/07 10/28/2007 111/23/07 - 12/23/07 i ct �-F n T C� M HIGH STREET ARTS CENTER 2006-2007 Kerita I/Kchca roa I/Ferforma rice Schedule — 2006/2007 PRODUCTION/EVENT NAME START END DATE DATE Barnum Auditions/Rehearsals/Production/Strike Sullivan & Gilbert V.C. Sullivan & Gilbert Repertoire Co. - Rental A Christmas Carol Auditions /Rehearsals /Production /Strike The Complete Works of Wm. Shakespeare Abridged Auditions/Rehearsals/Production/Strike Noontime Rotary of Camarillo Rental Always, Patsy Cline Auditions /Rehearsals /Production /Strike Last of the .Red .,17 Audit!6nsMehearsals/pioduh46i/ 6 Moorpark Arts Festival High Street Broadcast Grease, Jr. High Street Theater Foundation/Rental High Street Broadcast U N 7/25/06 7/27/06 9/22/06 10/29/06 11/10/06 11/26/06 12/8/06 12/23/06 2/23/07 3/25/07 3/31/07 3/31/07 4/13/07 4/29/07 5/18/07 6/17/07 5/6/07 5/6/07 5/6/07 5/6/07 5/11/07 5/12/07 6/24/07 6/24/07 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 2021 22 23 2�28 29 [30 31 1 5 M T W TH F 5 1­2345057 & 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 y) 31 5 IM T 1 2 3 4 5 ro 7 b 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 14"i 20 21 22 w 27 28 2930 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14,15 105 17,18 19 20' 21 22 23 24 25 26 27 28 29 30 31 '5, 1 2'3 4 5 6 7 & 9 10 11 12 13 14 15 16 17 181 19 20 21 222324251 26 27 28 29 30 1 2 3 4 5 6 7 5 910 11 12 13 14 15 16 17 18 19 20 21 222,324 25262726 'A' T! 'i F 5 1 2 3 4 5 6 7 5 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 26 29 301 1 2 3 4 5 0 7 & 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2 4 5 6 7 8 9 11 12 13 14 16 16 24 25 26 27 28 29 H I G H 5 T R E E T A R T 5 CENTER 2007 -2008 Rental /Rehearsal /('erformance Schedule — 2007/2008 1.1777777 PRODUCTION /EVENT NAME START DATE High School.Musical 07/17/07 Bye, Bye Birdie 7/16/07 Auditions /Rehearsals /Production Victor 10/5/07 Auditions /Rehearsals /Production Marley's Ghost 11/23/07 Auditions/Rehearsals/Production On Golden Pond 2/1/08 Auditions /Rehearsals /Production The Curious Savage 5/16/08 Auditions /Rehearsals /Production Pacific Sound Chorus 12/16/07 Potential Rental . ; CANCEL Er Lynette Louise 1/10/08 Potential Rental _ CANCELLED END DATE 07/19/07 9/16/07 11/3/07 12/23/07 3/2/08 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 20 21 22 23 24 25 26 27 28 03031 5 M T VV TH F 5 1 2 3 4 5 6 7 8 9 10 11 12 113�3 14 15 16 17 16 19120 21 22 23 24 25 26 2 6/15/08 M 29 30,31 12/16/07 1/12/08 Noontime Rotary of Camarillo 3/15/08 3/15108 Rental 4/13/08 4/20/08 HOLIDAYS Theater Closed Moorpark Arts Festival 5/4/08 0 6/21/08 5 M ; y; t: k 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2021 22 23 24 25 26 27 28 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 5/4/08 21 22 23 24 25 0262930 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 jj 27 28 2930 31 1 2 3 4 5 6 7 8 910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 25 26 27 28 29 7 1 2 31 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26 27 28 29 30 31 5 M 'N TH F 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ■31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 2E E30 Attachment D pPpK C4im CITY OF MOORPARK o ASSISTANT CITY MANAGER'S OFFICE O44 TED , Jy INTEROFFICE MEMORANDUM DATE: January 23, 2008 TO: Agency Board COPY. • Steve Kueny, Executive Director Hugh Riley, Assistant Executive Director FROM: David C. Moe II, Redevelopment Manager SUBJECT: High Street Arts Center Activities Reports Attached to this memorandum are the monthly activities reports L.J. Stevens has submitted to Agency staff. The reports start on July 06 and continue until December 07. o#00034 Theater on High Street Monthly Report July 2006 To: Steven Kueny, City Manager From: L.J. Stevens, General Manager of Theater on High Street Date: July 25, 2006 Subject: Monthly Report Meetings: Met or spoke with the following with regard to possible rental of facility: Steve Carlson Ryan Neeley Patrick Warburton Projects: Met with Jan Glasband & Greg Zerkle, producer and director of Christmas show, to discuss details of co- production Met with locksmith and facilitate changing of perimeter locks Removed all previous tape spike marks from stage floor Completed moving all teasers on to catwalk Arranged for audition notices in industry and local papers Facilitated and managed rental show of "Dynamo Jump" Finalized contract for rental for Gypsy Productions Checked in on dimmer rack installation Secured a discount from Bay Alarm Company for a yearly commitment Met with David Ralphe to discuss course of action for formation of an Arts Council for Moorpark Continued interaction with local press Changed marquee several times to facilitate theater events Installed new computer into office and organized files Met with Ralph Mauriello of the High Street Theater Foundation and new Volunteer Coordinator Jack Scroggins Created draft of staff report with regard to name change of theater Contacted Jim Rule with regard to future "Theater Row" house advertisements in all the Acorn papers Began cleaning out old syrup and food stock behind the candy counter Reorganized counter store room Coordinated with pest control, who sprayed for ants and cockroaches Met with Mike Haskins, previous lightboard operator, to plug lights back in to new dimmer rack )00035 Met with Pepsi to remove old freezer in back dressing room, remove broken water refrigerator at candy counter and replace, and received new sign boards for candy counter Created preliminary staff report for the formation of an Arts Council Began auditions for Barnum X00036 High Street Arts Center Monthly Report Worksheet August, 2006 Meetings & Phone Calls (Possible Rentals): ■ Jerry McWorter of DYNAMO JUMP - inquiry ■ Ayse Cerami of SISTERHOOD DANCE COLLECTION - inquiry ■ Michael Jordan of GOTHIC PRODUCTIONS — prepared contract Meetings (Operations): ■ Attended Moorpark Chamber of Commerce Mixer on A ■ Met with Christian West to analyze ticket system equipment for status and necessary equipment upgrades ■ Met with Mary Lindley & Peggy Rothschild to choose date & discuss Moorpark Arts Festival ■ Attended Thousand Oaks Chamber of Commerce Mixer on 8/16 Attended Country Days meeting Special Projects: ■ Rental — Gypsy Productions SINGING IN THE RAIN ■ Picked up new Microphones ■ Shopped for and purchased electric piano from Sam Ash Advance poster ordered and hung in front of theater ■ Tried to facilitate new marquee signage Cleaned poster disnlav boxes ■ Met with Merri Jo of Old Town Bakery to discuss future cross advertising ■ Met with High Street Theater Foundation members Rosemary Moffat and Terri Hilliard to discuss & schedule fundraising events ■ Met with High Street Theater Foundation members Ralph Mauriello and Colleen Durston to plan program sales Theater Season: BARNUM — Auditions and began rehearsal ■ BARNUM — did shopping for prop and set materials Miscellaneous Items: G Met with Safe Company repair man who repaired lock Attended production of NUNSENSE at Camarillo Community Theater '� Met with Anna Bakalis of Ventura Countv Star for article on theater High Street Arts Center Monthly Report Worksheet Auzust, 2006 ■ Attended production of STONES IN HIS POCKET at Santa Paula Theater ■ Attended production of ANNIE GET YOUR GUN at Simi Valley Cultural Arts center ■ Attended production of SUMMER SCHOOL MUSICAL REVIEW ■ Attended production of WIT at the Victory Theater in Burbank C G C W 00 O W CO High Street Arts Center Monthly Report Worksheet September, 2006 Meetings & Phone Calls (Possible Rentals): ■ Paul Dwork for a Magician Benefit — preparcd contract ■ Maryana of METRO CLUB - inquiry • 1 racy re: private party rental - inquiry ■ Shelley Cohen — inquiry • Mrs. Shaw (teacher) — inquiry ■ Rachel Macy @ Grace Lutheran school - inquiry Meetings (Operations): ` Met with Jim Rule @ The Acorn about strategic "Theater Row" advertising ■ Met with Dean Johnson, President of Camarillo Community 'Theater, to discuss cross advertising ■ Met with Fred Helsel, Assistant GM at SVCAC, to obtain more press contacts ■ Attended Country Days meeting Special Projects: ■ Arranged for new concession stand signage and arranged for hanging it up ■ Completed stock orders and placement of janitorial and concession stock ■ Shopped for and purchased CD player for theater from Sam Ash ■ Cleaned out box office and painted wood window lock ■ Marquee signage completed ■ Had front archway painted to match the rest of the facade and get rid of past graffiti evidence ■ Coordinated printing of season program jackets ■ Met with High Street Theater Foundation members Ralph Mauriello & Rav Cruz to discuss & schedule fundraising events ■ Cleaned out remaining rat feces from inside soda fountain and had Pepsi techs come and change out hoses and connect new syrup Theater Season: BARNUM poster ordered and hung in front of theater ■ BARNUM did shopping for prop and set materials ■ BARNUM postcards printed, addressed, and mailed ■ BARNUM set up new wireless mics for use in the show High Street Arts Center Monthly Report Worksheet September, 2006 ■ BARNUM facilitated final rehearsals of production including costumes & set painting ■ BARNUM Fielded reservation calls and began tracking reservations ■ BARNUM sent email blast to previous Foundation email list, Moorpark businesses, and personal audience email collection ■ BARNUM Met with Merri o of Old Town Bakery to discuss free appetizers for opening Miscellaneous Items: i rr -)et up credit card termmai in aox ouice ■ Attended the Vino Jazz event in Simi Valley, took out an ad for production in program ■ Attended production of FIDDLER ON THE ROOF at Simi Valley Cultural Arts center 0 0 c 0 C C C rA N High Street Arts Center Monthly Report Worksheet October, 2006 Meetings & Phone Calls (Possible Rentals): ■ Foundation Meeting re: Fundraising ■ Merry Jo & jean Amador re: possible High Street Holidays celebration ■ Michael Jordan re: upcoming November rental ■ Lynn Noe re: Possible theater event Meetings (Operations): ■ Rotary Luncheon presentation ■ Moorpark Chamber breakfast ■ Country Days re: planning Country Days Special Projects: ■ Opened production of BARNUM, and oversaw each performance ■ Oversaw all volunteers for performances ■ Worked Country Days to promote BARNUM, and arranged for performers to sing at event ■ Continued attending functions to promote current production ■ Followed up with press to ensure reviews of production ■ Swept and cleaned interior of auditorium between performances ■ Coordinated nrinting of production nroarams ■ Began working with local merchants to organize a local holiday salute to coincide with the opening of Xmas Carol Theater Season: ■ Continued to field all reservation calls for BARNUM & upcoming productions ■ BARNUM oversaw costume repairs and laundry ■ BARNUM replaced defective wig mic for production ■ BARNUM continued email blasts for advertising remaining performances ■ XMAS CAROL began planning artwork for poster & postcards ■ XMAS CAROL began planning tech set u ■ Installed community board in lobby of theater 0 C N High Street Arts Center Monthly Report Worksheet November, 2006 Meetings & Phone Calls Possible Rentals): ■ Margaret Travers, Ventura County Arts Council ■ Merry o & can Amador Re: developing High Street Holidays celebration ■ Ran Neele Re: Original play he is looking to produce ■ Stuart Cooper Re: Showing of "Overlord" film ■ Fried Out Features Re: Tentative April rental Meetings (Operations): ■ Ventura County Environmental Health Division ■ Christian West Re: Installation new box office software Special Projects: ■ Opened rental for SULLIVAN & GILBERT, and oversaw each performance ■ Oversaw Ojai Film Fest showings & ran concessions ■ Worked with box office software tech support to being printing of tickets in -house ■ Attended JOSEPH & THE AMAZING TECHNICOLOR DREAMCOAT at Simi Valley Cultural Arts Center ■ Met with pest control re: Possible rodent issue ■ Swept and cleaned interior of auditorium between performances ■ Cleaned and fulfilled requests made by Ventura County Environmental Health Division for sale permit ■ Began compiling list of surpluss equipment in antici ation of new sounds stem ■ Handled all reservation calls for renter of SULLIVAN & GILBERT ■ Oversaw installation of new wood boards on stage to replace warped boards and painting of the stage floor Theater Season: ■ Began reservation process for A CHRISTMAS CAROL ■ Had posters and postcards printed for A CHRISTMAS CAROL ■ Stamped and mailed postcards for A CHRISTMAS CAROL ■ Placed ads for A CHRISTMAS CAROL in Happenings Magazine and several Acorns ■ Planned schedule for A CHRISTMAS CAROL load -in and tech ■ Met with director if THE COMPLETE WORKS... to begin planning rehearsal schedule ■ Created and sent our press releases for A CHRISTMAS CAROL & the HIGH STREET HOLIDAYS event G C W High Street Arts Center Monthly Report Worksheet December, 2006 Meetings & Phone Calls (Possible Rentals): • Michael Jordan, Gothic Productions re: possible co- production or rental for next season Merry o & jean Amador Re: execution of High Street Holidays celebration ' Michelle MacRae re: Children's Theater Workshop • Brenda of local dance studio re: possible future rental • Don Perleman re: possible rental or co-production Meetings (Operations): ■ Fred Halsel at Siimi Valley Cultural Arts Center re: rental procedure at SVCAC • Christian West Re: Installation of sound system Special Projects: • Attended Food Safety Training and testing for concession stand, as required by Ventura County Environmental Health Division • Swept and cleaned interior of auditorium between performances ■ Oversaw merchant inspired High Street Holidays celebration ■ Handled flooding emergency during rain storm ■ Began planning and reading scripts for next season ■ Cancelled several tentative rentals for January to early February to accommodate installation of new sounds stem ■ Repaired several seats in auditorium that broke during performances ■ Decorated theater for holiday celebration ■ Trained box office staff in reservation procedure Theater Season: ■ Opened A CHRISTMAS CAROL, the musical ■ Oversaw all advertising and ress for show opening ■ Attended to multiple technical issues with regard to current sounds stem during production ■ Sent multiple email blasts advertising current production ■ Began planning schedule for COMPLETE WORKS rehearsal and tech C� C 1A High Street Arts Center Monthly Report Worksheet January, 2007 Meetings & Phone Calls (Possible Rentals): • Chris Christian @ CLU • Jerry McWorter of Dynamo jump ■ Ran Neely, Sketch Comedy Workshop • Cindy Bair inquiring about personal rental of theater ■ Dean Johnson, Camarillo Community Theater Meetings (Operations): ■ George Kralemann, director for future productions ■ Christian West Rc: Installation of sound system ■ David Ralphe of Simi Valley Cultural Arts Center Special Projects: ■ Attended Chamber of Commerce Dinner ■ Updated mail list with new additions ■ Updated email list with new additions ■ Initiated internships with Moorpark College Theater Department ■ Oversaw beginning of rehearsal process ■ Repainted stage floor, and hall exit into dressing area ■ Removed all holidav decorations ■ Finalized and initiated website launch ■ In process of getting internet hook-up for box office ■ Contacted comedy group MOONIE & BROON for possible special engagement Theater Season: ■ Began marketing of next show, COMPLETE WORKS ■ Created and printed postcards and poster for COMPLETE WORKS ■ Attended production of THE NERD at Glendale Centre Theatre for future show consideration ■ Attended production of ALWAYS, PATSY CLINE at Simi Valley Cultural Arts Center for future show consideration ■ Read multiple scripts in antici ation of choosing next theater season High Street Arts Center Monthly Report Worksheet February, 2007 MPPtincrc R, Phnn,- [ alk (Pnccihle Rentalcl- ■ Chris Christian @ CLU further conversations) ■ Rachel Macy of Simi Prez re: rental) ■ Debbie @ Simi Dance Studio re: rental • David Ral he & Fred Helsel @ Simi Valley Cultural Arts Center e: "Always, Patsy Cline ") ■ Dean Johnson, Camarillo Community Theater re: possible workshop) ■ Rosemary Moffat of HSTF for possible workshop rental Meetings (Operations): ■ Cable Reps re: cable modem for box office ■ Paul Millet, director for PRELUDE TO A KISS ■ Jeff Rack, set designer for PRELUDE TO A KISS CnPrial Prnivc•tc• ■ Attended Chamber of Commerce breakfast ■ Arranged repair of tile floor in lobby rest rooms ■ Arranged for cable to be installed in box office for modem ■ Attended Moorpark Rotary Lunch ■ Repaired dama e to stage proscenium and repainted ■ Picked up supplies for concession counter ■ Began planning of 2007 MOORPARK ARTS FESTIVAL with Mary Lindley and committee ■ Met with David Moe to strate ize budget for next season 'rhPatvr CPacnn- ■ Opened next show, COMPLETE WORKS ■ Arranged for all volunteers for COMPLETE WORKS ■ Moved set of ALWAYS, PATSY CLINE (special engagement) to storage ■ Began pre-production of PRELUDE TO A KISS C C 0 C High Street Arts Center Monthly Report Worksheet March, 2007 Meetings & Phone Calls (Possible Rentals): ■ Vanessa Neil @ Dance Studio re: rental) ■ Ben Gilbert of International Kids Choir re: rental) ■ Paul Dwork re: upcoming rental) ■ Rosemary Moffat of HSTF re: upcoming workshop rental) Meetings (Operations): ■ Simi Valley Rotary (promotions) ■ Ars Commission (presentation of upcoming season and special projects) ■ Bets Lasort (re: Simi Valley Cultural Arts Center Box Office System) Stiecial Proiects: ■ Moorpark Arts Festival — attended planning meetings and began recruiting accepting applications for participants ■ Met with new Handyman and arranged for quotes on several repair projects in the theater ■ Completed internet connection for box office access ■ Sent acknowledgement to Waste Management for donation to theater Ads ForAll in Moorpark program ■ Cleaned theater and removed trash between all performances ■ Picked up supplies for concession counter Theater Season: ■ Closed show, COMPLETE WORKS ■ Arranged for all volunteers for COMPLETE WORKS ■ Removed set and props for COMPLETE WORKS to storage after show closing ■ Began auditions for next show, PRELUDE, TO A KISS ■ Began pre-production of HIGH STREET BROADCAST sketch comedy presentation for Moorpark Arts Festival ■ Began Tech for ALWAYS PATSY CLINE ■ Prepared theater for upcoming rental for the Camarillo Rotary Club fundraiser Magic Show ■ Attemded production of MILLIE at Simi Valley Cultural Arts Center High Street Arts Center Monthly Report Worksheet April, 2007 Meetings & Phone Calls (Possible Rentals): ■ Debbie no last name @ Dance Studio re: rental ■ Ben Gilbert of International Kids Choir (re: rental) ■ joy @ Big Sky Productions re: rental LE johnsy Paul re: rental Meetings (Operations): • Simi Valley Rotary (promotions) ■ Moorpark Rotary (promotions) • Ventura County Star Awards SUecial Proiects: ■ Moorpark Arts Festival — attended planning meetings and finalized applications for participants ■ Oversaw rental for Noontime Camarillo Noontime Rotary Magic Show & ran concession stand ■ Processed handyman quotes for upcoming repairs ■ Oversaw installation of soundboard andspeaker equipment ■ Cleaned theater and removed trash between all performances ■ Picked up supplies for concession counter Theater Season: ■ Oversaw installation of set and tech rehearsals for AWLAYS... PATSY CLINE ■ Arranged for all volunteers for AWLAYS... PATSY CLINE ■ Changed next production from PRELUDE TO A KISS to LAST OF THE RED HOT LOVERS ■ Chose new cast and director for LAST OF THE RED HOT LOVERS ■ Began rehearsals for LAST OF THE RED HOT LOVERS ■ Continued preparation of HIGH STREET BROADCAST sketch comedy presentation for Moorpark Arts Festival ■ O ened ALWAYS PATSY CLINE Q Q C EA High Street Arts Center Monthly Report Worksheet May, 2007 Meetings & Phone Calls (Possible Rentals): ■ Scott Buchanan of Hillcrest Arts Center ■ Phyllis (re: rental for party) Meetings (Operations): ■ Met with rental for Dream On Youth Workshop to finalize rental ■ Attended Arts Marketing Seminar ■ David Moe re: reneal of contract Cnv�ial Prniertc• ■ Moorpark Arts Festival — Ran and oversaw the High Street Arts Center portion of Moorpark Arts Festival ■ Oversaw rental for Dream On Youth Workshop & ran concession stand ■ Planned marketing poster for upcoming season ■ Updated mailing list with new addresses ■ Updated email list with new additions ■ Cleaned theater and removed trash between all performances ■ Updated website information ■ Picked up supplies for concession counter Theater CPaann• ■ Oversaw pick-up rehearsals rehearsals for AWWAYS... PATSY CLINE ■ Oversaw for all volunteers for ALWAYS... PATSY CLINE ■ Closed and loaded -out PATSY CLINE ■ Began marketing of LAST OF THE RED HOT LOVERS with emails and postcard mailings ■ Oversaw load -in of set for LAST OF THE RED HOT LOVERS ■ Finalized props and costumes for LAST OF THE RED HOT LOVERS ■ Closed ALWAYS PATSY CLINE I. O C ►A C� High Street Arts Center Monthly Report Worksheet June, 2007 Meetings & Phone Calls (Possible Rentals): ■ Lynette Loiuse (rental inquiry) Susannah via email (rental inquiry) ■ Met with Ken Barker of Pacific Sound Chorus to discuss possible rental Meetings (Operations): ■ Met with Gypsy Productions to finalize rental for July ■ Met with LVH to install new lighting board ■ Met with Stephanie Shaw about program sales for new season • Met with Matt Howell for independent program sales for new season ■ Met with Michele MacRae to discuss possible teen workshop ■ Met with David Ral he of SVCAC to discuss next ear's theater season ■ Met with Mary Lindley and team for post Moorpark Arts Festival meeting ■ Attended Arts Commission quarterly meeting Snecial Proiects: ■ Posted new poster for new theater season ■ Updated mailing list with new addresses ■ Updated email list with new additions ■ Cleaned theater and removed trash between all performances ■ Attended production of HAIR at SVCAC ■ Picked up supplies for concession counter ■ Began moving costumes and wood from other storage areas to firehouse as temporary storage ■ Identified and oversaw repair to a/c unit at theater ■ Oversaw removal and storage of platter projector Theater Season: ■ Continued Marketing of LAST OF THE RED HOT LOVERS and the High Street Broadcast ■ Oversaw remaining performances of LAST OF THE RED HOT LOVERS ■ Closed and loaded -out LAST OF THE RED HOT LOVERS ■ Oversaw auditions and call backs for BYE, BYE BIRDIE C: C 0 High Street Arts Center Monthly Report Worksheet July, 2007 _Meetings & Phone Calls (Possible Rentals): ■ Teresa of Teatro Theater Company (rental inquiry) Lynette Louise (rental inquiry) ■ Heidi Scott (rental inquiry for a private party) Meetin --s (Onerations): ■ Met with Mark at LVH for new lighting uote ■ Met with Charlie at Carters Pest Control ■ Met with Ron at Continental Concession re: new concession vendor ■ Met with Matt Howell for independent program sales for new season. ■ Attended Arts Commission meeting ■ Met with David Ral he of SVCAC to discuss new foundation formation Special Proiects: ■ Posted new poster for BYE, BYE BIRDIE ■ Oversaw load -in of rental for Gypsy Productions ■ Assisted with technical and lobbv issues during rental for Gypsy Productions ■ Cleaned theater and removed trash between all performances ■ Ran concession sales during rental ■ Picked up supplies for concession counter ■ Began yearly defrosting of ice machine ■ Began phone training for box office software ■ Oversaw load -out of rental for Gypsy Productions ■ Oversaw repair of dressing room bathroom ■ Ordered and installed correct lamp bulbs for dressing room vanities Theater Season: ■ Oversaw prep for next High Street Broadcast ■ Began costume search for BYE, BYE BIRDIE ■ Began prop search for BYE, BYE BIRDIE ■ Changed marquee O c cn N High Street Arts Center Monthly Report Worksheet August, 2007 & Phone Calls (Possible Rentals): _Meetings (Operations): ■ Met with Susan at LVH for new lighting measurements ■ Met with Media Fabricators to measure for DV film projector ■ Attended Country Days Committee meeting Snecial Proiects: ■ Defrosted and cleaned ice machine for concession stand ■ Replaced outside awning bulbs with fluorescents ■ Oversaw replacement of bulbs in all chandeliers ■ Cleaned theater and removed trash between all performances ■ Ran concession sales during performances ■ Picked up supplies for concession counter ■ Oversaw production of yearly program ■ Ordered and unloaded all janitorial supplies ■ Ordered and unloaded soda fountain supplies ■ Contacted Kurt Russell's reps to inquire about film festival ■ Returned broken mic pacs to Sam Ash for replacement under warrant Theater Season: ■ Met with Paul Millet, director for THE CURIOUS SAVAGE ■ Met with Rolland Petrello, director for VICTOR ■ Finalized sets & costumes for BYE, BYE BIRDIE ■ Changed marquee ■ Began rehearsals for the next HIGH STREET BROADCAST ■ Recruited volunteers for BYE, BYE BIRDIE ■ Opened BYE, BYE BIRDIE ■ Posted audition info for VICTOR ■ Began audition process for VICTOR �r O O C UT to High Street Arts Center Monthly Report Worksheet September, 2007 Meetings & Phone Calls Possible Rentals): ■ Paul Dwork, Noontime Rotary of Camarillo Meetings (Operations): ■ Scheduled meeting with MHS Handyman (handyman did not show) ■ Ma me Paul-Thompson regarding Children's Theatersponsorship ■ Attended Country Days Committee meetings ■ Attended Moorpark Arts Commission meeting ■ Attended Moorpark/Sin-ii Valley Chamber of Commerce mega mixer ■ Attended Moorpark Chamber breakfast Special Projects: ■ Cleaned out remaining equipment in mammoth garage ■ Removed expired concession candy and replaced with new stock from new vendor ■ Searched for new handyman ■ Cleaned theater and removed trash between all performances ■ Ran concession sales during performances ■ Picked up supplies for concession counter ■ Attended Pinki's Playhouse production to scout for children's show ■ Ordered and unloaded lamp supplies Theater Season: ■ Met with Jerry Castillo, director ■ Met with George Kralemann, director for MARLEY'S GHOST ■ Cleaned and ironed cast laundry for BYE, BYE BIRDIE, replenished consumable props ■ Changed marquee ■ Began rehearsals for the next HIGH STREET BROADCAST ■ Recruited volunteers for BYE, BYE BIRDIE ■ Ordered and picked up programs for BYE, BYE BIRDIE ■ Began rehearsals for VICTOR ■ Attended WIZARD OF OZ at Simi Valley Cultural Arts Center G C!T CJ High Street Arts Center Monthly Report Worksheet October, 2007 & Phone Calls (Possible Rentals): ■ Misty, Dance Infusion Meetings (Operations): ■ Attended remaining Country Days Committee meetings • Participated in Country Days event and emceed 2',d stage, announcing upcoming upcorrdng season throughout the day ■ Met with Pest Control and oversaw installation of traps after 3 rats were caught on glue traps ■ Accepted Arts Week proclaimation from Mayor Hunter at City Council meeting ■ Met with David Ral he of Simi Valley Cultural Arts Center to discuss Foundation and upcorring upcoming seasons ■ Attended Moorpark Anniversary Celebration Committee meeting ■ Attended Moorpark Arts Festival planning meeting for 2008 Arts Festival Special Projects: ■ Removed remaining props and costumes from 81 Charles St ■ Reconfigured and restocked concession area ■ Obtained quote for upcoming work by new handyman ■ Cleaned theater and removed trash between all erformances ■ Ran concession sales during performances ■ Picked up supplies for concession counter, programs, and office incidentals ■ Washed all non-dry clean costumes from BYE, BYE BIRDIE to store 7 loads of laundry) ■ Created prop list of current supply from BARNUM to BYE, BYE BIRDIE ■ Cleaned and re-organized office Theater Season: ■ Went to taping of promotional spot for Local Edition of CNN at Time /Warner ■ Cleaned and ironed cast laundry during run of BYE, BYE BIRDIE, replenished consumable props ■ Closed BYE, BYE BIRDIE, oversaw load -out of set & props ■ Oversaw load -in of VICTOR ■ Began rehearsals for the next HIGH STREET BROADCAST 1:Recruited volunteers for VICTOR .E__.Ordered and picked up programs for VICTOR High Street Arts Center Monthly Report Worksheet October, 2007 Placed VICTOR ads in local papers, on appropriate website calendars, email promotions and postcard mailings • Was advised of loss of rights to perform THE COUNTRY GIRL, and obtained rights to replace with ON GOLDEN POND ■ Replaced posters with ON GOLDEN POND change and place labels to note the change on programs ■ I leld auditions for MARLEY'S GHOST ■ Attended MYSTERY OF EDWIN DROOD at Simi Valley Cultural Arts Center • Attended HOUNOR at Santa Paula Theater Center ■ Created display in the library for VICTOR ■ Shipped rented scripts and music materials back to Tams - Witmark in NYC C O O N G� C U1 C11 High Street Arts Center Monthly Report Worksheet November, 2007 Meetings & Phone Calls (Possible Rentals): ■ Scott @ Spotlight Magazine • Kurt Gunning @ Hillcrest Arts Center Meetings (Operations): ■ Attended final Country Days Committee wrap up meeting ■ Met with Rachel Manheimer to discuss possible contract and scope of work ■ Met with FAPS committee ■ Met with David Moe & Bui'ldigg Engineer to discuss 33 High Street ■ Met with Fred Helsel of Dimi Valley Cultural Arts Center regarding upcoming upcorring seasons Special Proiects: ■ Removed remaining props and costumes from theater from BYE, BYE BIRDIE ■ Removed remaining props and costumes from theater from VICTOR ■ Cleaned theater and removed trash between all perforrnances ■ Ran concession sales during performances ■ Picked up supplies for concession counter, programs, and office incidentals ■ Washed all non-dry clean costumes from VICTOR to store ■ Added new props to prop list from VICTOR ■ Added new email and mail addresses to HSAC current mailing lists Theater Season: ■ Taped promotional spot for Local Edition of CNN at Time /Warner for MARLEY'S GHOST ■ Cleaned and ironed cast laundry during run of VICTOR, replenished consumable props ■ Closed VICTOR oversaw load -out of set & props ■ Oversaw load -in of MARLEY'S GHOST ■ Held further auditions for MARLEY'S GHOST ■ Attended rehearsals for the nett HIGH STREET BROADCAST ■ Recruited volunteers for MARLEY'S GHOST ■ Ordered and picked up postcards and posters for MARLEY'S GHOST ■ Placed MARLEY'S GHOST ads in local papers, on appropriate website calendars, email promotions and postcard mailings Y High Street Arts Center Monthly Report Worksheet Nnrrpmhpr NWT • Shipped rental costumes from VICTOR back to costume house • Attended RAGTIME at Simi Valley Cultural Arts Center ■ Removed display for VICTOR from the library C C!1 L` c c C!1 High Street Arts Center Monthly Report Worksheet December, 2007 Meetings & Phone Calls (Possible Rentals): ■ Leslie Louise (Rental for Jan 10"' thru )an 12`x', 2008 — contract pending) ■ Scott Bergen @ Quizon Ballet Center ■ Marta @ Young Artists Meetings (Operations): ■ Attended Moorpark Arts Festival Meeting ■ Attended Moorpark 25`h Anniversary Meetings ■ Attended Moorpark Chamber breakfast ■ Attended Arts Commission Meeting ■ Met with David Ral he of Simi Valley Cultural Arts Center regarding formation of Foundation ■ Met with potential set designer/master carpenter Sean Harrington ■ Met with Christian West to discuss theater lighting ■ Met with potential new the contractor Snecial Proiects: ■ Obtained commitment from known animator Butch Hartman of "Fairly Odd Parents" for participation in Moorpark Arts Festival ■ Cleaned out debris from behind the theater in anticipation of storm whether ■ Sandbagged back door of theater, which tends to leak during the rain ■ Wrapped additional wood pieces stored behind theater in protective plastic in anticipation of storm ■ Attended play reading of new musical "JUST SAY YES" in North Hollywood Theater Season: ■ Finished load -in of MARLEY'S GHOST set ■ Finished load -in of MARLEY'S GHOST props and costumes ■ Cleaned and ironed cast laundry durin run of MARLEY'S GHOST ■ Replenished consumable props for MARLEY'S GHOST ■ Cleaned theater and removed trash between all performances ■ Ran concession sales during performances ■ Attended rehearsals for the next HIGH STREET BROADCAST ■ Recruited volunteers for MARLEY'S GHOST r High Street Arts Center Monthly Report Worksheet December, 2007 ■ Picked up supplies for concession counter, rograms, and office incidentals ■ Held auditions for next performance, ON GOLDEN POND ■ Read several scripts for future consideration ■ Created new library display for MARLEY'S GHOST ■ Oversaw creation and prindqg of programs for MARLEY'S GHOST O O C t1T 0� Attachment E CITY OF MOORPARK ASSISTANT CITY MANAGER'S OFFICE INTEROFFICE MEMORANDUM DATE: January 22, 2008 TO: Honorable Mayor and City Council COPY: Steve Kueny, City Manager FROM: Hugh Riley, Assistant City Manager SUBJECT: Moorpark Community Foundation for the Arts BACKGROUND On August 21, 2007, the Moorpark Arts Commission has asked the City Council to consider directing staff to begin the research activity necessary to establish a Moorpark Community Foundation for the Arts. The sole mission of the Foundation would be to raise funds from private sources and private or public grants to support the advancement of the arts in Moorpark including supporting the ongoing operating expense of the High Street Arts Center ( "HSAC "). This matter was presented to the Council Finance, Administration and Public Safety Committee (Mayor Hunter and Mayor Pro Tern Millhouse) on October 3, 2007 and again on December 5, 2007. The Committee recommended that no action be taken until the Redevelopment Agency has completed a mid -term progress review of the Arts Center's operations and performance and with the condition that no members of Council- appointed Commissions shall serve on such a foundation board and that the foundation shall have no direct involvement with the finances and operations of the City including the High Street Arts Center. On February 6, 2008 the Agency Board will receive a "Progress Report" on the Arts Center covering the first 18 months of productions and operations and consider the establishment of a foundation. DISCUSSION The topic of a fundraising entity for the arts has been discussed frequently in the past and the Moorpark Arts Commission recognized the need to raise money for the arts and asked staff to prepare a recommendation to the Council that would begin the necessary steps to establish a Community Foundation for the Arts. Because the circumstances surrounding the City of Simi Valley's acquisition of the Simi Valley Cultural Arts Center and subsequent formation of an arts foundation closely parallel the situation in Moorpark, staff researched the steps leading to the formation of that Foundation. .100059 Honorable Mayor and City Council City Manager January 22, 2008 Page 2 The Simi Valley Story After the City of Simi Valley acquired the property that is now known as the Simi Valley Cultural Arts Center, the City recognized the need to establish a foundation dedicated to raising funds to support the operation of the Center. This entity would eventually become the Simi Valley Cultural Arts Foundation. In September of 1994, the Simi Valley City Council appointed five members to serve as both the Simi Valley Cultural Arts Center Foundation and an Arts Commission. The Commission was tasked to oversee the operation and management of the Center. The Foundation was charged with managing a fund raising campaign. The City also agreed to provide clerical support to the Foundation. Private donations to the Foundation were made through the City of Simi Valley. The Foundation acquired an IRS designation as a 501 (c) (3) Non - Profit entity separate from the City of Simi Valley. The Foundation pledges an annual cash donation of about $25,000 per year. This amount is raised through various fundraisers (which take place outside of theater walls), such as individual donors and corporate donations as well as two major yearly functions: The Spotlight Awards and the Vino Jazz Festival. The Foundation has also started an endowment fund for the theater, which has a current principal balance of approximately $350,000. In February 1996, the City Council dissolved the Commission to allow the Foundation to concentrate solely on fundraising and expanded its membership to 21 members, 14 appointed by the Foundation Board and 7 appointed by the City Council. The City Council also expanded an Ad Hoc Cultural Center Committee to five members. In June 1997, the City Council changed the name of the Ad Hoc Cultural Center Committee to the Simi Valley Arts Commission to reflect the permanent nature of the Committee. The current membership of the Commission includes two members of the City Council, four public members appointed by the City Council, one member of the Cultural Arts Center Foundation Board of Directors, and one public member alternate appointed by the City Council. The Cultural Arts Commission became the policy body for the Center and approves an annual budget and operating plan. The 501 (c) (3) designation was obtained in 1996 after the Foundation was split off from the Commission. The CEO and the Board of the Foundation prepared and submitted the application. Existing High Street Theater Foundation Current efforts to form a Theater /Arts Foundation have not met expectations and the group known as the High Street Theater Foundation (HSTF), although well intentioned, has made no donations to the Arts Center and did not actually receive its official permanent X00060 Honorable Mayor and City Council City Manager January 22, 2008 Page 3 designation as a 501(c) (3) organization until October or November 2007. The only funds received from the foundation were in payment for ad sales, which they undertook in return for a 40% share of ad revenues collected, with the agency receiving 60 %. Those revenues were not donations from the HSTF to the agency, but were from other groups or individuals who wished to support the HSAC itself. The HSTF's initial commitment offer in November 2006 was to pledge a donation of $6,000 per year to the Arts Center plus a share of other revenues in exchange for rent -free use of the HSAC for 1) initially un -named productions which they wanted authorization to present/produce before meeting Agency criteria for all productions, 2) workshops and 3) to present an abridged version of the Ojai Film Festival. This offer is attached as Exhibit A to this Report. The lost rental income to the HSAC for these programs would have well exceeded the pledge. The pledged revenue included ad sales for the Arts Center Programs following the same 40/60 split described above and a percentage of revenue from concession liquor sales. They proposed to give 25 -40% of "net- profit" revenue to the agency from concessions and ticket sales from their own productions, but only if agency staff (not HSTF personnel) operated the concession, the box office, and if the agency gave rent -free access to the theatre for HSTF productions along with five more rent -free rehearsal days at the HSAC. If the HSAC was rented by a different entity other than the HSTF, the agency would receive 100 % from concessions, rental fee and a ticket surcharge.. In July 2007, a subsequent offer was made by the HSTF targeting certain fundraising goals and planned activities as outline in Exhibit B. In both proposals, HSTF offered to share revenues from their productions and programs. The July 2007 proposal included the promise to allocate 50% of the HSTF revenues to the HSAC Productions and facilities including any endowments (intended) for the HSAC Building. The HSTF's primary focus has been and continues to be to offer the production of various theatrical works and acting programs for youth, the film festival and other fundraising events. (SEE EXHIBIT C) Staff believes this focus is not conducive to success with any significant fundraising and that a true foundation should place its entire emphasis on fundraising and not on productions and programs that make very little if any money. Unlike Simi Valley's "Simi Valley Cultural Arts Foundation" or Thousand Oaks' "Alliance for the Arts," the HSTF has functioned more like a non - profit theater company to pay for its own productions than as a traditional foundation to provide support funding for a larger community -wide arts presence. Their current fundraising capabilities appear to be sufficient for their own theatre company but not for the larger community -wide arts effort envisioned by the agency when it purchased the HSAC. Therefore both of these proposals were rejected by staff for the following reasons: 1. The November 2006 proposal (pledge) amounted to less than the Agency could derive by renting the HSAC for the same dates specified for HSTF use in exchange for the pledge. 2. The July 2007 proposal offered goals that were not, in staff's opinion, realistic in view of HSTF's approach to and track record with fundraising. o000GI. Honorable Mayor and City Council City Manager January 22, 2008 Page 4 3. The HSTF has minimal potential to be a significant contributor to the HSAC's operations The HSTF has since chosen to offer its youth workshop through the sponsorship of the Moorpark Boys and Girls Club and to locate other facilities at which to show its productions. Staff believes that a "real" foundation could allow worthy community groups to apply for grants to help pay for non - profit rental fees or insurance costs to produce plays and concerts provided they follow the policies to submit a script or music for review that is approved, proof of non - profit status, and verification that they have obtained the legal right to the script or music. (This is how the Simi Valley Cultural Arts Center Foundation and other similar arts foundations operate, so that all productions pay the going rate for rent, either themselves or via grants from the foundation.) The High Street Arts Center Operating Costs The Redevelopment Agency Board agreed to fund the operating expenses for the HSAC for a period of three years. The 2006/07 operating budget totaled $144,380. This amount includes the cost of the utilities, theater manager contract, building /property maintenance and supplies. This amount does not include capital expenses or costs for the four productions. The actual operating cost for the HSAC was $127,639. Relationship between the City and the Proposed Foundation The City has options as to how it would like to work with and through the proposed Foundation. The City's legal staff has examined both the Foundation model used by Simi Valley and a model used in the City of Lompoc for that City's well -known mural program. Obviously, the Simi Valley model includes some level of direct control of the Foundation by the City. In Lompoc, the City helped initiate the Foundation, but it now operates without City control. In both cases, the Cities area source of financing for the Foundations, but the Foundations operate as separate entities from the Cities. To ensure that the Foundation is not viewed legally as a subsidiary body of the City, it is best to limit the City's control of the Foundation and to have the Foundation open and keep financial accounts separate from those maintained by the City. However the City should maintain final approval authority for the Theater Operating and Production Budget. If the City Council directs staff to begin taking action to establish the proposed Foundation, staff would work with the City Attorney's office to bring to the City Council for approval, preferred options for City appointment of the initial and subsequent members of the Foundation Board of Directors and City oversight of Foundation accounts. t ) O V Osw 0 Hugh Riley Assistant City Manager Moorpark, CA Dear Mr. Riley, EXH I NT A You ,Hcsv High Street Theater Foundation A non -profit corporation U o e 207 West Los Angeles Ave. # 113 PIav Moorpark, CA 93021 www.highstreettheaterfoundation.org November 13, 2006 The High Street Theater Foundation Board of Directors has discussed how best to formalize the Foundation's financial support for the High Street Arts Center. With the guidance of Ray Cruz, the professional fundraiser hired by the Foundation, we would like to propose the following arrangement which is somewhat similar to support provided to the Simi Valley Arts Center by their foundation. A. Annual Subsidy The Foundation would provide the High Street Arts Center with a payment of $1,500 per quarter for a total subsidy of $6,006 per year. These funds can be deposited directly with the City to apply to operating costs or could be placed in a fund earmarked to support purchases for the theater under the direction of the General Manager. B. Fundraiser Events in the Theater Fundraiser Events that make use of the theater will provide an additional subsidy. A percentage of the net profit will be paid to the High Street Arts Center. As with the annual subsidy, these payments can be deposited directly with the City or placed in the General Manager's fund. The net profit will be based on revenue received from ticket sales and bar receipts, provided the Foundation operates the bar at such events. The percentage of the net profit allocated to the Arts Center will depend upon the agreement for the use of the theater. As a baseline, if the city provides the facility for use without rent, 25% of net profit will be paid to the city. If the city also provides support with reservations on their phone system, operates the concession, and provides access for 5 rehearsal days, then 40% of the net profit will be paid to the city. Printing and managing ticket sales by the Arts Center staff is not included as a city support function as that will be agreed to separately. Fees for support of the Production Stage Manager are also a separate production expense. The High Street Theater Foundation - Moorpark, CA 93021 www. hi shstreettheaterfoundation.ore Page 1 �'�UUU63 You Have Role a Rol to, Play C. Other Foundation Fundraisers High Street Theater Foundation A non - profit corporation 207 West Los Angeles Ave. # 113 Moorpark, CA 93021 www. highstreettheaterfoundation.org In order to support the subsidy fund, HSTF will also undertake fundraising efforts that do not involve the use of the theater. One such event is the November 18 Brunch. The Foundation will retain 100% of the receipts from these fundraising efforts. D. Sale of Ads in the Program The Foundation will act as an agent for the Arts Center in regard to the sale of ads in the program, which will be issued for each of the four city- sponsored productions in the 2006 -2007 season. The Foundation will provide the Arts Center with 60% of all receipts for the ads and retain 40% of receipts. With your direction on the how the funds will be issued to the Arts Center and concurrence on the allocated percentages, we will draft a resolution defining the terms which will be effective on January 1, 2007 and be applicable to Fundraiser/Melodrama scheduled for late January/early February. Yours truly, Ralph Mauriello; President High Street Theater Foundation The High Street Theater Foundation - Moorpark, CA 93021 www.highstreeftheaterfoundation.org Page 2 ')00064 EXHIBIT B t .. Mr. Hugh Riley; Ass't City Manager 799 Moorpark Avenue Moorpark, CA 93021 Dear Mr. Riley High Street Theater Foundation A non - profit corporation 207 West Los Angeles Ave. # 113 Moorpark, CA 93021 Eg July 16, 2007 Following our conversation on Friday, July 13, 2007, the Board of Directors of the High Street Theater Foundation has taken the following actions: Directed the Membership Committee to eliminate the offer of tickets to High Street Art Center productions and ads in the programs for High Street Art Center productions for HSTF members. As June 30`h was the annual renewal date for a large percentage of our membership, a number of members renewed their membership with the expectation that their ad would continue in this year's program, as it did last year. Each of those members will be contacted and advised to contact the High Street Arts Center to place an ad in the program. All members will be notified that discounts or free tickets to High Street Art Center productions are no longer provided with their membership. 2. Approved a summary of agreement terms for High Street Theater Foundation to cooperate in fundraising activity for the High Street Arts Center, which is attached to this letter. The summary identifies the total fundraising goal of $200,000 for the next year and outlines the methods for raising the donations. The summary reiterates the Foundations commitment to a Youth Workshop in cooperation with the Boys and Girls Club. Based on the description of the High Street Arts Center sponsored youth program discussed at the meeting, there does not appear to be a conflict, since the Arts Center program will be oriented as a internship for dedicated drama students. We believe the Youth Program provides a wider base for fund raising and for receiving grants. Sincerely, Darby Shields Treasurer, High Street Theater Foundation cc: David Moe, RDA Manager O0006S High Street Theater Foundation A non -profit corporation 207 West Los Angeles Ave. # 113 Moorpark, CA 93021 Agreement Terms for High Street Theater Foundation To Cooperate In Fundraising for High Street Arts Center July 16, 2007 The High Street Theater Foundation was organized to encourage and support the visual and performing arts in Moorpark and is committed to maintain its community support activities. This proposal outlines the terms of an agreement between the City of Moorpark and the High Street Theater Foundation (HSTF) under which the HSTF directs a major portion of its activities to sponsor events and activities to raise funds to support the operation of the city -owned High Street Arts Center. The organization proposed is patterned after the relationship between city of Thousand Oaks and the Civic Arts Plaza, and the city of Simi Valley and the Simi Valley Cultural Arts Center and their respective Foundations. A. Fundraising Goals The Foundation will target the following fundraising goals- Annually raise $100,000 in contributions /donations from fundraisers, luncheons, grants, and activities, a portion of which will be allocated to the High Street Arts Center facilities and productions. 2. Raise $100,000 direct fees to the High Street Arts Center based on naming rights for High Street Arts Center assets, such as plaques for seats, advertising, name of lobby, etc. B. Planned Foundation Fundraising Activities The Foundation has an existing contract with Development Director Ray Cruz to raise funds through grants, galas, breakfasts, auctions, and raffles. Mr. Cruz is an experienced development professional who has been instrumental in raising over $200,000 per year for the Simi Valley Cultural Arts Center. Special events Mr. Cruz organized for Simi Valley have included highly successful VinoJazz Festivals featuring Jazz Greats, wonderful international wines paired with incredible food. Other events have included special concerts, Spotlight Awards Banquets which honor civic leaders, volunteers, educators and artists. He has also been XOOOGG High Street Theater Foundation A non -profit corporation 207 West Los Angeles Ave. # 113 9 Moorpark, CA 93021 instrumental in introducing and supporting the Hearing Impaired Program at the Simi Valley Cultural Arts Center. Other programs which have benefited from his efforts have included the Simi Valley Repertoire Theater and the Annual Royal High School Jazz Festival hosted by the SVCAC. Grants - The Foundation is targeting to solicit 1 to 2 grants per month. With the aid of the Development Director, foundations and grantors that support performing arts and education through the arts will be identified and solicited. Major fundraising events - Two major events will be scheduled for Fall and Spring. The events will be developed as a Breakfast honoring prominent contributors to the arts, dinners, and /or concerts. All events will include silent and live auctions. Opportunity Drawings - Held twice a year for a Cruise and a Car raffle. Mail Donation Appeals - Sent twice a year to the Foundation's list of supporters Planned Gifts & Stronger Corporate Sponsorship Participation - work with Ventura County Community Foundation to develop a strategic plan to develop a Fall drive. Funds generated and raised to support specific Foundation activities, such as the Children's Workshop, will not be directly allocated to the High Street Arts Center. Anticipated Fundraising Allocations High Street Arts Center Productions, Facilities, and 50% any endowments for the High Street Arts Center building Administration Overhead Cost including Development Director 25% Children's Workshop and other sponsored activities 20% Grants for Theater Production Companies to Offset Production Expenses 5% C. Fundraising Activities for Naming Rights for High Street Arts Center Assets The Foundation, at the direction of the City, will actively solicit funds from the sale of naming rights for the High Street Arts Center assets, such as plaques for seats, donor's wall, advertising, and naming of box office and lobby, etc. All net funds raised in these efforts will be provided to the City to support the operation of the High Street Arts Center. Page 2 ; l u O v 6 7 High Street Theater Foundation A non -profit corporation a .::. tO 207 West Los Angeles Ave. # 113 � Moorpark, CA 93021 D. Separate Operations of the High Street Arts Center and the Foundation 1. The High Street Arts Center will be operated by the City of Moorpark under the control of the Theater Manager. The Foundation will have no control of scheduling or selecting of the City productions. 2. The Foundation would operate as an entity independent of the city of Moorpark. In addition to fundraising for the High Street Arts Center productions, the Foundation will sponsor independent activities that support the performing arts in Moorpark. Activities such as the Children's Workshop, which will be coordinated with the Theater Manager. 3. The Foundation will sponsor activities in cooperation with other community organizations such as the Moorpark College, Boys and Girls Club, and the Women's Fortnightly Club. 4. The Foundation will have access to the High Street Arts Center for the events listed below: a. Children's Workshop presentations — 3 separate performance days during the year, scheduled for Saturday or Sunday. Dates to be coordinated on a non - interference basis with City productions. b. Foundation Annual Meeting in June, Saturday morning. Any additional use of the High Street Arts Center will require approval of the Theater Manager. 5. The Foundation will offer a seat on the Board of Directors for the Theater Manager, or a designee. The Director will have full power to vote as a member on the Foundation activities. 6. The Foundation will offer an Advisory Seat to the Assistant City Manager. The Advisory position would not have the power to vote as a Foundation board member. C. Obligations of the Foundation to the City of Moorpark Obtain a 501c3 tax status (approval pending) 2. The Foundation will produce financial statements annually reviewed by an accountant, which the City can request for review. Page 3 000068 EXHIBIT G THE HIGH STREET THEATER FOUNDATION SUPPLEMENTAL SUBMISSION TO APPLICATION FOR TAX EXEMPTION Date: July 17, 2007 Scope This document is intended as a supplement to the application for a 501 c3 that was filed by the High Street Theater Foundation of Moorpark, California, EIN 20- 1783998. Acknowledgement of receipt of the application was provided by IRS document 17053- 158- 02202 -7, dated June 8, 2007. This document updates the description of the Foundation's current activities and clarifies the history of those activities. The sections identified below contain modifications to those sections provided in the original application. History of Applicant The High Street Theater Foundation ( "Applicant ") is an organization that was incorporated as a California nonprofit public benefit corporation on 10/08/2004 under the name, The High Street Theater Foundation. Since its initial formation, the Applicant has changed its scope and purposes. The Applicant was originally established for the purpose of preserving the High Street Theater and facilitating its purchase by the city or a private entity. In order to preserve the theater, the Applicant initially determined that it was necessary to reestablish the theater as a viable showcase for the community. In accordance with that goal, the Applicant supported three theatrical productions and a Youth Workshop during the period from January 2005 through August 2005. The Applicant rented the theater from the private owner and oversaw all aspects of the productions. The theater was purchased by Redevelopment Agency of the City of Moorpark in August 2005. In the period from August 2005 to April 2006, the management of the property was under the direct control of the Redevelopment Agency (RDA). The Foundation supported nine productions at the theater during this period, paying rental fees directly to the RDA. The city did not have a theater manager or staff during this period, so the Applicant provided management support by operating the concession area, the ticket booth and lobby. Volunteer staff also managed the technical elements of the production including lighting, sound, and backstage operations. For two of the nine productions, the "00069 THE HIGH STREET THEATER FOUNDATION EIN: 20- 1783998 July 16, 2007 Foundation sponsored outside production companies by renting the theater from the RDA, providing insurance and volunteer staff. The Applicant also supported the theater operation by donating equipment such as microphones and a microwave for the concession area. On April 26, 2006, the City of Moorpark hired a full time Theater Manager and generated a budget to provide staff, underwrite city- sponsored productions, and make capital improvements in the facility. In July 2006, the City of Moorpark officially changed the name of the facility to the High Street Arts Center. All references to the facility after that date should refer to the High Street Arts Center rather than the High Street Theater. Following the renaming of the High Street Arts Center, the Applicant re- established its purpose as a community arts supporter. The Applicant has not provided direct funding to the High Street Arts Center, however the Applicant may provide funding for High Street Arts Center productions in the future. During the period from August, 2006 through June, 2007, the Applicant concentrated on supporting the four activities contained in the Description of Activities, which include 1) the Youth Theater Workshop, 2) the annual melodrama (held as a fundraiser), 3) the Halloween Ghost Walk, and 4) the Film Festival. Each of those activities was supported during that period, with the Youth Theater Workshop culminating with a very successful performance at the High Street Arts Center on May 12, 2007. Relationship With Other Organizations: There is no relationship between the Applicant and the City of Moorpark, the Moorpark Redevelopment Agency of the City of Moorpark, or the High Street Arts Center. When the Applicant rents the High Street Arts Center, it pays the standard set fee of approximately $400 per day plus an hourly rate for stage manager. Page 2 ' 0000'70 THE HIGH STREET THEATER FOUNDATION Description of Activities EIN: 20- 1783998 July 16, 2007 The following is a basic description of past, present and planned activities of Applicant: What is the activity Youth Theater Workshop - Performing arts education for youths, ages 10 to 18. Who conducts the The workshop is a collaborative effort with the Boys and activity Girls Club of Moorpark. Rosemary Moffat, a director of the Applicant, oversees the classes, along with volunteer staff. When and where is The workshops are conducted at the Boys and Girls Club of the activity conducted Moorpark facility. There are two sessions, one in the Spring and one in Summer or the Fall. The Spring workshop is conducted after school 2 days per week for 10 weeks, culminating in a full workshop production at the High Street Arts Center. The summer workshop is conducted for 4 hours per day for four weeks, culminating in a full workshop production at the High Street Arts Center. Exempt purpose of The activity provides education and training for youths in activity the area of the performing arts. Percentage of total 30% time allocated to the activity How is the activity Participant fees, donations, and ticket sales from workshop funded? production performances at the High Street Arts Center. Any alternative names Spring After School Workshop for Youth; Summer Dream used On Theater Workshop for Youth Other information None about the activity Page 3 000071 THE HIGH STREET THEATER FOUNDATION EIN: 20- 1783998 July 16, 2007 What is the activity Annual Melodrama - A melodrama (a form of theater Who conducts the activity popular in the late 1800s and early 1900s) is produced When and where is the activity conducted annually. Who conducts the The directors of the applicant along with independent activity contractors and community volunteers. When and where is The Melodrama is produced annually in the Spring and is the activity conducted held over several weekends. The production is staged at local venues in Moorpark. Exempt purpose of The production fosters the local community arts. Revenue activity from the production goes to support the arts education activity of the Applicant. Percentage of total 20% time allocated to the activity How is the activity Ticket sales funded? Any alternative names Magnificent Moorpark Melodrama used Other information None about the activity What is the activity Annual Historic Haunts of High Street - A Spirited Walking Tour: A seasonal "Halloween Ghost Walk" walking tour of historic sites in Moorpark, showcasing the historic High Street Arts Center in a "ghost hunt" presentation. Who conducts the activity The directors of the Applicant oversee and script the tour and additional volunteers from the community lead the tours. When and where is the activity conducted The tour is presented annually in the last weekend of October with anywhere between 6 -12 tour times. Page 4 `0000'2 THE HIGH STREET THEATER FOUNDATION EIN: 20- 1783998 July 16, 2007 Exempt purpose of The tour raises community awareness of historical aspects activity of the old town area of Moorpark and provides family Who conducts the friendly entertainment to the community. Percentage of total 10% time allocated to the The film festival has been held the last two years for two activity evenings in the Fall at the High Street Arts Center. How is the activity Fees from admissions. funded? Moorpark college. Any alternative names None used Other information None about the activity Ticket sales. What is the activity Film Festival - Screenings of Best of the Ojai Film Festival at the High Street Arts Center Who conducts the The Applicant conducts the activity through its members activity and directors. When and where is The film festival has been held the last two years for two the activity conducted evenings in the Fall at the High Street Arts Center. Exempt purpose of The film festival promotes the arts with involvement of activity Moorpark college. Percentage of total 20% time allocated to the activity How is the activity Ticket sales. funded? Any alternative names None used Other information Moorpark College exhibits art works from students in about the activity photography and painting classes at the Film Festival. Page 5 )000'73 THE HIGH STREET THEATER FOUNDATION EIN: 20- 1783998 July 16, 2007 Facilities The Applicant occasionally rents the real property located at 45 East High Street Moorpark, California, 93021. The facility consists of the High Street Arts Center, and is rented on an as- needed, occasional basis for theatrical performances or rehearsals. Applicant's address is temporarily located at 297 W. Los Angeles Avenue, #113, Moorpark, California, 93021. When the activities of Applicant expand so as to warrant a separate office, the same will be rented from an unrelated third party. Page 6 �UUU'74 Attachment F EXHIBIT "A" ESTMIATED TECHNICAL AND FRONT OF HOUSE CHARGES ** *RATES ARE SUBJECT TO CHANGE * ** Non - Profit Fee Schedule Rate x Days Total Per Day of Rehearsal(s) $100 (Monday- Thursday) Per Day of Rehearsal(s) $150 (Friday- Sunday) Single Performance $275 (Monday- Thursday) Single Performance $375 (Friday- Sunday) Multiple Performances $250 (Monday- Thursday) Multiple Performances $325 (Friday- Sunday) Production Stage Manager $25 /hour Per Cleaning $100 Spot Light/Lamp Usage $20 /per day Screen Usage $20 /per day Box Office Use $1 /ticket sold Regular Fee Schedule Rate Per Day of Rehearsal(s) $150 (Monday- Thursday) Per Day of Rehearsal(s) $200 (Friday- Sunday) Single Performance $375 (Monday- Thursday) Single Performance $400 (Friday- Sunday) Multiple Performances $325 (Monday- Thursday) Multiple Performances $375 (Friday- Sunday) Production Stage Manager $25 /hour Per Cleaning $100 Spot Light/Lamp Usage $20 /per day Screen Usage $20 /per day Box Office Use $1 /ticket sold Total: Total: Page 9 of 13 U%S RDA MOORPARK ITEM 5.A. 799 Moorpark Avenue Moorpark, California 93021 (805) 517 -6200 OFFICE OF THE MAYOR February 15, 2008 The Honorable Janice S. Parvin, Vice Chair and the Members of the Moorpark Redevelopment Agency City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Dear Vice Chair Parvin and the Members of the Moorpark Redevelopment Agency: Attached please find a business plan and operating model for the city of Moorpark and the Moorpark Redevelopment Agency's High Street Arts Center ( "Center "). The current operating model for the Center is scheduled to be considered by the Moorpark Redevelopment Agency during its regularly scheduled meeting on Wednesday, February 20, 2008. vents. rds. PATRICK HUNTER JANICE S. PARVIN ROSEANN MIKOS KEITH F. MILLHOUSE MARK VAN DAM Mayor Mayor Pro Tem Councilmember Councilmember Councilmember THE HIGH STREET ART CENTER: A NEW BEGINNING 4w . ' A Business Plan and Operating Model Submitted to the Honorable Members of the Moorpark Redevelopment Agency Wednesday, February 20, 2008 Patrick Hunter Mayor 1. BACKGROUND ............................................................................ ..............................2 2. HIGH STREET ART CENTER FISCAL ANALYSIS — 2006/20007 SEASON AND 2007/2008 SEASON (TO DATE) ................................................. ..............................3 3. HIGH STREET ART CENTER SEATING ANALYSIS — 2006/2007 SEASON AND 2007/2008 SEASON (TO DATE) ................................................. ..............................4 4. HIGH STREET ART CENTER CONCESSION ANALYSIS — 2006/2007 SEASON AND 2007/2008 SEASON (TO DATE) ........................................ ..............................4 5. SCOPE OF BUSINESS PLAN AND OPERATING MODEL ........ ..............................5 6. FUTURE ACTIVITIES AND PRODUCTIONS AT THE ART CENTER .....................5 6.1. Track System Overview ....................................................... ............................... 5 6.2. Music Concerts ..................................................................... ..............................6 6.3. Dance Troupes ...................................................................... ..............................7 6.4. Children's Workshops ........................................................... ..............................7 6.5. Film Festivals ........................................................................ ..............................7 6.6. Melodramas ........................................................................... ..............................7 6.7. Broadway Musicals, Plays, and Vaudeville .......................... ..............................7 6.8. Theater and Music for Hispanic Community ......................... ..............................8 6.9. Series for Teens .................................................................... ..............................8 6.10. Monthly "Radio Broadcast" ................................................... ..............................8 7. CONCLUSION ................................................................................. ..............................8 1. BACKGROUND According to author and historian Jeanne Bailey (1995): One hundred years ago, Moorpark was not yet a town, but two fledgling communities, Epworth, and Fremontville, connected by a dusty, rambling road. Each of the settlements had a one -room schoolhouse serving a few dozen children. Although they had to walk, ride horses or pulled along in carts, these early pioneer children looked forward to going to school and seeing friends because it meant getting a break from farm chores.' The communities of Epworth and Fremontville have come a long way. When the city of Moorpark, California, finally incorporated on July 1, 1983 and became the County of Ventura's tenth incorporated city, two traffic signals controlled the movement of just 8,000 residents. Amenities were, limited with only one supermarket and just two municipal parks. The median price of a single - family, detached home: $145,000. Today, the city of Moorpark has grown into one of the most desirable communities in which to live, work, or raise a family in all of Southern California, and enjoys a reputation as an administratively progressive city. With a population of nearly 36,000 and an annual operating and capital improvement budget of over $62 million, this once small town has matured into a very sophisticated city. The median price of that same single - family, detached home today is five times what is was in 1983. The city of Moorpark enjoys an exceptionally low crime rate and has been honored as the safest city in Ventura County for twelve consecutive years. It recently ranked as high as fourth on the state of California's list of the safest cities.2 The city of Moorpark takes pride in an exceptional unified school district, a district comprised of teachers, administrators, and parents who understand what is necessary to prepare our children to meet the exciting challenges of the new century. The Moorpark Academic Decathlon Team has won the national championship twice in the last seven years and, in 2008, will once again compete for the state championship in Santa Ana, CA. The city of Moorpark is home to the Ventura County Community College District's Moorpark College and the nationally renowned Exotic Animal Training Management Program (EATM) which draws students (and visitors) from across the country and around the world. The city of Moorpark now has 36,000 residents, 75 full -time equivalent employees, 16 municipal parks... ' Bailey, J. (1996). Moorpark Schools - Centennial Retrospective: 1895 -1995. Moorpark, CA. 2 For its size. 2 and 1 underachieving art center! On August 1, 2005, the Moorpark Redevelopment Agency ( "Agency ") purchased the Theater on High Street for $1.25 million. The theater was subsequently re -named the High Street Art Center ( "Center"). The Center, formerly known as the Moorpark Melodrama and the Galaxy Theater, has been a building of historical and cultural significance since its construction in 1927. The Center has survived abandonment and years of neglect, significant seismic activity and subsequent damage, and general deterioration, but has also provided an excellent venue first for films and, later, live performances. The facility has played an important role in the redevelopment of Moorpark's downtown area and is an important component in the revitalization of the area. 2. HIGH STREET ART CENTER FISCAL ANALYSIS — 2006/20007 SEASON AND 2007/2008 SEASON (TO DATE) On April 7, 2006, the members of the Moorpark Redevelopment Agency were presented with a staff report summarizing a proposed budget for the Center's operation (attachment 1). The staff report concluded that the Center was expected to require a subsidy of $100,000 per year for the first three years (after which time the operation would be re- evaluated) from the Moorpark Redevelopment Agency's tax increment funds. This financial plan was approved by a majority vote (4 -1) of the Moorpark Redevelopment Agency (Mayor Hunter cast the lone dissenting vote). I argued at the time that any expenditure of public funds was a serious undertaking and providing conservative stewardship of the public's money should never be taken lightly. In addition, I argued that in order to prove successful, the Center must "lose" no more than $99,000 per year. This, I asserted, was a dangerous precedent to establish and such a low standard of performance was not something I believed the taxpayers were expected to tolerate. Unfortunately, the staff report presented to the members of the Agency grossly under - estimated the level of financial subsidy required. A financial analysis has revealed that the report under - estimated expenses by approximately $20,000 and over - stated revenue by approximately $50,000, a difference of approximately $70,000 in the first year alone. The level of financial subsidy needed to operate the Center is now expected to exceed the projected subsidy by at least 40 percent. Revised projections now indicate the level of subsidy — initially estimated to reach $300,000 in the first 36 months of operation — are projected to reach $420,000. On average, the Agency is now subsidizing the Center at rate of $11,666 per month! To exacerbate the situation, the funds used to subsidize the operation are Moorpark Redevelopment Agency tax increment funds which, while targeting economic development projects in the defined project area, could be used in other, far more meaningful ways, 3 including, but not limited to, food, clothing, and shelter for disadvantaged individuals and families. 3. HIGH STREET ART CENTER SEATING ANALYSIS — 2006/2007 SEASON AND 2007/2008 SEASON (TO DATE) The Center has a maximum seating capacity of 270 individuals. In the 2006 -2007 theater season, the Center produced a total of 67 individual shows. Of those 67 shows, 24 - or a full 36 % of the total shows produced - failed to achieve just 20% of the Center's seating capacity. In other words, in 36% of the productions offered in 2006/2007, 54 people or less were in attendance. (Attachment 2 details season attendance.) Similarly, in the 2006/2007 season, in those same individual 67 shows, 4 - or 6% of the total shows produced - failed to achieve even 10 % of the Center's seating capacity. In other words, in 6% of the productions offered in 2006/2007, 27 people or less were in attendance. Oftentimes, the cast outnumbered the audience! In the 2007 -08 theater season,3 the Center produced a total of 52 shows. Of those 52 shows, 23 - or a full 44% of the total shows produced - failed achieve just 20% of the Center's seating capacity. In other words, in 44% of the productions offered in 2007/2008, 54 people or less were in attendance. Similarly, in the 2007/2008 season, in those same 52 shows, 11 - or 21 % of the total shows produced - failed to achieve even 10 % of the Center's seating capacity. In other words, in 21 % of the productions offered in 2007/2008, 27 people or less have been in attendance. If we take both seasons combined, 47 of the 119 shows produced so far have failed to achieve just 20% of the Center's seating capacity while 15 of the 47 shows failed to achieve even 10% of the Center's capacity. 4. HIGH STREET ART CENTER CONCESSION ANALYSIS — 2006/2007 SEASON AND 2007/2008 SEASON (TO DATE) The lack of concession revenue continues to plague the Center's operation. It is generally accepted in the entertainment industry that when a family of 4 goes to the movies, there is a general expectation that concession revenue will reach an average of 40% of an individual ticket price. In other words, consumers are expected to spend an additional 40% of their ticket price on consumables.4 Unfortunately, that is not the case with the Center. 3 To date. 4 Regal Entertainment Group Reports Results for Fourth Quarter 2007 and Declares Quarterly Dividend - http: / /news.moneycentral.msn.com /ticker /article.aspx? Feed =BW& Date = 20080207 &ID = 8153850 &Symbol =RGC 4 During the 2006/2007 theater season, the percentage of concessions when compared to the box office total was only 11.36 %. In the 2007/2008 season (to date), the number grew to 12.98 %. In other words, during the 2006/2007 season, Center guests spent an average of just $1.43 per person at the concession stand. During the 2007/2008 season (to date), that number has fallen to $1.36. After combining both seasons, the average guest spends just $1.40 at the concession stand, well below the 40% expectation. Because the Center currently charges $15.00 per ticket, there is an expectation that an additional $6.00 would be spent at the concession stand. 5. SCOPE OF BUSINESS PLAN AND OPERATING MODEL The scope of this business plan and operating model ( "Plan ") is based on one underlying premise: the High Street Art Center is an underachieving venue whose full potential will never be realized because the business model and operating model under which it now operates promotes and rewards inefficiency, ineffectiveness, and wasteful government spending. Therefore, this business plan and operating model presents a plan designed to promote efficiency, effectiveness, and sound stewardship of public funds. Consequently, this plan is designed to address three primary goals: 1) Increase use of the facility (efficiency); 2) Provide access to a wider variety of community groups, organizations, and interests (effectiveness); and, 3) Reduce operating costs of the facility (sound stewardship of public funds). 6. FUTURE ACTIVITIES AND PRODUCTIONS AT THE ART CENTER 6.1. Track System Overview The current operating model assumes the Center is designed to showcase the facility as a serious venue for semi - professional productions. Unfortunately, the overwhelming majority of the public is unaware the Center even exists. The primary objective of this model is to get more community members into the Center to better realize its potential. The criteria for the proposed programs are driven by usefulness and accessibility to the community. While the production of semi - professional theater performances is a laudable goal, it should not be the sole genre offered. Anyone who has ever attended a professional or business seminar is aware of the premise upon which the program is developed. Oftentimes, professional seminars are developed around a "track" system wherein 5 attendees are afforded the opportunity to enhance their skills and /or knowledge in one specific area. For example, many professional seminars contain a "novice" track for those who are new to the field and are seeking basic information. The "legal" track is created for legal professionals. Consequently, the sessions in the "legal" track are designed for attorneys and those who wish to enhance their understanding of related legal concepts. The "leadership" track is designed for those who are expected to promote to positions of leadership or wish to receive additional information on how the items presented relate to leadership concepts. While this is not an exhaustive list, the idea is clear. In order to increase the attendance at the Center, the types of shows produced at the Center must be expanded. While the Center has staked its early reputation on expensive, semi - professional productions, this strategy has now proven to be ineffective. Consequently, in order to increase the attendance at the Center, a broader range of productions must be offered. The types of productions envisioned include many forms of entertainment such as children's theater, local dance troupes, karate demonstrations, concerts, films melodrama, musicals, and plays. Types of shows can be grouped by category and scheduled as a series — or track. For example, a children's track can be created to consist of shows for children. A Spanish language track can be developed to create a series of shows for the Hispanic community. A melodrama track would consist of a series of performances reminiscent of old melodrama productions previously produced at the Center. Each track would consist of between 4 -6 performances. Those with an interest in a particular track would receive targeted information about that individual track. For example, parents of children may have an interest in the child's track and, consequently, would receive information on that specific track (e.g., upcoming performances, ticket prices, etc.). As an added feature of the track concept, subscriptions could be offered to individual tracks with discounts available to those who subscribe to one or more tracks. The following sections summarize some of the genres that can be effectively divided into a track series: 6.2. Music Concerts The Center has successfully presented concerts of rock acts that no longer fill stadiums including acts such as Arlo Guthrie, Richie Havens, and John Sebastian. Larry Janss /Gold Coast Productions is an excellent resource for expanding this concept. 6.3. Dance Troupes The Center could be used for various dance troupes who would rent the facility for practices and performances. 6.4. Children's Workshops A series of children's workshops could be supported by local organizations such as the Steve Robertson Youth Theater Workshop, the Curtain Call theater workshop, the Grace Brethren Players, and Center Stage Kids. Home school programs, similar to those conducted in Santa Clarita and Camarillo, could be coordinated with programs offered by the Moorpark Unified School District. Existing children's programs could be sought from other jurisdictions including the Community Educational Series, the Ventura County Children's Series (www.ptgo.org) and California Theater ( www.ctcinc.org). 6.5. Film Festivals The Best of the Ojai Film Festival has been screened for two years in cooperation with Moorpark College. There is a potential for expanding film festivals with both Ojai and Moorpark College. A regularly scheduled dinner and a movie program can also be explored. 6.6. Melodramas The theater has a reputation with supporters of the Melodrama art form and an established regional clientele. A number of companies have supported the production of Melodramas over the last three years. Original melodramas like "Sleeping Beauty" or "Aladdin" do not require royalties other than music licenses and are, therefore, relatively inexpensive to produce. Melodramas are consistent with the objectives of this plan in that they (1) expand the genre opportunities and, (2) provide community theater that is both topical and amusing. 6.7. Broadway Musicals, Plays, and Vaudeville Classical musical such "The Music Man," "Grease," or "The Sound of Music" are consistently popular. Cooperative ventures can be organized with the Ojai Playwrights Festival which is currently operating and the Humana New Plays Festival though which existing productions can be scheduled for showcase presentations. 6.8. Theater and Music for Hispanic Community The Hispanic community has been completely overlooked in the current operation model. A host of programs are available to better serve the Hispanic population. Programs could be offered in both Spanish and English. 6.9. Series for Teens Teen events in Moorpark have been successful with the Battle of the Bands and local band night. These events could easily be moved to the Center. Events similar to those supported by the Thousand Oaks Youth Program can be introduced, including the Rock the Oaks, a local band showcase, and the Therapeutic Dance Annual for special needs teens. 6.10. Monthly "Radio Broadcast" Original radio programming can be presented live and broadcast either live or at a later date over the radio in cooperation with NPR station KCLU -FM,. The show could either charge for tickets to a live audience or make the show available for free to the community, to build public awareness of the venue. 7. CONCLUSION After 18 months, it is now clear the Center has failed to achieve every established financial goal. It is spending more money than was anticipated (expenses), it is taking in less money than was anticipated (revenue) and, while not an established goal, an average of 81 guests per performance fails to meet even the most mediocre standard (operations). This plan was developed with one main objective: enhancing the attendance at the Center by expanding the availability of the facility. Such an objective is in the best interest of the community in that provided greater stewardship of public funds. E:3 ATTACHMENT 1 MOORPARK REDEVELOPMENT AGENDA REPORT TTF.NI 4. A.�- CITY OF MOORPARK. CALIFORNIA Redevelopment Agency Meeting of 'S� _ - �' DO & ACTION: W d&a 1�c Pet i✓y To: Honorable Agency Board of Directors From: David C. Moe II, Redevelopment Manager Date: April 7, 2006 (Special Agency Meeting of 4/26/06) Subject: Consider Contract for Theater Management Services and Resolution Amending the Fiscal Year 2005/2006 Budget BACKGROUND The Moorpark Redevelopment Agency acquired the Theater on High Street from Larry Janss on August 1, 2005, in an effort to preserve a venue for live performances in the downtown. Agency staff researched several local theaters to determine the feasibility of renting the theater to a theater management company. Staff concluded that a theater management company would be able to rent the theater from the Agency, operate the theater, and still be financially stable. Request for proposals ( "RFP ") were sent out to several theater management companies inviting them to submit a proposal to manage the theater. Several proposals were received-, however, none adequately addressed the RFP for the operation of the theater. The Agency continued to receive additional proposals from individuals and companies interested in managing the theater. The Theater Ad Hoc Committee (Mayor Pro Tern Mikos and Council Member Harper) ( "Committee ") reviewed all of the proposals. Still none of the proposals adequately addressed the RFP for operating the theater. The Committee determined that there is a great deal of risk to start a new theater company. This determination was supported by the number of proposals received in response to the RFP requesting an operating subsidy from the Agency. The Committee decided to change the focus from finding a theater manager company to operate the theater to hiring a Consultant to manage the theater. The Committee selected six candidates who had submitted proposals. Interviews were conducted on January 27, 2006. Each of the six candidates was asked to develop a proposed theater season and budget detailing the expenses and revenue. Three of the six candidates submitted the requested information. On February 15, 2006, the 000001 Honorable Agency Board of Directors April 19, 2006 Page 2 Committee reviewed the information the three candidates submitted and recommended one be retained as an independent contractor to manage the theater. DISCUSSION Staff has prepared a draft contract for theater management services ( "Attachment 1). The individual entering into this contract ( "Consultant ") with the Agency would be an independent contractor. The Consultant would be responsible for the daily operations, planning and management of the theater. The Agency would fund the theater's building maintenance, property maintenance, capital improvements and cost of the contract for the Consultant. It is estimated that the cost directly associated with the theater season would be offset by the revenue generated by the theater's activities. Fiscal control of the theater would be managed by the Agency. The Consultant would prepare a draft budget for the operation of the theater. The Agency would review the theater's proposed budget and approve it or make changes based upon available resources and Agency goals and objectives. Agency staff would monitor the theater budget throughout the fiscal year. All expenditures will be approved by the Agency and paid directly to the vender or service provider. The Consultant would be responsible for establishing a "theater season ". It is estimated that 4 -5 different shows would be conducted at the theater during the fiscal year. The shows would be produced by the Consultant or co- produced with a theater company. The revenue produced from the concession stand and ticket sales would be used to offset the production cost of the theater season. Unfortunately, at least initially, the theater will not be able to support itself financially. Attachment "II" is a proposed three year operating budget for the theater. The three year budget has an operating deficit of approximately $100,000 per year. The deficit would need to be financed by the Agency. In addition, the current budget will need to be amended to provide sufficient funds for the theater manager contract as detailed in Attachment III. Entering into a contract for theater management will provide the theater with professional services needed for it to be successful. The theater could then play a vital role in revitalizing the Moorpark Redevelopment Project Area by bringing people downtown to dine, socialize, and be entertained. Currently, the theater does not have sufficient staffing for it to be successful. Agency staff is reacting to the day to day needs of the theater in addition to their normal redevelopment duties. As a result, the theater is not promoted and outreach to theatrical companies is not being made. The primary user of the theater has been the L uC10U2 Honorable Agency Board of Directors April 19, 2006 Page 3 High Street Theater Foundation ( "Foundation "). The Foundation is bringing live entertainment to Moorpark, but only renting the theater for one or two weekends a month. By providing proper management, events and plays could be taking place more frequently downtown and a theater season could be developed. A late proposal to lease the theater has been submitted by the Granada Theater Company. The theater company is proposing to lease the theater to develop a theater season consisting of 4 -5 productions. This proposal presents an opportunity to have two theater seasons operating out of the theater, which would be coordinated by the Consultant. STAFF RECOMMENDATION (ROLL CALL VOTE) Approve contract for theater management services subject to final language approval by Executive Director and Agency Counsel and approve Resolution No. 2006, amending the fiscal year 2005/2006 budget ( "Attachment III "). Attachment I Theater Management Contract Attachment 11 Estimated Three Year Theater Budget Attachment III Resolution Amending Fiscal Year 2005/2006 Budget urM1003 ATTACHMENT I AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this day of , 2006, 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 theater 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. CONSULTANT shall submit payment requests on a bi- weekly 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. III. 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. E 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 original documents, designs, drawings, reports, logos, diskettes, 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 made available to AGENCY upon 24 hours notice for duplications and retention of duplicates. 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 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. G. Payment to CONSULTANT shall be made by AGENCY within 10 days of receipt of invoice, except for those which are contested or questioned and returned by AGENCY, with written explanation within 10 days of receipt of 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. - -2 -- H. 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 P.O. Box 2441 Toluca Lake, CA 91610 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. 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. --3-- 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. 0. 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 AGENCY or its Area of Interest, and further agrees that she shall provide no service or enter into any contract 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 AGENCY or its Area of Interest, prior to completion of the term of this Agreement. CONSULTANT further agrees she shall provide no service or enter into any contract with any individual or entity that has a contract to provide services, materials, or equipment to AGENCY without the prior written consent of the Executive Director. 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 Theater on High Street. The Executive Producer or designee shall approve all performances at the Theater on High Street 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 --4-- have the authority to lease the theater to other theater groups for a single production or theater season. IV. RESPONSIBLE INDIVIDUAL The individual directly responsible for CONSULTANT'S overall performance of the contract 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 April , 2006. Moorpark Redevelopment Agency CONSULTANT Steven Kueny L. J. Stevens Executive Director Date ATTEST: Deborah S. Traffenstedt Agency Secretary - -5 -- Date EXHIBIT A ADMINISTRATIVE AND MANAGEMENT SERVICES A. Services The following services ( "SERVICES ") are to be performed by the CONSULTANT for management of the theater: 1. Assume management responsibility for assigned services and activities of the theater 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 assigned programs; recommend and administer 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 theater services and activities. 5. Submit all invoices to the Agency for approval and payment. 6. Represent the theater to councils, commissions, the community, service groups, and a variety of outside organizations and agencies. 7. Oversee, promote and coordinate specific activities within the theater program; prepare program events and facility marketing material including news releases, flyers, schedules of events, pamphlets, and brochures. 8. Select four plays or musicals to produce or co- produce a theater season and other productions as needed to help fulfill the Theater on High Street's mission. 9. Submit production budgets to the Theater Oversight Committee for approval prior to beginning work for any performance, including, but not limited to, staffing, materials and advertising. 10. Supervise independent contractors and volunteers working at the theater; ensure follow through on work assignments. 11. Participate in the development and administration of the theater's annual budget; participate in the forecast of funds needed for staffing, equipment, materials, and supplies; implement adjustments. 12. Work with the Theater Ad Hoc Committee to explore the possibility of changing the name of the Theater on High Street. 13. Work with various communities groups and coordinate several community celebrations and festivals as assigned by the Executive Producer. 14. Other assignments as directed by the Executive Director. B. Monthly Status Reports CONSULTANT shall provide the AGENCY a Monthly Status Report detailing all theater activities. D. Compensation AGENCY shall pay CONSULTANT $5,000 per month from the date the AGENCY issues the notice to proceed to June 30, 2007, for SERVICES; compensation paid to the CONSULTANT for SERVICES after June 30, 2007, will be negotiated between the AGENCY and CONSULTANT. E. 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. F. General Provisions 1. 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 theater. 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. Insurance: CONSULTANT shall provide the AGENCY with a Certificate of Insurance showing proof of automobile liability and property damage insurance coverage for limits amounts acceptable to the AGENCY. Said Insurance Certificate shall name the AGENCY as "Also Insured ". CONSULTANT shall not be required to provide any other insurance coverage to the AGENCY. 3. Facilities and Clerical Assistance: AGENCY shall provide a work space and related office equipment for CONSULTANT as deemed appropriate and clerical assistance for access and management of AGENCY records related to services provided by CONSULTANT. 4. 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. --7-- ATTACHMENT I SCHEDULE OF PERFORMANCE FISCAL YEAR 2006/2007 Anticipated Start Date 1- May -06 ITEM TARGET ACTUAL Assess Theater and provide list of needed updates and improvements 15-May-06 Office Set Up 30- Jun -06 Develop Theater Season 30- Jun -06 Produce Show #1 1-Sep-06 Produce Show #2 2- Dec -06 Produce Show #3 1- Mar -07 Produce Show #4 1- Jun -07 Develop Adult Workshop 1- Mar -07 Develop youth Workshop 1- Mar -07 Market Theater 30- Jul -06 Not eligible for grants until we Research Grants form a 501 C -3 Miscellaneous Revenue Generated by Renting Theater on "Dark Dates" $15,000 Number of Theater Tickets Sold 6,710 Average Number of Theater Tickets Sold per Show /Number of Theater Seats 0,39 Gross Revenue from Concession Stand $31,500 w Q Q THEATER ON HIGH STREET ESTIMATED THREE YEAR BUDGET SUMMARY Year 1 Year 2 Year 3 Expenses 105,180 108,824 112,650 Revenue 136,590 150,450 166,027 Profit 313410 413626 537377 Items transferred to Agency Budget 118A00 122,700 126,950 Total Theater Budget 223,580 231,524 239,600 THEATER ON HIGH STREET REVENUE Revenue DETAILS Source Year 1 Year 2 Year 3 Average tickets sold per show increases to 125 in year two and 142 in year three Baby Production 27,720 31,500 35,784 Average 110 tickets sold at-PI 4 for 18 shows -39% Occu anc Don't Dress Production 27,720 31,500 35,784 Average 110 tickets sold at $14 for 18 shows -39% Occupancy Victor Production 27,720 31,500 35,784 Average 110 tickets sold at $14 for 18 shows -39% Occupancy Xmas Melodrama (Co- produced) 6,930 7,875 8,946 Average 110 tickets sold at $14 for 9 shows; 50/50 profit-39% Occupancy Miscellaneous Rental 15,000 15,000 15,000 Youth and Adult Workshops/Misc. Rentals Concessions Revenue 31,500 1 33,075 34,729 Profit at 3 times the cost $500 Gross per show Total 136,590 1 150,450 166,027 THEATER ON HIGH STREET EXPENSES Expenses - DETAILS Item Year 1 Year 2 Year 3 Concession Supplies 10,500 11,025 11,576 General Office Supplies 200 200 200 Due & Subscriptions 500 500 500 Technical Supplies /Equipment Rental 2,500 2,500 2,500 Office Equipment 500 500 500 Telephone 3,600 3,600 3,600 General Advertising 10,000 10,000 10,000 General Advertising for theater season Postage 3,000 3,000 3,000 Printing 7,000 7,000 7,000 Production Cost 62,380 65,499 68,774 Actor Sti end 5,000 5,000 5,000 Total 105,180 108,824 1 112,650 Items transferred to Agency Budget Expenses DETAILS Item Year 1 Year 2 Year 3 Managing Director 60,000 63,000 66,150 Janitorial Services /Supplies 6,000 6,000 6,000 Electric 12,000 13,000 14,000 Water 2,700 3,000 3,100 Fire/Burglar Alarm 2,100 2,100 2,100 Building Maintenance 5,000 5,000 5,000 Equipment Maintenance 12,000 12,000 12,000 Capital Improvements 15,000 15,000 15,000 Property Maintenance 3,600 3,600 3,600 AGENCY TOTAL_ TOTAL_ THEATER BUDGET 118,400 122,700 126,950 223,580 231,524 239,600 ATTACHMENT III RESOLUTION NO. 2006 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2005/2006 BUDGET BY APPROPRIATING $10,000 FROM THE MRA AREA 1 - OPERATIONS FUND (2902) TO FUND THE COSTS TO HIRE A CONSULTANT TO MANAGE THE THEATER ON HIGH STREET WHEREAS, on June 15, 2005, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2005/2006; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to hire a consultant to manage the Theater on High Street; and WHEREAS, the Board of Directors of the Redevelopment Agency of the City of Moorpark now wishes to amend the adopted budget to reflect the cost of $10,000 to hire the consultant. NOW, THEREFORE, 'THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the total amount of $10,000 from the MRA Area 1 - Operations Fund, more particularly 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 19th day of April, 2006. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibit "A" - Budoet Amendment Detail EXHIBIT A BUDGET AMENDMENT FOR MRA AREA 1 - Operations FY 2005 -06 FUND ALLOCATION FROM: Fund Account Number Amount MRA Area 1 - Operations 2902 -5500 $ 10,000.00 $ 10,000.00 $ 12,500.00 Total $ 10,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2902.2410.5030.9103 $ 2,500.00 $ 10,000.00 $ 12,500.00 Total 1 $ 2,500.00 1 $ 10,000.00 1 $ 12,500.00 Approved as to Form: ATTACHMENT 2 High Street Arts Center 06/07 Season - Attendance Paid Tickets Comp Tickets Box Office Concessions BARNUM September 22, 2006 82 30 $ 962.00 $ 202.00 September 23, 2006 45 9 $ 625.00 $ 71.00 September 24, 2006 57 1 $ 696.00 $ 127.00 Weekend Subtotals: 184 40 $ 2,283.00 $ 400.00 September 29, 2006 54 5 $ 708.00 $ 77.00 September 30, 2006 38 1 $ 485.00 $ 95.00 October 1, 2006 62 11 $ 746.00 $ 172.00 Weekend Subtotals: 154 17 $ 1,939.00 $ 344.00 October 6, 2006 _ 43 7 $ 822.00 $ 98.00 October 7, 2006 110 22 $ 1,127.00 $ 259.00 October 8, 2006 64 9 $ 790.00 $ 136.00 Weekend Subtotals: 217 38 $ 2,739.00 $ 493.00 October 13, 2006 71 0 $ 726.00 $ 105.00 October 14, 2006 108 10 $ 1,310.00 $ 152.00 October 15, 2006 128 14 $ 1,514.00 $ 191.00 Weekend Subtotals: 307 24 $ 3,550.00 $ 448.00 October 20, 2006 47 2 $ 645.00 $ 111.00 October 21, 2006 109 13 $ 1,357.00 $ 213.00 October 22, 2006 103 13 $ 1,297.00 $ 202.00 Weekend Subtotals: 259 28 $ 3,299.00 $ 526.00 October 27, 2006 64 5 $ 844.00 $ 119.00 October 28, 2006 129 9 $ 1,559.00 $ 226.00 October 29, 2006 117 12 $ 1,426.00 $ 190.00 Weekend Subtotals: 310 26 $ 3,829.00 $ 535.00 Run Total: 15431 173 $ 17,639.00 $ 2,746.00 < 20% Capacity < 10% Capacity High Street Arts Center 06/07 Season - Attendance Paid Tickets Comp Tickets Box Office Concessions A CHRISTMAS CAROL December 8, 2006 86 10 $ 1,554.00 $ 160.00 December 9, 2006 34 0 $ 584.00 $ 86.00 December 10, 2006 75 0 $ 1,314.00 $ 80.00 Weekend Subtotals: 195 10 $ 37452.00 $ 326.00 December 15, 2006 70 9 $ 1,377.00 $ 130.00 December 16, 2006 68 5 $ 1,242.00 $ 110.00 December 17, 2006 129 9 $ 2,128.00 $ 150.00 Weekend Subtotals: 267 23 $ 4,747.00 $ 390.00 December 21, 2006 138 14 $ 2,374.00 $ 209.00 December 22, 2006 127 23 $ 2,244.00 $ 191.00 December 23, 2006 - 2 p.m. 97 2 $ 1,670.00 $ 110.00 December 23, 2006 - 8 p.m. 99 14 $ 1,731.00 $ 206.00 Weekend Subtotals: 461 53 $ 8,019.00 $ 716.00 Run Total: 923 86 $ 16,218.00 $ 1,432.00 • • High Street Arts Center 06/07 Season - Attendance • • Paid Tickets Comp Tickets Box Office Concessions • COMPLETE WORKS OF WILLIAM SHAKESPEARE - ABRIDGED February 23, 2007 49 10 $ 599.00 $ 51.00 February 24, 2007 73 4 $ 1,030.00 $ 180.00 February 25, 2007 11 5 $ 156.00 $ 27.00 Weekend Subtotals: 133 19 $ 1,785.00 $ 258.00 . March 2, 2007 53 9 $ 623.00 $ 85.00 March 3, 2007 146 17 $ 1,704.00 $ 220.00 March 4, 2007 64 2 $ 771.00 $ 103.00 Weekend Subtotals: 263 28 $ 3,098.00 $ 408.00 March 9, 2007 61 5 $ 763.00 $ 132.00 • March 10, 2007 77 6 $ 1,066.00 $ 103.00 • March 11, 2007 50 1 $ 618.00 $ 61.00 Weekend Subtotals: 188 12 $ 29447.00 $ 296.00 March 16, 2007 55 14 $ 721.00 $ 118.00 March 17, 2007 124 13 $ 1,569.00 $ 231.00 March 18, 2007 54 5 $ 702.00 $ 104.00 • Weekend Subtotals: 233 32 $ 2,992.00 $ 453.00 March 23, 2007 77 0 $ 719.00 $ 125.00 March 24, 2007 159 0 $ 1,765.00 $ 190.00 March 25, 2007 161 0 $ 1,656.00 $ 175.00 Weekend Subtotals: 397 0 $ 4,140.00 $ 490.00 • Run Totals: 1,214 91 $ 145462.00 $ 1,905.00 • • • • • • • High Street Arts Center 06/07 Season - Attendance Paid Tickets Comp Tickets Box Office Concessions ALWAYS PATSY CLINE April 13, 2007 51 3 $ 832.00 $ 82.00 April 14, 2007 83 11 $ 1,220.00 $ 114.00 April 15, 2007 47 6 $ 794.00 $ 87.00 Weekend Subtotals: 181 20 $ 2,846.00 $ 283.00 April 20, 2007 62 4 $ 1,008.00 $ 83.00 April 21, 2007 150 4 $ 2,352.00 $ 110.00 April 22, 2007 83 5 $ 1,306.00 $ 41.00 Weekend Subtotals: 295 13 $ 4,666.00 $ 234.00 April 27, 2007 82 8 $ 1,428.00 $ 94.00 April 28, 2007 136 7 $ 2,318.00 $ 160.00 April 29, 2007 181 2 $ 2,886.00 $ 152.00 Weekend Subtotals: 399 17 $ 6,632.00 $ 406.00 Run Totals: 875 50 $ 14,144.00 $ 923.00 High Street Arts Center 06/07 Season - Attendance Paid Tickets Comp Tickets Box Office Concessions $ 6,412.00 Actual HSAC Profit Share LAST OF THE RED HOT LOVERS May 18, 2007 13 3 $ 189.00 $ 25.00 May 19, 2007 44 3 $ 515.00 $ 60.00 May 20, 2007 19 0 $ 237.00 $ 12.00 Weekend Subtotals: 76 6 $ 941.00 $ 97.00 May 25, 2007 22 3 $ 294.00 $ 40.00 May 26, 2007 33 3 $ 437.00 $ 50.00 May 27, 2007 28 3 $ 357.00 $ 30.00 Weekend Subtotals: 83 9 $ 1,088.00 $ 120.00 June 1, 2007 37 0 $ 489.00 $ 60.00 June 2, 2007 42 23 $ 535.00 $ 102.00 June 3, 2007 51 0 $ 630.00 $ 60.00 Weekend Subtotals: 130 23 $ 1,654.00 $ 222.00 June 8, 2007 29 11 $ 366.00 $ 79.00 June 9, 2007 106 12 $ 1,258.00 $ 196.00 June 10, 2007 100 10 $ 1,180.00 $ 125.00 Weekend Subtotals: 235 33 $ 2,804.00 $ 400.00 June 15, 2007 49 18 $ 624.00 $ 82.00 June 16, 2007 83 8 $ 1,056.00 $ 105.00 June 17, 2007 60 2 $ 743.00 $ 77.00 Weekend Subtotals: 192 28 $ 2,423.00 $ 264.00 Run Totals: 716 99 $ 8,910.00 $ 1,103.00 SEASON TOTALS: 5,159 499 $ 63,641.00 $ 8,109.00 Total Revenue (Box Office /Concessions): $ 71,750.00 *The totals on this spreadsheet will vary from the operating financial statements, as this spreadsheet does not take into consideration rental income, rental concessions, or any profit sharing that may occur for any of the rental events. High Street Arts Center Attendance - 07/08 Season All Shows /All Seasons Totals Paid Tickets Comp Tickets Box Office Concessions < 20% Capacity BYE, BYE BIRDIE < 10% Capacity August 10, 2007 85 16 $ 1,043.00 $ 131.00 August 11, 2007 49 13 $ 645.00 $ 95.00 August 12, 2007 91 23 $ 1,092.00 $ 135.00 Weekend Totals: 225 52 $ 2,780.00 $ 361.00 August 17, 2007 70 11 $ 846.00 $ 102.00 August 18, 2007 83 6 $ 109.00 $ 142.00 August 19, 2007 94 21 $ 1,165.00 $ 159.00 Weekend Totals: 247 38 $ 2020.00 $ 403.00 August 24, 2007 79 7 $ 995.00 $ 98.00 August 25, 2007 65 14 $ 855.00 $ 113.00 August 26, 2007 81 9 $ 953.00 $ 93.00 Weekend Totals: 225 30 $ 2,803.00 $ 304.00 August 31, 2007 91 13 $ 1,092.00 $ 170.00 September 1, 2007 118 8 $ 1,535.00 $ 183.00 September 2, 2007 84 6 $ 1,043.00 $ 200.00 Weekend Totals: 293 27 $ 3,670.00 $ 553.00 September 7, 2007 89 3 $ 1,097.00 $ 90.00 September 8, 2007 180 28 $ 1,946.00 $ 260.00 September 9, 2007 139 8 $ 1,684.00 $ 205.00 Weekend Totals: 408 39 $ 4,727.00 $ 555.00 September 14, 2007 142 3 $ 1,767.00 $ 220.00 September 15, 2007 132 20 $ 1,666.00 $ 207.00 September 16, 2007 140 6 $ 1,702.00 $ 230.00 Weekend Totals: 414 29 $ 5,135.00 $ 657.00 Run Totals: 1,812 215 $ 21,235.00 $ 2,833.00 High Street Arts Center Attendance - 07/08 Season All Shows /All Seasons Totals Paid Tickets Comp Tickets Box Office Concessions < 20% Capacity VICTOR October 5, 2007 27 13 $ 316.00 $ 80.00 October 6, 2007 19 10 $ 266.00 $ 45.00 October 7, 2007 27 3 $ 340.00 $ 52.00 Weekend Totals: 73 26 $ 922.00 $ 177.00 October 12, 2007 25 5 $ 262.00 $ 89.00 October 13, 2007 23 10 $ 306.00 $ 55.00 October 14, 2007 25 3 $ 317.00 $ 25.00 Weekend Totals: 73 18 $ 885.00 $ 169.00 October 19, 2007�� ^ 54 11 $ 650.00 $ 160.00 October 20, 2007 79 15 $ 935.00 $ 145.00 October 21, 2007 show cancelled due to fires Weekend Totals: 133 26 $ 1,585.00 $ 305.00 October 26, 2007 25 2 $ 330.00 $ 52.00 October 27, 2007 45 9 $ 623.00 $ 50.00 October 28, 2007 39 6 $ 517.00 $ 60.00 Weekend Totals: 109 17 $ 1,470.00 $ 162.00 November 2, 2007 53 10 $ 626.00 $ 100.00 November 3, 2007 128 17 $ 1,532.00 $ 208.00 Weekend Totals: 181 27 $ 2,158.00 $ 308.00 Run Totals: 569 114 $ 7,020.00 $ 1,121.00 j • High Street Arts Center Attendance - 07/08 Season All Shows /All Seasons Totals . Paid Tickets Comp Tickets Box Office Concessions < 20% Capacity MARLEY'S GHOST • November 23, 2007 61 6 $ 814.00 $ 64.00 November 24, 2007 48 12 $ 623.00 $ 60.00 November 25, 2007 16 2 $ 192.00 $ 21.00 • Weekend Totals: 125 20 $ 1,629.00 $ 145.00 November 30, 2007 24 10 $ 299.00 $ 32.00 December 1, 2007 46 5 $ 597.00 $ 60.00 December 2, 2007 50 5 $ 588.00 $ 75.00 Weekend Totals: 120 20 $ 1,484.00 $ 167.00 December 7, 2007 40 17 $ 550.50 $ 65.00 • December 8, 2007 84 15 $ 1,029.00 $ 101.00 December 9, 2007 40 2 $ 535.00 $ 70.00 Weekend Totals: 164 34 $ 2,114.50 $ 236.00 • December 14, 2007 73 23 $ 915.00 $ 75.00 December 15, 2007 85 22 $ 1,037.00 $ 102.00 • December 16, 2007 77 11 $ 936.00 $ 120.00 '• Weekend Totals: 235 56 $ 2,888.00 $ 297.00 December 21, 2007 105 16 $ 1,287.00 $ 142.00 December 22, 2007 119 16 $ 1,578.00 $ 140.00 !� December 23, 2007 196 28 $ 2,421.00 $ 262.00 Weekend Totals: 420 60 $ 5,286.00 $ 544.00 r, Run Totals: 1,064 190 $ 13,401.50 $ 1,389.00 [0 • High Street Arts Center Attendance - 07/08 Season All Shows /All Seasons Totals Paid Tickets Comp Tickets Box Office Concessions < 20% Capacity ON GOLDEN POND February 1, 2008 63 2 $ 709.00 $ 85.00 February 2, 2008 18 6 $ 171.00 $ 62.00 February 3, 2008 17 4 $ 188.00 $ 30.00 Weekend Totals: 98 12 $ 1,068.00 $ 177.00 February 8, 2008 43 10 $ 472.50 $ 62.00 February 9, 2008 39 6 $ 426.50 $ 86.00 February 10, 2008 66 3 $ 753.50 $ 90.00 Weekend Totals: 148 19 $ 1,652.50 $ 238.00 Run Totals: 246 31 $ 2,720.50 $ 415.00 SEASON TOTALS - so far: 3,691 550 $ 44,377.00 $ 5,758.00 Total Revenue (Box Office /Concessions): $ 50,135.00 SEASON TOTALS - All Shows 8,850 1,049 $108,018.00 $ 13,867.00 BOTH SEASONS Total Revenue (Box Office /Concessions): $121,885.00 *The totals on this spreadsheet will vary from the operating financial statements, as this spreadsheet does not take into consideration rental income, rental concessions, or any profit sharing that may occur for any of the rental events. Addendum 1 — High Street Arts Center: A New Beginning 20 18 16 14 12 % of Seats Sold 10 8 6 4 2 0 Seating Capacity Per Season 06 -07 Season 07 -08 Season to Date 67 Shows 52 Shows ■ Over 50% Capacity (135 or more paid tickets) ❑ Between 40 -50% Capacity (108 -134 paid tickets) ❑ Between 30 -40% Capacity (81 -107 paid tickets) Between 20 -30% Capacity (54 -80 paid tickets) ❑ Between 10 -20% Capacity (28 -53 paid tickets) ■ Below 10% Capacity (27 or fewer paid tickets) The number of shows in the `06 -`07 season that generated more than 135 decreased from 7 to 5 when compared to the `07 -`08 season. The number of shows in the '06 -'07 season that generated between 108 and 134 paid tickets decreased from 8 to 4 when compared to the `07 -'08 season. The number of shows in the `06 -`07 season that generated between 81 and 107 paid tickets decreased from 12 to 10 when compared to the `07 -`08 season. The number of shows in the `06 -`07 season that generated between 54 and 80 paid tickets decreased from 16 to 10 when compared to the `07 -`08 season. The number of shows in the `06 -`07 season that generated between 28 -53 paid tickets decreased from 20 to 12 when compared to the `07 -`08 season. The number of shows in the `06 -`07 season that generated 27 or fewer paid tickets increased from 4 to 11 when compared to the `07 -`08 season. Addendum 2 — High Street Arts Center: A New Beginning 20000 18000 16000 14000 12000 10000 8000 6000 4000 2000 0 Capacity Available and Sold per Season 06 -07 Season 07 -08 Season to Date 67 Shows 52 Shows In the '06 -'07 season only 29% of total seating capacity was sold which decreased to 26% in the '07 -'08 season. Number of Seats at Full Capacity ■ Number of Seats Sold Addendum 3 — High Street Arts Center: A New Beginning 40% 35% 30% 25% 20% 15% 10% 5% 0% % of Concession Sales vs Box Office Ticket Sales '06 -'07 Season '07 -'08 Season to date O Industry Standard % of Concessions vs Box Office Totals ■ High Street Arts Center % of Concessions vs Box Office Totals (accepted industry standard is that movie theaters expect concession sales to total 40% of generated ticket sales) ITE1- 1 • ' "T_ "1Vn1NUTES OF THE REDEVELOPMENT AGENCY Moorpark, California January 16, 2008 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on January 16, 2008, 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 7:34 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Parvin, Van Dam, and Chair Hunter. Staff Present: Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. PUBLIC HEARINGS: A. Consider Resolution Adopting the Midterm Update of the Five -Year Implementation Plan 2005 -2009. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. 2008 -187. Mr. Moe gave the staff report. A discussion followed among the Agency Members and staff regarding rewording Objective 111.6 to indicate willingness to work with any developer who proposes to develop the property and preserve the Birkenshaw House. Chair Hunter opened the public hearing. )1100'76 Minutes of the Redevelopment Agency Moorpark, California Page 2 January 16 2008 In response to Chair Hunter, Ms. Traffenstedt stated there were no speakers. Chair Hunter closed the public hearing. MOTION. Agency Member Parvin moved and Agency Member Van Dam seconded a motion to adopt Resolution No. 2008 -187, adopting the midterm update of the Five -Year Implementation Plan 2005 -2009, as amended, for Objective 111.6 to indicate willingness to work with any developer who proposes to preserve the Birkenshaw House. The motion carried by unanimous voice vote. 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a motion to approve the Consent Calendar. The motion carried by unanimous roll call vote. A. Consider Approval of Minutes of Regular Meeting of December 5 2007. Staff Recommendation: Approve the minutes. B. Consider Award of Bid and Project Approval for the Demolition of 14245 Princeton Avenue, 460 Charles Street and 1095 Walnut Canyon Road and Resolution Amending the Fiscal Year 2007/08 Budget to Fund the Proiect. Staff Recommendation: 1) Approve the removal of 14245 Princeton Avenue, 460 Charles Street, and 1095 Walnut Canyon Road; 2) Award bid to Adobe Company and authorize execution of the Agreement, subject to final language approval by the Executive Director and Agency General Counsel; and 3) Adopt Resolution No. 2008 -188, amending the FY 2007/08 Budget. ROLL CALL VOTE REQUIRED C. Consider Approval of Relocation Plan for 1113 Walnut Cannon. Staff Recommendation: Approve Relocation Plan for 1113 Walnut Canyon. 7. CLOSED SESSION: Mr. Kueny requested that the Agency recess the meeting and reconvene into closed session for a discussion of Items 7.C. and 7.D. at the conclusion of the City Council meeting. AT THIS POINT in the meeting, a recess was declared. The time was 7 :41 p.m. The meeting reconvened at 9:56 p.m. MOTION: Agency Member Millhouse moved and Agency Member Parvin seconded a motion to adjourn to closed session for discussion of Items 7.C. and 7.D. on the agenda. The motion carried by unanimous voice vote. The time was 9:56 p.m. 00077 Minutes of the Redevelopment Agency Moorpark, California Page 3 January 16 2008 C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 192 High Street (APN 512 -0- 090 -105) Agency Negotiator: Redevelopment Agency of the City of Moorpark - Steven Kueny, Executive Director Negotiating Parties: Aszkenazy Development, Inc. Under Negotiation: Price and terms of sale D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 467 High Street (APN 512 -0- 081 -110) Agency Negotiator: Redevelopment Agency of the City of Moorpark - Steven Kueny, Executive Director Negotiating Parties: KL Associates Under Negotiation: Price and terms of sale 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 City Manager, Barry Hogan, Deputy City Manager; Yugal Lall, City Engineer /Public Works Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. The Agency reconvened into open session at 10:15 p.m. Mr. Kueny announced that Items 7.C. and 7.D. were discussed and that there was no action to report. 9. ADJOURNMENT: Chair Hunter adjourned the meeting at 10:15 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary ►000'7$ ITEM- a?- (e) • g • r a° Roo S- - -- -- e m T +t MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT To: Honorable Agency Board of Directors From: David C. Moe II, Redevelopment Manager By: Jessica Sczepan, Administrative Special* Date: February 8, 2008 (Agency Meeting of 2/20/08) Subject: Consider Relocation Plan and Replacement Housing Plan for 450 Charles Street BACKGROUND The Redevelopment Agency of the City of Moorpark ( "Agency ") acquired 450 Charles Street ( "Property ") on November 30, 2007. This site will be aggregated with other Agency -owned properties to produce a site for a future affordable housing project ( "Project "). DISCUSSION The Property is improved with one, four bedroom single family dwelling, which is occupied by a very -low income household. In order to move forward with the Project, the household will need to be permanently relocated. The proposed displacement triggers relocation assistance obligations under State Relocation Law, California Government Code Section 7260 et seq. and the State Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6 et seq. Whenever all or any portion of a redevelopment project is developed with low or moderate income housing units and whenever any low or moderate income housing units are developed with any agency assistance or pursuant to Section 33413, the agency shall require by contract or other appropriate means that such housing be made available for rent or purchase to the persons and families of low or moderate income displaced by the redevelopment project. Since the household occupying the dwelling at the Property is a very -low income household, they will receive priority status for a future affordable housing project. { 000079 Honorable Agency Board Page 2 February 20, 2008 As part of the displacement activities, State Relocation Law requires the Agency to prepare a relocation plan addressing the circumstances and needs of those persons potentially displaced by the Project. Attachment I is the Relocation Plan that has been prepared by Overland, Pacific & Cutler (OPC) in accordance with the specific requirements set out in Section 6038 of the State Relocation Guidelines concerning projects that involve the displacement of less than 15 households. This Plan provides the Project description, the results of a needs assessment survey conducted among residents, a housing resource study and details of the Agency's proposed relocation program. No displacement activities will take place prior to the required reviews and approval of this Plan. In addition, Section 33413.5 of the California Redevelopment Law (Health and Safety Code, Section 33000 et seq.), states that whenever the agency executes an agreement for acquisition of real property, or an agreement for the disposition and development of property which would lead to the destruction or removal of dwelling units from the low and moderate income housing market, the agency is required to adopt a replacement housing plan ( "Replacement Plan "). The attached Replacement Plan ( "Attachment II ") identifies the impacts the redevelopment project will have on the community's supply of very -low, low and moderate income housing and details the measures that the agency will take to ensure that the appropriate replacement housing is produced within the four year time limit. The replacement dwelling units must have an equal or greater number of bedrooms from the removed units and shall be located within the redevelopment project area or within the territorial jurisdiction of the agency (city limit). The replacement units shall also be made affordable to the same income level as the persons displaced from those destroyed or removed units, in this case very-low income. The Agency has several options available to provide replacement housing to mitigate the loss of the unit at 450 Charles Street, including acquisition, rehabilitation, new construction, and the allocation of "banked" dwelling units from prior development activity. The Agency's banked dwelling units /bedrooms are sufficient to satisfy the required very -low income replacement housing obligation. Therefore, the Agency's surplus number of very-low income units will be reduced by one unit and four bedrooms in order to satisfy the Agency's replacement housing obligation. On February 4, 2008, Agency staff reviewed the proposed relocation plan and replacement plan with the Project Area Committee (PAC). The PAC concurred that the tenant occupying the Property is being treated fairly and that the Agency has enough surplus units to satisfy the replacement housing obligation. FISCAL IMPACT The total cost of permanently relocating the tenant is anticipated to be $46,502, which includes a 10% contingency. Funds have been budgeted for this relocation. ►00080 Honorable Agency Board Page 3 February 20, 2008 STAFF RECOMMENDATION Adopt Relocation Plan for 450 Charles Street. 2. Adopt Replacement Housing Plan for 450 Charles Street. Attachment I: Relocation Plan Attachment II: Replacement Housing Plan ` 100081 t1ii; ATTACHMENT I RELOCATION PLAN FOR THE AFFORDABLE HOUSING PROJECT 450 CHARLES STREET PREPARED FOR REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK OVERLAND, PACIFIC & CUTLER, INC. 100 W. BROADWAY, SUITE 500 LONG BEACH, CA 90802 PHONE: (800) 400 -7356 DECEMBER 14, 2007 ')00082 INTRODUCTION ...................... ............................... 1 A. PROJECT LOCATION ............ ............................... 1 B. ASSESSMENT OF NEEDS ............................... 2 ......... C. REPLACEMENT HOUSING RESOURCES ........................... 2 D. CONCURRENT RESIDENTIAL DISPLACEMENT ...................... 3 E. TEMPORARY HOUSING .......... ............................... 3 F. PROGRAM ASSURANCES AND STANDARDS ........................ 3 G. RELOCATION ASSISTANCE PROGRAM ............................ 4 H. CITIZEN PARTICIPATION /PLAN REVIEW ............................ 5 I. RELOCATION BENEFIT CATEGORIES ............................. 5 J. PAYMENT OF RELOCATION BENEFITS ............................ 7 K. EVICTION POLICY .............................................. 7 L. APPEALS POLICY ............... ............................... 8 M. PROJECTED DATES OF DISPLACEMENT ........................... 8 N. ESTIMATED RELOCATION COSTS . ............................... 8 TABLE OF ATTACHMENTS 100083 INTRODUCTION The Redevelopment Agency of the City of Moorpark (the Displacing Agency or Agency) has acquired a 7,750 square foot Charles Street parcel improved with one single family dwelling unit. It is the intent of the Agency to join this parcel with other properties to create a larger site for future affordable housing development (the Project). To effectuate the development of the Project, the Agency must permanently relocate one residential household. The household currently occupies a smaller, four - bedroom unit. The proposed displacement triggers relocation assistance obligations under State Relocation Law, California Government Code Section 7260 et seq. (the Law) and the State Relocation Guidelines, California Code of Regulations, Title 25, Chapter 6 et seq. (the Guidelines). Among the various obligations of the Law is the requirement to prepare a relocation plan addressing the circumstances and needs of those persons potentially displaced by the Project. The following Relocation Plan (the Plan) has been prepared by Overland, Pacific & Cutler (OPC) in accordance with the specific requirements set out in Section 6038 of the Guidelines concerning projects that involve the displacement of fewer than 15 households. This Plan provides a Project description, the results of a needs assessment survey of the residential household, a housing resource study and details of the Agency's proposed relocation program. No displacement activities will take place prior to the required reviews and approval of this Plan. A. PROJECT LOCATION The proposed Project will take place in the City of Moorpark (the City) which is located in the southeastern portion of Ventura County, approximately 40 miles northwest of downtown Los Angeles. Moorpark is easily accessible from State Routes 23 and 118 with neighboring communities of Simi Valley, Thousand Oaks, Camarillo, Somis, Santa Paula, and Fillmore. (See Attachment 1, Map 1). The specific Project site is located just west of the SR -118 Ronald Reagan Freeway, near the southwest corner of Charles Street and Spring Road. (See Attachment 1, Map 2). Overland, Pacific & Cutler, Inc. Page 1 `00®084 Relocation Plan - Affordable Housing Project L 450 Charles Street, 'Moorpark, California B. ASSESSMENT OF NEEDS On November 11, 2007, survey information for the Plan was obtained from a personal, on- site interview with the affected residential household. A nine member household occupies a four - bedroom single family dwelling of approximately 1,090 square feet. The tenants began occupancy of the house in December 1999. Current monthly rent was reported to be $1,350 with tenant responsible to pay for all utilities. The household reports their ethnicity as Hispanic, and English as primary language. According to income standards for the County of Ventura adjusted for family size, as published by the United States Department of Housing and Urban Development (HUD) in April 2007, the Project household qualifies as very low income (less than 50% of area median) and reports receiving government financial assistance. The household is not considered a senior household (head of household or spouse 62 years or older) and has no reported physical disabilities that could affect the relocation process. Five children are of school age and go to Community High School, Camarillo Gateway High School, Moorpark High School, Chaparral Middle School and Arroyo West Elementary School. The standard for housing density adopted by the Agency allows two persons per bedroom I.. and one person in a common living area. The Project household requires a four - bedroom It. unit based on this Agency standard. Prevailing HUD income standards as well as general demographic information for the City are presented in Attachments 2 and 3. C. REPLACEMENT HOUSING RESOURCES A housing resource survey was conducted in October and November 2007 to determine the availability of replacement housing within the cities of Moorpark, Thousand Oaks and Simi Valley. Four - bedroom single- family residences were considered as appropriate replacement dwelling units. Overland, Pacific & Cutler, Inc. Pace 2 000085 Relocation Plan - Affordable Housing Project @ 450 Charles Street, Moorpark, California Housing availability survey results are summarized below in Table 1. The data indicate sufficient availability of needed housing units. TABLE 1: Replacement Rental Housing Resources Bdrm Size Found (Needed) Range Median 4 28(l) $1,795 - $2,800 $2,300 D. CONCURRENT RESIDENTIAL DISPLACEMENT The Agency is involved in another future affordable housing project that will potentially displace one household. Based on the preliminary information provided to the Agency that household will require a smaller replacement unit; therefore, no conflicts for competing housing resources are expected. E. TEMPORARY HOUSING There is no anticipated need for temporary housing. Should such a need arise, the displacing entity will respond appropriately and in conformance with all applicable laws and requirements. F. PROGRAM ASSURANCES AND STANDARDS There are adequate funds available to relocate this one household. Services will be provided to ensure that displacement does not result in different or separate treatment based on race, nationality, color, religion, national origin, sex, marital status, familial status, disability or any other basis protected by the federal Fair Housing Amendments Act, the Americans with Disabilities Act, Title VI of the Civil Rights Act of 1964, Title VII of the Civil Rights Act of 1964, Title VIII of the Civil Rights Act of 1968, the California Fair Employment & Housing Act, and the Unruh Act, as well as any other arbitrary or unlawful discrimination. Overland, Pacific & Cutler, Inc. Page 3 000086 Relocation Platt - Affordable Housing Project @ 450 Charles Strcet, Moorpark, California No one will be displaced without a 90 day notice and unless "comparable" replacement housing can be located. "Comparable" housing includes standards such as: decent, safe, and sanitary (as defined in § 6008(d) of the Guidelines); comparable as to the number of bedrooms, living space, and type and quality of construction of the acquired unit but not lesser in rooms or living space than necessary to accommodate the displaced household; in an area that does not have unreasonable environmental conditions; not generally less desirable than the acquired unit with respect to location to schools, employment, health and medical facilities, and other public and commercial facilities and services, and within the financial means of the displaced household as defined in section 6008, subdivision (c)(5) of the Guidelines. The relocation program to be implemented by the displacing entity conforms with the standards and provisions set forth in Government Code section 7260 et seq., the Guidelines, California Health and Safety Code section 33410 et seq., if applicable, and all other applicable regulations and requirements. G. RELOCATION ASSISTANCE PROGRAM A relocation representative from Overland, Pacific & Cutler, Inc. is available to assist the displaced household with questions regarding relocation and /or assistance in relocating. Staff may be contacted by calling (800) 400 -7356 during the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The relocation offices are located at: Overland, Pacific & Cutler, Inc. 100 W. Broadway, Suite 500 Long Beach, CA 90802 A comprehensive relocation assistance program, with technical and advisory assistance, will be provided to the household or households being displaced and close contact will be maintained throughout the relocation process. Specific activities will include: 1. Distribution of informational brochure (see Attachment 4); Overland, Pacific & Cutler, Inc. Page 4 10008'7 Relocation Plan - Affordable Housing Project @ 450 Charles Street, Moorpark, California 2. Timely referrals to at least three comparable replacement units as defined above and, if necessary, transportation will be provided to inspect potential replacement units; 3. Assistance with completion and filing of relocation claims, rental applications, and appeals forms, if necessary. H. CITIZEN PARTICIPATION /PLAN REVIEW This Plan will be provided to the household and will be made available to the public for a mandatory 30 day review period. Comments to this Plan will be included as a Plan addendum (see Attachment 6) prior to submission for approval before the Agency Board. A copy of the approved Plan will be forwarded to the California Department of Housing and Community Development (HCD). I. RELOCATION BENEFIT CATEGORIES Relocation benefits will be provided in accordance with the Law, the Guidelines, and all other applicable regulations and requirements. Benefits will be paid upon submission of required claim forms and documentation in accordance with approved procedures. The displacing Agencywill provide appropriate benefits forthe displaced household as required by the law. 1. Residential Moving Expense Payments The subject household or households will be eligible to receive a payment for moving expenses. Payments will be made based upon either a fixed room count schedule or an invoice for actual reasonable moving expenses from a licensed professional mover. 1) Fixed Payment - A fixed payment for moving expenses based on the number of rooms containing furniture or other personal property to be Overland, Pacific ter Cutler, Inc. Page 5 6� Relocation Plan -Affordable Housing Project L 450 Charles Street, Aloorpark, California moved. The fixed moving payment will be based upon the most recent Federal Highway Administration schedules maintained by the California Department of Transportation (see Fixed Payment Moving Schedule — Attachment 5). 3WM 2) Actual Reasonable Moving Expense Payments - The displaced household may elect to have a licensed, professional mover perform the move. If an actual move is selected, the displacing entity will pay Fw for the actual cost of the move up to 50 miles and all reasonable charges for packing, unpacking, insurance, and utility connection charges. The payment will be made directly to the mover or as reimbursement to the displaced household. 2. Rental Assistance /Downpayment Assistance Residential tenants who have established residency at the Project site for a minimum of 90 days prior to the initiation of negotiations to purchase the property "= and who choose to re -rent, may be eligible to receive a Rental Assistance Payment in addition to compensation for moving expenses. "Initiation of Negotiations" is defined as the first written offer by the Agency to buy the property from which the households will be displaced. In this case, the date of the first written offer to purchase the property is September 5, 2007. Rental Assistance Payments will be limited to a maximum of $5,250, based upon the monthly housing need over a 42 month period, prior to consideration of Last Resort Housing needs. Eligible households may opt to apply the full amount of their rental assistance eligibility toward the purchase of a replacement dwelling. Overland, Pacific & Cutler, Inc. Page 6 `100089 Relocation Plan -Affordable Housing Project L 450 Charles Street, Alompark, California 3. Last Resort Housing Payments The displaced persons will be entitled to consideration for supplementary benefits in the form of Last Resort Housing assistance when the computed total of their rental assistance eligibility exceeds $5,250. J. PAYMENT OF RELOCATION BENEFITS Relocation benefit payments will be made expeditiously. Claims and supporting documentation for relocation benefits must be filed with the displacing entity within 18 months from: (i) the date the claimant moves from the acquired property; - or - (ii) the date on which final payment for the acquisition of real property is made, whichever is later. The Agency representative will inform and assist the displacee with obtaining the necessary documentation and will assist with the claim preparation. No household will be displaced until "comparable" housing is located as defined above and in section 6008, subdivisions (c) and (d) of the Guidelines. Relocation staff will inspect any replacement units to which referrals are made to verify that they meet all the standards of W4 decent, safe, and sanitary as defined in section 6008, subdivision (d) of the Guidelines. -' However, no household will be denied benefits if it chooses to move to a replacement unit which does not meet the standards of decent, safe, and sanitary housing. K. EVICTION POLICY This displacing Agency recognizes that eviction is permissible only as a last resort and that relocation records must be documented to reflect the specific circumstances surrounding any eviction. Eviction will only take place in cases of nonpayment of rent, serious violation of the rental agreement, a dangerous or illegal act in the unit, or if the household refuses all reasonable offers to move. Eviction will not affect the eligibility of a person legally entitled to relocation benefits. Overland, Pacific & Cutler, Inc. Page 7 '000090 Relocation Plan - Affordable Housing Project @ 450 Charles Street, Moorpark, California L. APPEALS POLICY The appeals policy will follow the standards described in section 6150 et seq. of the Guidelines. Briefly stated, the displaced household will have the right to ask for review when there is a complaint regarding any of their rights to relocation and relocation assistance, such as a determination as to eligibility, the amount of payment, or the failure to provide a comparable replacement housing referral. N, M. PROJECTED DATES OF DISPLACEMENT F� z The household will receive a 90 day notice to vacate before they are required to move. These notices are expected to be issued by the end of January 2008. N. ESTIMATED RELOCATION COSTS Any and all required financial assistance will be provided. The budget estimate for this Project, based upon one potentially displaced household, is: $42,275 Overland, Pacific & Cutler, Inc. Page S 000091 TABLE OF ATTACHMENTS Attachment 1: Project Maps Attachment 2: HUD Income Category Limits for Ventura County - 2007 Attachment 3: Demographic Information Attachment 4: Informational Brochure to be given to Displaced Households Attachment 5: Fixed Payment Moving Schedule Attachment 6: Public Comments and Response �► ®U92 ATTACHMENT 1 PROJECT SITE MAPS Map l: Regional Project Location m .... ' U le - j Ra A- _ T b 0 0 Moorpark Bonnie. View. SE c7 C} Q.Se is S n c—� 1pojd Locapm ENDS �n W High St._ . 3 m E High St 90 Dorothy 1st SI A`R . :.. 3 Ruth ANS m rn I - 2nd St F;;pn A,e r 9 : Sarah Ave 3rd St >sen Ave _ — ° m Susan .4ve Coovgghl 02005 Microsotl Coro. andlor ns suppliers All nohts reserved Map 2: Project Site Location 00093 Angeles ;e s National Fnrea LOS P.d,— Wtarnal Forest F'. ,. _..... 170 ale Ojai ' �• C A L I F O R N I ONrYaw A F11gre n Cx•'a "' �- LL �' Sattla i - 120 ,_ � .;sal dr Santa Paul� ly 1 �4 > .�� Pro Location � VtlltlRi 120 Moor ----- �^; P ark v� Situv!!! �e ...!' � e� I- 11B . 1 - 18 .,.:6e� 8150 - : _ _ GfM1170 Y`P RereM�a - i IM1 s. Roscoe eNg t �Olmtrtl .a LggS r.- Tltousaml Oirkti �–?.�+ Blvd a a W Mlln — . A a S� a� " o xlia >QC-d .r..e.^ n .. YAaye >un.- L O S A N O E L E S Sants W—ca Mountains Nanonal Recreation Area \;.. SaOla MalliCa� 5,17" Sy'I of Cro igM®2005Vicrosoll Corb. andlor its Suppliers. AI6rQGts reserved. - ao Map l: Regional Project Location m .... ' U le - j Ra A- _ T b 0 0 Moorpark Bonnie. View. SE c7 C} Q.Se is S n c—� 1pojd Locapm ENDS �n W High St._ . 3 m E High St 90 Dorothy 1st SI A`R . :.. 3 Ruth ANS m rn I - 2nd St F;;pn A,e r 9 : Sarah Ave 3rd St >sen Ave _ — ° m Susan .4ve Coovgghl 02005 Microsotl Coro. andlor ns suppliers All nohts reserved Map 2: Project Site Location 00093 ATTACHMENT 2 HUD ANNUAL MEDIAN INCOME LIMITATIONS - VENTURA COUNTY The following figures are approved by the U. S. Department of Housing and Urban Development (H.U.D.) for use in the County of Ventura to define and determine housing eligibility by income level. Area' Median: $79,500 : Fan lly$Sit'e Extremely Low Income Very Low Income Low Income Median 'Income Moderate Income 1 Person 18,000 30,000 48,000 55,700 66,800 2 Person 20,550 34,300 54,850 63,600 76,300 3 Person 23,150 38,550 61,700 71,600 85,900 4 Person 25,700 42,850 68,550 79,500 95,400 5 Person 27,750 46,300 74,050 85,900 103,000 6 Person 29,800 49,700 79,500 92,200 110,700 7 Person 31,850 53,150 85,000 98,600 118,300 8 Person 33,900 56,550 90,500 104,900 125,900 Figures are per the Department of Housing and Community Development (California), Division of Housing Policy Development, April 18, 2007. k00094 ATTACHMENT 3 DEMOGRAPHIC INFORMATION 2000 Census Population - City of Moorpark & Tract 76.04 Population Tract 76.04 % city % Total Population 8,874 100.0% 31,415 100.0% White 6,610 74.5% 23,378 74.4% Black or African American 158 1.8% 476 1.5% American Indian and Alaska Native 41 0.5% 149 0.5% Asian 566 6.4% 1,770 5.6% Native Hawaiian and Other Pacific Islander 21 0.2% 46 0.1% Some Other Race 1,180 j 13.3% j 4,381 j 13.9% Two or More Races 298 3.4% 1,215 3.9% Hispanic or Latino (of Any Race) 2,483 28.0% 8,735 27.8% Source: U.S. Census Bureau, Race, Hispanic or Latino, and Age: 2000 2000 Census Housing Units - City of Moorpark & Tract 76.04 Type Tract 76.04 % City % Total Units 2,721 100.0% 9,094 100.0% Owner- Occupied 2,191 80.5% 7,385 81.2% Renter -Occupied 486 17.9% 1,609 17.7% Vacant Housing Units 44 1.6% 100 1.1% Available for Sale Only (of Total Vacant Units) 12 27.3% 39 39.0% Available for Rent - Full Time Occupancy (of Total Vacant Units) 3 6.8% 20 20.0% Sold or Rented - Not Occupied 18 40.9% 18 18.0% Otherwise Not Available (e.g. seasonal, recreational, migratory, occasional use) 2 4.5% 11 11.0% Other Vacant 9 20.5% 12 12.0% Source: U.S. Census Bureau, General Housing Characteristics: 2000 000095 ATTACHMENT 4 INFORMATIONAL BROCHURE TO BE GIVEN TO THE DISPLACED HOUSEHOLD 000096 informational Statement for Families and Individuals (CA State) I. General Information II. Assistance In Locating A Replacement Dwelling III. Moving Benefits IV. Replacement Housing Payment - Tenants And Certain Others V. Section 8 Tenants VI. Replacement Housing Payment - Homeowners VII. Qualification For And Filing Of Relocation Claims VIII. Last Resort Housing Assistance IX. Rental Agreement X. Evictions XI. Appeal Procedures — Grievance XII. Tax Status Of Relocation Benefits XIII. Additional Information And Assistance Available I. GENERAL INFORMATION The building in which you now live is in an area to be improved by the Redevelopment Agency of the City of Moorpark (called here the "Displacing Agency "). As the project schedule proceeds, it will be necessary for you to move from your dwelling. You will be notified in a timely manner as to the date by which you must move. Please read this information as it will be helpful to you in determining your eligibility and the amount of your relocation benefits you may receive under the federal and/or state law. We suggest you save this informational statement for reference. The Displacing Agency has retained the professional firm of Overland, Pacific & Cutler, Inc. (OPC) to provide relocation assistance to you. The firm is available to explain the program and benefits. Their address and telephone number is: Overland, Pacific & Cutler, Inc. 100 W. Broadway, Suite 500 Long Beach, CA 90802 Telephone: (562) 304 -2000 Spanish speaking representatives are available. Si necesita esta informacion en espanol, por favor flame a su representante. PLEASE DO NOT MOVE PREMATURELY. THIS IS NOT A NOTICE TO VACATE YOUR DWELLING. However, if you desire to move sooner than required, you must contact your representative with Overland, Pacific & Cutler, Inc., so you will not jeopardize any benefits. This is a general informational brochure only, and is not intended to give a detailed description of either the law or regulations pertaining to the Displacing Agency's relocation assistance program. Please continue to pay your rent to your current landlord, otherwise you may be evicted and jeopardize the relocation benefits to which you may be entitled to receive. Once the Displacing Agency acquires the property, you will also be required to pay rent to the Displacing Agency. rJ 1980 -2007 Overland. Faci`ic & Ccaler, inc. 000097age It II. ASSISTANCE IN LOCATING A REPLACEMENT DWELLING The Displacing Agency, through its representatives, will assist you in locating a comparable replacement dwelling by providing referrals to appropriate and available housing units. You are encouraged to actively seek such housing yourself. When a suitable replacement dwelling unit has been found, your relocation consultant will carry out an inspection and advise you as to whether the dwelling unit meets decent, safe and sanitary housing requirements. A decent, safe and sanitary housing unit provides adequate space for its occupants, proper weatherproofing and sound heating, electrical and plumbing systems. Your new dwelling must pass inspection before relocation assistance payments can be authorized. III. MOVING BENEFITS es If you must move as a result of displacement by the Displacing Agency, you will receive a payment to assist in moving your personal property. The actual, reasonable and necessary expenses for moving your household belongings may be determined based on the following methods: • A Fixed Moving Payment based on the number of rooms you occupy (see below); or • A payment for your Actual Reasonable Moving and Related Expenses based on at least two written estimates and receipted bills; or • A combination of both. For example, you may chose a Self Move, receiving a payment based on the Fixed Residential Moving Cost Schedule shown below, plus contract with a professional mover to transport your grand piano and /or other items that require special handling. In this case there maybe an adjustment in the number of rooms which qualify under the Fixed Residential Moving Cost Schedule. A. Fixed Moving Payment A Fixed Moving Payment is based upon the number of rooms you occupy and whether or not you own your own furniture. The payment is based upon a schedule approved by the Displacing Agency, and ranges, for example, from $400.00 for one furnished room to $2,150.00 for eight rooms in an unfurnished dwelling. (For details see the table below). Your relocation representative will inform you of the amount you are eligible to receive if you choose this type of payment. ©1980 -2007 Overland. P= .ifiiC & Cutler. ;nc i `„ 7, 00098 Fage 2 FIXED MOVING SCHEDULE - CALIFORNIA (effective June 2005) Occupant owns furniture Occupant does NOT own furniture 1 room $625.00 1 room $400.00 2 rooms $800.00 each additional room $65.00 3 rooms $1,000.00 4 rooms $1,175.00 5 rooms $1,425.00 6 rooms $1,650.00 7 rooms $1,900.00 8 rooms $2,150.00 each additional room $225.00 If you select a fixed payment, you will be responsible for arranging for your own move and the Displacing Agency will assume no liability for any loss or damage of your personal properly. A fixed payment also includes utility hook -up, credit check and other related moving fees. B. Actual Moving Expense (Professional Move) If you wish to engage the services of a licensed commercial mover and have the Displacing Agency pay the bill, you may claim the ACTUAL cost of moving your personal property up to 50 miles. Your relocation representative will inform you of the number of competitive moving bids (if any) which may be required, and assist you in developing a scope of services for Displacing Agency approval. IV. REPLACEMENT HOUSING PAYMENT - TENANTS AND CERTAIN OTHERS You may be eligible for a payment of up to $5,250.00 to assist you in renting or purchasing a comparable replacement dwelling. In order to qualify, you must either be a tenant who has occupied your present dwelling for at least 90 days prior to the initiation of negotiations or an owner who has occupied your dwelling between 90 and 180 days prior to the initiation of negotiations. A. Rental Assistance. If you qualify, and wish to rent your replacement dwelling, your rental assistance benefits will be based upon the difference over a forty-two (42) month period between the rent you must pay for a comparable replacement dwelling and the lesser of your current rent and estimated utilities or thirty percent (30 %) of your gross monthly household income. You will be required to provide your relocation representative with monthly rent and household income verification prior to the determination of your eligibility for this payment. -OR- ©1980 -2007 Overland. Pacific & Cutler. Inc, . '000099 Pzge 3 B. Down - payment Assistance. If you qualify, and wish to purchase a home as a replacement dwelling, you can apply up to the total amount of your rental assistance payment towards the down - payment and non - recurring incidental expenses. Your relocation representative will clarify procedures necessary to apply for this payment. V. SECTION 8 TENANTS When you do move, you may be eligible to transfer your Section 8 eligibility to a replacement site. As outlined above, you will be provided counseling and other advisory services along with moving benefits. VI. REPLACEMENT HOUSING PAYMENT - HOMEOWNERS A. If you own and occupy a dwelling to be purchased by the Displacing Agency for at least 180 days prior to the initiation of negotiations, you may be eligible to receive a payment of up to $22,500.00 to r a assist you in purchasing a comparable replacement unit. This payment is intended to cover the following items: 1. Purchase Price Differential - An amount which, when added to the amount for which the Displacing Agency purchased your property, equals the lesser of the actual cost of your replacement dwelling; or the amount determined by the Displacing Agency as necessary to purchase a comparable replacement dwelling. Your relocation representative will explain both methods to you. 2. Mortgage Interest Differential - The amount which covers the increased interest costs, if any, required to finance a replacement dwelling. Your relocation representative will explain limiting conditions. 3. Incidental Expenses - Those one time incidental costs related to purchasing a replacement unit, such as escrow fees, recording fees, and credit report fees. Recurring expenses such as prepaid taxes and insurance premiums are not compensable. B. Rental Assistance Option - If you are an owner - occupant and choose to rent rather than purchase a replacement dwelling, you may be eligible for a rental assistance payment of up to the amount that could have been received under the Purchase Price Differential, explained above. The payment will be based on the difference between an economic rent of the dwelling you occupy and the rent you must pay for a comparable replacement dwelling. If you receive a rental assistance payment, as described above, and later decide to purchase a replacement dwelling, you may apply for a payment equal to the amount you would have received if you had initially purchased a comparable replacement dwelling, less the amount you have already received as a rental assistance payment. VII. QUALIFICATION FOR AND FILING OF RELOCATION CLAIMS To qualify for a Replacement Housing Payment, you must rent or purchase and occupy a comparable replacement unit within one year from the following: • For a tenant, the date you move from the displacement dwelling. ©1980 -2007 Overland, Pacific & Cutler. !­:c. ;C_-'; - (►[1 ! 1(1O Page 4 • For an owner- occupant, the latter of- a. The date you receive final payment for the displacement dwelling, or, in the case of condemnation, the date the full amount of estimated just compensation is deposited in court,: or b. The date you move from the displacement dwelling. All claims for relocation benefits must be filed with the Displacing Agency within eighteen (18) months from the date on which you receive final payment for your property, or the date, on which you move, whichever is later. VIII. LAST RESORT HOUSING ASSISTANCE If comparable replacement dwellings are not available when you are required to move, or if replacement housing is not available within the monetary limits described above, the Displacing Agency ill provide Last Resort housing assistance to enable you to rent or purchase a replacement dwelling on a timely basis. Last Resort housing assistance is based on the individual circumstances of the displaced person. Your relocation representative will explain the process for determining whether or not you qualify for Last Resort assistance. If you are a tenant, and you choose to purchase rather than rent a comparable replacement dwelling, the entire amount of your rental assistance and last resort eligibility must be applied toward the down - payment and eligible incidental expenses of the home you intend to purchase. IX. RENTAL AGREEMENT :u As a result of the Displacing Agency's action to purchase the property where you live, you may become a tenant of the Displacing Agency. If this occurs, you will be asked to sign a rental agreement which will specify the monthly rent to be paid, when rent payments are due, where they are to be paid and other pertinent information. X. EVICTIONS Any person, who occupies the real property and is not in unlawful occupancy, is presumed to be entitled to relocation benefits. Except for the causes of eviction set forth below, no person lawfully occupying property to be purchased by the Agency will be required to move without having been provided with at least 90 days written notice from the Agency. Eviction will be undertaken only in the event of one or more of the following reasons: • Failure to pay rent; except in those cases where the failure to pay is due to the lessor's failure to keep the premises in habitable condition, is the result of harassment or retaliatory action or is the result of discontinuation or substantial interruption of services; • Performance of dangerous illegal act in the unit; • Material breach of the rental agreement and failure to correct breach within 30 days of notice; • Maintenance of a nuisance and failure to abate within a reasonable time following notice; • Refusal to accept one of a reasonable number of offers of replacement dwellings; or • The eviction is required by State or local law and cannot be prevented by reasonable efforts on the part of the public entity. ©1980 -2007 Overland. Pacific & Cuti, r.. !i,c. 00101 page 5 XI. APPEAL PROCEDURES - GRIEVANCE Any person aggrieved by a determination as to eligibility for a relocation payment, or the amount of a payment, may have his/her claim reviewed or reconsidered in accordance with the Displacing Agency's appeals procedure. Complete details on appeal procedures are available upon request from the Displacing Agency. XII. TAX STATUS OF RELOCATION BENEFITS California Government Code Section 7269 indicates no relocation payment received shall be considered as income for the purposes of the Personal Income Tax Law, Part 10 (commencing with Section 170 01) of Division 2 of the Revenue and Taxation Code, or the Bank and Corporation Tax law, Part 11 (commencing with Section 23 00 1) of Division 2 of the Revenue and Taxation Code. Furthermore, federal regulations (49 CFR Part 24, Section 24.209) also indicate that no payment received under this part (Part 24) shall be considered as income for the purpose of the Internal Revenue Code of 1954, which has been redesignated as the Internal Revenue Code of 1986. The preceding statement is not tendered as legal advice in regard to tax consequences, and displacees should consult with their own tax advisor or legal counsel to determine the current status of such payments. XIII. ADDITIONAL INFORMATION AND ASSISTANCE AVAILABLE Those responsible for providing you with relocation assistance hope to assist you in every way possible to minimize the hardships involved in relocating to a new home. Your cooperation will be helpful and greatly appreciated. If you have any questions at any time during the process; please do not hesitate to contact your relocation representative. ©1980 -2007 Overland. PZ-Ci`ic & OUt!,Or. W0102 Page g ATTACHMENT 5 Fixed Payment Moving Schedule Occupant Owns Furniture One room $625.00 Two rooms $800.00 Three rooms $1,000.00 Four rooms $1,175.00 Five rooms $1,425.00 Six rooms $1,650.00 Seven rooms $1,900.00 Eight rooms $2,150.00 each additional room $225.00 Occupant Does NOT Own Furniture First Room $400.00 each additional room $65.00 )0103 ATTACHMENT 6 PUBLIC COMMENTS AND RESPONSE `100104 ATTACHMENT II REPLACEMENT HOUSING PLAN FOR THE AFFORDABLE HOUSING PROJECT 450 CHARLES STREET Prepared for REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK By OVERLAND, PACIFIC & CUTLER, INC. 100 WEST BROADWAY, SUITE 500 LONG BEACH, CALIFORNIA 90802 (800) 400 -7356 January 23, 2008 Y ?00105 I. INTRODUCTION II. PROJECT DESCRIPTION AND LOCATION .......... ............................... 3 III. UNITS TO BE REPLACED ........................ ............................... 5 IV. ANNUAL INCOME RESTRICTIONS ................ ............................... 7 V. LOCATION OF REPLACEMENT HOUSING .......... ............................... 8 VI. FINANCING THE REPLACEMENT HOUSING ....... ............................... 9 VII. NON - APPLICABILITY OF ARTICLE XXXIV OF THE CALIFORNIA CONSTITUTION ... 10 VIII. TIME TABLE FOR REPLACEMENT HOUSING .... ............................... I I IX. SUMMARY .................................... ............................... 12 $00106 The Redevelopment Agency of the City of Moorpark (the "Agency ") intends to proceed with its plans for the Affordable Housing Project (the Project) and has acquired a 7,750 square foot Charles Street parcel improved with one single family dwelling unit. The Project will require the razing of one affordable housing unit. Section 33413.5 of the California Redevelopment Law (Health and Safety Code, Section 33000 et seq.) requires a redevelopment agency to adopt a replacement housing plan whenever the agency executes an agreement for acquisition of real property, or an agreement for the disposition and development of property which would lead to the destruction or removal of dwelling units from the low and moderate income housing market. The plan should identify the impacts that a particular redevelopment project will have on the community's supply of very-low, low and moderate income housing and detail the measures that the agency will take to ensure that the appropriate replacement housing is produced within the four year time limit. Section 33413(a) of the California Redevelopment Law requires that whenever dwelling units housing persons and families of very-low, low or moderate income are destroyed or removed from the very-low, low and moderate income housing market as part of a redevelopment project, which is subject to a written agreement with a redevelopment agency or where financial assistance has been provided, the agency shall within four years of the destruction or removal, rehabilitate, develop, construct, or cause to be rehabilitated, developed, or constructed, for rental or sale to persons and families of very-low, low or moderate income, an equal number of replacement dwelling units at affordable housing cost within the redevelopment project area orwithin the territorial jurisdiction of the agency. When dwelling units are removed after January 1, 2002, 100% of the replacement dwelling units shall replace dwelling units in the same income level of very-low income households, lower income households and persons and families of low and moderate income, as the persons displaced from those destroyed or removed units. Demolished or converted, occupied or vacant occupiable, very -low, low and moderate income units must be replaced with units of an equal number of bedrooms from the removed units. The units must be within the agency's jurisdiction, in standard condition, and designed to remain affordable to very-low, low and moderate income households, respectively for a minimum of the longest feasible time, as determined by the agency, but Replacement Housing Plan 1'<<tir I q Io Q10 for no less than the period of the land use controls established in the redevelopment plan, unless a longer time period is applicable under the Health & Safety Code §33413(c). The Redevelopment Plan for Agency's Moorpark Redevelopment Project Area is scheduled to expire in July 2034. Pursuant to the passage of Assembly Bill No. 637, however, "affordable" units provided by an Agency post- January 1, 2002 are required to have affordability covenants for minimum, fixed -time periods irrespective of the life of any one Project Area or Agency (and the term of applicability of the land use controls). Specifically, Section 33413(c) established those time limits at 45 years for ownership units and 55 years for rental housing. The unit is anticipated to be removed by June of 2008 and the replacement unit must be provided within a four year time frame. Therefore, the replacement unit must be available by June of 2012, or four years from the time the existing unit is removed. This Replacement Housing Plan (the "Plan ") has been prepared by the Agency as a result of proposed redevelopment of property located in the Project and to satisfy the requirements for replacement housing contemplated under the California Redevelopment Law. This Plan describes the following: 1) Proposed Project, 2) General location of the very-low, low and moderate income dwelling units which will, or may be, removed or destroyed as a result of the Project, 3) General location and intentions for the development of the replacement housing, 4) Means of financing such development, 5) Schedule for the construction of the replacement housing, and 6) Period for which these units will remain affordable. Replacement Housing Plan Page 2 PROJECT DESCRIPTION The Redevelopment Agency of the City of Moorpark has acquired a 7,750 square foot Charles Street parcel improved with one single family dwelling unit. It is the intent of the Agency to join this parcel with other properties to create a larger site for future affordable housing development (the Project). To effectuate the development of the Project, the Agency must permanently relocate one residential household. The household currently occupies a small four - bedroom unit. The Agency plans to develop the site as an affordable housing development. The Agency intends to fully replace the existing low income unit that will be removed, totaling four bedrooms. Preparation of this replacement housing plan outlines the Agency's timetable, funding and methods for the replacement of the unit and bedrooms. PROJECT LOCATION The proposed Project will take place in the City of Moorpark (the City) which is located in the southeastern portion of Ventura County, approximately 40 miles northwest of downtown Los Angeles. Moorpark is easily accessible from State Routes 23 and 118 with neighboring communities of Simi Valley, Thousand Oaks, Camarillo, Somis, Santa Paula, and Fillmore. (See Attachment 1, Figure 1). The specific Project site is located just west of the SR -118 Ronald Reagan Freeway, near the southwest corner of Charles Street and Spring Road. (See Attachment 1, Figure 2). Replacement Housing Plan Po"", ��U109 Anyelex Netianxl F v— { Lns Paerex Natmnal Forexi :..,4�1 IL 2a C A L I F O R N I A 'ls la Sar Moe Mate °oty - - 1 Imo... ,. V EN'T U R 0 a� View Fa - —I ==8^ =- Im L7YAa . Catbe5 I]a: �o'p}erMa PaWe .r �rW lto locatkn Sara valley''. a nerreo r* n VerMtra " Mme'... v ,IIB:. e°F NrC R lie - �'; UCY1Wa I Oxnard ' 6 N: 1 BYfNalet F' II 23 .. 4 i ThOMealMl Oake l' '.. ii e � Wp91bke ', ' Vaep Sank.aiai .. •.. -fiver. m .. NwNan 4 SarNa MUleca E E S M-.r NStbnN lbcto�tiw, Area L rl S A N f+ o eambMre � eve LosAngeles� ;$�^ • lo, View Perk t11� • - SMMe MOeke ° � 4 Ave Maywood° NAS W SbJSm Fbtenee Ofte P a c 1 l ! c O c e a n v a n t: as o WOE.. °crm.m fd 6 n 1 t a fl x j ���Mp ,l.pkwe9e M.wlnorrie � www r- lP Co Ih1C2©oSrMlcroson Corp antllor tls su hers Al rights reseNetl --� — - -- -'- Figure 1: Regional Project Setting PD �, m _A IPA m a am Everett So- Moorpark w .Bonnie Vlew St 4' �y FP 23 Z Cha{es SF v rya ,W High St_ _. ? m �. E High Sl v.. . Dorothy Ave ��� i st St � Ruth Av,, _ N 4 2nd St V1, Ava N p � Sarah Ave 3rd St m p sen Ave S •2 Susan Ave D Copyright02005 Microsoft Cor antlfor Its suppliers All rights reserved. Figure 2: Project Site Location Replacement Housing Plan Page 4 i 00110 A personal survey was conducted with residents of the occupied unit and information obtained from publicly available sources and property appraisal was made available in order to verify the number of bedrooms for the Project dwelling unit. This Replacement Housing Plan analysis will consider one occupied single - family dwelling. Per the California Redevelopment Law, 100% of the very low to moderate income dwelling units shall be replaced with dwelling units having an equal number of bedrooms available at the respective very-low to moderate income levels. Bedroom Survey by Income Level Table 1 defines the number of dwelling units and bedrooms that will be displaced and the 100% requirement for replacement by income level. The numbers under each household income category indicate the total households displaced (the number of dwelling units) and the numbers in parenthesis indicate the total number of bedrooms displaced for each income level by bedroom size. Table 1 further defines the number of bedrooms necessary to meet the requirements of the 100% replacement criteria. Table 1: Displaced Households by Bedroom Size & Income Level Household Size Very-Low Low Moderate Nonrestricted Totals Income Income Income Income Four Bedroom 1 0 0 1 Households (4) (0) (0) (4) (# Bedrooms) 100 %. (4) (0) . (0) . (0) (4) Replacement: ( # Bedrooms) As a result, there are a total of four bedrooms in one residential unit that need to be rehabilitated, developed, or constructed pursuant to Section 33413(a) of the Community Replacement HnncinS> Pla» V "',` +10111. Redevelopment Law. Based on the 100% replacement criteria by income level, it has been determined that all four replacement bedrooms should be affordable to very-low income households. As described in Table 2, following, through December 31, 2007 the Agency has previously created or has planned for the creation of the following net number of affordable housing units /bedrooms. Table 2: Affordable Housing Projects- Banked Units /Bedrooms (Net, December 2007) Unit Size Very Low Income Lower Income Moderate Income Total Net Surplus Net Banked Units /Bedrooms 105/227 228/498 69/187 402/912 Replacement Horsing Plan Page 6 00112 California Health and Safety Code Sections 50079.5 and 50105 provide that the moderate, low and very-low income limits established by the U. S. Department of Housing and Urban Development ( "HUD ") are the state limits for those income categories. Sections 50079.5 and 50105 direct the Department of Housing and Community Development ( "HCD") to publish the income limits. HUD released new income limits in April 2007. Accordingly, HCD has filed with the Office of Administrative Law, amendments to Section 6932 of Title 25 of the California Code of Regulations. The amendments contain the new HUD income limits prepared by HCD pursuant to Health and Safety Code Section 50093. The following figures, shown in Table 3, are approved for use in the County of Ventura to define and determine housing eligibility by income level: Table 3: Housing Eligibility by Annual Income Level Area 'Median: $79,5v00� Family Size Very Low Lower Median Moderate 1 Person 30,000 48,000 55,700 66,800 2 Person 34,300 54,850 63,600 76,300 3 Person 38,550 61,700 71,600 85,900 4 Person 42,850 68,550 79,500 95,400 5 Person 46,300 74,050 85,900 103,000 6 Person 49,700 79,500 92,200 110,700 7 Person'- 53,150 85,000 98,600 118,300 8 Person 56,550 90,500 1 104,900 125,900 Replacement Housing Plan P a.��c 00011.3 The Agency has several options available to provide replacement housing to ameliorate the impact of the Project, including acquisition, rehabilitation, new construction, and the allocation of "banked" dwelling units from prior development activity. As described in Table 1, earlier, the implementation of the proposed Project will result in the removal of a total of one "affordable ", residential dwelling unit, with the applicable bedroom /room counts and income affordability levels as indicated. The Agency's previously funded affordable housing projects provide surplus dwelling units and bedrooms that can be allocated by the Agency for future housing obligations. The Agency has a sufficient number of "banked" dwelling units /bedrooms to satisfy the required very low, lower and moderate income replacement housing obligation for the Project. Assuming an assignment of the Agency's replacement obligation identified for the subject Project to the aforementioned "bank" of housing Table 4, following, assigns that allocation to the appropriate income category and shows the net balance of affordable housing accruing to the Agency. Table 4: Affordable Housing Projects /Banked Units & Bedrooms Units /Bedrooms Very Low Income Lower Income Moderate Income Total Net Surplus Banked 105/227 228/498 69/187 402/912 Project Impact (1/4) (0/0) (0/0) (1/4) Not Surplus 104/223 228/498 1 69/187 L 401/908 Replacement Housing Plan Page 8 )00114 VI. FINANCING THE REPLACEMENT HOUSING The Redevelopment Plans that were created for the Moorpark Redevelopment Project Area authorize the Agency to finance its activities with assistance from actual sources, including the City of Moorpark, State of California, United States Government, property tax increment funds, interest income, Agency bonds, or other available sources. In the acquisition, construction and /or rehabilitation of the affordable housing units identified in the preceding section, the Agency may utilize a variety of funding sources to finance these activities. Sources that may be utilized include: State or Federal grants and loans, including, but not limited to; HUD Community Development Block Grant (CDBG) funds; HOME grants; various mortgage subsidy or guarantee programs, including Section 202 and programs offered by the California Housing Financing Agency (CHFA); tax increment funds; below market rate financing through the sale of tax exempt mortgage revenue bonds; redevelopment twenty percent set -aside funds; and developer funds. Specific funding for future replacement housing units may be through the use of any combination of the above described methods and sources. In addition to the financing methods listed, the Agency may utilize density bonuses in exchange for covenanted units in the Project area. Replacement Housing Plan Page 9 t' 000115 Article XXXIV of the California Constitution requires voter approval of all low -rent housing projects that are developed, constructed, or acquired by public entity. However, under Section 37001 of the California Health and Safety Code, which implements this Constitutional mandate, the replacement housing identified in this Plan is not a "low -rent housing project' as defined in Section 2 of Article XXXIV of the California Constitution. It is hereby found and determined that the replacement housing to be developed and constructed under this replacement housing plan does not require approval of the voters of the City of Moorpark pursuant to Article XXXIV of the California Constitution. Neither ownership housing, nor rental housing are "low rent housing projects" as described in Article XXXIV, and Section 37001 (b) of the California Health and Safety Code. All such replacement housing will be privately owned, and will not be exempt from real property taxes by reason of public ownership and will not be financed with direct long term financing from a public body. In addition, the Agency will not "develop, construct, or acquire" housing as described in Section 1 of Article XXXIV of the State Constitution because it may provide developers assistance and monitoring construction by imposition of mandated or authorized conditions. Replacement Housing Plan Page 10 900116 ` >=tf.TTT..�TTMF'Te.RT.F FC)R RFPT.,'ACEMEN•T HOUSING The Agency has provided a considerable degree of continuing support in the construction and /or rehabilitation of replacement housing units sufficient to address the replacement requirements of affordable housing discussed in this Plan. It is the intent of the Agency to use "banked" units from previously developed housing units to fulfill its replacement housing requirement. The Agency acknowledges that replacement housing units must be affordable in the same, or lower income categories than those being razed or otherwise removed from the City's housing inventory and will ensure that this result is realized. Further, any units developed as replacement housing units will be completed within four years and will remain income - restricted for the appropriate period as required by law. Replacement Housing Plan Page T 1 `100117 In summary, a total of four bedrooms in one dwelling unit will be removed as a result of the Project, as planned. Based on the 100% replacement criteria by income level, Agency through a variety of replacement housing options will replace the four bedrooms affordable to very-low income households by using previously developed housing units. The result of the above actions will yield the required number of replacement dwelling units as mandated under California Redevelopment Law and the Housing and Community Development Act. The Agency recognizes its legal and community responsibilities in this matter and will make a sincere, good -faith effort to accomplish these goals. The Agency retains its option to use other approaches and strategies not discussed herein to fulfill its replacement housing obligations in a timely manner. Replacement llausin,�Plan k 00011.8