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HomeMy WebLinkAboutAG RPTS 2008 0319 RDA REGEly ESTABLISHED NAM 18. ifty pAII �QP Resolution No. 2008 -189 �frr Fp OF �a�4 MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, MARCH 19, 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 Resolution Angrovina the Release of Construction Covenants by the Redevelopment Agency of the City of Moorpark in Favor of Hull Holdings, LLC. Staff Recommendation: Approve Release of Construction Covenants and direct the Agency Secretary/City Clerk to record with the Recorder's Office of Ventura County. (Staff: Hugh Riley) B. Consider Engineering Contract for the Design of J.E. Clark's Replacement Fueling Station. Staff Recommendation: Approve agreement for design services subject to final language approval by the Executive Director and Agency Legal Counsel. (Staff: David Moe) 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Approval of Minutes of Regular Meeting of February 20, 2008. Staff Recommendation: Approve the minutes. B. Consider Resolution Authorizing Mid -Year Amendments to 2007/2008 Fiscal Year Budget. Staff Recommendation: Adopt Resolution No. 2008 - ROLL CALL VOTE REQUIRED (Staff: Johnny Ea) Redevelopment Agency Agenda March 19, 2008 Page 2 6. CONSENT CALENDAR: (continued) C. Consider Authorization of Recordation of the Notice of Completion for 347 and 675 Moorpark Avenue Demolition Project. Staff Recommendation: Authorize the Agency Secretary to file the Notice of Completion, authorize the release of the balance of payment thirty -five calendar days after Notice of Completion records, and release the project bonds consistent with the contract provisions. (Staff: David Moe) 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 requestfor disability - related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Maureen Benson, declare as follows: That I am the Assistant City Clerk of the City of Moorpark and that a notice for a Regular Meeting of the Moorpark Redevelopment Agency to be held Wednesday, March 19, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on March 14, 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 March 14, 2008. s Maureen Benson, Assistant City Clerk IMF S. A. RpHevelopment Agency Mac.,i: r q of 3'/9 -P2o08 ACTION: a[�,t MOORPARK REDEVELOPMENT AGENCY--- � AGENDA REPORT To: Honorable Agency Board of Directors From: Hugh R. Riley, Assistant Executive Dir Prepared by: David C. Moe II, Redevelopment Manager jx Date: March 7, 2008 (Agency Meeting of 3/19/08) Subject: Consider Resolution Approving the Release of Construction Covenants by the Redevelopment Agency of the City of Moorpark in Favor of Hull Holdings, LLC BACKGROUND AND DISCUSSION At the Agency's April 7, 2004, regular meeting, the Board considered options for the sale or lease of an approximate .58 acre parcel located at the terminus of Fitch Avenue acquired by the Agency as part of a larger parcel intended for the development of a new Public Works /Parks Department Corporation Yard. During the March 17, 2004 meeting, a private party expressed interest in acquiring the property. The Board continued the item to its meeting of April 21, 2004, in order to consider whether to solicit competitive development proposals from interested parties or to negotiate a sale of the parcel. On April 21, 2004, the Board directed staff to obtain proposals from interested parties in conformance with the provisions of Section 421 of the Redevelopment Plan and Health and Safety Code Sections 33430 — 33449 for the disposition of the approximate .58 acre parcel. Staff prepared and distributed a Request for Proposals for Property Acquisition and Development for the property (RFP). The RFP requested proposals by May 24, 2004. The Agency received one proposal to purchase the property for $400,000 or $15.83 per square foot. The fair market value and minimum bid price for the property had been established at $15.00 per square foot. On June 2, 2004, the Agency Board approved acceptance of the proposal from Creative Woodworks subject to negotiation of a Disposition and Development Agreement (DDA). The Agency successfully negotiated the DDA with Hull Holdings, LLC ( "Developer "). The DDA included requirements for purchase /development and review /approval by the (100001 Honorable Agency Board March 19, 2008 Page 2 Agency Board; Agency approval of the Developer's financing plan for purchase and construction; securing an approved Planned Development Permit; construction of an industrial building to be used for the fabrication of cabinetry with a show /display room and administrative offices on the site, and associated parking, landscaping, and other onsite and offsite improvements. On May 10, 2007, the Developer secured a building permit to begin the construction of a 9,900 square foot industrial building with supporting parking and landscape improvements. On March 7, 2008, the Building and Safety Department approved the completion of the 9,900 square foot industrial building. A picture of the newly constructed building is included as Attachment I. As referenced in Section 310 of the DDA, the Agency is required to furnish the Developer or its successors with a Release of Construction Covenants ( "Attachment II ") upon completion of construction of the Improvements (as defined in Section 100 of the DDA), which Release is required to be in such form as to permit it to be recorded in the Recorder's Office of Ventura County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA. STAFF RECOMMENDATION Approve Release of Construction Covenants and direct the Agency Secretary/City Clerk to record with the Recorder's Office of Ventura County. Attachment I Picture of Building Attachment II Resolution 2008- s 1'00002 `T r Z CW G 2 V LQ Lr r Q X000 3 ATTACHMENT II RESOLUTION NO. 2008 — RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING THE RELEASE OF CONSTRUCTION COVENANTS IN FAVOR OF HULL HOLDINGS, LLC WHEREAS, the Redevelopment Agency of the City of Moorpark ( "Agency ") and Hull Holdings, LLC ( "Developer ") entered into that certain Disposition and Development Agreement ( "DDA ") dated March 12, 2005, concerning redevelopment of certain real property located at 621 Fitch Avenue; and WHEREAS, Section 310 of the DDA requires the Agency to furnish the Developer or its successors with a Release of Construction Covenants upon completion of construction of the improvements; and WHEREAS, the Agency is required to determine that construction and development has been satisfactorily completed in conformance with the DDA. NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The improvements to be constructed by the Developer at 621 Fitch Avenue have been fully and satisfactorily completed in conformance with the DDA. SECTION 2. The Release of Construction covenants is hereby approved. SECTION 3. 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 March 2008. Patrick Hunter, Chair Deborah S. Traffenstedt, Agency Secretary Exhibit A — Release of Construction Covenants 100004 OFFICIAL BUSINESS Document entitled to free Recording per Government Code Sections 6103 and 27383 Recording Requested by, Mail Tax Statements to, and When Recorded Mail to: CREATIVE WOODWORKS, INC 387 N. Zachary St., Ste 101 Moorpark, California 93021 Attn: Steve Hull EXHIBIT A FOR RECORDER'S USE RELEASE OF CONSTRUCTION COVENANTS THIS RELEASE OF CONSTRUCTION COVENANTS (the "Release ") is made as of March 19, 2008 by the REDEVELOPMENT AGENCY of the CITY OF MOORPARK, a public body corporate and politic (the "Agency "), in favor of HULL HOLDINGS, LLC, a CALIFORNIA LIMITED LIABILITY COMPANY(the "Developer "), as of the date set forth above. RECITALS A. The Agency and the Developer have entered into that certain Disposition and Development Agreement (the "DDA ") dated March 12, 2005, concerning the redevelopment of certain real property situated in the City of Moorpark, California as more fully described in Exhibit "A" attached hereto and made a part hereof. B. As referenced in Section 310 of the DDA, the Agency is required to furnish the Developer or its successors with a Release of Construction Covenants upon completion of construction of the Improvements (as defined in Section 100 of the DDA), which Release is required to be in such form as to permit it to be recorded in the Recorder's office of Ventura County. This Release is conclusive determination of satisfactory completion of the construction and development required by the DDA. C. The Agency has conclusively determined that such construction and development have been satisfactorily completed. NOW, THEREFORE, the Agency hereby certifies as follows: 1. The Improvements to be constructed by the Developer have been fully and satisfactorily completed in conformance with the DDA. Any operating requirements and 00005 all use, maintenance or nondiscrimination covenants contained in the DDA shall remain in effect and enforceable according to their terms. 2. Nothing contained in this instrument shall modify in any other way any other provisions of the DDA. IN WITNESS WHEREOF, the Agency has executed this Release as of the date set forth above. REDEVELOPMENT AGENCY of the CITY OF MOORPARK, a public body, corporate and politic: ATTEST: Patrick Hunter, Chair Debborah S. Traffenstedt, Agency Secretary �00006 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 2 OF TENTATIVE PARCEL MAP NO. 5567 A PORTION OF PARCEL 1 AS SHOWN ON A PARCEL MAP FILED IN BOOK 21, PAGE 2 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF VENTURA, STATE OF CALIFORNIA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHWESTERLY CORNER OF SAID PARCEL 1 THENCE EAST ALONG THE NORTHERLY LINE OF SAID PARCEL 1 A DISTANCE OF 123.55 FEET; THENCE SOUTH 198.63 FEET; THENCE SOUTH 54 DEGREES 58 MINUTES 19 SECONDS WEST A DISTANCE OF 20.41 FEET TO A POINT ON AN EASEMENT LINE DESCRIBED IN AN EASEMENT DEED RECORDED AS INSTRUMENT NO. 94- 099074, OFFICIAL RECORDS OF SAID COUNTY, SAID POINT LIES ON A CURVE, CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 46.00 FEET, A RADIAL TO SAID POINT BEARS NORTH 54 DEGREES 58 MINUTES 19 SECONDS EAST; THENCE WESTERLY A DISTANCE OF 91.99 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 114 DEGREES 35 MINUTES 3 SECONDS TO A POINT OF REVERSE CURVATURE; THENCE WESTERLY ALONG SAID EASEMENT LINE A DISTANCE OF 30.17 FEET ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 29.00 FEET AND A CENTRAL ANGLE OF 59 DEGREES 36 MINUTES 44 SECONDS TO A POINT OF TANGENCY ON A SOUTHERLY LINE OF SAID PARCEL l; THENCE ALONG SAID SOUTHERLY LINE WEST 4.47 FEET TO A SOUTHWEST CORNER OF SAID PARCEL 1; THENCE NORTH 227.81 FEET ALONG THE WESTERLY LINE OF SAID PARCEL 1 TO THE POINT OF BEGINNING. 0000 i STATE OF CALIFORNIA ) ss. COUNTY OF On , before me, , Notary Public, (Print Name of Notary Public) personally appeared Steve Hull ❑ personally known to me 11011 ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature Of Notary j00008 rrEM 5. Be MOORPARK REDEVELOPMENT AGENCY' ' AGENDA REPORT TO: Honorable Agency Board of Directors FROM: David C. Moe II, Redevelopment Manager n� DATE: March 8, 2008 (Agency Meeting of 3/19/08) SUBJECT: Consider Professional Services Agreement with Fiedler and Associates for Architectural Design of J. E. Clark's Replacement Fueling Station BACKGROUND AND DISCUSSION On December 15, 2006, the Redevelopment Agency of the City of Moorpark ( "Agency ") and Jim Clark, owner of the J.E. Clark fueling station, entered into a Property Acquisition Agreement for the purchase and relocation of the fueling station located at 450 High Street. Pursuant to the agreement, the Agency shall purchase a replacement site and provide the funds needed to design and construct a replacement fueling station ( "Station ") of similar size. The estimated cost to rebuild the Station is approximately $1,500,000.00; however, the final cost will be identified once the City of Moorpark has approved the building plans and construction bids have been received. The replacement site has been identified and approved by Mr. Clark. The site is located on Princeton Avenue and is currently vacant. On March 12, 2007, the Agency purchased the site at a cost of $577,684.34 to effectuate the relocation of the fueling station. The second phase of the relocation is the design phase. In this phase, the Agency will need to hire, at the sole cost of the Agency, an engineering firm selected by Mr. Clark to design the Station. The Fiedler Group is the engineering firm that Mr. Clark has identified to design the Station. Attached to the staff report is an agreement in the amount not to exceed $32,500 between the Agency and Fiedler Group for design services. Pursuant to the agreement, Fiedler Group will produce construction drawings for the Station. 400009 Honorable Agency Board of Directors March 19, 2008 Page 2 of 2 STAFF RECOMMENDATION Approve agreement for design services subject to final language approval by the Executive Director and Agency Legal Counsel. Attachment I Draft Agreement 000010 ATTACHMENT AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND FIEDLER AND ASSOCIATES FOR ARCHITECTURAL SERVICES This Agreement for Professional Services between the Redevelopment Agency of the City of Moorpark and Fiedler and Associates for Architectural Services ( "AGREEMENT ") is made and entered into in the City of Moorpark on this day of , 2008 by and between the Redevelopment Agency of the City of Moorpark ( "AGENCY "), a public body, corporate and politic, and Fiedler and Associates, a California corporation, doing business as Fiedler Group ( "ARCHITECT ") for provision of architectural and engineering services in relation to the development of a new fueling facility in Moorpark, California ( "Project "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. Term This AGREEMENT shall commence on and shall remain and continue in effect until the tasks described herein are completed, unless sooner terminated pursuant to the provisions of this AGREEMENT. 2. Services ARCHITECT shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. ARCHITECT shall complete the tasks according to the fee proposal which is also set forth in Exhibit A. Any and all services not specifically set forth in Exhibit A, shall be excluded from the services to be performed by ARCHITECT under this AGREEMENT. Such excluded services shall include, but not be limited to, hazardous materials investigation or abatement, field surveying and monumentation, site soils investigation, and special studies. 3. Performance ARCHITECT shall at all times faithfully and competently perform all tasks described herein. ARCHITECT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of ARCHITECT hereunder to meet its obligations under this AGREEMENT. ARCHITECT makes no warranties, express or implied, under this AGREEMENT. ARCHITECT shall be entitled to rely on any information provided by the AGENCY as accurate, in relation to the Project. ARCHITECT shall not at any time supervise, direct, or have control over any contractor's work, nor shall ARCHITECT have authority over or responsibility for the Professional Services Agreement between Page 1 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates i 0 U 011 means, methods, techniques, sequences, or procedures of construction selected or used by the contractor, for safety precaution and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with applicable laws and regulations. ARCHITECT shall neither guarantee or warrant the performance of any contractor, nor assume responsibility for any contractor's failure to furnish and perform its work in accordance with any contract between contractor and AGENCY. Further, ARCHITECT shall not be liable for the acts or omissions of any general contractor, sub- contractors, material suppliers, or any third party on this Project furnishing or performing any construction work. Likewise, ARCHITECT shall not be liable for any decisions made on interpretations or clarifications of the construction contract given by AGENCY without consultation and advice of ARCHITECT. 4. Responsible Individuals The individual directly responsible for ARCHITECT'S overall performance of the AGREEMENT provisions herein above set forth and to serve as principal liaison between AGENCY and ARCHITECT shall be or his designee. The Executive Director, or his designee, shall represent AGENCY in all matters pertaining to the administration of this AGREEMENT, review and approval of all products submitted by ARCHITECT. The City Manager is authorized to act on AGENCY'S behalf to execute all necessary documents which increase the scope of services or change ARCHITECT'S compensation, subject to Section 5 hereof. 5. Payment a) For furnishing services as set forth in Exhibit A, AGENCY shall pay and ARCHITECT shall receive as full compensation a total sum not to exceed $32,500. Payment shall be made by AGENCY within 30 -days of receipt of each invoice from ARCHITECT as specified in Exhibit A. If AGENCY fails to make any payment within said thirty (30) days, then the amounts due ARCHITECT shall be increased at the rate of 1.5% per month (or the maximum rate of interest permitted by law) from said thirtieth day. If AGENCY disputes any of ARCHITECT'S fees it shall give written notice to ARCHITECT within 10 -days of receipt of an invoice of any disputed fees set forth on the invoice. If AGENCY fails to pay any invoice within 30 days of receipt of such invoice, then after giving seven (7) days notice, ARCHITECT may suspend its services under this AGREEMENT until ARCHITECT has been paid in full all amounts due to ARCHITECT. b) Expenses incurred by ARCHITECT in performing the services under this AGREEMENT shall be reimbursed by AGENCY as reimbursable expenses. Reimbursable expenses are in addition to compensation for services as set forth in section 5a) above. Reimbursable expenses shall include, but not be limited to, the Professional Services Agreement between Page 2 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates 100012 following: permit fees, reprographics, postage and shipping, travel expenses, and additional expenses as set forth on the rate schedule, which is attached and incorporated herein as part of Exhibit A. Reimbursement for such expenses shall be made to ARCHITECT within thirty (30) days of AGENCY's receipt of such request from ARCHITECT. 6. Additional Services In the event that additional work is requested of ARCHITECT and /or its consultants, beyond the services set forth in Exhibit A ( "Additional Services "), or if required because of changes to the Project, ARCHITECT may be authorized to undertake and complete such additional work only if such authorization is provided by AGENCY in writing, identifying the exact nature of the additional work required. Additional Services will be billed at ARCHITECT'S standard hourly rates per its rate schedule, which is attached and incorporated herein as part of Exhibit A. 7. Suspension or Termination of Agreement a) The AGENCY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, by serving upon the ARCHITECT at least ten (10) days prior written notice. Upon receipt of said notice, the ARCHITECT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the AGENCY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT. Upon receipt of a termination notice, ARCHITECT will submit a final invoice to the AGENCY for payment of the work performed up to the time of the termination. AGENCY shall pay such invoice within thirty (30) days of receipt of such invoice, subject to the provisions governing disputed payments set forth in section 5(a).. b) ARCHITECT may terminate this AGREEMENT upon ten (10) days written notice (i) in the event of substantial failure by AGENCY to perform in accordance with this AGREEMENT, (ii) if ARCHITECT believes that ARCHITECT is being requested by AGENCY to furnish or perform services contrary to ARCHITECT'S responsibilities as a licensed professional, or (iii) if ARCHITECT'S services for the Project are delayed or suspended for greater than ninety (90) days for reasons beyond ARCHITECT'S control. ARCHITECT shall have no liability to AGENCY if ARCHITECT terminates this AGREEMENT pursuant to this section 7b). ARCHITECT will submit a final invoice to the AGENCY for payment of the work performed up to the time of the termination. AGENCY shall pay such invoice within thirty (30) days of receipt of such invoice, subject to the provisions governing disputed payments set forth in section 5(a). Professional Services Agreement between Page 3 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates 400013 8. Default of Architect a) The ARCHITECT'S failure to comply with the provisions of this AGREEMENT shall constitute a default. In the event that ARCHITECT is in default for cause under the terms of this AGREEMENT, AGENCY shall have no obligation or duty to continue compensating ARCHITECT for any work performed after AGENCY has given ARCHITECT written notice of such default, as set forth below, and can terminate this AGREEMENT immediately by written notice to the ARCHITECT. If such failure by the ARCHITECT to make progress in the performance of work hereunder arises out of causes beyond the ARCHITECT's control, and without fault or negligence of the ARCHITECT, it shall not be considered a default. b) If the Executive Director or his /her designee determines that the ARCHITECT is in default in the performance of any terms or conditions of this AGREEMENT, the Executive Director shall cause to be served upon the ARCHITECT a written notice of the default. The ARCHITECT shall have ten (10) days after service of said notice in which to cure the default by rending a satisfactory performance. In the event that the ARCHITECT fails to cure its default within such period of time, the AGENCY shall have the right, notwithstanding any other provision of this AGREEMENT, to terminate this AGREEMENT without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this AGREEMENT. 9. Indemnification /Limitation of Liability a) ARCHITECT shall indemnify, protect, defend and hold harmless AGENCY, and any and all of its employees, officials, and agents ( "the Indemnitees ") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of ARCHITECT, its officers, agents, employees or subcontractors (or any entity or individual that ARCHITECT shall bear the legal liability thereof ) in the performance of professional services under this AGREEMENT. b) ARCHITECT agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of ARCHITECT in the performance of this AGREEMENT. In the event ARCHITECT fails to obtain such indemnity obligations from others as required here, ARCHITECT agrees to be fully responsible according to the terms of this section. Failure of the AGENCY to monitor compliance with these requirements imposes no additional obligations on AGENCY and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend AGENCY as set forth here is binding on the successors, assigns or heirs of ARCHITECT and shall survive the termination of this AGREEMENT or this section. Professional Services Agreement between Page 4 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates !00014 c) AGENCY shall indemnify, protect, defend and hold harmless ARCHITECT, and any and all of its officers, agents, employees and subcontractors (or any entity or individual that ARCHITECT shall bear the legal liability thereof ) from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs to the extent same are caused in whole or in part by any negligent or wrongful act, error or omission of AGENCY or its employees, officials, consultants, or agents in relation to this AGREEMENT or the Project. d) Neither party shall, under any circumstances, be liable to the other party for consequential, incidental, exemplary, or economic loss damages arising out of or related in any way to this AGREEMENT or the Project, except as already indemnified in Section 9. a, 9. b and 9.c. f) The obligations as set forth in this section 9 are binding on the successors, assigns or heirs of the parties to this AGREEMENT and shall survive the termination of this AGREEMENT or this section. 10. Insurance ARCHITECT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit B attached to and part of this AGREEMENT. 11. Independent Consultant a) ARCHITECT is and shall at all times remain as to the AGENCY a wholly independent consultant. The personnel performing the services under this AGREEMENT on behalf of ARCHITECT shall at all times be under ARCHITECT'S exclusive direction and control. Neither AGENCY nor any of its officers, employees, or agents shall have control over the conduct of ARCHITECT or any of ARCHITECT'S officers, employees, or agents, except as set forth in this AGREEMENT. ARCHITECT shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the AGENCY. ARCHITECT shall not incur or have the power to incur any debt, obligation, or liability whatever against AGENCY, or bind AGENCY in any manner. b) No employee benefits shall be available to ARCHITECT in connection with the performance of this AGREEMENT. Except for the fees paid to ARCHITECT as provided in the AGREEMENT, AGENCY shall not pay salaries, wages, or other compensation to ARCHITECT for performing services hereunder for AGENCY. AGENCY shall not be liable for compensation or indemnification to ARCHITECT for injury or sickness arising out of performing services hereunder. Professional Services Agreement between Page 5 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates UU015 12. Notices Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by 1) personal service, 2) delivery by a reputable document delivery service, which provides a receipt showing date and time of delivery, or 3) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice: AGENCY: Redevelopment Agency of the City of Moorpark 799 Moorpark Avenue Moorpark, CA 93021 Attn: Executive Director ARCHITECT: Fiedler and Associates 2322 West Third Street Los Angeles, CA 90057 Attn: Patrick O'Fiedler, P.E. 13. Assignment Neither party shall assign this AGREEMENT, nor any part thereof, without the prior written consent of the other party. 14. Entire Agreement This AGREEMENT, including all writings specifically incorporated herein by reference, shall constitute the complete Agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding on the parties hereto. Should interpretation of this AGREEMENT, or any portion thereof, be necessary, it is deemed that this AGREEMENT was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the AGREEMENT or caused it to be prepared. No waiver of any provision of this AGREEMENT shall be deemed or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provisions. No waiver shall be binding, unless executed in writing by the party making the waiver. Professional Services Agreement between Page 6 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates #00016 15. Anti - Discrimination In the performance of the terms of this AGREEMENT, ARCHITECT agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, creed, sex, sexual orientation, national origin, ancestry, religion, physical disability, medical disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in the Labor Code of the State of California Section 1735. 16. General Conditions a) ARCHITECT agrees not to work for any private firm located within the city limits or its Area of Interest, or for any public agency where its jurisdiction includes all or part of the AGENCY without the prior written consent of the AGENCY, during the term of this AGREEMENT. Furthermore, ARCHITECT agrees to limit its actions related to economic interest and potential or real conflicts of interest as such as defined by applicable State law to the same standards and requirements for designated agency employees. b) AGENCY shall not be called upon to assume any liability for the direct payment of any salary, wage or other compensation to any person employed by ARCHITECT performing services hereunder for AGENCY. c) All work, original reports, plans, specifications, field data and notes, documents, calculations, and other related materials, whether in written or electronic format, prepared by ARCHITECT are instruments of service ( "Instruments of Service ") and shall remain the property of ARCHITECT, which shall retain all common law, statutory law and other rights therein, including, but not limited to, copyrights. AGENCY agrees not to use the Instruments of Service, in whole or in part, for any purpose or project other than the Project which is the subject of this AGREEMENT. AGENCY agrees to waive all claims against ARCHITECT resulting in any way from any unauthorized changes or reuse of the Instruments of Service for any other project by anyone other than ARCHITECT. In addition, AGENCY agrees to release ARCHITECT from any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs arising out of the use of the Instruments of Service on a separate project, and to defend, indemnify and hold ARCHITECT harmless from any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs arising out of the use of the Instruments of Service on a separate project. d) Nothing contained in this AGREEMENT shall be deemed, construed or represented by AGENCY or ARCHITECT or by any third person to create the Professional Services Agreement between Page 7 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates 00001: 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 ARCHITECT. e) 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 attorneys' fees, from the losing party, and any judgment or decree rendered in such a proceeding shall include an award thereof. f) Cases involving a dispute between AGENCY and ARCHITECT may be decided by an arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected, with costs proportional to the judgment of the arbitrator. g) The captions and headings of the various Sections and Exhibits of this AGREEMENT are for convenience and identification only and shall not be deemed to limit or define the content of the respective Sections and Exhibits hereof. h) 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. i) If any portion of this AGREEMENT is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will never - the -less continue in full force without being impaired or invalidated in any way. j) No officer, employee, director or agent of the AGENCY shall participate in any decision relating to this AGREEMENT which affects the individual personal interest or the interest of any corporation, partnership, or association in which he is directly or indirectly interested, or shall any such person have any interest, direct or indirect, in this AGREEMENT or the provisions thereof. 17. Governing Law The AGENCY and ARCHITECT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this AGREEMENT. This AGREEMENT is made, entered into, and executed in Ventura County, California, and any action filed in any court or for arbitration for the interpretation, enforcement or other action of the terms, conditions or covenants referred to herein shall be filed in the applicable court in Ventura County, California. Professional Services Agreement between Page 8 of 10 Redevelopment Agency of the City of Moorpark and Fiedler and Associates +00018 18. Authority to Execute this Agreement The person or persons executing this AGREEMENT on behalf of the parties warrant and represent that they have the authority to execute this AGREEMENT on behalf of the ARCHITECT and has the authority to bind ARCHITECT to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK: By: Steven Kueny Executive Director ATTEST: Deborah S. Traffenstedt, Agency Secretary ARCHITECT: Fiedler and Associates Patrick O. Fiedler, President Exhibit "A ": Proposal for Architectural Services Exhibit "B ": Insurance Requirements rroressional zierwces Agreement between Redevelopment Agency of the City of N(oorpark and Fiedler and Associates Page 9 of lo 000019 fiedlergroup Architecture - Engineering ® Planning • Project Management EXHIBIT A POF -11323 February 21, 2008 City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Attn: Mr. David C. Moe Subject: New Fueling Facility Moorpark, California Re: Architectural /Engineering Services Dear Mr. Moe: We are pleased to submit the following architectural /engineering services proposal to assist you with your facility at the above mentioned location. In order to assist you with your review of our proposal, we have broken it down as follows: I. Proiect Description: A. Project will consist of the following: 1. (1) 20'X 60' Canopy with (4) Islands 2. (1) 20'X 25' Contractor Diesel Island 3. (1) 20'X 25' Gasoline Island II. Architectural /Engineering Services A. Phase II - Entitlement Services 1. Exhibits: a) Application b) Site Plan C) Conceptual Grading Plan d) Canopy Plan & Elevations e) Conceptual Landscape Plan f) Conceptual Fence/Wall Plan g) Conceptual Lighting Plan h) WQMP Compliance Plan 2. Meetings and Hearings: a) Attend two meetings with City Staff. b) Attend one Public Hearing. fiedlergroup.com o00020 2322 West Third Street • Los Angeles, California 90057 -1906 • Phone: 213 - 381 -7891 • Fax: 213 - 381 -1517 POF -11323 February 21, 2008 III. Assumptions A. Client provides current title report. B. Client provides site survey. C. Client provides soils report. D. Photometric study to be provided by lighting supplier. E. For project durations in excess of 6 months any additional costs will be billed hourly per attached rate schedule. IV. Exclusions The following services are not included in this project. They can be provided by written modification to this agreement. A. Hazardous Materials Investigation or Abatement B. Field Surveying and Monumentation C. Site Soils Investigation D. Special Studies V. Reimbursable Expenses: A. Permit Fees B. Reprographics C. Postage & Shipping D. Travel Expense VI. Estimated Cost of Architectural /Engineering Services We estimate the cost to provide the above described architectural /engineering services as follows: A. Phase II - Entitlement Services (Fixed Fee): $32,500.00 VII. Payment Terms: Our services would be billed as follows: A. Phase II Entitlement Services: 1. 30% payment at notice to proceed. 2. 50% due upon issuance of Entitlement exhibits. 3. 20% due at Planning Commission Hearing. B. Any additional work will be billed per our attached standard rate schedule. C. Proposal valid for 30 days. 000021 fiedlergroup © 2008 2 of 4 I: \projects \11323 \Project Management \000 Contract Documents \10 Contracts & Additional Services\ 113 23-2008-02-21 -Proposal-City of Moorpark.doc POF -11323 February 21, 2008 We look forward to working together with you on this project. If you have any questions or need additional information, please do not hesitate to contact me. Very truly yours, Qj;Uz,ic Patrick O. Fiedler, P.E. President POF /vli Attachments: Rate Schedule 000022 fiedlergroup © 2008 3 of 4 I: \projects \11323 \Project Management \000 Contract Documents \10 Contracts & Additional Services \11323- 2008- 02 -21- Proposal -City of Moorpark.doc POF -11323 February 21, 2008 RATE SCHEDULE EFFECTIVE AUGUST 1, 2006 Hourly Rate Schedule Principal /Program Manager (A) $125.00 per hour Project Engineer /Architect/Design Coordinator (B) $94.00 " Sr. Draftsperson /Designer /Field Engineer (C) $88.00 " Permit/Office /Liaison Engineers (D) $83.00 " Draftsperson (E) $77.00 " Specification Tech. & Word Processing (F) $62.00 " Steno /Clerk/Typist (G) $48.00 " Overtime is available upon special request Expert Testimony Materials and Supplies $350.00 per hour ($700.00 min.) Office and normal drafting supplies are included in the hourly rates. Photographs: $1.00 each Reprographics: Bond (White) $0.58 per sq ft Stapling (Set) $2.00 each Folding (Set) $1.50 each Print Setup Fee outside of contract $35.00 Scan Only' /2 Size $27.00 Scan /Print 24" X 36" $29.00 Scan/Print ' /z Size $33.00 Color Print 24" X 36" Photo Quality Paper $75.00 Special materials, fees, services, reproductions, postage /shipping /delivery, plotting, and blueprinting outside of our office at actual cost plus 15 %. Back -ups for outside services less than $50.00 will be provided upon client request on a time and materials basis. III. Mileage and Subsistence Auto Mileage Prevailing IRS Mileage Rate Air Travel and Auto Rental (Actual Cost) Subsistence when required to stay out of town (Actual Cost) IV. Invoices and Payment Invoices will be submitted every four weeks for services rendered. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay interest of 1 -1/2% per month on past due accounts. #00023 fiedlergroup © 2008 4 of 4 I: \projects \11323 \Project Management \000 Contract Documents \10 Contracts & Additional Services\ 113 23-2008-02-21 -Proposal-City of Moorpark.doc EXHIBIT B Insurance Requirements ARCHTIECT shall, at all times during the term of this AGREEMENT, maintain and keep in full force and effect, the following policies of insurance with minimum limits as indicated below and issued by insurers with A.M. Best ratings of no less than A -:VI. Commercial general liability at least as broad as ISO CG 0001 (per occurrence) $1,000,000 (general aggregate) $2,000,000 Commercial Auto Liability at least as broad as ISO CA 0001 (per accident) $1,000,000 Errors and Omissions Liability (per claim and aggregate) $1,000,000 Worker's Compensation Statutory All insurance required by this section shall apply on a primary basis. ARCHITECT agrees that it will not cancel or reduce said insurance coverage. ARCHITECT agrees that if it does not keep the aforesaid insurance in full force and effect AGENCY may either immediately terminate this AGREEMENT or, if insurance is available at a reasonable cost, AGENCY may take out the necessary insurance and pay, at ARCHITECT'S expense, the premium thereon. Auto liability insurance shall cover owned, nonowned and hired autos. If ARCHITECT owns no vehicles, auto liability coverage may be provided by means of a nonowned and hired auto endorsement to the general liability policy. At all times during the term of this AGREEMENT, ARCHITECT shall maintain on file with AGENCY a certificate of insurance, in a form acceptable to AGENCY, showing that the aforesaid policies are in effect in the required amounts. The general liability policy shall contain or be endorsed to contain a provision including the AGENCY, its officials, employees and agents, as additional insureds. ARCHITECT shall promptly file with AGENCY such certificate or certificates and endorsements if applicable. Coverage for additional insureds shall apply to the fullest extent permitted by law. No policy required by this section shall prohibit ARCHITECT from waiving any right of recovery prior to loss. ARCHITECT hereby waives such right with regard to the Indemnitees. All insurance coverage and limits provided by ARCHITECT and available or applicable to this AGREEMENT are intended to apply to the full extent of the policies. Nothing contained in this AGREEMENT limits the application of such insurance coverage. Professional Services Agreement between Redevelopment Agency of the City of Moorpark and Fiedler Group. 000024 Consistent with this section, ARCHITECT shall provide workers' compensation insurance as required by the California Labor Code. If any class of employees engaged by ARCHITECT in work under this AGREEMENT is not protected by the workers' compensation law, ARCHITECT shall provide adequate insurance for the protection of such employees to the satisfaction of AGENCY. At such point in time that ARCHITECT obtains and provides any of the above insurance with coverage limits in excess of the amounts specified above to another of ARCHITECT'S clients, ARCHITECT shall immediately provide these same coverage limits to AGENCY. AGENCY does not, and shall not; waive any rights that it may have against ARCHITECT by reason of this section, because of the acceptance by AGENCY, or the deposit with AGENCY, of any insurance policy or certificate required pursuant to this AGREEMENT. The hold harmless and indemnification provision shall apply regardless of whether or not said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense described in this section. Professional Services Agreement between Redevelopment Agency of the City of Moorpark and Fiedler Group. 100025 ITEM (o. A. .3 - / 9 -goo -8 �,oGfcQpa;c,ov- M_IN�.ITES OF THE REDEVELOPMENT AGENCY oorpark, California February 20, 2008 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on February 20, 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 7:17 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. PRESENTATION ACTION DISCUSSION: A. Consider Eighteen Month Performance Review of the Hiah Street Arts Center. Staff Recommendation: 1) Direct staff to determine the necessary actions to form a Moorpark Community Foundation of the Arts; and 2) Continue financial support for the High Street Arts Center until at least June 30, 2009. Mr. Riley gave the staff report and discussed Agency budget reporting for Fiscal Year 2007/08, which failed to properly advise the board that an increase in expenses was being recommended. A discussion followed among the Agency Members and staff: 1) Clarifying the shortfall in revenues from the theater, and the need to budget, beyond the original $300,000 for the first three years of operation, an additional $30,000 - $40,000 annually for increased expenses; 2) Confirming that there is no recommendation to close the theater; 3) In addition to the 18- month theater performance review, the Agency will consider the Mayor's proposed Business Plan for the theater; and 4) In the Agency's original consideration to run the theater, revenue projections were based upon t00026 Minutes of the Redevelopment Agency Moorpark, California Page 2 February 20 2008 information from the Theater on High Street Foundation and past experience of Mr. Larry Janss. L.J. Stevens, contract manager for the High Streets Art Center, apologized for sending an email to her colleagues in the arts, which was forwarded to the Councilmembers and the Mayor. She stated she hopes to continue to work to enrich the arts in Moorpark with open communication. Mayor Hunter accepted Ms. Stevens' apology. The following speakers spoke in support of the High Street Arts Center in either its current operation or with the addition of the Mayor's business plan to expand the use of the theater: Rolland Petrello Leslie Nichols Regina Mocey Jean Donahue Ralph Mauriello Darby Shields Reeshan Gulati Tuomi Bruce Thomas Rich Burlingham Johanna Burlingham Linda Livingston Dr. Clint Harper Bob Peskay Thomas McKenzie Margaret Travers Cheryl De Bari David Allen Peter Foy Dawn Mortara Stuart Cooper Pamela Castro George Kralemann Greg Gillis -Smith John Procter Bill Amador In response to Chair Hunter, Ms. Traffenstedt summarized one Written Statement card from Mary Verleur in opposition to the Mayor's new business plan and in support of keeping the High Streets Arts Center in its current format. Ms. Traffenstedt stated one more speaker had arrived in the audience. '00027 Minutes of the Redevelopment Agency Moorpark, California Page 3 February 20 2008 Pam Rossi, Moorpark, dance school business owner and Artistic Director of Moorpark Civic Ballet, spoke in support of expanding the uses of the theater. AT THIS POINT in the meeting, a recess was declared. The time was 8:55 p.m. The meeting reconvened at 9:18 p.m. Chair Hunter stated it was never his intent to close the theater or to criticize the current productions. He gave a PowerPoint presentation showing comparisons of the 2006/07 season versus the 2007/08 season in the areas of seating capacity, tickets sold, and percentage of concession sales versus box office ticket sales. He stated his business plan was a proposal intended to stimulate discussion on enhanced efficiency of the facility, to broaden the range of activities involving the community, and to guarantee sound stewardship of public funds. MOTION: Agency Member Mikos moved for the purposes of discussion and Agency Member Millhouse seconded for the purposes of discussion a motion to: 1) Continue to financially support the High Street Arts Center (HSAC), to expressly honor the previously approved three -year commitment to the present operating model through June 30, 2009, including the currently approved funding in the 2007 -2008 adopted agency operating budget, with another review in June 2008, as part of the 2008 -2009 budget adoption, and another mid -year progress review in January 2009; 2) Direct staff to evaluate the practical feasibility, including the staffing and fiscal impacts of potential future near term or longer term modifications to the HSAC's operating plans and procedures as outlined in the agenda report, as outlined in Agency Chair Hunter's Concept Plan that was released to the media last week, and any other ideas that may come forward for future consideration; 3) Approve the creation of a Moorpark Community Foundation for the Arts as a nonprofit tax exempt public benefit corporation organized for public and charitable purposes, specifically to support, encourage, and enhance presentation of the performing and visual arts, educational programs, and cultural activities within the City of Moorpark, with a mission to raise funding for annual arts support and to establish an endowment fund, which will serve as a sustaining revenue source for the High Street Arts Center, and a stipulation that the foundation shall have no direct involvement in the finances or management of operations of the Arts Center; and 4) Direct staff to determine and effectuate the necessary steps and actions to create this foundation at the earliest possible date, with the support of the City Attorney, at a cost not to exceed $5,000 without additional Agency approval. A discussion followed among the Agency Members and staff regarding a failure to identify, in the narrative portion of the mid -year Agency budget report, the decrease in revenues for the theater; the need for increased understanding of the function of the arts center in the community; staff's ability to move forward, as they did with acquiring the Moorpark Library from the County, to hire a contractor, set bench marks, and make the High o00028 Minutes of the Redevelopment Agency Moorpark, California Page 4 February 20 2008 Street Arts Center a collaboration between staff, professionals, and the community for what is best financially for the theater and to continue to present excellent, quality productions. Further discussion followed regarding Agency Member Millhouse's recommendation to form an ad hoc committee to refine the proposal prior to returning it to the Agency. AMENDED MOTION: Agency Member Mikos moved to amend number 2 and Agency Member Millhouse seconded the amendment to number 2 of the motion to include formation of the High Streets Arts Center ad hoc committee to meet prior to returning discussion of this to the Agency at the first meeting in May 2008. Agency Members Mikos and Van Dam volunteered to serve on the High Street Arts Center ad hoc committee. The amended motion carried by unanimous roll call vote. 6. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Millhouse moved and Agency Member Parvin 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 January 16 2008. Staff Recommendation: Approve the minutes. 7. CLOSED SESSION: None was held. B. ADJOURNMENT: MOTION: Agency Member Parvin moved and Agency Member Van Dam seconded a motion to adjourn the meeting of the Moorpark Redevelopment Agency. The motion carried by unanimous voice vote. The time was 10:05 p.m. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary �U+O029 ITEM 6. 8• e3 -/9 -aoo g MOORPARK REDEVELOPMENT AGENCY '/ • aadr— AGENDA REPORT Lf2' TO: Honorable Board of Directors FROM: Johnny Ea, Finance Director Prepared by: Debbie Burdorf, Accountant I DATE: March 5, 2008 (Agency meeting of March 19, 2008) SUBJECT: Consider Resolution Authorizing Mid -Year Amendments to 2007/2008 Fiscal Year Budget BACKGROUND The Board of Directors adopted a budget for fiscal year 2007/2008 on June 20, 2007, and has amended it several times for various projects and programs. After a review of the current budget status, in anticipation of developing a budget recommendation for the new fiscal year, staff has compiled additional recommended budget amendments for the Board's consideration. DISCUSSION The attached resolution makes several revenue and expenditure adjustments to the currently adopted 2007/2008 fiscal year budget, with an explanation for each item contained in Exhibit "B ". Revenue adjustments are either increases or decreases due to changes in revenue projections from the original budget. Expenditure adjustments are critical items that were not previously included in the budget or requests for increases or decreases in funds based on the MRA's activities. These increases will be covered by additional projected revenues or available reserves. As shown in Exhibit "B ", the MRA Low /Mod Income Housing Fund (2901) revenue is projected to increase by $100,000 as a result of higher property tax revenues than anticipated. An expenditure increase of $20,349 is requested for additional legal services performed by the City Attorney as a result of affordable housing issues for Waterstone and the Fountains Apartments. However, an expenditure decrease of $20,000 is projected for contractual services due to delayed escrow closings and completion of tasks by City staff that were formerly contracted with Cabrillo Economic Development Corporation. The MRA Area 1 Operating Fund (2902) revenues show a net decrease of $80,900 primarily due to demolition of rental properties and less rental revenue received than 000030 Honorable Board of Directors March 19, 2008 Page 2 anticipated from property rental to contractors for equipment storage. Expenditure increases totaled $95,890, including $40,000 for additional property maintenance costs associated with an increased number of properties and $31,300 to rebuild a retaining wall at 347 Moorpark Avenue. During pre - demolition meetings, it was noted that the existing retaining wall was leaning toward the property to the South, so the retaining wall was reconstructed to avoid potential impact on the adjacent property. The MRA 2006 Tax Allocation Bonds Fund (2905) revenue is projected to increase by $400,000 in interest earnings that were not included in the original budget. The MRA Area 1 Debt Service Fund (3900) revenue is projected to increase by $500,000 as a result of higher property taxes than originally budgeted. FISCAL IMPACT Exhibit "A" summarizes the projected changes to revenues and expenditures and the net fiscal impact by fund. Overall, the net increase in revenue is $919,100 and the net increase in expenditures is $96,239 for all MRA funds. STAFF RECOMMENDATION (Roll Call Vote Required) 1. Adopt Resolution No. 2008- amending the fiscal year 2007/2008 budget as noted in Exhibits "A & B" to the attached resolution. 00031 RESOLUTION NO. 2008- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE FISCAL YEAR 2007/2008 ADOPTED OPERATING AND CAPITAL IMPROVEMENTS BUDGET WHEREAS, on June 20, 2007, the Moorpark Redevelopment Agency adopted the Operating and Capital Improvements Budget for fiscal year 2007/2008; and WHEREAS, certain additions and adjustments to the budget are proposed to allow for effective service delivery for the balance of the fiscal year; and WHEREAS, the Board of Directors of the Moorpark Redevelopment Agency now wishes to amend the 2007/2008 fiscal year budget as noted in Exhibits "A & B ". NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment as more particularly described in Exhibits "A & B" 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 March, 2008. Patrick Hunter, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Attachment: Exhibits A and B — Mid Year Budget Amendment 000032 Exhibit "A" MOORPARK REDEVELOPMENT AGENCY Mid -Year Budget Amendment for Fiscal Year 2007/08 Summary by Fund M0033 Projected Projected Net Fund Revenue Expenditure Impact Increase Increase Increase Fund (Decrease) (Decrease) (Decrease) 2901 - Low /Mod Housing $ 100,000 $ 349 $ 99,651 2902 - MRA Operation (80,900) 95,890 (176,790) 2905 - MRA 2006 TA Bonds 400,000 - 400,000 3900 - MRA Debt Service 500,000 500,000 $ 919,100 $ 96,239 $ 822,861 M0033 Exhibit "B" Moorpark Redevelopment Agency Mid -Year Budget Amendment for Fiscal Year 2007/08 Object Current Current Amended Budget Unit Code Fund /Division Description Budget Actual Revision Budget Explanation REVENUE: 2901 3721 MRA Low /Mod Income Tax Increment $ 1,197,600 $ 743,475 $ 100,000 1,297,600 Higher property tax revenue than anticipated $ 100,000 2902 3882 Redevelopment Agency Sale of Plans /Specs - 285 350 350 Demolition projects 2902 3404 Redevelopment Agency Rents - Tenants 122,824 15,827 (85,000) 37,824 Decreased due to demolition of rental properties 2902 - 2410 -5030 3408 Redevelopment Agency Other Earnings /Rents - 3,750 3,750 3,750 Seasonal theatre program brochure advertising (80,900) 2905 3400 MRA Tax Allocation Bonds Investment Earnings 240,975 400,000 400,000 Interest earnings in new fund (2006 Tax Allocation Bonds) 400,000 3900 3020 MRA Area Debt Service Tax Increment 5,100,000 2,881,782 500,000 5,600,000 Higher property tax than anticipated 500,000 Total revenue $ 919,100 EXPENDITURES: 2901 - 2420 -0000 9122 MRA - Housing Legal Services - Non Retainer $ 5,000 $ 14,612 $ 20,349 $ 25,349 Additional legal services 2901- 2420 -5025 9102 MRA Low /Mod Income Contractual Services 48,542 - (20,000) 28,542 Delayed escrow closings: in house staff completed tasks formerly contracted with Cabrillo Economic Development Corp. 2902 - 2410 -0000 9121 Redevelopment Agency Legal Services - Retainer 2902 - 2410 -0000 9234 Redevelopment Agency Advertising 2902 - 2410 -0000 9252 Redevelopment Agency Property Maintenance 2902 - 2410 -5039 9620 Redevelopment Agency Construction law �i W $ 349 3,600 12,173 17,738 3,000 7,989 6,852 20,000 40,433 40,000 - - 31,300 95,890 Total expenditures $ 96,239 21,338 Additional legal services for affordable housing at Waterstone and the Fountains apartments 9,852 Redevelopment plan amendment ad in the Ventura County Star 60,000 Property maintenance costs for increased number of properties 31,300 Rebuild retaining wall at 347 Moorpark Ave. as a result of demolition work S: \Finance \Johnny's Folder \Midyear Analysis \07 -08 \RDA \Mid Year Budget Amendment (b & w) 07 -08 1TEM ; y_ (. C . MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Agency Board FROM: David C. Moe II, Redevelopment Manager BY: Jessica Sczepan, Administrative Speci DATE: March 11, 2008 (Agency Meeting of 3/19/08) SUBJECT: Consider Authorization of Recordation of the Notice of Completion for 347 and 675 Moorpark Avenue Demolition Project BACKGROUND On October 17, 2007, the Agency Board awarded the 347 and 675 Moorpark Avenue demolition contract to Midwest Environmental Control for $36,285 with a 10% contingency for an overall budget of $40,000. Midwest Environmental Control has completed its work and staff is requesting that the Agency Board authorize the recordation of the Notice of Completion. DISCUSSION The work began December 17, 2007, and was completed March 5, 2008. All punch list items have also been completed. There were two change orders for this project. Change Order No. 1 provided repairs to the fence around the 675 Moorpark Avenue site, for an additional cost of $1,125.32. The fencing was damaged during a Santa Ana wind event and staff requested the Contractor to fix it, since they were still on site. Change Order No. 2 provided for the repair and replacement of the southerly retaining wall on the 347 Moorpark Avenue site for an additional cost of $28,451.20. The retaining wall failed during a rain event and staff authorized the change order to protect the property to the south. The funding for this change order was approved under the Mid -Year Amendment item on the Agency Board's March 19, 2008 agenda. At the completion of the demolition work, the total cost of the contract is $65,681. With the Agency Board's authorization to record the Notice of Completion, the Contractor will receive the balance of the payment due 35 days after the recordation of the Notice of Completion. Additionally, the Agency Secretary's office will be authorized to release the project bonds in accordance with contract provisions. STAFF RECOMMENDATION Authorize the Agency Secretary to file the Notice of Completion and authorize the release of the balance of payment thirty -five calendar days after Notice of Completion records and release the project bonds consistent with the contract provisions. Attachment 1: Notice of Completion 4)0035 ATTACHMENT 1 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO I NAME Redevelopment Agency STREET 799 Moorpark Avenue ADDRESS CITY Moorpark, CA 93021 STATE ZIP Attn-. Agency Secretary L 000036 No Fee Required (Govt Code Sec 6103 & 27383 NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is Redevelopment Agency of the City of Moorpark _ 3. The full address of the owner is 799 Moorpark Avenue, Moorpark, CA 93021 4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike 'In fee' and insert, for example, 'purchaser under contract of purchase,' or *Lessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. The full names and full addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to: NAMES ADDRESSES 7. A work of improvement on the property hereinafter described was completed on March 5, 2008 The work done was: Demolition of two commercial structures 8. The names of the contractor, if any, for such work of improvement was Midwest Environmental Control Inc November 9 2007 (if no contractor for work of improvement as a whole, insert'None'l (Date of Contracti 9. The property on which said work of improvement was completed is in the City of Moorpark _ County of Ventura , State of CA , and is described as follows: 511 -0 -101 -350, 511 -0 -050 -065 10. The street address of said property is 347 Moorpark Avenue, 675 Moorpark Avenue, Moorpark, CA_93021 (If no street address has been officiaNy assigned, insert 'no"*.) Dated (Signature of Owner or corporate officer of Owner named in paragraph 2. or his agent) Steven Kueny, Executive Director VERIFICATION I, the undersigned, say: I am the Executive Director the declarant of the foregoing Notice of Completion; (president of, Manager of, Partner of, Owner of, etc.) I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 2008 at Moorpark , califor true) Before you use this forth, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer WOLCOTTS FORM 11 14 - (Price class 38) if you doubt the form's fitness for your purpose and use Wolcotts makes I� II I�III� NOTICE OF COMPLETION - Rev. 7 -99 no representation or warranty. express or implied, with respect to the 01999 FORMS, merchantability or fitness of this form for an intended use or WOLCOTTS INC. purpose 7 11p67775 39114 5 000036