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HomeMy WebLinkAboutAG RPTS 2008 1217 RDA REG* J ESTABLISHED UMN l.. its? IF0�N�a QV Resolution No. 2008 -205 ofva °� MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, DECEMBER 17, 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. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) A. Consider Minutes of Special Meeting of December 3, 2008. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting_ of December 3, 2008. Staff Recommendation: Approve the minutes. C. Consider Plans and Specifications and Authorization to Advertise for Bids for the Construction of a Public Parking Lot: Relocation of the Walnut Canyon Flood Channel: Post Office Access Road; and High Street Resurfacing. Staff Recommendation: 1) Approve the project as outlined in the agenda report; 2) Rescind October 1, 2008, authorization for a sole source purchase of storm water pipe from Rinker Materials; 3) Approve the plans and specifications for the project and authorize staff to advertise for bids; and 4) Authorize staff to purchase the required storm water pipe after advertising and receiving sealed bids. (Staff: David Moe) Redevelopment Agency Agenda December 17, 2008 Page 2 5. CONSENT CALENDAR: (continued) D. Consider Resolution Amending Fiscal Year 2008/09 Budget by Reducing the Appropriations of Capital Improvement Projects 5032 — Property Acquisition /Rehabilitation and 5036 —Mixed Income Residential Housing. Staff Recommendation: Adopt Resolution No. 2008- ROLL CALL VOTE REQUIRED (Staff: Hugh Riley) 6. CLOSED SESSION: A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Subdivision (b) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the Government Code: (Number of cases to be discussed - 4) 7. ADJOURNMENT: 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.mooraark.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 bythe 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 II). Redevelopment Agency Agenda December 17, 2008 Page 3 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, December 17, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on December 12, 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 December 12, 2008. Maureen Benson, Assistant City Clerk �/(o��� -��r aDY V- I, TTEM MINUTES OF THE REDEVELOPMENT AGENCY Moorpark, California 5•A• December 3, 2008 A Special Meeting of the Redevelopment Agency of the City of Moorpark was held on December 3, 2008 in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. CALL TO ORDER: Chair Hunter called the meeting to order at 6:16 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; Barry Hogan, Deputy City Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 5. CLOSED SESSION: Mr. Kueny requested the Agency go into closed session for discussion of Items 5.C. and S.D. on the agenda. MOTION: Agency Member Van Dam moved and Agency Member Millhouse seconded a motion to adjourn to closed session for discussion of Items S.C. and 5.D. on the agenda. The motion carried by unanimous voice vote. C. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 192 High Street (APN 512 -0- 090 -100) 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 00001 Minutes of the Redevelopment Agency Moorpark, California Page 2 December 3, 2008 D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Pursuant to Government Code Section 54956.8) Property: 480 Los Angeles Avenue (APN 506 -0- 050 -080) Agency Negotiator: Redevelopment Agency of the City of Moorpark — Steven Kueny, Executive Director Negotiating Parties: State of California Department of Transportation Under Negotiation: Price and terms of payment Present in closed session were Agency Members Mikos, Milihouse, Parvin, Van Dam, and Chair Hunter; Steven Kueny, Executive Director; Joseph Montes, General Counsel; Hugh Riley, Assistant Executive Director; Barry Hogan, Deputy City Manager; and Deborah Traffenstedt, Administrative Services Director /City Clerk. The Agency reconvened into open session at 6:33 p.m. Mr. Kueny stated Items S.C. and 5.D. were discussed and there was no action to report. 6. ADJOURNMENT: Chair Hunter adjourned the meeting at 6:33 p.m. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary °z�J(1r.12 ITEM 5. B. /01- J7—ae ti. 8 44*t"dA -- MINUTES OF THE REDEVELOPMENT AGENCY Moorpark Ca ifornia December 3, 2008 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on December 3, 2008, in the Community Center of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Parvin called the meeting to order at 9:27 p.m. 2. ROLL CALL: Present: Agency Members Mikos, Millhouse, Van Dam, and Chair Parvin. 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 Resolution Approving Disposition and Development Agreement Between the Redevelopment Agency of the City of Moorpark and Aszkenazy Development, Inc. (continued from November 19, 2008) Staff Recommendation: 1) Adopt Resolution No. 2008-, approving Disposition and Development Agreement, subject to final language approval by the Executive Director and Agency General Counsel; and 2) Authorize the Chair of the Redevelopment Agency to execute all documents necessary for this transaction. ROLL CALL VOTE REQUIRED Mr. Riley requested this item be removed from the calendar. In response to Chair Parvin, Ms. Traffenstedt stated there were no speakers. MOTION: Agency Member Mikos moved and Agency Member Van Dam seconded a motion to remove this item from the calendar. The motion carried by unanimous voice vote. �1lJ003 Minutes of the Redevelopment Agency Moorpark, California Page 2 December 3 2008 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 Minutes of Special Meeting of November 19, 2008. Staff Recommendation: Approve the minutes. B. Consider Minutes of Regular Meeting of November 19, 2008. Staff Recommendation: Approve the minutes. C. Consider Authorization of Recordation of the Notice of Completion for the Demolition Projects at 1293 and 1331 Walnut Canyon Road. Staff Recommendation: 1) Authorize the Agency Secretary to file the Notice of Completion for the project; 2) Release the Performance Bond one (1) year after recordation of the Notice of Completion in accordance with the bond provisions; and 3) Release the Payment Bond six (6) months after recordation of the Notice of Completion in accordance with the bond provisions; and release the project bonds consistent with the contract provisions. D. Consider Resolution Amending the Fiscal Year 2008/09 Budget to Fund Asphalt Slurry at 675 Moorpark Avenue. Staff Recommendation: Adopt Resolution No. 2008 -204. ROLL CALL VOTE REQUIRED 7. CLOSED SESSION: None was held. 8. ADJOURNMENT: MOTION: Agency Member Millhouse 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 9:32 p.m. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary (10004 ITEM -5- G - /a -17 -a Cc 8 MOORPARK REDEVELOPMENT AGENCY AGENDA REPORT TO: Honorable Chair and Agency Board Members,�� %� FROM: David C. Moe II, Redevelopment Manager � � DATE: December 5, 2008 (Agency Meeting of 12/17/08) SUBJECT: Consider Plans and Specifications and Authorization to Advertise for Bids for the Construction of a Public Parking Lot; Relocation of the Walnut Canyon Flood Channel; Post Office Access Road; and High Street Resurfacing BACKGROUND AND DISCUSSION The Redevelopment Agency of the City of Moorpark ( "Agency ") acquired a 4.77 acre site, located at the terminus of West High Street and continuing east to the north Metrolink parking lot, from the Ventura County Transportation Commission on August 8, 1993, at a cost of $800,000.00. The Agency has negotiated a 99 year lease of one acre of this site at the terminus of West High Street ( "Property ") with the United States Post Office ( "Post Office ") for the construction of a new downtown post office building. The Agency has also partnered with the Post Office to assist them with the construction of the downtown post office building. The Agency approved a contract with CVE Engineering to design a public parking lot at the southwest corner of High Street and Moorpark Avenue; resurfacing of West High Street; access road to the west parking lot of the post office building; and the relocation and undergrounding of the drainage channel at the terminus of West High Street ( "Public Improvements "). All design work for the Public Improvements has been completed by Public Works staff and CVE Engineering. Project plans and specifications for the subject project have been placed on top of the file cabinets in the City Council conference room. It is recommended the Agency Board approve the project plans and specifications in order to document Agency Board approval of the design of the Public Improvements and authorize staff to advertise for bids. Such approval is also required for the purpose of establishing design immunity pursuant to Section 830.6 of the Government Code of the State of California. Honorable Agency Board of Directors December 17, 2008 Page 2 The Ventura County Watershed Protection District ( "VCWPD ") did not approve the 106" x 58" storm water elliptical pipe originally approved by the Agency Board for a sole source purchase. The size of the storm water pipe is smaller than the pipe originally designed and can be supplied by local vendors. Therefore, the Agency Board needs to rescind its October 1, 2008, authorization for a sole source purchase of storm water pipe from Rinker Materials. Staff is also requesting authorization from the Agency Board to purchase the required pipe after advertising and receiving sealed bids to manufacture and deliver the pipe to the job location. ENVIRONMENTAL DOCUMENTATION As this project involves the demolition and replacement of an existing storm water channel and creation of a small parking lot, and there is no reasonable possibility that it would result in a significant effect on the environment, either individually or cumulatively in consideration of other reasonably foreseeable projects, it is the Planning Director's determination that the project is categorically exempt from environmental review under the California Environmental Quality Act (CEQA) pursuant to Section 15301(b) & 15311(b) of the CEQA Guidelines. If this project is approved, a Notice of Exemption will be filed with the County Clerk. FISCAL IMPACT A budget amendment to fund the project will be brought to the Agency Board for approval at the time of award of the construction contract. The construction cost estimate for the Public Improvements is $2,054,737.00. STAFF RECOMMENDATION 1) Approve project as outlined in staff report; 2) Rescind October 1, 2008, authorization for a sole source purchase of storm water pipe from Rinker Materials; 3) Approve the plans and specifications for the subject project and authorize staff to advertise for bids; and 4) Authorize staff to purchase the required storm water pipe after advertising and receiving sealed bids. nojo ca ITEM 5. —D. 1.4- -1-aaoc MOORPARK REDEVELOPMENT AGEN Y = , 1-U& , oZC Ott" AGENDA REPORT TO: Honorable Board of Directors FROM: Hugh R. Riley, Assistant Executive Director BY: Irmina Lumbad, Finance /Accounting Manager DATE: December 5, 2008 (MRA Meeting of December 17, 2008) SUBJECT: Consider Resolution Amending Fiscal Year 2008/2009 Budget by Reducing the Appropriations of Capital Improvement Projects 5032 - Property Acquisition /Rehabilitation and 5036 - Mixed Income Residential Housing DISCUSSION On July 2, 2008, the Agency Board adopted Fiscal Year 2008/09 budget appropriation of $2,682,296 for Low /Moderate Income Housing Fund (2901). During the year, staff requested and the Agency Board approved $1,249,000 in additional appropriations to purchase three properties on Walnut Canyon Road - Resolution No. 2008 -198 $465,000 for 1063 Walnut Canyon Road; Resolution No. 2008 -199 $304,000 for 1073 Walnut Canyon Road; and Resolution No. 2009 -201 $480,000 for 1123 Walnut Canyon Road. With these actions, the Unreserved /Unrestricted Fund Balance is projected to have a deficit of $1,636,772 at the end the fiscal year. The current budget includes $1,719,000 and $90,000 for Capital Improvement Project Nos. 5032 - Property Acquisition /Rehabilitation and 5036 - Mixed Income Residential Housing, respectively. Staff has determined that there would be no other acquisition and rehabilitation of properties for First Time Home Buyer Program nor will there be any development of properties for Mixed Income Residential Housing through the remaining months of the fiscal year. Thus, the appropriation in Projects 5032 and 5036 could be reduced to eliminate the projected deficit in this Fund. Staff is proposing to decrease the appropriations by $1,637,800. FISCAL IMPACT The Low /Moderate Income Housing Fund (2901) adjusted expenditure budget would be decreased by $1,637,800 from $3,931,296 to $2,293,496. This is anticipated to improve the Unreserved /Unrestricted Fund Balance from a projected $1,636,772 deficit Honorable Board of Directors December 17, 2008 Page 2 to a $1,028 surplus. As a reminder, some or all of these properties will be sold for affordable housing projects and the sale proceeds will be returned to this fund. STAFF RECOMMENDATION (Roll Call Vote) Adopt Resolution No. 2008- ATTACHMENT Attachment 1. MRA Fund Balance Analysis FY 2007/2008 & FY 2008/2009 Attachment 2. Resolution No. 2008- ATTACHMENT 1 CITY OF MOORPAKK - KtUtVtLUPMLN I Au_ CM.T MRA Fund Balance Analysis FY 2007/2008 & FY 2008/2009 SAFinanceUohnny's Folder \Council Staff Repods \MRA- 2901_FY08- 09\RDA_Fund Bal Analysls_0809/12/10/2008/3.47 PM FY07 108 FY08 /09 I (A) (B) (C) (D) _ (E) FY 08/09 ACTUAL ACTUAL PROJECTED FY 06/07 FY 07108 Original ADJUSTED Unreserved Fund Unreserved Unreserved Fund ADOPTED BUDGET Balance Fund Fund Balance ACTUAL ACTUAL ACTUAL FB Balance BUDGETED BUDGETED Budget EXPENDITURES Surplus /(Deficit) No. Fund Name Surplus /(Deficit) Revenues Expenditures Adjustments Surplus /(Deficit) Revenues Expenditures Amendments (C + D) (A +B+E) Notes 2901 MRA Low /Mod Housing 3,082,380.64 1,489,712.33 (3,690,477.71) 881,615.26 1,412,909.00 (2,682,296.00) (1,249,000.00) 53,931,296.00) (1,636,771.74)' 2902 MRA Area 1 Ops (3,082,540.40). 2,384,413.58 (2,311,614.06) (3,009,740.88) 132,850.00 (2,714,188.00) (78,000.00) (2,792,188.00) (5,669,078.88)3 3 2904 2001 Bond 806,820.80 500,934.21 (439,458.79) 868,296.22 355,489.00 9,580,090.30 330,542.00 (122,975.00) (11,930,178.00) 0.00 0.00 (122,975.00) (11,930,178.00) 1,100,810.22 (2,019,545.70) 2905 3900 2006 Bond 9,164,522.65 415,741.21 (173.56) 92 Debt Service 83,243.64 7,446,563.74 (9,093,545.26) 537,811.05 (1,025,6.83) 7,054,177.00 (6,214,921.00) 0.00 (6,214,921.00) (186,670.83) 10,054,427.33 12,237,365.07 (15.535,269+38) 537,811+05 7,294,334+07 9 285 967 00 (23,664,558.00) (1,327,000.00) (24,991,558.00) (8,411,256.93) Notes: Budget amendments include the following: Resolution No. 2008 -198 $465,000 for 1063 Walnut Canyon Road Resolution No. 2008 -199 $304,000 for 1073 Walnut Canyon Road Resolution No. 2008 -201 $480,000 for 1123 Walnut Canyon Road 3 Budget Amendment includes Resolution No. 2008 -197 $72,000 for CVE Design & Engineering of Post Office Development . 3 RDA staff is currently reviewing and identifying prior years' expenditures to determine eligible expenses that could be reimbursed from the 2001 Bond Proceeds, specifically from the Fund Balance Designated for Capital Improvements. Once identified, the Fund 2902 Unreserved Fund Balance deficit will be eliminated by the reimbursement from Fund 2904 (by transfer in) and there will be no effect on Fund 2904 Unreserved Fund Balance. 4. Staff Report dated 12/5/08 for Board Meeting dated 12/17/2008 proposed appropriation reductions from: Budget Proposed Adjus. Remaining 5032 - First Time Home Buyers Progr 1,719,000.00. (1,609,800.00) 109,200.00 5036 - Mixed Income Residentail Hou 90,000+00 (28,000.00) 62,000.00 1,809,000+00 (1,637,800.00) 171,200.00 Projected FB (1,636,771.74). Ending after Adjust 1,028.26. SAFinanceUohnny's Folder \Council Staff Repods \MRA- 2901_FY08- 09\RDA_Fund Bal Analysls_0809/12/10/2008/3.47 PM ATTACHMENT 2 RESOLUTION NO. 2008- A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2008/2009 BUDGET OF THE MRA LOW /MODERATE INCOME HOUSING FUND (2901) TO REDUCE THE APPROPRIATIONS OF CAPITAL IMPROVEMENT PROJECTS 5032 - PROPERTY ACQUISITION /REHABILITATION AND 5036 MIXED INCOME RESIDENTIAL HOUSING WHEREAS, on July 2, 2008, the Board of Directors adopted the Operating and Capital Improvements Budget for Fiscal Year 2008/2009; and WHEREAS, on December 17, 2008, a staff report has been presented to the Board of Directors proposing to reduce the budgeted expenditure for Capital Improvement Projects 5032 — Property Acquisition /Rehabilitation and 5036 — Mixed Income Residential Housing; and WHEREAS, the same staff report was presented to the Board of Directors requesting a budget adjustment of $1,637,800 in MRA Low /Moderate Income Housing Fund (2901); and WHEREAS, Exhibit "A" hereof describes said budget amendment and its resultant impacts to the budget line item(s). NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A budget amendment in the amount of $1,637,800 from the MRA Low /Moderate Housing Fund, as more particularly described in Exhibit "A" and is hereby approved. SECTION 2. The City Clerk 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 17th day of December, 2008. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary Exhibit A BUDGET AMENDMENT FOR MRA LOW /MODERATE INCOME HOUSING FUND TO REDUCE EXPENDITURE BUDGET FOR CAPITAL IMPROVEMENT PROJECTS 5032 - PROPERTY ACQUISITION /REHABILITATION AND 5036 - MIXED INCOME RESIDENTIAL HOUSING FY 2008/09 FUND ALLOCATION FROM: Fund Account Number Amount MRA Low /Mod Income Housing Fund 2901 -5500 $ 1,637,800.00 $ 6,000.00 $ 6,000.00 $ - 2901- 2420 - 5032 -9603 Total 3,000.00 $ 1,637,800.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2901 - 2420 - 5032 -9601 $ 6,000.00 $ 6,000.00 $ - 2901- 2420 - 5032 -9603 $ 3,000.00 $ 3,000.00 $ - 2901- 2420 - 5032 -9610 $ 1,430,000.00 $ 1,430,000.00 $ - 2901- 2420 - 5032 -9621 $ 160,800.00 $ 160,800.00 $ - 2901- 2420 - 5032 -9650 $ 10,000.00 $ 10,000.00 $ - 2901- 2420 - 5036 -9611 $ 55,000.00 $ 28,000.00 $ 27,000.00 Total $ 1,664,800.00 1 $ 1,637,800.00 $ 27,000.00 Approved as to Form: 41w