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HomeMy WebLinkAboutAG RPTS 2009 0506 RDA REGM�T� w y�, � ESTABLISHED ,k NARC++ A tNr O�N� �4�� Resolution No. 2009 -210 6y of MOORPARK REDEVELOPMENT AGENCY REGULAR MEETING AGENDA WEDNESDAY, MAY 69 2009 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 Regular Meeting April 1, 2009. Staff Recommendation: Approve the minutes. B. Consider Aareement with Urban Futures, Inc. for Professional Consultin Services for the Preparation of a 2010 -2014 Redevelopment Implementation Plan. Staff Recommendation: 1) Approve an Agreement for Professional Services with Urban Futures, Inc. for a not -to- exceed fee of $25,000.00 plus reimbursable expenses, subject to final language approval by the Executive Director and Agency Counsel; and 2) Authorize the Executive Director to execute the Agreement on behalf of the Agency. (Staff: David Moe) C. Consider Resolution Amending the Fiscal Year 2008/09 Budget to Fund the Loan Agreement in the Amount of $350,000.00 with the Area Housing Authority of the County of Ventura for Predevelopment Expenses. Staff Recommendation: Adopt Resolution No. 2009- ROLL CALL VOTE REQUIRED (Staff: David Moe) Redevelopment Agency Agenda May 6, 2009 Page 2 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.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 II). Redevelopment Agency Agenda May 6, 2009 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, May 6, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on May 1, 2009, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. declare under penalty of perjury that the foregoing is true and correct. Executed on May 1, 2009. Maureen Benson, Assistant City Clerk CITY OF MOORPARK, CALIFOR Redevelopment Agency Meetirogg A- rrEl. . of 5-4-9009 ACTION: MINU S OF THE REDEVELOPMENT AGENCY Moor ark California April 1, 2009 A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on April 1, 2009, 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 7:13 p.m. 2. ROLL CALL: Present: Agency Members Lowenberg, Mikos, Millhouse, Van Dam, and Chair Parvin. Staff Present: Steven Kueny, Executive Director; Hugh Riley, Assistant Executive Director; Barry Hogan, Deputy City Manager; David Bobardt, Planning Director; David Moe, Redevelopment Manager; and Deborah Traffenstedt, Agency Secretary. 3. PUBLIC COMMENT: None. 4. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Agency Board to pull Item 6.C. from the Consent Calendar for individual consideration upon the request of Agency Member Mikos. 5. PUBLIC HEARINGS: None. 6. PRESENTATION /ACTION /DISCUSSION: A. Consider Acceptance of Deed and Resolution Authorizing the Acauisition of Surplus Parcel No DD- 2 -03 -01 from the Department of Transportation, and Amending the Fiscal Year 2008/09 Budget by $1,854,000. Staff Recommendation: 1) Adopt Resolution No. 2009 -208; 2) Authorize the Executive Director to execute all documents necessary to this transaction; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. ROLL CALL VOTE REQUIRED 000001 Minutes of the Redevelopment Agency Moorpark, California Page 2 April 1, 2009 Mr. Moe gave the staff report. There were no speakers. MOTION: Agency Member Millhouse moved and Agency Member Mikos seconded a motion to: 1) Adopt Resolution No. 2009 -208; 2) Authorize the Executive Director to execute all documents necessary to this transaction; and 3) Authorize the Agency Secretary to accept and consent to the recordation of any deed. The motion carried by unanimous roll call vote. B. Consider Reconsideration of Item S.A. on March 18, 2009 Agenda and Reconsideration of Vote on Item 5.A. LAPproval of High Street Streetsca e Conce t . Staff Recommendation: Direct staff as deemed appropriate. Mr. Hogan deferred to Chair Parvin who requested this item be reconsidered. Chair Parvin stated she wants the public and Planning Commission to have the opportunity to participate in giving feedback just as the business owners on High Street did on March 18. She asked for a special meeting or this purpose. There were no speakers. MOTION: Agency Member Millhouse moved and Agency Member Lowenberg seconded a motion to: 1) Approve reconsideration of Item S.A. (Approval of High Street Streetscape Concept) on the March 18, 2009, agenda; 2) Approve reconsideration of vote on Item S.A. on the March 18, 2009, agenda; 3) Schedule a joint special meeting of the Redevelopment Agency /City Council /Planning Commission for April 29, 2009, at 7:00 p.m; and 4) Recommend rescheduling the joint special meeting of the City Council /Planning Commission from April 8 to April 29, 2009 at 7:30 p.m. The motion carried by unanimous voice vote. 7. CONSENT CALENDAR: (ROLL CALL VOTE REQUIRED) MOTION: Agency Member Van Dam moved and Agency Member Lowenberg seconded a motion to approve the Consent Calendar with the exception of Item 6.C, which was pulled for individual consideration. The motion carried by unanimous roll call vote. A. Consider Minutes of Regular Meeting of March 18, 2009. Staff Recommendation: Approve the minutes. B. Consider Resolution Amending Fiscal Year 2008/09 Bud aet for Uq to $47,400.00 to Appropriate Funds for Underprounding Power Lines on the West Side of Park Lane. at Park Crest Lane. Staff Recommendation: 1) Adopt Resolution No. 2009 -209, approving a budget amendment for up to $47,400.00; 2) Authorize the Executive Director to reimburse Helen Rabano (HFR Investment I, LLC) in the amount of $34,681.24 ($47,386.90 0000012 Minutes of the Redevelopment Agency Moorpark, California Page 3 April 1, 2009 less $12,705.66) for undergounding of utility lines; and 3) Authorize the Executive Director to reimburse Tuscany Square Partners in the amount of $12,705.66 for improvements to Park Crest Lane and Park Lane. ROLL CALL VOTE REQUIRED D. Consider Loan Agreement in Amount of $350,000.00 with the Area Housing Authority of the County of Ventura LAHN for Predevelopment Expenses. Staff Recommendation: 1) Approve Agency predevelopment loan to the AHA in the amount of $350,000.00; and 2) Direct the Executive Director to execute predevelopment loan agreement, subject to final language approval of the Executive Director and Agency Counsel. ROLL CALL VOTE REQUIRED AT THIS POINT in the meeting Item 6.C. was heard. C. Consider Request to Waive Rental Fees for the High Street Arts Center (HSAQ. Staff Recommendation: Waive the $400 rental fee as requested by the Moorpark Chamber of Commerce and direct staff to draft a policy for allowing the HSAC's rental fee to be waived for certain events. Agency Member Mikos stated she pulled this item as she is concerned that the City /Redevelopment Agency might be considered making a political statement by waiving the fee for the Chamber, if the Chamber subsequently endorses a particular candidate. In response to Agency Member Mikos, Patrick Ellis, President of the Moorpark Chamber of Commerce, stated, he did not have the authority to speak for the Chamber Board of Directors to guarantee the Chamber would not be endorsing a candidate. A discussion followed among the Agency Members and staff applauding the Chamber for using the arts center; debating whether sponsoring the debates and subsequently endorsing a candidate reflects on the City or Redevelopment Agency; the Agency's lack of any formal rules in regard to renting the arts center to non - profit organizations; and the Chamber Board would be wise not to moderate the debates and should look carefully at any candidate endorsement. MOTION: Agency Member Millhouse moved and Agency Member Lowenberg seconded a motion to waive the $400 rental fee as requested by the Moorpark Chamber of Commerce and to direct staff to draft a policy for allowing the High Street Arts Center's rental fee to be waived for certain events. The motion carried by voice vote 4 -1, Agency Member Mikos dissenting. Agency Member Mikos stated for the record she would have voted in favor of waiving the fee if the Chamber had been able to pledge not to endorse a candidate. 000003 Minutes of the Redevelopment Agency Moorpark, alifornia Page 4 April 1, 2009 8. CLOSED SESSION: None was held. 9. ADJOURNMENT: Chair Parvin adjourned the meeting at 7:36 p.m. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt Agency Secretary (i00004 TO: FROM: BY: DATE: ITEM S • 80 xwmffmp� CITY OF MOORPARK, CALIFO.` Redevelopment Agency Meetk 9 acrioN: Aas� MOORPARK REDEVELOPMENT AGENCY,�,r AGENDA REPORT REPORT BY: Honorable Agency Board David C. Moe II, Redevelopment Manage Jessica Sandifer, Management Analyst April 6, 2009 (Agency Meeting of 05/06/09) SUBJECT: Consider an Agreement with Urban Futures, Inc. for Professional Consulting Services for the Preparation of a 2010 -2014 Redevelopment Implementation Plan DISCUSSION California Community Redevelopment Law (CCRL) Section 33490 requires redevelopment agencies to prepare new implementation plans on a 5 -year cycle that contain the specific goals and objectives of the agency for the project area, the specific programs, including potential projects, and estimated expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, programs, and expenditures will eliminate blight within the project area. Additionally, the Implementation Plan should address the Redevelopment Agency's (Agency) housing obligations and the status of the Agency's Low and Moderate Income housing fund. The current five -year cycle (2005 -2009) wil volume of information required to prepare retain Urban Futures, Incorporated (UFI) to the Agency with the previous plan and is projects and programs. FISCAL IMPACT expire at the end of this year. Due to the an implementation plan, staff would like to prepare the 2010 -2014 plan. UFI assisted familiar with the Redevelopment Agency's The cost to prepare the Implementation Plan is $25,000.00 plus reimbursable expenses, which are estimated at $500. MRA Area 1 - Operations (Fund 2902) will be used to pay for the work. There are sufficient funds remaining in the FY 2008/09 budget to begin work on the project. Additional funds have been included in the FY 2009/10 budget to complete the project. 000005 Honorable Agency Board of Directors May 6, 2009 Page 2 STAFF RECOMMENDATION 1. Approve an Agreement for Professional Services with Urban Futures, Inc. for a not -to- exceed fee of $25,000.00 plus reimbursable expenses subject to final language approval by the Executive Director and Agency Counsel. 2. Authorize Executive Director to execute the Agreement on behalf of the Agency. Attachment I: Agreement for Professional Services 000006 ATTACHMENT I AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK AND URBAN FUTURES, INCORPORATED FOR PREPARATION OF AN 2010 -2014 REDEVELOPMENT IMPLEMENTATION PLAN This Agreement is made and entered into in the City of Moorpark on this day of , 2009, by and between the Redevelopment Agency of the City of Moorpark ( "Agency "), a public body, corporate and politic, and Urban Futures, Inc., a California corporation providing consulting services ( "Consultant "). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: I. T_ This Agreement shall commence on and shall remain and continue in effect for one year, unless sooner terminated or amended pursuant to the provisions of this Agreement. 2. Services Agency hereby retains Consultant in a contractual capacity to prepare a five -year redevelopment implementation plan as set forth in Exhibit A, Proposal, attached hereto and incorporated herein. If the Proposal is modified by this Agreement, or in the event there is a conflict between the provisions of the Proposal and this Agreement, the language contained in this Agreement shall take precedence. 3. Performance Consultant shall at all times faithfully, competently and to the best of his /her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder to meet its obligations under this Agreement. 4. Responsible Individuals The individual directly responsible for Consultant's overall performance of the Agreement provisions herein above set forth and to serve as principal liaison between Agency and Consultant shall be Marshall F. Linn, 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 Consultant. The Executive Director is authorized to act on Agency's behalf to execute all necessary documents which increase the Scope of Services or change Consultant's compensation, subject to Section 5 hereof. Page 1 of 7 000007 5. Payment a) For furnishing services as specified in this Agreement, Agency shall pay and Consultant shall receive as full compensation a total sum as shown in Proposal, in no event shall total compensation for the herein described work exceed that described in the Proposal without prior written authorization from Agency. Reimbursable expenses are not included in the not -to- exceed fee and will be paid as specified in Consultant's Proposal. b) In the event that additional work is required of Consultant, beyond the Scope of Services for this Agreement, Consultant may be authorized to undertake and complete such additional work only if such authorization is provided in writing, identifying the exact nature of the additional work required and a "not -to- exceed" fee to be paid by Agency for such work. c) Consultant will submit invoices at the completion of each of the tasks. Invoices shall be submitted on or about the first business day of the month, or as soon thereafter as practical, for services provided. Payment shall be made within 30 -days of receipt of each invoice as to all non - disputed fees. If the Agency disputes any of Consultant's fees it shall give written notice to Consultant within 15 -days of receipt of an invoice of any disputed fees set forth on the invoice. 6. Incorporation by Reference All exhibits herein referenced are hereby incorporated into and made a part of the Agreement. 7. Suspension or Termination of Agreement without Cause 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 Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant 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. b) In the event this Agreement is terminated pursuant to this Section, the Agency shall pay to Consultant the actual value of the work performed up to the time of the termination. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the Agency pursuant to Section 5. 8. Default of Consultant a) The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms Page 2 of 7 000008 of this Agreement, Agency shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b) If the Executive Director or his designee determines that the Consultant is in default in the performance of any terms or conditions of this Agreement, the Executive Director shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant 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. c) Consultant may terminate this Agreement upon 30 days notice in the event of a material breach or non - payment by Agency. 9. Indemnification for Professional Liability Consultant agrees to indemnify, protect, defend, and hold harmless the City of Moorpark, the Agency, and any and all of its officials, employees, and agents 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 Consultant, its officers, agents, employees or sub - consultants in the performance of professional services under this Agreement. 10. Indemnification for Other than Professional Liability Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless Agency, and any and all of its officials, employees and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney's fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, or are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees, subconsultants, or contractors and subcontractors of Consultant. Page 3 of 7 0000C)9 11. General Indemnification Provisions Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subconsultant, contractor, subcontractor, or any other person or entity involved by, for, with, or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required here, Consultant agrees to be fully responsible according to the terms of this section. Failure of 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 Consultant and shall survive the termination of this Agreement or this section. Agency does not and shall not waive any rights that it may have against Consultant by reason of this Section, because of the acceptance by Agency, or the deposit with Agency, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions shall apply regardless of whether or not said insurance policies are determined to be applicable to any losses, liabilities, damages, costs and expenses described in Section 9 and 10 of this Agreement. 12. Insurance Consultant 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. 13. Independent Consultant a) Consultant 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 Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents, except as set forth in this Agreement. Consultant 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. Consultant 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 Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for Agency. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Page 4of7 000010 14. 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 Consultant: Urban Futures, Incorporated 3111 N. Tustin Street, Suite 230 Orange, CA 92865 Attn: Marshall F. Linn, President 15. Assignment The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Agency. It is understood and acknowledged by the parties that Consultant is uniquely qualified to perform the services provided for in this Agreement. 16. Entire Agreement This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding, or representation be binding on the parties hereto. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. No waiver of any provision of this 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. Page 5 of 7 000011 16. Anti - Discrimination In the performance of the terms of this Agreement, Consultant agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of the age, race, color, creed, sex, sexual orientation, national origin, ancestry, religion, physical disability, medical disability, medical condition, or marital status of such persons. Violation of this provision may result in the imposition of penalties referred to in the Labor Code of the State of California Section 1735. 17. General Conditions a) Consultant 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 Consultant performing services hereunder for Agency. c) At the time of 1) termination of this Agreement or 2) conclusion of all work, all original reports, documents, calculations, computer files, notes, and other related materials whether prepared by Consultant or its subcontractor(s) or obtained in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of Agency. Any word processing computer files provided to Agency shall use Microsoft Word for Windows software. d) 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. e) Cases involving a dispute between Agency and Consultant may be decided by an arbitrator if both sides agree in writing on the arbitration and on the arbitrator selected, with costs proportional to the judgment of the arbitrator. f) 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. g) 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. h) 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 Page 6of7 t)00(312 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. 18. Governing Law The Agency and Consultant 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. 19. Authority to Execute this Agreement The person or persons executing this Agreement on behalf of Consultant warrants and represents that this individual has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant 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: Steven Kueny Executive Director ATTEST Deborah S. Traffenstedt, Agency Secretary CONSULTANT: Urban Futures, Incorporated Marshall F. Linn, President Exhibit "A ": Proposal for Professional Services — 2010 -2014 Implementation Plan Exhibit "B ": Insurance Requirements Page 7of7 000013 March 26, 2009 EXHIBIT A Finance - Redevelopment - Implementation - Planning - Bond Administration - Continuing Disclosure Mr. Steven Kueny City Manager City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Proposal for Preparation of a Redevelopment Implementation Plan Dear Mr. Kueny: In response to your staff's invitation, I am pleased to submit UFI's proposal for preparation of the Agency's next Redevelopment Implementation Plan. Having worked with over 150 different agencies since its inception, UFI has a proven track record of meeting its clients' needs in a cost effective and timely way. We are confident that our intimate knowledge of California Community Redevelopment Law and the extensive experience and capabilities of our professional staff in all aspects of redevelopment administration will be of significant assistance to the Agency. Given our qualifications, we believe we are uniquely able to provide the needed consulting services in an innovative, comprehensive, effective and timely manner. In that regard, we have enclosed our proposal and statement of qualifications with respect to the preparation a Redevelopment Implementation Plan. We look forward to assisting the Agency with respect to this important endeavor. If you have any questions or need additional information, please contact Mr. Steve Dukett at (714) 283- 9334. Sincerely, URBAN FUTURES, INC. MARSHALL F. LINN President M FL: nyc Enclosures cc: Hugh Riley, Assistant City Manager David Moe, Redevelopment Manager Crestview Corporate Center - 3111 N. Tustin Street, Suite 230, Orange, CA 92865 -1753 Tel: (714) 283 -9334 www.urbanfuturesinc.com Fax: (714) 283 -9319 000014 Page 2 PROPOSAL FOR PREPARATION OF A NEW REDEVELOPMENT IMPLEMENTATION PLAN FOR THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK Urban Futures, Inc. (`SUFI') is pleased to submit this proposal for the preparation of a new Redevelopment Implementation Plan (the "Implementation Plan ") for the Community Redevelopment Agency of the City of Moorpark (the "Agency ") pursuant to all applicable provisions of the California Community Redevelopment Law (""CCRL""; Health and Safety Code Section 33000 etseq.), most specifically, CCRL Section 33490. CCRL Section 33490, among other requirements, obligates redevelopment agencies to prepare new implementation plans on a 5 -year cycle, mid -term updates during the second or third year of the life of a current implementation plan, conduct a public hearing for the purpose of reviewing redevelopment programs, projected expenditures, and corresponding goals and objectives, and to generally evaluate the progress of ongoing redevelopment projects. The Scope of Work described below will be conducted in close cooperation with the staff. SCOPE OF WORK — IMPLEMENTATION PLAN PREPARATION With respect to the Agency's need to prepare a new Implementation Plan, UFI proposes the following scope of work: TASK 1: UFI will identify and then review all of the pertinent information and data sources necessary to complete this Scope of Work (also referred to herein as the "Project "). Agency staff will collect and submit these data to UFI. TASK 2: Based on the results of Task 1, UFI will identify and evaluate specific Agency projects and programs (hereinafter referred to as "Activities ") which the Agency has completed or initiated during the current planning period. Both general redevelopment Activities and those funded from LMI Housing Fund monies will be identified and evaluated. UFI will review previous implementation plans and data provided by Agency staff to identify and catalogue Activities in a more general sense and to determine if any such Activities have continued through the current planning period. UFI will establish and document the required ongoing nexus between Agency Activities and blight reduction in the Project Area. TASK 3: UFI will review and compare the goals and objectives in the current Implementation Plan with the status of Activities evaluated as a part of Task 2, and then work with appropriate Agency staff to complete the following: i) analysis and description of the Agency's success in meeting its present goals and objectives; ii) develop goals and objectives for the pending Implementation Plan period, which could include any unmet objectives (or goals) contained in the last Implementation Plan; and iii) as necessary, make recommendations as to how the Agency might be more effective in achieving existing or new goals and objectives. 000015 Page 3 TASK 4: Based on Agency staff provided information, UFI will identify and provide approximate costs (by year) for Agency general redevelopment fund Activities which will implement the goals and objectives identified in Task 3 during the term of the Implementation Plan. While Agency staff may identify specific Activities, the Implementation Plan will group these Activities generally into three categories: i) economic development; ii) community facilities; and iii) infrastructure. Once Activities have been budgeted, project annual cash flows for the planning period of the Implementation Plan including a beginning balance, income (from tax increments, proceeds of bonds, interest income, and other income), expenditures (for administration, pass through payments, debt payments, Activities, and miscellaneous expenditures) and provide a projected end balance. TASK 5: Based on Agency staff provided information, UFI will identify and provide approximate costs (by year) for LMI Housing Fund Activities which will implement the housing goals and objectives identified in Task 3 during the term of the Implementation Plan. While Agency staff may identify specific Activities, the Implementation Plan will group these Activities into no more than three categories. Once Activities have been budgeted, project annual cash flows for the planning period of the Implementation Plan including a beginning balance, income (from tax increments, proceeds of bonds, and other income), expenditures (for administration, pass through payments, debt payments, Activities, and miscellaneous expenditures) and provide a projected end balance. TASK 6: For general redevelopment fund Activities, UFI will evaluate Agency receipts and expenditures during the current. Implementation Plan period for the purpose of establishing a base line database from which future projections may be made. TASK 7: For LMI Housing Fund Activities, UFI will evaluate Agency receipts and expenditures during the current Implementation Plan period for the purpose of establishing a base line database from which future projections may be made. TASK 8: For LMI Housing Fund Activities proposed to be completed during the term of the new Implementation Plan, UFI will work with appropriate Agency staff to establish planning cycle income and expenditures for identified projects on an annual basis to establish compliance with CCRL Sections 33334.2 and 33334.4. TASK 9: In accordance with CCRL Section 33334.4, UFI will evaluate Agency 10 -year expenditure requirements; and determine the appropriate ratio between LMI Housing Fund expenditures for assistance to housing units which are unrestricted by age of resident and the housing units which could be restricted to persons over the age of 65 years, utilizing the latest (2000) US Census Bureau data (or American Community Survey ['SACS "] annual updates, as available) and the latest Regional Housing Needs Assessment. 000016 Page 4 TASK 10: In accordance with all aspects of CCRL Section 33413, UFI will track and record on UFI developed schedules, Agency inclusionary and replacement housing compliance. Complete an inventory of housing units assisted, and to be assisted with funds from the LMI Housing Fund, which have rent and income restrictions within and outside of the Project Area. Complete an inventory of housing units destroyed /removed by the Agency (including their replacement units). The completion of this particular analysis assumes that, if required detailed information is missing in the current Implementation Plans, Agency staff will provide specific counts for all housing which has been built in the Project Areas since their individual inception, all housing which has been enforceably restricted pursuant to CCRL Section 33413 (both within and outside the Project Areas, and all expenditures from the LMI Fund for "affordable" housing which is neither new construction nor substantial rehabilitation, etc. TASK 11: Based upon information compiled in Task 10, UFI will determine whether the Agency is in a deficit or surplus unit(s) position in either of the inclusionary or replacement housing categories, and how either of those positions will affect the Agency during the term of the new Implementation Plan, subsequent five year planning cycle, and life of the plan(s) as appropriate. TASK 12: UFI will determine whether the Agency has an "excess surplus" (as defined under CCRL Section 33334.12(8)(1)) in its LMI Housing Fund, and how that position will affect the Agency's long -term, overall fiscal position pursuant to CCRL Sections 33334.10 and 33334.12. TASK 13: In conjunction with Tasks 10, 11, and 12, UFI will evaluate the Agency's position with respect to housing affordability covenants (pursuant to both CCRL Sections 33334.3 and 33413), and whether or not the Agency has adequate units which are subject to appropriate covenants. If the Agency has, or is projected to have an inclusionary or replacement housing deficit, identify the number and type of housing units needed to erase the deficit during the five - year term of the Implementation Plan and the subsequent five -year planning cycle or longer, as appropriate. TASK 14: UFI will review the General Plan's land use element and a staff- provided schedule of proposed housing development proposals to determine how known, proposed housing development projects and land use changes (residential) will affect the Agency's future inclusionary and replacement housing obligations. TASK 15: UFI will include information in the Implementation Plan specific to each Plan /Project Area as required by SB 437 (i.e., SB 437 amended Sections 33080.1 and 33490 of the CCRL to require that Implementation Plans identify the fiscal years that an agency expects the specified time limits to expire). TASK 16: UFI will determine how known, proposed housing development projects and land use changes (residential) may affect the Agency's future inclusionary and 00001'7 Page 5 replacement housing obligations, vis -a -vis life of the Plan(s) and next ten year periods. TASK 17: UFI will prepare a draft Implementation Plan for staff review and comment. TASK 18: UFI will prepare a public hearing notice. Implementation Plan adoption procedures include a noticed public hearing, which notice must be posted in a minimum of four (4) locations in the project area. These postings must be for a minimum of three (3) weeks ending at least ten (10) days prior to the Agency's hearing. Also, the notice for the hearing needs to be published once a week for three (3) weeks in a newspaper of general circulation. The initial notice must be published no fewer than thirty-one (31) days prior to the hearing. TASK 19: UFI will prepare the Final Implementation Plan that includes staff comments, adopting resolution, and staff report. TASK 20: UFI will prepare for, attend and present the completed Implementation Plan at the required public hearing. As necessary and directed by Agency staff, UFI will participate in up to one (1) staff meeting on site with the appropriate /designated staff members for the purposes of facilitating Project management, providing Project status updates, reviewing data collection /analyses, and related work tasks. SCHEDULE OF PERFORMANCE UFI will complete the Scope of Work with respect to preparing the new Implementation Plan within five (5) months of receipt of a notice to proceed. The accomplishment of this schedule is dependent on the full cooperation of the Agency /City appropriate /designated staff. PROFESSIONAL SERVICES FEE UFI will accomplish the Scope of Work associated with the preparation of the new Implementation Plan, subject to the conditions described in this proposal, for a fixed Professional Services Fee of $ The Professional Services Fee includes telephone, e-mail and facsimile expenses, postage and incidental photocopying. The Professional Services Fee does not include out -of- pocket expenses that may be incurred during the accomplishment of the Scope of Work. Out of pocket expenses include, but are not limited to all other necessary materials, supplies, services, printing, electronic data files, travel, etc. All out -of- pocket expenses shall be charged on an actual cost basis, plus 10 %. For budgetary purposes, UFI recommends that the Agency set -aside an additional $500 to cover such expenses. Therefore, the total recommended budget for the total Scope of Work described above, with an estimated allocation for out -of- pocket expenses, is $25,500. 000131b Page 6 Further, in the event that the Agency requires any services that are in addition to the Scope of Work, such additional services will be charged on an actual cost basis at the following rates: President $ $225.00 KEY STAFF UFI staff is comprised of highly skilled professionals able to handle assignments ranging from site - specific developer negotiations to community wide development strategies, redevelopment plans, grant programs, entitlement processing, financial advisement, affordable housing programs, and economic development implementation strategies. Steve Dukett, Sara Isgur, Nancy Gutierrez and Julia Payken represent the key professional staff who will be assigned to work with the Agency on this assignment. Steve Dukett will serve as the Managing Principal in charge of this engagement. An overview of the experience and education of our key staff is provided below. Other staff members will be used as necessary. MARSHALL E. LINN, President Marshall Linn has more than 38 years of municipal and private consulting experience. Over the last 28 years, Mr. Linn has specialized in the preparation and implementation of more than 150 redevelopment plans. As a financial advisor, Mr. Linn has participated in more than 500 bond issues, totaling well over nine billion dollars in tax exempt securities. Mr. Linn holds a Bachelor of Science Degree in Economics and a Master's Degree in Urban Planning, both from the University of Southern California. STEVEN H. DUKETT, Managing Principal Steve Dukett joined Urban Futures, Inc. during 2007. He specializes in the planning and implementation of redevelopment, economic development, affordable housing, asset management, public facility, public infrastructure and grant programs. Prior to joining the firm, he served as Redevelopment Director with six California cities and held a variety of executive, management and professional positions with the County of Los 000019 Page 7 Angeles and its Community Development Commission. During his 34 -year career in the public development arena, Mr. Dukett has been involved with a wide variety of public and private development projects with combined values of approximately $1 billion. He is particularly known for his deal making and deal closing skills. Mr. Dukett is a graduate of California State University, Los Angeles. He is a past Chairman of the Board for CALED and is the current Chairman of the Board of Regents for the California Academy for Economic Development. During 2006 he was selected as the 12th "Golden Bear ", which is CALED's highest award for career achievement in local economic development. SARA ISGUR, Principal Sara Isgur has been in the redevelopment field for over 25 years, beginning her career with the City of Long Beach. Ms. Isgur spent five years as the Senior Housing Finance Officer with the Community Redevelopment Agency of the City of Los Angeles as well as led the formation of the Barrio Logan Redevelopment Plan while working for the City of San Diego Redevelopment Agency. Ms. Isgur also worked for the Vista Redevelopment Agency and most recent was the Redevelopment Director for the City of Seaside. Since joining UFI in 2008, Ms. Isgur has been responsible for the redevelopment planning work for the City of Vista and South Lake Tahoe. Besides public sector work, Ms. Isgur worked for the consulting firm of Mark Briggs & Associates specializing in public /private deals. Ms. Isgur also worked for Kosmont Companies, Sedway Group (now CBRE Consulting) and was Principal of her own consulting firm, Sara Isgur Associates for five years. As a consultant, Ms. Isgur specialized in the structuring of redevelopment projects assisting developers in securing project approvals from Redevelopment Agencies. Ms. Isgur received her Bachelor of Arts degree in political science from Binghamton University, and at a Master's degree in Urban Affairs from Boston University. Ms. Isgur has been a panelist and presenter at California Redevelopment Association (CRA), Urban Land Institute (ULI) and International Council of Shopping Center (ICSC) meetings /conferences. NANCY GUTIERREZ, Principal Planner Nancy Gutierrez has nearly 20 years experience in the fields of community development, economic development, redevelopment, community revitalization and organizational management. During her career, she has held responsible positions with the Los Angeles County Community Development Commission, the Cities of Santa Monica, Corona and Bell Gardens and Urban Futures, Inc. With respect to community development matters, her major responsibilities have included reviewing and processing large -scale specific plans, historic preservation initiatives, multi- species habitat compliance programs and general land -use entitlement processing. Her major economic development experience pertains to downtown revitalization, program implementation and the coordination of public improvements. In the area of redevelopment and community revitalization, she has planned, developed and implemented a variety of economic development programs, liOUl)20 Page 8 assisted with the preparation of numerous redevelopment plan adoptions and administered Community Development Block Grant - funded programs. She is particularly adept at the coordination of multi - disciplinary functions, project management and organizational management; a skill that she provided to each of her employers. Ms. Gutierrez earned a Bachelor of Science degree from California State University Long Beach and a Master of Arts in Urban Planning from the University of California Los Angeles. JULIA PA YKEN, Financial Analyst Julia Payken provides research and analysis for municipal financings and continuing disclosure reporting, as well as developing complex financial models. She provides support for the financing team by generating tax increment revenue projections, analysis of redevelopment plans and coordinating members of the financing team. Prior to working at Urban Futures Inc., Ms. Payken worked in local government as an administrative analyst... Ms. Payken graduated with departmental honors from California State University, San Bernardino with a Bachelor of Arts in Mathematics. (JO0021 EXHIBIT B Insurance Requirements Prior to the beginning of and throughout the duration of the Work, Consultant will maintain insurance in conformance with the requirements set forth below. Consultant will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Consultant agrees to amend, supplement or endorse the existing coverage to do so. Consultant acknowledges that the insurance coverage and policy limits set forth in this section constitute the minimum amount of coverage required. Any insurance proceeds available to Agency in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to Agency. Consultant shall provide the following types and amounts of insurance: Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. Limits are subject to review but in no event less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Business Auto Coverage on ISO Business Auto Coverage form CA 00 01 including symbol 1 (Any Auto) or the exact equivalent. Limits are subject to review, but in no event to be less than $1,000,000 per accident. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described above. If Consultant or Consultant employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person. Workers' Compensation on a state - approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be no less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. 000022 Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Bests rating of A- or better and a minimum financial size VII. General conditions pertaining to provision of insurance coverage by Consultant. Consultant and Agency agree to the following with respect to insurance provided by Consultant: 1. Consultant agrees to have its insurer endorse the third party general liability coverage required herein to include as additional insureds Agency and the City of Moorpark, its officials, employees, servants, agents, and independent consultants ( "Agency indemnities "), using standard ISO endorsement No. CG 2010 with an edition prior to 1992. Consultant also agrees to require all contractors and subcontractors to do likewise. 2. No liability insurance coverage provided to comply with this Agreement shall prohibit Consultant, or Consultant's employees, or agents, from waiving the right of subrogation prior to a loss. Consultant agrees to waive subrogation rights against Agency regardless of the applicability of any insurance proceeds, and to require all contractors and subcontractor's to do likewise. 3. All insurance coverage and limits provided by Consultant and available or applicable to this Agreement are intended to apply to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the Agency or its operations limits the application of such insurance coverage. 4. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to Agency and approved of in writing. 5. No liability policy shall contain any provision or definition that would serve to eliminate so- called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor. 6. All coverage types and limits required are subject to approval, modification, and additional requirements by the Agency, as the need arises. Consultant shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect Agency's protection without Agency's prior written consent. 7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverages required and an additional insured endorsement to Consultant's general liability policy, shall be delivered to Agency at or prior to the execution of this Agreement. In the event such proof of any 0000AW3 insurance is not delivered as required, or in the event such insurance is canceled at an time and no replacement coverage is provided, Agency has the right, but Y p not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by Agency shall be charged to and promptly paid by Consultant or deducted from sums due Consultant, at Agency option. 8. Certificates of insurance are to reflect that the insurer will provide 30 days notice to Agency of any cancellation of coverage. Consultant agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate. 9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by Consultant or any subconsultant, is intended to apply first and on a primary, non - contributing basis in relation to any other insurance or self insurance available to Agency. 10. Consultant agrees to ensure that subcontractors, and any other party involved with the project, who is brought onto or involved in the project by Consultant, provide the same minimum insurance coverage required of Consultant. Consultant agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Consultant agrees that upon request, all agreements with subcontractors and others engaged in the project will be submitted to Agency for review. 11. Consultant agrees not to self- insure or to use any self- insured retention or deductibles on any portion of the insurance required herein and further agrees that it will not allow any contractor, subcontractor, or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self- insure its obligations to Agency. If Consultant's existing coverage includes a deductible or self- insured retention, the deductible or self - insured retention must be declared to the Agency. At that time the Agency shall review options with the Consultant, which may include reduction or elimination of the deductible of self- insured retention, substitution of other coverage, or other solutions. 12. The Agency reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the Consultant ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Consultant, the Agency will negotiate additional compensation proportional to the increased benefit to Agency. 000(}24 13. For purposes of applying insurance coverage, only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement. 14. Consultant acknowledges and agrees that any actual or alleged failure on the part of the Agency to inform Consultant of non - compliance with any insurance requirement in no way imposes any additional obligations on Agency nor does it waive any rights hereunder in this or any other regard. 15. Consultant will renew the required coverage annually as long as Agency, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until Agency executes a written statement to that effect. 16. Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Consultant's insurance agent to this effect is acceptable. A certificate of insurance and /or additional insured endorsement is required in these specifications applicable to the renewing or new coverage must be provided to Agency within five days of the expiration of the coverages. 17. The provisions of any Workers' Compensation or similar act will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to Agency, its employees, officials, and agents. 18. Requirements of specific coverage features or limits contained in this section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a give coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party of insured to be limiting or all - inclusive. 19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such. 00000"405 20. The requirements in this Section supersede all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Section. 21. Consultant agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge Agency or Consultant for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to the Agency. It is not the intent of Agency to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against Agency for payment of premiums or other amounts with respect thereto. 22. Consultant agrees to provide immediate notice to Agency of any claim or loss against Consultant arising out of the work performed under this Agreement. Agency assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve Agency. 0000400-W*116 ITEM co . =� CITY OF MOORPARK, CALIFO R,'..' ,y Redevelopment Agency Meetit- of ncnoN: MOORPARK REDEVELOPMENT AGENCY c a 9 -a /o AGENDA REPORT By. To: Honorable Agency Board of Directors From: David C. Moe II Redevelopment Manager P Date: April 21, 2009 (Agency Meeting of 5/6/09) Subject: Consider Resolution Amending the Fiscal Year 2008/09 Budget to Fund the Loan Agreement in the Amount of $350,000.00 with the Area Housing Authority of the County of Ventura for Predevelopment Expenses BACKGROUND AND DISCUSSION On April 1, 2009, the Redevelopment Agency of the City of Moorpark Board of Directors approved a Loan Agreement with the Area Housing Authority of the County of Ventura to fund predevelopment expenses to entitle a 20 unit affordable housing project on Charles Street. The loan would not require any payments and would be repaid with the first draw of the construction loan for the project. Interest on the loan would accrue quarterly and the rate would be based on the quarterly Local Agency Investment Fund (LAI F) rate. FISCAL IMPACT The Agency does not have $350,000.00 allocated for a predevelopment loan in the Fiscal Year 2008/09 Budget and currently does not have sufficient funds available in Housing set aside funds to finance the loan. The 2001 Tax Allocation Bond Proceeds Fund has a balance of $3,086,197.74. $350,000.00 will be transferred, as an internal loan, into the MRA Low /Mod Income Housing Operations Fund 2008/09 Budget to provide the needed loan funds. STAFF RECOMMENDATION (ROLL CALL VOTE) Adopt Resolution 2009 - Attachment "A ": Resolution 2009 - 000027 ATTACHMENT A RESOLUTION NO. 2009 - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR 2008/2009 BUDGET BY APPROPRIATING $350,000 FROM THE MRA LOW /MOD INCOME HOUSING OPERATIONS FUND (2901) TO FUND A LOAN AGREEMENT WITH THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA FOR PREDEVELOPMENT EXPENSES WHEREAS, on July 2, 2008, the Moorpark Redevelopment Agency Board of Directors adopted the Moorpark Redevelopment Agency budget for Fiscal Year 2008/2009; and WHEREAS, the Redevelopment Agency of the City of Moorpark desires to fund the Loan Agreement adopted on April 1, 2009, in the amount of $350,000, with the Area Housing Authority of the County of Ventura for predevelopment expenses; and WHEREAS, an internal loan from the MRA 2001 Tax Allocation Bond Fund will be made to the MRA Low /Mod Income Housing Operations Fund (2901) in the amount of $350,000; 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 to fund the Loan Agreement in the amount of $350,000 from the MRA Low /Mod Income Housing Operations Fund (2901). 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 $350,000 from the MRA Low /Mod Income Housing Operations Fund (2901), for funding the Loan Agreement with the Area Housing Authority, as 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 6t" day of May, 2009. Janice S. Parvin, Chair ATTEST: Deborah S. Traffenstedt, Agency Secretary UOOO,i.8 Attachment: Exhibit "A" — Budget Amendment Detail EXHIBIT A BUDGET AMENDMENT FOR MRA LOW /MOD INCOME HOUSING OPERATIONS FUND (2901) TO FUND LOAN AGREEMENT WITH THE AREA HOUSING AUTHORITY OF THE COUNTY OF VENTURA 2008/09 FUND ALLOCATION FROM: Fund Account Number Amount MRA Low /Mod Income Housing 2901 -5500 $ 350,000.00 Operations Fund $ 3509000.00 Total $ 350,000.00 DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS: Account Number Current Budget Revision Amended Budget 2901 - 2410- 0000 -9282 $ - $ 350,000.00 $ 3509000.00 Total $ - $ 3509000.00 $ 3509000.00 Finance Approval: -4ego>wl V"0,0, 0 000 ^9