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Resolution No. 2010 -225
REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
REGULAR MEETING AGENDA
WEDNESDAY, JUNE 2, 2010
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 of May 19, 2010 Staff
Recommendation: Approve the minutes.
B. Consider Resolution Amendinq the Fiscal Year 2009/10 Budget for Moorpark
Redevelopment Agencv Fund (2902) for Metrolink South Parking Lot South
Entry Capital Improvement Program 8056. Staff Recommendation: Adopt
Resolution No. 2010- ROLL CALL VOTE REQUIRED (Staff: Yugal
Lail)
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.mooroark.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 /ActionlDiscussion 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.
Redevelopment Agency Agenda
June 2, 2010
Page 2
5. CONSENT CALENDAR: (continued)
C. Consider Fourth Amendment to the Design and Engineering Agreement
between the Redevelopment Agency of the City of Moorpark and CVE
Engineering. Staff Recommendation: Authorize the Executive Director to
execute the Fourth Amendment to the Design and Engineering Agreement
for this transaction, subject to final language approval by the Executive
Director and Agency Counsel. (Staff: David Moe)
D. Consider Resolution Authorizing the Acquisition of 112 First Street,
Accepting the Grant Deed for Recordation and Amending the Fiscal Year
2009/10 Budget to Fund the Purchase. Staff Recommendation: 1) Adopt
Resolution No. 2010- ; and 2) Authorize the Redevelopment Manager to
execute all documents necessary to complete this transaction; and 3)
Authorize the Agency Secretary to accept and consent to the recordation of
any deed. ROLL CALL VOTE REQUIRED (Staff: David Moe)
6. CLOSED SESSION:
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to Subdivision (b) of Section
54956.9 of the Government Code: (Number of cases to be discussed - 4)
B. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation pursuant to Subdivision (c) of Section 54956.9 of the
Government Code: (Number of cases to be discussed - 4)
7. ADJOURNMENT:
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 inappropriate 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
June 2, 2010
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 Redevelopment Agency of the City of Moorpark to be held Wednesday, June
2, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on May 28, 2010, 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 May 28, 2010.
Maureen Benson, Assistant City Clerk
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
ITEM 5.A.
ACTION: MINUTFS OF THE REDEVELOPMENT AGENCY OF THE CITY OF MOORPARK
BY. May 19, 2010
A Regular Meeting of the Redevelopment Agency of the City of Moorpark was held on
May 19, 2010, 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 7:22 p.m.
2. ROLL CALL:
Present: Agency Members Millhouse, Pollock, Van Dam, and Chair
Parvin.
Absent: Agency Member Mikos.
Staff Present: Steven Kueny, Executive Director; Joseph Montes, General
Counsel- Hugh Riley, Assistant Executive Director; David
Moe, Redevelopment Manager; Deborah Traffenstedt,
Agency Secretary; and Maureen Benson, Assistant Agency
Secretary.
3. PUBLIC COMMENT:
Aupad Ferenc Gotai, filmmaker and educator at Moorpark College, stated his
appreciation for the City of Moorpark's collaboration with the college in film
making and the use of the High Street Arts Center.
4. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
5. CONSENT CALENDAR.- (ROLL CALL VOTE REQUIRED)
MOTION- Agency Member Van Dam moved and Agency Member Millhouse seconded
a motion to approve the Consent. The motion carried by roll call vote 4 -0, Agency
Member Mikos absent.
A. Consider Minutes of Regular Meeting of April 21, 2010 Staff
Recommendation: Approve the minutes.
B. Consider Report on Impact of May 4, 2010 Court Decision Upholding
Assembly Bill (AB) 26 4X. Staff Recommendation: Receive and file
report.
1
Minutes of the Redevelopment Agency
Moorpark, California Page 2 May 19, 2010
C. Consider Conveying Grant Deed for Fee Simple Title to 609 Fitch Avenue
(APN 512 -0- 171 -245) to the City of Moorpark. Staff Recommendation..
Authorize the conveyance of grant deed for fee simple title of Parcel D of
the property at 609 Fitch Avenue to the City of Moorpark.
6. CLOSED SESSION:
None was held.
7. ADJOURNMENT:
Chair Parvin adjourned the meeting at 7:25 p.m.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson
Assistant Agency Secretary
2
ITEM 5.13.
CITY OF MOORPARK, CALIFORNIA
Re&velepment Agency Meeting
of
ACTION: cAv.
MOORPARK REDEVELOPMENT AGENT_.
AGENDA REPORT
TO: Honorable Agency Board of Directors L�
FROM: Yugal K. Lail, City Engineer /Public Works Director
Prepared by: Shaun Kroes, Senior Management Analyst
DATE: May 20, 2010 (Agency Meeting of June 2, 2010)
SUBJECT: Consider Resolution Amending the Fiscal Year 2009/10 Budget for
Moorpark Redevelopment Agency Fund (2902) for Metrolink South
Parking Lot South Entry Capital Improvement Program 8056
BACKGROUND /DISCUSSION
The Agency Board is being asked to consider the Budget Amendment (Attachment 1),
removing all funding from the Moorpark Redevelopment Agency (MRA) Operating Fund
(2902) for the Metrolink South Parking Lot South Entry Capital Improvement Project 8056
(Project 8056). A separate staff report to the Moorpark City Council will request a new
funding source from Traffic System Management (TSM) Fund (2001). This is a City not
Agency project. Although MRA funds could be used for this project because of recent
State action to take $1.9 million of MRA funds there is insufficient MRA funding to
contribute to this City project.
The City has leased the ground for the parking lot from the Ventura County Transportation
Commission since 1994 when it was established as a Park and Ride facility. Project
8056's goal is to establish a new parking lot driveway with access from First Street and
close the current driveway from Moorpark Avenue. Drivers would be able to enter and exit
the parking lot faster than if they were to use Moorpark Avenue. Eliminating the turning
movements on Moorpark Avenue at the current driveway will improve the flow of traffic.
Vehicles using the new driveway off of First Street could use the traffic signals at First
Street and on Moorpark Avenue and Second Street and Spring Road, further decreasing
the amount of idle time that vehicles currently experience while attempting to exit the
parking lot. The current entry to the parking lot would be blocked off but remain a potential
entry in the event of an emergency or special event.
S: \Public Works \Everyone \Reports \Staff Reports\2010\June \06 -02 -2010 (Metrolink Second Entrance) - MRA Version.doc
3
Honorable Agency Board of Directors
June 2, 2010
Page 2
FISCAL IMPACT
The proposed Budget Amendment would decrease MRA Operating Fund (2902)
expenditures by $332,667. As mentioned earlier, it is proposed that MRA Operating Fund
(2902) expenditures be replaced with TSM Fund (2001).
STAFF RECOMMENDATION (Roll Call Vote)
1. Adopt Resolution No. 2010 -
Attachment 1 - Resolution
Fil
Attachment 1
RESOLUTION NO. 2010 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FISCAL YEAR
2009/2010 BUDGET TO REMOVE $332,667 OF MOORPARK
REDEVELOPMENT OPERATING FUND (2902) FROM THE
METROLINK SOUTH PARKING LOT SOUTH ENTRY CAPITAL
IMPROVEMENT PROJECT 8056
WHEREAS, on July 1, 2009, the Moorpark Redevelopment Agency adopted the
Operating and Capital Improvements Budget for Fiscal Year 2009/10; and
WHEREAS, the adopted budget included an aggregate appropriation of
$464,907 for the Metrolink South Parking Lot South Entry Capital Improvement Project
(Project 8056), of which $332,112 was funded by Moorpark Redevelopment Agency
Operating Fund (2902) and $132,795 was funded by Intermodal Surface Transportation
Efficiency Act — Congestion Mitigation and Air Quality (ISTEA -CMAQ) Federal Grant
Fund (2604); and
WHEREAS, during Fiscal Year 2009/10 various approved budget adjustments
caused a net appropriation increase of $605 from $464,907 to $465,512; and
WHEREAS, a staff report has been presented to the Agency Board of Directors
explaining the change of Project 8056's funding source from Moorpark Redevelopment
Agency Operating Fund (2902) to Traffic System Management Fund (2001); and
WHEREAS, said staff report recommends the removal of $332,667 MRA
Operating Fund (2902) and the replacement of funding source with TSM Fund (2001),
and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describes said
budget amendment and its resultant impact to the budget line items.
S: \Public Works \Everyone \Reports \Staff Reports\2010\June \06 -02 -2010 (Metrolink Second Entrance Resolution) - MRA Version.doc
5
Resolution No. 2010 -
Page 2
NOW, THEREFORE, THE MOORPARK REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That Moorpark Redevelopment Agency Operating Fund (2902)
expenditures for Project 8056 shall be reduced from $332,667 to $0.00.
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 2nd day of June, 2010.
Janice S. Parvin, Chair
ATTEST:
Maureen Benson, Assistant Agency Secretary
EXHIBIT A
BUDGET AMENDMENT FOR
MOORPARK REDEVELOPMENT AGENCY OPERATING FUND FOR
TRAFFIC SYSTEM MANAGEMENT FUND
FY 2009/10
FUND BALANCE ALLOCATION:
Fund Title
Fund - Account Number
Amount
MRA OPERATING FUND
2902 -5500
$ 332,667
$
1,067.00
$
Total
$ -
$ 332,667
EXPENDITURE APPROPRIATION:
Account Number
Current Budget
Revision
Amended Budget
2902.8310.8056.9601
$
1,067.00
$
1,067
$ -
2902.8310.8056.9610
$
300,000.00
$
300,000
$ -
2902.8310.8056.9640
$
15,000.00
$
15,000
$ -
2902.8310.8056.9650
$
15,000.00
$
15,000
$ -
2902.2410.8056.9101
$
1,600.00
$
1,600
$ -
Total
$
332,667.00
$
332,667
$ -
Finance Approval:
7
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 5.C.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of--- L 11 -a o/D
ACTIOW,,r a "d &ze a� dgzoe
�o
A IUD Y_._.
RY-
To: Honorable Agency Board of Directors
From: David C. Moe II, Redevelopment Manager`j O)l
Date: May 14, 2010 (Agency Meeting of 6/2/10)
Subject: Consider Fourth Amendment to the Design and Engineering
Agreement between the Redevelopment Agency of the City of
Moorpark and CVE Engineering
BACKGROUND & DISCUSSION
The Redevelopment Agency of the City of Moorpark ( "Agency ") completed the
relocation of the flood channel and downtown parking lot last year in time for the U.S.
Post Office to relocate their offices back onto High Street. CVE Engineering ( "CVE ")
submitted their final invoices to staff. The Agency approved the third contract
amendment to authorize payment of the final invoice in November 2009 and the project
was closed out. However, one invoice from May 14, 2009, was not included in the third
amendment. CVE has completed the work and is requesting payment in the amount of
$3,054.00. Staff has reviewed the invoice and is recommending a fourth amendment to
the contract to authorize staff to pay the invoice.
FISCAL IMPACT
No budget amendment is necessary. The funds needed for the amendment will be
absorbed in the current Agency budget.
STAFF RECOMMENDATION
Authorize the Executive Director of the Redevelopment Agency to execute the Fourth
Amendment to the Design and Engineering Agreement for this transaction, subject to
final language approval by Executive Director and Agency Counsel.
Attachment "A ": Fourth Amendment to the Agreement for Professional Services
E
Attachment A
FOURTH AMENDMENT TO PROFESSIONAL SERVICES
AGREEMENT BETWEEN THE REDEVELOPMENT
AGENCY OF THE CITY OF MOORPARK AND CVE
ENGINEERING, INC. FOR ENGINEERING SERVICES
THIS FOURTH AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL
SERVICES ( "Fourth" Amendment "), is made and entered into this day of
, 2010, ( "the Effective Date ") between the Redevelopment Agency of
the City of Moorpark, hereinafter referred to as "AGENCY ", and CVE Engineering,
hereinafter referred to as "CONSULTANT ".
WITNESSETH:
WHEREAS, September 26, 2008, the AGENCY and the CONSULTANT entered
into a Professional Services Agreement for design and engineering services pertaining
to resurfacing High Street, constructing a public parking lot, relocating a portion of the
Walnut Canyon Channel, and providing driveway access to the west parking lot of the
new post office building; and
WHEREAS, January 21, 2009, the AGENCY and the CONSULTANT entered
into a First Amendment to Professional Services Agreement for additional engineering
services not covered by the original Agreement; and
WHEREAS, October 21, 2009, the AGENCY and the CONSULTANT entered
into a Second Amendment to Professional Services Agreement for additional
engineering services; and
WHEREAS, November 9, 2009, the AGENCY and CONSULTANT entered into a
Third Amendment to Professional Services Agreement for additional design and
engineering services not covered by the original Agreement and First and Second
Amendments; and
WHEREAS, the Agreement needs to be amended a fourth time to cover
additional design and engineering services and certain reimbursable expenses not
covered in the original Agreement or previous amendments.
NOW, THEREFORE, in consideration of the mutual covenants, benefits, and
premises herein stated, the parties hereto agree as follows:
AGENCY does hereby amend the Agreement to include additional design and
engineering services and certain reimbursable expenses in the amount of $3,054. All
other terms and conditions of the original Agreement shall remain in full force and effect.
[SIGNATURES ON PAGE 21
Page 1 of 2
REDEVELOPMENT AGENCY
OF THE CITY OF MOORPARK
Steven Kueny
Executive Director
Date:
ATTEST:
CONSULTANT:
CVE ENGINEERING
Date:
Deborah S. Traffenstedt, Agency Secretary
John E. Tracy
President
Page 2 of 2
10
MOORPARK REDEVELOPMENT
AGENDA REPORT
ITEM 5.D.
CITY OF MOORPARK, CALIFORNIA
Redevelopment Agency Meeting
of- ...s.,,,,.,m., .-'R 0/ 0
ACTION;
13Y: a 6.
To: Honorable Agency Board of Directors ss
From: David C. Moe II, Redevelopment Manager'��%'o ��,,��//��
Date: May 21, 2010 (Agency Meeting of 6/2/10)
Subject: Consider Resolution Authorizing the Acquisition of 112 First Street,
Accepting the Grant Deed for Recordation, and Amending the Fiscal
Year 2009/10 Budget to Fund the Purchase
BACKGROUND AND DISCUSSION
Staff has determined that the acquisition of the 112 First Street property by the
Redevelopment Agency of the City of Moorpark ( "Agency ") is consistent with the goals
and objectives in the Moorpark Redevelopment Plan. The purpose of the proposed
acquisition is to further affordable housing activities in the City of Moorpark.
This property is being sold through the Ventura County Court because the two property
owners are suing each other over a family dispute. In order to present an offer to the
Court, a representative from the Agency must attend the June 15, 2010, Court hearing.
Staff is proposing to send the Redevelopment Manager to present the offer to the Court.
The purchase price of the property is $258,000.00 plus half of the escrow expenses. A
$265,000.00 budget appropriation is required for the purchase.
FISCAL IMPACT
A budget amendment in the amount of $265,000.00 from the MRA 2001 Tax Allocation
Bond Proceeds Fund (2904) is needed to close escrow for the purchase of 112 First
Street.
STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Adopt Resolution No. 2010 — ; and
2. Authorize the Redevelopment Manager to execute all documents necessary to
complete this transaction; and
3. Authorize the Agency Secretary to accept and consent to the recordation of any
deed.
Attachment "A" Resolution No. 2010 -
11
ATTACHMENT A
RESOLUTION NO. 2010 -
A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
ACQUISITION OF 112 FIRST STREET, ACCEPTANCE OF
GRANT DEED, AMENDING THE FISCAL YEAR 2009/2010
BUDGET BY APPROPRIATING $265,000.00 FROM THE MRA
2001 TAX ALLOCATION BOND PROCEEDS FUND (2904), AND
AUTHORIZING REDEVELOPMENT MANAGER TO SIGN
DOCUMENTS PERTINENT TO THIS TRANSACTION
WHEREAS, the City Council of the City of Moorpark, adopted the
Redevelopment Plan for the Moorpark Redevelopment Project on July 5, 1989, by
Ordinance No. 110, in accordance with the California Community Redevelopment Law
(CCRL; Health and Safety Code Section 33000 et seq.); and
WHEREAS, CCRL Section 33342 provides that redevelopment plans may
include authority for the Agency to acquire by gift, purchase, lease or condemnation, all
or part of real property in the Project Area; and
WHEREAS, the Redevelopment Agency of the City of Moorpark desires to
purchase the property known as 112 First Street in the City of Moorpark, for the purpose
of affordable housing activities; and
WHEREAS, the purchase of 112 First Street is a probate purchase governed by
the Ventura County Superior Court that will require staff to sign documentation at court
on the day of the hearing; and
WHEREAS, on July 1, 2009, the Board of Directors adopted the Budget for
Fiscal Year 2009/2010; and
WHEREAS, a staff report has been presented to the Board of Directors
requesting a budget adjustment in the aggregate amount of $265,000.00 in the MRA
2001 Tax Allocation Bond Proceeds Fund (2904); and
WHEREAS, Exhibit "A ", attached hereto and made a part hereof, describe said
budget amendment and the resultant impact to the budget line item.
NOW, THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Agency Secretary shall accept and consent to the recordation
of the grant deed.
12
Resolution No. 2010 —
Page 2
SECTION 2. A budget amendment in the amount of $265,000.00 from the MRA
2001 Tax Allocation Bond Proceeds Fund (2904), as more particularly described in
Exhibit "A ", attached hereto, is hereby approved for property acquisition.
SECTION 3. The Redevelopment Manager is authorized to sign any documents
in court pertinent to this transaction. This authorization is good for this transaction only.
SECTION 4. 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 2nd day of June 2010.
Janice S. Parvin, Chair
ATTEST:
Deborah S. Traffenstedt, Agency Secretary
Attachment: Exhibit A — Budget Amendment
13
EXHIBIT A
BUDGET AMENDMENT FOR
MRA 2001 TAX ALLOCATION BOND PROCEEDS FUND FOR ACQUISITION OF 112 FIRST STREET
2009/10
FUND ALLOCATION FROM:
Fund
Account Number
Amount
MRA 2001 TAX ALLOCATION PROCEEDS
2904 -5500
$ 265,000.00
$ 265,000.00
$ 265,000.00
Total
$ 265,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
2904 - 2420 - 5082 -9610
$ -
$ 265,000.00
$ 265,000.00
Total
$ -
$ 265,000.00
$ 265,000.00
Approved as to Form: 4� —
14